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Public Act 099-0078 | ||||
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AN ACT to revise the law by combining multiple enactments | ||||
and making technical corrections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Nature of this Act. | ||||
(a) This Act may be cited as the First 2015 General | ||||
Revisory Act. | ||||
(b) This Act is not intended to make any substantive change | ||||
in the law. It reconciles conflicts that have arisen from | ||||
multiple amendments and enactments and makes technical | ||||
corrections and revisions in the law. | ||||
This Act revises and, where appropriate, renumbers certain | ||||
Sections that have been added or amended by more than one | ||||
Public Act. In certain cases in which a repealed Act or Section | ||||
has been replaced with a successor law, this Act may | ||||
incorporate amendments to the repealed Act or Section into the | ||||
successor law. This Act also corrects errors, revises | ||||
cross-references, and deletes obsolete text. | ||||
(c) In this Act, the reference at the end of each amended | ||||
Section indicates the sources in the Session Laws of Illinois | ||||
that were used in the preparation of the text of that Section. | ||||
The text of the Section included in this Act is intended to | ||||
include the different versions of the Section found in the | ||||
Public Acts included in the list of sources, but may not |
include other versions of the Section to be found in Public | ||
Acts not included in the list of sources. The list of sources | ||
is not a part of the text of the Section. | ||
(d) Public Acts 98-590 through 98-1173 were considered in | ||
the preparation of the combining revisories included in this | ||
Act. Many of those combining revisories contain no striking or | ||
underscoring because no additional changes are being made in | ||
the material that is being combined. | ||
Section 5. The Effective Date of Laws Act is amended by | ||
changing Section 6 as follows:
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(5 ILCS 75/6) (from Ch. 1, par. 1206)
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Sec. 6.
As used in this Act , "Constitution" means the | ||
Constitution of the
State of Illinois of 1970.
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(Source: P.A. 78-85; revised 11-25-14.)
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Section 10. The Regulatory Sunset Act is amended by | ||
changing Section 4.27 as follows: | ||
(5 ILCS 80/4.27) | ||
Sec. 4.27. Acts repealed on January 1, 2017. The following
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are repealed on January 1, 2017:
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The Illinois Optometric Practice Act of 1987. | ||
The Clinical Psychologist Licensing Act. | ||
The Boiler and Pressure Vessel Repairer Regulation Act. |
Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
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XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | ||
(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; | ||
94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff. | ||
8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.) | ||
Section 15. The Illinois Administrative Procedure Act is | ||
amended by changing Section 10-40 as follows:
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(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
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Sec. 10-40. Rules of evidence; official notice. In | ||
contested cases:
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(a) Irrelevant, immaterial, or unduly repetitious evidence | ||
shall be
excluded. The rules of evidence and privilege as | ||
applied in civil cases
in the circuit courts of this State | ||
shall be followed. Evidence not
admissible under those rules of | ||
evidence may be admitted, however, (except
where precluded by | ||
statute) if it is of a type commonly relied upon by
reasonably | ||
prudent men in the conduct of their affairs. Objections to
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evidentiary offers may be made and shall be noted in the | ||
record. Subject
to these requirements, when a hearing will be | ||
expedited and the interests
of the parties will not be | ||
prejudiced, any part of the evidence may be
received in written | ||
form.
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(b) Subject to the evidentiary requirements of subsection | ||
(a) of this
Section , a party may conduct cross-examination |
required for a full and fair
disclosure of the facts.
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(c) Notice may be taken of matters of which the circuit | ||
courts of this
State may take judicial notice. In addition, | ||
notice may be taken of
generally recognized technical or | ||
scientific facts within the agency's
specialized knowledge. | ||
Parties shall be notified either before or during
the hearing, | ||
or by reference in preliminary reports or otherwise, of the
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material noticed, including any staff memoranda or data, and | ||
they shall be
afforded an opportunity to contest the material | ||
so noticed. The agency's
experience, technical competence, and | ||
specialized knowledge may be utilized
in the evaluation of the | ||
evidence.
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(Source: P.A. 87-823; revised 11-25-14.)
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Section 20. The Open Meetings Act is amended by changing | ||
Section 2 as follows:
| ||
(5 ILCS 120/2) (from Ch. 102, par. 42)
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Sec. 2. Open meetings.
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(a) Openness required. All meetings of public
bodies shall | ||
be open to the public unless excepted in subsection (c)
and | ||
closed in accordance with Section 2a.
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(b) Construction of exceptions. The exceptions contained | ||
in subsection
(c) are in derogation of the requirement that | ||
public bodies
meet in the open, and therefore, the exceptions | ||
are to be strictly
construed, extending only to subjects |
clearly within their scope.
The exceptions authorize but do not | ||
require the holding of
a closed meeting to discuss a subject | ||
included within an enumerated exception.
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(c) Exceptions. A public body may hold closed meetings to | ||
consider the
following subjects:
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(1) The appointment, employment, compensation, | ||
discipline, performance,
or dismissal of specific | ||
employees of the public body or legal counsel for
the | ||
public body, including hearing
testimony on a complaint | ||
lodged against an employee of the public body or
against | ||
legal counsel for the public body to determine its | ||
validity.
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(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
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(3) The selection of a person to fill a public office,
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as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the public | ||
body
is given power to remove the occupant under law or | ||
ordinance.
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(4) Evidence or testimony presented in open hearing, or | ||
in closed
hearing where specifically authorized by law, to
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a quasi-adjudicative body, as defined in this Act, provided |
that the body
prepares and makes available for public | ||
inspection a written decision
setting forth its | ||
determinative reasoning.
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(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the purpose | ||
of discussing
whether a particular parcel should be | ||
acquired.
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(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
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(7) The sale or purchase of securities, investments, or | ||
investment
contracts. This exception shall not apply to the | ||
investment of assets or income of funds deposited into the | ||
Illinois Prepaid Tuition Trust Fund.
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(8) Security procedures and the use of personnel and
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equipment to respond to an actual, a threatened, or a | ||
reasonably
potential danger to the safety of employees, | ||
students, staff, the public, or
public
property.
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(9) Student disciplinary cases.
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(10) The placement of individual students in special | ||
education
programs and other matters relating to | ||
individual students.
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(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
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recorded and entered into the minutes of the closed | ||
meeting.
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(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and | ||
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
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prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
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association or self insurance pool of which the public body | ||
is a member.
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(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair housing | ||
practices and creating a commission or
administrative | ||
agency for their enforcement.
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(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or | ||
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
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(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
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(16) Self evaluation, practices and procedures or |
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
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(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals for a hospital, or
other institution | ||
providing medical care, that is operated by the public | ||
body.
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(18) Deliberations for decisions of the Prisoner | ||
Review Board.
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(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
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(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
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(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes as | ||
mandated by Section 2.06.
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(22) Deliberations for decisions of the State
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Emergency Medical Services Disciplinary
Review Board.
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(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery |
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
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(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
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(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. | ||
(27) (Blank). | ||
(28) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Public Aid Code or (ii) | ||
that pertain to appeals under Section 11-8 of the Public | ||
Aid Code. | ||
(29) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and | ||
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(30) Those meetings or portions of meetings of a | ||
fatality review team or the Illinois Fatality Review Team | ||
Advisory Council during which a review of the death of an |
eligible adult in which abuse or neglect is suspected, | ||
alleged, or substantiated is conducted pursuant to Section | ||
15 of the Adult Protective Services Act. | ||
(31) Meetings and deliberations for decisions of the | ||
Concealed Carry Licensing Review Board under the Firearm | ||
Concealed Carry Act. | ||
(32) Meetings between the Regional Transportation | ||
Authority Board and its Service Boards when the discussion | ||
involves review by the Regional Transportation Authority | ||
Board of employment contracts under Section 28d of the | ||
Metropolitan Transit Authority Act and Sections 3A.18 and | ||
3B.26 of the Regional Transportation Authority Act. | ||
(d) Definitions. For purposes of this Section:
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"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
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"Public office" means a position created by or under the
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Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
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established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
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"Quasi-adjudicative body" means an administrative body |
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make | ||
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
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(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other information | ||
that will inform the
public of the business being conducted.
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(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | ||
97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | ||
8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. | ||
7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised | ||
10-1-14.)
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Section 25. The Freedom of Information Act is amended by | ||
changing Sections 2 and 7.5 as follows:
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(5 ILCS 140/2) (from Ch. 116, par. 202)
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Sec. 2. Definitions. As used in this Act:
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(a) "Public body" means all legislative,
executive, | ||
administrative, or advisory bodies of the State, state | ||
universities
and colleges, counties, townships, cities, | ||
villages, incorporated towns,
school districts and all other | ||
municipal corporations,
boards, bureaus, committees, or | ||
commissions of this State, any
subsidiary
bodies of any of the |
foregoing including but not limited to committees and
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subcommittees thereof, and a School Finance Authority created | ||
under
Article 1E of the School Code.
"Public body" does not | ||
include a child death review team
or the Illinois Child Death | ||
Review Teams
Executive Council
established under
the Child | ||
Death Review Team Act, or a regional youth advisory board or | ||
the Statewide Youth Advisory Board established under the | ||
Department of Children and Family Services Statewide Youth | ||
Advisory Board Act.
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(b) "Person" means any individual, corporation, | ||
partnership, firm,
organization
or association, acting | ||
individually or as a group.
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(c) "Public records" means all records, reports, forms, | ||
writings, letters,
memoranda, books, papers, maps, | ||
photographs, microfilms, cards, tapes,
recordings,
electronic | ||
data processing records, electronic communications, recorded | ||
information and all other
documentary
materials pertaining to | ||
the transaction of public business, regardless of physical form | ||
or characteristics, having been
prepared by or for, or having | ||
been or being used by, received by, in the possession of, or | ||
under the
control
of
any public body. | ||
(c-5) "Private information" means unique identifiers, | ||
including a person's social security number, driver's license | ||
number, employee identification number, biometric identifiers, | ||
personal financial information, passwords or other access | ||
codes, medical records, home or personal telephone numbers, and |
personal email addresses. Private information also includes | ||
home address and personal license plates, except as otherwise | ||
provided by law or when compiled without possibility of | ||
attribution to any person. | ||
(c-10) "Commercial purpose" means the use of any part of a | ||
public record or records, or information derived from public | ||
records, in any form for sale, resale, or solicitation or | ||
advertisement for sales or services. For purposes of this | ||
definition, requests made by news media and non-profit, | ||
scientific, or academic organizations shall not be considered | ||
to be made for a "commercial purpose" when the principal | ||
purpose of the request is (i) to access and disseminate | ||
information concerning news and current or passing events, (ii) | ||
for articles of opinion or features of interest to the public, | ||
or (iii) for the purpose of academic, scientific, or public | ||
research or education.
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(d) "Copying" means the reproduction of any public record | ||
by means of any
photographic, electronic, mechanical or other | ||
process, device or means now known or hereafter developed and | ||
available to the public body.
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(e) "Head of the public body" means the president, mayor, | ||
chairman,
presiding
officer, director, superintendent, | ||
manager, supervisor or individual otherwise
holding primary | ||
executive and administrative authority for the public
body, or | ||
such person's duly authorized designee.
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(f) "News media" means a newspaper or other periodical |
issued at regular
intervals whether in print or electronic | ||
format, a news service whether
in print or electronic format, a | ||
radio
station, a television station, a television network, a | ||
community
antenna television service, or a person or | ||
corporation engaged in making news
reels or other motion | ||
picture news for public showing.
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(g) "Recurrent requester", as used in Section 3.2 of this | ||
Act, means a person that, in the 12 months immediately | ||
preceding the request, has submitted to the same public body | ||
(i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||
requests for records within a 30-day period, or (iii) a minimum | ||
of 7 requests for records within a 7-day period. For purposes | ||
of this definition, requests made by news media and non-profit, | ||
scientific, or academic organizations shall not be considered | ||
in calculating the number of requests made in the time periods | ||
in this definition when the principal purpose of the requests | ||
is (i) to access and disseminate information concerning news | ||
and current or passing events, (ii) for articles of opinion or | ||
features of interest to the public, or (iii) for the purpose of | ||
academic, scientific, or public research or education. | ||
For the purposes of this subsection (g), "request" means a | ||
written document (or oral request, if the public body chooses | ||
to honor oral requests) that is submitted to a public body via | ||
personal delivery, mail, telefax, electronic mail, or other | ||
means available to the public body and that identifies the | ||
particular public record the requester seeks. One request may |
identify multiple records to be inspected or copied. | ||
(h) "Voluminous request" means a request that: (i) includes | ||
more than 5 individual requests for more than 5 different | ||
categories of records or a combination of individual requests | ||
that total requests for more than 5 different categories of | ||
records in a period of 20 business days; or (ii) requires the | ||
compilation of more than 500 letter or legal-sized pages of | ||
public records unless a single requested record exceeds 500 | ||
pages. "Single requested record" may include, but is not | ||
limited to, one report, form, e-mail, letter, memorandum, book, | ||
map, microfilm, tape, or recording. | ||
"Voluminous request" does not include a request made by | ||
news media and non-profit, scientific, or academic | ||
organizations if the principal purpose of the request is: (1) | ||
to access and disseminate information concerning news and | ||
current or passing events; (2) for articles of opinion or | ||
features of interest to the public; or (3) for the purpose of | ||
academic, scientific, or public research or education. | ||
For the purposes of this subsection (h), "request" means a | ||
written document, or oral request, if the public body chooses | ||
to honor oral requests, that is submitted to a public body via | ||
personal delivery, mail, telefax, electronic mail, or other | ||
means available to the public body and that identifies the | ||
particular public record or records the requester seeks. One | ||
request may identify multiple individual records to be | ||
inspected or copied. |
(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; | ||
98-1129, eff. 12-3-14; revised 12-19-14.)
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(5 ILCS 140/7.5) | ||
Sec. 7.5. Statutory exemptions Exemptions . To the extent | ||
provided for by the statutes referenced below, the following | ||
shall be exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless Emergency Telephone Safety | ||
Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential |
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. |
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Accountability and | ||
Portability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act . | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||
eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, |
eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | ||
eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.) | ||
Section 30. The State Records Act is amended by changing | ||
Section 15b as follows:
| ||
(5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
| ||
Sec. 15b. The head of each agency shall:
| ||
(1) Determine what records are "essential" for | ||
emergency government
operation through consultation with | ||
all branches of government, State
agencies, and with the | ||
State Civil Defense Agency.
| ||
(2) Determine what records are "essential" for | ||
post-emergency government
operations and provide for their | ||
protection and preservation.
| ||
(3) Establish the manner in which essential records for | ||
emergency and
post-emergency government operations shall | ||
be preserved to ensure insure emergency
usability.
| ||
(4) Establish and maintain an essential
records | ||
preservation program.
| ||
The Secretary may provide for security storage or
| ||
relocation of essential State
records in the event of an | ||
emergency arising from enemy attack or natural
disaster.
| ||
(Source: P.A. 85-414; revised 11-25-14.)
| ||
Section 35. The Electronic Commerce Security Act is amended |
by changing Section 10-115 as follows:
| ||
(5 ILCS 175/10-115)
| ||
Sec. 10-115. Commercially reasonable; reliance.
| ||
(a) The commercial reasonableness of a security
procedure | ||
is a question of law to be determined in light of the purposes | ||
of the
procedure and the commercial
circumstances at the time | ||
the
procedure was used, including the nature of the | ||
transaction, sophistication of
the parties, volume of
similar | ||
transactions engaged in by either or both of the parties, | ||
availability
of alternatives offered to but
rejected by either | ||
of the parties, cost of alternative procedures, and
procedures | ||
in general use for similar
types of transactions.
| ||
(b) Whether reliance on a security procedure was reasonable | ||
and in good
faith is to be
determined in light of all the | ||
circumstances known to the relying party at the
time of the | ||
reliance, having
due regard to the :
| ||
(1) the information that the relying party knew or | ||
should have known of at the
time of
reliance that would | ||
suggest that reliance was or was not reasonable;
| ||
(2) the value or importance of the electronic record, | ||
if known;
| ||
(3) any course of dealing between the relying party and | ||
the purported
sender and
the available indicia of | ||
reliability or unreliability apart from the security
| ||
procedure;
|
(4) any usage of trade, particularly trade conducted by | ||
trustworthy
systems or other
computer-based means; and
| ||
(5) whether the verification was performed with the | ||
assistance of an
independent
third party.
| ||
(Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)
| ||
Section 40. The Employee Rights Violation Act is amended by | ||
changing Section 2 as follows:
| ||
(5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
| ||
Sec. 2.
For the purposes of this Act, the terms used herein | ||
shall
have the meanings ascribed to them in this Section:
| ||
(a) "Policy making officer" means: (i) an employee of a | ||
State agency who
is engaged predominantly in executive and | ||
management functions and is
charged with the responsibility of | ||
directing the effectuation of such
management policies and | ||
practices; or (ii) an employee of a State agency
whose | ||
principal work is substantially different from that of his
| ||
subordinates and who has authority in the interest of the State | ||
agency to
hire, transfer, suspend, lay off, recall, promote, | ||
discharge, direct,
reward, or discipline employees, or to | ||
adjust their grievances, or to
effectively recommend such | ||
action, if the exercise of such authority is not
of a merely | ||
routine or clerical nature, but requires the consistent use of
| ||
independent judgment; or (iii) a Director, Assistant Director | ||
or Deputy
Director of a State agency . ;
|
(b) "State agency" means the Departments of the Executive | ||
Branch of
State government listed in Section 5-15 of the | ||
Departments of State
Government Law (20 ILCS 5/5-15) . ;
| ||
(c) "Director" includes the Secretary of Transportation.
| ||
(Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)
| ||
Section 45. The Election Code is amended by changing | ||
Sections 10-10 and 16-6.1 as follows:
| ||
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||
Sec. 10-10. Within 24 hours after the receipt of the | ||
certificate of
nomination or nomination papers or proposed | ||
question of public
policy, as the case may be, and the | ||
objector's petition, the chairman
of the electoral board other | ||
than the State Board of Elections shall
send a call by | ||
registered or certified mail to each of the members of the
| ||
electoral board, and to the objector who filed the objector's | ||
petition, and
either to the candidate whose certificate of | ||
nomination or nomination
papers are objected to or to the | ||
principal proponent or attorney for
proponents of a question of | ||
public policy, as the case may be, whose
petitions are objected | ||
to, and shall also cause the sheriff of the county
or counties | ||
in which such officers and persons reside to serve a copy of
| ||
such call upon each of such officers and persons, which call | ||
shall set out
the fact that the electoral board is required to | ||
meet to hear and pass upon
the objections to nominations made |
for the office, designating it, and
shall state the day, hour | ||
and place at which the electoral board shall meet
for the | ||
purpose, which place shall be in the
county court house in the | ||
county in the case of the County Officers
Electoral Board, the | ||
Municipal Officers Electoral Board, the Township
Officers | ||
Electoral Board or the Education Officers Electoral Board, | ||
except that the Municipal Officers Electoral Board, the | ||
Township Officers Electoral Board, and the Education Officers | ||
Electoral Board may meet at the location where the governing | ||
body of the municipality, township, or community college | ||
district, respectively, holds its regularly scheduled | ||
meetings, if that location is available; provided that voter | ||
records may be removed from the offices of an election | ||
authority only at the discretion and under the supervision of | ||
the election authority.
In
those cases where the State Board of | ||
Elections is the electoral board
designated under Section 10-9, | ||
the chairman of the State Board of Elections
shall, within 24 | ||
hours after the receipt of the certificate of nomination
or | ||
nomination papers or petitions for a proposed amendment to | ||
Article IV of
the Constitution or proposed statewide question | ||
of public policy, send a
call by registered or certified mail | ||
to the objector who files the
objector's petition, and either | ||
to the candidate whose certificate of
nomination or nomination | ||
papers are objected to or to the principal
proponent or | ||
attorney for proponents of the proposed Constitutional
| ||
amendment or statewide question of public policy and shall |
state the day,
hour and place at which the electoral board | ||
shall meet for the purpose,
which place may be in the Capitol | ||
Building or in the principal or permanent
branch office of the | ||
State Board. The day of the meeting shall not be less
than 3 | ||
nor more than 5 days after the receipt of the certificate of
| ||
nomination or nomination papers and the objector's petition by | ||
the chairman
of the electoral board.
| ||
The electoral board shall have the power to administer | ||
oaths and to
subpoena and examine witnesses and , at the request | ||
of either party and only upon a vote by a majority of its | ||
members, may authorize the
chairman to issue subpoenas | ||
requiring the attendance of witnesses and
subpoenas duces tecum | ||
requiring the production of such books, papers,
records and | ||
documents as may be evidence of any matter under inquiry
before | ||
the electoral board, in the same manner as witnesses are
| ||
subpoenaed in the Circuit Court.
| ||
Service of such subpoenas shall be made by any sheriff or | ||
other
person in the same manner as in cases in such court and | ||
the fees of such
sheriff shall be the same as is provided by | ||
law, and shall be paid by
the objector or candidate who causes | ||
the issuance of the subpoena. In
case any person so served | ||
shall knowingly neglect or refuse to obey any
such subpoena, or | ||
to testify, the electoral board shall at once file a
petition | ||
in the circuit court of the county in which such hearing is to
| ||
be heard, or has been attempted to be heard, setting forth the | ||
facts, of
such knowing refusal or neglect, and accompanying the |
petition with a
copy of the citation and the answer, if one has | ||
been filed, together
with a copy of the subpoena and the return | ||
of service thereon, and shall
apply for an order of court | ||
requiring such person to attend and testify,
and forthwith | ||
produce books and papers, before the electoral board. Any
| ||
circuit court of the state, excluding the judge who is sitting | ||
on the electoral
board, upon such showing shall order such | ||
person to appear and testify,
and to forthwith produce such | ||
books and papers, before the electoral board
at a place to be | ||
fixed by the court. If such person shall knowingly fail
or | ||
refuse to obey such order of the court without lawful excuse, | ||
the court
shall punish him or her by fine and imprisonment, as | ||
the nature of the case
may require and may be lawful in cases | ||
of contempt of court.
| ||
The electoral board on the first day of its meeting shall | ||
adopt rules
of procedure for the introduction of evidence and | ||
the presentation of
arguments and may, in its discretion, | ||
provide for the filing of briefs
by the parties to the | ||
objection or by other interested persons.
| ||
In the event of a State Electoral Board hearing on | ||
objections to a
petition for an amendment to Article IV of the | ||
Constitution
pursuant to Section 3 of Article XIV of the | ||
Constitution, or to a
petition for a question of public policy | ||
to be submitted to the
voters of the entire State, the | ||
certificates of the county clerks and boards
of election | ||
commissioners showing the results of the random sample of
|
signatures on the petition shall be prima facie valid and | ||
accurate, and
shall be presumed to establish the number of | ||
valid and invalid
signatures on the petition sheets reviewed in | ||
the random sample, as prescribed
in Section 28-11 and 28-12 of | ||
this Code. Either party, however, may introduce
evidence at | ||
such hearing to dispute the findings as to particular | ||
signatures.
In addition to the foregoing, in the absence of | ||
competent evidence presented
at such hearing by a party | ||
substantially challenging the results of a random
sample, or | ||
showing a different result obtained by an additional sample,
| ||
this certificate of a county clerk or board of election | ||
commissioners shall
be presumed to establish the ratio of valid | ||
to invalid signatures within
the particular election | ||
jurisdiction.
| ||
The electoral board shall take up the question as to | ||
whether or not
the certificate of nomination or nomination | ||
papers or petitions are in
proper form, and whether or not they | ||
were filed within the time and
under the conditions required by | ||
law, and whether or not they are the
genuine certificate of | ||
nomination or nomination papers or petitions
which they purport | ||
to be, and whether or not in the case of the
certificate of | ||
nomination in question it represents accurately the
decision of | ||
the caucus or convention issuing it, and in general shall
| ||
decide whether or not the certificate of nomination or | ||
nominating papers
or petitions on file are valid or whether the | ||
objections thereto should
be sustained and the decision of a |
majority of the electoral board shall
be final subject to | ||
judicial review as provided in Section 10-10.1. The
electoral | ||
board must state its findings in writing and must state in
| ||
writing which objections, if any, it has sustained. A copy of | ||
the decision shall be served upon the parties to the | ||
proceedings in open proceedings before the electoral board. If | ||
a party does not appear for receipt of the decision, the | ||
decision shall be deemed to have been served on the absent | ||
party on the date when a copy of the decision is personally | ||
delivered or on the date when a copy of the decision is | ||
deposited in the Unites States mail, in a sealed envelope or | ||
package, with postage prepaid, addressed to each party affected | ||
by the decision or to such party's attorney of record, if any, | ||
at the address on record for such person in the files of the | ||
electoral board.
| ||
Upon the expiration of the period within which a proceeding | ||
for
judicial review must be commenced under Section 10-10.1, | ||
the electoral
board shall, unless a proceeding for judicial | ||
review has been commenced
within such period, transmit, by | ||
registered or certified mail, a
certified copy of its ruling, | ||
together with the original certificate of
nomination or | ||
nomination papers or petitions and the original objector's
| ||
petition, to the officer or board with whom the certificate of
| ||
nomination or nomination papers or petitions, as objected to, | ||
were on
file, and such officer or board shall abide by and | ||
comply with the
ruling so made to all intents and purposes.
|
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||
revised 11-25-14.)
| ||
(10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
| ||
Sec. 16-6.1.
In elections held pursuant to the provisions | ||
of Section 12 of
Article VI of the Constitution relating to | ||
retention of judges in office,
the form of the proposition to | ||
be submitted for each candidate shall be
as provided in | ||
paragraph (1) or (2), as the election authority may choose.
| ||
(1) The names of all persons seeking retention in the | ||
same office shall be
listed, in the order provided in this | ||
Section, with one proposition that reads
substantially as | ||
follows: "Shall each of the persons listed be retained
in | ||
office as (insert name of office and court)?".
To the right | ||
of each candidate's name must be places for the voter to | ||
mark
"Yes" or "No". If the list of candidates for retention | ||
in the same office
exceeds one page of the ballot, the | ||
proposition must appear on each page
upon which the list of | ||
candidates continues.
| ||
(2) The form of the proposition for each candidate | ||
shall be
substantially as follows:
| ||
-----------------------------------------------------
| ||
Shall ....... (insert name YES
| ||
of candidate) be retained in --------------
| ||
office as ..... (insert name NO
| ||
of office and Court)?
|
-----------------------------------------------------
| ||
The names of all candidates thus submitting their names for | ||
retention in
office in any particular judicial district or | ||
circuit shall appear on the
same ballot which shall be separate | ||
from all other ballots voted on at the
general election.
| ||
Propositions on Supreme Court judges, if any are seeking | ||
retention,
shall appear on the ballot in the first group, for | ||
judges of the Appellate
Court in the second group immediately | ||
under the first, and for circuit
judges in the last group. The | ||
grouping of candidates for the same office
shall be preceded by | ||
a heading describing the office and the court. If
there are two | ||
or more candidates for each office, the names of such
| ||
candidates in each group shall be listed in the order | ||
determined as
follows: The name of the person with the greatest | ||
length of time served in
the specified office of the specified | ||
court shall be listed first in each
group. The rest of the | ||
names shall be listed in the appropriate order based
on the | ||
same seniority standard. If two or more candidates for each | ||
office
have served identical periods of time in the specified | ||
office, such
candidates shall be listed alphabetically at the | ||
appropriate place in the
order of names based on seniority in | ||
the office as described. Circuit
judges shall be credited for | ||
the purposes of this section with service as
associate judges | ||
prior to July 1, 1971 and with service on any court the
judges | ||
of which were made associate judges on January 1, 1964 by | ||
virtue of
Paragraph 4, subparagraphs (c) and (d) of the |
Schedule to Article VI of the
former Illinois Constitution.
| ||
At the top of the ballot on the same side as the | ||
propositions on the
candidates are listed shall be printed an | ||
explanation to read substantially
as follows: "Vote on the | ||
proposition with respect to all or any of the
judges listed on | ||
this ballot. No judge listed is running against any other
| ||
judge. The sole question is whether each judge shall be | ||
retained in his or her
present office".
| ||
Such separate ballot shall be printed on paper of | ||
sufficient size so
that when folded once it shall be large | ||
enough to contain the following
words, which shall be printed | ||
on the back, "Ballot for judicial candidates
seeking retention | ||
in office". Such ballot shall be handed to the elector at
the | ||
same time as the ballot containing the names of other | ||
candidates for
the general election and shall be returned | ||
therewith by the elector to the
proper officer in the manner | ||
designated by this Act. All provisions of this
Act relating to | ||
ballots shall apply to such separate ballot, except as
| ||
otherwise specifically provided in this section. Such separate | ||
ballot shall
be printed upon paper of a green color. No other | ||
ballot at the same
election shall be green in color.
| ||
In precincts in which voting machines are used, the special | ||
ballot
containing the propositions on the retention of judges | ||
may be placed on the
voting machines if such voting machines | ||
permit the casting of votes on such
propositions.
| ||
An electronic voting system authorized by Article 24A may |
be used in
voting and tabulating the judicial retention | ||
ballots. When an electronic
voting system is used which | ||
utilizes a ballot label booklet and ballot
card, there shall be | ||
used in the label booklet a separate ballot label page
or pages | ||
as required for such proposition, which page or pages for such
| ||
proposition shall be of a green color separate and distinct | ||
from the ballot
label page or pages used for any other | ||
proposition or candidates.
| ||
(Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised | ||
11-25-14.)
| ||
Section 50. The State Comptroller Act is amended by | ||
changing Section 26 as follows: | ||
(15 ILCS 405/26) | ||
Sec. 26. Illinois Gives Initiative. | ||
(a) The Illinois Gives Initiative is hereby created to | ||
provide a mechanism whereby an employee or annuitant may | ||
authorize the withholding of a portion of his or her salary, | ||
wages, or annuity for payment to Illinois chapters of the | ||
American Red Cross whose territories include areas affected by | ||
a declaration of disaster issued in accordance with Section 7 | ||
of the Illinois Emergency Management Agency Act. | ||
(b) The initiative shall be administered by the State | ||
Comptroller, who is authorized to: | ||
(1) develop an electronic mechanism whereby an |
employee or annuitant may register with the Office of the | ||
Comptroller for the withholding to be deducted from the | ||
next available scheduled pay period; | ||
(2) develop policies and procedures necessary for the | ||
efficient transmission of the notification of the | ||
withholding under this Section to the employee's Payroll | ||
Officer or the annuitant's Retirement Agency; and | ||
(3) develop policies and procedures necessary for the | ||
efficient distribution of the withholdings under this | ||
Section to designated Illinois chapters of the American Red | ||
Cross.
| ||
(Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.) | ||
Section 55. The Illinois Act on the Aging is amended by | ||
changing Section 8.09 as follows: | ||
(20 ILCS 105/8.09) | ||
Sec. 8.09. Unlicensed or uncertified facilities. No public | ||
official, agent, or employee may place any person in or with, | ||
or recommend that any person be placed in or with, or directly | ||
or indirectly cause any person to be placed in or with any | ||
unlicensed or uncertified: (i) board and care home as defined | ||
in the Board and Care Home Act and licensed under the Assisted | ||
Living and Shared Housing Act; (ii) assisted living or shared | ||
housing establishment as defined in the Assisted Living and | ||
Shared Housing Act; (iii) facility licensed under the Nursing |
Home Care Act; (iv) supportive living facility as described in | ||
Section 5-5.01a of the Illinois Public Aid Code; (v) | ||
free-standing hospice residence licensed under the Hospice | ||
Program Licensing Act; or (vi) home services agency licensed | ||
under the Home Health, Home Services, and Home Nursing Agency | ||
Licensing Act if licensure or certification is required. No | ||
public official, agent, or employee may place the name of such | ||
a facility on a list of facilities to be circulated to the | ||
public, unless the facility is licensed or certified. Use of | ||
the Department of Public Health's annual list of licensed | ||
facilities shall satisfy compliance with this Section for all | ||
facilities licensed or certified by the Illinois Department of | ||
Public Health.
| ||
(Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.) | ||
Section 60. The Alcoholism and Other Drug Abuse and | ||
Dependency Act is amended by changing Section 40-5 as follows: | ||
(20 ILCS 301/40-5) | ||
Sec. 40-5. Election of treatment. An addict or alcoholic | ||
who is charged
with or convicted of a crime or any other person | ||
charged with or convicted of a misdemeanor violation of the Use | ||
of Intoxicating Compounds Act and who has not been previously | ||
convicted of a violation of that Act may elect treatment under | ||
the supervision of a
licensed program designated by the | ||
Department, referred to in this Article
as "designated |
program", unless: | ||
(1) the crime is a crime of violence; | ||
(2) the crime is a violation of Section 401(a), 401(b), | ||
401(c) where the
person electing treatment has been | ||
previously convicted of a non-probationable
felony or the | ||
violation is non-probationable, 401(d) where the violation | ||
is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||
Illinois Controlled
Substances
Act, or Section 12-7.3 of | ||
the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | ||
4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis | ||
Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | ||
60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | ||
and Community Protection Act or is otherwise ineligible for | ||
probation under Section 70 of the Methamphetamine Control | ||
and Community Protection Act; | ||
(3) the person has a record of 2 or more convictions of | ||
a crime of
violence; | ||
(4) other criminal proceedings alleging commission of | ||
a felony are pending
against the person; | ||
(5) the person is on probation or parole and the | ||
appropriate parole or
probation authority does not consent | ||
to that election; | ||
(6) the person elected and was admitted to a designated | ||
program on 2 prior
occasions within any consecutive 2-year | ||
period; | ||
(7) the person has been convicted of residential |
burglary and has a record
of one or more felony | ||
convictions; | ||
(8) the crime is a violation of Section 11-501 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or | ||
(9) the crime is a reckless homicide or a reckless | ||
homicide of an unborn
child, as defined in Section 9-3 or | ||
9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, in
which the cause of death consists of the driving | ||
of a motor vehicle by a person
under the influence of | ||
alcohol or any other drug or drugs at the time of the
| ||
violation. | ||
Nothing in this Section shall preclude an individual who is | ||
charged with or convicted of a crime that is a violation of | ||
Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | ||
Community Protection Act, and who is otherwise eligible to make | ||
the election provided for under this Section, from being | ||
eligible to make an election for treatment as a condition of | ||
probation as provided for under this Article. | ||
(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.) | ||
Section 65. The Children and Family Services Act is amended | ||
by changing Section 8 as follows:
| ||
(20 ILCS 505/8) (from Ch. 23, par. 5008)
|
Sec. 8. Scholarships and fee waivers. Each year the | ||
Department shall select a minimum of 53 students (at least 4 of | ||
whom shall be children of veterans) to receive scholarships and | ||
fee waivers which will enable them to attend and complete their | ||
post-secondary education at a community college, university, | ||
or college. Youth shall be selected from among the youth for | ||
whom the Department has court-ordered legal responsibility, | ||
youth who aged out of care at age 18 or older, or youth | ||
formerly under care
who have been adopted or who have been | ||
placed in private guardianship. Recipients must have earned a | ||
high school diploma from an accredited institution or , a high | ||
school equivalency General Education Development certificate | ||
or diploma , or have met the State criteria for high school | ||
graduation before the start of the school year for which they | ||
are applying for the scholarship and waiver. high school | ||
equivalency Scholarships and fee waivers shall be available to | ||
students for at least 5 years, provided they are continuing to | ||
work toward graduation. Unused scholarship dollars and fee | ||
waivers shall be reallocated to new recipients. No later than | ||
January 1, 2015, the Department shall promulgate rules | ||
identifying the criteria for "continuing to work toward | ||
graduation" , and for reallocating unused scholarships and fee | ||
waivers. Selection shall be made on the
basis of several | ||
factors, including, but not limited to, scholastic record, | ||
aptitude, and general interest in higher
education. The | ||
selection committee shall include at least 2 individuals |
formerly under the care of the Department who have completed | ||
their post-secondary education. In accordance with this Act, | ||
tuition scholarships and fee waivers
shall be available to such | ||
students at any university or college maintained by
the State | ||
of Illinois. The Department shall provide maintenance and | ||
school
expenses, except tuition and fees, during the academic | ||
years to supplement
the students' earnings or other resources | ||
so long as they consistently
maintain scholastic records which | ||
are acceptable to their schools and to
the Department. Students | ||
may attend other colleges and universities, if
scholarships are | ||
awarded them, and receive the same benefits for maintenance
and | ||
other expenses as those students attending any Illinois State | ||
community
college, university, or college under this Section. | ||
Beginning with recipients receiving scholarships and waivers | ||
in August 2014, the Department shall collect data and report | ||
annually to the General Assembly on measures of success , | ||
including (i) the number of youth applying for and receiving | ||
scholarships, (ii) the percentage of scholarship recipients | ||
who complete their college or university degree within 5 years, | ||
(iii) the average length of time it takes for scholarship | ||
recipients to complete their college or university degree, (iv) | ||
the reasons that scholarship recipients are discharged or fail | ||
to complete their college or university degree, (v) when | ||
available , youths' outcomes 5 years and 10 years after being | ||
awarded the scholarships, and (vi) budget allocations for | ||
maintenance and school expenses incurred by the Department.
|
(Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15; | ||
98-805, eff. 1-1-15; revised 10-1-14.)
| ||
Section 70. The High Speed Internet Services and | ||
Information Technology Act is amended by changing Section 30 as | ||
follows: | ||
(20 ILCS 661/30)
| ||
Sec. 30. High Speed Internet Services and Information | ||
Technology Fund. | ||
(a) There is created in the State treasury a special fund | ||
to be known as the High Speed Internet Services and Information | ||
Technology Fund, to be used, subject to appropriation, by the | ||
Department of Commerce and Economic Opportunity Development | ||
for purposes of providing grants to the nonprofit organization | ||
enlisted under this Act. | ||
(b) On the effective date of this Act, $4,000,000 in the | ||
Digital Divide Elimination Infrastructure Fund shall be | ||
transferred to the High Speed Internet Services and Information | ||
Technology Fund. Nothing contained in this subsection (b) shall | ||
affect the validity of grants issued with moneys from the | ||
Digital Divide Elimination Infrastructure Fund before June 30, | ||
2007.
| ||
(Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.) | ||
Section 75. The Department of Human Services Act is amended |
by changing Section 10-66 as follows: | ||
(20 ILCS 1305/10-66) | ||
Sec. 10-66. Rate reductions. Rates for medical services | ||
purchased by the Divisions of Alcoholism Alcohol and Substance | ||
Abuse, Community Health and Prevention, Developmental | ||
Disabilities, Mental Health, or Rehabilitation Services within | ||
the Department of Human Services shall not be reduced below the | ||
rates calculated on April 1, 2011 unless the Department of | ||
Human Services promulgates rules and rules are implemented | ||
authorizing rate reductions.
| ||
(Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.) | ||
Section 80. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing | ||
Sections 15.4 and 18.6 as follows:
| ||
(20 ILCS 1705/15.4)
| ||
Sec. 15.4. Authorization for nursing delegation to permit | ||
direct care
staff to
administer medications. | ||
(a) This Section applies to (i) all programs for persons
| ||
with a
developmental disability in settings of 16 persons or | ||
fewer that are funded or
licensed by the Department of Human
| ||
Services and that distribute or administer medications and (ii) | ||
all
intermediate care
facilities for the developmentally | ||
disabled with 16 beds or fewer that are
licensed by the
|
Department of Public Health. The Department of Human Services | ||
shall develop a
training program for authorized direct care | ||
staff to administer
medications under the
supervision and | ||
monitoring of a registered professional nurse.
This training | ||
program shall be developed in consultation with professional
| ||
associations representing (i) physicians licensed to practice | ||
medicine in all
its branches, (ii) registered professional | ||
nurses, and (iii) pharmacists.
| ||
(b) For the purposes of this Section:
| ||
"Authorized direct care staff" means non-licensed persons | ||
who have
successfully completed a medication administration | ||
training program
approved by the Department of Human Services | ||
and conducted by a nurse-trainer.
This authorization is | ||
specific to an individual receiving service in
a
specific | ||
agency and does not transfer to another agency.
| ||
"Medications" means oral and topical medications, insulin | ||
in an injectable form, oxygen, epinephrine auto-injectors, and | ||
vaginal and rectal creams and suppositories. "Oral" includes | ||
inhalants and medications administered through enteral tubes, | ||
utilizing aseptic technique. "Topical" includes eye, ear, and | ||
nasal medications. Any controlled substances must be packaged | ||
specifically for an identified individual. | ||
"Insulin in an injectable form" means a subcutaneous | ||
injection via an insulin pen pre-filled by the manufacturer. | ||
Authorized direct care staff may administer insulin, as ordered | ||
by a physician, advanced practice nurse, or physician |
assistant, if: (i) the staff has successfully completed a | ||
Department-approved advanced training program specific to | ||
insulin administration developed in consultation with | ||
professional associations listed in subsection (a) of this | ||
Section, and (ii) the staff consults with the registered nurse, | ||
prior to administration, of any insulin dose that is determined | ||
based on a blood glucose test result. The authorized direct | ||
care staff shall not : (i) calculate the insulin dosage needed | ||
when the dose is dependent upon a blood glucose test result, or | ||
(ii) administer insulin to individuals who require blood | ||
glucose monitoring greater than 3 times daily, unless directed | ||
to do so by the registered nurse. | ||
"Nurse-trainer training program" means a standardized, | ||
competency-based
medication administration train-the-trainer | ||
program provided by the
Department of Human Services and | ||
conducted by a Department of Human
Services master | ||
nurse-trainer for the purpose of training nurse-trainers to
| ||
train persons employed or under contract to provide direct care | ||
or
treatment to individuals receiving services to administer
| ||
medications and provide self-administration of medication | ||
training to
individuals under the supervision and monitoring of | ||
the nurse-trainer. The
program incorporates adult learning | ||
styles, teaching strategies, classroom
management, and a | ||
curriculum overview, including the ethical and legal
aspects of | ||
supervising those administering medications.
| ||
"Self-administration of medications" means an individual |
administers
his or her own medications. To be considered | ||
capable to self-administer
their own medication, individuals | ||
must, at a minimum, be able to identify
their medication by | ||
size, shape, or color, know when they should take
the | ||
medication, and know the amount of medication to be taken each | ||
time.
| ||
"Training program" means a standardized medication | ||
administration
training program approved by the Department of | ||
Human Services and
conducted by a registered professional nurse | ||
for the purpose of training
persons employed or under contract | ||
to provide direct care or treatment to
individuals receiving | ||
services to administer medications
and provide | ||
self-administration of medication training to individuals | ||
under
the delegation and supervision of a nurse-trainer. The | ||
program incorporates
adult learning styles, teaching | ||
strategies, classroom management,
curriculum overview, | ||
including ethical-legal aspects, and standardized
| ||
competency-based evaluations on administration of medications | ||
and
self-administration of medication training programs.
| ||
(c) Training and authorization of non-licensed direct care | ||
staff by
nurse-trainers must meet the requirements of this | ||
subsection.
| ||
(1) Prior to training non-licensed direct care staff to | ||
administer
medication, the nurse-trainer shall perform the | ||
following for each
individual to whom medication will be | ||
administered by non-licensed
direct care staff:
|
(A) An assessment of the individual's health | ||
history and
physical and mental status.
| ||
(B) An evaluation of the medications prescribed.
| ||
(2) Non-licensed authorized direct care staff shall | ||
meet the
following criteria:
| ||
(A) Be 18 years of age or older.
| ||
(B) Have completed high school or have a high | ||
school equivalency certificate.
| ||
(C) Have demonstrated functional literacy.
| ||
(D) Have satisfactorily completed the Health and | ||
Safety
component of a Department of Human Services | ||
authorized
direct care staff training program.
| ||
(E) Have successfully completed the training | ||
program,
pass the written portion of the comprehensive | ||
exam, and score
100% on the competency-based | ||
assessment specific to the
individual and his or her | ||
medications.
| ||
(F) Have received additional competency-based | ||
assessment
by the nurse-trainer as deemed necessary by | ||
the nurse-trainer
whenever a change of medication | ||
occurs or a new individual
that requires medication | ||
administration enters the program.
| ||
(3) Authorized direct care staff shall be re-evaluated | ||
by a
nurse-trainer at least annually or more frequently at | ||
the discretion of
the registered professional nurse. Any | ||
necessary retraining shall be
to the extent that is |
necessary to ensure competency of the authorized
direct | ||
care staff to administer medication.
| ||
(4) Authorization of direct care staff to administer | ||
medication
shall be revoked if, in the opinion of the | ||
registered professional nurse,
the authorized direct care | ||
staff is no longer competent to administer
medication.
| ||
(5) The registered professional nurse shall assess an
| ||
individual's health status at least annually or more | ||
frequently at the
discretion of the registered | ||
professional nurse.
| ||
(d) Medication self-administration shall meet the | ||
following
requirements:
| ||
(1) As part of the normalization process, in order for | ||
each
individual to attain the highest possible level of | ||
independent
functioning, all individuals shall be | ||
permitted to participate in their
total health care | ||
program. This program shall include, but not be
limited to, | ||
individual training in preventive health and | ||
self-medication
procedures.
| ||
(A) Every program shall adopt written policies and
| ||
procedures for assisting individuals in obtaining | ||
preventative
health and self-medication skills in | ||
consultation with a
registered professional nurse, | ||
advanced practice nurse,
physician assistant, or | ||
physician licensed to practice medicine
in all its | ||
branches.
|
(B) Individuals shall be evaluated to determine | ||
their
ability to self-medicate by the nurse-trainer | ||
through the use of
the Department's required, | ||
standardized screening and assessment
instruments.
| ||
(C) When the results of the screening and | ||
assessment
indicate an individual not to be capable to | ||
self-administer his or her
own medications, programs | ||
shall be developed in consultation
with the Community | ||
Support Team or Interdisciplinary
Team to provide | ||
individuals with self-medication
administration.
| ||
(2) Each individual shall be presumed to be competent | ||
to self-administer
medications if:
| ||
(A) authorized by an order of a physician licensed | ||
to
practice medicine in all its branches; and
| ||
(B) approved to self-administer medication by the
| ||
individual's Community Support Team or
| ||
Interdisciplinary Team, which includes a registered
| ||
professional nurse or an advanced practice nurse.
| ||
(e) Quality Assurance.
| ||
(1) A registered professional nurse, advanced practice | ||
nurse,
licensed practical nurse, physician licensed to | ||
practice medicine in all
its branches, physician | ||
assistant, or pharmacist shall review the
following for all | ||
individuals:
| ||
(A) Medication orders.
| ||
(B) Medication labels, including medications |
listed on
the medication administration record for | ||
persons who are not
self-medicating to ensure the | ||
labels match the orders issued by
the physician | ||
licensed to practice medicine in all its branches,
| ||
advanced practice nurse, or physician assistant.
| ||
(C) Medication administration records for persons | ||
who
are not self-medicating to ensure that the records | ||
are completed
appropriately for:
| ||
(i) medication administered as prescribed;
| ||
(ii) refusal by the individual; and
| ||
(iii) full signatures provided for all | ||
initials used.
| ||
(2) Reviews shall occur at least quarterly, but may be | ||
done
more frequently at the discretion of the registered | ||
professional nurse
or advanced practice nurse.
| ||
(3) A quality assurance review of medication errors and | ||
data
collection for the purpose of monitoring and | ||
recommending
corrective action shall be conducted within 7 | ||
days and included in the
required annual review.
| ||
(f) Programs using authorized direct care
staff to | ||
administer medications are responsible for documenting and | ||
maintaining
records
on the training that is completed.
| ||
(g) The absence of this training program constitutes a | ||
threat to the
public interest,
safety, and welfare and | ||
necessitates emergency rulemaking by
the Departments of Human | ||
Services and
Public Health
under Section 5-45
of
the
Illinois |
Administrative Procedure Act.
| ||
(h) Direct care staff who fail to qualify for delegated | ||
authority to
administer medications pursuant to the provisions | ||
of this Section shall be
given
additional education and testing | ||
to meet criteria for
delegation authority to administer | ||
medications.
Any direct care staff person who fails to qualify | ||
as an authorized direct care
staff
after initial training and | ||
testing must within 3 months be given another
opportunity for | ||
retraining and retesting. A direct care staff person who fails
| ||
to
meet criteria for delegated authority to administer | ||
medication, including, but
not limited to, failure of the | ||
written test on 2 occasions shall be given
consideration for | ||
shift transfer or reassignment, if possible. No employee
shall | ||
be terminated for failure to qualify during the 3-month time | ||
period
following initial testing. Refusal to complete training | ||
and testing required
by this Section may be grounds for | ||
immediate dismissal.
| ||
(i) No authorized direct care staff person delegated to | ||
administer
medication shall be subject to suspension or | ||
discharge for errors
resulting from the staff
person's acts or | ||
omissions when performing the functions unless the staff
| ||
person's actions or omissions constitute willful and wanton | ||
conduct.
Nothing in this subsection is intended to supersede | ||
paragraph (4) of subsection
(c).
| ||
(j) A registered professional nurse, advanced practice | ||
nurse,
physician licensed to practice medicine in all its |
branches, or physician
assistant shall be on
duty or
on call at | ||
all times in any program covered by this Section.
| ||
(k) The employer shall be responsible for maintaining | ||
liability insurance
for any program covered by this Section.
| ||
(l) Any direct care staff person who qualifies as | ||
authorized direct care
staff pursuant to this Section shall be | ||
granted consideration for a one-time
additional
salary | ||
differential. The Department shall determine and provide the | ||
necessary
funding for
the differential in the base. This | ||
subsection (l) is inoperative on and after
June 30, 2000.
| ||
(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; | ||
revised 10-2-14.)
| ||
(20 ILCS 1705/18.6) | ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 18.6. Mental Health Services Strategic Planning Task | ||
Force. | ||
(a) Task Force. The Mental Health Services Strategic | ||
Planning Task Force is created. | ||
(b) Meeting. The Task Force shall be appointed and hold its | ||
first meeting within 90 days after the effective date of this | ||
amendatory Act of the 97th General Assembly. | ||
(c) Composition. The Task Force shall be comprised of the | ||
following members: | ||
(1) Two members of the Senate appointed by the | ||
President of the Senate and 2 members of the Senate |
appointed by the Minority Leader of the Senate. | ||
(2) Two members of the House of Representatives | ||
appointed by the Speaker of the House of Representatives | ||
and 2 members of the House of Representatives appointed by | ||
the Minority Leader of the House of Representatives. | ||
(3) One representative of the Division of Mental Health | ||
within the Department of Human Services. | ||
(4) One representative of the Department of Healthcare | ||
and Family Services. | ||
(5) One representative of the Bureau of Long Term Care | ||
within the Department of Public Health. | ||
(6) One representative of the Illinois Children's | ||
Mental Health Partnership. | ||
(7) Six representatives of the mental health providers | ||
and community stakeholders selected from names submitted | ||
by associates representing the various types of providers. | ||
(8) Three representatives of the consumer community | ||
including a primary consumer, secondary consumer, and a | ||
representative of a mental health consumer advocacy | ||
organization. | ||
(9) An individual from a union representing State | ||
employees providing services to persons with mental | ||
illness. | ||
(10) One academic specialist in mental health | ||
outcomes, research, and evidence-based practices. | ||
(d) Duty. The Task Force shall meet with the Office of the |
Governor and the appropriate legislative committees on mental | ||
health to develop a 5-year comprehensive strategic plan for the | ||
State's mental health services. The plan shall address the | ||
following topics: | ||
(1) Provide sufficient home and community-based | ||
services to give consumers real options in care settings. | ||
(2) Improve access to care. | ||
(3) Reduce regulatory redundancy. | ||
(4) Maintain financial viability for providers in a | ||
cost-effective manner to the State. | ||
(5) Ensure care is effective, efficient, and | ||
appropriate regardless of the setting in which it is | ||
provided. | ||
(6) Ensure quality of care in all care settings via the | ||
use of appropriate clinical outcomes. | ||
(7) Ensure hospitalizations and institutional care, | ||
when necessary, is available to meet demand now and in the | ||
future. | ||
(e) The Task Force shall work in conjunction with the | ||
Department of Human Services' Division of Developmental | ||
Disabilities to ensure effective treatment for those dually | ||
diagnosed with both mental illness and developmental | ||
disabilities. The Task Force shall also work in conjunction | ||
with the Department of Human Services' Division of Alcoholism | ||
Alcohol and Substance Abuse to ensure effective treatment for | ||
those who are dually diagnosed with both mental illness as well |
as substance abuse challenges. | ||
(f) Compensation. Members of the Task Force shall not | ||
receive compensation nor reimbursement for necessary expenses | ||
incurred in performing the duties associated with the Task | ||
Force. | ||
(g) Reporting. The Task Force shall present its plan to the | ||
Governor and the General Assembly no later than 18 months after | ||
the effective date of the amendatory Act of the 97th General | ||
Assembly. With its approval and authorization, and subject to | ||
appropriation, the Task Force shall convene quarterly meetings | ||
during the implementation of the 5-year strategic plan to | ||
monitor progress, review outcomes, and make ongoing | ||
recommendations. These ongoing recommendations shall be | ||
presented to the Governor and the General Assembly for | ||
feedback, suggestions, support, and approval. Within one year | ||
after recommendations are presented to the Governor and the | ||
General Assembly, the General Assembly shall vote on whether | ||
the recommendations should become law. | ||
(h) Administrative support. The Department of Human | ||
Services shall provide administrative and staff support to the | ||
Task Force. | ||
(i) This Section is repealed on December 31, 2019.
| ||
(Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.) | ||
Section 85. The Department of Public Health Act is amended | ||
by changing Section 2.1 as follows: |
(20 ILCS 2305/2.1) | ||
Sec. 2.1. Information sharing. | ||
(a) Whenever a State or local law enforcement authority | ||
learns of a case of an illness, health condition, or unusual | ||
disease or symptom cluster, reportable pursuant to rules | ||
adopted by the Department or by a local board of health or | ||
local public health authority, or a suspicious event that may | ||
be the cause of or related to a public health emergency, as | ||
that term is defined in Section 4 of the Illinois Emergency | ||
Management Agency Act, it shall immediately notify the Illinois | ||
Emergency Management Agency and the Department or local board | ||
of health or local public health authority. | ||
(b) Whenever the Department or a local board of health or | ||
local public health authority learns of a case of an illness, | ||
health condition, or unusual disease or symptom cluster, | ||
reportable pursuant to rules adopted by the Department or by a | ||
local board of health or a local public health authority, or a | ||
suspicious event that it reasonably believes has the potential | ||
to be the cause of or related to a public health emergency, as | ||
that term is defined in Section 4 of the Illinois Emergency | ||
Management Agency Act, it shall immediately notify the Illinois | ||
Emergency Management Agency, the appropriate State and local | ||
law enforcement authorities, other appropriate State agencies, | ||
and federal health and law enforcement authorities and, after | ||
that notification, it shall provide law enforcement |
authorities with such other information as law enforcement | ||
authorities may request for the purpose of conducting a | ||
criminal investigation or a criminal prosecution of or arising | ||
out of that matter. No information containing the identity or | ||
tending to reveal the identity of any person may be redisclosed | ||
by law enforcement, except in a prosecution of that person for | ||
the commission of a crime.
| ||
(c) Sharing of information on reportable illnesses, health | ||
conditions, unusual disease or symptom clusters, or suspicious | ||
events between and among public health and law enforcement | ||
authorities shall be restricted to the information necessary | ||
for the treatment in response to, control of, investigation of, | ||
and prevention of a public health emergency, as that term is | ||
defined in Section 4 of the Illinois Emergency Management | ||
Agency Act, or for criminal investigation or criminal | ||
prosecution of or arising out of that matter.
| ||
(d) The operation of the language of this Section is not | ||
dependent upon a declaration of disaster by the Governor | ||
pursuant to the Illinois Emergency Management Agency Act.
| ||
(Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.) | ||
Section 90. The Illinois Commission on Volunteerism and | ||
Community Service Act is amended by changing Section 6.1 as | ||
follows:
| ||
(20 ILCS 2330/6.1)
(was 20 ILCS 710/6.1)
|
Sec. 6.1. Functions of Commission. The Commission shall | ||
meet at least
quarterly and shall advise and consult with the | ||
Department of Public Health and the Governor's Office on all | ||
matters relating to community service in Illinois. In
addition, | ||
the Commission shall have the following duties:
| ||
(a) prepare a 3-year State
service plan, developed | ||
through an open,
public process and updated annually;
| ||
(b) prepare the financial assistance applications of | ||
the State under
the National and Community Service Trust | ||
Fund Act of 1993, as amended by the Serve America Act;
| ||
(c) assist in the preparation of the application by the | ||
State Board of
Education for assistance under that Act;
| ||
(d) prepare the State's application under that Act for | ||
the approval of
national service positions;
| ||
(e) assist in the provision of health care and child | ||
care benefits under
that Act;
| ||
(f) develop a State recruitment, placement, and | ||
information dissemination
system for participants in | ||
programs that receive assistance under the national
| ||
service laws;
| ||
(g) administer the State's grant program including | ||
selection, oversight, and
evaluation of grant recipients;
| ||
(h) make technical assistance available to enable | ||
applicants to plan and
implement service programs and to | ||
apply for assistance under the national
service laws;
| ||
(i) develop projects, training methods, curriculum |
materials, and other
activities related to service;
| ||
(j) coordinate its functions with any division of the | ||
federal
Corporation for National and Community Service | ||
outlined in the
National and Community Service Trust Fund | ||
Act of 1993, as amended by the Serve America Act ; .
| ||
(k) publicize Commission services and promote | ||
community
involvement in the
activities of the Commission;
| ||
(l) promote increased visibility and support for | ||
volunteers of all ages,
especially youth and senior | ||
citizens,
and community
service in meeting the needs of | ||
Illinois residents; and
| ||
(m) represent the Department of Public Health and the | ||
Governor's Office on such occasions and in such manner as
| ||
the Department may provide.
| ||
(Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)
| ||
Section 95. The Blind Vendors Act is amended by changing | ||
Section 30 as follows: | ||
(20 ILCS 2421/30)
| ||
Sec. 30. Vending machine income and compliance. | ||
(a) Except as provided in subsections (b), (c), (d), (e), | ||
and (i) of this Section, after July 1, 2010, all vending | ||
machine income, as defined by this Act, from vending machines | ||
on State property shall accrue to (1) the blind vendor | ||
operating the vending facilities on the property or (2) in the |
event there is no blind vendor operating a facility on the | ||
property, the Blind Vendors Trust Fund for use exclusively as | ||
set forth in subsection (a) of Section 25 of this Act. | ||
(b) Notwithstanding the provisions of subsection (a) of | ||
this Section, all State university cafeterias and vending | ||
machines are exempt from this Act. | ||
(c) Notwithstanding the provisions of subsection (a) of | ||
this Section, all vending facilities at the Governor Samuel H. | ||
Shapiro Developmental Center in Kankakee are exempt from this | ||
Act. | ||
(d) Notwithstanding the provisions of subsection (a) of | ||
this Section, in
the event there is no blind vendor operating a | ||
vending facility on the
State property, all vending machine | ||
income, as defined in this Act, from
vending machines on the | ||
State property of the Department of Corrections
and the | ||
Department of Juvenile Justice shall accrue to the State agency
| ||
and be allocated in accordance with the commissary provisions | ||
in the Unified Code of Corrections. | ||
(e) Notwithstanding the provisions of subsection (a) of | ||
this Section, in the event a blind vendor is operating a | ||
vending facility on
the State property of the Department of or | ||
Corrections or the Department of
Juvenile Justice, a commission | ||
shall be paid to the State agency equal to
10% of the net | ||
proceeds from vending machines servicing State employees
and | ||
25% of the net proceeds from vending machines servicing | ||
visitors on
the State property. |
(f) The Secretary, directly or by delegation of authority, | ||
shall ensure compliance with this Section and Section 15 of | ||
this Act with respect to buildings, installations, facilities, | ||
roadside rest stops, and any other State property, and shall be | ||
responsible for the collection of, and accounting for, all | ||
vending machine income on this property. The Secretary shall | ||
enforce these provisions through litigation, arbitration, or | ||
any other legal means available to the State, and each State | ||
agency in control of this property shall be subject to the | ||
enforcement. State agencies or departments failing to comply | ||
with an order of the Department may be held in contempt in any | ||
court of general jurisdiction. | ||
(g) Any limitation on the placement or operation of a | ||
vending machine by a State agency based on a determination that | ||
such placement or operation would adversely affect the | ||
interests of the State must be explained in writing to the | ||
Secretary. The Secretary shall promptly determine whether the | ||
limitation is justified. If the Secretary determines that the | ||
limitation is not justified, the State agency seeking the | ||
limitation shall immediately remove the limitation. | ||
(h) The amount of vending machine income accruing from | ||
vending machines on State property that may be used for the | ||
functions of the Committee shall be determined annually by a | ||
two-thirds vote of the Committee, except that no more than 25% | ||
of the annual vending machine income may be used by the | ||
Committee for this purpose, based upon the income accruing to |
the Blind Vendors Trust Fund in the preceding year. The | ||
Committee may establish its budget and expend funds through | ||
contract or otherwise without the approval of the Department. | ||
(i) Notwithstanding the provisions of subsection (a) of | ||
this Section, with respect to vending machines located on any | ||
facility or property controlled or operated by the Division of | ||
Mental Health or the Division of Developmental Disabilities | ||
within the Department of Human Services: | ||
(1) Any written contract in place as of the effective | ||
date of this Act between the Division and the Business | ||
Enterprise Program for the Blind shall be maintained and | ||
fully adhered to including any moneys paid to the | ||
individual facilities. | ||
(2) With respect to existing vending machines with no | ||
written contract or agreement in place as of the effective | ||
date of this Act between the Division and a private vendor, | ||
bottler, or vending machine supplier, the Business | ||
Enterprise Program for the Blind has the right to provide | ||
the vending services as provided in this Act, provided that | ||
the blind vendor must provide 10% of gross sales from those | ||
machines to the individual facilities.
| ||
(Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.) | ||
Section 100. The Criminal Identification Act is amended by | ||
changing Sections 4.5 and 5.2 as follows: |
(20 ILCS 2630/4.5) | ||
Sec. 4.5. Ethnic and racial data collection. | ||
(a) Ethnic and racial data for every adult or juvenile | ||
arrested shall be collected at the following points of contact | ||
by the entity identified in this subsection or another entity | ||
authorized and qualified to collect and report on this data: | ||
(1) at arrest or booking, by the supervising law | ||
enforcement agency; | ||
(2) upon admittance to the Department of Corrections, | ||
by the Department of Corrections; | ||
(3) upon admittance to the Department of Juvenile | ||
Justice, by the Department of Juvenile Justice; and | ||
(4) (3) upon transfer from the Department of Juvenile | ||
Justice to the Department of Corrections, by the Department | ||
of Juvenile Justice. | ||
(b) Ethnic and racial data shall be collected through | ||
selection of one of the following categories: | ||
(1) American Indian or Alaskan Native; | ||
(2) Asian or Pacific Islander; | ||
(3) Black or African American; | ||
(4) White or Caucasian; | ||
(5) Hispanic or Latino; or | ||
(6) Unknown. | ||
(c) The collecting entity shall make a good-faith effort to | ||
collect race and ethnicity information as self-reported by the | ||
adult or juvenile. If the adult or juvenile is unable or |
unwilling to provide race and ethnicity information, the | ||
collecting entity shall make a good-faith effort to deduce the | ||
race and ethnicity of the adult or juvenile.
| ||
(Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)
| ||
(20 ILCS 2630/5.2)
| ||
Sec. 5.2. Expungement and sealing. | ||
(a) General Provisions. | ||
(1) Definitions. In this Act, words and phrases have
| ||
the meanings set forth in this subsection, except when a
| ||
particular context clearly requires a different meaning. | ||
(A) The following terms shall have the meanings | ||
ascribed to them in the Unified Code of Corrections, | ||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||
(i) Business Offense (730 ILCS 5/5-1-2), | ||
(ii) Charge (730 ILCS 5/5-1-3), | ||
(iii) Court (730 ILCS 5/5-1-6), | ||
(iv) Defendant (730 ILCS 5/5-1-7), | ||
(v) Felony (730 ILCS 5/5-1-9), | ||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||
(vii) Judgment (730 ILCS 5/5-1-12), | ||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||
(ix) Offense (730 ILCS 5/5-1-15), | ||
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct | ||
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered by | ||
a legally constituted jury or by a court of competent | ||
jurisdiction authorized to try the case without a jury. | ||
An order of supervision successfully completed by the | ||
petitioner is not a conviction. An order of qualified | ||
probation (as defined in subsection (a)(1)(J)) | ||
successfully completed by the petitioner is not a | ||
conviction. An order of supervision or an order of | ||
qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. | ||
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act | ||
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner | ||
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and | ||
are last in time, they shall be collectively considered | ||
the "last sentence" regardless of whether they were | ||
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner was | ||
charged or for which the petitioner was arrested and | ||
released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief under | ||
this Section. | ||
(J) "Qualified probation" means an order of | ||
probation under Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||
of the Unified Code of Corrections, Section | ||
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||
those provisions existed before their deletion by | ||
Public Act 89-313), Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the Alcoholism and Other Drug Abuse and | ||
Dependency Act, or Section 10 of the Steroid Control | ||
Act. For the purpose of this Section, "successful | ||
completion" of an order of qualified probation under |
Section 10-102 of the Illinois Alcoholism and Other | ||
Drug Dependency Act and Section 40-10 of the Alcoholism | ||
and Other Drug Abuse and Dependency Act means that the | ||
probation was terminated satisfactorily and the | ||
judgment of conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would | ||
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit court | ||
clerk under Section 16 of the Clerks of Courts Act, but | ||
any index issued by the circuit court clerk before the | ||
entry of the order to seal shall not be affected. | ||
(L) "Sexual offense committed against a minor" | ||
includes but is
not limited to the offenses of indecent | ||
solicitation of a child
or criminal sexual abuse when | ||
the victim of such offense is
under 18 years of age. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this | ||
Section. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||
of this Section, the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) | ||
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the | ||
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the offender | ||
has no other conviction for violating Section 11-501 or | ||
11-503 of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), | ||
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an |
order of supervision or a conviction for the following | ||
offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, except | ||
Section 11-14 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(iii) Sections 12-3.1 or 12-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 125 of the Stalking No Contact Order | ||
Act, or Section 219 of the Civil No Contact Order | ||
Act, or a similar provision of a local ordinance; | ||
(iv) offenses which are Class A misdemeanors | ||
under the Humane Care for Animals Act; or | ||
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. | ||
(D) the sealing of the records of an arrest which | ||
results in
the petitioner being charged with a felony | ||
offense or records of a charge not initiated by arrest | ||
for a felony offense unless: |
(i) the charge is amended to a misdemeanor and | ||
is otherwise
eligible to be sealed pursuant to | ||
subsection (c); | ||
(ii) the charge is brought along with another | ||
charge as a part of one case and the charge results | ||
in acquittal, dismissal, or conviction when the | ||
conviction was reversed or vacated, and another | ||
charge brought in the same case results in a | ||
disposition for a misdemeanor offense that is | ||
eligible to be sealed pursuant to subsection (c) or | ||
a disposition listed in paragraph (i), (iii), or | ||
(iv) of this subsection; | ||
(iii) the charge results in first offender | ||
probation as set forth in subsection (c)(2)(E); | ||
(iv) the charge is for a felony offense listed | ||
in subsection (c)(2)(F) or the charge is amended to | ||
a felony offense listed in subsection (c)(2)(F); | ||
(v) the charge results in acquittal, | ||
dismissal, or the petitioner's release without | ||
conviction; or | ||
(vi) the charge results in a conviction, but | ||
the conviction was reversed or vacated. | ||
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not | ||
initiated by arrest when: |
(A) He or she has never been convicted of a | ||
criminal offense; and | ||
(B) Each arrest or charge not initiated by arrest
| ||
sought to be expunged resulted in:
(i) acquittal, | ||
dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
| ||
(ii) a conviction which was vacated or reversed, unless | ||
excluded by subsection (a)(3)(B);
(iii) an order of | ||
supervision and such supervision was successfully | ||
completed by the petitioner, unless excluded by | ||
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||
qualified probation (as defined in subsection | ||
(a)(1)(J)) and such probation was successfully | ||
completed by the petitioner. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of | ||
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of | ||
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in |
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of | ||
the supervision. | ||
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision of | ||
a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. | ||
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have | ||
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by |
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
| ||
expungement until 5 years have passed following the | ||
satisfactory
termination of the probation. | ||
(3) Those records maintained by the Department for
| ||
persons arrested prior to their 17th birthday shall be
| ||
expunged as provided in Section 5-915 of the Juvenile Court
| ||
Act of 1987. | ||
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she has stolen or otherwise
come into | ||
possession of, the aggrieved person from whom the identity
| ||
was stolen or otherwise obtained without authorization,
| ||
upon learning of the person having been arrested using his
| ||
or her identity, may, upon verified petition to the chief | ||
judge of
the circuit wherein the arrest was made, have a | ||
court order
entered nunc pro tunc by the Chief Judge to | ||
correct the
arrest record, conviction record, if any, and | ||
all official
records of the arresting authority, the | ||
Department, other
criminal justice agencies, the | ||
prosecutor, and the trial
court concerning such arrest, if | ||
any, by removing his or her name
from all such records in | ||
connection with the arrest and
conviction, if any, and by | ||
inserting in the records the
name of the offender, if known | ||
or ascertainable, in lieu of
the aggrieved's name. The |
records of the circuit court clerk shall be sealed until | ||
further order of
the court upon good cause shown and the | ||
name of the
aggrieved person obliterated on the official | ||
index
required to be kept by the circuit court clerk under
| ||
Section 16 of the Clerks of Courts Act, but the order shall
| ||
not affect any index issued by the circuit court clerk
| ||
before the entry of the order. Nothing in this Section
| ||
shall limit the Department of State Police or other
| ||
criminal justice agencies or prosecutors from listing
| ||
under an offender's name the false names he or she has
| ||
used. | ||
(5) Whenever a person has been convicted of criminal
| ||
sexual assault, aggravated criminal sexual assault,
| ||
predatory criminal sexual assault of a child, criminal
| ||
sexual abuse, or aggravated criminal sexual abuse, the
| ||
victim of that offense may request that the State's
| ||
Attorney of the county in which the conviction occurred
| ||
file a verified petition with the presiding trial judge at
| ||
the petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk in connection
| ||
with the proceedings of the trial court concerning that
| ||
offense. However, the records of the arresting authority
| ||
and the Department of State Police concerning the offense
| ||
shall not be sealed. The court, upon good cause shown,
| ||
shall make the records of the circuit court clerk in
| ||
connection with the proceedings of the trial court
|
concerning the offense available for public inspection. | ||
(6) If a conviction has been set aside on direct review
| ||
or on collateral attack and the court determines by clear
| ||
and convincing evidence that the petitioner was factually
| ||
innocent of the charge, the court that finds the petitioner | ||
factually innocent of the charge shall enter an
expungement | ||
order for the conviction for which the petitioner has been | ||
determined to be innocent as provided in subsection (b) of | ||
Section
5-5-4 of the Unified Code of Corrections. | ||
(7) Nothing in this Section shall prevent the | ||
Department of
State Police from maintaining all records of | ||
any person who
is admitted to probation upon terms and | ||
conditions and who
fulfills those terms and conditions | ||
pursuant to Section 10
of the Cannabis Control Act, Section | ||
410 of the Illinois
Controlled Substances Act, Section 70 | ||
of the
Methamphetamine Control and Community Protection | ||
Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||
Corrections, Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, Section 10-102
of the Illinois | ||
Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||
the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||
Section 10 of the Steroid Control Act. | ||
(8) If the petitioner has been granted a certificate of | ||
innocence under Section 2-702 of the Code of Civil | ||
Procedure, the court that grants the certificate of |
innocence shall also enter an order expunging the | ||
conviction for which the petitioner has been determined to | ||
be innocent as provided in subsection (h) of Section 2-702 | ||
of the Code of Civil Procedure. | ||
(c) Sealing. | ||
(1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary, and cumulative with any rights | ||
to expungement of criminal records, this subsection | ||
authorizes the sealing of criminal records of adults and of | ||
minors prosecuted as adults. | ||
(2) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); | ||
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision, including orders | ||
of supervision for municipal ordinance violations, | ||
successfully completed by the petitioner, unless | ||
excluded by subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions, including convictions on | ||
municipal ordinance violations, unless excluded by |
subsection (a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender probation under | ||
Section 10 of the Cannabis Control Act, Section 410 of | ||
the Illinois Controlled Substances Act, Section 70 of | ||
the Methamphetamine Control and Community Protection | ||
Act, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in felony convictions for the following | ||
offenses: | ||
(i) Class 4 felony convictions for: | ||
Prostitution under Section 11-14 of the | ||
Criminal Code of 1961 or the Criminal Code of | ||
2012. | ||
Possession of cannabis under Section 4 of | ||
the Cannabis Control Act. | ||
Possession of a controlled substance under | ||
Section 402 of the Illinois Controlled | ||
Substances Act. | ||
Offenses under the Methamphetamine | ||
Precursor Control Act. | ||
Offenses under the Steroid Control Act. | ||
Theft under Section 16-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Retail theft under Section 16A-3 or |
paragraph (a) of 16-25 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
Deceptive practices under Section 17-1 of | ||
the Criminal Code of 1961 or the Criminal Code | ||
of 2012. | ||
Forgery under Section 17-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Possession of burglary tools under Section | ||
19-2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012. | ||
(ii) Class 3 felony convictions for: | ||
Theft under Section 16-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Retail theft under Section 16A-3 or | ||
paragraph (a) of 16-25 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
Deceptive practices under Section 17-1 of | ||
the Criminal Code of 1961 or the Criminal Code | ||
of 2012. | ||
Forgery under Section 17-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012. | ||
Possession with intent to manufacture or | ||
deliver a controlled substance under Section | ||
401 of the Illinois Controlled Substances Act. | ||
(3) When Records Are Eligible to Be Sealed. Records | ||
identified as eligible under subsection (c)(2) may be |
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||
time. | ||
(B) Records identified as eligible under | ||
subsection (c)(2)(C) may be sealed
(i) 3 years after | ||
the termination of petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
never been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)); or
(ii) 4 years after the | ||
termination of the petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
ever been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)). | ||
(C) Records identified as eligible under | ||
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||
sealed 4 years after the termination of the | ||
petitioner's last sentence (as defined in subsection | ||
(a)(1)(F)). | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted | ||
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent felony | ||
offense, order the unsealing of prior felony conviction | ||
records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection | ||
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for the | ||
sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b), (e), and (e-6) and sealing | ||
under subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition | ||
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
charges were brought in multiple jurisdictions, a petition | ||
must be filed in each such jurisdiction. The petitioner | ||
shall pay the applicable fee, if not waived. | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the | ||
case number, the date of
arrest (if any), the identity of |
the arresting authority, and such
other information as the | ||
court may require. During the pendency
of the proceeding, | ||
the petitioner shall promptly notify the
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph (10) | ||
of subsection (a) of Section 3-3-2 of the Unified Code of | ||
Corrections, the certificate shall be attached to the | ||
petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken | ||
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she | ||
is petitioning to: | ||
(A) seal felony records under clause (c)(2)(E); | ||
(B) seal felony records for a violation of the | ||
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act under clause (c)(2)(F); | ||
(C) seal felony records under subsection (e-5); or | ||
(D) expunge felony records of a qualified | ||
probation under clause (b)(1)(B)(iv). | ||
(4) Service of petition. The circuit court clerk shall |
promptly
serve a copy of the petition and documentation to | ||
support the petition under subsection (e-5) or (e-6) on the | ||
State's Attorney or
prosecutor charged with the duty of | ||
prosecuting the
offense, the Department of State Police, | ||
the arresting
agency and the chief legal officer of the | ||
unit of local
government effecting the arrest. | ||
(5) Objections. | ||
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the basis | ||
of the objection. Whenever a person who has been | ||
convicted of an offense is granted
a pardon by the | ||
Governor which specifically authorizes expungement, an | ||
objection to the petition may not be filed. | ||
(B) Objections to a petition to expunge or seal | ||
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) The Chief Judge of the circuit wherein the | ||
charge was brought, any judge of that circuit | ||
designated by the Chief Judge, or in counties of less | ||
than 3,000,000 inhabitants, the presiding trial judge | ||
at the petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). |
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or | ||
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(7) Hearings. If an objection is filed, the court shall | ||
set a date for a hearing and notify the petitioner and all | ||
parties entitled to notice of the petition of the hearing | ||
date at least 30 days prior to the hearing. Prior to the | ||
hearing, the State's Attorney shall consult with the | ||
Department as to the appropriateness of the relief sought | ||
in the petition to expunge or seal. At the hearing, the | ||
court shall hear evidence on whether the petition should or | ||
should not be granted, and shall grant or deny the petition | ||
to expunge or seal the records based on the evidence | ||
presented at the hearing. The court may consider the | ||
following: | ||
(A) the strength of the evidence supporting the | ||
defendant's conviction; | ||
(B) the reasons for retention of the conviction | ||
records by the State; | ||
(C) the petitioner's age, criminal record history, | ||
and employment history; | ||
(D) the period of time between the petitioner's | ||
arrest on the charge resulting in the conviction and |
the filing of the petition under this Section; and | ||
(E) the specific adverse consequences the | ||
petitioner may be subject to if the petition is denied. | ||
(8) Service of order. After entering an order to | ||
expunge or
seal records, the court must provide copies of | ||
the order to the
Department, in a form and manner | ||
prescribed by the Department,
to the petitioner, to the | ||
State's Attorney or prosecutor
charged with the duty of | ||
prosecuting the offense, to the
arresting agency, to the | ||
chief legal officer of the unit of
local government | ||
effecting the arrest, and to such other
criminal justice | ||
agencies as may be ordered by the court. | ||
(9) Implementation of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of | ||
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index |
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency | ||
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
pursuant to paragraph (12) of subsection (d) of | ||
this Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B-5) Upon entry of an order to expunge records | ||
under subsection (e-6): | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, |
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed under paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner obliterated on the official index | ||
required to be kept by the circuit court clerk | ||
under Section 16 of the Clerks of Courts Act, but | ||
the order shall not affect any index issued by the | ||
circuit court clerk before the entry of the order; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
under paragraph (12) of subsection (d) of this | ||
Section; | ||
(iv) records impounded by the Department may | ||
be disseminated by the Department only as required | ||
by law or to the arresting authority, the State's | ||
Attorney, and the court upon a later arrest for the | ||
same or a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and |
(v) in response to an inquiry for these records | ||
from anyone not authorized by law to access the | ||
records, the court, the Department, or the agency | ||
receiving the inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under | ||
subsection
(c), the arresting agency, any other agency | ||
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records, the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(D) The Department shall send written notice to the | ||
petitioner of its compliance with each order to expunge | ||
or seal records within 60 days of the date of service | ||
of that order or, if a motion to vacate, modify, or | ||
reconsider is filed, within 60 days of service of the | ||
order resolving the motion, if that order requires the | ||
Department to expunge or seal records. In the event of | ||
an appeal from the circuit court order, the Department | ||
shall send written notice to the petitioner of its | ||
compliance with an Appellate Court or Supreme Court | ||
judgment to expunge or seal records within 60 days of |
the issuance of the court's mandate. The notice is not | ||
required while any motion to vacate, modify, or | ||
reconsider, or any appeal or petition for | ||
discretionary appellate review, is pending. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of | ||
the Clerks of Courts Act to the contrary, the circuit court | ||
clerk may charge a fee equivalent to the cost associated | ||
with the sealing or expungement of records by the circuit | ||
court clerk. From the total filing fee collected for the | ||
petition to seal or expunge, the circuit court clerk shall | ||
deposit $10 into the Circuit Court Clerk Operation and | ||
Administrative Fund, to be used to offset the costs | ||
incurred by the circuit court clerk in performing the | ||
additional duties required to serve the petition to seal or | ||
expunge on all parties. The circuit court clerk shall | ||
collect and forward the Department of State Police portion | ||
of the fee to the Department and it shall be deposited in | ||
the State Police Services Fund. | ||
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after | ||
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. Under |
Section 2-1203 of the Code of Civil Procedure, the | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. If filed more than 60 days after | ||
service of the order, a petition to vacate, modify, or | ||
reconsider shall comply with subsection (c) of Section | ||
2-1401 of the Code of Civil Procedure. Upon filing of a | ||
motion to vacate, modify, or reconsider, notice of the | ||
motion shall be served upon the petitioner and all parties | ||
entitled to notice of the petition. | ||
(13) Effect of Order. An order granting a petition | ||
under the expungement or sealing provisions of this Section | ||
shall not be considered void because it fails to comply | ||
with the provisions of this Section or because of any error | ||
asserted in a motion to vacate, modify, or reconsider. The | ||
circuit court retains jurisdiction to determine whether | ||
the order is voidable and to vacate, modify, or reconsider | ||
its terms based on a motion filed under paragraph (12) of | ||
this subsection (d). | ||
(14) Compliance with Order Granting Petition to Seal | ||
Records. Unless a court has entered a stay of an order | ||
granting a petition to seal, all parties entitled to notice | ||
of the petition must fully comply with the terms of the | ||
order within 60 days of service of the order even if a | ||
party is seeking relief from the order through a motion |
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order. | ||
(15) Compliance with Order Granting Petition to | ||
Expunge Records. While a party is seeking relief from the | ||
order granting the petition to expunge through a motion | ||
filed under paragraph (12) of this subsection (d) or is | ||
appealing the order, and unless a court has entered a stay | ||
of that order, the parties entitled to notice of the | ||
petition must seal, but need not expunge, the records until | ||
there is a final order on the motion for relief or, in the | ||
case of an appeal, the issuance of that court's mandate. | ||
(16) The changes to this subsection (d) made by Public | ||
Act 98-163 apply to all petitions pending on August 5, 2013 | ||
(the effective date of Public Act 98-163) and to all orders | ||
ruling on a petition to expunge or seal on or after August | ||
5, 2013 (the effective date of Public Act 98-163). | ||
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she may,
upon verified petition | ||
to the Chief Judge of the circuit where the person had
been | ||
convicted, any judge of the circuit designated by the Chief | ||
Judge, or in
counties of less than 3,000,000 inhabitants, the | ||
presiding trial judge at the
defendant's trial, have a court | ||
order entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the circuit court clerk and the Department be sealed until
|
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he or she had been pardoned but the order | ||
shall not affect any index issued by
the circuit court clerk | ||
before the entry of the order. All records sealed by
the | ||
Department may be disseminated by the Department only to the | ||
arresting authority, the State's Attorney, and the court upon a | ||
later
arrest for the same or similar offense or for the purpose | ||
of sentencing for any
subsequent felony. Upon conviction for | ||
any subsequent offense, the Department
of Corrections shall | ||
have access to all sealed records of the Department
pertaining | ||
to that individual. Upon entry of the order of expungement, the
| ||
circuit court clerk shall promptly mail a copy of the order to | ||
the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by | ||
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any | ||
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records |
of the arresting authority and order that the records of the | ||
circuit court clerk and the Department be sealed until further | ||
order of the court upon good cause shown or as otherwise | ||
provided herein, and the name of the petitioner obliterated | ||
from the official index requested to be kept by the circuit | ||
court clerk under Section 16 of the Clerks of Courts Act in | ||
connection with the arrest and conviction for the offense for | ||
which he or she had been granted the certificate but the order | ||
shall not affect any index issued by the circuit court clerk | ||
before the entry of the order. All records sealed by the | ||
Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all sealed records of the Department pertaining | ||
to that individual. Upon entry of the order of sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to | ||
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(e-6) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for expungement | ||
by the Prisoner Review Board which specifically authorizes | ||
expungement, he or she may, upon verified petition to the Chief | ||
Judge of the circuit where the person had been convicted, any |
judge of the circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the petitioner's trial, have a court order | ||
entered expunging the record of arrest from the official | ||
records of the arresting authority and order that the records | ||
of the circuit court clerk and the Department be sealed until | ||
further order of the court upon good cause shown or as | ||
otherwise provided herein, and the name of the petitioner | ||
obliterated from the official index requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for which he or she had been granted the certificate | ||
but the order shall not affect any index issued by the circuit | ||
court clerk before the entry of the order. All records sealed | ||
by the Department may be disseminated by the Department only as | ||
required by this Act or to the arresting authority, a law | ||
enforcement agency, the State's Attorney, and the court upon a | ||
later arrest for the same or similar offense or for the purpose | ||
of sentencing for any subsequent felony. Upon conviction for | ||
any subsequent offense, the Department of Corrections shall | ||
have access to all expunged records of the Department | ||
pertaining to that individual. Upon entry of the order of | ||
expungement, the circuit court clerk shall promptly mail a copy | ||
of the order to the person who was granted the certificate of | ||
eligibility for expungement. | ||
(f) Subject to available funding, the Illinois Department
|
of Corrections shall conduct a study of the impact of sealing,
| ||
especially on employment and recidivism rates, utilizing a
| ||
random sample of those who apply for the sealing of their
| ||
criminal records under Public Act 93-211. At the request of the
| ||
Illinois Department of Corrections, records of the Illinois
| ||
Department of Employment Security shall be utilized as
| ||
appropriate to assist in the study. The study shall not
| ||
disclose any data in a manner that would allow the
| ||
identification of any particular individual or employing unit.
| ||
The study shall be made available to the General Assembly no
| ||
later than September 1, 2010.
| ||
(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | ||
97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||
1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, | ||
eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||
98-1009, eff. 1-1-15; revised 9-30-14.)
| ||
Section 105. The Illinois Health Facilities Planning Act is | ||
amended by changing Sections 3 and 12 as follows:
| ||
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 3. Definitions. As used in this Act:
| ||
"Health care facilities" means and includes
the following |
facilities, organizations, and related persons:
| ||
(1) An ambulatory surgical treatment center required | ||
to be licensed
pursuant to the Ambulatory Surgical | ||
Treatment Center Act.
| ||
(2) An institution, place, building, or agency | ||
required to be licensed
pursuant to the Hospital Licensing | ||
Act.
| ||
(3) Skilled and intermediate long term care facilities | ||
licensed under the
Nursing
Home Care Act. | ||
(A) If a demonstration project under the Nursing | ||
Home Care Act applies for a certificate of need to | ||
convert to a nursing facility, it shall meet the | ||
licensure and certificate of need requirements in | ||
effect as of the date of application. | ||
(B) Except as provided in item (A) of this | ||
subsection, this Act does not apply to facilities | ||
granted waivers under Section 3-102.2 of the Nursing | ||
Home Care Act.
| ||
(3.5) Skilled and intermediate care facilities | ||
licensed under the ID/DD Community Care Act. (A) No permit | ||
or exemption is required for a facility licensed under the | ||
ID/DD Community Care Act prior to the reduction of the | ||
number of beds at a facility. If there is a total reduction | ||
of beds at a facility licensed under the ID/DD Community | ||
Care Act, this is a discontinuation or closure of the | ||
facility. If a facility licensed under the ID/DD Community |
Care Act reduces the number of beds or discontinues the | ||
facility, that facility must notify the Board as provided | ||
in Section 14.1 of this Act. | ||
(3.7) Facilities licensed under the Specialized Mental | ||
Health Rehabilitation Act of 2013. | ||
(4) Hospitals, nursing homes, ambulatory surgical | ||
treatment centers, or
kidney disease treatment centers
| ||
maintained by the State or any department or agency | ||
thereof.
| ||
(5) Kidney disease treatment centers, including a | ||
free-standing
hemodialysis unit required to be licensed | ||
under the End Stage Renal Disease Facility Act.
| ||
(A) This Act does not apply to a dialysis facility | ||
that provides only dialysis training, support, and | ||
related services to individuals with end stage renal | ||
disease who have elected to receive home dialysis. | ||
(B) This Act does not apply to a dialysis unit | ||
located in a licensed nursing home that offers or | ||
provides dialysis-related services to residents with | ||
end stage renal disease who have elected to receive | ||
home dialysis within the nursing home. | ||
(C) The Board, however, may require dialysis | ||
facilities and licensed nursing homes under items (A) | ||
and (B) of this subsection to report statistical | ||
information on a quarterly basis to the Board to be | ||
used by the Board to conduct analyses on the need for |
proposed kidney disease treatment centers. | ||
(6) An institution, place, building, or room used for | ||
the performance of
outpatient surgical procedures that is | ||
leased, owned, or operated by or on
behalf of an | ||
out-of-state facility.
| ||
(7) An institution, place, building, or room used for | ||
provision of a health care category of service, including, | ||
but not limited to, cardiac catheterization and open heart | ||
surgery. | ||
(8) An institution, place, building, or room housing | ||
major medical equipment used in the direct clinical | ||
diagnosis or treatment of patients, and whose project cost | ||
is in excess of the capital expenditure minimum. | ||
"Health care facilities" does not include the following | ||
entities or facility transactions: | ||
(1) Federally-owned facilities. | ||
(2) Facilities used solely for healing by prayer or | ||
spiritual means. | ||
(3) An existing facility located on any campus facility | ||
as defined in Section 5-5.8b of the Illinois Public Aid | ||
Code, provided that the campus facility encompasses 30 or | ||
more contiguous acres and that the new or renovated | ||
facility is intended for use by a licensed residential | ||
facility. | ||
(4) Facilities licensed under the Supportive | ||
Residences Licensing Act or the Assisted Living and Shared |
Housing Act. | ||
(5) Facilities designated as supportive living | ||
facilities that are in good standing with the program | ||
established under Section 5-5.01a of the Illinois Public | ||
Aid Code. | ||
(6) Facilities established and operating under the | ||
Alternative Health Care Delivery Act as a children's | ||
community-based health care center children's respite care | ||
center alternative health care model demonstration program | ||
or as an Alzheimer's Disease Management Center alternative | ||
health care model demonstration program. | ||
(7) The closure of an entity or a portion of an entity | ||
licensed under the Nursing Home Care Act, the Specialized | ||
Mental Health Rehabilitation Act of 2013 , or the ID/DD | ||
Community Care Act, with the exception of facilities | ||
operated by a county or Illinois Veterans Homes, that elect | ||
to convert, in whole or in part, to an assisted living or | ||
shared housing establishment licensed under the Assisted | ||
Living and Shared Housing Act and with the exception of a | ||
facility licensed under the Specialized Mental Health | ||
Rehabilitation Act of 2013 in connection with a proposal to | ||
close a facility and re-establish the facility in another | ||
location . | ||
(8) Any change of ownership of a health care healthcare | ||
facility that is licensed under the Nursing Home Care Act, | ||
the Specialized Mental Health Rehabilitation Act of 2013 , |
or the ID/DD Community Care Act, with the exception of | ||
facilities operated by a county or Illinois Veterans Homes. | ||
Changes of ownership of facilities licensed under the | ||
Nursing Home Care Act must meet the requirements set forth | ||
in Sections 3-101 through 3-119 of the Nursing Home Care | ||
Act. children's community-based health care center of 2013 | ||
and with the exception of a facility licensed under the | ||
Specialized Mental Health Rehabilitation Act of 2013 in | ||
connection with a proposal to close a facility and | ||
re-establish the facility in another location of 2013
| ||
With the exception of those health care facilities | ||
specifically
included in this Section, nothing in this Act | ||
shall be intended to
include facilities operated as a part of | ||
the practice of a physician or
other licensed health care | ||
professional, whether practicing in his
individual capacity or | ||
within the legal structure of any partnership,
medical or | ||
professional corporation, or unincorporated medical or
| ||
professional group. Further, this Act shall not apply to | ||
physicians or
other licensed health care professional's | ||
practices where such practices
are carried out in a portion of | ||
a health care facility under contract
with such health care | ||
facility by a physician or by other licensed
health care | ||
professionals, whether practicing in his individual capacity
| ||
or within the legal structure of any partnership, medical or
| ||
professional corporation, or unincorporated medical or | ||
professional
groups, unless the entity constructs, modifies, |
or establishes a health care facility as specifically defined | ||
in this Section. This Act shall apply to construction or
| ||
modification and to establishment by such health care facility | ||
of such
contracted portion which is subject to facility | ||
licensing requirements,
irrespective of the party responsible | ||
for such action or attendant
financial obligation.
| ||
"Person" means any one or more natural persons, legal | ||
entities,
governmental bodies other than federal, or any | ||
combination thereof.
| ||
"Consumer" means any person other than a person (a) whose | ||
major
occupation currently involves or whose official capacity | ||
within the last
12 months has involved the providing, | ||
administering or financing of any
type of health care facility, | ||
(b) who is engaged in health research or
the teaching of | ||
health, (c) who has a material financial interest in any
| ||
activity which involves the providing, administering or | ||
financing of any
type of health care facility, or (d) who is or | ||
ever has been a member of
the immediate family of the person | ||
defined by (a), (b), or (c).
| ||
"State Board" or "Board" means the Health Facilities and | ||
Services Review Board.
| ||
"Construction or modification" means the establishment, | ||
erection,
building, alteration, reconstruction, modernization, | ||
improvement,
extension, discontinuation, change of ownership, | ||
of or by a health care
facility, or the purchase or acquisition | ||
by or through a health care facility
of
equipment or service |
for diagnostic or therapeutic purposes or for
facility | ||
administration or operation, or any capital expenditure made by
| ||
or on behalf of a health care facility which
exceeds the | ||
capital expenditure minimum; however, any capital expenditure
| ||
made by or on behalf of a health care facility for (i) the | ||
construction or
modification of a facility licensed under the | ||
Assisted Living and Shared
Housing Act or (ii) a conversion | ||
project undertaken in accordance with Section 30 of the Older | ||
Adult Services Act shall be excluded from any obligations under | ||
this Act.
| ||
"Establish" means the construction of a health care | ||
facility or the
replacement of an existing facility on another | ||
site or the initiation of a category of service.
| ||
"Major medical equipment" means medical equipment which is | ||
used for the
provision of medical and other health services and | ||
which costs in excess
of the capital expenditure minimum, | ||
except that such term does not include
medical equipment | ||
acquired
by or on behalf of a clinical laboratory to provide | ||
clinical laboratory
services if the clinical laboratory is | ||
independent of a physician's office
and a hospital and it has | ||
been determined under Title XVIII of the Social
Security Act to | ||
meet the requirements of paragraphs (10) and (11) of Section
| ||
1861(s) of such Act. In determining whether medical equipment | ||
has a value
in excess of the capital expenditure minimum, the | ||
value of studies, surveys,
designs, plans, working drawings, | ||
specifications, and other activities
essential to the |
acquisition of such equipment shall be included.
| ||
"Capital Expenditure" means an expenditure: (A) made by or | ||
on behalf of
a health care facility (as such a facility is | ||
defined in this Act); and
(B) which under generally accepted | ||
accounting principles is not properly
chargeable as an expense | ||
of operation and maintenance, or is made to obtain
by lease or | ||
comparable arrangement any facility or part thereof or any
| ||
equipment for a facility or part; and which exceeds the capital | ||
expenditure
minimum.
| ||
For the purpose of this paragraph, the cost of any studies, | ||
surveys, designs,
plans, working drawings, specifications, and | ||
other activities essential
to the acquisition, improvement, | ||
expansion, or replacement of any plant
or equipment with | ||
respect to which an expenditure is made shall be included
in | ||
determining if such expenditure exceeds the capital | ||
expenditures minimum.
Unless otherwise interdependent, or | ||
submitted as one project by the applicant, components of | ||
construction or modification undertaken by means of a single | ||
construction contract or financed through the issuance of a | ||
single debt instrument shall not be grouped together as one | ||
project. Donations of equipment
or facilities to a health care | ||
facility which if acquired directly by such
facility would be | ||
subject to review under this Act shall be considered capital
| ||
expenditures, and a transfer of equipment or facilities for | ||
less than fair
market value shall be considered a capital | ||
expenditure for purposes of this
Act if a transfer of the |
equipment or facilities at fair market value would
be subject | ||
to review.
| ||
"Capital expenditure minimum" means $11,500,000 for | ||
projects by hospital applicants, $6,500,000 for applicants for | ||
projects related to skilled and intermediate care long-term | ||
care facilities licensed under the Nursing Home Care Act, and | ||
$3,000,000 for projects by all other applicants, which shall be | ||
annually
adjusted to reflect the increase in construction costs | ||
due to inflation, for major medical equipment and for all other
| ||
capital expenditures.
| ||
"Non-clinical service area" means an area (i) for the | ||
benefit of the
patients, visitors, staff, or employees of a | ||
health care facility and (ii) not
directly related to the | ||
diagnosis, treatment, or rehabilitation of persons
receiving | ||
services from the health care facility. "Non-clinical service | ||
areas"
include, but are not limited to, chapels; gift shops; | ||
news stands; computer
systems; tunnels, walkways, and | ||
elevators; telephone systems; projects to
comply with life | ||
safety codes; educational facilities; student housing;
| ||
patient, employee, staff, and visitor dining areas; | ||
administration and
volunteer offices; modernization of | ||
structural components (such as roof
replacement and masonry | ||
work); boiler repair or replacement; vehicle
maintenance and | ||
storage facilities; parking facilities; mechanical systems for
| ||
heating, ventilation, and air conditioning; loading docks; and | ||
repair or
replacement of carpeting, tile, wall coverings, |
window coverings or treatments,
or furniture. Solely for the | ||
purpose of this definition, "non-clinical service
area" does | ||
not include health and fitness centers.
| ||
"Areawide" means a major area of the State delineated on a
| ||
geographic, demographic, and functional basis for health | ||
planning and
for health service and having within it one or | ||
more local areas for
health planning and health service. The | ||
term "region", as contrasted
with the term "subregion", and the | ||
word "area" may be used synonymously
with the term "areawide".
| ||
"Local" means a subarea of a delineated major area that on | ||
a
geographic, demographic, and functional basis may be | ||
considered to be
part of such major area. The term "subregion" | ||
may be used synonymously
with the term "local".
| ||
"Physician" means a person licensed to practice in | ||
accordance with
the Medical Practice Act of 1987, as amended.
| ||
"Licensed health care professional" means a person | ||
licensed to
practice a health profession under pertinent | ||
licensing statutes of the
State of Illinois.
| ||
"Director" means the Director of the Illinois Department of | ||
Public Health.
| ||
"Agency" means the Illinois Department of Public Health.
| ||
"Alternative health care model" means a facility or program | ||
authorized
under the Alternative Health Care Delivery Act.
| ||
"Out-of-state facility" means a person that is both (i) | ||
licensed as a
hospital or as an ambulatory surgery center under | ||
the laws of another state
or that
qualifies as a hospital or an |
ambulatory surgery center under regulations
adopted pursuant | ||
to the Social Security Act and (ii) not licensed under the
| ||
Ambulatory Surgical Treatment Center Act, the Hospital | ||
Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||
out-of-state facilities shall be
considered out-of-state | ||
facilities. Affiliates of Illinois licensed health
care | ||
facilities 100% owned by an Illinois licensed health care | ||
facility, its
parent, or Illinois physicians licensed to | ||
practice medicine in all its
branches shall not be considered | ||
out-of-state facilities. Nothing in
this definition shall be
| ||
construed to include an office or any part of an office of a | ||
physician licensed
to practice medicine in all its branches in | ||
Illinois that is not required to be
licensed under the | ||
Ambulatory Surgical Treatment Center Act.
| ||
"Change of ownership of a health care facility" means a | ||
change in the
person
who has ownership or
control of a health | ||
care facility's physical plant and capital assets. A change
in | ||
ownership is indicated by
the following transactions: sale, | ||
transfer, acquisition, lease, change of
sponsorship, or other | ||
means of
transferring control.
| ||
"Related person" means any person that: (i) is at least 50% | ||
owned, directly
or indirectly, by
either the health care | ||
facility or a person owning, directly or indirectly, at
least | ||
50% of the health
care facility; or (ii) owns, directly or | ||
indirectly, at least 50% of the
health care facility.
| ||
"Charity care" means care provided by a health care |
facility for which the provider does not expect to receive | ||
payment from the patient or a third-party payer. | ||
"Freestanding emergency center" means a facility subject | ||
to licensure under Section 32.5 of the Emergency Medical | ||
Services (EMS) Systems Act. | ||
"Category of service" means a grouping by generic class of | ||
various types or levels of support functions, equipment, care, | ||
or treatment provided to patients or residents, including, but | ||
not limited to, classes such as medical-surgical, pediatrics, | ||
or cardiac catheterization. A category of service may include | ||
subcategories or levels of care that identify a particular | ||
degree or type of care within the category of service. Nothing | ||
in this definition shall be construed to include the practice | ||
of a physician or other licensed health care professional while | ||
functioning in an office providing for the care, diagnosis, or | ||
treatment of patients. A category of service that is subject to | ||
the Board's jurisdiction must be designated in rules adopted by | ||
the Board. | ||
"State Board Staff Report" means the document that sets | ||
forth the review and findings of the State Board staff, as | ||
prescribed by the State Board, regarding applications subject | ||
to Board jurisdiction. | ||
(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14; | ||
98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff. | ||
8-26-14; revised 10-22-14.)
|
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||
(Section scheduled to be repealed on December 31, 2019) | ||
Sec. 12. Powers and duties of State Board. For purposes of | ||
this Act,
the State Board
shall
exercise the following powers | ||
and duties:
| ||
(1) Prescribe rules,
regulations, standards, criteria, | ||
procedures or reviews which may vary
according to the purpose | ||
for which a particular review is being conducted
or the type of | ||
project reviewed and which are required to carry out the
| ||
provisions and purposes of this Act. Policies and procedures of | ||
the State Board shall take into consideration the priorities | ||
and needs of medically underserved areas and other health care | ||
services identified through the comprehensive health planning | ||
process, giving special consideration to the impact of projects | ||
on access to safety net services.
| ||
(2) Adopt procedures for public
notice and hearing on all | ||
proposed rules, regulations, standards,
criteria, and plans | ||
required to carry out the provisions of this Act.
| ||
(3) (Blank).
| ||
(4) Develop criteria and standards for health care | ||
facilities planning,
conduct statewide inventories of health | ||
care facilities, maintain an updated
inventory on the Board's | ||
web site reflecting the
most recent bed and service
changes and | ||
updated need determinations when new census data become | ||
available
or new need formulae
are adopted,
and
develop health |
care facility plans which shall be utilized in the review of
| ||
applications for permit under
this Act. Such health facility | ||
plans shall be coordinated by the Board
with pertinent State | ||
Plans. Inventories pursuant to this Section of skilled or | ||
intermediate care facilities licensed under the Nursing Home | ||
Care Act, skilled or intermediate care facilities licensed | ||
under the ID/DD Community Care Act, facilities licensed under | ||
the Specialized Mental Health Rehabilitation Act, or nursing | ||
homes licensed under the Hospital Licensing Act shall be | ||
conducted on an annual basis no later than July 1 of each year | ||
and shall include among the information requested a list of all | ||
services provided by a facility to its residents and to the | ||
community at large and differentiate between active and | ||
inactive beds.
| ||
In developing health care facility plans, the State Board | ||
shall consider,
but shall not be limited to, the following:
| ||
(a) The size, composition and growth of the population | ||
of the area
to be served;
| ||
(b) The number of existing and planned facilities | ||
offering similar
programs;
| ||
(c) The extent of utilization of existing facilities;
| ||
(d) The availability of facilities which may serve as | ||
alternatives
or substitutes;
| ||
(e) The availability of personnel necessary to the | ||
operation of the
facility;
| ||
(f) Multi-institutional planning and the establishment |
of
multi-institutional systems where feasible;
| ||
(g) The financial and economic feasibility of proposed | ||
construction
or modification; and
| ||
(h) In the case of health care facilities established | ||
by a religious
body or denomination, the needs of the | ||
members of such religious body or
denomination may be | ||
considered to be public need.
| ||
The health care facility plans which are developed and | ||
adopted in
accordance with this Section shall form the basis | ||
for the plan of the State
to deal most effectively with | ||
statewide health needs in regard to health
care facilities.
| ||
(5) Coordinate with the Center for Comprehensive Health | ||
Planning and other state agencies having responsibilities
| ||
affecting health care facilities, including those of licensure | ||
and cost
reporting. Beginning no later than January 1, 2013, | ||
the Department of Public Health shall produce a written annual | ||
report to the Governor and the General Assembly regarding the | ||
development of the Center for Comprehensive Health Planning. | ||
The Chairman of the State Board and the State Board | ||
Administrator shall also receive a copy of the annual report.
| ||
(6) Solicit, accept, hold and administer on behalf of the | ||
State
any grants or bequests of money, securities or property | ||
for
use by the State Board or Center for Comprehensive Health | ||
Planning in the administration of this Act; and enter into | ||
contracts
consistent with the appropriations for purposes | ||
enumerated in this Act.
|
(7) The State Board shall prescribe procedures for review, | ||
standards,
and criteria which shall be utilized
to make | ||
periodic reviews and determinations of the appropriateness
of | ||
any existing health services being rendered by health care | ||
facilities
subject to the Act. The State Board shall consider | ||
recommendations of the
Board in making its
determinations.
| ||
(8) Prescribe, in consultation
with the Center for | ||
Comprehensive Health Planning, rules, regulations,
standards, | ||
and criteria for the conduct of an expeditious review of
| ||
applications
for permits for projects of construction or | ||
modification of a health care
facility, which projects are | ||
classified as emergency, substantive, or non-substantive in | ||
nature. | ||
Six months after June 30, 2009 (the effective date of | ||
Public Act 96-31), substantive projects shall include no more | ||
than the following: | ||
(a) Projects to construct (1) a new or replacement | ||
facility located on a new site or
(2) a replacement | ||
facility located on the same site as the original facility | ||
and the cost of the replacement facility exceeds the | ||
capital expenditure minimum, which shall be reviewed by the | ||
Board within 120 days; | ||
(b) Projects proposing a
(1) new service within an | ||
existing healthcare facility or
(2) discontinuation of a | ||
service within an existing healthcare facility, which | ||
shall be reviewed by the Board within 60 days; or |
(c) Projects proposing a change in the bed capacity of | ||
a health care facility by an increase in the total number | ||
of beds or by a redistribution of beds among various | ||
categories of service or by a relocation of beds from one | ||
physical facility or site to another by more than 20 beds | ||
or more than 10% of total bed capacity, as defined by the | ||
State Board, whichever is less, over a 2-year period. | ||
The Chairman may approve applications for exemption that | ||
meet the criteria set forth in rules or refer them to the full | ||
Board. The Chairman may approve any unopposed application that | ||
meets all of the review criteria or refer them to the full | ||
Board. | ||
Such rules shall
not abridge the right of the Center for | ||
Comprehensive Health Planning to make
recommendations on the | ||
classification and approval of projects, nor shall
such rules | ||
prevent the conduct of a public hearing upon the timely request
| ||
of an interested party. Such reviews shall not exceed 60 days | ||
from the
date the application is declared to be complete.
| ||
(9) Prescribe rules, regulations,
standards, and criteria | ||
pertaining to the granting of permits for
construction
and | ||
modifications which are emergent in nature and must be | ||
undertaken
immediately to prevent or correct structural | ||
deficiencies or hazardous
conditions that may harm or injure | ||
persons using the facility, as defined
in the rules and | ||
regulations of the State Board. This procedure is exempt
from | ||
public hearing requirements of this Act.
|
(10) Prescribe rules,
regulations, standards and criteria | ||
for the conduct of an expeditious
review, not exceeding 60 | ||
days, of applications for permits for projects to
construct or | ||
modify health care facilities which are needed for the care
and | ||
treatment of persons who have acquired immunodeficiency | ||
syndrome (AIDS)
or related conditions.
| ||
(11) Issue written decisions upon request of the applicant | ||
or an adversely affected party to the Board. Requests for a | ||
written decision shall be made within 15 days after the Board | ||
meeting in which a final decision has been made. A "final | ||
decision" for purposes of this Act is the decision to approve | ||
or deny an application, or take other actions permitted under | ||
this Act, at the time and date of the meeting that such action | ||
is scheduled by the Board. State Board members shall provide | ||
their rationale when voting on an item before the State Board | ||
at a State Board meeting in order to comply with subsection (b) | ||
of Section 3-108 of the Administrative Review Law of the Code | ||
of Civil Procedure. The transcript of the State Board meeting | ||
shall be incorporated into the Board's final decision. The | ||
staff of the Board shall prepare a written copy of the final | ||
decision and the Board shall approve a final copy for inclusion | ||
in the formal record. The Board shall consider, for approval, | ||
the written draft of the final decision no later than the next | ||
scheduled Board meeting. The written decision shall identify | ||
the applicable criteria and factors listed in this Act and the | ||
Board's regulations that were taken into consideration by the |
Board when coming to a final decision. If the Board denies or | ||
fails to approve an application for permit or exemption, the | ||
Board shall include in the final decision a detailed | ||
explanation as to why the application was denied and identify | ||
what specific criteria or standards the applicant did not | ||
fulfill. | ||
(12) Require at least one of its members to participate in | ||
any public hearing, after the appointment of a majority of the | ||
members to the Board. | ||
(13) Provide a mechanism for the public to comment on, and | ||
request changes to, draft rules and standards. | ||
(14) Implement public information campaigns to regularly | ||
inform the general public about the opportunity for public | ||
hearings and public hearing procedures. | ||
(15) Establish a separate set of rules and guidelines for | ||
long-term care that recognizes that nursing homes are a | ||
different business line and service model from other regulated | ||
facilities. An open and transparent process shall be developed | ||
that considers the following: how skilled nursing fits in the | ||
continuum of care with other care providers, modernization of | ||
nursing homes, establishment of more private rooms, | ||
development of alternative services, and current trends in | ||
long-term care services.
The Chairman of the Board shall | ||
appoint a permanent Health Services Review Board Long-term Care | ||
Facility Advisory Subcommittee that shall develop and | ||
recommend to the Board the rules to be established by the Board |
under this paragraph (15). The Subcommittee shall also provide | ||
continuous review and commentary on policies and procedures | ||
relative to long-term care and the review of related projects. | ||
In consultation with other experts from the health field of | ||
long-term care, the Board and the Subcommittee shall study new | ||
approaches to the current bed need formula and Health Service | ||
Area boundaries to encourage flexibility and innovation in | ||
design models reflective of the changing long-term care | ||
marketplace and consumer preferences. The Subcommittee shall | ||
evaluate, and make recommendations to the State Board | ||
regarding, the buying, selling, and exchange of beds between | ||
long-term care facilities within a specified geographic area or | ||
drive time. The Board shall file the proposed related | ||
administrative rules for the separate rules and guidelines for | ||
long-term care required by this paragraph (15) by no later than | ||
September 30, 2011. The Subcommittee shall be provided a | ||
reasonable and timely opportunity to review and comment on any | ||
review, revision, or updating of the criteria, standards, | ||
procedures, and rules used to evaluate project applications as | ||
provided under Section 12.3 of this Act. | ||
(16) Prescribe and provide forms pertaining to the State | ||
Board Staff Report. A State Board Staff Report shall pertain to | ||
applications that include, but are not limited to, applications | ||
for permit or exemption, applications for permit renewal, | ||
applications for extension of the obligation period, | ||
applications requesting a declaratory ruling, or applications |
under the Health Care Worker Self-Referral Self Referral Act. | ||
State Board Staff Reports shall compare applications to the | ||
relevant review criteria under the Board's rules. | ||
(17) (16) Establish a separate set of rules and guidelines | ||
for facilities licensed under the Specialized Mental Health | ||
Rehabilitation Act of 2013. An application for the | ||
re-establishment of a facility in connection with the | ||
relocation of the facility shall not be granted unless the | ||
applicant has a contractual relationship with at least one | ||
hospital to provide emergency and inpatient mental health | ||
services required by facility consumers, and at least one | ||
community mental health agency to provide oversight and | ||
assistance to facility consumers while living in the facility, | ||
and appropriate services, including case management, to assist | ||
them to prepare for discharge and reside stably in the | ||
community thereafter. No new facilities licensed under the | ||
Specialized Mental Health Rehabilitation Act of 2013 shall be | ||
established after June 16, 2014 ( the effective date of Public | ||
Act 98-651) this amendatory Act of the 98th General Assembly | ||
except in connection with the relocation of an existing | ||
facility to a new location. An application for a new location | ||
shall not be approved unless there are adequate community | ||
services accessible to the consumers within a reasonable | ||
distance, or by use of public transportation, so as to | ||
facilitate the goal of achieving maximum individual self-care | ||
and independence. At no time shall the total number of |
authorized beds under this Act in facilities licensed under the | ||
Specialized Mental Health Rehabilitation Act of 2013 exceed the | ||
number of authorized beds on June 16, 2014 ( the effective date | ||
of Public Act 98-651) this amendatory Act of the 98th General | ||
Assembly . | ||
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||
98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | ||
6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.) | ||
Section 110. The Home Repair and Construction Task Force | ||
Act is amended by changing Section 20 as follows: | ||
(20 ILCS 5050/20) | ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 20. Duties. The Task Force shall: | ||
(1) discuss whether the residents of Illinois would | ||
benefit from legislation requiring home repair and | ||
construction service providers to obtain a license from the | ||
Department of Financial and Professional Regulation before | ||
offering these theses services in Illinois; | ||
(2) if it is determined that licensure is required, | ||
determine: | ||
(A) the requirements applicants must meet to | ||
qualify for a license; | ||
(B) grounds for denial or revocation of a license; |
and | ||
(C) any other considerations relevant to a | ||
licensing requirement; and | ||
(3) make recommendations to the General Assembly.
| ||
(Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.) | ||
Section 115. The State Finance Act is amended by setting | ||
forth and renumbering multiple
versions of Section 5.855 and by | ||
changing Sections 6z-43 and 8.12 as follows: | ||
(30 ILCS 105/5.855) | ||
Sec. 5.855. The Special Olympics Illinois and Special | ||
Children's Charities Fund. | ||
(Source: P.A. 98-649, eff. 6-16-14.) | ||
(30 ILCS 105/5.856) | ||
Sec. 5.856 5.855 . The Supportive Living Facility Fund. | ||
(Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.) | ||
(30 ILCS 105/5.857) | ||
(Section scheduled to be repealed on July 1, 2016) | ||
Sec. 5.857 5.855 . The Capital Development Board Revolving | ||
Fund. This Section is repealed July 1, 2016.
| ||
(Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.) | ||
(30 ILCS 105/5.858) |
Sec. 5.858 5.855 . The Hospital Licensure Fund. | ||
(Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.) | ||
(30 ILCS 105/5.859) | ||
Sec. 5.859 5.855 . The Illinois National Guard Billeting | ||
Fund. | ||
(Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.) | ||
(30 ILCS 105/5.860) | ||
Sec. 5.860 5.855 . The Job Opportunities for Qualified | ||
Applicants Enforcement Fund. | ||
(Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.) | ||
(30 ILCS 105/5.861) | ||
Sec. 5.861 5.855 . The Distance Learning Fund. | ||
(Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.) | ||
(30 ILCS 105/5.862) | ||
Sec. 5.862 5.855 . The State Treasurer's Administrative | ||
Fund. | ||
(Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.) | ||
(30 ILCS 105/5.863) | ||
Sec. 5.863 5.855 . The Stroke Data Collection Fund. | ||
(Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.) |
(30 ILCS 105/5.864) | ||
Sec. 5.864 5.855 . The Natural Resources Restoration Trust | ||
Fund. | ||
(Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.) | ||
(30 ILCS 105/5.865) | ||
Sec. 5.865 5.855 . The Specialized Services for Survivors of | ||
Human Trafficking Fund. | ||
(Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.) | ||
(30 ILCS 105/5.867) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 5.867 5.855 . The Illinois Secure Choice | ||
Administrative Fund. | ||
(Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)
| ||
(30 ILCS 105/6z-43)
| ||
Sec. 6z-43. Tobacco Settlement Recovery Fund.
| ||
(a) There is created in the State Treasury a special fund | ||
to be known
as the Tobacco Settlement Recovery Fund, which | ||
shall contain 3 accounts: (i) the General Account, (ii) the | ||
Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | ||
Settlement Residual Account. There shall be deposited into the | ||
several accounts of the Tobacco Settlement Recovery Fund
and | ||
the Attorney General Tobacco Fund all monies paid to the State |
pursuant to (1) the Master Settlement Agreement
entered in the | ||
case of People of the State of Illinois v. Philip Morris, et | ||
al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any | ||
settlement with or
judgment against any tobacco product | ||
manufacturer other than one participating
in the Master | ||
Settlement Agreement in satisfaction of any released claim as
| ||
defined in the Master Settlement Agreement, as well as any | ||
other monies as
provided by law. Moneys shall be deposited into
| ||
the Tobacco Settlement Bond Proceeds Account and the Tobacco | ||
Settlement Residual Account as provided by the terms of the | ||
Railsplitter Tobacco Settlement Authority Act, provided that | ||
an annual amount not less than $2,500,000, subject to | ||
appropriation, shall be deposited into the Attorney General | ||
Tobacco Fund for use only by the Attorney General's office. The | ||
scheduled $2,500,000 deposit into the Tobacco Settlement | ||
Residual Account for fiscal year 2011 should be transferred to | ||
the Attorney General Tobacco Fund in fiscal year 2012 as soon | ||
as this fund has been established. All other moneys available | ||
to be deposited into the Tobacco Settlement Recovery Fund shall | ||
be deposited into the General Account. An investment made from | ||
moneys credited to a specific account constitutes part of that | ||
account and such account shall be credited with all income from | ||
the investment of such moneys. The Treasurer
may invest the | ||
moneys in the several accounts the Fund in the same manner, in | ||
the same types of
investments, and subject to the same | ||
limitations provided in the Illinois
Pension Code for the |
investment of pension funds other than those established
under | ||
Article 3 or 4 of the Code. Notwithstanding the foregoing, to | ||
the extent necessary to preserve the tax-exempt status of any | ||
bonds issued pursuant to the Railsplitter Tobacco Settlement | ||
Authority Act, the interest on which is intended to be | ||
excludable from the gross income of the owners for federal | ||
income tax purposes, moneys on deposit in the Tobacco | ||
Settlement Bond Proceeds Account and the Tobacco Settlement | ||
Residual Account may be invested in obligations the interest | ||
upon which is tax-exempt under the provisions of Section 103 of | ||
the Internal Revenue Code of 1986, as now or hereafter amended, | ||
or any successor code or provision.
| ||
(b) Moneys on deposit in the Tobacco Settlement Bond | ||
Proceeds Account and the Tobacco Settlement Residual Account | ||
may be expended, subject to appropriation, for the purposes | ||
authorized in subsection (g) of Section 3-6 Section 6(g) of the | ||
Railsplitter Tobacco Settlement Authority Act. | ||
(c) As soon as may be practical after June 30, 2001, upon | ||
notification
from and at the direction of the Governor, the | ||
State Comptroller shall direct
and the State Treasurer shall | ||
transfer the unencumbered balance in the Tobacco
Settlement | ||
Recovery Fund as of June 30, 2001, as determined by the | ||
Governor,
into the Budget Stabilization Fund. The Treasurer may | ||
invest the moneys in the
Budget Stabilization Fund in the same | ||
manner, in the same types of investments,
and subject to the | ||
same limitations provided in the Illinois Pension Code for
the |
investment of pension funds other than those established under | ||
Article 3 or
4 of the Code.
| ||
(d) All federal financial participation moneys received
| ||
pursuant to expenditures from the Fund shall be deposited into | ||
the General Account.
| ||
(Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised | ||
12-1-14.)
| ||
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||
Sec. 8.12. State Pensions Fund.
| ||
(a) The moneys in the State Pensions Fund shall be used | ||
exclusively
for the administration of the Uniform Disposition | ||
of Unclaimed Property Act and
for the expenses incurred by the | ||
Auditor General for administering the provisions of Section | ||
2-8.1 of the Illinois State Auditing Act and for the funding of | ||
the unfunded liabilities of the designated retirement systems. | ||
Beginning in State fiscal year 2016, payments to the designated | ||
retirement systems under this Section shall be in addition to, | ||
and not in lieu of, any State contributions required under the | ||
Illinois Pension Code.
| ||
"Designated retirement systems" means:
| ||
(1) the State Employees' Retirement System of | ||
Illinois;
| ||
(2) the Teachers' Retirement System of the State of | ||
Illinois;
| ||
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
| ||
(5) the General Assembly Retirement System.
| ||
(b) Each year the General Assembly may make appropriations | ||
from
the State Pensions Fund for the administration of the | ||
Uniform Disposition of
Unclaimed Property Act.
| ||
Each month, the Commissioner of the Office of Banks and | ||
Real Estate shall
certify to the State Treasurer the actual | ||
expenditures that the Office of
Banks and Real Estate incurred | ||
conducting unclaimed property examinations under
the Uniform | ||
Disposition of Unclaimed Property Act during the immediately
| ||
preceding month. Within a reasonable
time following the | ||
acceptance of such certification by the State Treasurer, the
| ||
State Treasurer shall pay from its appropriation from the State | ||
Pensions Fund
to the Bank and Trust Company Fund, the Savings | ||
Bank Regulatory Fund, and the Residential Finance
Regulatory | ||
Fund an amount equal to the expenditures incurred by each Fund | ||
for
that month.
| ||
Each month, the Director of Financial Institutions shall
| ||
certify to the State Treasurer the actual expenditures that the | ||
Department of
Financial Institutions incurred conducting | ||
unclaimed property examinations
under the Uniform Disposition | ||
of Unclaimed Property Act during the immediately
preceding | ||
month. Within a reasonable time following the acceptance of | ||
such
certification by the State Treasurer, the State Treasurer | ||
shall pay from its
appropriation from the State Pensions Fund
| ||
to the Financial Institution Fund and the Credit Union Fund
an |
amount equal to the expenditures incurred by each Fund for
that | ||
month.
| ||
(c) As soon as possible after the effective date of this | ||
amendatory Act of the 93rd General Assembly, the General | ||
Assembly shall appropriate from the State Pensions Fund (1) to | ||
the State Universities Retirement System the amount certified | ||
under Section 15-165 during the prior year, (2) to the Judges | ||
Retirement System of Illinois the amount certified under | ||
Section 18-140 during the prior year, and (3) to the General | ||
Assembly Retirement System the amount certified under Section | ||
2-134 during the prior year as part of the required
State | ||
contributions to each of those designated retirement systems; | ||
except that amounts appropriated under this subsection (c) in | ||
State fiscal year 2005 shall not reduce the amount in the State | ||
Pensions Fund below $5,000,000. If the amount in the State | ||
Pensions Fund does not exceed the sum of the amounts certified | ||
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||
the amount paid to each designated retirement system under this | ||
subsection shall be reduced in proportion to the amount | ||
certified by each of those designated retirement systems.
| ||
(c-5) For fiscal years 2006 through 2015, the General | ||
Assembly shall appropriate from the State Pensions Fund to the | ||
State Universities Retirement System the amount estimated to be | ||
available during the fiscal year in the State Pensions Fund; | ||
provided, however, that the amounts appropriated under this | ||
subsection (c-5) shall not reduce the amount in the State |
Pensions Fund below $5,000,000.
| ||
(c-6) For fiscal year 2016 and each fiscal year thereafter, | ||
as soon as may be practical after any money is deposited into | ||
the State Pensions Fund from the Unclaimed Property Trust Fund, | ||
the State Treasurer shall apportion the deposited amount among | ||
the designated retirement systems as defined in subsection (a) | ||
to reduce their actuarial reserve deficiencies. The State | ||
Comptroller and State Treasurer shall pay the apportioned | ||
amounts to the designated retirement systems to fund the | ||
unfunded liabilities of the designated retirement systems. The | ||
amount apportioned to each designated retirement system shall | ||
constitute a portion of the amount estimated to be available | ||
for appropriation from the State Pensions Fund that is the same | ||
as that retirement system's portion of the total actual reserve | ||
deficiency of the systems, as determined annually by the | ||
Governor's Office of Management and Budget at the request of | ||
the State Treasurer. The amounts apportioned under this | ||
subsection shall not reduce the amount in the State Pensions | ||
Fund below $5,000,000. | ||
(d) The
Governor's Office of Management and Budget shall | ||
determine the individual and total
reserve deficiencies of the | ||
designated retirement systems. For this purpose,
the
| ||
Governor's Office of Management and Budget shall utilize the | ||
latest available audit and actuarial
reports of each of the | ||
retirement systems and the relevant reports and
statistics of | ||
the Public Employee Pension Fund Division of the Department of
|
Insurance.
| ||
(d-1) As soon as practicable after the effective date of | ||
this
amendatory Act of the 93rd General Assembly, the | ||
Comptroller shall
direct and the Treasurer shall transfer from | ||
the State Pensions Fund to
the General Revenue Fund, as funds | ||
become available, a sum equal to the
amounts that would have | ||
been paid
from the State Pensions Fund to the Teachers' | ||
Retirement System of the State
of Illinois,
the State | ||
Universities Retirement System, the Judges Retirement
System | ||
of Illinois, the
General Assembly Retirement System, and the | ||
State Employees'
Retirement System
of Illinois
after the | ||
effective date of this
amendatory Act during the remainder of | ||
fiscal year 2004 to the
designated retirement systems from the | ||
appropriations provided for in
this Section if the transfers | ||
provided in Section 6z-61 had not
occurred. The transfers | ||
described in this subsection (d-1) are to
partially repay the | ||
General Revenue Fund for the costs associated with
the bonds | ||
used to fund the moneys transferred to the designated
| ||
retirement systems under Section 6z-61.
| ||
(e) The changes to this Section made by this amendatory Act | ||
of 1994 shall
first apply to distributions from the Fund for | ||
State fiscal year 1996.
| ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14; | ||
98-1081, eff. 1-1-15; revised 10-1-14.)
|
Section 120. The Public Funds Investment Act is amended by | ||
changing Section 6.5 as follows: | ||
(30 ILCS 235/6.5) | ||
Sec. 6.5. Federally insured deposits at Illinois financial | ||
institutions. | ||
(a) Notwithstanding any other provision of this Act or any | ||
other statute, whenever a public agency invests public funds in | ||
an interest-bearing savings account, demand deposit account, | ||
interest-bearing certificate of deposit, or interest-bearing | ||
time deposit under Section 2 of this Act, the provisions of | ||
Section 6 of this Act and any other statutory requirements | ||
pertaining to the eligibility of a bank to receive or hold | ||
public deposits or to the pledging of collateral by a bank to | ||
secure public deposits do not apply to any bank receiving or | ||
holding all or part of the invested public funds if (i) the | ||
public agency initiates the investment at or through a bank | ||
located in Illinois and (ii) the invested public funds are at | ||
all times fully insured by an agency or instrumentality of the | ||
federal government. | ||
(b) Nothing in this Section is intended to: | ||
(1) prohibit a public agency from requiring the bank at | ||
or through which the investment of public funds is | ||
initiated to provide the public agency with the information | ||
otherwise required by subsection (a), (b), or (c) of | ||
Section 6 of this Act as a condition of investing the |
public funds at or through that bank; or | ||
(2) permit a bank to receive or hold public deposits if | ||
that bank is prohibited from doing so by any rule, | ||
sanction, or order issued by a regulatory agency or by a | ||
court. | ||
(c) For purposes of this Section, the term "bank" includes | ||
any person doing a banking business whether subject to the laws | ||
of this or any other jurisdiction.
| ||
(Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14; | ||
revised 10-2-14.) | ||
Section 125. The Illinois Coal Technology Development | ||
Assistance Act is amended by changing Section 3 as follows:
| ||
(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
| ||
Sec. 3. Transfers to Coal Technology Development | ||
Assistance Fund Funds . As soon
as may be practicable after the | ||
first day of each month, the Department of
Revenue shall | ||
certify to the Treasurer an amount equal to 1/64 of the revenue
| ||
realized from the tax imposed by the Electricity Excise Tax | ||
Law, Section 2
of the Public Utilities Revenue Act,
Section 2 | ||
of the Messages Tax Act, and Section 2 of the Gas Revenue Tax | ||
Act,
during the preceding month. Upon receipt of the | ||
certification, the Treasurer
shall transfer the amount shown on | ||
such certification from the General Revenue
Fund to the Coal | ||
Technology Development Assistance Fund, which is hereby
|
created as a special fund in the State treasury, except that no | ||
transfer shall
be made in any month in which the Fund has | ||
reached the following balance:
| ||
(1) $7,000,000 during fiscal year 1994.
| ||
(2) $8,500,000 during fiscal year 1995.
| ||
(3) $10,000,000 during fiscal years 1996 and 1997.
| ||
(4) During fiscal year 1998 through fiscal year 2004, | ||
an amount
equal to the sum of $10,000,000 plus additional | ||
moneys
deposited into the Coal Technology Development | ||
Assistance Fund from the
Renewable Energy Resources and | ||
Coal Technology Development Assistance Charge
under | ||
Section 6.5 of the Renewable Energy, Energy Efficiency, and | ||
Coal
Resources Development Law of 1997. | ||
(5) During fiscal year 2005, an amount equal to the sum | ||
of $7,000,000 plus additional moneys
deposited into the | ||
Coal Technology Development Assistance Fund from the
| ||
Renewable Energy Resources and Coal Technology Development | ||
Assistance Charge
under Section 6.5 of the Renewable | ||
Energy, Energy Efficiency, and Coal
Resources Development | ||
Law of 1997. | ||
(6) During fiscal year 2006 and each fiscal year | ||
thereafter, an amount equal to the sum of $10,000,000 plus | ||
additional moneys
deposited into the Coal Technology | ||
Development Assistance Fund from the
Renewable Energy | ||
Resources and Coal Technology Development Assistance | ||
Charge
under Section 6.5 of the Renewable Energy, Energy |
Efficiency, and Coal
Resources Development Law of 1997.
| ||
(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
| ||
Section 130. The Charitable Trust Stabilization Act is | ||
amended by changing Section 10 as follows: | ||
(30 ILCS 790/10)
| ||
Sec. 10. The Charitable Trust Stabilization Committee. | ||
(a) The Charitable Trust Stabilization Committee is | ||
created. The Committee consists of the following members: | ||
(1) the Attorney General or his or her designee, who | ||
shall serve as co-chair of the Committee; | ||
(2) a member that represents the Office of the State | ||
Treasurer that is appointed by the Treasurer, who shall | ||
serve as co-chair of the Committee; | ||
(3) the Lieutenant Governor or his or her designee; | ||
(4) the Director of Commerce and Economic Opportunity | ||
or his or her designee; | ||
(5) the chief executive officer of the Division of | ||
Financial Institutions in the Department of Financial and | ||
Professional Regulation Regulations or his or her | ||
designee; and | ||
(6) six private citizens, who shall serve a term of 6 | ||
years, appointed by the State Treasurer with advice and | ||
consent of the Senate. | ||
(b) The State Treasurer shall adopt rules, including |
procedures and criteria for grant awards. The Committee must | ||
meet at least once each
calendar
quarter, and it may establish | ||
committees and officers as it deems necessary.
For purposes of | ||
Committee meetings, a quorum is a majority of the members.
| ||
Meetings of the Committee are subject to the Open Meetings Act.
| ||
The Committee must afford an opportunity for public comment at | ||
each of its meetings. | ||
(c) Committee members shall serve without compensation, | ||
but may be
reimbursed
for their reasonable travel expenses from | ||
funds available for that purpose. The
Office of the State | ||
Treasurer shall, subject to appropriation, provide staff and
| ||
administrative support services to the Committee. | ||
(d) The State Treasurer shall administer the Charitable | ||
Trust Stabilization Fund. | ||
The State Treasurer may transfer all or a portion of the | ||
balance of the fund to a third-party administrator to fulfill | ||
the mission of the Committee and the purposes of the fund in | ||
accordance with this Act and in compliance with Section 5(c) of | ||
this Act.
| ||
(Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.) | ||
Section 135. The State Mandates Act is amended by changing | ||
Section 8.38 as follows: | ||
(30 ILCS 805/8.38) | ||
Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by Public Act 98-641, | ||
98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the | ||
98th General Assembly .
| ||
(Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729, | ||
eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15; | ||
revised 10-6-14.) | ||
Section 140. The Illinois Income Tax Act is amended by | ||
changing Section 901 as follows: | ||
(35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||
Sec. 901. Collection authority. | ||
(a) In general. | ||
The Department shall collect the taxes imposed by this Act. | ||
The Department
shall collect certified past due child support | ||
amounts under Section 2505-650
of the Department of Revenue Law | ||
(20 ILCS 2505/2505-650). Except as
provided in subsections (c), | ||
(e), (f), (g), and (h) of this Section, money collected
| ||
pursuant to subsections (a) and (b) of Section 201 of this Act | ||
shall be
paid into the General Revenue Fund in the State | ||
treasury; money
collected pursuant to subsections (c) and (d) | ||
of Section 201 of this Act
shall be paid into the Personal | ||
Property Tax Replacement Fund, a special
fund in the State | ||
Treasury; and money collected under Section 2505-650 of the
| ||
Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
|
into the
Child Support Enforcement Trust Fund, a special fund | ||
outside the State
Treasury, or
to the State
Disbursement Unit | ||
established under Section 10-26 of the Illinois Public Aid
| ||
Code, as directed by the Department of Healthcare and Family | ||
Services. | ||
(b) Local Government Distributive Fund. | ||
Beginning August 1, 1969, and continuing through June 30, | ||
1994, the Treasurer
shall transfer each month from the General | ||
Revenue Fund to a special fund in
the State treasury, to be | ||
known as the "Local Government Distributive Fund", an
amount | ||
equal to 1/12 of the net revenue realized from the tax imposed | ||
by
subsections (a) and (b) of Section 201 of this Act during | ||
the preceding month.
Beginning July 1, 1994, and continuing | ||
through June 30, 1995, the Treasurer
shall transfer each month | ||
from the General Revenue Fund to the Local Government
| ||
Distributive Fund an amount equal to 1/11 of the net revenue | ||
realized from the
tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act during the
preceding month. Beginning | ||
July 1, 1995 and continuing through January 31, 2011, the | ||
Treasurer shall transfer each
month from the General Revenue | ||
Fund to the Local Government Distributive Fund
an amount equal | ||
to the net of (i) 1/10 of the net revenue realized from the
tax | ||
imposed by
subsections (a) and (b) of Section 201 of the | ||
Illinois Income Tax Act during
the preceding month
(ii) minus, | ||
beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||
and
beginning July 1,
2004,
zero. Beginning February 1, 2011, |
and continuing through January 31, 2015, the Treasurer shall | ||
transfer each month from the General Revenue Fund to the Local | ||
Government Distributive Fund an amount equal to the sum of (i) | ||
6% (10% of the ratio of the 3% individual income tax rate prior | ||
to 2011 to the 5% individual income tax rate after 2010) of the | ||
net revenue realized from the tax imposed by subsections (a) | ||
and (b) of Section 201 of this Act upon individuals, trusts, | ||
and estates during the preceding month and (ii) 6.86% (10% of | ||
the ratio of the 4.8% corporate income tax rate prior to 2011 | ||
to the 7% corporate income tax rate after 2010) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon corporations during the | ||
preceding month. Beginning February 1, 2015 and continuing | ||
through January 31, 2025, the Treasurer shall transfer each | ||
month from the General Revenue Fund to the Local Government | ||
Distributive Fund an amount equal to the sum of (i) 8% (10% of | ||
the ratio of the 3% individual income tax rate prior to 2011 to | ||
the 3.75% individual income tax rate after 2014) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon individuals, trusts, and | ||
estates during the preceding month and (ii) 9.14% (10% of the | ||
ratio of the 4.8% corporate income tax rate prior to 2011 to | ||
the 5.25% corporate income tax rate after 2014) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon corporations during the | ||
preceding month. Beginning February 1, 2025, the Treasurer |
shall transfer each month from the General Revenue Fund to the | ||
Local Government Distributive Fund an amount equal to the sum | ||
of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||
rate prior to 2011 to the 3.25% individual income tax rate | ||
after 2024) of the net revenue realized from the tax imposed by | ||
subsections (a) and (b) of Section 201 of this Act upon | ||
individuals, trusts, and estates during the preceding month and | ||
(ii) 10% of the net revenue realized from the tax imposed by | ||
subsections (a) and (b) of Section 201 of this Act upon | ||
corporations during the preceding month. Net revenue realized | ||
for a month shall be defined as the
revenue from the tax | ||
imposed by subsections (a) and (b) of Section 201 of this
Act | ||
which is deposited in the General Revenue Fund, the Education | ||
Assistance
Fund, the Income Tax Surcharge Local Government | ||
Distributive Fund, the Fund for the Advancement of Education, | ||
and the Commitment to Human Services Fund during the
month | ||
minus the amount paid out of the General Revenue Fund in State | ||
warrants
during that same month as refunds to taxpayers for | ||
overpayment of liability
under the tax imposed by subsections | ||
(a) and (b) of Section 201 of this Act. | ||
Beginning on August 26, 2014 ( the effective date of Public | ||
Act 98-1052) this amendatory Act of the 98th General Assembly , | ||
the Comptroller shall perform the transfers required by this | ||
subsection (b) no later than 60 days after he or she receives | ||
the certification from the Treasurer as provided in Section 1 | ||
of the State Revenue Sharing Act. |
(c) Deposits Into Income Tax Refund Fund. | ||
(1) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(1), (2), and | ||
(3), of Section 201 of this Act into a fund in the State
| ||
treasury known as the Income Tax Refund Fund. The | ||
Department shall deposit 6%
of such amounts during the | ||
period beginning January 1, 1989 and ending on June
30, | ||
1989. Beginning with State fiscal year 1990 and for each | ||
fiscal year
thereafter, the percentage deposited into the | ||
Income Tax Refund Fund during a
fiscal year shall be the | ||
Annual Percentage. For fiscal years 1999 through
2001, the | ||
Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||
Annual Percentage shall be 8%.
For fiscal year 2004, the | ||
Annual Percentage shall be 11.7%. Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 10% for fiscal year 2005. For | ||
fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||
fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||
fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||
fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||
fiscal year 2013, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2014, the Annual Percentage shall be 9.5%. For |
fiscal year 2015, the Annual Percentage shall be 10%. For | ||
all other
fiscal years, the
Annual Percentage shall be | ||
calculated as a fraction, the numerator of which
shall be | ||
the amount of refunds approved for payment by the | ||
Department during
the preceding fiscal year as a result of | ||
overpayment of tax liability under
subsections (a) and | ||
(b)(1), (2), and (3) of Section 201 of this Act plus the
| ||
amount of such refunds remaining approved but unpaid at the | ||
end of the
preceding fiscal year, minus the amounts | ||
transferred into the Income Tax
Refund Fund from the | ||
Tobacco Settlement Recovery Fund, and
the denominator of | ||
which shall be the amounts which will be collected pursuant
| ||
to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||
of this Act during
the preceding fiscal year; except that | ||
in State fiscal year 2002, the Annual
Percentage shall in | ||
no event exceed 7.6%. The Director of Revenue shall
certify | ||
the Annual Percentage to the Comptroller on the last | ||
business day of
the fiscal year immediately preceding the | ||
fiscal year for which it is to be
effective. | ||
(2) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201
of this Act into a fund in | ||
the State treasury known as the Income Tax
Refund Fund. The | ||
Department shall deposit 18% of such amounts during the
| ||
period beginning January 1, 1989 and ending on June 30, |
1989. Beginning
with State fiscal year 1990 and for each | ||
fiscal year thereafter, the
percentage deposited into the | ||
Income Tax Refund Fund during a fiscal year
shall be the | ||
Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||
the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||
the Annual Percentage shall be 27%. For fiscal year
2004, | ||
the Annual Percentage shall be 32%.
Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 24% for fiscal year 2005.
For | ||
fiscal year 2006, the Annual Percentage shall be 20%. For | ||
fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||
fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2012, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2013, the Annual Percentage shall be 14%. For | ||
fiscal year 2014, the Annual Percentage shall be 13.4%. For | ||
fiscal year 2015, the Annual Percentage shall be 14%. For | ||
all other fiscal years, the Annual
Percentage shall be | ||
calculated
as a fraction, the numerator of which shall be | ||
the amount of refunds
approved for payment by the | ||
Department during the preceding fiscal year as
a result of | ||
overpayment of tax liability under subsections (a) and | ||
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||
Act plus the
amount of such refunds remaining approved but |
unpaid at the end of the
preceding fiscal year, and the | ||
denominator of
which shall be the amounts which will be | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201 of this Act during the
| ||
preceding fiscal year; except that in State fiscal year | ||
2002, the Annual
Percentage shall in no event exceed 23%. | ||
The Director of Revenue shall
certify the Annual Percentage | ||
to the Comptroller on the last business day of
the fiscal | ||
year immediately preceding the fiscal year for which it is | ||
to be
effective. | ||
(3) The Comptroller shall order transferred and the | ||
Treasurer shall
transfer from the Tobacco Settlement | ||
Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||
in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||
(iii) $35,000,000 in January, 2003. | ||
(d) Expenditures from Income Tax Refund Fund. | ||
(1) Beginning January 1, 1989, money in the Income Tax | ||
Refund Fund
shall be expended exclusively for the purpose | ||
of paying refunds resulting
from overpayment of tax | ||
liability under Section 201 of this Act, for paying
rebates | ||
under Section 208.1 in the event that the amounts in the | ||
Homeowners'
Tax Relief Fund are insufficient for that | ||
purpose,
and for
making transfers pursuant to this | ||
subsection (d). | ||
(2) The Director shall order payment of refunds | ||
resulting from
overpayment of tax liability under Section |
201 of this Act from the
Income Tax Refund Fund only to the | ||
extent that amounts collected pursuant
to Section 201 of | ||
this Act and transfers pursuant to this subsection (d)
and | ||
item (3) of subsection (c) have been deposited and retained | ||
in the
Fund. | ||
(3) As soon as possible after the end of each fiscal | ||
year, the Director
shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Income Tax Refund Fund to the Personal Property Tax
| ||
Replacement Fund an amount, certified by the Director to | ||
the Comptroller,
equal to the excess of the amount | ||
collected pursuant to subsections (c) and
(d) of Section | ||
201 of this Act deposited into the Income Tax Refund Fund
| ||
during the fiscal year over the amount of refunds resulting | ||
from
overpayment of tax liability under subsections (c) and | ||
(d) of Section 201
of this Act paid from the Income Tax | ||
Refund Fund during the fiscal year. | ||
(4) As soon as possible after the end of each fiscal | ||
year, the Director shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Personal Property Tax Replacement Fund to the Income Tax
| ||
Refund Fund an amount, certified by the Director to the | ||
Comptroller, equal
to the excess of the amount of refunds | ||
resulting from overpayment of tax
liability under | ||
subsections (c) and (d) of Section 201 of this Act paid
| ||
from the Income Tax Refund Fund during the fiscal year over |
the amount
collected pursuant to subsections (c) and (d) of | ||
Section 201 of this Act
deposited into the Income Tax | ||
Refund Fund during the fiscal year. | ||
(4.5) As soon as possible after the end of fiscal year | ||
1999 and of each
fiscal year
thereafter, the Director shall | ||
order transferred and the State Treasurer and
State | ||
Comptroller shall transfer from the Income Tax Refund Fund | ||
to the General
Revenue Fund any surplus remaining in the | ||
Income Tax Refund Fund as of the end
of such fiscal year; | ||
excluding for fiscal years 2000, 2001, and 2002
amounts | ||
attributable to transfers under item (3) of subsection (c) | ||
less refunds
resulting from the earned income tax credit. | ||
(5) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Income Tax Refund Fund | ||
for the purpose of paying
refunds upon the order of the | ||
Director in accordance with the provisions of
this Section. | ||
(e) Deposits into the Education Assistance Fund and the | ||
Income Tax
Surcharge Local Government Distributive Fund. | ||
On July 1, 1991, and thereafter, of the amounts collected | ||
pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||
minus deposits into the
Income Tax Refund Fund, the Department | ||
shall deposit 7.3% into the
Education Assistance Fund in the | ||
State Treasury. Beginning July 1, 1991,
and continuing through | ||
January 31, 1993, of the amounts collected pursuant to
| ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge | ||
Local Government Distributive Fund in the State
Treasury. | ||
Beginning February 1, 1993 and continuing through June 30, | ||
1993, of
the amounts collected pursuant to subsections (a) and | ||
(b) of Section 201 of the
Illinois Income Tax Act, minus | ||
deposits into the Income Tax Refund Fund, the
Department shall | ||
deposit 4.4% into the Income Tax Surcharge Local Government
| ||
Distributive Fund in the State Treasury. Beginning July 1, | ||
1993, and
continuing through June 30, 1994, of the amounts | ||
collected under subsections
(a) and (b) of Section 201 of this | ||
Act, minus deposits into the Income Tax
Refund Fund, the | ||
Department shall deposit 1.475% into the Income Tax Surcharge
| ||
Local Government Distributive Fund in the State Treasury. | ||
(f) Deposits into the Fund for the Advancement of | ||
Education. Beginning February 1, 2015, the Department shall | ||
deposit the following portions of the revenue realized from the | ||
tax imposed upon individuals, trusts, and estates by | ||
subsections (a) and (b) of Section 201 of this Act during the | ||
preceding month, minus deposits into the Income Tax Refund | ||
Fund, into the Fund for the Advancement of Education: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this |
subsection (f) on or after the effective date of the reduction. | ||
(g) Deposits into the Commitment to Human Services Fund. | ||
Beginning February 1, 2015, the Department shall deposit the | ||
following portions of the revenue realized from the tax imposed | ||
upon individuals, trusts, and estates by subsections (a) and | ||
(b) of Section 201 of this Act during the preceding month, | ||
minus deposits into the Income Tax Refund Fund, into the | ||
Commitment to Human Services Fund: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this | ||
subsection (g) on or after the effective date of the reduction. | ||
(h) Deposits into the Tax Compliance and Administration | ||
Fund. Beginning on the first day of the first calendar month to | ||
occur on or after August 26, 2014 ( the effective date of Public | ||
Act 98-1098) this amendatory Act of the 98th General Assembly , | ||
each month the Department shall pay into the Tax Compliance and | ||
Administration Fund, to be used, subject to appropriation, to | ||
fund additional auditors and compliance personnel at the | ||
Department, an amount equal to 1/12 of 5% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department from the tax imposed by subsections (a), (b), | ||
(c), and (d) of Section 201 of this Act, net of deposits into |
the Income Tax Refund Fund made from those cash receipts. | ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14; | ||
98-1098, eff. 8-26-14; revised 9-26-14.) | ||
Section 145. The Use Tax Act is amended by changing Section | ||
2 as follows:
| ||
(35 ILCS 105/2) (from Ch. 120, par. 439.2)
| ||
Sec. 2. Definitions. | ||
"Use" means the exercise by any person of any right or | ||
power over
tangible personal property incident to the ownership | ||
of that property,
except that it does not include the sale of | ||
such property in any form as
tangible personal property in the | ||
regular course of business to the extent
that such property is | ||
not first subjected to a use for which it was
purchased, and | ||
does not include the use of such property by its owner for
| ||
demonstration purposes: Provided that the property purchased | ||
is deemed to
be purchased for the purpose of resale, despite | ||
first being used, to the
extent to which it is resold as an | ||
ingredient of an intentionally produced
product or by-product | ||
of manufacturing. "Use" does not mean the demonstration
use or | ||
interim use of tangible personal property by a retailer before | ||
he sells
that tangible personal property. For watercraft or | ||
aircraft, if the period of
demonstration use or interim use by | ||
the retailer exceeds 18 months,
the retailer
shall pay on the |
retailers' original cost price the tax imposed by this Act,
and | ||
no credit for that tax is permitted if the watercraft or | ||
aircraft is
subsequently sold by the retailer. "Use" does not | ||
mean the physical
incorporation of tangible personal property, | ||
to the extent not first subjected
to a use for which it was | ||
purchased, as an ingredient or constituent, into
other tangible | ||
personal property (a) which is sold in the regular course of
| ||
business or (b) which the person incorporating such ingredient | ||
or constituent
therein has undertaken at the time of such | ||
purchase to cause to be transported
in interstate commerce to | ||
destinations outside the State of Illinois: Provided
that the | ||
property purchased is deemed to be purchased for the purpose of
| ||
resale, despite first being used, to the extent to which it is | ||
resold as an
ingredient of an intentionally produced product or | ||
by-product of manufacturing.
| ||
"Watercraft" means a Class 2, Class 3, or Class 4 | ||
watercraft as defined in
Section 3-2 of the Boat Registration | ||
and Safety Act, a personal watercraft, or
any boat equipped | ||
with an inboard motor.
| ||
"Purchase at retail" means the acquisition of the ownership | ||
of or title
to tangible personal property through a sale at | ||
retail.
| ||
"Purchaser" means anyone who, through a sale at retail, | ||
acquires the
ownership of tangible personal property for a | ||
valuable consideration.
| ||
"Sale at retail" means any transfer of the ownership of or |
title to
tangible personal property to a purchaser, for the | ||
purpose of use, and not
for the purpose of resale in any form | ||
as tangible personal property to the
extent not first subjected | ||
to a use for which it was purchased, for a
valuable | ||
consideration: Provided that the property purchased is deemed | ||
to
be purchased for the purpose of resale, despite first being | ||
used, to the
extent to which it is resold as an ingredient of | ||
an intentionally produced
product or by-product of | ||
manufacturing. For this purpose, slag produced as
an incident | ||
to manufacturing pig iron or steel and sold is considered to be
| ||
an intentionally produced by-product of manufacturing. "Sale | ||
at retail"
includes any such transfer made for resale unless | ||
made in compliance with
Section 2c of the Retailers' Occupation | ||
Tax Act, as incorporated by
reference into Section 12 of this | ||
Act. Transactions whereby the possession
of the property is | ||
transferred but the seller retains the title as security
for | ||
payment of the selling price are sales.
| ||
"Sale at retail" shall also be construed to include any | ||
Illinois
florist's sales transaction in which the purchase | ||
order is received in
Illinois by a florist and the sale is for | ||
use or consumption, but the
Illinois florist has a florist in | ||
another state deliver the property to the
purchaser or the | ||
purchaser's donee in such other state.
| ||
Nonreusable tangible personal property that is used by | ||
persons engaged in
the business of operating a restaurant, | ||
cafeteria, or drive-in is a sale for
resale when it is |
transferred to customers in the ordinary course of business
as | ||
part of the sale of food or beverages and is used to deliver, | ||
package, or
consume food or beverages, regardless of where | ||
consumption of the food or
beverages occurs. Examples of those | ||
items include, but are not limited to
nonreusable, paper and | ||
plastic cups, plates, baskets, boxes, sleeves, buckets
or other | ||
containers, utensils, straws, placemats, napkins, doggie bags, | ||
and
wrapping or packaging
materials that are transferred to | ||
customers as part of the sale of food or
beverages in the | ||
ordinary course of business.
| ||
The purchase, employment and transfer of such tangible | ||
personal property
as newsprint and ink for the primary purpose | ||
of conveying news (with or
without other information) is not a | ||
purchase, use or sale of tangible
personal property.
| ||
"Selling price" means the consideration for a sale valued | ||
in money
whether received in money or otherwise, including | ||
cash, credits, property
other than as hereinafter provided, and | ||
services, but not including the
value of or credit given for | ||
traded-in tangible personal property where the
item that is | ||
traded-in is of like kind and character as that which is being
| ||
sold, and shall be determined without any deduction on account | ||
of the cost
of the property sold, the cost of materials used, | ||
labor or service cost or
any other expense whatsoever, but does | ||
not include interest or finance
charges which appear as | ||
separate items on the bill of sale or sales
contract nor | ||
charges that are added to prices by sellers on account of the
|
seller's tax liability under the "Retailers' Occupation Tax | ||
Act", or on
account of the seller's duty to collect, from the | ||
purchaser, the tax that
is imposed by this Act, or, except as | ||
otherwise provided with respect to any cigarette tax imposed by | ||
a home rule unit, on account of the seller's tax liability | ||
under any local occupation tax administered by the Department, | ||
or, except as otherwise provided with respect to any cigarette | ||
tax imposed by a home rule unit on account of the seller's duty | ||
to collect, from the purchasers, the tax that is imposed under | ||
any local use tax administered by the Department. Effective | ||
December 1, 1985, "selling price"
shall include charges that | ||
are added to prices by sellers on account of the
seller's tax | ||
liability under the Cigarette Tax Act, on account of the | ||
seller's
duty to collect, from the purchaser, the tax imposed | ||
under the Cigarette Use
Tax Act, and on account of the seller's | ||
duty to collect, from the purchaser,
any cigarette tax imposed | ||
by a home rule unit.
| ||
Notwithstanding any law to the contrary, for any motor | ||
vehicle, as defined in Section 1-146 of the Vehicle Code, that | ||
is sold on or after January 1, 2015 for the purpose of leasing | ||
the vehicle for a defined period that is longer than one year | ||
and (1) is a motor vehicle of the second division that: (A) is | ||
a self-contained motor vehicle designed or permanently | ||
converted to provide living quarters for recreational, | ||
camping, or travel use, with direct walk through access to the | ||
living quarters from the driver's seat; (B) is of the van |
configuration designed for the transportation of not less than | ||
7 nor more than 16 passengers; or (C) has a gross vehicle | ||
weight rating of 8,000 pounds or less or (2) is a motor vehicle | ||
of the first division, "selling price" or "amount of sale" | ||
means the consideration received by the lessor pursuant to the | ||
lease contract, including amounts due at lease signing and all | ||
monthly or other regular payments charged over the term of the | ||
lease. Also included in the selling price is any amount | ||
received by the lessor from the lessee for the leased vehicle | ||
that is not calculated at the time the lease is executed, | ||
including, but not limited to, excess mileage charges and | ||
charges for excess wear and tear. For sales that occur in | ||
Illinois, with respect to any amount received by the lessor | ||
from the lessee for the leased vehicle that is not calculated | ||
at the time the lease is executed, the lessor who purchased the | ||
motor vehicle does not incur the tax imposed by the Use Tax Act | ||
on those amounts, and the retailer who makes the retail sale of | ||
the motor vehicle to the lessor is not required to collect the | ||
tax imposed by this Act or to pay the tax imposed by the | ||
Retailers' Occupation Tax Act on those amounts. However, the | ||
lessor who purchased the motor vehicle assumes the liability | ||
for reporting and paying the tax on those amounts directly to | ||
the Department in the same form (Illinois Retailers' Occupation | ||
Tax, and local retailers' occupation taxes, if applicable) in | ||
which the retailer would have reported and paid such tax if the | ||
retailer had accounted for the tax to the Department. For |
amounts received by the lessor from the lessee that are not | ||
calculated at the time the lease is executed, the lessor must | ||
file the return and pay the tax to the Department by the due | ||
date otherwise required by this Act for returns other than | ||
transaction returns. If the retailer is entitled under this Act | ||
to a discount for collecting and remitting the tax imposed | ||
under this Act to the Department with respect to the sale of | ||
the motor vehicle to the lessor, then the right to the discount | ||
provided in this Act shall be transferred to the lessor with | ||
respect to the tax paid by the lessor for any amount received | ||
by the lessor from the lessee for the leased vehicle that is | ||
not calculated at the time the lease is executed; provided that | ||
the discount is only allowed if the return is timely filed and | ||
for amounts timely paid. The "selling price" of a motor vehicle | ||
that is sold on or after January 1, 2015 for the purpose of | ||
leasing for a defined period of longer than one year shall not | ||
be reduced by the value of or credit given for traded-in | ||
tangible personal property owned by the lessor, nor shall it be | ||
reduced by the value of or credit given for traded-in tangible | ||
personal property owned by the lessee, regardless of whether | ||
the trade-in value thereof is assigned by the lessee to the | ||
lessor. In the case of a motor vehicle that is sold for the | ||
purpose of leasing for a defined period of longer than one | ||
year, the sale occurs at the time of the delivery of the | ||
vehicle, regardless of the due date of any lease payments. A | ||
lessor who incurs a Retailers' Occupation Tax liability on the |
sale of a motor vehicle coming off lease may not take a credit | ||
against that liability for the Use Tax the lessor paid upon the | ||
purchase of the motor vehicle (or for any tax the lessor paid | ||
with respect to any amount received by the lessor from the | ||
lessee for the leased vehicle that was not calculated at the | ||
time the lease was executed) if the selling price of the motor | ||
vehicle at the time of purchase was calculated using the | ||
definition of "selling price" as defined in this paragraph. | ||
Notwithstanding any other provision of this Act to the | ||
contrary, lessors shall file all returns and make all payments | ||
required under this paragraph to the Department by electronic | ||
means in the manner and form as required by the Department. | ||
This paragraph does not apply to leases of motor vehicles for | ||
which, at the time the lease is entered into, the term of the | ||
lease is not a defined period, including leases with a defined | ||
initial period with the option to continue the lease on a | ||
month-to-month or other basis beyond the initial defined | ||
period. | ||
The phrase "like kind and character" shall be liberally | ||
construed
(including but not limited to any form of motor | ||
vehicle for any form of
motor vehicle, or any kind of farm or | ||
agricultural implement for any other
kind of farm or | ||
agricultural implement), while not including a kind of item
| ||
which, if sold at retail by that retailer, would be exempt from | ||
retailers'
occupation tax and use tax as an isolated or | ||
occasional sale.
|
"Department" means the Department of Revenue.
| ||
"Person" means any natural individual, firm, partnership, | ||
association,
joint stock company, joint adventure, public or | ||
private corporation, limited
liability company, or a
receiver, | ||
executor, trustee, guardian or other representative appointed
| ||
by order of any court.
| ||
"Retailer" means and includes every person engaged in the | ||
business of
making sales at retail as defined in this Section.
| ||
A person who holds himself or herself out as being engaged | ||
(or who habitually
engages) in selling tangible personal | ||
property at retail is a retailer
hereunder with respect to such | ||
sales (and not primarily in a service
occupation) | ||
notwithstanding the fact that such person designs and produces
| ||
such tangible personal property on special order for the | ||
purchaser and in
such a way as to render the property of value | ||
only to such purchaser, if
such tangible personal property so | ||
produced on special order serves
substantially the same | ||
function as stock or standard items of tangible
personal | ||
property that are sold at retail.
| ||
A person whose activities are organized and conducted | ||
primarily as a
not-for-profit service enterprise, and who | ||
engages in selling tangible
personal property at retail | ||
(whether to the public or merely to members and
their guests) | ||
is a retailer with respect to such transactions, excepting
only | ||
a person organized and operated exclusively for charitable, | ||
religious
or educational purposes either (1), to the extent of |
sales by such person
to its members, students, patients or | ||
inmates of tangible personal property
to be used primarily for | ||
the purposes of such person, or (2), to the extent
of sales by | ||
such person of tangible personal property which is not sold or
| ||
offered for sale by persons organized for profit. The selling | ||
of school
books and school supplies by schools at retail to | ||
students is not
"primarily for the purposes of" the school | ||
which does such selling. This
paragraph does not apply to nor | ||
subject to taxation occasional dinners,
social or similar | ||
activities of a person organized and operated exclusively
for | ||
charitable, religious or educational purposes, whether or not | ||
such
activities are open to the public.
| ||
A person who is the recipient of a grant or contract under | ||
Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and | ||
serves meals to
participants in the federal Nutrition Program | ||
for the Elderly in return for
contributions established in | ||
amount by the individual participant pursuant
to a schedule of | ||
suggested fees as provided for in the federal Act is not a
| ||
retailer under this Act with respect to such transactions.
| ||
Persons who engage in the business of transferring tangible | ||
personal
property upon the redemption of trading stamps are | ||
retailers hereunder when
engaged in such business.
| ||
The isolated or occasional sale of tangible personal | ||
property at retail
by a person who does not hold himself out as | ||
being engaged (or who does not
habitually engage) in selling | ||
such tangible personal property at retail or
a sale through a |
bulk vending machine does not make such person a retailer
| ||
hereunder. However, any person who is engaged in a business | ||
which is not
subject to the tax imposed by the "Retailers' | ||
Occupation Tax Act" because
of involving the sale of or a | ||
contract to sell real estate or a
construction contract to | ||
improve real estate, but who, in the course of
conducting such | ||
business, transfers tangible personal property to users or
| ||
consumers in the finished form in which it was purchased, and | ||
which does
not become real estate, under any provision of a | ||
construction contract or
real estate sale or real estate sales | ||
agreement entered into with some
other person arising out of or | ||
because of such nontaxable business, is a
retailer to the | ||
extent of the value of the tangible personal property so
| ||
transferred. If, in such transaction, a separate charge is made | ||
for the
tangible personal property so transferred, the value of | ||
such property, for
the purposes of this Act, is the amount so | ||
separately charged, but not less
than the cost of such property | ||
to the transferor; if no separate charge is
made, the value of | ||
such property, for the purposes of this Act, is the cost
to the | ||
transferor of such tangible personal property.
| ||
"Retailer maintaining a place of business in this State", | ||
or any like
term, means and includes any of the following | ||
retailers:
| ||
1. A retailer having or maintaining within this State, | ||
directly or by
a subsidiary, an office, distribution house, | ||
sales house, warehouse or other
place of business, or any |
agent or other representative operating within this
State | ||
under the authority of the retailer or its subsidiary, | ||
irrespective of
whether such place of business or agent or | ||
other representative is located here
permanently or | ||
temporarily, or whether such retailer or subsidiary is | ||
licensed
to do business in this State. However, the | ||
ownership of property that is
located at the premises of a | ||
printer with which the retailer has contracted for
printing | ||
and that consists of the final printed product, property | ||
that becomes
a part of the final printed product, or copy | ||
from which the printed product is
produced shall not result | ||
in the retailer being deemed to have or maintain an
office, | ||
distribution house, sales house, warehouse, or other place | ||
of business
within this State. | ||
1.1. A retailer having a contract with a person located | ||
in this State under which the person, for a commission or | ||
other consideration based upon the sale of tangible | ||
personal property by the retailer, directly or indirectly | ||
refers potential customers to the retailer by providing to | ||
the potential customers a promotional code or other | ||
mechanism that allows the retailer to track purchases | ||
referred by such persons. Examples of mechanisms that allow | ||
the retailer to track purchases referred by such persons | ||
include but are not limited to the use of a link on the | ||
person's Internet website, promotional codes distributed | ||
through the person's hand-delivered or mailed material, |
and promotional codes distributed by the person through | ||
radio or other broadcast media. The provisions of this | ||
paragraph 1.1 shall apply only if the cumulative gross | ||
receipts from sales of tangible personal property by the | ||
retailer to customers who are referred to the retailer by | ||
all persons in this State under such contracts exceed | ||
$10,000 during the preceding 4 quarterly periods ending on | ||
the last day of March, June, September, and December. A | ||
retailer meeting the requirements of this paragraph 1.1 | ||
shall be presumed to be maintaining a place of business in | ||
this State but may rebut this presumption by submitting | ||
proof that the referrals or other activities pursued within | ||
this State by such persons were not sufficient to meet the | ||
nexus standards of the United States Constitution during | ||
the preceding 4 quarterly periods. | ||
1.2. Beginning July 1, 2011, a retailer having a | ||
contract with a person located in this State under which: | ||
A. the retailer sells the same or substantially | ||
similar line of products as the person located in this | ||
State and does so using an identical or substantially | ||
similar name, trade name, or trademark as the person | ||
located in this State; and | ||
B. the retailer provides a commission or other | ||
consideration to the person located in this State based | ||
upon the sale of tangible personal property by the | ||
retailer. |
The provisions of this paragraph 1.2 shall apply only if | ||
the cumulative gross receipts from sales of tangible | ||
personal property by the retailer to customers in this | ||
State under all such contracts exceed $10,000 during the | ||
preceding 4 quarterly periods ending on the last day of | ||
March, June, September, and December.
| ||
2. A retailer soliciting orders for tangible personal | ||
property by
means of a telecommunication or television | ||
shopping system (which utilizes toll
free numbers) which is | ||
intended by the retailer to be broadcast by cable
| ||
television or other means of broadcasting, to consumers | ||
located in this State.
| ||
3. A retailer, pursuant to a contract with a | ||
broadcaster or publisher
located in this State, soliciting | ||
orders for tangible personal property by
means of | ||
advertising which is disseminated primarily to consumers | ||
located in
this State and only secondarily to bordering | ||
jurisdictions.
| ||
4. A retailer soliciting orders for tangible personal | ||
property by mail
if the solicitations are substantial and | ||
recurring and if the retailer benefits
from any banking, | ||
financing, debt collection, telecommunication, or | ||
marketing
activities occurring in this State or benefits | ||
from the location in this State
of authorized installation, | ||
servicing, or repair facilities.
| ||
5. A retailer that is owned or controlled by the same |
interests that own
or control any retailer engaging in | ||
business in the same or similar line of
business in this | ||
State.
| ||
6. A retailer having a franchisee or licensee operating | ||
under its trade
name if the franchisee or licensee is | ||
required to collect the tax under this
Section.
| ||
7. A retailer, pursuant to a contract with a cable | ||
television operator
located in this State, soliciting | ||
orders for tangible personal property by
means of | ||
advertising which is transmitted or distributed over a | ||
cable
television system in this State.
| ||
8. A retailer engaging in activities in Illinois, which | ||
activities in
the state in which the retail business | ||
engaging in such activities is located
would constitute | ||
maintaining a place of business in that state.
| ||
"Bulk vending machine" means a vending machine,
containing | ||
unsorted confections, nuts, toys, or other items designed
| ||
primarily to be used or played with by children
which, when a | ||
coin or coins of a denomination not larger than $0.50 are | ||
inserted, are dispensed in equal portions, at random and
| ||
without selection by the customer.
| ||
(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14; | ||
98-1089, eff. 1-1-15; revised 10-1-14.)
| ||
Section 150. The Cigarette Tax Act is amended by changing | ||
Section 4g as follows: |
(35 ILCS 130/4g) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 4g. Retailer's license. Beginning on January 1, 2016, | ||
no person may engage in business as a retailer of cigarettes in | ||
this State without first having obtained a license from the | ||
Department. Application for license shall be made to the | ||
Department, by electronic means, in a form prescribed by the | ||
Department. Each applicant for a license under this Section | ||
shall furnish to the Department, in an electronic format | ||
established by the Department, the following information: | ||
(1) the name and address of the applicant; | ||
(2) the address of the location at which the applicant | ||
proposes to engage in business as a retailer of cigarettes | ||
in this State; and | ||
(3) such other additional information as the | ||
Department may lawfully require by its rules and | ||
regulations. | ||
The annual license fee payable to the Department for each | ||
retailer's license shall be $75. The fee shall be deposited | ||
into the Tax Compliance and Administration Fund and shall be | ||
for the cost of tobacco retail inspection and contraband | ||
tobacco and tobacco smuggling with at least two-thirds of the | ||
money being used for contraband tobacco and tobacco smuggling | ||
operations and enforcement. |
Each applicant for a license shall pay the fee to the | ||
Department at the time of submitting its application for a | ||
license to the Department. The Department shall require an | ||
applicant for a license under this Section to electronically | ||
file and pay the fee. | ||
A separate annual license fee shall be paid for each place | ||
of business at which a person who is required to procure a | ||
retailer's license under this Section proposes to engage in | ||
business as a retailer in Illinois under this Act. | ||
The following are ineligible to receive a retailer's | ||
license under this Act: | ||
(1) a person who has been convicted of a felony related | ||
to the illegal transportation, sale, or distribution of | ||
cigarettes, or a tobacco-related felony, under any federal | ||
or State law, if the Department, after investigation and a | ||
hearing if requested by the applicant, determines that the | ||
person has not been sufficiently rehabilitated to warrant | ||
the public trust; or | ||
(2) a corporation, if any officer, manager, or director | ||
thereof, or any stockholder or stockholders owning in the | ||
aggregate more than 5% of the stock of such corporation, | ||
would not be eligible to receive a license under this Act | ||
for any reason. | ||
The Department, upon receipt of an application and license | ||
fee, in proper form, from a person who is eligible to receive a | ||
retailer's license under this Act, shall issue to such |
applicant a license in form as prescribed by the Department. | ||
That license shall permit the applicant to whom it is issued to | ||
engage in business as a retailer under this Act at the place | ||
shown in his or her application. All licenses issued by the | ||
Department under this Section shall be valid for a period not | ||
to exceed one year after issuance unless sooner revoked, | ||
canceled, or suspended as provided in this Act. No license | ||
issued under this Section is transferable or assignable. The | ||
license shall be conspicuously displayed in the place of | ||
business conducted by the licensee in Illinois under such | ||
license. The Department shall not issue a retailer's license to | ||
a retailer unless the retailer is also registered under the | ||
Retailers' Occupation Tax Act. A person who obtains a license | ||
as a retailer who ceases to do business as specified in the | ||
license, or who never commenced business, or who obtains a | ||
distributor's license, or whose license is suspended or | ||
revoked, shall immediately surrender the license to the | ||
Department. | ||
Any person aggrieved by any decision of the Department | ||
under this Section subsection may, within 30 days after notice | ||
of the decision, protest and request a hearing. Upon receiving | ||
a request for a hearing, the Department shall give written | ||
notice to the person requesting the hearing of the time and | ||
place fixed for the hearing and shall hold a hearing in | ||
conformity with the provisions of this Act and then issue its | ||
final administrative decision in the matter to that person. In |
the absence of a protest and request for a hearing within 30 | ||
days, the Department's decision shall become final without any | ||
further determination being made or notice given.
| ||
(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.) | ||
Section 155. The Tobacco Products Tax Act of 1995 is | ||
amended by changing Section 10-21 as follows: | ||
(35 ILCS 143/10-21) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 10-21. Retailer's license. Beginning on January 1, | ||
2016, no person may engage in business as a retailer of tobacco | ||
products in this State without first having obtained a license | ||
from the Department. Application for license shall be made to | ||
the Department, by electronic means, in a form prescribed by | ||
the Department. Each applicant for a license under this Section | ||
shall furnish to the Department, in an electronic format | ||
established by the Department, the following information: | ||
(1) the name and address of the applicant; | ||
(2) the address of the location at which the applicant | ||
proposes to engage in business as a retailer of tobacco | ||
products in this State; | ||
(3) such other additional information as the | ||
Department may lawfully require by its rules and | ||
regulations. |
The annual license fee payable to the Department for each | ||
retailer's license shall be $75. The fee will be deposited into | ||
the Tax Compliance and Administration Fund and shall be used | ||
for the cost of tobacco retail inspection and contraband | ||
tobacco and tobacco smuggling with at least two-thirds of the | ||
money being used for contraband tobacco and tobacco smuggling | ||
operations and enforcement. | ||
Each applicant for license shall pay such fee to the | ||
Department at the time of submitting its application for | ||
license to the Department. The Department shall require an | ||
applicant for a license under this Section to electronically | ||
file and pay the fee. | ||
A separate annual license fee shall be paid for each place | ||
of business at which a person who is required to procure a | ||
retailer's license under this Section proposes to engage in | ||
business as a retailer in Illinois under this Act. | ||
The following are ineligible to receive a retailer's | ||
license under this Act: | ||
(1) a person who has been convicted of a felony under | ||
any federal or State law for smuggling cigarettes or | ||
tobacco products or tobacco tax evasion, if the Department, | ||
after investigation and a hearing if requested by the | ||
applicant, determines that such person has not been | ||
sufficiently rehabilitated to warrant the public trust; | ||
and | ||
(2) a corporation, if any officer, manager or director |
thereof, or any stockholder or stockholders owning in the | ||
aggregate more than 5% of the stock of such corporation, | ||
would not be eligible to receive a license under this Act | ||
for any reason. | ||
The Department, upon receipt of an application and license | ||
fee, in proper form, from a person who is eligible to receive a | ||
retailer's license under this Act, shall issue to such | ||
applicant a license in form as prescribed by the Department, | ||
which license shall permit the applicant to which it is issued | ||
to engage in business as a retailer under this Act at the place | ||
shown in his application. All licenses issued by the Department | ||
under this Section shall be valid for a period not to exceed | ||
one year after issuance unless sooner revoked, canceled or | ||
suspended as provided in this Act. No license issued under this | ||
Section is transferable or assignable. Such license shall be | ||
conspicuously displayed in the place of business conducted by | ||
the licensee in Illinois under such license. A person who | ||
obtains a license as a retailer who ceases to do business as | ||
specified in the license, or who never commenced business, or | ||
who obtains a distributor's license, or whose license is | ||
suspended or revoked, shall immediately surrender the license | ||
to the Department. The Department shall not issue a license to | ||
a retailer unless the retailer is also validly registered under | ||
the Retailers Occupation Tax Act. | ||
A retailer as defined under this Act need not obtain an | ||
additional license under this Act, but shall be deemed to be |
sufficiently licensed by virtue of his being properly licensed | ||
as a retailer under Section 4g of the Cigarette Tax Act. | ||
Any person aggrieved by any decision of the Department | ||
under this Section subsection may, within 30 days after notice | ||
of the decision, protest and request a hearing. Upon receiving | ||
a request for a hearing, the Department shall give notice to | ||
the person requesting the hearing of the time and place fixed | ||
for the hearing and shall hold a hearing in conformity with the | ||
provisions of this Act and then issue its final administrative | ||
decision in the matter to that person. In the absence of a | ||
protest and request for a hearing within 30 days, the | ||
Department's decision shall become final without any further | ||
determination being made or notice given.
| ||
(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.) | ||
Section 160. The Local Government Disaster Service | ||
Volunteer Act is amended by changing Section 15 as follows: | ||
(50 ILCS 122/15)
| ||
Sec. 15. Local government disaster service volunteer | ||
leave. An employee of
a local agency who is a certified | ||
disaster service volunteer of the American
Red Cross or | ||
assigned to the Illinois Emergency Management Agency in
| ||
accordance with the Illinois Emergency Management Agency Act, | ||
the Emergency Management
Assistance Compact Act, or other | ||
applicable administrative rules may be
granted leave from his |
or her work with pay for not more than
20 working days in any | ||
12-month period to participate in specialized disaster
relief | ||
services for the American Red Cross or for the Illinois | ||
Emergency
Management Agency, as
the case may be, upon
the | ||
request of the American
Red Cross or the Illinois Emergency | ||
Management Agency for the services of
that employee and upon
| ||
the approval of that
employee's agency, without loss of | ||
seniority, pay, vacation time, compensatory
time, personal | ||
days, sick time, or earned overtime accumulation. The agency
| ||
must compensate an employee granted leave under this Section at | ||
his or her
regular rate of pay for those regular work hours | ||
during which the employee is
absent from work. Leave under this | ||
Act shall not be unreasonably denied for
services related to a | ||
disaster within the United States or its territories.
| ||
(Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04; | ||
revised 12-1-14.)
| ||
Section 165. The Illinois Police Training Act is amended by | ||
changing Section 9 as follows:
| ||
(50 ILCS 705/9) (from Ch. 85, par. 509)
| ||
Sec. 9.
A special fund is hereby established in the State | ||
Treasury to
be known as the "The Traffic and Criminal | ||
Conviction Surcharge Fund " and shall
be financed as provided in | ||
Section 9.1 of this Act and Section 5-9-1 of the
" Unified Code | ||
of Corrections " , unless the fines, costs , or additional
amounts |
imposed are subject to disbursement by the circuit clerk under
| ||
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund | ||
shall be
expended as follows:
| ||
(1) a A portion of the total amount deposited in the | ||
Fund may be used, as
appropriated by the General Assembly, | ||
for the ordinary and contingent expenses
of the Illinois | ||
Law Enforcement Training Standards Board;
| ||
(2) a A portion of the total amount deposited in the | ||
Fund
shall be appropriated for the reimbursement of local | ||
governmental agencies
participating in training programs | ||
certified by the Board, in an amount
equaling 1/2 of the | ||
total sum paid by such agencies during the State's previous
| ||
fiscal year for mandated training for probationary police | ||
officers or
probationary county corrections officers and | ||
for optional advanced and
specialized law enforcement or | ||
county corrections training ; these . These
reimbursements | ||
may include the costs for tuition at training schools, the
| ||
salaries of trainees while in schools, and the necessary | ||
travel and room
and board expenses for each trainee ; if . If | ||
the appropriations under this
paragraph (2) are not | ||
sufficient to fully reimburse the participating local
| ||
governmental agencies, the available funds shall be | ||
apportioned among such
agencies, with priority first given | ||
to repayment of the costs of mandatory
training given to | ||
law enforcement officer or county corrections officer
| ||
recruits, then to repayment of costs of advanced or |
specialized training
for permanent police officers or | ||
permanent county corrections officers;
| ||
(3) a A portion of the total amount deposited in the | ||
Fund may be used to
fund the " Intergovernmental Law | ||
Enforcement Officer's In-Service Training
Act " , veto | ||
overridden October 29, 1981, as now or hereafter amended, | ||
at
a rate and method to be determined by the board;
| ||
(4) a A portion of the Fund also may be used by the | ||
Illinois Department
of State Police for expenses incurred | ||
in the training of employees from
any State, county or | ||
municipal agency whose function includes enforcement
of | ||
criminal or traffic law;
| ||
(5) a A portion of the Fund may be used by the Board to | ||
fund grant-in-aid
programs and services for the training of | ||
employees from any county or
municipal agency whose | ||
functions include corrections or the enforcement of
| ||
criminal or traffic
law;
| ||
(6) for For fiscal years 2013, 2014, and 2015 only, a | ||
portion of the Fund also may be used by the
Department of | ||
State Police to finance any of its lawful purposes or | ||
functions; and | ||
(7) a A portion of the Fund may be used by the Board, | ||
subject to appropriation, to administer grants to local law | ||
enforcement agencies for the purpose of purchasing | ||
bulletproof vests under the Law Enforcement Officer | ||
Bulletproof Vest Act. |
All payments from the Traffic and Criminal Conviction | ||
Surcharge Fund shall
be made each year from moneys appropriated | ||
for the purposes specified in
this Section. No more than 50% of | ||
any appropriation under this Act shall be
spent in any city | ||
having a population of more than 500,000. The State
Comptroller | ||
and the State Treasurer shall from time to time, at the
| ||
direction of the Governor, transfer from the Traffic and | ||
Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||
in the State Treasury
such amounts as the Governor determines | ||
are in excess of the amounts
required to meet the obligations | ||
of the Traffic and Criminal Conviction
Surcharge Fund.
| ||
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | ||
98-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)
| ||
Section 170. The Children's Advocacy Center Act is amended | ||
by changing Section 4 as follows:
| ||
(55 ILCS 80/4) (from Ch. 23, par. 1804)
| ||
Sec. 4. Children's Advocacy Center.
| ||
(a) A CAC may be
established to coordinate the activities | ||
of the various agencies involved
in the investigation, | ||
prosecution and treatment of child maltreatment. The | ||
individual county or regional Advisory Board shall set the | ||
written protocol of the CAC within the appropriate | ||
jurisdiction.
The operation of the CAC may be funded through | ||
public or private grants, contracts, donations, fees, and
other |
available sources under this Act. Each CAC shall operate to the | ||
best of its ability in accordance with available funding. In | ||
counties in which a referendum has been adopted
under Section 5 | ||
of this Act, the Advisory Board, by the majority vote of its | ||
members, shall submit a
proposed annual budget for the | ||
operation of the CAC to the county board,
which shall | ||
appropriate funds and levy a tax sufficient to
operate the CAC. | ||
The county board in each county in which a
referendum has been | ||
adopted shall establish a Children's Advocacy
Center Fund and | ||
shall deposit the net proceeds of the tax authorized by
Section | ||
6 of this Act in that Fund, which shall be kept separate from | ||
all
other county funds and shall only be used for the purposes | ||
of this Act.
| ||
(b) The Advisory Board shall pay from the Children's | ||
Advocacy Center
Fund or from other available funds the salaries | ||
of all employees of the
Center and the expenses of acquiring a | ||
physical plant for
the Center by construction or lease and | ||
maintaining the Center, including
the expenses of | ||
administering the coordination of the investigation,
| ||
prosecution and treatment referral of child maltreatment under | ||
the provisions of the protocol
adopted pursuant to this Act.
| ||
(c) Every CAC shall include at least the following | ||
components:
| ||
(1) A multidisciplinary, coordinated systems approach | ||
to the
investigation of child maltreatment which shall | ||
include, at a minimum : ;
|
(i) an interagency notification procedure;
| ||
(ii) a policy on multidisciplinary team | ||
collaboration and communication that requires MDT | ||
members share information pertinent to investigations | ||
and the safety of children;
| ||
(iii) (blank);
| ||
(iv) a description of the role each agency has in | ||
responding to a referral for services in an individual | ||
case;
| ||
(v) a dispute resolution process between the | ||
involved agencies when a conflict arises on how to | ||
proceed on the referral of a particular case; | ||
(vi) a process for the CAC to assist in the | ||
forensic interview of children that witness alleged | ||
crimes; | ||
(vii) a child-friendly, trauma informed space for | ||
children and their non-offending family members; | ||
(viii) an MDT approach including law enforcement, | ||
prosecution, medical, mental health, victim advocacy, | ||
and other community resources; | ||
(ix) medical evaluation on-site or off-site | ||
through referral; | ||
(x) mental health services on-site or off-site | ||
through referral; | ||
(xi) on-site forensic interviews; | ||
(xii) culturally competent services; |
(xiii) case tracking and review; | ||
(xiv) case staffing on each investigation; | ||
(xv) effective organizational capacity; and | ||
(xvi) a policy or procedure to familiarize a child | ||
and his or her non-offending family members or | ||
guardians with the court process as well as | ||
preparations for testifying in court, if necessary ; . | ||
(2) A safe, separate space with assigned personnel | ||
designated for the
investigation and coordination of child | ||
maltreatment cases;
| ||
(3) A multidisciplinary case review process for | ||
purposes of
decision-making, problem solving, systems | ||
coordination, and information
sharing;
| ||
(4) A comprehensive client tracking system to receive | ||
and coordinate
information concerning child maltreatment | ||
cases from each participating agency;
| ||
(5) Multidisciplinary specialized training for all | ||
professionals involved
with the victims and non-offending | ||
family members in child maltreatment cases; and
| ||
(6) A process for evaluating the effectiveness of the | ||
CAC and its
operations.
| ||
(d) In the event that a CAC has been established as | ||
provided in this
Section, the Advisory Board of that CAC may, | ||
by a majority vote of the members,
authorize the CAC to | ||
coordinate the activities of the various agencies
involved in | ||
the investigation, prosecution, and treatment referral in |
cases of serious or fatal injury to a
child. For CACs receiving | ||
funds under Section 5 or 6 of this Act, the Advisory Board | ||
shall provide for the financial
support of these activities in | ||
a manner similar to that set out in subsections
(a) and (b) of | ||
this Section and shall be allowed to submit a budget that
| ||
includes support for physical abuse and neglect activities to | ||
the County Board,
which shall appropriate funds that may be | ||
available under Section 5 of this
Act. In cooperation with the | ||
Department of Children and Family Services Child Death Review | ||
Teams, the Department of Children and Family Services Office of | ||
the Inspector General, and other stakeholders, this protocol | ||
must be initially implemented in selected counties to the | ||
extent that State appropriations or funds from other sources | ||
for this purpose allow.
| ||
(e) CACI may also provide technical
assistance and guidance | ||
to the Advisory Boards.
| ||
(Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)
| ||
Section 175. The Township Code is amended by changing | ||
Section 30-50 as follows:
| ||
(60 ILCS 1/30-50)
| ||
Sec. 30-50. Purchase and use of property.
| ||
(a) The electors may make all orders for the
purchase, | ||
sale, conveyance,
regulation, or use of the township's | ||
corporate property (including
the direct
sale or lease of |
single township road district property) that may be deemed | ||
conducive
to
the interests of its inhabitants, including the | ||
lease, for up to 10 years, or for up to 25 years if the lease is | ||
for a wireless telecommunications tower, at
fair market value, | ||
of corporate property for which no use or need during the
lease | ||
period is anticipated at the time of leasing. The property may | ||
be leased
to another governmental body, however,
or to a | ||
not-for-profit corporation that has contracted to construct or | ||
fund
the construction of a structure or improvement upon the | ||
real estate owned by
the township and that has contracted with | ||
the township to allow the township to
use at least a portion of | ||
the structure or improvement to be constructed upon
the real | ||
estate leased and not otherwise used by the township,
for any | ||
term not exceeding 50 years and
for any consideration.
In the | ||
case of a not-for-profit corporation, the township shall hold a | ||
public
hearing on the proposed lease. The township clerk shall | ||
give
notice of the hearing
by publication in a newspaper | ||
published in the township,
or in a newspaper published in the | ||
county and having general
circulation in the township if no | ||
newspaper is published in the township, and
by posting notices | ||
in at least 5 public places
at least 15 days before the public | ||
hearing.
| ||
(b) If a new tax is to be levied or an existing tax rate is | ||
to be increased
above the statutory limits for the purchase of | ||
the property, however, no action
otherwise authorized in | ||
subsection (a) shall be taken unless a petition signed
by at |
least 10% of the registered voters residing in the township is | ||
presented
to the township clerk. If a petition is presented to | ||
the township clerk, the
clerk shall order a referendum on the | ||
proposition. The referendum shall be
held at the next annual or | ||
special township meeting or at an election in
accordance with | ||
the general election law. If the referendum is ordered to be
| ||
held at the township meeting, the township clerk shall give | ||
notice that at the
next annual or special township meeting the | ||
proposition shall be voted upon.
The notice shall set forth the | ||
proposition and shall be given by publication in
a newspaper | ||
published in the township. If there is no newspaper published
| ||
in the township, the notice shall be published in a newspaper | ||
published in the
county and having general circulation in the | ||
township. Notice also shall be
given by posting notices in at | ||
least 5 public places at least 15 days before
the township | ||
meeting. If the referendum is ordered to be held at an | ||
election,
the township clerk shall certify that proposition to | ||
the proper election
officials, who shall submit the proposition | ||
at an election. The proposition
shall be submitted in | ||
accordance with the general election law.
| ||
(c) If the leased property is utilized in part for private | ||
use and in part
for public use, those portions of the | ||
improvements devoted to private use are
fully taxable. The land | ||
is exempt from taxation to the extent that the uses on
the land | ||
are public and taxable to the extent that the uses are private.
| ||
(d) Before the township makes a lease or sale of township |
or road
district
real property, the electors shall adopt a | ||
resolution
stating
the intent to lease or sell the real | ||
property, describing the
property in full, and stating the | ||
terms and conditions the electors deem
necessary and desirable | ||
for the lease or sale. A resolution stating the
intent to sell | ||
real property shall also contain pertinent information
| ||
concerning the size, use, and zoning of the property.
The value | ||
of real property shall be determined
by a State licensed real | ||
estate appraiser.
The appraisal shall be available for
public | ||
inspection. The resolution may direct the sale to be conducted | ||
by the
staff of the township or by listing with local licensed | ||
real
estate agencies
(in which case the terms of the agent's | ||
compensation shall be included in the
resolution).
| ||
Anytime during the year, the township or township road | ||
district may lease or sell personal property by a vote of the | ||
township board or request of the township highway commissioner.
| ||
The clerk shall thereafter publish the resolution or | ||
personal property
sale notice once in a newspaper published in | ||
the township or, if no newspaper
is published in the township, | ||
in a newspaper generally circulated in the
township. If no | ||
newspaper is generally circulated in the township, the clerk
| ||
shall post the resolution or personal property sale notice in 5 | ||
of the
most public places in the township. In addition to the | ||
foregoing publication
requirements, the clerk shall post the | ||
resolution or personal property
sale notice at the office of | ||
the township (if township property is involved)
or at the |
office of the road district (if road district property is
| ||
involved). The following information shall be published or | ||
posted with the
resolution or
personal property sale notice: | ||
(i) the date by which all bids must be
received by the township | ||
or road district, which shall not be less than 30
days
after | ||
the date of publication or posting, and (ii) the place, time, | ||
and date at
which bids shall be opened, which shall be at a | ||
regular meeting of the township
board.
| ||
All bids shall be opened by the clerk (or someone duly | ||
appointed to act
for the clerk) at the regular meeting of the | ||
township board described in the
notice. With respect to | ||
township personal property, the township board may accept
the | ||
high bid or any
other bid determined to be in the best | ||
interests of the township by a majority
vote of the board. With | ||
respect to township real property, the township
board may | ||
accept the high bid or any other bid determined to be in the
| ||
best interests of the township by a vote of three-fourths of | ||
the township
board then holding office, but in no event at a | ||
price less than 80% of the
appraised value. With respect to | ||
road district property, the highway
commissioner may accept
the | ||
high bid or any other bid determined to be in the best | ||
interests of the
road district. In each case, the township | ||
board or commissioner
may
reject
any and all bids. This notice | ||
and competitive bidding procedure shall not be followed
when | ||
property is leased to another governmental body.
The notice and
| ||
competitive bidding procedure shall not be followed when real |
or personal property is declared
surplus by the township board | ||
or the highway commissioner and sold to another governmental | ||
body.
| ||
The township board or the highway commissioner may | ||
authorize the sale of personal property by public auction | ||
conducted by an auctioneer licensed under the Auction License | ||
Act or through an approved Internet auction service. | ||
(e) A trade-in of machinery or equipment on new or | ||
different machinery or
equipment does not constitute the sale | ||
of township or road district property.
| ||
(Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13; | ||
98-653, eff. 6-18-14; revised 6-24-14.)
| ||
Section 180. The Illinois Municipal Code is amended by | ||
changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and | ||
11-74.4-3.5 as follows: | ||
(65 ILCS 5/10-1-7.1) | ||
Sec. 10-1-7.1. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 10-1-7.2, this Section shall apply to all | ||
original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after the effective date of this amendatory Act of the |
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in the manner provided for in this Section. Provisions of the | ||
Illinois Municipal Code, municipal ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than this | ||
Section. This Section is a limitation under subsection (i) of | ||
Section 6 of Article VII of the Illinois Constitution on the | ||
concurrent exercise by home rule units of the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before the effective date of this amendatory | ||
Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more |
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to | ||
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position | ||
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of | ||
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. |
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the municipality's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the Civil Service Commission. All | ||
certificates of appointment issued to any officer or member of | ||
an affected department shall be signed by the chairperson and | ||
secretary, respectively, of the commission upon appointment of | ||
such officer or member to the affected department by the | ||
commission. Each person who accepts a certificate of | ||
appointment and successfully completes his or her probationary | ||
period shall be enrolled as a firefighter and as a regular | ||
member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental | ||
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall | ||
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the municipality | ||
shall by ordinance limit applicants to residents of the | ||
municipality, county or counties in which the municipality is | ||
located, State, or nation. Any examination and testing | ||
procedure utilized under subsection (e) of this Section shall | ||
be supported by appropriate validation evidence and shall | ||
comply with all applicable State state and federal laws. | ||
Municipalities may establish educational, emergency medical | ||
service licensure, and other pre-requisites for participation | ||
in an examination or for hire as a firefighter. Any | ||
municipality may charge a fee to cover the costs of the | ||
application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more |
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to the | ||
Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age | ||
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in | ||
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, or | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service. | ||
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment | ||
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. Notwithstanding anything to the contrary in this Section, | ||
the probationary employment period limitation may be extended | ||
for a firefighter who is required, as a condition of | ||
employment, to be a licensed paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a | ||
hearing is for failing to meet the requirements for paramedic | ||
licensure. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Division 1 has not | ||
been appointed to a firefighter position within one year after | ||
the date of his or her physical ability examination, the | ||
commission may cause a second examination to be made of that | ||
applicant's physical ability prior to his or her appointment. | ||
If, after the second examination, the physical ability of the | ||
applicant shall be found to be less than the minimum standard |
fixed by the rules of the commission, the applicant shall not | ||
be appointed. The applicant's name may be retained upon the | ||
register of candidates eligible for appointment and when next | ||
reached for certification and appointment that applicant may be | ||
again examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical | ||
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and | ||
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called | ||
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: |
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall | ||
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local | ||
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. Minimum scores should be set by | ||
the commission so as to demonstrate a candidate's ability to | ||
perform the essential functions of the job. The minimum score | ||
set by the commission shall be supported by appropriate | ||
validation evidence and shall comply with all applicable State | ||
state and federal laws. The appointing authority may conduct | ||
the physical ability component and any subjective components | ||
subsequent to the posting of the preliminary eligibility | ||
register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score set by the | ||
commission. The local appointing authority may prescribe the |
score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. | ||
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum score for | ||
passage and who have passed the physical ability examination. | ||
These persons shall take rank upon the register as candidates | ||
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's | ||
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic may be preferred for appointment to | ||
and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time |
certified Firefighter II, certified Firefighter III, State | ||
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||
paramedic, or any combination of those capacities may be | ||
awarded up to a maximum of 5 points. However, the applicant | ||
may not be awarded more than 0.5 points for each complete | ||
year of paid-on-call or part-time service. Applicants from | ||
outside the municipality who were employed as full-time | ||
firefighters or firefighter-paramedics by a fire | ||
protection district or another municipality may be awarded | ||
up to 5 experience preference points. However, the | ||
applicant may not be awarded more than one point for each | ||
complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside | ||
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the | ||
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals |
received if all points under this subsection were to be | ||
awarded. Any remaining ties on the list shall be determined | ||
by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The commission shall give | ||
preference for original appointment to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points | ||
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining | ||
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may | ||
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference | ||
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been |
extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to |
charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||
8-15-14; revised 10-2-14.) | ||
(65 ILCS 5/10-2.1-6.3) | ||
Sec. 10-2.1-6.3. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 10-2.1-6.4, this Section shall apply to | ||
all original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in the manner provided for in this Section. Provisions of the | ||
Illinois Municipal Code, municipal ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than this | ||
Section. This Section is a limitation under subsection (i) of | ||
Section 6 of Article VII of the Illinois Constitution on the | ||
concurrent exercise by home rule units of the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before the effective date of this amendatory | ||
Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more | ||
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to |
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position | ||
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of | ||
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the municipality's register of |
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire and police commissioners. | ||
All certificates of appointment issued to any officer or member | ||
of an affected department shall be signed by the chairperson | ||
and secretary, respectively, of the board upon appointment of | ||
such officer or member to the affected department by action of | ||
the board. Each person who accepts a certificate of appointment | ||
and successfully completes his or her probationary period shall | ||
be enrolled as a firefighter and as a regular member of the | ||
fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall | ||
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the municipality | ||
shall by ordinance limit applicants to residents of the | ||
municipality, county or counties in which the municipality is | ||
located, State, or nation. Any examination and testing | ||
procedure utilized under subsection (e) of this Section shall | ||
be supported by appropriate validation evidence and shall | ||
comply with all applicable State state and federal laws. | ||
Municipalities may establish educational, emergency medical | ||
service licensure, and other pre-requisites for participation | ||
in an examination or for hire as a firefighter. Any | ||
municipality may charge a fee to cover the costs of the | ||
application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to the | ||
Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age | ||
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in | ||
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, or | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment |
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. Notwithstanding anything to the contrary in this Section, | ||
the probationary employment period limitation may be extended | ||
for a firefighter who is required, as a condition of | ||
employment, to be a licensed paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a | ||
hearing is for failing to meet the requirements for paramedic | ||
licensure. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Section has not been | ||
appointed to a firefighter position within one year after the | ||
date of his or her physical ability examination, the commission | ||
may cause a second examination to be made of that applicant's | ||
physical ability prior to his or her appointment. If, after the | ||
second examination, the physical ability of the applicant shall | ||
be found to be less than the minimum standard fixed by the | ||
rules of the commission, the applicant shall not be appointed. | ||
The applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by | ||
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and | ||
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called | ||
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall | ||
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local |
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. Minimum scores should be set by | ||
the commission so as to demonstrate a candidate's ability to |
perform the essential functions of the job. The minimum score | ||
set by the commission shall be supported by appropriate | ||
validation evidence and shall comply with all applicable State | ||
state and federal laws. The appointing authority may conduct | ||
the physical ability component and any subjective components | ||
subsequent to the posting of the preliminary eligibility | ||
register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score as set by | ||
the commission. The local appointing authority may prescribe | ||
the score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. | ||
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum score for | ||
passage and who have passed the physical ability examination. | ||
These persons shall take rank upon the register as candidates |
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the | ||
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. |
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's | ||
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic shall be preferred for appointment | ||
to and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time | ||
certified Firefighter II, State of Illinois or nationally | ||
licensed EMT, EMT-I, A-EMT, or any combination of those | ||
capacities shall be awarded 0.5 point for each year of | ||
successful service in one or more of those capacities, up | ||
to a maximum of 5 points. Certified Firefighter III and | ||
State of Illinois or nationally licensed paramedics shall | ||
be awarded one point per year up to a maximum of 5 points. |
Applicants from outside the municipality who were employed | ||
as full-time firefighters or firefighter-paramedics by a | ||
fire protection district or another municipality for at | ||
least 2 years shall be awarded 5 experience preference | ||
points. These additional points presuppose a rating scale | ||
totaling 100 points available for the eligibility list. If | ||
more or fewer points are used in the rating scale for the | ||
eligibility list, the points awarded under this subsection | ||
shall be increased or decreased by a factor equal to the | ||
total possible points available for the examination | ||
divided by 100. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside | ||
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the | ||
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals | ||
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined | ||
by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction shall be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The commission shall give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points | ||
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus | ||
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may | ||
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference | ||
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been | ||
extended. |
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to | ||
charges for official misconduct. |
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||
8-15-14, revised 10-2-14.)
| ||
(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
| ||
Sec. 11-12-5.
Every plan commission and planning | ||
department authorized by
this Division 12 has the following | ||
powers and whenever in this Division 12
the term plan | ||
commission is used such term shall be deemed to include the
| ||
term planning department:
| ||
(1) To prepare and recommend to the corporate | ||
authorities a
comprehensive plan for the present and future | ||
development or redevelopment
of the municipality. Such | ||
plan may be adopted in whole or in separate
geographical or | ||
functional parts, each of which, when adopted, shall be the
| ||
official comprehensive plan, or part thereof, of that | ||
municipality. This
plan may include reasonable | ||
requirements with reference to streets, alleys,
public | ||
grounds, and other improvements hereinafter specified. The | ||
plan, as
recommended by the plan commission and as | ||
thereafter adopted in any
municipality in this state, may |
be made applicable, by the terms thereof,
to land situated | ||
within the corporate limits and contiguous territory not
| ||
more than one and one-half miles beyond the corporate | ||
limits and not
included in any municipality. Such plan may | ||
be implemented by ordinances
(a) establishing reasonable | ||
standards of design for subdivisions and for
| ||
resubdivisions of unimproved land and of areas subject to | ||
redevelopment in
respect to public improvements as herein | ||
defined; (b) establishing
reasonable requirements | ||
governing the location, width, course, and
surfacing of | ||
public streets and highways, alleys, ways for public | ||
service
facilities, curbs, gutters, sidewalks, street | ||
lights, parks, playgrounds,
school grounds, size of lots to | ||
be used for residential purposes, storm
water drainage, | ||
water supply and distribution, sanitary sewers, and sewage
| ||
collection and treatment; and (c) may designate land | ||
suitable for
annexation to the municipality and the | ||
recommended zoning classification
for such land upon | ||
annexation.
| ||
(2) To recommend changes, from time to time, in the | ||
official
comprehensive plan.
| ||
(3) To prepare and recommend to the corporate | ||
authorities, from time to
time, plans for specific | ||
improvements in pursuance of the official
comprehensive | ||
plan.
| ||
(4) To give aid to the municipal officials charged with |
the direction of
projects for improvements embraced within | ||
the official plan, to further the
making of these projects, | ||
and, generally, to promote the realization of the
official | ||
comprehensive plan.
| ||
(5) To prepare and recommend to the corporate | ||
authorities schemes for
regulating or forbidding | ||
structures or activities which may hinder access
to solar | ||
energy necessary for the proper functioning of solar energy | ||
systems,
as defined in Section 1.2 of The Comprehensive | ||
Solar Energy Act of 1977,
or to recommend changes in such | ||
schemes.
| ||
(6) To exercise such other powers germane to the powers | ||
granted by this
article as may be conferred by the | ||
corporate authorities.
| ||
(7) For purposes of implementing ordinances regarding | ||
developer
donations
or
impact fees,
and specifically for | ||
expenditures thereof,
"school grounds" is defined as including | ||
land or site
improvements,
which include
school buildings or | ||
other infrastructure, including technological infrastructure, | ||
necessitated and specifically and
uniquely attributed to the
| ||
development or subdivision in question. This amendatory Act of | ||
the 93rd
General Assembly applies to all impact fees or | ||
developer donations paid into a
school district or held in a | ||
separate account or escrow fund by any school
district
or | ||
municipality for a school district.
| ||
(Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)
|
(65 ILCS 5/11-74.4-3.5)
| ||
Sec. 11-74.4-3.5. Completion dates for redevelopment | ||
projects. | ||
(a) Unless otherwise stated in this Section, the estimated | ||
dates of completion
of the redevelopment project and retirement | ||
of obligations issued to finance
redevelopment project costs | ||
(including refunding bonds under Section 11-74.4-7) may not be
| ||
later than December 31 of the year in which the payment to the | ||
municipal
treasurer, as provided in subsection (b) of Section | ||
11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||
taxes levied in the 23rd
calendar year after the year in which | ||
the ordinance approving the
redevelopment project area was | ||
adopted if the ordinance was adopted on or after
January 15, | ||
1981. | ||
(b) The estimated dates of completion of the redevelopment | ||
project and retirement of obligations issued to finance | ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to be made with respect to ad valorem taxes levied in the 32nd | ||
calendar year after the year in which the ordinance approving | ||
the redevelopment project area was adopted if the ordinance was | ||
adopted on September 9, 1999 by the Village of Downs. | ||
The estimated dates of completion
of the redevelopment |
project and retirement of obligations issued to finance
| ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal
treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to
be made with respect to ad valorem taxes levied in the 33rd | ||
calendar
year after the year in which the ordinance approving | ||
the
redevelopment project area was adopted if the ordinance was | ||
adopted on May 20, 1985 by the Village of Wheeling. | ||
The estimated dates of completion of the redevelopment | ||
project and retirement of obligations issued to finance | ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to be made with respect to ad valorem taxes levied in the 28th | ||
calendar year after the year in which the ordinance approving | ||
the redevelopment project area was adopted if the ordinance was | ||
adopted on October 12, 1989 by the City of Lawrenceville. | ||
(c) The estimated dates of completion
of the redevelopment | ||
project and retirement of obligations issued to finance
| ||
redevelopment project costs (including refunding bonds under | ||
Section 11-74.4-7) may not be later than December 31 of the | ||
year in which the payment to the municipal
treasurer as | ||
provided in subsection (b) of Section 11-74.4-8 of this Act is | ||
to
be made with respect to ad valorem taxes levied in the 35th |
calendar
year after the year in which the ordinance approving | ||
the
redevelopment project area was adopted: | ||
(1) If if the ordinance was adopted before January 15, | ||
1981 . ; | ||
(2) If if the ordinance was adopted in December 1983, | ||
April 1984, July 1985,
or December 1989 . ; | ||
(3) If if the ordinance was adopted in December 1987 | ||
and the redevelopment
project is located within one mile of | ||
Midway Airport . ; | ||
(4) If if the ordinance was adopted before January 1, | ||
1987 by a municipality in
Mason County . ; | ||
(5) If if the municipality is subject to the Local | ||
Government Financial Planning
and Supervision Act or the | ||
Financially Distressed City Law . ; | ||
(6) If if the ordinance was adopted in December 1984 by | ||
the Village of Rosemont . ; | ||
(7) If if the ordinance was adopted on December 31, | ||
1986 by a municipality
located in Clinton County for which | ||
at least $250,000 of tax increment
bonds were authorized on | ||
June 17, 1997, or if the ordinance was adopted on
December | ||
31, 1986 by a municipality with a population in 1990 of | ||
less than
3,600 that is located in a county with a | ||
population in 1990 of less than
34,000 and for which at | ||
least $250,000 of tax increment bonds were authorized
on | ||
June 17, 1997 . ; | ||
(8) If if the ordinance was adopted on October 5, 1982 |
by the City of Kankakee, or if the ordinance was adopted on | ||
December 29, 1986 by East St. Louis . ; | ||
(9) If if
the ordinance was adopted on November 12, | ||
1991 by the Village of Sauget . ; | ||
(10) If if the ordinance was
adopted on February 11, | ||
1985 by the City of Rock Island . ; | ||
(11) If if the ordinance was adopted before December | ||
18, 1986 by the City of
Moline . ; | ||
(12) If if the ordinance was adopted in September 1988 | ||
by Sauk Village . ; | ||
(13) If if the ordinance was adopted in October 1993 by | ||
Sauk Village . ; | ||
(14) If if the ordinance was adopted on December 29, | ||
1986 by the City of Galva . ; | ||
(15) If if the ordinance was adopted in March 1991 by | ||
the City of Centreville . ; | ||
(16) If if the ordinance was adopted on January 23, | ||
1991
by the City of East St. Louis . ; | ||
(17) If if the ordinance was adopted on December 22, | ||
1986 by the City of Aledo . ; | ||
(18) If if the ordinance was adopted on February 5, | ||
1990 by the City of Clinton . ; | ||
(19) If if the ordinance was adopted on September 6, | ||
1994 by the City of Freeport . ; | ||
(20) If if the ordinance was adopted on December 22, | ||
1986 by the City of Tuscola . ; |
(21) If if the ordinance was adopted on December 23, | ||
1986 by the City of Sparta . ; | ||
(22) If if the ordinance was adopted on December 23, | ||
1986 by the City of
Beardstown . ; | ||
(23) If if the ordinance was adopted on April 27, 1981, | ||
October 21, 1985, or
December 30, 1986 by the City of | ||
Belleville . ; | ||
(24) If if the ordinance was adopted on December 29, | ||
1986 by the City of
Collinsville . ; | ||
(25) If if the ordinance was adopted on September 14, | ||
1994 by the
City of Alton . ; | ||
(26) If if the ordinance was adopted on November 11, | ||
1996 by the
City of Lexington . ; | ||
(27) If if the ordinance was adopted on November 5, | ||
1984 by
the City of LeRoy . ; | ||
(28) If if the ordinance was adopted on April 3, 1991 | ||
or
June 3, 1992 by the City of Markham . ; | ||
(29) If if the ordinance was adopted on November 11, | ||
1986 by the City of Pekin . ; | ||
(30) If if the ordinance was adopted on December 15, | ||
1981 by the City of Champaign . ; | ||
(31) If if the ordinance was adopted on December 15, | ||
1986 by the City of Urbana . ; | ||
(32) If if the ordinance was adopted on December 15, | ||
1986 by the Village of Heyworth . ; | ||
(33) If if the ordinance was adopted on February 24, |
1992 by the Village of Heyworth . ; | ||
(34) If if the ordinance was adopted on March 16, 1995 | ||
by the Village of Heyworth . ; | ||
(35) If if the ordinance was adopted on December 23, | ||
1986 by the Town of Cicero . ; | ||
(36) If if the ordinance was adopted on December 30, | ||
1986 by the City of Effingham . ; | ||
(37) If if the ordinance was adopted on May 9, 1991 by | ||
the Village of
Tilton . ; | ||
(38) If if the ordinance was adopted on October 20, | ||
1986 by the City of Elmhurst . ; | ||
(39) If if the ordinance was adopted on January 19, | ||
1988 by the City of
Waukegan . ; | ||
(40) If if the ordinance was adopted on September 21, | ||
1998 by the City of
Waukegan . ; | ||
(41) If if the ordinance was adopted on December 31, | ||
1986 by the City of Sullivan . ; | ||
(42) If if the ordinance was adopted on December 23, | ||
1991 by the City of Sullivan . ; | ||
(43) If if the ordinance was adopted on December 31, | ||
1986 by the City of Oglesby . ; | ||
(44) If if the ordinance was adopted on July 28, 1987 | ||
by the City of Marion . ; | ||
(45) If if the ordinance was adopted on April 23, 1990 | ||
by the City of Marion . ; | ||
(46) If if the ordinance was adopted on August 20, 1985 |
by the Village of Mount Prospect . ; | ||
(47) If if the ordinance was adopted on February 2, | ||
1998 by the Village of Woodhull . ; | ||
(48) If if the ordinance was adopted on April 20, 1993 | ||
by the Village of Princeville . ; | ||
(49) If if the ordinance was adopted on July 1, 1986 by | ||
the City of Granite City . ; | ||
(50) If if the ordinance was adopted on February 2, | ||
1989 by the Village of Lombard . ; | ||
(51) If if the ordinance was adopted on December 29, | ||
1986 by the Village of Gardner . ; | ||
(52) If if the ordinance was adopted on July 14, 1999 | ||
by the Village of Paw Paw . ; | ||
(53) If if the ordinance was adopted on November 17, | ||
1986 by the Village of Franklin Park . ; | ||
(54) If if the ordinance was adopted on November 20, | ||
1989 by the Village of South Holland . ; | ||
(55) If if the ordinance was adopted on July 14, 1992 | ||
by the Village of Riverdale . ; | ||
(56) If if the ordinance was adopted on December 29, | ||
1986 by the City of Galesburg . ; | ||
(57) If if the ordinance was adopted on April 1, 1985 | ||
by the City of Galesburg . ; | ||
(58) If if the ordinance was adopted on May 21, 1990 by | ||
the City of West Chicago . ; | ||
(59) If if the ordinance was adopted on December 16, |
1986 by the City of Oak Forest . ; | ||
(60) If if the ordinance was adopted in 1999 by the | ||
City of Villa Grove . ; | ||
(61) If if the ordinance was adopted on January 13, | ||
1987 by the Village of Mt. Zion . ; | ||
(62) If if the ordinance was adopted on December 30, | ||
1986 by the Village of Manteno . ; | ||
(63) If if the ordinance was adopted on April 3, 1989 | ||
by the City of Chicago Heights . ; | ||
(64) If if the ordinance was adopted on January 6, 1999 | ||
by the Village of Rosemont . ; | ||
(65) If if the ordinance was adopted on December 19, | ||
2000 by the Village of Stone Park . ; | ||
(66) If if the ordinance was adopted on December 22, | ||
1986 by the City of DeKalb . ; | ||
(67) If if the ordinance was adopted on December 2, | ||
1986 by the City of Aurora . ;
| ||
(68) If
if the ordinance was adopted on December 31, | ||
1986 by the Village of Milan . ; | ||
(69) If
if the ordinance was adopted on September 8, | ||
1994 by the City of West Frankfort . ; | ||
(70) If if the ordinance was adopted on December 23, | ||
1986 by the Village of Libertyville . ; | ||
(71) If if the ordinance was adopted on December 22, | ||
1986 by the Village of Hoffman Estates . ;
| ||
(72) If if the ordinance was adopted on September 17, |
1986 by the Village of Sherman . ;
| ||
(73) If if the ordinance was adopted on December 16, | ||
1986 by the City of Macomb . ; | ||
(74) If if the ordinance was adopted on June 11, 2002 | ||
by the City of East Peoria to create the West Washington | ||
Street TIF . ; | ||
(75) If if the ordinance was adopted on June 11, 2002 | ||
by the City of East Peoria to create the Camp Street TIF . ;
| ||
(76) If if the ordinance was adopted on August 7, 2000 | ||
by the City of Des Plaines . ; | ||
(77) If if the ordinance was adopted on December 22, | ||
1986 by the City of Washington to create the Washington | ||
Square TIF #2 . ; | ||
(78) If if the ordinance was adopted on December 29, | ||
1986 by the City of Morris . ;
| ||
(79) If if the ordinance was adopted on July 6, 1998 by | ||
the Village of Steeleville . ; | ||
(80) If if the ordinance was adopted on December 29, | ||
1986 by the City of Pontiac to create TIF I (the Main St | ||
TIF) . ; | ||
(81) If if the ordinance was adopted on December 29, | ||
1986 by the City of Pontiac to create TIF II (the | ||
Interstate TIF) . ; | ||
(82) If if the ordinance was adopted on November 6, | ||
2002 by the City of Chicago to create the Madden/Wells TIF | ||
District . ; |
(83) If if the ordinance was adopted on November 4, | ||
1998 by the City of Chicago to create the Roosevelt/Racine | ||
TIF District . ; | ||
(84) If if the ordinance was adopted on June 10, 1998 | ||
by the City of Chicago to create the Stony Island | ||
Commercial/Burnside Industrial Corridors TIF District . ; | ||
(85) If if the ordinance was adopted on November 29, | ||
1989 by the City of Chicago to create the Englewood Mall | ||
TIF District . ; | ||
(86) If if the ordinance was adopted on December 27, | ||
1986 by the City of Mendota . ; | ||
(87) If if the ordinance was adopted on December 31, | ||
1986 by the Village of Cahokia . ; | ||
(88) If if the ordinance was adopted on September 20, | ||
1999 by the City of Belleville . ; | ||
(89) If if the ordinance was adopted on December 30, | ||
1986 by the Village of Bellevue to create the Bellevue TIF | ||
District 1 . ; | ||
(90) If if the ordinance was adopted on December 13, | ||
1993 by the Village of Crete . ; | ||
(91) If if the ordinance was adopted on February 12, | ||
2001 by the Village of Crete . ; | ||
(92) If if the ordinance was adopted on April 23, 2001 | ||
by the Village of Crete . ; | ||
(93) If if the ordinance was adopted on December 16, | ||
1986 by the City of Champaign . ; |
(94) If if the ordinance was adopted on December 20, | ||
1986 by the City of Charleston . ; | ||
(95) If if the ordinance was adopted on June 6, 1989 by | ||
the Village of Romeoville . ; | ||
(96) If if the ordinance was adopted on October 14, | ||
1993 and amended on August 2, 2010 by the City of Venice . ; | ||
(97) If if the ordinance was adopted on June 1, 1994 by | ||
the City of Markham . ; | ||
(98) If if the ordinance was adopted on May 19, 1998 by | ||
the Village of Bensenville . ; | ||
(99) If if the ordinance was adopted on November 12, | ||
1987 by the City of Dixon . ; | ||
(100) If if the ordinance was adopted on December 20, | ||
1988 by the Village of Lansing . ; | ||
(101) If if the ordinance was adopted on October 27, | ||
1998 by the City of Moline . ; | ||
(102) If if the ordinance was adopted on May 21, 1991 | ||
by the Village of Glenwood . ; | ||
(103) If if the ordinance was adopted on January 28, | ||
1992 by the City of East Peoria . ; | ||
(104) If if the ordinance was adopted on December 14, | ||
1998 by the City of Carlyle . ; | ||
(105) If if the ordinance was adopted on May 17, 2000, | ||
as subsequently amended, by the City of Chicago to create | ||
the Midwest Redevelopment TIF District . ; | ||
(106) If if the ordinance was adopted on September 13, |
1989 by the City of Chicago to create the Michigan/Cermak | ||
Area TIF District . ; | ||
(107) If if the ordinance was adopted on March 30, 1992 | ||
by the Village of Ohio . ; | ||
(108) If if the ordinance was adopted on July 6, 1998 | ||
by the Village of Orangeville . ; | ||
(109) If if the ordinance was adopted on December 16, | ||
1997 by the Village of Germantown . ; | ||
(110) If if the ordinance was adopted on April 28, 2003 | ||
by Gibson City . ; | ||
(111) If if the ordinance was adopted on December 18, | ||
1990 by the Village of Washington Park, but only after the | ||
Village of Washington Park becomes compliant with the | ||
reporting requirements under subsection (d) of Section | ||
11-74.4-5, and after the State Comptroller's certification | ||
of such compliance . ; | ||
(112) If if the ordinance was adopted on February 28, | ||
2000 by the City of Harvey . ; or | ||
(113) If if the ordinance was adopted on January 11, | ||
1991 by the City of Chicago to create the Read/Dunning TIF | ||
District . ; | ||
(114) If if the ordinance was adopted on July 24, 1991 | ||
by the City of Chicago to create the Sanitary and Ship | ||
Canal TIF District . ; | ||
(115) If if the ordinance was adopted on December 4, | ||
2007 by the City of Naperville . ; |
(116) If if the ordinance was adopted on July 1, 2002 | ||
by the Village of Arlington Heights . ; | ||
(117) If if the ordinance was adopted on February 11, | ||
1991 by the Village of Machesney Park . ; | ||
(118) If if the ordinance was adopted on December 29, | ||
1993 by the City of Ottawa . ; or | ||
(119) If if the ordinance was adopted on June 4, 1991 | ||
by the Village of Lansing. | ||
(120) If (119) if the ordinance was adopted on February | ||
10, 2004 by the Village of Fox Lake . ; | ||
(121) If (120) if the ordinance was adopted on December | ||
22, 1992 by the City of Fairfield . ; or | ||
(122) If (121) if the ordinance was adopted on February | ||
10, 1992 by the City of Mt. Sterling. | ||
(123) If (113) if the ordinance was adopted on March | ||
15, 2004 by the City of Batavia. | ||
(124) If (119) if the ordinance was adopted on March | ||
18, 2002 by the Village of Lake Zurich. | ||
(d) For redevelopment project areas for which bonds were | ||
issued before
July 29, 1991, or for which contracts were | ||
entered into before June 1,
1988, in connection with a | ||
redevelopment project in the area within
the State Sales Tax | ||
Boundary, the estimated dates of completion of the
| ||
redevelopment project and retirement of obligations to finance | ||
redevelopment
project costs (including refunding bonds under | ||
Section 11-74.4-7) may be extended by municipal ordinance to |
December 31, 2013.
The termination procedures of subsection (b) | ||
of Section 11-74.4-8 are not
required for
these redevelopment | ||
project areas in 2009 but are required in 2013.
The extension | ||
allowed by Public Act 87-1272 shall not apply to real
property | ||
tax increment allocation financing under Section 11-74.4-8. | ||
(e) Those dates, for purposes of real property tax | ||
increment allocation
financing pursuant to Section 11-74.4-8 | ||
only, shall be not more than 35 years
for redevelopment project | ||
areas that were adopted on or after December 16,
1986 and for | ||
which at least $8 million worth of municipal bonds were | ||
authorized
on or after December 19, 1989 but before January 1, | ||
1990; provided that the
municipality elects to extend the life | ||
of the redevelopment project area to 35
years by the adoption | ||
of an ordinance after at least 14 but not more than 30
days' | ||
written notice to the taxing bodies, that would otherwise | ||
constitute the
joint review board for the redevelopment project | ||
area, before the adoption of
the ordinance. | ||
(f) Those dates, for purposes of real property tax | ||
increment allocation
financing pursuant to Section 11-74.4-8 | ||
only, shall be not more than 35 years
for redevelopment project | ||
areas that were established on or after December 1,
1981 but | ||
before January 1, 1982 and for which at least $1,500,000 worth | ||
of
tax increment revenue bonds were authorized
on or after | ||
September 30, 1990 but before July 1, 1991; provided that the
| ||
municipality elects to extend the life of the redevelopment | ||
project area to 35
years by the adoption of an ordinance after |
at least 14 but not more than 30
days' written notice to the | ||
taxing bodies, that would otherwise constitute the
joint review | ||
board for the redevelopment project area, before the adoption | ||
of
the ordinance. | ||
(g) In consolidating the material relating to completion | ||
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||
it is not the intent of the General Assembly to make any | ||
substantive change in the law, except for the extension of the | ||
completion dates for the City of Aurora, the Village of Milan,
| ||
the City of West Frankfort, the Village of Libertyville, and | ||
the Village of Hoffman Estates set forth under items (67),
| ||
(68), (69), (70), and (71) of subsection (c) of this Section. | ||
(Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, | ||
eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; | ||
97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff. | ||
7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff. | ||
8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889, | ||
eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14; | ||
98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff. | ||
1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.) | ||
Section 185. The Fire Protection District Act is amended by | ||
changing Sections 11b and 16.06b as follows:
| ||
(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| ||
Sec. 11b.
In case any fire protection district organized |
hereunder is
coterminous with or includes within its corporate | ||
limits in whole or in
part any city, village or incorporated | ||
town authorized to provide
protection from fire and to regulate | ||
the prevention and control of fire
within such city, village or | ||
incorporated town and to levy taxes for any
such purposes, then | ||
such city, village or incorporated town shall not
exercise any | ||
such powers as necessarily conflict with the powers to be
| ||
exercised by such district in respect to such fire protection | ||
and
regulation within the fire protection district from and | ||
after the date
that it receives written notice from the State | ||
Fire Marshal
to cease or refrain from the operation of any fire
| ||
protection facilities and the exercise of such powers, which | ||
notice
shall be given only after the State Fire Marshal
has | ||
ascertained that the Fire Protection District has placed
its | ||
fire protection facilities in operation. Such city, village or
| ||
incorporated town shall not thereafter own, operate, maintain, | ||
manage,
control or have an interest in any fire protection | ||
facilities located
within the corporate limits of the fire | ||
protection district, except
water mains and hydrants and except | ||
as otherwise provided in this Act. Where any city, village, or
| ||
incorporated town with 500 or more mre residents is in fact | ||
owning, operating, and maintaining a fire department or fire | ||
departments located in whole or in part within or adjacent to
| ||
the corporate limits of a fire protection district organized | ||
under this Act, such city, village,
or incorporated town shall | ||
not cease operating and maintaining the fire department or |
departments unless such proposed cessation of services is first | ||
submitted by
referendum to voters, as provided by Section 15b | ||
of this Act. In addition, where any city,
village, or | ||
incorporated town is in fact owning, operating, and maintaining | ||
a fire department or fire departments located within the | ||
corporate limits of a fire protection district organized under
| ||
this Act, such city, village, or incorporated town
shall
be | ||
paid and reimbursed for its actual expenditures and for all | ||
existing
obligations incurred, including all pension and | ||
annuity plans applicable
to the maintenance of fire protection | ||
facilities theretofore made in
establishing such facilities | ||
and in acquiring, constructing, improving
or developing any | ||
such existing facilities in the manner provided for by
this | ||
Act. The terms of payment shall provide for reimbursement in | ||
full
within not less than 20 years from the date of such | ||
agreement.
| ||
(Source: P.A. 98-666, eff. 1-1-15; revised 12-1-14.)
| ||
(70 ILCS 705/16.06b) | ||
Sec. 16.06b. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 16.06c, this Section shall apply to all | ||
original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in a no less stringent manner than the manner provided for in | ||
this Section. Provisions of the Illinois Municipal Code, Fire | ||
Protection District Act, fire district ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A fire protection district that is operating under a court | ||
order or consent decree regarding original appointments to a | ||
full-time fire department before the effective date of this | ||
amendatory Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
required by this Section. Only persons who meet or exceed the | ||
performance standards required by the Section shall be placed | ||
on a register of eligibles for original appointment to an | ||
affected fire department. |
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position | ||
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of | ||
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the fire district's register of | ||
eligibles. |
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire commissioners, or board of | ||
trustees serving in the capacity of a board of fire | ||
commissioners. All certificates of appointment issued to any | ||
officer or member of an affected department shall be signed by | ||
the chairperson and secretary, respectively, of the commission | ||
upon appointment of such officer or member to the affected | ||
department by action of the commission. Each person who accepts | ||
a certificate of appointment and successfully completes his or | ||
her probationary period shall be enrolled as a firefighter and | ||
as a regular member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall | ||
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the district | ||
shall by ordinance limit applicants to residents of the | ||
district, county or counties in which the district is located, | ||
State, or nation. Any examination and testing procedure | ||
utilized under subsection (e) of this Section shall be | ||
supported by appropriate validation evidence and shall comply | ||
with all applicable State state and federal laws. Districts may | ||
establish educational, emergency medical service licensure, | ||
and other pre-requisites for participation in an examination or | ||
for hire as a firefighter. Any fire protection district may | ||
charge a fee to cover the costs of the application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a district cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that district, or be made a condition of promotion, | ||
except for the rank or position of fire chief and for no more | ||
than 2 positions that rank immediately below that of the chief | ||
rank which are appointed positions pursuant to the Fire | ||
Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the district, | ||
except as provided in this Section. The age limitation does not | ||
apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in | ||
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district ; , or | ||
(2) any person who has served a fire district as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the district begins to use full-time firefighters to | ||
provide all or part of its fire protection service; or | ||
(3) any person who turned 35 while serving as a member | ||
of the active or reserve components of any of the branches | ||
of the Armed Forces of the United States or the National | ||
Guard of any state, whose service was characterized as | ||
honorable or under honorable, if separated from the | ||
military, and is currently under the age of 40. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
district or their designees and agents. | ||
No district shall require that any firefighter appointed to | ||
the lowest rank serve a probationary employment period of | ||
longer than one year of actual active employment, which may | ||
exclude periods of training, or injury or illness leaves, | ||
including duty related leave, in excess of 30 calendar days. | ||
Notwithstanding anything to the contrary in this Section, the | ||
probationary employment period limitation may be extended for a | ||
firefighter who is required, as a condition of employment, to | ||
be a licensed paramedic, during which time the sole reason that | ||
a firefighter may be discharged without a hearing is for | ||
failing to meet the requirements for paramedic licensure. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Section has not been | ||
appointed to a firefighter position within one year after the | ||
date of his or her physical ability examination, the commission | ||
may cause a second examination to be made of that applicant's | ||
physical ability prior to his or her appointment. If, after the | ||
second examination, the physical ability of the applicant shall | ||
be found to be less than the minimum standard fixed by the | ||
rules of the commission, the applicant shall not be appointed. | ||
The applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for |
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the district, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the district, or (ii) on the fire protection | ||
district's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by | ||
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical | ||
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and | ||
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called | ||
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local | ||
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the |
written examination and the physical ability component. | ||
Passage of the written examination means attaining the minimum | ||
score set by the commission. Minimum scores should be set by | ||
the appointing authorities so as to demonstrate a candidate's | ||
ability to perform the essential functions of the job. The | ||
minimum score set by the commission shall be supported by | ||
appropriate validation evidence and shall comply with all | ||
applicable State state and federal laws. The appointing | ||
authority may conduct the physical ability component and any | ||
subjective components subsequent to the posting of the | ||
preliminary eligibility register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the minimum score set by the | ||
commission. The local appointing authority may prescribe the | ||
score to qualify for placement on the final eligibility | ||
register, but the score shall not be less than the minimum | ||
score set by the commission. |
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum score for | ||
passage and who have passed the physical ability examination. | ||
These persons shall take rank upon the register as candidates | ||
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the | ||
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's | ||
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained a | ||
license as a paramedic may be preferred for appointment to | ||
and employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
district who have been paid-on-call or part-time certified | ||
Firefighter II, certified Firefighter III, State of | ||
Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||
paramedic, or any combination of those capacities may be |
awarded up to a maximum of 5 points. However, the applicant | ||
may not be awarded more than 0.5 points for each complete | ||
year of paid-on-call or part-time service. Applicants from | ||
outside the district who were employed as full-time | ||
firefighters or firefighter-paramedics by a fire | ||
protection district or municipality for at least 2 years | ||
may be awarded up to 5 experience preference points. | ||
However, the applicant may not be awarded more than one | ||
point for each complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the district or in the case of applicants from outside the | ||
district the governing body of any other fire protection | ||
district or any municipality shall certify to the | ||
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals | ||
received if all points under this subsection were to be | ||
awarded. Any remaining ties on the list shall be determined | ||
by lot. |
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The
commission shall give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points | ||
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus | ||
attained shall be applied by the commission in determining | ||
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference | ||
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been | ||
extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Section, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to | ||
charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||
97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||
8-15-14; 98-995, eff. 8-18-14; revised 10-2-14.) | ||
Section 190. The School Code is amended by changing | ||
Sections 2-3.25g, 3-15.12, 14-7.02, 19-1, 24-12, 27-23.7, | ||
27A-4, 27A-5, 27A-6, 27A-7, 27A-11, 30-14.2, and 34-85 and by | ||
setting forth and renumbering multiple versions of Section | ||
2-3.160 as follows: | ||
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||
Sec. 2-3.25g. Waiver or modification of mandates within the | ||
School
Code and administrative rules and regulations. | ||
(a) In this Section: | ||
"Board" means a school board or the governing board or | ||
administrative district, as the case may be, for a joint | ||
agreement. | ||
"Eligible applicant" means a school district, joint | ||
agreement made up of school districts, or regional | ||
superintendent of schools on behalf of schools and programs | ||
operated by the regional office of education.
| ||
"Implementation date" has the meaning set forth in | ||
Section 24A-2.5 of this Code. |
"State Board" means the State Board of Education.
| ||
(b) Notwithstanding any other
provisions of this School | ||
Code or any other law of this State to the
contrary, eligible | ||
applicants may petition the State Board of Education for the
| ||
waiver or modification of the mandates of this School Code or | ||
of the
administrative rules and regulations promulgated by the | ||
State Board of
Education. Waivers or modifications of | ||
administrative rules and regulations
and modifications of | ||
mandates of this School Code may be requested when an eligible | ||
applicant demonstrates that it can address the intent of the | ||
rule or
mandate in a more effective, efficient, or economical | ||
manner or when necessary
to stimulate innovation or improve | ||
student performance. Waivers of
mandates of
the School Code may | ||
be requested when the waivers are necessary to stimulate
| ||
innovation or improve student performance. Waivers may not be | ||
requested
from laws, rules, and regulations pertaining to | ||
special education, teacher educator licensure, teacher tenure | ||
and seniority, or Section 5-2.1 of this Code or from compliance | ||
with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||
Eligible applicants may not seek a waiver or seek a | ||
modification of a mandate regarding the requirements for (i) | ||
student performance data to be a significant factor in teacher | ||
or principal evaluations or (ii) for teachers and principals to | ||
be rated using the 4 categories of "excellent", "proficient", | ||
"needs improvement", or "unsatisfactory". On September 1, | ||
2014, any previously authorized waiver or modification from |
such requirements shall terminate. | ||
(c) Eligible applicants, as a matter of inherent managerial | ||
policy, and any
Independent Authority established under | ||
Section 2-3.25f-5 of this Code may submit an
application for a | ||
waiver or modification authorized under this Section. Each
| ||
application must include a written request by the eligible | ||
applicant or
Independent Authority and must demonstrate that | ||
the intent of the mandate can
be addressed in a more effective, | ||
efficient, or economical manner
or be based
upon a specific | ||
plan for improved student performance and school improvement.
| ||
Any eligible applicant requesting a waiver or modification for | ||
the reason that intent
of the mandate can be addressed in a | ||
more economical manner shall include in
the application a | ||
fiscal analysis showing current expenditures on the mandate
and | ||
projected savings resulting from the waiver
or modification. | ||
Applications
and plans developed by eligible applicants must be | ||
approved by the board or regional superintendent of schools | ||
applying on behalf of schools or programs operated by the | ||
regional office of education following a public hearing on the | ||
application and plan and the
opportunity for the board or | ||
regional superintendent to hear testimony from staff
directly | ||
involved in
its implementation, parents, and students. The time | ||
period for such testimony shall be separate from the time | ||
period established by the eligible applicant for public comment | ||
on other matters. If the applicant is a school district or | ||
joint agreement requesting a waiver or modification of Section |
27-6 of this Code, the public hearing shall be held on a day | ||
other than the day on which a regular meeting of the board is | ||
held. | ||
(c-5) If the applicant is a school district, then the | ||
district shall post information that sets forth the time, date, | ||
place, and general subject matter of the public hearing on its | ||
Internet website at least 14 days prior to the hearing. If the | ||
district is requesting to increase the fee charged for driver | ||
education authorized pursuant to Section 27-24.2 of this Code, | ||
the website information shall include the proposed amount of | ||
the fee the district will request. All school districts must | ||
publish a notice of the public hearing at least 7 days prior to | ||
the hearing in a newspaper of general circulation within the | ||
school district that sets forth the time, date, place, and | ||
general subject matter of the hearing. Districts requesting to | ||
increase the fee charged for driver education shall include in | ||
the published notice the proposed amount of the fee the | ||
district will request. If the applicant is a joint agreement or | ||
regional superintendent, then the joint agreement or regional | ||
superintendent shall post information that sets forth the time, | ||
date, place, and general subject matter of the public hearing | ||
on its Internet website at least 14 days prior to the hearing. | ||
If the joint agreement or regional superintendent is requesting | ||
to increase the fee charged for driver education authorized | ||
pursuant to Section 27-24.2 of this Code, the website | ||
information shall include the proposed amount of the fee the |
applicant will request. All joint agreements and regional | ||
superintendents must publish a notice of the public hearing at | ||
least 7 days prior to the hearing in a newspaper of general | ||
circulation in each school district that is a member of the | ||
joint agreement or that is served by the educational service | ||
region that sets forth the time, date, place, and general | ||
subject matter of the hearing, provided that a notice appearing | ||
in a newspaper generally circulated in more than one school | ||
district shall be deemed to fulfill this requirement with | ||
respect to all of the affected districts. Joint agreements or | ||
regional superintendents requesting to increase the fee | ||
charged for driver education shall include in the published | ||
notice the proposed amount of the fee the applicant will | ||
request. The
eligible applicant must notify in writing the | ||
affected exclusive collective
bargaining agent and those State | ||
legislators representing the eligible applicant's territory of
| ||
its
intent to seek approval of a
waiver or
modification and of | ||
the hearing to be held to take testimony from staff.
The | ||
affected exclusive collective bargaining agents shall be | ||
notified of such
public hearing at least 7 days prior to the | ||
date of the hearing and shall be
allowed to attend
such public | ||
hearing. The eligible applicant shall attest to compliance with | ||
all of
the notification and procedural requirements set forth | ||
in this Section. | ||
(d) A request for a waiver or modification of | ||
administrative rules and
regulations or for a modification of |
mandates contained in this School Code
shall be submitted to | ||
the State Board of Education within 15 days after
approval by | ||
the board or regional superintendent of schools. The | ||
application as submitted to the
State Board of Education shall | ||
include a description of the public hearing. Except with | ||
respect to contracting for adaptive driver education, an | ||
eligible applicant wishing to request a modification or waiver | ||
of administrative rules of the State Board of Education | ||
regarding contracting with a commercial driver training school | ||
to provide the course of study authorized under Section 27-24.2 | ||
of this Code must provide evidence with its application that | ||
the commercial driver training school with which it will | ||
contract holds a license issued by the Secretary of State under | ||
Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||
each instructor employed by the commercial driver training | ||
school to provide instruction to students served by the school | ||
district holds a valid teaching certificate or teaching | ||
license, as applicable, issued under the requirements of this | ||
Code and rules of the State Board of Education. Such evidence | ||
must include, but need not be limited to, a list of each | ||
instructor assigned to teach students served by the school | ||
district, which list shall include the instructor's name, | ||
personal identification number as required by the State Board | ||
of Education, birth date, and driver's license number. If the | ||
modification or waiver is granted, then the eligible applicant | ||
shall notify the State Board of Education of any changes in the |
personnel providing instruction within 15 calendar days after | ||
an instructor leaves the program or a new instructor is hired. | ||
Such notification shall include the instructor's name, | ||
personal identification number as required by the State Board | ||
of Education, birth date, and driver's license number. If a | ||
school district maintains an Internet website, then the | ||
district shall post a copy of the final contract between the | ||
district and the commercial driver training school on the | ||
district's Internet website. If no Internet website exists, | ||
then the district shall make available the contract upon | ||
request. A record of all materials in relation to the | ||
application for contracting must be maintained by the school | ||
district and made available to parents and guardians upon | ||
request. The instructor's date of birth and driver's license | ||
number and any other personally identifying information as | ||
deemed by the federal Driver's Privacy Protection Act of 1994 | ||
must be redacted from any public materials.
Following receipt | ||
of the waiver or modification request, the
State Board shall | ||
have 45 days to review the application and request. If the
| ||
State Board fails to disapprove the application within that 45 | ||
day period, the
waiver or modification shall be deemed granted. | ||
The State Board
may disapprove
any request if it is not based | ||
upon sound educational practices, endangers the
health or | ||
safety of students or staff, compromises equal opportunities | ||
for
learning, or fails to demonstrate that the intent of the | ||
rule or mandate can be
addressed in a more effective, |
efficient, or economical manner or have improved
student | ||
performance as a primary goal. Any request disapproved by the | ||
State
Board may be appealed to the General Assembly by the | ||
eligible applicant
as outlined in this Section. | ||
A request for a waiver from mandates contained in this | ||
School Code shall be
submitted to the State Board within 15 | ||
days after approval by the board or regional superintendent of | ||
schools.
The application as submitted to the State Board of | ||
Education
shall include a description of the public hearing. | ||
The description shall
include, but need not be limited to, the | ||
means of notice, the number of people
in attendance, the number | ||
of people who spoke as proponents or opponents of the
waiver, a | ||
brief description of their comments, and whether there were any
| ||
written statements submitted.
The State Board shall review the | ||
applications and requests for
completeness and shall compile | ||
the requests in reports to be filed with the
General Assembly.
| ||
The State Board shall file
reports outlining the waivers
| ||
requested by eligible applicants
and appeals by eligible | ||
applicants of requests
disapproved by the State Board with the | ||
Senate and the House of
Representatives before each March 1 and
| ||
October
1. The General Assembly may disapprove the report of | ||
the State Board in whole
or in part within 60 calendar days | ||
after each house of the General Assembly
next
convenes after | ||
the report is filed by adoption of a resolution by a record | ||
vote
of the majority of members elected in each house. If the | ||
General Assembly
fails to disapprove any waiver request or |
appealed request within such 60
day period, the waiver or | ||
modification shall be deemed granted. Any resolution
adopted by | ||
the General Assembly disapproving a report of the State Board | ||
in
whole or in part shall be binding on the State Board. | ||
(e) An approved waiver or modification (except a waiver | ||
from or modification to a physical education mandate) may | ||
remain in effect for a period not to
exceed 5 school years and | ||
may be renewed upon application by the
eligible applicant. | ||
However, such waiver or modification may be changed within that
| ||
5-year period by a board or regional superintendent of schools | ||
applying on behalf of schools or programs operated by the | ||
regional office of education following the procedure as set
| ||
forth in this Section for the initial waiver or modification | ||
request. If
neither the State Board of Education nor the | ||
General Assembly disapproves, the
change is deemed granted. | ||
An approved waiver from or modification to a physical | ||
education mandate may remain in effect for a period not to | ||
exceed 2 school years and may be renewed no more than 2 times | ||
upon application by the eligible applicant. An approved waiver | ||
from or modification to a physical education mandate may be | ||
changed within the 2-year period by the board or regional | ||
superintendent of schools, whichever is applicable, following | ||
the procedure set forth in this Section for the initial waiver | ||
or modification request. If neither the State Board of | ||
Education nor the General Assembly disapproves, the change is | ||
deemed granted.
|
(f) (Blank). | ||
(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14; | ||
98-739, eff. 7-16-14; 98-1155, eff. 1-9-15; revised 2-1-15.) | ||
(105 ILCS 5/2-3.160) | ||
(Section scheduled to be repealed on July 1, 2015) | ||
Sec. 2-3.160. School Security and Standards Task Force. | ||
(a) The School Security and Standards Task Force is created | ||
within the State Board of Education to study the security of | ||
schools in this State, make recommendations, and draft minimum | ||
standards for use by schools to make them more secure and to | ||
provide a safer learning environment for the children of this | ||
State. The Task Force shall consist of all of the following | ||
members: | ||
(1) One member of the public who is a parent and one | ||
member of the Senate, appointed by the President of the | ||
Senate. | ||
(2) One member of the public who is a parent and one | ||
member of the Senate, appointed by the Minority Leader of | ||
the Senate. | ||
(3) One member of the public who is a parent and one | ||
member of the House of Representatives, appointed by the | ||
Speaker of the House of Representatives. | ||
(4) One member of the public who is a parent and one | ||
member of the House of Representatives, appointed by the | ||
Minority Leader of the House of Representatives. |
(5) A representative from the State Board of Education, | ||
appointed by the Chairperson of the State Board of | ||
Education. | ||
(6) A representative from the Department of State | ||
Police, appointed by the Director of State Police. | ||
(7) A representative from an association representing | ||
Illinois sheriffs, appointed by the Governor. | ||
(8) A representative from an association representing | ||
Illinois chiefs of police, appointed by the Governor. | ||
(9) A representative from an association representing | ||
Illinois firefighters, appointed by the Governor. | ||
(10) A representative from an association representing | ||
Illinois regional superintendents of schools, appointed by | ||
the Governor. | ||
(11) A representative from an association representing | ||
Illinois principals, appointed by the Governor. | ||
(12) A representative from an association representing | ||
Illinois school boards, appointed by the Governor. | ||
(13) A representative from the security consulting | ||
profession, appointed by the Governor. | ||
(14) An architect or engineer who specializes in | ||
security issues, appointed by the Governor. | ||
Members of the Task Force appointed by the Governor must be | ||
individuals who have knowledge, experience, and expertise in | ||
the field of security or who have worked within the school | ||
system. The appointment of members by the Governor must reflect |
the geographic diversity of this State. | ||
Members of the Task Force shall serve without compensation | ||
and shall not be reimbursed for their expenses. | ||
(b) The Task Force shall meet initially at the call of the | ||
State Superintendent of Education. At this initial meeting, the | ||
Task Force shall elect a member as presiding officer of the | ||
Task Force by a majority vote of the membership of the Task | ||
Force. Thereafter, the Task Force shall meet at the call of the | ||
presiding officer. | ||
(c) The State Board of Education shall provide | ||
administrative and other support to the Task Force. | ||
(d) The Task Force shall make recommendations for minimum | ||
standards for security for the schools in this State. In making | ||
those recommendations, the Task Force shall do all of the | ||
following: | ||
(1) Gather information concerning security in schools | ||
as it presently exists. | ||
(2) Receive reports and testimony from individuals, | ||
school district superintendents, principals, teachers, | ||
security experts, architects, engineers, and the law | ||
enforcement community. | ||
(3) Create minimum standards for securing schools. | ||
(4) Give consideration to securing the physical | ||
structures, security staffing recommendations, | ||
communications, security equipment, alarms, video and | ||
audio monitoring, school policies, egress and ingress, |
security plans, emergency exits and escape, and any other | ||
areas of security that the Task Force deems appropriate for | ||
securing schools. | ||
(5) Create a model security plan policy. | ||
(6) Suggest possible funding recommendations for | ||
schools to access for use in implementing enhanced security | ||
measures. | ||
(7) On or before January 1, 2015, submit a report to | ||
the General Assembly and the Governor on specific | ||
recommendations for changes to the current law or other | ||
legislative measures. | ||
(8) On or before January 1, 2015, submit a report to | ||
the State Board of Education on specific recommendations | ||
for model security plan policies for schools to access and | ||
use as a guideline. This report is exempt from inspection | ||
and copying under Section 7 of the Freedom of Information | ||
Act. | ||
The Task Force's recommendations may include proposals for | ||
specific statutory changes and methods to foster cooperation | ||
among State agencies and between this State and local | ||
government. | ||
(e) The Task Force is abolished and this Section is | ||
repealed on July 1, 2015.
| ||
(Source: P.A. 98-695, eff. 7-3-14.) | ||
(105 ILCS 5/2-3.161) |
Sec. 2-3.161 2-3.160 . Definition of dyslexia in rules; | ||
reading instruction advisory group. | ||
(a) The State Board of Education shall adopt rules that | ||
incorporate an international definition of dyslexia into Part | ||
226 of Title 23 of the Illinois Administrative Code. | ||
(b) Subject to specific State appropriation or the | ||
availability of private donations, the State Board of Education | ||
shall establish an advisory group to develop a training module | ||
or training modules to provide education and professional | ||
development to teachers, school administrators, and other | ||
education professionals regarding multi-sensory, systematic, | ||
and sequential instruction in reading. This advisory group | ||
shall complete its work before July 31, 2015 and is abolished | ||
on July 31, 2015.
| ||
(Source: P.A. 98-705, eff. 7-14-14; revised 10-14-14.) | ||
(105 ILCS 5/2-3.162) | ||
Sec. 2-3.162 2-3.160 . Student discipline report; school | ||
discipline improvement plan. | ||
(a) On or before October 31, 2015 and on or before October | ||
31 of each subsequent year, the State Board of Education, | ||
through the State Superintendent of Education, shall prepare a | ||
report on student discipline in all school districts in this | ||
State, including State-authorized charter schools. This report | ||
shall include data from all public schools within school | ||
districts, including district-authorized charter schools. This |
report must be posted on the Internet website of the State | ||
Board of Education. The report shall include data on the | ||
issuance of out-of-school suspensions, expulsions, and | ||
removals to alternative settings in lieu of another | ||
disciplinary action, disaggregated by race and ethnicity, | ||
gender, age, grade level, limited English proficiency, | ||
incident type, and discipline duration. | ||
(b) The State Board of Education shall analyze the data | ||
under subsection (a) of this Section on an annual basis and | ||
determine the top 20% of school districts for the following | ||
metrics: | ||
(1) Total number of out-of-school suspensions divided | ||
by the total district enrollment by the last school day in | ||
September for the year in which the data was collected, | ||
multiplied by 100. | ||
(2) Total number of out-of-school expulsions divided | ||
by the total district enrollment by the last school day in | ||
September for the year in which the data was collected, | ||
multiplied by 100. | ||
(3) Racial disproportionality, defined as the | ||
overrepresentation of students of color or white students | ||
in comparison to the total number of students of color or | ||
white students on October 1st of the school year in which | ||
data are collected, with respect to the use of | ||
out-of-school suspensions and expulsions, which must be | ||
calculated using the same method as the U.S. Department of |
Education's Office for Civil Rights uses. | ||
The analysis must be based on data collected over 3 | ||
consecutive school years, beginning with the 2014-2015 school | ||
year. | ||
Beginning with the 2017-2018 school year, the State Board | ||
of Education shall require each of the school districts that | ||
are identified in the top 20% of any of the metrics described | ||
in this subsection (b) for 3 consecutive years to submit a plan | ||
identifying the strategies the school district will implement | ||
to reduce the use of exclusionary disciplinary practices or | ||
racial disproportionality or both, if applicable. School | ||
districts that no longer meet the criteria described in any of | ||
the metrics described in this subsection (b) for 3 consecutive | ||
years shall no longer be required to submit a plan. | ||
This plan may be combined with any other improvement plans | ||
required under federal or State law. | ||
The calculation of the top 20% of any of the metrics | ||
described in this subsection (b) shall exclude all school | ||
districts, State-authorized charter schools, and special | ||
charter districts that issued fewer than a total of 10 | ||
out-of-school suspensions or expulsions, whichever is | ||
applicable, during the school year. The calculation of the top | ||
20% of metric described in subdivision (3) of this subsection | ||
(b) shall exclude all school districts with an enrollment of | ||
fewer than 50 white students or fewer than 50 students of | ||
color. |
The plan must be approved at a public school board meeting | ||
and posted on the school district's Internet website. Within | ||
one year after being identified, the school district shall | ||
submit to the State Board of Education and post on the | ||
district's Internet website a progress report describing the | ||
implementation of the plan and the results achieved.
| ||
(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.) | ||
(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| ||
Sec. 3-15.12. High school equivalency testing program.
The | ||
regional
superintendent of schools shall make available for | ||
qualified individuals
residing within the region a High School | ||
Equivalency Testing Program.
For that purpose the regional | ||
superintendent alone or with other
regional superintendents | ||
may establish and supervise a testing center or
centers to | ||
administer the secure forms for high school equivalency testing | ||
to qualified persons. Such centers
shall be under the | ||
supervision of the regional superintendent in whose
region such | ||
centers are located, subject to the approval
of the
Executive | ||
Director of the Illinois Community College Board.
| ||
An individual is eligible to apply to the regional | ||
superintendent of schools
for the region in which he or she
| ||
resides if he or she is: (a) a person who is 17 years
of age or | ||
older, has maintained residence in the State of Illinois,
and | ||
is
not a high school graduate; (b)
a person who is successfully | ||
completing an
alternative education program under Section |
2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
| ||
enrolled in a youth education program sponsored by the Illinois | ||
National
Guard.
For purposes of this Section, residence is that | ||
abode which the applicant
considers his or her home. Applicants | ||
may provide as sufficient proof of such
residence and as an | ||
acceptable form of identification a driver's license, valid | ||
passport, military ID, or other form of government-issued | ||
national or foreign identification that shows the applicant's | ||
name, address, date of birth, signature, and photograph or | ||
other acceptable identification as may be allowed by law or as | ||
regulated by the Illinois Community College Board. Such | ||
regional superintendent shall determine if the
applicant meets | ||
statutory and regulatory state standards. If qualified the
| ||
applicant shall at the time of such application pay a fee | ||
established by the
Illinois Community College Board, which fee | ||
shall be paid into a special
fund
under the control and | ||
supervision of the regional superintendent. Such moneys
| ||
received by the regional superintendent shall be used, first, | ||
for the
expenses incurred
in administering and scoring the | ||
examination, and next for other educational
programs that are | ||
developed and designed by the regional superintendent of
| ||
schools to assist those who successfully complete high school | ||
equivalency testing in furthering their academic development | ||
or
their ability to secure and retain gainful employment, | ||
including programs for
the competitive award based on test | ||
scores of college or adult education
scholarship grants or |
similar educational incentives. Any excess moneys shall
be paid | ||
into the institute fund.
| ||
Any applicant who has achieved the minimum passing | ||
standards as
established by the
Illinois Community College | ||
Board shall be
notified in writing by the regional | ||
superintendent and shall be
issued a high school equivalency | ||
certificate on the forms provided by the
Illinois Community | ||
College Board. The regional superintendent shall
then certify | ||
to the Illinois Community College Board
the score of the | ||
applicant and such other and additional information
that may be | ||
required by the Illinois Community College Board. The
moneys | ||
received therefrom shall be used in the same manner as provided
| ||
for in this Section.
| ||
Any applicant who has attained the age of 17 years and | ||
maintained
residence in the State of Illinois and is not a high | ||
school graduate, any person who has enrolled in a youth | ||
education program sponsored by the Illinois National Guard, or | ||
any person who has successfully completed
an
alternative | ||
education program under Section 2-3.81,
Article 13A, or Article | ||
13B is eligible to apply for a high school equivalency
| ||
certificate (if he or she meets the requirements prescribed by | ||
the Illinois Community College Board) upon showing evidence | ||
that he or she has completed, successfully, high school | ||
equivalency testing, administered by the United
States Armed | ||
Forces Institute, official high school equivalency testing | ||
centers established in other
states, Veterans' Administration |
Hospitals, or the office of the State
Superintendent of | ||
Education for the Illinois State Penitentiary
System and the | ||
Department of Corrections. Such applicant shall apply to the
| ||
regional superintendent of the region wherein he or she has | ||
maintained residence, and,
upon payment of a fee established by | ||
the Illinois Community College Board,
the regional | ||
superintendent shall issue a high school
equivalency | ||
certificate and immediately thereafter certify to the Illinois | ||
Community College Board the score of the applicant and such | ||
other and
additional information as may be required by the | ||
Illinois Community College Board.
| ||
Notwithstanding the provisions of this Section, any | ||
applicant who has
been out of school for at least one year may | ||
request the regional
superintendent of schools to administer | ||
restricted high school equivalency testing upon
written | ||
request of: the director of a program who certifies to the | ||
Chief
Examiner of an official high school equivalency testing | ||
center that the applicant has completed a
program of | ||
instruction provided by such agencies as the Job Corps, the
| ||
Postal Service Academy, or an apprenticeship training program; | ||
an employer
or program director for purposes of entry into | ||
apprenticeship programs;
another state's department of | ||
education in order to meet regulations
established by that | ||
department of education; or a post high school
educational | ||
institution for purposes of admission, the Department of | ||
Financial and
Professional Regulation for licensing purposes, |
or the Armed Forces
for induction purposes. The regional | ||
superintendent shall administer
such testing, and the | ||
applicant shall be notified in writing that he or she is
| ||
eligible to receive a high school equivalency certificate
upon | ||
reaching age 17, provided he or she meets the standards | ||
established by the Illinois Community College Board.
| ||
Any test administered under this Section to an applicant | ||
who does not
speak and understand English may at the discretion | ||
of the administering
agency be given and answered in any | ||
language in which the test is
printed. The regional | ||
superintendent of schools may waive any fees required
by this | ||
Section in case of hardship.
| ||
In counties of over 3,000,000 population, a high school | ||
equivalency certificate
shall contain the signatures of the | ||
Executive Director of the Illinois Community College Board and ; | ||
the superintendent, president, or other chief
executive | ||
officer of the institution where high school equivalency | ||
testing instruction occurred ,; and any
other signatures | ||
authorized by the Illinois Community College Board.
| ||
The regional superintendent of schools shall furnish the | ||
Illinois
Community College Board with any information that the | ||
Illinois
Community College Board requests with regard to | ||
testing and certificates under this
Section.
| ||
(Source: P.A. 98-718, eff. 1-1-15; 98-719, eff. 1-1-15; revised | ||
10-1-14.)
|
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||
Sec. 14-7.02. Children attending private schools, public
| ||
out-of-state schools, public school residential facilities or | ||
private
special education facilities. The General Assembly | ||
recognizes that non-public
schools or special education | ||
facilities provide an important service in the
educational | ||
system in Illinois.
| ||
If because of his or her disability the special education
| ||
program of a district is unable to meet the needs of a child | ||
and the
child attends a non-public school or special education | ||
facility, a
public out-of-state school or a special education | ||
facility owned and
operated by a county government unit that | ||
provides special educational
services required by the child and | ||
is in compliance with the appropriate
rules and regulations of | ||
the State Superintendent of Education, the
school district in | ||
which the child is a resident shall pay the actual
cost of | ||
tuition for special education and related services provided
| ||
during the regular school term and during the summer school | ||
term if the
child's educational needs so require, excluding | ||
room, board and
transportation costs charged the child by that | ||
non-public school or
special education facility, public | ||
out-of-state school or county special
education facility, or | ||
$4,500 per year, whichever is less, and shall
provide him any | ||
necessary transportation. "Nonpublic special
education | ||
facility" shall include a residential facility,
within or | ||
without the State of Illinois, which provides
special education |
and related services to meet the needs of the child by
| ||
utilizing private schools or public schools, whether located on | ||
the site
or off the site of the residential facility.
| ||
The State Board of Education shall promulgate rules and | ||
regulations
for determining when placement in a private special | ||
education facility
is appropriate. Such rules and regulations | ||
shall take into account
the various types of services needed by | ||
a child and the availability
of such services to the particular | ||
child in the public school.
In developing these rules and | ||
regulations the State Board of
Education shall consult with the | ||
Advisory Council on
Education of Children with Disabilities and | ||
hold public
hearings to secure recommendations from parents, | ||
school personnel,
and others concerned about this matter.
| ||
The State Board of Education shall also promulgate rules | ||
and
regulations for transportation to and from a residential | ||
school.
Transportation to and from home to a residential school | ||
more than once
each school term shall be subject to prior | ||
approval by the State
Superintendent in accordance with the | ||
rules and regulations of the State
Board.
| ||
A school district making tuition payments pursuant to this
| ||
Section is eligible for reimbursement from the State for the | ||
amount of
such payments actually made in excess of the district | ||
per capita tuition
charge for students not receiving special | ||
education services.
Such reimbursement shall be approved in | ||
accordance with Section 14-12.01
and each district shall file | ||
its claims, computed in accordance with rules
prescribed by the |
State Board of Education, on forms prescribed by the
State | ||
Superintendent of Education. Data used as a basis of | ||
reimbursement
claims shall be for the preceding regular school | ||
term and summer school
term. Each school district shall | ||
transmit its claims to the State Board of Education
on or | ||
before
August 15. The State Board of Education, before | ||
approving any such claims,
shall determine their accuracy and | ||
whether they are based upon services
and facilities provided | ||
under approved programs. Upon approval the State
Board shall | ||
cause vouchers to be prepared showing the amount due
for | ||
payment of reimbursement claims to school
districts, for | ||
transmittal to the State Comptroller on
the 30th day of | ||
September, December, and March, respectively, and the final
| ||
voucher, no later than June 20. If the
money appropriated by | ||
the General Assembly for such purpose for any year
is | ||
insufficient, it shall be apportioned on the basis of the | ||
claims approved.
| ||
No child shall be placed in a special education program | ||
pursuant to
this Section if the tuition cost for special | ||
education and related
services increases more than 10 percent | ||
over the tuition cost for the
previous school year or exceeds | ||
$4,500 per year unless such costs have
been approved by the | ||
Illinois Purchased Care Review Board. The
Illinois Purchased | ||
Care Review Board shall consist of the following
persons, or | ||
their designees: the Directors of Children and Family
Services, | ||
Public Health,
Public Aid, and the
Governor's Office of |
Management and Budget; the
Secretary of Human Services; the | ||
State Superintendent of Education; and such
other persons as | ||
the
Governor may designate. The Review Board shall also consist | ||
of one non-voting member who is an administrator of a
private, | ||
nonpublic, special education school. The Review Board shall | ||
establish rules and
regulations for its determination of | ||
allowable costs and payments made by
local school districts for | ||
special education, room and board, and other related
services | ||
provided by non-public schools or special education facilities | ||
and
shall establish uniform standards and criteria which it | ||
shall follow. The Review Board shall approve the usual and | ||
customary rate or rates of a special education program that (i) | ||
is offered by an out-of-state, non-public provider of | ||
integrated autism specific educational and autism specific | ||
residential services, (ii) offers 2 or more levels of | ||
residential care, including at least one locked facility, and | ||
(iii) serves 12 or fewer Illinois students.
| ||
The Review Board shall establish uniform definitions and | ||
criteria for
accounting separately by special education, room | ||
and board and other
related services costs. The Board shall | ||
also establish guidelines for
the coordination of services and | ||
financial assistance provided by all
State agencies to assure | ||
that no otherwise qualified disabled child
receiving services | ||
under Article 14 shall be excluded from participation
in, be | ||
denied the benefits of or be subjected to discrimination under
| ||
any program or activity provided by any State agency.
|
The Review Board shall review the costs for special | ||
education and
related services provided by non-public schools | ||
or special education
facilities and shall approve or disapprove | ||
such facilities in accordance
with the rules and regulations | ||
established by it with respect to
allowable costs.
| ||
The State Board of Education shall provide administrative | ||
and staff support
for the Review Board as deemed reasonable by | ||
the State Superintendent of
Education. This support shall not | ||
include travel expenses or other
compensation for any Review | ||
Board member other than the State Superintendent of
Education.
| ||
The Review Board shall seek the advice of the Advisory | ||
Council on
Education of Children with Disabilities on the rules | ||
and
regulations to be
promulgated by it relative to providing | ||
special education services.
| ||
If a child has been placed in a program in which the actual | ||
per pupil costs
of tuition for special education and related | ||
services based on program
enrollment, excluding room, board and | ||
transportation costs, exceed $4,500 and
such costs have been | ||
approved by the Review Board, the district shall pay such
total | ||
costs which exceed $4,500. A district making such tuition | ||
payments in
excess of $4,500 pursuant to this Section shall be | ||
responsible for an amount in
excess of $4,500 equal to the | ||
district per capita
tuition charge and shall be eligible for | ||
reimbursement from the State for
the amount of such payments | ||
actually made in excess of the districts per capita
tuition | ||
charge for students not receiving special education services.
|
If a child has been placed in an approved individual | ||
program and the
tuition costs including room and board costs | ||
have been approved by the
Review Board, then such room and | ||
board costs shall be paid by the
appropriate State agency | ||
subject to the provisions of Section 14-8.01 of
this Act. Room | ||
and board costs not provided by a State agency other
than the | ||
State Board of Education shall be provided by the State Board
| ||
of Education on a current basis. In no event, however, shall | ||
the
State's liability for funding of these tuition costs begin | ||
until after
the legal obligations of third party payors have | ||
been subtracted from
such costs. If the money appropriated by | ||
the General Assembly for such
purpose for any year is | ||
insufficient, it shall be apportioned on the
basis of the | ||
claims approved. Each district shall submit estimated claims to | ||
the State
Superintendent of Education. Upon approval of such | ||
claims, the State
Superintendent of Education shall direct the | ||
State Comptroller to make payments
on a monthly basis. The | ||
frequency for submitting estimated
claims and the method of | ||
determining payment shall be prescribed in rules
and | ||
regulations adopted by the State Board of Education. Such | ||
current state
reimbursement shall be reduced by an amount equal | ||
to the proceeds which
the child or child's parents are eligible | ||
to receive under any public or
private insurance or assistance | ||
program. Nothing in this Section shall
be construed as | ||
relieving an insurer or similar third party from an
otherwise | ||
valid obligation to provide or to pay for services provided to
|
a disabled child.
| ||
If it otherwise qualifies, a school district is eligible | ||
for the
transportation reimbursement under Section 14-13.01 | ||
and for the
reimbursement of tuition payments under this | ||
Section whether the
non-public school or special education | ||
facility, public out-of-state
school or county special | ||
education facility, attended by a child who
resides in that | ||
district and requires special educational services, is
within | ||
or outside of the State of Illinois. However, a district is not
| ||
eligible to claim transportation reimbursement under this | ||
Section unless
the district certifies to the State | ||
Superintendent of Education that the
district is unable to | ||
provide special educational services required by
the child for | ||
the current school year.
| ||
Nothing in this Section authorizes the reimbursement of a | ||
school
district for the amount paid for tuition of a child | ||
attending a
non-public school or special education facility, | ||
public out-of-state
school or county special education | ||
facility unless the school district
certifies to the State | ||
Superintendent of Education that the special
education program | ||
of that district is unable to meet the needs of that child
| ||
because of his disability and the State Superintendent of | ||
Education finds
that the school district is in substantial | ||
compliance with Section 14-4.01. However, if a child is | ||
unilaterally placed by a State agency or any court in a | ||
non-public school or special education facility, public |
out-of-state school, or county special education facility, a | ||
school district shall not be required to certify to the State | ||
Superintendent of Education, for the purpose of tuition | ||
reimbursement, that the special education program of that | ||
district is unable to meet the needs of a child because of his | ||
or her disability.
| ||
Any educational or related services provided, pursuant to | ||
this
Section in a non-public school or special education | ||
facility or a
special education facility owned and operated by | ||
a county government
unit shall be at no cost to the parent or | ||
guardian of the child.
However, current law and practices | ||
relative to contributions by parents
or guardians for costs | ||
other than educational or related services are
not affected by | ||
this amendatory Act of 1978.
| ||
Reimbursement for children attending public school | ||
residential facilities
shall be made in accordance with the | ||
provisions of this Section.
| ||
Notwithstanding any other provision of law, any school | ||
district
receiving a payment under this Section or under | ||
Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||
all or a portion of the funds that
it receives in a particular | ||
fiscal year or from general State aid pursuant
to Section | ||
18-8.05 of this Code
as funds received in connection with any | ||
funding program for which
it is entitled to receive funds from | ||
the State in that fiscal year (including,
without limitation, | ||
any funding program referenced in this Section),
regardless of |
the source or timing of the receipt. The district may not
| ||
classify more funds as funds received in connection with the | ||
funding
program than the district is entitled to receive in | ||
that fiscal year for that
program. Any
classification by a | ||
district must be made by a resolution of its board of
| ||
education. The resolution must identify the amount of any | ||
payments or
general State aid to be classified under this | ||
paragraph and must specify
the funding program to which the | ||
funds are to be treated as received in
connection therewith. | ||
This resolution is controlling as to the
classification of | ||
funds referenced therein. A certified copy of the
resolution | ||
must be sent to the State Superintendent of Education.
The | ||
resolution shall still take effect even though a copy of the | ||
resolution has
not been sent to the State
Superintendent of | ||
Education in a timely manner.
No
classification under this | ||
paragraph by a district shall affect the total amount
or timing | ||
of money the district is entitled to receive under this Code.
| ||
No classification under this paragraph by a district shall
in | ||
any way relieve the district from or affect any
requirements | ||
that otherwise would apply with respect to
that funding | ||
program, including any
accounting of funds by source, reporting | ||
expenditures by
original source and purpose,
reporting | ||
requirements,
or requirements of providing services.
| ||
(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; | ||
revised 10-1-14.)
|
(105 ILCS 5/19-1)
| ||
Sec. 19-1. Debt limitations of school districts.
| ||
(a) School districts shall not be subject to the provisions | ||
limiting their
indebtedness prescribed in "An Act to limit the | ||
indebtedness of counties having
a population of less than | ||
500,000 and townships, school districts and other
municipal | ||
corporations having a population of less than 300,000", | ||
approved
February 15, 1928, as amended.
| ||
No school districts maintaining grades K through 8 or 9 | ||
through 12
shall become indebted in any manner or for any | ||
purpose to an amount,
including existing indebtedness, in the | ||
aggregate exceeding 6.9% on the
value of the taxable property | ||
therein to be ascertained by the last assessment
for State and | ||
county taxes or, until January 1, 1983, if greater, the sum | ||
that
is produced by multiplying the school district's 1978 | ||
equalized assessed
valuation by the debt limitation percentage | ||
in effect on January 1, 1979,
previous to the incurring of such | ||
indebtedness.
| ||
No school districts maintaining grades K through 12 shall | ||
become
indebted in any manner or for any purpose to an amount, | ||
including
existing indebtedness, in the aggregate exceeding | ||
13.8% on the value of
the taxable property therein to be | ||
ascertained by the last assessment
for State and county taxes | ||
or, until January 1, 1983, if greater, the sum that
is produced | ||
by multiplying the school district's 1978 equalized assessed
| ||
valuation by the debt limitation percentage in effect on |
January 1, 1979,
previous to the incurring of such | ||
indebtedness.
| ||
No partial elementary unit district, as defined in Article | ||
11E of this Code, shall become indebted in any manner or for | ||
any purpose in an amount, including existing indebtedness, in | ||
the aggregate exceeding 6.9% of the value of the taxable | ||
property of the entire district, to be ascertained by the last | ||
assessment for State and county taxes, plus an amount, | ||
including existing indebtedness, in the aggregate exceeding | ||
6.9% of the value of the taxable property of that portion of | ||
the district included in the elementary and high school | ||
classification, to be ascertained by the last assessment for | ||
State and county taxes. Moreover, no partial elementary unit | ||
district, as defined in Article 11E of this Code, shall become | ||
indebted on account of bonds issued by the district for high | ||
school purposes in the aggregate exceeding 6.9% of the value of | ||
the taxable property of the entire district, to be ascertained | ||
by the last assessment for State and county taxes, nor shall | ||
the district become indebted on account of bonds issued by the | ||
district for elementary purposes in the aggregate exceeding | ||
6.9% of the value of the taxable property for that portion of | ||
the district included in the elementary and high school | ||
classification, to be ascertained by the last assessment for | ||
State and county taxes.
| ||
Notwithstanding the provisions of any other law to the | ||
contrary, in any
case in which the voters of a school district |
have approved a proposition
for the issuance of bonds of such | ||
school district at an election held prior
to January 1, 1979, | ||
and all of the bonds approved at such election have
not been | ||
issued, the debt limitation applicable to such school district
| ||
during the calendar year 1979 shall be computed by multiplying | ||
the value
of taxable property therein, including personal | ||
property, as ascertained
by the last assessment for State and | ||
county taxes, previous to the incurring
of such indebtedness, | ||
by the percentage limitation applicable to such school
district | ||
under the provisions of this subsection (a).
| ||
(b) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, additional indebtedness may be | ||
incurred in an amount
not to exceed the estimated cost of | ||
acquiring or improving school sites
or constructing and | ||
equipping additional building facilities under the
following | ||
conditions:
| ||
(1) Whenever the enrollment of students for the next | ||
school year is
estimated by the board of education to | ||
increase over the actual present
enrollment by not less | ||
than 35% or by not less than 200 students or the
actual | ||
present enrollment of students has increased over the | ||
previous
school year by not less than 35% or by not less | ||
than 200 students and
the board of education determines | ||
that additional school sites or
building facilities are | ||
required as a result of such increase in
enrollment; and
| ||
(2) When the Regional Superintendent of Schools having |
jurisdiction
over the school district and the State | ||
Superintendent of Education
concur in such enrollment | ||
projection or increase and approve the need
for such | ||
additional school sites or building facilities and the
| ||
estimated cost thereof; and
| ||
(3) When the voters in the school district approve a | ||
proposition for
the issuance of bonds for the purpose of | ||
acquiring or improving such
needed school sites or | ||
constructing and equipping such needed additional
building | ||
facilities at an election called and held for that purpose.
| ||
Notice of such an election shall state that the amount of | ||
indebtedness
proposed to be incurred would exceed the debt | ||
limitation otherwise
applicable to the school district. | ||
The ballot for such proposition
shall state what percentage | ||
of the equalized assessed valuation will be
outstanding in | ||
bonds if the proposed issuance of bonds is approved by
the | ||
voters; or
| ||
(4) Notwithstanding the provisions of paragraphs (1) | ||
through (3) of
this subsection (b), if the school board | ||
determines that additional
facilities are needed to | ||
provide a quality educational program and not
less than 2/3 | ||
of those voting in an election called by the school board
| ||
on the question approve the issuance of bonds for the | ||
construction of
such facilities, the school district may | ||
issue bonds for this
purpose; or
| ||
(5) Notwithstanding the provisions of paragraphs (1) |
through (3) of this
subsection (b), if (i) the school | ||
district has previously availed itself of the
provisions of | ||
paragraph (4) of this subsection (b) to enable it to issue | ||
bonds,
(ii) the voters of the school district have not | ||
defeated a proposition for the
issuance of bonds since the | ||
referendum described in paragraph (4) of this
subsection | ||
(b) was held, (iii) the school board determines that | ||
additional
facilities are needed to provide a quality | ||
educational program, and (iv) a
majority of those voting in | ||
an election called by the school board on the
question | ||
approve the issuance of bonds for the construction of such | ||
facilities,
the school district may issue bonds for this | ||
purpose.
| ||
In no event shall the indebtedness incurred pursuant to | ||
this
subsection (b) and the existing indebtedness of the school | ||
district
exceed 15% of the value of the taxable property | ||
therein to be
ascertained by the last assessment for State and | ||
county taxes, previous
to the incurring of such indebtedness | ||
or, until January 1, 1983, if greater,
the sum that is produced | ||
by multiplying the school district's 1978 equalized
assessed | ||
valuation by the debt limitation percentage in effect on | ||
January 1,
1979.
| ||
The indebtedness provided for by this subsection (b) shall | ||
be in
addition to and in excess of any other debt limitation.
| ||
(c) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, in any case in which a public |
question for the issuance
of bonds of a proposed school | ||
district maintaining grades kindergarten
through 12 received | ||
at least 60% of the valid ballots cast on the question at
an | ||
election held on or prior to November 8, 1994, and in which the | ||
bonds
approved at such election have not been issued, the | ||
school district pursuant to
the requirements of Section 11A-10 | ||
(now repealed) may issue the total amount of bonds approved
at | ||
such election for the purpose stated in the question.
| ||
(d) Notwithstanding the debt limitation prescribed in | ||
subsection (a)
of this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) and (2) of this | ||
subsection (d) may incur an additional
indebtedness in an | ||
amount not to exceed $4,500,000, even though the amount of
the | ||
additional indebtedness authorized by this subsection (d), | ||
when incurred
and added to the aggregate amount of indebtedness | ||
of the district existing
immediately prior to the district | ||
incurring the additional indebtedness
authorized by this | ||
subsection (d), causes the aggregate indebtedness of the
| ||
district to exceed the debt limitation otherwise applicable to | ||
that district
under subsection (a):
| ||
(1) The additional indebtedness authorized by this | ||
subsection (d) is
incurred by the school district through | ||
the issuance of bonds under and in
accordance with Section | ||
17-2.11a for the purpose of replacing a school
building | ||
which, because of mine subsidence damage, has been closed | ||
as provided
in paragraph (2) of this subsection (d) or |
through the issuance of bonds under
and in accordance with | ||
Section 19-3 for the purpose of increasing the size of,
or | ||
providing for additional functions in, such replacement | ||
school buildings, or
both such purposes.
| ||
(2) The bonds issued by the school district as provided | ||
in paragraph (1)
above are issued for the purposes of | ||
construction by the school district of
a new school | ||
building pursuant to Section 17-2.11, to replace an | ||
existing
school building that, because of mine subsidence | ||
damage, is closed as of the
end of the 1992-93 school year | ||
pursuant to action of the regional
superintendent of | ||
schools of the educational service region in which the
| ||
district is located under Section 3-14.22 or are issued for | ||
the purpose of
increasing the size of, or providing for | ||
additional functions in, the new
school building being | ||
constructed to replace a school building closed as the
| ||
result of mine subsidence damage, or both such purposes.
| ||
(e) (Blank).
| ||
(f) Notwithstanding the provisions of subsection (a) of | ||
this Section or of
any other law, bonds in not to exceed the | ||
aggregate amount of $5,500,000 and
issued by a school district | ||
meeting the following criteria shall not be
considered | ||
indebtedness for purposes of any statutory limitation and may | ||
be
issued in an amount or amounts, including existing | ||
indebtedness, in excess of
any heretofore or hereafter imposed | ||
statutory limitation as to indebtedness:
|
(1) At the time of the sale of such bonds, the board of | ||
education of the
district shall have determined by | ||
resolution that the enrollment of students in
the district | ||
is projected to increase by not less than 7% during each of | ||
the
next succeeding 2 school years.
| ||
(2) The board of education shall also determine by | ||
resolution that the
improvements to be financed with the | ||
proceeds of the bonds are needed because
of the projected | ||
enrollment increases.
| ||
(3) The board of education shall also determine by | ||
resolution that the
projected increases in enrollment are | ||
the result of improvements made or
expected to be made to | ||
passenger rail facilities located in the school
district.
| ||
Notwithstanding the provisions of subsection (a) of this | ||
Section or of any other law, a school district that has availed | ||
itself of the provisions of this subsection (f) prior to July | ||
22, 2004 (the effective date of Public Act 93-799) may also | ||
issue bonds approved by referendum up to an amount, including | ||
existing indebtedness, not exceeding 25% of the equalized | ||
assessed value of the taxable property in the district if all | ||
of the conditions set forth in items (1), (2), and (3) of this | ||
subsection (f) are met.
| ||
(g) Notwithstanding the provisions of subsection (a) of | ||
this Section or any
other law, bonds in not to exceed an | ||
aggregate amount of 25% of the equalized
assessed value of the | ||
taxable property of a school district and issued by a
school |
district meeting the criteria in paragraphs (i) through (iv) of | ||
this
subsection shall not be considered indebtedness for | ||
purposes of any statutory
limitation and may be issued pursuant | ||
to resolution of the school board in an
amount or amounts, | ||
including existing indebtedness, in
excess of any statutory | ||
limitation of indebtedness heretofore or hereafter
imposed:
| ||
(i) The bonds are issued for the purpose of | ||
constructing a new high school
building to replace two | ||
adjacent existing buildings which together house a
single | ||
high school, each of which is more than 65 years old, and | ||
which together
are located on more than 10 acres and less | ||
than 11 acres of property.
| ||
(ii) At the time the resolution authorizing the | ||
issuance of the bonds is
adopted, the cost of constructing | ||
a new school building to replace the existing
school | ||
building is less than 60% of the cost of repairing the | ||
existing school
building.
| ||
(iii) The sale of the bonds occurs before July 1, 1997.
| ||
(iv) The school district issuing the bonds is a unit | ||
school district
located in a county of less than 70,000 and | ||
more than 50,000 inhabitants,
which has an average daily | ||
attendance of less than 1,500 and an equalized
assessed | ||
valuation of less than $29,000,000.
| ||
(h) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1998, a | ||
community unit school
district maintaining grades K through 12 |
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27.6% of the equalized assessed
| ||
value of the taxable property in the district, if all of the | ||
following
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $24,000,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement of existing | ||
school buildings of the district,
all of which buildings | ||
were originally constructed not less than 40 years ago;
| ||
(iii) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
March 19, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(i) Notwithstanding any other provisions of this Section or | ||
the provisions
of any other law, until January 1, 1998, a | ||
community unit school district
maintaining grades K through 12 | ||
may issue bonds up to an amount, including
existing | ||
indebtedness, not exceeding 27% of the equalized assessed value | ||
of the
taxable property in the district, if all of the | ||
following conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $44,600,000;
| ||
(ii) The bonds are issued for the capital improvement, | ||
renovation,
rehabilitation, or replacement
of existing |
school buildings of the district, all of which
existing | ||
buildings were originally constructed not less than 80 | ||
years ago;
| ||
(iii) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
December 31, 1996; and
| ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(j) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 1999, a | ||
community unit school
district maintaining grades K through 12 | ||
may issue bonds up to an amount,
including existing | ||
indebtedness, not exceeding 27% of the equalized assessed
value | ||
of the taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 of less than $140,000,000 | ||
and a best 3 months
average daily
attendance for the | ||
1995-96 school year of at least 2,800;
| ||
(ii) The bonds are issued to purchase a site and build | ||
and equip a new
high school, and the school district's | ||
existing high school was originally
constructed not less | ||
than 35
years prior to the sale of the bonds;
| ||
(iii) At the time of the sale of the bonds, the board | ||
of education
determines
by resolution that a new high | ||
school is needed because of projected enrollment
|
increases;
| ||
(iv) At least 60% of those voting in an election held
| ||
after December 31, 1996 approve a proposition
for the | ||
issuance of
the bonds; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(k) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section, a school district that meets | ||
all the criteria set forth in
paragraphs (1) through (4) of | ||
this subsection (k) may issue bonds to incur an
additional | ||
indebtedness in an amount not to exceed $4,000,000 even though | ||
the
amount of the additional indebtedness authorized by this | ||
subsection (k), when
incurred and added to the aggregate amount | ||
of indebtedness of the school
district existing immediately | ||
prior to the school district incurring such
additional | ||
indebtedness, causes the aggregate indebtedness of the school
| ||
district to exceed or increases the amount by which the | ||
aggregate indebtedness
of the district already exceeds the debt | ||
limitation otherwise applicable to
that school district under | ||
subsection (a):
| ||
(1) the school district is located in 2 counties, and a | ||
referendum to
authorize the additional indebtedness was | ||
approved by a majority of the voters
of the school district | ||
voting on the proposition to authorize that
indebtedness;
| ||
(2) the additional indebtedness is for the purpose of | ||
financing a
multi-purpose room addition to the existing |
high school;
| ||
(3) the additional indebtedness, together with the | ||
existing indebtedness
of the school district, shall not | ||
exceed 17.4% of the value of the taxable
property in the | ||
school district, to be ascertained by the last assessment | ||
for
State and county taxes; and
| ||
(4) the bonds evidencing the additional indebtedness | ||
are issued, if at
all, within 120 days of the effective | ||
date of this amendatory Act of 1998.
| ||
(l) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until January 1, 2000, a | ||
school district
maintaining grades kindergarten through 8 may | ||
issue bonds up to an amount,
including existing indebtedness, | ||
not exceeding 15% of the equalized assessed
value of the | ||
taxable property in the district if all of the following
| ||
conditions are met:
| ||
(i) the district has an equalized assessed valuation | ||
for calendar year
1996 of less than $10,000,000;
| ||
(ii) the bonds are issued for capital improvement, | ||
renovation,
rehabilitation, or replacement of one or more | ||
school buildings of the district,
which buildings were | ||
originally constructed not less than 70 years ago;
| ||
(iii) the voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held on or | ||
after March 17, 1998; and
| ||
(iv) the bonds are issued pursuant to Sections 19-2 |
through 19-7 of this
Code.
| ||
(m) Notwithstanding any other provisions of this Section or | ||
the provisions
of
any other law, until January 1, 1999, an | ||
elementary school district maintaining
grades K through 8 may | ||
issue bonds up to an amount, excluding existing
indebtedness, | ||
not exceeding 18% of the equalized assessed value of the | ||
taxable
property in the district, if all of the following | ||
conditions are met:
| ||
(i) The school district has an equalized assessed | ||
valuation for calendar
year 1995 or less than $7,700,000;
| ||
(ii) The school district operates 2 elementary | ||
attendance centers that
until
1976 were operated as the | ||
attendance centers of 2 separate and distinct school
| ||
districts;
| ||
(iii) The bonds are issued for the construction of a | ||
new elementary school
building to replace an existing | ||
multi-level elementary school building of the
school | ||
district that is not handicapped accessible at all levels | ||
and parts of
which were constructed more than 75 years ago;
| ||
(iv) The voters of the school district approve a | ||
proposition for the
issuance of the bonds at a referendum | ||
held after July 1, 1998; and
| ||
(v) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this
Code.
| ||
(n) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of
this Section or any other provisions of this |
Section or of any other law, a
school district that meets all | ||
of the criteria set forth in paragraphs (i)
through (vi) of | ||
this subsection (n) may incur additional indebtedness by the
| ||
issuance of bonds in an amount not exceeding the amount | ||
certified by the
Capital Development Board to the school | ||
district as provided in paragraph (iii)
of
this subsection (n), | ||
even though the amount of the additional indebtedness so
| ||
authorized, when incurred and added to the aggregate amount of | ||
indebtedness of
the district existing immediately prior to the | ||
district incurring the
additional indebtedness authorized by | ||
this subsection (n), causes the aggregate
indebtedness of the | ||
district to exceed the debt limitation otherwise applicable
by | ||
law to that district:
| ||
(i) The school district applies to the State Board of | ||
Education for a
school construction project grant and | ||
submits a district facilities plan in
support
of its | ||
application pursuant to Section 5-20 of
the School | ||
Construction Law.
| ||
(ii) The school district's application and facilities | ||
plan are approved
by,
and the district receives a grant | ||
entitlement for a school construction project
issued by, | ||
the State Board of Education under the School Construction | ||
Law.
| ||
(iii) The school district has exhausted its bonding | ||
capacity or the unused
bonding capacity of the district is | ||
less than the amount certified by the
Capital Development |
Board to the district under Section 5-15 of the School
| ||
Construction Law as the dollar amount of the school | ||
construction project's cost
that the district will be | ||
required to finance with non-grant funds in order to
| ||
receive a school construction project grant under the | ||
School Construction Law.
| ||
(iv) The bonds are issued for a "school construction | ||
project", as that
term is defined in Section 5-5 of the | ||
School Construction Law, in an amount
that does not exceed | ||
the dollar amount certified, as provided in paragraph
(iii) | ||
of this subsection (n), by the Capital Development Board
to | ||
the school
district under Section 5-15 of the School | ||
Construction Law.
| ||
(v) The voters of the district approve a proposition | ||
for the issuance of
the bonds at a referendum held after | ||
the criteria specified in paragraphs (i)
and (iii) of this | ||
subsection (n) are met.
| ||
(vi) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of the
School Code.
| ||
(o) Notwithstanding any other provisions of this Section or | ||
the
provisions of any other law, until November 1, 2007, a | ||
community unit
school district maintaining grades K through 12 | ||
may issue bonds up to
an amount, including existing | ||
indebtedness, not exceeding 20% of the
equalized assessed value | ||
of the taxable property in the district if all of the
following | ||
conditions are met:
|
(i) the school district has an equalized assessed | ||
valuation
for calendar year 2001 of at least $737,000,000 | ||
and an enrollment
for the 2002-2003 school year of at least | ||
8,500;
| ||
(ii) the bonds are issued to purchase school sites, | ||
build and
equip a new high school, build and equip a new | ||
junior high school,
build and equip 5 new elementary | ||
schools, and make technology
and other improvements and | ||
additions to existing schools;
| ||
(iii) at the time of the sale of the bonds, the board | ||
of
education determines by resolution that the sites and | ||
new or
improved facilities are needed because of projected | ||
enrollment
increases;
| ||
(iv) at least 57% of those voting in a general election | ||
held
prior to January 1, 2003 approved a proposition for | ||
the issuance of
the bonds; and
| ||
(v) the bonds are issued pursuant to Sections 19-2 | ||
through
19-7 of this Code.
| ||
(p) Notwithstanding any other provisions of this Section or | ||
the provisions of any other law, a community unit school | ||
district maintaining grades K through 12 may issue bonds up to | ||
an amount, including indebtedness, not exceeding 27% of the | ||
equalized assessed value of the taxable property in the | ||
district if all of the following conditions are met: | ||
(i) The school district has an equalized assessed | ||
valuation for calendar year 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the | ||
2002-2003 school year of at least 2,394. | ||
(ii) The bonds are issued to build and equip 3 | ||
elementary school buildings; build and equip one middle | ||
school building; and alter, repair, improve, and equip all | ||
existing school buildings in the district. | ||
(iii) At the time of the sale of the bonds, the board | ||
of education determines by resolution that the project is | ||
needed because of expanding growth in the school district | ||
and a projected enrollment increase. | ||
(iv) The bonds are issued pursuant to Sections 19-2 | ||
through 19-7 of this Code.
| ||
(p-5) Notwithstanding any other provisions of this Section | ||
or the provisions of any other law, bonds issued by a community | ||
unit school district maintaining grades K through 12 shall not | ||
be considered indebtedness for purposes of any statutory | ||
limitation and may be issued in an amount or amounts, including | ||
existing indebtedness, in excess of any heretofore or hereafter | ||
imposed statutory limitation as to indebtedness, if all of the | ||
following conditions are met: | ||
(i) For each of the 4 most recent years, residential | ||
property comprises more than 80% of the equalized assessed | ||
valuation of the district. | ||
(ii) At least 2 school buildings that were constructed | ||
40 or more years prior to the issuance of the bonds will be | ||
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. | ||
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the new buildings or | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 25% of the equalized | ||
assessed value of the taxable property in the district. | ||
(vi) The bonds are issued prior to January 1, 2007, | ||
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-10) Notwithstanding any other provisions of this | ||
Section or the provisions of any other law, bonds issued by a | ||
community consolidated school district maintaining grades K | ||
through 8 shall not be considered indebtedness for purposes of | ||
any statutory limitation and may be issued in an amount or | ||
amounts, including existing indebtedness, in excess of any | ||
heretofore or hereafter imposed statutory limitation as to | ||
indebtedness, if all of the following conditions are met: | ||
(i) For each of the 4 most recent years, residential | ||
and farm property comprises more than 80% of the equalized | ||
assessed valuation of the district. | ||
(ii) The bond proceeds are to be used to acquire and | ||
improve school sites and build and equip a school building. |
(iii) Voters of the district approve a proposition for | ||
the issuance of the bonds at a regularly scheduled | ||
election. | ||
(iv) At the time of the sale of the bonds, the school | ||
board determines by resolution that the school sites and | ||
building additions are needed because of an increase in | ||
enrollment projected by the school board. | ||
(v) The principal amount of the bonds, including | ||
existing indebtedness, does not exceed 20% of the equalized | ||
assessed value of the taxable property in the district. | ||
(vi) The bonds are issued prior to January 1, 2007, | ||
pursuant to Sections 19-2 through 19-7 of this Code.
| ||
(p-15) In addition to all other authority to issue bonds, | ||
the Oswego Community Unit School District Number 308 may issue | ||
bonds with an aggregate principal amount not to exceed | ||
$450,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a | ||
proposition for the bond issue at the general election held | ||
on November 7, 2006. | ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school building, new junior high | ||
school buildings, new elementary school buildings, early | ||
childhood building, maintenance building, transportation | ||
facility, and additions to existing school buildings, the |
altering, repairing, equipping, and provision of | ||
technology improvements to existing school buildings, and | ||
the acquisition and improvement of school sites, as the | ||
case may be, are required as a result of a projected | ||
increase in the enrollment of students in the district; and | ||
(B) the sale of bonds for these purposes is authorized by | ||
legislation that exempts the debt incurred on the bonds | ||
from the district's statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before November 7, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $450,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
general election held on November 7, 2006. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-15) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-20) In addition to all other authority to issue bonds, | ||
the Lincoln-Way Community High School District Number 210 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$225,000,000, but only if all of the following conditions are | ||
met: | ||
(i) The voters of the district have approved a |
proposition for the bond issue at the general primary | ||
election held on March 21, 2006. | ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of the new high school buildings, the altering, | ||
repairing, and equipping of existing school buildings, and | ||
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by legislation that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation.
| ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before March 21, 2011, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $225,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used only to | ||
accomplish those projects approved by the voters at the | ||
primary election held on March 21, 2006. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-20) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-25) In addition to all other authority to issue bonds, | ||
Rochester Community Unit School District 3A may issue bonds |
with an aggregate principal amount not to exceed $18,500,000, | ||
but only if all of the following conditions are met: | ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at the general primary election held | ||
in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that: (A) the building and | ||
equipping of a new high school building; the addition of | ||
classrooms and support facilities at the high school, | ||
middle school, and elementary school; the altering, | ||
repairing, and equipping of existing school buildings; and | ||
the improvement of school sites, as the case may be, are | ||
required as a result of a projected increase in the | ||
enrollment of students in the district; and (B) the sale of | ||
bonds for these purposes is authorized by a law that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(iii) The bonds are issued, in one or more bond issues, | ||
on or before December 31, 2012, but the aggregate principal | ||
amount issued in all such bond issues combined must not | ||
exceed $18,500,000. | ||
(iv) The bonds are issued in accordance with this | ||
Article 19. | ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the primary | ||
election held in 2008.
|
The debt incurred on any bonds issued under this subsection | ||
(p-25) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-30) In addition to all other authority to issue bonds, | ||
Prairie Grove Consolidated School District 46 may issue bonds | ||
with an aggregate principal amount not to exceed $30,000,000, | ||
but only if all of the following conditions are met:
| ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at an election held in 2008.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the building and | ||
equipping of a new school building and additions to | ||
existing school buildings are required as a result of a | ||
projected increase in the enrollment of students in the | ||
district and (B) the altering, repairing, and equipping of | ||
existing school buildings are required because of the age | ||
of the existing school buildings.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2012; however, the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $30,000,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held in 2008.
|
The debt incurred on any bonds issued under this subsection | ||
(p-30) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-35) In addition to all other authority to issue bonds, | ||
Prairie Hill Community Consolidated School District 133 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$13,900,000, but only if all of the following conditions are | ||
met:
| ||
(i) The voters of the district approved a proposition | ||
for the bond issuance at an election held on April 17, | ||
2007.
| ||
(ii) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (A) the improvement | ||
of the site of and the building and equipping of a school | ||
building are required as a result of a projected increase | ||
in the enrollment of students in the district and (B) the | ||
repairing and equipping of the Prairie Hill Elementary | ||
School building is required because of the age of that | ||
school building.
| ||
(iii) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $13,900,000.
| ||
(iv) The bonds are issued in accordance with this | ||
Article.
| ||
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election | ||
held on April 17, 2007.
| ||
The debt incurred on any bonds issued under this subsection | ||
(p-35) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation.
| ||
(p-40) In addition to all other authority to issue bonds, | ||
Mascoutah Community Unit District 19 may issue bonds with an | ||
aggregate principal amount not to exceed $55,000,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at a regular election held on or | ||
after November 4, 2008. | ||
(2) At the time of the sale of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new high school building is required as a | ||
result of a projected increase in the enrollment of | ||
students in the district and the age and condition of the | ||
existing high school building, (ii) the existing high | ||
school building will be demolished, and (iii) the sale of | ||
bonds is authorized by statute that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before December 31, 2011, but the | ||
aggregate principal amount issued in all such bond | ||
issuances combined must not exceed $55,000,000. |
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at a regular | ||
election held on or after November 4, 2008. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-40) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-45) Notwithstanding the provisions of subsection (a) of | ||
this Section or of any other law, bonds issued pursuant to | ||
Section 19-3.5 of this Code shall not be considered | ||
indebtedness for purposes of any statutory limitation if the | ||
bonds are issued in an amount or amounts, including existing | ||
indebtedness of the school district, not in excess of 18.5% of | ||
the value of the taxable property in the district to be | ||
ascertained by the last assessment for State and county taxes. | ||
(p-50) Notwithstanding the provisions of subsection (a) of
| ||
this Section or of any other law, bonds issued pursuant to
| ||
Section 19-3.10 of this Code shall not be considered
| ||
indebtedness for purposes of any statutory limitation if the
| ||
bonds are issued in an amount or amounts, including existing
| ||
indebtedness of the school district, not in excess of 43% of
| ||
the value of the taxable property in the district to be
| ||
ascertained by the last assessment for State and county taxes. | ||
(p-55) In addition to all other authority to issue bonds, | ||
Belle Valley School District 119 may issue bonds with an |
aggregate principal amount not to exceed $47,500,000, but only | ||
if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after April | ||
7, 2009. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of mine subsidence in an existing school building and | ||
because of the age and condition of another existing school | ||
building and (ii) the issuance of bonds is authorized by | ||
statute that exempts the debt incurred on the bonds from | ||
the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $47,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after April 7, 2009. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-55) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-55) must mature within not to exceed 30 years from their |
date, notwithstanding any other law to the contrary. | ||
(p-60) In addition to all other authority to issue bonds, | ||
Wilmington Community Unit School District Number 209-U may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$2,285,000, but only if all of the following conditions are | ||
met: | ||
(1) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on March 21, 2006. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the projects | ||
approved by the voters were and are required because of the | ||
age and condition of the school district's prior and | ||
existing school buildings and (ii) the issuance of the | ||
bonds is authorized by legislation that exempts the debt | ||
incurred on the bonds from the district's statutory debt | ||
limitation. | ||
(3) The bonds are issued in one or more bond issuances | ||
on or before March 1, 2011, but the aggregate principal | ||
amount issued in all those bond issuances combined must not | ||
exceed $2,285,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-60) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. |
(p-65) In addition to all other authority to issue bonds, | ||
West Washington County Community Unit School District 10 may | ||
issue bonds with an aggregate principal amount not to exceed | ||
$32,200,000 and maturing over a period not exceeding 25 years, | ||
but only if all of the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
February 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (A) all or a portion | ||
of the existing Okawville Junior/Senior High School | ||
Building will be demolished; (B) the building and equipping | ||
of a new school building to be attached to and the | ||
alteration, repair, and equipping of the remaining portion | ||
of the Okawville Junior/Senior High School Building is | ||
required because of the age and current condition of that | ||
school building; and (C) the issuance of bonds is | ||
authorized by a statute that exempts the debt incurred on | ||
the bonds from the district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before March 31, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $32,200,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election | ||
held on or after February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-65) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-70) In addition to all other authority to issue bonds, | ||
Cahokia Community Unit School District 187 may issue bonds with | ||
an aggregate principal amount not to exceed $50,000,000, but | ||
only if all the following conditions are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 2, 2010. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2016, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$50,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election | ||
held on or after November 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-70) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-70) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-75) Notwithstanding the debt limitation prescribed in | ||
subsection (a) of this Section
or any other provisions of this | ||
Section or of any other law, the execution of leases on or
| ||
after January 1, 2007 and before July 1, 2011 by the Board of | ||
Education of Peoria School District 150 with a public building | ||
commission for leases entered into pursuant to the Public
| ||
Building Commission Act shall not be considered indebtedness | ||
for purposes of any
statutory debt limitation. | ||
This subsection (p-75) applies only if the State Board of | ||
Education or the Capital Development Board makes one or more | ||
grants to Peoria School District 150 pursuant to the School | ||
Construction Law. The amount exempted from the debt limitation | ||
as prescribed in this subsection (p-75) shall be no greater | ||
than the amount of one or more grants awarded to Peoria School | ||
District 150 by the State Board of Education or the Capital | ||
Development Board. | ||
(p-80) In addition to all other authority to issue bonds, | ||
Ridgeland School District 122 may issue bonds with an aggregate |
principal amount not to exceed $50,000,000 for the purpose of | ||
refunding or continuing to refund bonds originally issued | ||
pursuant to voter approval at the general election held on | ||
November 7, 2000, and the debt incurred on any bonds issued | ||
under this subsection (p-80) shall not be considered | ||
indebtedness for purposes of any statutory debt limitation. | ||
Bonds issued under this subsection (p-80) may be issued in one | ||
or more issuances and must mature within not to exceed 25 years | ||
from their date, notwithstanding any other law, including | ||
Section 19-3 of this Code, to the contrary. | ||
(p-85) In addition to all other authority to issue bonds, | ||
Hall High School District 502 may issue bonds with an aggregate | ||
principal amount not to exceed $32,000,000, but only if all the | ||
following conditions are met: | ||
(1) The voters of the district approve a proposition
| ||
for the bond issuance at an election held on or after April | ||
9, 2013. | ||
(2) Prior to the issuance of the bonds, the school
| ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building, | ||
(ii) the existing school building should be demolished in | ||
its entirety or the existing school building should be | ||
demolished except for the 1914 west wing of the building, | ||
and (iii) the issuance of bonds is authorized by a statute | ||
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, not | ||
later than 5 years after the date of the referendum | ||
approving the issuance of the bonds, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $32,000,000. | ||
(4) The bonds are issued in accordance with this
| ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish
| ||
only those projects approved by the voters at an election | ||
held on or after April 9, 2013. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-85) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-85) must mature within not to exceed 30 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-90) In addition to all other authority to issue bonds, | ||
Lebanon Community Unit School District 9 may issue bonds with | ||
an aggregate principal amount not to exceed $7,500,000, but | ||
only if all of the following conditions are met: | ||
(1) The voters of the district approved a proposition | ||
for the bond issuance at the general primary election on | ||
February 2, 2010. | ||
(2) At or prior to the time of the sale of the bonds, | ||
the school board determines, by resolution, that (i) the |
building and equipping of a new elementary school building | ||
is required as a result of a projected increase in the | ||
enrollment of students in the district and the age and | ||
condition of the existing Lebanon Elementary School | ||
building, (ii) a portion of the existing Lebanon Elementary | ||
School building will be demolished and the remaining | ||
portion will be altered, repaired, and equipped, and (iii) | ||
the sale of bonds is authorized by a statute that exempts | ||
the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more bond | ||
issuances, on or before April 1, 2014, but the aggregate | ||
principal amount issued in all such bond issuances combined | ||
must not exceed $7,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at the general | ||
primary election held on February 2, 2010. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-90) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. | ||
(p-95) In addition to all other authority to issue bonds, | ||
Monticello Community Unit School District 25 may issue bonds | ||
with an aggregate principal amount not to exceed $35,000,000, | ||
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$35,000,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. | ||
The debt incurred on any bonds issued under this subsection | ||
(p-95) shall not be considered indebtedness for purposes of any | ||
statutory debt limitation. Bonds issued under this subsection | ||
(p-95) must mature within not to exceed 25 years from their | ||
date, notwithstanding any other law, including Section 19-3 of | ||
this Code, to the contrary. | ||
(p-100) (p-95) In addition to all other authority to issue |
bonds, the community unit school district created in the | ||
territory comprising Milford Community Consolidated School | ||
District 280 and Milford Township High School District 233, as | ||
approved at the general primary election held on March 18, | ||
2014, may issue bonds with an aggregate principal amount not to | ||
exceed $17,500,000, but only if all the following conditions | ||
are met: | ||
(1) The voters of the district approve a proposition | ||
for the bond issuance at an election held on or after | ||
November 4, 2014. | ||
(2) Prior to the issuance of the bonds, the school | ||
board determines, by resolution, that (i) the building and | ||
equipping of a new school building is required as a result | ||
of the age and condition of an existing school building and | ||
(ii) the issuance of bonds is authorized by a statute that | ||
exempts the debt incurred on the bonds from the district's | ||
statutory debt limitation. | ||
(3) The bonds are issued, in one or more issuances, on | ||
or before July 1, 2020, but the aggregate principal amount | ||
issued in all such bond issuances combined must not exceed | ||
$17,500,000. | ||
(4) The bonds are issued in accordance with this | ||
Article. | ||
(5) The proceeds of the bonds are used to accomplish | ||
only those projects approved by the voters at an election | ||
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this subsection | ||
(p-100) (p-95) shall not be considered indebtedness for | ||
purposes of any statutory debt limitation. Bonds issued under | ||
this subsection (p-100) (p-95) must mature within not to exceed | ||
25 years from their date, notwithstanding any other law, | ||
including Section 19-3 of this Code, to the contrary. | ||
(q) A school district must notify the State Board of | ||
Education prior to issuing any form of long-term or short-term | ||
debt that will result in outstanding debt that exceeds 75% of | ||
the debt limit specified in this Section or any other provision | ||
of law.
| ||
(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12; | ||
97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff. | ||
8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
| ||
(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||
Sec. 24-12. Removal or dismissal of teachers in contractual
| ||
continued service. | ||
(a) This subsection (a) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided on or before the end of the 2010-2011 school term. If | ||
a teacher in contractual continued service is
removed or | ||
dismissed as a result of a decision of the board to decrease
| ||
the number of teachers employed by the board or to discontinue | ||
some
particular type of teaching service, written notice shall | ||
be mailed to the
teacher and also given the
teacher either by |
certified mail, return receipt requested or
personal delivery | ||
with receipt at least 60
days before
the end of the school | ||
term, together with a statement of honorable
dismissal and the | ||
reason therefor, and in all such cases the board shall
first | ||
remove or dismiss all teachers who have not entered upon | ||
contractual
continued service before removing or dismissing | ||
any teacher who has entered
upon contractual continued service | ||
and who is legally qualified to hold a
position currently held | ||
by a teacher who has not entered upon contractual
continued | ||
service. | ||
As between teachers who have entered upon contractual
| ||
continued service, the teacher or teachers with the shorter | ||
length of
continuing service with the district shall be | ||
dismissed first
unless an alternative method of determining the | ||
sequence of dismissal is
established in a collective bargaining | ||
agreement or contract between the
board and a professional | ||
faculty members' organization and except that
this provision | ||
shall not impair the operation of any affirmative action
| ||
program in the district, regardless of whether it exists by | ||
operation of
law or is conducted on a voluntary basis by the | ||
board. Any teacher
dismissed as a result of such decrease or | ||
discontinuance shall be paid
all earned compensation on or | ||
before the third business day following
the last day of pupil | ||
attendance in the regular school term. | ||
If the
board has any vacancies for the following school | ||
term or within one
calendar year from the beginning of the |
following school term, the
positions thereby becoming | ||
available shall be tendered to the teachers
so removed or | ||
dismissed so far as they are legally qualified to hold
such | ||
positions; provided, however, that if the number of honorable
| ||
dismissal notices based on economic necessity exceeds 15% of | ||
the number of
full time equivalent positions filled by | ||
certified employees (excluding
principals and administrative | ||
personnel) during the preceding school year,
then if the board | ||
has any vacancies for the following school term or within
2 | ||
calendar years from the beginning of the following
school term, | ||
the positions so becoming available shall be tendered to the
| ||
teachers who were so notified and removed or dismissed whenever | ||
they are
legally qualified to hold such positions. Each board | ||
shall, in consultation
with any exclusive employee | ||
representatives, each year establish a list,
categorized by | ||
positions, showing the length of continuing service of each
| ||
teacher who is qualified to hold any such positions, unless an | ||
alternative
method of determining a sequence of dismissal is | ||
established as provided
for in this Section, in which case a | ||
list shall be made in accordance with
the alternative method. | ||
Copies of the list shall be distributed to the
exclusive | ||
employee representative on or before February 1 of each year.
| ||
Whenever the number of honorable dismissal notices based upon | ||
economic
necessity exceeds 5, or 150% of the average number of | ||
teachers honorably
dismissed in the preceding 3 years, | ||
whichever is more, then the board also
shall hold a public |
hearing on the question of the dismissals. Following
the | ||
hearing and board review the action to approve any such | ||
reduction shall
require a majority vote of the board members.
| ||
(b) This subsection (b) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided during the 2011-2012 school term or a subsequent | ||
school term. If any teacher, whether or not in contractual | ||
continued service, is removed or dismissed as a result of a | ||
decision of a school board to decrease the number of teachers | ||
employed by the board, a decision of a school board to | ||
discontinue some particular type of teaching service, or a | ||
reduction in the number of programs or positions in a special | ||
education joint agreement, then written notice must be mailed | ||
to the teacher and also given to the teacher either by | ||
certified mail, return receipt requested, or personal delivery | ||
with receipt at least 45 days before the end of the school | ||
term, together with a statement of honorable dismissal and the | ||
reason therefor, and in all such cases the sequence of | ||
dismissal shall occur in accordance with this subsection (b); | ||
except that this subsection (b) shall not impair the operation | ||
of any affirmative action program in the school district, | ||
regardless of whether it exists by operation of law or is | ||
conducted on a voluntary basis by the board. | ||
Each teacher must be categorized into one or more positions | ||
for which the teacher is qualified to hold, based upon legal | ||
qualifications and any other qualifications established in a |
district or joint agreement job description, on or before the | ||
May 10 prior to the school year during which the sequence of | ||
dismissal is determined. Within each position and subject to | ||
agreements made by the joint committee on honorable dismissals | ||
that are authorized by subsection (c) of this Section, the | ||
school district or joint agreement must establish 4 groupings | ||
of teachers qualified to hold the position as follows: | ||
(1) Grouping one shall consist of each teacher who is | ||
not in contractual continued service and who (i) has not | ||
received a performance evaluation rating, (ii) is employed | ||
for one school term or less to replace a teacher on leave, | ||
or (iii) is employed on a part-time basis. "Part-time | ||
basis" for the purposes of this subsection (b) means a | ||
teacher who is employed to teach less than a full-day, | ||
teacher workload or less than 5 days of the normal student | ||
attendance week, unless otherwise provided for in a | ||
collective bargaining agreement between the district and | ||
the exclusive representative of the district's teachers. | ||
For the purposes of this Section, a teacher (A) who is | ||
employed as a full-time teacher but who actually teaches or | ||
is otherwise present and participating in the district's | ||
educational program for less than a school term or (B) who, | ||
in the immediately previous school term, was employed on a | ||
full-time basis and actually taught or was otherwise | ||
present and participated in the district's educational | ||
program for 120 days or more is not considered employed on |
a part-time basis. | ||
(2) Grouping 2 shall consist of each teacher with a | ||
Needs Improvement or Unsatisfactory performance evaluation | ||
rating on either of the teacher's last 2 performance | ||
evaluation ratings. | ||
(3) Grouping 3 shall consist of each teacher with a | ||
performance evaluation rating of at least Satisfactory or | ||
Proficient on both of the teacher's last 2 performance | ||
evaluation ratings, if 2 ratings are available, or on the | ||
teacher's last performance evaluation rating, if only one | ||
rating is available, unless the teacher qualifies for | ||
placement into grouping 4. | ||
(4) Grouping 4 shall consist of each teacher whose last | ||
2 performance evaluation ratings are Excellent and each | ||
teacher with 2 Excellent performance evaluation ratings | ||
out of the teacher's last 3 performance evaluation ratings | ||
with a third rating of Satisfactory or Proficient. | ||
Among teachers qualified to hold a position, teachers must | ||
be dismissed in the order of their groupings, with teachers in | ||
grouping one dismissed first and teachers in grouping 4 | ||
dismissed last. | ||
Within grouping one, the sequence of dismissal must be at | ||
the discretion of the school district or joint agreement. | ||
Within grouping 2, the sequence of dismissal must be based upon | ||
average performance evaluation ratings, with the teacher or | ||
teachers with the lowest average performance evaluation rating |
dismissed first. A teacher's average performance evaluation | ||
rating must be calculated using the average of the teacher's | ||
last 2 performance evaluation ratings, if 2 ratings are | ||
available, or the teacher's last performance evaluation | ||
rating, if only one rating is available, using the following | ||
numerical values: 4 for Excellent; 3 for Proficient or | ||
Satisfactory; 2 for Needs Improvement; and 1 for | ||
Unsatisfactory. As between or among teachers in grouping 2 with | ||
the same average performance evaluation rating and within each | ||
of groupings 3 and 4, the teacher or teachers with the shorter | ||
length of continuing service with the school district or joint | ||
agreement must be dismissed first unless an alternative method | ||
of determining the sequence of dismissal is established in a | ||
collective bargaining agreement or contract between the board | ||
and a professional faculty members' organization. | ||
Each board, including the governing board of a joint | ||
agreement, shall, in consultation with any exclusive employee | ||
representatives, each year establish a sequence of honorable | ||
dismissal list categorized by positions and the groupings | ||
defined in this subsection (b). Copies of the list showing each | ||
teacher by name and categorized by positions and the groupings | ||
defined in this subsection (b) must be distributed to the | ||
exclusive bargaining representative at least 75 days before the | ||
end of the school term, provided that the school district or | ||
joint agreement may, with notice to any exclusive employee | ||
representatives, move teachers from grouping one into another |
grouping during the period of time from 75 days until 45 days | ||
before the end of the school term. Each year, each board shall | ||
also establish, in consultation with any exclusive employee | ||
representatives, a list showing the length of continuing | ||
service of each teacher who is qualified to hold any such | ||
positions, unless an alternative method of determining a | ||
sequence of dismissal is established as provided for in this | ||
Section, in which case a list must be made in accordance with | ||
the alternative method. Copies of the list must be distributed | ||
to the exclusive employee representative at least 75 days | ||
before the end of the school term. | ||
Any teacher dismissed as a result of such decrease or | ||
discontinuance must be paid all earned compensation on or | ||
before the third business day following the last day of pupil | ||
attendance in the regular school term. | ||
If the board or joint agreement has any vacancies for the | ||
following school term or within one calendar year from the | ||
beginning of the following school term, the positions thereby | ||
becoming available must be tendered to the teachers so removed | ||
or dismissed who were in groupings 3 or 4 of the sequence of | ||
dismissal and are qualified to hold the positions, based upon | ||
legal qualifications and any other qualifications established | ||
in a district or joint agreement job description, on or before | ||
the May 10 prior to the date of the positions becoming | ||
available, provided that if the number of honorable dismissal | ||
notices based on economic necessity exceeds 15% of the number |
of full-time equivalent positions filled by certified | ||
employees (excluding principals and administrative personnel) | ||
during the preceding school year, then the recall period is for | ||
the following school term or within 2 calendar years from the | ||
beginning of the following school term. If the board or joint | ||
agreement has any vacancies within the period from the | ||
beginning of the following school term through February 1 of | ||
the following school term (unless a date later than February 1, | ||
but no later than 6 months from the beginning of the following | ||
school term, is established in a collective bargaining | ||
agreement), the positions thereby becoming available must be | ||
tendered to the teachers so removed or dismissed who were in | ||
grouping 2 of the sequence of dismissal due to one "needs | ||
improvement" rating on either of the teacher's last 2 | ||
performance evaluation ratings, provided that, if 2 ratings are | ||
available, the other performance evaluation rating used for | ||
grouping purposes is "satisfactory", "proficient", or | ||
"excellent", and are qualified to hold the positions, based | ||
upon legal qualifications and any other qualifications | ||
established in a district or joint agreement job description, | ||
on or before the May 10 prior to the date of the positions | ||
becoming available. On and after the effective date of this | ||
amendatory Act of the 98th General Assembly, the preceding | ||
sentence shall apply to teachers removed or dismissed by | ||
honorable dismissal, even if notice of honorable dismissal | ||
occurred during the 2013-2014 school year. Among teachers |
eligible for recall pursuant to the preceding sentence, the | ||
order of recall must be in inverse order of dismissal, unless | ||
an alternative order of recall is established in a collective | ||
bargaining agreement or contract between the board and a | ||
professional faculty members' organization. Whenever the | ||
number of honorable dismissal notices based upon economic | ||
necessity exceeds 5 notices or 150% of the average number of | ||
teachers honorably dismissed in the preceding 3 years, | ||
whichever is more, then the school board or governing board of | ||
a joint agreement, as applicable, shall also hold a public | ||
hearing on the question of the dismissals. Following the | ||
hearing and board review, the action to approve any such | ||
reduction shall require a majority vote of the board members. | ||
For purposes of this subsection (b), subject to agreement | ||
on an alternative definition reached by the joint committee | ||
described in subsection (c) of this Section, a teacher's | ||
performance evaluation rating means the overall performance | ||
evaluation rating resulting from an annual or biennial | ||
performance evaluation conducted pursuant to Article 24A of | ||
this Code by the school district or joint agreement determining | ||
the sequence of dismissal, not including any performance | ||
evaluation conducted during or at the end of a remediation | ||
period. No more than one evaluation rating each school term | ||
shall be one of the evaluation ratings used for the purpose of | ||
determining the sequence of dismissal. Except as otherwise | ||
provided in this subsection for any performance evaluations |
conducted during or at the end of a remediation period, if | ||
multiple performance evaluations are conducted in a school | ||
term, only the rating from the last evaluation conducted prior | ||
to establishing the sequence of honorable dismissal list in | ||
such school term shall be the one evaluation rating from that | ||
school term used for the purpose of determining the sequence of | ||
dismissal. Averaging ratings from multiple evaluations is not | ||
permitted unless otherwise agreed to in a collective bargaining | ||
agreement or contract between the board and a professional | ||
faculty members' organization. The preceding 3 sentences are | ||
not a legislative declaration that existing law does or does | ||
not already require that only one performance evaluation each | ||
school term shall be used for the purpose of determining the | ||
sequence of dismissal. For performance evaluation ratings | ||
determined prior to September 1, 2012, any school district or | ||
joint agreement with a performance evaluation rating system | ||
that does not use either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code for | ||
all teachers must establish a basis for assigning each teacher | ||
a rating that complies with subsection (d) of Section 24A-5 of | ||
this Code for all of the performance evaluation ratings that | ||
are to be used to determine the sequence of dismissal. A | ||
teacher's grouping and ranking on a sequence of honorable | ||
dismissal shall be deemed a part of the teacher's performance | ||
evaluation, and that information shall be disclosed to the | ||
exclusive bargaining representative as part of a sequence of |
honorable dismissal list, notwithstanding any laws prohibiting | ||
disclosure of such information. A performance evaluation | ||
rating may be used to determine the sequence of dismissal, | ||
notwithstanding the pendency of any grievance resolution or | ||
arbitration procedures relating to the performance evaluation. | ||
If a teacher has received at least one performance evaluation | ||
rating conducted by the school district or joint agreement | ||
determining the sequence of dismissal and a subsequent | ||
performance evaluation is not conducted in any school year in | ||
which such evaluation is required to be conducted under Section | ||
24A-5 of this Code, the teacher's performance evaluation rating | ||
for that school year for purposes of determining the sequence | ||
of dismissal is deemed Proficient. If a performance evaluation | ||
rating is nullified as the result of an arbitration, | ||
administrative agency, or court determination, then the school | ||
district or joint agreement is deemed to have conducted a | ||
performance evaluation for that school year, but the | ||
performance evaluation rating may not be used in determining | ||
the sequence of dismissal. | ||
Nothing in this subsection (b) shall be construed as | ||
limiting the right of a school board or governing board of a | ||
joint agreement to dismiss a teacher not in contractual | ||
continued service in accordance with Section 24-11 of this | ||
Code. | ||
Any provisions regarding the sequence of honorable | ||
dismissals and recall of honorably dismissed teachers in a |
collective bargaining agreement entered into on or before | ||
January 1, 2011 and in effect on the effective date of this | ||
amendatory Act of the 97th General Assembly that may conflict | ||
with this amendatory Act of the 97th General Assembly shall | ||
remain in effect through the expiration of such agreement or | ||
June 30, 2013, whichever is earlier. | ||
(c) Each school district and special education joint | ||
agreement must use a joint committee composed of equal | ||
representation selected by the school board and its teachers | ||
or, if applicable, the exclusive bargaining representative of | ||
its teachers, to address the matters described in paragraphs | ||
(1) through (5) of this subsection (c) pertaining to honorable | ||
dismissals under subsection (b) of this Section. | ||
(1) The joint committee must consider and may agree to | ||
criteria for excluding from grouping 2 and placing into | ||
grouping 3 a teacher whose last 2 performance evaluations | ||
include a Needs Improvement and either a Proficient or | ||
Excellent. | ||
(2) The joint committee must consider and may agree to | ||
an alternative definition for grouping 4, which definition | ||
must take into account prior performance evaluation | ||
ratings and may take into account other factors that relate | ||
to the school district's or program's educational | ||
objectives. An alternative definition for grouping 4 may | ||
not permit the inclusion of a teacher in the grouping with | ||
a Needs Improvement or Unsatisfactory performance |
evaluation rating on either of the teacher's last 2 | ||
performance evaluation ratings. | ||
(3) The joint committee may agree to including within | ||
the definition of a performance evaluation rating a | ||
performance evaluation rating administered by a school | ||
district or joint agreement other than the school district | ||
or joint agreement determining the sequence of dismissal. | ||
(4) For each school district or joint agreement that | ||
administers performance evaluation ratings that are | ||
inconsistent with either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code, | ||
the school district or joint agreement must consult with | ||
the joint committee on the basis for assigning a rating | ||
that complies with subsection (d) of Section 24A-5 of this | ||
Code to each performance evaluation rating that will be | ||
used in a sequence of dismissal. | ||
(5) Upon request by a joint committee member submitted | ||
to the employing board by no later than 10 days after the | ||
distribution of the sequence of honorable dismissal list, a | ||
representative of the employing board shall, within 5 days | ||
after the request, provide to members of the joint | ||
committee a list showing the most recent and prior | ||
performance evaluation ratings of each teacher identified | ||
only by length of continuing service in the district or | ||
joint agreement and not by name. If, after review of this | ||
list, a member of the joint committee has a good faith |
belief that a disproportionate number of teachers with | ||
greater length of continuing service with the district or | ||
joint agreement have received a recent performance | ||
evaluation rating lower than the prior rating, the member | ||
may request that the joint committee review the list to | ||
assess whether such a trend may exist. Following the joint | ||
committee's review, but by no later than the end of the | ||
applicable school term, the joint committee or any member | ||
or members of the joint committee may submit a report of | ||
the review to the employing board and exclusive bargaining | ||
representative, if any. Nothing in this paragraph (5) shall | ||
impact the order of honorable dismissal or a school | ||
district's or joint agreement's authority to carry out a | ||
dismissal in accordance with subsection (b) of this | ||
Section. | ||
Agreement by the joint committee as to a matter requires | ||
the majority vote of all committee members, and if the joint | ||
committee does not reach agreement on a matter, then the | ||
otherwise applicable requirements of subsection (b) of this | ||
Section shall apply. Except as explicitly set forth in this | ||
subsection (c), a joint committee has no authority to agree to | ||
any further modifications to the requirements for honorable | ||
dismissals set forth in subsection (b) of this Section.
The | ||
joint committee must be established, and the first meeting of | ||
the joint committee each school year must occur on or before | ||
December 1. |
The joint committee must reach agreement on a matter on or | ||
before February 1 of a school year in order for the agreement | ||
of the joint committee to apply to the sequence of dismissal | ||
determined during that school year. Subject to the February 1 | ||
deadline for agreements, the agreement of a joint committee on | ||
a matter shall apply to the sequence of dismissal until the | ||
agreement is amended or terminated by the joint committee. | ||
(d) Notwithstanding anything to the contrary in this | ||
subsection (d), the requirements and dismissal procedures of | ||
Section 24-16.5 of this Code shall apply to any dismissal | ||
sought under Section 24-16.5 of this Code. | ||
(1) If a dismissal of a teacher in contractual | ||
continued service is sought for any reason or cause other | ||
than an honorable dismissal under subsections (a) or (b) of | ||
this Section or a dismissal sought under Section 24-16.5 of | ||
this Code,
including those under Section 10-22.4, the board | ||
must first approve a
motion containing specific charges by | ||
a majority vote of all its
members. Written notice of such | ||
charges, including a bill of particulars and the teacher's | ||
right to request a hearing, must be mailed to the teacher | ||
and also given to the teacher either by certified mail, | ||
return receipt requested, or personal delivery with | ||
receipt
within 5 days of the adoption of the motion. Any | ||
written notice sent on or after July 1, 2012 shall inform | ||
the teacher of the right to request a hearing before a | ||
mutually selected hearing officer, with the cost of the |
hearing officer split equally between the teacher and the | ||
board, or a hearing before a board-selected hearing | ||
officer, with the cost of the hearing officer paid by the | ||
board. | ||
Before setting a hearing on charges stemming from | ||
causes that are considered remediable, a board must give | ||
the teacher reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result in | ||
charges; however, no such written warning is required if | ||
the causes have been the subject of a remediation plan | ||
pursuant to Article 24A of this Code. | ||
If, in the opinion of the board, the interests of the | ||
school require it, the board may suspend the teacher | ||
without pay, pending the hearing, but if the board's | ||
dismissal or removal is not sustained, the teacher shall | ||
not suffer the loss of any salary or benefits by reason of | ||
the suspension. | ||
(2) No hearing upon the charges is required unless the
| ||
teacher within 17 days after receiving notice requests in | ||
writing of the
board that a hearing be scheduled before a | ||
mutually selected hearing officer or a hearing officer | ||
selected by the board.
The secretary of the school board | ||
shall forward a copy of the notice to the
State Board of | ||
Education. | ||
(3) Within 5 business days after receiving a notice of
| ||
hearing in which either notice to the teacher was sent |
before July 1, 2012 or, if the notice was sent on or after | ||
July 1, 2012, the teacher has requested a hearing before a | ||
mutually selected hearing officer, the State Board of | ||
Education shall provide a list of 5
prospective, impartial | ||
hearing officers from the master list of qualified, | ||
impartial hearing officers maintained by the State Board of | ||
Education. Each person on the master list must (i) be
| ||
accredited by a national arbitration organization and have | ||
had a minimum of 5
years of experience directly related to | ||
labor and employment
relations matters between employers | ||
and employees or
their exclusive bargaining | ||
representatives and (ii) beginning September 1, 2012, have | ||
participated in training provided or approved by the State | ||
Board of Education for teacher dismissal hearing officers | ||
so that he or she is familiar with issues generally | ||
involved in evaluative and non-evaluative dismissals. | ||
If notice to the teacher was sent before July 1, 2012 | ||
or, if the notice was sent on or after July 1, 2012, the | ||
teacher has requested a hearing before a mutually selected | ||
hearing officer, the board and the teacher or their
legal | ||
representatives within 3 business days shall alternately | ||
strike one name from
the list provided by the State Board | ||
of Education until only one name remains. Unless waived by | ||
the teacher, the
teacher shall have the right to
proceed | ||
first with the striking.
Within 3 business days of receipt | ||
of the list provided by the State Board of
Education, the |
board and the teacher or their legal representatives shall | ||
each
have the right to reject all prospective hearing | ||
officers named on the
list and notify the State Board of | ||
Education of such rejection. Within 3 business days after | ||
receiving this notification, the State
Board of Education | ||
shall appoint a qualified person from the master list who | ||
did not appear on the list sent to the parties to serve as | ||
the hearing officer, unless the parties notify it that they | ||
have chosen to alternatively select a hearing officer under | ||
paragraph (4) of this subsection (d). | ||
If the teacher has requested a hearing before a hearing | ||
officer selected by the board, the board shall select one | ||
name from the master list of qualified impartial hearing | ||
officers maintained by the State Board of Education within | ||
3 business days after receipt and shall notify the State | ||
Board of Education of its selection. | ||
A hearing officer mutually selected by the parties, | ||
selected by the board, or selected through an alternative | ||
selection process under paragraph (4) of this subsection | ||
(d) (A) must not be a resident of the school district, (B) | ||
must be available to commence the hearing within 75 days | ||
and conclude the hearing within 120 days after being | ||
selected as the hearing officer, and (C) must issue a | ||
decision as to whether the teacher must be dismissed and | ||
give a copy of that decision to both the teacher and the | ||
board within 30 days from the conclusion of the hearing or |
closure of the record, whichever is later. | ||
(4) In the alternative
to selecting a hearing officer | ||
from the list received from the
State Board of Education or | ||
accepting the appointment of a hearing officer by the State | ||
Board of Education or if the State Board of Education | ||
cannot provide a list or appoint a hearing officer that | ||
meets the foregoing requirements, the board and the teacher | ||
or their legal
representatives may mutually agree to select | ||
an impartial hearing officer who
is not on the master list | ||
either by direct
appointment by the parties or by using | ||
procedures for the appointment of an
arbitrator | ||
established by the Federal Mediation and Conciliation | ||
Service or the
American Arbitration Association. The | ||
parties shall notify the State Board of
Education of their | ||
intent to select a hearing officer using an alternative
| ||
procedure within 3 business days of receipt of a list of | ||
prospective hearing officers
provided by the State Board of | ||
Education, notice of appointment of a hearing officer by | ||
the State Board of Education, or receipt of notice from the | ||
State Board of Education that it cannot provide a list that | ||
meets the foregoing requirements, whichever is later. | ||
(5) If the notice of dismissal was sent to the teacher | ||
before July 1, 2012, the fees and costs for the hearing | ||
officer must be paid by the State Board of Education. If | ||
the notice of dismissal was sent to the teacher on or after | ||
July 1, 2012, the hearing officer's fees and costs must be |
paid as follows in this paragraph (5). The fees and | ||
permissible costs for the hearing officer must be | ||
determined by the State Board of Education. If the board | ||
and the teacher or their legal representatives mutually | ||
agree to select an impartial hearing officer who is not on | ||
a list received from the State Board of Education, they may | ||
agree to supplement the fees determined by the State Board | ||
to the hearing officer, at a rate consistent with the | ||
hearing officer's published professional fees. If the | ||
hearing officer is mutually selected by the parties, then | ||
the board and the teacher or their legal representatives | ||
shall each pay 50% of the fees and costs and any | ||
supplemental allowance to which they agree. If the hearing | ||
officer is selected by the board, then the board shall pay | ||
100% of the hearing officer's fees and costs. The fees and | ||
costs must be paid to the hearing officer within 14 days | ||
after the board and the teacher or their legal | ||
representatives receive the hearing officer's decision set | ||
forth in paragraph (7) of this subsection (d). | ||
(6) The teacher is required to answer the bill of | ||
particulars and aver affirmative matters in his or her | ||
defense, and the time for initially doing so and the time | ||
for updating such answer and defenses after pre-hearing | ||
discovery must be set by the hearing officer.
The State | ||
Board of Education shall
promulgate rules so that each | ||
party has a fair opportunity to present its case and to |
ensure that the dismissal process proceeds in a fair and | ||
expeditious manner. These rules shall address, without | ||
limitation, discovery and hearing scheduling conferences; | ||
the teacher's initial answer and affirmative defenses to | ||
the bill of particulars and the updating of that | ||
information after pre-hearing discovery; provision for | ||
written interrogatories and requests for production of | ||
documents; the requirement that each party initially | ||
disclose to the other party and then update the disclosure | ||
no later than 10 calendar days prior to the commencement of | ||
the hearing, the names and addresses of persons who may be | ||
called as
witnesses at the hearing, a summary of the facts | ||
or opinions each witness will testify to, and all other
| ||
documents and materials, including information maintained | ||
electronically, relevant to its own as well as the other | ||
party's case (the hearing officer may exclude witnesses and | ||
exhibits not identified and shared, except those offered in | ||
rebuttal for which the party could not reasonably have | ||
anticipated prior to the hearing); pre-hearing discovery | ||
and preparation, including provision for written | ||
interrogatories and requests for production of documents, | ||
provided that discovery depositions are prohibited; the | ||
conduct of the hearing; the right of each party to be | ||
represented by counsel, the offer of evidence and witnesses | ||
and the cross-examination of witnesses; the authority of | ||
the hearing officer to issue subpoenas and subpoenas duces |
tecum, provided that the hearing officer may limit the | ||
number of witnesses to be subpoenaed on behalf of each | ||
party to no more than 7; the length of post-hearing briefs; | ||
and the form, length, and content of hearing officers' | ||
decisions. The hearing officer
shall hold a hearing and | ||
render a final decision for dismissal pursuant to Article | ||
24A of this Code or shall report to the school board | ||
findings of fact and a recommendation as to whether or not | ||
the teacher must be dismissed for conduct. The hearing | ||
officer shall commence the hearing within 75 days and | ||
conclude the hearing within 120 days after being selected | ||
as the hearing officer, provided that the hearing officer | ||
may modify these timelines upon the showing of good cause | ||
or mutual agreement of the parties. Good cause for the | ||
purpose of this subsection (d) shall mean the illness or | ||
otherwise unavoidable emergency of the teacher, district | ||
representative, their legal representatives, the hearing | ||
officer, or an essential witness as indicated in each | ||
party's pre-hearing submission. In a dismissal hearing | ||
pursuant to Article 24A of this Code, the hearing officer | ||
shall consider and give weight to all of the teacher's | ||
evaluations written pursuant to Article 24A that are | ||
relevant to the issues in the hearing. | ||
Each party shall have no more than 3 days to present | ||
its case, unless extended by the hearing officer to enable | ||
a party to present adequate evidence and testimony, |
including due to the other party's cross-examination of the | ||
party's witnesses, for good cause or by mutual agreement of | ||
the parties. The State Board of Education shall define in | ||
rules the meaning of "day" for such purposes. All testimony | ||
at the hearing shall be taken under oath
administered by | ||
the hearing officer. The hearing officer shall cause a
| ||
record of the proceedings to be kept and shall employ a | ||
competent reporter
to take stenographic or stenotype notes | ||
of all the testimony. The costs of
the reporter's | ||
attendance and services at the hearing shall be paid by the | ||
party or parties who are responsible for paying the fees | ||
and costs of the hearing officer. Either party desiring a | ||
transcript of the hearing
shall pay for the cost thereof. | ||
Any post-hearing briefs must be submitted by the parties by | ||
no later than 21 days after a party's receipt of the | ||
transcript of the hearing, unless extended by the hearing | ||
officer for good cause or by mutual agreement of the | ||
parties. | ||
(7) The hearing officer shall, within 30 days from the | ||
conclusion of the
hearing or closure of the record, | ||
whichever is later,
make a decision as to whether or not | ||
the teacher shall be dismissed pursuant to Article 24A of | ||
this Code or report to the school board findings of fact | ||
and a recommendation as to whether or not the teacher shall | ||
be dismissed for cause and
shall give a copy of the | ||
decision or findings of fact and recommendation to both the |
teacher and the school
board.
If a hearing officer fails
| ||
without good cause, specifically provided in writing to | ||
both parties and the State Board of Education, to render a | ||
decision or findings of fact and recommendation within 30 | ||
days after the hearing is
concluded or the
record is | ||
closed, whichever is later,
the
parties may mutually agree | ||
to select a hearing officer pursuant to the
alternative
| ||
procedure, as provided in this Section,
to rehear the | ||
charges heard by the hearing officer who failed to render a
| ||
decision or findings of fact and recommendation or to | ||
review the record and render a decision.
If any hearing
| ||
officer fails without good cause, specifically provided in | ||
writing to both parties and the State Board of Education, | ||
to render a decision or findings of fact and recommendation | ||
within 30 days after the
hearing is concluded or the record | ||
is closed, whichever is later, the hearing
officer shall be | ||
removed
from the master
list of hearing officers maintained | ||
by the State Board of Education for not more than 24 | ||
months. The parties and the State Board of Education may | ||
also take such other actions as it deems appropriate, | ||
including recovering, reducing, or withholding any fees | ||
paid or to be paid to the hearing officer. If any hearing | ||
officer repeats such failure, he or she must be permanently | ||
removed from the master list maintained by the State Board | ||
of Education and may not be selected by parties through the | ||
alternative selection process under this paragraph (7) or |
paragraph (4) of this subsection (d).
The board shall not | ||
lose jurisdiction to discharge a teacher if the hearing
| ||
officer fails to render a decision or findings of fact and | ||
recommendation within the time specified in this
Section. | ||
If the decision of the hearing officer for dismissal | ||
pursuant to Article 24A of this Code or of the school board | ||
for dismissal for cause is in favor of the teacher, then | ||
the hearing officer or school board shall order | ||
reinstatement to the same or substantially equivalent | ||
position and shall determine the amount for which the | ||
school board is liable, including, but not limited to, loss | ||
of income and benefits. | ||
(8) The school board, within 45 days after receipt of | ||
the hearing officer's findings of fact and recommendation | ||
as to whether (i) the conduct at issue occurred, (ii) the | ||
conduct that did occur was remediable, and (iii) the | ||
proposed dismissal should be sustained, shall issue a | ||
written order as to whether the teacher must be retained or | ||
dismissed for cause from its employ. The school board's | ||
written order shall incorporate the hearing officer's | ||
findings of fact, except that the school board may modify | ||
or supplement the findings of fact if, in its opinion, the | ||
findings of fact are against the manifest weight of the | ||
evidence. | ||
If the school board dismisses the teacher | ||
notwithstanding the hearing officer's findings of fact and |
recommendation, the school board shall make a conclusion in | ||
its written order, giving its reasons therefor, and such | ||
conclusion and reasons must be included in its written | ||
order. The failure of the school board to strictly adhere | ||
to the timelines contained in this Section shall not render | ||
it without jurisdiction to dismiss the teacher. The school | ||
board shall not lose jurisdiction to discharge the teacher | ||
for cause if the hearing officer fails to render a | ||
recommendation within the time specified in this Section. | ||
The decision of the school board is final, unless reviewed | ||
as provided in paragraph (9) of this subsection (d). | ||
If the school board retains the teacher, the school | ||
board shall enter a written order stating the amount of | ||
back pay and lost benefits, less mitigation, to be paid to | ||
the teacher, within 45 days after its retention order. | ||
Should the teacher object to the amount of the back pay and | ||
lost benefits or amount mitigated, the teacher shall give | ||
written objections to the amount within 21 days. If the | ||
parties fail to reach resolution within 7 days, the dispute | ||
shall be referred to the hearing officer, who shall | ||
consider the school board's written order and teacher's | ||
written objection and determine the amount to which the | ||
school board is liable. The costs of the hearing officer's | ||
review and determination must be paid by the board. | ||
(9)
The decision of the hearing officer pursuant to | ||
Article 24A of this Code or of the school board's decision |
to dismiss for cause is final unless reviewed as
provided | ||
in Section 24-16 of this Act. If the school board's | ||
decision to dismiss for cause is contrary to the hearing | ||
officer's recommendation, the court on review shall give | ||
consideration to the school board's decision and its | ||
supplemental findings of fact, if applicable, and the | ||
hearing officer's findings of fact and recommendation in | ||
making its decision. In the event such review is
| ||
instituted, the school board shall be responsible for | ||
preparing and filing the record of proceedings, and such | ||
costs associated therewith must be divided equally between | ||
the parties.
| ||
(10) If a decision of the hearing officer for dismissal | ||
pursuant to Article 24A of this Code or of the school board | ||
for dismissal for cause is adjudicated upon review or
| ||
appeal in favor of the teacher, then the trial court shall | ||
order
reinstatement and shall remand the matter to the | ||
school board with direction for entry of an order setting | ||
the amount of back pay, lost benefits, and costs, less | ||
mitigation. The teacher may challenge the school board's | ||
order setting the amount of back pay, lost benefits, and | ||
costs, less mitigation, through an expedited arbitration | ||
procedure, with the costs of the arbitrator borne by the | ||
school board.
| ||
Any teacher who is reinstated by any hearing or | ||
adjudication brought
under this Section shall be assigned |
by the board to a position
substantially similar to the one | ||
which that teacher held prior to that
teacher's suspension | ||
or dismissal.
| ||
(11) Subject to any later effective date referenced in | ||
this Section for a specific aspect of the dismissal | ||
process, the changes made by Public Act 97-8 this | ||
amendatory Act of the 97th General Assembly shall apply to | ||
dismissals instituted on or after September 1, 2011. Any | ||
dismissal instituted prior to September 1, 2011 must be | ||
carried out in accordance with the requirements of this | ||
Section prior to amendment by Public Act 97-8 this | ||
amendatory Act of 97th General Assembly .
| ||
(e) Nothing contained in this amendatory Act of the 98th | ||
General Assembly repeals, supersedes, invalidates, or | ||
nullifies final decisions in lawsuits pending on the effective | ||
date of this amendatory Act of the 98th General Assembly in | ||
Illinois courts involving the interpretation of Public Act | ||
97-8. | ||
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14; 98-648, | ||
eff. 7-1-14; revised 12-1-14.)
| ||
(105 ILCS 5/27-23.7) | ||
Sec. 27-23.7. Bullying prevention. | ||
(a) The General Assembly finds that a safe and civil school | ||
environment is necessary for students to learn and achieve and | ||
that bullying causes physical, psychological, and emotional |
harm to students and interferes with students' ability to learn | ||
and participate in school activities. The General Assembly | ||
further finds that bullying has been linked to other forms of | ||
antisocial behavior, such as vandalism, shoplifting, skipping | ||
and dropping out of school, fighting, using drugs and alcohol, | ||
sexual harassment, and sexual violence. Because of the negative | ||
outcomes associated with bullying in schools, the General | ||
Assembly finds that school districts, charter schools, and | ||
non-public, non-sectarian elementary and secondary schools | ||
should educate students, parents, and school district, charter | ||
school, or non-public, non-sectarian elementary or secondary | ||
school personnel about what behaviors constitute prohibited | ||
bullying. | ||
Bullying on the basis of actual or perceived race, color, | ||
religion, sex, national origin, ancestry, age, marital status, | ||
physical or mental disability, military status, sexual | ||
orientation, gender-related identity or expression, | ||
unfavorable discharge from military service, association with | ||
a person or group with one or more of the aforementioned actual | ||
or perceived characteristics, or any other distinguishing | ||
characteristic is prohibited in all school districts, charter | ||
schools, and non-public, non-sectarian elementary and | ||
secondary schools.
No student shall be subjected to bullying: | ||
(1) during any school-sponsored education program or | ||
activity; | ||
(2) while in school, on school property, on school |
buses or other school vehicles, at designated school bus | ||
stops waiting for the school bus, or at school-sponsored or | ||
school-sanctioned events or activities; | ||
(3) through the transmission of information from a | ||
school computer, a school computer network, or other | ||
similar electronic school equipment; or | ||
(4) through the transmission of information from a | ||
computer that is accessed at a nonschool-related location, | ||
activity, function, or program or from the use of | ||
technology or an electronic device that is not owned, | ||
leased, or used by a school district or school if the | ||
bullying causes a substantial disruption to the | ||
educational process or orderly operation of a school. This | ||
item (4) applies only in cases in which a school | ||
administrator or teacher receives a report that bullying | ||
through this means has occurred and does not require a | ||
district or school to staff or monitor any | ||
nonschool-related activity, function, or program. | ||
(a-5) Nothing in this Section is intended to infringe upon | ||
any right to exercise free expression or the free exercise of | ||
religion or religiously based views protected under the First | ||
Amendment to the United States Constitution or under Section 3 | ||
of Article I of the Illinois Constitution. | ||
(b) In this Section:
| ||
"Bullying" includes "cyber-bullying" and means any severe | ||
or pervasive physical or verbal act or conduct, including |
communications made in writing or electronically, directed | ||
toward a student or students that has or can be reasonably | ||
predicted to have the effect of one or more of the following: | ||
(1) placing the student or students in reasonable fear | ||
of harm to the student's or students' person or property; | ||
(2) causing a substantially detrimental effect on the | ||
student's or students' physical or mental health; | ||
(3) substantially interfering with the student's or | ||
students' academic performance; or | ||
(4) substantially interfering with the student's or | ||
students' ability to participate in or benefit from the | ||
services, activities, or privileges provided by a school. | ||
Bullying, as defined in this subsection (b), may take | ||
various forms, including without limitation one or more of the | ||
following: harassment, threats, intimidation, stalking, | ||
physical violence, sexual harassment, sexual violence, theft, | ||
public humiliation, destruction of property, or retaliation | ||
for asserting or alleging an act of bullying. This list is | ||
meant to be illustrative and non-exhaustive. | ||
"Cyber-bullying" means bullying through the use of | ||
technology or any electronic communication, including without | ||
limitation any transfer of signs, signals, writing, images, | ||
sounds, data, or intelligence of any nature transmitted in | ||
whole or in part by a wire, radio, electromagnetic system, | ||
photoelectronic system, or photooptical system, including | ||
without limitation electronic mail, Internet communications, |
instant messages, or facsimile communications. | ||
"Cyber-bullying" includes the creation of a webpage or weblog | ||
in which the creator assumes the identity of another person or | ||
the knowing impersonation of another person as the author of | ||
posted content or messages if the creation or impersonation | ||
creates any of the effects enumerated in the definition of | ||
bullying in this Section. "Cyber-bullying" also includes the | ||
distribution by electronic means of a communication to more | ||
than one person or the posting of material on an electronic | ||
medium that may be accessed by one or more persons if the | ||
distribution or posting creates any of the effects enumerated | ||
in the definition of bullying in this Section. | ||
"Policy on bullying" means a bullying prevention policy | ||
that meets the following criteria: | ||
(1) Includes the bullying definition provided in this | ||
Section. | ||
(2) Includes a statement that bullying is contrary to | ||
State law and the policy of the school district, charter | ||
school, or non-public, non-sectarian elementary or | ||
secondary school and is consistent with subsection (a-5) of | ||
this Section. | ||
(3) Includes procedures for promptly reporting | ||
bullying, including, but not limited to, identifying and | ||
providing the school e-mail address (if applicable) and | ||
school telephone number for the staff person or persons | ||
responsible for receiving such reports and a procedure for |
anonymous reporting; however, this shall not be construed | ||
to permit formal disciplinary action solely on the basis of | ||
an anonymous report. | ||
(4) Consistent with federal and State laws and rules | ||
governing student privacy rights, includes procedures for | ||
promptly informing parents or guardians of all students | ||
involved in the alleged incident of bullying and | ||
discussing, as appropriate, the availability of social | ||
work services, counseling, school psychological services, | ||
other interventions, and restorative measures. | ||
(5) Contains procedures for promptly investigating and | ||
addressing reports of bullying, including the following: | ||
(A) Making all reasonable efforts to complete the | ||
investigation within 10 school days after the date the | ||
report of the incident of bullying was received and | ||
taking into consideration additional relevant | ||
information received during the course of the | ||
investigation about the reported incident of bullying. | ||
(B) Involving appropriate school support personnel | ||
and other staff persons with knowledge, experience, | ||
and training on bullying prevention, as deemed | ||
appropriate, in the investigation process. | ||
(C) Notifying the principal or school | ||
administrator or his or her designee of the report of | ||
the incident of bullying as soon as possible after the | ||
report is received. |
(D) Consistent with federal and State laws and | ||
rules governing student privacy rights, providing | ||
parents and guardians of the students who are parties | ||
to the investigation information about the | ||
investigation and an opportunity to meet with the | ||
principal or school administrator or his or her | ||
designee to discuss the investigation, the findings of | ||
the investigation, and the actions taken to address the | ||
reported incident of bullying. | ||
(6) Includes the interventions that can be taken to | ||
address bullying, which may include, but are not limited | ||
to, school social work services, restorative measures, | ||
social-emotional skill building, counseling, school | ||
psychological services, and community-based services. | ||
(7) Includes a statement prohibiting reprisal or | ||
retaliation against any person who reports an act of | ||
bullying and the consequences and appropriate remedial | ||
actions for a person who engages in reprisal or | ||
retaliation. | ||
(8) Includes consequences and appropriate remedial | ||
actions for a person found to have falsely accused another | ||
of bullying as a means of retaliation or as a means of | ||
bullying. | ||
(9) Is based on the engagement of a range of school | ||
stakeholders, including students and parents or guardians. | ||
(10) Is posted on the school district's, charter
|
school's, or non-public, non-sectarian elementary or
| ||
secondary school's existing Internet website and is
| ||
included in the student handbook, and, where applicable,
| ||
posted where other policies, rules, and standards of
| ||
conduct are currently posted in the school, and is
| ||
distributed annually to parents, guardians, students, and
| ||
school personnel, including new employees when hired. | ||
(11) As part of the process of reviewing and | ||
re-evaluating the policy under subsection (d) of this | ||
Section, contains a policy evaluation process to assess the | ||
outcomes and effectiveness of the policy that includes, but | ||
is not limited to, factors such as the frequency of | ||
victimization; student, staff, and family observations of | ||
safety at a school; identification of areas of a school | ||
where bullying occurs; the types of bullying utilized; and | ||
bystander intervention or participation. The school | ||
district, charter school, or non-public, non-sectarian | ||
elementary or secondary school may use relevant data and | ||
information it already collects for other purposes in the | ||
policy evaluation. The information developed as a result of | ||
the policy evaluation must be made available on the | ||
Internet website of the school district, charter school, or | ||
non-public, non-sectarian elementary or secondary school. | ||
If an Internet website is not available, the information | ||
must be provided to school administrators, school board | ||
members, school personnel, parents, guardians, and |
students. | ||
(12) Is consistent with the policies of the school | ||
board, charter school, or non-public, non-sectarian | ||
elementary or secondary school. | ||
"Restorative measures" means a continuum of school-based | ||
alternatives to exclusionary discipline, such as suspensions | ||
and expulsions, that: (i) are adapted to the particular needs | ||
of the school and community, (ii) contribute to maintaining | ||
school safety, (iii) protect the integrity of a positive and | ||
productive learning climate, (iv) teach students the personal | ||
and interpersonal skills they will need to be successful in | ||
school and society, (v) serve to build and restore | ||
relationships among students, families, schools, and | ||
communities, and (vi) reduce the likelihood of future | ||
disruption by balancing accountability with an understanding | ||
of students' behavioral health needs in order to keep students | ||
in school. | ||
"School personnel" means persons employed by, on contract | ||
with, or who volunteer in a school district, charter school | ||
schools , or non-public, non-sectarian elementary or secondary | ||
school, including without limitation school and school | ||
district administrators, teachers, school guidance counselors, | ||
school social workers, school counselors, school | ||
psychologists, school nurses, cafeteria workers, custodians, | ||
bus drivers, school resource officers, and security guards. | ||
(c) (Blank).
|
(d) Each school district, charter school, and non-public, | ||
non-sectarian elementary or secondary school shall create, | ||
maintain, and implement a policy on bullying, which policy must | ||
be filed with the State Board of Education. The policy or | ||
implementing procedure shall include a process to investigate | ||
whether a reported act of bullying is within the permissible | ||
scope of the district's or school's jurisdiction and shall | ||
require that the district or school provide the victim with | ||
information regarding services that are available within the | ||
district and community, such as counseling, support services, | ||
and other programs. Every 2 years, each school district, | ||
charter school, and non-public, non-sectarian elementary or | ||
secondary school shall conduct a review and re-evaluation of | ||
its policy and make any necessary and appropriate revisions. | ||
The policy must be filed with the State Board of Education | ||
after being updated. The State Board of Education shall monitor | ||
and provide technical support for the implementation of | ||
policies created under this subsection (d). | ||
(e) This Section shall not be interpreted to prevent a | ||
victim from seeking redress under any other available civil or | ||
criminal law.
| ||
(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15; | ||
revised 10-2-14.)
| ||
(105 ILCS 5/27A-4)
| ||
Sec. 27A-4. General provisions Provisions .
|
(a) The General Assembly does not intend to alter or amend | ||
the provisions
of any court-ordered desegregation plan in | ||
effect for any school district. A
charter school shall be | ||
subject to all federal and State laws and
constitutional | ||
provisions prohibiting discrimination on the basis of
| ||
disability, race, creed, color, gender, national origin, | ||
religion, ancestry,
marital status, or need for special | ||
education services.
| ||
(b) The total number of charter schools operating under | ||
this Article at any
one time shall not exceed 120. Not more | ||
than 70 charter
schools
shall operate at any one time in any | ||
city having a population exceeding
500,000, with at least 5 | ||
charter schools devoted exclusively to students from | ||
low-performing or overcrowded schools operating at any one time | ||
in that city; and not more than 45
charter schools shall | ||
operate at any one time in the remainder of the State, with not
| ||
more than one charter school that
has been initiated by a board | ||
of education, or
by an intergovernmental agreement between or | ||
among boards of education,
operating at any one
time in the | ||
school district where the charter school is located. In | ||
addition to these charter schools, up to but no more than 5 | ||
charter schools devoted exclusively to re-enrolled high school | ||
dropouts and/or students 16 or 15 years old at risk of dropping | ||
out may operate at any one time in any city having a population | ||
exceeding 500,000. Notwithstanding any provision to the | ||
contrary in subsection (b) of Section 27A-5 of this Code, each |
such dropout charter may operate up to 15 campuses within the | ||
city. Any of these dropout charters may have a maximum of 1,875 | ||
enrollment seats, any one of the campuses of the dropout | ||
charter may have a maximum of 165 enrollment seats, and each | ||
campus of the dropout charter must be operated, through a | ||
contract or payroll, by the same legal entity as that for which | ||
the charter is approved and certified.
| ||
For purposes of implementing this Section, the State Board | ||
shall assign a
number to each charter submission it receives | ||
under Section 27A-6 for its
review and certification, based on | ||
the chronological order in which the
submission is received by | ||
it. The State Board shall promptly notify local
school boards | ||
when the maximum numbers of certified charter schools | ||
authorized
to operate have been reached.
| ||
(c) No charter shall be granted under this Article that | ||
would convert any
existing private, parochial, or non-public | ||
school to a charter school.
| ||
(d) Enrollment in a charter school shall be open to any | ||
pupil who resides
within the geographic boundaries of the area | ||
served by the local school board, provided that the board of | ||
education in a city having a population exceeding 500,000 may | ||
designate attendance boundaries for no more than one-third of | ||
the charter schools permitted in the city if the board of | ||
education determines that attendance boundaries are needed to | ||
relieve overcrowding or to better serve low-income and at-risk | ||
students. Students residing within an attendance boundary may |
be given priority for enrollment, but must not be required to | ||
attend the charter school.
| ||
(e) Nothing in this Article shall prevent 2 or more local | ||
school boards from
jointly
issuing a charter to a single shared | ||
charter school, provided that all of the
provisions of this | ||
Article are met as to those local school boards.
| ||
(f) No local school board shall require any employee of the | ||
school district
to be employed in a charter school.
| ||
(g) No local school board shall require any pupil residing | ||
within the
geographic boundary of its district to enroll in a | ||
charter school.
| ||
(h) If there are more eligible applicants for enrollment in | ||
a charter school
than there are spaces available, successful | ||
applicants shall be selected by
lottery. However, priority | ||
shall be given to siblings of pupils enrolled in
the charter | ||
school and to pupils who were enrolled in the charter school | ||
the
previous school year, unless expelled for cause, and | ||
priority may be given to pupils residing within the charter | ||
school's attendance boundary, if a boundary has been designated | ||
by the board of education in a city having a population | ||
exceeding 500,000. | ||
Beginning with student enrollment for the 2015-2016 school | ||
year, any lottery required under this subsection (h) must be | ||
administered and videotaped by the charter school. The | ||
authorizer or its designee must be allowed to be present or | ||
view the lottery in real time. The charter school must maintain |
a videotaped record of the lottery, including a time/date | ||
stamp. The charter school shall transmit copies of the | ||
videotape and all records relating to the lottery to the | ||
authorizer on or before September 1 of each year. | ||
Subject to the requirements for priority applicant groups | ||
set forth in paragraph (1) of this subsection (h), any lottery | ||
required under this subsection (h) must be administered in a | ||
way that provides each student an equal chance at admission. If | ||
an authorizer makes a determination that a charter school's | ||
lottery is in violation of this subsection (h), it may | ||
administer the lottery directly. After a lottery, each student | ||
randomly selected for admission to the charter school must be | ||
notified. Charter schools may not create an admissions process | ||
subsequent to a lottery that may operate as a barrier to | ||
registration or enrollment. | ||
Charter schools may undertake additional intake | ||
activities, including without limitation student essays, | ||
school-parent compacts, or open houses, but in no event may a | ||
charter school require participation in these activities as a | ||
condition of enrollment. A charter school must submit an | ||
updated waitlist to the authorizer on a quarterly basis. A | ||
waitlist must be submitted to the authorizer at the same time | ||
as quarterly financial statements, if quarterly financial | ||
statements are required by the authorizer. | ||
Dual enrollment at both a
charter school and a public | ||
school or non-public school shall not be allowed.
A pupil who |
is suspended or expelled from a charter school shall be deemed | ||
to
be suspended or expelled from the public schools of the | ||
school district in
which the pupil resides. Notwithstanding | ||
anything to the contrary in this subsection (h): | ||
(1) any charter school with a mission exclusive to | ||
educating high school dropouts may grant priority | ||
admission to students who are high school dropouts and/or | ||
students 16 or 15 years old at risk of dropping out and any | ||
charter school with a mission exclusive to educating | ||
students from low-performing or overcrowded schools may | ||
restrict admission to students who are from low-performing | ||
or overcrowded schools; "priority admission" for charter | ||
schools exclusively devoted to re-enrolled dropouts or | ||
students at risk of dropping out means a minimum of 90% of | ||
students enrolled shall be high school dropouts; and
| ||
(2) any charter school located in a school district | ||
that contains all or part of a federal military base may | ||
set aside up to 33% of its current charter enrollment to | ||
students with parents assigned to the federal military | ||
base, with the remaining 67% subject to the general | ||
enrollment and lottery requirements of subsection (d) of | ||
this Section and this subsection (h); if a student with a | ||
parent assigned to the federal military base withdraws from | ||
the charter school during the course of a school year for | ||
reasons other than grade promotion, those students with | ||
parents assigned to the federal military base shall have |
preference in filling the vacancy. | ||
(i) (Blank).
| ||
(j) Notwithstanding any other provision of law to the | ||
contrary, a
school district in a city having a population | ||
exceeding 500,000 shall not
have a duty to collectively bargain | ||
with an exclusive representative of its
employees over | ||
decisions to grant or deny a charter school proposal
under | ||
Section 27A-8 of this Code, decisions to renew or revoke a | ||
charter
under Section 27A-9 of this Code, and the impact of | ||
these decisions,
provided that nothing in this Section shall | ||
have the effect of negating,
abrogating, replacing, reducing, | ||
diminishing, or limiting in any way
employee rights, | ||
guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||
14, and 15 of the Illinois Educational Labor Relations Act.
| ||
(k) In this Section: | ||
"Low-performing school" means a public school in a school | ||
district organized under Article 34 of this Code that enrolls | ||
students in any of grades kindergarten through 8 and that is | ||
ranked within the lowest 10% of schools in that district in | ||
terms of the percentage of students meeting or exceeding | ||
standards on the assessments required under Section 2-3.64a-5 | ||
of this Code. | ||
"Overcrowded school" means a public school in a school | ||
district organized under Article 34 of this Code that (i) | ||
enrolls students in any of grades kindergarten through 8, (ii) | ||
has a percentage of low-income students of 70% or more, as |
identified in the most recently available School Report Card | ||
published by the State Board of Education, and (iii) is | ||
determined by the Chicago Board of Education to be in the most | ||
severely overcrowded 5% of schools in the district. On or | ||
before November 1 of each year, the Chicago Board of Education | ||
shall file a report with the State Board of Education on which | ||
schools in the district meet the definition of "overcrowded | ||
school". "Students at risk of dropping out" means students 16 | ||
or 15 years old in a public school in a district organized | ||
under Article 34 of this Code that enrolls students in any | ||
grades 9-12 who have been absent at least 90 school attendance | ||
days of the previous 180 school attendance days. | ||
(l) For advertisements created after January 1, 2015 ( the | ||
effective date of Public Act 98-783) this amendatory Act of the | ||
98th General Assembly , any advertisement, including a radio, | ||
television, print, Internet, social media, or billboard | ||
advertisement, purchased by a school district or public school, | ||
including a charter school, with public funds must include a | ||
disclaimer stating that the advertisement was paid for using | ||
public funds. | ||
This disclaimer requirement does not extend to materials | ||
created by the charter school, including, but not limited to, a | ||
school website, informational pamphlets or leaflets, or | ||
clothing with affixed school logos. | ||
(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | ||
97-813, eff. 7-13-12; 98-474, eff. 8-16-13; 98-783, eff. |
1-1-15; 98-972, eff. 8-15-14; revised 10-1-14.)
| ||
(105 ILCS 5/27A-5)
| ||
Sec. 27A-5. Charter school; legal entity; requirements.
| ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
| ||
authorized under the laws of the State of Illinois.
| ||
(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
Beginning | ||
on the effective date of this amendatory Act of the 93rd | ||
General
Assembly, in all new
applications to establish
a | ||
charter
school in a city having a population exceeding 500,000, | ||
operation of the
charter
school shall be limited to one campus. | ||
The changes made to this Section by this
amendatory Act
of the | ||
93rd General
Assembly do not apply to charter schools existing | ||
or approved on or before the
effective date of this
amendatory | ||
Act. | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. | ||
From April 1, 2013 through December 31, 2016, there is a |
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013. | ||
On or before March 1, 2014, the Commission shall submit to | ||
the General Assembly a report on the effect of | ||
virtual-schooling, including without limitation the effect on | ||
student performance, the costs associated with | ||
virtual-schooling, and issues with oversight. The report shall | ||
include policy recommendations for virtual-schooling.
| ||
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
| ||
shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
| ||
(d) A charter school shall comply with all applicable | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
|
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. To ensure financial accountability for the use of | ||
public funds, on or before December 1 of every year of | ||
operation, each charter school shall submit to its authorizer | ||
and the State Board a copy of its audit and a copy of the Form | ||
990 the charter school filed that year with the federal | ||
Internal Revenue Service. In addition, if deemed necessary for | ||
proper financial oversight of the charter school, an authorizer | ||
may require quarterly financial statements from each charter | ||
school.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article; the Illinois Educational Labor Relations Act; all | ||
federal and State laws and rules applicable to public schools | ||
that pertain to special education and the instruction of | ||
English language learners, referred to in this Code as | ||
"children of limited English-speaking ability"; and
its | ||
charter. A charter
school is exempt from all other State laws | ||
and regulations in this Code
governing public
schools and local | ||
school board policies, except the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||
criminal
history records checks and checks of the Statewide | ||
Sex Offender Database and Statewide Murderer and Violent |
Offender Against Youth Database of applicants for | ||
employment;
| ||
(2) Sections 24-24 and 34-84A of this Code regarding | ||
discipline of
students;
| ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) the Abused and Neglected Child Reporting Act;
| ||
(6) the Illinois School Student Records Act;
| ||
(7) Section 10-17a of this Code regarding school report | ||
cards;
| ||
(8) the P-20 Longitudinal Education Data System Act; | ||
and | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention ; and . | ||
(10) (9) Section 2-3.162 2-3.160 of this the School | ||
Code regarding student discipline reporting. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or |
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after the | ||
effective date of this amendatory Act of the 93rd General
| ||
Assembly and that operates
in a city having a population | ||
exceeding
500,000 may not contract with a for-profit entity to
| ||
manage or operate the school during the period that commences | ||
on the
effective date of this amendatory Act of the 93rd | ||
General Assembly and
concludes at the end of the 2004-2005 | ||
school year.
Except as provided in subsection (i) of this | ||
Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter | ||
school
contracts
with a school district shall be provided by | ||
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
| ||
shall be provided by the public entity at cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other |
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
| ||
to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age or | ||
grade level.
| ||
(k) If the charter school is approved by the Commission, | ||
then the Commission charter school is its own local education | ||
agency. | ||
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||
97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | ||
98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | ||
1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | ||
10-14-14.)
| ||
(105 ILCS 5/27A-6)
| ||
Sec. 27A-6. Contract contents; applicability of laws and | ||
regulations.
| ||
(a) A certified charter shall constitute a binding contract | ||
and agreement
between
the charter school and a local school | ||
board under the terms of which the local
school board | ||
authorizes the governing body of the charter school to operate | ||
the
charter
school on the terms specified in the contract.
| ||
(b) Notwithstanding any other provision of this Article, | ||
the certified
charter
may
not waive or release the charter | ||
school from the State goals, standards, and
assessments |
established pursuant to Section 2-3.64a-5 of this Code.
| ||
Beginning with the 2003-2004 school year, the certified charter | ||
for a charter
school operating in a city having a population | ||
exceeding 500,000 shall
require the charter school to | ||
administer any other nationally recognized
standardized tests | ||
to its students that the chartering entity administers to
other
| ||
students, and the results on such tests shall be included in | ||
the
chartering entity's assessment reports.
| ||
(c) Subject to the provisions of subsection (e), a material | ||
revision to a
previously certified contract or a renewal shall | ||
be made with
the approval of both the local school board and | ||
the governing body of the
charter school.
| ||
(c-5) The proposed contract shall include a provision on | ||
how both parties
will address minor violations of the contract.
| ||
(d) The proposed contract between the governing body of a | ||
proposed charter
school and the local school board as described | ||
in Section 27A-7 must be
submitted to and certified by the | ||
State Board before it can take effect. If
the State Board | ||
recommends that the proposed contract be modified for
| ||
consistency with this Article before it can be certified, the | ||
modifications
must be consented to by both the governing body | ||
of
the charter school and the local school board, and | ||
resubmitted to the State
Board for its certification. If the | ||
proposed contract is resubmitted in a form
that is not | ||
consistent with this Article, the State
Board may refuse to | ||
certify the charter.
|
The State Board shall assign a number to each submission or | ||
resubmission in
chronological order of receipt, and shall | ||
determine whether the proposed
contract is consistent with the | ||
provisions of this Article. If the proposed
contract complies, | ||
the State Board shall so certify.
| ||
(e) No renewal of a previously certified contract is | ||
effective unless and until the State Board certifies that the | ||
renewal is consistent with the provisions of this Article. A | ||
material revision to a previously certified contract may go | ||
into effect immediately upon approval of both the local school | ||
board and the governing body of the charter school, unless | ||
either party requests in writing that the State Board certify | ||
that the material revision is consistent with the provisions of | ||
this Article. If such a request is made, the proposed material | ||
revision is not effective unless and until the State Board so | ||
certifies.
| ||
(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; | ||
revised 10-1-14.)
| ||
(105 ILCS 5/27A-7)
| ||
Sec. 27A-7. Charter submission.
| ||
(a) A proposal to establish a charter school shall be | ||
submitted to the local school board and the State Board for | ||
certification under Section 27A-6 of this Code in the form of a | ||
proposed contract
entered
into between the local school board | ||
and the governing body of a proposed
charter school. The
|
charter school proposal shall include:
| ||
(1) The name of the proposed charter school, which must | ||
include the words
"Charter School".
| ||
(2) The age or grade range, areas of focus, minimum and | ||
maximum numbers of
pupils to be enrolled in the charter | ||
school, and any other admission criteria
that would be | ||
legal if used by a school district.
| ||
(3) A description of and address for the physical plant | ||
in which the
charter school will be located; provided that | ||
nothing in the Article shall be
deemed to justify delaying | ||
or withholding favorable action on or approval of a
charter | ||
school proposal because the building or buildings in which | ||
the charter
school is to be located have not been acquired | ||
or rented at the time a charter
school proposal is | ||
submitted or approved or a charter school contract is
| ||
entered
into or submitted for certification or certified, | ||
so long as the proposal or
submission identifies and names | ||
at least 2 sites that are potentially available
as a | ||
charter school facility by the time the charter school is | ||
to open.
| ||
(4) The mission statement of the charter school, which | ||
must be consistent
with the General Assembly's declared | ||
purposes; provided that nothing in this
Article shall be | ||
construed to require that, in order to receive favorable
| ||
consideration and approval, a charter school proposal | ||
demonstrate unequivocally
that the charter school will be |
able to meet each of those declared purposes,
it
being the | ||
intention of the Charter Schools Law that those purposes be
| ||
recognized as goals that
charter schools must aspire to | ||
attain.
| ||
(5) The goals, objectives, and pupil performance | ||
standards to be achieved
by the charter school.
| ||
(6) In the case of a proposal to establish a charter | ||
school by
converting an existing public school or | ||
attendance center to charter school
status, evidence that | ||
the proposed formation of the charter school has received
| ||
the approval of certified teachers, parents
and
guardians, | ||
and, if applicable, a local school council as provided in
| ||
subsection
(b) of Section 27A-8.
| ||
(7) A description of the charter school's educational | ||
program, pupil
performance standards, curriculum, school | ||
year, school days, and hours of
operation.
| ||
(8) A description of the charter school's plan for | ||
evaluating pupil
performance, the types of assessments | ||
that will be used to measure pupil
progress towards | ||
achievement of the school's pupil performance standards, | ||
the
timeline for achievement of those standards, and the | ||
procedures for taking
corrective action in the event that | ||
pupil performance at the charter school
falls below those | ||
standards.
| ||
(9) Evidence that the terms of the charter as proposed | ||
are economically
sound
for both the charter school and the |
school district, a proposed budget for the
term of the | ||
charter, a description of the manner in which an annual
| ||
audit of the financial and administrative operations of the | ||
charter school,
including any services provided by the | ||
school district, are to be conducted,
and
a plan for the | ||
displacement of pupils, teachers, and other employees who | ||
will
not attend or be employed in the charter school.
| ||
(10) A description of the governance and operation of | ||
the charter school,
including the nature and extent of | ||
parental, professional educator, and
community involvement | ||
in the governance and operation of the charter school.
| ||
(11) An explanation of the relationship that will exist | ||
between the
charter school and its employees, including | ||
evidence that the terms and
conditions of employment have | ||
been addressed with affected employees and their
| ||
recognized representative, if any. However, a bargaining | ||
unit of charter
school employees shall be separate and
| ||
distinct from any bargaining units formed from employees of | ||
a school district
in
which the charter school is located.
| ||
(12) An agreement between the parties regarding their | ||
respective
legal liability and applicable insurance | ||
coverage.
| ||
(13) A description of how the charter school plans to | ||
meet the
transportation needs of its pupils, and a plan for | ||
addressing the
transportation needs
of low-income and | ||
at-risk pupils.
|
(14) The proposed effective date and term of the | ||
charter; provided that
the
first day of the first academic | ||
year shall be no earlier than August 15 and no later than | ||
September 15 of a
calendar year, and the first day of the | ||
fiscal year shall be July 1.
| ||
(15) Any other information reasonably required by the | ||
State Board of
Education.
| ||
(b) A proposal to establish a charter school may be | ||
initiated by individuals
or organizations that will have
| ||
majority representation on the board of directors or other | ||
governing body of
the corporation or other discrete legal | ||
entity that is to be established to
operate the proposed | ||
charter school, by a board of education or an
intergovernmental | ||
agreement between or among boards of education, or by the
board | ||
of directors or other
governing body of a discrete legal entity | ||
already existing or established to
operate the proposed
charter | ||
school. The individuals or organizations referred to in this
| ||
subsection may be school teachers, school administrators, | ||
local school
councils, colleges or
universities or their | ||
faculty
members, public community colleges or their | ||
instructors or other
representatives, corporations, or other | ||
entities or their
representatives. The proposal shall be
| ||
submitted to the local school board for consideration and, if
| ||
appropriate, for
development of a proposed contract to be | ||
submitted to the State Board for
certification under
Section | ||
27A-6.
|
(c) The local school board may not without the consent of | ||
the governing body
of the charter school condition its approval | ||
of a charter school proposal on
acceptance of an agreement to | ||
operate under State laws and regulations and
local school board | ||
policies from which the charter school is otherwise exempted
| ||
under this Article.
| ||
(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14; | ||
revised 10-1-14.)
| ||
(105 ILCS 5/27A-11)
| ||
Sec. 27A-11. Local financing.
| ||
(a) For purposes of the School Code, pupils enrolled in a | ||
charter school
shall be included in the pupil enrollment of the | ||
school district within which
the
pupil resides. Each charter | ||
school (i) shall determine the school district in
which each | ||
pupil who is enrolled in the charter school resides,
(ii) shall
| ||
report the aggregate number of pupils resident of a school | ||
district who are
enrolled in the charter school to the school | ||
district in which those pupils
reside, and (iii) shall maintain | ||
accurate records of daily attendance that
shall be deemed | ||
sufficient to file claims under Section 18-8 notwithstanding
| ||
any other requirements of that Section regarding hours of | ||
instruction and
teacher certification.
| ||
(b) Except for a charter school established by referendum | ||
under Section
27A-6.5, as part of a charter school contract, | ||
the charter school and the
local
school board shall agree on |
funding and any services to be provided by the
school district | ||
to the charter school.
Agreed funding that a charter school is | ||
to receive from the local school
board for a school year shall | ||
be paid in
equal quarterly installments with the payment of the
| ||
installment for the first quarter being made not later than | ||
July 1, unless the
charter establishes a different payment | ||
schedule. However, if a charter school dismisses a pupil from | ||
the charter school after receiving a quarterly payment, the | ||
charter school shall return to the school district, on a | ||
quarterly basis, the prorated portion of public funding | ||
provided for the education of that pupil for the time the | ||
student is not enrolled at the charter school. Likewise, if a | ||
pupil transfers to a charter school between quarterly payments, | ||
the school district shall provide, on a quarterly basis, a | ||
prorated portion of the public funding to the charter school to | ||
provide for the education of that pupil.
| ||
All services centrally or otherwise provided by the school | ||
district
including, but not limited to, rent, food services, | ||
custodial services,
maintenance,
curriculum, media services, | ||
libraries, transportation, and warehousing shall be
subject to
| ||
negotiation between a charter school and the local school board | ||
and paid
for out
of the revenues negotiated pursuant to this | ||
subsection (b); provided that the
local school board shall not | ||
attempt, by negotiation or otherwise, to obligate
a charter | ||
school to provide pupil transportation for pupils for whom a | ||
district
is not required to provide transportation under the |
criteria set forth in
subsection (a)(13) of Section 27A-7.
| ||
In no event shall the funding be less than 75% or more than
| ||
125% of the
school district's per capita student tuition | ||
multiplied by
the
number of students residing in the district | ||
who are enrolled in the charter
school.
| ||
It is the intent of the General Assembly that funding and | ||
service agreements
under this subsection (b) shall be neither a | ||
financial incentive nor a
financial disincentive to the | ||
establishment of a charter school.
| ||
The charter school may set and collect reasonable fees. | ||
Fees collected
from students enrolled at a charter school shall | ||
be retained
by the charter school.
| ||
(c) Notwithstanding subsection (b) of this Section, the | ||
proportionate share
of State and federal resources generated by | ||
students with disabilities or staff
serving them shall be | ||
directed to charter schools enrolling those students by
their | ||
school districts or administrative units. The proportionate | ||
share of
moneys generated under other federal or State | ||
categorical aid programs shall be
directed to charter schools | ||
serving students eligible for that aid.
| ||
(d) The governing body of a charter school is authorized to | ||
accept
gifts,
donations, or grants of any kind made to the | ||
charter school and to expend or
use gifts, donations, or grants | ||
in accordance with the conditions prescribed by
the donor; | ||
however, a gift, donation, or grant may not be accepted by the
| ||
governing body if it is subject to any condition contrary to |
applicable law or
contrary
to the terms of the contract between | ||
the charter school and the local school
board. Charter schools | ||
shall be encouraged to solicit and utilize community
volunteer | ||
speakers and other instructional resources when providing | ||
instruction
on the Holocaust and other historical events.
| ||
(e) (Blank).
| ||
(f) The Commission shall provide technical assistance to
| ||
persons and groups
preparing or revising charter applications.
| ||
(g) At the non-renewal or revocation of its charter, each
| ||
charter school
shall refund to the local board of education all | ||
unspent funds.
| ||
(h) A charter school is authorized to incur temporary, | ||
short
term debt to
pay operating expenses in anticipation of | ||
receipt of funds from the local
school board.
| ||
(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; | ||
revised 10-1-14.)
| ||
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
| ||
Sec. 30-14.2. MIA/POW scholarships.
| ||
(a) Any spouse, natural child, legally adopted child, or | ||
any
step-child of an eligible veteran or serviceperson who | ||
possesses all necessary
entrance requirements shall, upon | ||
application and proper proof, be awarded
a MIA/POW Scholarship | ||
consisting of the equivalent of 4 calendar years of
full-time | ||
enrollment including summer terms, to the state supported
| ||
Illinois institution of higher learning of his choice, subject |
to the
restrictions listed below.
| ||
"Eligible veteran or serviceperson" means any veteran or | ||
serviceperson, including an Illinois National Guard member who | ||
is on active duty or is active on a training assignment,
who | ||
has been declared by the U.S. Department of Defense or the
U.S. | ||
Department of Veterans' Affairs to be a prisoner of war, be | ||
missing
in action, have died as the result of a | ||
service-connected disability or be
permanently disabled from | ||
service-connected causes with 100% disability and
who (i) at | ||
the time of entering service was an Illinois resident, (ii) was | ||
an
Illinois resident within 6 months after entering such | ||
service, or (iii) until July 1, 2014, became an Illinois | ||
resident within 6 months after leaving the service and can | ||
establish at least 30 years of continuous residency in the | ||
State of Illinois.
| ||
Full-time enrollment means 12 or more semester hours of | ||
courses per semester,
or 12 or more quarter hours of courses | ||
per quarter, or the equivalent thereof
per term. Scholarships | ||
utilized by dependents enrolled in less than full-time
study | ||
shall be computed in the proportion which the number of hours | ||
so carried
bears to full-time enrollment.
| ||
Scholarships awarded under this Section may be used by a | ||
spouse or child
without regard to his or her age. The holder of | ||
a Scholarship
awarded under this Section shall be subject to | ||
all examinations and academic
standards, including the | ||
maintenance of minimum grade levels, that are
applicable |
generally to other enrolled students at the Illinois | ||
institution of
higher learning where the Scholarship is being | ||
used.
If the surviving spouse
remarries or if there is a | ||
divorce between the veteran or serviceperson and
his or her | ||
spouse while the dependent is pursuing his or her course of
| ||
study, Scholarship benefits will be terminated at the end of | ||
the term for
which he or she is presently enrolled. Such | ||
dependents shall also be
entitled, upon proper proof and | ||
application, to enroll in any extension
course offered by a | ||
State supported Illinois institution of higher learning
| ||
without payment of tuition and approved fees.
| ||
The holder of a MIA/POW Scholarship authorized under this | ||
Section shall
not be required to pay any matriculation or | ||
application fees, tuition,
activities fees, graduation fees or | ||
other fees, except multipurpose
building fees or similar fees | ||
for supplies and materials.
| ||
Any dependent who has been or shall be awarded a MIA/POW | ||
Scholarship shall
be reimbursed by the appropriate institution | ||
of higher learning for any
fees which he or she has paid and | ||
for which exemption is granted under this
Section if | ||
application for reimbursement is made within 2 months following
| ||
the end of the school term for which the fees were paid.
| ||
(b) In lieu of the benefit provided in subsection (a), any | ||
spouse,
natural child, legally adopted child, or step-child of | ||
an eligible veteran
or serviceperson, which spouse or child has | ||
a physical, mental or
developmental disability, shall be |
entitled to receive, upon application and
proper proof, a | ||
benefit to be used for the purpose of defraying the cost of
the | ||
attendance or treatment of such spouse or child at one or more
| ||
appropriate therapeutic, rehabilitative or educational | ||
facilities. The
application and proof may be made by the parent | ||
or legal guardian of the
spouse or child on his or her behalf.
| ||
The total benefit provided to any beneficiary under this | ||
subsection shall
not exceed the cost equivalent of 4 calendar | ||
years of full-time enrollment,
including summer terms, at the | ||
University of Illinois. Whenever
practicable in the opinion of | ||
the Department of Veterans' Affairs, payment
of benefits under | ||
this subsection shall be made directly to the facility,
the | ||
cost of attendance or treatment at which is being defrayed, as | ||
such
costs accrue.
| ||
(c) The benefits of this Section shall be administered by | ||
and paid for out
of funds made available to the Illinois | ||
Department of Veterans' Affairs.
The amounts that become due to | ||
any state supported Illinois institution of
higher learning | ||
shall be payable by the Comptroller to such institution on
| ||
vouchers approved by the Illinois Department of Veterans' | ||
Affairs. The
amounts that become due under subsection (b) of | ||
this Section shall be
payable by warrant upon vouchers issued | ||
by the Illinois Department of
Veterans' Affairs and approved by | ||
the Comptroller. The Illinois Department
of Veterans' Affairs | ||
shall determine the eligibility of the persons
who make | ||
application for the benefits provided for in this Section.
|
(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
| ||
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| ||
Sec. 34-85. Removal for cause; Notice and hearing; | ||
Suspension. | ||
(a) No
teacher employed by the board of education shall | ||
(after serving the
probationary period specified in Section | ||
34-84) be removed
except for cause. Teachers (who have | ||
completed the probationary period specified in Section 34-84 of | ||
this Code) shall be removed for cause in accordance with the | ||
procedures set forth in this Section or, at the board's option, | ||
the procedures set forth in Section 24-16.5 of this Code or | ||
such other procedures established in an agreement entered into | ||
between the board and the exclusive representative of the | ||
district's teachers under Section 34-85c of this Code for | ||
teachers (who have completed the probationary period specified | ||
in Section 34-84 of this Code) assigned to schools identified | ||
in that agreement. No principal employed by the board of | ||
education shall be
removed during the term of his or her | ||
performance contract except for
cause, which may include but is | ||
not limited to the principal's repeated
failure to implement | ||
the school improvement plan or to comply with the
provisions of | ||
the Uniform Performance Contract, including additional
| ||
criteria established by the Council for inclusion in the | ||
performance
contract pursuant to Section 34-2.3.
| ||
Before service of notice of charges on account of causes |
that may be deemed to be remediable, the teacher or principal | ||
must be given reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result in | ||
charges; however, no such written warning is required if the | ||
causes have been the subject of a remediation plan pursuant to | ||
Article 24A of this Code or if the board and the exclusive | ||
representative of the district's teachers have entered into an | ||
agreement pursuant to Section 34-85c of this Code, pursuant to | ||
an alternative system of remediation. No written warning shall | ||
be required for conduct on the part of a teacher or principal | ||
that is cruel, immoral, negligent, or criminal or that in any | ||
way causes psychological or physical harm or injury to a | ||
student, as that conduct is deemed to be irremediable. No | ||
written warning shall be required for a material breach of the | ||
uniform principal performance contract, as that conduct is | ||
deemed to be irremediable; provided that not less than 30 days | ||
before the vote of the local school council to seek the | ||
dismissal of a principal for a material breach of a uniform | ||
principal performance contract, the local school council shall | ||
specify the nature of the alleged breach in writing and provide | ||
a copy of it to the principal. | ||
(1) To initiate dismissal proceedings against a | ||
teacher or principal, the general superintendent must | ||
first approve written charges and specifications against | ||
the
teacher or
principal. A local school council may direct | ||
the
general superintendent to approve written charges |
against its principal on behalf of the Council
upon the | ||
vote of 7 members of the Council. The general | ||
superintendent must
approve those charges within 45 | ||
calendar days
or provide a written
reason for not approving | ||
those charges. A
written notice of those charges, including | ||
specifications,
shall be served upon the teacher or | ||
principal within 10 business days of the
approval of the | ||
charges. Any written notice sent on or after July 1, 2012 | ||
shall also inform the teacher or principal of the right to | ||
request a hearing before a mutually selected hearing | ||
officer, with the cost of the hearing officer split equally | ||
between the teacher or principal and the board, or a | ||
hearing before a qualified hearing officer chosen by the | ||
general superintendent, with the cost of the hearing | ||
officer paid by the board. If the teacher or principal | ||
cannot be found upon diligent
inquiry, such charges may be | ||
served upon him by mailing a copy thereof in a
sealed | ||
envelope by prepaid certified mail, return receipt | ||
requested, to the
teacher's or principal's last known | ||
address. A return receipt showing
delivery to such address | ||
within 20 calendar days after the date of the
approval of | ||
the charges shall constitute proof of service.
| ||
(2) No hearing upon the charges is required unless the | ||
teacher or principal
within 17 calendar
days after | ||
receiving notice requests in writing of the general
| ||
superintendent that a hearing
be scheduled. Pending the |
hearing of the charges, the general superintendent or his | ||
or her designee may suspend the teacher or principal | ||
charged without pay in accordance with rules prescribed by | ||
the board, provided that if the teacher or principal | ||
charged is not dismissed based on the charges, he or she | ||
must be made whole for lost earnings, less setoffs for | ||
mitigation. | ||
(3) The board shall maintain a list of at least 9 | ||
qualified hearing officers who will conduct hearings on | ||
charges and specifications. The list must be developed in | ||
good faith consultation with the exclusive representative | ||
of the board's teachers and professional associations that | ||
represent the board's principals. The list may be revised | ||
on July 1st of each year or earlier as needed. To be a | ||
qualified hearing officer, the person must (i)
be | ||
accredited by a national arbitration organization and have | ||
had a minimum
of 5 years of experience as an arbitrator in | ||
cases involving labor and
employment
relations matters | ||
between employers and employees or
their exclusive | ||
bargaining representatives and (ii) beginning September 1, | ||
2012, have participated in training provided or approved by | ||
the State Board of Education for teacher dismissal hearing | ||
officers so that he or she is familiar with issues | ||
generally involved in evaluative and non-evaluative | ||
dismissals.
| ||
(3) Within 5 business days after receiving the notice |
of request for a hearing, the general superintendent and | ||
the teacher or principal or
their legal representatives
| ||
shall alternately strike one name
from the list until only | ||
one name remains. Unless waived by the teacher,
the teacher | ||
or principal shall
have the right to proceed first with the | ||
striking. If the teacher or principal fails to participate | ||
in the striking process, the general superintendent shall | ||
either select the hearing officer from the list developed | ||
pursuant to this paragraph (3) or select another qualified | ||
hearing officer from the master list maintained by the | ||
State Board of Education pursuant to subsection (c) of | ||
Section 24-12 of this Code.
| ||
(4) If the notice of dismissal was sent to the teacher | ||
or principal before July 1, 2012, the fees and costs for | ||
the hearing officer shall be paid by the State
Board of | ||
Education. If the notice of dismissal was sent to the | ||
teacher or principal on or after July 1, 2012, the hearing | ||
officer's fees and costs must be paid as follows in this | ||
paragraph (4). The fees and permissible costs for the | ||
hearing officer shall be determined by the State Board of | ||
Education. If the hearing officer is mutually selected by | ||
the parties through alternate striking in accordance with | ||
paragraph (3) of this subsection (a), then the board and | ||
the teacher or their legal representative shall each pay | ||
50% of the fees and costs and any supplemental allowance to | ||
which they agree. If the hearing officer is selected by the |
general superintendent without the participation of the | ||
teacher or principal, then the board shall pay 100% of the | ||
hearing officer fees and costs. The hearing officer shall | ||
submit for payment a billing statement to the parties that | ||
itemizes the charges and expenses and divides them in | ||
accordance with this Section. | ||
(5) The teacher or the principal charged is required to | ||
answer the charges and specifications and aver affirmative | ||
matters in his or her defense, and the time for doing so | ||
must be set by the hearing officer. The State Board of | ||
Education shall adopt rules so that each party has a fair | ||
opportunity to present its case and to ensure that the | ||
dismissal proceeding is concluded in an expeditious | ||
manner. The rules shall address, without limitation, the | ||
teacher or principal's answer and affirmative defenses to | ||
the charges and specifications; a requirement that each | ||
party make mandatory disclosures without request to the | ||
other party and then update the disclosure no later than 10 | ||
calendar days prior to the commencement of the hearing, | ||
including a list of the names and addresses of persons who | ||
may be called as witnesses at the hearing, a summary of the | ||
facts or opinions each witness will testify to, and all | ||
other documents and materials, including information | ||
maintained electronically, relevant to its own as well as | ||
the other party's case (the hearing officer may exclude | ||
witnesses and exhibits not identified and shared, except |
those offered in rebuttal for which the party could not | ||
reasonably have anticipated prior to the hearing); | ||
pre-hearing discovery and preparation, including provision | ||
for written interrogatories and requests for production of | ||
documents, provided that discovery depositions are | ||
prohibited; the conduct of the hearing; the right of each | ||
party to be represented by counsel, the offer of evidence | ||
and witnesses and the cross-examination of witnesses; the | ||
authority of the hearing officer to issue subpoenas and | ||
subpoenas duces tecum, provided that the hearing officer | ||
may limit the number of witnesses to be subpoenaed in | ||
behalf of each party to no more than 7; the length of | ||
post-hearing briefs; and the form, length, and content of | ||
hearing officers' reports and recommendations to the | ||
general superintendent. | ||
The hearing officer shall commence the hearing within | ||
75 calendar days and conclude the hearing within 120 | ||
calendar days after being selected by the parties as the | ||
hearing officer, provided that these timelines may be | ||
modified upon the showing of good cause or mutual agreement | ||
of the parties. Good cause for the purposes of this | ||
paragraph (5) shall mean the illness or otherwise | ||
unavoidable emergency of the teacher, district | ||
representative, their legal representatives, the hearing | ||
officer, or an essential witness as indicated in each | ||
party's pre-hearing submission. In a dismissal hearing, |
the hearing officer shall consider and give weight to all | ||
of the teacher's evaluations written pursuant to Article | ||
24A that are relevant to the issues in the hearing. The | ||
teacher or principal has the
privilege of being present at | ||
the hearing with counsel and of
cross-examining witnesses | ||
and may offer evidence and witnesses and present
defenses | ||
to the charges. Each party shall have no more than 3 days | ||
to present its case, unless extended by the hearing officer | ||
to enable a party to present adequate evidence and | ||
testimony, including due to the other party's | ||
cross-examination of the party's witnesses, for good cause | ||
or by mutual agreement of the parties. The State Board of | ||
Education shall define in rules the meaning of "day" for | ||
such purposes.
All testimony at the hearing shall be taken | ||
under oath administered by the
hearing officer. The hearing | ||
officer shall cause a record of the
proceedings to be kept | ||
and shall employ a competent reporter to take
stenographic | ||
or stenotype notes of all the testimony. The costs of the
| ||
reporter's attendance and services at the hearing shall be | ||
paid by the party or parties who are paying the fees and | ||
costs of the hearing officer. Either party desiring a | ||
transcript of the
hearing shall pay for the cost thereof. | ||
At the close of the hearing, the hearing officer shall | ||
direct the parties to submit post-hearing briefs no later | ||
than 21 calendar days after receipt of the transcript. | ||
Either or both parties may waive submission of briefs.
|
(6) The hearing officer shall within 30 calendar days | ||
from the conclusion of the hearing
report to the general | ||
superintendent findings of fact and a recommendation as to | ||
whether or not the teacher or principal shall
be dismissed | ||
and shall give a copy of the report to both the
teacher or
| ||
principal and the general superintendent. The State Board | ||
of Education shall provide by rule the form of the hearing | ||
officer's report and recommendation. | ||
(7) The board, within 45
days of receipt of the hearing | ||
officer's findings of fact and recommendation,
shall make a | ||
decision as to whether the teacher or principal shall be | ||
dismissed
from its employ. The failure of the board to | ||
strictly adhere to the timeliness
contained herein shall | ||
not render it without jurisdiction to dismiss the
teacher
| ||
or principal. In the event that the board declines to | ||
dismiss the teacher or principal after review of a hearing | ||
officer's recommendation, the board shall set the amount of | ||
back pay and benefits to award the teacher or principal, | ||
which shall include offsets for interim earnings and | ||
failure to mitigate losses. The board shall establish | ||
procedures for the teacher's or principal's submission of | ||
evidence to it regarding lost earnings, lost benefits, | ||
mitigation, and offsets. The decision
of the board is final | ||
unless reviewed in accordance with paragraph (8) of this | ||
subsection (a).
| ||
(8) The teacher may seek judicial review of the board's |
decision in accordance with the Administrative Review Law, | ||
which is specifically incorporated in this Section, except | ||
that the review must be initiated in the Illinois Appellate | ||
Court for the First District. In the event judicial review | ||
is instituted, any costs of preparing and
filing the record | ||
of proceedings shall be paid by the party instituting
the | ||
review. In the event the appellate court reverses a board | ||
decision to dismiss a teacher or principal and directs the | ||
board to pay the teacher or the principal back pay and | ||
benefits, the appellate court shall remand the matter to | ||
the board to issue an administrative decision as to the | ||
amount of back pay and benefits, which shall include a | ||
calculation of the lost earnings, lost benefits, | ||
mitigation, and offsets based on evidence submitted to the | ||
board in accordance with procedures established by the | ||
board.
| ||
(b) Nothing in this Section affects the validity of removal | ||
for cause hearings
commenced prior to June 13, 2011 ( the | ||
effective date of Public Act 97-8) this amendatory Act of the | ||
97th General Assembly .
| ||
The changes made by Public Act 97-8 this amendatory Act of | ||
the 97th General Assembly shall apply to dismissals instituted | ||
on or after September 1, 2011 or the effective date of Public | ||
Act 97-8 this amendatory Act of the 97th General Assembly , | ||
whichever is later. Any dismissal instituted prior to the | ||
effective date of these changes must be carried out in |
accordance with the requirements of this Section prior to | ||
amendment by Public Act 97-8 this amendatory Act of 97th | ||
General Assembly . | ||
(Source: P.A. 97-8, eff. 6-13-11; revised 12-1-14.)
| ||
Section 195. The Illinois School Student Records Act is | ||
amended by changing Section 6 as follows:
| ||
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||
Sec. 6. (a) No school student records or information
| ||
contained therein may be released, transferred, disclosed or | ||
otherwise
disseminated, except as follows:
| ||
(1) to To a parent or student or person specifically
| ||
designated as a representative by a parent, as provided in | ||
paragraph (a)
of Section 5;
| ||
(2) to To an employee or official of the school or
| ||
school district or State Board with current demonstrable | ||
educational
or administrative interest in the student, in | ||
furtherance of such interest;
| ||
(3) to To the official records custodian of another | ||
school within
Illinois or an official with similar | ||
responsibilities of a school
outside Illinois, in which the | ||
student has enrolled, or intends to enroll,
upon the | ||
request of such official or student;
| ||
(4) to To any person for the purpose of research,
| ||
statistical reporting, or planning, provided that such |
research, statistical reporting, or planning is | ||
permissible under and undertaken in accordance with the | ||
federal Family Educational Rights and Privacy Act (20 | ||
U.S.C. 1232g);
| ||
(5) pursuant Pursuant to a court order, provided that | ||
the
parent shall be given prompt written notice upon | ||
receipt
of such order of the terms of the order, the nature | ||
and
substance of the information proposed to be released
in | ||
compliance with such order and an opportunity to
inspect | ||
and copy the school student records and to
challenge their | ||
contents pursuant to Section 7;
| ||
(6) to To any person as specifically required by State
| ||
or federal law;
| ||
(6.5) to To juvenile authorities
when necessary for the | ||
discharge of their official duties
who request information | ||
prior to
adjudication of the student and who certify in | ||
writing that the information
will not be disclosed to any | ||
other party except as provided under law or order
of court. | ||
For purposes of this Section "juvenile authorities" means:
| ||
(i) a judge of
the circuit court and members of the staff | ||
of the court designated by the
judge; (ii) parties to the | ||
proceedings under the Juvenile Court Act of 1987 and
their | ||
attorneys; (iii) probation
officers and court appointed | ||
advocates for the juvenile authorized by the judge
hearing | ||
the case; (iv) any individual, public or private agency | ||
having custody
of the child pursuant to court order; (v) |
any individual, public or private
agency providing | ||
education, medical or mental health service to the child | ||
when
the requested information is needed to determine the | ||
appropriate service or
treatment for the minor; (vi) any | ||
potential placement provider when such
release
is | ||
authorized by the court for the limited purpose of | ||
determining the
appropriateness of the potential | ||
placement; (vii) law enforcement officers and
prosecutors;
| ||
(viii) adult and juvenile prisoner review boards; (ix) | ||
authorized military
personnel; (x)
individuals authorized | ||
by court;
| ||
(7) subject Subject to regulations of the State Board,
| ||
in connection with an emergency, to appropriate persons
if | ||
the knowledge of such information is necessary to protect
| ||
the health or safety of the student or other
persons;
| ||
(8) to To any person, with the prior specific dated
| ||
written consent of the parent designating the person
to | ||
whom the records may be released, provided that at
the time | ||
any such consent is requested or obtained,
the parent shall | ||
be advised in writing that he has the right
to inspect and | ||
copy such records in accordance with Section 5, to
| ||
challenge their contents in accordance with Section 7 and | ||
to limit any such
consent to
designated records or | ||
designated portions of the information contained
therein;
| ||
(9) to To a governmental agency, or social service | ||
agency contracted by a
governmental agency, in furtherance |
of an investigation of a student's school
attendance | ||
pursuant to the compulsory student attendance laws of this | ||
State,
provided that the records are released to the | ||
employee or agent designated by
the agency;
| ||
(10) to To those SHOCAP committee members who fall | ||
within the meaning of
"state and local officials and | ||
authorities", as those terms are used within the
meaning of | ||
the federal Family Educational Rights and Privacy Act, for
| ||
the
purposes of identifying serious habitual juvenile | ||
offenders and matching those
offenders with community | ||
resources pursuant to Section 5-145 of the Juvenile
Court | ||
Act of 1987, but only to the extent that the release, | ||
transfer,
disclosure, or dissemination is consistent with | ||
the Family Educational Rights
and Privacy Act;
| ||
(11) to To the Department of Healthcare and Family | ||
Services in furtherance of the
requirements of Section | ||
2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||
Section 10 of the School Breakfast and Lunch
Program Act; | ||
or
| ||
(12) to To the State Board or another State government | ||
agency or between or among State government agencies in | ||
order to evaluate or audit federal and State programs or | ||
perform research and planning, but only to the extent that | ||
the release, transfer, disclosure, or dissemination is | ||
consistent with the federal Family Educational Rights and | ||
Privacy Act (20 U.S.C. 1232g). |
(b) No information may be released pursuant to subparagraph | ||
subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | ||
unless the parent receives
prior written notice of the nature | ||
and substance of the information
proposed to be released, and | ||
an opportunity to inspect
and copy such records in accordance | ||
with Section 5 and to
challenge their contents in accordance | ||
with Section 7. Provided, however,
that such notice shall be | ||
sufficient if published in a local newspaper of
general | ||
circulation or other publication directed generally to the | ||
parents
involved where the proposed release of information is | ||
pursuant to
subparagraph (6) 6 of paragraph (a) of in this | ||
Section 6 and relates to more
than 25 students.
| ||
(c) A record of any release of information pursuant
to this | ||
Section must be made and kept as a part of the
school student | ||
record and subject to the access granted by Section 5.
Such | ||
record of release shall be maintained for the life of the
| ||
school student records and shall be available only to the | ||
parent
and the official records custodian.
Each record of | ||
release shall also include:
| ||
(1) the The nature and substance of the information | ||
released;
| ||
(2) the The name and signature of the official records
| ||
custodian releasing such information;
| ||
(3) the The name of the person requesting such | ||
information,
the capacity in which such a request has been | ||
made, and the purpose of such
request;
|
(4) the The date of the release; and
| ||
(5) a A copy of any consent to such release.
| ||
(d) Except for the student and his parents, no person
to | ||
whom information is released pursuant to this Section
and no | ||
person specifically designated as a representative by a parent
| ||
may permit any other person to have access to such information | ||
without a prior
consent of the parent obtained in accordance | ||
with the requirements
of subparagraph (8) of paragraph (a) of | ||
this Section.
| ||
(e) Nothing contained in this Act shall prohibit the
| ||
publication of student directories which list student names, | ||
addresses
and other identifying information and similar | ||
publications which
comply with regulations issued by the State | ||
Board.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | ||
96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised 11-26-14.)
| ||
Section 200. The Critical Health Problems and | ||
Comprehensive Health
Education Act is amended by changing | ||
Section 2 as follows:
| ||
(105 ILCS 110/2) (from Ch. 122, par. 862)
| ||
Sec. 2. Definitions. The following term has terms shall | ||
have the following meaning meanings respectively
prescribed | ||
for them , except as the context otherwise requires:
| ||
(a) "Comprehensive Health Education Program": a systematic |
and extensive
educational program designed to provide a variety | ||
of learning experiences
based upon scientific knowledge of the | ||
human organism as it functions
within its environment which | ||
will favorably influence the knowledge,
attitudes, values and | ||
practices of Illinois school youth; and which will
aid them in | ||
making wise personal decisions in matters of health.
| ||
(Source: P.A. 77-1405; revised 11-26-14.)
| ||
Section 205. The School Safety Drill Act is amended by | ||
changing Section 25 as follows: | ||
(105 ILCS 128/25)
| ||
Sec. 25. Annual review. | ||
(a) Each public school district, through its school board | ||
or the board's designee, shall conduct a minimum of one annual | ||
meeting at which it will review each school building's | ||
emergency and crisis response plans, protocols, and procedures | ||
and each building's compliance with the school safety drill | ||
programs. The purpose of this annual review shall be to review | ||
and update the emergency and crisis response plans, protocols, | ||
and procedures and the school safety drill programs of the | ||
district and each of its school buildings. This review must be | ||
at no cost to the school district. In updating a school | ||
building's emergency and crisis response plans, consideration | ||
may be given to making the emergency and crisis response plans | ||
available to first responders, administrators, and teachers |
for implementation and utilization through the use of | ||
electronic applications on electronic devices, including, but | ||
not limited to, smartphones, tablets, and laptop computers. | ||
(b) Each school board or the board's designee is required | ||
to participate in the annual review and to invite each of the | ||
following parties to the annual review and provide each party | ||
with a minimum of 30 days' 30-days' notice before the date of | ||
the annual review: | ||
(1) The principal of each school within the school | ||
district or his or her official designee. | ||
(2) Representatives from any other education-related | ||
organization or association deemed appropriate by the | ||
school district. | ||
(3) Representatives from all local first responder | ||
organizations to participate, advise, and consult in the | ||
review process, including, but not limited to: | ||
(A) the appropriate local fire department or | ||
district; | ||
(B) the appropriate local law enforcement agency; | ||
(C) the appropriate local emergency medical | ||
services agency if the agency is a separate, local | ||
first responder unit; and | ||
(D) any other member of the first responder or | ||
emergency management community that has contacted the | ||
district superintendent or his or her designee during | ||
the past year to request involvement in a school's |
emergency planning or drill process. | ||
(4) The school board or its designee may also choose to | ||
invite to the annual review any other persons whom it | ||
believes will aid in the review process, including, but not | ||
limited to, any members of any other education-related | ||
organization or the first responder or emergency | ||
management community. | ||
(c) Upon the conclusion of the annual review, the school | ||
board or the board's designee shall sign a one page report, | ||
which may be in either a check-off format or a narrative | ||
format, that does the following: | ||
(1) summarizes the review's recommended changes to the | ||
existing school safety plans and drill plans; | ||
(2) lists the parties that participated in the annual | ||
review, and includes the annual review's attendance | ||
record; | ||
(3) certifies that an effective review of the emergency | ||
and crisis response plans, protocols, and procedures and | ||
the school safety drill programs of the district and each | ||
of its school buildings has occurred; | ||
(4) states that the school district will implement | ||
those plans, protocols, procedures, and programs, during | ||
the academic year; and | ||
(5) includes the authorization of the school board or | ||
the board's designee. | ||
(d) The school board or its designee shall send a copy of |
the report to each party that participates in the annual review | ||
process and to the appropriate regional superintendent of | ||
schools. If any of the participating parties have comments on | ||
the certification document, those parties shall submit their | ||
comments in writing to the appropriate regional | ||
superintendent. The regional superintendent shall maintain a | ||
record of these comments. The certification document may be in | ||
a check-off format or narrative format, at the discretion of | ||
the district superintendent. | ||
(e) The review must occur at least once during the fiscal | ||
year, at a specific time chosen at the school district | ||
superintendent's discretion.
| ||
(f) A private school shall conduct a minimum of one annual | ||
meeting at which the school must review each school building's | ||
emergency and crisis response plans, protocols, and procedures | ||
and each building's compliance with the school safety drill | ||
programs of the school. The purpose of this annual review shall | ||
be to review and update the emergency and crisis response | ||
plans, protocols, and procedures and the school safety drill | ||
programs of the school. This review must be at no cost to the | ||
private school. | ||
The private school shall invite representatives from all | ||
local first responder organizations to participate, advise, | ||
and consult in the review process, including, but not limited | ||
to, the following: | ||
(1) the appropriate local fire department or fire |
protection district; | ||
(2) the appropriate local law enforcement agency; | ||
(3) the appropriate local emergency medical services | ||
agency if the agency is a separate, local first responder | ||
unit; and | ||
(4) any other member of the first responder or | ||
emergency management community that has contacted the | ||
school's chief administrative officer or his or her | ||
designee during the past year to request involvement in the | ||
school's emergency planning or drill process. | ||
(Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14; | ||
revised 7-15-14.) | ||
Section 210. The Illinois Credit Union Act is amended by | ||
changing Sections 46 and 57.1 as follows: | ||
(205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||
Sec. 46. Loans and interest rate.
| ||
(1) A credit union may make loans
to its members for such | ||
purpose and upon such security and terms, including
rates of | ||
interest, as the credit committee, credit manager, or loan | ||
officer
approves.
Notwithstanding the provisions of any other | ||
law in connection with extensions
of credit, a credit union may | ||
elect to
contract for and receive interest and fees and other | ||
charges for extensions of
credit subject only to the provisions | ||
of this Act and rules promulgated under
this Act, except that |
extensions of credit secured by residential real estate
shall | ||
be subject to the laws applicable thereto.
The rates of | ||
interest to be charged on loans to members shall be
set by the | ||
board of directors of each individual credit union in | ||
accordance with Section 30 of this Act and such
rates may be | ||
less than, but may not exceed, the maximum rate set forth in
| ||
this Section. A borrower may repay his loan prior to maturity, | ||
in whole or
in part, without penalty. The credit contract may | ||
provide for the payment
by the member and receipt by the credit | ||
union of all costs and
disbursements, including reasonable | ||
attorney's fees and collection agency
charges, incurred by the | ||
credit union to collect or enforce the debt in the
event of a | ||
delinquency by the member, or in the event of a breach of any
| ||
obligation of the member under the credit contract. A | ||
contingency or
hourly arrangement established under an | ||
agreement entered into by a credit
union with an attorney or | ||
collection agency to collect a loan of a member
in default | ||
shall be presumed prima facie reasonable.
| ||
(2) Credit unions may make loans based upon the security of | ||
any
interest or equity in real estate, subject to rules and | ||
regulations
promulgated by the Secretary. In any contract or | ||
loan which
is secured by a mortgage, deed of
trust, or | ||
conveyance in the nature of a mortgage, on residential real
| ||
estate, the interest which is computed, calculated, charged, or | ||
collected
pursuant to such contract or loan, or pursuant to any | ||
regulation or rule
promulgated pursuant to this Act, may not be |
computed, calculated, charged
or collected for any period of | ||
time occurring after the date on which the
total indebtedness, | ||
with the exception of late payment penalties, is paid
in full.
| ||
For purposes of this subsection (2) of this Section 46, a | ||
prepayment
shall mean the payment of the total indebtedness, | ||
with the exception of
late payment penalties if incurred or | ||
charged, on any date before the date
specified in the contract | ||
or loan agreement on which the total indebtedness
shall be paid | ||
in full, or before the date on which all payments, if timely
| ||
made, shall have been made. In the event of a prepayment of the
| ||
indebtedness which is made on a date
after the date on which | ||
interest on the indebtedness was last computed,
calculated, | ||
charged, or collected but before the next date on which | ||
interest
on the indebtedness was to be calculated, computed, | ||
charged, or collected,
the lender may calculate, charge and | ||
collect interest on the indebtedness
for the period which | ||
elapsed between the date on which the prepayment is
made and | ||
the date on which interest on the indebtedness was last | ||
computed,
calculated, charged or collected at a rate equal to | ||
1/360 of the annual
rate for each day which so elapsed, which | ||
rate shall be applied to the
indebtedness outstanding as of the | ||
date of prepayment. The lender shall
refund to the borrower any | ||
interest charged or collected which exceeds that
which the | ||
lender may charge or collect pursuant to the preceding | ||
sentence.
The provisions of this amendatory Act of 1985 shall | ||
apply only to contracts
or loans entered into on or after the |
effective date of this amendatory
Act.
| ||
(3) Notwithstanding any other provision of this Act, a | ||
credit union
authorized under this Act to make loans secured by | ||
an interest or equity in
real estate may engage in making | ||
"reverse mortgage" loans to persons for
the purpose of making | ||
home improvements or repairs, paying insurance
premiums or | ||
paying real estate taxes on the homestead properties
of such | ||
persons. If made, such loans shall be made on such terms and
| ||
conditions as the credit union shall determine and as shall be | ||
consistent
with the provisions of this Section and such rules | ||
and regulations as the Secretary
shall promulgate hereunder. | ||
For purposes of this Section, a
"reverse mortgage" loan shall | ||
be a loan extended on the basis of existing
equity in homestead | ||
property and secured by a mortgage on such property.
Such loans | ||
shall be repaid upon the sale of the property or upon the death
| ||
of the owner or, if the property is in joint tenancy, upon the | ||
death of the
last surviving joint tenant who had such an | ||
interest in the property at the
time the loan was initiated, | ||
provided, however, that the credit union and
its member may by | ||
mutual agreement, establish other repayment terms. A
credit | ||
union, in making a "reverse mortgage" loan, may add deferred
| ||
interest to principal or otherwise provide for the charging of | ||
interest or
premiums on such deferred interest. "Homestead" | ||
property, for purposes of
this Section, means the domicile and | ||
contiguous real estate owned and
occupied by the mortgagor.
| ||
(4) Notwithstanding any other provisions of this Act, a |
credit union
authorized under this Act to make loans secured by | ||
an interest or equity
in real property may engage in making | ||
revolving credit loans secured by
mortgages or deeds of trust | ||
on such real property or by security
assignments of beneficial | ||
interests in land trusts.
| ||
For purposes of this Section, "revolving credit" has the | ||
meaning defined
in Section 4.1 of the Interest Act.
| ||
Any mortgage or deed of trust given to secure a revolving | ||
credit loan may,
and when so expressed therein shall, secure | ||
not only the existing indebtedness
but also such future | ||
advances, whether such advances are obligatory or to
be made at | ||
the option of the lender, or otherwise, as are made within | ||
twenty
years from the date thereof, to the same extent as if | ||
such future advances
were made on the date of the execution of | ||
such mortgage or deed of trust,
although there may be no | ||
advance made at the time of execution of such mortgage
or other | ||
instrument, and although there may be no indebtedness | ||
outstanding
at the time any advance is made. The lien of such | ||
mortgage or deed of trust,
as to third persons
without actual | ||
notice thereof, shall be valid as to all such indebtedness
and | ||
future advances form the time said mortgage or deed of trust is | ||
filed
for record in the office of the recorder of deeds or the | ||
registrar of titles
of the county where the real property | ||
described therein is located. The
total amount of indebtedness | ||
that may be so secured may increase or decrease
from time to | ||
time, but the total unpaid balance so secured at any one time
|
shall not exceed a maximum principal amount which must be | ||
specified in such
mortgage or deed of trust, plus interest | ||
thereon, and any disbursements
made for the payment of taxes, | ||
special assessments, or insurance on said
real property, with | ||
interest on such disbursements.
| ||
Any such mortgage or deed of trust shall be valid and have | ||
priority over
all subsequent liens and encumbrances, including | ||
statutory liens, except
taxes and assessments levied on said | ||
real property.
| ||
(4-5) For purposes of this Section, "real estate" and "real | ||
property" include a manufactured home as defined in subdivision | ||
(53) of Section 9-102 of the Uniform Commercial Code which is | ||
real property as defined in Section 5-35 of the Conveyance and | ||
Encumbrance of Manufactured Homes as Real Property and | ||
Severance Act. | ||
(5) Compliance with federal or Illinois preemptive laws or | ||
regulations
governing loans made by a credit union chartered | ||
under this Act shall
constitute compliance with this Act.
| ||
(6) Credit unions may make residential real estate mortgage | ||
loans on terms and conditions established by the United States | ||
Department of Agriculture through its Rural Development | ||
Housing and Community Facilities Program. The portion of any | ||
loan in excess of the appraised value of the real estate shall | ||
be allocable only to the guarantee fee required under the | ||
program. | ||
(7) For a renewal, refinancing, or restructuring of an |
existing loan that is secured by an interest or equity in real | ||
estate, a new appraisal of the collateral shall not be required | ||
when the transaction involves an existing extension of credit | ||
at the credit union, no new moneys are advanced other than | ||
funds necessary to cover reasonable closing costs, and there | ||
has been no obvious or material change in market conditions or | ||
physical aspects of the real estate that threatens the adequacy | ||
of the credit union's real estate collateral protection after | ||
the transaction. | ||
(Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14; | ||
98-784, eff. 7-24-14; revised 10-2-14.)
| ||
(205 ILCS 305/57.1) | ||
Sec. 57.1. Services to other credit unions. | ||
(a) A credit union may act as a representative of and enter | ||
into an agreement with credit unions or other organizations for | ||
the purposes purpose of: | ||
(1) sharing, utilizing, renting, leasing, purchasing, | ||
selling, and joint ownership of fixed assets or engaging in | ||
activities and services that relate to the daily operations | ||
of credit unions; and | ||
(2) providing correspondent services to other credit | ||
unions that the service provider credit union is authorized | ||
to perform for its own members or as part of its | ||
operations, including, but not limited to, loan | ||
processing, loan servicing, member check cashing services, |
disbursing share withdrawals and loan proceeds, cashing | ||
and selling money orders, ACH and wire transfer services, | ||
coin and currency services, performing internal audits, | ||
and automated teller machine deposit services.
| ||
(Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.) | ||
Section 215. The Residential Mortgage License Act of 1987 | ||
is amended by changing Section 1-4 as follows: | ||
(205 ILCS 635/1-4) | ||
Sec. 1-4. Definitions. The following words and phrases have | ||
the meanings given to them in this Section: | ||
(a) "Residential real property" or "residential real | ||
estate" shall mean any real property located in Illinois, | ||
upon which is constructed or intended to be constructed a | ||
dwelling. Those terms include a manufactured home as | ||
defined in subdivision (53) of Section 9-102 of the Uniform | ||
Commercial Code which is real property as defined in | ||
Section 5-35 of the Conveyance and Encumbrance of | ||
Manufactured Homes as Real Property and Severance Act. | ||
(b) "Making a residential mortgage loan" or "funding a | ||
residential mortgage
loan" shall mean for compensation or | ||
gain, either directly or indirectly,
advancing funds or | ||
making a commitment to advance funds to a loan applicant
| ||
for a residential mortgage loan. | ||
(c) "Soliciting, processing, placing, or negotiating a |
residential
mortgage loan" shall mean for compensation or | ||
gain, either directly or
indirectly, accepting or offering | ||
to accept an application for a
residential mortgage loan, | ||
assisting or offering to assist in the
processing of an | ||
application for a residential mortgage loan on behalf of a
| ||
borrower, or negotiating or offering to negotiate the terms | ||
or conditions
of a residential mortgage loan with a lender | ||
on behalf of a borrower
including, but not limited to, the | ||
submission of credit packages for the
approval of lenders, | ||
the preparation of residential mortgage loan closing
| ||
documents, including a closing in the name of a broker. | ||
(d) "Exempt person or entity" shall mean the following: | ||
(1) (i) Any banking organization or foreign | ||
banking corporation
licensed by the Illinois | ||
Commissioner of Banks and Real Estate or the
United | ||
States Comptroller of the Currency to transact | ||
business in this
State; (ii) any national bank, | ||
federally chartered savings and loan
association, | ||
federal savings bank, federal credit union; (iii) | ||
(blank); (iv) any bank, savings and loan
association, | ||
savings bank, or credit union organized under the laws | ||
of this
or any other state; (v) any Illinois Consumer | ||
Installment Loan Act licensee;
(vi) any insurance | ||
company authorized to transact business in this State;
| ||
(vii) any entity engaged solely in commercial mortgage | ||
lending; (viii) any
service corporation of a savings |
and loan association or savings bank organized
under | ||
the laws of this State or the service corporation of a | ||
federally
chartered savings and loan association or | ||
savings bank having
its principal place of business in | ||
this State, other than a service
corporation licensed | ||
or entitled to reciprocity under the Real Estate
| ||
License Act of 2000; or (ix) any first tier subsidiary | ||
of a
bank, the charter of which is issued under the | ||
Illinois Banking Act
by the Illinois Commissioner of | ||
Banks and Real Estate,
or the first tier subsidiary of | ||
a bank chartered by the United States
Comptroller of | ||
the Currency and that has its principal place of | ||
business
in this State, provided that the first tier | ||
subsidiary is regularly
examined by the Illinois | ||
Commissioner of Banks and Real Estate
or the | ||
Comptroller of the Currency, or a consumer compliance | ||
examination is
regularly conducted by the Federal | ||
Reserve Board. | ||
(1.5) Any employee of a person or entity mentioned | ||
in
item (1) of this subsection, when acting for such | ||
person or entity, or any registered mortgage loan | ||
originator when acting for an entity described in | ||
subsection (tt) of this Section. | ||
(1.8) Any person or entity that does not originate | ||
mortgage loans in the ordinary course of business, but | ||
makes or acquires residential mortgage loans with his |
or her own funds for his or her or its own investment | ||
without intent to make, acquire, or resell more than 3 | ||
residential mortgage loans in any one calendar year. | ||
(2) (Blank). | ||
(3) Any person employed by a licensee to assist in | ||
the performance of
the residential mortgage licensee's | ||
activities regulated by this Act who is compensated in | ||
any manner by
only one licensee. | ||
(4) (Blank). | ||
(5) Any individual, corporation, partnership, or | ||
other entity that
originates, services, or brokers | ||
residential mortgage loans, as these
activities are | ||
defined in this Act, and who or which receives no
| ||
compensation for those activities, subject to the | ||
Commissioner's
regulations and the federal Secure and | ||
Fair Enforcement for Mortgage Licensing Act of 2008 and | ||
the rules promulgated under that Act with regard to the | ||
nature and amount of compensation. | ||
(6) (Blank). | ||
(e) "Licensee" or "residential mortgage licensee" | ||
shall mean a person,
partnership, association, | ||
corporation, or any other entity who or which is
licensed | ||
pursuant to this Act to engage in the activities regulated | ||
by
this Act. | ||
(f) "Mortgage loan" "residential mortgage loan" or | ||
"home
mortgage loan" shall mean any loan primarily for |
personal, family, or household use that is secured by a | ||
mortgage, deed of trust, or other equivalent consensual | ||
security interest on a dwelling as defined in Section | ||
103(v) of the federal Truth in Lending Act, or residential | ||
real estate upon which is constructed or intended to be | ||
constructed a dwelling. | ||
(g) "Lender" shall mean any person, partnership, | ||
association,
corporation, or any other entity who either | ||
lends or invests money in
residential mortgage loans. | ||
(h) "Ultimate equitable owner" shall mean a person who, | ||
directly
or indirectly, owns or controls an ownership | ||
interest in a corporation,
foreign corporation, alien | ||
business organization, trust, or any other form
of business | ||
organization regardless of whether the person owns or | ||
controls
the ownership interest through one or more persons | ||
or one or more proxies,
powers of attorney, nominees, | ||
corporations, associations, partnerships,
trusts, joint | ||
stock companies, or other entities or devices, or any
| ||
combination thereof. | ||
(i) "Residential mortgage financing transaction" shall | ||
mean the negotiation,
acquisition, sale, or arrangement | ||
for or the offer to negotiate, acquire,
sell, or arrange | ||
for, a residential mortgage loan or residential mortgage
| ||
loan commitment. | ||
(j) "Personal residence address" shall mean a street | ||
address and shall
not include a post office box number. |
(k) "Residential mortgage loan commitment" shall mean | ||
a contract for
residential mortgage loan financing. | ||
(l) "Party to a residential mortgage financing | ||
transaction" shall mean a
borrower, lender, or loan broker | ||
in a residential mortgage financing
transaction. | ||
(m) "Payments" shall mean payment of all or any of the | ||
following:
principal, interest and escrow reserves for | ||
taxes, insurance and other related
reserves, and | ||
reimbursement for lender advances. | ||
(n) "Commissioner" shall mean the Commissioner of | ||
Banks and Real Estate, except that, beginning on April 6, | ||
2009 (the effective date of Public Act 95-1047), all | ||
references in this Act to the Commissioner of Banks and | ||
Real Estate are deemed, in appropriate contexts, to be | ||
references to the Secretary of Financial and Professional | ||
Regulation, or his or her designee, including the Director | ||
of the Division of Banking of the Department of Financial | ||
and Professional Regulation. | ||
(n-1) "Director" shall mean the Director of the | ||
Division of Banking of the Department of Financial and | ||
Professional Regulation, except that, beginning on July | ||
31, 2009 (the effective date of Public Act 96-112), all | ||
references in this Act to the Director are deemed, in | ||
appropriate contexts, to be the Secretary of Financial and | ||
Professional Regulation, or his or her designee, including | ||
the Director of the Division of Banking of the Department |
of Financial and Professional Regulation. | ||
(o) "Loan brokering", "brokering", or "brokerage | ||
service" shall mean the act
of helping to obtain from | ||
another entity, for a borrower, a loan secured by
| ||
residential real estate situated in Illinois or assisting a | ||
borrower in
obtaining a loan secured by residential real | ||
estate situated in Illinois in
return for consideration to | ||
be paid by either the borrower or the lender
including, but | ||
not limited to, contracting for the delivery of residential
| ||
mortgage loans to a third party lender and soliciting, | ||
processing, placing,
or negotiating residential mortgage | ||
loans. | ||
(p) "Loan broker" or "broker" shall mean a person, | ||
partnership,
association, corporation, or limited | ||
liability company, other than
those persons, partnerships,
| ||
associations, corporations, or limited liability companies | ||
exempted
from licensing pursuant to Section
1-4, | ||
subsection (d), of this Act, who performs the activities | ||
described
in subsections (c), (o), and (yy) of this | ||
Section. | ||
(q) "Servicing" shall mean the collection or | ||
remittance for or the
right or obligation to collect or | ||
remit for any lender, noteowner,
noteholder, or for a | ||
licensee's own account, of payments, interests,
principal, | ||
and trust items such as hazard insurance and taxes on a
| ||
residential mortgage loan in accordance with the terms of |
the residential
mortgage loan; and includes loan payment | ||
follow-up, delinquency loan
follow-up, loan analysis and | ||
any notifications to the borrower that are
necessary to | ||
enable the borrower to keep the loan current and in good | ||
standing. "Servicing" includes management of third-party | ||
entities acting on behalf of a residential mortgage | ||
licensee for the collection of delinquent payments and the | ||
use by such third-party entities of said licensee's | ||
servicing records or information, including their use in | ||
foreclosure. | ||
(r) "Full service office" shall mean an office, | ||
provided by the licensee and not subleased from the | ||
licensee's employees, and staff in Illinois
reasonably | ||
adequate to handle efficiently communications, questions, | ||
and
other matters relating to any application for, or an | ||
existing home mortgage
secured by residential real estate | ||
situated in Illinois
with respect to which the licensee is | ||
brokering, funding originating,
purchasing, or servicing. | ||
The management and operation of each full service
office | ||
must include observance of good business practices such as | ||
proper signage; adequate,
organized, and accurate books | ||
and records; ample phone lines, hours of
business, staff | ||
training and supervision, and provision for a mechanism to
| ||
resolve consumer inquiries, complaints, and problems. The | ||
Commissioner
shall issue regulations with regard to these | ||
requirements and shall include
an evaluation of compliance |
with this Section in his or her periodic
examination of | ||
each licensee. | ||
(s) "Purchasing" shall mean the purchase of | ||
conventional or
government-insured mortgage loans secured | ||
by residential real estate
situated in Illinois from either | ||
the lender or from the secondary market. | ||
(t) "Borrower" shall mean the person or persons who | ||
seek the services of
a loan broker, originator, or lender. | ||
(u) "Originating" shall mean the issuing of | ||
commitments for and funding of
residential mortgage loans. | ||
(v) "Loan brokerage agreement" shall mean a written | ||
agreement in which a
broker or loan broker agrees to do | ||
either of the following: | ||
(1) obtain a residential mortgage loan for the | ||
borrower or assist the
borrower in obtaining a | ||
residential mortgage loan; or | ||
(2) consider making a residential mortgage loan to | ||
the borrower. | ||
(w) "Advertisement" shall mean the attempt by | ||
publication,
dissemination, or circulation to induce, | ||
directly or indirectly,
any person to enter into a | ||
residential mortgage loan agreement or
residential | ||
mortgage loan brokerage agreement relative to a
mortgage | ||
secured by residential real estate situated in Illinois. | ||
(x) "Residential Mortgage Board" shall mean the | ||
Residential Mortgage
Board created in Section 1-5 of this |
Act. | ||
(y) "Government-insured mortgage loan" shall mean any | ||
mortgage loan made
on the security of residential real | ||
estate insured by the Department of
Housing and Urban | ||
Development or Farmers Home Loan Administration, or
| ||
guaranteed by the Veterans Administration. | ||
(z) "Annual audit" shall mean a certified audit of the | ||
licensee's books and
records and systems of internal | ||
control performed by a certified public
accountant in | ||
accordance with generally accepted accounting principles
| ||
and generally accepted auditing standards. | ||
(aa) "Financial institution" shall mean a savings and | ||
loan
association, savings bank, credit union, or a bank | ||
organized under the
laws of Illinois or a savings and loan | ||
association, savings bank,
credit union or a bank organized | ||
under the laws of the United States and
headquartered in | ||
Illinois. | ||
(bb) "Escrow agent" shall mean a third party, | ||
individual or entity
charged with the fiduciary obligation | ||
for holding escrow funds on a
residential mortgage loan | ||
pending final payout of those funds
in accordance with the | ||
terms of the residential mortgage loan. | ||
(cc) "Net worth" shall have the meaning ascribed | ||
thereto in Section 3-5
of this Act. | ||
(dd) "Affiliate" shall mean: | ||
(1) any entity that directly controls or is |
controlled by the licensee
and any other company that | ||
is directly affecting activities regulated by
this Act | ||
that is controlled by the company that controls the | ||
licensee; | ||
(2) any entity: | ||
(A) that is controlled, directly or | ||
indirectly, by a trust or otherwise,
by or for the | ||
benefit of shareholders who beneficially or | ||
otherwise
control, directly or indirectly, by | ||
trust or otherwise, the licensee or any
company | ||
that controls the licensee; or | ||
(B) a majority of the directors or trustees of | ||
which constitute a
majority of the persons holding | ||
any such office with the licensee or any
company | ||
that controls the licensee; | ||
(3) any company, including a real estate | ||
investment trust, that is
sponsored and advised on a | ||
contractual basis by the licensee or any
subsidiary or | ||
affiliate of the licensee. | ||
The Commissioner may define by rule and regulation any | ||
terms used
in this Act for the efficient and clear | ||
administration of this Act. | ||
(ee) "First tier subsidiary" shall be defined by | ||
regulation
incorporating the comparable definitions used | ||
by the Office of the
Comptroller of the Currency and the | ||
Illinois Commissioner of Banks
and Real Estate. |
(ff) "Gross delinquency rate" means the quotient | ||
determined by dividing
(1) the sum of (i) the number of | ||
government-insured residential mortgage loans
funded or | ||
purchased by a licensee in the preceding calendar year that | ||
are
delinquent and (ii) the number of conventional | ||
residential mortgage loans
funded or purchased by the | ||
licensee in the preceding calendar year that are
delinquent | ||
by (2) the sum of (i) the number of government-insured | ||
residential
mortgage loans funded or purchased by the | ||
licensee in the preceding calendar
year and (ii) the number | ||
of conventional residential mortgage loans funded or
| ||
purchased by the licensee in the preceding calendar year. | ||
(gg) "Delinquency rate factor" means the factor set by | ||
rule of the
Commissioner that is multiplied by the average | ||
gross delinquency rate of
licensees, determined annually | ||
for the immediately preceding calendar year, for
the | ||
purpose of determining which licensees shall be examined by | ||
the
Commissioner pursuant to subsection (b) of Section 4-8 | ||
of this Act. | ||
(hh) "Loan originator" means any natural person who, | ||
for compensation or in
the expectation of compensation, | ||
either directly or indirectly makes, offers to
make, | ||
solicits, places, or negotiates a residential mortgage | ||
loan. This definition applies only to Section 7-1 of this | ||
Act. | ||
(ii) "Confidential supervisory information" means any |
report of examination, visitation, or investigation | ||
prepared by the Commissioner under this Act, any report of | ||
examination visitation, or investigation prepared by the | ||
state regulatory authority of another state that examines a | ||
licensee, any document or record prepared or obtained in | ||
connection with or relating to any examination, | ||
visitation, or investigation, and any record prepared or | ||
obtained by the Commissioner to the extent that the record | ||
summarizes or contains information derived from any | ||
report, document, or record described in this subsection. | ||
"Confidential supervisory information" does not include | ||
any information or record routinely prepared by a licensee | ||
and maintained in the ordinary course of business or any | ||
information or record that is required to be made publicly | ||
available pursuant to State or federal law or rule.
| ||
(jj) "Mortgage loan originator" means an individual | ||
who for compensation or gain or in the expectation of | ||
compensation or gain: | ||
(i) takes a residential mortgage loan application; | ||
or | ||
(ii) offers or negotiates terms of a residential | ||
mortgage loan. | ||
"Mortgage loan originator" includes an individual | ||
engaged in loan modification activities as defined in | ||
subsection (yy) of this Section. A mortgage loan originator | ||
engaged in loan modification activities shall report those |
activities to the Department of Financial and Professional | ||
Regulation in the manner provided by the Department; | ||
however, the Department shall not impose a fee for | ||
reporting, nor require any additional qualifications to | ||
engage in those activities beyond those provided pursuant | ||
to this Act for mortgage loan originators. | ||
"Mortgage loan originator" does not include an | ||
individual engaged solely as a loan processor or | ||
underwriter except as otherwise provided in subsection (d) | ||
of Section 7-1A of this Act. | ||
"Mortgage loan originator" does not include a person or | ||
entity that only performs real estate brokerage activities | ||
and is licensed in accordance with the Real Estate License | ||
Act of 2000, unless the person or entity is compensated by | ||
a lender, a mortgage broker, or other mortgage loan | ||
originator, or by any agent of that lender, mortgage | ||
broker, or other mortgage loan originator. | ||
"Mortgage loan originator" does not include a person or | ||
entity solely involved in extensions of credit relating to | ||
timeshare plans, as that term is defined in Section | ||
101(53D) of Title 11, United States Code. | ||
(kk) "Depository institution" has the same meaning as | ||
in Section 3 of the Federal Deposit Insurance Act, and | ||
includes any credit union. | ||
(ll) "Dwelling" means a residential structure or | ||
mobile home which contains one to 4 family housing units, |
or individual units of condominiums or cooperatives. | ||
(mm) "Immediate family member" means a spouse, child, | ||
sibling, parent, grandparent, or grandchild, and includes | ||
step-parents, step-children, step-siblings, or adoptive | ||
relationships. | ||
(nn) "Individual" means a natural person. | ||
(oo) "Loan processor or underwriter" means an | ||
individual who performs clerical or support duties as an | ||
employee at the direction of and subject to the supervision | ||
and instruction of a person licensed, or exempt from | ||
licensing, under this Act. "Clerical or support duties" | ||
includes subsequent to the receipt of an application: | ||
(i) the receipt, collection, distribution, and | ||
analysis of information common for the processing or | ||
underwriting of a residential mortgage loan; and | ||
(ii) communicating with a consumer to obtain the | ||
information necessary for the processing or | ||
underwriting of a loan, to the extent that the | ||
communication does not include offering or negotiating | ||
loan rates or terms, or counseling consumers about | ||
residential mortgage loan rates or terms. An | ||
individual engaging solely in loan processor or | ||
underwriter activities shall not represent to the | ||
public, through advertising or other means of | ||
communicating or providing information, including the | ||
use of business cards, stationery, brochures, signs, |
rate lists, or other promotional items, that the | ||
individual can or will perform any of the activities of | ||
a mortgage loan originator. | ||
(pp) "Nationwide Mortgage Licensing System and | ||
Registry" means a mortgage licensing system developed and | ||
maintained by the Conference of State Bank Supervisors and | ||
the American Association of Residential Mortgage | ||
Regulators for the licensing and registration of licensed | ||
mortgage loan originators. | ||
(qq) "Nontraditional mortgage product" means any | ||
mortgage product other than a 30-year fixed rate mortgage. | ||
(rr) "Person" means a natural person, corporation, | ||
company, limited liability company, partnership, or | ||
association. | ||
(ss) "Real estate brokerage activity" means any | ||
activity that involves offering or providing real estate | ||
brokerage services to the public, including: | ||
(1) acting as a real estate agent or real estate | ||
broker for a buyer, seller, lessor, or lessee of real | ||
property; | ||
(2) bringing together parties interested in the | ||
sale, purchase, lease, rental, or exchange of real | ||
property; | ||
(3) negotiating, on behalf of any party, any | ||
portion of a contract relating to the sale, purchase, | ||
lease, rental, or exchange of real property, other than |
in connection with providing financing with respect to | ||
any such transaction; | ||
(4) engaging in any activity for which a person | ||
engaged in the activity is required to be registered or | ||
licensed as a real estate agent or real estate broker | ||
under any applicable law; or | ||
(5) offering to engage in any activity, or act in | ||
any capacity, described in this subsection (ss). | ||
(tt) "Registered mortgage loan originator" means any | ||
individual that: | ||
(1) meets the definition of mortgage loan | ||
originator and is an employee of: | ||
(A) a depository institution; | ||
(B) a subsidiary that is: | ||
(i) owned and controlled by a depository | ||
institution; and | ||
(ii) regulated by a federal banking | ||
agency; or | ||
(C) an institution regulated by the Farm | ||
Credit Administration; and | ||
(2) is registered with, and maintains a unique | ||
identifier through, the Nationwide Mortgage Licensing | ||
System and Registry. | ||
(uu) "Unique identifier" means a number or other | ||
identifier assigned by protocols established by the | ||
Nationwide Mortgage Licensing System and Registry. |
(vv) "Residential mortgage license" means a license | ||
issued pursuant to Section 1-3, 2-2, or 2-6 of this Act. | ||
(ww) "Mortgage loan originator license" means a | ||
license issued pursuant to Section 7-1A, 7-3, or 7-6 of | ||
this Act. | ||
(xx) "Secretary" means the Secretary of the Department | ||
of Financial and Professional Regulation, or a person | ||
authorized by the Secretary or by this Act to act in the | ||
Secretary's stead. | ||
(yy) "Loan modification" means, for compensation or | ||
gain, either directly or indirectly offering or | ||
negotiating on behalf of a borrower or homeowner to adjust | ||
the terms of a residential mortgage loan in a manner not | ||
provided for in the original or previously modified | ||
mortgage loan. | ||
(zz) "Short sale facilitation" means, for compensation | ||
or gain, either directly or indirectly offering or | ||
negotiating on behalf of a borrower or homeowner to | ||
facilitate the sale of residential real estate subject to | ||
one or more residential mortgage loans or debts | ||
constituting liens on the property in which the proceeds | ||
from selling the residential real estate will fall short of | ||
the amount owed and the lien holders are contacted to agree | ||
to release their lien on the residential real estate and | ||
accept less than the full amount owed on the debt. | ||
The Commissioner may define by rule and regulation any |
terms used
in this Act for the efficient and clear | ||
administration of this Act. | ||
(Source: P.A. 97-143, eff. 7-14-11; 97-891, eff. 8-3-12; | ||
98-749, eff. 7-16-14; 98-1081, eff. 1-1-15; revised 10-6-14.) | ||
Section 220. The Alternative Health Care Delivery Act is | ||
amended by changing Section 30 as follows:
| ||
(210 ILCS 3/30)
| ||
Sec. 30. Demonstration program requirements. The | ||
requirements set forth in
this Section shall apply to | ||
demonstration programs.
| ||
(a) (Blank).
| ||
(a-5) There shall be no more than the total number of | ||
postsurgical
recovery care centers with a certificate of need | ||
for beds as of January 1, 2008.
| ||
(a-10) There shall be no more than a total of 9 children's | ||
community-based health care center alternative health care | ||
models in the demonstration program, which shall
be located as | ||
follows:
| ||
(1) Two in the City of Chicago.
| ||
(2) One in Cook County outside the City of Chicago.
| ||
(3) A total of 2 in the area comprised of DuPage, Kane, | ||
Lake, McHenry, and
Will counties.
| ||
(4) A total of 2 in municipalities with a population of | ||
50,000 or more and
not
located in the areas described in |
paragraphs (1), (2), or (3).
| ||
(5) A total of 2 in rural areas, as defined by the | ||
Health Facilities
and Services Review Board.
| ||
No more than one children's community-based health care | ||
center owned and operated by a
licensed skilled pediatric | ||
facility shall be located in each of the areas
designated in | ||
this subsection (a-10).
| ||
(a-15) There shall be 5 authorized community-based | ||
residential
rehabilitation center alternative health care | ||
models in the demonstration
program.
| ||
(a-20) There shall be an authorized
Alzheimer's disease | ||
management center alternative health care model in the
| ||
demonstration program. The Alzheimer's disease management | ||
center shall be
located in Will
County, owned by a
| ||
not-for-profit entity, and endorsed by a resolution approved by | ||
the county
board before the effective date of this amendatory | ||
Act of the 91st General
Assembly.
| ||
(a-25) There shall be no more than 10 birth center | ||
alternative health care
models in the demonstration program, | ||
located as follows:
| ||
(1) Four in the area comprising Cook, DuPage, Kane, | ||
Lake, McHenry, and
Will counties, one of
which shall be | ||
owned or operated by a hospital and one of which shall be | ||
owned
or operated by a federally qualified health center.
| ||
(2) Three in municipalities with a population of 50,000 | ||
or more not
located in the area described in paragraph (1) |
of this subsection, one of
which shall be owned or operated | ||
by a hospital and one of which shall be owned
or operated | ||
by a federally qualified health center.
| ||
(3) Three in rural areas, one of which shall be owned | ||
or operated by a
hospital and one of which shall be owned | ||
or operated by a federally qualified
health center.
| ||
The first 3 birth centers authorized to operate by the | ||
Department shall be
located in or predominantly serve the | ||
residents of a health professional
shortage area as determined | ||
by the United States Department of Health and Human
Services. | ||
There shall be no more than 2 birth centers authorized to | ||
operate in
any single health planning area for obstetric | ||
services as determined under the
Illinois Health Facilities | ||
Planning Act. If a birth center is located outside
of a
health | ||
professional shortage area, (i) the birth center shall be | ||
located in a
health planning
area with a demonstrated need for | ||
obstetrical service beds, as determined by
the Health | ||
Facilities and Services Review Board or (ii) there must be a
| ||
reduction in
the existing number of obstetrical service beds in | ||
the planning area so that
the establishment of the birth center | ||
does not result in an increase in the
total number of | ||
obstetrical service beds in the health planning area.
| ||
(b) Alternative health care models, other than a model | ||
authorized under subsection (a-10) or
(a-20), shall obtain a | ||
certificate of
need from the Health Facilities and Services | ||
Review Board under the Illinois
Health Facilities Planning Act |
before receiving a license by the
Department.
If, after | ||
obtaining its initial certificate of need, an alternative | ||
health
care delivery model that is a community based | ||
residential rehabilitation center
seeks to
increase the bed | ||
capacity of that center, it must obtain a certificate of need
| ||
from the Health Facilities and Services Review Board before | ||
increasing the bed
capacity. Alternative
health care models in | ||
medically underserved areas
shall receive priority in | ||
obtaining a certificate of need.
| ||
(c) An alternative health care model license shall be | ||
issued for a
period of one year and shall be annually renewed | ||
if the facility or
program is in substantial compliance with | ||
the Department's rules
adopted under this Act. A licensed | ||
alternative health care model that continues
to be in | ||
substantial compliance after the conclusion of the | ||
demonstration
program shall be eligible for annual renewals | ||
unless and until a different
licensure program for that type of | ||
health care model is established by
legislation, except that a | ||
postsurgical recovery care center meeting the following | ||
requirements may apply within 3 years after August 25, 2009 | ||
(the effective date of Public Act 96-669) for a Certificate of | ||
Need permit to operate as a hospital: | ||
(1) The postsurgical recovery care center shall apply | ||
to the Health Facilities and Services Review Board for a | ||
Certificate of Need permit to discontinue the postsurgical | ||
recovery care center and to establish a hospital. |
(2) If the postsurgical recovery care center obtains a | ||
Certificate of Need permit to operate as a hospital, it | ||
shall apply for licensure as a hospital under the Hospital | ||
Licensing Act and shall meet all statutory and regulatory | ||
requirements of a hospital. | ||
(3) After obtaining licensure as a hospital, any | ||
license as an ambulatory surgical treatment center and any | ||
license as a postsurgical recovery care center shall be | ||
null and void. | ||
(4) The former postsurgical recovery care center that | ||
receives a hospital license must seek and use its best | ||
efforts to maintain certification under Titles XVIII and | ||
XIX of the federal Social Security Act. | ||
The Department may issue a provisional license to any
| ||
alternative health care model that does not substantially | ||
comply with the
provisions of this Act and the rules adopted | ||
under this Act if (i)
the Department finds that the alternative | ||
health care model has undertaken
changes and corrections which | ||
upon completion will render the alternative
health care model | ||
in substantial compliance with this Act and rules and
(ii) the | ||
health and safety of the patients of the alternative
health | ||
care model will be protected during the period for which the | ||
provisional
license is issued. The Department shall advise the | ||
licensee of
the conditions under which the provisional license | ||
is issued, including
the manner in which the alternative health | ||
care model fails to comply with
the provisions of this Act and |
rules, and the time within which the changes
and corrections | ||
necessary for the alternative health care model to
| ||
substantially comply with this Act and rules shall be | ||
completed.
| ||
(d) Alternative health care models shall seek | ||
certification under Titles
XVIII and XIX of the federal Social | ||
Security Act. In addition, alternative
health care models shall | ||
provide charitable care consistent with that provided
by | ||
comparable health care providers in the geographic area.
| ||
(d-5) (Blank).
| ||
(e) Alternative health care models shall, to the extent | ||
possible,
link and integrate their services with nearby health | ||
care facilities.
| ||
(f) Each alternative health care model shall implement a | ||
quality
assurance program with measurable benefits and at | ||
reasonable cost.
| ||
(Source: P.A. 97-135, eff. 7-14-11; 97-333, eff. 8-12-11; | ||
97-813, eff. 7-13-12; 98-629, eff. 1-1-15; 98-756, eff. | ||
7-16-14; revised 10-3-14.)
| ||
Section 225. The Nursing Home Care Act is amended by | ||
changing Sections 1-125.1 and 3-206.01 as follows:
| ||
(210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)
| ||
Sec. 1-125.1.
"Student intern" means any person whose total | ||
term of employment
in any facility during any 12-month period |
is equal to or less than 90 continuous
days, and whose term of | ||
employment : is either,
| ||
(1) is an academic credit requirement in a high school | ||
or undergraduate or graduate institution;
| ||
(2) immediately succeeds a full quarter, semester , or | ||
trimester of academic
enrollment in either a high school or | ||
undergraduate or graduate institution, provided
that such | ||
person is registered for another full quarter, semester , or | ||
trimester
of academic enrollment in either a high school or | ||
undergraduate or graduate institution ,
which quarter, | ||
semester , or trimester will commence immediately following
| ||
the term of employment; or
| ||
(3) immediately succeeds graduation from the high | ||
school or undergraduate or graduate institution. | ||
(Source: P.A. 98-121, eff. 7-30-13; revised 11-25-14.)
| ||
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
| ||
Sec. 3-206.01. Health care worker registry.
| ||
(a) The Department shall establish and maintain a registry | ||
of all
individuals who (i) have satisfactorily completed the | ||
training required
by Section 3-206, (ii) have begun a current | ||
course of training as set forth in Section 3-206, or (iii) are | ||
otherwise acting as a nursing assistant, habilitation aide, | ||
home health aide, psychiatric services rehabilitation aide, or | ||
child care aide. The registry shall include the individual's | ||
name, his or her
current address, Social Security number, and |
the date and location of
the training course completed by the | ||
individual, and whether the individual has any of the | ||
disqualifying convictions listed in Section 25 of the Health | ||
Care Worker Background Check Act from the date of the
| ||
individual's last criminal records check. Any individual | ||
placed on the
registry is required to inform the Department of | ||
any change of address
within 30 days. A facility shall not | ||
employ an individual as a nursing
assistant, habilitation aide, | ||
home health aide, psychiatric services rehabilitation aide, or | ||
child care aide, or newly hired as an individual who may have | ||
access to a resident, a resident's living quarters, or a | ||
resident's personal, financial, or medical records,
unless the | ||
facility has inquired of the Department's health care worker | ||
registry as to information in the
registry concerning the | ||
individual. The facility shall not employ an individual as a | ||
nursing assistant, habilitation aide, or child care aide if | ||
that individual is not on the
registry unless the individual is | ||
enrolled in a training program under
paragraph (5) of | ||
subsection (a) of Section 3-206 of this Act.
| ||
If the Department finds that a nursing assistant, | ||
habilitation aide, home health aide, psychiatric services | ||
rehabilitation aide, or
child care aide, or an unlicensed | ||
individual, has abused or neglected a resident or an individual | ||
under his or her care or misappropriated
property of a resident | ||
or an individual under his or her care, the Department shall | ||
notify the individual of
this finding by certified mail sent to |
the address contained in the registry. The notice shall give | ||
the individual an opportunity to contest the finding in a
| ||
hearing before the Department or to submit a written response | ||
to the findings
in lieu of requesting a hearing. If, after a | ||
hearing or if the individual does
not request a hearing, the | ||
Department finds that the individual abused a
resident, | ||
neglected a resident, or misappropriated resident property in a
| ||
facility, the finding shall be included as part of the registry | ||
as well as a clear and accurate summary
from the individual, if | ||
he or she chooses to make such a
statement. The Department | ||
shall make the following information in the registry available | ||
to
the public: an individual's full name; the date an | ||
individual successfully completed a nurse aide training or | ||
competency evaluation; and whether the Department has made a | ||
finding that an individual has been guilty of abuse or neglect | ||
of a resident or misappropriation of resident property. In the | ||
case of inquiries to the registry concerning an individual
| ||
listed in the registry, any information disclosed concerning | ||
such a finding
shall also include disclosure of the | ||
individual's statement in the registry relating to the
finding | ||
or a clear and accurate summary of the statement.
| ||
(b) The Department shall add to the health care worker | ||
registry records
of findings as reported by the Inspector | ||
General or remove from
the health care worker registry records | ||
of findings as reported by the
Department of Human Services, | ||
under subsection (s) (g-5) of Section 1-17 of the Department of |
Human Services Act.
| ||
(Source: P.A. 95-545, eff. 8-28-07; 96-1372, eff. 7-29-10; | ||
revised 12-10-14.)
| ||
Section 230. The ID/DD Community Care Act is amended by | ||
changing Section 3-206.01 as follows: | ||
(210 ILCS 47/3-206.01)
| ||
Sec. 3-206.01. Health care worker registry. | ||
(a) The Department shall establish and maintain a registry | ||
of all individuals who (i) have satisfactorily completed the | ||
training required by Section 3-206, (ii) have begun a current | ||
course of training as set forth in Section 3-206, or (iii) are | ||
otherwise acting as a nursing assistant, habilitation aide, | ||
home health aide, or child care aide. The registry shall | ||
include the individual's name, his or her current address, | ||
Social Security number, and whether the individual has any of | ||
the disqualifying convictions listed in Section 25 of the | ||
Health Care Worker Background Check Act from the date and | ||
location of the training course completed by the individual, | ||
and the date of the individual's last criminal records check. | ||
Any individual placed on the registry is required to inform the | ||
Department of any change of address within 30 days. A facility | ||
shall not employ an individual as a nursing assistant, | ||
habilitation aide, home health aide, or child care aide, or | ||
newly hired as an individual who may have access to a resident, |
a resident's living quarters, or a resident's personal, | ||
financial, or medical records, unless the facility has inquired | ||
of the Department's health care worker registry as to | ||
information in the registry concerning the individual. The | ||
facility shall not employ an individual as a nursing assistant, | ||
habilitation aide, or child care aide if that individual is not | ||
on the registry unless the individual is enrolled in a training | ||
program under paragraph (5) of subsection (a) of Section 3-206 | ||
of this Act. | ||
If the Department finds that a nursing assistant, | ||
habilitation aide, home health aide, child care aide, or an | ||
unlicensed individual, has abused or neglected a resident or an | ||
individual under his or her care, or misappropriated property | ||
of a resident or an individual under his or her care in a | ||
facility, the Department shall notify the individual of this | ||
finding by certified mail sent to the address contained in the | ||
registry. The notice shall give the individual an opportunity | ||
to contest the finding in a hearing before the Department or to | ||
submit a written response to the findings in lieu of requesting | ||
a hearing. If, after a hearing or if the individual does not | ||
request a hearing, the Department finds that the individual | ||
abused a resident, neglected a resident, or misappropriated | ||
resident property in a facility, the finding shall be included | ||
as part of the registry as well as a clear and accurate summary | ||
statement from the individual, if he or she chooses to make | ||
such a statement. The Department shall make the following |
information in the registry available to the public: an | ||
individual's full name; the date an individual successfully | ||
completed a nurse aide training or competency evaluation; and | ||
whether the Department has made a finding that an individual | ||
has been guilty of abuse or neglect of a resident or | ||
misappropriation of resident's property. In the case of | ||
inquiries to the registry concerning an individual listed in | ||
the registry, any information disclosed concerning such a | ||
finding shall also include disclosure of the individual's | ||
statement in the registry relating to the finding or a clear | ||
and accurate summary of the statement. | ||
(b) The Department shall add to the health care worker | ||
registry records of findings as reported by the Inspector | ||
General or remove from the health care worker registry records | ||
of findings as reported by the Department of Human Services, | ||
under subsection (s) (g-5) of Section 1-17 of
the Department of | ||
Human Services Act.
| ||
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; revised | ||
12-10-14.) | ||
Section 235. The Specialized Mental Health Rehabilitation | ||
Act of 2013 is amended by changing Section 1-101.6 as follows: | ||
(210 ILCS 49/1-101.6)
| ||
(Section scheduled to be repealed on July 1, 2016) | ||
Sec. 1-101.6. Mental health system planning. The General |
Assembly finds the services contained in this Act are necessary | ||
for the effective delivery of mental health services for the | ||
citizens of the State of Illinois. | ||
The General Assembly also finds that the mental health and | ||
substance use system in the State requires further review to | ||
develop additional needed services. | ||
To ensure the adequacy of community-based services and to | ||
offer choice to all individuals with serious mental illness and | ||
substance use disorders or conditions who choose to live in the | ||
community, and for whom the community is the appropriate | ||
setting, but are at risk of institutional care, the Governor's | ||
Office of Health Innovation and Transformation shall oversee a | ||
process for (i) identifying needed services in the different | ||
geographic regions in the State and (ii) identifying the | ||
financing strategies for developing those needed services. | ||
The process shall address or examine the need and financing | ||
strategies for the following: | ||
(1) Network adequacy in all 102 counties of the State | ||
for: (i) health homes authorized under Section 2703 of the | ||
federal Patient Protection and Affordable Care Act; (ii) | ||
systems of care for children; (iii) care coordination; and | ||
(iv) access to a full continuum of quality care, treatment, | ||
services, and supports for persons with serious emotional | ||
disturbance, serious mental illness, or substance use | ||
disorder. | ||
(2) Workforce development for the workforce of |
community providers of care, treatment, services, and | ||
supports for persons with mental health and substance use | ||
disorders and conditions. | ||
(3) Information technology to manage the delivery of | ||
integrated services for persons with mental health and | ||
substance use disorders and medical conditions. | ||
(4) The needed continuum of statewide community health | ||
care, treatment, services, and supports for persons with | ||
mental health and substance use disorders and conditions. | ||
(5) Reducing health care disparities in access to a | ||
continuum of care, care coordination, and engagement in | ||
networks. | ||
The Governor's Office of Health Innovation and | ||
Transformation shall include the Division of Alcoholism and | ||
Substance Abuse and the Division of Mental Health in the | ||
Department of Human Services, the Department of Healthcare and | ||
Family Services, the Department of Public Health, community | ||
mental health and substance use providers, statewide | ||
associations of mental health and substance use providers, | ||
mental health and substance use advocacy groups, and any other | ||
entity as deemed appropriate for participation in the process | ||
of identifying needed services and financing strategies as | ||
described in this Section. | ||
The Office of Health Innovation and Transformation shall | ||
report its findings and recommendations to the General Assembly | ||
by July 1, 2015. |
This Section is repealed on July 1, 2016.
| ||
Before September 1, 2014, the State shall develop and | ||
implement a service authorization system available 24 hours a | ||
day, 7 days a week for approval of services in the following 3 | ||
levels of care under this Act: crisis stabilization; recovery | ||
and rehabilitation supports; and transitional living units. | ||
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||
98-878, eff. 8-11-14; revised 10-2-14.) | ||
Section 240. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Sections 3.87 and 3.210 as follows: | ||
(210 ILCS 50/3.87) | ||
Sec. 3.87. Ambulance service provider and vehicle service | ||
provider upgrades; rural population. | ||
(a) In this Section, "rural ambulance service provider" | ||
means an ambulance service provider licensed under this Act | ||
that serves a rural population of 7,500 or fewer inhabitants. | ||
In this Section, "rural vehicle service provider" means an | ||
entity that serves a rural population of 7,500 or fewer | ||
inhabitants and is licensed by the Department to provide | ||
emergency or non-emergency medical services in compliance with | ||
this Act, the rules adopted by the Department pursuant to this | ||
Act, and an operational plan approved by the entity's EMS | ||
System, utilizing at least an ambulance, alternate response | ||
vehicle as defined by the Department in rules, or specialized |
emergency medical services vehicle. | ||
(b) A rural ambulance service provider or rural vehicle | ||
service provider may submit a proposal to the EMS System | ||
Medical Director requesting approval of either or both of the | ||
following: | ||
(1) Rural ambulance service provider or rural vehicle | ||
service provider in-field service level upgrade. | ||
(A) An ambulance operated by a rural ambulance | ||
service provider or a specialized emergency medical | ||
services vehicle or alternate response vehicle | ||
operated by a rural vehicle service provider may be | ||
upgraded, as defined by the EMS System Medical Director | ||
in a policy or procedure, as long as the EMS System | ||
Medical Director and the Department have approved the | ||
proposal, to the highest level of EMT license (advanced | ||
life support/paramedic, intermediate life support, or | ||
basic life support) or Pre-Hospital RN certification | ||
held by any person staffing that ambulance, | ||
specialized emergency medical services vehicle, or | ||
alternate response vehicle. The ambulance service | ||
provider's or rural vehicle service provider's | ||
proposal for an upgrade must include all of the | ||
following: | ||
(i) The manner in which the provider will | ||
secure and store advanced life support equipment, | ||
supplies, and medications. |
(ii) The type of quality assurance the | ||
provider will perform. | ||
(iii) An assurance that the provider will | ||
advertise only the level of care that can be | ||
provided 24 hours a day. | ||
(iv) A statement that the provider will have | ||
that vehicle inspected by the Department annually. | ||
(B) If a rural ambulance service provider or rural | ||
vehicle service provider is approved to provide an | ||
in-field service level upgrade based on the licensed | ||
personnel on the vehicle, all the advanced life support | ||
medical supplies, durable medical equipment, and | ||
medications must be environmentally controlled, | ||
secured, and locked with access by only the personnel | ||
who have been authorized by the EMS System Medical | ||
Director to utilize those supplies. | ||
(C) The EMS System shall routinely perform quality | ||
assurance, in compliance with the EMS System's quality | ||
assurance plan approved by the Department, on in-field | ||
service level upgrades authorized under this Section | ||
to ensure compliance with the EMS System plan. | ||
(2) Rural ambulance service provider or rural vehicle | ||
service provider in-field service level upgrade. The EMS | ||
System Medical Director may define what constitutes an | ||
in-field service level upgrade through an EMS System policy | ||
or procedure.
An in-field service level upgrade may |
include, but need not be limited to, an upgrade to a | ||
licensed ambulance, alternate response vehicle, or | ||
specialized emergency medical services vehicle. | ||
(c) If the EMS System Medical Director approves a proposal | ||
for a rural in-field service level upgrade under this Section, | ||
he or she shall submit the proposal to the Department along | ||
with a statement of approval signed by him or her. Once the | ||
Department has approved the proposal, the rural ambulance | ||
service provider or rural vehicle service provider will be | ||
authorized to function at the highest level of EMT license | ||
(advanced life support/paramedic, intermediate life support, | ||
or basic life support) or Pre-Hospital RN certification held by | ||
any person staffing the vehicle.
| ||
(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15; | ||
98-881, eff. 8-13-14; revised 10-1-14.)
| ||
(210 ILCS 50/3.210)
| ||
Sec. 3.210. EMS Medical Consultant. If the Chief of the | ||
Department's Division of Emergency
Medical Services and | ||
Highway Safety is not a physician
licensed to practice medicine | ||
in all of its branches, with
extensive emergency medical | ||
services experience, and
certified by the American Board of | ||
Emergency Medicine or the Osteopathic
American Osteopathic | ||
Board of Emergency Medicine, then the
Director shall appoint | ||
such a physician to serve as EMS
Medical Consultant to the | ||
Division Chief.
|
(Source: P.A. 98-973, eff. 8-15-14; revised 11-25-14.)
| ||
Section 245. The Health Maintenance Organization Act is | ||
amended by changing Section 1-2 as follows:
| ||
(215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
| ||
Sec. 1-2. Definitions. As used in this Act, unless the | ||
context otherwise
requires, the following terms shall have the | ||
meanings ascribed to them:
| ||
(1) "Advertisement" means any printed or published | ||
material,
audiovisual material and descriptive literature of | ||
the health care plan
used in direct mail, newspapers, | ||
magazines, radio scripts, television
scripts, billboards and | ||
similar displays; and any descriptive literature or
sales aids | ||
of all kinds disseminated by a representative of the health | ||
care
plan for presentation to the public including, but not | ||
limited to, circulars,
leaflets, booklets, depictions, | ||
illustrations, form letters and prepared
sales presentations.
| ||
(2) "Director" means the Director of Insurance.
| ||
(3) "Basic health care services" means emergency care, and | ||
inpatient
hospital and physician care, outpatient medical | ||
services, mental
health services and care for alcohol and drug | ||
abuse, including any
reasonable deductibles and co-payments, | ||
all of which are subject to the
limitations described in | ||
Section 4-20 of this Act and as determined by the Director | ||
pursuant to rule.
|
(4) "Enrollee" means an individual who has been enrolled in | ||
a health
care plan.
| ||
(5) "Evidence of coverage" means any certificate, | ||
agreement,
or contract issued to an enrollee setting out the | ||
coverage to which he is
entitled in exchange for a per capita | ||
prepaid sum.
| ||
(6) "Group contract" means a contract for health care | ||
services which
by its terms limits eligibility to members of a | ||
specified group.
| ||
(7) "Health care plan" means any arrangement whereby any | ||
organization
undertakes to provide or arrange for and pay for | ||
or reimburse the
cost of basic health care services, excluding | ||
any reasonable deductibles and copayments, from providers | ||
selected by
the Health Maintenance Organization and such | ||
arrangement
consists of arranging for or the provision of such | ||
health care services, as
distinguished from mere | ||
indemnification against the cost of such services,
except as | ||
otherwise authorized by Section 2-3 of this Act,
on a per | ||
capita prepaid basis, through insurance or otherwise. A "health
| ||
care plan" also includes any arrangement whereby an | ||
organization undertakes to
provide or arrange for or pay for or | ||
reimburse the cost of any health care
service for persons who | ||
are enrolled under Article V of the Illinois Public Aid
Code or | ||
under the Children's Health Insurance Program Act through
| ||
providers selected by the organization and the arrangement | ||
consists of making
provision for the delivery of health care |
services, as distinguished from mere
indemnification. A | ||
"health care plan" also includes any arrangement pursuant
to | ||
Section 4-17. Nothing in this definition, however, affects the | ||
total
medical services available to persons eligible for | ||
medical assistance under the
Illinois Public Aid Code.
| ||
(8) "Health care services" means any services included in | ||
the furnishing
to any individual of medical or dental care, or | ||
the hospitalization or
incident to the furnishing of such care | ||
or hospitalization as well as the
furnishing to any person of | ||
any and all other services for the purpose of
preventing, | ||
alleviating, curing or healing human illness or injury.
| ||
(9) "Health Maintenance Organization" means any | ||
organization formed
under the laws of this or another state to | ||
provide or arrange for one or
more health care plans under a | ||
system which causes any part of the risk of
health care | ||
delivery to be borne by the organization or its providers.
| ||
(10) "Net worth" means admitted assets, as defined in | ||
Section 1-3 of
this Act, minus liabilities.
| ||
(11) "Organization" means any insurance company, a | ||
nonprofit
corporation authorized under the Dental
Service Plan | ||
Act or the Voluntary
Health Services Plans Act,
or a | ||
corporation organized under the laws of this or another state | ||
for the
purpose of operating one or more health care plans and | ||
doing no business other
than that of a Health Maintenance | ||
Organization or an insurance company.
"Organization" shall | ||
also mean the University of Illinois Hospital as
defined in the |
University of Illinois Hospital Act or a unit of local | ||
government health system operating within a county with a | ||
population of 3,000,000 or more.
| ||
(12) "Provider" means any physician, hospital facility,
| ||
facility licensed under the Nursing Home Care Act, or facility | ||
or long-term care facility as those terms are defined in the | ||
Nursing Home Care Act or other person which is licensed or | ||
otherwise authorized
to furnish health care services and also | ||
includes any other entity that
arranges for the delivery or | ||
furnishing of health care service.
| ||
(13) "Producer" means a person directly or indirectly | ||
associated with a
health care plan who engages in solicitation | ||
or enrollment.
| ||
(14) "Per capita prepaid" means a basis of prepayment by | ||
which a fixed
amount of money is prepaid per individual or any | ||
other enrollment unit to
the Health Maintenance Organization or | ||
for health care services which are
provided during a definite | ||
time period regardless of the frequency or
extent of the | ||
services rendered
by the Health Maintenance Organization, | ||
except for copayments and deductibles
and except as provided in | ||
subsection (f) of Section 5-3 of this Act.
| ||
(15) "Subscriber" means a person who has entered into a | ||
contractual
relationship with the Health Maintenance | ||
Organization for the provision of
or arrangement of at least | ||
basic health care services to the beneficiaries
of such | ||
contract.
|
(Source: P.A. 97-1148, eff. 1-24-13; 98-651, eff. 6-16-14; | ||
98-841, eff. 8-1-14; revised 10-24-14.)
| ||
Section 250. The Managed Care Reform and Patient Rights Act | ||
is amended by changing Section 10 as follows:
| ||
(215 ILCS 134/10)
| ||
Sec. 10. Definitions . :
| ||
"Adverse determination" means a determination by a health | ||
care plan under
Section 45 or by a utilization review program | ||
under Section
85 that
a health care service is not medically | ||
necessary.
| ||
"Clinical peer" means a health care professional who is in | ||
the same
profession and the same or similar specialty as the | ||
health care provider who
typically manages the medical | ||
condition, procedures, or treatment under
review.
| ||
"Department" means the Department of Insurance.
| ||
"Emergency medical condition" means a medical condition | ||
manifesting itself by
acute symptoms of sufficient severity | ||
(including, but not limited to, severe
pain) such that a | ||
prudent
layperson, who possesses an average knowledge of health | ||
and medicine, could
reasonably expect the absence of immediate | ||
medical attention to result in:
| ||
(1) placing the health of the individual (or, with | ||
respect to a pregnant
woman, the
health of the woman or her | ||
unborn child) in serious jeopardy;
|
(2) serious
impairment to bodily functions; or
| ||
(3) serious dysfunction of any bodily organ
or part.
| ||
"Emergency medical screening examination" means a medical | ||
screening
examination and
evaluation by a physician licensed to | ||
practice medicine in all its branches, or
to the extent | ||
permitted
by applicable laws, by other appropriately licensed | ||
personnel under the
supervision of or in
collaboration with a | ||
physician licensed to practice medicine in all its
branches to | ||
determine whether
the need for emergency services exists.
| ||
"Emergency services" means, with respect to an enrollee of | ||
a health care
plan,
transportation services, including but not | ||
limited to ambulance services, and
covered inpatient and | ||
outpatient hospital services
furnished by a provider
qualified | ||
to furnish those services that are needed to evaluate or | ||
stabilize an
emergency medical condition. "Emergency services" | ||
does not
refer to post-stabilization medical services.
| ||
"Enrollee" means any person and his or her dependents | ||
enrolled in or covered
by a health care plan.
| ||
"Health care plan" means a plan, including, but not limited | ||
to, a health maintenance organization, a managed care community | ||
network as defined in the Illinois Public Aid Code, or an | ||
accountable care entity as defined in the Illinois Public Aid | ||
Code that receives capitated payments to cover medical services | ||
from the Department of Healthcare and Family Services, that | ||
establishes, operates, or maintains a
network of health care | ||
providers that has entered into an agreement with the
plan to |
provide health care services to enrollees to whom the plan has | ||
the
ultimate obligation to arrange for the provision of or | ||
payment for services
through organizational arrangements for | ||
ongoing quality assurance,
utilization review programs, or | ||
dispute resolution.
Nothing in this definition shall be | ||
construed to mean that an independent
practice association or a | ||
physician hospital organization that subcontracts
with
a | ||
health care plan is, for purposes of that subcontract, a health | ||
care plan.
| ||
For purposes of this definition, "health care plan" shall | ||
not include the
following:
| ||
(1) indemnity health insurance policies including | ||
those using a contracted
provider network;
| ||
(2) health care plans that offer only dental or only | ||
vision coverage;
| ||
(3) preferred provider administrators, as defined in | ||
Section 370g(g) of
the
Illinois Insurance Code;
| ||
(4) employee or employer self-insured health benefit | ||
plans under the
federal Employee Retirement Income | ||
Security Act of 1974;
| ||
(5) health care provided pursuant to the Workers' | ||
Compensation Act or the
Workers' Occupational Diseases | ||
Act; and
| ||
(6) not-for-profit voluntary health services plans | ||
with health maintenance
organization
authority in | ||
existence as of January 1, 1999 that are affiliated with a |
union
and that
only extend coverage to union members and | ||
their dependents.
| ||
"Health care professional" means a physician, a registered | ||
professional
nurse,
or other individual appropriately licensed | ||
or registered
to provide health care services.
| ||
"Health care provider" means any physician, hospital | ||
facility, facility licensed under the Nursing Home Care Act, | ||
long-term care facility as defined in Section 1-113 of the | ||
Nursing Home Care Act, or other
person that is licensed or | ||
otherwise authorized to deliver health care
services. Nothing | ||
in this
Act shall be construed to define Independent Practice | ||
Associations or
Physician-Hospital Organizations as health | ||
care providers.
| ||
"Health care services" means any services included in the | ||
furnishing to any
individual of medical care, or the
| ||
hospitalization incident to the furnishing of such care, as | ||
well as the
furnishing to any person of
any and all other | ||
services for the purpose of preventing,
alleviating, curing, or | ||
healing human illness or injury including home health
and | ||
pharmaceutical services and products.
| ||
"Medical director" means a physician licensed in any state | ||
to practice
medicine in all its
branches appointed by a health | ||
care plan.
| ||
"Person" means a corporation, association, partnership,
| ||
limited liability company, sole proprietorship, or any other | ||
legal entity.
|
"Physician" means a person licensed under the Medical
| ||
Practice Act of 1987.
| ||
"Post-stabilization medical services" means health care | ||
services
provided to an enrollee that are furnished in a | ||
licensed hospital by a provider
that is qualified to furnish | ||
such services, and determined to be medically
necessary and | ||
directly related to the emergency medical condition following
| ||
stabilization.
| ||
"Stabilization" means, with respect to an emergency | ||
medical condition, to
provide such medical treatment of the | ||
condition as may be necessary to assure,
within reasonable | ||
medical probability, that no material deterioration
of the | ||
condition is likely to result.
| ||
"Utilization review" means the evaluation of the medical | ||
necessity,
appropriateness, and efficiency of the use of health | ||
care services, procedures,
and facilities.
| ||
"Utilization review program" means a program established | ||
by a person to
perform utilization review.
| ||
(Source: P.A. 98-651, eff. 6-16-14; 98-841, eff. 8-1-14; | ||
revised 10-24-14.)
| ||
Section 255. The Service Contract Act is amended by | ||
changing Section 45 as follows:
| ||
(215 ILCS 152/45)
| ||
Sec. 45. Record keeping requirements.
|
(a) The service contract provider shall keep accurate | ||
accounts, books, and
records
concerning transactions regulated | ||
under this Act.
| ||
(b) The service contract provider's accounts, books, and | ||
records shall
include the
following:
| ||
(1) copies of each type of service contract sold;
| ||
(2) the name and address of each service contract | ||
holder, to the extent extend
that
the name and address has | ||
been furnished by the service contract holder;
| ||
(3) a list of the locations where service contracts are | ||
marketed, sold, or
offered
for sale; and
| ||
(4) written claims files which shall contain at least | ||
the date and
description of
claims related to the service | ||
contracts.
| ||
(c) Except as provided in subsection (e) of this Section, | ||
the service
contract provider
shall retain all
records required | ||
to be maintained by Section 45 for at least 3 years after
the
| ||
specified period of coverage has expired.
| ||
(d) The records required under this Act may be, but are not | ||
required to
be,
maintained on a computer disk or other record | ||
keeping technology. If the
records are maintained in other than | ||
hard copy, the records shall be capable of
duplication to | ||
legible hard copy at the request of the Director.
| ||
(e) A service contract provider discontinuing business in | ||
this State shall
maintain its records
until it furnishes the | ||
Director satisfactory proof that it has discharged all
|
obligations to service
contract holders in this State.
| ||
(Source: P.A. 90-711, eff. 8-7-98; revised 11-25-14.)
| ||
Section 260. The Child Care Act of 1969 is amended by | ||
changing Sections 2.04 and 2.17 as follows:
| ||
(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
| ||
Sec. 2.04.
"Related" means any of the following | ||
relationships by
blood, marriage, civil union, or adoption: | ||
parent, grandparent, great-grandparent, great-uncle,
| ||
great-aunt, brother, sister,
stepgrandparent, stepparent, | ||
stepbrother, stepsister, uncle, aunt, nephew, niece, fictive | ||
kin as defined in Section 7 of the Children and Family Services | ||
Act, or
first cousin or second cousin. A person is related to a | ||
child as a first cousin or a second cousin if they are both | ||
related to the same ancestor as either grandchild or | ||
great-grandchild. A child whose parent has executed a consent, | ||
a surrender, or a waiver pursuant to Section 10 of the Adoption | ||
Act, whose parent has signed a denial of paternity pursuant to | ||
Section 12 of the Vital Records Act or Section 12a of the | ||
Adoption Act, or whose parent has had his or her parental | ||
rights terminated is not a related child to that person, unless | ||
(1) the consent is determined to be void or is void pursuant to | ||
subsection O of Section 10 of the Adoption Act; or (2) the | ||
parent of the child executed a consent to adoption by a | ||
specified person or persons pursuant to subsection A-1 of |
Section 10 of the Adoption Act and a court finds that the | ||
consent is void; or (3) the order terminating the parental | ||
rights of the parent is vacated by a court of competent | ||
jurisdiction.
| ||
(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised | ||
10-2-14.)
| ||
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| ||
Sec. 2.17.
"Foster family home" means a facility for child | ||
care in
residences of families who receive no more than 8 | ||
children unrelated to them,
unless all the children are of | ||
common parentage, or residences of relatives who
receive no | ||
more than 8 related children placed by the Department, unless | ||
the
children are of common parentage, for the purpose of | ||
providing family care and
training for the children on a | ||
full-time basis, except the Director of Children
and Family | ||
Services, pursuant to Department regulations, may waive the | ||
limit of
8 children unrelated to an adoptive family for good | ||
cause and only to
facilitate an adoptive placement. The | ||
family's or relative's own children,
under 18 years of age, | ||
shall be included in determining the
maximum number of children | ||
served. For purposes of this Section, a "relative"
includes any | ||
person, 21 years of age or over, other than the parent, who (i) | ||
is
currently related to the child in any of the following ways | ||
by blood or
adoption: grandparent, sibling, great-grandparent, | ||
uncle, aunt, nephew, niece,
first cousin, great-uncle, or |
great-aunt; or (ii) is the spouse of such a
relative; or (iii) | ||
is a child's step-father, step-mother, or adult step-brother
or | ||
step-sister; or (iv) is a fictive kin; "relative" also includes | ||
a person related in any of the
foregoing ways to a sibling of a | ||
child, even though the person is not related
to the child, when | ||
the child and its sibling are placed together with that
person. | ||
For purposes of placement of children pursuant to Section 7 of | ||
the Children and Family Services Act and for purposes of | ||
licensing requirements set forth in Section 4 of this Act, for | ||
children under the custody or guardianship of the Department | ||
pursuant to the Juvenile Court Act of 1987, after a parent | ||
signs a consent, surrender, or waiver or after a parent's | ||
rights are otherwise terminated, and while the child remains in | ||
the custody or guardianship of the Department, the child is | ||
considered to be related to those to whom the child was related | ||
under this Section prior to the signing of the consent, | ||
surrender, or waiver or the order of termination of parental | ||
rights. The term "foster family home" includes homes receiving | ||
children from
any State-operated institution for child care; or | ||
from any agency established
by a municipality or other | ||
political subdivision of the State of Illinois
authorized to | ||
provide care for children outside their own homes. The term
| ||
"foster family home" does not include an "adoption-only home" | ||
as defined in
Section 2.23 of this Act. The types of
foster | ||
family homes are defined as follows:
| ||
(a) "Boarding home" means a foster family home which |
receives payment
for regular full-time care of a child or | ||
children.
| ||
(b) "Free home" means a foster family home other than | ||
an adoptive home
which does not receive payments for the | ||
care of a child or children.
| ||
(c) "Adoptive home" means a foster family home which | ||
receives a child or
children for the purpose of adopting | ||
the child or children.
| ||
(d) "Work-wage home" means a foster family home which | ||
receives a child
or children who pay part or all of their | ||
board by rendering some services
to the family not | ||
prohibited by the Child Labor Law or by standards or
| ||
regulations of the Department prescribed under this Act. | ||
The child or
children may receive a wage in connection with | ||
the services rendered the
foster family.
| ||
(e) "Agency-supervised home" means a foster family | ||
home under the direct
and regular supervision of a licensed | ||
child welfare agency, of the
Department of Children and | ||
Family Services, of a circuit court, or of any
other State | ||
agency which has authority to place children in child care
| ||
facilities, and which receives no more than 8 children, | ||
unless of common
parentage, who are placed and are | ||
regularly supervised by one of the
specified agencies.
| ||
(f) "Independent home" means a foster family home, | ||
other than an
adoptive home, which receives no more than 4 | ||
children, unless of common
parentage, directly from |
parents, or other legally responsible persons, by
| ||
independent arrangement and which is not subject to direct | ||
and regular
supervision of a specified agency except as | ||
such supervision pertains to
licensing by the Department.
| ||
(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised | ||
10-2-14.)
| ||
Section 265. The Health Care Worker Background Check Act is | ||
amended by changing Section 70 as follows: | ||
(225 ILCS 46/70) | ||
Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||
grant; Voluntary FBI Fingerprint Demonstration Project. | ||
(a) The General Assembly authorizes the establishment of | ||
the Voluntary FBI Fingerprint Demonstration Project | ||
(Demonstration Project), which shall be consistent with the | ||
provisions of the Centers for Medicare and Medicaid Services | ||
grant awarded to and distributed by the Department of Public | ||
Health pursuant to Title VI, Subtitle B, Part III, Subtitle C, | ||
Section 6201 of the Affordable Care Act of 2010. The | ||
Demonstration Project is authorized to operate for the period | ||
of January 1, 2014 through December 31, 2014 and shall operate | ||
until the conclusion of this grant period or until the | ||
long-term care facility terminates its participation in the | ||
Demonstration Project, whichever occurs sooner. | ||
(b) The Long-Term Care Facility Advisory Board established |
under the Nursing Home Care Act shall act in an advisory | ||
capacity to the Demonstration Project. | ||
(c) Long-term care facilities voluntarily participating in | ||
the Demonstration Project shall, in addition to the provisions | ||
of this Section, comply with all requirements set forth in this | ||
Act. When conflict between the Act and the provisions of this | ||
Section occurs, the provisions of this Section shall supersede | ||
until the conclusion of the grant period or until the long-term | ||
care facility terminates its participation in the | ||
Demonstration Project, whichever occurs sooner. | ||
(d) The Department of Public Health shall select at least | ||
one facility in the State to participate in the Demonstration | ||
Project. | ||
(e) For the purposes of determining who shall be required | ||
to undergo a State and an FBI fingerprint-based criminal | ||
history records check under the Demonstration Project, "direct | ||
access employee" means any individual who has access to a | ||
patient or resident of a long-term care facility or provider | ||
through employment or through a contract with a long-term care | ||
facility or provider and has duties that involve or may involve | ||
one-on-one contact with a resident of the facility or provider, | ||
as determined by the State for purposes of the Demonstration | ||
Project. | ||
(f) All long-term care facilities licensed under the | ||
Nursing Home Care Act are qualified to volunteer for the | ||
Demonstration Project. |
(g) The Department of Public Health shall notify qualified | ||
long-term care facilities within 30 days after the effective | ||
date of this amendatory Act of the 98th General Assembly of the | ||
opportunity to volunteer for the Demonstration Project. The | ||
notice shall include information concerning application | ||
procedures and deadlines, termination rights, requirements for | ||
participation, the selection process, and a | ||
question-and-answer document addressing potential conflicts | ||
between this Act and the provisions of this Section. | ||
(h) Qualified long-term care facilities shall be given a | ||
minimum of 30 days after the date of receiving the notice to | ||
inform the Department of Public Health, in the form and manner | ||
prescribed by the Department of Public Health, of their | ||
interest in volunteering for the Demonstration Project. | ||
Facilities selected for the Demonstration Project shall be | ||
notified, within 30 days after the date of application, of the | ||
effective date that their participation in the Demonstration | ||
Project will begin, which may vary. | ||
(i) The individual applicant shall be responsible for the | ||
cost of each individual fingerprint inquiry, which may be | ||
offset with grant funds, if available. Community-Integrated | ||
(j) Each applicant seeking employment in a position | ||
described in subsection (e) of this Section with a selected | ||
health care employer shall, as a condition of employment, have | ||
his or her fingerprints submitted to the Department of State | ||
Police in an electronic format that complies with the form and |
manner for requesting and furnishing criminal history record | ||
information by the Department of State Police and the Federal | ||
Bureau of Investigation criminal history record databases now | ||
and hereafter filed. The Department of State Police shall | ||
forward the fingerprints to the Federal Bureau of Investigation | ||
for a national criminal history records check. The Department | ||
of State Police shall charge a fee for conducting the criminal | ||
history records check, which shall not exceed the actual cost | ||
of the records check and shall be deposited into the State | ||
Police Services Fund. The Department of State Police shall | ||
furnish, pursuant to positive identification, records of | ||
Illinois convictions to the Department of Public Health. | ||
(k) A fingerprint-based criminal history records check | ||
submitted in accordance with subsection (j) of this Section | ||
shall be submitted as a fee applicant inquiry in the form and | ||
manner prescribed by the Department of State Police.
| ||
(l) A long-term care facility may terminate its | ||
participation in the Demonstration Project without prejudice | ||
by providing the Department of Public Health with notice of its | ||
intent to terminate at least 30 days prior to its voluntary | ||
termination. | ||
(m) This Section shall be inapplicable upon the conclusion | ||
of the CMMS grant period.
| ||
(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14; | ||
revised 10-2-14.) |
Section 270. The Home Medical Equipment and Services | ||
Provider License Act is amended by changing Section 35 as | ||
follows:
| ||
(225 ILCS 51/35)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 35. Qualifications for licensure.
| ||
(a) An entity
is qualified to
receive a license as a home | ||
medical equipment and services
provider if the entity meets | ||
each of the following requirements:
| ||
(1) complies with all applicable federal and State | ||
licensure and
regulatory requirements;
| ||
(2) maintains a physical facility and medical | ||
equipment
inventory. There shall only be one license | ||
permitted at each
address;
| ||
(3) establishes proof of commercial general liability | ||
insurance,
including but not limited to coverage for | ||
products liability and professional
liability;
| ||
(4) establishes and provides records of annual | ||
continuing
education for personnel engaged in the | ||
delivery, maintenance,
repair, cleaning, inventory | ||
control, and financial management of
home medical | ||
equipment and services;
| ||
(5) maintains records on all patients to whom it | ||
provides home medical
equipment and services;
| ||
(6) establishes equipment management and personnel |
policies;
| ||
(7) makes life-sustaining life sustaining home medical | ||
equipment and services available 24
hours per day and
7 | ||
days per week;
| ||
(8) complies with any additional qualifications
for | ||
licensure as determined by rule of the Department.
| ||
(b) The Department may request a personal interview of an | ||
applicant
before the Board to further evaluate the entity's
| ||
qualifications for licensure.
| ||
(Source: P.A. 90-532, eff. 11-14-97; revised 11-25-14.)
| ||
Section 275. The Nurse Practice Act is amended by changing | ||
Section 80-40 as follows: | ||
(225 ILCS 65/80-40) | ||
Sec. 80-40. Licensure by examination. An applicant for | ||
licensure by examination to practice as a licensed medication | ||
aide
must: | ||
(1) submit a completed written application on forms | ||
provided by the Department and fees
as established by the | ||
Department; | ||
(2) be age 18 or older; | ||
(3) have a high school diploma or a high school | ||
equivalency certificate of general education development | ||
(GED) ; | ||
(4) demonstrate the ability able to speak, read, and |
write the English language, as determined by
rule; | ||
(5) demonstrate competency in math, as determined by | ||
rule; | ||
(6) be currently certified in good standing as a | ||
certified nursing assistant and provide
proof of 2,000 | ||
hours of practice as a certified nursing assistant within 3 | ||
years before
application for licensure; | ||
(7) submit to the criminal history records check | ||
required under Section 50-35 of this Act; | ||
(8) have not engaged in conduct or behavior determined | ||
to be grounds for discipline under
this Act; | ||
(9) be currently certified to perform cardiopulmonary | ||
resuscitation by the American Heart
Association or | ||
American Red Cross; | ||
(10) have successfully completed a course of study | ||
approved by the Department as defined
by rule; to be | ||
approved, the program must include a minimum of 60 hours of | ||
classroom-based medication aide education, a minimum of 10 | ||
hours of simulation laboratory study, and
a minimum of 30 | ||
hours of registered nurse-supervised clinical practicum | ||
with progressive responsibility
of patient medication | ||
assistance; | ||
(11) have successfully completed the Medication Aide | ||
Certification Examination or other
examination authorized | ||
by the Department; and | ||
(12) submit proof of employment by a qualifying |
facility.
| ||
(Source: P.A. 98-990, eff. 8-18-14; revised 11-26-14.) | ||
Section 280. The Veterinary Medicine and Surgery Practice | ||
Act of 2004 is amended by changing Section 25 as follows:
| ||
(225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 25. Disciplinary actions.
| ||
1. The Department may refuse to issue or renew, or may | ||
revoke,
suspend, place on probation, reprimand, or take other | ||
disciplinary or non-disciplinary
action as the Department may | ||
deem appropriate, including imposing fines not to
exceed | ||
$10,000 for each violation and the assessment of costs as | ||
provided for in Section 25.3 of this Act, with regard to any
| ||
license or certificate for any one or combination of the | ||
following:
| ||
A. Material misstatement in furnishing information to | ||
the
Department.
| ||
B. Violations of this Act, or of the rules adopted | ||
pursuant to this Act.
| ||
C. Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that is | ||
(i) a felony or (ii) a misdemeanor, an essential element of | ||
which is dishonesty, or that is directly related to the | ||
practice of the profession.
| ||
D. Fraud or any misrepresentation in applying for or | ||
procuring a license under this Act or in connection with | ||
applying for renewal of a license under this Act.
| ||
E. Professional incompetence.
| ||
F. Malpractice.
| ||
G. Aiding or assisting another person in violating any | ||
provision of this
Act or rules.
| ||
H. Failing, within 60 days, to provide information in | ||
response to a
written request made by the Department.
| ||
I. Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
J. Habitual or excessive use or abuse of drugs defined | ||
in law as controlled substances, alcohol, or any other | ||
substance that results in the inability
to practice with | ||
reasonable judgment, skill, or safety.
| ||
K. Discipline by another state, unit of government, | ||
government agency, District of Columbia, territory, or
| ||
foreign nation, if at least one of the grounds for the | ||
discipline is the same
or substantially equivalent to those | ||
set forth herein.
| ||
L. Charging for professional services not rendered, |
including filing false statements for the collection of | ||
fees for which services are not rendered.
| ||
M. A finding by the Board that the licensee or | ||
certificate holder,
after having his license or | ||
certificate placed on probationary status, has
violated | ||
the terms of probation.
| ||
N. Willfully making or filing false records or reports | ||
in his practice,
including but not limited to false records | ||
filed with State agencies or
departments.
| ||
O. Physical illness, including but not limited to, | ||
deterioration through
the aging process, or loss of motor | ||
skill which results in the inability
to practice under this | ||
Act with reasonable judgment, skill, or safety.
| ||
P. Solicitation of professional services other than | ||
permitted
advertising.
| ||
Q. Allowing one's license under this Act to be used by | ||
an unlicensed person in violation of this Act.
| ||
R. Conviction of or cash compromise of a charge or | ||
violation of the
Harrison Act or the Illinois Controlled | ||
Substances Act, regulating narcotics.
| ||
S. Fraud or dishonesty in applying, treating, or | ||
reporting on
tuberculin or other biological tests.
| ||
T. Failing to report, as required by law, or making | ||
false report of any
contagious or infectious diseases.
| ||
U. Fraudulent use or misuse of any health certificate, | ||
shipping
certificate, brand inspection certificate, or |
other blank forms used in
practice that might lead to the | ||
dissemination of disease or the transportation
of diseased | ||
animals dead or alive; or dilatory methods, willful | ||
neglect, or
misrepresentation in the inspection of milk, | ||
meat, poultry, and the by-products
thereof.
| ||
V. Conviction on a charge of cruelty to animals.
| ||
W. Failure to keep one's premises and all equipment | ||
therein in a clean
and sanitary condition.
| ||
X. Failure to provide satisfactory proof of having | ||
participated in
approved continuing education programs.
| ||
Y. Mental illness or disability that results in the | ||
inability to practice under this Act with reasonable | ||
judgment, skill, or safety.
| ||
Z. Conviction by any court of competent jurisdiction, | ||
either within or
outside this State, of any violation of | ||
any law governing the practice of
veterinary medicine, if | ||
the Department determines, after investigation, that
the | ||
person has not been sufficiently rehabilitated to warrant | ||
the public trust.
| ||
AA. Promotion of the sale of drugs, devices, | ||
appliances, or goods provided
for a patient in any manner | ||
to exploit the client for financial gain of the
| ||
veterinarian.
| ||
BB. Gross, willful, or continued overcharging for | ||
professional services.
| ||
CC. Practicing under a false or, except as provided by |
law, an assumed
name.
| ||
DD. Violating state or federal laws or regulations | ||
relating to controlled substances or legend drugs.
| ||
EE. Cheating on or attempting to subvert the licensing | ||
examination
administered under this Act.
| ||
FF. Using, prescribing, or selling a prescription drug | ||
or the
extra-label use of a prescription drug by any means | ||
in the absence of a valid
veterinarian-client-patient | ||
relationship.
| ||
GG. Failing to report a case of suspected aggravated | ||
cruelty, torture,
or
animal fighting pursuant to Section | ||
3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||
26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
2. The determination by a circuit court that a licensee or | ||
certificate
holder is subject to involuntary admission or | ||
judicial admission as provided in
the Mental Health and | ||
Developmental Disabilities Code operates as an automatic
| ||
suspension. The suspension will end only upon a finding by a | ||
court that the
patient is no longer subject to involuntary | ||
admission or judicial admission and
issues an order so finding | ||
and discharging the patient. In any case where a license is |
suspended under this provision, the licensee shall file a | ||
petition for restoration and shall include evidence acceptable | ||
to the Department that the licensee can resume practice in | ||
compliance with acceptable and prevailing standards of his or | ||
her their profession.
| ||
3. All proceedings to suspend, revoke, place on | ||
probationary status, or
take any other disciplinary action as | ||
the Department may deem proper, with
regard to a license or | ||
certificate on any of the foregoing grounds, must be
commenced | ||
within 5 years after receipt by the Department of a complaint
| ||
alleging the commission of or notice of the conviction order | ||
for any of the
acts described in this Section. Except for | ||
proceedings brought for violations
of items (CC), (DD), or | ||
(EE), no action shall be commenced more than 5 years
after the | ||
date of the incident or act alleged to have violated this | ||
Section.
In the event of the settlement of any claim or cause | ||
of action in favor of the
claimant or the reduction to final | ||
judgment of any civil action in favor of the
plaintiff, the | ||
claim, cause of action, or civil action being grounded on the
| ||
allegation that a person licensed or certified under this Act | ||
was negligent in
providing care, the Department shall have an | ||
additional period of one year from
the date of the settlement | ||
or final judgment in which to investigate and begin
formal | ||
disciplinary proceedings under Section 25.2 of this Act, except | ||
as
otherwise provided by law. The time during which the holder | ||
of the license or
certificate was outside the State of Illinois |
shall not be included within any
period of time limiting the | ||
commencement of disciplinary action by the
Department.
| ||
4. The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Illinois Code of Civil | ||
Procedure,
the license of any person who fails to file a | ||
return, to pay the tax, penalty,
or interest
shown in a filed | ||
return, or to pay any final assessment of tax, penalty, or
| ||
interest as
required by any tax Act administered by the | ||
Illinois Department of Revenue, until such
time as
the | ||
requirements of any such tax Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois.
| ||
5. In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel any individual who | ||
is registered under this Act or any individual who has applied | ||
for registration to submit to a mental or physical examination | ||
or evaluation, or both, which may include a substance abuse or | ||
sexual offender evaluation, at the expense of the Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination and evaluation. | ||
The multidisciplinary team shall be led by a physician licensed | ||
to practice medicine in all of its branches and may consist of | ||
one or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic |
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. The Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination and | ||
evaluation of the registrant or applicant, including testimony | ||
concerning any supplemental testing or documents relating to | ||
the examination and evaluation. No information, report, | ||
record, or other documents in any way related to the | ||
examination and evaluation shall be excluded by reason of any | ||
common law or statutory privilege relating to communication | ||
between the licensee or applicant and the examining physician | ||
or any member of the multidisciplinary team. No authorization | ||
is necessary from the registrant or applicant ordered to |
undergo an evaluation and examination for the examining | ||
physician or any member of the multidisciplinary team to | ||
provide information, reports, records, or other documents or to | ||
provide any testimony regarding the examination and | ||
evaluation. The individual to be examined may have, at his or | ||
her own expense, another physician of his or her choice present | ||
during all aspects of the examination. | ||
Failure of any individual to submit to mental or physical | ||
examination or evaluation, or both, when directed, shall result | ||
in an automatic suspension without hearing, until such time as | ||
the individual submits to the examination. If the Department | ||
finds a registrant unable to practice because of the reasons | ||
set forth in this Section, the Department shall require such | ||
registrant to submit to care, counseling, or treatment by | ||
physicians approved or designated by the Department as a | ||
condition for continued, reinstated, or renewed registration. | ||
In instances in which the Secretary immediately suspends a | ||
registration under this Section, a hearing upon such person's | ||
registration must be convened by the Department within 15 days | ||
after such suspension and completed without appreciable delay. | ||
The Department shall have the authority to review the | ||
registrant's record of treatment and counseling regarding the | ||
impairment to the extent permitted by applicable federal | ||
statutes and regulations safeguarding the confidentiality of | ||
medical records. | ||
Individuals registered under this Act who that are affected |
under this Section, shall be afforded an opportunity to | ||
demonstrate to the Department that they can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of their registration.
| ||
6. The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with paragraph (5) of | ||
subsection (a) of Section 2105-15 of the Civil Administrative | ||
Code of Illinois. | ||
7. In cases where the Department of Healthcare and Family | ||
Services has previously determined a licensee or a potential | ||
licensee is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency to | ||
the Department, the Department may refuse to issue or renew or | ||
may revoke or suspend that person's license or may take other | ||
disciplinary action against that person based solely upon the | ||
certification of delinquency made by the Department of | ||
Healthcare and Family Services in accordance with paragraph (5) | ||
of subsection (a) of Section 2105-15 1205-15 of the Civil | ||
Administrative Code of Illinois. | ||
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
98-339, eff. 12-31-13; revised 11-25-14.)
| ||
Section 285. The Professional Engineering Practice Act of |
1989 is amended by changing Section 11 as follows: | ||
(225 ILCS 325/11) (from Ch. 111, par. 5211)
| ||
(Section scheduled to be repealed on January 1, 2020) | ||
Sec. 11. Minimum standards for examination for enrollment | ||
as
engineer intern. Each of the following is considered a | ||
minimum standard
that an applicant must satisfy to qualify for | ||
enrollment as an engineer
intern : . | ||
(a) A graduate of an approved engineering curriculum of | ||
at least 4
years, who has passed an examination in the
| ||
fundamentals of engineering as defined by rule, shall be | ||
enrolled as an engineer intern, if
the applicant is | ||
otherwise qualified; or | ||
(b) An applicant in the last year of an approved | ||
engineering
curriculum who passes an examination in the
| ||
fundamentals of engineering as defined by rule and | ||
furnishes proof that the applicant graduated within a
12 | ||
month period following the examination shall be enrolled
as | ||
an engineer intern, if the applicant is otherwise | ||
qualified; or | ||
(c) A graduate of a non-approved engineering | ||
curriculum or a related
science curriculum of at least 4 | ||
years and which meets the requirements as set
forth by rule | ||
by submitting an application to the Department for its | ||
review and approval, who submits acceptable evidence to the | ||
Board of an
additional 4 years or more of progressive |
experience in engineering
work, and who has passed an | ||
examination in the
fundamentals of engineering as defined | ||
by rule shall be enrolled as an engineer intern, if
the | ||
applicant is otherwise qualified. | ||
(Source: P.A. 98-713, eff. 7-16-14; revised 11-25-14.) | ||
Section 290. The Barber, Cosmetology, Esthetics, Hair | ||
Braiding, and Nail
Technology Act of 1985 is amended by | ||
changing Section 2-4 as follows:
| ||
(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 2-4. Licensure as a barber
teacher; qualifications. A | ||
person is qualified to receive a license as a barber teacher if | ||
that person files an
application on forms provided by the | ||
Department, pays the required fee, and: | ||
a. Is at least 18 years of age;
| ||
b. Has graduated from high school or its equivalent;
| ||
c. Has a current license as a barber or cosmetologist;
| ||
d. Has graduated from a barber school or school of | ||
cosmetology approved by the Department
having:
| ||
(1) completed a total of 500 hours in barber | ||
teacher training extending
over a period of not less | ||
than 3 months nor more than 2 years and has had 3
years | ||
of practical experience as a licensed barber;
| ||
(2) completed a total of 1,000 hours of barber |
teacher training extending
over a period of not less | ||
than 6 months nor more than 2 years; or
| ||
(3) completed the cosmetology teacher training as | ||
specified in paragraph (4) of subsection (a) of Section | ||
3-4 of this Act and completed a supplemental barbering | ||
course as established by rule; and | ||
e. Has passed an examination authorized by the | ||
Department
to determine fitness to receive a license
as a | ||
barber teacher or a cosmetology teacher; and
| ||
f. Has met any other requirements set forth in this | ||
Act.
| ||
An applicant who is issued a license as a Barber Teacher is | ||
not required
to maintain a barber license in order to practice | ||
barbering as defined in this
Act.
| ||
(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15; | ||
revised 11-25-14.)
| ||
Section 295. The Cemetery Oversight Act is amended by | ||
changing Section 5-25 as follows: | ||
(225 ILCS 411/5-25) | ||
(Section scheduled to be repealed on January 1, 2021)
| ||
Sec. 5-25. Powers of the Department. Subject to the | ||
provisions of this Act, the Department may exercise the | ||
following powers: | ||
(1) Authorize certification programs to ascertain the |
qualifications and fitness of applicants for licensing as a | ||
licensed cemetery manager or as a customer service employee | ||
to ascertain whether they possess the requisite level of | ||
knowledge for such position. | ||
(2) Examine a licensed cemetery authority's records | ||
from any year or any other aspects of cemetery operation as | ||
the Department deems appropriate. | ||
(3) Investigate any and all cemetery operations. | ||
(4) Conduct hearings on proceedings to refuse to issue | ||
or renew licenses or to revoke, suspend, place on | ||
probation, reprimand, or otherwise discipline a license | ||
under this Act or take other non-disciplinary action. | ||
(5) Adopt reasonable rules required for the | ||
administration of this Act. | ||
(6) Prescribe forms to be issued for the administration | ||
and enforcement of this Act. | ||
(7) Maintain rosters of the names and addresses of all | ||
licensees and all persons whose licenses have been | ||
suspended, revoked, denied renewal, or otherwise | ||
disciplined within the previous calendar year. These | ||
rosters shall be available upon written request and payment | ||
of the required fee as established by rule. | ||
(8) Work with the Office of the Comptroller and the | ||
Department of Public Health, Division of Vital Records to | ||
exchange information and request additional information | ||
relating to a licensed cemetery authority . ; |
(9) Investigate cemetery contracts, grounds, or | ||
employee records. | ||
If the Department exercises its authority to conduct | ||
investigations under this Section, the Department shall | ||
provide the cemetery authority with information sufficient to | ||
challenge the allegation. If the complainant consents, then the | ||
Department shall provide the cemetery authority with the | ||
identity of and contact information for the complainant so as | ||
to allow the cemetery authority and the complainant to resolve | ||
the complaint directly. Except as otherwise provided in this | ||
Act, any complaint received by the Department and any | ||
information collected to investigate the complaint shall be | ||
maintained by the Department for the confidential use of the | ||
Department and shall not be disclosed. The Department may not | ||
disclose the information to anyone other than law enforcement | ||
officials or other regulatory agencies or persons that have an | ||
appropriate regulatory interest, as determined by the | ||
Secretary, or to a party presenting a lawful subpoena to the | ||
Department. Information and documents disclosed to a federal, | ||
state, county, or local law enforcement agency shall not be | ||
disclosed by the agency for any purpose to any other agency or | ||
person. A formal complaint filed against a licensee by the | ||
Department or any order issued by the Department against a | ||
licensee or applicant shall be a public record, except as | ||
otherwise prohibited by law.
| ||
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12; revised |
11-25-14.) | ||
Section 300. The Community Association Manager Licensing | ||
and Disciplinary Act is amended by changing Section 155 as | ||
follows: | ||
(225 ILCS 427/155)
| ||
(Section scheduled to be repealed on January 1, 2020) | ||
Sec. 155. Violations; penalties. | ||
(a) A person who violates any of the following provisions | ||
shall be guilty of a Class A misdemeanor; a person who commits | ||
a second or subsequent violation of these provisions is guilty | ||
of a Class 4 felony: | ||
(1) The practice of or attempted practice of or holding | ||
out as available to practice as a community association | ||
manager , or supervising community association manager | ||
without a license. | ||
(2) Operation of or attempt to operate a community | ||
association management firm without a firm license or a | ||
designated supervising community association manager. | ||
(3) The obtaining of or the attempt to obtain any | ||
license or authorization issued under this Act by | ||
fraudulent misrepresentation. | ||
(b) Whenever a licensee is convicted of a felony related to | ||
the violations set forth in this Section, the clerk of the | ||
court in any jurisdiction shall promptly report the conviction |
to the Department and the Department shall immediately revoke | ||
any license authorized under this Act held by that licensee. | ||
The licensee shall not be eligible for licensure under this Act | ||
until at least 10 years have elapsed since the time of full | ||
discharge from any sentence imposed for a felony conviction. If | ||
any person in making any oath or affidavit required by this Act | ||
swears falsely, the person is guilty of perjury and may be | ||
punished accordingly.
| ||
(Source: P.A. 98-365, eff. 1-1-14; revised 11-25-14.) | ||
Section 305. The Illinois Public Accounting Act is amended | ||
by changing Sections 0.02, 0.03, and 14.4 as follows:
| ||
(225 ILCS 450/0.02) (from Ch. 111, par. 5500.02)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 0.02. Declaration of public policy. It is the policy | ||
of this State and the purpose of this Act:
| ||
(a) to To promote the dependability of information | ||
which is used for guidance
in financial transactions or for | ||
accounting for or assessing the status
or performance of | ||
commercial and noncommercial enterprises, whether public,
| ||
private, or governmental; and
| ||
(b) to To protect the public interest by requiring that | ||
persons engaged in
the practice of public accounting be | ||
qualified; that a public authority
competent to prescribe | ||
and assess the qualifications of public accountants
be |
established; and that
| ||
(c) that preparing Preparing , auditing , or examining | ||
financial statements and issuing
a report expressing or | ||
disclaiming an opinion on such statements or expressing
| ||
assurance on such statements be reserved to persons who | ||
demonstrate their
ability and fitness to observe and apply | ||
the standards of the accounting
profession; and that the | ||
use of accounting titles likely to confuse the
public be | ||
prohibited.
| ||
(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
| ||
(225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
| ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 0.03. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
"Accountancy activities" means the services as set forth in | ||
Section 8.05 of the Act. | ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's, licensee's, or | ||
registrant's application file or license file maintained by the | ||
Department's licensure maintenance unit. It is the duty of the | ||
applicant, licensee, or registrant to inform the Department of | ||
any change of address, and those changes must be made either | ||
through the Department's website or by directly contacting the | ||
Department. | ||
"Certificate" means a certificate issued by the Board or |
University or similar jurisdictions specifying an individual | ||
has successfully passed all sections and requirements of the | ||
Uniform Certified Public Accountant Examination. A certificate | ||
issued by the Board or University or similar jurisdiction does | ||
not confer the ability to use the CPA title and is not | ||
equivalent to a registration or license under this Act. | ||
"Compilation" means providing a service to be performed in | ||
accordance with Statements on Standards for Accounting and | ||
Review Services that is presented in the form of financial | ||
statements or information that is the representation of | ||
management or owners without undertaking to express any | ||
assurance on the statements. | ||
"CPA" or "C.P.A." means a certified public accountant who | ||
holds a license or registration issued by the Department or an | ||
individual authorized to use the CPA title under Section 5.2 of | ||
this Act. | ||
"CPA firm" means a sole proprietorship, a corporation, | ||
registered limited liability partnership, limited liability | ||
company, partnership, professional service corporation, or any | ||
other form of organization issued a license in accordance with | ||
this Act. | ||
"CPA (inactive)" means a licensed certified public | ||
accountant who elects to have the Department place his or her | ||
license on inactive status pursuant to Section 17.2 of this | ||
Act. | ||
"Financial statement" means a structured presentation of |
historical financial information, including, but not limited | ||
to, related notes intended to communicate an entity's economic | ||
resources and obligations at a point in time or the changes | ||
therein for a period of time in accordance with generally | ||
accepted accounting principles (GAAP) or other comprehensive | ||
basis of accounting (OCBOA). | ||
"Other attestation engagements" means an engagement | ||
performed in accordance with the Statements on Standards for | ||
Attestation Engagements. | ||
"Registered Certified Public Accountant" or "registered | ||
CPA" means any person who has been issued
a registration under | ||
this Act as a Registered Certified Public Accountant.
| ||
"Report", when used with reference to financial | ||
statements, means an opinion, report, or other form of language | ||
that states or implies assurance as to the reliability of any | ||
financial statements and that also includes or is accompanied | ||
by any statement or implication that the person or firm issuing | ||
it has special knowledge or competence in accounting or | ||
auditing. Such a statement or implication of special knowledge | ||
or competence may arise from use by the issuer of the report of | ||
names or titles indicating that the person or firm is an | ||
accountant or auditor, or from the language of the report | ||
itself. "Report" includes any form of language that disclaims | ||
an opinion when the form of language is conventionally | ||
understood to imply any positive assurance as to the | ||
reliability of the financial statements referred to or special |
competence on the part of the person or firm issuing such | ||
language; it includes any other form of language that is | ||
conventionally understood to imply such assurance or such | ||
special knowledge or competence. | ||
"Licensed Certified Public Accountant" or "licensed CPA" | ||
means any person licensed
under this Act as a Licensed | ||
Certified Public Accountant.
| ||
"Committee" means the Public Accountant Registration and | ||
Licensure Committee appointed by the Secretary.
| ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"License", "licensee" , and "licensure" refer refers to the | ||
authorization
to practice under the provisions of this Act.
| ||
"Peer review" means a study, appraisal, or review of one or
| ||
more aspects of a CPA firm's or sole practitioner's compliance | ||
with applicable accounting, auditing, and other attestation | ||
standards adopted by generally recognized standard-setting | ||
bodies.
| ||
"Principal place of business" means the office location | ||
designated by the licensee from which the person directs, | ||
controls, and coordinates his or her professional services. | ||
"Review committee" means any person or persons conducting, | ||
reviewing,
administering, or supervising a peer review | ||
program.
| ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation. |
"University" means the University of Illinois.
| ||
"Board" means the Board of Examiners established under | ||
Section 2.
| ||
"Registration", "registrant", and "registered" refer to | ||
the authorization to hold oneself out as or use the title | ||
"Registered Certified Public Accountant" or "Certified Public | ||
Accountant", unless the context otherwise requires.
| ||
"Peer Review Administrator" means an organization | ||
designated by the Department that meets the requirements of | ||
subsection (f) of Section 16 of this Act and other rules that | ||
the Department may adopt.
| ||
(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
| ||
(225 ILCS 450/14.4) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 14.4. Qualifications for licensure as a CPA firm. The | ||
Department may license as licensed CPA firms individuals or | ||
entities meeting the following requirements: | ||
(1) A majority of the ownership of the firm, in terms | ||
of financial interests and voting rights of all partners, | ||
officers, shareholders, or members, belongs to persons | ||
licensed or registered in some state. All partners, | ||
officers, shareholders, or members, whose principal place | ||
of business is in this State and who have overall | ||
responsibility for accountancy activities in this State, | ||
as defined in paragraph (1) of subsection (a) of Section |
8.05 of this Act, must hold a valid license as a licensed | ||
CPA issued by this State. An individual exercising the | ||
practice privilege afforded under Section 5.2 who performs | ||
services for which a firm license is required under | ||
subsection (d) of Section 5.2 shall not be required to | ||
obtain an individual license under this Act. | ||
(2) All owners of the CPA firm, whether licensed as a | ||
licensed CPA or not, shall be active participants in the | ||
CPA firm or its affiliated entities and shall comply with | ||
the rules adopted under this Act. | ||
(3) It shall be lawful for a nonprofit cooperative | ||
association engaged in rendering an auditing and | ||
accounting service to its members only to continue to | ||
render that service provided that the rendering of an | ||
auditing and accounting service by the cooperative | ||
association shall at all times be under the control and | ||
supervision of licensed CPAs. | ||
(4) An individual who supervises services for which a | ||
license is required under paragraph (1) of subsection (a) | ||
of Section 8.05 of this Act, who signs or authorizes | ||
another to sign any report for which a license is required | ||
under paragraph (1) of subsection (a) of Section 8.05 of | ||
this Act, or who supervises services for which a CPA firm | ||
license is required under subsection (d) of Section 5.2 of | ||
this Act shall hold a valid, active licensed CPA license | ||
from this State or another state considered to be |
substantially equivalent under paragraph (1) of subsection | ||
(a) of Section 5.2. | ||
(5) The CPA firm shall designate to the Department in | ||
writing an individual licensed as a licensed CPA under this | ||
Act or, in the case of a firm that must have a CPA firm | ||
license pursuant to subsection (b) of Section 13 of this | ||
Act, a licensee of another state who meets the requirements | ||
set out in paragraph (1) or (2) of subsection (a) of | ||
Section 5.2 of this Act, who shall be responsible for the | ||
proper licensure of the CPA firm.
| ||
(Source: P.A. 98-254, eff. 8-9-13; 98-730, eff. 1-1-15; revised | ||
11-25-14.) | ||
Section 310. The Real Estate Appraiser Licensing Act of | ||
2002 is amended by changing Section 5-5 as follows:
| ||
(225 ILCS 458/5-5)
| ||
(Section scheduled to be repealed on January 1, 2022)
| ||
Sec. 5-5. Necessity of license; use of title; exemptions.
| ||
(a) It
is unlawful for a person to (i) act, offer services, | ||
or advertise services
as a State certified general real estate
| ||
appraiser, State certified residential real estate appraiser, | ||
or associate real estate trainee appraiser, (ii)
develop a real | ||
estate appraisal,
(iii)
practice as a real estate
appraiser, or | ||
(iv)
advertise or hold himself or herself out to be a real | ||
estate
appraiser
without a license issued under this Act. A |
person who
violates this subsection is
guilty of a Class A | ||
misdemeanor for a first offense and a Class 4 felony for any | ||
subsequent offense.
| ||
(a-5) It is unlawful for a person, unless registered as an | ||
appraisal management company, to solicit clients or enter into | ||
an appraisal engagement with clients without either a certified | ||
residential real estate appraiser license or a certified | ||
general real estate appraiser license issued under this Act. A | ||
person who violates this subsection is guilty of a Class A | ||
misdemeanor for a first offense and a Class 4 felony for any | ||
subsequent offense. | ||
(b) It
is unlawful for a person, other than a
person who | ||
holds a valid license issued pursuant to this
Act as a State | ||
certified general real estate appraiser, a
State
certified
| ||
residential real estate appraiser,
or an associate real estate | ||
trainee appraiser to use these titles or any other title, | ||
designation, or
abbreviation likely to create the
impression | ||
that the person is licensed as a real estate appraiser pursuant | ||
to
this Act. A person who
violates this subsection is guilty of | ||
a Class A misdemeanor for a first offense and a Class 4 felony | ||
for any subsequent offense.
| ||
(c)
This Act does not apply to a person who holds a valid | ||
license as a real estate broker or managing broker pursuant to | ||
the Real Estate License Act of 2000 who prepares or provides a | ||
broker price opinion or comparative market analysis in | ||
compliance with Section 10-45 of the Real Estate License Act of |
2000. | ||
(d) Nothing in this Act shall preclude a State certified | ||
general real estate appraiser, a State certified residential | ||
real estate appraiser, or an associate real estate trainee | ||
appraiser from rendering appraisals for or on behalf of a | ||
partnership, association, corporation, firm, or group. | ||
However, no State appraisal license or certification shall be | ||
issued under this Act to a partnership, association, | ||
corporation, firm, or group.
| ||
(e) This Act does not apply to a county assessor, township | ||
assessor, multi-township assessor, county supervisor of | ||
assessments, or any deputy or employee of any county assessor, | ||
township assessor, multi-township assessor, or county | ||
supervisor of assessments who is performing his or her | ||
respective duties in accordance with the provisions of the | ||
Property Tax Code.
| ||
(e-5) For the purposes of this Act, valuation waivers may | ||
be prepared by a licensed appraiser notwithstanding any other | ||
provision of this Act, and the following types of valuations | ||
are not appraisals and may not be represented to be appraisals, | ||
and a license is not required under this Act to
perform such | ||
valuations if the valuations are performed by (1) an employee | ||
of the Illinois Department of Transportation who has completed | ||
a minimum of 45 hours of course work in real estate appraisal, | ||
including the principals of real estate appraisals, appraisal | ||
of partial acquisitions, easement valuation, reviewing |
appraisals in eminent domain, appraisal for federal aid highway | ||
programs, and appraisal review for federal aid highway programs | ||
and has at least 2 years' experience in a field closely related | ||
to real estate; (2) a county engineer who is a registered | ||
professional engineer under the Professional Engineering | ||
Practice Act of 1989; (3) an employee of a municipality who has | ||
(i) completed a minimum of 45 hours of coursework in real | ||
estate appraisal, including the principals of real estate | ||
appraisals, appraisal of partial acquisitions, easement | ||
valuation, reviewing appraisals in eminent domain, appraisal | ||
for federal aid highway programs, and appraisal review for | ||
federal aid highway programs and (ii) has either 2 years' | ||
experience in a field clearly related to real estate or has | ||
completed 20 hours of additional coursework that is sufficient | ||
for a person to complete waiver valuations as approved by the | ||
Federal Highway Administration; or (4) a municipal engineer who | ||
has completed coursework that is sufficient for his or her | ||
waiver valuations to be approved by the Federal Highway | ||
Administration and who is a registered professional engineer | ||
under the Professional Engineering Act of 1989, under the | ||
following circumstances: | ||
(A) a valuation waiver in an amount not to exceed | ||
$10,000 prepared pursuant to the federal Uniform | ||
Relocation Assistance and Real Property Acquisition | ||
Policies Act of 1970, or prepared pursuant to the federal | ||
Uniform Relocation Assistance and Real Property |
Acquisition for Federal and Federally-Assisted Programs | ||
regulations and which is performed by (1) an employee of | ||
the Illinois Department of Transportation and co-signed, | ||
with a license number affixed, by another employee of the | ||
Illinois Department of Transportation who is a registered | ||
professional engineer under the Professional Engineering | ||
Practice Act of 1989 or (2) an employee of a municipality | ||
and co-signed with a license number affixed by a county or | ||
municipal engineer who is a registered professional | ||
engineer under the Professional Engineering Practice Act | ||
of 1989; and | ||
(B) a valuation waiver in an amount not to exceed | ||
$10,000 prepared pursuant to the federal Uniform | ||
Relocation Assistance and Real Property Acquisition | ||
Policies Act of 1970, or prepared pursuant to the federal | ||
Uniform Relocation Assistance and Real Property | ||
Acquisition for Federal and Federally-Assisted Programs | ||
regulations and which is performed by a county or municipal | ||
engineer who is employed by a county or municipality and is | ||
a registered professional engineer under the Professional | ||
Engineering Practice Act of 1989. In addition to his or her | ||
signature, the county or municipal engineer shall affix his | ||
or her license number to the valuation. | ||
Nothing in this subsection (e-5) shall be construed to | ||
allow the State of Illinois, a political subdivision thereof, | ||
or any public body to acquire real estate by eminent domain in |
any manner
other than provided for in the Eminent Domain Act. | ||
(f) A State real estate appraisal certification or license | ||
is not required under this Act for any of the following: | ||
(1) A person, partnership, association, or corporation | ||
that performs appraisals of property owned by that person, | ||
partnership, association, or corporation for the sole use | ||
of that person, partnership, association, or corporation. | ||
(2) A court-appointed commissioner who conducts an | ||
appraisal pursuant to a judicially ordered evaluation of | ||
property. | ||
However, any person who is certified or licensed under this Act | ||
and who performs any of the activities set forth in this | ||
subsection (f) must comply with the provisions of this Act. A | ||
person who violates this subsection (f) is guilty of a Class A | ||
misdemeanor for a first offense and a Class 4 felony for any | ||
subsequent offense. | ||
(g) This Act does not apply to an employee, officer, | ||
director, or member of a credit or loan committee of a | ||
financial institution or any other person engaged by a | ||
financial institution when performing an evaluation of real | ||
property for the sole use of the financial institution in a | ||
transaction for which the financial institution would not be | ||
required to use the services of a State licensed or State | ||
certified appraiser pursuant to federal regulations adopted | ||
under Title XI of the federal Financial Institutions Reform, | ||
Recovery, and Enforcement Act of 1989, nor does this Act apply |
to the procurement of an automated valuation model. | ||
"Automated valuation model" means an automated system that | ||
is used to derive a property value through the use of publicly | ||
available property records and various analytic methodologies | ||
such as comparable sales prices, home characteristics, and | ||
historical home price appreciations.
| ||
(Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13; | ||
98-933, eff. 1-1-15; 98-1109, eff. 1-1-15; revised 10-2-14.)
| ||
Section 315. The Illinois Oil and Gas Act is amended by | ||
changing Section 1 as follows:
| ||
(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| ||
Sec. 1.
Unless the context otherwise requires, the words | ||
defined in this
Section have the following meanings as used in | ||
this Act.
| ||
"Person" means any natural person, corporation, | ||
association,
partnership, governmental agency or other legal | ||
entity, receiver, trustee,
guardian, executor, administrator, | ||
fiduciary or representative of any kind.
| ||
"Oil" means natural crude oil or petroleum and other | ||
hydrocarbons,
regardless of gravity, which are produced at the | ||
well in liquid form by
ordinary production methods or by the | ||
use of an oil and gas separator and
which are not the result of | ||
condensation of gas after it leaves the
underground reservoir.
| ||
"Gas" means all natural gas, including casinghead gas, and |
all other
natural hydrocarbons not defined above as oil.
| ||
"Pool" means a natural, underground reservoir containing | ||
in whole or in
part, a natural accumulation of oil or gas, or | ||
both. Each productive zone
or stratum of a general structure, | ||
which is completely separated from any
other zone or stratum in | ||
the structure, is deemed a separate "pool" as used
herein.
| ||
"Field" means the same general surface area which is | ||
underlaid or
appears to be underlaid by one or more pools.
| ||
"Permit" means the Department's written authorization | ||
allowing a well
to be drilled, deepened, converted, or operated | ||
by an owner.
| ||
"Permittee" means the owner holding or required to hold the
| ||
permit, and
who is also responsible for paying assessments in | ||
accordance with Section
19.7 of this Act and, where applicable, | ||
executing and filing the bond
associated with the well as | ||
principal and who is responsible for compliance
with all | ||
statutory and regulatory requirements pertaining to the well.
| ||
When the right and responsibility for operating a well is | ||
vested in a
receiver or trustee appointed by a court of | ||
competent jurisdiction, the
permit shall be issued to the | ||
receiver or trustee.
| ||
"Orphan Well" means a well for which: (1) no fee assessment | ||
under
Section 19.7 of this Act has been paid or no other bond | ||
coverage has been
provided for 2 consecutive years; (2) no oil | ||
or gas has been produced from
the well or from the lease or | ||
unit on which the well is located for 2
consecutive years; and |
(3) no permittee or owner can be identified or
located by the | ||
Department. Orphaned wells include wells that may have been
| ||
drilled for purposes other than those for which a permit is | ||
required under
this Act if the well is a conduit for oil or | ||
salt water intrusions into
fresh water zones or onto the | ||
surface which may be caused by oil and gas
operations.
| ||
"Owner" means the person who has the right to drill into | ||
and produce
from any pool, and to appropriate the production | ||
either for the person or for
the person and another, or others, | ||
or solely for others, excluding the
mineral owner's royalty if
| ||
the right to drill and produce has been granted under an oil | ||
and gas lease.
An owner may also be a person granted the right | ||
to drill and operate an
injection (Class II UIC) well | ||
independent of the right to drill for and produce
oil or gas. | ||
When the right to drill, produce, and appropriate production is
| ||
held by more than one person, then all persons holding these | ||
rights may
designate the owner by a written operating agreement | ||
or similar written
agreement. In the absence of such an | ||
agreement, and subject to the provisions
of Sections 22.2 and | ||
23.1 through 23.16 of this Act, the owner shall be the
person | ||
designated in writing by a majority in interest of the persons | ||
holding
these rights.
| ||
"Department" means the Department of Natural Resources.
| ||
"Director" means the Director of Natural Resources.
| ||
"Mining Board" means the State Mining Board in the | ||
Department of Natural
Resources, Office of Mines
and Minerals.
|
"Mineral Owner's Royalty" means the share of oil and gas | ||
production
reserved in an oil and gas lease free of all costs | ||
by an owner of the
minerals whether denominated royalty or | ||
overriding royalty.
| ||
"Waste" means "physical waste" as that term is generally | ||
understood in
the oil and gas industry, and further includes:
| ||
(1) the locating, drilling , and producing of any oil or | ||
gas well or wells
drilled contrary to the valid order, | ||
rules and regulations adopted by the
Department under the | ||
provisions of this Act ; .
| ||
(2) permitting the migration of oil, gas, or water from | ||
the stratum in
which it is found, into other strata, | ||
thereby ultimately resulting in the
loss of recoverable | ||
oil, gas or both;
| ||
(3) the drowning with water of any stratum or part | ||
thereof capable of
producing oil or gas, except for | ||
secondary recovery purposes;
| ||
(4) the unreasonable damage to underground, fresh or | ||
mineral water
supply, workable coal seams, or other mineral | ||
deposits in the operations
for the discovery, development, | ||
production, or handling of oil and gas;
| ||
(5) the unnecessary or excessive surface loss or | ||
destruction of oil or
gas resulting from evaporation, | ||
seepage, leakage or fire, especially such
loss or | ||
destruction incident to or resulting from the escape of gas | ||
into
the open air in excessive or unreasonable amounts, |
provided, however,
it shall not be unlawful for the | ||
operator
or owner of any well producing both oil and gas to | ||
burn such gas in flares
when such gas is, under the other | ||
provisions of this Act, lawfully
produced, and where there | ||
is no market at the well for such escaping gas;
and where | ||
the same is used for the extraction of casinghead gas, it | ||
shall
not be unlawful for the operator of the plant after | ||
the process of
extraction is completed, to burn such | ||
residue in flares when there is no
market at such plant for | ||
such residue gas;
| ||
(6) permitting unnecessary fire hazards;
| ||
(7) permitting unnecessary damage to or destruction of | ||
the surface,
soil, animal, fish or aquatic life or property | ||
from oil or gas operations.
| ||
"Drilling Unit" means the surface area allocated by an | ||
order or
regulation of the Department to the drilling of a | ||
single well for the
production of oil or gas from an individual | ||
pool.
| ||
"Enhanced Recovery Method" means any method used in an | ||
effort to
recover hydrocarbons from a pool by injection of | ||
fluids, gases or other
substances to maintain, restore or | ||
augment natural reservoir energy, or by
introducing immiscible | ||
or miscible gases, chemicals, other substances or
heat or by | ||
in-situ combustion, or by any combination thereof.
| ||
"Well-Site Equipment" means any production-related | ||
equipment or materials
specific to the well, including motors, |
pumps, pump jacks, tanks, tank
batteries, separators, | ||
compressors, casing, tubing, and rods.
| ||
(Source: P.A. 89-243, eff. 8-4-95; 89-445, eff. 2-7-96; revised | ||
11-25-14.)
| ||
Section 320. The Hydraulic Fracturing Regulatory Act is | ||
amended by changing Sections 1-40, 1-96, 1-100, 1-101, and | ||
1-110 as follows: | ||
(225 ILCS 732/1-40)
| ||
Sec. 1-40. Public notice. | ||
(a) Within 5 calendar days after the Department's receipt | ||
of the high volume horizontal hydraulic fracturing | ||
application, the Department shall post notice of its receipt | ||
and a copy of the permit application on its website. The notice | ||
shall include the dates of the public comment period and | ||
directions for interested parties to submit comments.
| ||
(b) Within 5 calendar days after the Department's receipt | ||
of the permit application and notice to the applicant that the | ||
high volume horizontal hydraulic fracturing permit application | ||
was received, the Department shall provide the Agency, the | ||
Office of the State Fire Marshal, the Illinois State Water | ||
Survey, and the Illinois State Geological Survey with notice of | ||
the application.
| ||
(c) The applicant shall provide the following public | ||
notice: |
(1) Applicants shall mail specific public notice by | ||
U.S. Postal Service certified mail, return receipt | ||
requested, within 3 calendar days after submittal of the | ||
high volume horizontal hydraulic fracturing permit | ||
application to the Department, to all persons identified as | ||
owners of real property within 1,500 feet of the proposed | ||
well site, as disclosed by the records in the office of the | ||
recorder of the county or counties, and to each | ||
municipality and county in which the well site is proposed | ||
to be located.
| ||
(2) Except as otherwise provided in this paragraph (2) | ||
of subsection (c), applicants shall provide general public | ||
notice by publication, once each week for 2 consecutive | ||
weeks, beginning no later than 3 calendar days after | ||
submittal of the high volume horizontal hydraulic | ||
fracturing permit application to the Department, in a | ||
newspaper of general circulation published in each county | ||
where the well proposed for high volume hydraulic | ||
fracturing operations is proposed to be located.
| ||
If a well is proposed for high volume hydraulic | ||
fracturing operations in a county where there is no daily | ||
newspaper of general circulation, the applicant shall | ||
provide general public notice, by publication, once each | ||
week for 2 consecutive weeks, in a weekly newspaper of | ||
general circulation in that county beginning as soon as the | ||
publication schedule of the weekly newspaper permits, but |
in no case later than 10 days after submittal of the high | ||
volume hydraulic fracturing permit application to the | ||
Department. | ||
(3) The specific and general public notices required | ||
under this subsection shall contain the following | ||
information:
| ||
(A) the name and address of the applicant;
| ||
(B) the date the application for a high volume | ||
horizontal hydraulic fracturing permit was filed;
| ||
(C) the dates for the public comment period and a | ||
statement that anyone may file written comments about | ||
any portion of the applicant's submitted high volume | ||
horizontal hydraulic fracturing permit application | ||
with the Department during the public comment period;
| ||
(D) the proposed well name, reference number | ||
assigned by the Department, and the address and legal | ||
description of the well site and its unit area;
| ||
(E) a statement that the information filed by the | ||
applicant in their application for a high volume | ||
horizontal hydraulic fracturing permit is available | ||
from the Department through its website;
| ||
(F) the Department's website and the address and | ||
telephone number for the Department's Oil and Gas | ||
Division;
| ||
(G) a statement that any person having an interest | ||
that is or may be adversely affected, any government |
agency that is or may be affected, or the county board | ||
of a county to be affected under a proposed permit, may | ||
file written objections to a permit application and may | ||
request a public hearing.
| ||
(d) After providing the public notice as required under | ||
paragraph (2) of subsection (c) of this Section, the applicant | ||
shall supplement its permit application by providing the | ||
Department with a certification and documentation that the | ||
applicant fulfilled the public notice requirements of this | ||
Section. The Department shall not issue a permit until the | ||
applicant has provided the supplemental material required | ||
under this subsection.
| ||
(e) If multiple applications are submitted at the same time | ||
for wells located on the same well site, the applicant may use | ||
one public notice for all applications provided the notice is | ||
clear that it pertains to multiple applications and conforms to | ||
the requirements of this Section. Notice shall not constitute | ||
standing for purposes of requesting a public hearing or for | ||
standing to appeal the decision of the Department in accordance | ||
with the Administrative Review Law.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.) | ||
(225 ILCS 732/1-96)
| ||
Sec. 1-96. Seismicity. | ||
(a) For purposes of this Section, "induced seismicity" | ||
means an earthquake event that is felt, recorded by the |
national seismic network, and attributable to a Class II | ||
injection well used for disposal of flowback flow-back and | ||
produced fluid from hydraulic fracturing operations. | ||
(b) The Department shall adopt rules, in consultation with | ||
the Illinois State Geological Survey, establishing a protocol | ||
for controlling operational activity of Class II injection | ||
wells in an instance of induced seismicity. | ||
(c) The rules adopted by the Department under this Section | ||
shall employ a "traffic light" control system allowing for low | ||
levels of seismicity while including additional monitoring and | ||
mitigation requirements when seismic events are of sufficient | ||
intensity to result in a concern for public health and safety.
| ||
(d) The additional mitigation requirements referenced in | ||
subsection (c) of this Section shall provide for either the | ||
scaling back of injection operations with monitoring for | ||
establishment of a potentially safe operation level or the | ||
immediate cessation of injection operations.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.) | ||
(225 ILCS 732/1-100)
| ||
Sec. 1-100. Criminal offenses; penalties. | ||
(a) Except as otherwise provided in this Section, it shall | ||
be a Class A misdemeanor to knowingly violate this Act, its | ||
rules, or any permit or term or condition thereof, or knowingly | ||
to submit any false information under this Act or regulations | ||
adopted thereunder, or under any permit or term or condition |
thereof. A person convicted or sentenced under this subsection | ||
(a) shall be subject to a fine of not to exceed $10,000 for | ||
each day of violation. | ||
(b) It is unlawful for a person knowingly to violate: | ||
(1) subsection (c) of Section 1-25 of this Act; | ||
(2) subsection (d) of Section 1-25 of this Act; | ||
(3) subsection (a) of Section 1-30 of this Act; | ||
(4) paragraph (9) of subsection (c) of Section 1-75 of | ||
this Act; or | ||
(5) subsection (a) of Section 1-87 of this Act. | ||
A person convicted or sentenced for any knowing violation | ||
of the requirements or prohibitions listed in this subsection | ||
(b) commits a Class 4 felony, and in addition to any other | ||
penalty prescribed by law is subject to a fine not to exceed | ||
$25,000 for each day of violation. A person who commits a | ||
second or subsequent knowing violation of the requirements or | ||
prohibitions listed in this subsection (b) commits a Class 3 | ||
felony and, in addition to any other penalties provided by law, | ||
is subject to a fine not to exceed $50,000 for each day of | ||
violation. | ||
(c) Any person who knowingly makes a false, fictitious, or | ||
fraudulent material statement, orally or in writing, to the | ||
Department or Agency as required by this Act, its rules, or any | ||
permit, term, or condition of a permit, commits a Class 4 | ||
felony, and each false, fictitious, or fraudulent statement or | ||
writing shall be considered a separate violation. In addition |
to any other penalty prescribed by law, a person persons in | ||
violation of this subsection (c) is subject to a fine of not to | ||
exceed $25,000 for each day of violation. A person who commits | ||
a second or subsequent knowing violation of this subsection (c) | ||
commits a Class 3 felony and, in addition to any other | ||
penalties provided by law, is subject to a fine not to exceed | ||
$50,000 for each day of violation. | ||
(d) Any criminal action provided for under this Section | ||
shall be brought by the State's Attorney of the county in which | ||
the violation occurred or by the Attorney General and shall be | ||
conducted in accordance with the applicable provision of the | ||
Code of Criminal Procedure of 1963. For criminal conduct in | ||
this Section, the period for commencing prosecution shall not | ||
begin to run until the offense is discovered by or reported to | ||
a State or local agency having authority to investigate | ||
violations of this Act.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.) | ||
(225 ILCS 732/1-101)
| ||
Sec. 1-101. Violations; civil penalties and injunctions.
| ||
(a) Except as otherwise provided in this Section, any | ||
person who violates any provision of this Act or any rule or | ||
order adopted under this Act or any permit issued under this | ||
Act shall be liable for a civil penalty not to exceed $50,000 | ||
for the violation and an additional civil penalty not to exceed | ||
$10,000 for each day during which the violation continues. |
(b) Any person who violates any requirements or | ||
prohibitions of provisions listed in this subsection (b) is | ||
subject to a civil penalty not to exceed $100,000 for the | ||
violation and an additional civil penalty not to exceed $20,000 | ||
for each day during which the violation continues. The | ||
following are violations are subject to the penalties of this | ||
subsection (b): | ||
(1) subsection (c) of Section 1-25 of this Act; | ||
(2) subsection (d) of Section 1-25 of this Act; | ||
(3) subsection (a) of Section 1-30 of this Act;
| ||
(4) paragraph (9) of subsection (c) of Section 1-75 of | ||
this Act; or | ||
(5) subsection (a) of Section 1-87 of this Act. | ||
(c) Any person who knowingly makes, submits, causes to be | ||
made, or causes to be submitted a false report of pollution, | ||
diminution, or water pollution attributable to high volume | ||
horizontal hydraulic fracturing operations that results in an | ||
investigation by the Department or Agency under this Act shall | ||
be liable for a civil penalty not to exceed $1,000 for the | ||
violation. | ||
(d) The penalty shall be recovered by a civil action before | ||
the circuit court of the county in which the well site is | ||
located or in the circuit court of Sangamon County. Venue shall | ||
be considered proper in either court. These penalties may, upon | ||
the order of a court of competent jurisdiction, be made payable | ||
to the Environmental Protection Trust Fund, to be used in |
accordance with the provisions of the Environmental Protection | ||
Trust Fund Act.
| ||
(e) The State's Attorney of the county in which the | ||
violation occurred, or the Attorney General, may, at the | ||
request of the Department or on his or her own motion, | ||
institute a civil action for the recovery of costs, an | ||
injunction, prohibitory or mandatory, to restrain violations | ||
of this Act, any rule adopted under this Act, the permit or | ||
term or condition of the permit, or to require other actions as | ||
may be necessary to address violations of this Act, any rule | ||
adopted under this Act, or the permit or term or condition of | ||
the permit. | ||
(f) The State's Attorney of the county in which the | ||
violation occurred, or the Attorney General, shall bring | ||
actions under this Section in the name of the People of the | ||
State of Illinois. Without limiting any other authority that | ||
may exist for the awarding of attorney's fees and costs, a | ||
court of competent jurisdiction may award costs and reasonable | ||
attorney's fees, including the reasonable costs of expert | ||
witnesses and consultants, to the State's Attorney or the | ||
Attorney General in a case where he or she has prevailed | ||
against a person who has committed a knowing or repeated | ||
violation of this Act, any rule adopted under this Act, or the | ||
permit or term or condition of the permit. | ||
(g) All final orders imposing civil penalties under this | ||
Section shall prescribe the time for payment of those |
penalties. If any penalty is not paid within the time | ||
prescribed, interest on the penalty at the rate set forth in | ||
subsection (a) of Section 1003 of the Illinois Income Tax Act , | ||
shall be paid for the period from the date payment is due until | ||
the date payment is received. However, if the time for payment | ||
is stayed during the pendency of an appeal, interest shall not | ||
accrue during the stay.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.) | ||
(225 ILCS 732/1-110)
| ||
Sec. 1-110. Public information; website. | ||
(a) All information submitted to the Department under this | ||
Act is deemed public information, except information deemed to | ||
constitute a trade secret under Section 1-77 of this Act and | ||
private information and personal information as defined in the | ||
Freedom of Information Act. | ||
(b) To provide the public and concerned citizens with a | ||
centralized repository of information, the Department shall | ||
create and maintain a comprehensive website dedicated to | ||
providing information concerning high volume horizontal | ||
hydraulic fracturing operations. The website shall contain, | ||
assemble, and link the documents and information required by | ||
this Act to be posted on the Department's or other agencies' | ||
websites. The Department shall also create and maintain an | ||
online searchable database that provides information related | ||
to high volume horizontal hydraulic fracturing operations on |
wells that, at a minimum, includes include , for each well it | ||
permits, the identity of its operators, its waste disposal, its | ||
chemical disclosure information, and any complaints or | ||
violations under this Act. The website created under this | ||
Section shall allow users to search for completion reports by | ||
well name and location, dates of fracturing and drilling | ||
operations, operator, and by chemical additives.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.) | ||
Section 325. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Section 12.2 as follows: | ||
(230 ILCS 5/12.2) | ||
Sec. 12.2. Business enterprise program. | ||
(a) For the purposes of this Section, the terms "minority", | ||
"minority owned business", "female", "female owned business", | ||
"person with a disability", and "business owned by a person | ||
with a disability" have the meanings meaning ascribed to them | ||
in the Business Enterprise for Minorities, Females, and Persons | ||
with Disabilities Act. | ||
(b) The Board shall, by rule, establish goals for the award | ||
of contracts by each organization licensee or inter-track | ||
wagering licensee to businesses owned by minorities, females, | ||
and persons with disabilities, expressed as percentages of an | ||
organization licensee's or inter-track wagering licensee's | ||
total dollar amount of contracts awarded during each calendar |
year. Each organization licensee or inter-track wagering | ||
licensee must make every effort to meet the goals established | ||
by the Board pursuant to this Section. When setting the goals | ||
for the award of contracts, the Board shall not include | ||
contracts where: (1) licensees are purchasing goods or services | ||
from vendors or suppliers or in markets where there are no or a | ||
limited number of minority owned businesses, women owned | ||
businesses, or businesses owned by persons with disabilities | ||
that would be sufficient to satisfy the goal; (2) there are no | ||
or a limited number of suppliers licensed by the Board; (3) the | ||
licensee or its parent company owns a company that provides the | ||
goods or services; or (4) the goods or services are provided to | ||
the licensee by a publicly traded company. | ||
(c) Each organization licensee or inter-track wagering | ||
licensee shall file with the Board an annual report of its | ||
utilization of minority owned businesses, female owned | ||
businesses, and businesses owned by persons with disabilities | ||
during the preceding calendar year. The reports shall include a | ||
self-evaluation of the efforts of the organization licensee or | ||
inter-track wagering licensee to meet its goals under this | ||
Section. | ||
(d) The organization licensee or inter-track wagering
| ||
licensee shall have the right to request a waiver from the | ||
requirements of this Section. The Board shall grant the waiver | ||
where the organization licensee or inter-track wagering
| ||
licensee demonstrates that there has been made a good faith |
effort to comply with the goals for participation by minority | ||
owned businesses, female
owned businesses, and businesses | ||
owned by persons with
disabilities. | ||
(e) If the Board determines that its goals and policies are | ||
not being met by any organization licensee or inter-track | ||
wagering licensee, then the Board may: | ||
(1) adopt remedies for such violations; and | ||
(2) recommend that the organization licensee or | ||
inter-track wagering licensee provide additional | ||
opportunities for participation by minority owned | ||
businesses, female owned businesses, and businesses owned | ||
by persons with disabilities; such recommendations may | ||
include, but shall not be limited to: | ||
(A) assurances of stronger and better focused
| ||
solicitation efforts to obtain more minority owned | ||
businesses, female owned businesses, and businesses | ||
owned by persons with disabilities as potential | ||
sources of supply; | ||
(B) division of job or project requirements, when
| ||
economically feasible, into tasks or quantities to | ||
permit participation of minority owned businesses, | ||
female owned businesses, and businesses owned by | ||
persons with disabilities; | ||
(C) elimination of extended experience or
| ||
capitalization requirements, when programmatically | ||
feasible, to permit participation of minority owned |
businesses, female owned businesses, and businesses | ||
owned by persons with disabilities; | ||
(D) identification of specific proposed contracts | ||
as
particularly attractive or appropriate for | ||
participation by minority owned businesses, female | ||
owned businesses, and businesses owned by persons with | ||
disabilities, such identification to result from and | ||
be coupled with the efforts of items (A) through (C);
| ||
and | ||
(E) implementation of regulations established
for | ||
the use of the sheltered market process. | ||
(f) The Board shall file, no later than March 1 of each | ||
year, an annual report that shall detail the level of | ||
achievement toward the goals specified in this Section over the | ||
3 most recent fiscal years. The annual report shall include, | ||
but need not be limited to: | ||
(1) a summary detailing expenditures subject
to the | ||
goals, the actual goals specified, and the goals attained | ||
by each organization licensee or inter-track wagering | ||
licensee; | ||
(2) a summary of the number of contracts awarded and
| ||
the average contract amount by each organization licensee | ||
or inter-track wagering licensee; | ||
(3) an analysis of the level of overall goal
| ||
achievement concerning purchases from minority owned | ||
businesses, female owned businesses, and businesses owned |
by persons with disabilities; | ||
(4) an analysis of the number of minority owned | ||
businesses, female owned businesses, and businesses owned | ||
by persons with disabilities that are certified under the | ||
program as well as the number of those businesses that | ||
received State procurement contracts; and | ||
(5) a summary of the number of contracts awarded to
| ||
businesses with annual gross sales of less than $1,000,000; | ||
of $1,000,000 or more, but less than $5,000,000; of | ||
$5,000,000 or more, but less than $10,000,000; and of | ||
$10,000,000 or more.
| ||
(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.) | ||
Section 330. The Riverboat Gambling Act is amended by | ||
changing Section 7.6 as follows: | ||
(230 ILCS 10/7.6) | ||
Sec. 7.6. Business enterprise program. | ||
(a) For the purposes of this Section, the terms "minority", | ||
"minority owned business", "female", "female owned business", | ||
"person with a disability", and "business owned by a person | ||
with a disability" have the meanings meaning ascribed to them | ||
in the Business Enterprise for Minorities, Females, and Persons | ||
with Disabilities Act. | ||
(b) The Board shall, by rule, establish goals for the award | ||
of contracts by each owners licensee to businesses owned by |
minorities, females, and persons with disabilities, expressed | ||
as percentages of an owners licensee's total dollar amount of | ||
contracts awarded during each calendar year. Each owners | ||
licensee must make every effort to meet the goals established | ||
by the Board pursuant to this Section. When setting the goals | ||
for the award of contracts, the Board shall not include | ||
contracts where: (1) any purchasing mandates would be dependent | ||
upon the availability of minority owned businesses, female | ||
owned businesses, and businesses owned by persons with | ||
disabilities ready, willing, and able with capacity to provide | ||
quality goods and services to a gaming operation at reasonable | ||
prices; (2) there are no or a limited number of licensed | ||
suppliers as defined by this Act for the goods or services | ||
provided to the licensee; (3) the licensee or its parent | ||
company owns a company that provides the goods or services; or | ||
(4) the goods or services are provided to the licensee by a | ||
publicly traded company. | ||
(c) Each owners licensee shall file with the Board an | ||
annual report of its utilization of minority owned businesses, | ||
female owned businesses, and businesses owned by persons with | ||
disabilities during the preceding calendar year. The reports | ||
shall include a self-evaluation of the efforts of the owners | ||
licensee to meet its goals under this Section. | ||
(d) The owners licensee shall have the right to request a | ||
waiver from the requirements of this Section. The Board shall | ||
grant the waiver where the owners licensee demonstrates that |
there has been made a good faith effort to comply with the | ||
goals for participation by minority owned businesses, female
| ||
owned businesses, and businesses owned by persons with
| ||
disabilities. | ||
(e) If the Board determines that its goals and policies are | ||
not being met by any owners licensee, then the Board may: | ||
(1) adopt remedies for such violations; and | ||
(2) recommend that the owners licensee provide | ||
additional opportunities for participation by minority | ||
owned businesses, female owned businesses, and businesses | ||
owned by persons with disabilities; such recommendations | ||
may include, but shall not be limited to: | ||
(A) assurances of stronger and better focused
| ||
solicitation efforts to obtain more minority owned | ||
businesses, female owned businesses, and businesses | ||
owned by persons with disabilities as potential | ||
sources of supply; | ||
(B) division of job or project requirements, when
| ||
economically feasible, into tasks or quantities to | ||
permit participation of minority owned businesses, | ||
female owned businesses, and businesses owned by | ||
persons with disabilities; | ||
(C) elimination of extended experience or
| ||
capitalization requirements, when programmatically | ||
feasible, to permit participation of minority owned | ||
businesses, female owned businesses, and businesses |
owned by persons with disabilities; | ||
(D) identification of specific proposed contracts | ||
as
particularly attractive or appropriate for | ||
participation by minority owned businesses, female | ||
owned businesses, and businesses owned by persons with | ||
disabilities, such identification to result from and | ||
be coupled with the efforts of items (A) through (C);
| ||
and | ||
(E) implementation of regulations established
for | ||
the use of the sheltered market process. | ||
(f) The Board shall file, no later than March 1 of each | ||
year, an annual report that shall detail the level of | ||
achievement toward the goals specified in this Section over the | ||
3 most recent fiscal years. The annual report shall include, | ||
but need not be limited to: | ||
(1) a summary detailing expenditures subject
to the | ||
goals, the actual goals specified, and the goals attained | ||
by each owners licensee; and | ||
(2) an analysis of the level of overall goal
| ||
achievement concerning purchases from minority owned | ||
businesses, female owned businesses, and businesses owned | ||
by persons with disabilities.
| ||
(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.) | ||
Section 335. The Liquor Control Act of 1934 is amended by | ||
changing Sections 3-12, 6-15, and 6-36 as follows:
|
(235 ILCS 5/3-12)
| ||
(Text of Section before amendment by P.A. 98-939 ) | ||
Sec. 3-12. Powers and duties of State Commission.
| ||
(a) The State commission shall have the following powers, | ||
functions, and
duties:
| ||
(1) To receive applications and to issue licenses to | ||
manufacturers,
foreign importers, importing distributors, | ||
distributors, non-resident dealers,
on premise consumption | ||
retailers, off premise sale retailers, special event
| ||
retailer licensees, special use permit licenses, auction | ||
liquor licenses, brew
pubs, caterer retailers, | ||
non-beverage users, railroads, including owners and
| ||
lessees of sleeping, dining and cafe cars, airplanes, | ||
boats, brokers, and wine
maker's premises licensees in | ||
accordance with the provisions of this Act, and
to suspend | ||
or revoke such licenses upon the State commission's | ||
determination,
upon notice after hearing, that a licensee | ||
has violated any provision of this
Act or any rule or | ||
regulation issued pursuant thereto and in effect for 30 | ||
days
prior to such violation. Except in the case of an | ||
action taken pursuant to a
violation of Section 6-3, 6-5, | ||
or 6-9, any action by the State Commission to
suspend or | ||
revoke a licensee's license may be limited to the license | ||
for the
specific premises where the violation occurred.
| ||
In lieu of suspending or revoking a license, the |
commission may impose
a fine, upon the State commission's | ||
determination and notice after hearing,
that a licensee has | ||
violated any provision of this Act or any rule or
| ||
regulation issued pursuant thereto and in effect for 30 | ||
days prior to such
violation. | ||
For the purpose of this paragraph (1), when determining | ||
multiple violations for the sale of alcohol to a person | ||
under the age of 21, a second or subsequent violation for | ||
the sale of alcohol to a person under the age of 21 shall | ||
only be considered if it was committed within 5 years after | ||
the date when a prior violation for the sale of alcohol to | ||
a person under the age of 21 was committed. | ||
The fine imposed under this paragraph may not exceed | ||
$500 for each
violation. Each day that the activity, which | ||
gave rise to the original fine,
continues is a separate | ||
violation. The maximum fine that may be levied against
any | ||
licensee, for the period of the license, shall not exceed | ||
$20,000.
The maximum penalty that may be imposed on a | ||
licensee for selling a bottle of
alcoholic liquor with a | ||
foreign object in it or serving from a bottle of
alcoholic | ||
liquor with a foreign object in it shall be the destruction | ||
of that
bottle of alcoholic liquor for the first 10 bottles | ||
so sold or served from by
the licensee. For the eleventh | ||
bottle of alcoholic liquor and for each third
bottle | ||
thereafter sold or served from by the licensee with a | ||
foreign object in
it, the maximum penalty that may be |
imposed on the licensee is the destruction
of the bottle of | ||
alcoholic liquor and a fine of up to $50.
| ||
(2) To adopt such rules and regulations consistent with | ||
the
provisions of this Act which shall be necessary to | ||
carry on its
functions and duties to the end that the | ||
health, safety and welfare of
the People of the State of | ||
Illinois shall be protected and temperance in
the | ||
consumption of alcoholic liquors shall be fostered and | ||
promoted and
to distribute copies of such rules and | ||
regulations to all licensees
affected thereby.
| ||
(3) To call upon other administrative departments of | ||
the State,
county and municipal governments, county and | ||
city police departments and
upon prosecuting officers for | ||
such information and assistance as it
deems necessary in | ||
the performance of its duties.
| ||
(4) To recommend to local commissioners rules and | ||
regulations, not
inconsistent with the law, for the | ||
distribution and sale of alcoholic
liquors throughout the | ||
State.
| ||
(5) To inspect, or cause to be inspected, any
premises | ||
in this State
where alcoholic liquors are manufactured, | ||
distributed, warehoused, or
sold. Nothing in this Act
| ||
authorizes an agent of the Commission to inspect private
| ||
areas within the premises without reasonable suspicion or a | ||
warrant
during an inspection. "Private areas" include, but | ||
are not limited to, safes, personal property, and closed |
desks.
| ||
(5.1) Upon receipt of a complaint or upon having | ||
knowledge that any person
is engaged in business as a | ||
manufacturer, importing distributor, distributor,
or | ||
retailer without a license or valid license, to notify the | ||
local liquor
authority, file a complaint with the State's | ||
Attorney's Office of the county
where the incident | ||
occurred, or initiate an investigation with the | ||
appropriate
law enforcement officials.
| ||
(5.2) To issue a cease and desist notice to persons | ||
shipping alcoholic
liquor
into this State from a point | ||
outside of this State if the shipment is in
violation of | ||
this Act.
| ||
(5.3) To receive complaints from licensees, local | ||
officials, law
enforcement agencies, organizations, and | ||
persons stating that any licensee has
been or is violating | ||
any provision of this Act or the rules and regulations
| ||
issued pursuant to this Act. Such complaints shall be in | ||
writing, signed and
sworn to by the person making the | ||
complaint, and shall state with specificity
the facts in | ||
relation to the alleged violation. If the Commission has
| ||
reasonable grounds to believe that the complaint | ||
substantially alleges a
violation of this Act or rules and | ||
regulations adopted pursuant to this Act, it
shall conduct | ||
an investigation. If, after conducting an investigation, | ||
the
Commission is satisfied that the alleged violation did |
occur, it shall proceed
with disciplinary action against | ||
the licensee as provided in this Act.
| ||
(6) To hear and determine appeals from orders of a | ||
local commission
in accordance with the provisions of this | ||
Act, as hereinafter set forth.
Hearings under this | ||
subsection shall be held in Springfield or Chicago,
at | ||
whichever location is the more convenient for the majority | ||
of persons
who are parties to the hearing.
| ||
(7) The commission shall establish uniform systems of | ||
accounts to be
kept by all retail licensees having more | ||
than 4 employees, and for this
purpose the commission may | ||
classify all retail licensees having more
than 4 employees | ||
and establish a uniform system of accounts for each
class | ||
and prescribe the manner in which such accounts shall be | ||
kept.
The commission may also prescribe the forms of | ||
accounts to be kept by
all retail licensees having more | ||
than 4 employees, including but not
limited to accounts of | ||
earnings and expenses and any distribution,
payment, or | ||
other distribution of earnings or assets, and any other
| ||
forms, records and memoranda which in the judgment of the | ||
commission may
be necessary or appropriate to carry out any | ||
of the provisions of this
Act, including but not limited to | ||
such forms, records and memoranda as
will readily and | ||
accurately disclose at all times the beneficial
ownership | ||
of such retail licensed business. The accounts, forms,
| ||
records and memoranda shall be available at all reasonable |
times for
inspection by authorized representatives of the | ||
State commission or by
any local liquor control | ||
commissioner or his or her authorized representative.
The | ||
commission, may, from time to time, alter, amend or repeal, | ||
in whole
or in part, any uniform system of accounts, or the | ||
form and manner of
keeping accounts.
| ||
(8) In the conduct of any hearing authorized to be held | ||
by the
commission, to appoint, at the commission's | ||
discretion, hearing officers
to conduct hearings involving | ||
complex issues or issues that will require a
protracted | ||
period of time to resolve, to examine, or cause to be | ||
examined,
under oath, any licensee, and to examine or cause | ||
to be examined the books and
records
of such licensee; to | ||
hear testimony and take proof material for its
information | ||
in the discharge of its duties hereunder; to administer or
| ||
cause to be administered oaths; for any such purpose to | ||
issue
subpoena or subpoenas to require the attendance of | ||
witnesses and the
production of books, which shall be | ||
effective in any part of this State, and
to adopt rules to | ||
implement its powers under this paragraph (8).
| ||
Any Circuit Court may by order duly entered,
require | ||
the attendance of witnesses and the production of relevant | ||
books
subpoenaed by the State commission and the court may | ||
compel
obedience to its order by proceedings for contempt.
| ||
(9) To investigate the administration of laws in | ||
relation to
alcoholic liquors in this and other states and |
any foreign countries,
and to recommend from time to time | ||
to the Governor and through him or
her to the legislature | ||
of this State, such amendments to this Act, if any, as
it | ||
may think desirable and as will serve to further the | ||
general broad
purposes contained in Section 1-2 hereof.
| ||
(10) To adopt such rules and regulations consistent | ||
with the
provisions of this Act which shall be necessary | ||
for the control, sale or
disposition of alcoholic liquor | ||
damaged as a result of an accident, wreck,
flood, fire or | ||
other similar occurrence.
| ||
(11) To develop industry educational programs related | ||
to responsible
serving and selling, particularly in the | ||
areas of overserving consumers and
illegal underage | ||
purchasing and consumption of alcoholic beverages.
| ||
(11.1) To license persons providing education and | ||
training to alcohol
beverage sellers and servers under the
| ||
Beverage Alcohol Sellers and Servers
Education and | ||
Training (BASSET) programs and to develop and administer a | ||
public
awareness program in Illinois to reduce or eliminate | ||
the illegal purchase and
consumption of alcoholic beverage | ||
products by persons under the age of 21.
Application for a | ||
license shall be made on forms provided by the State
| ||
Commission.
| ||
(12) To develop and maintain a repository of license | ||
and regulatory
information.
| ||
(13) On or before January 15, 1994, the Commission |
shall issue
a written report to the Governor and General | ||
Assembly that is to be based on a
comprehensive study of | ||
the impact on and implications for the State of Illinois
of | ||
Section 1926 of the Federal ADAMHA Reorganization Act of | ||
1992 (Public Law
102-321). This study shall address the | ||
extent to which Illinois currently
complies with the | ||
provisions of P.L. 102-321 and the rules promulgated | ||
pursuant
thereto.
| ||
As part of its report, the Commission shall provide the | ||
following essential
information:
| ||
(i) the number of retail distributors of tobacco | ||
products, by type and
geographic area, in the State;
| ||
(ii) the number of reported citations and | ||
successful convictions,
categorized by type and | ||
location of retail distributor, for violation of the
| ||
Prevention of Tobacco Use by Minors and Sale and | ||
Distribution of Tobacco Products Act and the Smokeless
| ||
Tobacco Limitation Act;
| ||
(iii) the extent and nature of organized | ||
educational and governmental
activities that are | ||
intended to promote, encourage or otherwise secure
| ||
compliance with any Illinois laws that prohibit the | ||
sale or distribution of
tobacco products to minors; and
| ||
(iv) the level of access and availability of | ||
tobacco products to
individuals under the age of 18.
| ||
To obtain the data necessary to comply with the |
provisions of P.L. 102-321
and the requirements of this | ||
report, the Commission shall conduct random,
unannounced | ||
inspections of a geographically and scientifically | ||
representative
sample of the State's retail tobacco | ||
distributors.
| ||
The Commission shall consult with the Department of | ||
Public Health, the
Department of Human Services, the
| ||
Illinois State Police and any
other executive branch | ||
agency, and private organizations that may have
| ||
information relevant to this report.
| ||
The Commission may contract with the Food and Drug | ||
Administration of the
U.S. Department of Health and Human | ||
Services to conduct unannounced
investigations of Illinois | ||
tobacco vendors to determine compliance with federal
laws | ||
relating to the illegal sale of cigarettes and smokeless | ||
tobacco products
to persons under the age of 18.
| ||
(14) On or before April 30, 2008 and every 2 years
| ||
thereafter, the Commission shall present a written
report | ||
to the Governor and the General Assembly that shall
be | ||
based on a study of the impact of this amendatory Act of
| ||
the 95th General Assembly on the business of soliciting,
| ||
selling, and shipping wine from inside and outside of this
| ||
State directly to residents of this State. As part of its
| ||
report, the Commission shall provide all of the
following | ||
information: | ||
(A) The amount of State excise and sales tax
|
revenues generated. | ||
(B) The amount of licensing fees received. | ||
(C) The number of cases of wine shipped from inside
| ||
and outside of this State directly to residents of this
| ||
State. | ||
(D) The number of alcohol compliance operations
| ||
conducted. | ||
(E) The number of winery shipper's licenses
| ||
issued. | ||
(F) The number of each of the following: reported
| ||
violations; cease and desist notices issued by the
| ||
Commission; notices of violations issued by
the | ||
Commission and to the Department of Revenue;
and | ||
notices and complaints of violations to law
| ||
enforcement officials, including, without limitation,
| ||
the Illinois Attorney General and the U.S. Department
| ||
of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||
(15) As a means to reduce the underage consumption of
| ||
alcoholic liquors, the Commission shall conduct
alcohol | ||
compliance operations to investigate whether
businesses | ||
that are soliciting, selling, and shipping wine
from inside | ||
or outside of this State directly to residents
of this | ||
State are licensed by this State or are selling or
| ||
attempting to sell wine to persons under 21 years of age in
| ||
violation of this Act. | ||
(16) The Commission shall, in addition to
notifying any |
appropriate law enforcement agency, submit
notices of | ||
complaints or violations of Sections 6-29 and
6-29.1 by | ||
persons who do not hold a winery shipper's
license under | ||
this amendatory Act to the Illinois Attorney General and
to | ||
the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||
and Trade Bureau. | ||
(17) (A) A person licensed to make wine under the laws | ||
of another state who has a winery shipper's license under | ||
this amendatory Act and annually produces less than 25,000 | ||
gallons of wine or a person who has a first-class or | ||
second-class wine manufacturer's license, a first-class or | ||
second-class wine-maker's license, or a limited wine | ||
manufacturer's license under this Act and annually | ||
produces less than 25,000 gallons of wine may make | ||
application to the Commission for a self-distribution | ||
exemption to allow the sale of not more than 5,000 gallons | ||
of the exemption holder's wine to retail licensees per | ||
year. | ||
(B) In the application, which shall be sworn under | ||
penalty of perjury, such person shall state (1) the | ||
date it was established; (2) its volume of production | ||
and sales for each year since its establishment; (3) | ||
its efforts to establish distributor relationships; | ||
(4) that a self-distribution exemption is necessary to | ||
facilitate the marketing of its wine; and (5) that it | ||
will comply with the liquor and revenue laws of the |
United States, this State, and any other state where it | ||
is licensed. | ||
(C) The Commission shall approve the application | ||
for a self-distribution exemption if such person: (1) | ||
is in compliance with State revenue and liquor laws; | ||
(2) is not a member of any affiliated group that | ||
produces more than 25,000 gallons of wine per annum or | ||
produces any other alcoholic liquor; (3) will not | ||
annually produce for sale more than 25,000 gallons of | ||
wine; and (4) will not annually sell more than 5,000 | ||
gallons of its wine to retail licensees. | ||
(D) A self-distribution exemption holder shall | ||
annually certify to the Commission its production of | ||
wine in the previous 12 months and its anticipated | ||
production and sales for the next 12 months. The | ||
Commission may fine, suspend, or revoke a | ||
self-distribution exemption after a hearing if it | ||
finds that the exemption holder has made a material | ||
misrepresentation in its application, violated a | ||
revenue or liquor law of Illinois, exceeded production | ||
of 25,000 gallons of wine in any calendar year, or | ||
become part of an affiliated group producing more than | ||
25,000 gallons of wine or any other alcoholic liquor. | ||
(E) Except in hearings for violations of this Act | ||
or amendatory Act or a bona fide investigation by duly | ||
sworn law enforcement officials, the Commission, or |
its agents, the Commission shall maintain the | ||
production and sales information of a | ||
self-distribution exemption holder as confidential and | ||
shall not release such information to any person. | ||
(F) The Commission shall issue regulations | ||
governing self-distribution exemptions consistent with | ||
this Section and this Act. | ||
(G) Nothing in this subsection (17) shall prohibit | ||
a self-distribution exemption holder from entering | ||
into or simultaneously having a distribution agreement | ||
with a licensed Illinois distributor. | ||
(H) It is the intent of this subsection (17) to | ||
promote and continue orderly markets. The General | ||
Assembly finds that in order to preserve Illinois' | ||
regulatory distribution system it is necessary to | ||
create an exception for smaller makers of wine as their | ||
wines are frequently adjusted in varietals, mixes, | ||
vintages, and taste to find and create market niches | ||
sometimes too small for distributor or importing | ||
distributor business strategies. Limited | ||
self-distribution rights will afford and allow smaller | ||
makers of wine access to the marketplace in order to | ||
develop a customer base without impairing the | ||
integrity of the 3-tier system.
| ||
(18) (A) A craft brewer licensee, who must also be | ||
either a licensed brewer or licensed non-resident dealer |
and annually manufacture less than 930,000 gallons of beer, | ||
may make application to the Commission for a | ||
self-distribution exemption to allow the sale of not more | ||
than 232,500 gallons of the exemption holder's beer to | ||
retail licensees per year. | ||
(B) In the application, which shall be sworn under | ||
penalty of perjury, the craft brewer licensee shall | ||
state (1) the date it was established; (2) its volume | ||
of beer manufactured and sold for each year since its | ||
establishment; (3) its efforts to establish | ||
distributor relationships; (4) that a | ||
self-distribution exemption is necessary to facilitate | ||
the marketing of its beer; and (5) that it will comply | ||
with the alcoholic beverage and revenue laws of the | ||
United States, this State, and any other state where it | ||
is licensed. | ||
(C) Any application submitted shall be posted on | ||
the Commission's website at least 45 days prior to | ||
action by the Commission. The Commission shall approve | ||
the application for a self-distribution exemption if | ||
the craft brewer licensee: (1) is in compliance with | ||
the State, revenue, and alcoholic beverage laws; (2) is | ||
not a member of any affiliated group that manufacturers | ||
more than 930,000 gallons of beer per annum or produces | ||
any other alcoholic beverages; (3) shall not annually | ||
manufacture for sale more than 930,000 gallons of beer; |
and (4) shall not annually sell more than 232,500 | ||
gallons of its beer to retail licensees. | ||
(D) A self-distribution exemption holder shall | ||
annually certify to the Commission its manufacture of | ||
beer during the previous 12 months and its anticipated | ||
manufacture and sales of beer for the next 12 months. | ||
The Commission may fine, suspend, or revoke a | ||
self-distribution exemption after a hearing if it | ||
finds that the exemption holder has made a material | ||
misrepresentation in its application, violated a | ||
revenue or alcoholic beverage law of Illinois, | ||
exceeded the manufacture of 930,000 gallons of beer in | ||
any calendar year or became part of an affiliated group | ||
manufacturing more than 930,000 gallons of beer or any | ||
other alcoholic beverage. | ||
(E) The Commission shall issue rules and | ||
regulations governing self-distribution exemptions | ||
consistent with this Act. | ||
(F) Nothing in this paragraph (18) shall prohibit a | ||
self-distribution exemption holder from entering into | ||
or simultaneously having a distribution agreement with | ||
a licensed Illinois importing distributor or a | ||
distributor. If a self-distribution exemption holder | ||
enters into a distribution agreement and has assigned | ||
distribution rights to an importing distributor or | ||
distributor, then the self-distribution exemption |
holder's distribution rights in the assigned | ||
territories shall cease in a reasonable time not to | ||
exceed 60 days. | ||
(G) It is the intent of this paragraph (18) to | ||
promote and continue orderly markets. The General | ||
Assembly finds that in order to preserve Illinois' | ||
regulatory distribution system, it is necessary to | ||
create an exception for smaller manufacturers in order | ||
to afford and allow such smaller manufacturers of beer | ||
access to the marketplace in order to develop a | ||
customer base without impairing the integrity of the | ||
3-tier system. | ||
(b) On or before April 30, 1999, the Commission shall | ||
present a written
report to the Governor and the General | ||
Assembly that shall be based on a study
of the impact of this | ||
amendatory Act of 1998 on the business of soliciting,
selling, | ||
and shipping
alcoholic liquor from outside of this State | ||
directly to residents of this
State.
| ||
As part of its report, the Commission shall provide the | ||
following
information:
| ||
(i) the amount of State excise and sales tax revenues | ||
generated as a
result of this amendatory Act of 1998;
| ||
(ii) the amount of licensing fees received as a result | ||
of this amendatory
Act of 1998;
| ||
(iii) the number of reported violations, the number of | ||
cease and desist
notices issued by the Commission, the |
number of notices of violations issued
to the Department of | ||
Revenue, and the number of notices and complaints of
| ||
violations to law enforcement officials.
| ||
(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941, | ||
eff. 1-1-15.)
| ||
(Text of Section after amendment by P.A. 98-939 )
| ||
Sec. 3-12. Powers and duties of State Commission.
| ||
(a) The State commission shall have the following powers, | ||
functions, and
duties:
| ||
(1) To receive applications and to issue licenses to | ||
manufacturers,
foreign importers, importing distributors, | ||
distributors, non-resident dealers,
on premise consumption | ||
retailers, off premise sale retailers, special event
| ||
retailer licensees, special use permit licenses, auction | ||
liquor licenses, brew
pubs, caterer retailers, | ||
non-beverage users, railroads, including owners and
| ||
lessees of sleeping, dining and cafe cars, airplanes, | ||
boats, brokers, and wine
maker's premises licensees in | ||
accordance with the provisions of this Act, and
to suspend | ||
or revoke such licenses upon the State commission's | ||
determination,
upon notice after hearing, that a licensee | ||
has violated any provision of this
Act or any rule or | ||
regulation issued pursuant thereto and in effect for 30 | ||
days
prior to such violation. Except in the case of an | ||
action taken pursuant to a
violation of Section 6-3, 6-5, |
or 6-9, any action by the State Commission to
suspend or | ||
revoke a licensee's license may be limited to the license | ||
for the
specific premises where the violation occurred.
| ||
In lieu of suspending or revoking a license, the | ||
commission may impose
a fine, upon the State commission's | ||
determination and notice after hearing,
that a licensee has | ||
violated any provision of this Act or any rule or
| ||
regulation issued pursuant thereto and in effect for 30 | ||
days prior to such
violation. | ||
For the purpose of this paragraph (1), when determining | ||
multiple violations for the sale of alcohol to a person | ||
under the age of 21, a second or subsequent violation for | ||
the sale of alcohol to a person under the age of 21 shall | ||
only be considered if it was committed within 5 years after | ||
the date when a prior violation for the sale of alcohol to | ||
a person under the age of 21 was committed. | ||
The fine imposed under this paragraph may not exceed | ||
$500 for each
violation. Each day that the activity, which | ||
gave rise to the original fine,
continues is a separate | ||
violation. The maximum fine that may be levied against
any | ||
licensee, for the period of the license, shall not exceed | ||
$20,000.
The maximum penalty that may be imposed on a | ||
licensee for selling a bottle of
alcoholic liquor with a | ||
foreign object in it or serving from a bottle of
alcoholic | ||
liquor with a foreign object in it shall be the destruction | ||
of that
bottle of alcoholic liquor for the first 10 bottles |
so sold or served from by
the licensee. For the eleventh | ||
bottle of alcoholic liquor and for each third
bottle | ||
thereafter sold or served from by the licensee with a | ||
foreign object in
it, the maximum penalty that may be | ||
imposed on the licensee is the destruction
of the bottle of | ||
alcoholic liquor and a fine of up to $50.
| ||
(2) To adopt such rules and regulations consistent with | ||
the
provisions of this Act which shall be necessary to | ||
carry on its
functions and duties to the end that the | ||
health, safety and welfare of
the People of the State of | ||
Illinois shall be protected and temperance in
the | ||
consumption of alcoholic liquors shall be fostered and | ||
promoted and
to distribute copies of such rules and | ||
regulations to all licensees
affected thereby.
| ||
(3) To call upon other administrative departments of | ||
the State,
county and municipal governments, county and | ||
city police departments and
upon prosecuting officers for | ||
such information and assistance as it
deems necessary in | ||
the performance of its duties.
| ||
(4) To recommend to local commissioners rules and | ||
regulations, not
inconsistent with the law, for the | ||
distribution and sale of alcoholic
liquors throughout the | ||
State.
| ||
(5) To inspect, or cause to be inspected, any
premises | ||
in this State
where alcoholic liquors are manufactured, | ||
distributed, warehoused, or
sold. Nothing in this Act
|
authorizes an agent of the Commission to inspect private
| ||
areas within the premises without reasonable suspicion or a | ||
warrant
during an inspection. "Private areas" include, but | ||
are not limited to, safes, personal property, and closed | ||
desks.
| ||
(5.1) Upon receipt of a complaint or upon having | ||
knowledge that any person
is engaged in business as a | ||
manufacturer, importing distributor, distributor,
or | ||
retailer without a license or valid license, to notify the | ||
local liquor
authority, file a complaint with the State's | ||
Attorney's Office of the county
where the incident | ||
occurred, or initiate an investigation with the | ||
appropriate
law enforcement officials.
| ||
(5.2) To issue a cease and desist notice to persons | ||
shipping alcoholic
liquor
into this State from a point | ||
outside of this State if the shipment is in
violation of | ||
this Act.
| ||
(5.3) To receive complaints from licensees, local | ||
officials, law
enforcement agencies, organizations, and | ||
persons stating that any licensee has
been or is violating | ||
any provision of this Act or the rules and regulations
| ||
issued pursuant to this Act. Such complaints shall be in | ||
writing, signed and
sworn to by the person making the | ||
complaint, and shall state with specificity
the facts in | ||
relation to the alleged violation. If the Commission has
| ||
reasonable grounds to believe that the complaint |
substantially alleges a
violation of this Act or rules and | ||
regulations adopted pursuant to this Act, it
shall conduct | ||
an investigation. If, after conducting an investigation, | ||
the
Commission is satisfied that the alleged violation did | ||
occur, it shall proceed
with disciplinary action against | ||
the licensee as provided in this Act.
| ||
(6) To hear and determine appeals from orders of a | ||
local commission
in accordance with the provisions of this | ||
Act, as hereinafter set forth.
Hearings under this | ||
subsection shall be held in Springfield or Chicago,
at | ||
whichever location is the more convenient for the majority | ||
of persons
who are parties to the hearing.
| ||
(7) The commission shall establish uniform systems of | ||
accounts to be
kept by all retail licensees having more | ||
than 4 employees, and for this
purpose the commission may | ||
classify all retail licensees having more
than 4 employees | ||
and establish a uniform system of accounts for each
class | ||
and prescribe the manner in which such accounts shall be | ||
kept.
The commission may also prescribe the forms of | ||
accounts to be kept by
all retail licensees having more | ||
than 4 employees, including but not
limited to accounts of | ||
earnings and expenses and any distribution,
payment, or | ||
other distribution of earnings or assets, and any other
| ||
forms, records and memoranda which in the judgment of the | ||
commission may
be necessary or appropriate to carry out any | ||
of the provisions of this
Act, including but not limited to |
such forms, records and memoranda as
will readily and | ||
accurately disclose at all times the beneficial
ownership | ||
of such retail licensed business. The accounts, forms,
| ||
records and memoranda shall be available at all reasonable | ||
times for
inspection by authorized representatives of the | ||
State commission or by
any local liquor control | ||
commissioner or his or her authorized representative.
The | ||
commission, may, from time to time, alter, amend or repeal, | ||
in whole
or in part, any uniform system of accounts, or the | ||
form and manner of
keeping accounts.
| ||
(8) In the conduct of any hearing authorized to be held | ||
by the
commission, to appoint, at the commission's | ||
discretion, hearing officers
to conduct hearings involving | ||
complex issues or issues that will require a
protracted | ||
period of time to resolve, to examine, or cause to be | ||
examined,
under oath, any licensee, and to examine or cause | ||
to be examined the books and
records
of such licensee; to | ||
hear testimony and take proof material for its
information | ||
in the discharge of its duties hereunder; to administer or
| ||
cause to be administered oaths; for any such purpose to | ||
issue
subpoena or subpoenas to require the attendance of | ||
witnesses and the
production of books, which shall be | ||
effective in any part of this State, and
to adopt rules to | ||
implement its powers under this paragraph (8).
| ||
Any Circuit Court may by order duly entered,
require | ||
the attendance of witnesses and the production of relevant |
books
subpoenaed by the State commission and the court may | ||
compel
obedience to its order by proceedings for contempt.
| ||
(9) To investigate the administration of laws in | ||
relation to
alcoholic liquors in this and other states and | ||
any foreign countries,
and to recommend from time to time | ||
to the Governor and through him or
her to the legislature | ||
of this State, such amendments to this Act, if any, as
it | ||
may think desirable and as will serve to further the | ||
general broad
purposes contained in Section 1-2 hereof.
| ||
(10) To adopt such rules and regulations consistent | ||
with the
provisions of this Act which shall be necessary | ||
for the control, sale or
disposition of alcoholic liquor | ||
damaged as a result of an accident, wreck,
flood, fire or | ||
other similar occurrence.
| ||
(11) To develop industry educational programs related | ||
to responsible
serving and selling, particularly in the | ||
areas of overserving consumers and
illegal underage | ||
purchasing and consumption of alcoholic beverages.
| ||
(11.1) To license persons providing education and | ||
training to alcohol
beverage sellers and servers for | ||
mandatory and non-mandatory training under the
Beverage | ||
Alcohol Sellers and Servers
Education and Training | ||
(BASSET) programs and to develop and administer a public
| ||
awareness program in Illinois to reduce or eliminate the | ||
illegal purchase and
consumption of alcoholic beverage | ||
products by persons under the age of 21.
Application for a |
license shall be made on forms provided by the State
| ||
Commission.
| ||
(12) To develop and maintain a repository of license | ||
and regulatory
information.
| ||
(13) On or before January 15, 1994, the Commission | ||
shall issue
a written report to the Governor and General | ||
Assembly that is to be based on a
comprehensive study of | ||
the impact on and implications for the State of Illinois
of | ||
Section 1926 of the Federal ADAMHA Reorganization Act of | ||
1992 (Public Law
102-321). This study shall address the | ||
extent to which Illinois currently
complies with the | ||
provisions of P.L. 102-321 and the rules promulgated | ||
pursuant
thereto.
| ||
As part of its report, the Commission shall provide the | ||
following essential
information:
| ||
(i) the number of retail distributors of tobacco | ||
products, by type and
geographic area, in the State;
| ||
(ii) the number of reported citations and | ||
successful convictions,
categorized by type and | ||
location of retail distributor, for violation of the
| ||
Prevention of Tobacco Use by Minors and Sale and | ||
Distribution of Tobacco Products Act and the Smokeless
| ||
Tobacco Limitation Act;
| ||
(iii) the extent and nature of organized | ||
educational and governmental
activities that are | ||
intended to promote, encourage or otherwise secure
|
compliance with any Illinois laws that prohibit the | ||
sale or distribution of
tobacco products to minors; and
| ||
(iv) the level of access and availability of | ||
tobacco products to
individuals under the age of 18.
| ||
To obtain the data necessary to comply with the | ||
provisions of P.L. 102-321
and the requirements of this | ||
report, the Commission shall conduct random,
unannounced | ||
inspections of a geographically and scientifically | ||
representative
sample of the State's retail tobacco | ||
distributors.
| ||
The Commission shall consult with the Department of | ||
Public Health, the
Department of Human Services, the
| ||
Illinois State Police and any
other executive branch | ||
agency, and private organizations that may have
| ||
information relevant to this report.
| ||
The Commission may contract with the Food and Drug | ||
Administration of the
U.S. Department of Health and Human | ||
Services to conduct unannounced
investigations of Illinois | ||
tobacco vendors to determine compliance with federal
laws | ||
relating to the illegal sale of cigarettes and smokeless | ||
tobacco products
to persons under the age of 18.
| ||
(14) On or before April 30, 2008 and every 2 years
| ||
thereafter, the Commission shall present a written
report | ||
to the Governor and the General Assembly that shall
be | ||
based on a study of the impact of this amendatory Act of
| ||
the 95th General Assembly on the business of soliciting,
|
selling, and shipping wine from inside and outside of this
| ||
State directly to residents of this State. As part of its
| ||
report, the Commission shall provide all of the
following | ||
information: | ||
(A) The amount of State excise and sales tax
| ||
revenues generated. | ||
(B) The amount of licensing fees received. | ||
(C) The number of cases of wine shipped from inside
| ||
and outside of this State directly to residents of this
| ||
State. | ||
(D) The number of alcohol compliance operations
| ||
conducted. | ||
(E) The number of winery shipper's licenses
| ||
issued. | ||
(F) The number of each of the following: reported
| ||
violations; cease and desist notices issued by the
| ||
Commission; notices of violations issued by
the | ||
Commission and to the Department of Revenue;
and | ||
notices and complaints of violations to law
| ||
enforcement officials, including, without limitation,
| ||
the Illinois Attorney General and the U.S. Department
| ||
of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||
(15) As a means to reduce the underage consumption of
| ||
alcoholic liquors, the Commission shall conduct
alcohol | ||
compliance operations to investigate whether
businesses | ||
that are soliciting, selling, and shipping wine
from inside |
or outside of this State directly to residents
of this | ||
State are licensed by this State or are selling or
| ||
attempting to sell wine to persons under 21 years of age in
| ||
violation of this Act. | ||
(16) The Commission shall, in addition to
notifying any | ||
appropriate law enforcement agency, submit
notices of | ||
complaints or violations of Sections 6-29 and
6-29.1 by | ||
persons who do not hold a winery shipper's
license under | ||
this amendatory Act to the Illinois Attorney General and
to | ||
the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||
and Trade Bureau. | ||
(17) (A) A person licensed to make wine under the laws | ||
of another state who has a winery shipper's license under | ||
this amendatory Act and annually produces less than 25,000 | ||
gallons of wine or a person who has a first-class or | ||
second-class wine manufacturer's license, a first-class or | ||
second-class wine-maker's license, or a limited wine | ||
manufacturer's license under this Act and annually | ||
produces less than 25,000 gallons of wine may make | ||
application to the Commission for a self-distribution | ||
exemption to allow the sale of not more than 5,000 gallons | ||
of the exemption holder's wine to retail licensees per | ||
year. | ||
(B) In the application, which shall be sworn under | ||
penalty of perjury, such person shall state (1) the | ||
date it was established; (2) its volume of production |
and sales for each year since its establishment; (3) | ||
its efforts to establish distributor relationships; | ||
(4) that a self-distribution exemption is necessary to | ||
facilitate the marketing of its wine; and (5) that it | ||
will comply with the liquor and revenue laws of the | ||
United States, this State, and any other state where it | ||
is licensed. | ||
(C) The Commission shall approve the application | ||
for a self-distribution exemption if such person: (1) | ||
is in compliance with State revenue and liquor laws; | ||
(2) is not a member of any affiliated group that | ||
produces more than 25,000 gallons of wine per annum or | ||
produces any other alcoholic liquor; (3) will not | ||
annually produce for sale more than 25,000 gallons of | ||
wine; and (4) will not annually sell more than 5,000 | ||
gallons of its wine to retail licensees. | ||
(D) A self-distribution exemption holder shall | ||
annually certify to the Commission its production of | ||
wine in the previous 12 months and its anticipated | ||
production and sales for the next 12 months. The | ||
Commission may fine, suspend, or revoke a | ||
self-distribution exemption after a hearing if it | ||
finds that the exemption holder has made a material | ||
misrepresentation in its application, violated a | ||
revenue or liquor law of Illinois, exceeded production | ||
of 25,000 gallons of wine in any calendar year, or |
become part of an affiliated group producing more than | ||
25,000 gallons of wine or any other alcoholic liquor. | ||
(E) Except in hearings for violations of this Act | ||
or amendatory Act or a bona fide investigation by duly | ||
sworn law enforcement officials, the Commission, or | ||
its agents, the Commission shall maintain the | ||
production and sales information of a | ||
self-distribution exemption holder as confidential and | ||
shall not release such information to any person. | ||
(F) The Commission shall issue regulations | ||
governing self-distribution exemptions consistent with | ||
this Section and this Act. | ||
(G) Nothing in this subsection (17) shall prohibit | ||
a self-distribution exemption holder from entering | ||
into or simultaneously having a distribution agreement | ||
with a licensed Illinois distributor. | ||
(H) It is the intent of this subsection (17) to | ||
promote and continue orderly markets. The General | ||
Assembly finds that in order to preserve Illinois' | ||
regulatory distribution system it is necessary to | ||
create an exception for smaller makers of wine as their | ||
wines are frequently adjusted in varietals, mixes, | ||
vintages, and taste to find and create market niches | ||
sometimes too small for distributor or importing | ||
distributor business strategies. Limited | ||
self-distribution rights will afford and allow smaller |
makers of wine access to the marketplace in order to | ||
develop a customer base without impairing the | ||
integrity of the 3-tier system.
| ||
(18) (A) A craft brewer licensee, who must also be | ||
either a licensed brewer or licensed non-resident dealer | ||
and annually manufacture less than 930,000 gallons of beer, | ||
may make application to the Commission for a | ||
self-distribution exemption to allow the sale of not more | ||
than 232,500 gallons of the exemption holder's beer to | ||
retail licensees per year. | ||
(B) In the application, which shall be sworn under | ||
penalty of perjury, the craft brewer licensee shall | ||
state (1) the date it was established; (2) its volume | ||
of beer manufactured and sold for each year since its | ||
establishment; (3) its efforts to establish | ||
distributor relationships; (4) that a | ||
self-distribution exemption is necessary to facilitate | ||
the marketing of its beer; and (5) that it will comply | ||
with the alcoholic beverage and revenue laws of the | ||
United States, this State, and any other state where it | ||
is licensed. | ||
(C) Any application submitted shall be posted on | ||
the Commission's website at least 45 days prior to | ||
action by the Commission. The Commission shall approve | ||
the application for a self-distribution exemption if | ||
the craft brewer licensee: (1) is in compliance with |
the State, revenue, and alcoholic beverage laws; (2) is | ||
not a member of any affiliated group that manufacturers | ||
more than 930,000 gallons of beer per annum or produces | ||
any other alcoholic beverages; (3) shall not annually | ||
manufacture for sale more than 930,000 gallons of beer; | ||
and (4) shall not annually sell more than 232,500 | ||
gallons of its beer to retail licensees. | ||
(D) A self-distribution exemption holder shall | ||
annually certify to the Commission its manufacture of | ||
beer during the previous 12 months and its anticipated | ||
manufacture and sales of beer for the next 12 months. | ||
The Commission may fine, suspend, or revoke a | ||
self-distribution exemption after a hearing if it | ||
finds that the exemption holder has made a material | ||
misrepresentation in its application, violated a | ||
revenue or alcoholic beverage law of Illinois, | ||
exceeded the manufacture of 930,000 gallons of beer in | ||
any calendar year or became part of an affiliated group | ||
manufacturing more than 930,000 gallons of beer or any | ||
other alcoholic beverage. | ||
(E) The Commission shall issue rules and | ||
regulations governing self-distribution exemptions | ||
consistent with this Act. | ||
(F) Nothing in this paragraph (18) shall prohibit a | ||
self-distribution exemption holder from entering into | ||
or simultaneously having a distribution agreement with |
a licensed Illinois importing distributor or a | ||
distributor. If a self-distribution exemption holder | ||
enters into a distribution agreement and has assigned | ||
distribution rights to an importing distributor or | ||
distributor, then the self-distribution exemption | ||
holder's distribution rights in the assigned | ||
territories shall cease in a reasonable time not to | ||
exceed 60 days. | ||
(G) It is the intent of this paragraph (18) to | ||
promote and continue orderly markets. The General | ||
Assembly finds that in order to preserve Illinois' | ||
regulatory distribution system, it is necessary to | ||
create an exception for smaller manufacturers in order | ||
to afford and allow such smaller manufacturers of beer | ||
access to the marketplace in order to develop a | ||
customer base without impairing the integrity of the | ||
3-tier system. | ||
(b) On or before April 30, 1999, the Commission shall | ||
present a written
report to the Governor and the General | ||
Assembly that shall be based on a study
of the impact of this | ||
amendatory Act of 1998 on the business of soliciting,
selling, | ||
and shipping
alcoholic liquor from outside of this State | ||
directly to residents of this
State.
| ||
As part of its report, the Commission shall provide the | ||
following
information:
| ||
(i) the amount of State excise and sales tax revenues |
generated as a
result of this amendatory Act of 1998;
| ||
(ii) the amount of licensing fees received as a result | ||
of this amendatory
Act of 1998;
| ||
(iii) the number of reported violations, the number of | ||
cease and desist
notices issued by the Commission, the | ||
number of notices of violations issued
to the Department of | ||
Revenue, and the number of notices and complaints of
| ||
violations to law enforcement officials.
| ||
(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939, | ||
eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.)
| ||
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||
Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||
in any
building belonging to or under the control of the State | ||
or any political
subdivision thereof except as provided in this | ||
Act. The corporate
authorities of any city, village, | ||
incorporated town, township, or county may provide by
| ||
ordinance, however, that alcoholic liquor may be sold or | ||
delivered in any
specifically designated building belonging to | ||
or under the control of the
municipality, township, or county, | ||
or in any building located on land under the
control of the | ||
municipality, township, or county; provided that such township | ||
or county complies with all
applicable local ordinances in any | ||
incorporated area of the township or county.
Alcoholic liquor | ||
may be delivered to and sold under the authority of a special | ||
use permit on any property owned by a conservation district |
organized under the Conservation District Act, provided that | ||
(i) the alcoholic liquor is sold only at an event authorized by | ||
the governing board of the conservation district, (ii) the | ||
issuance of the special use permit is authorized by the local | ||
liquor control commissioner of the territory in which the | ||
property is located, and (iii) the special use permit | ||
authorizes the sale of alcoholic liquor for one day or less. | ||
Alcoholic liquors may be delivered to and sold at any airport | ||
belonging to
or under the control of a municipality of more | ||
than 25,000 inhabitants, or
in any building or on any golf | ||
course owned by a park district organized under
the Park | ||
District
Code, subject to the approval of the governing board | ||
of the district, or
in any building or on any golf course owned | ||
by a forest preserve district
organized under the Downstate | ||
Forest Preserve District Act, subject to the
approval of the | ||
governing board of the district, or on the grounds
within 500 | ||
feet of any building owned by a forest preserve district
| ||
organized under the Downstate Forest Preserve District Act | ||
during
times when food is dispensed for consumption within
500 | ||
feet of the building from which the food is dispensed,
subject | ||
to the
approval of the
governing board of the district, or in a | ||
building owned by a Local Mass
Transit District organized under | ||
the Local Mass Transit District Act, subject
to the approval of | ||
the governing Board of the District, or in Bicentennial
Park, | ||
or
on the premises of the City of Mendota Lake Park
located | ||
adjacent to Route 51 in Mendota, Illinois, or on the premises |
of
Camden Park in Milan, Illinois, or in the community center | ||
owned by the
City of Loves Park that is located at 1000 River | ||
Park Drive in Loves Park,
Illinois, or, in connection with the | ||
operation of an established food
serving facility during times | ||
when food is dispensed for consumption on the
premises, and at | ||
the following aquarium and museums located in public
parks: Art | ||
Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||
Historical Society, Field Museum of Natural History, Museum of | ||
Science and
Industry, DuSable Museum of African American | ||
History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||
Lakeview Museum of Arts and Sciences
in Peoria, or in | ||
connection with the operation of the facilities of the
Chicago | ||
Zoological Society or the Chicago Horticultural Society on land
| ||
owned by the Forest Preserve District of Cook County,
or on any | ||
land used for a golf course or for recreational purposes
owned | ||
by the Forest Preserve District of Cook County, subject to the | ||
control
of the Forest Preserve District Board of Commissioners | ||
and applicable local
law, provided that dram shop liability | ||
insurance is provided at
maximum coverage limits so as to hold | ||
the
District harmless from all financial loss, damage, and | ||
harm,
or in any building
located on land owned by the Chicago | ||
Park District if approved by the Park
District Commissioners, | ||
or on any land used for a golf course or for
recreational | ||
purposes and owned by the Illinois International Port District | ||
if
approved by the District's governing board, or at any | ||
airport, golf course,
faculty center, or
facility in which |
conference and convention type activities take place
belonging | ||
to or under control of any State university or public community
| ||
college district, provided that with respect to a facility for | ||
conference
and convention type activities alcoholic liquors | ||
shall be limited to the
use of the convention or conference | ||
participants or participants
in cultural, political or | ||
educational activities held in such facilities,
and provided | ||
further that the faculty or staff of the State university or
a | ||
public community college district, or members of an | ||
organization of
students, alumni, faculty or staff of the State | ||
university or a public
community college district are active | ||
participants in the conference
or convention, or in Memorial | ||
Stadium on the campus of the University of
Illinois at | ||
Urbana-Champaign during games in which the
Chicago Bears | ||
professional football team is playing in that stadium during | ||
the
renovation of Soldier Field, not more than one and a half | ||
hours before the
start of the game and not after the end of the | ||
third quarter of the game,
or in the Pavilion Facility on the | ||
campus of the University of Illinois at Chicago during games in | ||
which the Chicago Storm professional soccer team is playing in | ||
that facility, not more than one and a half hours before the | ||
start of the game and not after the end of the third quarter of | ||
the game, or in the Pavilion Facility on the campus of the | ||
University of Illinois at Chicago during games in which the | ||
WNBA professional women's basketball team is playing in that | ||
facility, not more than one and a half hours before the start |
of the game and not after the 10-minute mark of the second half | ||
of the game, or by a catering establishment which has rented | ||
facilities
from a board of trustees of a public community | ||
college district, or in a restaurant that is operated by a | ||
commercial tenant in the North Campus Parking Deck building | ||
that (1) is located at 1201 West University Avenue, Urbana, | ||
Illinois and (2) is owned by the Board of Trustees of the | ||
University of Illinois, or, if
approved by the District board, | ||
on land owned by the Metropolitan Sanitary
District of Greater | ||
Chicago and leased to others for a term of at least
20 years. | ||
Nothing in this Section precludes the sale or delivery of
| ||
alcoholic liquor in the form of original packaged goods in | ||
premises located
at 500 S. Racine in Chicago belonging to the | ||
University of Illinois and
used primarily as a grocery store by | ||
a commercial tenant during the term of
a lease that predates | ||
the University's acquisition of the premises; but the
| ||
University shall have no power or authority to renew, transfer, | ||
or extend
the lease with terms allowing the sale of alcoholic | ||
liquor; and the sale of
alcoholic liquor shall be subject to | ||
all local laws and regulations.
After the acquisition by | ||
Winnebago County of the property located at 404
Elm Street in | ||
Rockford, a commercial tenant who sold alcoholic liquor at
| ||
retail on a portion of the property under a valid license at | ||
the time of
the acquisition may continue to do so for so long | ||
as the tenant and the
County may agree under existing or future | ||
leases, subject to all local laws
and regulations regarding the |
sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||
and sold at Memorial Hall, located at 211 North Main Street, | ||
Rockford, under conditions approved by Winnebago County and | ||
subject to all local laws and regulations regarding the sale of | ||
alcoholic liquor. Each
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save | ||
harmless the State, municipality, State university,
airport, | ||
golf course, faculty center, facility in which conference and
| ||
convention type activities take place, park district, Forest | ||
Preserve
District, public community college district, | ||
aquarium, museum, or sanitary
district from all financial loss, | ||
damage or harm. Alcoholic liquors may be
sold at retail in | ||
buildings of golf courses owned by municipalities or Illinois | ||
State University in
connection with the operation of an | ||
established food serving facility
during times when food is | ||
dispensed for consumption upon the premises.
Alcoholic liquors | ||
may be delivered to and sold at retail in any building
owned by | ||
a fire protection district organized under the Fire Protection
| ||
District Act, provided that such delivery and sale is approved | ||
by the board
of trustees of the district, and provided further | ||
that such delivery and
sale is limited to fundraising events | ||
and to a maximum of 6 events per year. However, the limitation | ||
to fundraising events and to a maximum of 6 events per year | ||
does not apply to the delivery, sale, or manufacture of | ||
alcoholic liquors at the building located at 59 Main Street in | ||
Oswego, Illinois, owned by the Oswego Fire Protection District |
if the alcoholic liquor is sold or dispensed as approved by the | ||
Oswego Fire Protection District and the property is no longer | ||
being utilized for fire protection purposes.
| ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of the University of | ||
Illinois for events that the Board may determine are public | ||
events and not related student activities. The Board of | ||
Trustees shall issue a written policy within 6 months of the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly concerning the types of events that would be eligible | ||
for an exemption. Thereafter, the Board of Trustees may issue | ||
revised, updated, new, or amended policies as it deems | ||
necessary and appropriate. In preparing its written policy, the | ||
Board of Trustees shall, among other factors it considers | ||
relevant and important, give consideration to the following: | ||
(i) whether the event is a student activity or student related | ||
activity; (ii) whether the physical setting of the event is | ||
conducive to control of liquor sales and distribution; (iii) | ||
the ability of the event operator to ensure that the sale or | ||
serving of alcoholic liquors and the demeanor of the | ||
participants are in accordance with State law and University | ||
policies; (iv) regarding the anticipated attendees at the | ||
event, the relative proportion of individuals under the age of | ||
21 to individuals age 21 or older; (v) the ability of the venue | ||
operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the |
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the | ||
venue. In addition, any policy submitted by the Board of | ||
Trustees to the Illinois Liquor Control Commission must require | ||
that any event at which alcoholic liquors are served or sold in | ||
buildings under the control of the Board of Trustees shall | ||
require the prior written approval of the Office of the | ||
Chancellor for the University campus where the event is | ||
located. The Board of Trustees shall submit its policy, and any | ||
subsequently revised, updated, new, or amended policies, to the | ||
Illinois Liquor Control Commission, and any University event, | ||
or location for an event, exempted under such policies shall | ||
apply for a license under the applicable Sections of this Act. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Northern Illinois | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after | ||
June 28, 2011 (the
effective date of Public Act 97-45) | ||
concerning the types of events that would be eligible
for an | ||
exemption. Thereafter, the Board of Trustees may issue
revised, | ||
updated, new, or amended policies as it deems
necessary and | ||
appropriate. In preparing its written policy, the
Board of | ||
Trustees shall, in addition to other factors it considers
| ||
relevant and important, give consideration to the following:
|
(i) whether the event is a student activity or student-related
| ||
activity; (ii) whether the physical setting of the event is
| ||
conducive to control of liquor sales and distribution; (iii)
| ||
the ability of the event operator to ensure that the sale or
| ||
serving of alcoholic liquors and the demeanor of the
| ||
participants are in accordance with State law and University
| ||
policies; (iv) the anticipated attendees at the
event and the | ||
relative proportion of individuals under the age of
21 to | ||
individuals age 21 or older; (v) the ability of the venue
| ||
operator to prevent the sale or distribution of alcoholic
| ||
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of Chicago State | ||
University for events that the Board may determine are public | ||
events and not student-related activities. The Board of | ||
Trustees shall issue a written policy within 6 months after | ||
August 2, 2013 (the effective date of Public Act 98-132) | ||
concerning the types of events that would be eligible for an | ||
exemption. Thereafter, the Board of Trustees may issue revised, | ||
updated, new, or amended policies as it deems necessary and | ||
appropriate. In preparing its written policy, the Board of | ||
Trustees shall, in addition to other factors it considers |
relevant and important, give consideration to the following: | ||
(i) whether the event is a student activity or student-related | ||
activity; (ii) whether the physical setting of the event is | ||
conducive to control of liquor sales and distribution; (iii) | ||
the ability of the event operator to ensure that the sale or | ||
serving of alcoholic liquors and the demeanor of the | ||
participants are in accordance with State law and University | ||
policies; (iv) the anticipated attendees at the event and the | ||
relative proportion of individuals under the age of 21 to | ||
individuals age 21 or older; (v) the ability of the venue | ||
operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the | ||
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the | ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Illinois State | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly concerning the types of events that would be eligible
| ||
for an exemption. Thereafter, the Board of Trustees may issue
| ||
revised, updated, new, or amended policies as it deems
| ||
necessary and appropriate. In preparing its written policy, the
|
Board of Trustees shall, in addition to other factors it | ||
considers
relevant and important, give consideration to the | ||
following:
(i) whether the event is a student activity or | ||
student-related
activity; (ii) whether the physical setting of | ||
the event is
conducive to control of liquor sales and | ||
distribution; (iii)
the ability of the event operator to ensure | ||
that the sale or
serving of alcoholic liquors and the demeanor | ||
of the
participants are in accordance with State law and | ||
University
policies; (iv) the anticipated attendees at the
| ||
event and the relative proportion of individuals under the age | ||
of
21 to individuals age 21 or older; (v) the ability of the | ||
venue
operator to prevent the sale or distribution of alcoholic
| ||
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquor may be delivered to and sold at retail in | ||
the
Dorchester Senior Business Center owned by the Village of | ||
Dolton if the
alcoholic liquor is sold or dispensed only in | ||
connection with organized
functions for which the planned | ||
attendance is 20 or more persons, and if
the person or facility | ||
selling or dispensing the alcoholic liquor has
provided dram | ||
shop liability insurance in maximum limits so as to hold
| ||
harmless the Village of Dolton and the State from all financial | ||
loss,
damage and harm.
|
Alcoholic liquors may be delivered to and sold at retail in | ||
any
building used as an Illinois State Armory provided:
| ||
(i) the Adjutant General's written consent to the | ||
issuance of a
license to sell alcoholic liquor in such | ||
building is filed with the
Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection
with organized functions held on special | ||
occasions;
| ||
(iii) the organized function is one for which the | ||
planned attendance
is 25 or more persons; and
| ||
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in | ||
maximum limits so as to save
harmless the facility and the | ||
State from all financial loss, damage or harm.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
the Chicago
Civic Center, provided that:
| ||
(i) the written consent of the Public Building | ||
Commission which
administers the Chicago Civic Center is | ||
filed with the Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection with
organized functions held on special | ||
occasions;
| ||
(iii) the organized function is one for which the | ||
planned attendance is
25 or more persons;
| ||
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in |
maximum limits so as to hold
harmless the Civic Center, the | ||
City of Chicago and the State from all
financial loss, | ||
damage or harm; and
| ||
(v) all applicable local ordinances are complied with.
| ||
Alcoholic liquors may be delivered or sold in any building | ||
belonging to
or under the control of any city, village or | ||
incorporated town where more
than 75% of the physical | ||
properties of the building is used for commercial
or | ||
recreational purposes, and the building is located upon a pier | ||
extending
into or over the waters of a navigable lake or stream | ||
or on the shore of a
navigable lake or stream.
In accordance | ||
with a license issued under this Act, alcoholic liquor may be | ||
sold, served, or delivered in buildings and facilities under
| ||
the control
of the Department of Natural Resources during | ||
events or activities lasting no more than 7 continuous days | ||
upon the written approval of the
Director of
Natural Resources | ||
acting as the controlling government authority. The Director
of
| ||
Natural Resources may specify conditions on that approval, | ||
including but not
limited to
requirements for insurance and | ||
hours of operation.
Notwithstanding any other provision of this | ||
Act, alcoholic liquor sold by a
United States Army Corps of | ||
Engineers or Department of Natural
Resources
concessionaire | ||
who was operating on June 1, 1991 for on-premises consumption
| ||
only is not subject to the provisions of Articles IV and IX. | ||
Beer and wine
may be sold on the premises of the Joliet Park | ||
District Stadium owned by
the Joliet Park District when written |
consent to the issuance of a license
to sell beer and wine in | ||
such premises is filed with the local liquor
commissioner by | ||
the Joliet Park District. Beer and wine may be sold in
| ||
buildings on the grounds of State veterans' homes when written | ||
consent to
the issuance of a license to sell beer and wine in | ||
such buildings is filed
with the Commission by the Department | ||
of Veterans' Affairs, and the
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save | ||
the facility harmless from all financial loss, damage
or harm. | ||
Such liquors may be delivered to and sold at any property owned | ||
or
held under lease by a Metropolitan Pier and Exposition | ||
Authority or
Metropolitan Exposition and Auditorium Authority.
| ||
Beer and wine may be sold and dispensed at professional | ||
sporting events
and at professional concerts and other | ||
entertainment events conducted on
premises owned by the Forest | ||
Preserve District of Kane County, subject to
the control of the | ||
District Commissioners and applicable local law,
provided that | ||
dram shop liability insurance is provided at maximum coverage
| ||
limits so as to hold the District harmless from all financial | ||
loss, damage
and harm.
| ||
Nothing in this Section shall preclude the sale or delivery | ||
of beer and
wine at a State or county fair or the sale or | ||
delivery of beer or wine at a
city fair in any otherwise lawful | ||
manner.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
State parks
under the control of the Department of Natural |
Resources,
provided:
| ||
a. the State park has overnight lodging facilities with | ||
some
restaurant facilities or, not having overnight | ||
lodging facilities, has
restaurant facilities which serve | ||
complete luncheon and dinner or
supper meals,
| ||
b. (blank), and
| ||
c. the alcoholic liquors are sold by the State park | ||
lodge or
restaurant concessionaire only during the hours | ||
from 11 o'clock a.m. until
12 o'clock midnight. | ||
Notwithstanding any other provision of this Act,
alcoholic | ||
liquor sold by the State park or restaurant concessionaire | ||
is not
subject to the provisions of Articles IV and IX.
| ||
Alcoholic liquors may be sold at retail in buildings on | ||
properties
under the control of the Historic Sites and | ||
Preservation Division of the
Historic Preservation
Agency or | ||
the Abraham Lincoln Presidential Library and Museum provided:
| ||
a. the property has overnight lodging facilities with | ||
some restaurant
facilities or, not having overnight | ||
lodging facilities, has restaurant
facilities which serve | ||
complete luncheon and dinner or supper meals,
| ||
b. consent to the issuance of a license to sell | ||
alcoholic liquors in
the buildings has been filed with the | ||
commission by the Historic Sites and
Preservation Division
| ||
of the Historic
Preservation Agency or the Abraham Lincoln | ||
Presidential Library and Museum,
and
| ||
c. the alcoholic liquors are sold by the lodge or |
restaurant
concessionaire only during the hours from 11 | ||
o'clock a.m. until 12 o'clock
midnight.
| ||
The sale of alcoholic liquors pursuant to this Section does | ||
not
authorize the establishment and operation of facilities | ||
commonly called
taverns, saloons, bars, cocktail lounges, and | ||
the like except as a part
of lodge and restaurant facilities in | ||
State parks or golf courses owned
by Forest Preserve Districts | ||
with a population of less than 3,000,000 or
municipalities or | ||
park districts.
| ||
Alcoholic liquors may be sold at retail in the Springfield
| ||
Administration Building of the Department of Transportation | ||
and the
Illinois State Armory in Springfield; provided, that | ||
the controlling
government authority may consent to such sales | ||
only if
| ||
a. the request is from a not-for-profit organization;
| ||
b. such sales would not impede normal operations of the | ||
departments
involved;
| ||
c. the not-for-profit organization provides dram shop | ||
liability in
maximum insurance coverage limits and agrees | ||
to defend, save harmless
and indemnify the State of | ||
Illinois from all financial loss, damage or harm;
| ||
d. no such sale shall be made during normal working | ||
hours of the
State of Illinois; and
| ||
e. the consent is in writing.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
recreational
areas of river conservancy districts under the |
control of, or leased
from, the river conservancy districts. | ||
Such sales are subject to
reasonable local regulations as | ||
provided in Article IV; however, no such
regulations may | ||
prohibit or substantially impair the sale of alcoholic
liquors | ||
on Sundays or Holidays.
| ||
Alcoholic liquors may be provided in long term care | ||
facilities owned or
operated by a county under Division 5-21 or | ||
5-22 of the Counties Code,
when approved by the facility | ||
operator and not in conflict
with the regulations of the | ||
Illinois Department of Public Health, to
residents of the | ||
facility who have had their consumption of the alcoholic
| ||
liquors provided approved in writing by a physician licensed to | ||
practice
medicine in all its branches.
| ||
Alcoholic liquors may be delivered to and dispensed in | ||
State housing
assigned to employees of the Department of | ||
Corrections.
No person shall furnish or allow to be furnished | ||
any alcoholic
liquors to any prisoner confined in any jail, | ||
reformatory, prison or house
of correction except upon a | ||
physician's prescription for medicinal purposes.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Willard Ice
Building in Springfield, at the State Library in | ||
Springfield, and at
Illinois State Museum facilities by (1) an
| ||
agency of the State, whether legislative, judicial or | ||
executive, provided
that such agency first obtains written | ||
permission to sell or dispense
alcoholic liquors from the | ||
controlling government authority, or by (2) a
not-for-profit |
organization, provided that such organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at authorized functions.
| ||
The controlling government authority for the Willard Ice | ||
Building in
Springfield shall be the Director of the Department | ||
of Revenue. The
controlling government authority for Illinois | ||
State Museum facilities shall
be the Director of the Illinois | ||
State Museum. The controlling government
authority for the | ||
State Library in Springfield shall be the Secretary of State.
| ||
Alcoholic liquors may be delivered to and sold at retail or | ||
dispensed
at any facility, property or building under the |
jurisdiction of the
Historic Sites and Preservation Division of | ||
the
Historic Preservation Agency
or the Abraham
Lincoln | ||
Presidential Library and Museum
where the delivery, sale or
| ||
dispensing is by (1)
an agency of the State, whether | ||
legislative, judicial or executive,
provided that such agency | ||
first obtains written permission to sell or
dispense alcoholic | ||
liquors from a controlling government authority, or by (2) an | ||
individual or organization provided that such individual or | ||
organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal workings of State offices or | ||
operations located at the
facility, property or building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity of the individual or | ||
organization in the facility,
property or building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
The controlling government authority for the
Historic | ||
Sites and Preservation Division of the
Historic Preservation | ||
Agency
shall be the Director of the Historic Sites and |
Preservation, and the
controlling
government authority for the | ||
Abraham Lincoln Presidential Library and Museum
shall be the | ||
Director of the Abraham Lincoln Presidential Library and | ||
Museum.
| ||
Alcoholic liquors may be delivered to and sold at retail or | ||
dispensed for
consumption at the Michael Bilandic Building at | ||
160 North LaSalle Street,
Chicago IL 60601, after the normal | ||
business hours of any day care or child care
facility located | ||
in the building, by (1) a commercial tenant or subtenant
| ||
conducting business on the premises under a lease made pursuant | ||
to Section
405-315 of the Department of Central Management | ||
Services Law (20 ILCS
405/405-315), provided that such tenant | ||
or subtenant who accepts delivery of,
sells, or dispenses | ||
alcoholic liquors shall procure and maintain dram shop
| ||
liability insurance in maximum coverage limits and in which the | ||
carrier
agrees to defend, indemnify, and save harmless the | ||
State of Illinois from
all financial loss, damage, or harm | ||
arising out of the delivery, sale, or
dispensing of alcoholic | ||
liquors, or by (2) an agency of the State, whether
legislative, | ||
judicial, or executive, provided that such agency first obtains
| ||
written permission to accept delivery of and sell or dispense | ||
alcoholic liquors
from the Director of Central Management | ||
Services, or by (3) a not-for-profit
organization, provided | ||
that such organization:
| ||
a. obtains written consent from the Department of | ||
Central Management
Services;
|
b. accepts delivery of and sells or dispenses the | ||
alcoholic liquors in a
manner that does not impair normal | ||
operations of State offices located in the
building;
| ||
c. accepts delivery of and sells or dispenses alcoholic | ||
liquors only in
connection with an official activity in the | ||
building; and
| ||
d. provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless, and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage, or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
James R.
Thompson Center in Chicago, subject to the provisions | ||
of Section 7.4 of the
State Property Control Act, and 222 South | ||
College Street in Springfield,
Illinois by (1) a commercial | ||
tenant or subtenant conducting business on the
premises under a | ||
lease or sublease made pursuant to Section 405-315 of the
| ||
Department of Central Management Services Law (20 ILCS | ||
405/405-315), provided
that such tenant or subtenant who
sells | ||
or dispenses alcoholic liquors shall procure and maintain dram |
shop
liability insurance in maximum coverage limits and in | ||
which the carrier
agrees to defend, indemnify and save harmless | ||
the State of Illinois from
all financial loss, damage or harm | ||
arising out of the sale or dispensing of
alcoholic liquors, or | ||
by (2) an agency of the State, whether legislative,
judicial or | ||
executive, provided that such agency first obtains written
| ||
permission to sell or dispense alcoholic liquors from the | ||
Director of
Central Management Services, or by (3) a | ||
not-for-profit organization,
provided that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of |
Central Management Services.
| ||
Alcoholic liquors may be sold or delivered at any facility | ||
owned by the
Illinois Sports Facilities Authority provided that | ||
dram shop liability
insurance has been made available in a | ||
form, with such coverage and in such
amounts as the Authority | ||
reasonably determines is necessary.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Rockford
State Office Building by (1) an agency of the State, | ||
whether legislative,
judicial or executive, provided that such | ||
agency first obtains written
permission to sell or dispense | ||
alcoholic liquors from the Department of
Central Management | ||
Services, or by (2) a not-for-profit organization,
provided | ||
that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to defend,
save harmless and | ||
indemnify the State of Illinois from all financial loss,
| ||
damage or harm arising out of the selling or dispensing of | ||
alcoholic liquors.
|
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Department of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold or delivered in a building | ||
that is owned
by McLean County, situated on land owned by the | ||
county in the City of
Bloomington, and used by the McLean | ||
County Historical Society if the sale
or delivery is approved | ||
by an ordinance adopted by the county board, and
the | ||
municipality in which the building is located may not prohibit | ||
that
sale or delivery, notwithstanding any other provision of | ||
this Section. The
regulation of the sale and delivery of | ||
alcoholic liquor in a building that
is owned by McLean County, | ||
situated on land owned by the county, and used
by the McLean | ||
County Historical Society as provided in this paragraph is an
| ||
exclusive power and function of the State and is a denial and | ||
limitation
under Article VII, Section 6, subsection (h) of the | ||
Illinois Constitution
of the power of a home rule municipality | ||
to regulate that sale and delivery.
| ||
Alcoholic liquors may be sold or delivered in any building | ||
situated on
land held in trust for any school district | ||
organized under Article 34 of
the School Code, if the building | ||
is not used for school purposes and if the
sale or delivery is | ||
approved by the board of education.
| ||
Alcoholic liquors may be delivered to and sold at retail in |
any building owned by the Six Mile Regional Library District, | ||
provided that the delivery and sale is approved by the board of | ||
trustees of the Six Mile Regional Library District and the | ||
delivery and sale is limited to a maximum of 6 library district | ||
events per year. The Six Mile Regional Library District shall | ||
provide dram shop liability in maximum insurance coverage | ||
limits so as to save harmless the library district from all | ||
financial loss, damage, or harm. | ||
Alcoholic liquors may be sold or delivered in buildings | ||
owned
by the Community Building Complex Committee of Boone | ||
County,
Illinois if the person or facility selling or | ||
dispensing the
alcoholic liquor has provided dram shop | ||
liability insurance with coverage and
in amounts that the | ||
Committee reasonably determines are necessary.
| ||
Alcoholic liquors may be sold or delivered in the building | ||
located at
1200 Centerville Avenue in Belleville, Illinois and | ||
occupied by either the
Belleville Area Special Education | ||
District or the Belleville Area Special
Services
Cooperative. | ||
Alcoholic liquors may be delivered to and sold at the Louis | ||
Joliet
Renaissance Center, City Center Campus, located at 214 | ||
N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||
Department facilities, Main Campus, located at
1215 Houbolt | ||
Road, Joliet, owned by or under the control of Joliet Junior
| ||
College,
Illinois Community College District No. 525.
| ||
Alcoholic liquors may be delivered to and sold at Triton | ||
College, Illinois Community College District No. 504. |
Alcoholic liquors may be delivered to and sold at the | ||
College of DuPage, Illinois Community College District No. 502. | ||
Alcoholic liquors may be delivered to and sold at the | ||
building located at 446 East Hickory Avenue in Apple River, | ||
Illinois, owned by the Apple River Fire Protection District, | ||
and occupied by the Apple River Community Association if the | ||
alcoholic liquor is sold or dispensed only in connection with | ||
organized functions approved by the Apple River Community | ||
Association for which the planned attendance is 20 or more | ||
persons and if the person or facility selling or dispensing the | ||
alcoholic liquor has provided dram shop liability insurance in | ||
maximum limits so as to hold harmless the Apple River Fire | ||
Protection District, the Village of Apple River, and the Apple | ||
River Community Association from all financial loss, damage, | ||
and harm. | ||
Alcoholic liquors may be delivered to and sold at the Sikia | ||
Restaurant, Kennedy King College Campus, located at 740 West | ||
63rd Street, Chicago, and at the Food Services in the Great | ||
Hall/Washburne Culinary Institute Department facility, Kennedy | ||
King College Campus, located at 740 West 63rd Street, Chicago, | ||
owned by or under the control of City Colleges of Chicago, | ||
Illinois Community College District No. 508.
| ||
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | ||
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | ||
97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | ||
3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff. |
7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised | ||
10-3-14.) | ||
(235 ILCS 5/6-36) | ||
Sec. 6-36. Homemade brewed beverages. | ||
(a) No license or permit is required under this Act for the | ||
making of homemade brewed beverages or for the possession, | ||
transportation, or storage of homemade brewed beverages by any | ||
person 21 years of age or older, if all of the following apply: | ||
(1) the person who makes the homemade brewed beverages | ||
receives no compensation; | ||
(2) the homemade brewed beverages are is not sold or | ||
offered for sale; and | ||
(3) the total quantity of homemade brewed beverages | ||
made, in a calendar year, by the person does not exceed 100 | ||
gallons if the household has only one person 21 years of | ||
age or older or 200 gallons if the household has 2 or more | ||
persons 21 years of age or older. | ||
(b) A person who makes, possesses, transports, or stores | ||
homemade brewed beverages in compliance with the limitations | ||
specified in subsection (a) is not a brewer, craft brewer, | ||
wholesaler, retailer, or a manufacturer of beer for the | ||
purposes of this Act. | ||
(c) Homemade brewed beverages made in compliance with the | ||
limitations specified in subsection (a) may be consumed by the | ||
person who made it and his or her family, neighbors, and |
friends at any private residence or other private location | ||
where the possession and consumption of alcohol are is | ||
permissible under this Act, local ordinances, and other | ||
applicable law, provided that the homemade brewed beverages are | ||
not made available for consumption by the general public. | ||
(d) Homemade brewed beverages made in compliance with the | ||
limitations specified in subsection (a) may be used for | ||
purposes of a public exhibition, demonstration, tasting, or | ||
sampling with sampling sizes as authorized by Section 6-31, if | ||
the event is held at a private residence or at a location other | ||
than a retail licensed premises. If the public event is not | ||
held at a private residence, the event organizer shall obtain a | ||
homebrewer special event permit for each location, and is | ||
subject to the provisions in subsection (a) of Section 6-21. | ||
Homemade brewed beverages used for purposes described in this | ||
subsection (d), including the submission or consumption of the | ||
homemade brewed beverages, are not considered sold or offered | ||
for sale under this Act. A public exhibition, demonstration, | ||
tasting, or sampling with sampling sizes as authorized by | ||
Section 6-31 held by a licensee on a location other than a | ||
retail licensed premises may require an admission charge to the | ||
event, but no separate or additional fee may be charged for the | ||
consumption of a person's homemade brewed beverages at the | ||
public exhibition, demonstration, tasting, or sampling with | ||
sampling sizes as authorized by Section 6-31. Event admission | ||
charges that are collected may be partially used to provide |
prizes to makers of homemade brewed beverages, but the | ||
admission charges may not be divided in any fashion among the | ||
makers of the homemade brewed beverages who participate in the | ||
event. Homemade brewed beverages used for purposes described in | ||
this subsection (d) are not considered sold or offered for sale | ||
under this Act if a maker of homemade brewed beverages receives | ||
free event admission or discounted event admission in return | ||
for the maker's donation of the homemade brewed beverages to an | ||
event specified in this subsection (d) that collects event | ||
admission charges; free admission or discounted admission to | ||
the event is not considered compensation under this Act. No | ||
admission fee and no charge for the consumption of a person's | ||
homemade brewed beverage may be collected if the public | ||
exhibition, demonstration, tasting, or sampling with sampling | ||
sizes as authorized by Section 6-31 is held at a private | ||
residence. | ||
(e) A person who is not a licensee under this Act may at a | ||
private residence, and a person who is a licensee under this | ||
Act may on the licensed premises, conduct, sponsor, or host a | ||
contest, competition, or other event for the exhibition, | ||
demonstration, judging, tasting, or sampling of homemade | ||
brewed beverages made in compliance with the limitations | ||
specified in subsection (a), if the person does not sell the | ||
homemade brewed beverages and, unless the person is the brewer | ||
of the homemade brewed beverages, does not acquire any | ||
ownership interest in the homemade brewed beverages. If the |
contest, competition, exhibition, demonstration, or judging is | ||
not held at a private residence, the consumption of the | ||
homemade brewed beverages is limited to qualified judges and | ||
stewards as defined by a national or international beer judging | ||
program, who are identified by the event organizer in advance | ||
of the contest, competition, exhibition, demonstration, or | ||
judging. Homemade brewed beverages used for the purposes | ||
described in this subsection (e), including the submission or | ||
consumption of the homemade brewed beverages, are not | ||
considered sold or offered for sale under this Act and any | ||
prize awarded at a contest or competition or as a result of an | ||
exhibition, demonstration, or judging is not considered | ||
compensation under this Act. An exhibition, demonstration, | ||
judging, contest, or competition held by a licensee on a | ||
licensed premises may require an admission charge to the event, | ||
but no separate or additional fee may be charged for the | ||
consumption of a person's homemade brewed beverage at the | ||
exhibition, demonstration, judging, contest, or competition. A | ||
portion of event admission charges that are collected may be | ||
used to provide prizes to makers of homemade brewed beverages, | ||
but the admission charges may not be divided in any fashion | ||
among the makers of the homemade brewed beverages who | ||
participate in the event. Homemade brewed beverages used for | ||
purposes described in this subsection (e) are not considered | ||
sold or offered for sale under this Act if a maker of homemade | ||
brewed beverages receives free event admission or discounted |
event admission in return for the maker's donation of the | ||
homemade brewed beverages to an event specified in this | ||
subsection (e) that collects event admission charges; free | ||
admission or discounted admission to the event is not | ||
considered compensation under this Act. No admission fee and no | ||
charge for the consumption of a person's homemade brewed | ||
beverage may be charged if the exhibition, demonstration, | ||
judging, contest, or competition is held at a private | ||
residence. The fact that a person is acting in a manner | ||
authorized by this Section is not, by itself, sufficient to | ||
constitute a public nuisance under Section 10-7 of this Act. If | ||
the contest, competition, or other event is held on licensed | ||
premises, the licensee may allow the homemade brewed beverages | ||
to be stored on the premises if the homemade brewed beverages | ||
are clearly identified and , kept separate from any alcohol | ||
beverages owned by the licensee. If the contest, competition, | ||
or other event is held on licensed premises, other provisions | ||
of this Act not inconsistent with this Section apply. | ||
(f) A commercial enterprise engaged primarily in selling | ||
supplies and equipment to the public for use by homebrewers may | ||
manufacture homemade brewed beverages for the purpose of | ||
tasting the homemade brewed beverages at the location of the | ||
commercial enterprise, provided that the homemade brewed | ||
beverages are not sold or offered for sale. Homemade brewed | ||
beverages provided at a commercial enterprise for tasting under | ||
this subsection (f) shall be in compliance with Sections 6-16, |
6-21, and 6-31 of this Act. A commercial enterprise engaged | ||
solely in selling supplies and equipment for use by homebrewers | ||
shall not be required to secure a license under this Act, | ||
however, such commercial enterprise shall secure liquor | ||
liability insurance coverage in an amount at least equal to the | ||
maximum liability amounts set forth in subsection (a) of | ||
Section 6-21 of this Act. | ||
(g) Homemade brewed beverages are not subject to Section | ||
8-1 of this Act.
| ||
(Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.) | ||
Section 340. The Illinois Public Aid Code is amended by | ||
changing Sections 5-5, 5-5.2, 5A-5, and 5A-8 and by setting | ||
forth and renumbering multiple versions of Section 12-4.47 as | ||
follows:
| ||
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||
Sec. 5-5. Medical services. The Illinois Department, by | ||
rule, shall
determine the quantity and quality of and the rate | ||
of reimbursement for the
medical assistance for which
payment | ||
will be authorized, and the medical services to be provided,
| ||
which may include all or part of the following: (1) inpatient | ||
hospital
services; (2) outpatient hospital services; (3) other | ||
laboratory and
X-ray services; (4) skilled nursing home | ||
services; (5) physicians'
services whether furnished in the | ||
office, the patient's home, a
hospital, a skilled nursing home, |
or elsewhere; (6) medical care, or any
other type of remedial | ||
care furnished by licensed practitioners; (7)
home health care | ||
services; (8) private duty nursing service; (9) clinic
| ||
services; (10) dental services, including prevention and | ||
treatment of periodontal disease and dental caries disease for | ||
pregnant women, provided by an individual licensed to practice | ||
dentistry or dental surgery; for purposes of this item (10), | ||
"dental services" means diagnostic, preventive, or corrective | ||
procedures provided by or under the supervision of a dentist in | ||
the practice of his or her profession; (11) physical therapy | ||
and related
services; (12) prescribed drugs, dentures, and | ||
prosthetic devices; and
eyeglasses prescribed by a physician | ||
skilled in the diseases of the eye,
or by an optometrist, | ||
whichever the person may select; (13) other
diagnostic, | ||
screening, preventive, and rehabilitative services, including | ||
to ensure that the individual's need for intervention or | ||
treatment of mental disorders or substance use disorders or | ||
co-occurring mental health and substance use disorders is | ||
determined using a uniform screening, assessment, and | ||
evaluation process inclusive of criteria, for children and | ||
adults; for purposes of this item (13), a uniform screening, | ||
assessment, and evaluation process refers to a process that | ||
includes an appropriate evaluation and, as warranted, a | ||
referral; "uniform" does not mean the use of a singular | ||
instrument, tool, or process that all must utilize; (14)
| ||
transportation and such other expenses as may be necessary; |
(15) medical
treatment of sexual assault survivors, as defined | ||
in
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act, for
injuries sustained as a result of the sexual | ||
assault, including
examinations and laboratory tests to | ||
discover evidence which may be used in
criminal proceedings | ||
arising from the sexual assault; (16) the
diagnosis and | ||
treatment of sickle cell anemia; and (17)
any other medical | ||
care, and any other type of remedial care recognized
under the | ||
laws of this State, but not including abortions, or induced
| ||
miscarriages or premature births, unless, in the opinion of a | ||
physician,
such procedures are necessary for the preservation | ||
of the life of the
woman seeking such treatment, or except an | ||
induced premature birth
intended to produce a live viable child | ||
and such procedure is necessary
for the health of the mother or | ||
her unborn child. The Illinois Department,
by rule, shall | ||
prohibit any physician from providing medical assistance
to | ||
anyone eligible therefor under this Code where such physician | ||
has been
found guilty of performing an abortion procedure in a | ||
wilful and wanton
manner upon a woman who was not pregnant at | ||
the time such abortion
procedure was performed. The term "any | ||
other type of remedial care" shall
include nursing care and | ||
nursing home service for persons who rely on
treatment by | ||
spiritual means alone through prayer for healing.
| ||
Notwithstanding any other provision of this Section, a | ||
comprehensive
tobacco use cessation program that includes | ||
purchasing prescription drugs or
prescription medical devices |
approved by the Food and Drug Administration shall
be covered | ||
under the medical assistance
program under this Article for | ||
persons who are otherwise eligible for
assistance under this | ||
Article.
| ||
Notwithstanding any other provision of this Code, the | ||
Illinois
Department may not require, as a condition of payment | ||
for any laboratory
test authorized under this Article, that a | ||
physician's handwritten signature
appear on the laboratory | ||
test order form. The Illinois Department may,
however, impose | ||
other appropriate requirements regarding laboratory test
order | ||
documentation.
| ||
Upon receipt of federal approval of an amendment to the | ||
Illinois Title XIX State Plan for this purpose, the Department | ||
shall authorize the Chicago Public Schools (CPS) to procure a | ||
vendor or vendors to manufacture eyeglasses for individuals | ||
enrolled in a school within the CPS system. CPS shall ensure | ||
that its vendor or vendors are enrolled as providers in the | ||
medical assistance program and in any capitated Medicaid | ||
managed care entity (MCE) serving individuals enrolled in a | ||
school within the CPS system. Under any contract procured under | ||
this provision, the vendor or vendors must serve only | ||
individuals enrolled in a school within the CPS system. Claims | ||
for services provided by CPS's vendor or vendors to recipients | ||
of benefits in the medical assistance program under this Code, | ||
the Children's Health Insurance Program, or the Covering ALL | ||
KIDS Health Insurance Program shall be submitted to the |
Department or the MCE in which the individual is enrolled for | ||
payment and shall be reimbursed at the Department's or the | ||
MCE's established rates or rate methodologies for eyeglasses. | ||
On and after July 1, 2012, the Department of Healthcare and | ||
Family Services may provide the following services to
persons
| ||
eligible for assistance under this Article who are | ||
participating in
education, training or employment programs | ||
operated by the Department of Human
Services as successor to | ||
the Department of Public Aid:
| ||
(1) dental services provided by or under the | ||
supervision of a dentist; and
| ||
(2) eyeglasses prescribed by a physician skilled in the | ||
diseases of the
eye, or by an optometrist, whichever the | ||
person may select.
| ||
Notwithstanding any other provision of this Code and | ||
subject to federal approval, the Department may adopt rules to | ||
allow a dentist who is volunteering his or her service at no | ||
cost to render dental services through an enrolled | ||
not-for-profit health clinic without the dentist personally | ||
enrolling as a participating provider in the medical assistance | ||
program. A not-for-profit health clinic shall include a public | ||
health clinic or Federally Qualified Health Center or other | ||
enrolled provider, as determined by the Department, through | ||
which dental services covered under this Section are performed. | ||
The Department shall establish a process for payment of claims | ||
for reimbursement for covered dental services rendered under |
this provision. | ||
The Illinois Department, by rule, may distinguish and | ||
classify the
medical services to be provided only in accordance | ||
with the classes of
persons designated in Section 5-2.
| ||
The Department of Healthcare and Family Services must | ||
provide coverage and reimbursement for amino acid-based | ||
elemental formulas, regardless of delivery method, for the | ||
diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||
short bowel syndrome when the prescribing physician has issued | ||
a written order stating that the amino acid-based elemental | ||
formula is medically necessary.
| ||
The Illinois Department shall authorize the provision of, | ||
and shall
authorize payment for, screening by low-dose | ||
mammography for the presence of
occult breast cancer for women | ||
35 years of age or older who are eligible
for medical | ||
assistance under this Article, as follows: | ||
(A) A baseline
mammogram for women 35 to 39 years of | ||
age.
| ||
(B) An annual mammogram for women 40 years of age or | ||
older. | ||
(C) A mammogram at the age and intervals considered | ||
medically necessary by the woman's health care provider for | ||
women under 40 years of age and having a family history of | ||
breast cancer, prior personal history of breast cancer, | ||
positive genetic testing, or other risk factors. | ||
(D) A comprehensive ultrasound screening of an entire |
breast or breasts if a mammogram demonstrates | ||
heterogeneous or dense breast tissue, when medically | ||
necessary as determined by a physician licensed to practice | ||
medicine in all of its branches. | ||
All screenings
shall
include a physical breast exam, | ||
instruction on self-examination and
information regarding the | ||
frequency of self-examination and its value as a
preventative | ||
tool. For purposes of this Section, "low-dose mammography" | ||
means
the x-ray examination of the breast using equipment | ||
dedicated specifically
for mammography, including the x-ray | ||
tube, filter, compression device,
and image receptor, with an | ||
average radiation exposure delivery
of less than one rad per | ||
breast for 2 views of an average size breast.
The term also | ||
includes digital mammography.
| ||
On and after January 1, 2012, providers participating in a | ||
quality improvement program approved by the Department shall be | ||
reimbursed for screening and diagnostic mammography at the same | ||
rate as the Medicare program's rates, including the increased | ||
reimbursement for digital mammography. | ||
The Department shall convene an expert panel including | ||
representatives of hospitals, free-standing mammography | ||
facilities, and doctors, including radiologists, to establish | ||
quality standards. | ||
Subject to federal approval, the Department shall | ||
establish a rate methodology for mammography at federally | ||
qualified health centers and other encounter-rate clinics. |
These clinics or centers may also collaborate with other | ||
hospital-based mammography facilities. | ||
The Department shall establish a methodology to remind | ||
women who are age-appropriate for screening mammography, but | ||
who have not received a mammogram within the previous 18 | ||
months, of the importance and benefit of screening mammography. | ||
The Department shall establish a performance goal for | ||
primary care providers with respect to their female patients | ||
over age 40 receiving an annual mammogram. This performance | ||
goal shall be used to provide additional reimbursement in the | ||
form of a quality performance bonus to primary care providers | ||
who meet that goal. | ||
The Department shall devise a means of case-managing or | ||
patient navigation for beneficiaries diagnosed with breast | ||
cancer. This program shall initially operate as a pilot program | ||
in areas of the State with the highest incidence of mortality | ||
related to breast cancer. At least one pilot program site shall | ||
be in the metropolitan Chicago area and at least one site shall | ||
be outside the metropolitan Chicago area. An evaluation of the | ||
pilot program shall be carried out measuring health outcomes | ||
and cost of care for those served by the pilot program compared | ||
to similarly situated patients who are not served by the pilot | ||
program. | ||
Any medical or health care provider shall immediately | ||
recommend, to
any pregnant woman who is being provided prenatal | ||
services and is suspected
of drug abuse or is addicted as |
defined in the Alcoholism and Other Drug Abuse
and Dependency | ||
Act, referral to a local substance abuse treatment provider
| ||
licensed by the Department of Human Services or to a licensed
| ||
hospital which provides substance abuse treatment services. | ||
The Department of Healthcare and Family Services
shall assure | ||
coverage for the cost of treatment of the drug abuse or
| ||
addiction for pregnant recipients in accordance with the | ||
Illinois Medicaid
Program in conjunction with the Department of | ||
Human Services.
| ||
All medical providers providing medical assistance to | ||
pregnant women
under this Code shall receive information from | ||
the Department on the
availability of services under the Drug | ||
Free Families with a Future or any
comparable program providing | ||
case management services for addicted women,
including | ||
information on appropriate referrals for other social services
| ||
that may be needed by addicted women in addition to treatment | ||
for addiction.
| ||
The Illinois Department, in cooperation with the | ||
Departments of Human
Services (as successor to the Department | ||
of Alcoholism and Substance
Abuse) and Public Health, through a | ||
public awareness campaign, may
provide information concerning | ||
treatment for alcoholism and drug abuse and
addiction, prenatal | ||
health care, and other pertinent programs directed at
reducing | ||
the number of drug-affected infants born to recipients of | ||
medical
assistance.
| ||
Neither the Department of Healthcare and Family Services |
nor the Department of Human
Services shall sanction the | ||
recipient solely on the basis of
her substance abuse.
| ||
The Illinois Department shall establish such regulations | ||
governing
the dispensing of health services under this Article | ||
as it shall deem
appropriate. The Department
should
seek the | ||
advice of formal professional advisory committees appointed by
| ||
the Director of the Illinois Department for the purpose of | ||
providing regular
advice on policy and administrative matters, | ||
information dissemination and
educational activities for | ||
medical and health care providers, and
consistency in | ||
procedures to the Illinois Department.
| ||
The Illinois Department may develop and contract with | ||
Partnerships of
medical providers to arrange medical services | ||
for persons eligible under
Section 5-2 of this Code. | ||
Implementation of this Section may be by
demonstration projects | ||
in certain geographic areas. The Partnership shall
be | ||
represented by a sponsor organization. The Department, by rule, | ||
shall
develop qualifications for sponsors of Partnerships. | ||
Nothing in this
Section shall be construed to require that the | ||
sponsor organization be a
medical organization.
| ||
The sponsor must negotiate formal written contracts with | ||
medical
providers for physician services, inpatient and | ||
outpatient hospital care,
home health services, treatment for | ||
alcoholism and substance abuse, and
other services determined | ||
necessary by the Illinois Department by rule for
delivery by | ||
Partnerships. Physician services must include prenatal and
|
obstetrical care. The Illinois Department shall reimburse | ||
medical services
delivered by Partnership providers to clients | ||
in target areas according to
provisions of this Article and the | ||
Illinois Health Finance Reform Act,
except that:
| ||
(1) Physicians participating in a Partnership and | ||
providing certain
services, which shall be determined by | ||
the Illinois Department, to persons
in areas covered by the | ||
Partnership may receive an additional surcharge
for such | ||
services.
| ||
(2) The Department may elect to consider and negotiate | ||
financial
incentives to encourage the development of | ||
Partnerships and the efficient
delivery of medical care.
| ||
(3) Persons receiving medical services through | ||
Partnerships may receive
medical and case management | ||
services above the level usually offered
through the | ||
medical assistance program.
| ||
Medical providers shall be required to meet certain | ||
qualifications to
participate in Partnerships to ensure the | ||
delivery of high quality medical
services. These | ||
qualifications shall be determined by rule of the Illinois
| ||
Department and may be higher than qualifications for | ||
participation in the
medical assistance program. Partnership | ||
sponsors may prescribe reasonable
additional qualifications | ||
for participation by medical providers, only with
the prior | ||
written approval of the Illinois Department.
| ||
Nothing in this Section shall limit the free choice of |
practitioners,
hospitals, and other providers of medical | ||
services by clients.
In order to ensure patient freedom of | ||
choice, the Illinois Department shall
immediately promulgate | ||
all rules and take all other necessary actions so that
provided | ||
services may be accessed from therapeutically certified | ||
optometrists
to the full extent of the Illinois Optometric | ||
Practice Act of 1987 without
discriminating between service | ||
providers.
| ||
The Department shall apply for a waiver from the United | ||
States Health
Care Financing Administration to allow for the | ||
implementation of
Partnerships under this Section.
| ||
The Illinois Department shall require health care | ||
providers to maintain
records that document the medical care | ||
and services provided to recipients
of Medical Assistance under | ||
this Article. Such records must be retained for a period of not | ||
less than 6 years from the date of service or as provided by | ||
applicable State law, whichever period is longer, except that | ||
if an audit is initiated within the required retention period | ||
then the records must be retained until the audit is completed | ||
and every exception is resolved. The Illinois Department shall
| ||
require health care providers to make available, when | ||
authorized by the
patient, in writing, the medical records in a | ||
timely fashion to other
health care providers who are treating | ||
or serving persons eligible for
Medical Assistance under this | ||
Article. All dispensers of medical services
shall be required | ||
to maintain and retain business and professional records
|
sufficient to fully and accurately document the nature, scope, | ||
details and
receipt of the health care provided to persons | ||
eligible for medical
assistance under this Code, in accordance | ||
with regulations promulgated by
the Illinois Department. The | ||
rules and regulations shall require that proof
of the receipt | ||
of prescription drugs, dentures, prosthetic devices and
| ||
eyeglasses by eligible persons under this Section accompany | ||
each claim
for reimbursement submitted by the dispenser of such | ||
medical services.
No such claims for reimbursement shall be | ||
approved for payment by the Illinois
Department without such | ||
proof of receipt, unless the Illinois Department
shall have put | ||
into effect and shall be operating a system of post-payment
| ||
audit and review which shall, on a sampling basis, be deemed | ||
adequate by
the Illinois Department to assure that such drugs, | ||
dentures, prosthetic
devices and eyeglasses for which payment | ||
is being made are actually being
received by eligible | ||
recipients. Within 90 days after the effective date of
this | ||
amendatory Act of 1984, the Illinois Department shall establish | ||
a
current list of acquisition costs for all prosthetic devices | ||
and any
other items recognized as medical equipment and | ||
supplies reimbursable under
this Article and shall update such | ||
list on a quarterly basis, except that
the acquisition costs of | ||
all prescription drugs shall be updated no
less frequently than | ||
every 30 days as required by Section 5-5.12.
| ||
The rules and regulations of the Illinois Department shall | ||
require
that a written statement including the required opinion |
of a physician
shall accompany any claim for reimbursement for | ||
abortions, or induced
miscarriages or premature births. This | ||
statement shall indicate what
procedures were used in providing | ||
such medical services.
| ||
Notwithstanding any other law to the contrary, the Illinois | ||
Department shall, within 365 days after July 22, 2013 , (the | ||
effective date of Public Act 98-104), establish procedures to | ||
permit skilled care facilities licensed under the Nursing Home | ||
Care Act to submit monthly billing claims for reimbursement | ||
purposes. Following development of these procedures, the | ||
Department shall have an additional 365 days to test the | ||
viability of the new system and to ensure that any necessary | ||
operational or structural changes to its information | ||
technology platforms are implemented. | ||
Notwithstanding any other law to the contrary, the Illinois | ||
Department shall, within 365 days after August 15, 2014 ( the | ||
effective date of Public Act 98-963) this amendatory Act of the | ||
98th General Assembly , establish procedures to permit ID/DD | ||
facilities licensed under the ID/DD Community Care Act to | ||
submit monthly billing claims for reimbursement purposes. | ||
Following development of these procedures, the Department | ||
shall have an additional 365 days to test the viability of the | ||
new system and to ensure that any necessary operational or | ||
structural changes to its information technology platforms are | ||
implemented. | ||
The Illinois Department shall require all dispensers of |
medical
services, other than an individual practitioner or | ||
group of practitioners,
desiring to participate in the Medical | ||
Assistance program
established under this Article to disclose | ||
all financial, beneficial,
ownership, equity, surety or other | ||
interests in any and all firms,
corporations, partnerships, | ||
associations, business enterprises, joint
ventures, agencies, | ||
institutions or other legal entities providing any
form of | ||
health care services in this State under this Article.
| ||
The Illinois Department may require that all dispensers of | ||
medical
services desiring to participate in the medical | ||
assistance program
established under this Article disclose, | ||
under such terms and conditions as
the Illinois Department may | ||
by rule establish, all inquiries from clients
and attorneys | ||
regarding medical bills paid by the Illinois Department, which
| ||
inquiries could indicate potential existence of claims or liens | ||
for the
Illinois Department.
| ||
Enrollment of a vendor
shall be
subject to a provisional | ||
period and shall be conditional for one year. During the period | ||
of conditional enrollment, the Department may
terminate the | ||
vendor's eligibility to participate in, or may disenroll the | ||
vendor from, the medical assistance
program without cause. | ||
Unless otherwise specified, such termination of eligibility or | ||
disenrollment is not subject to the
Department's hearing | ||
process.
However, a disenrolled vendor may reapply without | ||
penalty.
| ||
The Department has the discretion to limit the conditional |
enrollment period for vendors based upon category of risk of | ||
the vendor. | ||
Prior to enrollment and during the conditional enrollment | ||
period in the medical assistance program, all vendors shall be | ||
subject to enhanced oversight, screening, and review based on | ||
the risk of fraud, waste, and abuse that is posed by the | ||
category of risk of the vendor. The Illinois Department shall | ||
establish the procedures for oversight, screening, and review, | ||
which may include, but need not be limited to: criminal and | ||
financial background checks; fingerprinting; license, | ||
certification, and authorization verifications; unscheduled or | ||
unannounced site visits; database checks; prepayment audit | ||
reviews; audits; payment caps; payment suspensions; and other | ||
screening as required by federal or State law. | ||
The Department shall define or specify the following: (i) | ||
by provider notice, the "category of risk of the vendor" for | ||
each type of vendor, which shall take into account the level of | ||
screening applicable to a particular category of vendor under | ||
federal law and regulations; (ii) by rule or provider notice, | ||
the maximum length of the conditional enrollment period for | ||
each category of risk of the vendor; and (iii) by rule, the | ||
hearing rights, if any, afforded to a vendor in each category | ||
of risk of the vendor that is terminated or disenrolled during | ||
the conditional enrollment period. | ||
To be eligible for payment consideration, a vendor's | ||
payment claim or bill, either as an initial claim or as a |
resubmitted claim following prior rejection, must be received | ||
by the Illinois Department, or its fiscal intermediary, no | ||
later than 180 days after the latest date on the claim on which | ||
medical goods or services were provided, with the following | ||
exceptions: | ||
(1) In the case of a provider whose enrollment is in | ||
process by the Illinois Department, the 180-day period | ||
shall not begin until the date on the written notice from | ||
the Illinois Department that the provider enrollment is | ||
complete. | ||
(2) In the case of errors attributable to the Illinois | ||
Department or any of its claims processing intermediaries | ||
which result in an inability to receive, process, or | ||
adjudicate a claim, the 180-day period shall not begin | ||
until the provider has been notified of the error. | ||
(3) In the case of a provider for whom the Illinois | ||
Department initiates the monthly billing process. | ||
(4) In the case of a provider operated by a unit of | ||
local government with a population exceeding 3,000,000 | ||
when local government funds finance federal participation | ||
for claims payments. | ||
For claims for services rendered during a period for which | ||
a recipient received retroactive eligibility, claims must be | ||
filed within 180 days after the Department determines the | ||
applicant is eligible. For claims for which the Illinois | ||
Department is not the primary payer, claims must be submitted |
to the Illinois Department within 180 days after the final | ||
adjudication by the primary payer. | ||
In the case of long term care facilities, within 5 days of | ||
receipt by the facility of required prescreening information, | ||
data for new admissions shall be entered into the Medical | ||
Electronic Data Interchange (MEDI) or the Recipient | ||
Eligibility Verification (REV) System or successor system, and | ||
within 15 days of receipt by the facility of required | ||
prescreening information, admission documents shall be | ||
submitted through MEDI or REV or shall be submitted directly to | ||
the Department of Human Services using required admission | ||
forms. Effective September
1, 2014, admission documents, | ||
including all prescreening
information, must be submitted | ||
through MEDI or REV. Confirmation numbers assigned to an | ||
accepted transaction shall be retained by a facility to verify | ||
timely submittal. Once an admission transaction has been | ||
completed, all resubmitted claims following prior rejection | ||
are subject to receipt no later than 180 days after the | ||
admission transaction has been completed. | ||
Claims that are not submitted and received in compliance | ||
with the foregoing requirements shall not be eligible for | ||
payment under the medical assistance program, and the State | ||
shall have no liability for payment of those claims. | ||
To the extent consistent with applicable information and | ||
privacy, security, and disclosure laws, State and federal | ||
agencies and departments shall provide the Illinois Department |
access to confidential and other information and data necessary | ||
to perform eligibility and payment verifications and other | ||
Illinois Department functions. This includes, but is not | ||
limited to: information pertaining to licensure; | ||
certification; earnings; immigration status; citizenship; wage | ||
reporting; unearned and earned income; pension income; | ||
employment; supplemental security income; social security | ||
numbers; National Provider Identifier (NPI) numbers; the | ||
National Practitioner Data Bank (NPDB); program and agency | ||
exclusions; taxpayer identification numbers; tax delinquency; | ||
corporate information; and death records. | ||
The Illinois Department shall enter into agreements with | ||
State agencies and departments, and is authorized to enter into | ||
agreements with federal agencies and departments, under which | ||
such agencies and departments shall share data necessary for | ||
medical assistance program integrity functions and oversight. | ||
The Illinois Department shall develop, in cooperation with | ||
other State departments and agencies, and in compliance with | ||
applicable federal laws and regulations, appropriate and | ||
effective methods to share such data. At a minimum, and to the | ||
extent necessary to provide data sharing, the Illinois | ||
Department shall enter into agreements with State agencies and | ||
departments, and is authorized to enter into agreements with | ||
federal agencies and departments, including but not limited to: | ||
the Secretary of State; the Department of Revenue; the | ||
Department of Public Health; the Department of Human Services; |
and the Department of Financial and Professional Regulation. | ||
Beginning in fiscal year 2013, the Illinois Department | ||
shall set forth a request for information to identify the | ||
benefits of a pre-payment, post-adjudication, and post-edit | ||
claims system with the goals of streamlining claims processing | ||
and provider reimbursement, reducing the number of pending or | ||
rejected claims, and helping to ensure a more transparent | ||
adjudication process through the utilization of: (i) provider | ||
data verification and provider screening technology; and (ii) | ||
clinical code editing; and (iii) pre-pay, pre- or | ||
post-adjudicated predictive modeling with an integrated case | ||
management system with link analysis. Such a request for | ||
information shall not be considered as a request for proposal | ||
or as an obligation on the part of the Illinois Department to | ||
take any action or acquire any products or services. | ||
The Illinois Department shall establish policies, | ||
procedures,
standards and criteria by rule for the acquisition, | ||
repair and replacement
of orthotic and prosthetic devices and | ||
durable medical equipment. Such
rules shall provide, but not be | ||
limited to, the following services: (1)
immediate repair or | ||
replacement of such devices by recipients; and (2) rental, | ||
lease, purchase or lease-purchase of
durable medical equipment | ||
in a cost-effective manner, taking into
consideration the | ||
recipient's medical prognosis, the extent of the
recipient's | ||
needs, and the requirements and costs for maintaining such
| ||
equipment. Subject to prior approval, such rules shall enable a |
recipient to temporarily acquire and
use alternative or | ||
substitute devices or equipment pending repairs or
| ||
replacements of any device or equipment previously authorized | ||
for such
recipient by the Department.
| ||
The Department shall execute, relative to the nursing home | ||
prescreening
project, written inter-agency agreements with the | ||
Department of Human
Services and the Department on Aging, to | ||
effect the following: (i) intake
procedures and common | ||
eligibility criteria for those persons who are receiving
| ||
non-institutional services; and (ii) the establishment and | ||
development of
non-institutional services in areas of the State | ||
where they are not currently
available or are undeveloped; and | ||
(iii) notwithstanding any other provision of law, subject to | ||
federal approval, on and after July 1, 2012, an increase in the | ||
determination of need (DON) scores from 29 to 37 for applicants | ||
for institutional and home and community-based long term care; | ||
if and only if federal approval is not granted, the Department | ||
may, in conjunction with other affected agencies, implement | ||
utilization controls or changes in benefit packages to | ||
effectuate a similar savings amount for this population; and | ||
(iv) no later than July 1, 2013, minimum level of care | ||
eligibility criteria for institutional and home and | ||
community-based long term care; and (v) no later than October | ||
1, 2013, establish procedures to permit long term care | ||
providers access to eligibility scores for individuals with an | ||
admission date who are seeking or receiving services from the |
long term care provider. In order to select the minimum level | ||
of care eligibility criteria, the Governor shall establish a | ||
workgroup that includes affected agency representatives and | ||
stakeholders representing the institutional and home and | ||
community-based long term care interests. This Section shall | ||
not restrict the Department from implementing lower level of | ||
care eligibility criteria for community-based services in | ||
circumstances where federal approval has been granted.
| ||
The Illinois Department shall develop and operate, in | ||
cooperation
with other State Departments and agencies and in | ||
compliance with
applicable federal laws and regulations, | ||
appropriate and effective
systems of health care evaluation and | ||
programs for monitoring of
utilization of health care services | ||
and facilities, as it affects
persons eligible for medical | ||
assistance under this Code.
| ||
The Illinois Department shall report annually to the | ||
General Assembly,
no later than the second Friday in April of | ||
1979 and each year
thereafter, in regard to:
| ||
(a) actual statistics and trends in utilization of | ||
medical services by
public aid recipients;
| ||
(b) actual statistics and trends in the provision of | ||
the various medical
services by medical vendors;
| ||
(c) current rate structures and proposed changes in | ||
those rate structures
for the various medical vendors; and
| ||
(d) efforts at utilization review and control by the | ||
Illinois Department.
|
The period covered by each report shall be the 3 years | ||
ending on the June
30 prior to the report. The report shall | ||
include suggested legislation
for consideration by the General | ||
Assembly. The filing of one copy of the
report with the | ||
Speaker, one copy with the Minority Leader and one copy
with | ||
the Clerk of the House of Representatives, one copy with the | ||
President,
one copy with the Minority Leader and one copy with | ||
the Secretary of the
Senate, one copy with the Legislative | ||
Research Unit, and such additional
copies
with the State | ||
Government Report Distribution Center for the General
Assembly | ||
as is required under paragraph (t) of Section 7 of the State
| ||
Library Act shall be deemed sufficient to comply with this | ||
Section.
| ||
Rulemaking authority to implement Public Act 95-1045, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
On and after July 1, 2012, the Department shall reduce any | ||
rate of reimbursement for services or other payments or alter | ||
any methodologies authorized by this Code to reduce any rate of | ||
reimbursement for services or other payments in accordance with | ||
Section 5-5e. | ||
Because kidney transplantation can be an appropriate, cost | ||
effective
alternative to renal dialysis when medically |
necessary and notwithstanding the provisions of Section 1-11 of | ||
this Code, beginning October 1, 2014, the Department shall | ||
cover kidney transplantation for noncitizens with end-stage | ||
renal disease who are not eligible for comprehensive medical | ||
benefits, who meet the residency requirements of Section 5-3 of | ||
this Code, and who would otherwise meet the financial | ||
requirements of the appropriate class of eligible persons under | ||
Section 5-2 of this Code. To qualify for coverage of kidney | ||
transplantation, such person must be receiving emergency renal | ||
dialysis services covered by the Department. Providers under | ||
this Section shall be prior approved and certified by the | ||
Department to perform kidney transplantation and the services | ||
under this Section shall be limited to services associated with | ||
kidney transplantation. | ||
(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689, | ||
eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section | ||
9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff. | ||
7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651, | ||
eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14; | ||
revised 10-2-14.)
| ||
(305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||
Sec. 5-5.2. Payment.
| ||
(a) All nursing facilities that are grouped pursuant to | ||
Section
5-5.1 of this Act shall receive the same rate of | ||
payment for similar
services.
|
(b) It shall be a matter of State policy that the Illinois | ||
Department
shall utilize a uniform billing cycle throughout the | ||
State for the
long-term care providers.
| ||
(c) Notwithstanding any other provisions of this Code, the | ||
methodologies for reimbursement of nursing services as | ||
provided under this Article shall no longer be applicable for | ||
bills payable for nursing services rendered on or after a new | ||
reimbursement system based on the Resource Utilization Groups | ||
(RUGs) has been fully operationalized, which shall take effect | ||
for services provided on or after January 1, 2014. | ||
(d) The new nursing services reimbursement methodology | ||
utilizing RUG-IV 48 grouper model, which shall be referred to | ||
as the RUGs reimbursement system, taking effect January 1, | ||
2014, shall be based on the following: | ||
(1) The methodology shall be resident-driven, | ||
facility-specific, and cost-based. | ||
(2) Costs shall be annually rebased and case mix index | ||
quarterly updated. The nursing services methodology will | ||
be assigned to the Medicaid enrolled residents on record as | ||
of 30 days prior to the beginning of the rate period in the | ||
Department's Medicaid Management Information System (MMIS) | ||
as present on the last day of the second quarter preceding | ||
the rate period based upon the Assessment Reference Date of | ||
the Minimum Data Set (MDS). | ||
(3) Regional wage adjustors based on the Health Service | ||
Areas (HSA) groupings and adjusters in effect on April 30, |
2012 shall be included. | ||
(4) Case mix index shall be assigned to each resident | ||
class based on the Centers for Medicare and Medicaid | ||
Services staff time measurement study in effect on July 1, | ||
2013, utilizing an index maximization approach. | ||
(5) The pool of funds available for distribution by | ||
case mix and the base facility rate shall be determined | ||
using the formula contained in subsection (d-1). | ||
(d-1) Calculation of base year Statewide RUG-IV nursing | ||
base per diem rate. | ||
(1) Base rate spending pool shall be: | ||
(A) The base year resident days which are | ||
calculated by multiplying the number of Medicaid | ||
residents in each nursing home as indicated in the MDS | ||
data defined in paragraph (4) by 365. | ||
(B) Each facility's nursing component per diem in | ||
effect on July 1, 2012 shall be multiplied by | ||
subsection (A). | ||
(C) Thirteen million is added to the product of | ||
subparagraph (A) and subparagraph (B) to adjust for the | ||
exclusion of nursing homes defined in paragraph (5). | ||
(2) For each nursing home with Medicaid residents as | ||
indicated by the MDS data defined in paragraph (4), | ||
weighted days adjusted for case mix and regional wage | ||
adjustment shall be calculated. For each home this | ||
calculation is the product of: |
(A) Base year resident days as calculated in | ||
subparagraph (A) of paragraph (1). | ||
(B) The nursing home's regional wage adjustor | ||
based on the Health Service Areas (HSA) groupings and | ||
adjustors in effect on April 30, 2012. | ||
(C) Facility weighted case mix which is the number | ||
of Medicaid residents as indicated by the MDS data | ||
defined in paragraph (4) multiplied by the associated | ||
case weight for the RUG-IV 48 grouper model using | ||
standard RUG-IV procedures for index maximization. | ||
(D) The sum of the products calculated for each | ||
nursing home in subparagraphs (A) through (C) above | ||
shall be the base year case mix, rate adjusted weighted | ||
days. | ||
(3) The Statewide RUG-IV nursing base per diem rate: | ||
(A) on January 1, 2014 shall be the quotient of the | ||
paragraph (1) divided by the sum calculated under | ||
subparagraph (D) of paragraph (2); and | ||
(B) on and after July 1, 2014, shall be the amount | ||
calculated under subparagraph (A) of this paragraph | ||
(3) plus $1.76. | ||
(4) Minimum Data Set (MDS) comprehensive assessments | ||
for Medicaid residents on the last day of the quarter used | ||
to establish the base rate. | ||
(5) Nursing facilities designated as of July 1, 2012 by | ||
the Department as "Institutions for Mental Disease" shall |
be excluded from all calculations under this subsection. | ||
The data from these facilities shall not be used in the | ||
computations described in paragraphs (1) through (4) above | ||
to establish the base rate. | ||
(e) Beginning July 1, 2014, the Department shall allocate | ||
funding in the amount up to $10,000,000 for per diem add-ons to | ||
the RUGS methodology for dates of service on and after July 1, | ||
2014: | ||
(1) $0.63 for each resident who scores in I4200 | ||
Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||
(2) $2.67 for each resident who scores either a "1" or | ||
"2" in any items S1200A through S1200I and also scores in | ||
RUG groups PA1, PA2, BA1, or BA2. | ||
(e-1) (Blank). | ||
(e-2) For dates of services beginning January 1, 2014, the | ||
RUG-IV nursing component per diem for a nursing home shall be | ||
the product of the statewide RUG-IV nursing base per diem rate, | ||
the facility average case mix index, and the regional wage | ||
adjustor. Transition rates for services provided between | ||
January 1, 2014 and December 31, 2014 shall be as follows: | ||
(1) The transition RUG-IV per diem nursing rate for | ||
nursing homes whose rate calculated in this subsection | ||
(e-2) is greater than the nursing component rate in effect | ||
July 1, 2012 shall be paid the sum of: | ||
(A) The nursing component rate in effect July 1, | ||
2012; plus |
(B) The difference of the RUG-IV nursing component | ||
per diem calculated for the current quarter minus the | ||
nursing component rate in effect July 1, 2012 | ||
multiplied by 0.88. | ||
(2) The transition RUG-IV per diem nursing rate for | ||
nursing homes whose rate calculated in this subsection | ||
(e-2) is less than the nursing component rate in effect | ||
July 1, 2012 shall be paid the sum of: | ||
(A) The nursing component rate in effect July 1, | ||
2012; plus | ||
(B) The difference of the RUG-IV nursing component | ||
per diem calculated for the current quarter minus the | ||
nursing component rate in effect July 1, 2012 | ||
multiplied by 0.13. | ||
(f) Notwithstanding any other provision of this Code, on | ||
and after July 1, 2012, reimbursement rates associated with the | ||
nursing or support components of the current nursing facility | ||
rate methodology shall not increase beyond the level effective | ||
May 1, 2011 until a new reimbursement system based on the RUGs | ||
IV 48 grouper model has been fully operationalized. | ||
(g) Notwithstanding any other provision of this Code, on | ||
and after July 1, 2012, for facilities not designated by the | ||
Department of Healthcare and Family Services as "Institutions | ||
for Mental Disease", rates effective May 1, 2011 shall be | ||
adjusted as follows: | ||
(1) Individual nursing rates for residents classified |
in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||
ending March 31, 2012 shall be reduced by 10%; | ||
(2) Individual nursing rates for residents classified | ||
in all other RUG IV groups shall be reduced by 1.0%; | ||
(3) Facility rates for the capital and support | ||
components shall be reduced by 1.7%. | ||
(h) Notwithstanding any other provision of this Code, on | ||
and after July 1, 2012, nursing facilities designated by the | ||
Department of Healthcare and Family Services as "Institutions | ||
for Mental Disease" and "Institutions for Mental Disease" that | ||
are facilities licensed under the Specialized Mental Health | ||
Rehabilitation Act of 2013 shall have the nursing, | ||
socio-developmental, capital, and support components of their | ||
reimbursement rate effective May 1, 2011 reduced in total by | ||
2.7%. | ||
(i) On and after July 1, 2014, the reimbursement rates for | ||
the support component of the nursing facility rate for | ||
facilities licensed under the Nursing Home Care Act as skilled | ||
or intermediate care facilities shall be the rate in effect on | ||
June 30, 2014 increased by 8.17%. | ||
(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section | ||
6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff. | ||
7-22-13; 98-651, eff. 6-16-14; 98-727, eff. 7-16-14; 98-756, | ||
eff. 7-16-14; revised 10-2-14.)
| ||
(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) |
Sec. 5A-5. Notice; penalty; maintenance of records.
| ||
(a)
The Illinois Department shall send a
notice of | ||
assessment to every hospital provider subject
to assessment | ||
under this Article. The notice of assessment shall notify the | ||
hospital of its assessment and shall be sent after receipt by | ||
the Department of notification from the Centers for Medicare | ||
and Medicaid Services of the U.S. Department of Health and | ||
Human Services that the payment methodologies required under | ||
this Article and, if necessary, the waiver granted under 42 CFR | ||
433.68 have been approved. The notice
shall be on a form
| ||
prepared by the Illinois Department and shall state the | ||
following:
| ||
(1) The name of the hospital provider.
| ||
(2) The address of the hospital provider's principal | ||
place
of business from which the provider engages in the | ||
occupation of hospital
provider in this State, and the name | ||
and address of each hospital
operated, conducted, or | ||
maintained by the provider in this State.
| ||
(3) The occupied bed days, occupied bed days less | ||
Medicare days, adjusted gross hospital revenue, or | ||
outpatient gross revenue of the
hospital
provider | ||
(whichever is applicable), the amount of
assessment | ||
imposed under Section 5A-2 for the State fiscal year
for | ||
which the notice is sent, and the amount of
each
| ||
installment to be paid during the State fiscal year.
| ||
(4) (Blank).
|
(5) Other reasonable information as determined by the | ||
Illinois
Department.
| ||
(b) If a hospital provider conducts, operates, or
maintains | ||
more than one hospital licensed by the Illinois
Department of | ||
Public Health, the provider shall pay the
assessment for each | ||
hospital separately.
| ||
(c) Notwithstanding any other provision in this Article, in
| ||
the case of a person who ceases to conduct, operate, or | ||
maintain a
hospital in respect of which the person is subject | ||
to assessment
under this Article as a hospital provider, the | ||
assessment for the State
fiscal year in which the cessation | ||
occurs shall be adjusted by
multiplying the assessment computed | ||
under Section 5A-2 by a
fraction, the numerator of which is the | ||
number of days in the
year during which the provider conducts, | ||
operates, or maintains
the hospital and the denominator of | ||
which is 365. Immediately
upon ceasing to conduct, operate, or | ||
maintain a hospital, the person
shall pay the assessment
for | ||
the year as so adjusted (to the extent not previously paid).
| ||
(d) Notwithstanding any other provision in this Article, a
| ||
provider who commences conducting, operating, or maintaining a
| ||
hospital, upon notice by the Illinois Department,
shall pay the | ||
assessment computed under Section 5A-2 and
subsection (e) in | ||
installments on the due dates stated in the
notice and on the | ||
regular installment due dates for the State
fiscal year | ||
occurring after the due dates of the initial
notice.
| ||
(e)
Notwithstanding any other provision in this Article, |
for State fiscal years 2009 through 2018 2015 , in the case of a | ||
hospital provider that did not conduct, operate, or maintain a | ||
hospital in 2005, the assessment for that State fiscal year | ||
shall be computed on the basis of hypothetical occupied bed | ||
days for the full calendar year as determined by the Illinois | ||
Department. Notwithstanding any other provision in this | ||
Article, for the portion of State fiscal year 2012 beginning | ||
June 10, 2012 through June 30, 2012, and for State fiscal years | ||
2013 through 2018, in the case of a hospital provider that did | ||
not conduct, operate, or maintain a hospital in 2009, the | ||
assessment under subsection (b-5) of Section 5A-2 for that | ||
State fiscal year shall be computed on the basis of | ||
hypothetical gross outpatient revenue for the full calendar | ||
year as determined by the Illinois Department.
| ||
(f) Every hospital provider subject to assessment under | ||
this Article shall keep sufficient records to permit the | ||
determination of adjusted gross hospital revenue for the | ||
hospital's fiscal year. All such records shall be kept in the | ||
English language and shall, at all times during regular | ||
business hours of the day, be subject to inspection by the | ||
Illinois Department or its duly authorized agents and | ||
employees.
| ||
(g) The Illinois Department may, by rule, provide a | ||
hospital provider a reasonable opportunity to request a | ||
clarification or correction of any clerical or computational | ||
errors contained in the calculation of its assessment, but such |
corrections shall not extend to updating the cost report | ||
information used to calculate the assessment.
| ||
(h) (Blank).
| ||
(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||
98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||
6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)
| ||
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||
Sec. 5A-8. Hospital Provider Fund.
| ||
(a) There is created in the State Treasury the Hospital | ||
Provider Fund.
Interest earned by the Fund shall be credited to | ||
the Fund. The
Fund shall not be used to replace any moneys | ||
appropriated to the
Medicaid program by the General Assembly.
| ||
(b) The Fund is created for the purpose of receiving moneys
| ||
in accordance with Section 5A-6 and disbursing moneys only for | ||
the following
purposes, notwithstanding any other provision of | ||
law:
| ||
(1) For making payments to hospitals as required under | ||
this Code, under the Children's Health Insurance Program | ||
Act, under the Covering ALL KIDS Health Insurance Act, and | ||
under the Long Term Acute Care Hospital Quality Improvement | ||
Transfer Program Act.
| ||
(2) For the reimbursement of moneys collected by the
| ||
Illinois Department from hospitals or hospital providers | ||
through error or
mistake in performing the
activities | ||
authorized under this Code.
|
(3) For payment of administrative expenses incurred by | ||
the
Illinois Department or its agent in performing | ||
activities
under this Code, under the Children's Health | ||
Insurance Program Act, under the Covering ALL KIDS Health | ||
Insurance Act, and under the Long Term Acute Care Hospital | ||
Quality Improvement Transfer Program Act.
| ||
(4) For payments of any amounts which are reimbursable | ||
to
the federal government for payments from this Fund which | ||
are
required to be paid by State warrant.
| ||
(5) For making transfers, as those transfers are | ||
authorized
in the proceedings authorizing debt under the | ||
Short Term Borrowing Act,
but transfers made under this | ||
paragraph (5) shall not exceed the
principal amount of debt | ||
issued in anticipation of the receipt by
the State of | ||
moneys to be deposited into the Fund.
| ||
(6) For making transfers to any other fund in the State | ||
treasury, but
transfers made under this paragraph (6) shall | ||
not exceed the amount transferred
previously from that | ||
other fund into the Hospital Provider Fund plus any | ||
interest that would have been earned by that fund on the | ||
monies that had been transferred.
| ||
(6.5) For making transfers to the Healthcare Provider | ||
Relief Fund, except that transfers made under this | ||
paragraph (6.5) shall not exceed $60,000,000 in the | ||
aggregate. | ||
(7) For making transfers not exceeding the following |
amounts, related to State fiscal years 2013 through 2018 in | ||
each State fiscal year during which an assessment is | ||
imposed pursuant to Section 5A-2 , to the following | ||
designated funds: | ||
Health and Human Services Medicaid Trust | ||
Fund ..............................$20,000,000 | ||
Long-Term Care Provider Fund ..........$30,000,000 | ||
General Revenue Fund .................$80,000,000. | ||
Transfers under this paragraph shall be made within 7 days | ||
after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
(7.1) (Blank).
| ||
(7.5) (Blank). | ||
(7.8) (Blank). | ||
(7.9) (Blank). | ||
(7.10) For State fiscal year 2014, for making transfers | ||
of the moneys resulting from the assessment under | ||
subsection (b-5) of Section 5A-2 and received from hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital Provider Fund under Section 5A-6 to the designated | ||
funds not exceeding the following amounts in that State | ||
fiscal year: | ||
Health Care Provider Relief Fund .....$100,000,000 | ||
Transfers under this paragraph shall be made within 7 | ||
days after the payments have been received pursuant to the |
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
The additional amount of transfers in this paragraph | ||
(7.10), authorized by Public Act 98-651 this amendatory Act | ||
of the 98th General Assembly , shall be made within 10 State | ||
business days after June 16, 2014 ( the effective date of | ||
Public Act 98-651) this amendatory Act of the 98th General | ||
Assembly . That authority shall remain in effect even if | ||
Public Act 98-651 this amendatory Act of the 98th General | ||
Assembly does not become law until State fiscal year 2015. | ||
(7.10a) For State fiscal years 2015 through 2018, for | ||
making transfers of the moneys resulting from the | ||
assessment under subsection (b-5) of Section 5A-2 and | ||
received from hospital providers under Section 5A-4 and | ||
transferred into the Hospital Provider Fund under Section | ||
5A-6 to the designated funds not exceeding the following | ||
amounts related to each State fiscal year: | ||
Health Care Provider Relief Fund ....$50,000,000 | ||
Transfers under this paragraph shall be made within 7 | ||
days after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4. | ||
(7.11) (Blank). | ||
(7.12) For State fiscal year 2013, for increasing by | ||
21/365ths the transfer of the moneys resulting from the | ||
assessment under subsection (b-5) of Section 5A-2 and |
received from hospital providers under Section 5A-4 for the | ||
portion of State fiscal year 2012 beginning June 10, 2012 | ||
through June 30, 2012 and transferred into the Hospital | ||
Provider Fund under Section 5A-6 to the designated funds | ||
not exceeding the following amounts in that State fiscal | ||
year: | ||
Health Care Provider Relief Fund ......$2,870,000 | ||
Since the federal Centers for Medicare and Medicaid | ||
Services approval of the assessment authorized under | ||
subsection (b-5) of Section 5A-2, received from hospital | ||
providers under Section 5A-4 and the payment methodologies | ||
to hospitals required under Section 5A-12.4 was not | ||
received by the Department until State fiscal year 2014 and | ||
since the Department made retroactive payments during | ||
State fiscal year 2014 related to the referenced period of | ||
June 2012, the transfer authority granted in this paragraph | ||
(7.12) is extended through the date that is 10 State | ||
business days after June 16, 2014 ( the effective date of | ||
Public Act 98-651) this amendatory Act of the 98th General | ||
Assembly . | ||
(8) For making refunds to hospital providers pursuant | ||
to Section 5A-10.
| ||
(9) For making payment to capitated managed care | ||
organizations as described in subsections (s) and (t) of | ||
Section 5A-12.2 of this Code. | ||
Disbursements from the Fund, other than transfers |
authorized under
paragraphs (5) and (6) of this subsection, | ||
shall be by
warrants drawn by the State Comptroller upon | ||
receipt of vouchers
duly executed and certified by the Illinois | ||
Department.
| ||
(c) The Fund shall consist of the following:
| ||
(1) All moneys collected or received by the Illinois
| ||
Department from the hospital provider assessment imposed | ||
by this
Article.
| ||
(2) All federal matching funds received by the Illinois
| ||
Department as a result of expenditures made by the Illinois
| ||
Department that are attributable to moneys deposited in the | ||
Fund.
| ||
(3) Any interest or penalty levied in conjunction with | ||
the
administration of this Article.
| ||
(3.5) As applicable, proceeds from surety bond | ||
payments payable to the Department as referenced in | ||
subsection (s) of Section 5A-12.2 of this Code. | ||
(4) Moneys transferred from another fund in the State | ||
treasury.
| ||
(5) All other moneys received for the Fund from any | ||
other
source, including interest earned thereon.
| ||
(d) (Blank).
| ||
(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||
98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||
6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)
|
(305 ILCS 5/12-4.47) | ||
Sec. 12-4.47. Continued eligibility for developmental | ||
disability services for dependents of military service | ||
members. | ||
(a) As used in this Section: | ||
"Dependent" means a spouse, birth child, adopted child, or
| ||
stepchild of a military service member. | ||
"Legal resident" means a person who maintains Illinois as | ||
his
or her principal establishment, home of record, or | ||
permanent home and
to where, whenever absent due to military | ||
obligation, he or she intends
to return. | ||
"Military service" means service in the armed forces or | ||
armed
forces reserves of the United States, or membership in | ||
the Illinois National Guard. | ||
"Military service member" means a person who is currently | ||
in military service or who
has separated from military service | ||
in the previous 18 months through
either retirement or military | ||
separation. | ||
(b) A dependent, who is a legal resident of the State, | ||
having
previously been determined to be eligible for | ||
developmental disability
services provided by the Department | ||
of Human Services, including waiver services provided under the | ||
home and community based services programs authorized under | ||
Section 1915(c) of the Social Security Act, shall retain | ||
eligibility for those developmental disability services as | ||
long as he
or she remains a legal resident of the State, |
regardless of having left the State due to the military service | ||
member's military assignment
outside the State, and as long as | ||
he or she is otherwise eligible for such services. | ||
(c) The Department of Human Services shall permit a | ||
dependent who resides out-of-state to be placed on the waiting | ||
list for developmental disabilities services if the dependent | ||
left the State due to the military service member's military | ||
assignment outside the State, is otherwise eligible for those | ||
services, and furnishes the following: | ||
(1) a copy of the military service member's DD-214 or | ||
other
equivalent discharge paperwork; and | ||
(2) proof of the military service member's legal | ||
residence in the
State, as prescribed by the Department. | ||
(d) For dependents who received developmental disability | ||
services
and who left the State due to the military service | ||
member's military
assignment outside the State, upon the | ||
dependent's return to the State and when a request for services | ||
is made, the Department shall: | ||
(1) determine the dependent's eligibility for | ||
services, which may include a request
for waiver services | ||
provided under the home and community based services | ||
programs authorized under Section 1915(c) of the Social | ||
Security Act; | ||
(2) provide to the dependent notification of the | ||
determination of eligibility for services,
which includes | ||
notification of a denial of services if applicable; |
(3) provide the dependent an opportunity to contest the | ||
Department's determination through the appeals processes | ||
established
by the Department; and | ||
(4) resume services if the individual remains | ||
eligible. | ||
(e) As a condition of continued eligibility for services | ||
under subsection (b) of this Section,
a dependent must inform | ||
the Department of his or her
current address and provide | ||
updates as requested by the Department. | ||
(f) No payment pursuant to this Section shall be made for | ||
developmental disability services authorized under the | ||
Illinois Title XIX State Plan and provided outside the State | ||
unless those services satisfy the conditions specified in 42 | ||
CFR 431.52. No payment pursuant to this Section shall be made | ||
for home and community based services provided outside the | ||
State of Illinois. | ||
(g) The Department shall request a waiver from the | ||
appropriate
federal agency if a waiver is necessary to | ||
implement the provisions of this
Section. | ||
(h) The Department may adopt rules necessary to implement | ||
the
provisions of this Section.
| ||
(Source: P.A. 98-1000, eff. 8-18-14.) | ||
(305 ILCS 5/12-4.48) | ||
Sec. 12-4.48 12-4.47 . Long-Term Services and Supports | ||
Disparities Task Force. |
(a) The Department of Healthcare and Family Services shall | ||
establish a Long-Term Services and Supports Disparities Task | ||
Force. | ||
(b) Members of the Task Force shall be appointed by the | ||
Director of the Department of Healthcare and Family Services | ||
and shall include representatives of the following agencies, | ||
organizations, or groups: | ||
(1) The Governor's office. | ||
(2) The Department of Healthcare and Family Services. | ||
(3) The Department of Human Services. | ||
(4) The Department on Aging. | ||
(5) The Department of Human Rights. | ||
(6) Area Agencies on Aging. | ||
(7) The Department of Public Health. | ||
(8) Managed Care Plans. | ||
(9) The for-profit urban nursing home or assisted | ||
living industry. | ||
(10) The for-profit rural nursing home or assisted | ||
living industry. | ||
(11) The not-for-profit nursing home or assisted | ||
living industry. | ||
(12) The home care association or home care industry. | ||
(13) The adult day care association or adult day care | ||
industry. | ||
(14) An association representing workers who provide | ||
long-term services and supports. |
(15) A representative of providers that serve the | ||
predominantly ethnic minority populations. | ||
(16) Case Management Organizations. | ||
(17) Three consumer representatives which may include | ||
a consumer of long-term services and supports or an | ||
individual who advocates for such consumers. For purposes | ||
of this provision, "consumer representative" means a | ||
person who is not an elected official and who has no | ||
financial interest in a health or long-term care delivery | ||
system. | ||
(c) The Task Force shall not meet unless all consumer | ||
representative positions are filled. The Task Force shall | ||
reflect diversity in race, ethnicity, and gender. | ||
(d) The Chair of the Task Force shall be appointed by the | ||
Director of the Department of Healthcare and Family Services. | ||
(e) The Director of the Department of Healthcare and Family | ||
Services shall assign appropriate staff and resources to | ||
support the efforts of the Task Force. The Task Force shall | ||
meet as often as necessary but not less than 4 times per | ||
calendar year. | ||
(f) The Task Force shall promote and facilitate | ||
communication, coordination, and collaboration among relevant | ||
State agencies and communities of color, limited | ||
English-speaking communities, and the private and public | ||
entities providing services to those communities. | ||
(g) The Task Force shall do all of the following: |
(1) Document the number and types of Long-Term Services | ||
and Supports (LTSS) providers in the State and the number | ||
of clients served in each setting. | ||
(2) Document the number and racial profiles of | ||
residents using LTSS , including, but not limited to, | ||
residential nursing facilities, assisted living | ||
facilities, adult day care, home health services, and other | ||
home and community based long-term care services. | ||
(3) Document the number and profiles of family or | ||
informal caregivers who provide care for minority elders. | ||
(4) Compare data over multiple years to identify trends | ||
in the delivery of LTSS for each racial or ethnic category | ||
including: Alaskan Native or American Indian, Asian or | ||
Pacific Islander, black or African American, Hispanic, or | ||
white. | ||
(5) Identify any racial disparities in the provision of | ||
care in various LTSS settings and determine factors that | ||
might influence the disparities found. | ||
(6) Identify any disparities uniquely experienced in | ||
metropolitan or rural areas and make recommendations to | ||
address these areas. | ||
(7) Assess whether the LTSS industry, including | ||
managed care plans and independent providers, is equipped | ||
to offer culturally sensitive, competent, and | ||
linguistically appropriate care to meet the needs of a | ||
diverse aging population and their informal and formal |
caregivers. | ||
(8) Consider whether to recommend that the State | ||
require all home and community based services as a | ||
condition of licensure to report data similar to that | ||
gathered under the Minimum Data Set and required when a new | ||
resident is admitted to a nursing home. | ||
(9) Identify and prioritize recommendations for | ||
actions to be taken by the State to address disparity | ||
issues identified in the course of these studies. | ||
(10) Monitor the progress of the State in eliminating | ||
racial disparities in the delivery of LTSS. | ||
(h) The Task Force shall conduct public hearings, | ||
inquiries, studies, and other forms of information gathering to | ||
identify how the actions of State government contribute to or | ||
reduce racial disparities in long-term care settings. | ||
(i) The Task Force shall report its findings and | ||
recommendations to the Governor and the General Assembly no | ||
later than one year after the effective date of this amendatory | ||
Act of the 98th General Assembly. Annual reports shall be | ||
issued every year thereafter and shall include documentation of | ||
progress made to eliminate disparities in long-term care | ||
service settings.
| ||
(Source: P.A. 98-825, eff. 8-1-14; revised 10-14-14.) | ||
Section 345. The Adult Protective Services Act is amended | ||
by changing Sections 7.5 and 15 as follows: |
(320 ILCS 20/7.5) | ||
Sec. 7.5. Registry. | ||
(a) To protect individuals receiving in-home and | ||
community-based services, the Department on Aging shall | ||
establish an Adult Protective Service Registry that will be | ||
hosted by the Department of Public Health on its website | ||
effective January 1, 2015, and, if practicable, shall propose | ||
rules for the Registry by January 1, 2015. | ||
(a-5) The Registry shall identify caregivers against whom a | ||
verified and substantiated finding was made under this Act of | ||
abuse, neglect, or financial exploitation. | ||
The information in the Registry shall be confidential | ||
except as specifically authorized in this Act and shall not be | ||
deemed a public record. | ||
(a-10) Reporting to the Registry. The Department on Aging | ||
shall report to the Registry the identity of the caregiver when | ||
a verified and substantiated finding of abuse, neglect, or | ||
financial exploitation of an eligible adult under this Act is | ||
made against a caregiver, and all appeals, challenges, and | ||
reviews, if any, have been completed and a finding for | ||
placement on the Registry has been sustained or upheld. | ||
A finding against a caregiver that is placed in the | ||
Registry shall preclude that caregiver from providing direct | ||
care, as defined in this Section, in a position with or that is | ||
regulated by or paid with public funds from the Department on |
Aging, the Department of Healthcare and Family Services, the | ||
Department of Human Services, or the Department of Public | ||
Health or with an entity or provider licensed, certified, or | ||
regulated by or paid with public funds from any of these State | ||
agencies. | ||
(b) Definitions. As used in this Section: | ||
"Direct care" includes, but is not limited to, direct | ||
access to a person aged 60 or older or to an adult with | ||
disabilities aged 18 through 59, his or her living quarters, or | ||
his or her personal, financial, or medical records for the | ||
purpose of providing nursing care or assistance with feeding, | ||
dressing, movement, bathing, toileting, other personal needs | ||
and activities of daily living or instrumental activities of | ||
daily living, or assistance with financial transactions. | ||
"Participant" means an individual who uses the services of | ||
an in-home care program funded through the Department on Aging, | ||
the Department of Healthcare and Family Services, the | ||
Department of Human Services, or the Department of Public | ||
Health. | ||
(c) Access to and use of the Registry. Access to the | ||
Registry shall be limited to the Department on Aging, the | ||
Department of Healthcare and Family Services, the Department of | ||
Human Services, and the Department of Public Health and | ||
providers of direct care as described in subsection (a-10) of | ||
this Section. These State agencies and providers shall not | ||
hire, compensate either directly or on behalf of a participant, |
or utilize the services of any person seeking to provide direct | ||
care without first conducting an online check of whether the | ||
person has been placed on the Registry. These State agencies | ||
and providers shall maintain a copy of the results of the | ||
online check to demonstrate compliance with this requirement. | ||
These State agencies and providers are prohibited from | ||
retaining, hiring, compensating either directly or on behalf of | ||
a participant, or utilizing the services of a person to provide | ||
direct care if the online check of the person reveals a | ||
verified and substantiated finding of abuse, neglect, or | ||
financial exploitation that has been placed on the Registry or | ||
when the State agencies or providers otherwise gain knowledge | ||
of such placement on the Registry. Failure to comply with this | ||
requirement may subject such a provider to corrective action by | ||
the appropriate regulatory agency or other lawful remedies | ||
provided under the applicable licensure, certification, or | ||
regulatory laws and rules. | ||
(d) Notice to caregiver. The Department on Aging shall
| ||
establish rules concerning notice to the caregiver in cases of | ||
a verified and substantiated finding of abuse, neglect, or | ||
financial exploitation against him or her that may make him or | ||
her eligible for placement on the Registry. | ||
(e) Notification to eligible adults, guardians, or agents. | ||
As part of its investigation, the Department on Aging shall | ||
notify an eligible adult, or an eligible adult's guardian or | ||
agent, that his or her caregiver's name may be placed on the |
Registry based on a finding as described in subsection (a-10) | ||
(a) of this Section. | ||
(f) Notification to employer. The Department on Aging shall | ||
notify the appropriate State agency or provider of direct care, | ||
as described in subsection (a-10), when there is a verified and | ||
substantiated finding of abuse, neglect, or financial | ||
exploitation in a case under this Act that is reported on the | ||
Registry and that involves one of its caregivers. That State | ||
agency or provider is prohibited from retaining or compensating | ||
that individual in a position that involves direct care, and if | ||
there is an imminent risk of danger to the victim or an | ||
imminent risk of misuse of personal, medical, or financial | ||
information, that caregiver shall immediately be barred from | ||
providing direct care to the victim pending the outcome of any | ||
challenge, appeal, criminal prosecution, or other type of | ||
collateral action. | ||
(g) Challenges and appeals. The Department on Aging
shall | ||
establish, by rule, procedures concerning challenges and | ||
appeals to placement on the Registry pursuant to legislative | ||
intent. The Department shall not make any report to the | ||
Registry pending challenges or appeals. | ||
(h) Caregiver's rights to collateral action. The | ||
Department on Aging shall not make any report to the Registry | ||
if a caregiver notifies the Department in writing that he or | ||
she is formally challenging an adverse employment action | ||
resulting from a verified and substantiated finding of abuse, |
neglect, or financial exploitation by complaint filed with the | ||
Illinois Civil Service Commission, or by another means which | ||
seeks to enforce the caregiver's rights pursuant to any | ||
applicable collective bargaining agreement. If an action taken | ||
by an employer against a caregiver as a result of such a | ||
finding is overturned through an action filed with the Illinois | ||
Civil Service Commission or under any applicable collective | ||
bargaining agreement after that caregiver's name has already | ||
been sent to the Registry, the caregiver's name shall be | ||
removed from the Registry. | ||
(i) Removal from Registry. At any time after a report to | ||
the Registry, but no more than once in each successive 3-year | ||
period thereafter, for a maximum of 3 such requests, a | ||
caregiver may request removal of his or her name from the | ||
Registry in relationship to a single incident. The caregiver | ||
shall bear the burden of establishing, by a preponderance of | ||
the evidence, that removal of his or her name from the Registry | ||
is in the public interest. Upon receiving such a request, the | ||
Department on Aging shall conduct an investigation and consider | ||
any evidentiary material provided. The Department shall issue a | ||
decision either granting or denying removal to the caregiver | ||
and report it to the Registry. The Department shall, by rule, | ||
establish standards and a process for requesting the removal of | ||
a name from the Registry. | ||
(j) Referral of Registry reports to health care facilities. | ||
In the event an eligible adult receiving services from a |
provider agency changes his or her residence from a domestic | ||
living situation to that of a health care or long term care | ||
facility, the provider agency shall use reasonable efforts to | ||
promptly inform the facility and the appropriate Regional Long | ||
Term Care Ombudsman about any Registry reports relating to the | ||
eligible adult. For purposes of this Section, a health care or | ||
long term care facility includes, but is not limited to, any | ||
residential facility licensed, certified, or regulated by the | ||
Department of Public Health, Healthcare and Family Services, or | ||
Human Services.
| ||
(k) The Department on Aging and its employees and agents | ||
shall have immunity, except for intentional willful and wanton | ||
misconduct, from any liability, civil, criminal, or otherwise, | ||
for reporting information to and maintaining the Registry. | ||
(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14; | ||
98-1039, eff. 8-25-14; revised 10-2-14.) | ||
(320 ILCS 20/15) | ||
Sec. 15. Fatality Review Teams. | ||
(a) State policy. | ||
(1) Both the State and the community maintain a | ||
commitment to preventing the abuse, neglect, and financial | ||
exploitation of at-risk adults. This includes a charge to | ||
bring perpetrators of crimes against at-risk adults to | ||
justice and prevent untimely deaths in the community. | ||
(2) When an at-risk adult dies, the response to the |
death by the community, law enforcement, and the State must | ||
include an accurate and complete determination of the cause | ||
of death, and the development and implementation of | ||
measures to prevent future deaths from similar causes. | ||
(3) Multidisciplinary and multi-agency reviews of | ||
deaths can assist the State and counties in developing a | ||
greater understanding of the incidence and causes of | ||
premature deaths and the methods for preventing those | ||
deaths, improving methods for investigating deaths, and | ||
identifying gaps in services to at-risk adults. | ||
(4) Access to information regarding the deceased | ||
person and his or her family by multidisciplinary and | ||
multi-agency fatality review teams is necessary in order to | ||
fulfill their purposes and duties. | ||
(a-5) Definitions. As used in this Section: | ||
"Advisory Council" means the Illinois Fatality Review | ||
Team Advisory Council. | ||
"Review Team" means a regional interagency fatality | ||
review team. | ||
(b) The Director, in consultation with the Advisory | ||
Council, law enforcement, and other professionals who work in | ||
the fields of investigating, treating, or preventing abuse or | ||
neglect of at-risk adults, shall appoint members to a minimum | ||
of one review team in each of the Department's planning and | ||
service areas. Each member of a review team shall be appointed | ||
for a 2-year term and shall be eligible for reappointment upon |
the expiration of the term. A review team's purpose in | ||
conducting review of at-risk adult deaths is: (i) to assist | ||
local agencies in identifying and reviewing suspicious deaths | ||
of adult victims of alleged, suspected, or substantiated abuse | ||
or neglect in domestic living situations; (ii) to facilitate | ||
communications between officials responsible for autopsies and | ||
inquests and persons involved in reporting or investigating | ||
alleged or suspected cases of abuse, neglect, or financial | ||
exploitation of at-risk adults and persons involved in | ||
providing services to at-risk adults; (iii) to evaluate means | ||
by which the death might have been prevented; and (iv) to | ||
report its findings to the appropriate agencies and the | ||
Advisory Council and make recommendations that may help to | ||
reduce the number of at-risk adult deaths caused by abuse and | ||
neglect and that may help to improve the investigations of | ||
deaths of at-risk adults and increase prosecutions, if | ||
appropriate. | ||
(b-5) Each such team shall be composed of representatives | ||
of entities and individuals including, but not limited to: | ||
(1) the Department on Aging; | ||
(2) coroners or medical examiners (or both); | ||
(3) State's Attorneys; | ||
(4) local police departments; | ||
(5) forensic units; | ||
(6) local health departments; | ||
(7) a social service or health care agency that |
provides services to persons with mental illness, in a | ||
program whose accreditation to provide such services is | ||
recognized by the Division of Mental Health within the | ||
Department of Human Services; | ||
(8) a social service or health care agency that | ||
provides services to persons with developmental | ||
disabilities, in a program whose accreditation to provide | ||
such services is recognized by the Division of | ||
Developmental Disabilities within the Department of Human | ||
Services; | ||
(9) a local hospital, trauma center, or provider of | ||
emergency medicine; | ||
(10) providers of services for eligible adults in | ||
domestic living situations; and | ||
(11) a physician, psychiatrist, or other health care | ||
provider knowledgeable about abuse and neglect of at-risk | ||
adults. | ||
(c) A review team shall review cases of deaths of at-risk | ||
adults occurring in its planning and service area (i) involving | ||
blunt force trauma or an undetermined manner or suspicious | ||
cause of death ; , (ii) if requested by the deceased's attending | ||
physician or an emergency room physician ; , (iii) upon referral | ||
by a health care provider ; , (iv) upon referral by a coroner or | ||
medical examiner ; , (v) constituting an open or closed case from | ||
an adult protective services agency, law enforcement agency, | ||
State's Attorney's office, or the Department of Human Services' |
Office of the Inspector General that involves alleged or | ||
suspected abuse, neglect, or financial exploitation; or
(vi) | ||
upon referral by a law enforcement agency or State's Attorney's | ||
office. If such a death occurs in a planning and service area | ||
where a review team has not yet been established, the Director | ||
shall request that the Advisory Council or another review team | ||
review that death. A team may also review deaths of at-risk | ||
adults if the alleged abuse or neglect occurred while the | ||
person was residing in a domestic living situation. | ||
A review team shall meet not less than 6 times a year to | ||
discuss cases for its possible review. Each review team, with | ||
the advice and consent of the Department, shall establish | ||
criteria to be used in discussing cases of alleged, suspected, | ||
or substantiated abuse or neglect for review and shall conduct | ||
its activities in accordance with any applicable policies and | ||
procedures established by the Department. | ||
(c-5) The Illinois Fatality Review Team Advisory Council, | ||
consisting of one member from each review team in Illinois, | ||
shall be the coordinating and oversight body for review teams | ||
and activities in Illinois. The Director may appoint to the | ||
Advisory Council any ex-officio members deemed necessary. | ||
Persons with expertise needed by the Advisory Council may be | ||
invited to meetings. The Advisory Council must select from its | ||
members a chairperson and a vice-chairperson, each to serve a | ||
2-year term. The chairperson or vice-chairperson may be | ||
selected to serve additional, subsequent terms. The Advisory |
Council must meet at least 4 times during each calendar year. | ||
The Department may provide or arrange for the staff support | ||
necessary for the Advisory Council to carry out its duties. The | ||
Director, in cooperation and consultation with the Advisory | ||
Council, shall appoint, reappoint, and remove review team | ||
members. | ||
The Advisory Council has, but is not limited to, the | ||
following duties: | ||
(1) To serve as the voice of review teams in Illinois. | ||
(2) To oversee the review teams in order to ensure that | ||
the review teams' work is coordinated and in compliance | ||
with State statutes and the operating protocol. | ||
(3) To ensure that the data, results, findings, and | ||
recommendations of the review teams are adequately used in | ||
a timely manner to make any necessary changes to the | ||
policies, procedures, and State statutes in order to | ||
protect at-risk adults. | ||
(4) To collaborate with the Department in order to | ||
develop any legislation needed to prevent unnecessary | ||
deaths of at-risk adults. | ||
(5) To ensure that the review teams' review processes | ||
are standardized in order to convey data, findings, and | ||
recommendations in a usable format. | ||
(6) To serve as a link with review teams throughout the | ||
country and to participate in national review team | ||
activities. |
(7) To provide the review teams with the most current | ||
information and practices concerning at-risk adult death | ||
review and related topics. | ||
(8) To perform any other functions necessary to enhance | ||
the capability of the review teams to reduce and prevent | ||
at-risk adult fatalities. | ||
The Advisory Council may prepare an annual report, in | ||
consultation with the Department, using aggregate data | ||
gathered by review teams and using the review teams' | ||
recommendations to develop education, prevention, prosecution, | ||
or other strategies designed to improve the coordination of | ||
services for at-risk adults and their families. | ||
In any instance where a review team does not operate in | ||
accordance with established protocol, the Director, in | ||
consultation and cooperation with the Advisory Council, must | ||
take any necessary actions to bring the review team into | ||
compliance with the protocol. | ||
(d) Any document or oral or written communication shared | ||
within or produced by the review team relating to a case | ||
discussed or reviewed by the review team is confidential and is | ||
not admissible as evidence in any civil or criminal proceeding, | ||
except for use by a State's Attorney's office in prosecuting a | ||
criminal case against a caregiver. Those records and | ||
information are, however, subject to discovery or subpoena, and | ||
are admissible as evidence, to the extent they are otherwise | ||
available to the public. |
Any document or oral or written communication provided to a | ||
review team by an individual or entity, and created by that | ||
individual or entity solely for the use of the review team, is | ||
confidential, is not subject to disclosure to or discoverable | ||
by another party, and is not admissible as evidence in any | ||
civil or criminal proceeding, except for use by a State's | ||
Attorney's office in prosecuting a criminal case against a | ||
caregiver. Those records and information are, however, subject | ||
to discovery or subpoena, and are admissible as evidence, to | ||
the extent they are otherwise available to the public. | ||
Each entity or individual represented on the fatality | ||
review team may share with other members of the team | ||
information in the entity's or individual's possession | ||
concerning the decedent who is the subject of the review or | ||
concerning any person who was in contact with the decedent, as | ||
well as any other information deemed by the entity or | ||
individual to be pertinent to the review. Any such information | ||
shared by an entity or individual with other members of the | ||
review team is confidential. The intent of this paragraph is to | ||
permit the disclosure to members of the review team of any | ||
information deemed confidential or privileged or prohibited | ||
from disclosure by any other provision of law. Release of | ||
confidential communication between domestic violence advocates | ||
and a domestic violence victim shall follow subsection (d) of | ||
Section 227 of the Illinois Domestic Violence Act of 1986 which | ||
allows for the waiver of privilege afforded to guardians, |
executors, or administrators of the estate of the domestic | ||
violence victim. This provision relating to the release of | ||
confidential communication between domestic violence advocates | ||
and a domestic violence victim shall exclude adult protective | ||
service providers.
| ||
A coroner's or medical examiner's office may share with the | ||
review team medical records that have been made available to | ||
the coroner's or medical examiner's office in connection with | ||
that office's investigation of a death. | ||
Members of a review team and the Advisory Council are not | ||
subject to examination, in any civil or criminal proceeding, | ||
concerning information presented to members of the review team | ||
or the Advisory Council or opinions formed by members of the | ||
review team or the Advisory Council based on that information. | ||
A person may, however, be examined concerning information | ||
provided to a review team or the Advisory Council. | ||
(d-5) Meetings of the review teams and the Advisory Council | ||
may be closed to the public under the Open Meetings Act. | ||
Records and information provided to a review team and the | ||
Advisory Council, and records maintained by a team or the | ||
Advisory Council, are exempt from release under the Freedom of | ||
Information Act. | ||
(e) A review team's recommendation in relation to a case | ||
discussed or reviewed by the review team, including, but not | ||
limited to, a recommendation concerning an investigation or | ||
prosecution, may be disclosed by the review team upon the |
completion of its review and at the discretion of a majority of | ||
its members who reviewed the case. | ||
(e-5) The State shall indemnify and hold harmless members | ||
of a review team and the Advisory Council for all their acts, | ||
omissions, decisions, or other conduct arising out of the scope | ||
of their service on the review team or Advisory Council, except | ||
those involving willful or wanton misconduct. The method of | ||
providing indemnification shall be as provided in the State | ||
Employee Indemnification Act. | ||
(f) The Department, in consultation with coroners, medical | ||
examiners, and law enforcement agencies, shall use aggregate | ||
data gathered by and recommendations from the Advisory Council | ||
and the review teams to create an annual report and may use | ||
those data and recommendations to develop education, | ||
prevention, prosecution, or other strategies designed to | ||
improve the coordination of services for at-risk adults and | ||
their families. The Department or other State or county agency, | ||
in consultation with coroners, medical examiners, and law | ||
enforcement agencies, also may use aggregate data gathered by | ||
the review teams to create a database of at-risk individuals.
| ||
(g) The Department shall adopt such rules and regulations | ||
as it deems necessary to implement this Section. | ||
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | ||
revised 11-26-14.) | ||
Section 350. The Abused and Neglected Child Reporting Act |
is amended by changing Sections 7.8 and 7.14 as follows:
| ||
(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| ||
Sec. 7.8.
Upon receiving an oral or written report of | ||
suspected
child abuse or neglect, the Department shall | ||
immediately notify, either
orally or electronically, the Child | ||
Protective Service Unit of a previous
report concerning a | ||
subject of the present report or other pertinent
information. | ||
In addition, upon satisfactory identification procedures, to
| ||
be established by Department regulation, any person authorized | ||
to have
access to records under Section 11.1 relating to child | ||
abuse and neglect
may request and shall be immediately provided | ||
the information requested in
accordance with this Act. However, | ||
no information shall be released unless
it prominently states | ||
the report is "indicated", and only information from
| ||
"indicated" reports shall be released, except that information | ||
concerning
pending reports may be released pursuant to Sections | ||
7.14 and 7.22 of this Act to the attorney or guardian ad litem | ||
appointed under Section 2-17 of the Juvenile Court Act of 1987 | ||
and to any person authorized under
paragraphs (1), (2), (3) and | ||
(11) of Section 11.1. In addition, State's
Attorneys are | ||
authorized to receive unfounded reports for prosecution
| ||
purposes related to the transmission of false reports of child | ||
abuse or
neglect in violation of subsection (a), paragraph (7) | ||
of Section 26-1
of the Criminal Code of 2012 and attorneys and | ||
guardians ad litem appointed under
Article II of the Juvenile |
Court Act of 1987 shall receive the
reports set forth in | ||
Section 7.14 of this Act in conformance with paragraph
(19) of | ||
Section 11.1 and Section 7.14 of this Act. The names and other
| ||
identifying data and the dates and the circumstances of any | ||
persons
requesting or receiving information from the central | ||
register shall be
entered in the register record.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | ||
revised 11-25-14.)
| ||
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||
Sec. 7.14. All reports in the central register shall be | ||
classified in one
of three categories: "indicated", | ||
"unfounded" or "undetermined", as the
case may be. Prior to | ||
classifying the report, the person making the
classification | ||
shall determine whether the child named in the
report is the | ||
subject of an action under Article II of the Juvenile Court
Act | ||
of 1987. If the child is the subject of an action under Article | ||
II of the
Juvenile Court Act of 1987 and the Department intends | ||
to classify the report as indicated, the Department shall, | ||
within 45 days of classification of the report, transmit a copy | ||
of the report to
the attorney or guardian ad litem appointed | ||
for the child under Section 2-17 of the
Juvenile Court Act of | ||
1987 . If the child is the subject of an action under Article II | ||
of the Juvenile Court Act of 1987 and the Department intends to | ||
classify the report as unfounded, the Department shall, within | ||
45 days of deciding its intent to classify the report as |
unfounded, transmit a copy of the report and written notice of | ||
the Department's intent to the attorney or guardian ad litem | ||
appointed for the child under Section 2-17 of the Juvenile | ||
Court Act of 1987 . All information identifying the subjects of | ||
an unfounded
report shall be expunged from the register
| ||
forthwith, except as provided in Section 7.7.
Unfounded reports | ||
may only be made available to the Child
Protective Service Unit | ||
when investigating a subsequent report of suspected
abuse or | ||
maltreatment involving a child named in the unfounded report; | ||
and to
the subject of the report, provided the Department has | ||
not expunged the file in accordance with Section 7.7. The Child | ||
Protective
Service Unit shall not indicate the subsequent | ||
report solely based upon the
existence of the prior unfounded | ||
report or reports. Notwithstanding any other
provision of law | ||
to the contrary, an unfounded report shall not be admissible
in | ||
any judicial or administrative proceeding or action.
| ||
Identifying information on all other records shall be
removed | ||
from the register no later than 5 years after the report is | ||
indicated.
However, if another report is received involving the | ||
same child, his sibling
or offspring, or a child in the care of | ||
the persons responsible for the
child's welfare, or involving | ||
the same alleged offender, the
identifying
information may be | ||
maintained in the register
until 5 years after the subsequent | ||
case or report is closed.
| ||
Notwithstanding any other provision of this Section, | ||
identifying
information in indicated reports involving serious |
physical injury to a child as defined by the
Department in | ||
rules, may be retained longer than 5 years after the report
is | ||
indicated or after the subsequent case or report is closed, and | ||
may not
be removed from the register except as provided by the | ||
Department in rules. Identifying information in indicated | ||
reports involving sexual penetration of a child, sexual | ||
molestation of a child, sexual exploitation of a child, torture | ||
of a child, or the death of a child, as defined by the | ||
Department in rules, shall be retained for a period of not less | ||
than 50 years after the report is indicated or after the | ||
subsequent case or report is closed.
| ||
For purposes of this Section "child" includes an adult | ||
resident as defined in this Act. | ||
(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | ||
98-807, eff. 8-1-14; revised 11-25-14.)
| ||
Section 355. The Lead Poisoning Prevention Act is amended | ||
by changing Sections 4, 5, 6.2, 7.2, 9.4, and 10 as follows:
| ||
(410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
| ||
Sec. 4. Sale of items containing lead-bearing substance. No | ||
person shall sell, have, offer for sale, or transfer toys,
| ||
furniture, clothing, accessories, jewelry, decorative objects, | ||
edible items, candy, food, dietary supplements, or other | ||
articles used by or intended to be chewable by children that | ||
contain contains a lead-bearing substance.
|
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
(410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
| ||
Sec. 5. Sale of objects containing lead-bearing substance. | ||
No person
shall sell or transfer or offer for sale or transfer | ||
any fixtures or other
objects intended to be used, installed, | ||
or located in or upon any surface
of a regulated facility , that | ||
contain
contains a lead-bearing substance and that, in the | ||
ordinary course of use,
are accessible to or chewable by | ||
children.
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||
Sec. 6.2. Testing children and pregnant persons.
| ||
(a) Any physician licensed to practice medicine in all its | ||
branches or health care provider who sees or treats children 6 | ||
years
of age or younger shall test those children for
lead | ||
poisoning when those children reside in an area defined as high | ||
risk
by the Department. Children residing in areas defined as | ||
low risk by the
Department shall be evaluated for risk by the | ||
Childhood Lead Risk Questionnaire developed
by the Department | ||
and tested if indicated. Children shall be evaluated in | ||
accordance with rules adopted by the Department.
| ||
(b) Each licensed, registered, or approved health care | ||
facility serving
children 6 years of age or younger, including , | ||
but not
limited to,
health departments, hospitals, clinics, and |
health maintenance
organizations approved, registered, or | ||
licensed by the Department, shall take
the appropriate steps to | ||
ensure that children 6 years of age or younger be evaluated for | ||
risk or tested for lead poisoning or both.
| ||
(c) Children 7 years and older and pregnant persons may | ||
also be tested by physicians or
health care providers, in | ||
accordance with rules adopted by the Department. Physicians and | ||
health care providers shall also evaluate
children for lead | ||
poisoning in conjunction with the school health
examination, as | ||
required under the School Code, when, in the medical judgement
| ||
of the physician, advanced practice nurse who has a written | ||
collaborative
agreement with a
collaborating
physician
that | ||
authorizes the advance practice nurse to perform health | ||
examinations, or
physician
assistant who has been delegated to | ||
perform health examinations by the
supervising
physician, the | ||
child is potentially at high risk of lead poisoning.
| ||
(d) (Blank).
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| ||
Sec. 7.2. Fees; reimbursement; Lead Poisoning Screening, | ||
Prevention, and Abatement Fund.
| ||
(a) The Department may establish fees according to a | ||
reasonable fee
structure to cover the cost of providing a | ||
testing service for laboratory
analysis of blood lead tests and | ||
any necessary follow-up. Fees collected
from the Department's |
testing service shall be placed in a special fund in
the State | ||
treasury known as the Lead Poisoning Screening, Prevention, and
| ||
Abatement Fund. Other State and federal funds for expenses | ||
related to lead
poisoning screening, follow-up, treatment, and | ||
abatement programs may also
be placed in the Fund. Moneys shall | ||
be appropriated from the Fund to the
Department for the | ||
implementation and enforcement of this Act.
| ||
(b) The Department shall certify, as required by the | ||
Department of Healthcare and Family Services, any | ||
non-reimbursed public expenditures for all approved lead | ||
testing and evaluation activities for Medicaid-eligible | ||
children expended by the Department from the non-federal | ||
portion of funds, including, but not limited to, assessment of | ||
home, physical, and family environments; comprehensive | ||
environmental lead investigation; and laboratory services for | ||
Medicaid-eligible children. The Department of Healthcare and | ||
Family Services shall provide appropriate Current Procedural | ||
Terminology (CPT) Codes for all billable services and claim | ||
federal financial participation for the properly certified | ||
public expenditures submitted to it by the Department. Any | ||
federal financial participation revenue received pursuant to | ||
this Act shall be deposited in the Lead Poisoning Screening, | ||
Prevention, and Abatement Fund. | ||
(c) Any delegate agency may establish fees, according to a | ||
reasonable
fee structure, to cover the costs of drawing blood | ||
for blood lead testing and evaluation
and any necessary |
follow-up.
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
(410 ILCS 45/9.4) | ||
Sec. 9.4. Owner's obligation to post notice. The owner of a | ||
regulated facility who has received a mitigation notice under | ||
Section 9 of this Act shall post notices at all entrances to | ||
the regulated facility specifying the identified lead hazards. | ||
The posted notices, drafted by the Department and sent to the | ||
property owner with the notification of lead hazards, shall | ||
indicate the following: | ||
(1) that a unit or units in the building have been | ||
found to have lead hazards; | ||
(2) that other units in the building may have lead | ||
hazards; | ||
(3) that the Department recommends that children 6 | ||
years of age or younger receive a blood lead testing; | ||
(4) where to seek further information; and | ||
(5) whether 2 or more mitigation notices have been | ||
issued for the regulated facility within a 5-year period of | ||
time. | ||
Once the owner has complied with a mitigation notice or | ||
mitigation order issued by the Department, the owner may remove | ||
the notices posted pursuant to this Section.
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
|
(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| ||
Sec. 10.
The Department, or representative of a unit of | ||
local government or
health department approved by the | ||
Department for this purpose, shall report any
violation of this | ||
Act to the State's Attorney of the county in which the
| ||
regulated facility is located. The State's Attorney has the | ||
authority to charge the owner with a Class
A misdemeanor, and | ||
who shall take additional measures to ensure that rent is
| ||
withheld from the owner by the occupants of the dwelling units
| ||
affected, until the mitigation requirements under Section 9 of | ||
this Act are
complied with.
| ||
No tenant shall be evicted because rent is withheld under | ||
the provisions of this Act, or because of
any action required | ||
of the owner of the regulated facility as a result of | ||
enforcement of
this Act.
| ||
(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||
Section 360. The AIDS Confidentiality Act is amended by | ||
changing Sections 9 and 9.7 as follows:
| ||
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| ||
Sec. 9. (1) No person may disclose or be compelled to | ||
disclose HIV-related information, except to the following | ||
persons:
| ||
(a) The subject of an HIV test or the subject's legally
| ||
authorized representative. A physician may notify the |
spouse of the
test subject, if the test result is positive | ||
and has been confirmed
pursuant to rules adopted by the | ||
Department, provided that the physician has
first sought | ||
unsuccessfully to persuade the patient to notify the spouse | ||
or
that, a reasonable time after the patient has agreed to | ||
make the
notification, the physician has reason to believe | ||
that the patient has not
provided the notification. This | ||
paragraph shall not create a duty or
obligation under which | ||
a physician must notify the spouse of the test
results, nor | ||
shall such duty or obligation be implied. No civil | ||
liability
or criminal sanction under this Act shall be | ||
imposed for any disclosure or
non-disclosure of a test | ||
result to a spouse by a physician acting in good
faith | ||
under this paragraph. For the purpose of any proceedings, | ||
civil or
criminal, the good faith of any physician acting | ||
under this paragraph shall
be presumed.
| ||
(b) Any person designated in a legally effective | ||
authorization for release of the HIV-related information | ||
executed by the subject of the HIV-related information or | ||
the subject's legally
authorized representative.
| ||
(c) An authorized agent or employee of a health | ||
facility or health care
provider if the health facility or | ||
health care provider itself is
authorized to obtain the | ||
test results, the agent or employee provides
patient care | ||
or handles or processes specimens of body fluids or | ||
tissues,
and the agent or employee has a need to know such |
information.
| ||
(d) The Department and local health authorities | ||
serving a population of over 1,000,000 residents or other | ||
local health authorities as designated by the Department, | ||
in accordance with rules for reporting, preventing, and
| ||
controlling the spread of disease and the conduct of public | ||
health surveillance, public health investigations, and | ||
public health interventions, as otherwise provided by | ||
State law.
The Department,
local health authorities, and | ||
authorized representatives shall not disclose HIV test | ||
results and HIV-related
information, publicly or in any | ||
action of any kind in any court or
before any tribunal, | ||
board, or agency. HIV test results and HIV-related | ||
information shall be
protected from disclosure in | ||
accordance with the provisions of Sections 8-2101
through | ||
8-2105 of the Code of Civil Procedure.
| ||
(e) A health facility, health care provider, or health | ||
care professional which procures, processes,
distributes | ||
or uses: (i) a human body part from a deceased person
with | ||
respect to medical information regarding that person; or | ||
(ii) semen
provided prior to the effective date of this Act | ||
for the purpose of
artificial insemination.
| ||
(f) Health facility staff committees for the purposes | ||
of conducting
program monitoring, program evaluation or | ||
service reviews.
| ||
(f-5) A court in accordance with the provisions of |
Section 12-5.01 of the Criminal Code of 2012. | ||
(g) (Blank).
| ||
(h) Any health care provider, health care | ||
professional, or employee of a health facility, and any
| ||
firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I, | ||
involved in an accidental direct
skin or mucous membrane | ||
contact with the blood or bodily fluids of an
individual | ||
which is of a nature that may transmit HIV, as determined | ||
by a
physician in his medical judgment.
| ||
(i) Any law enforcement officer, as defined in | ||
subsection (c) of
Section 7, involved in the line of duty | ||
in a direct skin or mucous membrane
contact with the blood | ||
or bodily fluids of an individual which is of a
nature that | ||
may transmit HIV, as determined by a physician in his | ||
medical
judgment.
| ||
(j) A temporary caretaker of a child taken into | ||
temporary protective
custody by the Department of Children | ||
and Family Services pursuant to Section 5
of the Abused and | ||
Neglected Child Reporting Act, as now or hereafter amended.
| ||
(k) In the case of a minor under 18 years of age whose | ||
test result is
positive and has been confirmed
pursuant to | ||
rules adopted by the Department, the health care | ||
professional who ordered the test shall make a reasonable
| ||
effort to notify the minor's parent or legal guardian if, | ||
in the
professional judgment
of the health care | ||
professional, notification would be
in the best interest of |
the child and the health care professional has first
sought | ||
unsuccessfully to persuade the minor to notify the parent | ||
or legal
guardian or a reasonable time after the minor has | ||
agreed to notify
the parent or legal guardian, the health | ||
care professional has reason to
believe that the minor has | ||
not made the notification. This subsection
shall not create | ||
a duty or obligation under which a health care professional
| ||
must notify the minor's parent or legal guardian of the | ||
test results, nor
shall a duty or obligation be implied. No | ||
civil liability or criminal sanction
under this Act shall | ||
be imposed for any notification or non-notification of a
| ||
minor's test result by a health care professional acting in | ||
good faith under this
subsection. For the purpose of any | ||
proceeding, civil or criminal, the good
faith of any health | ||
care professional acting under this subsection shall be
| ||
presumed.
| ||
(2) All information and records held by a State agency, | ||
local health authority, or health oversight agency pertaining | ||
to HIV-related information shall be strictly confidential and | ||
exempt from copying and inspection under the Freedom of | ||
Information Act. The information and records shall not be | ||
released or made public by the State agency, local health | ||
authority, or health oversight agency, shall not be admissible | ||
as evidence nor discoverable in any action of any kind in any | ||
court or before any tribunal, board, agency, or person, and | ||
shall be treated in the same manner as the information and |
those records subject to the provisions of Part 21 of Article | ||
VIII of the Code of Civil Procedure, except under the following | ||
circumstances: | ||
(A) when made with the written consent of all persons | ||
to whom the information pertains; or | ||
(B) when authorized by Section 5-4-3 of the Unified | ||
Code of Corrections. | ||
Disclosure shall be limited to those who have a need to | ||
know the information, and no additional disclosures may be | ||
made. | ||
(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13; | ||
98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
| ||
(410 ILCS 305/9.7) | ||
Sec. 9.7. Record locator service to support HIE. Section | ||
9.9 of the Mental Health and Developmental Disabilities and | ||
Confidentiality Act is herein incorporated by reference.
| ||
(Source: P.A. 98-1046, eff. 1-1-15; revised 11-26-14.) | ||
Section 365. The Health Care Professional Credentials Data | ||
Collection Act is amended by changing Section 51 as follows: | ||
(410 ILCS 517/51) | ||
Sec. 51. Licensure records. Licensure records designated | ||
confidential and considered expunged for reporting purposes by | ||
the licensee under Section 2105-207 of the Civil Administrative |
Code of Illinois are not reportable under this Act.
| ||
(Source: P.A. 98-816, eff. 8-1-14; revised 12-10-14.) | ||
Section 370. The Illinois Food, Drug and Cosmetic Act is | ||
amended by changing Section 3.21 as follows:
| ||
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| ||
Sec. 3.21. Except as authorized by this Act, the Illinois | ||
Controlled Substances
Act, the Pharmacy Practice Act, the | ||
Dental Practice Act, the Medical
Practice Act of 1987, the | ||
Veterinary Medicine and Surgery Practice Act of
2004, the | ||
Podiatric Medical Practice Act of 1987, or Section 22-30 of the | ||
School Code, to sell or dispense a
prescription drug without a | ||
prescription.
| ||
(Source: P.A. 97-361, eff. 8-15-11; revised 11-26-14.)
| ||
Section 375. The Food Handling Regulation Enforcement Act | ||
is amended by changing Section 3.06 and setting forth and | ||
renumbering multiple versions of Section 3.4 as follows: | ||
(410 ILCS 625/3.06) | ||
Sec. 3.06. Food handler training; restaurants. | ||
(a) For the purpose of this Section, "restaurant" means any | ||
business that is primarily engaged in the sale of ready-to-eat | ||
food for immediate consumption. "Primarily engaged" means | ||
having sales of ready-to-eat food for immediate consumption |
comprising at least 51% of the total sales, excluding the sale | ||
of liquor. | ||
(b) Unless otherwise provided, all food handlers employed | ||
by a restaurant, other than someone holding a food service | ||
sanitation manager certificate, must receive or obtain | ||
American National Standards Institute-accredited training in | ||
basic safe food handling principles within 30 days after | ||
employment and every 3 years thereafter. Notwithstanding the | ||
provisions of Section 3.05 of this Act, food handlers employed | ||
in nursing homes, licensed day care homes and facilities, | ||
hospitals, schools, and long-term care facilities must renew | ||
their training every 3 years. There is no limit to how many | ||
times an employee may take the training. The training indicated | ||
in subsections (e) and (f) of this Section is transferable | ||
between employers, but not individuals. The training indicated | ||
in subsections (c) and (d) of this Section is not transferable | ||
between individuals or employers. Proof that a food handler has | ||
been trained must be available upon reasonable request by a | ||
State or local health department inspector and may be provided | ||
electronically. | ||
(c) If a business with an internal training program is | ||
approved in another state prior to the effective date of this | ||
amendatory Act of the 98th General Assembly, then the | ||
business's training program and assessment shall be | ||
automatically approved by the Department upon the business | ||
providing proof that the program is approved in said state. |
(d) The Department shall approve the training program of | ||
any multi-state business with a plan that follows the | ||
guidelines in subsection (b) of Section 3.05 of this Act and is | ||
on file with the Department by May 15, 2013. | ||
(e) If an entity uses an American National Standards | ||
Institute food handler training accredited program, that | ||
training program shall be automatically approved by the | ||
Department. | ||
(f) Certified local health departments in counties serving | ||
jurisdictions with a population of 100,000 or less, as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population, may | ||
have a training program. The training program must meet the | ||
requirements of Section 3.05(b) and be approved by the | ||
Department. This Section notwithstanding, certified local | ||
health departments in the following counties may have a | ||
training program: | ||
(1) a county with a population of 677,560 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population; | ||
(2) a county with a population of 308,760 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population; | ||
(3) a county with a population of 515,269 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population; | ||
(4) a county with a population of 114,736 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population; | ||
(5) a county with a population of 110,768 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population; |
(6) a county with a population of 135,394 as reported | ||
by the U.S. Census Bureau in the 2010 Census of Population. | ||
The certified local health departments in paragraphs (1) | ||
through (6) of this subsection (f) must have their training | ||
programs program on file with the Department no later than 90 | ||
days after the effective date of this Act. Any modules that | ||
meet the requirements of subsection (b) of Section 3.05 of this | ||
Act and are not approved within 180 days after the Department's | ||
receipt of the application of the entity seeking to conduct the | ||
training shall automatically be considered approved by the | ||
Department. | ||
(g) Any and all documents, materials, or information | ||
related to a restaurant or business food handler training | ||
module submitted to the Department is confidential and shall | ||
not be open to public inspection or dissemination and is exempt | ||
from disclosure under Section 7 of the Freedom of Information | ||
Act. Training may be conducted by any means available, | ||
including, but not limited to, on-line, computer, classroom, | ||
live trainers, remote trainers, and certified food service | ||
sanitation managers. There must be at least one commercially | ||
available, approved food handler training module at a cost of | ||
no more than $15 per employee; if an approved food handler | ||
training module is not available at that cost, then the | ||
provisions of this Section 3.06 shall not apply. | ||
(h) The regulation of food handler training is considered | ||
to be an exclusive function of the State, and local regulation |
is prohibited. This subsection (h) is a denial and limitation | ||
of home rule powers and functions under subsection (h) of | ||
Section 6 of Article VII of the Illinois Constitution. | ||
(i) The provisions of this Section apply beginning July 1, | ||
2014. From July 1, 2014 through December 31, 2014, enforcement | ||
of the provisions of this Section shall be limited to education | ||
and notification of requirements to encourage compliance.
| ||
(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.) | ||
(410 ILCS 625/3.4) | ||
Sec. 3.4. Product samples. | ||
(a) For the purpose of this Section, "food product | ||
sampling" means food product samples distributed free of charge | ||
for promotional or educational purposes only. | ||
(b) Notwithstanding any other provision of law, except as | ||
provided in subsection (c) of this Section, a vendor who | ||
engages in food product sampling at a farmers' market may do so | ||
without obtaining a State or local permit to provide those food | ||
product samples, provided the vendor complies with the State | ||
and local permit requirements to sell the food product to be | ||
sampled and with the food preparation, food handling, food | ||
storage, and food sampling requirements specified in the | ||
administrative rules adopted by the Department to implement | ||
Section 3.3 and Section 3.4 of this Act. | ||
The Department of Public Health is instructed to work with | ||
the Farmers' Market Task Force as created in Section 3.3 of |
this Act to establish a food sampling at farmers' market | ||
training and certification program to fulfill this | ||
requirement. The Department shall adopt rules for the food | ||
sampling training and certification program and product | ||
sampling requirements at farmers' markets in accordance with | ||
subsection (j) of Section 3.3. The Department may charge a | ||
reasonable fee for the training and certification program. The | ||
Department may delegate or contract authority to administer the | ||
food sampling training to other qualified public and private | ||
entities. | ||
(c) Notwithstanding the provisions of subsection (b) of | ||
this Section, the Department of Public Health, the Department | ||
of Agriculture, a local municipal health department, or a | ||
certified local health department may inspect a vendor at a | ||
farmers' market to ensure compliance with the provisions in | ||
this Section. If an imminent health hazard exists or a vendor's | ||
product has been found to be misbranded, adulterated, or not in | ||
compliance with the permit exemption for vendors pursuant to | ||
this Section, then the regulatory authority may invoke | ||
cessation of sales until it deems that the situation has been | ||
addressed.
| ||
(Source: P.A. 98-660, eff. 6-23-14.) | ||
(410 ILCS 625/3.6) | ||
Sec. 3.6 3.4 . Home kitchen operation. | ||
(a) For the purpose of this Section, "home kitchen |
operation" means a person who produces or packages | ||
non-potentially hazardous food in a kitchen of that person's | ||
primary domestic residence for direct sale by the owner or a | ||
family member, or for sale by a religious, charitable, or | ||
nonprofit organization, stored in the residence where the food | ||
is made. The following conditions must be met in order to | ||
qualify as a home kitchen operation: | ||
(1) Monthly gross sales do not exceed $1,000. | ||
(2) The food is not a potentially hazardous baked food, | ||
as defined in Section 4 of this Act. | ||
(3) A notice is provided to the purchaser that the | ||
product was produced in a home kitchen. | ||
(b) The Department of Public Health or the health | ||
department of a unit of local government may inspect a home | ||
kitchen operation in the event of a complaint or disease | ||
outbreak. | ||
(c) This Section applies only to a home kitchen operation | ||
located in a municipality, township, or county where the local | ||
governing body has adopted an ordinance authorizing the direct | ||
sale of baked goods as described in Section 4 of this Act.
| ||
(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.) | ||
Section 380. The Public Water Supply Operations Act is | ||
amended by changing Sections 1 and 13 as follows:
| ||
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
|
Sec. 1.
(1) In order to safeguard the health and well-being | ||
of the
populace, every community water supply in Illinois, | ||
other than an exempt community water supply as specified in | ||
Section 9.1, shall have on its
operational staff, and shall | ||
designate to the Agency in writing, either (i) one Responsible | ||
Operator in Charge who directly supervises both the treatment | ||
and distribution facilities of the community water supply or | ||
(ii) one Responsible Operator in Charge who directly supervises | ||
the treatment facilities of the community water supply and one | ||
Responsible Operator in Charge who directly supervises the | ||
distribution facilities of the community water supply.
| ||
Except for exempt community water supplies as specified in | ||
Section 9.1 of
this Act, all portions of a community water | ||
supply system shall be under the
direct supervision of a | ||
Responsible Operator in Charge.
| ||
(2) The following class requirements apply:
| ||
(a) Each Class A community water supply shall have in
| ||
its employ at least one individual certified as competent | ||
as a Class A
community water supply operator.
| ||
(b) Each Class B community water supply
shall have in | ||
its employ at least one individual certified as competent
| ||
as a Class B or Class A community water supply operator.
| ||
(c) Each Class C community water supply
shall have in | ||
its employ at least one individual certified as competent
| ||
as a Class C, Class B, or Class A community water supply | ||
operator.
|
(d) Each Class D community water supply shall have in | ||
its employ at least one
individual certified as competent | ||
as a Class D, Class C, Class B, or
Class A community water | ||
supply operator.
| ||
(2.5) The Agency may adopt rules that classify or | ||
reclassify community water supplies as Class A, Class B, Class | ||
C, or Class D community water supplies. A community water | ||
supply that cannot be clearly classified under Section 5.1 or | ||
Agency rules shall be considered individually and
designated, | ||
in writing, by the Agency , as a Class A, Class B, Class C, or | ||
Class D community water supply. Classifications made under this | ||
subsection (2.5) shall be based on the nature of the community | ||
water
supply and on the education and experience necessary to | ||
operate it.
| ||
(3) A community water supply may satisfy the requirements | ||
of this
Section by contracting the services of an individual | ||
who is a properly qualified certified operator
of the required | ||
class or higher , and will directly supervise the operation of | ||
the community water supply. That individual shall serve as the | ||
Responsible Operator in Charge of the community water supply. A
| ||
written agreement to this effect must be on file with the | ||
Agency certifying
that such an agreement exists, and delegating | ||
responsibility and authority
to the contracted party. This | ||
written agreement shall be signed by both the
certified | ||
operator to be contracted and the responsible community water
| ||
supply owner or official custodian and must be approved in |
writing by the
Agency.
| ||
(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised | ||
10-1-14.)
| ||
(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| ||
Sec. 13.
Community Water Supply Operators shall be | ||
certified in accordance with the
following classifications:
| ||
(a) A "Class A" Water Supply Operator Certificate shall | ||
be issued to
those individuals who, in accordance with this | ||
Act, demonstrate the skills, knowledge, ability, and
| ||
judgment that are necessary to operate a Class A community | ||
water supply in a manner that will provide safe, potable | ||
water for human consumption, as well as the skills, | ||
knowledge, ability, and judgment necessary to operate | ||
Class B, Class C, and Class D community water supplies in a
| ||
manner that will provide safe, potable water for human | ||
consumption.
| ||
(b) A "Class B" Water Supply Operator Certificate shall | ||
be issued to
those individuals who, in accordance with this | ||
Act, demonstrate the skills, knowledge, ability, and
| ||
judgment that are necessary to operate a Class B community | ||
water supply in a manner that will provide safe, potable | ||
water for human consumption, as well as the skills, | ||
knowledge, ability, and judgment necessary to operate | ||
Class C and Class D community water supplies in a manner | ||
that will provide safe, potable water for human
|
consumption.
| ||
(c) A "Class C" Water Supply Operator Certificate shall | ||
be issued to
those individuals who, in accordance with this | ||
Act, demonstrate the skills, knowledge, ability, and
| ||
judgment that are necessary to operate a Class C community | ||
water supply in a manner that will provide safe, potable | ||
water for human consumption, as well as the skills, | ||
knowledge, ability, and judgment necessary to operate a | ||
Class D community water supply in a manner that will
| ||
provide safe, potable water for human consumption.
| ||
(d) A "Class D" Water Supply Operator Certificate shall | ||
be issued to
those individuals who, in accordance with this | ||
Act, demonstrate the skills, knowledge, ability, and
| ||
judgment that are necessary to operate a Class D community | ||
water supply in a manner that will provide safe,
potable | ||
water for human consumption.
| ||
(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised | ||
10-2-14.)
| ||
Section 385. The Illinois Pesticide Act is amended by | ||
changing Section 19.3 as follows:
| ||
(415 ILCS 60/19.3)
| ||
Sec. 19.3. Agrichemical Facility Response Action Program.
| ||
(a) It is the policy of the State of Illinois that an | ||
Agrichemical Facility
Response Action Program be implemented |
to reduce potential agrichemical pollution
and minimize | ||
environmental degradation risk potential at these sites. In | ||
this
Section, "agrichemical facility" means a site where | ||
agrichemicals are
stored or handled, or both, in preparation | ||
for end use. "Agrichemical
facility" does not include basic | ||
manufacturing or central distribution sites
utilized only for | ||
wholesale purposes. As used in this Section, "agrichemical"
| ||
means pesticides or commercial fertilizers at an agrichemical | ||
facility.
| ||
The program shall provide guidance for assessing the threat | ||
of soil
agrichemical
contaminants to groundwater and | ||
recommending which sites need to establish a
voluntary | ||
corrective action program.
| ||
The program shall establish appropriate site-specific soil | ||
cleanup
objectives, which shall be based on the potential for | ||
the agrichemical
contaminants to move from the soil to | ||
groundwater and the potential of the
specific soil agrichemical | ||
contaminants to cause an
exceedence of a Class I
or Class III | ||
groundwater quality standard or a health advisory level. The
| ||
Department shall use the information found and procedures | ||
developed in the
Agrichemical Facility Site Contamination | ||
Study or other appropriate physical
evidence to establish the | ||
soil agrichemical contaminant
levels of concern to
groundwater | ||
in the various hydrological settings to establish | ||
site-specific
cleanup objectives.
| ||
No remediation of a site may be recommended unless (i) the |
agrichemical
contamination
level in the soil exceeds the | ||
site-specific cleanup objectives
or (ii) the agrichemical | ||
contaminant level in the soil
exceeds levels where physical | ||
evidence and risk evaluation indicates
probability of the site | ||
causing an
exceedence of a groundwater quality standard.
| ||
When a remediation plan must be carried out over a number | ||
of years due to
limited financial resources of the owner or | ||
operator of the agrichemical
facility, those soil agrichemical | ||
contaminated areas that
have the greatest potential to | ||
adversely impact vulnerable Class I groundwater
aquifers and | ||
adjacent potable water wells shall
receive the highest priority | ||
rating and be remediated first.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) The Director has the authority to do the following:
| ||
(1) When requested by the owner or operator of an | ||
agrichemical
facility, may investigate the agrichemical | ||
facility site contamination.
| ||
(2) After completion of the investigation under item | ||
(1) of this
subsection, recommend to the owner or operator | ||
of an
agrichemical facility that a
voluntary assessment be | ||
made of the soil agrichemical
contaminant when there is
| ||
evidence that the evaluation of risk indicates that
| ||
groundwater could be
adversely impacted.
| ||
(3) Review and make recommendations on any corrective | ||
action plan
submitted by the owner or operator of an |
agrichemical facility.
| ||
(4) On approval by the Director, issue an order to the | ||
owner or operator of
an
agrichemical facility that has | ||
filed a voluntary corrective action plan that
the owner or | ||
operator may proceed with that plan.
| ||
(5) Provide remedial project oversight and monitor | ||
remedial work progress.
| ||
(6) Provide staff to support program activities.
| ||
(7) (Blank).
| ||
(8) Incorporate the following into a
handbook or | ||
manual: the procedures for site assessment; pesticide | ||
constituents
of concern and associated parameters; | ||
guidance on remediation techniques, land
application, and | ||
corrective action plans; and other information or | ||
instructions
that the Department may find necessary.
| ||
(9) Coordinate preventive response actions at | ||
agrichemical facilities
pursuant to the
Groundwater | ||
Quality Standards adopted pursuant to Section 8 of the | ||
Illinois
Groundwater Protection Act to mitigate resource | ||
groundwater impairment.
| ||
Upon completion of the corrective action plan, the | ||
Department shall issue a notice of closure stating that
| ||
site-specific cleanup objectives have been met and no further | ||
remedial action
is required to remedy the past agrichemical | ||
contamination.
| ||
When a soil agrichemical contaminant assessment confirms
|
that remedial action
is not required in accordance with the | ||
Agrichemical Facility Response Action
Program, a notice of | ||
closure shall be
issued by the Department stating that no
| ||
further remedial action is required to remedy the past | ||
agrichemical
contamination.
| ||
(e) Upon receipt of notification of an agrichemical
| ||
contaminant in
groundwater pursuant to the Groundwater Quality | ||
Standards, the Department shall
evaluate the severity of the | ||
agrichemical contamination and
shall submit to the
| ||
Environmental Protection Agency an informational notice | ||
characterizing it as
follows:
| ||
(1) An agrichemical contaminant in Class I or Class III
| ||
groundwater has
exceeded
the levels of a standard adopted | ||
pursuant to the Illinois Groundwater
Protection Act or a | ||
health advisory established by the Illinois Environmental
| ||
Protection Agency or the United States Environmental | ||
Protection Agency; or
| ||
(2) An agrichemical has been detected at a level that
| ||
requires
preventive notification pursuant to a standard | ||
adopted pursuant to the Illinois
Groundwater Protection | ||
Act.
| ||
(f) When agrichemical contamination is characterized as in
| ||
subsection (e)(1) of this Section, a facility may elect to | ||
participate in the
Agrichemical Facility
Response Action | ||
Program. In these instances, the scope of the corrective
action | ||
plans developed, approved, and completed under this program |
shall be
limited to the soil agrichemical
contamination present | ||
at the site unless implementation of the plan is
coordinated | ||
with the Illinois Environmental Protection Agency as follows:
| ||
(1) Upon receipt of notice of intent to include | ||
groundwater in an action
by a facility, the Department | ||
shall also
notify the Illinois Environmental Protection | ||
Agency.
| ||
(2) Upon receipt of the corrective action plan, the | ||
Department shall
coordinate a joint review of the plan with | ||
the Illinois Environmental
Protection Agency.
| ||
(3) The Illinois Environmental Protection Agency may | ||
provide a written
endorsement of the corrective action | ||
plan.
| ||
(4) The Illinois Environmental Protection Agency may | ||
approve a
groundwater
management zone for a period
of 5 | ||
years after the implementation of the corrective action | ||
plan to allow for
groundwater impairment mitigation | ||
results.
| ||
(5) (Blank).
| ||
(6) The Department, in cooperation with the Illinois | ||
Environmental
Protection Agency, shall provide remedial | ||
project oversight and , monitor remedial
work progress.
| ||
(7) The Department shall, upon completion of the | ||
corrective action plan, issue a notice of closure stating | ||
that no
further remedial action is required to remedy the | ||
past agrichemical
contamination.
|
(g) When an owner or operator of an agrichemical facility | ||
initiates a soil
contamination assessment on the owner's or | ||
operator's own volition and
independent of any requirement | ||
under this Section 19.3, information
contained in that | ||
assessment may be held as confidential information by the
owner | ||
or operator of the facility.
| ||
(h) Except as otherwise provided by Department rule, on and | ||
after the effective date of this amendatory Act of the 98th | ||
General Assembly, any Agrichemical Facility Response Action | ||
Program requirement that may be satisfied by an industrial | ||
hygienist licensed pursuant to the Industrial Hygienists | ||
Licensure Act repealed in this amendatory Act may be satisfied | ||
by a Certified Industrial Hygienist certified by the American | ||
Board of Industrial Hygiene. | ||
(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; revised | ||
12-10-14.)
| ||
Section 390. The Firearm Owners Identification Card Act is | ||
amended by changing Section 10 as follows:
| ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||
Sec. 10. Appeal to director; hearing; relief from firearm | ||
prohibitions. | ||
(a) Whenever an application for a Firearm Owner's | ||
Identification
Card is denied, whenever the Department fails to | ||
act on an application
within 30 days of its receipt, or |
whenever such a Card is revoked or seized
as provided for in | ||
Section 8 of this Act, the aggrieved party may
appeal
to the | ||
Director of State Police for a hearing upon
such denial, | ||
revocation or seizure, unless the denial, revocation, or | ||
seizure
was based upon a forcible felony, stalking, aggravated | ||
stalking, domestic
battery, any violation of the Illinois | ||
Controlled Substances Act, the Methamphetamine Control and | ||
Community Protection Act, or the
Cannabis Control Act that is | ||
classified as a Class 2 or greater felony,
any
felony violation | ||
of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, or any
adjudication as a delinquent minor for the | ||
commission of an
offense that if committed by an adult would be | ||
a felony, in which case the
aggrieved party may petition the | ||
circuit court in writing in the county of
his or her residence | ||
for a hearing upon such denial, revocation, or seizure.
| ||
(b) At least 30 days before any hearing in the circuit | ||
court, the
petitioner shall serve the
relevant State's Attorney | ||
with a copy of the petition. The State's Attorney
may object to | ||
the petition and present evidence. At the hearing the court
| ||
shall
determine whether substantial justice has been done. | ||
Should the court
determine that substantial justice has not | ||
been done, the court shall issue an
order directing the | ||
Department of State Police to issue a Card. However, the court | ||
shall not issue the order if the petitioner is otherwise | ||
prohibited from obtaining, possessing, or using a firearm under
| ||
federal law.
|
(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||
acquiring a Firearm Owner's
Identification Card under Section 8 | ||
of this Act may apply to
the Director
of State Police
or | ||
petition the circuit court in the county where the petitioner | ||
resides,
whichever is applicable in accordance with subsection | ||
(a) of this Section,
requesting relief
from such prohibition | ||
and the Director or court may grant such relief if it
is
| ||
established by the applicant to the court's or Director's | ||
satisfaction
that:
| ||
(0.05) when in the circuit court, the State's Attorney | ||
has been served
with a written
copy of the
petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at
the hearing the
State's Attorney was afforded an | ||
opportunity to present evidence and object to
the petition;
| ||
(1) the applicant has not been convicted of a forcible | ||
felony under the
laws of this State or any other | ||
jurisdiction within 20 years of the
applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at
least 20 years have passed since the end of any period | ||
of imprisonment
imposed in relation to that conviction;
| ||
(2) the circumstances regarding a criminal conviction, | ||
where applicable,
the applicant's criminal history and his | ||
reputation are such that the applicant
will not be likely | ||
to act in a manner dangerous to public safety;
| ||
(3) granting relief would not be contrary to the public |
interest; and | ||
(4) granting relief would not be contrary to federal | ||
law.
| ||
(c-5) (1) An active law enforcement officer employed by a | ||
unit of government, who is denied, revoked, or has his or her | ||
Firearm Owner's Identification Card seized under subsection | ||
(e) of Section 8 of this Act may apply to the Director of State | ||
Police requesting relief if the officer did not act in a manner | ||
threatening to the officer, another person, or the public as | ||
determined by the treating clinical psychologist or physician, | ||
and as a result of his or her work is referred by the employer | ||
for or voluntarily seeks mental health evaluation or treatment | ||
by a licensed clinical psychologist, psychiatrist, or | ||
qualified examiner, and: | ||
(A) the officer has not received treatment | ||
involuntarily at a mental health facility, regardless of | ||
the length of admission; or has not been voluntarily | ||
admitted to a mental health facility for more than 30 days | ||
and not for more than one incident within the past 5 years; | ||
and | ||
(B) the officer has not left the mental institution | ||
against medical advice. | ||
(2) The Director of State Police shall grant expedited | ||
relief to active law enforcement officers described in | ||
paragraph (1) of this subsection (c-5) upon a determination by | ||
the Director that the officer's possession of a firearm does |
not present a threat to themselves, others, or public safety. | ||
The Director shall act on the request for relief within 30 | ||
business days of receipt of: | ||
(A) a notarized statement from the officer in the form | ||
prescribed by the Director detailing the circumstances | ||
that led to the hospitalization; | ||
(B) all documentation regarding the admission, | ||
evaluation, treatment and discharge from the treating | ||
licensed clinical psychologist or psychiatrist of the | ||
officer; | ||
(C) a psychological fitness for duty evaluation of the | ||
person completed after the time of discharge; and | ||
(D) written confirmation in the form prescribed by the | ||
Director from the treating licensed clinical psychologist | ||
or psychiatrist that the provisions set forth in paragraph | ||
(1) of this subsection (c-5) have been met, the person | ||
successfully completed treatment, and their professional | ||
opinion regarding the person's ability to possess | ||
firearms. | ||
(3) Officers eligible for the expedited relief in paragraph | ||
(2) of this subsection (c-5) have the burden of proof on | ||
eligibility and must provide all information required. The | ||
Director may not consider granting expedited relief until the | ||
proof and information is received. | ||
(4) "Clinical psychologist", "psychiatrist", and | ||
"qualified examiner" shall have the same meaning as provided in |
Chapter I 1 of the Mental Health and Developmental Disabilities | ||
Code. | ||
(d) When a minor is adjudicated delinquent for an offense | ||
which if
committed by an adult would be a felony, the court | ||
shall notify the Department
of State Police.
| ||
(e) The court shall review the denial of an application or | ||
the revocation of
a Firearm Owner's Identification Card of a | ||
person who has been adjudicated
delinquent for an offense that | ||
if
committed by an adult would be a felony if an
application | ||
for relief has been filed at least 10 years after the | ||
adjudication
of delinquency and the court determines that the | ||
applicant should be
granted relief from disability to obtain a | ||
Firearm Owner's Identification Card.
If the court grants | ||
relief, the court shall notify the Department of State
Police | ||
that the disability has
been removed and that the applicant is | ||
eligible to obtain a Firearm Owner's
Identification Card.
| ||
(f) Any person who is subject to the disabilities of 18 | ||
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||
of 1968 because of an adjudication or commitment that occurred | ||
under the laws of this State or who was determined to be | ||
subject to the provisions of subsections (e), (f), or (g) of | ||
Section 8 of this Act may apply to the Department of State | ||
Police requesting relief from that prohibition. The Director | ||
shall grant the relief if it is established by a preponderance | ||
of the evidence that the person will not be likely to act in a | ||
manner dangerous to public safety and that granting relief |
would not be contrary to the public interest. In making this | ||
determination, the Director shall receive evidence concerning | ||
(i) the circumstances regarding the firearms disabilities from | ||
which relief is sought; (ii) the petitioner's mental health and | ||
criminal history records, if any; (iii) the petitioner's | ||
reputation, developed at a minimum through character witness | ||
statements, testimony, or other character evidence; and (iv) | ||
changes in the petitioner's condition or circumstances since | ||
the disqualifying events relevant to the relief sought. If | ||
relief is granted under this subsection or by order of a court | ||
under this Section, the Director shall as soon as practicable | ||
but in no case later than 15 business days, update, correct, | ||
modify, or remove the person's record in any database that the | ||
Department of State Police makes available to the National | ||
Instant Criminal Background Check System and notify the United | ||
States Attorney General that the basis for the record being | ||
made available no longer applies. The Department of State | ||
Police shall adopt rules for the administration of this | ||
Section. | ||
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
| ||
Section 395. The Firearm Concealed Carry Act is amended by | ||
changing Section 40 as follows: | ||
(430 ILCS 66/40)
|
Sec. 40. Non-resident license applications. | ||
(a) For the purposes of this Section, "non-resident" means | ||
a person who has not resided within this State for more than 30 | ||
days and resides in another state or territory. | ||
(b) The Department shall by rule allow for non-resident | ||
license applications from any state or territory of the United | ||
States with laws related to firearm ownership, possession, and | ||
carrying, that are substantially similar to the requirements to | ||
obtain a license under this Act. | ||
(c) A resident of a state or territory approved by the | ||
Department under subsection (b) of this Section may apply for a | ||
non-resident license. The applicant shall apply to the | ||
Department and must meet all of the qualifications established | ||
in Section 25 of this Act, except for the Illinois residency | ||
requirement in item (xiv) of paragraph (2) of subsection (a) of | ||
Section 4 of the Firearm Owners Identification Card Act. The | ||
applicant shall submit: | ||
(1) the application and documentation required under | ||
Section 30 of this Act and the applicable fee; | ||
(2) a notarized document stating that the applicant: | ||
(A) is eligible under federal law and the laws of | ||
his or her state or territory of residence to own or | ||
possess a firearm; | ||
(B) if applicable, has a license or permit to carry | ||
a firearm or concealed firearm issued by his or her | ||
state or territory of residence and attach a copy of |
the license or permit to the application; | ||
(C) understands Illinois laws pertaining to the | ||
possession and transport of firearms ; , and | ||
(D) acknowledges that the applicant is subject to | ||
the jurisdiction of the Department and Illinois courts | ||
for any violation of this Act; and | ||
(3) a photocopy of any certificates or other evidence | ||
of compliance with the training requirements under Section | ||
75 of this Act; and | ||
(4) a head and shoulder color photograph in a size | ||
specified by the Department taken within the 30 days | ||
preceding the date of the application. | ||
(d) In lieu of an Illinois driver's license or Illinois | ||
identification card, a non-resident applicant shall provide | ||
similar documentation from his or her state or territory of | ||
residence. In lieu of a valid Firearm Owner's Identification | ||
Card, the applicant shall submit documentation and information | ||
required by the Department to obtain a Firearm Owner's | ||
Identification Card, including an affidavit that the | ||
non-resident meets the mental health standards to obtain a | ||
firearm under Illinois law, and the Department shall ensure | ||
that the applicant would meet the eligibility criteria to | ||
obtain a Firearm Owner's Identification card if he or she was a | ||
resident of this State. | ||
(e) Nothing in this Act shall prohibit a non-resident from | ||
transporting a concealed firearm within his or her vehicle in |
Illinois, if the concealed firearm remains within his or her | ||
vehicle and the non-resident: | ||
(1) is not prohibited from owning or possessing a | ||
firearm under federal law; | ||
(2) is eligible to carry a firearm in public under the | ||
laws of his or her state or territory of residence, as
| ||
evidenced by the possession of a concealed carry license or | ||
permit issued by his or her state of residence, if
| ||
applicable; and | ||
(3) is not in possession of a license under this Act. | ||
If the non-resident leaves his or her vehicle unattended, | ||
he or she shall store the firearm within a locked vehicle or | ||
locked container within the vehicle in accordance with | ||
subsection (b) of Section 65 of this Act.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised | ||
12-10-14.) | ||
Section 400. The Amusement Ride and Attraction Safety Act | ||
is amended by changing Section 2-12 as follows:
| ||
(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| ||
Sec. 2-12. Order for cessation of operation of amusement | ||
ride or
attraction. | ||
(a) The Department of Labor
may order, in writing, a | ||
temporary and immediate cessation of operation of
any amusement | ||
ride or amusement attraction if it :
|
(1) it has been determined
after
inspection to be | ||
hazardous or unsafe;
| ||
(2) it is in operation before the Director
has issued a | ||
permit to operate such equipment; or
| ||
(3) the owner or operator is not in compliance with the | ||
insurance
requirements contained in
Section 2-14 of this | ||
Act and any rules or regulations adopted hereunder.
| ||
(b) Operation of the
amusement ride or
amusement attraction | ||
shall not resume until:
| ||
(1) the unsafe or hazardous
condition is corrected to | ||
the satisfaction of the Director or such inspector;
| ||
(2) the Director has issued a permit to operate such | ||
equipment; or
| ||
(3) the
owner or operator is in compliance with the | ||
insurance requirements contained in
Section 2-14 of this | ||
Act and any rules or regulations adopted hereunder, | ||
respectively. | ||
(c) The Department shall notify the owner or operator in | ||
writing of the grounds for the cessation of operation of the | ||
amusement ride or attraction and of the conditions in need of | ||
correction at the time the order for cessation is issued. | ||
(d) The owner or operator may appeal an order of cessation | ||
by filing a request for a hearing. The Department shall afford | ||
the owner or operator 10 working days after the date of the | ||
notice to request a hearing. Upon written request for hearing, | ||
the Department shall schedule a formal administrative hearing |
in compliance with Article 10 of the Illinois Administrative | ||
Procedure Act and pursuant to the provisions of the | ||
Department's rules of procedure in administrative hearings, | ||
except that formal discovery, such as production requests, | ||
interrogatories, requests to admit, and depositions will not be | ||
allowed. The parties shall exchange documents and witness lists | ||
prior to hearing and may request third party subpoenas to be | ||
issued. | ||
(e) The final determination by the Department of Labor | ||
shall be rendered within 5 working days after the conclusion of | ||
the hearing. | ||
(f) The provisions of the Administrative Review Law shall | ||
apply to and govern all proceedings for the judicial review of | ||
a final determination under this Section.
| ||
(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14; | ||
revised 12-10-14.)
| ||
Section 405. The Illinois Modular Dwelling and Mobile | ||
Structure Safety Act is amended by changing Section 2 as | ||
follows:
| ||
(430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
| ||
Sec. 2.
Unless clearly indicated otherwise by the context, | ||
the
following words and terms when used in this Act, for the | ||
purpose of this
Act, shall have the following meanings:
| ||
(a) (Blank) a manufactured home as defined in subdivision |
(53) of Section 9-102 of the Uniform Commercial Code. "Mobile | ||
home" means a factory-assembled, completely integrated | ||
structure, constructed on or before June 30, 1976, designed for | ||
permanent habitation, with a permanent chassis, and so | ||
constructed as to permit its transport, on wheels temporarily | ||
or permanently attached to its frame, that is a movable or | ||
portable unit that is constructed to be towed on its own | ||
chassis (comprised of frame and wheels) from the place of its | ||
construction to the location, or subsequent locations, at which | ||
it is connected to utilities for year-round occupancy for use | ||
as a permanent habitation, and designed and situated so as to | ||
permit its occupancy as a dwelling place for one or more | ||
persons. terms "manufactured home" and "mobile home" otherwise | ||
meeting their respective definitions terms "mobile home" and | ||
"manufactured home" exclude .
| ||
(b) "Person" means any individual, group of individuals, | ||
association, trust, partnership, limited liability company, | ||
corporation, person doing business under an assumed name, | ||
county, municipality, the State of Illinois, or any political | ||
subdivision or department thereof, or any other entity.
| ||
(c) "Manufacturer" means any person who manufactures | ||
mobile structures or modular dwellings
at the place or places, | ||
either on or away from the
building site, at which machinery, | ||
equipment, and other capital goods are
assembled and operated | ||
for the purpose of making, fabricating, forming,
or assembling | ||
mobile structures or modular dwellings.
|
(d) "Department" means the Department of Public Health.
| ||
(e) "Director" means the Director of the Department of | ||
Public
Health.
| ||
(f) (Blank).
| ||
(g) "Codes" means the safety codes for modular dwellings | ||
and
mobile structures adopted by the Department and is | ||
synonymous with "rules". The Codes shall contain the
standards | ||
and requirements for modular dwellings and mobile structures so
| ||
that adequate performance for the intended use is made the test | ||
of
acceptability. The Code of Standards shall permit the use of | ||
new technology, techniques, methods and materials, for both | ||
modular dwellings
and mobile structures, consistent with | ||
recognized and
accepted codes and standards developed by the | ||
International Code Council (ICC) or by the organizations that | ||
formed the ICC in 1994, the National Fire Protection
| ||
Association, the International Association of Plumbing and | ||
Mechanical
Officials, the American National Standards | ||
Institute, and the Illinois State
Plumbing Code.
| ||
(h) "Seal" means a device or insignia issued by the | ||
Department to be
displayed on the exterior of the mobile | ||
structure or the interior of a modular dwelling
unit to | ||
evidence compliance with the applicable safety code.
| ||
(i) "Modular dwelling" means a
building assembly or system | ||
of building sub-assemblies, designed for
habitation as a | ||
dwelling for one or more persons, including the
necessary | ||
electrical, plumbing, heating, ventilating and other service
|
systems, which is of closed construction and which is made or
| ||
assembled by a manufacturer, on or off the building site, for
| ||
installation, or assembly and installation, on the building | ||
site, installed and set up according to the manufacturer's | ||
instructions on an approved foundation and support system. The | ||
construction of modular dwelling units located in Illinois is | ||
regulated by the Illinois Department of Public Health.
| ||
(j) "Closed construction" is any building, component, | ||
assembly or
system manufactured in such a manner that all | ||
portions cannot readily be
inspected at the installation site | ||
without disassembly, damage to, or
destruction thereof.
| ||
(k) (Blank).
| ||
(l) "Approved foundation and support system" means, for a | ||
modular dwelling unit, a closed perimeter formation
consisting | ||
of materials such as concrete, mortared concrete block,
| ||
mortared brick, steel, or treated lumber extending into the | ||
ground below the frost line which
shall include, but not | ||
necessarily be limited to, cellars, basements, or
crawl spaces, | ||
and does include the use of piers supporting the marriage wall | ||
of the home that extend below the frost line.
| ||
(m) "Code compliance certificate" means the certificate | ||
provided by
the manufacturer to the Department that warrants | ||
that the modular dwelling unit or mobile structure complies | ||
with the applicable code.
| ||
(n) "Mobile structure" means a movable or portable unit, | ||
which, when assembled, is 8 feet or more in width and is 32 |
body feet in length, constructed to be towed on its own chassis | ||
(comprised of frame and wheels), and designed for occupancy | ||
with or without a permanent foundation. "Mobile structure" | ||
includes units designed to be used for multi-family | ||
residential, commercial, educational, or industrial purposes, | ||
excluding, however, recreational vehicles and single family | ||
residences. | ||
(Source: P.A. 98-749, eff. 7-16-14; 98-959, eff. 8-15-14; | ||
revised 10-2-14.)
| ||
Section 410. The Illinois Fertilizer Act of 1961 is amended | ||
by changing Sections 4 and 20 as follows:
| ||
(505 ILCS 80/4) (from Ch. 5, par. 55.4)
| ||
Sec. 4. License and product registration.
| ||
(a) Each brand and grade of fertilizer shall be registered | ||
by the entity whose name appears upon the label
before being | ||
distributed in this State. The application for registration
| ||
shall be submitted with a label or facsimile of same to the | ||
Director on
forms furnished by the Director, and shall be | ||
accompanied by a fee of $20 per
grade within a brand. Upon | ||
approval by the Director a copy of the
registration shall be | ||
furnished to the applicant. All registrations expire
on | ||
December 31 of each year.
| ||
The application shall include the following information:
| ||
(1) The net weight .
|
(2) The brand and grade .
| ||
(3) The guaranteed analysis .
| ||
(4) The name and address of the registrant.
| ||
(a-5) No entity whose name appears on the label shall | ||
distribute a fertilizer in the State unless the entity has | ||
secured a license under this Act on forms provided by the | ||
Director. The license application shall be accompanied by a fee | ||
of $100. Entities that store anhydrous ammonia as a fertilizer, | ||
store bulk fertilizer, or custom blend a fertilizer at more | ||
than one site under the same entity's name shall list any and | ||
all additional sites with a complete address for each site and | ||
remit a license fee of $50 for each site identified. Entities | ||
performing lawn care applications for hire are exempt from | ||
obtaining a license under this Act. All licenses expire on | ||
December 31 of each year. | ||
(b) A distributor shall not be required to register any | ||
brand of
fertilizer or a custom blend which is already | ||
registered under this
Act by another entity.
| ||
(c) The plant nutrient content of each and every fertilizer
| ||
must remain uniform for the period of registration and, in no | ||
case, shall
the percentage of any guaranteed plant nutrient | ||
element be changed in such
a manner that the crop-producing | ||
quality of the fertilizer is
lowered.
| ||
(d) (Blank).
| ||
(e) A custom blend, as defined in Section 3, prepared for | ||
one consumer or end user
shall not be co-mingled with the |
custom blended fertilizer prepared for
another consumer or end | ||
user.
| ||
(f) All fees collected pursuant to this Section shall be | ||
paid to the Fertilizer Control Fund for activities related to | ||
the administration and enforcement of this Act.
| ||
(Source: P.A. 97-960, eff. 8-15-12; 98-756, eff. 7-16-14; | ||
revised 12-10-14.)
| ||
(505 ILCS 80/20) (from Ch. 5, par. 55.20)
| ||
Sec. 20. Administrative hearings; notice. Any entity so | ||
notified of violating this Act or its rules , shall be given the | ||
opportunity to be heard as may be prescribed by the Director. | ||
When an administrative hearing is held, the hearing officer, | ||
upon determination of a violation of this Act, shall levy and | ||
the Department shall collect administrative penalties in | ||
addition to any initial penalty levied by this Act as follows: | ||
(1) A penalty of $1,000 shall be imposed for: | ||
(A) neglect or refusal by any entity, after notice | ||
in writing, to comply with provisions of this Act or | ||
its rules or any lawful order of the Director; | ||
(B) every sale, disposal, or distribution of a | ||
fertilizer that is under a stop-sale order; or | ||
(C) concealing facts or conditions, impeding, | ||
obstructing, hindering, or otherwise preventing or | ||
attempting to prevent the Director, or his or her duly | ||
authorized agent, in the performance of his or her duty |
in connection with the provisions of this Act. | ||
(2) A penalty of $500 shall be imposed for the | ||
following violations: | ||
(A) distribution of a fertilizer that is | ||
misbranded or adulterated; | ||
(B) distribution of a fertilizer that does not have | ||
an accompanying label attached or displayed; | ||
(C) failure to comply with any provisions of this | ||
Act or its rules other than described under this | ||
Section. | ||
The Department, over the signature of the Director, is | ||
authorized to issue subpoenas and bring before the Department | ||
any entity in this State to take testimony orally, by | ||
deposition, or by exhibit, in the same manner prescribed by law | ||
in judicial proceedings or civil cases in the circuit courts of | ||
this State. The Director is authorized to issue subpoenas duces | ||
tecum for records relating to a fertilizer distributor's or | ||
registrant's business. | ||
When a fertilizer-soil amendment combination labeled in | ||
accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject | ||
to penalties, the larger penalty shall be assessed. | ||
All penalties collected by the Department under this | ||
Section shall be deposited into the Fertilizer Control Fund. | ||
Any penalty not paid within 60 days after receiving the notice | ||
from the Department shall be submitted to the Attorney | ||
General's office for collection.
|
(Source: P.A. 97-960, eff. 8-15-12; revised 12-10-14.)
| ||
Section 415. The Illinois Seed Law is amended by changing | ||
Section 4.1 as follows:
| ||
(505 ILCS 110/4.1) (from Ch. 5, par. 404.1)
| ||
Sec. 4.1.
All seeds named and treated as defined in this | ||
Act (for which a separate
label may be used) must be labeled | ||
with:
| ||
(1) A word or statement indicating that the seed has | ||
been treated.
| ||
(2) The commonly accepted, coined, chemical or | ||
abbreviated chemical
(generic) name of the applied | ||
substance or description of the process used.
| ||
(3) If the substance in the amount present with the | ||
seed is harmful to
human or other vertebrate animals, a | ||
caution statement such as "Do not use
for food, feed, oil | ||
purposes" or otherwise as required by the Uniform
Hazardous | ||
Substances Substance Act of Illinois . The caution for toxic
| ||
substances shall be a poison statement or symbol.
| ||
(4) If the seed is treated with an inoculant, the date | ||
beyond which the
inoculant is not to be considered | ||
effective (date of expiration).
| ||
(5) Require symbol statement and the appropriate | ||
Environmental
Protection Agency signal word -- DANGER, | ||
CAUTION OR WARNING.
|
(6) All treated seeds are required to be stained so | ||
that they are easily
distinguished by the ordinary observer | ||
when examined regardless of the
proportion of treated to | ||
untreated seeds. The color used on treated seed
shall | ||
persist as long as seed bear pesticide residue.
| ||
(Source: P.A. 85-717; revised 12-10-14.)
| ||
Section 420. The Illinois Bovine Brucellosis Eradication | ||
Act is amended by changing Section 1 as follows:
| ||
(510 ILCS 30/1) (from Ch. 8, par. 134)
| ||
Sec. 1.
As used in this Act, unless the context otherwise | ||
requires, words and
phrases have the meanings ascribed to them | ||
in the Sections following this Section and preceding Section 2 | ||
Sections 1.1 to 1.12,
inclusive .
| ||
(Source: P.A. 78-818; revised 12-10-14.)
| ||
Section 425. The Herptiles-Herps Act is amended by changing | ||
Section 105-95 as follows: | ||
(510 ILCS 68/105-95)
| ||
Sec. 105-95. Financial value of herptiles. | ||
(a) For purposes of this Section, the financial value of | ||
all reptiles and amphibians described under this Act taken, | ||
possessed, or used in violation of this Act, whether in whole | ||
or in part, is as follows: |
(1) for processed turtle parts, $8 for each pound or | ||
fraction of a pound; for each non-processed turtle, $15 per | ||
whole turtle or fair market value, whichever is greater;
| ||
(2) for frogs, toads, salamanders, lizards, and | ||
snakes, $5 per herptile or fair market value, whichever is | ||
greater, in whole or in part, unless specified as a special | ||
use herptile; | ||
(3) for any special use herptile, the value shall be no | ||
less than $250 per special use herptile or fair market | ||
value, whichever is greater; | ||
(4) for any endangered or threatened herptile, the | ||
value shall be no less than $150 per endangered or | ||
threatened threatend herptile or fair market value, | ||
whichever is greater; and | ||
(5) any person who, for profit or commercial purposes, | ||
knowingly captures or kills, possesses, offers for sale, | ||
sells, offers to barter, barters, offers to purchase, | ||
purchases, delivers for shipment, ships, exports, imports, | ||
causes to be shipped, exported, or imported, delivers for | ||
transportation, transports, or causes to be transported, | ||
carries or causes to be carried, or receives for shipment, | ||
transportation, carriage, or export any reptile or | ||
amphibian life, in part or in whole, of any of the reptiles | ||
and amphibians protected by this Act, and that reptile or | ||
amphibian life, in whole or in part, is valued at or in | ||
excess of a total of $300 or fair market value, whichever |
is greater, as per value specified in paragraphs (1), (2), | ||
(3), and (4) of this subsection commits a Class 3 felony.
| ||
(b) The trier of fact may infer that a person "knowingly | ||
possesses" a reptile or amphibian, in whole or in part, | ||
captured or killed in violation of this Act, valued at or in | ||
excess of $600, as per value specified in paragraphs (1), (2), | ||
(3), and (4) of subsection (a) of this Section.
| ||
(Source: P.A. 98-752, eff. 1-1-15 ; revised 12-10-14.) | ||
Section 430. The Humane Care for Animals Act is amended by | ||
changing Section 2 as follows:
| ||
(510 ILCS 70/2) (from Ch. 8, par. 702)
| ||
Sec. 2.
As used in this Act, unless the context otherwise | ||
requires, the terms
specified in the Sections following this | ||
Section and preceding Section 3 Sections 2.01 through 2.07 have | ||
the meanings ascribed to them
in those Sections.
| ||
(Source: P.A. 78-905; revised 12-10-14.)
| ||
Section 435. The Illinois Swine Brucellosis Eradication | ||
Act is amended by changing Section 1 as follows:
| ||
(510 ILCS 95/1) (from Ch. 8, par. 148f)
| ||
Sec. 1.
As used in this Act, unless the context otherwise | ||
requires, words
and phrases have the meanings ascribed to them | ||
in the Sections following this Section and preceding Section 2 |
Sections 1.1 to 1.7,
inclusive .
| ||
(Source: Laws 1959, p. 2259; revised 12-10-14.)
| ||
Section 440. The Fish and Aquatic Life Code is amended by | ||
changing Sections 1-20, 15-155, and 20-55 as follows:
| ||
(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
| ||
Sec. 1-20. Aquatic life. "Aquatic life" means all
fish, | ||
mollusks, crustaceans, algae, aquatic
plants, aquatic | ||
invertebrates, and any other aquatic animals or plants that the | ||
Department identifies in rules adopted after consultation with | ||
biologists, zoologists, or other wildlife experts. " Aquatic | ||
life " does not mean any herptiles that are found in the | ||
Herptiles-Herps Act.
| ||
(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; revised | ||
10-2-14.)
| ||
(515 ILCS 5/15-155) | ||
Sec. 15-155. Watercraft used as a primary collection device | ||
for commercial fishes. Any person licensed as a commercial | ||
fisherman who wishes to use his or her their watercraft as a | ||
primary collection device for commercial fishes must first | ||
obtain a commercial watercraft device tag. All watercraft used | ||
as a primary collection device must be legally licensed by the | ||
State and be in compliance with all Coast Guard boating | ||
regulations. This Section does not apply to any person taking |
Asian Carp by the aid of a boat for non-commercial purposes.
| ||
(Source: P.A. 98-336, eff. 1-1-14; revised 12-10-14.)
| ||
(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
| ||
Sec. 20-55. License fees for non-residents. Fees for | ||
licenses for
non-residents of the State of Illinois are as | ||
follows:
| ||
(a) For sport fishing devices as defined by Section
10-95, | ||
or spearing
devices as defined in Section 10-110, non-residents | ||
age 16 or older shall be
charged $31 for a fishing license to | ||
fish. For sport fishing devices as defined
by Section 10-95, or | ||
spearing devices as defined in Section 10-110, for a
period not | ||
to exceed 3 consecutive days fishing in the State of Illinois | ||
the
fee is $15.00.
| ||
For sport fishing devices as defined in Section 10-95,
or | ||
spearing
devices as defined in Section 10-110, for 24 hours of | ||
fishing the fee is $10. This license does not exempt the | ||
licensee from
the salmon or inland trout stamp requirement.
| ||
(b) All non-residents before using any commercial fishing | ||
device
shall obtain a non-resident commercial fishing license, | ||
the fee for
which shall be $300 , and a non-resident fishing | ||
license licensing . Each and every commercial device shall be
| ||
licensed by a non-resident commercial fisherman as follows:
| ||
(1) For each 100 lineal yards, or fraction thereof, of | ||
seine
(excluding minnow seines) the fee is $36.
| ||
(2) For each device to fish with a 100 hook trot line
|
device,
basket trap, hoop net, or dip net the fee is $6.
| ||
(3) For each 100 lineal yards, or fraction thereof, of | ||
trammel net
the fee is $36.
| ||
(4) For each 100 lineal yards, or fraction thereof, of | ||
gill net
the fee is $36.
| ||
All persons required to have and failing to have the | ||
license provided
for in subsection (a) of this Section shall be | ||
fined under Section 20-35
of this Code. Each person required to | ||
have and failing to have the
licenses required under subsection | ||
(b) of this Section shall be guilty of a
Class B misdemeanor.
| ||
All licenses provided for in this Section shall expire on | ||
March 31 of
each year; except that the 24-hour license for | ||
sport fishing devices or
spearing devices shall
expire 24 hours | ||
after the effective date and time listed on the face of the
| ||
license and licenses for sport fishing devices
or spearing
| ||
devices for a period not to exceed 3 consecutive days fishing | ||
in the
State of Illinois as provided in subsection (a) of this | ||
Section shall
expire at midnight on the tenth day after issued, | ||
not counting the day
issued.
| ||
(Source: P.A. 96-831, eff. 1-1-10; 97-1136, eff. 1-1-13; | ||
revised 12-10-14.)
| ||
Section 445. The Wildlife Code is amended by changing | ||
Sections 2.2b, 2.5, and 3.1-9 as follows: | ||
(520 ILCS 5/2.2b) |
Sec. 2.2b. Imminent threat; nuisance permits. | ||
(a) It shall not be illegal for an owner or tenant of land, | ||
or his or her their designated agent, to immediately take on | ||
his or her property a gray wolf, Canis lupus; American black | ||
bear, Ursus americanus; or cougar, Puma concolor if, at any | ||
time, the gray wolf, American black bear, or cougar is stalking | ||
or , causing an imminent threat , or there is a reasonable | ||
expectation that it causes an imminent threat of physical harm | ||
or death to a human, livestock, or domestic animals or harm to | ||
structures or other property on the owner's or tenant's land. | ||
(b) The Department may grant a nuisance permit to the owner | ||
or tenant of land, or his or her their designated agent, for | ||
the taking of a gray wolf, American black bear, or cougar that | ||
is causing a threat to an owner or tenant of land or his or her | ||
property that is not an immediate threat under subsection (a) | ||
of this Section. | ||
(c) The Department shall adopt rules to implement this | ||
Section.
| ||
(Source: P.A. 98-1033, eff. 1-1-15; revised 11-26-14.) | ||
(520 ILCS 5/2.5) | ||
Sec. 2.5. Crossbow conditions. A person may use a crossbow | ||
if one or more of the following conditions are met: | ||
(1) the user is a person age 62 and older; | ||
(2) the user is a handicapped person to whom the | ||
Director has issued a permit to use a crossbow, as provided |
by administrative rule; or | ||
(3) the date of using the crossbow is during the period | ||
of the second Monday following the Thanksgiving holiday | ||
through the last day of the archery deer hunting season | ||
(both inclusive) set annually by the Director. | ||
As used in this Section, "handicapped person" means a | ||
person who has a physical impairment due to injury or disease, | ||
congenital or acquired, which renders the person them so | ||
severely disabled as to be unable to use a longbow, recurve | ||
bow, or compound bow. Permits must be issued only after the | ||
receipt of a physician's statement confirming the applicant is | ||
handicapped as defined above.
| ||
(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.) | ||
(520 ILCS 5/3.1-9) | ||
Sec. 3.1-9. Youth Hunting License. Any resident youth age | ||
16 and under may apply to the Department for a Youth Hunting | ||
License, which extends limited hunting privileges. The Youth | ||
Hunting License shall be a renewable license that shall expire | ||
on the March 31 following the date of issuance. | ||
For youth age 16 and under, the Youth Hunting License shall | ||
entitle the licensee to hunt while supervised by a parent, | ||
grandparent, or guardian who is 21 years of age or older and | ||
has a valid Illinois hunting license. Possession of a Youth | ||
Hunting License shall serve in lieu of a valid hunting license, | ||
but does not exempt the licensee from compliance with the |
requirements of this Code and any rules adopted under this | ||
Code. | ||
A youth licensed under this Section shall not hunt or carry | ||
a hunting device, including, but not limited to, a firearm, bow | ||
and arrow, or crossbow unless the youth is accompanied by and | ||
under the close personal supervision of a parent, grandparent, | ||
or guardian who is 21 years of age or older and has a valid | ||
Illinois hunting license. | ||
At age 17 years or when the youth chooses to hunt by | ||
himself or herself, he or she is themselves, they are required | ||
to successfully complete a hunter safety course approved by the | ||
Department prior to being able to obtain a full hunting license | ||
and subsequently hunt by himself or herself themselves . | ||
In order to be approved for the Youth Hunting License, the | ||
applicant must request a Youth Hunting License from the | ||
Department and submit a $7 fee, which shall be separate from | ||
and additional to any other stamp, permit, tag, or license fee | ||
that may be required for hunting under this Code. The | ||
Department shall adopt rules for the administration of the | ||
program, but shall not require any certificate of competency or | ||
other hunting education as a condition of the Youth Hunting | ||
License.
| ||
(Source: P.A. 98-620, eff. 1-7-14; revised 12-10-14.) | ||
Section 450. The Railroad Police Act is amended by changing | ||
Section 2 as follows:
|
(610 ILCS 80/2) (from Ch. 114, par. 98)
| ||
Sec. 2. Conductors of all railroad trains, and the captain | ||
or master of any
boat carrying passengers within the | ||
jurisdiction of this State state , are is vested
with police | ||
powers while on duty on their respective trains and boats, and
| ||
may wear an appropriate badge indicative of this authority.
| ||
In the policing of its properties any registered rail | ||
carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||
Code, may provide for the
appointment and maintenance of a | ||
police force to aid and supplement the police forces of any | ||
municipality
in the protection of its property and the | ||
protection of the persons and
property of its passengers and | ||
employees, or in furtherance of
the purposes for which the | ||
railroad was organized. While engaged in the
conduct of their | ||
employment, the members of the railroad police force have
and | ||
may exercise the same police powers conferred upon any peace | ||
officer employed by a law enforcement agency of this State, | ||
including the authority to issue administrative citations in | ||
accordance with the provisions of county or municipal | ||
ordinances.
| ||
Any registered rail carrier that appoints and maintains a | ||
police force shall comply with the following requirements: | ||
(1) Establish an internal policy that includes | ||
procedures to ensure objective oversight in addressing | ||
allegations of abuse of authority or other misconduct on |
the part of its police officers. | ||
(2) Adopt appropriate policies and guidelines for | ||
employee investigations by police officers. These policies | ||
and guidelines shall provide for initiating employee | ||
investigations only under the following conditions: | ||
(A) There is reason to believe criminal misconduct | ||
has occurred. | ||
(B) In response to an employee accident. | ||
(C) There is reason to believe that the interview | ||
of an employee could result in workplace violence. | ||
(D) There is a legitimate concern for the personal | ||
safety of one or more employees. | ||
These policies and guidelines shall provide for the | ||
right of an employee to request a representative to be | ||
present during any interview concerning a non-criminal | ||
matter. | ||
(3) File copies of the policies and guidelines adopted | ||
under paragraphs (1) and (2) with the Illinois Law | ||
Enforcement Training Standards Board, which shall make | ||
them available for public inspection. The Board shall | ||
review the policies and guidelines, and approve them if | ||
they comply with the Act. | ||
(4) Appeal of a rail carrier's decision.
A person | ||
adversely affected or aggrieved by a decision of a rail | ||
carrier's internal investigation under this Act may appeal | ||
the decision to the Illinois State Police. The appeal shall |
be filed no later than 90 days after the issuance of the | ||
decision. The State Police shall review the depth, | ||
completeness, and objectivity of the rail carrier's | ||
investigation, and may conduct its own investigation of the | ||
complaint. The State Police may uphold, overturn, or modify | ||
the rail carrier's decision by filing a report of its | ||
findings and recommendations with the Illinois Commerce | ||
Commission. Consistent with authority under Chapter 18C of | ||
the Illinois Vehicle Code and the Commission rules of | ||
practice, the Commission shall have the power to conduct | ||
evidentiary hearings, make findings, and issue and enforce | ||
orders, including sanctions under Section 18c-1704 of the | ||
Illinois Vehicle Code. | ||
Rulemaking authority to implement this amendatory Act of | ||
the 95th General Assembly, if any, is conditioned on the rules | ||
being adopted in accordance with all provisions of the Illinois | ||
Administrative Procedure Act and all rules and procedures of | ||
the Joint Committee on Administrative Rules; any purported rule | ||
not so adopted, for whatever reason, is unauthorized. | ||
(Source: P.A. 98-791, eff. 7-25-14; revised 12-10-14.)
| ||
Section 455. The Rivers, Lakes, and Streams Act is amended | ||
by changing Section 18j as follows: | ||
(615 ILCS 5/18j) | ||
Sec. 18j. ESDA critical facility evacuation plans. Any |
critical facility that gives shelter to a person who would be | ||
unable to evacuate without assistance during a flooding event, | ||
and that is located in an area deemed by operation of law not | ||
to be within the 100-year floodplain because the area in which | ||
the critical facility is located lies within an area protected | ||
by a federal levee and is located in a flood prevention | ||
district established in accordance with the Flood Prevention | ||
District Act shall develop an evacuation plan and certify to | ||
the Emergency Services and Disaster Agency (ESDA), as defined | ||
by Section 4 of the Illinois Emergency Management Agency Act, | ||
on a form provided by the ESDA, that it has developed an | ||
evacuation plan which the critical facility has or will | ||
implement prior to or concurrent with occupancy of the facility | ||
to evacuate persons who need assistance evacuating the facility | ||
and the flooded area.
| ||
(Source: P.A. 96-1395, eff. 7-29-10; revised 12-10-14.) | ||
Section 460. The Public-Private Agreements for the South | ||
Suburban Airport Act is amended by changing Section 2-15 as | ||
follows: | ||
(620 ILCS 75/2-15)
| ||
Sec. 2-15. General airport powers.
| ||
(a) The Department has the power to plan, develop, secure | ||
permits, licenses, and approvals for, acquire, develop, | ||
construct, equip, own, and operate the South Suburban Airport. |
The Department also has the power to own, operate, acquire | ||
facilities for, construct, improve, repair, maintain, | ||
renovate, and expand the South Suburban Airport, including any | ||
facilities located on the site of the South Suburban Airport | ||
for use by any individual or entity other than the Department. | ||
The development of the South Suburban Airport shall also | ||
include all land, highways, waterways, mass transit | ||
facilities, and other infrastructure that, in the | ||
determination of the Department, are necessary or appropriate | ||
in connection with the development or operation of the South | ||
Suburban Airport. The development of the South Suburban Airport | ||
also includes acquisition and development of any land or | ||
facilities for (i) relocation of persons, including providing | ||
replacement housing or facilities for persons and entities | ||
displaced by that development, (ii) protecting or reclaiming | ||
the environment with respect to the South Suburban Airport, | ||
(iii) providing substitute or replacement property or | ||
facilities, including , without limitation, for areas of | ||
recreation, conservation, open space, and wetlands, (iv) | ||
providing navigational aids, or (v) utilities to serve the | ||
airport, whether or not located on the site of the South | ||
Suburban Airport. | ||
(b) The Department shall have the authority to undertake | ||
and complete all ongoing projects related to the South Suburban | ||
Airport, including the South Suburban Airport Master Plan, and | ||
assisting the Federal Aviation Administration in preparing and |
approving the Environmental Impact Statement and Record of | ||
Decision. | ||
(c) The Department has the power to enter into all | ||
contracts useful for carrying out its purposes and powers, | ||
including, without limitation, public-private agreements | ||
pursuant to the provisions of this Act , ; leases of any of its | ||
property or facilities, use agreements with airlines or other | ||
airport users relating to the South Suburban Airport, | ||
agreements with South Suburban Airport concessionaires, and | ||
franchise agreements for use of or access to South Suburban | ||
Airport facilities. | ||
(d) The Department has the power to apply to the proper | ||
authorities of the United States, the State of Illinois, and | ||
other governmental entities, as permitted or authorized by | ||
applicable law, to obtain any licenses, approvals, or permits | ||
reasonably necessary to achieve the purposes of this Act. All | ||
applications to the Federal Aviation Administration, or any | ||
successor agency, shall be made by the Department. | ||
(e) The Department may take all steps consistent with | ||
applicable laws to maximize funding for the costs of the South | ||
Suburban Airport from grants by the Federal Aviation | ||
Administration or any successor agency, or any other federal | ||
governmental agency. | ||
(f) The Department has the power to apply to the proper | ||
authorities of the United States pursuant to appropriate law | ||
for permission to establish, operate, maintain, and lease |
foreign trade zones and sub-zones within the areas of the South | ||
Suburban Airport and to establish, operate, maintain, and lease | ||
foreign trade zones and sub-zones. | ||
(g) The Department may publicize, advertise, and promote | ||
the activities of the South Suburban Airport, including , to | ||
make known the advantages, facilities, resources, products, | ||
attractions, and attributes of the South Suburban Airport. | ||
(h) The Department may, at any time, acquire any land, any | ||
interests in land, other property, and interests in property | ||
needed for the South Suburban Airport or necessary to carry out | ||
the Department's powers and functions under this Act, including | ||
by exercise of the power of eminent domain pursuant to Section | ||
2-100 of this Act. The Department shall also have the power to | ||
dispose of any such lands, interests, and property upon terms | ||
it deems appropriate. | ||
(i) The Department may adopt any reasonable rules for the
| ||
administration of this Act in accordance with the
Illinois | ||
Administrative Procedure Act.
| ||
(Source: P.A. 98-109, eff. 7-25-13; revised 12-10-14.) | ||
Section 465. The Illinois Vehicle Code is amended by | ||
changing Sections 3-102, 3-109, 3-400, 3-413, 3-701, 5-101, | ||
5-102, 6-113, 7-311, 11-601, 11-709.2, 12-215, and 15-111 and | ||
the heading of Chapter 11 of Article V as follows:
| ||
(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
|
Sec. 3-102. Exclusions. No certificate of title need be | ||
obtained for:
| ||
1. a A vehicle owned by the State of Illinois; or a | ||
vehicle owned by the
United States unless it is registered | ||
in this State;
| ||
2. a A vehicle owned by a manufacturer or dealer and | ||
held for sale, even
though incidentally moved on the | ||
highway or used for purposes of testing or
demonstration, | ||
provided a dealer reassignment area is still available on | ||
the
manufacturer's certificate of origin or the Illinois | ||
title; or a vehicle used
by a manufacturer solely for | ||
testing;
| ||
3. a A vehicle owned by a non-resident of this State | ||
and not required by
law to be registered in this State;
| ||
4. a A motor vehicle regularly engaged in the | ||
interstate transportation of
persons or property for which | ||
a currently effective certificate of title
has been issued | ||
in another State;
| ||
5. a A vehicle moved solely by animal power;
| ||
6. an An implement of husbandry;
| ||
7. special Special mobile equipment;
| ||
8. an An apportionable trailer or an apportionable | ||
semitrailer registered in
the State prior to April 1, | ||
1998 ; .
| ||
9. a A manufactured home for which an affidavit of | ||
affixation has been recorded pursuant to the Conveyance and |
Encumbrance of Manufactured Homes as Real Property and | ||
Severance Act unless with respect to the same manufactured | ||
home there has been recorded an affidavit of severance | ||
pursuant to that Act. | ||
(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
| ||
(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
| ||
Sec. 3-109. Registration without certificate of title; | ||
bond. If the Secretary of State is not satisfied as to the | ||
ownership of the
vehicle, including , but not limited to, in the | ||
case of a manufactured home, a circumstance in which the | ||
manufactured home is covered by a Manufacturer's Statement of | ||
Origin that the owner of the manufactured home, after diligent | ||
search and inquiry, is unable to produce, or that there are no | ||
undisclosed security interests in it, the
Secretary of State | ||
may register the vehicle but shall:
| ||
(a) Withhold issuance of a certificate of title until | ||
the applicant
presents documents reasonably sufficient to | ||
satisfy the Secretary of
State as to the applicant's | ||
ownership of the vehicle and that there are
no undisclosed | ||
security interests in it;
| ||
(b) As a condition of issuing a certificate of title, | ||
require the
applicant to file with the Secretary of State a | ||
bond in the form
prescribed by the Secretary of State and | ||
executed by the applicant, and
either accompanied by the | ||
deposit of cash with the Secretary of State or
also |
executed by a person authorized to conduct a surety | ||
business in
this State. The bond shall be in an amount | ||
equal to one and one-half
times the value of the vehicle as | ||
determined by the Secretary of State
and conditioned to | ||
indemnify any prior owner and lienholder and any
subsequent | ||
purchaser of the vehicle or person acquiring any security
| ||
interest in it, and their respective successors in | ||
interest, against any
expense, loss or damage, including | ||
reasonable attorney's fees, by reason
of the issuance of | ||
the certificate of title of the vehicle or on account
of | ||
any defect in or undisclosed security interest upon the | ||
right, title
and interest of the applicant in and to the | ||
vehicle. Any such interested
person has a right of action | ||
to recover on the bond for any breach of
its conditions, | ||
but the aggregate liability of the surety to all persons
| ||
shall not exceed the amount of the bond. The bond, and any | ||
deposit
accompanying it, shall be returned at the end of 3 | ||
three (3) years or
prior thereto if (i) the vehicle is no | ||
longer registered in this State and
the currently valid | ||
certificate of title is surrendered to the Secretary
of | ||
State or (ii) , in the case of a certificate of title to a | ||
manufactured home, the currently valid certificate of | ||
title is surrendered to the Secretary of State in | ||
accordance with Section 3-116.2 ; , unless the Secretary of | ||
State has been notified of the
pendency of an action to | ||
recover on the bond; or
|
(b-5) Require
the applicant to file with the Secretary | ||
of State an application for a provisional title in
the form | ||
prescribed by the Secretary and executed
by the applicant, | ||
and accompanied by a $50 fee to be deposited in the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall | ||
designate by rule the documentation acceptable for an | ||
individual to apply for a provisional title. A provisional | ||
title shall be valid for 3 years and is nontransferable for | ||
the 3-year period. A provisional title shall be clearly | ||
marked and otherwise distinguished from a certificate of | ||
title. Three years after the issuance of a provisional | ||
title, the provisional title holder shall apply for the | ||
appropriate transferrable title in the applicant's name. | ||
If a claim of ownership for the vehicle is brought against | ||
a holder of a provisional title, then the provisional title | ||
holder shall apply for a bond under subsection (b) of this | ||
Section for the amount of time remaining on the provisional | ||
title. A provisional title holder or an individual who | ||
asserts a claim to the motor vehicle may petition a circuit | ||
court of competent jurisdiction for an order to determine | ||
the ownership of the vehicle. A provisional title shall not | ||
be available to individuals or entities that rebuild, | ||
repair, store, or tow vehicles or have a claim against the | ||
vehicle under the Labor and Storage Lien Act or the Labor | ||
and Storage Lien (Small Amount) Act. | ||
Security deposited as a bond hereunder shall be placed |
by the
Secretary of State in the custody of the State | ||
Treasurer.
| ||
(c) During July, annually, the Secretary shall compile a | ||
list of all bonds
on deposit, pursuant to this Section, for | ||
more than 3 years and concerning
which he has received no | ||
notice as to the pendency of any judicial proceeding
that could | ||
affect the disposition thereof. Thereupon, he shall promptly
| ||
send a notice by certified mail to the last known address of | ||
each depositor
advising him that his bond will be subject to | ||
escheat to the State of Illinois
if not claimed within 30 days | ||
after the mailing date of such notice. At
the expiration of | ||
such time, the Secretary of State shall file with the
State | ||
Treasurer an order directing the transfer of such deposit to | ||
the Road
Fund in the State Treasury. Upon receipt of such | ||
order, the State Treasurer
shall make such transfer, after | ||
converting to cash any other type of security.
Thereafter any | ||
person having a legal claim against such deposit may enforce
it | ||
by appropriate proceedings in the Court of Claims subject to | ||
the limitations
prescribed for such Court. At the expiration of | ||
such limitation period
such deposit shall escheat to the State | ||
of Illinois.
| ||
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; | ||
revised 10-2-14.)
| ||
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| ||
Sec. 3-400. Definitions. Notwithstanding the definitions |
definition set forth in
Chapter 1 of this Act, for the purposes | ||
of this Article, the following
words shall have the meaning | ||
ascribed to them as follows:
| ||
"Apportionable Fee" means any periodic recurring fee | ||
required for
licensing or registering vehicles, such as, but | ||
not limited to,
registration fees, license or weight fees.
| ||
"Apportionable Vehicle" means any vehicle, except | ||
recreational
vehicles, vehicles displaying restricted plates, | ||
city pickup and delivery
vehicles, buses used in transportation | ||
of chartered parties, and government
owned vehicles that are | ||
used or intended for use in 2 or more member
jurisdictions that | ||
allocate or proportionally register vehicles, in a
fleet which | ||
is used for the transportation of persons for hire or the
| ||
transportation of property and which has a gross vehicle weight | ||
in excess of
26,000 pounds; or has three or more axles | ||
regardless of weight; or is used in
combination when the weight | ||
of such combination exceeds 26,000 pounds gross
vehicle weight. | ||
Vehicles, or combinations having a gross vehicle weight of
| ||
26,000 pounds or less and two-axle vehicles may be | ||
proportionally registered at
the option of such owner.
| ||
"Base Jurisdiction" means, for purposes of fleet | ||
registration, the
jurisdiction where the registrant has an | ||
established place of business,
where operational records of the | ||
fleet are maintained and where mileage
is accrued by the fleet. | ||
In case a registrant operates more than one
fleet, and | ||
maintains records for each fleet in different places, the
"base |
jurisdiction" for a fleet shall be the jurisdiction where an
| ||
established place of business is maintained, where records of | ||
the
operation of that fleet are maintained and where mileage is | ||
accrued by
that fleet.
| ||
"Operational Records" means documents supporting miles | ||
traveled in
each jurisdiction and total miles traveled, such as | ||
fuel reports, trip
leases, and logs.
| ||
"Owner" means a Owner. A person who holds legal title of a | ||
motor vehicle, or in the
event a motor vehicle is the subject | ||
of an agreement for the conditional
sale or lease thereof with | ||
the right of purchase upon performance of the
conditions stated | ||
in the agreement and with an immediate right of
possession | ||
vested in the conditional vendee or lessee with right of
| ||
purchase, or in the event a mortgagor of such motor vehicle is | ||
entitled
to possession, or in the event a lessee of such motor | ||
vehicle is
entitled to possession or control, then such | ||
conditional vendee or
lessee with right of purchase or | ||
mortgagor or lessee is considered to be
the owner for the | ||
purpose of this Act.
| ||
"Registration plate cover" means any tinted, colored, | ||
painted, marked, clear, or illuminated object that is designed | ||
to (i) cover any of the characters of a motor vehicle's
| ||
registration plate; or (ii) distort a recorded image of any of | ||
the characters
of a motor vehicle's registration plate recorded | ||
by an automated enforcement system as defined in Section | ||
11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an |
automated traffic control system as defined in Section 15 of | ||
the Automated Traffic Control Systems in Highway Construction | ||
or Maintenance Zones Act. | ||
"Rental Owner" means an owner principally engaged, with | ||
respect to
one or more rental fleets, in renting to others or | ||
offering for rental
the vehicles of such fleets, without | ||
drivers.
| ||
"Restricted Plates" shall include , but is are not limited | ||
to , dealer,
manufacturer, transporter, farm, repossessor, and | ||
permanently mounted type
plates. Vehicles displaying any of | ||
these type plates from a foreign
jurisdiction that is a member | ||
of the International Registration Plan shall be
granted | ||
reciprocity but shall be subject to the same limitations as | ||
similar
plated Illinois registered vehicles.
| ||
(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13; | ||
revised 2-7-15.)
| ||
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||
Sec. 3-413. Display of registration plates, registration | ||
stickers,
and drive-away permits; registration plate covers. | ||
(a) Registration plates issued for a
motor vehicle other | ||
than a motorcycle, autocycle, trailer, semitrailer,
| ||
truck-tractor, apportioned bus, or apportioned truck shall be | ||
attached
thereto, one in the front and one in the
rear. The | ||
registration plate issued for a motorcycle, autocycle, trailer | ||
or
semitrailer required to be registered hereunder and any |
apportionment
plate issued to a bus under the provisions of | ||
this Code shall be attached
to the rear thereof. The | ||
registration plate issued for a truck-tractor or
an apportioned | ||
truck required to be registered hereunder shall be
attached to | ||
the front thereof.
| ||
(b) Every registration plate shall at all times be securely | ||
fastened
in a horizontal position to the vehicle for which it | ||
is issued so as to
prevent the plate from swinging and at a | ||
height of not less than 5
inches from the ground, measuring | ||
from the bottom of such plate, in a
place and position to be | ||
clearly visible and shall be maintained in a
condition to be | ||
clearly legible, free
from any materials that would obstruct | ||
the visibility of the plate. A registration plate on a | ||
motorcycle may be mounted vertically as long as it is otherwise | ||
clearly visible. Registration stickers issued as
evidence of | ||
renewed annual registration shall be attached to registration
| ||
plates as required by the Secretary of State, and be clearly | ||
visible at
all times.
| ||
(c) Every drive-away permit issued pursuant to this
Code | ||
shall
be firmly attached to the motor vehicle in the manner | ||
prescribed by the Secretary of State. If a drive-away permit is | ||
affixed to a motor vehicle in any other manner the
permit shall | ||
be void and of no effect.
| ||
(d) The Illinois prorate decal issued to a foreign | ||
registered
vehicle part of a fleet prorated or apportioned with | ||
Illinois, shall be
displayed on a registration plate and |
displayed on the front of such
vehicle in the same manner as an | ||
Illinois registration plate.
| ||
(e) The registration plate issued for a camper body mounted | ||
on a
truck displaying registration plates shall be attached to | ||
the rear of
the camper body.
| ||
(f) No person shall operate a vehicle, nor permit the | ||
operation of a
vehicle, upon which is displayed an Illinois | ||
registration plate, plates
or registration stickers, except as | ||
provided for in subsection (b) of Section 3-701 of this Code, | ||
after the termination of the registration
period for which | ||
issued or after the expiration date set pursuant to
Sections | ||
3-414 and 3-414.1 of this Code.
| ||
(g) A person may not operate any motor vehicle that is | ||
equipped with registration plate covers. A violation of this | ||
subsection (g) or a similar provision of a local ordinance is | ||
an offense against laws and ordinances regulating the movement | ||
of traffic. | ||
(h) A person may not sell or offer for sale a registration | ||
plate cover. A violation of this subsection (h) is a business | ||
offense. | ||
(i) A person may not advertise for the purpose of promoting | ||
the sale of registration plate covers. A violation of this | ||
subsection (i) is a business offense. | ||
(j) A person may not modify the original manufacturer's | ||
mounting location of the rear registration plate on any vehicle | ||
so as to conceal the registration or to knowingly cause it to |
be obstructed in an effort to hinder a peace officer from | ||
obtaining the registration for the enforcement of a violation | ||
of this Code, Section 27.1 of the Toll Highway Act concerning | ||
toll evasion, or any municipal ordinance. Modifications | ||
prohibited by this subsection (j) include but are not limited | ||
to the use of an electronic device. A violation of this | ||
subsection (j) is a Class A misdemeanor. | ||
(Source: P.A. 97-743, eff. 1-1-13; 98-777, eff. 1-1-15; | ||
98-1103, eff. 1-1-15; revised 10-1-14.)
| ||
(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)
| ||
Sec. 3-701. Operation of vehicles without evidence of
| ||
registration - Operation under mileage plates when odometer | ||
broken or
disconnected. | ||
(a) No person shall operate, nor shall an owner knowingly | ||
permit to
be
operated, except as provided in subsection (b) of | ||
this Section, a vehicle upon any highway unless there shall be | ||
attached thereto and
displayed thereon when and as required by | ||
law, proper evidence of
registration in Illinois, as follows:
| ||
(1) A vehicle required to be registered in Illinois. A | ||
current and
valid Illinois registration sticker or | ||
stickers and plate or plates, or
an Illinois temporary | ||
registration permit, or a drive-away or
in-transit permit, | ||
issued therefor by the Secretary of State . ; or
| ||
(2) A vehicle eligible for Reciprocity. A current and | ||
valid
reciprocal foreign registration plate or plates |
properly issued to such
vehicle or a temporary registration | ||
issued therefor, by the reciprocal
State, and, in addition, | ||
when required by the Secretary, a current and
valid | ||
Illinois Reciprocity Permit or Prorate Decal issued
| ||
therefor by the Secretary of State; or except as otherwise | ||
expressly
provided for in this Chapter.
| ||
(3) A vehicle commuting for repairs in Illinois. A | ||
dealer plate issued by a foreign state shall exempt a | ||
vehicle from the requirements of this Section if the | ||
vehicle is being operated for the purpose of transport to a | ||
repair facility in Illinois to have repairs performed on | ||
the vehicle displaying foreign dealer plates. The driver of | ||
the motor vehicle bearing dealer plates shall provide a | ||
work order or contract with the repair facility to a law | ||
enforcement officer upon request. | ||
(b) A person may operate or permit operation of a vehicle | ||
upon any highway a vehicle that has been properly registered | ||
but does not display a current and valid Illinois registration | ||
sticker if he or she has proof, in the form of a printed | ||
receipt from the Secretary, that he or she registered the | ||
vehicle before the previous registration's expiration but has | ||
not received a new registration sticker from the Secretary. | ||
This printed proof of registration is valid for 30 days from | ||
the expiration of the previous registration sticker's date. | ||
(c) No person shall operate, nor shall any owner knowingly | ||
permit to be
operated, any vehicle of the second division for |
which the owner has
made an election to pay the mileage tax in | ||
lieu of the annual flat
weight tax, at any time when the | ||
odometer of such vehicle is broken or
disconnected, or is | ||
inoperable or not operating.
| ||
(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; | ||
revised 10-3-14.)
| ||
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||
Sec. 5-101. New vehicle dealers must be licensed.
| ||
(a) No person shall engage in this State in the business of | ||
selling
or dealing in, on consignment or otherwise, new | ||
vehicles of any make, or
act as an intermediary or agent or | ||
broker for any licensed dealer or
vehicle purchaser other than | ||
as a salesperson, or represent or advertise
that he is so | ||
engaged or intends to so engage in such business unless
| ||
licensed to do so in writing by the Secretary of State under | ||
the
provisions of this Section.
| ||
(b) An application for a new vehicle dealer's license shall | ||
be filed
with the Secretary of State, duly verified by oath, on | ||
such form as the
Secretary of State may by rule or regulation | ||
prescribe and shall contain:
| ||
1. The name and type of business organization of the | ||
applicant and
his established and additional places of | ||
business, if any, in this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the name and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee, or manager.
| ||
3. The make or makes of new vehicles which the | ||
applicant will offer
for sale at retail in this State.
| ||
4. The name of each manufacturer or franchised | ||
distributor, if any,
of new vehicles with whom the | ||
applicant has contracted for the sale of
such new vehicles. | ||
As evidence of this fact, the application shall be
| ||
accompanied by a signed statement from each such | ||
manufacturer or
franchised distributor. If the applicant | ||
is in the business of
offering for sale new conversion | ||
vehicles, trucks or vans, except for
trucks modified to | ||
serve a special purpose which includes but is not
limited | ||
to the following vehicles: street sweepers, fertilizer | ||
spreaders,
emergency vehicles, implements of husbandry or | ||
maintenance type vehicles,
he must furnish evidence of a | ||
sales and service agreement from both the
chassis | ||
manufacturer and second stage manufacturer.
| ||
5. A statement that the applicant has been approved for | ||
registration
under the Retailers' Occupation Tax Act by the | ||
Department of Revenue:
Provided that this requirement does |
not apply to a dealer who is already
licensed hereunder | ||
with the Secretary of State, and who is merely applying
for | ||
a renewal of his license. As evidence of this fact, the | ||
application
shall be accompanied by a certification from | ||
the Department of Revenue
showing that that Department has | ||
approved the applicant for registration
under the | ||
Retailers' Occupation Tax Act.
| ||
6. A statement that the applicant has complied with the | ||
appropriate
liability insurance requirement. A Certificate | ||
of Insurance in a solvent
company authorized to do business | ||
in the State of Illinois shall be included
with each | ||
application covering each location at which he proposes to | ||
act
as a new vehicle dealer. The policy must provide | ||
liability coverage in
the minimum amounts of $100,000 for | ||
bodily injury to, or death of, any person,
$300,000 for | ||
bodily injury to, or death of, two or more persons in any | ||
one
accident, and $50,000 for damage to property. Such | ||
policy shall expire
not sooner than December 31 of the year | ||
for which the license was issued
or renewed. The expiration | ||
of the insurance policy shall not terminate
the liability | ||
under the policy arising during the period for which the
| ||
policy was filed. Trailer and mobile home dealers are | ||
exempt from this
requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for damage | ||
to property,
then the permitted user's insurer shall be the | ||
primary
insurer and the
dealer's insurer shall be the | ||
secondary insurer. If the permitted user does not
have a | ||
liability
insurance policy that provides automobile | ||
liability insurance coverage of at
least
$100,000 for | ||
bodily injury to or the death of any person, $300,000 for | ||
bodily
injury to or the death of any 2 or more persons in | ||
any one accident, and
$50,000 for damage to property, or | ||
does not have any insurance at all,
then the dealer's | ||
insurer shall be the primary insurer and the permitted | ||
user's
insurer shall be the secondary
insurer.
| ||
When a permitted user is "test driving" a new vehicle | ||
dealer's automobile,
the new vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 6, a "permitted user" is a | ||
person who, with the
permission of the new vehicle dealer | ||
or an employee of the new vehicle dealer,
drives a vehicle | ||
owned and held for sale or lease by the new vehicle dealer
| ||
which the person is considering
to purchase or lease, in | ||
order to evaluate the performance, reliability, or
| ||
condition of the vehicle.
The term "permitted user" also | ||
includes a person who, with the permission of
the new
| ||
vehicle dealer, drives a vehicle owned or held for sale or |
lease by the new
vehicle dealer
for loaner purposes while | ||
the user's vehicle is being repaired or evaluated.
| ||
As used in this paragraph 6, "test driving" occurs when | ||
a permitted user
who,
with the permission of the new | ||
vehicle dealer or an employee of the new vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a new | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 6, "loaner purposes" means | ||
when a person who,
with the permission of the new vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the new vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
7. (A) An application for a new motor vehicle dealer's | ||
license shall be
accompanied by the following license fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$100 for each
additional place of | ||
business, if any, to which the application
pertains; | ||
but if the application is made after June 15 of any | ||
year, the license
fee shall be $500 for applicant's | ||
established place of business
plus
$50 for each | ||
additional place of business, if any, to which the
| ||
application pertains. License fees shall be returnable | ||
only in the event that
the application is denied by the | ||
Secretary of State.
All moneys received by the |
Secretary of State as license fees under this | ||
subparagraph (i) prior to applications for the 2004
| ||
licensing year
shall be
deposited into the Motor | ||
Vehicle Review Board Fund and shall
be used to | ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle
Franchise Act. Of the money received by | ||
the Secretary of State as license
fees under this | ||
subparagraph (i) for the 2004
licensing year and
| ||
thereafter, 10% shall
be deposited into the Motor | ||
Vehicle Review Board Fund and shall be used to
| ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle Franchise Act
and 90% shall be deposited | ||
into the General Revenue Fund.
| ||
(ii) Except for dealers selling 25 or fewer | ||
automobiles or as provided in subsection (h) of Section | ||
5-102.7 of this Code, an Annual Dealer Recovery Fund | ||
Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the | ||
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. For a license renewal | ||
application, the fee shall be based on the amount of | ||
automobiles sold in the past year according to the |
following formula: | ||
(1) $0 for dealers selling 25 or less | ||
automobiles; | ||
(2) $150 for dealers selling more than 25 but | ||
less than 200 automobiles; | ||
(3) $300 for dealers selling 200 or more | ||
automobiles but less than 300 automobiles; and | ||
(4) $500 for dealers selling 300 or more | ||
automobiles. | ||
License fees shall be returnable only in the event | ||
that the application is denied by the Secretary of | ||
State. Moneys received under this subparagraph (ii) | ||
shall be deposited into the Dealer Recovery Trust Fund. | ||
(B) An application for a new vehicle dealer's license, | ||
other than for
a new motor vehicle dealer's license, shall | ||
be accompanied by the following
license fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$50 for each
additional place of | ||
business, if any, to which the application pertains; | ||
but if
the application is made after June 15 of any | ||
year, the license fee shall be
$500
for applicant's | ||
established place of business plus $25 for each
| ||
additional
place of business, if any, to which the | ||
application pertains. License fees
shall be returnable | ||
only in the event that the application is denied by the
| ||
Secretary of State. Of the money received by the |
Secretary of State as
license fees under this | ||
subparagraph (i) for the 2004 licensing year and | ||
thereafter,
95% shall be deposited into the General | ||
Revenue Fund.
| ||
(ii) Except as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer Recovery | ||
Fund Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the | ||
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. License fees shall be | ||
returnable only in the event that the application is | ||
denied by the Secretary of State. Moneys received under | ||
this subparagraph (ii) shall be deposited into the | ||
Dealer Recovery Trust Fund. | ||
8. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest
therein, proprietor, a partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in the past 3
years any one | ||
violation as determined in any civil, criminal or
| ||
administrative proceedings of any one of the following | ||
Acts:
|
(A) The Anti-Theft Anti Theft Laws of the Illinois | ||
Vehicle Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders
Laws of the Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, Criminal Trespass to
| ||
Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
9. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest
therein, proprietor, partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil, criminal or
| ||
administrative proceedings, of any one or more of the | ||
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
| ||
(C) The Retail Installment Sales Act;
| ||
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
|
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud Act.
| ||
10. A bond or certificate of deposit in the amount of | ||
$20,000 for
each location at which the applicant intends to | ||
act as a new vehicle
dealer. The bond shall be for the term | ||
of the license, or its renewal, for
which application is | ||
made, and shall expire not sooner than
December 31 of the | ||
year for which the license was issued or renewed. The bond
| ||
shall run to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees and
| ||
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted by the
applicant as a new vehicle dealer.
| ||
11. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
12. A statement that the applicant understands Chapter | ||
1 One through
Chapter 5 Five of this Code.
| ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a new vehicle | ||
dealer's license shall be
amended within 30 days after the | ||
occurrence of such change on such form
as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter 5 to the contrary | ||
notwithstanding no
person shall be licensed as a new vehicle | ||
dealer unless:
| ||
1. He is authorized by contract in writing between | ||
himself and the
manufacturer or franchised distributor of | ||
such make of vehicle to so
sell the same in this State, and
| ||
2. Such person shall maintain an established place of | ||
business as
defined in this Act.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section and
unless he makes a determination that the | ||
application submitted to him
does not conform with the | ||
requirements of this Section or that grounds
exist for a denial | ||
of the application, under Section 5-501 of this
Chapter, grant | ||
the applicant an original new vehicle dealer's license in
| ||
writing for his established place of business and a | ||
supplemental license
in writing for each additional place of | ||
business in such form as he may
prescribe by rule or regulation | ||
which shall include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
| ||
manager;
| ||
3. In the case of an original license, the established | ||
place of
business of the licensee;
| ||
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains;
| ||
5. The make or makes of new vehicles which the licensee | ||
is licensed
to sell.
| ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State, | ||
shall be kept posted
conspicuously in the established place of | ||
business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
| ||
(g) Except as provided in subsection (h) hereof, all new | ||
vehicle
dealer's licenses granted under this Section shall | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under the provisions of Section 5-501
of this Chapter.
| ||
(h) A new vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and | ||
submission of proof of
coverage under an approved bond under | ||
the " Retailers' Occupation Tax
Act " or proof that applicant is | ||
not subject to such bonding
requirements, as in the case of an | ||
original license, but in case an
application for the renewal of |
an effective license is made during the
month of December, the | ||
effective license shall remain in force until the
application | ||
is granted or denied by the Secretary of State.
| ||
(i) All persons licensed as a new vehicle dealer are | ||
required to
furnish each purchaser of a motor vehicle:
| ||
1. In the case of a new vehicle a manufacturer's | ||
statement of origin
and in the case of a used motor vehicle | ||
a certificate of title, in
either case properly assigned to | ||
the purchaser;
| ||
2. A statement verified under oath that all identifying | ||
numbers on
the vehicle agree with those on the certificate | ||
of title or
manufacturer's statement of origin;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting | ||
return
referred to in Section 5-402 hereof;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) Except at the time of sale or repossession of the | ||
vehicle, no person
licensed as a new vehicle dealer may issue | ||
any other person a newly created
key to a vehicle unless the | ||
new vehicle dealer makes a copy of the driver's
license or | ||
State identification card of the person requesting or obtaining | ||
the
newly created key. The new vehicle dealer must retain the |
copy for 30 days.
| ||
A new vehicle dealer who violates this subsection (j) is | ||
guilty of a
petty offense. Violation of this subsection (j) is | ||
not cause to suspend,
revoke,
cancel, or deny renewal of the | ||
new vehicle dealer's license.
| ||
This amendatory Act of 1983 shall be applicable to the 1984 | ||
registration
year and thereafter.
| ||
(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13; | ||
98-450, eff. 1-1-14; revised 12-10-14.)
| ||
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||
Sec. 5-102. Used vehicle dealers must be licensed.
| ||
(a) No person, other than a licensed new vehicle dealer, | ||
shall engage in
the business of selling or dealing in, on | ||
consignment or otherwise, 5 or
more used vehicles of any make | ||
during the year (except house trailers as
authorized by | ||
paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||
by their rebuilders to persons licensed under this Chapter), or | ||
act as
an intermediary, agent or broker for any licensed dealer | ||
or vehicle
purchaser (other than as a salesperson) or represent | ||
or advertise that he
is so engaged or intends to so engage in | ||
such business unless licensed to
do so by the Secretary of | ||
State under the provisions of this Section.
| ||
(b) An application for a used vehicle dealer's license | ||
shall be
filed with the Secretary of State, duly verified by | ||
oath, in such form
as the Secretary of State may by rule or |
regulation prescribe and shall
contain:
| ||
1. The name and type of business organization | ||
established and additional
places of business, if any, in | ||
this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the names and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee or manager.
| ||
3. A statement that the applicant has been approved for | ||
registration
under the Retailers' Occupation Tax Act by the | ||
Department of Revenue. However,
this requirement does not | ||
apply to a dealer who is already licensed
hereunder with | ||
the Secretary of State, and who is merely applying for a
| ||
renewal of his license. As evidence of this fact, the | ||
application shall be
accompanied by a certification from | ||
the Department of Revenue showing that
the Department has | ||
approved the applicant for registration under the
| ||
Retailers' Occupation Tax Act.
| ||
4. A statement that the applicant has complied with the | ||
appropriate
liability insurance requirement. A Certificate | ||
of Insurance in a solvent
company authorized to do business |
in the State of Illinois shall be included
with each | ||
application covering each location at which he proposes to | ||
act
as a used vehicle dealer. The policy must provide | ||
liability coverage in
the minimum amounts of $100,000 for | ||
bodily injury to, or death of, any person,
$300,000 for | ||
bodily injury to, or death of, two or more persons in any | ||
one
accident, and $50,000 for damage to property. Such | ||
policy shall expire
not sooner than December 31 of the year | ||
for which the license was issued
or renewed. The expiration | ||
of the insurance policy shall not terminate
the liability | ||
under the policy arising during the period for which the | ||
policy
was filed. Trailer and mobile home dealers are | ||
exempt from this requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
| ||
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for damage | ||
to property,
then the permitted user's insurer shall be the | ||
primary
insurer and the
dealer's insurer shall be the | ||
secondary insurer. If the permitted user does not
have a | ||
liability
insurance policy that provides automobile | ||
liability insurance coverage of at
least
$100,000 for | ||
bodily injury to or the death of any person, $300,000 for | ||
bodily
injury to or
the death of any 2 or more persons in | ||
any one accident, and $50,000 for damage
to
property, or |
does not have any insurance at all,
then the
dealer's
| ||
insurer shall be the primary insurer and the permitted | ||
user's insurer shall be
the secondary
insurer.
| ||
When a permitted user is "test driving" a used vehicle | ||
dealer's automobile,
the used vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 4, a "permitted user" is a | ||
person who, with the
permission of the used vehicle dealer | ||
or an employee of the used vehicle
dealer, drives a vehicle | ||
owned and held for sale or lease by the used vehicle
dealer | ||
which the person is considering to purchase or lease, in | ||
order to
evaluate the performance, reliability, or | ||
condition of the vehicle.
The term "permitted user" also | ||
includes a person who, with the permission of
the used
| ||
vehicle dealer, drives a vehicle owned or held for sale or | ||
lease by the used
vehicle dealer
for loaner purposes while | ||
the user's vehicle is being repaired or evaluated.
| ||
As used in this paragraph 4, "test driving" occurs when | ||
a permitted user
who,
with the permission of the used | ||
vehicle dealer or an employee of the used
vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a used | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 4, "loaner purposes" means |
when a person who,
with the permission of the used vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the used vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
5. An application for a used vehicle dealer's license | ||
shall be
accompanied by the following license fees:
| ||
(A) $1,000 for applicant's established place of | ||
business, and
$50 for
each additional place of | ||
business, if any, to which the application
pertains; | ||
however, if the application is made after June 15 of | ||
any
year, the license fee shall be $500 for applicant's | ||
established
place of
business plus $25 for each | ||
additional place of business, if any,
to
which the | ||
application pertains. License fees shall be returnable | ||
only in
the event that the application is denied by
the | ||
Secretary of State. Of the money received by the | ||
Secretary of State as
license fees under this | ||
subparagraph (A) for the 2004 licensing year and | ||
thereafter, 95%
shall be deposited into the General | ||
Revenue Fund.
| ||
(B) Except for dealers selling 25 or fewer | ||
automobiles or as provided in subsection (h) of Section | ||
5-102.7 of this Code, an Annual Dealer Recovery Fund | ||
Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the |
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. For a license renewal | ||
application, the fee shall be based on the amount of | ||
automobiles sold in the past year according to the | ||
following formula: | ||
(1) $0 for dealers selling 25 or less | ||
automobiles; | ||
(2) $150 for dealers selling more than 25 but | ||
less than 200 automobiles; | ||
(3) $300 for dealers selling 200 or more | ||
automobiles but less than 300 automobiles; and | ||
(4) $500 for dealers selling 300 or more | ||
automobiles. | ||
License fees shall be returnable only in the event | ||
that the application is denied by the Secretary of | ||
State. Moneys received under this subparagraph (B) | ||
shall be deposited into the Dealer Recovery Trust Fund.
| ||
6. A statement that the applicant's officers, | ||
directors, shareholders
having a 10% or greater ownership | ||
interest therein, proprietor, partner,
member, officer, | ||
director, trustee, manager or other principals in the
| ||
business have not committed in the past 3 years any one | ||
violation as
determined in any civil, criminal or |
administrative proceedings of any one
of the following | ||
Acts:
| ||
(A) The Anti-Theft Anti Theft Laws of the Illinois | ||
Vehicle Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders Laws of the
Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Illinois Criminal Code of | ||
1961 or the Criminal Code of 2012, Criminal
Trespass to | ||
Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
7. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest therein,
proprietor, partner, member, officer, | ||
director, trustee, manager or
other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil or criminal or
| ||
administrative proceedings, of any one or more of the | ||
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
| ||
(C) The Retail Installment Sales Act;
|
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud Act.
| ||
8. A bond or Certificate of Deposit in the amount of | ||
$20,000 for
each location at which the applicant intends to | ||
act as a used vehicle
dealer. The bond shall be for the | ||
term of the license, or its renewal, for
which application | ||
is made, and shall expire not sooner than December 31 of
| ||
the year for which the license was issued or renewed. The | ||
bond shall run
to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees
and | ||
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted
by the applicant as a used vehicle dealer.
| ||
9. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
10. A statement that the applicant understands Chapter | ||
1 through
Chapter 5 of this Code.
| ||
11. A copy of the certification from the prelicensing | ||
education
program. |
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a used vehicle | ||
dealer's license shall
be amended within 30 days after the | ||
occurrence of each change on such
form as the Secretary of | ||
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter to the contrary | ||
notwithstanding, no
person shall be licensed as a used vehicle | ||
dealer unless such person
maintains an established place of | ||
business as
defined in this Chapter.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section.
Unless the Secretary makes a determination that | ||
the application
submitted to him does not conform to this | ||
Section or that grounds exist
for a denial of the application | ||
under Section 5-501 of this Chapter, he
must grant the | ||
applicant an original used vehicle dealer's license in
writing | ||
for his established place of business and a supplemental | ||
license
in writing for each additional place of business in | ||
such form as he may
prescribe by rule or regulation which shall | ||
include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
| ||
manager;
| ||
3. In case of an original license, the established | ||
place of business
of the licensee;
| ||
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains.
| ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept posted,
conspicuously, in the established place | ||
of business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
| ||
(g) Except as provided in subsection (h) of this Section, | ||
all used
vehicle dealer's licenses granted under this Section | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under Section 5-501 of this Chapter.
| ||
(h) A used vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and | ||
submission of proof of
coverage by an approved bond under the | ||
"Retailers' Occupation Tax Act"
or proof that applicant is not | ||
subject to such bonding requirements, as
in the case of an | ||
original license, but in case an application for the
renewal of | ||
an effective license is made during the month of December,
the | ||
effective license shall remain in force until the application |
for
renewal is granted or denied by the Secretary of State.
| ||
(i) All persons licensed as a used vehicle dealer are | ||
required to
furnish each purchaser of a motor vehicle:
| ||
1. A certificate of title properly assigned to the | ||
purchaser;
| ||
2. A statement verified under oath that all identifying | ||
numbers on
the vehicle agree with those on the certificate | ||
of title;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting | ||
return
referred to in Section 5-402 of this Chapter;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) A real estate broker holding a valid certificate of | ||
registration issued
pursuant to "The Real Estate Brokers and | ||
Salesmen License Act" may engage
in the business of selling or | ||
dealing in house trailers not his own without
being licensed as | ||
a used vehicle dealer under this Section; however such
broker | ||
shall maintain a record of the transaction including the | ||
following:
| ||
(1) the name and address of the buyer and seller,
| ||
(2) the date of sale,
| ||
(3) a description of the mobile home, including the |
vehicle identification
number, make, model, and year, and
| ||
(4) the Illinois certificate of title number.
| ||
The foregoing records shall be available for inspection by | ||
any officer
of the Secretary of State's Office at any | ||
reasonable hour.
| ||
(k) Except at the time of sale or repossession of the | ||
vehicle, no
person licensed as a used vehicle dealer may issue | ||
any other person a newly
created key to a vehicle unless the | ||
used vehicle dealer makes a copy of the
driver's license or | ||
State identification card of the person requesting or
obtaining | ||
the newly created key. The used vehicle dealer must retain the
| ||
copy for 30 days.
| ||
A used vehicle dealer who violates this subsection (k) is | ||
guilty of a
petty offense. Violation of this subsection (k) is | ||
not cause to suspend,
revoke, cancel, or deny renewal of the | ||
used vehicle dealer's license. | ||
(l) Used vehicle dealers licensed under this Section shall | ||
provide the Secretary of State a register for the sale at | ||
auction of each salvage or junk certificate vehicle. Each | ||
register shall include the following information: | ||
1. The year, make, model, style and color of the | ||
vehicle; | ||
2. The vehicle's manufacturer's identification number | ||
or, if applicable, the Secretary of State or Illinois | ||
Department of State Police identification number; | ||
3. The date of acquisition of the vehicle; |
4. The name and address of the person from whom the | ||
vehicle was acquired; | ||
5. The name and address of the person to whom any | ||
vehicle was disposed, the person's Illinois license number | ||
or if the person is an out-of-state salvage vehicle buyer, | ||
the license number from the state or jurisdiction where the | ||
buyer is licensed; and | ||
6. The purchase price of the vehicle. | ||
The register shall be submitted to the Secretary of State | ||
via written or electronic means within 10 calendar days from | ||
the date of the auction.
| ||
(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13; | ||
98-450, eff. 1-1-14; revised 12-10-14.)
| ||
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| ||
Sec. 6-113. Restricted licenses and permits.
| ||
(a) The Secretary of
State upon issuing a drivers license | ||
or permit shall have the authority
whenever good cause appears | ||
to impose restrictions suitable to the
licensee's driving | ||
ability with respect to the type of, or special
mechanical | ||
control devices required on, a motor vehicle which the
licensee | ||
may operate or such other restrictions applicable to the
| ||
licensee as the Secretary of State may determine to be | ||
appropriate to
assure the safe operation of a motor vehicle by | ||
the licensee.
| ||
(b) The Secretary of State may either issue a special |
restricted
license or permit or may set forth such restrictions | ||
upon the usual
license or permit form.
| ||
(c) The Secretary of State may issue a probationary license | ||
to a person
whose driving privileges have been suspended | ||
pursuant to subsection (d) of this
Section or subsection (a)(2) | ||
of Section 6-206 of this
Code. This subsection (c) does not | ||
apply to any driver required to possess a CDL for the purpose | ||
of operating a commercial motor vehicle. The Secretary of State | ||
shall promulgate rules pursuant to the
Illinois Administrative | ||
Procedure Act, setting forth the conditions and
criteria for | ||
the issuance and cancellation of probationary licenses.
| ||
(d) The Secretary of State may upon receiving satisfactory | ||
evidence
of any violation of the restrictions of such license | ||
or permit suspend,
revoke or cancel the same without | ||
preliminary hearing, but the licensee or
permittee shall be | ||
entitled to a hearing as in the case of a suspension
or | ||
revocation.
| ||
(e) It is unlawful for any person to operate a motor | ||
vehicle in any
manner in violation of the restrictions imposed | ||
on a restricted license
or permit issued to him.
| ||
(f) Whenever the holder of a restricted driving permit is | ||
issued a citation
for any of the following offenses including | ||
similar local ordinances, the
restricted driving permit is | ||
immediately invalidated:
| ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
|
2. Violation of Section 11-501 of this Act relating to | ||
the operation of
a motor vehicle while under the influence | ||
of intoxicating liquor or narcotic
drugs;
| ||
3. Violation of Section 11-401 of this Act relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or injury;
| ||
4. Violation of Section 11-504 of this Act relating to | ||
the offense of drag
racing; or
| ||
5. Violation of Section 11-506 of this Act relating to | ||
the offense of street racing.
| ||
The police officer issuing the citation shall confiscate | ||
the restricted
driving permit and forward it, along with the | ||
citation, to the Clerk of
the Circuit Court of the county in | ||
which the citation was issued.
| ||
(g) The Secretary of State may issue a special restricted
| ||
license for a period of 48 months to individuals using vision | ||
aid
arrangements other than standard eyeglasses or contact | ||
lenses,
allowing the operation of a motor vehicle during | ||
nighttime hours.
The Secretary of State shall adopt rules | ||
defining the terms and
conditions by which the individual may | ||
obtain and renew this
special restricted license. At a minimum, | ||
all drivers must meet
the following requirements:
| ||
1. Possess a valid driver's license and have operated a
| ||
motor vehicle during daylight hours for a period of 12 | ||
months
using vision aid arrangements other than standard | ||
eyeglasses
or contact lenses.
|
2. Have a driving record that does not include any
| ||
traffic accidents that occurred during nighttime hours, | ||
for which the
driver has been found to be at fault, during | ||
the 12 months before he or she
applied for the special | ||
restricted license.
| ||
3. Successfully complete a road test administered | ||
during
nighttime hours.
| ||
The special restricted license holder must submit to the | ||
Secretary annually a vision specialist report from his or her | ||
ophthalmologist or optometrist that the special restricted | ||
license holder's vision has not changed. If the special | ||
restricted license holder fails to submit this vision | ||
specialist report , the special restricted license shall be | ||
cancelled under Section 6-201 of this Code. | ||
At a minimum, all drivers renewing this license must meet | ||
the
following requirements:
| ||
1. Successfully complete a road test administered | ||
during
nighttime hours.
| ||
2. Have a driving record that does not include any
| ||
traffic accidents that occurred during nighttime hours, | ||
for which the
driver has been found to be at fault, during | ||
the 12 months before he or she
applied for
the special | ||
restricted license.
| ||
(h) Any driver issued a special restricted license as | ||
defined in
subsection (g) whose privilege to drive during | ||
nighttime hours has been
suspended due to an accident occurring |
during nighttime hours may request
a hearing as provided in | ||
Section 2-118 of this Code to contest that suspension.
If it is
| ||
determined that the accident for which the driver was at fault | ||
was not
influenced by the driver's use of vision aid | ||
arrangements other than standard
eyeglasses or contact lenses, | ||
the Secretary may reinstate that driver's
privilege to drive | ||
during nighttime hours.
| ||
(i) The Secretary of State may issue a special restricted | ||
training permit for a period of 6 months to individuals using | ||
vision aid arrangements other than standard eyeglasses or | ||
contact lenses, allowing the operation of a motor vehicle | ||
between sunset and 10:00 p.m. provided the driver is | ||
accompanied by a person holding a valid driver's license | ||
without nighttime operation restrictions. The Secretary may | ||
adopt rules defining the terms and conditions by which the | ||
individual may obtain and renew this special restricted | ||
training permit. At a minimum, all persons applying for a | ||
special restricted training permit must meet the following | ||
requirements: | ||
1. Possess a valid driver's license and have operated a | ||
motor vehicle during daylight hours for a period of 6 | ||
months using vision aid arrangements other than standard | ||
eyeglasses or contact lenses. | ||
2. Have a driving record that does not include any | ||
traffic accidents, for which the person has been found to | ||
be at fault, during the 6 months before he or she applied |
for the special restricted training permit. | ||
(Source: P.A. 97-229, eff. 7-28-11; 98-746, eff. 1-1-15; | ||
98-747, eff. 1-1-15; revised 10-2-14.)
| ||
(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| ||
Sec. 7-311. Payments sufficient to satisfy requirements. | ||
(a) Judgments herein referred to arising out of motor | ||
vehicle accidents
occurring on or after January 1, 2015 ( the | ||
effective date of Public 98-519) this amendatory Act of the | ||
98th General Assembly, shall for the purpose of this
Chapter be | ||
deemed satisfied:
| ||
1. When $25,000 has been credited upon any judgment or | ||
judgments
rendered in excess of that amount for bodily | ||
injury to or the death of
one person as the result of any | ||
one motor vehicle accident; or
| ||
2. When, subject to said limit of $25,000 as to any one | ||
person, the sum
of $50,000 has been credited upon any | ||
judgment or judgments rendered
in excess of that amount for | ||
bodily injury to or the death of more than
one person as | ||
the result of any one motor vehicle accident; or
| ||
3. When $20,000 has been credited upon any judgment or | ||
judgments,
rendered in excess of that amount for damages to | ||
property of others as a
result of any one motor vehicle | ||
accident.
| ||
The changes to this subsection made by Public Act 98-519 | ||
this amendatory Act of the 98th General Assembly apply only to |
policies issued or renewed on or after January 1, 2015. | ||
(b) Credit for such amounts shall be deemed a satisfaction | ||
of any such
judgment or judgments in excess of said amounts | ||
only for the purposes of
this Chapter.
| ||
(c) Whenever payment has been made in settlement of any | ||
claim for bodily
injury, death or property damage arising from | ||
a motor vehicle accident
resulting in injury, death or property | ||
damage to two or more persons in
such accident, any such | ||
payment shall be credited in reduction of the
amounts provided | ||
for in this Section.
| ||
(Source: P.A. 98-519, eff. 1-1-15; revised 12-10-14.)
| ||
(625 ILCS 5/Ch. 11 Art. V heading) | ||
ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE INTOXICATED ,
| ||
TRANSPORTING ALCOHOLIC LIQUOR,
| ||
AND RECKLESS DRIVING
| ||
(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
| ||
Sec. 11-601. General speed restrictions.
| ||
(a) No vehicle may be driven upon any highway of this State | ||
at a speed
which is greater than is reasonable and proper with | ||
regard to traffic
conditions and the use of the highway, or | ||
endangers the safety of any
person or property. The fact that | ||
the speed of a vehicle does not exceed
the applicable maximum | ||
speed limit does not relieve the driver from the
duty to | ||
decrease speed when approaching and crossing an intersection,
|
approaching and going around a curve, when approaching a hill | ||
crest, when
traveling upon any narrow or winding roadway, or | ||
when special hazard exists
with respect to pedestrians or other | ||
traffic or by reason of weather or
highway conditions. Speed | ||
must be decreased as may be necessary to avoid
colliding with | ||
any person or vehicle on or entering the highway in
compliance | ||
with legal requirements and the duty of all persons to use due
| ||
care.
| ||
(a-5) For purposes of this Section, "urban district" does | ||
not include any interstate highway as defined by Section | ||
1-133.1 of this Code which includes all highways under the | ||
jurisdiction of the Illinois State Toll Highway Authority. | ||
(b) No person may drive a vehicle upon any highway of this | ||
State at a
speed which is greater than the applicable statutory | ||
maximum speed limit
established by paragraphs (c), (d), (e), | ||
(f) or (g) of this Section, by
Section 11-605 or by a | ||
regulation or ordinance made under this Chapter.
| ||
(c) Unless some other speed restriction is established | ||
under this
Chapter, the maximum speed limit in an urban | ||
district for all vehicles is:
| ||
1. 30 miles per hour; and
| ||
2. 15 miles per hour in an alley.
| ||
(d) Unless some other speed restriction is established | ||
under this Chapter,
the maximum speed limit outside an urban | ||
district for any vehicle is (1) 65 miles per hour for all or | ||
part of highways that are designated by
the Department, have at |
least 4 lanes of traffic, and have a separation between
the | ||
roadways moving in opposite directions and (2) 55 miles per | ||
hour for all
other highways, roads, and streets.
| ||
(d-1) Unless some other speed restriction is established | ||
under this Chapter,
the maximum speed limit outside an urban | ||
district for any vehicle is (1) 70 miles per hour on any | ||
interstate highway as defined by Section 1-133.1 of this Code | ||
which includes all highways under the jurisdiction of the | ||
Illinois State Toll Highway Authority; (2) 65 miles per hour | ||
for all or part of highways that are designated by the | ||
Department, have at least 4 lanes of traffic, and have a | ||
separation between the roadways moving in opposite directions; | ||
and (3) 55 miles per hour for all other highways, roads, and | ||
streets. The counties of Cook, DuPage, Kane, Lake, Madison, | ||
McHenry, St. Clair, and Will may adopt ordinances setting a | ||
maximum speed limit on highways, roads, and streets that is | ||
lower than the limits established by this Section. | ||
(e) In the counties of Cook, DuPage, Kane, Lake, McHenry, | ||
and Will, unless some lesser speed restriction is established | ||
under
this
Chapter, the maximum speed limit outside an urban | ||
district for a second
division vehicle designed or used for the | ||
carrying of a gross weight of
8,001 pounds or more (including | ||
the weight of the vehicle and
maximum load) is 60 miles per | ||
hour on any interstate highway as defined by Section 1-133.1 of | ||
this Code and
55 miles per hour on all other highways, roads, | ||
and streets.
|
(e-1) (Blank). | ||
(f) Unless some other speed restriction is established | ||
under this Chapter,
the maximum speed limit outside an urban | ||
district for a bus is:
| ||
1. 65 miles per hour upon any highway which has at | ||
least 4 lanes of
traffic
and of which the roadways for | ||
traffic moving in opposite directions are
separated by a | ||
strip of ground which is not surfaced or suitable for | ||
vehicular
traffic, except that the maximum speed limit for | ||
a bus on all highways,
roads, or streets not under the | ||
jurisdiction of the Department or the Illinois
State Toll | ||
Highway Authority
is 55 miles per hour;
| ||
1.5. 70 miles per hour upon any interstate highway as | ||
defined by Section 1-133.1 of this Code outside the | ||
counties of Cook, DuPage, Kane, Lake, McHenry, and Will; | ||
and | ||
2. 55 miles per hour on any other highway.
| ||
(g) (Blank).
| ||
(Source: P.A. 97-202, eff. 1-1-12; 98-511, eff. 1-1-14; | ||
98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; revised 12-10-14.)
| ||
(625 ILCS 5/11-709.2) | ||
Sec. 11-709.2. Bus on shoulder program. | ||
(a) The use of specifically designated shoulders of | ||
roadways by transit buses may be authorized by the Department | ||
in cooperation with the Regional Transportation Authority and |
the Suburban Bus Division of the Regional Transportation | ||
Authority. The Department shall prescribe by rule which transit | ||
buses are authorized to operate on shoulders, as well as times | ||
and locations. The Department may erect signage to indicate | ||
times and locations of designated shoulder usage. | ||
(b) (Blank). | ||
(c) (Blank) Transportation .
| ||
(Source: P.A. 97-292, eff. 8-11-11; 98-756, eff. 7-16-14; | ||
98-871, eff. 8-11-14; revised 10-1-147.)
| ||
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||
Sec. 12-215. Oscillating, rotating or flashing lights on | ||
motor vehicles. Except as otherwise provided in this Code:
| ||
(a) The use of red or white oscillating, rotating or | ||
flashing lights,
whether lighted or unlighted, is prohibited | ||
except on:
| ||
1. Law enforcement vehicles of State, Federal or
local | ||
authorities;
| ||
2. A vehicle operated by a police officer or county | ||
coroner
and designated or authorized by local authorities, | ||
in writing, as a law
enforcement vehicle; however, such | ||
designation or authorization must
be carried in the | ||
vehicle;
| ||
2.1. A vehicle operated by a fire chief who has | ||
completed an emergency vehicle operation training course | ||
approved by the Office of the State Fire Marshal and |
designated or authorized by local authorities, in writing, | ||
as a fire department, fire protection district, or township | ||
fire department vehicle; however, the designation or | ||
authorization must
be carried in the vehicle, and the | ||
lights may be visible or activated only when responding to | ||
a bona fide emergency;
| ||
3. Vehicles of local fire departments and State or | ||
federal
firefighting vehicles;
| ||
4. Vehicles which are designed and used exclusively as | ||
ambulances
or rescue vehicles; furthermore, such lights | ||
shall not be lighted except
when responding to an emergency | ||
call for and while actually conveying the
sick or injured;
| ||
5. Tow trucks licensed in a state that requires such | ||
lights;
furthermore, such lights shall not be lighted on | ||
any such tow truck while the
tow truck is
operating in the | ||
State of Illinois;
| ||
6. Vehicles of the Illinois Emergency Management | ||
Agency, vehicles of the Office of the Illinois State Fire | ||
Marshal, vehicles of the Illinois Department of Public | ||
Health, vehicles of
the
Illinois Department of | ||
Corrections, and vehicles of the Illinois Department of | ||
Juvenile Justice;
| ||
7. Vehicles operated by a local or county emergency | ||
management
services agency as defined in the Illinois | ||
Emergency
Management Agency Act;
| ||
8. School buses operating alternately flashing head |
lamps as permitted
under Section 12-805 of this Code;
| ||
9. Vehicles that are equipped and used exclusively as | ||
organ transplant
vehicles when used in combination with | ||
blue oscillating, rotating, or flashing
lights; | ||
furthermore, these lights shall be lighted only when the | ||
transportation
is declared an emergency by a member of the | ||
transplant team or a representative
of the organ | ||
procurement organization; | ||
10. Vehicles of the Illinois Department of Natural | ||
Resources that are used for mine rescue and explosives | ||
emergency response; and | ||
11. Vehicles of the Illinois Department of | ||
Transportation identified as Emergency Traffic Patrol; the | ||
lights shall not be lighted except when responding to an | ||
emergency call or when parked or stationary while engaged | ||
in motor vehicle assistance or at the scene of the | ||
emergency; and | ||
12. Vehicles of the Illinois State Toll Highway
| ||
Authority identified as Highway Emergency Lane Patrol; the | ||
lights shall not be lighted except when responding to an | ||
emergency call or when parked or stationary while engaged | ||
in motor vehicle assistance or at the scene of the | ||
emergency. | ||
(b) The use of amber oscillating, rotating or flashing | ||
lights, whether
lighted or unlighted, is prohibited except on:
| ||
1. Second division vehicles designed and used for |
towing or hoisting
vehicles; furthermore, such lights | ||
shall not be lighted except as
required in
this paragraph | ||
1; such lights shall be lighted
when such vehicles are | ||
actually being
used at the scene of an accident or
| ||
disablement; if the towing vehicle is equipped with a flat | ||
bed that
supports all wheels of the vehicle being | ||
transported, the lights shall not be
lighted while the | ||
vehicle is engaged in towing on a highway; if the towing
| ||
vehicle is not equipped with a flat bed that supports all | ||
wheels of a vehicle
being transported, the lights shall be | ||
lighted while the
towing
vehicle is engaged in towing on a | ||
highway during all
times when the use
of headlights is | ||
required under Section 12-201 of this Code; in addition, | ||
these vehicles may use white oscillating, rotating, or | ||
flashing lights in combination with amber oscillating, | ||
rotating, or flashing lights as provided in this paragraph;
| ||
2. Motor vehicles or equipment of the State of | ||
Illinois, the Illinois State Toll Highway Authority, local | ||
authorities
and contractors; furthermore, such lights | ||
shall not be lighted except while
such vehicles are engaged | ||
in maintenance or construction operations within
the | ||
limits of construction projects;
| ||
3. Vehicles or equipment used by engineering or survey | ||
crews;
furthermore, such lights shall not be lighted except | ||
while such vehicles
are actually engaged in work on a | ||
highway;
|
4. Vehicles of public utilities, municipalities, or | ||
other
construction, maintenance or automotive service | ||
vehicles except that such
lights shall be lighted only as a | ||
means for indicating the presence of a
vehicular traffic | ||
hazard requiring unusual care in approaching, overtaking
| ||
or passing while such vehicles are engaged in maintenance, | ||
service or
construction on a highway;
| ||
5. Oversized vehicle or load; however, such lights | ||
shall only be lighted
when moving under permit issued by | ||
the Department under Section 15-301
of this Code;
| ||
6. The front and rear of motorized equipment owned and | ||
operated by the
State of Illinois or any political | ||
subdivision thereof, which is designed
and used for removal | ||
of snow and ice from highways;
| ||
6.1. The front and rear of motorized equipment or | ||
vehicles that (i) are not owned by the State of Illinois or | ||
any political subdivision of the State, (ii) are designed | ||
and used for removal of snow and ice from highways and | ||
parking lots, and (iii) are equipped with a snow plow that | ||
is 12 feet in width; these lights may not be lighted except | ||
when the motorized equipment or vehicle is actually being | ||
used for those purposes on behalf of a unit of government;
| ||
7. Fleet safety vehicles registered in another state, | ||
furthermore, such
lights shall not be lighted except as | ||
provided for in Section 12-212 of
this Code;
| ||
8. Such other vehicles as may be authorized by local |
authorities;
| ||
9. Law enforcement vehicles of State or local | ||
authorities when used in
combination with red oscillating, | ||
rotating or flashing lights;
| ||
9.5. Propane delivery trucks;
| ||
10. Vehicles used for collecting or delivering mail for | ||
the
United States Postal Service provided that such lights | ||
shall not be lighted
except when such vehicles are actually | ||
being used for such purposes;
| ||
10.5. Vehicles of the Office of the Illinois State Fire | ||
Marshal, provided that such lights shall not be lighted | ||
except for when such vehicles are engaged in work for the | ||
Office of the Illinois State Fire Marshal; | ||
11. Any vehicle displaying a slow-moving vehicle | ||
emblem as
provided in Section 12-205.1;
| ||
12. All trucks equipped with self-compactors or | ||
roll-off hoists and
roll-on containers for garbage or | ||
refuse hauling. Such lights shall not be
lighted except | ||
when such vehicles are actually being used for such | ||
purposes;
| ||
13. Vehicles used by a security company, alarm | ||
responder, control
agency, or the Illinois Department of | ||
Corrections;
| ||
14. Security vehicles of the Department of Human | ||
Services; however, the
lights shall not be lighted except | ||
when being used for security related
purposes under the |
direction of the superintendent of the facility where the
| ||
vehicle is located; and
| ||
15. Vehicles of union representatives, except that the | ||
lights shall be
lighted only while the vehicle is within | ||
the limits of a construction
project.
| ||
(c) The use of blue oscillating, rotating or flashing | ||
lights, whether
lighted or unlighted, is prohibited except on:
| ||
1. Rescue squad vehicles not owned by a fire department | ||
and
vehicles owned or operated by a:
| ||
voluntary firefighter;
| ||
paid firefighter;
| ||
part-paid firefighter;
| ||
call firefighter;
| ||
member of the board of trustees of a fire | ||
protection district;
| ||
paid or unpaid member of a rescue squad;
| ||
paid or unpaid member of a voluntary ambulance | ||
unit; or
| ||
paid or unpaid members of a local or county | ||
emergency management
services agency as defined in the | ||
Illinois Emergency Management Agency Act,
designated | ||
or authorized by local authorities, in writing, and | ||
carrying that
designation or authorization in the | ||
vehicle.
| ||
However, such lights are not to be lighted except when | ||
responding to a
bona fide emergency or when parked or |
stationary at the scene of a fire, rescue call, ambulance | ||
call, or motor vehicle accident.
| ||
Any person using these lights in accordance with this | ||
subdivision (c)1 must carry on his or her person an | ||
identification card or letter identifying the bona fide | ||
member of a fire department, fire protection district, | ||
rescue squad, ambulance unit, or emergency management | ||
services agency that owns or operates that vehicle. The | ||
card or letter must include: | ||
(A) the name of the fire department, fire | ||
protection district, rescue squad, ambulance unit, or | ||
emergency management services agency; | ||
(B) the member's position within the fire | ||
department, fire protection district, rescue squad, | ||
ambulance unit, or emergency management services | ||
agency; | ||
(C) the member's term of service; and | ||
(D) the name of a person within the fire | ||
department, fire protection district, rescue squad, | ||
ambulance unit, or emergency management services | ||
agency to contact to verify the information provided.
| ||
2. Police department vehicles in cities having a | ||
population of 500,000
or more inhabitants.
| ||
3. Law enforcement vehicles of State or local | ||
authorities when used in
combination with red oscillating, | ||
rotating or flashing lights.
|
4. Vehicles of local fire departments and State or | ||
federal
firefighting vehicles when used in combination | ||
with red oscillating,
rotating or flashing lights.
| ||
5. Vehicles which are designed and used exclusively as | ||
ambulances or
rescue vehicles when used in combination with | ||
red oscillating, rotating or
flashing lights; furthermore, | ||
such lights shall not be lighted except when
responding to | ||
an emergency call.
| ||
6. Vehicles that are equipped and used exclusively as | ||
organ transport
vehicles when used in combination with red | ||
oscillating, rotating, or flashing
lights; furthermore, | ||
these lights shall only be lighted when the transportation
| ||
is declared an emergency by a member of the transplant team | ||
or a
representative of the organ procurement organization.
| ||
7. Vehicles of the Illinois Emergency Management | ||
Agency, vehicles of the Office of the Illinois State Fire | ||
Marshal, vehicles of the Illinois Department of Public | ||
Health, vehicles of
the
Illinois Department of | ||
Corrections, and vehicles of the Illinois Department of | ||
Juvenile Justice, when used in combination with red | ||
oscillating,
rotating, or flashing lights.
| ||
8. Vehicles operated by a local or county emergency | ||
management
services agency as defined in the Illinois | ||
Emergency Management Agency
Act, when used in combination | ||
with red oscillating, rotating, or
flashing lights.
| ||
9. Vehicles of the Illinois Department of Natural |
Resources that are used for mine rescue and explosives | ||
emergency response, when used in combination with red | ||
oscillating,
rotating, or flashing lights. | ||
(c-1) In addition to the blue oscillating, rotating, or | ||
flashing
lights permitted under subsection (c), and | ||
notwithstanding subsection
(a), a vehicle operated by a | ||
voluntary firefighter, a voluntary member
of a rescue squad, or | ||
a member of a voluntary ambulance unit may be
equipped with | ||
flashing white headlights and blue grill lights, which may
be | ||
used only in responding to an emergency call or when parked or | ||
stationary at the scene of a fire, rescue call, ambulance call, | ||
or motor vehicle accident.
| ||
(c-2) In addition to the blue oscillating, rotating, or | ||
flashing
lights permitted under subsection (c), and | ||
notwithstanding subsection (a),
a vehicle operated by a paid or | ||
unpaid member of a local or county
emergency management | ||
services agency as defined in the Illinois Emergency
Management | ||
Agency Act, may be equipped with white oscillating, rotating,
| ||
or flashing lights to be used in combination with blue | ||
oscillating, rotating,
or flashing lights, if authorization by | ||
local authorities is in
writing and carried in the vehicle.
| ||
(d) The use of a combination of amber and white | ||
oscillating, rotating or
flashing lights, whether lighted or | ||
unlighted, is prohibited except on second division vehicles | ||
designed and used for towing or hoisting
vehicles or motor
| ||
vehicles or equipment of the State of Illinois, local |
authorities, contractors,
and union representatives; | ||
furthermore, such lights shall
not be lighted on second | ||
division vehicles designed and used for towing or hoisting
| ||
vehicles or vehicles of the State of Illinois, local | ||
authorities, and
contractors except while such vehicles are | ||
engaged in a tow operation, highway maintenance, or
| ||
construction operations within the limits of highway | ||
construction projects, and
shall not be lighted on the vehicles | ||
of union representatives except when those
vehicles are within | ||
the limits of a construction project.
| ||
(e) All oscillating, rotating or flashing lights referred | ||
to in this Section
shall be of sufficient intensity, when | ||
illuminated, to be visible at 500
feet in normal sunlight.
| ||
(f) Nothing in this Section shall prohibit a manufacturer | ||
of oscillating,
rotating or flashing lights or his | ||
representative or authorized vendor from temporarily mounting
| ||
such lights on a vehicle for demonstration purposes only. If | ||
the lights are not covered while the vehicle is operated upon a | ||
highway, the vehicle shall display signage indicating that the | ||
vehicle is out of service or not an emergency vehicle. The | ||
signage shall be displayed on all sides of the vehicle in | ||
letters at least 2 inches tall and one-half inch wide. A | ||
vehicle authorized to have oscillating,
rotating, or flashing | ||
lights mounted for demonstration purposes may not activate the | ||
lights while the vehicle is operated upon a highway.
| ||
(g) Any person violating the provisions of subsections (a), |
(b), (c) or (d)
of this Section who without lawful authority | ||
stops or detains or attempts
to stop or detain another person | ||
shall be guilty of a Class 2 felony.
| ||
(h) Except as provided in subsection (g) above, any person | ||
violating the
provisions of subsections (a) or (c) of this | ||
Section shall be guilty of a
Class A misdemeanor.
| ||
(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, | ||
eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13; | ||
98-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff. | ||
7-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)
| ||
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| ||
Sec. 15-111. Wheel and axle loads and gross weights.
| ||
(a) No vehicle or combination of vehicles
with pneumatic | ||
tires may be operated, unladen or with load,
when the total | ||
weight on the road surface
exceeds the following: 20,000 pounds | ||
on a single axle; 34,000 pounds on a tandem axle with
no axle | ||
within the tandem exceeding 20,000 pounds; 80,000
pounds gross | ||
weight for vehicle combinations of 5 or more axles;
or a total | ||
weight on a group of 2 or more consecutive axles in excess of | ||
that
weight produced by the application of the following | ||
formula: W = 500 times the
sum of (LN divided by N-1) + 12N + | ||
36, where "W" equals overall total weight on
any group of 2 or | ||
more consecutive axles to the nearest 500 pounds, "L" equals
| ||
the
distance measured to the nearest foot between extremes of | ||
any group of 2 or
more consecutive axles, and "N" equals the |
number of axles in the group under
consideration.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
The above formula when expressed in tabular form results in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
allowable loads
as follows:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Distance measured
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
to the nearest
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
foot between the
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
extremes of any Maximum weight in pounds
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
group of 2 or of any group of
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
more consecutive 2 or more consecutive axles
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
axles
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
*If the distance between 2 axles is 96 inches or less, the 2 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
axles are
tandem axles and the maximum total weight may not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
exceed 34,000 pounds,
notwithstanding the higher limit | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
resulting from the application of the formula.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Vehicles not in a combination having more than 4 axles may | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
not exceed the
weight in the table in this subsection (a) for 4 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
axles measured between the
extreme axles of the
vehicle.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Vehicles in a combination having more than 6 axles may not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
exceed the weight
in the table in this subsection (a) for 6 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
axles measured between the extreme
axles of the
combination.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Local authorities, with respect
to streets and highways | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
under their jurisdiction, without additional
fees, may also by |
ordinance or resolution allow the weight limitations of this
| ||
subsection, provided the maximum gross weight on any one axle | ||
shall not exceed
20,000 pounds and the maximum total weight on | ||
any tandem axle
shall not exceed
34,000 pounds, on designated | ||
highways when appropriate regulatory signs giving
notice are | ||
erected upon the street or highway or portion of any street or
| ||
highway affected by the ordinance or resolution.
| ||
The following are exceptions to the above formula:
| ||
(1) Vehicles for which a different limit is established | ||
and posted in
accordance with Section 15-316 of this Code.
| ||
(2) Vehicles for which the Department of | ||
Transportation and local
authorities issue overweight
| ||
permits under authority of Section 15-301 of this Code. | ||
These vehicles are
not subject
to the bridge formula.
| ||
(3) Cities having a population of more than 50,000 may | ||
permit by
ordinance axle loads on 2-axle 2 axle motor | ||
vehicles 33 1/2% above those
provided for herein, but the | ||
increase shall not become effective until the
city has | ||
officially notified the Department of the passage of the
| ||
ordinance and shall not apply to those vehicles when | ||
outside of the limits
of the city, nor shall the gross | ||
weight of any 2-axle 2 axle motor vehicle
operating over | ||
any street of the city exceed 40,000 pounds.
| ||
(4) Weight limitations shall not apply to vehicles | ||
(including loads)
operated by a public utility when | ||
transporting equipment required for
emergency repair of |
public utility facilities or properties or water wells.
| ||
(4.5) A 3-axle or 4-axle 3 or 4 axle vehicle (including | ||
when laden) operated or hired by a municipality within | ||
Cook, Lake, McHenry, Kane, DuPage, or Will county being | ||
operated for the purpose of performing emergency sewer | ||
repair that would be subject to a weight limitation less | ||
than 66,000 pounds under the formula in this subsection (a) | ||
shall have a weight limitation of 66,000 pounds or the | ||
vehicle's gross vehicle weight rating, whichever is less. | ||
This paragraph (4.5) does not apply to vehicles being | ||
operated on the National System of Interstate and Defense | ||
Highways, or to vehicles being operated on bridges or other | ||
elevated structures constituting a part of a highway.
| ||
(5) Two consecutive sets of tandem axles may carry a | ||
total weight of
34,000
pounds each if the overall distance | ||
between the first and last axles of the
consecutive sets of | ||
tandem axles is 36 feet or more, notwithstanding the lower | ||
limit resulting from the application of the above formula.
| ||
(6) A truck, not in combination and used exclusively | ||
for the collection of
rendering materials,
may, when laden, | ||
transmit upon the road surface,
except when on part of the | ||
National System of Interstate and Defense
Highways, the
| ||
following maximum weights:
22,000 pounds on a single axle; | ||
40,000 pounds on a tandem axle.
| ||
(7) A truck not in combination, equipped with a self | ||
compactor or an
industrial roll-off hoist and roll-off |
container, used exclusively for garbage,
refuse, or | ||
recycling operations, may, when laden, transmit upon the | ||
road surface,
except when on part of the National System of | ||
Interstate and Defense
Highways, the following maximum | ||
weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||
tandem axle; 40,000 pounds gross weight on a
2-axle | ||
vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| ||
This vehicle is not subject to the bridge formula.
| ||
(7.5) A 3-axle rear discharge truck mixer registered as | ||
a Special Hauling Vehicle, used exclusively for the mixing | ||
and transportation of concrete in the plastic state, may, | ||
when laden, transmit upon the road surface, except when on | ||
part of the National System of Interstate and Defense | ||
Highways, the following maximum weights: 22,000 pounds on | ||
single axle; 40,000 pounds on a tandem axle; 54,000 pounds | ||
gross weight on a 3-axle vehicle. This vehicle is not | ||
subject to the bridge formula. | ||
(8) Except as provided in paragraph (7.5) of this | ||
subsection (a), tandem axles on a 3-axle truck registered | ||
as a Special Hauling
Vehicle, manufactured prior to or in | ||
the model year of 2024 and
first
registered in Illinois | ||
prior to January 1, 2025, with a distance
greater than
72 | ||
inches but not more than 96 inches between any series of 2 | ||
axles, is
allowed a combined weight on the series not to | ||
exceed 36,000 pounds and neither
axle of the series may | ||
exceed 20,000 pounds. Any vehicle of this type
manufactured
|
after the model year of 2024 or first registered in | ||
Illinois after
December 31,
2024 may not exceed a combined | ||
weight of 34,000 pounds through the
series of
2 axles and | ||
neither axle of the series may exceed 20,000 pounds. | ||
A 3-axle combination sewer cleaning jetting vacuum | ||
truck registered as a Special Hauling
Vehicle, used | ||
exclusively for the transportation of
non-hazardous solid | ||
waste, manufactured before or in the
model year of 2014, | ||
first registered in Illinois before
January 1, 2015, may, | ||
when laden, transmit upon the road
surface, except when on | ||
part of the National System of
Interstate and Defense | ||
Highways, the following maximum
weights: 22,000 pounds on a | ||
single axle; 40,000 pounds on a
tandem axle; 54,000 pounds | ||
gross weight on a 3-axle
vehicle. This vehicle is not | ||
subject to the bridge formula. | ||
(9) A 4-axle truck mixer registered as a Special | ||
Hauling Vehicle, used exclusively for the mixing and | ||
transportation of concrete in the plastic state, and not | ||
operated on a highway that is part of the National System | ||
of Interstate Highways, is allowed the following maximum | ||
weights: 20,000 pounds on any single axle; 36,000 pounds on | ||
a series of axles greater than 72 inches but not more than | ||
96 inches; and 34,000 pounds on any series of 2 axles | ||
greater than 40 inches but not more than 72 inches. The | ||
gross weight of this vehicle may not exceed the weights | ||
allowed by the bridge formula for 4 axles. The bridge |
formula does not apply to any series of 3 axles while the | ||
vehicle is transporting concrete in the plastic state, but | ||
no axle or tandem axle of the series may exceed the maximum | ||
weight permitted under this paragraph (9) of subsection | ||
(a). | ||
(10) Combinations of vehicles, registered as Special | ||
Hauling Vehicles that
include a semitrailer manufactured | ||
prior to or in the model year of 2024, and
registered in | ||
Illinois prior to January 1, 2025, having 5 axles
with a
| ||
distance of 42 feet or less between extreme axles, may not | ||
exceed the
following maximum weights: 20,000 pounds on a | ||
single axle; 34,000 pounds on a
tandem axle; and 72,000 | ||
pounds gross weight. This combination of vehicles is
not | ||
subject
to the bridge formula. For all those combinations | ||
of vehicles that include a
semitrailer manufactured after | ||
the effective date of P.A. 92-0417, the overall distance | ||
between the first and last
axles of the 2 sets of
tandems | ||
must be 18 feet 6 inches or
more. Any combination of | ||
vehicles that has had its cargo
container replaced in its | ||
entirety after December 31, 2024 may not
exceed
the weights | ||
allowed by the bridge formula. | ||
(11) The maximum weight allowed on a vehicle with | ||
crawler type tracks is 40,000 pounds. | ||
(12) A combination of vehicles, including a tow truck | ||
and a disabled vehicle
or disabled combination of vehicles, | ||
that exceeds the weight restriction
imposed by this Code, |
may be operated on a public highway in this State
provided | ||
that neither the disabled vehicle nor any vehicle being | ||
towed nor
the tow truck itself shall exceed the weight | ||
limitations permitted
under this Chapter. During the | ||
towing operation, neither the tow truck nor
the vehicle | ||
combination shall exceed
24,000 pounds on a single
rear | ||
axle and
44,000 pounds on a tandem rear axle, provided the | ||
towing vehicle: | ||
(i) is specifically designed as a tow truck having | ||
a gross vehicle
weight
rating of at least 18,000 pounds | ||
and is equipped with air brakes, provided that
air
| ||
brakes are required only if the towing vehicle is | ||
towing a vehicle,
semitrailer, or tractor-trailer | ||
combination that is equipped with air brakes; | ||
(ii) is equipped with flashing, rotating, or | ||
oscillating amber lights,
visible for at least 500 feet | ||
in all directions; | ||
(iii) is capable of utilizing the lighting and | ||
braking systems of the
disabled vehicle or combination | ||
of vehicles; and | ||
(iv) does not engage in a tow exceeding 20 miles | ||
from the initial point of
wreck or disablement. Any | ||
additional movement of the vehicles may occur only
upon | ||
issuance of authorization for that movement under the | ||
provisions of
Sections 15-301 through 15-319 of this | ||
Code. The towing vehicle, however,
may tow any disabled |
vehicle to a point where repairs are actually to
occur. | ||
This movement shall be valid only on State routes.
The | ||
tower must abide by posted bridge weight
limits. | ||
(13) Upon and during a declaration of an emergency | ||
propane supply disaster by the Governor under Section 7 of | ||
the Illinois Emergency Management Agency Act: | ||
(i) a truck not in combination, equipped with a | ||
cargo tank, used exclusively for the transportation of | ||
propane or liquefied petroleum gas may, when laden, | ||
transmit upon the road surface, except when on part of | ||
the National System of Interstate and Defense | ||
Highways, the following maximum weights: 22,000 pounds | ||
on a single axle; 40,000 pounds on a tandem axle; | ||
40,000 pounds gross weight on a 2-axle vehicle; 54,000 | ||
pounds gross weight on a 3-axle vehicle; and | ||
(ii) a truck when in combination with a trailer | ||
equipped with a cargo tank used exclusively for the | ||
transportation of propane or liquefied petroleum gas | ||
may, when laden, transmit upon the road surface, except | ||
when on part of the National System of Interstate and | ||
Defense Highways, the following maximum weights: | ||
22,000 pounds on a single axle; 40,000 pounds on a | ||
tandem axle; 90,000 pounds gross weight on a 5-axle 5 | ||
or 6-axle vehicle. | ||
Vehicles operating under this paragraph (13) are not | ||
subject to the bridge formula. |
(14) (13) A vehicle or combination of vehicles that | ||
uses natural gas or propane gas as a motor fuel may exceed | ||
the above weight limitations by 2,000 pounds , except on | ||
interstate highways as defined by Section 1-133.1 of this | ||
Code. This paragraph (14) (13) shall not allow a vehicle to | ||
exceed any posted weight limit on a highway or structure. | ||
Gross weight limits shall not apply to the combination of | ||
the tow truck
and vehicles being towed. The tow truck license | ||
plate must cover the
operating empty weight of the tow truck | ||
only. The weight
of each vehicle being towed shall be covered | ||
by a valid license plate issued to
the owner or operator of the | ||
vehicle being towed and displayed on that vehicle.
If no valid | ||
plate issued to the owner or operator of that vehicle is | ||
displayed
on that vehicle, or the plate displayed on that | ||
vehicle does not cover the
weight of the vehicle, the weight of | ||
the vehicle shall be covered by
the third tow truck plate | ||
issued to the owner or operator of the tow truck and
| ||
temporarily affixed to the vehicle being towed. If a roll-back | ||
carrier is registered and being used as a tow truck, however, | ||
the license plate or plates for the tow truck must cover the | ||
gross vehicle weight, including any load carried on the bed of | ||
the roll-back carrier. | ||
The Department may by rule or regulation prescribe | ||
additional requirements.
However, nothing in this Code shall | ||
prohibit a tow truck under
instructions of a police officer | ||
from legally clearing a disabled vehicle,
that may be in |
violation of weight limitations of this Chapter, from the
| ||
roadway to the berm or shoulder of the highway.
If in the | ||
opinion of the police officer that location is unsafe, the | ||
officer
is authorized to have the disabled vehicle towed to the | ||
nearest place of
safety. | ||
For the purpose of this subsection, gross vehicle weight | ||
rating, or
GVWR, means the value specified by the manufacturer | ||
as the loaded
weight of the tow truck. | ||
(b) As used in this Section, "recycling haul" or "recycling | ||
operation" means the hauling of non-hazardous, non-special, | ||
non-putrescible materials, such as paper, glass, cans, or | ||
plastic, for subsequent use in the secondary materials market. | ||
(c) No vehicle or combination of vehicles equipped with | ||
pneumatic tires
shall be operated, unladen or with load, upon | ||
the highways of this State in
violation of the provisions of | ||
any permit issued under the provisions of
Sections 15-301 | ||
through 15-319 of this Chapter. | ||
(d) No vehicle or combination of vehicles equipped with | ||
other than pneumatic
tires may be operated, unladen or with | ||
load, upon the highways of this State
when the gross weight on | ||
the road surface through any wheel exceeds 800
pounds per inch | ||
width of tire tread or when the gross weight on the road
| ||
surface through any axle exceeds 16,000 pounds.
| ||
(e) No person shall operate a vehicle or combination of | ||
vehicles over
a bridge or other elevated structure constituting | ||
part of a highway with a
gross weight that is greater than the |
maximum weight permitted by the
Department, when the structure | ||
is sign posted as provided in this Section. | ||
(f) The Department upon request from any local authority | ||
shall, or upon
its own initiative may, conduct an investigation | ||
of any bridge or other
elevated structure constituting a part | ||
of a highway, and if it finds that
the structure cannot with | ||
safety to itself withstand the weight of vehicles
otherwise | ||
permissible under this Code the Department shall determine and
| ||
declare the maximum weight of vehicles that the structures can | ||
withstand,
and shall cause or permit suitable signs stating | ||
maximum weight to be
erected and maintained before each end of | ||
the structure. No person shall
operate a vehicle or combination | ||
of vehicles over any structure with a
gross weight that is | ||
greater than the posted maximum weight.
| ||
(g) Upon the trial of any person charged with a violation | ||
of subsection
(e) or (f) of this Section, proof of the | ||
determination of the maximum
allowable weight by the Department | ||
and the existence of the signs,
constitutes conclusive evidence | ||
of the maximum weight that can be
maintained with safety to the | ||
bridge or structure.
| ||
(Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410, | ||
eff. 8-16-13; 98-756, eff. 7-16-14; 98-942, eff. 1-1-15; | ||
98-956, eff. 1-1-15; 98-1029, eff. 1-1-15; revised 10-2-14.)
| ||
Section 470. The Boat Registration and Safety Act is | ||
amended by changing Section 5-18 as follows:
|
(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
| ||
Sec. 5-18.
(a) Beginning on January 1, 2016, no person born | ||
on or after January 1, 1998, unless exempted by subsection (i), | ||
shall operate a motorboat with over 10 horse power unless that | ||
person has a valid Boating Safety Certificate issued by the | ||
Department of Natural Resources or an entity or organization | ||
recognized and approved by the Department. | ||
(b) No person under 10 years of age may operate a
| ||
motorboat. | ||
(c) Prior to January 1, 2016, persons at least 10 years of | ||
age and less than 12 years of age
may operate a motorboat with | ||
over 10 horse power only if they are accompanied on the | ||
motorboat and
under the direct control of a parent or guardian | ||
or a person at least 18
years of age designated by a parent or | ||
guardian. Beginning on January 1, 2016, persons at least 10 | ||
years of age and less than 12 years of age may operate a | ||
motorboat with over 10 horse power only if the person is under | ||
the direct on-board supervision of a parent or guardian who | ||
meets the requirements of subsection (a) or a person at least | ||
18 years of age who meets the requirements of subsection (a) | ||
and is designated by a parent or guardian. | ||
(d) Prior to January 1, 2016, persons at least 12 years
of | ||
age and less than 18 years of age may operate a motorboat with | ||
over 10 horse power only if they
are accompanied on the | ||
motorboat and under the direct control of a parent
or guardian |
or a person at least 18 years of age designated by a parent or
| ||
guardian, or the motorboat operator is in possession of a | ||
Boating Safety
Certificate issued by the Department of Natural | ||
Resources,
Division of Law Enforcement, authorizing the holder | ||
to operate motorboats. Beginning on January 1, 2016, persons at | ||
least 12 years and less than 18 years of age may operate a | ||
motorboat with over 10 horse power only if the person meets the | ||
requirements of subsection (a) or is under the direct on-board | ||
supervision of a parent or guardian who meets the requirements | ||
of subsection (a) or a person at least 18 years of age who | ||
meets the requirements of subsection (a) and is designated by a | ||
parent or guardian.
| ||
(e) Beginning January 1, 2016, the owner of a motorboat or | ||
a person given supervisory authority over a motorboat shall not | ||
permit a motorboat with over 10 horse power to be operated by a | ||
person who does not meet the Boating Safety Certificate | ||
requirements of this Section. | ||
(f) Licensed boat liveries shall offer abbreviated | ||
operating and safety instruction covering core boat safety | ||
rules to all renters, unless the renter can demonstrate | ||
compliance with the Illinois Boating Safety Certificate | ||
requirements of this Section, or is exempt under subsection (i) | ||
of this Section. A person who completes abbreviated operating | ||
and safety instruction may operate a motorboat rented from the | ||
livery providing the abbreviated operating and safety | ||
instruction without having a Boating Safety Certificate for up |
to one year from the date of instruction. The Department shall | ||
adopt rules to implement this subsection. | ||
(g) Violations. | ||
(1) A person who is operating a motorboat with over 10 | ||
horse power and is required to have a valid Boating Safety | ||
Certificate under the provisions of this Section shall | ||
present the certificate to a law enforcement officer upon | ||
request. Failure of the person to present the certificate | ||
upon request is a petty offense. | ||
(2) A person who provides false or fictitious | ||
information in an application for a Boating Safety | ||
Certificate; or who alters, forges, counterfeits, or | ||
falsifies a Boating Safety Certificate; or who possesses a | ||
Boating Safety Certificate that has been altered, forged, | ||
counterfeited, or falsified is guilty of a Class A | ||
misdemeanor. | ||
(3) A person who loans or permits his or her their | ||
Boating Safety Certificate to be used by another person ; or | ||
who operates a motorboat with over 10 horse power using a | ||
Boating Safety Certificate that has not been issued to that | ||
person is guilty of a Class A misdemeanor. | ||
(4) A violation Violations of this Section done with | ||
the knowledge of a parent or guardian
shall be deemed a | ||
violation by the parent or guardian and punishable
under | ||
Section 11A-1.
| ||
(h) The Department of Natural Resources shall
establish a |
program of instruction on boating safety, laws, regulations and
| ||
administrative laws, and any other subject matter which might | ||
be related to
the subject of general boat safety. The program | ||
shall be conducted by
instructors certified by the Department | ||
of Natural Resources. The course of instruction for persons | ||
certified to teach
boating safety shall be not less than 8 | ||
hours in length, and the Department
shall have the authority to | ||
revoke the certification of any instructor who
has demonstrated | ||
his inability to conduct courses on the subject matter.
The | ||
Department of Natural Resources shall develop and provide a | ||
method for students to complete the program online. Students | ||
satisfactorily completing a program of not less than 8 hours in
| ||
length shall receive a certificate of safety from the | ||
Department of
Natural Resources. The
Department may cooperate
| ||
with schools, online vendors, private clubs and other | ||
organizations in offering boating
safety courses throughout | ||
the State of Illinois.
| ||
The Department shall issue certificates of boating safety | ||
to persons 10
years of age or older successfully completing the | ||
prescribed course
of instruction and passing such tests as may | ||
be prescribed by the Department.
The Department may charge each | ||
person who enrolls in a course of instruction
a fee not to | ||
exceed $5. If a fee is authorized by the Department, the
| ||
Department shall authorize instructors conducting such courses | ||
meeting
standards established by it to charge for the rental of | ||
facilities or for
the cost of materials utilized in the course. |
Fees retained by the
Department shall be utilized to defray a | ||
part of its expenses to operate
the safety and accident | ||
reporting programs of the Department.
| ||
(i) A Boating Safety Certificate is not required by: | ||
(1) a person who possesses a valid United States Coast | ||
Guard commercial vessel operator's license or a marine | ||
certificate issued by the Canadian government; | ||
(2) a person employed by the United States, this State, | ||
another state, or a subdivision thereof while in | ||
performance of his or her official duties; | ||
(3) a person who is not a resident, is temporarily | ||
using the waters of this State for a period not to exceed | ||
90 days, and meets any applicable boating safety education | ||
requirements of his or her state of residency or possesses | ||
a Canadian Pleasure Craft Operator's Card; | ||
(4) a person who is a resident of this State who has | ||
met the applicable boating safety education requirements | ||
of another state or possesses a Canadian Pleasure Craft | ||
Operator's Card; | ||
(5) a person who has assumed operation of the motorboat | ||
due to the illness or physical impairment of the operator, | ||
and is returning the motorboat or personal watercraft to | ||
shore in order to provide assistance or care for that | ||
operator; | ||
(6) a person who is registered as a commercial | ||
fisherman or a person who is under the onboard direct |
supervision of the commercial fisherman while operating | ||
the commercial fisherman's vessel; | ||
(7) a person who is serving or has qualified as a | ||
surface warfare officer or enlisted surface warfare | ||
specialist in the United States Navy; | ||
(8) a person who has assumed operation of the motorboat | ||
for the purpose of completing a watercraft safety course | ||
approved by the Department, the U.S. Coast Guard, or the | ||
National Association of State Boating Law Administrators; | ||
(9) a person using only an electric motor to propel the | ||
motorboat; | ||
(10) a person operating a motorboat on private | ||
property; or | ||
(11) a person over the age of 12 years who holds a | ||
valid certificate issued by
another state, a province of | ||
the Dominion of
Canada, the United States Coast Guard | ||
Auxiliary or the United States
Power Squadron need not | ||
obtain a certificate from the Department if the
course | ||
content of the program in such other state, province or | ||
organization
substantially meets that established by the | ||
Department under this Section.
A certificate issued by the | ||
Department or by another state, province of the
Dominion of | ||
Canada or approved organization shall not constitute an
| ||
operator's license, but shall certify only that the student | ||
has
successfully passed a course in boating safety | ||
instruction.
|
(j) The Department of Natural Resources shall adopt rules | ||
necessary to implement this Section. The Department of Natural | ||
Resources shall consult and coordinate with the boating public, | ||
professional organizations for recreational boating safety, | ||
and the boating retail, leasing, and dealer business community | ||
in the adoption of these rules.
| ||
(Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
| ||
Section 475. The Clerks of Courts Act is amended by | ||
changing Section 27.6 as follows:
| ||
(705 ILCS 105/27.6)
| ||
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||
96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||
98-658, and 98-1013) | ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section | ||
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||
Corrections, reimbursement for the costs of an emergency
| ||
response as provided under Section 11-501 of the Illinois |
Vehicle Code,
any fees collected for attending a traffic safety | ||
program under paragraph (c)
of Supreme Court Rule 529, any fee | ||
collected on behalf of a State's Attorney
under Section 4-2002 | ||
of the Counties Code or a sheriff under Section 4-5001
of the | ||
Counties Code, or any cost imposed under Section 124A-5 of the | ||
Code of
Criminal Procedure of 1963, for convictions, orders of | ||
supervision, or any
other disposition for a violation of | ||
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||
similar provision of a local ordinance, and any
violation of | ||
the Child Passenger Protection Act, or a similar provision of a
| ||
local ordinance, and except as otherwise provided in this | ||
Section
shall be disbursed
within 60 days after receipt by the | ||
circuit
clerk as follows: 44.5% shall be disbursed to the | ||
entity authorized by law to
receive the fine imposed in the | ||
case; 16.825% shall be disbursed to the State
Treasurer; and | ||
38.675% shall be disbursed to the county's general corporate
| ||
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||
shall be deposited
by the State Treasurer into the Violent | ||
Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||
be deposited into the Drivers Education Fund, and 6.948/17 | ||
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||
deposited into the
Trauma Center Fund from the 16.825% | ||
disbursed to the State Treasurer, 50% shall
be disbursed to the | ||
Department of Public Health and 50% shall be disbursed to
the | ||
Department of Healthcare and Family Services. For fiscal year |
1993, amounts deposited into
the Violent Crime Victims | ||
Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||
Fund, or the Drivers Education Fund shall not exceed 110%
of | ||
the amounts deposited into those funds in fiscal year 1991. Any
| ||
amount that exceeds the 110% limit shall be distributed as | ||
follows: 50%
shall be disbursed to the county's general | ||
corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit | ||
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
| ||
independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, unless those amounts are specifically waived | ||
by the judge. With
respect to money collected by the circuit | ||
clerk as a result of
forfeiture of bail, ex parte judgment or | ||
guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||
clerk shall first deduct and pay amounts
required by Sections | ||
27.3a and 27.3c of this Act. This Section is a denial
and | ||
limitation of home rule powers and functions under subsection | ||
(h) of
Section 6 of Article VII of the Illinois Constitution.
|
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 shall not be considered a part of the
fine for purposes of | ||
any reduction in the fine for time served either before or
| ||
after sentencing. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||
Research Trust Fund.
This additional fee of $5 shall not
be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for
time served either before or after sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act
shall pay an additional fee of $100 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Trauma Center Fund. This | ||
additional fee of $100 shall not
be considered a part of the | ||
fine for purposes of any reduction in the fine for
time served | ||
either before or after sentencing. Not later than March 1 of | ||
each
year the Circuit Clerk shall submit a report of the amount | ||
of funds remitted to
the State Treasurer under this subsection | ||
during the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act,
the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be |
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||
Research Trust Fund. This additional fee of $5
shall not be | ||
considered a part of the fine for purposes of any reduction in | ||
the
fine for time served either before or after sentencing. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012.
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a |
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
| ||
(g) (Blank). | ||
(h) (Blank). | ||
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (j) becomes inoperative on January 1, 2020. | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. |
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and | ||
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty | ||
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 shall not be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for time served either before or after sentencing. | ||
This amount, less 2.5% that shall be used to defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. |
(o) The amounts collected as fines under Sections 10-9, | ||
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||
be collected by the circuit clerk and distributed as provided | ||
under Section 5-9-1.21 of the Unified Code of Corrections in | ||
lieu of any disbursement under subsection (a) of this Section. | ||
(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||
6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) | ||
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||
96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||
98-658, and 98-1013) | ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section | ||
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||
Corrections, reimbursement for the costs of an emergency
| ||
response as provided under Section 11-501 of the Illinois | ||
Vehicle Code,
any fees collected for attending a traffic safety | ||
program under paragraph (c)
of Supreme Court Rule 529, any fee | ||
collected on behalf of a State's Attorney
under Section 4-2002 |
of the Counties Code or a sheriff under Section 4-5001
of the | ||
Counties Code, or any cost imposed under Section 124A-5 of the | ||
Code of
Criminal Procedure of 1963, for convictions, orders of | ||
supervision, or any
other disposition for a violation of | ||
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||
similar provision of a local ordinance, and any
violation of | ||
the Child Passenger Protection Act, or a similar provision of a
| ||
local ordinance, and except as otherwise provided in this | ||
Section
shall be disbursed
within 60 days after receipt by the | ||
circuit
clerk as follows: 44.5% shall be disbursed to the | ||
entity authorized by law to
receive the fine imposed in the | ||
case; 16.825% shall be disbursed to the State
Treasurer; and | ||
38.675% shall be disbursed to the county's general corporate
| ||
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||
shall be deposited
by the State Treasurer into the Violent | ||
Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||
be deposited into the Drivers Education Fund, and 6.948/17 | ||
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||
deposited into the
Trauma Center Fund from the 16.825% | ||
disbursed to the State Treasurer, 50% shall
be disbursed to the | ||
Department of Public Health and 50% shall be disbursed to
the | ||
Department of Healthcare and Family Services. For fiscal year | ||
1993, amounts deposited into
the Violent Crime Victims | ||
Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||
Fund, or the Drivers Education Fund shall not exceed 110%
of |
the amounts deposited into those funds in fiscal year 1991. Any
| ||
amount that exceeds the 110% limit shall be distributed as | ||
follows: 50%
shall be disbursed to the county's general | ||
corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit | ||
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
| ||
independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||
Code, and subsection (a) of Section 5-1101 of the Counties | ||
Code, unless those amounts are specifically waived by the | ||
judge. With
respect to money collected by the circuit clerk as | ||
a result of
forfeiture of bail, ex parte judgment or guilty | ||
plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||
shall first deduct and pay amounts
required by Sections 27.3a | ||
and 27.3c of this Act. Unless a court ordered payment schedule | ||
is implemented or fee requirements are waived pursuant to court | ||
order, the clerk of the court may add to any unpaid fees and | ||
costs a delinquency amount equal to 5% of the unpaid fees that |
remain unpaid after 30 days, 10% of the unpaid fees that remain | ||
unpaid after 60 days, and 15% of the unpaid fees that remain | ||
unpaid after 90 days. Notice to those parties may be made by | ||
signage posting or publication. The additional delinquency | ||
amounts collected under this Section shall be deposited in the | ||
Circuit Court Clerk Operation and Administrative Fund to be | ||
used to defray administrative costs incurred by the circuit | ||
clerk in performing the duties required to collect and disburse | ||
funds. This Section is a denial
and limitation of home rule | ||
powers and functions under subsection (h) of
Section 6 of | ||
Article VII of the Illinois Constitution.
| ||
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 shall not be considered a part of the
fine for purposes of | ||
any reduction in the fine for time served either before or
| ||
after sentencing. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs |
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||
Research Trust Fund.
This additional fee of $5 shall not
be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for
time served either before or after sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act
shall pay an additional fee of $100 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to | ||
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Trauma Center Fund. This | ||
additional fee of $100 shall not
be considered a part of the | ||
fine for purposes of any reduction in the fine for
time served |
either before or after sentencing. Not later than March 1 of | ||
each
year the Circuit Clerk shall submit a report of the amount | ||
of funds remitted to
the State Treasurer under this subsection | ||
during the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act,
the Illinois Controlled Substances | ||
Act, or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||
Research Trust Fund. This additional fee of $5
shall not be | ||
considered a part of the fine for purposes of any reduction in | ||
the
fine for time served either before or after sentencing. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012;
|
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012.
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
| ||
(g) Any person convicted of or pleading guilty to a serious | ||
traffic violation, as defined in Section 1-187.001 of the |
Illinois Vehicle Code, shall pay an additional fee of $35, to | ||
be disbursed as provided in Section 16-104d of that Code. This | ||
subsection (g) becomes inoperative on January 1, 2020. | ||
(h) In all counties having a population of 3,000,000 or | ||
more inhabitants, | ||
(1) A person who is found guilty of or pleads guilty to | ||
violating subsection (a) of Section 11-501 of the Illinois | ||
Vehicle Code, including any person placed on court | ||
supervision for violating subsection (a), shall be fined | ||
$750 as provided for by subsection (f) of Section 11-501.01 | ||
of the Illinois Vehicle Code, payable to the circuit clerk, | ||
who shall distribute the money pursuant to subsection (f) | ||
of Section 11-501.01 of the Illinois Vehicle Code. | ||
(2) When a crime laboratory DUI analysis fee of $150, | ||
provided for by Section 5-9-1.9 of the Unified Code of | ||
Corrections is assessed, it shall be disbursed by the | ||
circuit clerk as provided by subsection (f) of Section | ||
5-9-1.9 of the Unified Code of Corrections. | ||
(3) When a fine for a violation of Section 11-605.1 of | ||
the Illinois Vehicle Code is $250 or greater, the person | ||
who violated that Section shall be charged an additional | ||
$125 as provided for by subsection (e) of Section 11-605.1 | ||
of the Illinois Vehicle Code, which shall be disbursed by | ||
the circuit clerk to a State or county Transportation | ||
Safety Highway Hire-back Fund as provided by subsection (e) | ||
of Section 11-605.1 of the Illinois Vehicle Code. |
(4) When a fine for a violation of subsection (a) of | ||
Section 11-605 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (f) of Section 11-605 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (f) of Section 11-605. | ||
(5) When a fine for a violation of subsection (a) of | ||
Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (c) of Section 11-1002.5 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (c) of Section 11-1002.5 of the | ||
Illinois Vehicle Code. | ||
(6) When a mandatory drug court fee of up to $5 is | ||
assessed as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code, it shall be disbursed by the circuit | ||
clerk as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code. | ||
(7) When a mandatory teen court, peer jury, youth | ||
court, or other youth diversion program fee is assessed as | ||
provided in subsection (e) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (e) of Section 5-1101 of the | ||
Counties Code. |
(8) When a Children's Advocacy Center fee is assessed | ||
pursuant to subsection (f-5) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (f-5) of Section 5-1101 of the | ||
Counties Code. | ||
(9) When a victim impact panel fee is assessed pursuant | ||
to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||
it shall be disbursed by the circuit clerk to the victim | ||
impact panel to be attended by the defendant. | ||
(10) When a new fee collected in traffic cases is | ||
enacted after the effective date of this subsection (h), it | ||
shall be excluded from the percentage disbursement | ||
provisions of this Section unless otherwise indicated by | ||
law. | ||
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) (Blank). | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle |
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and | ||
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect |
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty | ||
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 shall not be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for time served either before or after sentencing. | ||
This amount, less 2.5% that shall be used to defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. | ||
(o) The amounts collected as fines under Sections 10-9, | ||
11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||
be collected by the circuit clerk and distributed as provided | ||
under Section 5-9-1.21 of the Unified Code of Corrections in | ||
lieu of any disbursement under subsection (a) of this Section. | ||
(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||
6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.) |
Section 480. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 3-40, 5-105, and 5-301 as follows: | ||
(705 ILCS 405/3-40) | ||
Sec. 3-40. Minors involved in electronic dissemination of | ||
indecent visual depictions in need of supervision. | ||
(a) For the purposes of this Section: | ||
"Computer" has the meaning ascribed to it in Section 17-0.5 | ||
of the Criminal Code of 2012. | ||
"Electronic communication device" means an electronic | ||
device, including but not limited to a wireless telephone, | ||
personal digital assistant, or a portable or mobile computer, | ||
that is capable of transmitting images or pictures. | ||
"Indecent visual depiction" means a depiction or portrayal | ||
in any pose, posture, or setting involving a lewd exhibition of | ||
the unclothed or transparently clothed genitals, pubic area, | ||
buttocks, or, if such person is female, a fully or partially | ||
developed breast of the person. | ||
"Minor" means a person under 18 years of age. | ||
(b) A minor shall not distribute or disseminate an indecent | ||
visual depiction of another minor through the use of a computer | ||
or electronic communication device. | ||
(c) Adjudication. A minor who violates subsection (b) of | ||
this Section may be subject to a petition for adjudication and | ||
adjudged a minor in need of supervision. |
(d) Kinds of dispositional orders. A minor found to be in | ||
need of supervision under this Section may be: | ||
(1) ordered to obtain counseling or other supportive | ||
services to address the acts that led to the need for | ||
supervision; or | ||
(2) ordered to perform community service. | ||
(e) Nothing in this Section shall be construed to prohibit | ||
a prosecution for disorderly conduct, public indecency, child | ||
pornography, a violation of Article 26.5 ( Harassing and Obscene | ||
Communications ) of the Criminal Code of 2012, or any other | ||
applicable provision of law.
| ||
(Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13; | ||
97-1150, eff. 1-25-13; revised 12-10-14.)
| ||
(705 ILCS 405/5-105)
| ||
Sec. 5-105. Definitions. As used in this Article:
| ||
(1) "Aftercare release" means the conditional and | ||
revocable release of an adjudicated delinquent juvenile | ||
committed to the Department of Juvenile Justice under the | ||
supervision of the Department of Juvenile Justice. | ||
(1.5) "Court" means the circuit court in a session or | ||
division
assigned to hear proceedings under this Act, and | ||
includes the term Juvenile
Court.
| ||
(2) "Community service" means uncompensated labor for | ||
a community service
agency as hereinafter defined.
| ||
(2.5) "Community service agency" means a |
not-for-profit organization,
community
organization, | ||
church, charitable organization, individual, public | ||
office,
or other public body whose purpose is to enhance
| ||
the physical or mental health of a delinquent minor or to | ||
rehabilitate the
minor, or to improve the environmental | ||
quality or social welfare of the
community which agrees to | ||
accept community service from juvenile delinquents
and to | ||
report on the progress of the community service to the | ||
State's
Attorney pursuant to an agreement or to the court | ||
or to any agency designated
by the court or to the | ||
authorized diversion program that has referred the
| ||
delinquent minor for community service.
| ||
(3) "Delinquent minor" means any minor who prior to his | ||
or her 18th birthday has violated or attempted to violate, | ||
regardless of where the act occurred, any federal, State, | ||
county or municipal law or ordinance.
| ||
(4) "Department" means the Department of Human | ||
Services unless specifically
referenced as another | ||
department.
| ||
(5) "Detention" means the temporary care of a minor who | ||
is alleged to be or
has been adjudicated
delinquent and who | ||
requires secure custody for the minor's own
protection or | ||
the community's protection in a facility designed to | ||
physically
restrict the minor's movements, pending | ||
disposition by the court or
execution of an order of the | ||
court for placement or commitment. Design
features that |
physically restrict movement include, but are not limited | ||
to,
locked rooms and the secure handcuffing of a minor to a | ||
rail or other
stationary object. In addition, "detention" | ||
includes the court ordered
care of an alleged or | ||
adjudicated delinquent minor who requires secure
custody | ||
pursuant to Section 5-125 of this Act.
| ||
(6) "Diversion" means the referral of a juvenile, | ||
without court
intervention,
into a program that provides | ||
services designed to educate the juvenile and
develop a | ||
productive and responsible approach to living in the | ||
community.
| ||
(7) "Juvenile detention home" means a public facility | ||
with specially trained
staff that conforms to the county | ||
juvenile detention standards adopted by
the Department of | ||
Juvenile Justice.
| ||
(8) "Juvenile justice continuum" means a set of | ||
delinquency prevention
programs and services designed for | ||
the purpose of preventing or reducing
delinquent acts, | ||
including criminal activity by youth gangs, as well as
| ||
intervention, rehabilitation, and prevention services | ||
targeted at minors who
have committed delinquent acts,
and | ||
minors who have previously been committed to residential | ||
treatment programs
for delinquents. The term includes | ||
children-in-need-of-services and
| ||
families-in-need-of-services programs; aftercare and | ||
reentry services;
substance abuse and mental health |
programs;
community service programs; community service
| ||
work programs; and alternative-dispute resolution programs | ||
serving
youth-at-risk of delinquency and their families, | ||
whether offered or delivered
by State or
local governmental | ||
entities, public or private for-profit or not-for-profit
| ||
organizations, or religious or charitable organizations. | ||
This term would also
encompass any program or service | ||
consistent with the purpose of those programs
and services | ||
enumerated in this subsection.
| ||
(9) "Juvenile police officer" means a sworn police | ||
officer who has completed
a Basic Recruit Training Course, | ||
has been assigned to the position of juvenile
police | ||
officer by his or her chief law enforcement officer and has | ||
completed
the necessary juvenile officers training as | ||
prescribed by the Illinois Law
Enforcement Training | ||
Standards Board, or in the case of a State police officer,
| ||
juvenile officer training approved by the Director of State
| ||
Police.
| ||
(10) "Minor" means a person under the age of 21 years | ||
subject to this Act.
| ||
(11) "Non-secure custody" means confinement where the | ||
minor is not
physically
restricted by being placed in a | ||
locked cell or room, by being handcuffed to a
rail or other | ||
stationary object, or by other means. Non-secure custody | ||
may
include, but is not limited to, electronic monitoring, | ||
foster home placement,
home confinement, group home |
placement, or physical restriction of movement or
activity | ||
solely through facility staff.
| ||
(12) "Public or community service" means uncompensated | ||
labor for a
not-for-profit organization
or public body | ||
whose purpose is to enhance physical or mental stability of | ||
the
offender, environmental quality or the social welfare | ||
and which agrees to
accept public or community service from | ||
offenders and to report on the progress
of the offender and | ||
the public or community service to the court or to the
| ||
authorized diversion program that has referred the | ||
offender for public or
community
service. "Public or | ||
community service" does not include blood donation or | ||
assignment to labor at a blood bank. For the purposes of | ||
this Act, "blood bank" has the meaning ascribed to the term | ||
in Section 2-124 of the Illinois Clinical Laboratory and | ||
Blood Bank Act.
| ||
(13) "Sentencing hearing" means a hearing to determine | ||
whether a minor
should
be adjudged a ward of the court, and | ||
to determine what sentence should be
imposed on the minor. | ||
It is the intent of the General Assembly that the term
| ||
"sentencing hearing" replace the term "dispositional | ||
hearing" and be synonymous
with that definition as it was | ||
used in the Juvenile Court Act of 1987.
| ||
(14) "Shelter" means the temporary care of a minor in | ||
physically
unrestricting facilities pending court | ||
disposition or execution of court order
for placement.
|
(15) "Site" means a not-for-profit organization, | ||
public
body, church, charitable organization, or | ||
individual agreeing to
accept
community service from | ||
offenders and to report on the progress of ordered or
| ||
required public or community service to the court or to the | ||
authorized
diversion program that has referred the | ||
offender for public or community
service.
| ||
(16) "Station adjustment" means the informal or formal | ||
handling of an
alleged
offender by a juvenile police | ||
officer.
| ||
(17) "Trial" means a hearing to determine whether the | ||
allegations of a
petition under Section 5-520 that a minor | ||
is delinquent are proved beyond a
reasonable doubt. It is | ||
the intent of the General Assembly that the term
"trial" | ||
replace the term "adjudicatory hearing" and be synonymous | ||
with that
definition as it was used in the Juvenile Court | ||
Act of 1987.
| ||
The changes made to this Section by Public Act 98-61 apply | ||
to violations or attempted violations committed on or after | ||
January 1, 2014 (the effective date of Public Act 98-61). | ||
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | ||
eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; revised | ||
10-2-14.)
| ||
(705 ILCS 405/5-301)
| ||
Sec. 5-301. Station adjustments. A minor arrested for any |
offense or a violation of a condition of previous
station | ||
adjustment may receive a station adjustment for that arrest as
| ||
provided herein. In deciding whether to impose a station | ||
adjustment, either
informal
or formal, a juvenile police | ||
officer shall consider the following factors:
| ||
(A) The seriousness of the alleged offense.
| ||
(B) The prior history of delinquency of the minor.
| ||
(C) The age of the minor.
| ||
(D) The culpability of the minor in committing the | ||
alleged offense.
| ||
(E) Whether the offense was committed in an aggressive | ||
or premeditated
manner.
| ||
(F) Whether the minor used or possessed a deadly weapon | ||
when committing
the alleged offenses.
| ||
(1) Informal station adjustment.
| ||
(a) An informal station adjustment is defined as a | ||
procedure when a
juvenile police officer determines that | ||
there is probable
cause to
believe that the minor has | ||
committed an offense.
| ||
(b) A minor shall receive no more than 3 informal | ||
station adjustments
statewide for a misdemeanor offense | ||
within 3 years without prior approval from
the
State's | ||
Attorney's Office.
| ||
(c) A minor shall receive no more than 3 informal | ||
station adjustments
statewide for a felony offense within 3 | ||
years without prior approval from the
State's
Attorney's |
Office.
| ||
(d) A minor shall receive a combined total of no more | ||
than 5 informal
station adjustments statewide during his or | ||
her minority.
| ||
(e) The juvenile police officer may make reasonable | ||
conditions of an
informal station adjustment which may | ||
include but are not limited to:
| ||
(i) Curfew.
| ||
(ii) Conditions restricting entry into designated | ||
geographical areas.
| ||
(iii) No contact with specified persons.
| ||
(iv) School attendance.
| ||
(v) Performing up to 25 hours of community service | ||
work.
| ||
(vi) Community mediation.
| ||
(vii) Teen court or a peer court.
| ||
(viii) Restitution limited to 90 days.
| ||
(f) If the minor refuses or fails to abide by the | ||
conditions of an
informal station adjustment, the juvenile | ||
police officer may impose a formal
station adjustment or | ||
refer the matter to the State's Attorney's Office.
| ||
(g) An informal station adjustment does not constitute | ||
an adjudication
of delinquency or a criminal conviction.
| ||
Beginning January 1, 2000, a record shall be maintained | ||
with the
Department of State Police for informal station | ||
adjustments for offenses that
would be a felony if |
committed by an adult, and may be maintained if the
offense | ||
would be a misdemeanor.
| ||
(2) Formal station adjustment.
| ||
(a) A formal station adjustment is defined as a | ||
procedure when a juvenile
police officer determines that | ||
there is probable cause to
believe the minor has committed | ||
an offense and an admission by the minor of
involvement in | ||
the offense.
| ||
(b) The minor and parent, guardian, or legal custodian | ||
must agree in
writing to the formal station adjustment and | ||
must be advised of the
consequences of violation of any | ||
term of the agreement.
| ||
(c) The minor and parent, guardian or legal custodian | ||
shall be provided a
copy of the signed agreement of the | ||
formal station adjustment. The agreement
shall include:
| ||
(i) The offense which formed the basis of the | ||
formal station
adjustment.
| ||
(ii) An acknowledgment that the terms of the formal | ||
station adjustment
and
the consequences for violation | ||
have been explained.
| ||
(iii) An acknowledgment that the formal station | ||
adjustments record may
be
expunged under Section 5-915 | ||
of this Act.
| ||
(iv) An acknowledgement that the minor understands | ||
that his or her
admission of involvement in the offense | ||
may be admitted into evidence in future
court hearings.
|
(v) A statement that all parties understand the | ||
terms and conditions of
formal station adjustment and | ||
agree to the formal station adjustment process.
| ||
(d) Conditions of the formal station adjustment may | ||
include, but are not
be limited to:
| ||
(i) The time shall not exceed 120 days.
| ||
(ii) The minor shall not violate any laws.
| ||
(iii) The juvenile police officer may require the | ||
minor to comply with
additional conditions for the | ||
formal station adjustment which may include but
are not | ||
limited to:
| ||
(a) Attending school.
| ||
(b) Abiding by a set curfew.
| ||
(c) Payment of restitution.
| ||
(d) Refraining from possessing a firearm or | ||
other weapon.
| ||
(e) Reporting to a police officer at | ||
designated times and places,
including reporting | ||
and verification that the minor is at home at
| ||
designated hours.
| ||
(f) Performing up to 25 hours of community | ||
service work.
| ||
(g) Refraining from entering designated | ||
geographical areas.
| ||
(h) Participating in community mediation.
| ||
(i) Participating in teen court or peer court.
|
(j) Refraining from contact with specified | ||
persons.
| ||
(e) A
formal station adjustment does not constitute an | ||
adjudication of
delinquency or a criminal conviction. | ||
Beginning January 1, 2000,
a record shall be maintained | ||
with the
Department of State Police for formal station | ||
adjustments.
| ||
(f) A minor or the minor's parent, guardian, or legal | ||
custodian, or both
the minor and the minor's parent, | ||
guardian, or legal custodian, may refuse
a formal station | ||
adjustment and have the matter referred
for court action or
| ||
other appropriate action.
| ||
(g) A minor or the minor's parent, guardian, or legal | ||
custodian, or both
the minor and the minor's parent, | ||
guardian, or legal custodian, may
within 30 days of the | ||
commencement of the formal station adjustment revoke
their | ||
consent and
have the matter referred for court action or | ||
other appropriate action. This
revocation must be in | ||
writing and personally served upon the police officer or
| ||
his or her supervisor.
| ||
(h) The admission of the minor as to involvement in the | ||
offense shall be
admissible at further court hearings as | ||
long as the statement would be
admissible under the rules | ||
of evidence.
| ||
(i) If the minor violates any term or condition of the | ||
formal station
adjustment the juvenile police officer |
shall provide written notice of
violation to the
minor and | ||
the minor's parent, guardian, or legal custodian. After | ||
consultation
with the
minor and the minor's parent, | ||
guardian, or legal custodian, the juvenile police
officer
| ||
may take any of the following steps upon violation:
| ||
(i) Warn the minor of consequences of continued | ||
violations and continue
the formal station adjustment.
| ||
(ii) Extend the period of the formal station | ||
adjustment up to a total
of 180 days.
| ||
(iii) Extend the hours of community service work up | ||
to a total of 40
hours.
| ||
(iv) Terminate the formal station adjustment | ||
unsatisfactorily and take
no other action.
| ||
(v) Terminate the formal station adjustment | ||
unsatisfactorily and refer
the matter to the juvenile | ||
court.
| ||
(j) A minor shall receive no more than 2 formal station
| ||
adjustments statewide for a felony offense without the | ||
State's Attorney's
approval within
a 3 year period.
| ||
(k) A minor shall receive no more than 3 formal station
| ||
adjustments statewide for a misdemeanor offense without | ||
the State's Attorney's
approval
within a 3 year period.
| ||
(l) The total for formal station adjustments statewide | ||
within the period
of
minority may not exceed 4 without the | ||
State's Attorney's approval.
| ||
(m) If the minor is arrested in a jurisdiction where |
the minor does not
reside, the
formal station adjustment | ||
may be transferred to the jurisdiction where the
minor does | ||
reside upon written agreement of that jurisdiction to | ||
monitor the
formal station adjustment.
| ||
(3) Beginning January 1, 2000, the
juvenile police officer | ||
making a station adjustment shall assure
that information about | ||
any offense which would constitute a felony if committed
by an | ||
adult and may assure that information about a misdemeanor is | ||
transmitted
to the Department of State Police.
| ||
(4) The total number of station adjustments, both formal | ||
and informal, shall
not exceed 9 without the State's Attorney's | ||
approval for any minor arrested
anywhere in the State.
| ||
(Source: P.A. 90-590, eff. 1-1-99; revised 12-10-14.)
| ||
Section 485. The Criminal Code of 2012 is amended by | ||
changing Sections 12-2, 33E-14, 36-1, and 36-2 as follows:
| ||
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||
Sec. 12-2. Aggravated assault.
| ||
(a) Offense based on location of conduct. A person commits | ||
aggravated assault when he or she commits an assault against an | ||
individual who is on or about a public way, public property, a | ||
public place of accommodation or amusement, or a sports venue. | ||
(b) Offense based on status of victim. A person commits | ||
aggravated assault when, in committing an assault, he or she | ||
knows the individual assaulted to be any of the following: |
(1) A physically handicapped person or a person 60 | ||
years of age or older and the assault is without legal | ||
justification. | ||
(2) A teacher or school employee upon school grounds or | ||
grounds adjacent to a school or in any part of a building | ||
used for school purposes. | ||
(3) A park district employee upon park grounds or | ||
grounds adjacent to a park or in any part of a building | ||
used for park purposes. | ||
(4) A peace officer, community policing volunteer, | ||
fireman, private security officer, emergency management | ||
worker, emergency medical technician, or utility worker: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(5) A correctional officer or probation officer: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(6) A correctional institution employee, a county | ||
juvenile detention center employee who provides direct and | ||
continuous supervision of residents of a juvenile |
detention center, including a county juvenile detention | ||
center employee who supervises recreational activity for | ||
residents of a juvenile detention center, or a Department | ||
of Human Services employee, Department of Human Services | ||
officer, or employee of a subcontractor of the Department | ||
of Human Services supervising or controlling sexually | ||
dangerous persons or sexually violent persons: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her | ||
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) An employee of the State of Illinois, a municipal | ||
corporation therein, or a political subdivision thereof, | ||
performing his or her official duties. | ||
(8) A transit employee performing his or her official | ||
duties, or a transit passenger. | ||
(9) A sports official or coach actively participating | ||
in any level of athletic competition within a sports venue, | ||
on an indoor playing field or outdoor playing field, or | ||
within the immediate vicinity of such a facility or field. | ||
(10) A person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure or a special process | ||
server appointed by the circuit court, while that | ||
individual is in the performance of his or her duties as a | ||
process server. |
(c) Offense based on use of firearm, device, or motor | ||
vehicle. A person commits aggravated assault when, in | ||
committing an assault, he or she does any of the following: | ||
(1) Uses a deadly weapon, an air rifle as defined in | ||
Section 24.8-0.1 of this Act the Air Rifle Act , or any | ||
device manufactured and designed to be substantially | ||
similar in appearance to a firearm, other than by | ||
discharging a firearm. | ||
(2) Discharges a firearm, other than from a motor | ||
vehicle. | ||
(3) Discharges a firearm from a motor vehicle. | ||
(4) Wears a hood, robe, or mask to conceal his or her | ||
identity. | ||
(5) Knowingly and without lawful justification shines | ||
or flashes a laser gun sight or other laser device attached | ||
to a firearm, or used in concert with a firearm, so that | ||
the laser beam strikes near or in the immediate vicinity of | ||
any person. | ||
(6) Uses a firearm, other than by discharging the | ||
firearm, against a peace officer, community policing | ||
volunteer, fireman, private security officer, emergency | ||
management worker, emergency medical technician, employee | ||
of a police department, employee of a sheriff's department, | ||
or traffic control municipal employee: | ||
(i) performing his or her official duties; | ||
(ii) assaulted to prevent performance of his or her |
official duties; or | ||
(iii) assaulted in retaliation for performing his | ||
or her official duties. | ||
(7) Without justification operates a motor vehicle in a | ||
manner which places a person, other than a person listed in | ||
subdivision (b)(4), in reasonable apprehension of being | ||
struck by the moving motor vehicle. | ||
(8) Without justification operates a motor vehicle in a | ||
manner which places a person listed in subdivision (b)(4), | ||
in reasonable apprehension of being struck by the moving | ||
motor vehicle. | ||
(9) Knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(d) Sentence. Aggravated assault as defined in subdivision | ||
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||
aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||
is a Class 4 felony if a Category I, Category II, or Category | ||
III weapon is used in the commission of the assault. Aggravated | ||
assault as defined in subdivision (b)(5), (b)(6), (b)(10), | ||
(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||
Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||
is a Class 3 felony. | ||
(e) For the purposes of this Section, "Category I weapon", | ||
"Category II weapon, and "Category III weapon" have the | ||
meanings ascribed to those terms in Section 33A-1 of this Code.
|
(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; | ||
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | ||
1-1-14; revised 12-10-14.)
| ||
(720 ILCS 5/33E-14)
| ||
Sec. 33E-14. False statements on vendor applications. | ||
(a) A person commits false statements on vendor | ||
applications when he or she knowingly
makes any false statement | ||
or report , with the intent to influence in any way
the action | ||
of any unit of local government or school district in | ||
considering a
vendor
application.
| ||
(b) Sentence. False statements on vendor applications is a | ||
Class 3 felony. | ||
(Source: P.A. 97-1108, eff. 1-1-13; revised 12-10-14.)
| ||
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||
Sec. 36-1. Seizure. | ||
(a) Any vessel or watercraft, vehicle, or aircraft may be | ||
seized and impounded by the law enforcement agency if the | ||
vessel or watercraft , vehicle, or aircraft is used with the | ||
knowledge
and consent of the owner in the commission of , or in | ||
the attempt to commit as
defined in Section 8-4 of this Code , | ||
an offense prohibited by : | ||
(1) an offense prohibited by Section 9-1 (first degree | ||
murder), Section
9-3 (involuntary manslaughter and | ||
reckless homicide), Section
10-2 (aggravated kidnaping), |
Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||
(aggravated criminal sexual assault), Section 11-1.40 | ||
(predatory criminal sexual assault of a child), subsection | ||
(a) of Section 11-1.50 (criminal sexual abuse), subsection | ||
(a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||
sexual abuse), Section 11-6 (indecent solicitation of a | ||
child), Section 11-14.4 (promoting juvenile prostitution | ||
except for keeping a place of juvenile prostitution), | ||
Section 11-20.1 (child pornography), paragraph (a)(1), | ||
(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||
(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||
(aggravated battery), Section
12-7.3 (stalking), Section | ||
12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||
theft is of precious metal or of scrap metal), subdivision | ||
(f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||
18-2 (armed robbery), Section 19-1 (burglary), Section | ||
19-2 (possession of burglary tools), Section 19-3 | ||
(residential burglary), Section 20-1 (arson; residential | ||
arson; place of worship arson), Section 20-2 (possession of | ||
explosives or explosive or incendiary devices), | ||
subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||
of weapons), Section
24-1.2 (aggravated discharge of a | ||
firearm), Section
24-1.2-5 (aggravated discharge of a | ||
machine gun or a firearm equipped with a device designed or | ||
used for silencing the report of a firearm), Section
24-1.5 | ||
(reckless discharge of a firearm), Section 28-1 |
(gambling), or Section 29D-15.2 (possession of a deadly | ||
substance) of this Code; | ||
(2) an offense prohibited by Section 21, 22, 23, 24 or | ||
26 of the Cigarette Tax
Act if the vessel or watercraft, | ||
vehicle, or aircraft contains more than 10 cartons of
such | ||
cigarettes; | ||
(3) an offense prohibited by Section 28, 29, or 30 of | ||
the Cigarette Use Tax Act if
the vessel or watercraft, | ||
vehicle, or aircraft contains more than 10 cartons of such
| ||
cigarettes; | ||
(4) an offense prohibited by Section 44 of the | ||
Environmental Protection Act; | ||
(5) an offense prohibited by
Section 11-204.1
of the | ||
Illinois Vehicle Code (aggravated fleeing or attempting to | ||
elude a peace officer); | ||
(6) an offense prohibited by Section 11-501 of the | ||
Illinois Vehicle Code (driving while under the influence of | ||
alcohol or other drug or drugs, intoxicating compound or | ||
compounds or any combination thereof) or a similar | ||
provision of a local ordinance, and: | ||
(A) during a period in which his
or her driving | ||
privileges are revoked or suspended if
the revocation | ||
or suspension was for: | ||
(i) Section 11-501 (driving under the | ||
influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any
|
combination thereof), | ||
(ii) Section 11-501.1 (statutory summary | ||
suspension or revocation), | ||
(iii) paragraph (b) of Section
11-401 (motor | ||
vehicle accidents involving death or personal | ||
injuries), or | ||
(iv) reckless homicide as defined in Section | ||
9-3
of this Code; | ||
(B) has been previously convicted of reckless | ||
homicide or a similar provision of a law of another | ||
state relating to reckless homicide in which the person | ||
was determined to have been under the influence of | ||
alcohol, other drug or drugs, or intoxicating compound | ||
or compounds as an element of the offense or the person | ||
has previously been convicted of committing a | ||
violation of
driving under the influence of alcohol or | ||
other drug or drugs, intoxicating compound or | ||
compounds or any
combination thereof and was involved | ||
in a motor vehicle accident that resulted in death, | ||
great bodily harm, or permanent disability or | ||
disfigurement to another, when the violation was a | ||
proximate cause of the death or injuries; | ||
(C) the person committed a violation of driving | ||
under the influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any
combination | ||
thereof under Section 11-501 of the Illinois Vehicle |
Code or a similar provision for the third or subsequent
| ||
time; | ||
(D) he
or she did not possess a valid driver's | ||
license or permit or a valid restricted driving permit | ||
or a valid judicial driving permit or a valid | ||
monitoring device driving permit; or | ||
(E) he or she knew or should have known that the | ||
vehicle he or she was driving was not covered by a | ||
liability insurance policy; | ||
(7) an offense described in subsection (g) of Section | ||
6-303 of the
Illinois Vehicle Code; | ||
(8) an offense described in subsection (e) of
Section | ||
6-101 of the Illinois Vehicle Code ; or | ||
(9)(A) (i) (1) operating a watercraft under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination thereof under | ||
Section 5-16 of the Boat Registration and Safety Act during | ||
a period in which his or her privileges to operate a | ||
watercraft are revoked or suspended and the revocation or | ||
suspension was for operating a watercraft under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination thereof; (B) (2) | ||
operating a watercraft under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds, or | ||
combination thereof and has been previously convicted of | ||
reckless homicide or a similar provision of a law in |
another state relating to reckless homicide in which the | ||
person was determined to have been under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or combination thereof as an element of the | ||
offense or the person has previously been convicted of | ||
committing a violation of operating a watercraft under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination thereof and was | ||
involved in an accident that resulted in death, great | ||
bodily harm, or permanent disability or disfigurement to | ||
another, when the violation was a proximate cause of the | ||
death or injuries; or (C) (3) the person committed a | ||
violation of operating a watercraft under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or combination thereof under Section 5-16 of the | ||
Boat Registration and Safety Act or a similar provision for | ||
the third or subsequent time ; . or watercraft or watercraft
| ||
(b) In addition, any mobile or portable equipment used in | ||
the commission of an
act which is in violation of Section 7g of | ||
the Metropolitan Water Reclamation
District Act shall be | ||
subject to seizure and forfeiture under the same
procedures | ||
provided in this Article for the seizure and forfeiture of | ||
vessels or watercraft,
vehicles, and aircraft, and any such | ||
equipment shall be deemed a vessel or watercraft, vehicle,
or | ||
aircraft for purposes of this Article.
| ||
(c) In addition, when a person discharges a firearm at |
another individual from a vehicle with
the knowledge and | ||
consent of the owner of the vehicle and with the intent to
| ||
cause death or great bodily harm to that individual and as a | ||
result causes
death or great bodily harm to that individual, | ||
the vehicle shall be subject to
seizure and forfeiture under | ||
the same procedures provided in this Article for
the seizure | ||
and forfeiture of vehicles used in violations of clauses (1), | ||
(2), (3), or (4) of subsection (a) of this Section.
| ||
(d) If the spouse of the owner of a vehicle seized for
an | ||
offense described in subsection (g) of Section 6-303 of the
| ||
Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||
11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||
Code makes a showing
that the seized vehicle is the only source | ||
of transportation and it is
determined that the financial | ||
hardship to the family as a result of the seizure
outweighs the | ||
benefit to the State from the seizure, the vehicle may be
| ||
forfeited to the spouse or family member and the title to the | ||
vehicle shall be
transferred to the spouse or family member who | ||
is properly licensed and who
requires the use of the vehicle | ||
for employment or family transportation
purposes. A written | ||
declaration of forfeiture of a vehicle under this
Section shall | ||
be sufficient cause for the title to be transferred to the | ||
spouse
or family member. The provisions of this paragraph shall | ||
apply only to one
forfeiture per vehicle. If the vehicle is the | ||
subject of a subsequent
forfeiture proceeding by virtue of a |
subsequent conviction of either spouse or
the family member, | ||
the spouse or family member to whom the vehicle was
forfeited | ||
under the first forfeiture proceeding may not utilize the
| ||
provisions of this paragraph in another forfeiture proceeding. | ||
If the owner of
the vehicle seized owns more than one vehicle,
| ||
the procedure set out in this paragraph may be used for only | ||
one vehicle.
| ||
(e) In addition, property declared contraband under | ||
Section 40 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act may be seized and forfeited under this
Article.
| ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; | ||
97-1150, eff. 1-25-13; 98-699, eff. 1-1-15; 98-1020, eff. | ||
8-22-14; revised 9-30-14.)
| ||
(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
| ||
Sec. 36-2. Action for forfeiture. | ||
(a) The State's Attorney in the county in which such | ||
seizure occurs
if he or she finds that the forfeiture was | ||
incurred without willful negligence
or without any intention on | ||
the part of the owner of the vessel or watercraft, vehicle
or | ||
aircraft or any person whose right, title or interest is of | ||
record as
described in Section 36-1, to violate the law, or | ||
finds the existence of
such mitigating circumstances as to | ||
justify remission of the forfeiture,
may cause the law | ||
enforcement agency to remit the same upon such terms and | ||
conditions
as the State's Attorney deems reasonable and just. |
The State's Attorney
shall exercise his or her discretion under | ||
the foregoing provision of this
Section 36-2(a) prior to or | ||
promptly after the preliminary review under Section 36-1.5. | ||
(b) If the State's Attorney does not cause the forfeiture | ||
to
be remitted he or she shall forthwith bring an action for | ||
forfeiture in the
Circuit Court within whose jurisdiction the | ||
seizure and confiscation has
taken place. The State's Attorney | ||
shall give notice of seizure and the forfeiture proceeding to | ||
each person according to the following method: upon each person | ||
whose right, title, or interest is of record in the office of | ||
the Secretary of State, the Secretary of Transportation, the | ||
Administrator of the Federal Aviation Agency, or any other | ||
department of this State, or any other state of the United | ||
States if the vessel or watercraft , vehicle, or aircraft is | ||
required to be so registered, as the case may be, by delivering | ||
the notice and complaint in open court or by certified mail to | ||
the address as given upon the records of the Secretary of | ||
State, the Division of Aeronautics of the Department of | ||
Transportation, the Capital Development Board, or any other | ||
department of this State or the United States if the vessel or | ||
watercraft , vehicle, or aircraft is required to be so | ||
registered. | ||
(c) The owner of the seized vessel or watercraft, vehicle, | ||
or aircraft or any person
whose right, title, or interest is of | ||
record as described in Section
36-1, may within 20 days after | ||
delivery in open court or the mailing of such notice file a
|
verified answer to the Complaint and may appear at the hearing | ||
on the
action for forfeiture. | ||
(d) The State shall show at such hearing by a
preponderance | ||
of the evidence, that such vessel or watercraft, vehicle, or | ||
aircraft was
used in the commission of an offense described in | ||
Section 36-1. | ||
(e) The
owner of such vessel or watercraft, vehicle, or | ||
aircraft or any person whose right,
title, or interest is of | ||
record as described in Section 36-1, may show
by a | ||
preponderance of the evidence that he did not know, and did not
| ||
have reason to know, that the vessel or watercraft, vehicle, or | ||
aircraft was to be used
in the commission of such an offense or | ||
that any of the exceptions set
forth in Section 36-3 are | ||
applicable. | ||
(f) Unless the State shall make such
showing, the Court | ||
shall order such vessel or watercraft, vehicle, or aircraft | ||
released
to the owner. Where the State has made such showing, | ||
the Court may order
the vessel or watercraft, vehicle, or | ||
aircraft destroyed or may order it forfeited to
any local, | ||
municipal or county law enforcement agency, or the Department
| ||
of State Police or the Department of Revenue of
the State of | ||
Illinois.
| ||
(g) A copy of the order shall be filed with the law | ||
enforcement agency, and with each Federal or State office
or | ||
agency with which such vessel or watercraft, vehicle, or | ||
aircraft is required to be
registered. Such order, when filed, |
constitutes authority for the
issuance of clear title to such | ||
vessel or watercraft , vehicle, or aircraft, to the
department | ||
or agency to whom it is delivered or any purchaser thereof.
The | ||
law enforcement agency shall comply promptly with instructions | ||
to remit received
from the State's Attorney or Attorney General | ||
in accordance with
Sections 36-2(a) or 36-3.
| ||
(h) The proceeds of any sale at public auction pursuant to | ||
Section
36-2 of this Act, after payment of all liens and | ||
deduction of the
reasonable charges and expenses incurred by | ||
the State's Attorney's Office shall be paid to the law | ||
enforcement agency having seized the vehicle for forfeiture.
| ||
(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14; | ||
revised 10-1-14.)
| ||
Section 490. The Cannabis Control Act is amended by | ||
changing Section 15.2 as follows: | ||
(720 ILCS 550/15.2) | ||
Sec. 15.2. Industrial hemp pilot program. | ||
(a) Pursuant to Section 7606 of the federal Agricultural | ||
Act of 2014, an institution of higher education or the | ||
Department of Agriculture may grow or cultivate industrial hemp | ||
if: | ||
(1) the industrial hemp is grown or cultivated for | ||
purposes of research conducted under an agricultural pilot | ||
program or other agricultural or academic research; |
(2) the pilot program studies the growth, cultivation, | ||
or marketing of industrial hemp; and | ||
(3) any site used for the growing or cultivating of | ||
industrial hemp is certified by, and registered with, the | ||
Department of Agriculture. | ||
(b) Before conducting industrial hemp research, an | ||
institution of higher education shall notify the Department of | ||
Agriculture and any local law enforcement agency in writing. | ||
(c) The institution of higher education shall provide | ||
quarterly reports and an annual report to the
Department of | ||
Agriculture on the research and the research program shall be | ||
subject to random inspection by the Department of Agriculture, | ||
the Department of State Police, or local law enforcement | ||
agencies. The institution of higher education shall submit the | ||
annual report to the Department of Agriculture on or before | ||
October 1. | ||
(d) The Department of Agriculture may adopt rules to | ||
implement this Section. In order to provide for the expeditious | ||
and timely implementation of this Section, upon notification by | ||
an institution of higher education that the institution wishes | ||
to engage in the growth or cultivation of industrial hemp for | ||
agricultural research purposes, the Department of Agriculture | ||
may adopt emergency rules under Section 5-45 of the Illinois | ||
Administrative Procedure Act to implement the provisions of | ||
this Section. If changes to the rules are required to comply | ||
with federal rules, the Department of Agriculture may adopt |
peremptory rules as necessary to comply with changes to | ||
corresponding federal rules. All other rules that the | ||
Department of Agriculture deems necessary to adopt in | ||
connection with this Section must proceed through the ordinary | ||
rule-making process. The adoption of emergency rules | ||
authorized by this Section shall be deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
The Department of Agriculture may determine, by rule, the | ||
duration of an institution of higher education's pilot program | ||
or industrial hemp research. If the institution of higher | ||
education has not completed its program within the timeframe | ||
established by rule, then the Department of Agriculture may | ||
grant an extension to the pilot program if unanticipated | ||
circumstances arose that impacted the program. | ||
(e) As used in this Section: | ||
"Industrial hemp" means cannabis sativa L. having no more | ||
than 0.3% total THC available, upon heating, or maximum delta-9 | ||
tetrahydrocannabinol content possible. | ||
"Institution of higher education" means a State | ||
institution of higher education that offers a 4-year degree in | ||
agricultural science.
| ||
(Source: P.A. 98-1072, eff. 1-1-15; revised 12-10-14.) | ||
Section 495. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102 and 312 as follows: |
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Addict" means any person who habitually uses any drug, | ||
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his or her addiction.
| ||
(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, | ||
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
| ||
(1) a practitioner (or, in his or her presence, by his | ||
or her authorized agent),
| ||
(2) the patient or research subject pursuant to an | ||
order, or
| ||
(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
| ||
(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, | ||
dispenser, prescriber, or practitioner. It does not
include a | ||
common or contract carrier, public warehouseman or employee of
| ||
the carrier or warehouseman.
| ||
(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, | ||
corticosteroids, and dehydroepiandrosterone),
and includes:
| ||
(i) 3[beta],17-dihydroxy-5a-androstane, | ||
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||
(iii) 5[alpha]-androstan-3,17-dione, | ||
(iv) 1-androstenediol (3[beta], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(v) 1-androstenediol (3[alpha], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(vi) 4-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-4-ene), | ||
(vii) 5-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-5-ene), | ||
(viii) 1-androstenedione | ||
([5alpha]-androst-1-en-3,17-dione), | ||
(ix) 4-androstenedione | ||
(androst-4-en-3,17-dione), | ||
(x) 5-androstenedione | ||
(androst-5-en-3,17-dione), | ||
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xii) boldenone (17[beta]-hydroxyandrost- | ||
1,4,-diene-3-one), | ||
(xiii) boldione (androsta-1,4- | ||
diene-3,17-dione), |
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||
[beta]-hydroxyandrost-4-en-3-one), | ||
(xv) clostebol (4-chloro-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xvi) dehydrochloromethyltestosterone (4-chloro- | ||
17[beta]-hydroxy-17[alpha]-methyl- | ||
androst-1,4-dien-3-one), | ||
(xvii) desoxymethyltestosterone | ||
(17[alpha]-methyl-5[alpha] | ||
-androst-2-en-17[beta]-ol)(a.k.a., madol), | ||
(xviii) [delta]1-dihydrotestosterone (a.k.a. | ||
'1-testosterone') (17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||
androstan-3-one), | ||
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||
5[alpha]-androstan-3-one), | ||
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-ene), | ||
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||
17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||
(xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||
hydroxyandrostano[2,3-c]-furazan), | ||
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) |
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||
androst-4-en-3-one), | ||
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||
dihydroxy-estr-4-en-3-one), | ||
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||
hydroxy-5-androstan-3-one), | ||
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||
[5a]-androstan-3-one), | ||
(xxx) methandienone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-1,4-dien-3-one), | ||
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-5-ene), | ||
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||
dihydroxy-5a-androstane), | ||
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||
-5a-androstane), | ||
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-4-ene), | ||
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9(10)-dien-3-one), | ||
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9-11-trien-3-one), |
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||
1-testosterone'), | ||
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvii) 19-nor-4,9(10)-androstadienedione | ||
(estra-4,9(10)-diene-3,17-dione), | ||
(xlviii) 19-nor-4-androstenedione (estr-4- | ||
en-3,17-dione), | ||
(xlix) 19-nor-5-androstenedione (estr-5- | ||
en-3,17-dione), | ||
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||
hydroxygon-4-en-3-one), | ||
(li) norclostebol (4-chloro-17[beta]- |
hydroxyestr-4-en-3-one), | ||
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||
2-oxa-5[alpha]-androstan-3-one), | ||
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||
dihydroxyandrost-4-en-3-one), | ||
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||
17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||
(5[alpha]-androst-1-en-3-one), | ||
(lix) testolactone (13-hydroxy-3-oxo-13,17- | ||
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).
| ||
Any person who is otherwise lawfully in possession of an |
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
| ||
which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
| ||
purposes of this Act.
| ||
(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
| ||
(d-5) "Clinical Director, Prescription Monitoring Program" | ||
means a Department of Human Services administrative employee | ||
licensed to either prescribe or dispense controlled substances | ||
who shall run the clinical aspects of the Department of Human | ||
Services Prescription Monitoring Program and its Prescription | ||
Information Library. | ||
(d-10) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident |
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing | ||
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if both of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded. | ||
(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule whether by
transfer from | ||
another Schedule or otherwise.
| ||
(f) "Controlled Substance" means (i) a drug, substance, or | ||
immediate
precursor in the Schedules of Article II of this Act | ||
or (ii) a drug or other substance, or immediate precursor, | ||
designated as a controlled substance by the Department through | ||
administrative rule. The term does not include distilled | ||
spirits, wine, malt beverages, or tobacco, as those terms are
| ||
defined or used in the Liquor Control Act of 1934 and the | ||
Tobacco Products Tax
Act of 1995.
| ||
(f-5) "Controlled substance analog" means a substance: | ||
(1) the chemical structure of which is substantially | ||
similar to the chemical structure of a controlled substance | ||
in Schedule I or II; |
(2) which has a stimulant, depressant, or | ||
hallucinogenic effect on the central nervous system that is | ||
substantially similar to or greater than the stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system of a controlled substance in Schedule I or | ||
II; or | ||
(3) with respect to a particular person, which such | ||
person represents or intends to have a stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system that is substantially similar to or greater | ||
than the stimulant, depressant, or hallucinogenic effect | ||
on the central nervous system of a controlled substance in | ||
Schedule I or II. | ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
| ||
(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
| ||
(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
| ||
(j) (Blank).
| ||
(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
| ||
(l) "Department of Financial and Professional Regulation" | ||
means the Department
of Financial and Professional Regulation | ||
of the State of Illinois or its successor agency.
| ||
(m) "Depressant" means any drug that (i) causes an overall | ||
depression of central nervous system functions, (ii) causes | ||
impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to alcohol, cannabis and its active principles | ||
and their analogs, benzodiazepines and their analogs, | ||
barbiturates and their analogs, opioids (natural and | ||
synthetic) and their analogs, and chloral hydrate and similar | ||
sedative hypnotics.
| ||
(n) (Blank).
| ||
(o) "Director" means the Director of the Illinois State | ||
Police or his or her designated agents.
| ||
(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
| ||
(q) "Dispenser" means a practitioner who dispenses.
| ||
(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
| ||
(s) "Distributor" means a person who distributes.
| ||
(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
| ||
the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
| ||
(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Financial and Professional Regulation for the
| ||
purpose of animal euthanasia that holds an animal control | ||
facility license or
animal
shelter license under the Animal | ||
Welfare Act. A euthanasia agency is
authorized to purchase, | ||
store, possess, and utilize Schedule II nonnarcotic and
| ||
Schedule III nonnarcotic drugs for the sole purpose of animal | ||
euthanasia.
| ||
(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
| ||
(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of |
professional
treatment to or for any person who is under his or | ||
her treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
| ||
prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
| ||
(1) lack of consistency of prescriber-patient | ||
relationship,
| ||
(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
| ||
(3) quantities beyond those normally prescribed,
| ||
(4) unusual dosages (recognizing that there may be | ||
clinical circumstances where more or less than the usual | ||
dose may be used legitimately),
| ||
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
| ||
(6) consistent prescribing of habit-forming drugs.
| ||
(u-0.5) "Hallucinogen" means a drug that causes markedly | ||
altered sensory perception leading to hallucinations of any | ||
type. | ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to |
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
| ||
(u-5) "Illinois State Police" means the State
Police of the | ||
State of Illinois, or its successor agency. | ||
(v) "Immediate precursor" means a substance:
| ||
(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
| ||
(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
| ||
(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
| ||
(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
| ||
(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
| ||
(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical |
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
| ||
(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
| ||
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
| ||
reasonable retail market value of the substance.
| ||
Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was |
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
| ||
Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||
(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States that delivers, | ||
dispenses or
distributes, through the United States Postal | ||
Service or other common
carrier, to Illinois residents, any | ||
substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
| ||
directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the |
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his or her own use; or
| ||
(2) by a practitioner, or his or her authorized agent | ||
under his or her
supervision, the preparation, | ||
compounding, packaging, or labeling of a
controlled | ||
substance:
| ||
(a) as an incident to his or her administering or | ||
dispensing of a
controlled substance in the course of | ||
his or her professional practice; or
| ||
(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
| ||
(z-5) "Medication shopping" means the conduct prohibited | ||
under subsection (a) of Section 314.5 of this Act. | ||
(z-10) "Mid-level practitioner" means (i) a physician | ||
assistant who has been delegated authority to prescribe through | ||
a written delegation of authority by a physician licensed to | ||
practice medicine in all of its branches, in accordance with | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
(ii) an advanced practice nurse who has been delegated | ||
authority to prescribe through a written delegation of | ||
authority by a physician licensed to practice medicine in all | ||
of its branches or by a podiatric physician, in accordance with | ||
Section 65-40 of the Nurse Practice Act, (iii) an animal |
euthanasia agency, or (iv) a prescribing psychologist. | ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of vegetable origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
| ||
(1) opium, opiates, derivatives of opium and opiates, | ||
including their isomers, esters, ethers, salts, and salts | ||
of isomers, esters, and ethers, whenever the existence of | ||
such isomers, esters, ethers, and salts is possible within | ||
the specific chemical designation; however the term | ||
"narcotic drug" does not include the isoquinoline | ||
alkaloids of opium;
| ||
(2) (blank);
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves, except coca leaves and extracts of | ||
coca leaves from which substantially all of the cocaine and | ||
ecgonine, and their isomers, derivatives and salts, have | ||
been removed;
| ||
(5) cocaine, its salts, optical and geometric isomers, | ||
and salts of isomers; | ||
(6) ecgonine, its derivatives, their salts, isomers, | ||
and salts of isomers; | ||
(7) any compound, mixture, or preparation which | ||
contains any quantity of any of the substances referred to | ||
in subparagraphs (1) through (6). |
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nurse Practice Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||
solution or other liquid form of medication intended for | ||
administration by mouth, but the term does not include a form | ||
of medication intended for buccal, sublingual, or transmucosal | ||
administration. | ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a license or | ||
certificate of
registration as a registered pharmacist, a local | ||
registered pharmacist
or a registered assistant pharmacist | ||
under the Pharmacy Practice Act.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy |
Practice Act.
| ||
(ii-5) "Pharmacy shopping" means the conduct prohibited | ||
under subsection (b) of Section 314.5 of this Act. | ||
(ii-10) "Physician" (except when the context otherwise | ||
requires) means a person licensed to practice medicine in all | ||
of its branches. | ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatric | ||
physician,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice nurse,
licensed | ||
practical
nurse, registered nurse, hospital, laboratory, or | ||
pharmacy, or other
person licensed, registered, or otherwise | ||
lawfully permitted by the
United States or this State to | ||
distribute, dispense, conduct research
with respect to, | ||
administer or use in teaching or chemical analysis, a
| ||
controlled substance in the course of professional practice or | ||
research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance; the term does not mean a written | ||
prescription that is individually generated by machine or | ||
computer in the prescriber's office.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, |
prescribing psychologist licensed under Section 4.2 of the | ||
Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, podiatric physician, or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a controlled substance
in | ||
accordance
with Section 303.05, a written delegation, and a | ||
written supervision agreement required under Section 7.5
of the
| ||
Physician Assistant Practice Act of 1987, or an advanced | ||
practice
nurse with prescriptive authority delegated under | ||
Section 65-40 of the Nurse Practice Act and in accordance with | ||
Section 303.05, a written delegation,
and a written
| ||
collaborative agreement under Section 65-35 of the Nurse | ||
Practice Act.
| ||
(nn) "Prescription" means a written, facsimile, or oral | ||
order, or an electronic order that complies with applicable | ||
federal requirements,
of
a physician licensed to practice | ||
medicine in all its branches,
dentist, podiatric physician or | ||
veterinarian for any controlled
substance, of an optometrist | ||
for a Schedule II, III, IV, or V controlled substance in | ||
accordance with Section 15.1 of the Illinois Optometric | ||
Practice Act of 1987, of a prescribing psychologist licensed | ||
under Section 4.2 of the Clinical Psychologist Licensing Act | ||
with prescriptive authority delegated under Section 4.3 of the | ||
Clinical Psychologist Licensing Act, of a physician assistant | ||
for a
controlled substance
in accordance with Section 303.05, a |
written delegation, and a written supervision agreement | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, or of an advanced practice
nurse with prescriptive | ||
authority delegated under Section 65-40 of the Nurse Practice | ||
Act who issues a prescription for a
controlled substance in | ||
accordance
with
Section 303.05, a written delegation, and a | ||
written collaborative agreement under Section 65-35 of the | ||
Nurse Practice Act when required by law.
| ||
(nn-5) "Prescription Information Library" (PIL) means an | ||
electronic library that contains reported controlled substance | ||
data. | ||
(nn-10) "Prescription Monitoring Program" (PMP) means the | ||
entity that collects, tracks, and stores reported data on | ||
controlled substances and select drugs pursuant to Section 316. | ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(qq-5) "Secretary" means, as the context requires, either | ||
the Secretary of the Department or the Secretary of the | ||
Department of Financial and Professional Regulation, and the | ||
Secretary's designated agents. |
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United | ||
States of America.
| ||
(rr-5) "Stimulant" means any drug that (i) causes an | ||
overall excitation of central nervous system functions, (ii) | ||
causes impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to amphetamines and their analogs, | ||
methylphenidate and its analogs, cocaine, and phencyclidine | ||
and its analogs. | ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his or her own use or for the use of | ||
a member of his or her
household or for administering to an | ||
animal owned by him or her or by a member
of his or her | ||
household.
| ||
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||
eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; | ||
revised 10-1-14.)
| ||
(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| ||
Sec. 312. Requirements for dispensing controlled | ||
substances.
| ||
(a) A practitioner, in good faith, may dispense a Schedule
| ||
II controlled substance, which is a narcotic drug listed in | ||
Section 206
of this Act; or which contains any quantity of |
amphetamine or
methamphetamine, their salts, optical isomers | ||
or salts of optical
isomers; phenmetrazine and its salts; or | ||
pentazocine; and Schedule III, IV, or V controlled substances
| ||
to any person upon
a written or electronic prescription of any | ||
prescriber, dated and signed
by the
person prescribing (or | ||
electronically validated in compliance with Section 311.5) on | ||
the day when issued and bearing the name and
address of the | ||
patient for whom, or the owner of the animal for which
the | ||
controlled substance is dispensed, and the full name, address | ||
and
registry number under the laws of the United States | ||
relating to
controlled substances of the prescriber, if he or | ||
she is
required by
those laws to be registered. If the | ||
prescription is for an animal it
shall state the species of | ||
animal for which it is ordered. The
practitioner filling the | ||
prescription shall, unless otherwise permitted, write the date | ||
of filling
and his or her own signature on the face of the | ||
written prescription or, alternatively, shall indicate such | ||
filling using a unique identifier as defined in paragraph (v) | ||
of Section 3 of the Pharmacy Practice Act.
The written | ||
prescription shall be
retained on file by the practitioner who | ||
filled it or pharmacy in which
the prescription was filled for | ||
a period of 2 years, so as to be readily
accessible for | ||
inspection or removal by any officer or employee engaged
in the | ||
enforcement of this Act. Whenever the practitioner's or
| ||
pharmacy's copy of any prescription is removed by an officer or
| ||
employee engaged in the enforcement of this Act, for the |
purpose of
investigation or as evidence, such officer or | ||
employee shall give to the
practitioner or pharmacy a receipt | ||
in lieu thereof. If the specific prescription is machine or | ||
computer generated and printed at the prescriber's office, the | ||
date does not need to be handwritten. A prescription
for a | ||
Schedule II controlled substance shall not be issued for more | ||
than a 30 day supply, except as provided in subsection (a-5), | ||
and shall be valid for up to 90 days
after the date of | ||
issuance. A written prescription for Schedule III, IV or
V | ||
controlled substances shall not be filled or refilled more than | ||
6 months
after the date thereof or refilled more than 5 times | ||
unless renewed, in
writing, by the prescriber.
| ||
(a-5) Physicians may issue multiple prescriptions (3 | ||
sequential 30-day supplies) for the same Schedule II controlled | ||
substance, authorizing up to a 90-day supply. Before | ||
authorizing a 90-day supply of a Schedule II controlled | ||
substance, the physician must meet both of the following | ||
conditions: | ||
(1) Each separate prescription must be issued for a | ||
legitimate medical purpose by an individual physician | ||
acting in the usual course of professional practice. | ||
(2) The individual physician must provide written | ||
instructions on each prescription (other than the first | ||
prescription, if the prescribing physician intends for the | ||
prescription to be filled immediately) indicating the | ||
earliest date on which a pharmacy may fill that |
prescription. | ||
(b) In lieu of a written prescription required by this | ||
Section, a
pharmacist, in good faith, may dispense Schedule | ||
III, IV, or V
substances to any person either upon receiving a | ||
facsimile of a written,
signed prescription transmitted by the | ||
prescriber or the prescriber's agent
or upon a lawful oral | ||
prescription of a
prescriber which oral prescription shall be | ||
reduced
promptly to
writing by the pharmacist and such written | ||
memorandum thereof shall be
dated on the day when such oral | ||
prescription is received by the
pharmacist and shall bear the | ||
full name and address of the ultimate user
for whom, or of the | ||
owner of the animal for which the controlled
substance is | ||
dispensed, and the full name, address, and registry number
| ||
under the law of the United States relating to controlled | ||
substances of
the prescriber prescribing if he or she is | ||
required by those laws
to be so
registered, and the pharmacist | ||
filling such oral prescription shall
write the date of filling | ||
and his or her own signature on the face of such
written | ||
memorandum thereof. The facsimile copy of the prescription or
| ||
written memorandum of the oral
prescription shall be retained | ||
on file by the proprietor of the pharmacy
in which it is filled | ||
for a period of not less than two years, so as to
be readily | ||
accessible for inspection by any officer or employee engaged
in | ||
the enforcement of this Act in the same manner as a written
| ||
prescription. The facsimile copy of the prescription or oral | ||
prescription
and the written memorandum thereof
shall not be |
filled or refilled more than 6 months after the date
thereof or | ||
be refilled more than 5 times, unless renewed, in writing, by
| ||
the prescriber.
| ||
(c) Except for any non-prescription targeted | ||
methamphetamine precursor regulated by the Methamphetamine | ||
Precursor Control Act, a
controlled substance included in | ||
Schedule V shall not be
distributed or dispensed other than for | ||
a medical purpose and not for
the purpose of evading this Act, | ||
and then:
| ||
(1) only personally by a person registered to dispense | ||
a Schedule V
controlled substance and then only to his or | ||
her patients, or
| ||
(2) only personally by a pharmacist, and then only to a | ||
person over
21 years of age who has identified himself or | ||
herself to the pharmacist by means of
2 positive documents | ||
of identification.
| ||
(3) the dispenser shall record the name and address of | ||
the
purchaser, the name and quantity of the product, the | ||
date and time of
the sale, and the dispenser's signature.
| ||
(4) no person shall purchase or be dispensed more than | ||
120
milliliters or more than 120 grams of any Schedule V | ||
substance which
contains codeine, dihydrocodeine, or any | ||
salts thereof, or
ethylmorphine, or any salts thereof, in | ||
any 96 hour period. The
purchaser shall sign a form, | ||
approved by the Department of Financial and Professional
| ||
Regulation, attesting that he or she has not purchased any |
Schedule V
controlled substances within the immediately | ||
preceding 96 hours.
| ||
(5) (Blank).
| ||
(6) all records of purchases and sales shall be | ||
maintained for not
less than 2 years.
| ||
(7) no person shall obtain or attempt to obtain within | ||
any
consecutive 96 hour period any Schedule V substances of | ||
more than 120
milliliters or more than 120 grams containing | ||
codeine, dihydrocodeine or
any of its salts, or | ||
ethylmorphine or any of its salts. Any person
obtaining any | ||
such preparations or combination of preparations in excess
| ||
of this limitation shall be in unlawful possession of such | ||
controlled
substance.
| ||
(8) a person qualified to dispense controlled | ||
substances under this
Act and registered thereunder shall | ||
at no time maintain or keep in stock
a quantity of Schedule | ||
V controlled substances in excess of 4.5 liters for each
| ||
substance; a pharmacy shall at no time maintain or keep in | ||
stock a
quantity of Schedule V controlled substances as | ||
defined in excess of 4.5
liters for each substance, plus | ||
the additional quantity of controlled
substances necessary | ||
to fill the largest number of prescription orders
filled by | ||
that pharmacy for such controlled substances in any one | ||
week
in the previous year. These limitations shall not | ||
apply to Schedule V
controlled substances which Federal law | ||
prohibits from being dispensed
without a prescription.
|
(9) no person shall distribute or dispense butyl | ||
nitrite for
inhalation or other introduction into the human | ||
body for euphoric or
physical effect.
| ||
(d) Every practitioner shall keep a record or log of | ||
controlled substances
received by him or her and a record of | ||
all such controlled substances
administered, dispensed or | ||
professionally used by him or her otherwise than by
| ||
prescription. It shall, however, be sufficient compliance with | ||
this
paragraph if any practitioner utilizing controlled | ||
substances listed in
Schedules III, IV and V shall keep a | ||
record of all those substances
dispensed and distributed by him | ||
or her other than those controlled substances
which are | ||
administered by the direct application of a controlled
| ||
substance, whether by injection, inhalation, ingestion, or any | ||
other
means to the body of a patient or research subject. A | ||
practitioner who
dispenses, other than by administering, a | ||
controlled substance in
Schedule II, which is a narcotic drug | ||
listed in Section 206 of this Act,
or which contains any | ||
quantity of amphetamine or methamphetamine, their
salts, | ||
optical isomers or salts of optical isomers, pentazocine, or
| ||
methaqualone shall do so only upon
the issuance of a written | ||
prescription blank or electronic prescription issued by a
| ||
prescriber.
| ||
(e) Whenever a manufacturer distributes a controlled | ||
substance in a
package prepared by him or her, and whenever a | ||
wholesale distributor
distributes a controlled substance in a |
package prepared by him or her or the
manufacturer, he or she | ||
shall securely affix to each package in which that
substance is | ||
contained a label showing in legible English the name and
| ||
address of the manufacturer, the distributor and the quantity, | ||
kind and
form of controlled substance contained therein. No | ||
person except a
pharmacist and only for the purposes of filling | ||
a prescription under
this Act, shall alter, deface or remove | ||
any label so affixed.
| ||
(f) Whenever a practitioner dispenses any controlled | ||
substance except a non-prescription Schedule V product or a | ||
non-prescription targeted methamphetamine precursor regulated | ||
by the Methamphetamine Precursor Control Act, he or she
shall | ||
affix to the container in which such substance is sold or
| ||
dispensed, a label indicating the date of initial filling, the | ||
practitioner's
name and address, the name
of the patient, the | ||
name of the prescriber,
the directions
for use and cautionary | ||
statements, if any, contained in any prescription
or required | ||
by law, the proprietary name or names or the established name
| ||
of the controlled substance, and the dosage and quantity, | ||
except as otherwise
authorized by regulation by the Department | ||
of Financial and Professional Regulation. No
person shall | ||
alter, deface or remove any label so affixed as long as the | ||
specific medication remains in the container.
| ||
(g) A person to whom or for whose use any controlled | ||
substance has
been prescribed or dispensed by a practitioner, | ||
or other persons
authorized under this Act, and the owner of |
any animal for which such
substance has been prescribed or | ||
dispensed by a veterinarian, may
lawfully possess such | ||
substance only in the container in which it was
delivered to | ||
him or her by the person dispensing such substance.
| ||
(h) The responsibility for the proper prescribing or | ||
dispensing of
controlled substances that are under the | ||
prescriber's direct control is upon the prescriber. The | ||
responsibility for
the proper filling of a prescription for | ||
controlled substance drugs
rests with the pharmacist. An order | ||
purporting to be a prescription
issued to any individual, which | ||
is not in the regular course of
professional treatment nor part | ||
of an authorized methadone maintenance
program, nor in | ||
legitimate and authorized research instituted by any
| ||
accredited hospital, educational institution, charitable | ||
foundation, or
federal, state or local governmental agency, and | ||
which is intended to
provide that individual with controlled | ||
substances sufficient to
maintain that individual's or any | ||
other individual's physical or
psychological addiction, | ||
habitual or customary use, dependence, or
diversion of that | ||
controlled substance is not a prescription within the
meaning | ||
and intent of this Act; and the person issuing it, shall be
| ||
subject to the penalties provided for violations of the law | ||
relating to
controlled substances.
| ||
(i) A prescriber shall not pre-print preprint or cause to | ||
be
pre-printed preprinted a
prescription for any controlled | ||
substance; nor shall any practitioner
issue, fill or cause to |
be issued or filled, a pre-printed preprinted prescription
for | ||
any controlled substance.
| ||
(i-5) A prescriber may use a machine or electronic device | ||
to individually generate a printed prescription, but the | ||
prescriber is still required to affix his or her manual | ||
signature. | ||
(j) No person shall manufacture, dispense, deliver, | ||
possess with
intent to deliver, prescribe, or administer or | ||
cause to be administered
under his or her direction any | ||
anabolic steroid, for any use in humans other than
the | ||
treatment of disease in accordance with the order of a | ||
physician licensed
to practice medicine in all its branches for | ||
a
valid medical purpose in the course of professional practice. | ||
The use of
anabolic steroids for the purpose of hormonal | ||
manipulation that is intended
to increase muscle mass, strength | ||
or weight without a medical necessity to
do so, or for the | ||
intended purpose of improving physical appearance or
| ||
performance in any form of exercise, sport, or game, is not a | ||
valid medical
purpose or in the course of professional | ||
practice.
| ||
(k) Controlled substances may be mailed if all of the | ||
following conditions are met: | ||
(1) The controlled substances are not outwardly | ||
dangerous and are not likely, of their own force, to cause | ||
injury to a person's life or health. | ||
(2) The inner container of a parcel containing |
controlled substances must be marked and sealed as required | ||
under this Act and its rules, and be placed in a plain | ||
outer container or securely wrapped in plain paper. | ||
(3) If the controlled substances consist of | ||
prescription medicines, the inner container must be | ||
labeled to show the name and address of the pharmacy or | ||
practitioner dispensing the prescription. | ||
(4) The outside wrapper or container must be free of | ||
markings that would indicate the nature of the contents. | ||
(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised | ||
12-10-14.)
| ||
Section 500. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 104-18, 108-4, 109-1, 109-1.1, and | ||
122-2.2 as follows:
| ||
(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| ||
Sec. 104-18. Progress Reports. | ||
(a) The treatment supervisor shall submit
a written | ||
progress report to the court, the State, and the defense:
| ||
(1) At least 7 days prior to the date for any hearing | ||
on the issue of
the defendant's fitness;
| ||
(2) Whenever he believes that the defendant has | ||
attained fitness;
| ||
(3) Whenever he believes that there is not a | ||
substantial probability that
the defendant will attain |
fitness, with treatment, within the time period set in | ||
subsection (e) of Section 104-17 of this Code from
the date | ||
of the original finding of unfitness.
| ||
(b) The progress report shall contain:
| ||
(1) The clinical findings of the treatment supervisor | ||
and the facts upon
which the findings are based;
| ||
(2) The opinion of the treatment supervisor as to | ||
whether the defendant
has attained fitness or as to whether | ||
the defendant is making progress,
under treatment, toward | ||
attaining fitness within the time period set in subsection | ||
(e) of Section 104-17 of this Code from the date
of the | ||
original finding of unfitness;
| ||
(3) If the defendant is receiving medication, | ||
information from the prescribing
physician indicating the | ||
type, the dosage and the effect of the medication
on the | ||
defendant's appearance, actions and demeanor.
| ||
(c) Whenever the court is sent a report from the supervisor | ||
of the defendant's treatment under paragraph (2) of subsection | ||
(a) of this Section, the treatment provider shall arrange with | ||
the court for the return of the defendant to the county jail | ||
before the time frame specified in subsection (a) of Section | ||
104-20 of this Code. | ||
(Source: P.A. 97-1020, eff. 8-17-12; 98-944, eff. 8-15-14; | ||
98-1025, eff. 8-22-14; revised 10-1-14.)
| ||
(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
|
Sec. 108-4. Issuance of search warrant.
| ||
(a) All warrants upon written complaint shall state the | ||
time
and date of issuance and be the warrants of the judge | ||
issuing the same and
not the warrants of the court in which he | ||
or she is then sitting and these warrants
need not bear the | ||
seal of the court or clerk thereof. The complaint on
which the | ||
warrant is issued need not be filed with the clerk of the court
| ||
nor with the court if there is no clerk until the warrant has | ||
been executed
or has been returned "not executed".
| ||
The search warrant upon written complaint may be issued | ||
electronically or
electromagnetically
by use of electronic | ||
mail or a facsimile transmission machine and this warrant shall | ||
have
the same validity as a written search warrant.
| ||
(b) Warrant upon oral testimony.
| ||
(1) General rule. When the offense in connection with
| ||
which a search warrant is sought constitutes terrorism or | ||
any related offense
as defined in Article 29D of the | ||
Criminal Code of 2012, and if the
circumstances make it | ||
reasonable to dispense, in whole or in part, with a
written | ||
affidavit, a judge may issue a warrant based upon sworn | ||
testimony
communicated by telephone or other appropriate | ||
means, including facsimile
transmission.
| ||
(2) Application. The person who is requesting the | ||
warrant shall prepare a
document to be known as a duplicate | ||
original warrant and shall read such
duplicate original | ||
warrant, verbatim, to the judge. The judge shall enter,
|
verbatim, what is so read to the judge on a document to be | ||
known
as the original warrant. The judge may direct that | ||
the warrant be modified.
| ||
(3) Issuance. If the judge is satisfied that the
| ||
offense in connection with which the search warrant is | ||
sought constitutes
terrorism or any related offense as | ||
defined in Article 29D of the Criminal Code
of 2012, that | ||
the circumstances are such as to make it reasonable to | ||
dispense
with a written affidavit, and that grounds for the | ||
application exist or that
there is probable cause to | ||
believe that they exist, the judge shall order the
issuance | ||
of a warrant by directing the person requesting the warrant | ||
to sign
the judge's name on the duplicate original warrant. | ||
The judge shall immediately
sign the original warrant and | ||
enter on the face of the original warrant the
exact time | ||
when the warrant was ordered to be issued. The finding of | ||
probable
cause for a warrant upon oral testimony may be | ||
based on the same kind of
evidence as is sufficient for a | ||
warrant upon affidavit.
| ||
(4) Recording and certification of testimony. When a
| ||
caller informs the judge that the purpose of the call is to | ||
request a warrant,
the judge shall immediately place under | ||
oath each person whose testimony forms
a basis of the | ||
application and each person applying for that warrant. If a
| ||
voice recording device is available, the judge shall record | ||
by means of the
device all of the call after the caller |
informs the judge that the purpose of
the call is to | ||
request a warrant, otherwise a stenographic or longhand | ||
verbatim
record shall be made. If a voice recording device | ||
is used or a stenographic
record made, the judge shall have | ||
the record transcribed, shall certify the
accuracy of the | ||
transcription, and shall file a copy of the original record | ||
and
the transcription with the court. If a longhand | ||
verbatim record is made, the
judge shall file a signed copy | ||
with the court.
| ||
(5) Contents. The contents of a warrant upon oral
| ||
testimony shall be the same as the contents of a warrant | ||
upon affidavit.
| ||
(6) Additional rule for execution. The person who
| ||
executes the warrant shall enter the exact time of | ||
execution on the face of the
duplicate original warrant.
| ||
(7) Motion to suppress based on failure to obtain a | ||
written affidavit.
Evidence obtained pursuant to a warrant | ||
issued under this subsection (b) is not
subject to a motion | ||
to suppress on the ground that the circumstances were not
| ||
such as to make it reasonable to dispense with a written | ||
affidavit, absent a
finding of bad faith. All other grounds | ||
to move to suppress are preserved.
| ||
(8) This subsection (b) is inoperative on and after | ||
January 1, 2005.
| ||
(9) No evidence obtained pursuant to this subsection | ||
(b) shall be
inadmissible in a court of law by virtue of |
subdivision (8).
| ||
(c) Warrant upon testimony by simultaneous video and audio | ||
transmission. | ||
(1) General rule. When a search warrant is sought and | ||
the request is made by electronic means that has a | ||
simultaneous video and audio transmission between the | ||
requestor and a judge, the judge may issue a search warrant | ||
based upon sworn testimony communicated in the | ||
transmission. | ||
(2) Application. The requestor shall prepare a | ||
document to be known as a duplicate original warrant, and | ||
(A) if circumstances allow, the requestor shall | ||
transmit a copy of the warrant together with a | ||
complaint for search warrant to the judge by facsimile, | ||
email, or other reliable electronic means; or | ||
(B) if circumstances make transmission under | ||
subparagraph (A) of this paragraph (2) impracticable, | ||
the requestor shall read the duplicate original | ||
warrant, verbatim, to the judge after being
placed | ||
under oath as provided in paragraph (4) of this | ||
subsection (c). The judge shall enter, verbatim, what | ||
is so read to the judge on a document in the judge's | ||
possession. | ||
Under both subparagraphs (A) and (B), the document in | ||
possession of the judge shall be known as the original | ||
warrant. The judge may direct that the warrant be modified. |
(3) Issuance. If the judge is satisfied that grounds | ||
for the application exist or that there is probable cause | ||
to believe that grounds exist, the judge shall order the | ||
issuance of a warrant by directing the requestor to sign | ||
the judge's name on the duplicate original warrant, place | ||
the requestor's initials below the judge's name, and enter | ||
on the face of the duplicate original warrant the exact | ||
date and time when the warrant was ordered to be issued. | ||
The judge shall immediately sign the original warrant and | ||
enter on the face of the original warrant the exact date | ||
and time when the warrant was ordered to be issued. The | ||
finding of probable cause for a warrant under this | ||
subsection (c) may be based on the same kind of evidence as | ||
is sufficient for a warrant under subsection (a). | ||
(4) Recording and certification of testimony. When a | ||
requestor initiates a request for search warrant under this | ||
subsection (c), and after the requestor informs the judge | ||
that the purpose of the communication is to request a | ||
warrant, the judge shall place under oath each person whose | ||
testimony forms a basis of the application and each person | ||
applying for that warrant. A record of the facts upon which | ||
the judge based his or her decision to issue a warrant must | ||
be made and filed with the court, together with the | ||
original warrant. | ||
(A) When the requestor has provided the judge with | ||
a written complaint for search warrant under |
subparagraph (A) of paragraph (2) of this subsection | ||
(c) and the judge has sworn the complainant to the | ||
facts contained in the complaint for search warrant but | ||
has taken no other oral testimony from any person that | ||
is essential to establishing probable cause, the judge | ||
must acknowledge the attestation in writing on the | ||
complaint and file this acknowledged complaint with | ||
the court. | ||
(B) When the requestor has not provided the judge | ||
with a written complaint for search warrant, or when | ||
the judge has taken oral testimony essential to | ||
establishing probable cause not contained in the | ||
written complaint for search warrant, the essential | ||
facts in the oral testimony that form the basis of the | ||
judge's decision to issue the warrant shall be included | ||
in the record together with the written complaint, if | ||
any. If a recording device is used or a stenographic | ||
record is made, the judge shall have the record | ||
transcribed, shall certify the accuracy of the | ||
transcription, and shall file a copy of the original | ||
record and the transcription with the court. If a | ||
longhand record is made, the judge shall file a signed | ||
copy with the court. | ||
The material to be filed need not be filed until the | ||
warrant has been executed or has been returned "not | ||
executed". |
(5) Contents. The contents of a warrant under this | ||
subsection (c) shall be the same as the contents of a | ||
warrant upon affidavit. A warrant under this subsection is | ||
a warrant of the judge issuing the same and not the warrant | ||
of the court in which he or she is then sitting and these | ||
warrants need not bear the seal of the court or the clerk | ||
of the court. | ||
(6) Additional rule for execution. The person who | ||
executes the warrant shall enter the exact time of | ||
execution on the face of the duplicate original warrant. | ||
(7) Motion to suppress based on failure to obtain a | ||
written affidavit. Evidence obtained under a warrant | ||
issued under this subsection (c) is not subject to a motion | ||
to suppress on the ground that the circumstances were not | ||
such as to make it reasonable to dispense with a written | ||
affidavit, absent a finding of bad faith. All other grounds | ||
to move to suppress are preserved. | ||
(d) The Chief Judge of the circuit court or presiding judge | ||
in the issuing jurisdiction shall, by local rule, create a | ||
standard practice for the filing or other retention of | ||
documents or recordings produced under this Section. | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-829, eff. 8-1-14; | ||
98-905, eff. 1-1-15; revised 10-1-14.)
| ||
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||
Sec. 109-1. Person arrested.
|
(a) A person arrested with or without a warrant shall be | ||
taken without
unnecessary delay before the nearest and most | ||
accessible judge
in that county, except when such county is a | ||
participant in a
regional jail authority, in which event such | ||
person may be taken to the
nearest and most accessible judge, | ||
irrespective of the county where such
judge presides,
and a | ||
charge shall be filed.
Whenever a person arrested either with | ||
or without a warrant is required
to be taken
before a judge, a | ||
charge
may be filed against such person by way of a two-way | ||
closed circuit
television system, except that a hearing to deny | ||
bail to the defendant may
not be conducted by way of closed | ||
circuit television.
| ||
(b) The judge shall:
| ||
(1) Inform the defendant of the charge against him and | ||
shall provide him
with a copy of the charge;
| ||
(2) Advise the defendant of his right to counsel and if | ||
indigent shall
appoint a public defender or licensed | ||
attorney at law of this State to
represent him in | ||
accordance with the provisions of Section 113-3 of this
| ||
Code;
| ||
(3) Schedule a preliminary hearing in appropriate | ||
cases;
| ||
(4) Admit the defendant to bail in accordance with the | ||
provisions of
Article 110 of this Code; and
| ||
(5) Order the confiscation of the person's passport or | ||
impose travel restrictions on a defendant arrested for |
first degree murder or other violent crime as defined in | ||
Section 3 of the Rights of Crime Victims and Witnesses Act, | ||
if the judge determines , based on the factors in Section | ||
110-5 of this Code, that this will reasonably ensure assure | ||
the appearance of the defendant and compliance by the | ||
defendant with all conditions of release. | ||
(c) The court may issue an order of protection in | ||
accordance with
the provisions of Article 112A of this Code.
| ||
(Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14; | ||
revised 12-10-14.)
| ||
(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
| ||
Sec. 109-1.1.
(1) Whenever a person arrested either with or | ||
without a
warrant is taken before a judge as provided for in | ||
Sections 107-9(d)(6)
and 109-1(a), the judge shall ask the | ||
arrestee whether he or she has any
children under 18 years old | ||
living with him or her
who may be neglected as a result of the | ||
arrest, incarceration or otherwise.
If the judge has reasonable | ||
cause to believe that a child may be a neglected
child as | ||
defined in the Abused and Neglected Child Care Reporting Act, | ||
he
shall instruct a probation officer to report it immediately | ||
to the Department
of Children and Family Services as provided | ||
in that Act.
| ||
(Source: P.A. 82-228; revised 12-10-14.)
| ||
(725 ILCS 5/122-2.2)
|
Sec. 122-2.2. Intellectual disability and post-conviction | ||
relief.
| ||
(a) In cases where no determination of an intellectual | ||
disability was made and a
defendant has been convicted of | ||
first-degree
murder, sentenced to death, and is in custody | ||
pending execution of the
sentence of death, the following | ||
procedures shall apply:
| ||
(1) Notwithstanding any other provision of law or rule | ||
of court, a
defendant may seek relief from the death | ||
sentence through a petition for
post-conviction relief | ||
under this Article alleging that the defendant was | ||
intellectually disabled
as defined in Section 114-15 at the | ||
time the offense was
alleged to have been
committed.
| ||
(2) The petition must be filed within 180 days of the | ||
effective date of
this
amendatory Act of the 93rd General | ||
Assembly or within 180 days of the
issuance of the mandate | ||
by the Illinois Supreme Court setting the date of
| ||
execution, whichever is later.
| ||
(b) (3) All other provisions of this Article governing | ||
petitions for
post-conviction relief shall apply to a petition | ||
for post-conviction relief
alleging an intellectual | ||
disability.
| ||
(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.) | ||
Section 505. The State Appellate Defender Act is amended by | ||
changing Section 10 as follows:
|
(725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||
Sec. 10. Powers and duties of State Appellate Defender.
| ||
(a) The State Appellate Defender shall represent indigent | ||
persons on
appeal in criminal and delinquent minor proceedings, | ||
when appointed to do so by
a court under a Supreme Court Rule | ||
or law of this State.
| ||
(b) The State Appellate Defender shall submit a budget for | ||
the
approval of the State Appellate Defender Commission.
| ||
(c) The State Appellate Defender may:
| ||
(1) maintain a panel of private attorneys available to | ||
serve as
counsel on a case basis;
| ||
(2) establish programs, alone or in conjunction with | ||
law schools,
for the purpose of utilizing volunteer law | ||
students as legal assistants;
| ||
(3) cooperate and consult with state agencies, | ||
professional
associations, and other groups concerning the | ||
causes of criminal
conduct, the rehabilitation and | ||
correction of persons charged with and
convicted of crime, | ||
the administration of criminal justice, and, in
counties of | ||
less than 1,000,000 population, study, design, develop and
| ||
implement model systems for the delivery of trial level | ||
defender
services, and make an annual report to the General | ||
Assembly;
| ||
(4) hire investigators to provide investigative | ||
services to appointed counsel and county
public defenders;
|
(5) (blank); (Blank.)
| ||
(5.5) provide training to county public defenders; | ||
(5.7) provide county public defenders with the | ||
assistance of expert witnesses and investigators from | ||
funds appropriated to the State Appellate Defender | ||
specifically for that purpose by the General Assembly. The | ||
Office of the State Appellate Defender shall not be | ||
appointed to act as trial counsel; | ||
(6) develop a Juvenile Defender Resource Center to:
(i) | ||
study, design, develop, and implement model systems for the | ||
delivery of trial level defender services for juveniles in | ||
the justice system; (ii) in cases in which a sentence of | ||
incarceration or an adult sentence, or both, is an | ||
authorized disposition, provide trial counsel with legal | ||
advice and the assistance of expert witnesses and | ||
investigators from funds appropriated to the Office of the | ||
State Appellate Defender by the General Assembly | ||
specifically for that purpose; (iii) develop and provide | ||
training to public defenders on juvenile justice issues, | ||
utilizing resources including the State and local bar | ||
associations, the Illinois Public Defender Association, | ||
law schools, the Midwest Juvenile Defender Center, and pro | ||
bono efforts by law firms; and
(iv) make an annual report | ||
to the General Assembly. | ||
(d) (Blank . ) .
| ||
(e) The requirement for reporting to the General Assembly |
shall be
satisfied
by filing copies of the report with the | ||
Speaker, the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research
Unit, as | ||
required by Section 3.1 of the General Assembly Organization
| ||
Act and filing such additional copies with the State Government | ||
Report
Distribution Center for
the General Assembly as is | ||
required under paragraph (t) of Section 7 of the
State Library | ||
Act.
| ||
(Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12; | ||
revised 12-10-14.)
| ||
Section 510. The Gang Crime
Witness
Protection Act of 2013 | ||
is amended by changing Section 15 as follows: | ||
(725 ILCS 173/15)
| ||
Sec. 15. Funding. The Illinois Criminal Justice | ||
Information Authority, in consultation with
the Attorney | ||
General, shall adopt rules for the implementation of the Gang
| ||
Crime Witness Protection Program. Assistance shall be subject | ||
to the following
limitations:
| ||
(a) Funds shall be limited to payment of the following:
| ||
(1) temporary living costs;
| ||
(2) moving expenses;
| ||
(3) rent;
| ||
(4) security deposits; and
|
(5) other appropriate expenses of relocation or | ||
transition;
| ||
(b) Approval of applications made by State's Attorneys | ||
shall be
conditioned upon county funding for costs at a | ||
level of at least 25%, unless
this requirement is waived by | ||
the administrator, in accordance with adopted
rules, for | ||
good cause shown;
| ||
(c) Counties providing assistance consistent with the | ||
limitations in this
Act may apply for reimbursement of up | ||
to 75% of their costs; and
| ||
(d) No more than 50% of funding available in any given | ||
fiscal year may be
used for costs associated with any | ||
single county ; and .
| ||
(e) Before the Illinois Criminal Justice Information | ||
Authority distributes moneys from the Gang Crime Witness | ||
Protection Program Fund as provided in this Section, it | ||
shall retain 2% of those moneys for administrative | ||
purposes.
| ||
(Source: P.A. 98-58, eff. 7-8-13; revised 12-10-14.) | ||
Section 515. The Unified Code of Corrections is amended by | ||
changing Sections 3-2.7-25, 3-2.7-50, 3-10-2, 5-6-1, 5-6-2, | ||
and 5-6-3.1 as follows: | ||
(730 ILCS 5/3-2.7-25) | ||
Sec. 3-2.7-25. Duties and powers. |
(a) The Independent Juvenile Ombudsman shall function | ||
independently within the Department of Juvenile Justice with | ||
respect to the operations of the Office in performance of his | ||
or her duties under this Article and shall report to the | ||
Governor. The Ombudsman shall adopt rules and standards as may | ||
be
necessary or desirable to carry out his or her duties. | ||
Funding
for the Office shall be designated separately within
| ||
Department funds. The Department shall provide necessary | ||
administrative services and facilities to the Office of the | ||
Independent Juvenile Ombudsman. | ||
(b) The Office of Independent Juvenile Ombudsman shall have
| ||
the following duties: | ||
(1) review and monitor the implementation of the rules
| ||
and standards established by the Department of Juvenile
| ||
Justice and evaluate the delivery of services to youth to
| ||
ensure that the rights of youth are fully observed; | ||
(2) provide assistance to a youth or family whom who | ||
the
Ombudsman determines is in need of assistance, | ||
including
advocating with an agency, provider, or other | ||
person in the
best interests of the youth; | ||
(3) investigate and attempt to resolve complaints made | ||
by or on behalf of youth, other than
complaints alleging | ||
criminal behavior or violations of the State Officials and | ||
Employees Employee Ethics Act, if the Office
determines | ||
that the investigation and resolution would further the | ||
purpose of the Office, and: |
(A) a youth committed to the Department of Juvenile
| ||
Justice or the youth's family is in need of
assistance | ||
from the Office; or | ||
(B) a systemic issue in the Department of Juvenile
| ||
Justice's provision of services is raised by a
| ||
complaint; | ||
(4) review or inspect periodically the facilities and
| ||
procedures of any facility in which a youth has been placed
| ||
by the Department of Juvenile Justice to ensure that the
| ||
rights of youth are fully observed; and | ||
(5) be accessible to and meet confidentially and
| ||
regularly with youth committed to the Department and serve
| ||
as a resource by informing them of pertinent laws,
rules, | ||
and policies, and their rights thereunder. | ||
(c) The following cases shall be reported immediately to
| ||
the Director of Juvenile Justice and the Governor: | ||
(1) cases of severe abuse or injury of a youth; | ||
(2) serious misconduct, misfeasance, malfeasance, or
| ||
serious violations of policies and procedures concerning
| ||
the administration of a Department of Juvenile Justice
| ||
program or operation; | ||
(3) serious problems concerning the delivery of | ||
services in a facility operated by or under contract with
| ||
the Department of Juvenile Justice; | ||
(4) interference by the Department of Juvenile Justice
| ||
with an investigation conducted by the Office; and |
(5) other cases as deemed necessary by the Ombudsman. | ||
(d) Notwithstanding any other provision of law, the
| ||
Ombudsman may not investigate alleged criminal behavior or | ||
violations of the State Officials and Employees Ethics Act. If | ||
the
Ombudsman determines that a possible criminal act has been
| ||
committed, or that special expertise is required in the
| ||
investigation, he or she shall immediately notify the
| ||
Department of State Police. If the Ombudsman determines that a | ||
possible violation of the State Officials and Employees Ethics | ||
Act has occurred, he or she shall immediately refer the | ||
incident to the Office of the Governor's Executive Inspector | ||
General for investigation. If the Ombudsman receives a | ||
complaint from a youth or third party regarding suspected abuse | ||
or neglect of a child, the Ombudsman shall refer the incident | ||
to the Child Abuse and Neglect Hotline or to the State Police | ||
as mandated by the Abused and Neglected Child Reporting Act. | ||
Any investigation conducted by the
Ombudsman shall not be | ||
duplicative and shall be separate from
any investigation | ||
mandated by the Abused and Neglected Child
Reporting Act.
All | ||
investigations conducted by the Ombudsman shall be
conducted in | ||
a manner designed to ensure the preservation of
evidence for | ||
possible use in a criminal prosecution. | ||
(e) In performance of his or her duties, the
Ombudsman may: | ||
(1) review court files of youth; | ||
(2) recommend policies, rules, and legislation
| ||
designed to protect youth; |
(3) make appropriate referrals under any of the duties
| ||
and powers listed in this Section; | ||
(4) attend internal administrative and disciplinary | ||
hearings to ensure the rights of youth are fully observed
| ||
and advocate for the best interest of youth when deemed
| ||
necessary; and | ||
(5) perform other acts, otherwise permitted or | ||
required by law, in furtherance of the purpose of the | ||
Office. | ||
(f) To assess if a youth's rights have been violated, the
| ||
Ombudsman may, in any matter that does not involve alleged
| ||
criminal behavior, contact or consult with an administrator,
| ||
employee, youth, parent, expert, or any other individual in the
| ||
course of his or her investigation or to secure information as
| ||
necessary to fulfill his or her duties.
| ||
(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.) | ||
(730 ILCS 5/3-2.7-50) | ||
Sec. 3-2.7-50. Promotion and awareness of Office. The | ||
Independent Juvenile Ombudsman shall promote awareness among | ||
the public and youth of: | ||
(1) the rights of youth committed to the Department; | ||
(2) the purpose of the Office; | ||
(3) how the Office may be contacted; | ||
(4) the confidential nature of communications; and | ||
(5) the services the Office provides.
|
(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)
| ||
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||
Sec. 3-10-2. Examination of Persons Committed to the | ||
Department of Juvenile Justice.
| ||
(a) A person committed to the Department of Juvenile | ||
Justice shall be examined in
regard to his medical, | ||
psychological, social, educational and vocational
condition | ||
and history, including the use of alcohol and other drugs,
the | ||
circumstances of his offense and any other
information as the | ||
Department of Juvenile Justice may determine.
| ||
(a-5) Upon admission of a person committed to the | ||
Department of Juvenile Justice, the Department of Juvenile | ||
Justice must provide the person with appropriate information | ||
concerning HIV and AIDS in writing, verbally, or by video or | ||
other electronic means. The Department of Juvenile Justice | ||
shall develop the informational materials in consultation with | ||
the Department of Public Health. At the same time, the | ||
Department of Juvenile Justice also must offer the person the | ||
option of being tested, at no charge to the person, for | ||
infection with human immunodeficiency virus (HIV). Pre-test | ||
information shall be provided to the committed person and | ||
informed consent obtained as required in subsection (q) of | ||
Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||
Department of Juvenile Justice may conduct opt-out HIV testing | ||
as defined in Section 4 of the AIDS Confidentiality Act. If the |
Department conducts opt-out HIV testing, the Department shall | ||
place signs in English, Spanish and other languages as needed | ||
in multiple, highly visible locations in the area where HIV | ||
testing is conducted informing inmates that they will be tested | ||
for HIV unless they refuse, and refusal or acceptance of | ||
testing shall be documented in the inmate's medical record. The | ||
Department shall follow procedures established by the | ||
Department of Public Health to conduct HIV testing and testing | ||
to confirm positive HIV test results. All testing must be | ||
conducted by medical personnel, but pre-test and other | ||
information may be provided by committed persons who have | ||
received appropriate training. The Department, in conjunction | ||
with the Department of Public Health, shall develop a plan that | ||
complies with the AIDS Confidentiality Act to deliver | ||
confidentially all positive or negative HIV test results to | ||
inmates or former inmates. Nothing in this Section shall | ||
require the Department to offer HIV testing to an inmate who is | ||
known to be infected with HIV, or who has been tested for HIV | ||
within the previous 180 days and whose documented HIV test | ||
result is available to the Department electronically. The
| ||
testing provided under this subsection (a-5) shall consist of a | ||
test approved by the Illinois Department of Public Health to | ||
determine the presence of HIV infection, based upon | ||
recommendations of the United States Centers for Disease | ||
Control and Prevention. If the test result is positive, a | ||
reliable supplemental test based upon recommendations of the |
United States Centers for Disease Control and Prevention shall | ||
be
administered. | ||
Also upon admission of a person committed to the Department | ||
of Juvenile Justice, the Department of Juvenile Justice must | ||
inform the person of the Department's obligation to provide the | ||
person with medical care.
| ||
(b) Based on its examination, the Department of Juvenile | ||
Justice may exercise the following
powers in developing a | ||
treatment program of any person committed to the Department of | ||
Juvenile Justice:
| ||
(1) Require participation by him in vocational, | ||
physical, educational
and corrective training and | ||
activities to return him to the community.
| ||
(2) Place him in any institution or facility of the | ||
Department of Juvenile Justice.
| ||
(3) Order replacement or referral to the Parole and | ||
Pardon Board as
often as it deems desirable. The Department | ||
of Juvenile Justice shall refer the person to the
Parole | ||
and Pardon Board as required under Section 3-3-4.
| ||
(4) Enter into agreements with the Secretary of Human | ||
Services and
the Director of Children and Family
Services, | ||
with courts having probation officers, and with private | ||
agencies
or institutions for separate care or special | ||
treatment of persons subject
to the control of the | ||
Department of Juvenile Justice.
| ||
(c) The Department of Juvenile Justice shall make periodic |
reexamination of all persons
under the control of the | ||
Department of Juvenile Justice to determine whether existing
| ||
orders in individual cases should be modified or continued. | ||
This
examination shall be made with respect to every person at | ||
least once
annually.
| ||
(d) A record of the treatment decision including any | ||
modification
thereof and the reason therefor, shall be part of | ||
the committed person's
master record file.
| ||
(e) The Department of Juvenile Justice shall by certified | ||
mail and telephone or electronic message
notify the parent, | ||
guardian or nearest relative of any person committed to
the | ||
Department of Juvenile Justice of his or her physical location | ||
and any change thereof.
| ||
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | ||
97-813, eff. 7-13-12; 98-689, eff. 1-1-15; 98-1046, eff. | ||
1-1-15; revised 10-1-14.)
| ||
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||
Sec. 5-6-1. Sentences of Probation and of Conditional
| ||
Discharge and Disposition of Supervision.
The General Assembly | ||
finds that in order to protect the public, the
criminal justice | ||
system must compel compliance with the conditions of probation
| ||
by responding to violations with swift, certain and fair | ||
punishments and
intermediate sanctions. The Chief Judge of each | ||
circuit shall adopt a system of
structured, intermediate | ||
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
| ||
supervision.
| ||
(a) Except where specifically prohibited by other
| ||
provisions of this Code, the court shall impose a sentence
of | ||
probation or conditional discharge upon an offender
unless, | ||
having regard to the nature and circumstance of
the offense, | ||
and to the history, character and condition
of the offender, | ||
the court is of the opinion that:
| ||
(1) his imprisonment or periodic imprisonment is | ||
necessary
for the protection of the public; or
| ||
(2) probation or conditional discharge would deprecate
| ||
the seriousness of the offender's conduct and would be
| ||
inconsistent with the ends of justice; or
| ||
(3) a combination of imprisonment with concurrent or | ||
consecutive probation when an offender has been admitted | ||
into a drug court program under Section 20 of the Drug | ||
Court Treatment Act is necessary for the protection of the | ||
public and for the rehabilitation of the offender.
| ||
The court shall impose as a condition of a sentence of | ||
probation,
conditional discharge, or supervision, that the | ||
probation agency may invoke any
sanction from the list of | ||
intermediate sanctions adopted by the chief judge of
the | ||
circuit court for violations of the terms and conditions of the | ||
sentence of
probation, conditional discharge, or supervision, | ||
subject to the provisions of
Section 5-6-4 of this Act.
| ||
(b) The court may impose a sentence of conditional
|
discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
| ||
(b-1) Subsections (a) and (b) of this Section do not apply | ||
to a defendant charged with a misdemeanor or felony under the | ||
Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
defendant within the past 12 months has been convicted of or | ||
pleaded guilty to a misdemeanor or felony under the Illinois | ||
Vehicle Code or reckless homicide under Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012. | ||
(c) The court may, upon a plea of guilty or a stipulation
| ||
by the defendant of the facts supporting the charge or a
| ||
finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A | ||
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||
paragraph (1) through (5), (8), (10), and (11) of subsection | ||
(a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||
Act; or (iii)
a felony.
If the defendant
is not barred from | ||
receiving an order for supervision as provided in this
| ||
subsection, the court may enter an order for supervision after |
considering the
circumstances of the offense, and the history,
| ||
character and condition of the offender, if the court is of the | ||
opinion
that:
| ||
(1) the offender is not likely to commit further | ||
crimes;
| ||
(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
| ||
(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
| ||
(c-5) Subsections (a), (b), and (c) of this Section do not | ||
apply to a defendant charged with a second or subsequent | ||
violation of Section 6-303 of the Illinois Vehicle Code | ||
committed while his or her driver's license, permit or | ||
privileges were revoked because of a violation of Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
| ||
(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
|
(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
| ||
(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
| ||
The court shall consider the statement of the prosecuting
| ||
authority with regard to the standards set forth in this | ||
Section.
| ||
(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16-25 or 16A-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||
defendant has within the last 5 years been:
| ||
(1) convicted for a violation of Section 16-25 or 16A-3 | ||
of the Criminal Code of
1961 or the Criminal Code of 2012; | ||
or
| ||
(2) assigned supervision for a violation of Section | ||
16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||
Code of 2012.
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
|
(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance.
| ||
(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
| ||
(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||
Code or a similar provision of a local
ordinance.
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
| ||
(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
| ||
(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
| ||
Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
| ||
(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
| ||
(h-1) The provisions of paragraph (c) shall not apply to a | ||
defendant under the age of 21 years charged with an offense | ||
against traffic regulations governing the movement of vehicles | ||
or any violation of Section 6-107 or Section 12-603.1 of the | ||
Illinois Vehicle Code, unless the defendant, upon payment of | ||
the fines, penalties, and costs provided by law, agrees to | ||
attend and successfully complete a traffic safety program | ||
approved by the court under standards set by the Conference of | ||
Chief Circuit Judges. The accused shall be responsible for | ||
payment of any traffic safety program fees. If the accused | ||
fails to file a certificate of successful completion on or | ||
before the termination date of the supervision order, the |
supervision shall be summarily revoked and conviction entered. | ||
The provisions of Supreme Court Rule 402 relating to pleas of | ||
guilty do not apply in cases when a defendant enters a guilty | ||
plea under this provision.
| ||
(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
| ||
provision of a local ordinance.
| ||
(j) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance or a | ||
violation of
Section 11-501.1 or paragraph (b) of Section | ||
11-401 of the Illinois Vehicle
Code if the
defendant has within | ||
the last 10 years been:
| ||
(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance. | ||
(k) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance that | ||
governs the movement of vehicles if, within the 12 months | ||
preceding the date of the defendant's arrest, the defendant has | ||
been assigned court supervision on 2 occasions for a violation | ||
that governs the movement of vehicles under the Illinois | ||
Vehicle Code or a similar provision of a local ordinance.
The | ||
provisions of this paragraph (k) do not apply to a defendant | ||
charged with violating Section 11-501 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance.
| ||
(l) A defendant charged with violating any provision of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance who receives a disposition of supervision under | ||
subsection (c) shall pay an additional fee of $29, to be | ||
collected as provided in Sections 27.5 and 27.6 of the Clerks | ||
of Courts Act. In addition to the $29 fee, the person shall | ||
also pay a fee of $6, which, if not waived by the court, shall | ||
be collected as provided in Sections 27.5 and 27.6 of the | ||
Clerks of Courts Act. The $29 fee shall be disbursed as | ||
provided in Section 16-104c of the Illinois Vehicle Code. If | ||
the $6 fee is collected, $5.50 of the fee shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
created by the Clerk of the Circuit Court and 50 cents of the | ||
fee shall be deposited into the Prisoner Review Board Vehicle | ||
and Equipment Fund in the State treasury.
| ||
(m) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (m) becomes inoperative on January 1, 2020.
| ||
(n)
The provisions of paragraph (c) shall not apply to any | ||
person under the age of 18 who commits an offense against | ||
traffic regulations governing the movement of vehicles or any | ||
violation of Section 6-107 or Section 12-603.1 of the Illinois | ||
Vehicle Code, except upon personal appearance of the defendant | ||
in court and upon the written consent of the defendant's parent | ||
or legal guardian, executed before the presiding judge. The | ||
presiding judge shall have the authority to waive this | ||
requirement upon the showing of good cause by the defendant.
| ||
(o)
The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance when | ||
the suspension was for a violation of Section 11-501.1 of the | ||
Illinois Vehicle Code and when: | ||
(1) at the time of the violation of Section 11-501.1 of | ||
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code and the defendant failed to obtain a monitoring device | ||
driving permit; or | ||
(2) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code, had subsequently obtained a monitoring device | ||
driving permit, but was driving a vehicle not equipped with | ||
a breath alcohol ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois Vehicle Code.
| ||
(p) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating Section 11-601.5 of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance. | ||
(q) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating subsection (b) of Section | ||
11-601 of the Illinois Vehicle Code when the defendant was | ||
operating a vehicle, in an urban district, at a speed in excess | ||
of 25 miles per hour over the posted speed limit. | ||
(r) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating any provision of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance if the | ||
violation was the proximate cause of the death of another and | ||
the defendant's driving abstract contains a prior conviction or | ||
disposition of court supervision for any violation of the | ||
Illinois Vehicle Code, other than an equipment violation, or a | ||
suspension, revocation, or cancellation of the driver's | ||
license. | ||
(s) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating subsection (i) of Section 70 |
of the Firearm Concealed Carry Act. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||
97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | ||
1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899, | ||
eff. 8-15-14; revised 10-1-14.)
| ||
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
| ||
Sec. 5-6-2. Incidents of Probation and of Conditional | ||
Discharge.
| ||
(a) When an offender is sentenced to probation or | ||
conditional discharge,
the court shall impose a period as | ||
provided in Article 4.5 of Chapter V, and
shall specify the | ||
conditions under Section 5-6-3.
| ||
(b) Multiple terms of probation imposed at the same time | ||
shall run
concurrently.
| ||
(c) The court may at any time terminate probation or | ||
conditional
discharge if warranted by the conduct of the | ||
offender and the ends of
justice, as provided in Section 5-6-4.
| ||
(c-1) For purposes of this subsection (c-1), a "violent | ||
offense" means an offense in which bodily harm is inflicted or | ||
force is used against any person or threatened against any | ||
person; an offense involving sexual conduct, sexual | ||
penetration, or sexual exploitation; an offense involving | ||
domestic violence; an offense of domestic battery, violation of | ||
an order of protection, stalking, or hate crime; an offense of | ||
driving under the influence of drugs or alcohol; or an offense |
involving the possession of a firearm or dangerous weapon. An | ||
offender, other than an offender sentenced on a violent | ||
offense, shall be entitled to a time credit toward the | ||
completion of the offender's probation or conditional | ||
discharge as follows: | ||
(1) For obtaining a high school diploma or GED: 90 | ||
days. | ||
(2) For obtaining an associate's degree, career | ||
certificate, or vocational technical certification: 120 | ||
days. | ||
(3) For obtaining a bachelor's degree: 180 days. | ||
An offender's supervising officer shall promptly and as | ||
soon as practicable notify the court of the offender's right to | ||
time credits under this subsection (c-1). Upon receipt of this | ||
notification, the court shall enter an order modifying the | ||
offender's remaining period of probation or conditional | ||
discharge to reflect the time credit earned. If, before the | ||
expiration of the original period or a reduced period of | ||
probation or conditional discharge, the court, after a hearing | ||
under Section 5-6-4 of this Code, finds that an offender | ||
violated one or more conditions of probation or conditional | ||
discharge, the court may order that some or all of the time | ||
credit to which the offender is entitled under this Section be | ||
forfeited. | ||
(d) Upon the expiration or termination of the period of | ||
probation or
of conditional discharge, the court shall enter an |
order discharging the
offender.
| ||
(e) The court may extend any period of probation or | ||
conditional
discharge beyond the limits set forth in Article | ||
4.5 of Chapter V
upon
a violation of a condition of the | ||
probation or conditional discharge, for the
payment of an | ||
assessment required by Section 10.3 of the
Cannabis Control | ||
Act, Section 411.2 of the Illinois Controlled
Substances Act, | ||
or Section 80 of the Methamphetamine Control and Community | ||
Protection Act, or for the payment of restitution as
provided | ||
by an order of restitution under Section 5-5-6 of this Code. | ||
(e-5) If payment of restitution as ordered has not been | ||
made, the victim shall file a
petition notifying the sentencing | ||
court, any other person to whom restitution is owed, and
the | ||
State's Attorney of the status of the ordered restitution | ||
payments unpaid at least 90
days before the probation or | ||
conditional discharge expiration date. If payment as ordered | ||
has not been made, the
court shall hold a review hearing prior | ||
to the expiration date, unless the hearing
is voluntarily | ||
waived by the defendant with the knowledge that waiver may | ||
result in an
extension of the probation or conditional | ||
discharge period or in a revocation of probation or conditional | ||
discharge. If the court does not
extend probation or | ||
conditional discharge, it shall issue a judgment for the unpaid | ||
restitution and direct the clerk
of the circuit court to file | ||
and enter the judgment in the judgment and lien docket, without
| ||
fee, unless it finds that the victim has recovered a judgment |
against the
defendant for the amount covered by the restitution | ||
order. If the court issues a
judgment for the unpaid | ||
restitution, the court shall send to the defendant at his or | ||
her last known
address written notification that a civil | ||
judgment has been issued for the unpaid
restitution. | ||
(f) The court may impose a term of probation that is | ||
concurrent or consecutive to a term of imprisonment so long as | ||
the maximum term imposed does not exceed the maximum term | ||
provided under Article 4.5 of Chapter V or Article 8 of this | ||
Chapter. The court may provide that probation may commence | ||
while an offender is on mandatory supervised release, | ||
participating in a day release program, or being monitored by | ||
an electronic monitoring device.
| ||
(g) The court may extend a term of probation or conditional | ||
discharge that was concurrent to, consecutive to, or otherwise | ||
interrupted by a term of imprisonment for the purpose of | ||
providing additional time to complete an order of restitution. | ||
(Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15; | ||
98-1114, eff. 8-26-14; revised 10-1-14.)
| ||
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||
(a) When a defendant is placed on supervision, the court | ||
shall enter
an order for supervision specifying the period of | ||
such supervision, and
shall defer further proceedings in the | ||
case until the conclusion of the
period.
|
(b) The period of supervision shall be reasonable under all | ||
of the
circumstances of the case, but may not be longer than 2 | ||
years, unless the
defendant has failed to pay the assessment | ||
required by Section 10.3 of the
Cannabis Control Act,
Section | ||
411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||
of the Methamphetamine Control and Community Protection Act, in | ||
which case the court may extend supervision beyond 2 years.
| ||
Additionally, the court shall order the defendant to perform no | ||
less than 30
hours of community service and not more than 120 | ||
hours of community service, if
community service is available | ||
in the
jurisdiction and is funded and approved by the county | ||
board where the offense
was committed,
when the offense (1) was
| ||
related to or in furtherance of the criminal activities of an | ||
organized gang or
was motivated by the defendant's membership | ||
in or allegiance to an organized
gang; or (2) is a violation of | ||
any Section of Article 24 of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 where a disposition of supervision is not | ||
prohibited by Section
5-6-1 of this Code.
The
community service | ||
shall include, but not be limited to, the cleanup and repair
of | ||
any damage caused by violation of Section 21-1.3 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||
damages to property located within the municipality or county
| ||
in which the violation occurred. Where possible and reasonable, | ||
the community
service should be performed in the offender's | ||
neighborhood.
| ||
For the purposes of this
Section, "organized gang" has the |
meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(c) The court may in addition to other reasonable | ||
conditions
relating to the nature of the offense or the | ||
rehabilitation of the
defendant as determined for each | ||
defendant in the proper discretion of
the court require that | ||
the person:
| ||
(1) make a report to and appear in person before or | ||
participate with
the court or such courts, person, or | ||
social service agency as directed
by the court in the order | ||
of supervision;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or
treatment for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a |
foster home; or
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is placed on supervision for a | ||
crime of violence as
defined in
Section 2 of the Crime | ||
Victims Compensation Act committed in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet | ||
of the real property comprising a
school;
| ||
(9) make restitution or reparation in an amount not to | ||
exceed actual
loss or damage to property and pecuniary loss | ||
or make restitution under Section
5-5-6 to a domestic | ||
violence shelter. The court shall
determine the amount and | ||
conditions of payment;
| ||
(10) perform some reasonable public or community | ||
service;
| ||
(11) comply with the terms and conditions of an order | ||
of protection
issued by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986 or
an order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory.
If the court has ordered the defendant to | ||
make a report and appear in
person under paragraph (1) of | ||
this subsection, a copy of the order of
protection shall be | ||
transmitted to the person or agency so designated
by the | ||
court;
| ||
(12) reimburse any "local anti-crime program" as |
defined in Section 7 of
the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred by the
program on the | ||
offender's case, not to exceed the maximum amount of the
| ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to
| ||
exceed the maximum amount of the fine authorized for the | ||
offense for which
the defendant was sentenced, (i) to a | ||
"local anti-crime program", as defined
in Section 7 of the | ||
Anti-Crime Advisory Council Act, or (ii) for offenses under | ||
the jurisdiction of the Department of Natural Resources, to | ||
the fund established by the Department of Natural Resources | ||
for the purchase of evidence for investigation purposes and | ||
to conduct investigations as outlined in Section 805-105 of | ||
the Department of Natural Resources (Conservation) Law;
| ||
(14) refrain from entering into a designated | ||
geographic area except
upon such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a | ||
probation officer;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of person, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(17) refrain from operating any motor vehicle not | ||
equipped with an
ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois
Vehicle Code; under this | ||
condition the court may allow a defendant who is not
| ||
self-employed to operate a vehicle owned by the defendant's | ||
employer that is
not equipped with an ignition interlock | ||
device in the course and scope of the
defendant's | ||
employment; and
| ||
(18) if placed on supervision for a sex offense as | ||
defined in subsection (a-5) of Section 3-1-2 of this Code, | ||
unless the offender is a parent or guardian of the person | ||
under 18 years of age present in the home and no | ||
non-familial minors are present, not participate in a | ||
holiday event involving
children
under 18 years of age, | ||
such as distributing candy or other items to children on
| ||
Halloween,
wearing a Santa Claus costume on or preceding | ||
Christmas, being employed as a
department store Santa | ||
Claus, or wearing an Easter Bunny costume on or
preceding
| ||
Easter. | ||
(c-5) If payment of restitution as ordered has not been |
made, the victim shall file a
petition notifying the sentencing | ||
court, any other person to whom restitution is owed, and
the | ||
State's Attorney of the status of the ordered restitution | ||
payments unpaid at least 90
days before the supervision | ||
expiration date. If payment as ordered has not been made, the
| ||
court shall hold a review hearing prior to the expiration date, | ||
unless the hearing
is voluntarily waived by the defendant with | ||
the knowledge that waiver may result in an
extension of the | ||
supervision period or in a revocation of supervision. If the | ||
court does not
extend supervision, it shall issue a judgment | ||
for the unpaid restitution and direct the clerk
of the circuit | ||
court to file and enter the judgment in the judgment and lien | ||
docket, without
fee, unless it finds that the victim has | ||
recovered a judgment against the
defendant for the amount | ||
covered by the restitution order. If the court issues a
| ||
judgment for the unpaid restitution, the court shall send to | ||
the defendant at his or her last known
address written | ||
notification that a civil judgment has been issued for the | ||
unpaid
restitution. | ||
(d) The court shall defer entering any judgment on the | ||
charges
until the conclusion of the supervision.
| ||
(e) At the conclusion of the period of supervision, if the | ||
court
determines that the defendant has successfully complied | ||
with all of the
conditions of supervision, the court shall | ||
discharge the defendant and
enter a judgment dismissing the | ||
charges.
|
(f) Discharge and dismissal upon a successful conclusion of | ||
a
disposition of supervision shall be deemed without | ||
adjudication of guilt
and shall not be termed a conviction for | ||
purposes of disqualification or
disabilities imposed by law | ||
upon conviction of a crime. Two years after the
discharge and | ||
dismissal under this Section, unless the disposition of
| ||
supervision was for a violation of Sections 3-707, 3-708, | ||
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||
similar
provision of a local ordinance, or for a violation of | ||
Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, in which case it shall be 5
years | ||
after discharge and dismissal, a person may have his record
of | ||
arrest sealed or expunged as may be provided by law. However, | ||
any
defendant placed on supervision before January 1, 1980, may | ||
move for
sealing or expungement of his arrest record, as | ||
provided by law, at any
time after discharge and dismissal | ||
under this Section.
A person placed on supervision for a sexual | ||
offense committed against a minor
as defined in clause | ||
(a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||
for a violation of Section 11-501 of the Illinois Vehicle Code | ||
or a
similar provision of a local ordinance
shall not have his | ||
or her record of arrest sealed or expunged.
| ||
(g) A defendant placed on supervision and who during the | ||
period of
supervision undergoes mandatory drug or alcohol | ||
testing, or both, or is
assigned to be placed on an approved | ||
electronic monitoring device, shall be
ordered to pay the costs |
incidental to such mandatory drug or alcohol
testing, or both, | ||
and costs incidental to such approved electronic
monitoring in | ||
accordance with the defendant's ability to pay those costs.
The | ||
county board with the concurrence of the Chief Judge of the | ||
judicial
circuit in which the county is located shall establish | ||
reasonable fees for
the cost of maintenance, testing, and | ||
incidental expenses related to the
mandatory drug or alcohol | ||
testing, or both, and all costs incidental to
approved | ||
electronic monitoring, of all defendants placed on | ||
supervision.
The concurrence of the Chief Judge shall be in the | ||
form of an
administrative order.
The fees shall be collected by | ||
the clerk of the circuit court. The clerk of
the circuit court | ||
shall pay all moneys collected from these fees to the county
| ||
treasurer who shall use the moneys collected to defray the | ||
costs of
drug testing, alcohol testing, and electronic | ||
monitoring.
The county treasurer shall deposit the fees | ||
collected in the
county working cash fund under Section 6-27001 | ||
or Section 6-29002 of the
Counties Code, as the case may be.
| ||
(h) A disposition of supervision is a final order for the | ||
purposes
of appeal.
| ||
(i) The court shall impose upon a defendant placed on | ||
supervision
after January 1, 1992 or to community service under | ||
the supervision of a
probation or court services department | ||
after January 1, 2004, as a condition
of supervision or | ||
supervised community service, a fee of $50 for
each month of | ||
supervision or supervised community service ordered by the
|
court, unless after
determining the inability of the person | ||
placed on supervision or supervised
community service to pay | ||
the
fee, the court assesses a lesser fee. The court may not | ||
impose the fee on a
minor who is made a ward of the State under | ||
the Juvenile Court Act of 1987
while the minor is in placement.
| ||
The fee shall be imposed only upon a
defendant who is actively | ||
supervised by the
probation and court services
department. The | ||
fee shall be collected by the clerk of the circuit court.
The | ||
clerk of the circuit court shall pay all monies collected from | ||
this fee
to the county treasurer for deposit in the probation | ||
and court services
fund pursuant to Section 15.1 of the | ||
Probation and
Probation Officers Act.
| ||
A circuit court may not impose a probation fee in excess of | ||
$25
per month unless the circuit court has adopted, by | ||
administrative
order issued by the chief judge, a standard | ||
probation fee guide
determining an offender's ability to pay. | ||
Of the
amount collected as a probation fee, not to exceed $5 of | ||
that fee
collected per month may be used to provide services to | ||
crime victims
and their families. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, | ||
with the approval of the Director of Court Services or the | ||
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum.
Any | ||
offender that has been assigned to the supervision of a |
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate compact, | ||
shall be required to pay probation fees to the department | ||
supervising the offender, based on the offender's ability to | ||
pay.
| ||
(j) All fines and costs imposed under this Section for any
| ||
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a
similar provision of a local ordinance, and any | ||
violation of the Child
Passenger Protection Act, or a similar | ||
provision of a local ordinance, shall
be collected and | ||
disbursed by the circuit clerk as provided under Section
27.5 | ||
of the Clerks of Courts Act.
| ||
(k) A defendant at least 17 years of age who is placed on | ||
supervision
for a misdemeanor in a county of 3,000,000 or more | ||
inhabitants
and who has not been previously convicted of a | ||
misdemeanor or felony
may as a condition of his or her | ||
supervision be required by the court to
attend educational | ||
courses designed to prepare the defendant for a high school
| ||
diploma and to work toward a high school diploma or to work | ||
toward passing high school equivalency testing or to work
| ||
toward completing a vocational training program approved by the | ||
court. The
defendant placed on supervision must attend a public | ||
institution of education
to obtain the educational or | ||
vocational training required by this subsection
(k). The | ||
defendant placed on supervision shall be required to pay for | ||
the cost
of the educational courses or high school equivalency |
testing if a fee is charged for those courses
or testing. The | ||
court shall revoke the supervision of a person who wilfully | ||
fails
to comply with this subsection (k). The court shall | ||
resentence the defendant
upon revocation of supervision as | ||
provided in Section 5-6-4. This subsection
(k) does not apply | ||
to a defendant who has a high school diploma or has
| ||
successfully passed high school equivalency testing. This | ||
subsection (k) does not apply to a
defendant who is determined | ||
by the court to be developmentally disabled or
otherwise | ||
mentally incapable of completing the
educational or vocational | ||
program.
| ||
(l) The court shall require a defendant placed on | ||
supervision for
possession of a substance
prohibited by the | ||
Cannabis Control Act, the Illinois Controlled Substances Act, | ||
or the Methamphetamine Control and Community Protection Act
| ||
after a previous conviction or disposition of supervision for | ||
possession of a
substance prohibited by the Cannabis Control | ||
Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act or a | ||
sentence of probation under Section 10 of the Cannabis
Control | ||
Act or Section 410 of the Illinois Controlled Substances Act
| ||
and after a finding by the court that the person is addicted, | ||
to undergo
treatment at a substance abuse program approved by | ||
the court.
| ||
(m) The Secretary of State shall require anyone placed on | ||
court supervision
for a
violation of Section 3-707 of the |
Illinois Vehicle Code or a similar provision
of a local | ||
ordinance
to give proof of his or her financial
responsibility | ||
as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||
proof shall be
maintained by the individual in a manner | ||
satisfactory to the Secretary of State
for
a
minimum period of | ||
3 years after the date the proof is first filed.
The proof | ||
shall be limited to a single action per arrest and may not be
| ||
affected by any post-sentence disposition. The Secretary of | ||
State shall
suspend the driver's license of any person
| ||
determined by the Secretary to be in violation of this | ||
subsection. | ||
(n) Any offender placed on supervision for any offense that | ||
the court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(o) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Management Board Act shall refrain | ||
from residing at the same address or in the same condominium | ||
unit or apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has been | ||
placed on supervision for a sex offense. The provisions of this | ||
subsection (o) do not apply to a person convicted of a sex |
offense who is placed in a Department of Corrections licensed | ||
transitional housing facility for sex offenders. | ||
(p) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
refrain from communicating with or contacting, by means of the | ||
Internet, a person who is not related to the accused and whom | ||
the accused reasonably believes to be under 18 years of age. | ||
For purposes of this subsection (p), "Internet" has the meaning | ||
ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||
and a person is not related to the accused if the person is | ||
not: (i) the spouse, brother, or sister of the accused; (ii) a | ||
descendant of the accused; (iii) a first or second cousin of | ||
the accused; or (iv) a step-child or adopted child of the | ||
accused.
| ||
(q) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||
ordered by the court, refrain from communicating with or | ||
contacting, by means of the Internet, a person who is related | ||
to the accused and whom the accused reasonably believes to be | ||
under 18 years of age. For purposes of this subsection (q), |
"Internet" has the meaning ascribed to it in Section 16-0.1 of | ||
the Criminal Code of 2012; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or sister of | ||
the accused; (ii) a descendant of the accused; (iii) a first or | ||
second cousin of the accused; or (iv) a step-child or adopted | ||
child of the accused.
| ||
(r) An offender placed on supervision for an offense under | ||
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, or any attempt to commit any of these offenses, committed | ||
on or after the effective date of this amendatory Act of the | ||
95th General Assembly shall: | ||
(i) not access or use a computer or any other device | ||
with Internet capability without the prior written | ||
approval of the court, except in connection with the | ||
offender's employment or search for employment with the | ||
prior approval of the court; | ||
(ii) submit to periodic unannounced examinations of | ||
the offender's computer or any other device with Internet | ||
capability by the offender's probation officer, a law | ||
enforcement officer, or assigned computer or information | ||
technology specialist, including the retrieval and copying | ||
of all data from the computer or device and any internal or | ||
external peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough inspection; |
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a computer or | ||
any other device with Internet capability imposed by the | ||
court. | ||
(s) An offender placed on supervision for an offense that | ||
is a sex offense as defined in Section 2 of the Sex Offender | ||
Registration Act that is committed on or after January 1, 2010 | ||
(the effective date of Public Act 96-362) that requires the | ||
person to register as a sex offender under that Act, may not | ||
knowingly use any computer scrub software on any computer that | ||
the sex offender uses. | ||
(t) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Registration Act committed on or | ||
after January 1, 2010 (the effective date of Public Act 96-262) | ||
shall refrain from accessing or using a social networking | ||
website as defined in Section 17-0.5 of the Criminal Code of | ||
2012. | ||
(u) Jurisdiction over an offender may be transferred from | ||
the sentencing court to the court of another circuit with the | ||
concurrence of both courts. Further transfers or retransfers of | ||
jurisdiction are also authorized in the same manner. The court | ||
to which jurisdiction has been transferred shall have the same |
powers as the sentencing court. The probation department within | ||
the circuit to which jurisdiction has been transferred may | ||
impose probation fees upon receiving the transferred offender, | ||
as provided in subsection (i). The probation department from | ||
the original sentencing court shall retain all probation fees | ||
collected prior to the transfer. | ||
(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | ||
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||
1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.) | ||
Section 520. The Arsonist Registration Act is amended by | ||
changing Sections 5 and 65 as follows: | ||
(730 ILCS 148/5)
| ||
Sec. 5. Definitions. In this Act: | ||
(a) "Arsonist" means any person who is: | ||
(1) charged under Illinois law, or any
substantially | ||
similar federal, Uniform Code of Military Justice, sister | ||
state, or foreign country law, with an arson offense, set | ||
forth in subsection (b) of this Section or the attempt to | ||
commit an included arson offense, and:
| ||
(i) is convicted of such offense or an attempt
to | ||
commit such offense; or
| ||
(ii) is found not guilty by reason of insanity of
| ||
such offense or an attempt to commit such offense; or
| ||
(iii) is found not guilty by reason of insanity
|
under subsection (c) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 of such offense or an | ||
attempt to commit such offense; or
| ||
(iv) is the subject of a finding not resulting in
| ||
an acquittal at a hearing conducted under subsection | ||
(a) of Section 104-25 of the Code of Criminal Procedure | ||
of 1963 for the alleged commission or attempted | ||
commission of such offense; or
| ||
(v) is found not guilty by reason of insanity
| ||
following a hearing conducted under a federal, Uniform | ||
Code of Military Justice, sister state, or foreign | ||
country law substantially similar to subsection (c) of | ||
Section 104-25 of the Code of Criminal Procedure of | ||
1963 of such offense or of the attempted commission of | ||
such offense; or
| ||
(vi) is the subject of a finding not resulting in
| ||
an acquittal at a hearing conducted under a federal, | ||
Uniform Code of Military Justice, sister state, or | ||
foreign country law substantially similar to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 for the alleged violation or | ||
attempted commission of such offense; | ||
(2) is a minor who has been tried and convicted in an | ||
adult criminal prosecution as the result
of committing or | ||
attempting to commit an offense specified in subsection (b) | ||
of this Section or a violation of any substantially similar |
federal, Uniform Code of Military Justice, sister state, or | ||
foreign country law.
Convictions that result from or are | ||
connected with the same act, or result from offenses | ||
committed at the same time, shall be counted for the | ||
purpose of this Act as one conviction. Any conviction set | ||
aside under law is not a conviction for purposes of this | ||
Act.
| ||
(b) "Arson offense" means:
| ||
(1) A violation of any of the following Sections of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012:
| ||
(i) 20-1 (arson; residential arson; place of | ||
worship arson), | ||
(ii) 20-1.1 (aggravated arson), | ||
(iii) 20-1(b) or 20-1.2 (residential arson), | ||
(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
| ||
(v) 20-2 (possession of explosives or explosive or | ||
incendiary devices), or | ||
(vi) An attempt to commit any of the offenses | ||
listed in clauses (i) through (v).
| ||
(2) A violation of any former law of this State
| ||
substantially equivalent to any offense listed in | ||
subsection (b) of this Section. | ||
(c) A conviction for an offense of federal law, Uniform | ||
Code of Military Justice, or the law of another state or a | ||
foreign country that is substantially equivalent to any offense | ||
listed in subsection (b) of this Section shall constitute a |
conviction for the purpose of this Act.
| ||
(d) "Law enforcement agency having jurisdiction" means the | ||
Chief of Police in each of the municipalities in which the | ||
arsonist expects to reside, work, or attend school (1) upon his | ||
or her discharge, parole or release or (2) during the service | ||
of his or her sentence of probation or conditional discharge, | ||
or the Sheriff of the county, in the event no Police Chief | ||
exists or if the offender intends to reside, work, or attend | ||
school in an unincorporated area. "Law enforcement agency | ||
having jurisdiction" includes the location where out-of-state | ||
students attend school and where out-of-state employees are | ||
employed or are otherwise required to register.
| ||
(e) "Out-of-state student" means any arsonist, as defined | ||
in this Section, who is enrolled in Illinois, on a full-time or | ||
part-time basis, in any public or private educational | ||
institution, including, but not limited to, any secondary | ||
school, trade or professional institution, or institution of | ||
higher learning.
| ||
(f) "Out-of-state employee" means any arsonist, as defined | ||
in this Section, who works in Illinois, regardless of whether | ||
the individual receives payment for services performed, for a | ||
period of time of 10 or more days or for an aggregate period of | ||
time of 30 or more days during any calendar year. Persons who | ||
operate motor vehicles in the State accrue one day of | ||
employment time for any portion of a day spent in Illinois.
| ||
(g) "I-CLEAR" means the Illinois Citizens and Law |
Enforcement Analysis and Reporting System.
| ||
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
revised 12-10-14.) | ||
(730 ILCS 148/65)
| ||
Sec. 65. Penalty. Any person who is required to register | ||
under this Act who violates any of the provisions of this Act | ||
and any person who is required to register under this Act who | ||
seeks to change his or her name under Article XXI 21 of the | ||
Code of Civil Procedure is guilty of a Class 4 felony. Any | ||
person who is required to register under this Act who knowingly | ||
or wilfully gives material information required by this Act | ||
that is false is guilty of a Class 3 felony. Any person | ||
convicted of a violation of any provision of this Act shall, in | ||
addition to any other penalty required by law, be required to | ||
serve a minimum period of 7 days confinement in the local | ||
county jail. The court shall impose a mandatory minimum fine of | ||
$500 for failure to comply with any provision of this Act. | ||
These fines shall be deposited in the Arsonist Registration | ||
Fund. An arsonist who violates any provision of this Act may be | ||
tried in any Illinois county where the arsonist can be located.
| ||
(Source: P.A. 93-949, eff. 1-1-05; revised 12-10-14.) | ||
Section 525. The Sex Offender Registration Act is amended | ||
by changing Section 10 as follows:
|
(730 ILCS 150/10) (from Ch. 38, par. 230)
| ||
Sec. 10. Penalty.
| ||
(a) Any person who is required to register under this
| ||
Article who violates any of the provisions of this Article and | ||
any person
who is required to register under this Article who | ||
seeks to change his or her
name under Article XXI 21 of the | ||
Code of Civil Procedure is guilty of a Class 3
felony.
Any | ||
person who is convicted for a violation of this Act for a | ||
second or subsequent time is guilty of a Class 2 felony. Any | ||
person who is required to register under this Article who
| ||
knowingly or wilfully gives material information required by | ||
this Article that
is false is guilty of a Class 3 felony.
Any | ||
person convicted of a violation of any provision of this | ||
Article
shall, in addition to any other penalty required by | ||
law, be required to serve a
minimum period of 7 days | ||
confinement in the local county jail. The court shall
impose a | ||
mandatory minimum fine of $500 for failure to comply with any
| ||
provision of this Article. These fines shall be deposited in | ||
the Sex Offender
Registration Fund. Any sex offender, as | ||
defined in Section 2 of this Act,
or sexual predator who | ||
violates any
provision of this Article may be arrested and
| ||
tried in any Illinois county where the sex
offender can be | ||
located. The local police department or sheriff's office is not | ||
required to determine whether the person is living within its | ||
jurisdiction.
| ||
(b) Any person, not covered by privilege under Part 8 of |
Article VIII of the Code of Civil Procedure or the Illinois | ||
Supreme Court's Rules of Professional Conduct, who has reason | ||
to believe that a sexual predator is not complying, or has not | ||
complied, with the requirements of this Article and who, with | ||
the intent to assist the sexual predator in eluding a law | ||
enforcement agency that is seeking to find the sexual predator | ||
to question the sexual predator about, or to arrest the sexual | ||
predator for, his or her noncompliance with the requirements of | ||
this Article is guilty of a Class 3 felony if he or she: | ||
(1) provides false information to the law enforcement | ||
agency having jurisdiction about the sexual predator's | ||
noncompliance with the requirements of this Article, and, | ||
if known, the whereabouts of the sexual predator; | ||
(2) harbors, or attempts to harbor, or assists another | ||
person in harboring or attempting to harbor, the sexual | ||
predator; or | ||
(3) conceals or attempts to conceal, or assists another | ||
person in concealing or attempting to conceal, the sexual | ||
predator. | ||
(c) Subsection (b) does not apply if the sexual predator is | ||
incarcerated in or is in the custody of a State correctional | ||
facility, a private correctional facility, a county or | ||
municipal jail, a State mental health facility or a State | ||
treatment and detention facility, or a federal correctional | ||
facility.
| ||
(d) Subsections (a) and (b) do not apply if the sex |
offender accurately registered his or her Internet protocol | ||
address under this Act, and the address subsequently changed | ||
without his or her knowledge or intent.
| ||
(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, | ||
eff. 6-1-08; revised 12-10-14.)
| ||
Section 530. The Murderer and Violent Offender Against | ||
Youth Registration Act is amended by changing Section 60 as | ||
follows: | ||
(730 ILCS 154/60)
| ||
Sec. 60. Penalty. Any person who is required to register | ||
under this
Act who violates any of the provisions of this Act | ||
and any person
who is required to register under this Act who | ||
seeks to change his or her
name under Article XXI 21 of the | ||
Code of Civil Procedure is guilty of a Class 3
felony.
Any | ||
person who is convicted for a violation of this Act for a | ||
second or subsequent time is guilty of a Class 2 felony. Any | ||
person who is required to register under this Act who
knowingly | ||
or wilfully gives material information required by this Act | ||
that
is false is guilty of a Class 3 felony.
Any person | ||
convicted of a violation of any provision of this Act
shall, in | ||
addition to any other penalty required by law, be required to | ||
serve a
minimum period of 7 days confinement in the local | ||
county jail. The court shall
impose a mandatory minimum fine of | ||
$500 for failure to comply with any
provision of this Act. |
These fines shall be deposited into the Murderer and Violent | ||
Offender Against Youth Registration Fund. Any violent offender | ||
against youth who violates any
provision of this Act may be | ||
arrested and
tried in any Illinois county where the violent | ||
offender against youth can be located. The local police | ||
department or sheriff's office is not required to determine | ||
whether the person is living within its jurisdiction.
| ||
(Source: P.A. 97-154, eff. 1-1-12; revised 12-10-14.) | ||
Section 535. The Code of Civil Procedure is amended by | ||
changing Sections 8-802 and 12-705 as follows:
| ||
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||
Sec. 8-802. Physician and patient. No physician or surgeon | ||
shall be
permitted to disclose any information he or she may | ||
have acquired in
attending any patient in a professional | ||
character, necessary to enable him
or her professionally to | ||
serve the patient, except only (1) in trials for
homicide when | ||
the disclosure relates directly to the fact or immediate
| ||
circumstances of the homicide, (2) in actions, civil or | ||
criminal, against
the physician for malpractice, (3) with the | ||
expressed consent of the
patient, or in case of his or her | ||
death or disability, of his or her
personal representative or | ||
other person authorized to sue for personal
injury or of the | ||
beneficiary of an insurance policy on his or her life,
health, | ||
or physical condition, or as authorized by Section 8-2001.5, |
(4) in all actions brought by or against the
patient, his or | ||
her personal representative, a beneficiary under a policy
of | ||
insurance, or the executor or administrator of his or her | ||
estate wherein
the patient's physical or mental condition is an | ||
issue, (5) upon an issue
as to the validity of a document as a | ||
will of the patient, (6) in any
criminal action where the | ||
charge is either first degree murder by abortion,
attempted | ||
abortion or abortion, (7) in actions, civil or criminal, | ||
arising
from the filing of a report in compliance with the | ||
Abused and Neglected
Child Reporting Act, (8) to any | ||
department, agency, institution
or facility which has custody | ||
of the patient pursuant to State statute
or any court order of | ||
commitment, (9) in prosecutions where written
results of blood | ||
alcohol tests are admissible pursuant to Section 11-501.4
of | ||
the Illinois Vehicle Code, (10) in prosecutions where written
| ||
results of blood alcohol tests are admissible under Section | ||
5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||
actions arising from the filing of a report of suspected
| ||
terrorist offense in compliance with Section 29D-10(p)(7) of | ||
the Criminal Code
of 2012, (12) upon the issuance of a subpoena | ||
pursuant to Section 38 of the Medical Practice Act of 1987; the | ||
issuance of a subpoena pursuant to Section 25.1 of the Illinois | ||
Dental Practice Act; the issuance of a subpoena pursuant to | ||
Section 22 of the Nursing Home Administrators Licensing and | ||
Disciplinary Act; or the issuance of a subpoena pursuant to | ||
Section 25.5 of the Workers' Compensation Act , ; or (13) upon |
the issuance of a grand jury subpoena pursuant to Article 112 | ||
of the Code of Criminal Procedure of 1963 . , or (14) (13) to or | ||
through a health information exchange, as that term is defined | ||
in Section 2 of the Mental Health and Developmental | ||
Disabilities Confidentiality Act, in accordance with State or | ||
federal law . | ||
Upon disclosure under item (13) of this Section, in any | ||
criminal action where the charge is domestic battery, | ||
aggravated domestic battery, or an offense under Article 11 of | ||
the Criminal Code of 2012 or where the patient is under the age | ||
of 18 years or upon the request of the patient, the State's | ||
Attorney shall petition the court for a protective order | ||
pursuant to Supreme Court Rule 415.
| ||
In the event of a conflict between the application of this | ||
Section
and the Mental Health and Developmental Disabilities | ||
Confidentiality
Act to a specific situation, the provisions of | ||
the Mental Health and
Developmental Disabilities | ||
Confidentiality Act shall control.
| ||
(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | ||
97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-954, eff. | ||
1-1-15; 98-1046, eff. 1-1-15; revised 10-2-14.)
| ||
(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| ||
Sec. 12-705. Summons.
| ||
(a) Summons shall be returnable not less than 21 nor more | ||
than 30 days after
the date of issuance. Summons with 4 copies |
of the interrogatories shall be
served and returned as in other | ||
civil cases. If the garnishee is served with
summons less than | ||
10 days prior to the return date, the court shall continue
the | ||
case to a new return date 14 days after the return date stated | ||
on the
summons. The summons shall be in a form consistent with | ||
local court rules. The
summons shall be accompanied by a copy | ||
of the underlying judgment or a
certification by the clerk of | ||
the court that entered the judgment, or by the
attorney for the | ||
judgment creditor, setting forth the amount of the judgment,
| ||
the name of the court and the number of the case and one copy of | ||
a garnishment
notice in substantially the following form:
| ||
"GARNISHMENT NOTICE
| ||
(Name and address of Court)
| ||
Name of Case: (Name of Judgment Creditor),
| ||
Judgment Creditor v.
| ||
(Name of Judgment Judgement Debtor),
| ||
Judgment Debtor.
| ||
Address of Judgment Debtor: (Insert last known address)
| ||
Name and address of Attorney for Judgment
| ||
Creditor or of Judgment Creditor (If no
| ||
attorney is listed): (Insert name and address)
| ||
Amount of Judgment: $(Insert amount)
| ||
Name of Garnishee: (Insert name)
| ||
Return Date: (Insert return date specified in summons)
| ||
NOTICE: The court has issued a garnishment summons against | ||
the garnishee
named above for money or property (other than |
wages) belonging to the
judgment debtor or in which the | ||
judgment debtor has an interest. The
garnishment summons was | ||
issued on the basis of a judgment against the
judgment debtor | ||
in favor of the judgment creditor in the amount stated above.
| ||
The amount of money or property (other than wages) that may | ||
be garnished
is limited by federal and Illinois law. The | ||
judgment debtor has the right
to assert statutory exemptions | ||
against certain money or property of the
judgment debtor which | ||
may not be used to satisfy the judgment in the amount
stated | ||
above.
| ||
Under Illinois or federal law, the exemptions of personal | ||
property owned
by the debtor include the debtor's equity | ||
interest, not to exceed $4,000
in
value, in any personal | ||
property as chosen by the debtor; Social Security
and SSI | ||
benefits; public assistance benefits; unemployment | ||
compensation
benefits; workers' compensation benefits; | ||
veterans' benefits; circuit
breaker property tax relief | ||
benefits; the debtor's equity interest, not to
exceed $2,400
in | ||
value, in any one motor vehicle, and the debtor's equity
| ||
interest, not to exceed $1,500
in value, in any implements, | ||
professional
books or tools of the trade of the debtor.
| ||
The judgment debtor may have other possible exemptions from | ||
garnishment
under the law.
| ||
The judgment debtor has the right to request a hearing | ||
before the court
to dispute the garnishment or to declare | ||
exempt from garnishment certain
money or property or both. To |
obtain a hearing in counties with a
population of 1,000,000 or | ||
more, the judgment debtor must
notify the Clerk of the Court in | ||
person and in writing at (insert address
of Clerk) before the | ||
return date specified above or appear in court on the
date and | ||
time on that return date. To obtain a hearing in counties with | ||
a
population of less than 1,000,000, the judgment debtor must | ||
notify the
Clerk of the Court in writing at (insert address of | ||
Clerk) on or before the
return date specified above. The Clerk | ||
of the Court will provide a hearing
date and the necessary | ||
forms that must be prepared by the judgment debtor or
the | ||
attorney for the judgment debtor and sent to the judgment | ||
creditor and the
garnishee regarding the time and location of | ||
the hearing. This notice may be
sent by regular first class | ||
mail."
| ||
(b) An officer or other person authorized by law to serve | ||
process shall
serve the summons, interrogatories and the | ||
garnishment notice required by
subsection (a) of this Section | ||
upon the garnishee and shall, (1) within 2
business days of the | ||
service upon the garnishee, mail a copy of the
garnishment | ||
notice and the summons to the judgment debtor by first class
| ||
mail at the judgment debtor's address indicated in the | ||
garnishment notice
and (2) within 4 business days of the | ||
service upon the garnishee file with
the clerk of the court a | ||
certificate of mailing in substantially the following
form:
| ||
"CERTIFICATE OF MAILING
| ||
I hereby certify that, within 2 business days of service |
upon the
garnishee of the garnishment summons, interrogatories | ||
and garnishment
notice, I served upon the judgment debtor in | ||
this cause a copy of the
garnishment summons and garnishment | ||
notice by first class mail to the
judgment debtor's address as | ||
indicated in the garnishment notice.
| ||
Date:............ .........................
| ||
Signature"
| ||
In the case of service of the summons for garnishment upon | ||
the garnishee
by certified or registered mail, as provided in | ||
subsection (c) of this Section,
no sooner than 2 business days | ||
nor later than 4 business days after the date of
mailing, the | ||
clerk shall mail a copy of the garnishment notice and the | ||
summons
to the judgment debtor by first class mail at the | ||
judgment debtor's address
indicated in the garnishment notice, | ||
shall prepare the Certificate of Mailing
described by this | ||
subsection, and shall include the Certificate of Mailing in a
| ||
permanent record.
| ||
(c) In a county with a population of less than 1,000,000, | ||
unless otherwise
provided by circuit court rule, at the request | ||
of the judgment creditor or his
or her attorney and instead of | ||
personal service, service of a summons for
garnishment may be | ||
made as follows:
| ||
(1) For each garnishee to be served, the judgment | ||
creditor or his or her
attorney shall pay to the clerk of | ||
the court a fee of $2, plus the cost of
mailing, and | ||
furnish to the clerk an original and 2 copies of a summons, |
an
original and one copy of the interrogatories, an | ||
affidavit setting forth the
garnishee's mailing address, | ||
an original and 2 copies of the garnishment
notice required | ||
by subsection (a) of this Section, and a copy of the | ||
judgment
or certification described in subsection (a) of | ||
this Section. The original
judgment shall be retained by | ||
the clerk.
| ||
(2) The clerk shall mail to the garnishee, at the | ||
address appearing in the
affidavit, the copy of the | ||
judgment or certification described in subsection
(a) of | ||
this Section, the summons, the interrogatories, and the | ||
garnishment
notice required by subsection (a) of this | ||
Section, by certified or registered
mail, return receipt | ||
requested, showing to whom delivered and the date and
| ||
address of delivery. This Mailing shall be mailed on a | ||
"restricted delivery"
basis when service is directed to a | ||
natural person. The envelope and return
receipt shall bear | ||
the return address of the clerk, and the return receipt
| ||
shall be stamped with the docket number of the case. The | ||
receipt for certified
or registered mail shall state the | ||
name and address of the addressee, the date
of the mailing, | ||
shall identify the documents mailed, and shall be attached | ||
to
the original summons.
| ||
(3) The return receipt must be attached to the original | ||
summons and, if it
shows delivery at least 10 days before | ||
the day for the return date, shall
constitute proof of |
service of any documents identified on the return receipt
| ||
as having been mailed.
| ||
(4) The clerk shall note the fact of service in a | ||
permanent record.
| ||
(d) The garnishment summons may be served and returned in | ||
the manner provided by Supreme Court Rule for service, | ||
otherwise than by publication, of a notice for additional | ||
relief upon a party in default. | ||
(Source: P.A. 98-557, eff. 1-1-14; revised 12-10-14.)
| ||
Section 540. The Eminent Domain Act is amended by changing, | ||
setting forth and renumbering multiple versions of Section | ||
25-5-55 as follows: | ||
(735 ILCS 30/25-5-55) | ||
Sec. 25-5-55. Quick-take; McHenry County. Quick-take | ||
proceedings under Article 20 may be used for a period of no | ||
longer than one year from the effective date of this amendatory | ||
Act of the 98th General Assembly by McHenry County for the | ||
acquisition of the following described property for the purpose | ||
of reconstruction of the intersection of Miller Road and | ||
Illinois Route 31: | ||
Route: Illinois State Route 31 | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County |
Job No.: R-91-020-06 | ||
Parcel: 0003 | ||
Sta. 119+70.41 To Sta. 136+74.99 | ||
Owner: Parkway Bank and Trust | ||
Company as Trustee under Trust | ||
Agreement dated October 25, 1988 | ||
known as trust No. 9052 | ||
Index No. 14-02-100-002, 14-02-
100-051 | ||
A part of the Northwest Quarter of Section 2, Township 44 | ||
North, Range 8 East of the
Third Principal Meridian, in McHenry | ||
County, Illinois, described as follows: | ||
Commencing at the southwest corner of said Northwest Quarter; | ||
thence North 0 degrees
40 minutes 30 seconds East, (bearings | ||
based on Illinois State Plane Coordinates East Zone 1983 Datum) | ||
along the west line of said Northwest Quarter, 33.01 feet; | ||
thence North 89 degrees 27 minutes 02 seconds East along a line | ||
parallel with and 33.00 feet north of the south line of said | ||
Northwest Quarter, 633.53 feet to the Point of Beginning; | ||
thence North 47 degrees 43 minutes 11 seconds East, 76.04 feet; | ||
thence Northeasterly
892.04 feet along a curve to the left | ||
having a radius of 5900.00 feet, the chord of said curve bears | ||
North 03 degrees 13 minutes 38 seconds East, a chord distance | ||
of 891.20 feet; thence North 01 degrees 06 minutes 15 seconds | ||
West, 737.81 feet; thence North 88 degrees 52 minutes 57 |
seconds East, 60.00 feet to a point on the westerly line of | ||
Illinois State Route 31 as dedicated per Book 12 of | ||
Miscellaneous Records, pages 200, 201 and
203; thence South 01 | ||
degrees 06 minutes 15 seconds East along said westerly line,
| ||
405.84 feet; thence South 01 degrees 00 minutes 45 seconds West | ||
along said westerly line, 135.20 feet; thence South 02 degrees | ||
50 minutes 15 seconds East along said westerly line, 165.10 | ||
feet; thence South 01 degrees 06 minutes 15 seconds East along
| ||
said westerly line, 407.00 feet; thence Southwesterly 567.07 | ||
feet along said westerly line, said line being a curve to the | ||
right having a radius of 3779.83 feet, the chord of said curve | ||
bears South 03 degrees 11 minutes 37 seconds West, a chord | ||
distance of 566.54 feet to point on a line parallel with and | ||
33.00 feet north of the south line of said Northwest Quarter; | ||
thence South 89 degrees 27 minutes 02 seconds West along a line | ||
parallel with and 33.00 feet north of the south line of said | ||
Northwest Quarter, 142.09 feet to the Point of Beginning in | ||
McHenry County, Illinois. | ||
Said parcel containing 116,716 square feet (2.679 acres) more | ||
or less. | ||
Route: Bull Valley Road | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County | ||
Job No.: R-91-020-06 |
Parcel: 0003TE | ||
Sta. 531+73.39 To Sta. 532+82.90 | ||
Owner: Parkway Bank and Trust | ||
Company as Trustee under Trust | ||
Agreement dated October 25, 1988 | ||
known as trust No. 9052 | ||
Index No. 14-02-100-002 | ||
A part of the Southwest Quarter of the Northwest Quarter of | ||
Section 2, Township 44
North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, described as | ||
follows: | ||
Commencing at the southwest corner of said Southwest Quarter; | ||
thence North 00 degrees
40 minutes 30 seconds East, (bearings | ||
based on Illinois State Plane Coordinates East Zone 1983 Datum) | ||
along the west line of said Southwest Quarter, 33.01 feet; | ||
thence North 89 degrees 27 minutes 02 seconds East along a line | ||
parallel with and 33.00 feet north of the south line of said | ||
Southwest Quarter, 540.42 feet to the Point of Beginning; | ||
thence North 00 degrees 33 minutes 06 seconds West, 14.95 feet; | ||
thence North 89 degrees 26 minutes 54 seconds East, 109.87 | ||
feet; thence South 47 degrees 43 minutes 11 seconds West, 22.47 | ||
feet to a point on a line parallel with and 33.00 feet north of | ||
the south line of said Southwest Quarter; thence South 89 | ||
degrees 27 minutes 02 seconds West along said line parallel |
with and 33.00 feet north of the south line of said Southwest | ||
Quarter, 93.10 feet to the Point of Beginning in McHenry | ||
County, Illinois. | ||
Said parcel containing 1,518 square feet (0.035 acres) more or | ||
less. | ||
Route: Illinois State Route 31 | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County | ||
Job No.: R-91-020-06 | ||
Parcel: 0011 | ||
Sta. 124+14.14 To Sta. 124+35.35 | ||
Owner: Trapani, LLC, an Illinois | ||
limited liability company | ||
Index No. 14-02-100-050 | ||
A part of the Southwest Quarter of the Northwest Quarter of | ||
Section 2, Township 44
North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, described as | ||
follows: | ||
Commencing at the northwest corner of Lot 1 in McDonalds | ||
Subdivision, being a subdivision of part of the Northwest | ||
Quarter of Section 2, Township 44 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof |
recorded December 22, 1993 as Document No. 93R80090, in McHenry | ||
County, Illinois; thence Northeasterly along the easterly line | ||
of Illinois State Route 31 as dedicated per Book 12 of | ||
Miscellaneous Records, pages 200, 201 and 203, 206.43 feet | ||
along a curve to the left having a radius of 3859.83 feet, the | ||
chord of said curve bears North 2 degrees 41 minutes 29 seconds | ||
East, (bearings based on Illinois State Plane Coordinates East | ||
Zone 1983 Datum) a chord distance of 206.41 feet to the Point | ||
of Beginning; thence continuing Northeasterly along said | ||
easterly line, 21.36 feet, said line being a curve to the left | ||
having a radius of 3859.83 feet, the chord of said curve bears | ||
North 1 degrees 00 minutes 02 seconds East, a chord distance of | ||
21.36 feet to a point the south line of a parcel of land per | ||
deed recorded February 10, 2003 as Document No. 2003R0017053; | ||
thence North 89 degrees 22 minutes 29 seconds East along said | ||
south line, 1.04 feet; thence Southwesterly 21.41 feet along a | ||
curve to the right having a radius of 6060.00 feet, the chord | ||
of said curve bears South 03 degrees 47 minutes 21 seconds | ||
West, a chord distance of 21.41 feet to the Point of Beginning | ||
in McHenry County, Illinois. | ||
Said parcel containing 11 square feet (0.000 acres) more or | ||
less. | ||
Route: Illinois State Route 31 | ||
Section: Section 09-00372-00-PW |
County: McHenry County | ||
Job No.: R-91-020-06 | ||
Parcel: 0011TE-1 | ||
Sta. 123+50.48 To Sta. 124+26.94 | ||
Owner: Trapani, LLC, an Illinois | ||
limited liability company | ||
Index No. 14-02-100-050 | ||
A part of the Southwest Quarter of the Northwest Quarter of | ||
Section 2, Township 44
North, Range 8 East of the Third | ||
Principal Meridian, in McHenry County, Illinois, described as | ||
follows: | ||
Commencing at the northwest corner of Lot 1 in McDonalds | ||
Subdivision, being a subdivision of part of the Northwest | ||
Quarter of Section 2, Township 44 North, Range 8 East of the | ||
Third Principal Meridian, according to the plat thereof | ||
recorded December 22, 1993 as Document No. 93R80090, in McHenry | ||
County, Illinois; thence Northeasterly along the easterly line | ||
of Illinois State Route 31 as dedicated per Book 12 of | ||
Miscellaneous Records, pages 200, 201 and 203, 142.05 feet | ||
along a curve to the left having a radius of 3859.83 feet, the | ||
chord of said curve bears North 3 degrees 10 minutes 09 seconds | ||
East, (bearings based on Illinois State Plane Coordinates East | ||
Zone 1983 Datum) a chord distance of 142.05 feet to the Point | ||
of Beginning; thence continuing Northeasterly along said |
easterly line, 64.39 feet, said line being a curve to the left | ||
having a radius of 3859.83 feet, the chord of said curve bears | ||
North 1 degrees 38 minutes 13 seconds East, a chord distance of | ||
64.38 feet; thence Northeasterly 12.69 feet along a curve to | ||
the left having a radius of 6060.00 feet, the chord of said | ||
curve bears North 03 degrees 49 minutes 49 seconds East, a | ||
chord distance of 12.69 feet; thence South 89 degrees 01 | ||
minutes 32 seconds East, 4.46 feet; thence Southwesterly 77.18 | ||
feet along a curve to the right having a radius of 3864.83 | ||
feet, the chord of said curve bears South 01 degrees 32 minutes | ||
47 seconds West, a chord distance of 77.17 feet; thence North | ||
87 degrees 52 minutes 53 seconds West, 5.07 feet to the Point | ||
of Beginning in McHenry County, Illinois. | ||
Said parcel containing 387 square feet (0.009 acres) more or | ||
less. | ||
Route: Charles J. Miller Road | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County | ||
Job No.: R-91-020-06 | ||
Parcel: 0011TE-2 | ||
Sta. 537+44.77 To Sta. 538+37.59 | ||
Owner: Trapani, LLC, an Illinois | ||
limited liability company | ||
Index No. 14-02-100-050 |
A part of Lot 2, in McDonald's Subdivision, being a subdivision | ||
of part of the Northwest Quarter of Section 2, Township 44 | ||
North, Range 8 East of the Third Principal Meridian, according | ||
to the plat thereof recorded December 22, 1993 as Document No. | ||
93R80090, in McHenry County, Illinois, described as follows: | ||
Beginning at the southeast corner of said Lot 2; thence South | ||
89 degrees 27 minutes 02 seconds West (bearings based on | ||
Illinois State Plane Coordinates East Zone 1983 Datum) along | ||
the south line of said Lot 2, 92.83 feet; thence North 00 | ||
degrees 33 minutes 02 seconds West, 33.91 feet; thence North 89 | ||
degrees 36 minutes 46 seconds East, 93.43 feet to a point on | ||
the east line of said Lot 2; thence South 00 degrees 28 minutes | ||
57 seconds West along said east line, 33.66 feet to the Point | ||
of Beginning in McHenry County, Illinois. | ||
Said parcel containing 3,146 square feet (0.072 acres) more or | ||
less. | ||
Route: Charles J. Miller Road | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County | ||
Job No.: R-91-020-06 | ||
Parcel: 0016 | ||
Sta. 538+37.74 To Sta. 539+63.26 |
Owner: Marion R. Reinwall Hoak | ||
as Trustee of the Marion R. | ||
Reinwall Hoak Living trust dated | ||
September 15, 1998 | ||
Index No. 14-02-100-022 | ||
A part of the West Half of Government Lot 1 in the Northwest | ||
Quarter of Section 2, Township 44 North, Range 8 East of the | ||
Third Principal Meridian in McHenry County, Illinois, | ||
described as follows: | ||
Beginning at the southeast corner of said West Half of | ||
Government Lot 1; thence South 89 degrees 27 minutes 02 seconds | ||
West (bearings based on Illinois State Plane Coordinates East | ||
Zone 1983 Datum) along the south line of said West Half of | ||
Government Lot 1, 115.35 feet to the point of intersection with | ||
the east line of Lot 2 in McDonald's Subdivision, being a | ||
subdivision of part of the Northwest Quarter of Section 2, | ||
Township 44 North, Range 8 East of the Third Principal | ||
Meridian, according to the plat thereof recorded December 22, | ||
1993 as Document No. 93R80090, in McHenry County, Illinois | ||
extended southerly; thence North 00 degrees 28 minutes 57 | ||
seconds East along said east line extended southerly and along | ||
said east line, 48.01 feet; thence North 89 degrees 27 minutes | ||
02 seconds East, 115.36 feet to a point on the east line of | ||
said West Half of Government Lot 1; thence South 00 degrees 29 |
minutes 41 seconds West along said east line, 48.01 feet to the | ||
Point of Beginning in McHenry County, Illinois. | ||
Said parcel containing 5,537 square feet (0.127 acres) more or | ||
less, of which 0.087 acres more or less, has been previously | ||
used or dedicated. | ||
Route: Illinois State Route 31 | ||
Section: Section 09-00372-00-PW | ||
County: McHenry County | ||
Job No.: R-91-020-06 | ||
Parcel: 0017 | ||
Sta. 536+90.86 To Sta. 539+43.61 | ||
Owner: Alliance Bible Church of | ||
the Christian and Missionary | ||
Alliance, an Illinois not for profit | ||
corporation | ||
Index No. 14-02-302-005; 14-02- | ||
302-004; 14-02-302-002 | ||
A part of Lots 4 and 5, in Smith First Addition being a | ||
subdivision of the North 473.90 feet of the Northwest Quarter | ||
of the Southwest Quarter of Section 2, Township 44 North, Range | ||
8 East of the Third Principal Meridian, lying easterly of the | ||
easterly right-of-way of State Route 31, according to the plat | ||
thereof recorded in the recorder's office of McHenry County, |
Illinois on February 16, 1973, as Document No. 586905 in | ||
McHenry County, Illinois, described as follows: | ||
Beginning at the northeast corner of said Lot 5; thence South | ||
00 degrees 08 minutes 56 seconds West (bearings based on | ||
Illinois State Plane Coordinates East Zone 1983 Datum) along | ||
the east line of said Lot 5, 33.94 feet; thence Southwesterly | ||
106.41 feet along a curve to the right having a radius of | ||
795.00 feet, the chord of said curve bears South 85 degrees 36 | ||
minutes 55 seconds West, a chord distance of 106.34 feet; | ||
thence South 89 degrees 26 minutes 58 seconds West, 154.36 feet | ||
to a point on the west line of said Lot 4; thence North 00 | ||
degrees 10 minutes 27 seconds East along said west line, 41.06 | ||
feet to the northwest corner of said Lot 4; thence North 89 | ||
degrees 27 minutes 02 seconds East along the north line of said | ||
Lots 4 and 5, 260.35 feet to the Point of Beginning in McHenry | ||
County, Illinois. | ||
Said parcel containing 10,438 square feet (0.240 acres) more or | ||
less.
| ||
(Source: P.A. 98-852, eff. 8-1-14.) | ||
(735 ILCS 30/25-5-60) | ||
Sec. 25-5-60 25-5-55 . Quick-take; Village of Mundelein. | ||
Quick-take proceedings under Article 20 may be used for a | ||
period of no longer than one year after the effective date of |
this amendatory Act of the 98th General Assembly by the Village | ||
of Mundelein in Lake County for the acquisition of property and | ||
easements, legally described below, for the purpose of widening | ||
and reconstructing Hawley Street from Midlothian Road to | ||
Seymour Avenue, and making other public utility improvements | ||
including the construction of a bike path: | ||
PIN: 10-24-423-010 | ||
That part of Lot 11 (as originally platted), in Western Slope | ||
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plat thereof recorded May | ||
9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||
described as follows: beginning at the Southeast corner of Lot | ||
11; thence West along the South line of said Lot, 99.95 (meas.) | ||
100.00 feet (rec.) to the Southwest corner of said Lot; thence | ||
North along the West line of said Lot, 10.00 feet; thence | ||
Southeasterly 8.51 feet to a point 6.00 feet East of and 4.00 | ||
feet North of the Southwest corner of said Lot; thence East | ||
parallel with the South line of said Lot, 93.97 feet to the | ||
East line of said Lot; thence South along said last described | ||
line, 4.00 feet to the point of beginning, Lake County, | ||
Illinois. 417.50 sq. ft. |
Temporary easement: | ||
That part of Lot 11 (as originally platted), in Western Slope | ||
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plot thereof recorded May | ||
9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||
described as follows: commencing at the Southwest corner of | ||
said Lot 11; thence North along the West line of said Lot, | ||
10.00 feet to the point of beginning; thence continuing North | ||
along said last described line, 35.00 feet; thence East | ||
parallel with the South line of said Lot, 10.00 feet; thence | ||
South parallel with the West line of said Lot, 25.00 feet to a | ||
line 20.00 feet North of and parallel with the South line of | ||
said Lot; thence East along said last described line, 20.00 | ||
feet; thence South parallel with the West line of said Lot, | ||
16.00 feet to a line 4.00 feet North of and parallel with the | ||
South line of said Lot; thence West along said last described | ||
line, 24.00 feet to a point 6.00 feet East of the West line of | ||
said Lot; thence Northwesterly, 8.51 feet to the point of | ||
beginning, in Lake County, Illinois. Containing 712.00 sq. ft. | ||
PIN: 10-24-423-011 | ||
The South 4.00 feet of Lot 10 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of |
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 400.00 sq. ft. | ||
PIN: 10-24-423-013 | ||
The South 4.00 feet of Lot 8 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 400.00 sq. ft. | ||
PIN: 10-24-423-016 | ||
The South 7.00 feet of Lot 5 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 700.00 sq. ft. |
Temporary Easement: | ||
That part of Lot 5 (as originally platted), in Western Slope | ||
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plat thereof recorded May | ||
9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||
described as follows: commencing at the Southeast corner of | ||
said Lot 5; thence North along the East line of said Lot, 7.00 | ||
feet to the point of beginning; thence West parallel with the | ||
South line of said Lot, 100.00 feet to the West line of said | ||
Lot; thence North along said last described line, 5.00 feet; | ||
thence East parallel with the South line of said Lot, 52.00 | ||
feet; thence North parallel with the West line of said Lot, | ||
22.50 feet; thence East parallel with the South line of said | ||
Lot, 14.50 feet; thence North parallel with the West line of | ||
said Lot, 5.20 feet; thence East parallel with the South line | ||
of said Lot, 33.50 feet to the East line of said Lot; thence | ||
South along the last described line, 32.70 feet to the point of | ||
beginning, in Lake County, Illinois. 1754.20 sq. ft. | ||
PIN: 10-24-423-018 | ||
The South 13.50 feet of Lot 3 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the |
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft. | ||
Temporary Easement: | ||
That part of Lot 3 (as originally platted), in Western Slope | ||
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plat thereof recorded May | ||
9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||
described as follows: commencing at the Southeast corner of | ||
said Lot 3; thence North along the East line of said Lot, 13.50 | ||
feet to the point of beginning; thence West parallel with the | ||
South line of said Lot, 100.00 feet to the West line of said | ||
Lot; thence North along said last described line, 10.00 feet; | ||
thence East parallel with the South line of said Lot, 45.00 | ||
feet; thence North parallel with the West line of said Lot, | ||
30.00 feet; thence East parallel with the South line of said | ||
Lot, 34.00 feet; thence South parallel with the West line of | ||
said Lot, 30.00 feet; thence East parallel with the South line | ||
of said Lot, 21.00 feet to the East line of said Lot; thence | ||
South along the last described line, 10.00 feet to the point of | ||
beginning, in Lake County, Illinois. 2020.00 sq. ft. |
PIN: 10-24-423-019 | ||
The South 13.50 feet of Lot 2 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft. | ||
PIN: 10-24-423-021 | ||
The South 13.50 feet of a tract of land described as Lot 1 (as | ||
originally platted), (except that part taken for highway per | ||
Document No. 2242325 and 2242326), in Western Slope Subdivision | ||
of Mundelein, being a Subdivision of part of the Southeast | ||
Quarter of Section 24, and of the Northeast Quarter of Section | ||
25, Township 44 North, Range 10, East of the Third Principal | ||
Meridian, according to the plat thereof recorded May 9, 1925 as | ||
Document 257151, in Book "N" of Plats, Page 98, Lake County, | ||
Illinois. 1040.30 sq. ft. | ||
PIN: 10-25-205-003 | ||
Temporary Easement: | ||
That part of Lot 44 (as originally platted), in Western Slope |
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plat thereof recorded May | ||
9, 1925 as Document 257151 in Book "N" of Plats, Page 98, | ||
described as follows: commencing at the Northeast corner of | ||
said Lot 44; thence South along the East line of said Lot, 5.00 | ||
feet; thence West parallel with the North line of said Lot, | ||
34.00 feet; thence South parallel with the East line of said | ||
Lot, 5.00 feet; thence West parallel with the North line of | ||
said Lot, 16.00 feet to the West line of said Lot; thence North | ||
along said last described Lot, 10.00 feet to the Northwest | ||
corner of said lot; thence East along the North line of said | ||
lot, 50.00 feet to the point of beginning, in Lake County, | ||
Illinois. Containing 331.00 sq. ft. | ||
PIN: 10-25-205-004 | ||
Temporary Easement: | ||
The North 10.00 feet (except the South 5.00 feet of the West | ||
24.00 feet and the South 5.00 feet of the East 3.00 feet | ||
thereof) of Lot 45 (as originally platted), in Western Slope | ||
Subdivision of Mundelein, being a Subdivision of part of the | ||
Southeast Quarter of Section 24, and of the Northeast Quarter | ||
of Section 25, Township 44 North, Range 10, East of the Third | ||
Principal Meridian, according to the plat thereof recorded May |
9, 1925 as Document 257151, in Book "N" of Plats, Page 98, Lake | ||
County, Illinois. Containing 365.40 sq. ft. | ||
PIN: 10-25-205-005 | ||
Temporary Easement: | ||
The North 5.00 feet of Lot 46 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, Lake County, Illinois. 250.00 sq. ft. | ||
PIN: 10-25-206-003 | ||
Temporary Easement: | ||
The North 5.00 feet of Lot 60 (as originally platted), in | ||
Western Slope Subdivision of Mundelein, being a Subdivision of | ||
part of the Southeast Quarter of Section 24, and of the | ||
Northeast Quarter of Section 25, Township 44 North, Range 10, | ||
East of the Third Principal Meridian, according to the plat | ||
thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||
Plats, Page 98, in Lake County, Illinois. 250.00 sq. ft. | ||
PIN: 11-30-101-004 |
Temporary Easement:
| ||
The North 5.00 feet of the East 30.00 feet of a tract of land | ||
described as the West 75.00 feet of Lots 1 and 2, in Block 1 of | ||
Hammond's Addition to Rockefeller, being a Subdivision of part | ||
of Lot 2 of the Northwest Quarter of Section 30, Township 44 | ||
North, Range 11 East of the Third Principal Meridian, according | ||
to the plat thereof recorded April 2, 1895 as Document No. | ||
61511, in Book "D" of Plats, Page 24,in Lake County, Illinois. | ||
150.00 sq. ft. | ||
PIN: 11-30-120-001 | ||
That part of Lot 1 in Hawley Commons, being a subdivision of | ||
part of the Northwest Quarter of Section 30, Township 44 North, | ||
Range 11 East, of the Third Principal Meridian according to the | ||
plat thereof recorded October 8, 1999 as Document No. 4432301, | ||
and described as follows: Beginning at the Northwest corner of | ||
Lot 1; thence South along the West line of said Lot 1, 17.00 | ||
feet; thence Northeasterly 23.91 feet to a point 17.00 feet | ||
East of the point of beginning and on the North line of said | ||
Lot 1; thence West along the North line of Lot 1, 17.00 feet to | ||
the point of beginning, in Lake County, Illinois. Containing | ||
144.50 sq. ft. | ||
PIN: 10-24-314-036 |
That part of Lot 14 in Block 2 in Mundelein Home Crest | ||
Subdivision of the Northeast Quarter of the Northwest Quarter | ||
of Section 25 and part of the East Half of the Southwest | ||
Quarter of Section 24, all in Township 44 North, Range 10 East | ||
of the Third Principal Meridian, according to the plat thereof | ||
recorded June 4, 1926 as Document No. 280148 in Book "P" of | ||
Plats, Pages 62 and 63, described as lying Southeasterly of a | ||
curve concave Northwesterly having a radius of 45.00 feet and | ||
being tangent to the East and South lines of said Lot 14, in | ||
Lake County, Illinois. 445.10 sq. ft.
| ||
(Source: P.A. 98-1070, eff. 8-26-14; revised 10-20-14.) | ||
Section 545. The Controlled Substance and Cannabis | ||
Nuisance Act is amended by changing Section 3 as follows:
| ||
(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
| ||
Sec. 3. (a) The Department or the State's Attorney or any | ||
citizen of the
county in which a nuisance exists may file a | ||
complaint in the name of the
People of the State of Illinois , | ||
to enjoin all persons from maintaining or
permitting such | ||
nuisance, to abate the same and to enjoin the use of any
such | ||
place for the period of one year.
| ||
(b) Upon the filing of a complaint by the State's Attorney | ||
or the Department
in which the complaint states that | ||
irreparable injury, loss or damage will
result to the People of |
the State of Illinois, the court shall enter a
temporary | ||
restraining order without notice enjoining the maintenance of
| ||
such nuisance, upon testimony under oath, affidavit, or | ||
verified complaint
containing facts sufficient, if sustained, | ||
to justify the court in entering
a preliminary injunction upon | ||
a hearing after notice. Every such temporary
restraining order | ||
entered without notice shall be endorsed with the date
and hour | ||
of entry of the order, shall be filed of record, and shall
| ||
expire by its terms within such time after entry, not to exceed | ||
10 days as
fixed by the court, unless the temporary restraining | ||
order, for good cause , is
extended for a like period or unless | ||
the party against whom the order is
directed consents that it | ||
may be extended for a longer period. The reason
for extension | ||
shall be shown in the order. In case a temporary restraining
| ||
order is entered without notice, the motion for a permanent | ||
injunction
shall be set down for hearing at the earliest | ||
possible time and takes
precedence over all matters except | ||
older matters of the same character, and
when the motion comes | ||
on for hearing, the Department or State's Attorney,
as the case | ||
may be, shall proceed with the application for a permanent
| ||
injunction, and, if he does not do so, the court shall dissolve | ||
the
temporary restraining order. On 2 days' days notice to the | ||
Department or State's
Attorney, as the case may be, the | ||
defendant may appear and move the
dissolution or modification | ||
of such temporary restraining order and in that
event the court | ||
shall proceed to hear and determine such motion as
|
expeditiously as the ends of justice require.
| ||
(c) Upon the filing of the complaint by a citizen or the | ||
Department or the
State's Attorney (in cases in which the | ||
Department or State's Attorney does do
not request injunctive | ||
relief without notice) in the circuit court,
the court, if | ||
satisfied that the nuisance complained of
exists, shall allow a | ||
temporary restraining order, with bond unless the
application | ||
is filed by the Department or State's Attorney, in such amount
| ||
as the court may determine, enjoining the defendant from | ||
maintaining any
such nuisance within the jurisdiction of the | ||
court granting the injunctive
relief. However, no such | ||
injunctive relief shall be granted, except on
behalf of an | ||
owner or agent, unless it be made to appear to the
satisfaction | ||
of the court that the owner or agent of such place , knew or
had | ||
been personally served with a notice signed by the plaintiff | ||
and , that
such notice has been served upon such owner or such | ||
agent of such place at
least 5 days prior thereto, that such | ||
place, specifically describing the
same, was being so used, | ||
naming the date or dates of its being so used, and
that such | ||
owner or agent had failed to abate such nuisance, or that upon
| ||
diligent inquiry such owner or agent could not be found for
the | ||
service of such preliminary notice. The lessee, if any, of such | ||
place
shall be made a party defendant to such petition. If the | ||
property owner is a corporation and the Department or the | ||
State's Attorney sends the preliminary notice to the corporate | ||
address registered with the Secretary of State, such action |
shall create a rebuttable presumption that the parties have | ||
acted with due diligence and the court may grant injunctive | ||
relief.
| ||
(d) In all cases in which the complaint is filed by a | ||
citizen, such
complaint shall be verified.
| ||
(Source: P.A. 95-503, eff. 1-1-08; revised 12-10-14.)
| ||
Section 550. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Sections 9.2 and 10 as follows:
| ||
(740 ILCS 110/9.2)
| ||
Sec. 9.2. Interagency disclosure of recipient information. | ||
For the
purposes of continuity of care, the Department of Human | ||
Services (as
successor to the Department of Mental Health and | ||
Developmental
Disabilities), community agencies funded by the
| ||
Department of Human Services in that capacity, licensed private | ||
hospitals, integrated health systems, members of an | ||
interdisciplinary team, federally qualified health centers, or | ||
physicians or therapists or other healthcare providers | ||
licensed or certified by or receiving payments from the | ||
Department of Human Services or the Department of Healthcare | ||
and Family Services, State correctional facilities, juvenile | ||
justice facilities, mental health facilities operated by a | ||
county, mental health court
professionals as defined in Section | ||
10 of the Mental Health Court Treatment Act, Veterans and
|
Servicemembers Court professionals as defined in Section 10 of | ||
the Veterans and
Servicemembers Court Treatment Act and jails | ||
and juvenile detention facilities operated by any
county of | ||
this State may disclose a
recipient's record or communications, | ||
without consent, to each other, but only
for the purpose of | ||
admission, treatment, planning, coordinating care, discharge, | ||
or governmentally mandated public health reporting. Entities
| ||
shall not redisclose any personally identifiable information, | ||
unless necessary
for admission, treatment, planning, | ||
coordinating care, discharge, or governmentally mandated | ||
public health reporting
another setting .
No records or | ||
communications may be disclosed to a county jail or State | ||
correctional facility pursuant to
this Section unless the | ||
Department has entered into a written agreement with
the county | ||
jail or State correctional facility requiring that the county | ||
jail or State correctional facility adopt written policies and
| ||
procedures designed to ensure that the records and | ||
communications are disclosed
only to those persons employed by | ||
or under contract to the county jail or State correctional | ||
facility who are
involved in the provision of mental health | ||
services to inmates and that the
records and communications are | ||
protected from further disclosure.
| ||
(Source: P.A. 97-946, eff. 8-13-12; 98-378, eff. 8-16-13; | ||
revised 12-10-14.)
| ||
(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
|
Sec. 10. (a) Except as provided herein, in any civil, | ||
criminal,
administrative, or legislative proceeding, or in any | ||
proceeding preliminary
thereto, a recipient, and a therapist on | ||
behalf and in the interest of a
recipient, has the privilege to | ||
refuse to disclose and to prevent the
disclosure of the | ||
recipient's record or communications.
| ||
(1) Records and communications may be disclosed in a | ||
civil, criminal
or administrative proceeding in which the | ||
recipient introduces his mental
condition or any aspect of | ||
his services received for such condition as an
element of | ||
his claim or defense, if and only to the extent the court | ||
in
which the proceedings have been brought, or, in the case | ||
of an administrative
proceeding, the court to which an | ||
appeal or other action for review of an
administrative | ||
determination may be taken, finds, after in camera
| ||
examination of testimony or other evidence, that it is | ||
relevant, probative,
not unduly prejudicial or | ||
inflammatory, and otherwise clearly
admissible; that other | ||
satisfactory evidence is demonstrably unsatisfactory
as | ||
evidence of the facts sought to be established by such | ||
evidence; and
that disclosure is more important to the | ||
interests of substantial justice
than protection from | ||
injury to the therapist-recipient relationship or to
the | ||
recipient or other whom disclosure is likely to harm. | ||
Except in a criminal
proceeding in which the recipient, who | ||
is accused in that proceeding, raises
the defense of |
insanity, no record or communication between a therapist
| ||
and a recipient shall be deemed relevant for purposes of | ||
this subsection,
except the fact of treatment, the cost of | ||
services and the ultimate
diagnosis unless the party | ||
seeking disclosure of the communication clearly
| ||
establishes in the trial court a compelling need for its | ||
production.
However, for purposes of this Act, in any | ||
action brought or defended under
the Illinois Marriage and | ||
Dissolution of Marriage Act, or in any action in
which pain | ||
and suffering is an element of the claim, mental condition | ||
shall
not be deemed to be introduced merely by making such | ||
claim and shall be
deemed to be introduced only if the | ||
recipient or a witness on his behalf
first testifies | ||
concerning the record or communication.
| ||
(2) Records or communications may be disclosed in a | ||
civil proceeding after
the recipient's death when the | ||
recipient's physical or mental condition
has been | ||
introduced as an element of a claim or defense by any party | ||
claiming
or defending through or as a beneficiary of the | ||
recipient, provided the
court finds, after in camera | ||
examination of the evidence, that it is relevant,
| ||
probative, and otherwise clearly admissible; that other | ||
satisfactory evidence
is not available regarding the facts | ||
sought to be established by such evidence;
and that | ||
disclosure is more important to the interests of | ||
substantial justice
than protection from any injury which |
disclosure is likely to cause.
| ||
(3) In the event of a claim made or an action filed by | ||
a recipient, or,
following the recipient's death, by any | ||
party claiming as a beneficiary
of the recipient for injury | ||
caused in the course of providing services to such | ||
recipient, the therapist and other persons whose actions
| ||
are alleged
to have been the cause of injury may disclose | ||
pertinent records and
communications to an attorney or | ||
attorneys engaged to render advice about
and to provide | ||
representation in connection with such matter and to | ||
persons
working under the supervision of such attorney or | ||
attorneys, and may
testify as to such records or
| ||
communication in any administrative, judicial
or discovery | ||
proceeding for the purpose of preparing and presenting a
| ||
defense against such claim or action.
| ||
(4) Records and communications made to or by a | ||
therapist in the course
of examination ordered by a court | ||
for good cause shown may, if otherwise
relevant and | ||
admissible, be disclosed in a civil, criminal,
or | ||
administrative proceeding in which the recipient is a party | ||
or in
appropriate pretrial proceedings, provided such | ||
court has found that the
recipient has been as adequately | ||
and as effectively as possible informed
before submitting | ||
to such examination that such records and communications
| ||
would not be considered confidential or privileged. Such | ||
records and
communications shall be admissible only as to |
issues involving the
recipient's physical or mental | ||
condition and only to the extent that these
are germane to | ||
such proceedings.
| ||
(5) Records and communications may be disclosed in a | ||
proceeding under
the Probate Act of 1975, to determine a | ||
recipient's competency or need for
guardianship, provided | ||
that the disclosure is made only with respect to that | ||
issue.
| ||
(6) Records and communications may be disclosed to a | ||
court-appointed therapist, psychologist, or psychiatrist | ||
for use in determining a person's fitness to stand trial if | ||
the records were made within the 180-day period immediately | ||
preceding the date of the therapist's, psychologist's or | ||
psychiatrist's court appointment. These records and | ||
communications shall be admissible only as to the issue of | ||
the person's fitness to stand trial. Records and | ||
communications may be disclosed when such are made during
| ||
treatment which the recipient is ordered to undergo to | ||
render him fit to
stand trial on a criminal charge, | ||
provided that the disclosure is made only
with respect to | ||
the issue of fitness to stand trial.
| ||
(7) Records and communications of the recipient may be | ||
disclosed in any
civil or administrative proceeding | ||
involving the validity of or benefits
under a life, | ||
accident, health or disability insurance policy or | ||
certificate,
or Health Care Service Plan Contract, |
insuring the recipient, but only if
and to the extent that | ||
the recipient's mental condition, or treatment or
services | ||
in connection therewith, is a material element of any claim | ||
or
defense of any party, provided that information sought | ||
or disclosed shall
not be redisclosed except in connection | ||
with the proceeding in which
disclosure is made.
| ||
(8) Records or communications may be disclosed when | ||
such are relevant
to a matter in issue in any action | ||
brought under this Act and proceedings
preliminary | ||
thereto, provided that any information so disclosed shall | ||
not
be utilized for any other purpose nor be redisclosed | ||
except in connection
with such action or preliminary | ||
proceedings.
| ||
(9) Records and communications of the recipient may be | ||
disclosed in
investigations of and trials for homicide when | ||
the disclosure relates directly
to the fact or immediate | ||
circumstances of the homicide.
| ||
(10) Records and communications of a deceased | ||
recipient shall be
disclosed to a coroner conducting a | ||
preliminary investigation into the
recipient's death under | ||
Section 3-3013 of the Counties Code.
| ||
(11) Records and communications of a recipient shall be | ||
disclosed in a
proceeding
where a petition or motion is | ||
filed under the Juvenile Court Act of 1987 and
the | ||
recipient is
named as a parent, guardian, or legal | ||
custodian of a minor who is the subject
of a petition for |
wardship as
described in Section
2-3 of that Act or a minor | ||
who is the subject of a petition for wardship as
described | ||
in Section 2-4 of that
Act alleging the
minor is abused, | ||
neglected, or dependent or the recipient is named as a | ||
parent
of a child
who is the subject of
a petition, | ||
supplemental petition, or motion to appoint a guardian with | ||
the
power to consent to
adoption under Section 2-29 of the | ||
Juvenile Court Act
of 1987.
| ||
(12) Records and communications of a recipient may be
| ||
disclosed when disclosure is necessary to collect sums or | ||
receive
third party payment representing charges for | ||
mental health or
developmental disabilities services | ||
provided by a therapist or
agency to a recipient; however, | ||
disclosure shall be limited to
information needed to pursue | ||
collection, and the information so
disclosed may not be | ||
used for any other purposes nor may it be
redisclosed | ||
except in connection with collection activities.
Whenever | ||
records are disclosed pursuant to this subdivision (12), | ||
the
recipient of the records shall be advised in writing | ||
that any person who
discloses mental health records and | ||
communications in violation of this Act may
be subject to | ||
civil liability pursuant to Section 15 of this Act or to | ||
criminal
penalties pursuant to Section 16 of this Act or | ||
both.
| ||
(b) Before a disclosure is made under subsection (a), any | ||
party to the
proceeding or any other interested person may |
request an in camera review
of the record or communications to | ||
be disclosed. The court or agency
conducting the proceeding may | ||
hold an in camera review on its own motion.
When, contrary to | ||
the express wish of the recipient, the therapist asserts
a | ||
privilege on behalf and in the interest of a recipient, the | ||
court may
require that the therapist, in an in camera hearing, | ||
establish that
disclosure is not in the best interest of the | ||
recipient. The court or
agency may prevent disclosure or limit | ||
disclosure to the extent that other
admissible evidence is | ||
sufficient to establish the facts in issue. The
court or agency | ||
may enter such orders as may be necessary in order to
protect | ||
the confidentiality, privacy, and safety of the recipient or of
| ||
other persons. Any order to disclose or to not disclose shall | ||
be
considered a final order for purposes of appeal and shall be | ||
subject to
interlocutory appeal.
| ||
(c) A recipient's records and communications may be | ||
disclosed to a
duly authorized committee, commission or | ||
subcommittee of the General
Assembly which possesses subpoena | ||
and hearing powers, upon a written
request approved by a | ||
majority vote of the committee, commission or
subcommittee | ||
members. The committee, commission or subcommittee may
request | ||
records only for the purposes of investigating or studying
| ||
possible violations of recipient rights. The request shall | ||
state the
purpose for which disclosure is sought.
| ||
The facility shall notify the recipient, or his guardian, | ||
and therapist in
writing of any disclosure request under this |
subsection within 5 business
days after such request. Such | ||
notification shall also inform the
recipient, or guardian, and | ||
therapist of their right to object to the
disclosure within 10 | ||
business days after receipt of the notification and
shall | ||
include the name, address and telephone number of the
| ||
committee, commission or subcommittee member or staff person | ||
with whom an
objection shall be filed. If no objection has been | ||
filed within 15
business days after the request for disclosure, | ||
the facility shall disclose
the records and communications to | ||
the committee, commission or
subcommittee. If an objection has | ||
been filed within 15 business days after
the request for | ||
disclosure, the facility shall disclose the records and
| ||
communications only after the committee, commission or | ||
subcommittee has
permitted the recipient, guardian or | ||
therapist to present his objection in
person before it and has | ||
renewed its request for disclosure by a majority
vote of its | ||
members.
| ||
Disclosure under this subsection shall not occur until all | ||
personally
identifiable data of the recipient and provider are | ||
removed from the
records and communications. Disclosure under | ||
this subsection shall not
occur in any public proceeding.
| ||
(d) No party to any proceeding described under paragraphs | ||
(1), (2),
(3), (4), (7), or (8) of subsection (a) of this | ||
Section, nor his or
her attorney, shall serve a subpoena | ||
seeking to obtain access to records or
communications under | ||
this Act unless the subpoena is accompanied by a
written order |
issued by a judge or by the written consent under Section 5 of | ||
this Act of the person whose records are being sought, | ||
authorizing the disclosure of the records
or the issuance of | ||
the subpoena. No such written order shall be issued without | ||
written notice of the motion to the recipient and the treatment | ||
provider. Prior to issuance of the order, each party or other | ||
person entitled to notice shall be permitted an opportunity to | ||
be heard pursuant to subsection (b) of this Section. In the | ||
absence of the written consent under Section 5 of this Act of | ||
the person whose records are being sought, no person shall | ||
comply with a subpoena for
records or communications under this | ||
Act, unless the subpoena is
accompanied by a written order | ||
authorizing the issuance of the subpoena or
the disclosure of | ||
the records. Each subpoena issued by a court or administrative | ||
agency or served on any person pursuant to this subsection (d) | ||
shall include the following language: "No person shall comply | ||
with a subpoena for mental health records or communications | ||
pursuant to Section 10 of the Mental Health and Developmental | ||
Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | ||
subpoena is accompanied by a written order that authorizes the | ||
issuance of the subpoena and the disclosure of records or | ||
communications or by the written consent under Section 5 of | ||
that Act of the person whose records are being sought."
| ||
(e) When a person has been transported by a peace officer | ||
to a mental
health facility, then upon the request of a peace | ||
officer, if the person is
allowed to leave the mental health |
facility within 48 hours of arrival,
excluding Saturdays, | ||
Sundays, and holidays, the facility director shall notify
the | ||
local law enforcement authority prior to the release of the | ||
person. The
local law enforcement authority may re-disclose the | ||
information as necessary to
alert the appropriate enforcement | ||
or prosecuting authority.
| ||
(f) A recipient's records and communications shall be | ||
disclosed to the
Inspector General of the Department of Human | ||
Services within 10 business days
of a request by the Inspector | ||
General
(i) in the course of an investigation authorized by the | ||
Department of Human Services Act and applicable rule or (ii) | ||
during the course of an assessment authorized by the Abuse of | ||
Adults with Disabilities Intervention Act and applicable rule. | ||
The request
shall be
in writing and signed by the Inspector | ||
General or his or her designee. The
request shall state the | ||
purpose for which disclosure is sought. Any person who
| ||
knowingly and willfully refuses to comply with such a request | ||
is guilty of a
Class A misdemeanor. A recipient's records and | ||
communications shall also be disclosed pursuant to subsection | ||
(s) (g-5) of Section 1-17 of the Department of Human Services | ||
Act in testimony at health care worker registry hearings or | ||
preliminary proceedings when such are relevant to the matter in | ||
issue, provided that any information so disclosed shall not be | ||
utilized for any other purpose nor be redisclosed except in | ||
connection with such action or preliminary proceedings.
| ||
(Source: P.A. 97-566, eff. 1-1-12; 98-221, eff. 1-1-14; 98-908, |
eff. 1-1-15; revised 12-10-14.)
| ||
Section 555. The Illinois Marriage and Dissolution of | ||
Marriage Act is amended by changing Sections 220, 503, and 601 | ||
as follows: | ||
(750 ILCS 5/220) | ||
Sec. 220. Consent to jurisdiction. Members of a same-sex | ||
couple who enter into a marriage in this State consent to the | ||
jurisdiction of the courts of this State for the
purpose of any | ||
action relating to the marriage, even if one or both
parties | ||
cease to reside in this State. A court shall enter a
judgment | ||
of dissolution of marriage if , at the time the action is
| ||
commenced, it meets the grounds for dissolution of marriage set | ||
forth in this Act.
| ||
(Source: P.A. 98-597, eff. 6-1-14; revised 12-10-14.)
| ||
(750 ILCS 5/503) (from Ch. 40, par. 503)
| ||
Sec. 503. Disposition of property.
| ||
(a) For purposes of this Act, "marital property" means all | ||
property acquired
by either spouse subsequent to the marriage, | ||
except the following, which is
known as "non-marital property":
| ||
(1) property acquired by gift, legacy or descent;
| ||
(2) property acquired in exchange for property | ||
acquired before the
marriage or in exchange for property | ||
acquired by gift, legacy or descent;
|
(3) property acquired by a spouse after a judgment of | ||
legal separation;
| ||
(4) property excluded by valid agreement of the | ||
parties;
| ||
(5) any judgment or property obtained by judgment | ||
awarded to a spouse
from the other spouse;
| ||
(6) property acquired before the marriage;
| ||
(7) the increase in value of property acquired by a | ||
method listed in
paragraphs (1) through (6) of this | ||
subsection, irrespective of whether the
increase results | ||
from a contribution of marital property, non-marital | ||
property,
the personal effort of a spouse, or otherwise, | ||
subject to the right of
reimbursement provided in | ||
subsection (c) of this Section; and
| ||
(8) income from property acquired by a method listed in | ||
paragraphs (1)
through (7) of this subsection if the income | ||
is not attributable to the
personal effort of a spouse.
| ||
(b)(1) For purposes of distribution of property pursuant to | ||
this
Section, all property acquired by either spouse after the | ||
marriage and before a
judgment of dissolution of marriage or | ||
declaration of invalidity of marriage,
including non-marital | ||
property transferred into some form of co-ownership
between the | ||
spouses, is presumed to be marital property, regardless of | ||
whether
title is held individually or by the spouses in some | ||
form of co-ownership such
as joint tenancy, tenancy in common, | ||
tenancy by the entirety, or community
property. The presumption |
of marital property is overcome by a showing that
the property | ||
was acquired by a method listed in subsection (a) of this | ||
Section.
| ||
(2) For purposes of distribution of property pursuant to | ||
this Section,
all pension benefits (including pension benefits | ||
under the Illinois Pension
Code) acquired by either spouse | ||
after the marriage and before a judgment of
dissolution of | ||
marriage or declaration of invalidity of the marriage are
| ||
presumed to be marital property, regardless of which spouse | ||
participates in the
pension plan. The presumption that these | ||
pension benefits are marital property
is overcome by a showing | ||
that the pension benefits were acquired by a method
listed in | ||
subsection (a) of this Section. The right to a division of | ||
pension
benefits in just proportions under this Section is | ||
enforceable under Section
1-119 of the Illinois Pension Code.
| ||
The value of pension benefits in a retirement system | ||
subject to the Illinois
Pension Code shall be determined in | ||
accordance with the valuation procedures
established by the | ||
retirement system.
| ||
The recognition of pension benefits as marital property and | ||
the division of
those benefits pursuant to a Qualified Illinois | ||
Domestic Relations Order shall
not be deemed to be a | ||
diminishment, alienation, or impairment of those
benefits. The | ||
division of pension benefits is an allocation of property in
| ||
which each spouse has a species of common ownership.
| ||
(3) For purposes of distribution of property under this |
Section, all stock
options granted to either spouse after the | ||
marriage and before a judgment of
dissolution of marriage or | ||
declaration of invalidity of marriage, whether
vested or | ||
non-vested or whether their value is ascertainable, are | ||
presumed to
be marital property. This presumption of marital | ||
property is overcome by a
showing that the stock options were | ||
acquired by a method listed in subsection
(a) of this Section. | ||
The court shall allocate stock options between the
parties at | ||
the time of the judgment of dissolution of marriage or | ||
declaration
of invalidity of marriage recognizing that the | ||
value of the stock options may
not be then determinable and | ||
that the actual division of the options may not
occur until a | ||
future date. In making the allocation between the parties, the
| ||
court shall consider, in addition to the factors set forth in | ||
subsection (d) of
this Section, the following:
| ||
(i) All circumstances underlying the grant of the stock | ||
option including
but not limited to whether the grant was | ||
for past, present, or future efforts,
or any combination | ||
thereof.
| ||
(ii) The length of time from the grant of the option to | ||
the time the
option is exercisable.
| ||
(b-5) As to any policy of life insurance insuring the life | ||
of either spouse, or any interest in such policy, that | ||
constitutes marital property, whether whole life, term life, | ||
group term life, universal life, or other form of life
| ||
insurance policy, and whether or not the value is |
ascertainable, the court shall allocate ownership, death | ||
benefits or the
right to assign death benefits, and the | ||
obligation for premium payments, if any, equitably between the | ||
parties at the
time of the judgment for dissolution or | ||
declaration of invalidity of marriage. | ||
(c) Commingled marital and non-marital property shall be | ||
treated in
the following manner, unless otherwise agreed by the | ||
spouses:
| ||
(1) When marital and non-marital property are | ||
commingled by contributing
one estate of property into | ||
another resulting in a loss of identity of the
contributed | ||
property, the classification of the contributed property | ||
is
transmuted to the estate receiving the contribution, | ||
subject to the provisions
of paragraph (2) of this | ||
subsection; provided that if marital and non-marital
| ||
property are commingled into newly acquired property | ||
resulting in a loss
of identity of the contributing | ||
estates, the commingled property shall be
deemed | ||
transmuted to marital property, subject to the provisions | ||
of paragraph
(2) of this subsection.
| ||
(2) When one estate of property makes a contribution to | ||
another estate
of property, or when a spouse contributes | ||
personal effort to non-marital
property, the contributing | ||
estate shall be reimbursed from the estate receiving
the | ||
contribution notwithstanding any transmutation; provided, | ||
that no such
reimbursement shall be made with respect to a |
contribution which is not
retraceable by clear and | ||
convincing evidence, or was a gift, or, in the
case of a | ||
contribution of personal effort of a spouse to non-marital | ||
property,
unless the effort is significant and results in | ||
substantial appreciation
of the non-marital property. | ||
Personal effort of a spouse shall be deemed
a contribution | ||
by the marital estate. The court may provide for | ||
reimbursement
out of the marital property to be divided or | ||
by imposing a lien against the
non-marital property which | ||
received the contribution.
| ||
(d) In a proceeding for dissolution of marriage or | ||
declaration of invalidity
of marriage, or in a proceeding for | ||
disposition of property following
dissolution of marriage by a | ||
court which lacked personal jurisdiction over the
absent spouse | ||
or lacked jurisdiction to dispose of the property, the court
| ||
shall assign each spouse's non-marital property to that spouse. | ||
It also shall
divide the marital property without regard to | ||
marital misconduct in just
proportions considering all | ||
relevant factors, including:
| ||
(1) the contribution of each party to the acquisition, | ||
preservation, or
increase or decrease in value of the | ||
marital or non-marital property, including
(i) any such | ||
decrease attributable to a payment deemed to have been an | ||
advance from the parties' marital estate under subsection | ||
(c-1)(2) of Section 501 and (ii) the contribution of a | ||
spouse as a homemaker or to the family unit;
|
(2) the dissipation by each party of the marital or | ||
non-marital property, provided that a party's claim of | ||
dissipation is subject to the following conditions:
| ||
(i) a notice of intent to claim dissipation shall | ||
be given no later than 60 days
before trial or 30 days | ||
after discovery closes, whichever is later; | ||
(ii) the notice of intent to claim dissipation | ||
shall contain, at a minimum, a date or period of time | ||
during which the marriage began undergoing an | ||
irretrievable breakdown, an identification of the | ||
property dissipated, and a date or period of time | ||
during which the dissipation occurred; | ||
(iii) the notice of intent to claim dissipation | ||
shall be filed with the clerk of the court and be | ||
served pursuant to applicable rules; | ||
(iv) no dissipation shall be deemed to have | ||
occurred prior to 5 years before the filing of the | ||
petition for dissolution of marriage, or 3 years after | ||
the party
claiming dissipation knew or should have | ||
known of the dissipation;
| ||
(3) the value of the property assigned to each spouse;
| ||
(4) the duration of the marriage;
| ||
(5) the relevant economic circumstances of each spouse | ||
when the division
of property is to become effective, | ||
including the desirability of awarding
the family home, or | ||
the right to live therein for reasonable periods, to the
|
spouse having custody of the children;
| ||
(6) any obligations and rights arising from a prior | ||
marriage
of either party;
| ||
(7) any antenuptial agreement of the parties;
| ||
(8) the age, health, station, occupation, amount and | ||
sources of income,
vocational skills, employability, | ||
estate, liabilities, and needs of each of the
parties;
| ||
(9) the custodial provisions for any children;
| ||
(10) whether the apportionment is in lieu of or in | ||
addition to
maintenance;
| ||
(11) the reasonable opportunity of each spouse for | ||
future acquisition
of capital assets and income; and
| ||
(12) the tax consequences of the property division upon | ||
the
respective economic circumstances of the parties.
| ||
(e) Each spouse has a species of common ownership in the | ||
marital property
which vests at the time dissolution | ||
proceedings are commenced and continues
only during the | ||
pendency of the action. Any such interest in marital property
| ||
shall not encumber that property so as to restrict its | ||
transfer, assignment
or conveyance by the title holder unless | ||
such title holder is specifically
enjoined from making such | ||
transfer, assignment or conveyance.
| ||
(f) In a proceeding for dissolution of marriage or | ||
declaration of
invalidity of marriage or in a proceeding for | ||
disposition of property
following dissolution of marriage by a | ||
court that lacked personal
jurisdiction over the absent spouse |
or lacked jurisdiction to dispose of
the property, the court, | ||
in determining the value of the marital and
non-marital | ||
property for purposes of dividing the property, shall value the
| ||
property as of the date of trial or some other date as close to | ||
the date
of trial as is practicable.
| ||
(g) The court if necessary to protect and promote the best | ||
interests of the
children may set aside a portion of the | ||
jointly or separately held
estates of the parties in a separate | ||
fund or trust for the support,
maintenance, education, physical | ||
and mental health, and general welfare of any minor, dependent,
| ||
or incompetent child of the parties. In making a determination | ||
under this
subsection, the court may consider, among other | ||
things, the conviction of a
party of any of the offenses set | ||
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||
12-15, or 12-16, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 if the
victim is a
child of one or both of the | ||
parties, and there is a need for, and cost of,
care, healing | ||
and counseling for the child who is the victim of the crime.
| ||
(h) Unless specifically directed by a reviewing court, or | ||
upon good
cause shown, the court shall not on remand consider | ||
any increase or
decrease in the value of any "marital" or | ||
"non-marital" property occurring
since the assessment of such | ||
property at the original trial or hearing, but
shall use only | ||
that assessment made at the original trial or hearing.
|
(i) The court may make such judgments affecting the marital | ||
property
as may be just and may enforce such judgments by | ||
ordering a sale of marital
property, with proceeds therefrom to | ||
be applied as determined by the court.
| ||
(j) After proofs have closed in the final hearing on all | ||
other issues
between the parties (or in conjunction with the | ||
final hearing, if all parties
so stipulate) and before judgment | ||
is entered, a party's petition for
contribution to fees and | ||
costs incurred in the proceeding shall be heard and
decided, in | ||
accordance with the following provisions:
| ||
(1) A petition for contribution, if not filed before | ||
the final hearing
on other issues between the parties, | ||
shall be filed no later than 30 days after
the closing of | ||
proofs in the final hearing or within such other period as | ||
the
court orders.
| ||
(2) Any award of contribution to one party from the | ||
other party shall be
based on the criteria for division of | ||
marital property under this Section 503
and, if maintenance | ||
has been awarded, on the criteria for an award of
| ||
maintenance under Section 504.
| ||
(3) The filing of a petition for contribution shall not | ||
be deemed to
constitute a waiver of the attorney-client | ||
privilege between the petitioning
party and current or | ||
former counsel; and such a waiver shall not constitute a
| ||
prerequisite to a hearing for contribution. If either | ||
party's presentation on
contribution, however, includes |
evidence within the scope of the
attorney-client | ||
privilege, the disclosure or disclosures shall be narrowly
| ||
construed and shall not be deemed by the court to | ||
constitute a general waiver
of the privilege as to matters | ||
beyond the scope of the presentation.
| ||
(4) No finding on which a contribution award is based | ||
or denied shall be
asserted against counsel or former | ||
counsel for purposes of any hearing under
subsection (c) or | ||
(e) of Section 508.
| ||
(5) A contribution award (payable to either the | ||
petitioning
party or the party's counsel, or jointly, as | ||
the court determines) may be in
the form of either a set | ||
dollar amount or a percentage of fees and costs (or a
| ||
portion of fees and costs) to be subsequently agreed upon | ||
by the petitioning
party and counsel or, alternatively, | ||
thereafter determined in a hearing
pursuant to subsection | ||
(c) of Section 508 or previously or thereafter
determined | ||
in an independent proceeding under subsection (e) of | ||
Section
508.
| ||
(6) The changes to this Section 503 made by this | ||
amendatory Act of 1996
apply to cases pending on or after | ||
June 1, 1997, except as otherwise provided
in Section 508.
| ||
(k) The changes made to this Section by Public Act 97-941 | ||
this amendatory Act of the 97th General Assembly apply only to | ||
petitions for dissolution of marriage filed on or after January | ||
1, 2013 ( the effective date of Public Act 97-941) this |
amendatory Act of the 97th General Assembly . | ||
(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section | ||
985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff. | ||
7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff. | ||
1-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||
(750 ILCS 5/601) (from Ch. 40, par. 601)
| ||
Sec. 601. Jurisdiction; Commencement of Proceeding.
| ||
(a) A court of this State competent to decide child custody | ||
matters has
jurisdiction to make a child custody determination | ||
in original or modification
proceedings as provided in Section | ||
201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||
Act as
adopted by this State.
| ||
(b) A child custody proceeding is commenced in the court:
| ||
(1) by a parent, by filing a petition:
| ||
(i) for dissolution of marriage or legal | ||
separation or declaration
of invalidity of marriage; | ||
or
| ||
(ii) for custody of the child, in the county in | ||
which he is
permanently resident or found;
| ||
(2) by a person other than a parent, by filing a | ||
petition for
custody of the child in the county in which he | ||
is permanently resident
or found, but only if he is not in | ||
the physical custody of one of his
parents; or
| ||
(3) by a stepparent, by filing a petition, if all of | ||
the following
circumstances are met:
|
(A) the child is at least 12 years old;
| ||
(B) the custodial parent and stepparent were | ||
married for at least 5
years during which the child | ||
resided with the parent and stepparent;
| ||
(C) the custodial parent is deceased or is disabled | ||
and cannot perform
the duties of a parent to the child;
| ||
(D) the stepparent provided for the care, control, | ||
and welfare to the
child prior to the initiation of | ||
custody proceedings;
| ||
(E) the child wishes to live with the stepparent; | ||
and
| ||
(F) it is alleged to be in the best interests and | ||
welfare of the
child to live with the stepparent as | ||
provided in Section 602 of this Act ; or . | ||
(4) when When one of the parents is deceased, by a | ||
grandparent who is a parent or stepparent of a deceased | ||
parent, by filing a petition, if one or more of the | ||
following existed at the time of the parent's death: | ||
(A) the surviving parent had been absent from the | ||
marital abode for more than one month without the | ||
deceased spouse knowing his or her whereabouts; | ||
(B) the surviving parent was in State or federal | ||
custody; or | ||
(C) the surviving parent had: (i) received | ||
supervision for or been convicted of any violation of | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||
19-6, or Article 12 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 directed towards the deceased | ||
parent or the child; or (ii) received supervision or | ||
been convicted of violating an order of protection | ||
entered under Section 217, 218, or 219 of the Illinois | ||
Domestic Violence Act of 1986 for the protection of the | ||
deceased parent or the child.
| ||
(c) Notice of a child custody proceeding, including an | ||
action
for modification of a previous custody order, shall be | ||
given to the
child's parents, guardian and custodian, who may | ||
appear, be heard, and
file a responsive pleading. The court, | ||
upon showing of good cause, may
permit intervention of other | ||
interested parties.
| ||
(d) Proceedings for modification of a previous custody | ||
order
commenced more than 30 days following the entry of a | ||
previous custody order
must be initiated by serving a written | ||
notice and a copy of the petition
for modification upon the | ||
child's parent, guardian and custodian at least
30 days prior | ||
to hearing on the petition. Nothing in this Section shall
| ||
preclude a party in custody modification proceedings from | ||
moving for a
temporary order under Section 603 of this Act.
| ||
(e) (Blank). | ||
(f) The court shall, at the court's discretion or upon the | ||
request of any party entitled to petition for custody of the | ||
child, appoint a guardian ad litem to represent the best |
interest of the child for the duration of the custody | ||
proceeding or for any modifications of any custody orders | ||
entered. Nothing in this Section shall be construed to prevent | ||
the court from appointing the same guardian ad litem for 2 or | ||
more children that are siblings or half-siblings.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||
Section 560. The Uniform Interstate Family Support Act is | ||
amended by changing Section 102 as follows:
| ||
(750 ILCS 22/102) (was 750 ILCS 22/101)
| ||
Sec. 102. Definitions. In this Act:
| ||
"Child" means an individual, whether over or under the
age | ||
of 18, who is or is alleged to be owed a duty of support by the
| ||
individual's parent or who is or is alleged to be the | ||
beneficiary of a
support order directed to the parent.
| ||
"Child-support order" means a support order for a child,
| ||
including a child who has attained the age of 18.
| ||
"Duty of support" means an obligation imposed or imposable
| ||
by law to provide support for a child, spouse, or former
spouse | ||
including an unsatisfied obligation to provide support.
| ||
"Home state" means the state in which a child lived with a
| ||
parent or a person acting as parent for at least 6 consecutive | ||
months
immediately preceding the time of filing of a petition | ||
or comparable
pleading for support, and if a child is less than | ||
6 months old, the state
in which the child lived from birth |
with any of them. A period of
temporary absence of any of them | ||
is counted as part of the 6-month or
other period.
| ||
"Income" includes earnings or other periodic entitlements | ||
to
money from any source and any other property subject to | ||
withholding for
support under the law of this State.
| ||
"Income-withholding order" means an order or other legal
| ||
process directed to an obligor's employer or other debtor, as
| ||
defined by the Illinois Marriage and Dissolution of Marriage | ||
Act, the
Non-Support of Spouse and Children Act, the | ||
Non-Support Punishment Act ,
the Illinois Public Aid Code, and | ||
the Illinois Parentage Act of 1984, to
withhold support from | ||
the income of the obligor.
| ||
"Initiating state" means a state from which a proceeding is
| ||
forwarded or in which a proceeding is filed for forwarding to a | ||
responding
state under this Act or a law or procedure | ||
substantially similar to this Act.
| ||
"Initiating tribunal" means the authorized tribunal in an
| ||
initiating state.
| ||
"Issuing state" means the state in which a tribunal issues | ||
a
support order or renders a judgment determining parentage.
| ||
"Issuing tribunal" means the tribunal that issues a support
| ||
order or renders a judgment determining parentage.
| ||
"Obligee" means:
| ||
(A) an individual to whom a duty of support is or is | ||
alleged to
be owed or in whose favor a support order has | ||
been issued or a judgment
determining parentage has been |
rendered;
| ||
(B) a state or political subdivision to which the | ||
rights under a
duty of support or support order have been | ||
assigned or which has
independent claims based on financial | ||
assistance provided to an
individual obligee; or
| ||
(C) an individual seeking a judgment determining | ||
parentage of
the individual's child.
| ||
"Obligor" means an individual, or the estate of a decedent:
| ||
(i) who owes or is alleged to owe a duty of | ||
support;
| ||
(ii) who is alleged but has not been adjudicated to | ||
be
a parent of a child; or
| ||
(iii) who is liable under a support order.
| ||
"Person means an individual, corporation, business trust, | ||
estate, trust,
partnership, limited liability company, | ||
association, joint venture, government,
governmental | ||
subdivision, agency, instrumentality, public corporation, or | ||
any
other legal or commercial entity.
| ||
"Record" means information that is inscribed on a tangible | ||
medium or that
is stored in an electronic or other medium and | ||
is retrievable in perceivable
form.
| ||
"Register" means to record a support order or judgment | ||
determining parentage
in the appropriate Registry of Foreign | ||
Support Orders.
| ||
"Registering tribunal" means a tribunal in which a support
| ||
order is registered.
|
"Responding state" means a state in which a proceeding is | ||
filed or to
which a proceeding is forwarded for filing from an | ||
initiating state under
this Act or a law or procedure | ||
substantially similar to this Act.
| ||
"Responding tribunal" means the authorized tribunal in a | ||
responding state.
| ||
"Spousal-support order" means a support order for a spouse
| ||
or former spouse of the obligor.
| ||
"State" means a state of the United States, the District of | ||
Columbia, Puerto
Rico, the United States Virgin Islands, or any | ||
territory or insular possession
subject to the jurisdiction of | ||
the United States. The term includes:
| ||
(A) an Indian tribe; and
| ||
(B) a foreign country or political subdivision that:
| ||
(i) has been declared to be a foreign reciprocating | ||
country or
political subdivision under federal law;
| ||
(ii) has established a reciprocal arrangement for | ||
child support with
this State as provided in Section | ||
308; or
| ||
(iii) has enacted a law or established procedures | ||
for issuance
and enforcement of support orders which | ||
are substantially similar to the
procedures under this | ||
Act.
| ||
"Support enforcement agency" means a public official or
| ||
agency authorized to seek:
| ||
(A) enforcement of support orders or laws relating to |
the duty
of support;
| ||
(B) establishment or modification of child support;
| ||
(C) determination of parentage;
| ||
(D) to locate obligors or their assets; or
| ||
(E) determination of the controlling child support | ||
order.
| ||
"Support order" means a judgment, decree, order, or | ||
directive, whether
temporary, final, or subject to | ||
modification, issued by a tribunal for the
benefit of a child, | ||
a spouse, or a former spouse, which provides for monetary
| ||
support, health care, arrearages, or reimbursement, and may | ||
include related
costs and fees, interest, income withholding, | ||
attorney's fees, and other
relief.
| ||
"Tribunal" means a court, administrative agency, or
| ||
quasi-judicial entity authorized to establish, enforce, or
| ||
modify support orders or to determine parentage.
| ||
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised | ||
11-26-14.)
| ||
Section 565. The Adoption Act is amended by changing | ||
Section 18.2 as follows:
| ||
(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||
Sec. 18.2. Forms.
| ||
(a) The Department shall develop the Illinois Adoption | ||
Registry forms as provided in this Section. The General |
Assembly shall reexamine the content of the form as requested | ||
by the Department, in consultation with the Registry Advisory | ||
Council. The form of the Birth Parent Registration
| ||
Identification Form shall be substantially as follows:
| ||
BIRTH PARENT REGISTRATION IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state that I am the ...... (mother or father) of the
| ||
following child:
| ||
Child's original name: ..... (first) ..... (middle) ..... | ||
(last),
..... (hour of birth), ..... (date of birth), | ||
..... (city and state of
birth), ..... (name of | ||
hospital).
| ||
Father's full name: ...... (first) ...... (middle) ..... | ||
(last),
..... (date of birth), ..... (city and state of | ||
birth).
| ||
Name of mother inserted on birth certificate: ..... (first) | ||
.....
(middle) ..... (last), ..... (race), ..... (date | ||
of birth), ......
(city and state of birth).
| ||
That I surrendered my child to: ............. (name of agency), | ||
.....
(city and state of agency), ..... (approximate date | ||
child surrendered).
| ||
That I placed my child by private adoption: ..... (date),
| ||
...... (city
and state).
| ||
Name of adoptive parents, if known: ......
| ||
Other identifying information: .....
| ||
........................
|
(Signature of parent)
| ||
............ ........................
| ||
(date) (printed name of parent)
| ||
(b) The form of the Adopted Person
Registration | ||
Identification shall be substantially
as follows:
| ||
ADOPTED PERSON
| ||
REGISTRATION IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Adopted Person's present name: ..... (first) ..... | ||
(middle)
..... (last).
| ||
Adopted Person's name at birth (if known): ..... (first)
| ||
..... (middle) .....
(last), ..... (birth date), ..... | ||
(city and state of birth), ......
(sex), ..... (race).
| ||
Name of adoptive father: ..... (first) ..... (middle) ..... | ||
(last), .....
(race).
| ||
Maiden name of adoptive mother: ..... (first) ..... | ||
(middle) .....
(last), ..... (race).
| ||
Name of birth mother (if known): ..... (first) .....
| ||
(middle)
..... (last), ..... (race).
| ||
Name of birth father (if known): ..... (first) .....
| ||
(middle)
..... (last), ..... (race).
| ||
Name(s) at birth of sibling(s) having a common birth
parent | ||
with adoptee
(if known): ..... (first) ..... (middle) | ||
..... (last), ..... (race), and name
of common birth |
parent: ..... (first) ..... (middle) .....
(last),
| ||
..... (race).
| ||
I was adopted through: ..... (name of agency).
| ||
I was adopted privately: ..... (state "yes" if known).
| ||
I was adopted in ..... (city and state), ..... (approximate | ||
date).
| ||
Other identifying information: .............
| ||
......................
| ||
(signature of adoptee)
| ||
........... .........................
| ||
(date) (printed name of adoptee)
| ||
(c) The form of the Surrendered Person Registration | ||
Identification shall be
substantially as follows:
| ||
SURRENDERED PERSON REGISTRATION
| ||
IDENTIFICATION
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Surrendered Person's present name: ..... (first) .....
| ||
(middle) ..... (last).
| ||
Surrendered Person's name at birth (if known): ..... | ||
(first)
.....
(middle) ..... (last), .....(birth | ||
date), ..... (city and state of
birth), ...... (sex), | ||
..... (race).
| ||
Name of guardian father: ..... (first) ..... (middle) ..... | ||
(last), .....
(race).
|
Maiden name of guardian mother: ..... (first) ..... | ||
(middle) .....
(last), ..... (race).
| ||
Name of birth mother (if known): ..... (first) .....
| ||
(middle) .....
(last) ..... (race).
| ||
Name of birth father (if known): ..... (first) .....
| ||
(middle) .....
(last), .....(race).
| ||
Name(s) at birth of sibling(s) having a common birth
parent | ||
with surrendered person
(if known): ..... (first) | ||
..... (middle) ..... (last), ..... (race), and name
of | ||
common birth parent: ..... (first) ..... (middle) | ||
.....
(last),
..... (race).
| ||
I was surrendered for adoption to: ..... (name of agency).
| ||
I was surrendered for adoption in ..... (city and state), ..... | ||
(approximate
date).
| ||
Other identifying information: ............
| ||
................................
| ||
(signature of surrendered person)
| ||
............ ......................
| ||
(date) (printed name of person
| ||
surrendered for adoption)
| ||
(c-3) The form of the Registration Identification Form for | ||
Surviving Relatives of Deceased Birth Parents shall be | ||
substantially as follows:
| ||
REGISTRATION IDENTIFICATION FORM
| ||
FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
|
(Insert all known information)
| ||
I, ....., state the following:
| ||
Name of deceased birth parent at time of surrender:
| ||
Deceased birth parent's date of birth:
| ||
Deceased birth parent's date of death:
| ||
Adopted or surrendered person's name at birth (if known): | ||
.....(first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race).
| ||
My relationship to the adopted or surrendered person (check | ||
one): (birth parent's non-surrendered child) (birth parent's | ||
sister) (birth parent's brother).
| ||
If you are a non-surrendered child of the birth parent, provide | ||
name(s) at birth and age(s) of non-surrendered siblings having | ||
a common parent with the birth parent. If more than one | ||
sibling, please give information requested below on reverse | ||
side of this form. If you are a sibling or parent of the birth | ||
parent, provide name(s) at birth and age(s) of the sibling(s) | ||
of the birth parent. If more than one sibling, please give | ||
information requested below on reverse side of this form.
| ||
Name (First) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race).
| ||
Name(s) of common parent(s) (first) ..... (middle) ..... | ||
(last), .....(race), (first) ..... (middle) ..... |
(last), .....(race).
| ||
My birth sibling/child of my brother/child of my sister/ was | ||
surrendered for adoption to ..... (name of agency) City and | ||
state of agency ..... Date .....(approximate) Other | ||
identifying information ..... (Please note that you must: (i) | ||
be at least 21 years of age to register; (ii) submit with your | ||
registration a certified copy of the birth parent's birth | ||
certificate; (iii) submit a certified copy of the birth | ||
parent's death certificate; and (iv) if you are a | ||
non-surrendered birth sibling or a sibling of the deceased | ||
birth parent, also submit a certified copy of your birth | ||
certificate with this registration. No application from a | ||
surviving relative of a deceased birth parent can be accepted | ||
if the birth parent filed a Denial of Information Exchange | ||
prior to his or her death.)
| ||
................................
| ||
(signature of birth parent's surviving relative)
| ||
............ ............ | ||
(date) (printed name of birth | ||
parent's surviving relative) | ||
(c-5) The form of the Registration Identification Form for | ||
Surviving Relatives of Deceased Adopted or Surrendered Persons | ||
shall be substantially as follows:
| ||
REGISTRATION IDENTIFICATION FORM FOR
|
SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||
(Insert all known information)
| ||
I, ....., state the following:
| ||
Adopted or surrendered person's name at birth (if known): | ||
(first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race). | ||
Adopted or surrendered person's date of death:
| ||
My relationship to the deceased adopted or surrendered | ||
person(check one): (adoptive mother) (adoptive father) (adult | ||
child) (surviving spouse).
| ||
If you are an adult child or surviving spouse of the adopted or | ||
surrendered person, provide name(s) at birth and age(s) of the | ||
children of the adopted or surrendered person. If the adopted | ||
or surrendered person had more than one child, please give | ||
information requested below on reverse side of this form. | ||
Name (first) ..... (middle) ..... (last), .....(birth | ||
date), ..... (city and state of birth), ...... (sex), | ||
..... (race). | ||
Name(s) of common parent(s) (first) ..... (middle) ..... | ||
(last), .....(race), (first) ..... (middle) ..... | ||
(last), .....(race).
| ||
My child/parent/deceased spouse was surrendered for | ||
adoption to .....(name of agency) City and state of agency | ||
..... Date ..... (approximate) Other identifying | ||
information ..... (Please note that you must: (i) be at |
least 21 years of age to register; (ii) submit with your | ||
registration a certified copy of the adopted or surrendered | ||
person's death certificate; (iii) if you are the child of a | ||
deceased adopted or surrendered person, also submit a | ||
certified copy of your birth certificate with this | ||
registration; and (iv) if you are the surviving wife or | ||
husband of a deceased adopted or surrendered person, also | ||
submit a copy of your marriage certificate with this | ||
registration. No application from a surviving relative of a | ||
deceased adopted or surrendered person can be accepted if | ||
the adopted or surrendered person filed a Denial of | ||
Information Exchange prior to his or her death.)
| ||
................................
| ||
(signature of adopted or surrendered person's surviving
| ||
relative)
| ||
............ ............ | ||
(date) (printed name of adopted
| ||
person's surviving relative)
| ||
(d) The form of the Information Exchange Authorization | ||
shall be
substantially
as follows:
| ||
INFORMATION EXCHANGE AUTHORIZATION
| ||
I, ....., state that I am the person who completed the | ||
Registration
Identification; that I am of the age of ..... |
years; that I hereby
authorize the Department of Public Health | ||
to give to the following person(s)
(birth mother
)
(birth | ||
father) (birth sibling) (adopted or surrendered person
) | ||
(adoptive mother) (adoptive father) (legal guardian of an | ||
adopted or surrendered person) (birth aunt) (birth uncle) | ||
(adult child of a deceased adopted or surrendered person) | ||
(surviving spouse of a deceased adopted or surrendered person) | ||
(all eligible relatives) the following
(please check the
| ||
information
authorized for exchange):
| ||
[ ] 1. Only my name and last known address.
| ||
[ ] 2. A copy of my Illinois Adoption Registry | ||
Application.
| ||
[ ] 3. A non-certified copy of the adopted or | ||
surrendered person's original certificate of live birth | ||
(check only if you are an adopted or surrendered person or | ||
the surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person).
| ||
[ ] 4. A copy of my completed medical questionnaire.
| ||
I am fully aware that I can only be supplied with
| ||
information about an individual or individuals who have
duly
| ||
executed an Information Exchange Authorization that
has
not | ||
been revoked or, if I am an adopted or surrendered person, from | ||
a birth parent who completed a Birth Parent Preference Form and | ||
did not prohibit the release of his or her identity to me; that | ||
I can be contacted by writing to: ..... (own name or
name of | ||
person to contact) (address) (phone number).
|
NOTE: New IARMIE registrants who do not complete a Medical | ||
Information Exchange Questionnaire and release a copy of their | ||
questionnaire to at least one Registry applicant must pay a $15 | ||
registration fee. | ||
Dated (insert date).
| ||
.............. | ||
(signature)
| ||
(e) The form of the Denial of Information Exchange shall be
| ||
substantially as follows:
| ||
DENIAL OF INFORMATION EXCHANGE
| ||
I, ....., state that I am the person who completed the | ||
Registration
Identification; that I am of the age of ..... | ||
years; that I hereby
instruct the Department of Public Health | ||
not to give any identifying
information about me to the | ||
following person(s)
(birth mother) (birth father) (birth | ||
sibling)(adopted or surrendered person)(adoptive mother) | ||
(adoptive father)(legal guardian of an adopted or surrendered | ||
person)(birth aunt)(birth uncle)(adult child of a deceased | ||
adopted or surrendered person) (surviving spouse of a deceased | ||
adopted or surrendered person) (all eligible relatives).
| ||
I do/do not (circle appropriate response) authorize the | ||
Registry to release a copy of my completed Medical Information | ||
Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||
New IARMIE registrants who do not complete a Medical | ||
Information Exchange Questionnaire and release a copy of their |
questionnaire to at least one Registry applicant must pay a $15 | ||
registration fee.
Birth parents filing a Denial of Information | ||
Exchange are advised that, under Illinois law, an adult adopted | ||
person may initiate a search for a birth parent who has filed a | ||
Denial of Information Exchange or Birth Parent Preference Form | ||
on which Option E was selected through the State confidential | ||
intermediary program once 5 years have elapsed since the filing | ||
of the Denial of Information Exchange or Birth Parent | ||
Preference Form.
| ||
Dated (insert date).
| ||
............... | ||
(signature)
| ||
(f) The form of the Birth Parent Preference Form shall be | ||
substantially as follows: | ||
In recognition of the basic right of all persons to access | ||
their birth records, Illinois law now provides for the release | ||
of original birth certificates to adopted and surrendered | ||
persons 21 years of age or older upon request. While many birth | ||
parents are comfortable sharing their identities or initiating | ||
contact with their birth sons and daughters once they have | ||
reached adulthood, Illinois law also recognizes that there may | ||
be unique situations where a birth parent might have a | ||
compelling reason for not wishing to establish contact with a | ||
birth son or birth daughter or for not wishing to release | ||
identifying information that appears on the original birth |
certificate of a birth son or birth daughter who has reached | ||
adulthood. The Illinois Adoption Registry and Medical | ||
Information Exchange (IARMIE) has therefore established the | ||
attached form to allow birth parents to express their | ||
preferences regarding contact; and, if their birth child was | ||
born on or after January 1, 1946, to express their wishes | ||
regarding the sharing of identifying information listed on the | ||
original birth certificate with an adult adopted or surrendered | ||
person who has reached the age of 21 or his or her surviving | ||
relatives. | ||
In selecting one of the 5 options below, birth parents | ||
should keep in mind that the decision to deny an adult adopted | ||
or surrendered person access to identifying information on his | ||
or her original birth record and/or information about | ||
genetically-transmitted diseases is an important decision that | ||
may impact the adopted or surrendered person's life in many | ||
ways. A request for anonymity on this form only pertains to | ||
information that is provided to an adult adopted or surrendered | ||
person or his or her surviving relatives through the Registry. | ||
This will not prevent the disclosure of identifying information | ||
that may be available to the adoptee through his or her | ||
adoptive parents and/or other means available to him or her. | ||
Birth parents who would prefer not to be contacted by their | ||
surrendered son or daughter are strongly urged to complete both | ||
the Non-Identifying Information Section included on the final | ||
page of the attached form and the Medical Questionnaire in |
order to provide their surrendered son or daughter with the | ||
background information he or she may need to better understand | ||
his or her origins. Birth parents whose birth son or birth | ||
daughter is under 21 years of age at the time of the completion | ||
of this form are reminded that no original birth certificate | ||
will be released by the IARMIE before an adoptee has reached | ||
the age of 21. Should you need additional assistance in | ||
completing this form, please contact the agency that handled | ||
the adoption, if applicable, or the Illinois Adoption Registry | ||
and Medical Information Exchange at 877-323-5299. | ||
After careful consideration, I have made the following | ||
decision regarding contact with my birth son/birth daughter, | ||
(insert birth son's/birth daughter's name at birth, if | ||
applicable) ......, who was born in (insert city/town of birth) | ||
...... on (insert date of birth)...... and the release of my | ||
identifying information as it appears on his/her original birth | ||
certificate when he/she reaches the age of 21, and I have | ||
chosen Option ...... (insert A, B, C, D, or E, as applicable). | ||
I realize that this form must be accompanied by a completed | ||
IARMIE application form as well as a Medical Information | ||
Exchange Questionnaire or the $15 registration fee. I am also | ||
aware that I may revoke this decision at any time by completing | ||
a new Birth Parent Preference Form and filing it with the | ||
IARMIE. I understand that it is my responsibility to update the | ||
IARMIE with any changes to contact information provided below. | ||
I also understand that, while preferences regarding the release |
of identifying information through the Registry are binding | ||
unless the law should change in the future, any selection I | ||
have made regarding my preferred method of contact is not. | ||
... | ||
(Signature/Date) | ||
(Please insert your signature and today's date above, as well | ||
as under your chosen option, A, B, C, D, or E below.) | ||
Option A. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate, OR my birth son or birth daughter | ||
was born prior to January 1, 1946. I would welcome direct | ||
contact with my birth son/birth daughter when he or she has | ||
reached the age of 21. In addition, before my birth son or | ||
birth daughter has reached the age of 21 or in the event of his | ||
or her death, I would welcome contact with the following | ||
relatives of my birth child (circle all that apply): adoptive | ||
mother, adoptive father, surviving spouse, surviving adult | ||
child. I wish to be contacted at the following mailing address, | ||
email address or phone number: | ||
.............................. | ||
............................................................. | ||
............................................................. | ||
............................................................. |
(Signature/Date) | ||
Option B. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate, OR my birth son or birth daughter | ||
was born prior to January 1, 1946. I would welcome contact with | ||
my birth son/birth daughter when he or she has reached the age | ||
of 21. In addition, before my birth son or birth daughter has | ||
reached the age of 21 or in the event of his or her death, I | ||
would welcome contact with the following relatives of my birth | ||
child (circle all that apply): adoptive mother, adoptive | ||
father, surviving spouse, surviving adult child. I would prefer | ||
to be contacted through the following person. (Insert name and | ||
mailing address, email address or phone number of chosen | ||
contact person.) | ||
............................................ | ||
............................................................. | ||
(Signature/Date) | ||
Option C. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate, OR my birth son or birth daughter | ||
was born prior to January 1, 1946. I would welcome contact with | ||
my birth son/birth daughter when he or she has reached the age |
of 21. In addition, before my birth son or birth daughter has | ||
reached the age of 21 or in the event of his or her death, I | ||
would welcome contact with the following relatives of my birth | ||
child (circle all that apply): adoptive mother, adoptive | ||
father, surviving spouse, surviving adult child. I would prefer | ||
to be contacted through the Illinois Confidential Intermediary | ||
Program (please call 800-526-9022 for additional information) | ||
or through the agency that handled the adoption. (Insert agency | ||
name, address and phone number, if applicable.) | ||
............. | ||
............................................................. | ||
(Signature/Date) | ||
Option D. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I agree to the release of my identifying | ||
information as it appears on my birth son's/birth daughter's | ||
original birth certificate when he or she has reached the age | ||
of 21, OR my birth son or birth daughter was born prior to | ||
January 1, 1946. I would prefer not to be contacted by my birth | ||
son/birth daughter or his or her adoptive parents or surviving | ||
relatives. | ||
................................................... | ||
(Signature/Date) | ||
Option E. My birth son or birth daughter was born on or after | ||
January 1, 1946, and I wish to prohibit the release of my |
(circle ALL applicable options) first name, last name, last | ||
known address, birth son/birth daughter's last name (if last | ||
name listed is same as mine), as they appear on my birth | ||
son's/birth daughter's original birth certificate and do not | ||
wish to be contacted by my birth son/birth daughter when he or | ||
she has reached the age of 21. If there were any special | ||
circumstances that played a role in your decision to remain | ||
anonymous which you would like to share with your birth | ||
son/birth daughter, please list them in the space provided | ||
below (optional). | ||
........................................... | ||
............................................................. | ||
I understand that, although I have chosen to prohibit the | ||
release of my identity on the non-certified copy of the | ||
original birth certificate released to my birth son/birth | ||
daughter, he or she may request that a court-appointed | ||
confidential intermediary contact me to request updated | ||
medical information and/or confirm my desire to remain | ||
anonymous once 5 years have elapsed since the signing of this | ||
form; at the time of this subsequent search, I wish to be | ||
contacted through the person named below. (Insert in blank area | ||
below the name and phone number of the contact person, or leave | ||
it blank if you wish to be contacted directly.) I also | ||
understand that this request for anonymity shall expire upon my | ||
death. | ||
...................................................... |
............................................................. | ||
(Signature/Date) | ||
NOTE: A copy of this form will be forwarded to your birth son | ||
or birth daughter should he or she file a request for his or | ||
her original birth certificate with the IARMIE. However, if you | ||
have selected Option E, identifying information, per your | ||
specifications above, will be deleted from the copy of this | ||
form forwarded to your birth son or daughter during your | ||
lifetime. In the event that an adopted or surrendered person is | ||
deceased, his or her surviving adult children may request a | ||
copy of the adopted or surrendered person's original birth | ||
certificate providing they have registered with the IARMIE; the | ||
copy of this form and the non-certified copy of the original | ||
birth certificate forwarded to the surviving child of the | ||
adopted or surrendered person shall be redacted per your | ||
specifications on this form during your lifetime. | ||
Non-Identifying Information Section
| ||
I wish to voluntarily provide the following non-identifying | ||
information to my birth son or birth daughter:
| ||
My age at the time of my child's birth was .........
| ||
My race is best described as: .......................... | ||
My height is: ......... | ||
My body type is best described as (circle one): slim, average, | ||
muscular, a few extra pounds, or more than a few extra pounds.
| ||
My natural hair color is/was: .................. |
My eye color is: .................. | ||
My religion is best described as: ..................
| ||
My ethnic background is best described as: ..................
| ||
My educational level is closest to (circle applicable | ||
response): completed elementary school, graduated from | ||
high school, attended college, earned bachelor's degree, | ||
earned master's degree, earned doctoral degree.
| ||
My occupation is best described as .................. | ||
My hobbies include .................. | ||
My interests include .................. | ||
My talents include .................. | ||
In addition to my surrendered son or daughter, I also | ||
am the biological parent of (insert number) ....... boys and | ||
(insert number) ....... girls, of whom (insert number) ....... | ||
are still living.
| ||
The relationship between me and my child's birth mother/birth | ||
father would best be described as (circle appropriate | ||
response): husband and wife, ex-spouses, boyfriend and | ||
girlfriend, casual acquaintances, other (please specify) | ||
.............. | ||
(g) The form of the Request for a Non-Certified Copy of an | ||
Original Birth Certificate shall be substantially as follows: | ||
REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||
CERTIFICATE | ||
I, (requesting party's full name) ....., hereby request a | ||
non-certified copy of (check appropriate option) ..... my |
original birth certificate ..... the original birth | ||
certificate of my deceased adopted or surrendered parent ..... | ||
the original birth certificate of my deceased adopted or | ||
surrendered spouse (insert deceased parent's/deceased spouse's | ||
name at adoption) ...... I/my deceased parent/my deceased | ||
spouse was born in (insert city and county of adopted or | ||
surrendered person's birth) ..... on ..... (insert adopted or | ||
surrendered person's date of birth). In the event that one or | ||
both of my/my deceased parent's/my deceased spouse's birth | ||
parents has requested that their identity not be released to | ||
me/to my deceased parent/to my deceased spouse, I wish to | ||
(check appropriate option) ..... a. receive a non-certified | ||
copy of the original birth certificate from which identifying | ||
information pertaining to the birth parent who requested | ||
anonymity has been deleted; or ..... b. I do not wish to | ||
receive received an altered copy of the original birth | ||
certificate. | ||
Dated (insert date). | ||
................... | ||
(signature)
| ||
(h) Any Information Exchange Authorization, Denial of | ||
Information
Exchange, or Birth Parent Preference Form filed | ||
with the Registry, or Request for a Non-Certified Copy of an | ||
Original Birth Certificate filed with the Registry by a | ||
surviving adult child or surviving spouse of a deceased adopted |
or surrendered person, shall be acknowledged by the person who | ||
filed it before a notary
public, in form
substantially as | ||
follows:
| ||
State of ..............
| ||
County of .............
| ||
I, a Notary Public, in and for the said County, in the | ||
State aforesaid,
do hereby certify that ............... | ||
personally known to me to be the
same person whose name is | ||
subscribed to the foregoing certificate of
acknowledgement, | ||
appeared before me in person and acknowledged that (he or
she) | ||
signed such certificate as (his or her) free and voluntary act | ||
and
that the statements in such certificate are true.
| ||
Given under my hand and notarial seal on (insert date).
| ||
.........................
| ||
(signature)
| ||
(i) When the execution of an Information Exchange
| ||
Authorization, Denial of Information Exchange, or Birth Parent | ||
Preference Form or Request for a Non-Certified Copy of an | ||
Original Birth Certificate completed by a surviving adult child | ||
or surviving spouse of a deceased adopted or surrendered person | ||
is acknowledged before a
representative of an agency, such | ||
representative shall have his signature
on said Certificate | ||
acknowledged before a notary public, in form substantially
as | ||
follows:
| ||
State of..........
|
County of.........
| ||
I, a Notary Public, in and for the said County, in the | ||
State aforesaid,
do hereby certify that ..... personally known | ||
to me to be the same person
whose name is subscribed to the | ||
foregoing certificate of acknowledgement,
appeared before me | ||
in person and acknowledged that (he or she) signed such
| ||
certificate as (his or her) free and voluntary act and that the | ||
statements
in such certificate are true.
| ||
Given under my hand and notarial seal on (insert date).
| ||
.......................
| ||
(signature)
| ||
(j) When an Illinois Adoption Registry Application,
| ||
Information
Exchange Authorization, Denial of
Information | ||
Exchange, Birth Parent Preference Form, or Request for a | ||
Non-Certified Copy of an Original Birth Certificate completed | ||
by a surviving adult child or surviving spouse of a deceased | ||
adopted or surrendered person is executed in a foreign country, | ||
the
execution of such
document shall be acknowledged or | ||
affirmed before an officer of the United
States consular | ||
services.
| ||
(k) If the person signing an Information Exchange
| ||
Authorization, Denial of Information, Birth Parent Preference | ||
Form, or Request for a Non-Certified Copy of an Original Birth | ||
Certificate completed by a surviving adult child or surviving | ||
spouse of a deceased adopted or surrendered person is in the |
military service of the
United States, the execution of such | ||
document may be acknowledged before a
commissioned officer and | ||
the signature of such officer on such certificate
shall be | ||
verified or acknowledged before a notary public or by such | ||
other
procedure as is then in effect for such division or | ||
branch of the armed forces.
| ||
(l) An adopted or surrendered person, surviving adult | ||
child, adult grandchild, surviving spouse, or birth parent of | ||
an adult adopted person who completes a Request For a | ||
Non-Certified Copy of the Original Birth Certificate shall meet | ||
the same filing requirements and pay the same filing fees as a | ||
non-adopted person seeking to obtain a copy of his or her | ||
original birth certificate.
| ||
(m) Beginning on January 1, 2015, any birth parent of an | ||
adult adopted person named on the original birth certificate | ||
may request a non-certified copy of the original birth | ||
certificate reflecting the birth of the adult adopted person, | ||
provided that: | ||
(1) any non-certified copy of the original birth | ||
certificate released under this subsection (m) shall not | ||
reflect the State file number on the original birth | ||
certificate; and | ||
(2) if the Department of Public Health does not locate | ||
the original birth certificate, it shall issue a | ||
certification of no record found. | ||
(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15; |
revised 12-10-14.)
| ||
Section 570. The Trusts and Dissolutions of Marriage Act is | ||
amended by changing Section 1 as follows:
| ||
(760 ILCS 35/1) (from Ch. 148, par. 301)
| ||
Sec. 1.
(a) Unless the governing instrument or the judgment | ||
of judicial
termination of marriage expressly provides | ||
otherwise, judicial termination
of the marriage of the settlor | ||
of a trust revokes every provision which
is revocable by the | ||
settlor pertaining to the settlor's former spouse in
a trust | ||
instrument or amendment thereto executed by the settlor before | ||
the
entry of the judgment of judicial termination of the | ||
settlor's marriage,
and any such trust shall be administered | ||
and construed as if the settlor's
former spouse had died upon | ||
entry of the judgment of judicial termination
of the settlor's | ||
marriage.
| ||
(b) A trustee who has no actual knowledge of a judgment of | ||
judicial
termination
of the settlor's marriage, shall have no | ||
liability for any action taken
or omitted in good faith on the | ||
assumption that the settlor is married.
The preceding sentence | ||
is intended to affect only the liability of the trustee
and | ||
shall not affect the disposition of beneficial interests in any | ||
trust.
| ||
(c) "Trust" means a trust created by a nontestamentary | ||
instrument executed
after the effective date of this Act, |
except that, unless in the governing
instrument the provisions | ||
of this Act are made applicable by specific reference,
the | ||
provisions of this Act do not apply to any (a) land trust; (b) | ||
voting
trust; (c) security instrument such as a trust deed or | ||
mortgage; (d) liquidation
trust; (e) escrow; (f) instrument | ||
under which a nominee, custodian for property
or paying or | ||
receiving agent is appointed; or (g) a trust created by a | ||
deposit
arrangement in a bank or savings institution, commonly | ||
known as "Totten Trust".
| ||
(d) The phrase "provisions pertaining to the settlor's | ||
former spouse"
includes, but is not limited to, every present | ||
or future gift or interest
or power of appointment given to the | ||
settlor's former spouse or right of
the settlor's former spouse | ||
to serve in a fiduciary capacity.
| ||
(e) A provision is revocable by the settlor if the settlor | ||
has the power
at the time of the entry of the judgment of | ||
judicial termination of the
settlor's marriage to revoke, | ||
modify or amend said provision, either alone
or in conjunction | ||
with any other person or persons.
| ||
(f) "Judicial termination of marriage" includes, but is not | ||
limited to,
divorce, dissolution, annulment or declaration of | ||
invalidity of marriage.
| ||
(Source: P.A. 90-655, eff. 7-30-98; revised 12-10-14.)
| ||
Section 575. The Residential Real Property Disclosure Act | ||
is amended by changing Section 5 as follows:
|
(765 ILCS 77/5)
| ||
Sec. 5. Definitions. As used in this Act, unless the | ||
context otherwise
requires , the
following terms have the | ||
meaning given in this Section.
| ||
"Residential real property" means real property improved | ||
with not less
than one nor more than 4 residential dwelling | ||
units; units in residential
cooperatives; or, condominium | ||
units, including the limited common elements
allocated to the | ||
exclusive use thereof that form an integral part of the
| ||
condominium unit. The term includes a manufactured home as | ||
defined in subdivision (53) of Section 9-102 of the Uniform | ||
Commercial Code that is real property as defined in the | ||
Conveyance and Encumbrance of Manufactured Homes as Real | ||
Property and Severance Act.
| ||
"Seller" means every person or entity who is an owner, | ||
beneficiary of a
trust, contract purchaser or lessee of a | ||
ground lease,
who has an interest (legal or equitable) in | ||
residential real property.
However, "seller" shall not include
| ||
any person who has both (i) never occupied the residential real | ||
property and
(ii) never had the management responsibility for | ||
the residential real property
nor delegated such | ||
responsibility for the residential real property to another
| ||
person or entity.
| ||
"Prospective buyer" means any person or entity negotiating | ||
or offering
to become an owner or lessee of residential real |
property by means of a
transfer for value to which this Act | ||
applies.
| ||
(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
| ||
Section 580. The Conveyance and Encumbrance of | ||
Manufactured Homes as Real Property and Severance Act is | ||
amended by changing Section 5-10 as follows: | ||
(765 ILCS 170/5-10)
| ||
Sec. 5-10. Act not mandatory; record notice. The owner of a | ||
manufactured home that is personal property or a fixture may, | ||
but need not, cause that manufactured home to be deemed to be | ||
real property by satisfying the requirements of Section 5-30 of | ||
this Act and the requirements of Section 3-116.1 or 3-116.2 of | ||
the Illinois Vehicle Code, as applicable. | ||
To convey or voluntarily encumber a manufactured home as | ||
real property, the following conditions must be met: | ||
(1) the manufactured home must be affixed to a | ||
permanent foundation on real property; | ||
(2) the ownership interests in the manufactured home | ||
and the real property to which the manufactured home is | ||
affixed must be identical, or, if the manufactured home is | ||
not located in a mobile home park as defined in Section 2.5 | ||
of the Mobile Home Park Act, and if the owner of the | ||
manufactured home, if not the owner of the real property, | ||
is in possession of the real property pursuant to the terms |
of a lease in recordable form that has a term that | ||
continues for at least 20 years after the date of | ||
execution, then the consent of the lessor of the real | ||
property must be given; | ||
(3) the person (all, if more than one) having an | ||
ownership interest in such manufactured home shall execute | ||
and record with the recording officer of the county in | ||
which the real property is located an affidavit of | ||
affixation as provided in Section 5-15 of this Act and | ||
satisfy the other applicable requirements of this Act; and | ||
(4) upon receipt of a certified copy of the recorded | ||
affidavit of affixation pursuant to Section 5-25 of this | ||
Act, any person designated therein for filing with the | ||
Secretary of State shall file the certified copy of | ||
affidavit of affixation with the Secretary of State; except | ||
that : | ||
(A) in a case described in subsection (a)(4)(A) of | ||
Section 5-15 of this Act, a certified copy of the | ||
affidavit of affixation and the original | ||
Manufacturer's Statement of Origin, each as recorded | ||
in the county in which the real property is located, | ||
must be filed with the Secretary of State pursuant to | ||
Section 3-116.1 of the Illinois Vehicle Code; and | ||
(B) in a case described in subsection (a)(4)(B) of | ||
Section 5-15 of this Act, a certified copy of the | ||
recorded affidavit of affixation as recorded in the |
county in which the real property is located, and the | ||
original certificate of title, including, if | ||
applicable, a certificate of title issued in | ||
accordance with subsection (b) of Section 3-109 of the | ||
Illinois Vehicle Code, must be filed with the Secretary | ||
of State pursuant to Section 3-116.2 of the Illinois | ||
Vehicle Code.
| ||
(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.) | ||
Section 585. The Plat Act is amended by changing Section 1 | ||
as follows:
| ||
(765 ILCS 205/1) (from Ch. 109, par. 1)
| ||
Sec. 1. (a) Except as otherwise provided in subparagraph | ||
(b) of this
Section whenever the owner of land subdivides it | ||
into 2 or more parts, any
of which is less than 5 acres, he must | ||
have it surveyed and a subdivision
plat thereof made by an | ||
Illinois Registered Land Surveyor, which plat must
| ||
particularly describe and set
forth all public streets, alleys, | ||
ways for public service facilities, ways
for utility services | ||
and community antenna television systems, parks,
playgrounds, | ||
school grounds or other public grounds, and all the tracts,
| ||
parcels, lots or blocks, and numbering all such lots, blocks or | ||
parcels
by progressive numbers, giving their precise | ||
dimensions. There shall be
submitted simultaneously with the | ||
subdivision plat, a study or studies which
shall show |
topographically and by profile the elevation of the land prior
| ||
to the commencement of any change in elevations as a part of | ||
any phase of
subdividing, and additionally, if it is | ||
contemplated that such elevations,
or the flow of surface water | ||
from such land, will be changed as a result
of any portion of | ||
such subdivision development, then such study or studies
shall | ||
also show such proposed changes in the elevations and the flow | ||
of surface
water from such land. The topographical and profile | ||
studies required hereunder
may be prepared as a subsidiary | ||
study or studies separate from, but of the
same scale and size | ||
as the subdivision plat, and shall be prepared in such
a manner | ||
as will permit the topographical study or studies to be used as
| ||
overlays to the subdivision plat. The plat must show all | ||
angular and linear
data along the exterior boundaries of the | ||
tract of land divided or subdivided,
the names of all public | ||
streets and the width, course and extent of
all public streets, | ||
alleys and ways for public service facilities. References
must | ||
also be made upon the plat to known and permanent monuments | ||
from which
future survey may be made and the surveyor must, at | ||
the time of making his
survey, set in such manner that they | ||
will not be moved by frost, good and
sufficient monuments | ||
marking the external boundaries of the tract to be
divided or | ||
subdivided and must designate upon the plat the points where
| ||
they may be found. These monuments must be placed at all | ||
corners, at each
end of all curves, at the point where a curve | ||
changes its radius, at all
angle points in any line and at all |
angle points along a meander line, the
points to be not less | ||
than 20 feet back from the normal water elevation
of a lake or | ||
from the bank of a stream, except that when such corners or
| ||
points fall within a street, or proposed future street, the | ||
monuments must
be placed in the right of way line of the | ||
street. All internal boundaries,
corners and points must be | ||
monumented in the field by like monuments as
defined above. | ||
These monuments 2 of which must be of stone or reinforced
| ||
concrete and must be set at the opposite extremities of the | ||
property platted,
placed at all block corners, at each end of | ||
all curves, at the points where
a curve changes its radius, and | ||
at all angle points in any line. All lots
must be monumented in | ||
the field with 2 or more monuments.
| ||
The monuments must be furnished by the person for whom the | ||
survey is made
and must be such that they will not be moved by | ||
frost. If any city, village
or town has adopted an official | ||
plan, or part thereof, in the manner prescribed
by law, the | ||
plat of land situated within the area affected thereby must
| ||
conform to the official plan, or part thereof.
| ||
(b) Except as provided in subsection (c) of this Section, | ||
the
provisions of this Act do not apply and no subdivision plat
| ||
is required in any of the following instances:
| ||
1. the The division or subdivision of land into parcels | ||
or tracts of 5 acres
or more in size which does not involve | ||
any new streets or easements of access;
| ||
2. the The division of lots or blocks of less than 1 |
acre in any recorded
subdivision which does not involve any | ||
new streets or easements of access;
| ||
3. the The sale or exchange of parcels of land between | ||
owners of adjoining
and contiguous land;
| ||
4. the The conveyance of parcels of land or interests | ||
therein for use as a
right of way for railroads or other | ||
public utility facilities and other
pipe lines which does | ||
not involve any new streets or easements of access;
| ||
5. the The conveyance of land owned by a railroad or | ||
other public utility
which does not involve any new streets | ||
or easements of access;
| ||
6. the The conveyance of land for highway or other | ||
public purposes or grants
or conveyances relating to the | ||
dedication of land for public use or instruments
relating | ||
to the vacation of land impressed with a public use;
| ||
7. conveyances Conveyances made to correct | ||
descriptions in prior conveyances ; .
| ||
8. the The sale or exchange of parcels or tracts of | ||
land following the division
into no more than 2 parts of a | ||
particular parcel or tract of land existing
on July 17, | ||
1959 and not involving any new streets or easements of | ||
access ; .
| ||
9. the The sale of a single lot of less than 5 acres | ||
from a larger tract when
a survey is made by an Illinois | ||
Registered Land Surveyor; provided, that
this exemption | ||
shall not apply to the sale of
any subsequent lots from the |
same larger tract of land, as determined by
the dimensions | ||
and configuration of the larger tract on October 1, 1973,
| ||
and provided also that this exemption does not invalidate | ||
any local
requirements applicable to the subdivision of | ||
land ; . | ||
10. the The preparation of a plat for wind energy | ||
devices under Section 10-620 of the Property Tax Code.
| ||
Nothing contained within the provisions of this Act shall | ||
prevent or
preclude individual counties from establishing | ||
standards, ordinances, or
specifications which reduce the | ||
acreage minimum to less than 5 acres, but
not less than 2 | ||
acres, or supplementing the requirements contained herein
when | ||
a survey is made by an Illinois Registered Land Surveyor and a | ||
plat
thereof is recorded, under powers granted to them.
| ||
(c) However, if a plat is made by an Illinois Registered | ||
Surveyor of
any parcel or tract of land otherwise exempt from | ||
the plat provisions of
this Act pursuant to subsection (b) of | ||
this Section, such plat shall be
recorded. It shall not be the | ||
responsibility of a recorder of deeds to
determine whether the | ||
plat has been made or recorded under this subsection (c)
prior | ||
to accepting a deed for recording.
| ||
(Source: P.A. 95-644, eff. 10-12-07; revised 12-10-14.)
| ||
Section 590. The Condominium Property Act is amended by | ||
setting forth and renumbering multiple versions of Section 18.8 | ||
as follows: |
(765 ILCS 605/18.8) | ||
Sec. 18.8. Use of technology. | ||
(a) Any notice required to be sent or received or | ||
signature, vote, consent, or approval required to be obtained | ||
under any condominium instrument or any provision of this Act | ||
may be accomplished using the technology generally available at | ||
that time. This Section shall govern the use of technology in | ||
implementing the provisions of any condominium instrument or | ||
any provision of this Act concerning notices, signatures, | ||
votes, consents, or approvals. | ||
(b) The association, unit owners, and other persons | ||
entitled to occupy a unit may perform any obligation or | ||
exercise any right under any condominium instrument or any | ||
provision of this Act by use of any technological means that | ||
provides sufficient security, reliability, identification, and | ||
verifiability. | ||
(c) A verifiable electronic signature satisfies any | ||
requirement for a signature under any condominium instrument or | ||
any provision of this Act. | ||
(d) Voting on, consent to, and approval of any matter under | ||
any condominium instrument or any provision of this Act may be | ||
accomplished by electronic transmission or other equivalent | ||
technological means, provided that a record is created as | ||
evidence thereof and maintained as long as the record would be | ||
required to be maintained in nonelectronic form. |
(e) Subject to other provisions of law, no action required | ||
or permitted by any condominium instrument or any provision of | ||
this Act need be acknowledged before a notary public if the | ||
identity and signature of the person can otherwise be | ||
authenticated to the satisfaction of the board of directors or | ||
board of managers. | ||
(f) If any person does not provide written authorization to | ||
conduct business using electronic transmission or other | ||
equivalent technological means, the association shall, at its | ||
expense, conduct business with the person without the use of | ||
electronic transmission or other equivalent technological | ||
means. | ||
(g) This Section does not apply to any notices required | ||
under Article IX of the Code of Civil Procedure related to: (i) | ||
an action by the association to collect a common expense; or | ||
(ii) foreclosure proceedings in enforcement of any lien rights | ||
under this Act.
| ||
(Source: P.A. 98-1042, eff. 1-1-15.) | ||
(765 ILCS 605/18.9) | ||
Sec. 18.9 18.8 . Common elements; rights of board. | ||
(a) Any provision in a condominium instrument is void as | ||
against public policy and ineffective if it limits or restricts | ||
the rights of the board of managers by: | ||
(1) requiring the prior consent of the unit owners in | ||
order for the board of managers to take any action, |
including the institution of any action in court or a | ||
demand for a trial by jury; or | ||
(2) notwithstanding Section 32 of this Act, requiring | ||
the board of managers to arbitrate or mediate a dispute | ||
with any one or more of all of the declarants under the | ||
condominium instruments or the developer or any person not | ||
then a unit owner prior to the institution of any action by | ||
the board of managers or a demand for a trial by jury. | ||
(b) A provision in a declaration which would otherwise be | ||
void and ineffective under this Section may be enforced if it | ||
is approved by a vote of not less than 75% of the unit owners at | ||
any time after the election of the first unit owner board of | ||
managers.
| ||
(Source: P.A. 98-1068, eff. 1-1-15; revised 10-20-14.) | ||
Section 595. The Mobile Home Landlord and Tenant Rights Act | ||
is amended by changing Section 3 as follows:
| ||
(765 ILCS 745/3) (from Ch. 80, par. 203)
| ||
Sec. 3. Definitions. Unless otherwise expressly defined, | ||
all terms in
this Act shall be construed to have their | ||
ordinarily accepted meanings or
such meaning as the context | ||
therein requires.
| ||
(a) "Person" means any legal entity, including but not | ||
limited to, an
individual, firm, partnership, association, | ||
trust, joint stock company,
corporation or successor of any of |
the foregoing.
| ||
(b) "Manufactured home" means a factory-assembled, | ||
completely integrated structure designed for permanent | ||
habitation, with a permanent chassis, and so constructed as to | ||
permit its transport, on wheels temporarily or permanently | ||
attached to its frame, and is a movable or portable unit that | ||
is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||
in length, and (iii) 320 or more square feet, constructed to be | ||
towed on its own chassis (comprised of frame and wheels) from | ||
the place of its construction to the location, or subsequent | ||
locations, at which it is connected to utilities for year-round | ||
occupancy for use as a permanent habitation, and designed and | ||
situated so as to permit its occupancy as a dwelling place for | ||
one or more persons, and specifically includes a "manufactured | ||
home" as defined in subdivision (53) of Section 9-102 of the | ||
Uniform Commercial Code. The term shall include units | ||
containing parts that may be folded, collapsed, or telescoped | ||
when being towed and that may be expected to provide additional | ||
cubic capacity, and that are designed to be joined into one | ||
integral unit capable of being separated again into the | ||
components for repeated towing. The term excludes campers and | ||
recreational vehicles. The words "mobile home" and | ||
"manufactured home" are synonymous for the purposes of this | ||
Act.
| ||
(c) "Mobile Home Park" or "Park" means a tract of land or 2 | ||
contiguous tracts of land that contain sites with the necessary |
utilities for 5 or more mobile homes or manufactured homes. A | ||
mobile home park may be operated either free of charge or for | ||
revenue purposes.
| ||
(d) "Park Owner" means the owner of a mobile home park and | ||
any person
authorized to exercise any aspect of the management | ||
of the premises, including
any person who directly or | ||
indirectly receives rents and has no obligation
to deliver the | ||
whole of such receipts to another person.
| ||
(e) "Tenant" means any person who occupies a mobile home | ||
rental unit for
dwelling purposes or a lot on which he parks a | ||
mobile home for an agreed
upon consideration.
| ||
(f) "Rent" means any money or other consideration given for | ||
the right
of use, possession and occupancy of property, be it a | ||
lot, a mobile home, or both.
| ||
(g) "Master antenna television service" means any and all | ||
services
provided by or through the facilities of any closed | ||
circuit coaxial cable
communication system, or any microwave or | ||
similar transmission services
other than a community antenna | ||
television system as defined in Section
11-42-11 of the | ||
Illinois Municipal Code.
| ||
(h) "Authority having jurisdiction" means the Illinois | ||
Department of Public Health or a unit of local government | ||
specifically authorized by statute, rule, or ordinance to | ||
enforce this Act or any other statute, rule, or ordinance | ||
applicable to the mobile home park or manufactured home | ||
community. |
(i) "Managing agent" means any person or entity responsible | ||
for the operation, management, or maintenance of a mobile home | ||
park or manufactured home community. | ||
(Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15; | ||
revised 10-2-14.)
| ||
Section 600. The Mechanics Lien Act is amended by changing | ||
Section 35 as follows:
| ||
(770 ILCS 60/35) (from Ch. 82, par. 35)
| ||
Sec. 35. Satisfaction or release; recording; neglect; | ||
penalty.
| ||
(a) Whenever a claim for lien has been filed with the | ||
recorder of deeds, either by the contractor or sub-contractor,
| ||
and is paid with cost of filing same, or where there
is a | ||
failure to institute suit to enforce the same after demand as | ||
provided
in the preceding Section within the time by this Act | ||
limited the person
filing the same or some one by him duly | ||
authorized in writing so to do,
shall acknowledge satisfaction | ||
or release thereof, in writing, on written
demand of the owner, | ||
lienor, or any person interested in the real estate, or his or | ||
her agent or attorney, and on neglect to do so for 10 days | ||
after such written
demand he or she shall be
liable to the | ||
owner for the sum of $2,500, which may be recovered in a civil | ||
action together with the costs and the reasonable attorney's | ||
fees of the owner, lienor, or other person interested in the |
real estate, or his or her agent or attorney incurred in | ||
bringing such action.
| ||
(b) Such a satisfaction or release of lien may be filed | ||
with the recorder
of deeds in whose office the claim for lien | ||
had been filed
and when so filed shall forever thereafter | ||
discharge and release the claim
for lien and shall bar all | ||
actions brought or to be brought thereupon.
| ||
(c) The release of lien shall have the following
imprinted | ||
thereon in bold letters at least 1/4 inch in height: "FOR THE
| ||
PROTECTION OF THE OWNER, THIS RELEASE
SHOULD BE FILED WITH THE | ||
RECORDER
IN WHOSE OFFICE THE CLAIM FOR LIEN WAS FILED." The | ||
Recorder
in whose office the claim for lien had been filed,
| ||
upon receipt of a release and the payment of the recording
fee, | ||
shall record the release.
| ||
(Source: P.A. 94-627, eff. 1-1-06; revised 12-11-14.)
| ||
Section 605. The Illinois Human Rights Act is amended by | ||
changing Section 2-101 as follows:
| ||
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| ||
Sec. 2-101. Definitions. The following definitions are | ||
applicable
strictly in the context of this Article.
| ||
(A) Employee.
| ||
(1) "Employee" includes:
| ||
(a) Any individual performing services for | ||
remuneration within this
State for an employer;
|
(b) An apprentice;
| ||
(c) An applicant for any apprenticeship.
| ||
For purposes of subsection (D) of Section 2-102 of this | ||
Act, "employee" also includes an unpaid intern. An unpaid | ||
intern is a person who performs work for an employer under | ||
the following circumstances: | ||
(i) the employer is not committed to hiring the | ||
person performing the work at the conclusion of the | ||
intern's tenure; | ||
(ii) the employer and the person performing the | ||
work agree that the person is not entitled to wages for | ||
the work performed; and | ||
(iii) the work performed: | ||
(I) supplements training given in an | ||
educational environment that may enhance the | ||
employability of the intern; | ||
(II) provides experience for the benefit of | ||
the person performing the work; | ||
(III) does not displace regular employees; | ||
(IV) is performed under the close supervision | ||
of existing staff; and | ||
(V) provides no immediate advantage to the | ||
employer providing the training and may
| ||
occasionally impede the operations of the | ||
employer. | ||
(2) "Employee" does not include:
|
(a) Domestic servants in private homes;
| ||
(b) Individuals employed by persons who are not | ||
"employers" as
defined by this Act;
| ||
(c) Elected public officials or the members of | ||
their immediate
personal staffs;
| ||
(d) Principal administrative officers of the State | ||
or of any
political subdivision, municipal corporation | ||
or other governmental unit
or agency;
| ||
(e) A person in a vocational rehabilitation | ||
facility certified under
federal law who has been | ||
designated an evaluee, trainee, or work
activity | ||
client.
| ||
(B) Employer.
| ||
(1) "Employer" includes:
| ||
(a) Any person employing 15 or more employees | ||
within Illinois during
20 or more calendar weeks within | ||
the calendar year of or preceding the alleged
| ||
violation;
| ||
(b) Any person employing one or more employees when | ||
a complainant
alleges civil rights violation due to | ||
unlawful discrimination based
upon his or her physical | ||
or mental disability unrelated to ability, pregnancy, | ||
or
sexual harassment;
| ||
(c) The State and any political subdivision, | ||
municipal corporation
or other governmental unit or | ||
agency, without regard to the number of
employees;
|
(d) Any party to a public contract without regard | ||
to the number of
employees;
| ||
(e) A joint apprenticeship or training committee | ||
without regard to the
number of employees.
| ||
(2) "Employer" does not include any religious | ||
corporation,
association, educational institution, | ||
society, or non-profit nursing
institution conducted by | ||
and for those who rely upon treatment by prayer
through | ||
spiritual means in accordance with the tenets of a | ||
recognized
church or religious denomination with respect | ||
to the employment of
individuals of a particular religion | ||
to perform work connected with the
carrying on by such | ||
corporation, association, educational institution,
society | ||
or non-profit nursing institution of its activities.
| ||
(C) Employment Agency. "Employment Agency" includes both | ||
public and
private employment agencies and any person, labor | ||
organization, or labor
union having a hiring hall or hiring | ||
office regularly undertaking, with
or without compensation, to | ||
procure opportunities to work, or to
procure, recruit, refer or | ||
place employees.
| ||
(D) Labor Organization. "Labor Organization" includes any
| ||
organization, labor union, craft union, or any voluntary | ||
unincorporated
association designed to further the cause of the | ||
rights of union labor
which is constituted for the purpose, in | ||
whole or in part, of collective
bargaining or of dealing with | ||
employers concerning grievances, terms or
conditions of |
employment, or apprenticeships or applications for
| ||
apprenticeships, or of other mutual aid or protection in | ||
connection with
employment, including apprenticeships or | ||
applications for apprenticeships.
| ||
(E) Sexual Harassment. "Sexual harassment" means any | ||
unwelcome sexual
advances or requests for sexual favors or any | ||
conduct of a sexual nature
when (1) submission to such conduct | ||
is made either explicitly or implicitly
a term or condition of | ||
an individual's employment, (2) submission to or
rejection of | ||
such conduct by an individual is used as the basis for
| ||
employment decisions affecting such individual, or (3) such | ||
conduct has the
purpose or effect of substantially interfering | ||
with an individual's work
performance or creating an | ||
intimidating, hostile or offensive working
environment.
| ||
(F) Religion. "Religion" with respect to employers | ||
includes all
aspects of religious observance and practice, as | ||
well as belief, unless an
employer demonstrates that he is | ||
unable to reasonably accommodate an
employee's or prospective | ||
employee's religious observance or practice
without undue | ||
hardship on the conduct of the employer's business.
| ||
(G) Public Employer. "Public employer" means the State, an | ||
agency or
department thereof, unit of local government, school | ||
district,
instrumentality or political subdivision.
| ||
(H) Public Employee. "Public employee" means an employee of | ||
the State,
agency or department thereof, unit of local | ||
government, school district,
instrumentality or political |
subdivision. "Public employee" does not include
public | ||
officers or employees of the General Assembly or agencies | ||
thereof.
| ||
(I) Public Officer. "Public officer" means a person who is | ||
elected to
office pursuant to the Constitution or a statute or | ||
ordinance, or who is
appointed to an office which is | ||
established, and the qualifications and
duties of which are | ||
prescribed, by the Constitution or a statute or
ordinance, to | ||
discharge a public duty for the State, agency or department
| ||
thereof, unit of local government, school district, | ||
instrumentality or
political subdivision.
| ||
(J) Eligible Bidder. "Eligible bidder" means a person who, | ||
prior to a
bid opening, has filed with the Department a | ||
properly completed, sworn and
currently valid employer report | ||
form, pursuant to the Department's regulations.
The provisions | ||
of this Article relating to eligible bidders apply only
to bids | ||
on contracts with the State and its departments, agencies, | ||
boards,
and commissions, and the provisions do not apply to | ||
bids on contracts with
units of local government or school | ||
districts.
| ||
(K) Citizenship Status. "Citizenship status" means the | ||
status of being:
| ||
(1) a born U.S. citizen;
| ||
(2) a naturalized U.S. citizen;
| ||
(3) a U.S. national; or
| ||
(4) a person born outside the United States and not a |
U.S. citizen who
is not an unauthorized alien and who is | ||
protected from discrimination under
the provisions of | ||
Section 1324b of Title 8 of the United States Code, as
now | ||
or hereafter amended.
| ||
(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15; | ||
98-1050, eff. 1-1-15; revised 10-3-14.)
| ||
Section 610. The General Not For Profit Corporation Act of | ||
1986 is amended by changing Section 112.10 as follows:
| ||
(805 ILCS 105/112.10) (from Ch. 32, par. 112.10)
| ||
Sec. 112.10. Voluntary dissolution by written consent of
| ||
members entitled to vote. Except for the dissolution of a | ||
not-for-profit corporation organized for the purpose of | ||
ownership or administration of residential property on a | ||
cooperative basis , when . When a corporation has members
| ||
entitled to vote on dissolution, the dissolution of a
| ||
corporation may be authorized pursuant to Section 107.10 of
| ||
this Act. Dissolution pursuant to this the Section does not
| ||
require any vote of the directors of the corporation.
| ||
(Source: P.A. 98-302, eff. 1-1-14; revised 12-11-14.)
| ||
Section 615. The Limited Liability Company Act is amended | ||
by changing Section 35-40 as follows:
| ||
(805 ILCS 180/35-40)
|
Sec. 35-40. Reinstatement following administrative
| ||
dissolution. | ||
(a) A limited liability company administratively
dissolved | ||
under Section 35-25 may be reinstated by the
Secretary of State | ||
following the date of
issuance of the notice of dissolution | ||
upon:
| ||
(1) The filing of an application for
reinstatement.
| ||
(2) The filing with the Secretary of State by the
| ||
limited liability company of all reports then due and
| ||
theretofore becoming due.
| ||
(3) The payment to the Secretary of State by the
| ||
limited liability company of all fees and penalties then
| ||
due and theretofore becoming due.
| ||
(b) The application for reinstatement shall be executed
and | ||
filed in duplicate in accordance with Section 5-45 of
this Act | ||
and shall set forth all of the following:
| ||
(1) The name of the limited liability company at
the | ||
time of the issuance of the notice of dissolution.
| ||
(2) If the name is not available for use as
determined | ||
by the Secretary of State at the time of
filing the | ||
application for reinstatement, the name of
the limited | ||
liability company as changed, provided
that any change of | ||
name is properly effected under
Section 1-10 and Section | ||
5-25 5.25 of this Act.
| ||
(3) The date of issuance of the notice of
dissolution.
| ||
(4) The address, including street and number
or
rural |
route number of the registered office of the
limited | ||
liability company upon reinstatement thereof
and the name | ||
of its registered agent at that address
upon the | ||
reinstatement of the limited liability
company,
provided | ||
that any change from either the
registered office or the | ||
registered agent at the
time of
dissolution is properly | ||
reported under Section
1-35 of this Act.
| ||
(c) When a dissolved limited liability company has
complied | ||
with the provisions of the Section, the Secretary of
State | ||
shall file the application for
reinstatement.
| ||
(d) Upon the filing of the application for
reinstatement, | ||
the limited liability company existence shall
be deemed to have | ||
continued without interruption from the
date of the issuance of | ||
the notice of dissolution, and the
limited liability company | ||
shall stand revived with the
powers, duties, and obligations as | ||
if it had not been
dissolved; and all acts and proceedings of | ||
its members,
managers, officers, employees, and agents, acting | ||
or purporting to act in that capacity, and which
would have | ||
been legal and valid but for the dissolution,
shall stand | ||
ratified and confirmed.
| ||
(e) Without limiting the generality of subsection (d), upon | ||
the filing of the application for reinstatement, no member, | ||
manager, or officer shall be personally liable for the debts | ||
and liabilities of the limited liability company incurred | ||
during the period of administrative dissolution by reason of | ||
the fact that the limited liability company was |
administratively dissolved at the time the debts or liabilities | ||
were incurred. | ||
(Source: P.A. 98-776, eff. 1-1-15; revised 12-11-14.)
| ||
Section 620. The Illinois Securities Law of 1953 is amended | ||
by changing Section 11a as follows:
| ||
(815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
| ||
Sec. 11a. Fees.
| ||
(1) The Secretary of State shall by rule or
regulation | ||
impose and shall collect reasonable fees necessary for
the | ||
administration of this Act including, but not limited to, fees | ||
for
the following purposes:
| ||
(a) filing an application pursuant to paragraph (2) of | ||
subsection F of
Section 4 of this Act;
| ||
(b) examining an application and report pursuant to | ||
paragraph (2) of
subsection F of Section 4 of this Act;
| ||
(c) filing a report pursuant to subsection G of Section | ||
4 of this Act,
determined
in accordance with paragraph (4) | ||
of subsection G of Section 4 of this Act;
| ||
(d) examining an offering sheet pursuant to subsection | ||
P of Section 4 of
this Act;
| ||
(e) filing a report pursuant to subsection P of Section | ||
4, determined
in accordance with subsection P of Section 4 | ||
of this Act;
| ||
(f) examining an application to register securities |
under
subsection B of Section 5 of this Act;
| ||
(g) examining an amended or supplemental prospectus | ||
filed
pursuant to the undertaking required by | ||
sub-paragraph (i) of paragraph (2)
of subsection B of | ||
Section 5 of this Act;
| ||
(h) registering or renewing registration of securities | ||
under Section 5,
determined in accordance with subsection C | ||
of Section 5 of this Act;
| ||
(i) registering securities in excess of the amount | ||
initially registered,
determined in accordance with | ||
paragraph (2) of subsection C of Section 5 of
this Act;
| ||
(j) failure to file timely an application for renewal | ||
under subsection E
of Section 5 of this Act;
| ||
(k) failure to file timely any document or information | ||
required
under Section 5 of this Act;
| ||
(l) examining an application to register face amount
| ||
certificate contracts under subsection B of Section 6 of | ||
this Act;
| ||
(m) examining an amended or supplemental prospectus | ||
filed
pursuant to the undertaking required by | ||
sub-paragraph (f) of paragraph (2)
of subsection B of | ||
Section 6 of this Act;
| ||
(n) registering or renewing registration
of face | ||
amount certificate contracts under Section 6 of this Act;
| ||
(o) amending a registration of face amount certificate
| ||
contracts pursuant to subsection E of Section 6 of this Act |
to add any
additional
series, type or class of contract;
| ||
(p) failure to file timely an application for renewal | ||
under subsection
F of Section 6 of this Act;
| ||
(q) adding to or withdrawing from deposits with respect | ||
to
face amount certificate contracts pursuant to | ||
subsection H of Section 6, a
transaction charge payable at | ||
the times and in the manner specified in
subsection H of | ||
Section 6 (which transaction charge shall be in addition to
| ||
the annual fee called for by subsection H of Section 6 of | ||
this Act);
| ||
(r) failure to file timely any document or information | ||
required
under Section 6 of this Act;
| ||
(s) examining an application to register investment | ||
fund
shares under subsection B of Section 7 of this Act;
| ||
(t) examining an amended or supplemental prospectus | ||
filed
pursuant to the undertaking required by | ||
sub-paragraph (f) of paragraph (2)
of subsection B of | ||
Section 7 of this Act;
| ||
(u) registering or renewing registration of investment | ||
fund shares
under Section 7 of this Act;
| ||
(v) amending a registration of investment fund shares
| ||
pursuant to subsection D of Section 7 of this Act to | ||
register an additional
class or
classes of investment fund | ||
shares;
| ||
(w) failure to file timely an application for renewal | ||
under paragraph
(l) of subsection G of Section 7 of this |
Act;
| ||
(x) examining an application for renewal of | ||
registration of
investment fund shares under paragraph (2) | ||
of subsection G of Section 7 of
this Act;
| ||
(y) failure to file timely any document or information | ||
required under
Section 7 of this Act;
| ||
(z) filing an application for registration or | ||
re-registration of a
dealer or limited Canadian dealer | ||
under Section 8 of this Act for each
office in this State;
| ||
(aa) in connection with an application for the | ||
registration or
re-registration of a salesperson under | ||
Section 8 of or this Act, for the
following purposes:
| ||
(i) filing an application;
| ||
(ii) a Securities Audit and Enforcement Fund fee; | ||
and
| ||
(iii) a notification filing of federal covered | ||
investment
advisers;
| ||
(bb) in connection with an application for the | ||
registration or
re-registration of an investment adviser | ||
under Section 8 of this Act;
| ||
(cc) failure to file timely any document or information | ||
required
under Section 8 of this Act;
| ||
(dd) filing a consent to service of process under | ||
Section 10 of this
Act;
| ||
(ee) issuing a certificate pursuant to subsection B of | ||
Section 15 of
this Act;
|
(ff) issuing a certified copy pursuant to subsection C | ||
of Section 15
of
this Act;
| ||
(gg) issuing a non-binding statement pursuant to | ||
Section 15a of this
Act;
| ||
(hh) filings by Notification under Section 2a;
| ||
(ii) notification filing of federal Regulation D, | ||
Section 506 offering
under the
Federal 1933 Act;
| ||
(jj) notification filing of securities and closed-end | ||
investment company
securities;
| ||
(kk) notification filing of face amount certificate | ||
contracts;
| ||
(ll) notification filing of open-end investment | ||
company securities;
| ||
(mm) filing a report pursuant to subsection D of | ||
Section 4 of this Act;
| ||
(nn) in connection with the filing of an application | ||
for registration or
re-registration of an investment | ||
adviser representative under subsection D of
Section 8 of | ||
this Act.
| ||
(2) The Secretary of State may, by rule or regulation, | ||
raise or lower
any fee imposed by, and which he or she is | ||
authorized by law to collect
under, this Act.
| ||
(Source: P.A. 90-70, eff. 7-8-97; 91-357, eff. 7-29-99; revised | ||
12-11-14.)
| ||
Section 625. The Ticket Sale and Resale Act is amended by |
changing Sections 1 and 2 as follows:
| ||
(815 ILCS 414/1) (was 720 ILCS 375/1)
| ||
Sec. 1. Sale of tickets other than at box office | ||
prohibited; exceptions.
| ||
(a) It is unlawful for any person, firm or corporation, | ||
owner, lessee,
manager, trustee, or any of their employees or | ||
agents, owning, conducting,
managing or operating any theater, | ||
circus, baseball park, or place of public
entertainment or | ||
amusement where tickets of admission are sold for any such
| ||
places of amusement or public entertainment to sell or permit | ||
the sale,
barter or exchange of such admission tickets at any | ||
other place than in the
box office or on the premises of such | ||
theater, circus, baseball park, or place
of public | ||
entertainment or amusement, but nothing herein prevents such
| ||
theater, circus, baseball park, or place of public | ||
entertainment or amusement
from placing any of its admission | ||
tickets for sale at any other place at
the same price such | ||
admission tickets are sold by such theater, circus,
baseball | ||
park , or other place of public entertainment or amusement at | ||
its
box office or on the premises of such places, at the same | ||
advertised price
or printed rate thereof. | ||
(b) Any term or condition of the original sale of a ticket | ||
to any theater, circus, baseball park, or place of public | ||
entertainment or amusement where tickets of admission are sold | ||
that purports to limit the terms or conditions of resale of the |
ticket (including but not limited to the resale price of the | ||
ticket) is unenforceable, null, and void if the resale | ||
transaction is carried out by any of the means set forth in | ||
subsections (b), (c), (d), and (e) of Section 1.5 of this Act. | ||
This subsection shall not apply to a term or condition of the | ||
original sale of a ticket to any theater, circus, baseball | ||
park, or place of public entertainment or amusement where | ||
tickets of admission are sold that purports to limit the terms | ||
or conditions of resale of a ticket specifically designated as | ||
seating in a special section for a person with a physical | ||
disability.
| ||
(Source: P.A. 94-20, eff. 6-14-05; revised 12-11-14.)
| ||
(815 ILCS 414/2) (was 720 ILCS 375/2)
| ||
Sec. 2.
(a) Whoever violates any of the provisions of | ||
Section 1.5 of
this Act shall be guilty of a Class A | ||
misdemeanor and may be fined up
to $5,000.00 for each offense | ||
and whoever violates any other provision of
this Act may be | ||
enjoined and be required to make restitution to all injured
| ||
consumers upon application for injunctive relief by the State's | ||
Attorney or
Attorney General and shall also be guilty of a | ||
Class A misdemeanor, and any
owner, lessee, manager or trustee | ||
convicted under this Act shall, in
addition to the penalty | ||
herein provided, forfeit the license of such
theatre, circus, | ||
baseball park, or place of public entertainment or amusement
so | ||
granted and the same shall be revoked by the authorities |
granting the same.
| ||
(b) Tickets sold or offered for sale by a person, firm or | ||
corporation
in violation of Section 1.5 of this Act may be | ||
confiscated by a
court on
motion of the Attorney General, a | ||
State's Attorney, the sponsor of the
event for which the | ||
tickets are being sold, or the owner or operator of the
| ||
facility at which the event is to be held, and may be donated | ||
by order of
the court to an appropriate organization as defined | ||
under Section 2 of the
Charitable Games Act.
| ||
(c) The Attorney General, a State's Attorney, the sponsor | ||
of an event
for which tickets are being sold, or the owner or | ||
operator of the facility
at which an event is to be held may | ||
seek an injunction restraining any
person, firm or corporation | ||
from selling or offering for sale tickets in
violation of the | ||
provisions of this Act. In addition, on motion of the
Attorney | ||
General, a State's Attorney, the sponsor of an event for which
| ||
tickets are being sold, or the owner or operator of the | ||
facility at which
an event is to be held, a court may | ||
permanently enjoin a person, firm or
corporation found guilty | ||
of violating Section 1.5 of this Act
from
engaging in the offer | ||
or sale of tickets.
| ||
(Source: P.A. 91-357, eff. 7-29-99; revised 12-11-14.)
| ||
Section 630. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by setting forth and renumbering | ||
multiple versions of Section 2RRR as follows: |
(815 ILCS 505/2RRR) | ||
Sec. 2RRR. Household goods recycling bins. | ||
(a) Notwithstanding any other provision of law, a person or | ||
entity owning, operating, or maintaining a household goods | ||
recycling bin shall have a permanent, written, printed label | ||
affixed to the bin that is
prominently displayed and includes | ||
the following: (1) the name, address, and contact
information | ||
of the person or entity owning, operating, or maintaining that | ||
bin; and (2) whether the person or entity owning, operating, or | ||
maintaining the bin is a not for
profit entity or a for profit | ||
entity. A person or entity who violates this Section commits an | ||
unlawful practice within the meaning of this Act. | ||
(b) As used in this Section: | ||
"Household goods recycling bin" or "bin" means a | ||
container or
receptacle held out to the public as a place | ||
for people to discard clothes, shoes,
books, and other | ||
recyclable items until they are taken away for resale, | ||
re-use, recycling, or
redistribution by the person or | ||
entity that owns, operates, or maintains the bin. | ||
"Not for profit entity" means any entity that is | ||
officially recognized by the United States Internal | ||
Revenue Service as a tax-exempt entity described in Section | ||
501(c)(3) of the Internal Revenue Code of 1986 (or any | ||
successor provision of federal tax law).
| ||
(Source: P.A. 98-1116, eff. 1-1-15.) |
(815 ILCS 505/2SSS) | ||
Sec. 2SSS 2RRR . Unfair or deceptive patent infringement | ||
demand letters. | ||
(a) As used in this Section: | ||
"Affiliated person" means a person affiliated with the | ||
intended recipient of a written or electronic communication. | ||
"Intended recipient" means a person who purchases, rents, | ||
leases, or otherwise obtains a product or service in the | ||
commercial market that is not for resale in the commercial | ||
market and that is, or later becomes, the subject of a patent | ||
infringement allegation. | ||
(b) It is an unlawful practice under this Act for a person, | ||
in connection with the assertion of a United States patent, to | ||
send or cause any person to send any written, including | ||
electronic, communication that states that the intended | ||
recipient or any affiliated person is infringing or has | ||
infringed a patent and bears liability or owes compensation to | ||
another person, if: | ||
(1) the communication falsely threatens that | ||
administrative or judicial relief will be sought if | ||
compensation is not paid or the infringement issue is not | ||
otherwise resolved; | ||
(2) the communication falsely states that litigation | ||
has been filed against the intended recipient or any | ||
affiliated person; |
(3) the assertions contained in the communication lack | ||
a reasonable basis in fact or law because: | ||
(A) the person asserting the patent is not a | ||
person, or does not represent a person, with the | ||
current right to license the patent to or enforce the | ||
patent against the intended recipient or any | ||
affiliated person; | ||
(B) the communication seeks compensation for a | ||
patent that has been held to be invalid or | ||
unenforceable in a final, unappealable or unappealed, | ||
judicial or administrative decision; or | ||
(C) the communication seeks compensation on | ||
account of activities undertaken after the patent has | ||
expired; or | ||
(4) the content of the communication fails to include | ||
information necessary to inform an intended recipient or | ||
any affiliated person about the patent assertion by failing | ||
to include the following: | ||
(A) the identity of the person asserting a right to | ||
license the patent to or enforce the patent against the | ||
intended recipient or any affiliated person; | ||
(B) the patent issued by the United States Patent | ||
and Trademark Office alleged to have been infringed; | ||
and | ||
(C) the factual allegations concerning the | ||
specific areas in which the intended recipient's or |
affiliated person's products, services, or technology | ||
infringed the patent or are covered by the claims in | ||
the patent. | ||
(c) Nothing in this Section shall be construed to deem it | ||
an unlawful practice for any
person who owns or has the right | ||
to license or enforce a patent to: | ||
(1) advise others of that ownership or right of license | ||
or enforcement; | ||
(2) communicate to others that the patent is available | ||
for license or sale; | ||
(3) notify another of the infringement of the patent; | ||
or | ||
(4) seek compensation on account of past or present | ||
infringement or for a license
to the patent.
| ||
(Source: P.A. 98-1119, eff. 1-1-15; revised 10-20-14.) | ||
Section 635. The Day and Temporary Labor Services Act is | ||
amended by changing Section 10 as follows:
| ||
(820 ILCS 175/10)
| ||
Sec. 10. Employment Notice.
| ||
(a) Whenever a day and temporary labor service agency | ||
agrees
to send one or more persons to work as day or temporary | ||
laborers,
the day and temporary labor service
agency shall | ||
provide to each day or temporary laborer, at the time of | ||
dispatch, a
statement containing the following items on a form |
approved by the Department: | ||
(1) the name of the day or temporary laborer; | ||
(2) the name and nature of the work to be
performed; | ||
(3) the
wages
offered; | ||
(4) the name and address of the destination of each day | ||
or temporary laborer; | ||
(5) terms of transportation;
and | ||
(6) whether a meal or equipment, or both, are provided, | ||
either by the
day and temporary labor service
agency or the | ||
third party client, and the cost of the meal and equipment, | ||
if any.
| ||
If a day or temporary laborer is assigned to the same | ||
assignment for more than one day, the day and temporary labor | ||
service agency is required to provide the employment notice | ||
only on the first day of the assignment and on any day that any | ||
of the terms listed on the employment notice are changed.
| ||
If the day or temporary laborer is not placed with a third | ||
party client or otherwise contracted to work for that day, the | ||
day and temporary labor service agency shall, upon request, | ||
provide the day and temporary laborer with a confirmation that | ||
the day or temporary laborer sought work, signed by an employee | ||
of the day and temporary labor service agency, which shall | ||
include the name of the agency, the name and address of the day | ||
or temporary laborer, and the date and the time that the day or | ||
temporary laborer receives the confirmation.
| ||
(b) No day and temporary labor service agency may send any
|
day or temporary laborer to any place
where a strike, a | ||
lockout, or other labor trouble exists.
| ||
(c) The
Department shall recommend to day and temporary | ||
labor service
agencies that those agencies
employ personnel who | ||
can effectively
communicate information required in | ||
subsections (a) and (b) to day or
temporary laborers in
| ||
Spanish, Polish, or any other language that is generally | ||
understood in the locale of
the day and temporary labor service | ||
agency.
| ||
(Source: P.A. 93-375, eff. 1-1-04; 94-511, eff. 1-1-06; revised | ||
12-11-14.)
| ||
Section 640. The Victims' Economic Security and Safety Act | ||
is amended by changing Section 30 as follows:
| ||
(820 ILCS 180/30)
| ||
Sec. 30. Victims' employment sustainability; prohibited
| ||
discriminatory acts. | ||
(a) An employer shall not fail to hire, refuse to hire,
| ||
discharge, constructively discharge, or harass any individual, | ||
otherwise discriminate against any
individual with respect to | ||
the compensation, terms, conditions, or
privileges of | ||
employment of the individual, or retaliate against an
| ||
individual in any form or manner, and a public agency shall not | ||
deny,
reduce, or terminate the benefits of, otherwise sanction, | ||
or harass any
individual, otherwise discriminate against any |
individual with respect
to the amount, terms, or conditions of | ||
public assistance of the
individual, or retaliate against an | ||
individual in any form or manner,
because:
| ||
(1) the individual involved:
| ||
(A) is or is perceived to be a victim of domestic | ||
or sexual
violence;
| ||
(B) attended, participated in, prepared for, or | ||
requested
leave to attend, participate in, or prepare | ||
for a criminal
or civil court proceeding relating to an | ||
incident of
domestic or sexual violence of which the | ||
individual or a
family or household member of the | ||
individual was a victim, or requested or took leave for | ||
any other reason provided under Section 20;
or
| ||
(C) requested an adjustment to a job structure, | ||
workplace
facility, or work requirement, including a | ||
transfer,
reassignment, or modified schedule, leave, a | ||
changed
telephone number or seating assignment, | ||
installation of a
lock, or implementation of a safety | ||
procedure in response
to actual or threatened domestic | ||
or sexual violence,
regardless of whether the request | ||
was granted; or | ||
(D) is an employee whose employer is subject to | ||
Section 21 of the Workplace Violence Prevention Act; or
| ||
(2) the workplace is disrupted or threatened by the | ||
action of a
person whom the individual states has committed | ||
or threatened to
commit domestic or sexual violence against |
the individual or the
individual's family or household | ||
member.
| ||
(b) In this Section:
| ||
(1) "Discriminate", used with respect to the terms, | ||
conditions,
or privileges of employment or with respect to | ||
the terms or
conditions of public assistance, includes not | ||
making a reasonable
accommodation to the known limitations | ||
resulting from
circumstances relating to being a victim of | ||
domestic or sexual
violence or a family or household member | ||
being a victim of
domestic or sexual violence of an | ||
otherwise qualified individual:
| ||
(A) who is:
| ||
(i) an applicant or employee of the employer | ||
(including a
public agency); or
| ||
(ii) an applicant for or recipient of public | ||
assistance
from a public agency; and
| ||
(B) who is:
| ||
(i) a victim of domestic or sexual violence; or
| ||
(ii) with a family or household member who is a | ||
victim of
domestic or sexual violence whose | ||
interests are not adverse to
the individual in | ||
subparagraph (A) as it relates to the domestic
or | ||
sexual violence;
| ||
unless the employer or public agency can demonstrate that | ||
the
accommodation would impose an undue hardship on the | ||
operation of
the employer or public agency.
|
A reasonable accommodation must be made in a timely | ||
fashion. Any exigent circumstances or danger facing the | ||
employee or his or her family or household member shall be | ||
considered in determining whether the accommodation is | ||
reasonable. | ||
(2) "Qualified individual" means:
| ||
(A) in the case of an applicant or employee | ||
described in
paragraph (1)(A)(i), an individual who, | ||
but for being a
victim of domestic or sexual violence | ||
or with a family or
household member who is a victim of | ||
domestic or sexual
violence, can perform the essential | ||
functions of the
employment position that such | ||
individual holds or desires;
or
| ||
(B) in the case of an applicant or recipient | ||
described in
paragraph (1)(A)(ii), an individual who, | ||
but for being a
victim of domestic or sexual violence | ||
or with a family or
household member who is a victim of | ||
domestic or sexual
violence, can satisfy the essential | ||
requirements of the
program providing the public | ||
assistance that the individual
receives or desires.
| ||
(3) "Reasonable accommodation" may include an | ||
adjustment to a job
structure, workplace facility, or work | ||
requirement, including a
transfer, reassignment, or | ||
modified schedule, leave, a changed
telephone number or | ||
seating assignment, installation of a lock,
or | ||
implementation of a safety procedure, or assistance in |
documenting domestic or sexual violence that occurs at the | ||
workplace or in work-related settings, in response to | ||
actual or
threatened domestic or sexual violence.
| ||
(4) Undue hardship.
| ||
(A) In general. "Undue hardship" means an action | ||
requiring
significant difficulty or expense, when | ||
considered in light
of the factors set forth in | ||
subparagraph (B).
| ||
(B) Factors to be considered. In determining | ||
whether a
reasonable accommodation would impose an | ||
undue hardship on
the operation of an employer or | ||
public agency, factors to
be considered include:
| ||
(i) the nature and cost of the reasonable
| ||
accommodation needed under this Section;
| ||
(ii) the overall financial resources of the | ||
facility
involved in the provision of the | ||
reasonable
accommodation, the number of persons | ||
employed at such
facility, the effect on expenses | ||
and resources, or
the impact otherwise of such | ||
accommodation on the
operation of the facility;
| ||
(iii) the overall financial resources of the | ||
employer
or public agency, the overall size of the | ||
business of
an employer or public agency with | ||
respect to the
number of employees of the employer | ||
or public agency,
and the number, type, and | ||
location of the facilities
of an employer or public |
agency; and
| ||
(iv) the type of operation of the employer or | ||
public
agency, including the composition, | ||
structure, and
functions of the workforce of the | ||
employer or public
agency, the geographic | ||
separateness of the facility
from the employer or | ||
public agency, and the
administrative or fiscal | ||
relationship of the facility
to the employer or | ||
public agency.
| ||
(c) An employer subject to Section 21 of the Workplace | ||
Violence Prevention Act shall not violate any provisions of the | ||
Workplace Violence Prevention Act. | ||
(Source: P.A. 98-766, eff. 7-16-14; revised 12-11-14.)
| ||
Section 645. The Workplace Violence Prevention Act is | ||
amended by changing Section 5 as follows: | ||
(820 ILCS 275/5)
| ||
Sec. 5. Purpose. This Act is intended to assist employers | ||
in protecting their workforces its workforce , customers, | ||
guests , and property by limiting access to workplace venues by | ||
potentially violent individuals.
| ||
(Source: P.A. 98-430, eff. 1-1-14; revised 12-11-14.) | ||
Section 650. The Workers' Compensation Act is amended by | ||
changing Section 6 as follows:
|
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
| ||
Sec. 6. (a) Every employer within the provisions of this | ||
Act, shall,
under the rules and regulations prescribed by the | ||
Commission, post
printed notices in their respective places of | ||
employment in such number
and at such places as may be | ||
determined by the Commission, containing
such information | ||
relative to this Act as in the judgment of the
Commission may | ||
be necessary to aid employees to safeguard their rights
under | ||
this Act in event of injury.
| ||
In addition thereto, the employer shall post in a | ||
conspicuous place
on the place of the employment a printed or | ||
typewritten notice stating
whether he is insured or whether he | ||
has qualified and is operating as a
self-insured employer. In | ||
the event the employer is insured, the notice
shall state the | ||
name and address of his insurance carrier, the number of
the | ||
insurance policy, its effective date and the date of | ||
termination. In
the event of the termination of the policy for | ||
any reason prior to the
termination date stated, the posted | ||
notice shall promptly be corrected
accordingly. In the event | ||
the employer is operating as a self-insured
employer the notice | ||
shall state the name and address of the company, if
any, | ||
servicing the compensation payments of the employer, and the | ||
name
and address of the person in charge of making compensation | ||
payments.
| ||
(b) Every employer subject to this Act shall maintain |
accurate
records of work-related deaths, injuries and illness | ||
other than minor
injuries requiring only first aid treatment | ||
and which do not involve
medical treatment, loss of | ||
consciousness, restriction of work or motion,
or transfer to | ||
another job and file with the Commission, in writing, a
report | ||
of all accidental deaths, injuries and illnesses arising out of
| ||
and in the course of the employment resulting in the loss of | ||
more than
3 scheduled work days. In the case of death such | ||
report shall be
made no later than 2 working days following the | ||
accidental death. In
all other cases such report shall be made | ||
between the 15th and 25th of
each month unless required to be | ||
made sooner by rule of the Commission.
In case the injury | ||
results in permanent disability, a further report
shall be made | ||
as soon as it is determined that such permanent disability
has | ||
resulted or will result from the injury. All reports shall | ||
state
the date of the injury, including the time of day or | ||
night, the nature
of the employer's business, the name, | ||
address, age, sex, conjugal
condition of the injured person, | ||
the specific occupation of the injured
person, the direct cause | ||
of the injury and the nature of the accident,
the character of | ||
the injury, the length of disability, and in case of
death the | ||
length of disability before death, the wages of the injured
| ||
person, whether compensation has been paid to the injured | ||
person, or to
his or her legal representative or his heirs or | ||
next of kin, the amount of
compensation paid, the amount paid | ||
for physicians', surgeons' and
hospital bills, and by whom |
paid, and the amount paid for funeral or
burial expenses if | ||
known. The reports shall be made on forms and in the
manner as | ||
prescribed by the Commission and shall contain such further
| ||
information as the Commission shall deem necessary and require. | ||
The
making of these reports releases the employer from making | ||
such reports
to any other officer of the State and shall | ||
satisfy the reporting
provisions as contained in the Safety | ||
Inspection and Education Act, the Health and Safety Act, and | ||
the Occupational Safety and Health Act. The reports filed with | ||
the
Commission pursuant to this Section shall be made available | ||
by the
Commission to the Director of Labor or his | ||
representatives and to all
other departments of the State of | ||
Illinois which shall require such
information for the proper | ||
discharge of their official duties. Failure
to file with the | ||
Commission any of the reports required in this Section
is a | ||
petty offense.
| ||
Except as provided in this paragraph, all reports filed | ||
hereunder shall
be confidential and any person
having access to | ||
such records filed with the Illinois Workers' Compensation | ||
Commission as
herein required, who shall release any | ||
information therein contained
including the names or otherwise | ||
identify any persons sustaining
injuries or disabilities, or | ||
give access to such information to any
unauthorized person, | ||
shall be subject to discipline or discharge, and in
addition | ||
shall be guilty of a Class B misdemeanor. The Commission shall
| ||
compile and distribute to interested persons aggregate |
statistics, taken
from the reports filed hereunder. The | ||
aggregate statistics shall not give
the names or otherwise | ||
identify persons sustaining injuries or disabilities
or the | ||
employer of any injured or disabled person.
| ||
(c) Notice of the accident shall be given to the employer | ||
as soon as
practicable, but not later than 45 days after the | ||
accident. Provided:
| ||
(1) In case of the legal disability of the employee
or | ||
any dependent of a
deceased employee who may be entitled to | ||
compensation under the
provisions of this Act, the | ||
limitations of time by this Act provided do
not begin to | ||
run against such person under legal disability
until a
| ||
guardian has been appointed.
| ||
(2) In cases of injuries sustained by exposure to | ||
radiological
materials or equipment, notice shall be given | ||
to the employer within 90
days subsequent to the time that | ||
the employee knows or suspects that he
has received an | ||
excessive dose of radiation.
| ||
No defect or inaccuracy of such notice shall be a bar to | ||
the
maintenance of proceedings on arbitration or otherwise by | ||
the employee
unless the employer proves that he is unduly | ||
prejudiced in such
proceedings by such defect or inaccuracy.
| ||
Notice of the accident shall give the approximate date and | ||
place of
the accident, if known, and may be given orally or in | ||
writing.
| ||
(d) Every employer shall notify each injured employee who |
has been
granted compensation under the provisions of Section 8 | ||
of this Act
of his rights to rehabilitation services and advise | ||
him of the locations
of available public rehabilitation centers | ||
and any other such services
of which the employer has | ||
knowledge.
| ||
In any case, other than one where the injury was caused by | ||
exposure
to radiological materials or equipment or asbestos | ||
unless the application for
compensation is filed with the | ||
Commission within 3 years after the date
of the accident, where | ||
no compensation has been paid, or within 2 years
after the date | ||
of the last payment of compensation, where any has been
paid, | ||
whichever shall be later, the right to file such application | ||
shall
be barred.
| ||
In any case of injury caused by exposure to radiological | ||
materials or
equipment or asbestos, unless application for | ||
compensation is filed with the
Commission within 25 years after | ||
the last day that the employee was
employed in an environment | ||
of hazardous radiological activity or asbestos,
the right to | ||
file such application shall be barred.
| ||
If in any case except one where the injury was caused by | ||
exposure to
radiological materials or equipment or asbestos, | ||
the accidental injury
results in death application for | ||
compensation for death may be filed with the
Commission within | ||
3 years after the date of death where no compensation
has been | ||
paid or within 2 years after the date of the last payment of
| ||
compensation where any has been paid, whichever shall be later, |
but not
thereafter.
| ||
If an accidental injury caused by exposure to radiological | ||
material
or equipment or asbestos results in death within 25 | ||
years after the last
day that the employee was so exposed | ||
application for compensation for death may
be filed with the | ||
Commission within 3 years after the date of death,
where no | ||
compensation has been paid, or within 2 years after the date of
| ||
the last payment of compensation where any has been paid, | ||
whichever
shall be later, but not thereafter.
| ||
(e) Any contract or agreement made by any employer or his | ||
agent or
attorney with any employee or any other beneficiary of | ||
any claim under
the provisions of this Act within 7 days after | ||
the injury shall be
presumed to be fraudulent.
| ||
(f) Any condition or impairment of health of an employee | ||
employed as a
firefighter, emergency medical technician (EMT), | ||
emergency medical technician-intermediate (EMT-I), advanced | ||
emergency medical technician (A-EMT), or paramedic which | ||
results
directly or indirectly from any bloodborne pathogen, | ||
lung or respiratory
disease
or condition, heart
or vascular | ||
disease or condition, hypertension, tuberculosis, or cancer
| ||
resulting in any disability (temporary, permanent, total, or | ||
partial) to the
employee shall be rebuttably presumed to arise | ||
out of and in the course of
the employee's firefighting, EMT, | ||
or paramedic employment and, further, shall
be
rebuttably | ||
presumed to be causally connected to the hazards or exposures | ||
of
the employment. This presumption shall also apply to any |
hernia or hearing
loss suffered by an employee employed as a | ||
firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this | ||
presumption shall not apply to any employee who has been | ||
employed
as a firefighter, EMT, or paramedic for less than 5 | ||
years at the time he or she files an Application for Adjustment | ||
of Claim concerning this condition or impairment with the | ||
Illinois Workers' Compensation Commission. The rebuttable | ||
presumption established under this subsection, however, does | ||
not apply to an emergency medical technician (EMT), emergency | ||
medical technician-intermediate (EMT-I), advanced emergency | ||
medical technician (A-EMT), or paramedic employed by a private | ||
employer if the employee spends the preponderance of his or her | ||
work time for that employer engaged in medical transfers | ||
between medical care facilities or non-emergency medical | ||
transfers to or from medical care facilities. The changes made | ||
to this subsection by Public Act 98-291 shall be narrowly | ||
construed. The Finding and Decision of the Illinois Workers' | ||
Compensation Commission under only the rebuttable presumption | ||
provision of this subsection shall not be admissible or be | ||
deemed res judicata in any disability claim under the Illinois | ||
Pension Code arising out of the same medical condition; | ||
however, this sentence makes no change to the law set forth in | ||
Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||
(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, | ||
eff. 8-15-14; revised 10-1-14.)
|
Section 995. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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