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| 1 | | AN ACT concerning the Illinois Department of Veterans |
| 2 | | Affairs. |
| 3 | | Be it enacted by the People of the State of Illinois, |
| 4 | | represented in the General Assembly: |
| 5 | | Section 5. The State Employee Indemnification Act is |
| 6 | | amended by changing Sections 1 and 2 as follows: |
| 7 | | (5 ILCS 350/1) (from Ch. 127, par. 1301) |
| 8 | | Sec. 1. Definitions. For the purpose of this Act: |
| 9 | | (a) The term "State" means the State of Illinois, the |
| 10 | | General Assembly, the court, or any State office, department, |
| 11 | | division, bureau, board, commission, or committee, the |
| 12 | | governing boards of the public institutions of higher |
| 13 | | education created by the State, the Illinois National Guard, |
| 14 | | the Illinois State Guard, the Comprehensive Health Insurance |
| 15 | | Board, any poison control center designated under the Poison |
| 16 | | Control System Act that receives State funding, or any other |
| 17 | | agency or instrumentality of the State. It does not mean any |
| 18 | | local public entity as that term is defined in Section 1-206 of |
| 19 | | the Local Governmental and Governmental Employees Tort |
| 20 | | Immunity Act or a pension fund. |
| 21 | | (b) The term "employee" means: any present or former |
| 22 | | elected or appointed officer, trustee or employee of the |
| 23 | | State, or of a pension fund; any present or former |
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| 1 | | commissioner or employee of the Executive Ethics Commission or |
| 2 | | of the Legislative Ethics Commission; any present or former |
| 3 | | Executive, Legislative, or Auditor General's Inspector |
| 4 | | General; any present or former employee of an Office of an |
| 5 | | Executive, Legislative, or Auditor General's Inspector |
| 6 | | General; any present or former member of the Illinois National |
| 7 | | Guard while on active duty; any present or former member of the |
| 8 | | Illinois State Guard while on State active duty; individuals |
| 9 | | or organizations who contract with the Department of |
| 10 | | Corrections, the Department of Juvenile Justice, the |
| 11 | | Comprehensive Health Insurance Board, or the Department of |
| 12 | | Veterans Veterans' Affairs to provide services; individuals or |
| 13 | | organizations who contract with the Department of Human |
| 14 | | Services (as successor to the Department of Mental Health and |
| 15 | | Developmental Disabilities) to provide services including but |
| 16 | | not limited to treatment and other services for sexually |
| 17 | | violent persons; individuals or organizations who contract |
| 18 | | with the Department of Military Affairs for youth programs; |
| 19 | | individuals or organizations who contract to perform carnival |
| 20 | | and amusement ride safety inspections for the Department of |
| 21 | | Labor; individuals who contract with the Office of the State's |
| 22 | | Attorneys Appellate Prosecutor to provide legal services, but |
| 23 | | only when performing duties within the scope of the Office's |
| 24 | | prosecutorial activities; individual representatives of or |
| 25 | | designated organizations authorized to represent the Office of |
| 26 | | State Long-Term Ombudsman for the Department on Aging; |
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| 1 | | individual representatives of or organizations designated by |
| 2 | | the Department on Aging in the performance of their duties as |
| 3 | | adult protective services agencies or regional administrative |
| 4 | | agencies under the Adult Protective Services Act; individuals |
| 5 | | or organizations appointed as members of a review team or the |
| 6 | | Advisory Council under the Adult Protective Services Act; |
| 7 | | individuals or organizations who perform volunteer services |
| 8 | | for the State where such volunteer relationship is reduced to |
| 9 | | writing; individuals who serve on any public entity (whether |
| 10 | | created by law or administrative action) described in |
| 11 | | paragraph (a) of this Section; individuals or not for profit |
| 12 | | organizations who, either as volunteers, where such volunteer |
| 13 | | relationship is reduced to writing, or pursuant to contract, |
| 14 | | furnish professional advice or consultation to any agency or |
| 15 | | instrumentality of the State; individuals who serve as foster |
| 16 | | parents for the Department of Children and Family Services |
| 17 | | when caring for youth in care as defined in Section 4d of the |
| 18 | | Children and Family Services Act; individuals who serve as |
| 19 | | members of an independent team of experts under the |
| 20 | | Developmental Disability and Mental Health Safety Act (also |
| 21 | | known as Brian's Law); and individuals who serve as |
| 22 | | arbitrators pursuant to Part 10A of Article II of the Code of |
| 23 | | Civil Procedure and the rules of the Supreme Court |
| 24 | | implementing Part 10A, each as now or hereafter amended; the |
| 25 | | members of the Certification Review Panel under the Illinois |
| 26 | | Police Training Act; the term "employee" does not mean an |
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| 1 | | independent contractor except as provided in this Section. The |
| 2 | | term includes an individual appointed as an inspector by the |
| 3 | | Director of the Illinois State Police when performing duties |
| 4 | | within the scope of the activities of a Metropolitan |
| 5 | | Enforcement Group or a law enforcement organization |
| 6 | | established under the Intergovernmental Cooperation Act. An |
| 7 | | individual who renders professional advice and consultation to |
| 8 | | the State through an organization which qualifies as an |
| 9 | | "employee" under the Act is also an employee. The term |
| 10 | | includes the estate or personal representative of an employee. |
| 11 | | (c) The term "pension fund" means a retirement system or |
| 12 | | pension fund created under the Illinois Pension Code. |
| 13 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; |
| 14 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
| 15 | | (5 ILCS 350/2) (from Ch. 127, par. 1302) |
| 16 | | Sec. 2. Representation and indemnification of State |
| 17 | | employees. |
| 18 | | (a) In the event that any civil proceeding is commenced |
| 19 | | against any State employee arising out of any act or omission |
| 20 | | occurring within the scope of the employee's State employment, |
| 21 | | the Attorney General shall, upon timely and appropriate notice |
| 22 | | to him by such employee, appear on behalf of such employee and |
| 23 | | defend the action. In the event that any civil proceeding is |
| 24 | | commenced against any physician who is an employee of the |
| 25 | | Department of Corrections or the Department of Human Services |
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| 1 | | (in a position relating to the Department's mental health and |
| 2 | | developmental disabilities functions) alleging death or bodily |
| 3 | | injury or other injury to the person of the complainant |
| 4 | | resulting from and arising out of any act or omission |
| 5 | | occurring on or after December 3, 1977 within the scope of the |
| 6 | | employee's State employment, or against any physician who is |
| 7 | | an employee of the Department of Veterans Veterans' Affairs |
| 8 | | alleging death or bodily injury or other injury to the person |
| 9 | | of the complainant resulting from and arising out of any act or |
| 10 | | omission occurring on or after the effective date of this |
| 11 | | amendatory Act of 1988 within the scope of the employee's |
| 12 | | State employment, or in the event that any civil proceeding is |
| 13 | | commenced against any attorney who is an employee of the State |
| 14 | | Appellate Defender alleging legal malpractice or for other |
| 15 | | damages resulting from and arising out of any legal act or |
| 16 | | omission occurring on or after December 3, 1977, within the |
| 17 | | scope of the employee's State employment, or in the event that |
| 18 | | any civil proceeding is commenced against any individual or |
| 19 | | organization who contracts with the Department of Labor to |
| 20 | | provide services as a carnival and amusement ride safety |
| 21 | | inspector alleging malpractice, death or bodily injury or |
| 22 | | other injury to the person arising out of any act or omission |
| 23 | | occurring on or after May 1, 1985, within the scope of that |
| 24 | | employee's State employment, the Attorney General shall, upon |
| 25 | | timely and appropriate notice to him by such employee, appear |
| 26 | | on behalf of such employee and defend the action. Any such |
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| 1 | | notice shall be in writing, shall be mailed within 15 days |
| 2 | | after the date of receipt by the employee of service of |
| 3 | | process, and shall authorize the Attorney General to represent |
| 4 | | and defend the employee in the proceeding. The giving of this |
| 5 | | notice to the Attorney General shall constitute an agreement |
| 6 | | by the State employee to cooperate with the Attorney General |
| 7 | | in his defense of the action and a consent that the Attorney |
| 8 | | General shall conduct the defense as he deems advisable and in |
| 9 | | the best interests of the employee, including settlement in |
| 10 | | the Attorney General's discretion. In any such proceeding, the |
| 11 | | State shall pay the court costs and litigation expenses of |
| 12 | | defending such action, to the extent approved by the Attorney |
| 13 | | General as reasonable, as they are incurred. |
| 14 | | (b) In the event that the Attorney General determines that |
| 15 | | so appearing and defending an employee either (1) involves an |
| 16 | | actual or potential conflict of interest, or (2) that the act |
| 17 | | or omission which gave rise to the claim was not within the |
| 18 | | scope of the employee's State employment or was intentional, |
| 19 | | wilful or wanton misconduct, the Attorney General shall |
| 20 | | decline in writing to appear or defend or shall promptly take |
| 21 | | appropriate action to withdraw as attorney for such employee. |
| 22 | | Upon receipt of such declination or upon such withdrawal by |
| 23 | | the Attorney General on the basis of an actual or potential |
| 24 | | conflict of interest, the State employee may employ his own |
| 25 | | attorney to appear and defend, in which event the State shall |
| 26 | | pay the employee's court costs, litigation expenses and |
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| 1 | | attorneys' fees to the extent approved by the Attorney General |
| 2 | | as reasonable, as they are incurred. In the event that the |
| 3 | | Attorney General declines to appear or withdraws on the |
| 4 | | grounds that the act or omission was not within the scope of |
| 5 | | employment, or was intentional, wilful or wanton misconduct, |
| 6 | | and a court or jury finds that the act or omission of the State |
| 7 | | employee was within the scope of employment and was not |
| 8 | | intentional, wilful or wanton misconduct, the State shall |
| 9 | | indemnify the State employee for any damages awarded and court |
| 10 | | costs and attorneys' fees assessed as part of any final and |
| 11 | | unreversed judgment. In such event the State shall also pay |
| 12 | | the employee's court costs, litigation expenses and attorneys' |
| 13 | | fees to the extent approved by the Attorney General as |
| 14 | | reasonable. |
| 15 | | In the event that the defendant in the proceeding is an |
| 16 | | elected State official, including members of the General |
| 17 | | Assembly, the elected State official may retain his or her |
| 18 | | attorney, provided that said attorney shall be reasonably |
| 19 | | acceptable to the Attorney General. In such case the State |
| 20 | | shall pay the elected State official's court costs, litigation |
| 21 | | expenses, and attorneys' fees, to the extent approved by the |
| 22 | | Attorney General as reasonable, as they are incurred. |
| 23 | | (b-5) The Attorney General may file a counterclaim on |
| 24 | | behalf of a State employee, provided: |
| 25 | | (1) the Attorney General determines that the State |
| 26 | | employee is entitled to representation in a civil action |
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| 1 | | under this Section; |
| 2 | | (2) the counterclaim arises out of any act or omission |
| 3 | | occurring within the scope of the employee's State |
| 4 | | employment that is the subject of the civil action; and |
| 5 | | (3) the employee agrees in writing that if judgment is |
| 6 | | entered in favor of the employee, the amount of the |
| 7 | | judgment shall be applied to offset any judgment that may |
| 8 | | be entered in favor of the plaintiff, and then to |
| 9 | | reimburse the State treasury for court costs and |
| 10 | | litigation expenses required to pursue the counterclaim. |
| 11 | | The balance of the collected judgment shall be paid to the |
| 12 | | State employee. |
| 13 | | (c) Notwithstanding any other provision of this Section, |
| 14 | | representation and indemnification of a judge under this Act |
| 15 | | shall also be provided in any case where the plaintiff seeks |
| 16 | | damages or any equitable relief as a result of any decision, |
| 17 | | ruling or order of a judge made in the course of his or her |
| 18 | | judicial or administrative duties, without regard to the |
| 19 | | theory of recovery employed by the plaintiff. Indemnification |
| 20 | | shall be for all damages awarded and all court costs, attorney |
| 21 | | fees and litigation expenses assessed against the judge. When |
| 22 | | a judge has been convicted of a crime as a result of his or her |
| 23 | | intentional judicial misconduct in a trial, that judge shall |
| 24 | | not be entitled to indemnification and representation under |
| 25 | | this subsection in any case maintained by a party who seeks |
| 26 | | damages or other equitable relief as a direct result of the |
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| 1 | | judge's intentional judicial misconduct. |
| 2 | | (d) In any such proceeding where notice in accordance with |
| 3 | | this Section has been given to the Attorney General, unless |
| 4 | | the court or jury finds that the conduct or inaction which gave |
| 5 | | rise to the claim or cause of action was intentional, wilful or |
| 6 | | wanton misconduct and was not intended to serve or benefit |
| 7 | | interests of the State, the State shall indemnify the State |
| 8 | | employee for any damages awarded and court costs and |
| 9 | | attorneys' fees assessed as part of any final and unreversed |
| 10 | | judgment, or shall pay such judgment. Unless the Attorney |
| 11 | | General determines that the conduct or inaction which gave |
| 12 | | rise to the claim or cause of action was intentional, wilful or |
| 13 | | wanton misconduct and was not intended to serve or benefit |
| 14 | | interests of the State, the case may be settled, in the |
| 15 | | Attorney General's discretion and with the employee's consent, |
| 16 | | and the State shall indemnify the employee for any damages, |
| 17 | | court costs and attorneys' fees agreed to as part of the |
| 18 | | settlement, or shall pay such settlement. Where the employee |
| 19 | | is represented by private counsel, any settlement must be so |
| 20 | | approved by the Attorney General and the court having |
| 21 | | jurisdiction, which shall obligate the State to indemnify the |
| 22 | | employee. |
| 23 | | (e) (i) Court costs and litigation expenses and other |
| 24 | | costs of providing a defense or counterclaim, including |
| 25 | | attorneys' fees obligated under this Section, shall be paid |
| 26 | | from the State Treasury on the warrant of the Comptroller out |
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| 1 | | of appropriations made to the Department of Central Management |
| 2 | | Services specifically designed for the payment of costs, fees |
| 3 | | and expenses covered by this Section. |
| 4 | | (ii) Upon entry of a final judgment against the employee, |
| 5 | | or upon the settlement of the claim, the employee shall cause |
| 6 | | to be served a copy of such judgment or settlement, personally |
| 7 | | or by certified or registered mail within thirty days of the |
| 8 | | date of entry or settlement, upon the chief administrative |
| 9 | | officer of the department, office or agency in which he is |
| 10 | | employed. If not inconsistent with the provisions of this |
| 11 | | Section, such judgment or settlement shall be certified for |
| 12 | | payment by such chief administrative officer and by the |
| 13 | | Attorney General. The judgment or settlement shall be paid |
| 14 | | from the State Treasury on the warrant of the Comptroller out |
| 15 | | of appropriations made to the Department of Central Management |
| 16 | | Services specifically designed for the payment of claims |
| 17 | | covered by this Section. |
| 18 | | (f) Nothing contained or implied in this Section shall |
| 19 | | operate, or be construed or applied, to deprive the State, or |
| 20 | | any employee thereof, of any defense heretofore available. |
| 21 | | (g) This Section shall apply regardless of whether the |
| 22 | | employee is sued in his or her individual or official |
| 23 | | capacity. |
| 24 | | (h) This Section shall not apply to claims for bodily |
| 25 | | injury or damage to property arising from motor vehicle |
| 26 | | crashes. |
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| 1 | | (i) This Section shall apply to all proceedings filed on |
| 2 | | or after its effective date, and to any proceeding pending on |
| 3 | | its effective date, if the State employee gives notice to the |
| 4 | | Attorney General as provided in this Section within 30 days of |
| 5 | | the Act's effective date. |
| 6 | | (j) The amendatory changes made to this Section by this |
| 7 | | amendatory Act of 1986 shall apply to all proceedings filed on |
| 8 | | or after the effective date of this amendatory Act of 1986 and |
| 9 | | to any proceeding pending on its effective date, if the State |
| 10 | | employee gives notice to the Attorney General as provided in |
| 11 | | this Section within 30 days of the effective date of this |
| 12 | | amendatory Act of 1986. |
| 13 | | (k) This Act applies to all State officials who are |
| 14 | | serving as trustees, or their appointing authorities, of a |
| 15 | | clean energy community trust or as members of a not-for-profit |
| 16 | | foundation or corporation established pursuant to Section |
| 17 | | 16-111.1 of the Public Utilities Act. |
| 18 | | (l) The State shall not provide representation for, nor |
| 19 | | shall it indemnify, any State employee in (i) any criminal |
| 20 | | proceeding in which the employee is a defendant or (ii) any |
| 21 | | criminal investigation in which the employee is the target. |
| 22 | | Nothing in this Act shall be construed to prohibit the State |
| 23 | | from providing representation to a State employee who is a |
| 24 | | witness in a criminal matter arising out of that employee's |
| 25 | | State employment. |
| 26 | | (Source: P.A. 102-982, eff. 7-1-23.) |
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| 1 | | Section 10. The State Services Assurance Act for FY2008 is |
| 2 | | amended by changing Section 3-15 as follows: |
| 3 | | (5 ILCS 382/3-15) |
| 4 | | Sec. 3-15. Staffing standards. On or before July 1, 2008 |
| 5 | | each named agency shall increase and maintain the number of |
| 6 | | bilingual on-board frontline staff over the levels that it |
| 7 | | maintained on June 30, 2007 as follows: |
| 8 | | (1) The Department of Corrections shall have at least |
| 9 | | 40 additional bilingual on-board frontline staff. |
| 10 | | (2) Mental health and developmental centers operated |
| 11 | | by the Department of Human Services shall have at least 20 |
| 12 | | additional bilingual on-board frontline staff. |
| 13 | | (3) Family and Community Resource Centers operated by |
| 14 | | the Department of Human Services shall have at least 100 |
| 15 | | additional bilingual on-board frontline staff. |
| 16 | | (4) The Department of Children and Family Services |
| 17 | | shall have at least 40 additional bilingual on-board |
| 18 | | frontline staff. |
| 19 | | (5) The Department of Veterans Veterans' Affairs shall |
| 20 | | have at least 5 additional bilingual on-board frontline |
| 21 | | staff. |
| 22 | | (6) The Environmental Protection Agency shall have at |
| 23 | | least 5 additional bilingual on-board frontline staff. |
| 24 | | (7) The Department of Employment Security shall have |
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| 1 | | at least 10 additional bilingual on-board frontline staff. |
| 2 | | (8) The Department of Natural Resources shall have at |
| 3 | | least 5 additional bilingual on-board frontline staff. |
| 4 | | (9) The Department of Public Health shall have at |
| 5 | | least 5 additional bilingual on-board frontline staff. |
| 6 | | (10) The Illinois State Police shall have at least 5 |
| 7 | | additional bilingual on-board frontline staff. |
| 8 | | (11) The Department of Juvenile Justice shall have at |
| 9 | | least 25 additional bilingual on-board frontline staff. |
| 10 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 11 | | Section 15. The Flag Display Act is amended by changing |
| 12 | | Section 10 as follows: |
| 13 | | (5 ILCS 465/10) |
| 14 | | Sec. 10. Death of resident military member, law |
| 15 | | enforcement officer, firefighter, or members of EMS crews. |
| 16 | | (a) The Governor shall issue an official notice to fly the |
| 17 | | following flags at half-staff upon the death of a resident of |
| 18 | | this State killed (i) by hostile fire as a member of the United |
| 19 | | States armed forces, (ii) in the line of duty as a law |
| 20 | | enforcement officer, (iii) in the line of duty as a |
| 21 | | firefighter, (iv) in the line of duty as a member of an |
| 22 | | Emergency Medical Services (EMS) crew, or (v) during on duty |
| 23 | | training for active military duty: the United States national |
| 24 | | flag, the State flag of Illinois, and, in the case of the death |
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| 1 | | of the member of the United States armed forces, the |
| 2 | | appropriate military flag as defined in subsection (b) of |
| 3 | | Section 18.6 of the Condominium Property Act and the Honor and |
| 4 | | Remember Flag designated under Section 16 of this Act. Upon |
| 5 | | the Governor's notice, each person or entity required by this |
| 6 | | Act to ensure the display of the United States national flag on |
| 7 | | a flagstaff shall ensure that the flags described in the |
| 8 | | notice are displayed at half-staff on the day designated for |
| 9 | | the resident's funeral and the 2 days preceding that day. |
| 10 | | (b) The Department of Veterans Veterans' Affairs shall |
| 11 | | notify the Governor of the death by hostile fire of an Illinois |
| 12 | | resident member of the United States armed forces. In lieu of |
| 13 | | notice being provided by the Department of Veterans Veterans' |
| 14 | | Affairs, any other State or Federal entity, agency, or person |
| 15 | | holding such information may notify the Governor of the death |
| 16 | | by hostile fire of an Illinois resident member of the United |
| 17 | | States armed forces. If such notice is provided to the |
| 18 | | Governor by an entity, agency, or person other than the |
| 19 | | Department of Veterans Veterans' Affairs, then the obligation |
| 20 | | to notify the Governor of an Illinois resident soldier's death |
| 21 | | under this subsection (b) shall be considered fulfilled. The |
| 22 | | Illinois State Police shall notify the Governor of the death |
| 23 | | in the line of duty of an Illinois resident law enforcement |
| 24 | | officer. The Office of the State Fire Marshal shall notify the |
| 25 | | Governor of the death in the line of duty of an Illinois |
| 26 | | resident firefighter. The Department of Public Health shall |
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| 1 | | notify the Governor of the death in the line of duty of an |
| 2 | | Illinois resident member of an Emergency Medical Services |
| 3 | | (EMS) crew. Notice to the Governor shall include at least the |
| 4 | | resident's name and Illinois address, the date designated for |
| 5 | | the funeral, and the circumstances of the death. |
| 6 | | (c) For the purpose of this Section, the United States |
| 7 | | armed forces includes: (i) the United States Army, Navy, |
| 8 | | Marine Corps, Air Force, Space Force, and Coast Guard; (ii) |
| 9 | | any reserve component of each of the forces listed in item (i); |
| 10 | | and (iii) the National Guard. |
| 11 | | (d) Nothing in this Section requires the removal or |
| 12 | | relocation of any existing flags currently displayed in the |
| 13 | | State. This Section does not apply to a State facility if the |
| 14 | | requirements of this Section cannot be satisfied without a |
| 15 | | physical modification to that facility. |
| 16 | | (Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24; |
| 17 | | 103-746, eff. 1-1-25.) |
| 18 | | Section 20. The Executive Order 1 (2012) Implementation |
| 19 | | Act is amended by changing Sections 15, 25, 30, 35, 55, and 65 |
| 20 | | as follows: |
| 21 | | (15 ILCS 16/15) |
| 22 | | Sec. 15. Transfer back of State healthcare purchasing |
| 23 | | functions transferred by Executive Order 3 (2005). |
| 24 | | (a) On the date 6 months after the effective date of this |
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| 1 | | Act or as soon thereafter as practical, all of the powers, |
| 2 | | duties, rights, and responsibilities related to State |
| 3 | | healthcare purchasing that were transferred from the |
| 4 | | Department of Central Management Services, the Department of |
| 5 | | Corrections, the Department of Human Services, and the |
| 6 | | Department of Veterans' Affairs (now the Department of |
| 7 | | Veterans Affairs) to the Department of Healthcare and Family |
| 8 | | Services by Executive Order 3 (2005) are transferred back to |
| 9 | | the Departments from which those powers, duties, rights, and |
| 10 | | responsibilities were transferred; however, powers, duties, |
| 11 | | rights, and responsibilities related to State healthcare |
| 12 | | purchasing that were exercised by the Department of |
| 13 | | Corrections before the effective date of Executive Order 3 |
| 14 | | (2005) but that pertain to individuals resident in facilities |
| 15 | | operated by the Department of Juvenile Justice are transferred |
| 16 | | to the Department of Juvenile Justice. |
| 17 | | (b) The functions associated with State healthcare |
| 18 | | purchasing that are transferred from the Department of |
| 19 | | Healthcare and Family Services under this Section include, |
| 20 | | without limitation, the following: |
| 21 | | (1) Rate development and negotiation with hospitals, |
| 22 | | physicians, and managed care providers. |
| 23 | | (2) Health care procurement development. |
| 24 | | (3) Contract implementation and fiscal monitoring. |
| 25 | | (4) Contract amendments. |
| 26 | | (5) Payment processing. |
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| 1 | | (6) Purchasing aspects of health care plans |
| 2 | | administered by the State on behalf of the following: |
| 3 | | (A) State employees. These healthcare purchasing |
| 4 | | functions include the following health care plans: |
| 5 | | quality care health plan; managed care health plan; |
| 6 | | vision plan; pharmacy benefits plan; dental plan; |
| 7 | | behavioral health plan; employee assistance plan; |
| 8 | | utilization management plan; and SHIPs and various |
| 9 | | subrogation agreements. These healthcare purchasing |
| 10 | | functions also include the purchasing and |
| 11 | | administration of flu shots, hepatitis B vaccinations, |
| 12 | | and tuberculosis tests. |
| 13 | | (B) Persons other than State employees. These |
| 14 | | healthcare purchasing functions include the following |
| 15 | | health care plans: the retired teachers' health |
| 16 | | insurance plan under the State Employees Group |
| 17 | | Insurance Act of 1971; the local government health |
| 18 | | insurance plan under the State Employees Group |
| 19 | | Insurance Act of 1971; the community colleges health |
| 20 | | insurance plan under the State Employees Group |
| 21 | | Insurance Act of 1971; the active teacher prescription |
| 22 | | program; and the Illinois Prescription Drug Discount |
| 23 | | Program. |
| 24 | | (C) Residents of State-operated facilities, |
| 25 | | including (i) correctional and youth facilities |
| 26 | | operated by the Department of Corrections or the |
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| 1 | | Department of Juvenile Justice, (ii) mental health |
| 2 | | centers and developmental centers operated by the |
| 3 | | Department of Human Services, and (iii) veterans homes |
| 4 | | operated by the Department of Veterans' Affairs (now |
| 5 | | the Department of Veterans Affairs). |
| 6 | | (c) The powers, duties, rights, and responsibilities |
| 7 | | vested in or associated with State healthcare purchasing are |
| 8 | | not affected by this Act, except that all management and staff |
| 9 | | support or other resources necessary to the operation of a |
| 10 | | State healthcare purchasing function shall be provided by the |
| 11 | | Department to which that function is transferred under this |
| 12 | | Act. |
| 13 | | (Source: P.A. 98-488, eff. 8-16-13.) |
| 14 | | (15 ILCS 16/25) |
| 15 | | Sec. 25. Personnel transferred. |
| 16 | | (a) Personnel and positions within the Department of |
| 17 | | Healthcare and Family Services that are engaged in the |
| 18 | | performance of State healthcare purchasing functions |
| 19 | | transferred back to the Department of Central Management |
| 20 | | Services are transferred to and shall continue their service |
| 21 | | within the Department of Central Management Services. The |
| 22 | | status and rights of those employees under the Personnel Code |
| 23 | | are not affected by this Act. |
| 24 | | (b) Personnel and positions of the Department of |
| 25 | | Corrections, the Department of Juvenile Justice, the |
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| 1 | | Department of Human Services, and the Department of Veterans' |
| 2 | | Affairs (now the Department of Veterans Affairs) were not in |
| 3 | | fact transferred under Executive Order 3 (2005) and are not |
| 4 | | affected by this Act. |
| 5 | | (Source: P.A. 98-488, eff. 8-16-13.) |
| 6 | | (15 ILCS 16/30) |
| 7 | | Sec. 30. Books and records transferred. All books, |
| 8 | | records, papers, documents, property (real and personal), |
| 9 | | contracts, and pending business pertaining to the powers, |
| 10 | | duties, rights, and responsibilities related to any of the |
| 11 | | State healthcare purchasing functions transferred under this |
| 12 | | Act from the Department of Healthcare and Family Services to |
| 13 | | the Department of Central Management Services, the Department |
| 14 | | of Corrections, the Department of Juvenile Justice, the |
| 15 | | Department of Human Services, and the Department of Veterans' |
| 16 | | Affairs (now the Department of Veterans Affairs), including, |
| 17 | | but not limited to, material in electronic or magnetic format |
| 18 | | and necessary computer hardware and software, shall be |
| 19 | | delivered to the Department to which that State healthcare |
| 20 | | purchasing function is transferred under this Act, provided |
| 21 | | that the delivery of that information may not violate any |
| 22 | | applicable confidentiality constraints. The access by |
| 23 | | personnel of the Department of Central Management Services, |
| 24 | | the Department of Corrections, the Department of Juvenile |
| 25 | | Justice, the Department of Human Services, and the Department |
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| 1 | | of Veterans' Affairs (now the Department of Veterans Affairs) |
| 2 | | to databases and electronic health information that are |
| 3 | | currently maintained by the Department of Healthcare and |
| 4 | | Family Services and that contain data and information |
| 5 | | necessary to the performance of the State healthcare |
| 6 | | purchasing functions shall continue in the same manner and |
| 7 | | level of access as before the effective date of Executive |
| 8 | | Order 1 (2012). Staff of the Department of Central Management |
| 9 | | Services, the Department of Corrections, the Department of |
| 10 | | Juvenile Justice, the Department of Human Services, and the |
| 11 | | Department of Veterans' Affairs (now the Department of |
| 12 | | Veterans Affairs) may work with staff of the Department of |
| 13 | | Healthcare and Family Services to add new information relevant |
| 14 | | to State healthcare purchasing functions. |
| 15 | | (Source: P.A. 98-488, eff. 8-16-13.) |
| 16 | | (15 ILCS 16/35) |
| 17 | | Sec. 35. Unexpended moneys transferred. |
| 18 | | (a) With respect to the State healthcare purchasing |
| 19 | | functions transferred under this Act, the Department of |
| 20 | | Central Management Services is the successor agency to the |
| 21 | | Department of Healthcare and Family Services under the |
| 22 | | Successor Agency Act and Section 9b of the State Finance Act. |
| 23 | | All unexpended appropriations and balances and other moneys |
| 24 | | available for use in connection with any of the State |
| 25 | | healthcare purchasing functions transferred from the |
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| 1 | | Department of Healthcare and Family Services to the Department |
| 2 | | of Central Management Services are transferred for use by the |
| 3 | | Department of Central Management Services for the exercise of |
| 4 | | those functions pursuant to the direction of the Governor. |
| 5 | | Unexpended balances so transferred shall be expended only for |
| 6 | | the purpose for which the appropriations were originally made. |
| 7 | | (b) Appropriations of the Department of Corrections, the |
| 8 | | Department of Juvenile Justice, the Department of Human |
| 9 | | Services, and the Department of Veterans' Affairs (now the |
| 10 | | Department of Veterans Affairs) were not in fact transferred |
| 11 | | under Executive Order 3 (2005) and are not affected by this |
| 12 | | Act. |
| 13 | | (Source: P.A. 98-488, eff. 8-16-13.) |
| 14 | | (15 ILCS 16/55) |
| 15 | | Sec. 55. Agency officers; penalties. Every officer of the |
| 16 | | Department of Central Management Services, the Department of |
| 17 | | Corrections, the Department of Juvenile Justice, the |
| 18 | | Department of Human Services, and the Department of Veterans' |
| 19 | | Affairs (now the Department of Veterans Affairs) is, for any |
| 20 | | offense, subject to the same penalty or penalties, civil or |
| 21 | | criminal, as are prescribed by existing law for the same |
| 22 | | offense by any officer whose powers or duties are transferred |
| 23 | | under this Act. |
| 24 | | (Source: P.A. 98-488, eff. 8-16-13.) |
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| 1 | | (15 ILCS 16/65) |
| 2 | | Sec. 65. Interagency agreements. To the extent necessary |
| 3 | | or prudent to fully implement the intent of this Act, the |
| 4 | | Department of Central Management Services, the Department of |
| 5 | | Corrections, the Department of Human Services, the Department |
| 6 | | of Juvenile Justice, the Department of Veterans' Affairs (now |
| 7 | | the Department of Veterans Affairs), and the Department of |
| 8 | | Healthcare and Family Services may enter into one or more |
| 9 | | interagency agreements to ensure the full and appropriate |
| 10 | | transfer of all State healthcare purchasing functions |
| 11 | | transferred from the Department of Healthcare and Family |
| 12 | | Services under this Act. |
| 13 | | (Source: P.A. 98-488, eff. 8-16-13.) |
| 14 | | Section 30. The Illinois Identification Card Act is |
| 15 | | amended by changing Sections 5 and 11 as follows: |
| 16 | | (15 ILCS 335/5) |
| 17 | | Sec. 5. Applications. |
| 18 | | (a) Any natural person who is a resident of the State of |
| 19 | | Illinois may file an application for an identification card, |
| 20 | | or for the renewal thereof, in a manner prescribed by the |
| 21 | | Secretary. Each original application shall be completed by the |
| 22 | | applicant in full and shall set forth the legal name, |
| 23 | | residence address and zip code, social security number, if the |
| 24 | | person has a social security number, birth date, sex and a |
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| 1 | | brief description of the applicant. The applicant shall be |
| 2 | | photographed, unless the Secretary of State has provided by |
| 3 | | rule for the issuance of identification cards without |
| 4 | | photographs and the applicant is deemed eligible for an |
| 5 | | identification card without a photograph under the terms and |
| 6 | | conditions imposed by the Secretary of State, and he or she |
| 7 | | shall also submit any other information as the Secretary may |
| 8 | | deem necessary or such documentation as the Secretary may |
| 9 | | require to determine the identity of the applicant. In |
| 10 | | addition to the residence address, the Secretary may allow the |
| 11 | | applicant to provide a mailing address. If the applicant is an |
| 12 | | employee of the Department of Children and Family Services |
| 13 | | with a job title of "Child Protection Specialist Trainee", |
| 14 | | "Child Protection Specialist", "Child Protection Advanced |
| 15 | | Specialist", "Child Welfare Specialist Trainee", "Child |
| 16 | | Welfare Specialist", or "Child Welfare Advanced Specialist" or |
| 17 | | a judicial officer as defined in Section 1-10 of the Judicial |
| 18 | | Privacy Act or a peace officer, the applicant may elect to have |
| 19 | | his or her office or work address in lieu of the applicant's |
| 20 | | residence or mailing address. An applicant for an Illinois |
| 21 | | Person with a Disability Identification Card must also submit |
| 22 | | with each original or renewal application, on forms prescribed |
| 23 | | by the Secretary, such documentation as the Secretary may |
| 24 | | require, establishing that the applicant is a "person with a |
| 25 | | disability" as defined in Section 4A of this Act, and setting |
| 26 | | forth the applicant's type and class of disability as set |
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| 1 | | forth in Section 4A of this Act. For the purposes of this |
| 2 | | subsection (a), "peace officer" means any person who by virtue |
| 3 | | of his or her office or public employment is vested by law with |
| 4 | | a duty to maintain public order or to make arrests for a |
| 5 | | violation of any penal statute of this State, whether that |
| 6 | | duty extends to all violations or is limited to specific |
| 7 | | violations. |
| 8 | | (a-5) Upon the first issuance of a request for proposals |
| 9 | | for a digital driver's license and identification card |
| 10 | | issuance and facial recognition system issued after January 1, |
| 11 | | 2020 (the effective date of Public Act 101-513), and upon |
| 12 | | implementation of a new or revised system procured pursuant to |
| 13 | | that request for proposals, the Secretary shall permit |
| 14 | | applicants to choose between "male", "female", or "non-binary" |
| 15 | | when designating the applicant's sex on the identification |
| 16 | | card application form. The sex designated by the applicant |
| 17 | | shall be displayed on the identification card issued to the |
| 18 | | applicant. |
| 19 | | (b) Beginning on or before July 1, 2015, for each original |
| 20 | | or renewal identification card application under this Act, the |
| 21 | | Secretary shall inquire as to whether the applicant is a |
| 22 | | veteran for purposes of issuing an identification card with a |
| 23 | | veteran designation under subsection (c-5) of Section 4 of |
| 24 | | this Act. The acceptable forms of proof shall include, but are |
| 25 | | not limited to, Department of Defense form DD-214, Department |
| 26 | | of Defense form DD-256 for applicants who did not receive a |
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| 1 | | form DD-214 upon the completion of initial basic training, |
| 2 | | Department of Defense form DD-2 (Retired), an identification |
| 3 | | card issued under the federal Veterans Identification Card Act |
| 4 | | of 2015, or a United States Department of Veterans Affairs |
| 5 | | summary of benefits letter. If the document cannot be stamped, |
| 6 | | the Illinois Department of Veterans Veterans' Affairs shall |
| 7 | | provide a certificate to the veteran to provide to the |
| 8 | | Secretary of State. The Illinois Department of Veterans |
| 9 | | Veterans' Affairs shall advise the Secretary as to what other |
| 10 | | forms of proof of a person's status as a veteran are |
| 11 | | acceptable. |
| 12 | | For each applicant who is issued an identification card |
| 13 | | with a veteran designation, the Secretary shall provide the |
| 14 | | Department of Veterans Veterans' Affairs with the applicant's |
| 15 | | name, address, date of birth, gender, and such other |
| 16 | | demographic information as agreed to by the Secretary and the |
| 17 | | Department. The Department may take steps necessary to confirm |
| 18 | | the applicant is a veteran. If after due diligence, including |
| 19 | | writing to the applicant at the address provided by the |
| 20 | | Secretary, the Department is unable to verify the applicant's |
| 21 | | veteran status, the Department shall inform the Secretary, who |
| 22 | | shall notify the applicant that he or she must confirm status |
| 23 | | as a veteran, or the identification card will be canceled |
| 24 | | cancelled. |
| 25 | | For purposes of this subsection (b): |
| 26 | | "Armed forces" means any of the Armed Forces of the United |
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| 1 | | States, including a member of any reserve component or |
| 2 | | National Guard unit. |
| 3 | | "Veteran" means a person who has served in the armed |
| 4 | | forces and was discharged or separated under honorable |
| 5 | | conditions. |
| 6 | | (b-1) An applicant who is eligible for Gold Star license |
| 7 | | plates under Section 3-664 of the Illinois Vehicle Code may |
| 8 | | apply for an identification card with space for a designation |
| 9 | | as a Gold Star Family. The Secretary may waive any fee for this |
| 10 | | application. If the Secretary does not waive the fee, any fee |
| 11 | | charged to the applicant must be deposited into the Illinois |
| 12 | | Veterans Assistance Fund. The Secretary is authorized to issue |
| 13 | | rules to implement this subsection. |
| 14 | | (c) All applicants for REAL ID compliant standard Illinois |
| 15 | | Identification Cards and Illinois Person with a Disability |
| 16 | | Identification Cards shall provide proof of lawful status in |
| 17 | | the United States as defined in 6 CFR 37.3, as amended. |
| 18 | | Applicants who are unable to provide the Secretary with proof |
| 19 | | of lawful status are ineligible for REAL ID compliant |
| 20 | | identification cards under this Act. |
| 21 | | (d) The Secretary of State may accept, as proof of date of |
| 22 | | birth and written signature for any applicant for a standard |
| 23 | | identification card who does not have a social security number |
| 24 | | or documentation issued by the United States Department of |
| 25 | | Homeland Security authorizing the applicant's presence in this |
| 26 | | country, any passport validly issued to the applicant from the |
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| 1 | | applicant's country of citizenship or a consular |
| 2 | | identification document validly issued to the applicant by a |
| 3 | | consulate of that country as defined in Section 5 of the |
| 4 | | Consular Identification Document Act. Any such documents must |
| 5 | | be either unexpired or presented by an applicant within 2 |
| 6 | | years of its expiration date. |
| 7 | | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; |
| 8 | | 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.) |
| 9 | | (15 ILCS 335/11) (from Ch. 124, par. 31) |
| 10 | | Sec. 11. Records. |
| 11 | | (a) The Secretary may make a search of his records and |
| 12 | | furnish information as to whether a person has a current |
| 13 | | Standard Illinois Identification Card or an Illinois Person |
| 14 | | with a Disability Identification Card then on file, upon |
| 15 | | receipt of a written application therefor accompanied with the |
| 16 | | prescribed fee. However, the Secretary may not disclose |
| 17 | | medical information concerning an individual to any person, |
| 18 | | public agency, private agency, corporation or governmental |
| 19 | | body unless the individual has submitted a written request for |
| 20 | | the information or unless the individual has given prior |
| 21 | | written consent for the release of the information to a |
| 22 | | specific person or entity. This exception shall not apply to: |
| 23 | | (1) offices and employees of the Secretary who have a need to |
| 24 | | know the medical information in performance of their official |
| 25 | | duties, or (2) orders of a court of competent jurisdiction. |
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| 1 | | When medical information is disclosed by the Secretary in |
| 2 | | accordance with the provisions of this Section, no liability |
| 3 | | shall rest with the Office of the Secretary of State as the |
| 4 | | information is released for informational purposes only. |
| 5 | | (b) Except as otherwise provided in this Section, the |
| 6 | | Secretary may release personally identifying information only |
| 7 | | to: |
| 8 | | (1) officers and employees of the Secretary who have a |
| 9 | | need to know that information for issuance of driver's |
| 10 | | licenses, permits, or identification cards and |
| 11 | | investigation of fraud or misconduct; |
| 12 | | (2) other governmental agencies for use in their |
| 13 | | official governmental functions; |
| 14 | | (3) law enforcement agencies for a criminal or civil |
| 15 | | investigation, except as restricted by subsections (g) and |
| 16 | | (h); |
| 17 | | (3-5) the State Board of Elections as may be required |
| 18 | | by an agreement the State Board of Elections has entered |
| 19 | | into with a multi-state voter registration list |
| 20 | | maintenance system; or |
| 21 | | (4) any entity that the Secretary has authorized, by |
| 22 | | rule. |
| 23 | | (c) Except as otherwise provided in this Section, the |
| 24 | | Secretary may release highly restricted personal information |
| 25 | | only to: |
| 26 | | (1) officers and employees of the Secretary who have a |
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| 1 | | need to access the information for the issuance of |
| 2 | | driver's licenses, permits, or identification cards and |
| 3 | | investigation of fraud or misconduct; |
| 4 | | (2) law enforcement officials for a criminal or civil |
| 5 | | law enforcement investigation, except as restricted by |
| 6 | | subsections (g) and (h); |
| 7 | | (3) the State Board of Elections for the purpose of |
| 8 | | providing the signature for completion of voter |
| 9 | | registration; or |
| 10 | | (4) any other entity the Secretary has authorized by |
| 11 | | rule. |
| 12 | | (d) Documents required to be submitted with an application |
| 13 | | for an identification card to prove the applicant's identity |
| 14 | | (name and date of birth), social security number or lack of a |
| 15 | | social security number, written signature, residency, and, as |
| 16 | | applicable, citizenship and immigration status and country of |
| 17 | | citizenship shall be confidential and shall not be disclosed |
| 18 | | except to the following persons: |
| 19 | | (1) the individual to whom the identification card was |
| 20 | | issued, upon written request; |
| 21 | | (2) officers and employees of the Secretary of State |
| 22 | | who have a need to have access to the stored images for |
| 23 | | purposes of issuing and controlling driver's licenses, |
| 24 | | permits, or identification cards and investigation of |
| 25 | | fraud or misconduct; |
| 26 | | (3) law enforcement officials for a civil or criminal |
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| 1 | | law enforcement investigation, except as restricted by |
| 2 | | subsections (g) and (h); |
| 3 | | (4) other entities that the Secretary may authorize by |
| 4 | | rule. |
| 5 | | (e) The Secretary may not disclose an individual's social |
| 6 | | security number or any associated information obtained from |
| 7 | | the Social Security Administration without the written request |
| 8 | | or consent of the individual except: (i) to officers and |
| 9 | | employees of the Secretary who have a need to know the social |
| 10 | | security number in the performance of their official duties; |
| 11 | | (ii) except as restricted by subsections (g) and (h) to law |
| 12 | | enforcement officials for a civil or criminal law enforcement |
| 13 | | investigation if an officer of the law enforcement agency has |
| 14 | | made a written request to the Secretary specifying the law |
| 15 | | enforcement investigation for which the social security number |
| 16 | | is being sought; (iii) under a lawful court order signed by a |
| 17 | | judge; (iv) to the Illinois Department of Veterans Veterans' |
| 18 | | Affairs for the purpose of confirming veteran status to |
| 19 | | agencies in other states responsible for the issuance of state |
| 20 | | identification cards for participation in State-to-State |
| 21 | | verification service; or (v) the last 4 digits to the Illinois |
| 22 | | State Board of Elections for purposes of voter registration |
| 23 | | and as may be required pursuant to an agreement for a |
| 24 | | multi-state voter registration list maintenance system. The |
| 25 | | Secretary retains the right to require additional verification |
| 26 | | regarding the validity of a request from law enforcement. If |
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| 1 | | social security information is disclosed by the Secretary in |
| 2 | | accordance with this Section, no liability shall rest with the |
| 3 | | Office of the Secretary of State or any of its officers or |
| 4 | | employees, as the information is released for official |
| 5 | | purposes only. |
| 6 | | (f) The Secretary of State shall not provide facial |
| 7 | | recognition search services or photographs obtained in the |
| 8 | | process of issuing an identification card to any federal, |
| 9 | | State, or local law enforcement agency or other governmental |
| 10 | | entity for the purpose of enforcing federal immigration laws. |
| 11 | | This subsection shall not apply to requests from federal, |
| 12 | | State, or local law enforcement agencies or other governmental |
| 13 | | entities for facial recognition search services or photographs |
| 14 | | obtained in the process of issuing a driver's license or |
| 15 | | permit when the purpose of the request relates to criminal |
| 16 | | activity other than violations of immigration laws. |
| 17 | | (g) Notwithstanding any other provision of law, the |
| 18 | | Secretary may not release highly restricted personal |
| 19 | | information or personally identifying information or disclose |
| 20 | | documents described in subsection (d) to any immigration |
| 21 | | agent, as defined in Section 10 of the Illinois TRUST Act, |
| 22 | | unless necessary to comply with the following, to the extent |
| 23 | | that production of such information or documents is |
| 24 | | specifically required: |
| 25 | | (1) a lawful court order; |
| 26 | | (2) a judicial warrant signed by a judge appointed |
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| 1 | | pursuant to Article III of the Constitution of the United |
| 2 | | States; or |
| 3 | | (3) a subpoena for individual records issued by a |
| 4 | | federal or State court. |
| 5 | | When responding to such a court order, warrant, or |
| 6 | | subpoena, the Secretary shall disclose only those documents or |
| 7 | | information specifically requested. Within 3 business days of |
| 8 | | receiving such a court order, warrant, or subpoena, the |
| 9 | | Secretary shall send a notification to the individual about |
| 10 | | whom such information was requested that a court order, |
| 11 | | warrant, or subpoena was received and the identity of the |
| 12 | | entity that presented the court order, warrant, or subpoena. |
| 13 | | (h) The Secretary shall not enter into or maintain any |
| 14 | | agreement regarding the sharing of any highly restricted |
| 15 | | personal information or personally identifying information or |
| 16 | | documents described in subsection (d) unless all other parties |
| 17 | | to such agreement certify that the information obtained will |
| 18 | | not be used for civil immigration purposes or knowingly |
| 19 | | disseminated to any third party for any purpose related to |
| 20 | | civil immigration enforcement. |
| 21 | | (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.) |
| 22 | | Section 45. The Civil Administrative Code of Illinois is |
| 23 | | amended by changing Sections 5-15, 5-20, 5-190, and 5-420 as |
| 24 | | follows: |
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| 1 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3) |
| 2 | | Sec. 5-15. Departments of State government. The |
| 3 | | Departments of State government are created as follows: |
| 4 | | The Department on Aging. |
| 5 | | The Department of Agriculture. |
| 6 | | The Department of Central Management Services. |
| 7 | | The Department of Children and Family Services. |
| 8 | | The Department of Commerce and Economic Opportunity. |
| 9 | | The Department of Corrections. |
| 10 | | The Department of Early Childhood. |
| 11 | | The Department of Employment Security. |
| 12 | | The Illinois Emergency Management Agency. |
| 13 | | The Department of Financial and Professional Regulation. |
| 14 | | The Department of Healthcare and Family Services. |
| 15 | | The Department of Human Rights. |
| 16 | | The Department of Human Services. |
| 17 | | The Department of Innovation and Technology. |
| 18 | | The Department of Insurance. |
| 19 | | The Department of Juvenile Justice. |
| 20 | | The Department of Labor. |
| 21 | | The Department of the Lottery. |
| 22 | | The Department of Natural Resources. |
| 23 | | The Department of Public Health. |
| 24 | | The Department of Revenue. |
| 25 | | The Illinois State Police. |
| 26 | | The Department of Transportation. |
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| 1 | | The Department of Veterans Veterans' Affairs. |
| 2 | | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) |
| 3 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4) |
| 4 | | Sec. 5-20. Heads of departments. Each department shall |
| 5 | | have an officer as its head who shall be known as director or |
| 6 | | secretary and who shall, subject to the provisions of the |
| 7 | | Civil Administrative Code of Illinois, execute the powers and |
| 8 | | discharge the duties vested by law in his or her respective |
| 9 | | department. |
| 10 | | The following officers are hereby created: |
| 11 | | Director of Aging, for the Department on Aging. |
| 12 | | Director of Agriculture, for the Department of |
| 13 | | Agriculture. |
| 14 | | Director of Central Management Services, for the |
| 15 | | Department of Central Management Services. |
| 16 | | Director of Children and Family Services, for the |
| 17 | | Department of Children and Family Services. |
| 18 | | Director of Commerce and Economic Opportunity, for the |
| 19 | | Department of Commerce and Economic Opportunity. |
| 20 | | Director of Corrections, for the Department of |
| 21 | | Corrections. |
| 22 | | Director of the Illinois Emergency Management Agency, for |
| 23 | | the Illinois Emergency Management Agency. |
| 24 | | Secretary of Early Childhood, for the Department of Early |
| 25 | | Childhood. |
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| 1 | | Director of Employment Security, for the Department of |
| 2 | | Employment Security. |
| 3 | | Secretary of Financial and Professional Regulation, for |
| 4 | | the Department of Financial and Professional Regulation. |
| 5 | | Director of Healthcare and Family Services, for the |
| 6 | | Department of Healthcare and Family Services. |
| 7 | | Director of Human Rights, for the Department of Human |
| 8 | | Rights. |
| 9 | | Secretary of Human Services, for the Department of Human |
| 10 | | Services. |
| 11 | | Secretary of Innovation and Technology, for the Department |
| 12 | | of Innovation and Technology. |
| 13 | | Director of Insurance, for the Department of Insurance. |
| 14 | | Director of Juvenile Justice, for the Department of |
| 15 | | Juvenile Justice. |
| 16 | | Director of Labor, for the Department of Labor. |
| 17 | | Director of the Lottery, for the Department of the |
| 18 | | Lottery. |
| 19 | | Director of Natural Resources, for the Department of |
| 20 | | Natural Resources. |
| 21 | | Director of Public Health, for the Department of Public |
| 22 | | Health. |
| 23 | | Director of Revenue, for the Department of Revenue. |
| 24 | | Director of the Illinois State Police, for the Illinois |
| 25 | | State Police. |
| 26 | | Secretary of Transportation, for the Department of |
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| 1 | | Transportation. |
| 2 | | Director of Veterans Veterans' Affairs, for the Department |
| 3 | | of Veterans Veterans' Affairs. |
| 4 | | (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) |
| 5 | | (20 ILCS 5/5-190) (was 20 ILCS 5/5.01a) |
| 6 | | Sec. 5-190. In the Department of Veterans Veterans' |
| 7 | | Affairs. Assistant Director of Veterans Veterans' Affairs. |
| 8 | | (Source: P.A. 91-239, eff. 1-1-00.) |
| 9 | | (20 ILCS 5/5-420) (was 20 ILCS 5/9.22) |
| 10 | | Sec. 5-420. In the Department of Veterans Veterans' |
| 11 | | Affairs. For terms beginning on or after January 16, 2023, the |
| 12 | | Director of Veterans Veterans' Affairs shall receive an annual |
| 13 | | salary of $200,000 or as set by the Governor, whichever is |
| 14 | | higher. On July 1, 2023, and on each July 1 thereafter, the |
| 15 | | Director shall receive an increase in salary based on a cost of |
| 16 | | living adjustment as authorized by Senate Joint Resolution 192 |
| 17 | | of the 86th General Assembly. |
| 18 | | For terms beginning on or after January 16, 2023, the |
| 19 | | Assistant Director of Veterans Veterans' Affairs shall receive |
| 20 | | an annual salary of $170,000 or as set by the Governor, |
| 21 | | whichever is higher. On July 1, 2023, and on each July 1 |
| 22 | | thereafter, the Assistant Director shall receive an increase |
| 23 | | in salary based on a cost of living adjustment as authorized by |
| 24 | | Senate Joint Resolution 192 of the 86th General Assembly. |
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| 1 | | (Source: P.A. 102-1115, eff. 1-9-23.) |
| 2 | | Section 50. The Illinois Act on the Aging is amended by |
| 3 | | changing Sections 4.04a and 8.10 as follows: |
| 4 | | (20 ILCS 105/4.04a) |
| 5 | | Sec. 4.04a. Illinois Long-Term Care Council. |
| 6 | | (a) Purpose. The purpose of this Section is to ensure that |
| 7 | | consumers over the age of 60 residing in facilities licensed |
| 8 | | or regulated under the Nursing Home Care Act, Skilled Nursing |
| 9 | | and Intermediate Care Facilities Code, Sheltered Care |
| 10 | | Facilities Code, and the Illinois Veterans' Homes Code receive |
| 11 | | high quality long-term care through an effective Illinois |
| 12 | | Long-Term Care Council. |
| 13 | | (b) Maintenance and operation of the Illinois Long-Term |
| 14 | | Care Council. |
| 15 | | (1) The Department shall develop a fair and impartial |
| 16 | | process for recruiting and receiving nominations for |
| 17 | | members for the Illinois Long-Term Care Council from the |
| 18 | | State Long-Term Care Ombudsman, the area agencies on |
| 19 | | aging, regional ombudsman programs, provider agencies, and |
| 20 | | other public agencies, using a nomination form provided by |
| 21 | | the Department. |
| 22 | | (2) The Department shall appoint members to the |
| 23 | | Illinois Long-Term Care Council in a timely manner. |
| 24 | | (3) The Department shall consider and act in good |
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| 1 | | faith regarding the Illinois Long-Term Care Council's |
| 2 | | annual report and its recommendations. |
| 3 | | (4) The Director shall appoint to the Illinois |
| 4 | | Long-Term Care Council at least 18 but not more than 25 |
| 5 | | members. |
| 6 | | (c) Responsibilities of the State Long-Term Care |
| 7 | | Ombudsman, area agencies on aging, regional long-term care |
| 8 | | ombudsman programs, and provider agencies. The State Long-Term |
| 9 | | Care Ombudsman and each area agency on aging, regional |
| 10 | | long-term care ombudsman program, and provider agency shall |
| 11 | | solicit names and recommend members to the Department for |
| 12 | | appointment to the Illinois Long-Term Care Council. |
| 13 | | (d) Powers and duties. The Illinois Long-Term Care Council |
| 14 | | shall do the following: |
| 15 | | (1) Make recommendations and comment on issues |
| 16 | | pertaining to long-term care and the State Long-Term Care |
| 17 | | Ombudsman Program to the Department. |
| 18 | | (2) Advise the Department on matters pertaining to the |
| 19 | | quality of life and quality of care in the continuum of |
| 20 | | long-term care. |
| 21 | | (3) Evaluate, comment on reports regarding, and make |
| 22 | | recommendations on, the quality of life and quality of |
| 23 | | care in long-term care facilities and on the duties and |
| 24 | | responsibilities of the State Long-Term Care Ombudsman |
| 25 | | Program. |
| 26 | | (4) Prepare and circulate an annual report to the |
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| 1 | | Governor, the General Assembly, and other interested |
| 2 | | parties concerning the duties and accomplishments of the |
| 3 | | Illinois Long-Term Care Council and all other related |
| 4 | | matters pertaining to long-term care and the protection of |
| 5 | | residents' rights. |
| 6 | | (5) Provide an opportunity for public input at each |
| 7 | | scheduled meeting. |
| 8 | | (6) Make recommendations to the Director, upon his or |
| 9 | | her request, as to individuals who are capable of serving |
| 10 | | as the State Long-Term Care Ombudsman and who should make |
| 11 | | appropriate application for that position should it become |
| 12 | | vacant. |
| 13 | | (e) Composition and operation. The Illinois Long-Term Care |
| 14 | | Council shall be composed of at least 18 but not more than 25 |
| 15 | | members concerned about the quality of life in long-term care |
| 16 | | facilities and protecting the rights of residents, including |
| 17 | | members from long-term care facilities. The State Long-Term |
| 18 | | Care Ombudsman shall be a permanent member of the Long-Term |
| 19 | | Care Council. Members shall be appointed for a 4-year term |
| 20 | | with initial appointments staggered with 2-year, 3-year, and |
| 21 | | 4-year terms. A lottery will determine the terms of office for |
| 22 | | the members of the first term. Members may be reappointed to a |
| 23 | | term but no member may be reappointed to more than 2 |
| 24 | | consecutive terms. The Illinois Long-Term Care Council shall |
| 25 | | meet a minimum of 3 times per calendar year. |
| 26 | | (f) Member requirements. All members shall be individuals |
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| 1 | | who have demonstrated concern about the quality of life in |
| 2 | | long-term care facilities. A minimum of 3 members must be |
| 3 | | current or former residents of long-term care facilities or |
| 4 | | the family member of a current or former resident of a |
| 5 | | long-term care facility. A minimum of 2 members shall |
| 6 | | represent current or former long-term care facility resident |
| 7 | | councils or family councils. A minimum of 4 members shall be |
| 8 | | selected from recommendations by organizations whose members |
| 9 | | consist of long-term care facilities. A representative of |
| 10 | | long-term care facility employees must also be included as a |
| 11 | | member. A minimum of 2 members shall be selected from |
| 12 | | recommendations of membership-based senior advocacy groups or |
| 13 | | consumer organizations that engage solely in legal |
| 14 | | representation on behalf of residents and immediate families. |
| 15 | | There shall be non-voting State agency members on the |
| 16 | | Long-Term Care Council from the following agencies: (i) the |
| 17 | | Department of Veterans Veterans' Affairs; (ii) the Department |
| 18 | | of Human Services; (iii) the Department of Public Health; (iv) |
| 19 | | the Department on Aging; (v) the Department of Healthcare and |
| 20 | | Family Services; (vi) the Office of the Attorney General |
| 21 | | Medicaid Fraud Control Unit; and (vii) others as appropriate. |
| 22 | | (Source: P.A. 103-145, eff. 10-1-23.) |
| 23 | | (20 ILCS 105/8.10) |
| 24 | | (Section scheduled to be repealed on May 16, 2026) |
| 25 | | Sec. 8.10. The Illinois Commission on LGBTQ Aging. |
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| 1 | | (a) Commission purpose. The Commission is created to |
| 2 | | investigate, analyze, and study the health, housing, |
| 3 | | financial, psychosocial, home-and-community-based services, |
| 4 | | assisted living, and long-term care needs of LGBTQ older |
| 5 | | adults and their caregivers. The Commission shall make |
| 6 | | recommendations to improve access to benefits, services, and |
| 7 | | supports for LGBTQ older adults and their caregivers. The |
| 8 | | Commission, in formulating its recommendations, shall take |
| 9 | | into account the best policies and practices in other states |
| 10 | | and jurisdictions. Specifically, the Commission shall: |
| 11 | | (1) Examine the impact of State and local laws, |
| 12 | | policies, and regulations on LGBTQ older adults and make |
| 13 | | recommendations to ensure equitable access, treatment, |
| 14 | | care and benefits, and overall quality of life. |
| 15 | | (2) Examine best practices for increasing access, |
| 16 | | reducing isolation, preventing abuse and exploitation, |
| 17 | | promoting independence and self-determination, |
| 18 | | strengthening caregiving, eliminating disparities, and |
| 19 | | improving overall quality of life for LGBTQ older adults. |
| 20 | | (3) Examine the impact of race, ethnicity, sex |
| 21 | | assigned at birth, socioeconomic status, disability, |
| 22 | | sexual orientation, gender identity, and other |
| 23 | | characteristics on access to services for LGBTQ older |
| 24 | | adults and make recommendations to ensure equitable |
| 25 | | access, treatment, care, and benefits and overall quality |
| 26 | | of life. |
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| 1 | | (4) Examine the experiences and needs of LGBTQ older |
| 2 | | adults living with HIV/AIDS and make recommendations to |
| 3 | | ensure equitable access, treatment, care, benefits, and |
| 4 | | overall quality of life. |
| 5 | | (5) Examine strategies to increase provider awareness |
| 6 | | of the needs of LGBTQ older adults and their caregivers |
| 7 | | and to improve the competence of and access to treatment, |
| 8 | | services, and ongoing care, including preventive care. |
| 9 | | (6) Examine the feasibility of developing statewide |
| 10 | | training curricula to improve provider competency in the |
| 11 | | delivery of culturally responsive health, housing, and |
| 12 | | long-term support services to LGBTQ older adults and their |
| 13 | | caregivers. |
| 14 | | (7) Assess the funding and programming needed to |
| 15 | | enhance services to the growing population of LGBTQ older |
| 16 | | adults. |
| 17 | | (8) Examine whether certain policies and practices, or |
| 18 | | the absence thereof, promote the premature admission of |
| 19 | | LGBTQ older adults to institutional care, and examine |
| 20 | | whether potential cost-savings exist for LGBTQ older |
| 21 | | adults as a result of providing lower cost and culturally |
| 22 | | responsive home and community-based alternatives to |
| 23 | | institutional care. |
| 24 | | (9) Examine outreach protocols to reduce apprehension |
| 25 | | among LGBTQ older adults and caregivers of utilizing |
| 26 | | mainstream providers. |
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| 1 | | (10) Evaluate the implementation status of Public Act |
| 2 | | 101-325. |
| 3 | | (11) Evaluate the implementation status of Public Act |
| 4 | | 102-543, examine statewide strategies for the collection |
| 5 | | of sexual orientation and gender identity data and the |
| 6 | | impact of these strategies on the provision of services to |
| 7 | | LGBTQ older adults, and conduct a statewide survey |
| 8 | | designed to approximate the number of LGBTQ older adults |
| 9 | | in the State and collect demographic information (if |
| 10 | | resources allow for the implementation of a survey |
| 11 | | instrument). |
| 12 | | (b) Commission members. |
| 13 | | (1) The Commission shall include at least all of the |
| 14 | | following persons who must be appointed by the Governor |
| 15 | | within 60 days after the effective date of this amendatory |
| 16 | | Act of the 102nd General Assembly: |
| 17 | | (A) one member from a statewide organization that |
| 18 | | advocates for older adults; |
| 19 | | (B) one member from a national organization that |
| 20 | | advocates for LGBTQ older adults; |
| 21 | | (C) one member from a community-based, multi-site |
| 22 | | healthcare organization founded to serve LGBTQ people; |
| 23 | | (D) the director of senior services from a |
| 24 | | community center serving LGBTQ people, or the |
| 25 | | director's designee; |
| 26 | | (E) one member from an HIV/AIDS service |
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| 1 | | organization; |
| 2 | | (F) one member from an organization that is a |
| 3 | | project incubator and think tank that is focused on |
| 4 | | action that leads to improved outcomes and |
| 5 | | opportunities for LGBTQ communities; |
| 6 | | (G) one member from a labor organization that |
| 7 | | provides care and services for older adults in |
| 8 | | long-term care facilities; |
| 9 | | (H) one member from a statewide association |
| 10 | | representing long-term care facilities; |
| 11 | | (I) 5 members from organizations that serve Black, |
| 12 | | Asian-American, Pacific Islander, Indigenous, or |
| 13 | | Latinx LGBTQ people; |
| 14 | | (J) one member from a statewide organization for |
| 15 | | people with disabilities; and |
| 16 | | (K) 10 LGBTQ older adults, including at least: |
| 17 | | (i) 3 members who are transgender or |
| 18 | | gender-expansive individuals; |
| 19 | | (ii) 2 members who are older adults living |
| 20 | | with HIV; |
| 21 | | (iii) one member who is Two-Spirit; |
| 22 | | (iv) one member who is an African-American or |
| 23 | | Black individual; |
| 24 | | (v) one member who is a Latinx individual; |
| 25 | | (vi) one member who is an Asian-American or |
| 26 | | Pacific Islander individual; and |
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| 1 | | (vii) one member who is an ethnically diverse |
| 2 | | individual. |
| 3 | | (2) The following State agencies shall each designate |
| 4 | | one representative to serve as an ex officio member of the |
| 5 | | Commission: the Department, the Department of Public |
| 6 | | Health, the Department of Human Services, the Department |
| 7 | | of Healthcare and Family Services, and the Department of |
| 8 | | Veterans Veterans' Affairs. |
| 9 | | (3) Appointing authorities shall ensure, to the |
| 10 | | maximum extent practicable, that the Commission is diverse |
| 11 | | with respect to race, ethnicity, age, sexual orientation, |
| 12 | | gender identity, gender expression, and geography. |
| 13 | | (4) Members of the Commission shall serve until this |
| 14 | | Section is repealed. Members shall continue to serve until |
| 15 | | their successors are appointed. Any vacancy shall be |
| 16 | | filled by the appointing authority. Any vacancy occurring |
| 17 | | other than by the dissolution of the Commission shall be |
| 18 | | filled for the balance of the unexpired term. Members of |
| 19 | | the Commission shall serve without compensation but shall |
| 20 | | be reimbursed for expenses necessarily incurred in the |
| 21 | | performance of their duties. |
| 22 | | (c) Commission organization. The Commission shall provide |
| 23 | | for its organization and procedure, including selection of the |
| 24 | | chairperson and vice-chairperson. A majority of the Commission |
| 25 | | shall constitute a quorum for the transaction of business. |
| 26 | | Administrative and other support for the Commission shall be |
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| 1 | | provided by the Department. Any State agency under the |
| 2 | | jurisdiction of the Governor shall provide testimony and |
| 3 | | information as directed by the Commission. |
| 4 | | (d) Meetings and reports. The Commission shall: |
| 5 | | (1) Hold at least one public meeting per quarter. |
| 6 | | Public meetings may be virtually conducted. |
| 7 | | (2) Prepare and submit an annual report to the |
| 8 | | Governor, the Illinois General Assembly, the Director, and |
| 9 | | the Illinois Council on Aging that details the progress |
| 10 | | made toward achieving the Commission's stated objectives |
| 11 | | and that contains findings and recommendations, including |
| 12 | | any recommended legislation. The annual report shall be |
| 13 | | made available to the public on the Department's publicly |
| 14 | | accessible website. |
| 15 | | (3) Submit, by no later than March 30, 2026, a final |
| 16 | | report in the same manner as an annual report, detailing |
| 17 | | the work the Commission has done since its inception and |
| 18 | | providing the findings and recommendations, including any |
| 19 | | recommended legislation. The final report shall be made |
| 20 | | available to the public on the Department's publicly |
| 21 | | accessible website. |
| 22 | | The Department and Commission may collaborate with an |
| 23 | | institution of higher education in Illinois to compile the |
| 24 | | reports required under this Section. |
| 25 | | (e) This Section is repealed May 16, 2026. |
| 26 | | (Source: P.A. 102-885, eff. 5-16-22; 103-1059, eff. 12-20-24.) |
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| 1 | | Section 65. The Department of Natural Resources |
| 2 | | (Conservation) Law of the Civil Administrative Code of |
| 3 | | Illinois is amended by changing Section 805-305 as follows: |
| 4 | | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
| 5 | | Sec. 805-305. Campsites and housing facilities. |
| 6 | | (a) The Department has the power to provide facilities for |
| 7 | | overnight tent and trailer campsites and to provide suitable |
| 8 | | housing facilities for student and juvenile overnight camping |
| 9 | | groups. The Department of Natural Resources may regulate, by |
| 10 | | administrative order, the fees to be charged for tent and |
| 11 | | trailer camping units at individual park areas based upon the |
| 12 | | facilities available. |
| 13 | | (b) However, for campsites with access to showers or |
| 14 | | electricity, any Illinois resident who is age 62 or older or |
| 15 | | has a Class 2 disability as defined in Section 4A of the |
| 16 | | Illinois Identification Card Act shall be charged only |
| 17 | | one-half of the camping fee charged to the general public |
| 18 | | during the period Monday through Thursday of any week and |
| 19 | | shall be charged the same camping fee as the general public on |
| 20 | | all other days. For campsites without access to showers or |
| 21 | | electricity, no camping fee authorized by this Section shall |
| 22 | | be charged to any resident of Illinois who has a Class 2 |
| 23 | | disability as defined in Section 4A of the Illinois |
| 24 | | Identification Card Act. For campsites without access to |
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| 1 | | showers or electricity, no camping fee authorized by this |
| 2 | | Section shall be charged to any resident of Illinois who is age |
| 3 | | 62 or older for the use of a campsite unit during the period |
| 4 | | Monday through Thursday of any week. No camping fee authorized |
| 5 | | by this Section shall be charged to any resident of Illinois |
| 6 | | who is a veteran with a disability or a former prisoner of war, |
| 7 | | as defined in Section 5 of the Department of Veterans |
| 8 | | Veterans' Affairs Act. No camping fee authorized by this |
| 9 | | Section shall be charged to any resident of Illinois after |
| 10 | | returning from service abroad or mobilization by the President |
| 11 | | of the United States as an active duty member of the United |
| 12 | | States Armed Forces, the Illinois National Guard, or the |
| 13 | | Reserves of the United States Armed Forces for the amount of |
| 14 | | time that the active duty member spent in service abroad or |
| 15 | | mobilized if the person applies for a pass with the Department |
| 16 | | within 2 years after returning and provides acceptable |
| 17 | | verification of service or mobilization to the Department. Any |
| 18 | | portion of a year that the active duty member spent in service |
| 19 | | abroad or mobilized shall count as a full year. The procedure |
| 20 | | by which a person may provide to the Department verification |
| 21 | | of service abroad or mobilization by the President of the |
| 22 | | United States shall be set by administrative rule. |
| 23 | | Nonresidents shall be charged the same fees as are authorized |
| 24 | | for the general public regardless of age. The Department shall |
| 25 | | provide by regulation for suitable proof of age, or either a |
| 26 | | valid driver's license or a "Golden Age Passport" issued by |
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| 1 | | the federal government shall be acceptable as proof of age. |
| 2 | | The Department shall further provide by regulation that notice |
| 3 | | of these reduced admission fees be posted in a conspicuous |
| 4 | | place and manner. |
| 5 | | Reduced fees authorized in this Section shall not apply to |
| 6 | | any charge for utility service. |
| 7 | | For the purposes of this Section, "acceptable verification |
| 8 | | of service or mobilization" means official documentation from |
| 9 | | the Department of Defense or the appropriate Major Command |
| 10 | | showing mobilization dates or service abroad dates, including: |
| 11 | | (i) a DD-214, (ii) a letter from the Illinois Department of |
| 12 | | Military Affairs for members of the Illinois National Guard, |
| 13 | | (iii) a letter from the Regional Reserve Command for members |
| 14 | | of the Armed Forces Reserve, (iv) a letter from the Major |
| 15 | | Command covering Illinois for active duty members, (v) |
| 16 | | personnel records for mobilized State employees, and (vi) any |
| 17 | | other documentation that the Department, by administrative |
| 18 | | rule, deems acceptable to establish dates of mobilization or |
| 19 | | service abroad. |
| 20 | | For the purposes of this Section, the term "service |
| 21 | | abroad" means active duty service outside of the 50 United |
| 22 | | States and the District of Columbia, and includes all active |
| 23 | | duty service in territories and possessions of the United |
| 24 | | States. |
| 25 | | (c) To promote State campground use and Illinois State |
| 26 | | Fair attendance, the Department shall waive the camping fees |
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| 1 | | for up to 2 nights of camping at Jim Edgar Panther Creek State |
| 2 | | Fish and Wildlife Area, Sangchris Lake State Park, or |
| 3 | | Lincoln's New Salem State Historic Site during the period from |
| 4 | | August 11, 2024 to August 15, 2024 for a camper who: |
| 5 | | (1) is 18 years of age or older; |
| 6 | | (2) provides proof of having purchased, between June |
| 7 | | 26, 2024 and July 3, 2024, a season admission ticket |
| 8 | | booklet from the Department of Agriculture for entry into |
| 9 | | the 2024 Illinois State Fair in Springfield; and |
| 10 | | (3) requests the camping fee waiver in person at the |
| 11 | | time of permit issuance at the State campground. |
| 12 | | The waivers under this subsection (c) shall be granted on |
| 13 | | a first-come, first-served basis for a maximum of 40 sites at |
| 14 | | each of the 3 identified State campgrounds. Fees for utility |
| 15 | | service are not subject to waiver. Waivers under this |
| 16 | | subsection (c) are limited to one per camper. |
| 17 | | (Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.) |
| 18 | | Section 70. The Department of Human Services Act is |
| 19 | | amended by changing Section 1-80 as follows: |
| 20 | | (20 ILCS 1305/1-80) |
| 21 | | Sec. 1-80. Homeless services and supportive housing; |
| 22 | | veterans data. The Department's Bureau of Homeless Services |
| 23 | | and Supportive Housing within the Office of Family Support |
| 24 | | Services shall annually review and collect data on the number |
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| 1 | | of military veterans receiving services or benefits under the |
| 2 | | Emergency and Transitional Housing Program, the Emergency Food |
| 3 | | Program, the Homeless Prevention Program, the Supporting |
| 4 | | Housing Program, and the Prince Home at Manteno administered |
| 5 | | by the Department of Veterans Veterans' Affairs. The Bureau |
| 6 | | may request and receive the cooperation of the Department of |
| 7 | | Veterans Veterans' Affairs and any other State agency that is |
| 8 | | relevant to the collection of the data required under this |
| 9 | | Section. The Bureau shall annually submit to the General |
| 10 | | Assembly a written report that details the number of military |
| 11 | | veterans served under each program no later than December 31, |
| 12 | | 2023 and every December 31 thereafter. |
| 13 | | (Source: P.A. 102-961, eff. 1-1-23; 103-154, eff. 6-30-23.) |
| 14 | | Section 75. The Illinois Lottery Law is amended by |
| 15 | | changing Section 21.6 as follows: |
| 16 | | (20 ILCS 1605/21.6) |
| 17 | | Sec. 21.6. Scratch-off for Illinois veterans. |
| 18 | | (a) The Department shall offer a special instant |
| 19 | | scratch-off game for the benefit of Illinois veterans. The |
| 20 | | game shall commence on January 1, 2006 or as soon thereafter, |
| 21 | | at the discretion of the Director, as is reasonably practical. |
| 22 | | The operation of the game shall be governed by this Act and any |
| 23 | | rules adopted by the Department. |
| 24 | | (b) The Illinois Veterans Assistance Fund is created as a |
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| 1 | | special fund in the State treasury. The net revenue from the |
| 2 | | Illinois veterans scratch-off game shall be deposited into the |
| 3 | | Fund for appropriation by the General Assembly solely to the |
| 4 | | Department of Veterans Veterans' Affairs for making grants, |
| 5 | | funding additional services, or conducting additional research |
| 6 | | projects relating to each of the following: |
| 7 | | (i) veterans' behavioral health services; |
| 8 | | (ii) veterans' homelessness; |
| 9 | | (iii) the health insurance costs of veterans; |
| 10 | | (iv) veterans' disability benefits, including but not |
| 11 | | limited to, disability benefits provided by veterans |
| 12 | | service organizations and veterans assistance commissions |
| 13 | | or centers; |
| 14 | | (v) the long-term care of veterans; provided that, |
| 15 | | beginning with moneys appropriated for fiscal year 2008, |
| 16 | | no more than 20% of such moneys shall be used for health |
| 17 | | insurance costs; |
| 18 | | (vi) veteran employment and employment training; and |
| 19 | | (vii) veterans' emergency financial assistance, |
| 20 | | including, but not limited to, past due utilities, |
| 21 | | housing, and transportation costs. |
| 22 | | In order to expend moneys from this special fund, |
| 23 | | beginning with moneys appropriated for fiscal year 2008, the |
| 24 | | Director of Veterans Veterans' Affairs shall appoint a |
| 25 | | 3-member funding authorization committee. The Director shall |
| 26 | | designate one of the members as chairperson. The committee |
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| 1 | | shall meet on a quarterly basis, at a minimum, and shall |
| 2 | | authorize expenditure of moneys from the special fund by a |
| 3 | | two-thirds vote. Decisions of the committee shall not take |
| 4 | | effect unless and until approved by the Director of Veterans |
| 5 | | Veterans' Affairs. Each member of the committee shall serve |
| 6 | | until a replacement is named by the Director of Veterans |
| 7 | | Veterans' Affairs. One member of the committee shall be a |
| 8 | | member of the Veterans' Advisory Council. |
| 9 | | Moneys collected from the special instant scratch-off game |
| 10 | | shall be used only as a supplemental financial resource and |
| 11 | | shall not supplant existing moneys that the Department of |
| 12 | | Veterans Veterans' Affairs may currently expend for the |
| 13 | | purposes set forth in items (i) through (v). |
| 14 | | Moneys received for the purposes of this Section, |
| 15 | | including, without limitation, net revenue from the special |
| 16 | | instant scratch-off game and from gifts, grants, and awards |
| 17 | | from any public or private entity, must be deposited into the |
| 18 | | Fund. Any interest earned on moneys in the Fund must be |
| 19 | | deposited into the Fund. |
| 20 | | As used in this subsection, "net revenue" means the total |
| 21 | | amount for which tickets have been sold less the sum of the |
| 22 | | amount paid out in the prizes and to retailers, and direct and |
| 23 | | estimated administrative expenses of the Department solely |
| 24 | | related to the scratch-off game under this Section. |
| 25 | | (c) During the time that tickets are sold for the Illinois |
| 26 | | veterans scratch-off game, the Department shall not |
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| 1 | | unreasonably diminish the efforts devoted to marketing any |
| 2 | | other instant scratch-off lottery game. |
| 3 | | (d) The Department may adopt any rules necessary to |
| 4 | | implement and administer the provisions of this Section. |
| 5 | | (Source: P.A. 102-948, eff. 1-1-23; 103-381, eff. 7-28-23.) |
| 6 | | Section 80. The Department of Public Health Powers and |
| 7 | | Duties Law of the Civil Administrative Code of Illinois is |
| 8 | | amended by changing Section 2310-376 as follows: |
| 9 | | (20 ILCS 2310/2310-376) |
| 10 | | Sec. 2310-376. Hepatitis education and outreach. |
| 11 | | (a) The Illinois General Assembly finds and declares the |
| 12 | | following: |
| 13 | | (1) The World Health Organization characterizes |
| 14 | | hepatitis as a disease of primary concern to humanity. |
| 15 | | (2) Hepatitis is considered a silent killer; no |
| 16 | | recognizable signs or symptoms occur until severe liver |
| 17 | | damage has occurred. |
| 18 | | (3) Studies indicate that nearly 4 million Americans |
| 19 | | (1.8 percent of the population) carry the virus HCV that |
| 20 | | causes the disease. |
| 21 | | (4) 30,000 acute new infections occur each year in the |
| 22 | | United States, and only 25 to 30 percent are diagnosed. |
| 23 | | (5) 8,000 to 10,000 Americans die from the disease |
| 24 | | each year. |
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| 1 | | (6) 200,000 Illinois residents may be carriers and |
| 2 | | could develop the debilitating and potentially deadly |
| 3 | | liver disease. |
| 4 | | (7) Inmates of correctional facilities have a higher |
| 5 | | incidence of hepatitis and, upon their release, present a |
| 6 | | significant health risk to the general population. |
| 7 | | (8) Illinois members of the armed services are subject |
| 8 | | to an increased risk of contracting hepatitis due to their |
| 9 | | possible receipt of contaminated blood during a |
| 10 | | transfusion occurring for the treatment of wounds and due |
| 11 | | to their service in areas of the World where the disease is |
| 12 | | more prevalent and healthcare is less capable of detecting |
| 13 | | and treating the disease. Many of these service members |
| 14 | | are unaware of the danger of hepatitis and their increased |
| 15 | | risk of contracting the disease. |
| 16 | | (b) Subject to appropriation, the Department shall conduct |
| 17 | | an education and outreach campaign, in addition to its overall |
| 18 | | effort to prevent infectious disease in Illinois, in order to |
| 19 | | raise awareness about and promote prevention of hepatitis. |
| 20 | | (c) Subject to appropriation, in addition to the education |
| 21 | | and outreach campaign provided in subsection (b), the |
| 22 | | Department shall develop and make available to physicians, |
| 23 | | other health care providers, members of the armed services, |
| 24 | | and other persons subject to an increased risk of contracting |
| 25 | | hepatitis, educational materials, in written and electronic |
| 26 | | forms, on the diagnosis, treatment, and prevention of the |
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| 1 | | disease. These materials shall include the recommendations of |
| 2 | | the federal Centers for Disease Control and Prevention and any |
| 3 | | other persons or entities determined by the Department to have |
| 4 | | particular expertise on hepatitis, including the American |
| 5 | | Liver Foundation. These materials shall be written in terms |
| 6 | | that are understandable by members of the general public. |
| 7 | | (d) The Department shall establish an Advisory Council on |
| 8 | | Hepatitis to develop a hepatitis prevention plan. The |
| 9 | | Department shall specify the membership, members' terms, |
| 10 | | provisions for removal of members, chairmen, and purpose of |
| 11 | | the Advisory Council. The Advisory Council shall consist of |
| 12 | | one representative from each of the following State agencies |
| 13 | | or offices, appointed by the head of each agency or office: |
| 14 | | (1) The Department of Public Health. |
| 15 | | (2) The Department of Public Aid. |
| 16 | | (3) The Department of Corrections. |
| 17 | | (4) The Department of Veterans Veterans' Affairs. |
| 18 | | (5) The Department on Aging. |
| 19 | | (6) The Department of Human Services. |
| 20 | | (7) The Illinois State Police. |
| 21 | | (8) The office of the State Fire Marshal. |
| 22 | | The Director shall appoint representatives of |
| 23 | | organizations and advocates in the State of Illinois, |
| 24 | | including, but not limited to, the American Liver Foundation. |
| 25 | | The Director shall also appoint interested members of the |
| 26 | | public, including consumers and providers of health services |
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| 1 | | and representatives of local public health agencies, to |
| 2 | | provide recommendations and information to the members of the |
| 3 | | Advisory Council. Members of the Advisory Council shall serve |
| 4 | | on a voluntary, unpaid basis and are not entitled to |
| 5 | | reimbursement for mileage or other costs they incur in |
| 6 | | connection with performing their duties. |
| 7 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 8 | | Section 85. The Department of Veterans' Affairs Act is |
| 9 | | amended by changing the title of the Act and Sections 0.01, 1, |
| 10 | | 1.5, 2.01c, 2.04, 2.10, 5, 15, 37, and 39 as follows: |
| 11 | | (20 ILCS 2805/Act title) |
| 12 | | An Act creating the Illinois Department of Veterans |
| 13 | | Affairs (formerly the Illinois Department of Veterans' |
| 14 | | Affairs). |
| 15 | | (20 ILCS 2805/0.01) (from Ch. 126 1/2, par. 65.9) |
| 16 | | Sec. 0.01. Short title. This Act may be cited as the |
| 17 | | Department of Veterans Affairs Act (formerly the Department of |
| 18 | | Veterans' Affairs Act). |
| 19 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 20 | | (20 ILCS 2805/1) (from Ch. 126 1/2, par. 66) |
| 21 | | Sec. 1. There is created the Illinois Department of |
| 22 | | Veterans Affairs (formerly the Illinois Department of |
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| 1 | | Veterans' Affairs). The Department is the successor agency to |
| 2 | | the Illinois Veterans' Commission. |
| 3 | | (Source: P.A. 89-324, eff. 8-13-95.) |
| 4 | | (20 ILCS 2805/1.5) |
| 5 | | Sec. 1.5. Definitions. In this Act: |
| 6 | | "Department" means the Illinois Department of Veterans |
| 7 | | Veterans' Affairs. |
| 8 | | "Veterans Home", unless the context indicates otherwise, |
| 9 | | means any or all of the Illinois Veterans Homes operated and |
| 10 | | maintained by the Department. "Veterans Home" includes a |
| 11 | | facility operated and maintained by the Department in the City |
| 12 | | of Quincy that provides housing to residents of the Veterans |
| 13 | | Home at Quincy. |
| 14 | | (Source: P.A. 100-608, eff. 1-1-19.) |
| 15 | | (20 ILCS 2805/2.01c) |
| 16 | | Sec. 2.01c. Veterans Home; notice of infectious disease. |
| 17 | | (a) As used in this Section, "infectious disease" means |
| 18 | | any disease caused by a living organism or other pathogen, |
| 19 | | including a fungus, bacteria, parasite, protozoan, prion, or |
| 20 | | virus, that has a history of or potential for a significant |
| 21 | | mortality rate among elderly or vulnerable populations, |
| 22 | | including, but not limited to, strains of influenza, |
| 23 | | Legionnaires' disease, and pneumonia. |
| 24 | | (b) If a Veterans Home administrator or a member of the |
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| 1 | | administrative staff is notified that, within one month or |
| 2 | | less, 2 or more persons residing within the Veterans Home are |
| 3 | | diagnosed with an infectious disease by a physician licensed |
| 4 | | to practice medicine in all its branches; a hospital licensed |
| 5 | | under the Hospital Licensing Act or organized under the |
| 6 | | University of Illinois Hospital Act; a long-term care facility |
| 7 | | licensed under the Nursing Home Care Act; a freestanding |
| 8 | | emergency center licensed under the Emergency Medical Services |
| 9 | | (EMS) Systems Act; a local health department; or any other |
| 10 | | State agency or government entity, then, within 24 hours after |
| 11 | | the facility is notified of the second diagnosis, the Veterans |
| 12 | | Home must: |
| 13 | | (1) provide a written notification of the incidence of |
| 14 | | the infectious disease to each resident of the facility |
| 15 | | and the resident's emergency contact or next of kin; |
| 16 | | (2) post a notification of the incidence of the |
| 17 | | infectious disease in a conspicuous place near the main |
| 18 | | entrance to the Veterans Home; and |
| 19 | | (3) provide a written notification to the Department |
| 20 | | of Veterans Veterans' Affairs and the Department of Public |
| 21 | | Health of the incidence of the infectious disease and of |
| 22 | | compliance with the written notification requirements of |
| 23 | | paragraph (1). |
| 24 | | In addition to the initial written notifications, the Veterans |
| 25 | | Home must provide written notifications of any updates on the |
| 26 | | incidence of the infectious disease and any options that are |
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| 1 | | available to the residents. |
| 2 | | The Department of Veterans Veterans' Affairs and the |
| 3 | | Department of Public Health must post the notification of the |
| 4 | | incidence of the infectious disease, any updates, and any |
| 5 | | options that are available to the residents on their websites |
| 6 | | as soon as practicable after receiving the notification, but |
| 7 | | in no event shall the notice be posted later than the end of |
| 8 | | the next business day. |
| 9 | | (Source: P.A. 100-632, eff. 7-27-18.) |
| 10 | | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) |
| 11 | | Sec. 2.04. There shall be established in the State |
| 12 | | Treasury special funds known as (i) the LaSalle Veterans Home |
| 13 | | Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno |
| 14 | | Veterans Home Fund, and (iv) the Quincy Veterans Home Fund. |
| 15 | | All moneys received by an Illinois Veterans Home from Medicare |
| 16 | | and from maintenance charges to veterans, spouses, and |
| 17 | | surviving spouses residing at that Home shall be paid into |
| 18 | | that Home's Fund. All moneys received from the U.S. Department |
| 19 | | of Veterans Affairs for patient care shall be transmitted to |
| 20 | | the Treasurer of the State for deposit in the Veterans Home |
| 21 | | Fund for the Home in which the veteran resides. Appropriations |
| 22 | | shall be made from a Fund only for the needs of the Home, |
| 23 | | including capital improvements, building rehabilitation, and |
| 24 | | repairs. The Illinois Veterans' Homes Fund shall be the |
| 25 | | Veterans Home Fund for the Illinois Veterans Home at Chicago. |
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| 1 | | The administrator of each Veterans Home shall establish a |
| 2 | | locally held member's benefits fund. The Director may |
| 3 | | authorize the Veterans Home to conduct limited fundraising in |
| 4 | | accordance with applicable laws and regulations for which the |
| 5 | | sole purpose is to benefit the Veterans Home's member's |
| 6 | | benefits fund. Revenues accruing to an Illinois Veterans Home, |
| 7 | | including any donations, grants for the operation of the Home, |
| 8 | | profits from commissary stores, and funds received from any |
| 9 | | individual or other source, including limited fundraising, |
| 10 | | shall be deposited into that Home's benefits fund. |
| 11 | | Expenditures from the benefits funds shall be solely for the |
| 12 | | special comfort, pleasure, and amusement of residents. |
| 13 | | Contributors of unsolicited private donations may specify the |
| 14 | | purpose for which the private donations are to be used. |
| 15 | | Upon request of the Department, the State's Attorney of |
| 16 | | the county in which a resident or living former resident of an |
| 17 | | Illinois Veterans Home who is liable under this Act for |
| 18 | | payment of sums representing maintenance charges resides shall |
| 19 | | file an action in a court of competent jurisdiction against |
| 20 | | any such person who fails or refuses to pay such sums. The |
| 21 | | court may order the payment of sums due to maintenance charges |
| 22 | | for such period or periods of time as the circumstances |
| 23 | | require. |
| 24 | | Upon the death of a person who is or has been a resident of |
| 25 | | an Illinois Veterans Home who is liable for maintenance |
| 26 | | charges and who is possessed of property, the Department may |
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| 1 | | present a claim for such sum or for the balance due in case |
| 2 | | less than the rate prescribed under this Act has been paid. The |
| 3 | | claim shall be allowed and paid as other lawful claims against |
| 4 | | the estate. |
| 5 | | The administrator of each Veterans Home shall establish a |
| 6 | | locally held trust fund to maintain moneys held for residents. |
| 7 | | Whenever the Department finds it necessary to preserve order, |
| 8 | | preserve health, or enforce discipline, the resident shall |
| 9 | | deposit in a trust account at the Home such monies from any |
| 10 | | source of income as may be determined necessary, and |
| 11 | | disbursement of these funds to the resident shall be made only |
| 12 | | by direction of the administrator. |
| 13 | | If a resident of an Illinois Veterans Home has a dependent |
| 14 | | child, spouse, or parent the administrator may require that |
| 15 | | all monies received be deposited in a trust account with |
| 16 | | dependency contributions being made at the direction of the |
| 17 | | administrator. The balance retained in the trust account shall |
| 18 | | be disbursed to the resident at the time of discharge from the |
| 19 | | Home or to his or her heirs or legal representative at the time |
| 20 | | of the resident's death, subject to Department regulations or |
| 21 | | order of the court. |
| 22 | | The Director of Central Management Services, with the |
| 23 | | consent of the Director of Veterans Veterans' Affairs, is |
| 24 | | authorized and empowered to lease or let any real property |
| 25 | | held by the Department of Veterans Veterans' Affairs for an |
| 26 | | Illinois Veterans Home to entities or persons upon terms and |
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| 1 | | conditions which are considered to be in the best interest of |
| 2 | | that Home. The real property must not be needed for any direct |
| 3 | | or immediate purpose of the Home. In any leasing or letting, |
| 4 | | primary consideration shall be given to the use of real |
| 5 | | property for agricultural purposes, and all moneys received |
| 6 | | shall be transmitted to the Treasurer of the State for deposit |
| 7 | | in the appropriate Veterans Home Fund. |
| 8 | | Each administrator of an Illinois Veterans Home who has an |
| 9 | | established locally held member's benefits fund shall prepare |
| 10 | | and submit to the Department a monthly report of all donations |
| 11 | | received, including donations of a nonmonetary nature. The |
| 12 | | report shall include the end of month balance of the locally |
| 13 | | held member's benefits fund. |
| 14 | | (Source: P.A. 102-549, eff. 1-1-22; 102-813, eff. 5-13-22.) |
| 15 | | (20 ILCS 2805/2.10) |
| 16 | | Sec. 2.10. Conflicts with the Nursing Home Care Act. If |
| 17 | | there is a conflict between the provisions of this Act and the |
| 18 | | provisions of the Nursing Home Care Act concerning an Illinois |
| 19 | | Veterans Home not operated by the Department of Veterans |
| 20 | | Veterans' Affairs, then the provisions of the Nursing Home |
| 21 | | Care Act shall apply. If there is a conflict between the |
| 22 | | provisions of this Act and the provisions of the Nursing Home |
| 23 | | Care Act concerning an Illinois Veterans Home operated by the |
| 24 | | Illinois Department of Veterans Veterans' Affairs, then the |
| 25 | | provisions of this Act shall apply. |
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| 1 | | (Source: P.A. 96-703, eff. 8-25-09.) |
| 2 | | (20 ILCS 2805/5) (from Ch. 126 1/2, par. 70) |
| 3 | | Sec. 5. (a) Every veteran with a disability who is a |
| 4 | | resident of Illinois shall be exempt from all camping and |
| 5 | | admission fees in parks under the control of the Department of |
| 6 | | Natural Resources. For the purpose of this subsection (a), a |
| 7 | | resident veteran with a disability is one who has a permanent |
| 8 | | disability from service connected causes with 100% disability |
| 9 | | or one who has permanently lost the use of a leg or both legs |
| 10 | | or an arm or both arms or any combination thereof or any person |
| 11 | | who has a disability so severe as to be unable to move without |
| 12 | | the aid of crutches or a wheelchair. The Department shall |
| 13 | | issue free use permits to those eligible veterans. To |
| 14 | | establish eligibility, the veteran shall present an award |
| 15 | | letter or some other identifying disability document, together |
| 16 | | with proper identification, to any office of the Department. |
| 17 | | Subject to the approval of the Department of Natural |
| 18 | | Resources, the Department of Veterans Veterans' Affairs shall |
| 19 | | establish the form or permit identifier to be issued. |
| 20 | | (b) Every veteran who is a resident of Illinois and a |
| 21 | | former prisoner of war shall be exempt from all camping and |
| 22 | | admission fees in parks under the control of the Department of |
| 23 | | Natural Resources. For the purposes of this subsection (b), a |
| 24 | | former prisoner of war is a veteran who was taken and held |
| 25 | | prisoner by a hostile foreign force while participating in an |
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| 1 | | armed conflict as a member of the United States armed forces. |
| 2 | | Any identification card or other form of identification issued |
| 3 | | by the Veterans' Administration or other governmental agency |
| 4 | | which indicates the card-holder's former prisoner of war |
| 5 | | status shall be sufficient to accord such card-holder the |
| 6 | | fee-exempt admission or camping privileges under this |
| 7 | | subsection. |
| 8 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| 9 | | (20 ILCS 2805/15) |
| 10 | | Sec. 15. Veterans advisory council. |
| 11 | | (a) A veterans advisory council shall be established in |
| 12 | | the State of Illinois. The council shall consist of at least 21 |
| 13 | | members as follows: |
| 14 | | (1) Four members of the General Assembly, appointed |
| 15 | | one each by the President of the Senate, the Minority |
| 16 | | Leader of the Senate, the Speaker of the House of |
| 17 | | Representatives, and the Minority Leader of the House of |
| 18 | | Representatives, preferably from a legislative or |
| 19 | | representative district in which a State-operated veterans |
| 20 | | home is located. |
| 21 | | (2) Six veterans appointed by the Director of Veterans |
| 22 | | Veterans' Affairs. |
| 23 | | (3) One veteran appointed by the commander or |
| 24 | | president of each veterans service organization that is |
| 25 | | chartered by the federal government and by the State of |
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| 1 | | Illinois and elects to appoint a member. |
| 2 | | (4) One person appointed by the Adjutant General of |
| 3 | | the Illinois National Guard. |
| 4 | | (5) One person appointed by the Illinois Attorney |
| 5 | | General. |
| 6 | | (6) One person appointed by the Illinois Secretary of |
| 7 | | State. |
| 8 | | (7) One person appointed by the Director of the |
| 9 | | Illinois Department of Employment Security. |
| 10 | | (8) One person appointed by each military family |
| 11 | | organization that is chartered by the federal government. |
| 12 | | No member of the council shall be an employee or |
| 13 | | representative of the Department of Veterans Veterans' |
| 14 | | Affairs. |
| 15 | | Members of the council shall serve without compensation or |
| 16 | | reimbursement. |
| 17 | | (b) At the initial meeting of the council, the members |
| 18 | | shall elect from among themselves a chairman. The members |
| 19 | | shall draw lots to determine the length of their terms so that |
| 20 | | 9 members have terms that expire on July 1, 2005 and the |
| 21 | | remaining members have terms that expire on July 1, 2006. |
| 22 | | Thereafter, all members of the council shall be appointed for |
| 23 | | terms of 2 years. |
| 24 | | The appointing authority may at any time make an |
| 25 | | appointment to fill a vacancy for the unexpired term of a |
| 26 | | member. |
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| 1 | | (c) The council shall meet quarterly or at the call of the |
| 2 | | chairman or at the call of the Director of Veterans Veterans' |
| 3 | | Affairs or the Governor. The Department shall provide meeting |
| 4 | | space and clerical and administrative support services for the |
| 5 | | council. |
| 6 | | (c-5) The council shall investigate the re-entry process |
| 7 | | for service members who return to civilian life after being |
| 8 | | engaged in an active theater. The investigation shall include |
| 9 | | the effects of post-traumatic stress disorder, homelessness, |
| 10 | | disabilities, and other issues the council finds relevant to |
| 11 | | the re-entry process. By July 1, 2018 and by July 1 of each |
| 12 | | year thereafter, the council shall present an annual report of |
| 13 | | its findings to the Governor, the Attorney General, the |
| 14 | | Director of Veterans Veterans' Affairs, the Lieutenant |
| 15 | | Governor, and the Secretary of the United States Department of |
| 16 | | Veterans Affairs. The council's investigation and annual |
| 17 | | report responsibilities of this subsection shall be a |
| 18 | | continuation of the investigation and annual report |
| 19 | | responsibilities of the Illinois Discharged Servicemembers |
| 20 | | Task Force created under Section 20 of this Act. |
| 21 | | (d) The council has the power to do the following: |
| 22 | | (1) Advise the Department of Veterans Veterans' |
| 23 | | Affairs with respect to the fulfillment of its statutory |
| 24 | | duties. |
| 25 | | (2) Review and study the issues and concerns that are |
| 26 | | most significant to Illinois veterans and advise the |
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| 1 | | Department on those issues and concerns. |
| 2 | | (3) Receive a report from the Director of Veterans |
| 3 | | Veterans' Affairs or the Director's designee at each |
| 4 | | meeting with respect to the general activities of the |
| 5 | | Department. |
| 6 | | (4) Report to the Governor and the General Assembly |
| 7 | | annually describing the issues addressed and the actions |
| 8 | | taken by the council during the year as well as any |
| 9 | | recommendations for future action. |
| 10 | | (e) The council established under this Section replaces |
| 11 | | any Illinois Veterans Advisory Council established under |
| 12 | | Executive Order No. 3 (1982). |
| 13 | | (Source: P.A. 100-10, eff. 6-30-17.) |
| 14 | | (20 ILCS 2805/37) |
| 15 | | Sec. 37. Illinois Joining Forces Foundation. |
| 16 | | (a) The General Assembly finds that navigating the "sea of |
| 17 | | goodwill" for those who serve in uniform is one of the greatest |
| 18 | | challenges that transitioning veterans face; as a result, they |
| 19 | | risk being unable to access many of the federal, State, and |
| 20 | | non-profit resources available to them. Recognizing this |
| 21 | | problem, the Department of Veterans' Affairs (now the |
| 22 | | Department of Veterans Affairs) and the Department of Military |
| 23 | | Affairs acted to establish the Illinois Joining Forces |
| 24 | | initiative, a public-private network of military and |
| 25 | | veteran-serving organizations that are working together, in |
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| 1 | | person and online, to create a system of support for the |
| 2 | | State's military and veteran communities. Illinois Joining |
| 3 | | Forces is a nation-leading model, awarded by the U.S. |
| 4 | | Department of Veterans Affairs and the National Association of |
| 5 | | State Directors of Veterans Affairs for its groundbreaking |
| 6 | | work in creating smarter, collaborative community support for |
| 7 | | those in uniform, past and present. The foundation created by |
| 8 | | this amendatory Act of the 98th General Assembly will serve to |
| 9 | | ensure the long-term sustainability of Illinois Joining |
| 10 | | Forces, which is critically important for the support of the |
| 11 | | State's military and veteran communities. |
| 12 | | (b) The Illinois Joining Forces Foundation shall benefit |
| 13 | | service members, veterans, and their families by: |
| 14 | | (1) convening military and veteran support |
| 15 | | organizations to build cross-sector relationships and |
| 16 | | mutual awareness; |
| 17 | | (2) providing policy recommendations; |
| 18 | | (3) educating community providers regarding military |
| 19 | | and veteran culture and needs, thus improving the |
| 20 | | collective capacity of the support system; and |
| 21 | | (4) outreaching directly to service members, veterans, |
| 22 | | and their families regarding the system of support that |
| 23 | | Illinois Joining Forces provides to them. |
| 24 | | (c) For the purpose of this Section, "veterans service |
| 25 | | organization" means an organization that meets all of the |
| 26 | | following criteria: |
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| 1 | | (1) The organization is formed by and for United |
| 2 | | States military veterans. |
| 3 | | (2) The organization is chartered by the United States |
| 4 | | Congress and incorporated in the State of Illinois. |
| 5 | | (3) The organization has maintained a State |
| 6 | | headquarters office in Illinois for the 10-year period |
| 7 | | immediately preceding the effective date of this |
| 8 | | amendatory Act of the 98th General Assembly. |
| 9 | | (4) The organization maintains at least one office in |
| 10 | | this State, staffed by a veterans service officer. |
| 11 | | (5) The organization is capable of preparing a power |
| 12 | | of attorney for a veteran and processing claims for |
| 13 | | veterans services. |
| 14 | | (d) The General Assembly authorizes the Department of |
| 15 | | Veterans' Affairs (now the Department of Veterans Affairs), in |
| 16 | | accordance with Section 10 of the State Agency Entity Creation |
| 17 | | Act, to create the Illinois Joining Forces Foundation as a |
| 18 | | not-for-profit foundation. The Department shall file articles |
| 19 | | of incorporation as required under the General Not For Profit |
| 20 | | Corporation Act of 1986 to create the Foundation. |
| 21 | | The Foundation's Board of Directors shall be appointed as |
| 22 | | follows: one member appointed by the Governor; one member |
| 23 | | appointed by the President of the Senate; one member appointed |
| 24 | | by the Minority Leader of the Senate; one member appointed by |
| 25 | | the Speaker of the House of Representatives; and one member |
| 26 | | appointed by the Minority Leader of the House of |
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| 1 | | Representatives. |
| 2 | | The Foundation may also include up to 18 additional voting |
| 3 | | members of the Board of Directors: up to 9 members to be |
| 4 | | nominated and approved by the Board of Directors according to |
| 5 | | the Foundation's bylaws, and up to 9 members to be appointed by |
| 6 | | the Director of Veterans' Affairs (now the Director of |
| 7 | | Veterans Affairs) or the Director of Military Affairs. The |
| 8 | | Board shall have an equal number of board or department |
| 9 | | appointed members. To ensure parity, no additional nominee may |
| 10 | | be considered by the Board of Directors unless a like |
| 11 | | appointment is made by the Department of Veterans' Affairs |
| 12 | | (now the Department of Veterans Affairs) or the Department of |
| 13 | | Military Affairs, and vice versa. |
| 14 | | In addition to any veterans service organization |
| 15 | | otherwise represented on the Board of Directors, a veterans |
| 16 | | service organization may designate in writing an ex officio, |
| 17 | | non-voting participant to the Board of Directors. Any veterans |
| 18 | | service organization appointee under this provision does not |
| 19 | | count towards a quorum. |
| 20 | | The Director of Veterans' Affairs (now the Director of |
| 21 | | Veterans Affairs), or the Director's designee, and a designee |
| 22 | | chosen by the Director of Military Affairs who is a senior |
| 23 | | management official of the Department of Military Affairs with |
| 24 | | the authority to make decisions on behalf of the agency shall |
| 25 | | serve as members of the Foundation's Board of Directors. Board |
| 26 | | of Director appointments shall be for 2-year terms. Vacancies |
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| 1 | | shall be filled by the official who made the statutory |
| 2 | | appointment. No member of the Board of Directors may receive |
| 3 | | compensation for his or her services to the Foundation. Upon |
| 4 | | appointment, the Board of Directors, as members of a public |
| 5 | | entity, shall be represented and indemnified pursuant to the |
| 6 | | requirements of the State Employee Indemnification Act. |
| 7 | | (e) The purposes of the Foundation are to: promote, |
| 8 | | support, assist, and sustain Illinois Joining Forces |
| 9 | | operations; solicit and accept grants and private donations |
| 10 | | and disburse them for the stated intent of the Foundation or |
| 11 | | the private donor; solicit and generate public and private |
| 12 | | funding and donations that assist in enhancing the Illinois |
| 13 | | Joining Forces mission, services, programs, and operations; |
| 14 | | and engage generally in other lawful endeavors consistent with |
| 15 | | the foregoing purposes. The foundation shall operate within |
| 16 | | the provisions of the General Not For Profit Corporation Act |
| 17 | | of 1986. |
| 18 | | (f) The Board of Directors shall meet, organize, and |
| 19 | | designate, by majority vote, a chairperson, a treasurer, a |
| 20 | | secretary, and any additional officers that may be needed to |
| 21 | | carry out the activities of the Foundation and shall adopt |
| 22 | | bylaws of the Foundation. In consultation with the |
| 23 | | Foundation's Board of Directors, the Department of Veterans' |
| 24 | | Affairs (now the Department of Veterans Affairs) or the |
| 25 | | Department of Military Affairs may provide assistance in |
| 26 | | adopting other rules deemed necessary to govern Foundation |
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| 1 | | procedures. |
| 2 | | (g) The Foundation may request and accept gifts, grants, |
| 3 | | donations, or bequests from the federal government or its |
| 4 | | agencies or officers or from any person, firm, or corporation, |
| 5 | | and may expend receipts on activities that it considers |
| 6 | | suitable to the performance of its duties under this Section |
| 7 | | and consistent with any requirement of the grant, gift, |
| 8 | | donation, or bequest. Funds collected by the Foundation shall |
| 9 | | be considered private funds and shall be held in an |
| 10 | | appropriate account outside of the State treasury. Private |
| 11 | | funds collected by the Foundation are not subject to the |
| 12 | | Public Funds Investment Act. The treasurer of the Foundation |
| 13 | | shall be the custodian of all Foundation funds. The treasurer |
| 14 | | shall be required to obtain a fidelity or surety bond on |
| 15 | | satisfactory terms and in sufficient amounts to protect the |
| 16 | | interests of the Foundation, the cost of which shall be |
| 17 | | reimbursed by the Foundation. The Foundation and its officers |
| 18 | | shall be responsible for the approval of the recording of |
| 19 | | receipts, approval of payments, and the proper filing of |
| 20 | | required reports. The Foundation may be assisted in carrying |
| 21 | | out its functions by Department of Military Affairs and |
| 22 | | Department of Veterans' Affairs (now the Department of |
| 23 | | Veterans Affairs) personnel as determined by the respective |
| 24 | | Directors. The Department of Military Affairs and the |
| 25 | | Department of Veterans' Affairs (now the Department of |
| 26 | | Veterans Affairs) may provide reasonable assistance to the |
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| 1 | | Foundation to achieve the purposes of the Foundation as |
| 2 | | determined by the respective Directors. The Foundation shall |
| 3 | | cooperate fully with the boards, commissions, agencies, |
| 4 | | departments, and institutions of the State. The funds held and |
| 5 | | made available by the Illinois Joining Forces Foundation shall |
| 6 | | be subject to financial and compliance audits in accordance |
| 7 | | with the Illinois State Auditing Act. The Foundation shall not |
| 8 | | have any power of eminent domain. The Foundation shall not |
| 9 | | construct or make any permanent improvements to any real |
| 10 | | property. |
| 11 | | (h) The Foundation must provide a written notice to any |
| 12 | | entity providing a gift, grant, donation, or bequest to the |
| 13 | | Foundation that the Foundation is not subject to the |
| 14 | | provisions of the Public Funds Investment Act, which Act |
| 15 | | places limitations on the types of securities in which a |
| 16 | | public agency may invest public funds. |
| 17 | | (i) Notwithstanding any law to the contrary, the |
| 18 | | Foundation is not eligible for any grant administered by the |
| 19 | | Department of Veterans' Affairs (now the Department of |
| 20 | | Veterans Affairs) or the Department of Military Affairs, but |
| 21 | | may receive services, including, but not limited to, |
| 22 | | contractual services, provided by either Department. |
| 23 | | (Source: P.A. 102-1140, eff. 1-1-24.) |
| 24 | | (20 ILCS 2805/39) |
| 25 | | Sec. 39. Veterans' Accountability Unit. |
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| 1 | | (a) The Department shall create a Veterans' Accountability |
| 2 | | Unit which shall receive complaints and recommendations from: |
| 3 | | (i) veterans and other Illinois residents who seek services |
| 4 | | from the Department; (ii) residents of Veterans' Homes, their |
| 5 | | families, and visitors; (iii) vendors and contractors of the |
| 6 | | Department; and (iv) staff of the Department. |
| 7 | | (b) The Governor shall appoint, and the Senate shall |
| 8 | | confirm, the Director of the Veterans' Accountability Unit. |
| 9 | | The Director shall be appointed for a term of 4 years. |
| 10 | | (c) The Director of the Veterans' Accountability Unit |
| 11 | | shall ensure that the Unit maintains regular office hours and |
| 12 | | establishes both a toll-free helpline and a dedicated |
| 13 | | electronic mail address for the purpose of accepting |
| 14 | | complaints, information, and recommendations. The Director |
| 15 | | shall provide a reasonable means for receiving complaints |
| 16 | | outside of office hours. |
| 17 | | (d) The Veterans' Accountability Unit shall function |
| 18 | | independently of the Department. The salary and benefits of |
| 19 | | the Director of the Veterans' Accountability Unit and any |
| 20 | | other staff of the Unit, as deemed necessary by the Director, |
| 21 | | along with all other expenses of the Unit shall be paid from |
| 22 | | appropriations to the Department. |
| 23 | | (e) The Director and staff of the Veterans' Accountability |
| 24 | | Unit shall have the authority to access the offices or |
| 25 | | facilities of the Department and the Veterans' Homes and shall |
| 26 | | have access to all information, documents, and personnel of |
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| 1 | | the Department as needed to perform the duties of the |
| 2 | | Veterans' Accountability Unit. It is the duty of every |
| 3 | | employee of the Department to cooperate with the Veterans' |
| 4 | | Accountability Unit. The Department shall provide the staff of |
| 5 | | the Veterans' Accountability Unit with physical space in each |
| 6 | | Department office and in each Veterans' Home to conduct |
| 7 | | confidential business as needed to perform the work of the |
| 8 | | Veterans' Accountability Unit. |
| 9 | | (f) The Veterans' Accountability Unit shall ensure all |
| 10 | | complaints, allegations, or incidents of possible misconduct, |
| 11 | | misfeasance, malfeasance, or violations of rules, procedures, |
| 12 | | or laws by any employee, service provider, or contractor of |
| 13 | | the Department are reported to the Office of Executive |
| 14 | | Inspector General for the Agencies of the Illinois Governor. |
| 15 | | (g) The Office of Executive Inspector General for the |
| 16 | | Agencies of the Illinois Governor shall assess the complaints, |
| 17 | | allegations, and incidents and shall determine whether to (i) |
| 18 | | investigate, (ii) refer to the appropriate agency, (iii) refer |
| 19 | | to any appropriate law enforcement agency, (iv) request a |
| 20 | | response from the Department to the complaint, allegations, or |
| 21 | | incident, or (v) refer to the Veterans' Accountability Unit to |
| 22 | | conduct further inquiry or review if necessary. |
| 23 | | (h) The Director of the Veterans' Accountability Unit may |
| 24 | | recommend changes to the Director of Veterans Veterans' |
| 25 | | Affairs concerning Department policies or practices based upon |
| 26 | | information learned or observations made by the Veterans' |
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| 1 | | Accountability Unit staff during the course of its duties. The |
| 2 | | Director of the Veterans' Accountability Unit shall meet |
| 3 | | regularly with the Office of Executive Inspector General for |
| 4 | | the Agencies of the Illinois Governor to report this |
| 5 | | information to allow the Office to determine whether further |
| 6 | | investigation is necessary. |
| 7 | | (i) The Veterans' Accountability Unit shall create an |
| 8 | | annual report that includes a summary of the complaints |
| 9 | | received and actions taken in response. This report shall not |
| 10 | | include any referrals to the Office of Executive Inspector |
| 11 | | General for the Agencies of the Illinois Governor that result |
| 12 | | in an investigation. The summaries shall not contain any |
| 13 | | confidential or identifying information concerning the |
| 14 | | subjects or complainants of the reports and investigations. |
| 15 | | (j) Nothing in this Section shall limit investigations by |
| 16 | | the Department of Veterans Veterans' Affairs that may |
| 17 | | otherwise be required by law or that may be necessary in that |
| 18 | | Department's capacity as the central administrative authority |
| 19 | | on matters concerning services to veterans, their survivors, |
| 20 | | and dependents. |
| 21 | | (Source: P.A. 102-695, eff. 6-1-22.) |
| 22 | | Section 90. The Illinois Health Facilities Planning Act is |
| 23 | | amended by changing Section 3.6 as follows: |
| 24 | | (20 ILCS 3960/3.6) |
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| 1 | | (Section scheduled to be repealed on June 25, 2026) |
| 2 | | Sec. 3.6. Facilities maintained or operated by a State |
| 3 | | agency. |
| 4 | | (a) For the purposes of this Section, "Department" means |
| 5 | | the Department of Veterans Veterans' Affairs. |
| 6 | | (b) Except for the requirements set forth in subsection |
| 7 | | (c), any construction, modification, establishment, or change |
| 8 | | in categories of service of a health care facility funded |
| 9 | | through an appropriation from the General Assembly and |
| 10 | | maintained or operated by the Department is not subject to |
| 11 | | requirements of this Act. The Department is subject to this |
| 12 | | Act when the Department discontinues a health care facility or |
| 13 | | category of service. |
| 14 | | (c) The Department must notify the Board in writing of any |
| 15 | | appropriation by the General Assembly for the construction, |
| 16 | | modification, establishment or change in categories of |
| 17 | | service, excluding discontinuation of a health care facility |
| 18 | | or categories of service, maintained or operated by the |
| 19 | | Department of Veterans Veterans' Affairs. The Department of |
| 20 | | Veterans Veterans' Affairs must include with the written |
| 21 | | notification the following information: (i) the estimated |
| 22 | | service capacity of the health care facility; (ii) the |
| 23 | | location of the project or the intended location if not |
| 24 | | identified by law; and (iii) the date the health care facility |
| 25 | | is estimated to be opened. The Department must also notify the |
| 26 | | Board in writing when the facility has been licensed by the |
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| 1 | | Department of Public Health or any other licensing body. The |
| 2 | | Department shall submit to the Board, on behalf of the health |
| 3 | | care facility, any annual facility questionnaires as defined |
| 4 | | in Section 13 of this Act or any requests for information by |
| 5 | | the Board. |
| 6 | | (d) This Section is repealed 5 years after the effective |
| 7 | | date of this amendatory Act of the 102nd General Assembly. |
| 8 | | (Source: P.A. 102-35, eff. 6-25-21.) |
| 9 | | Section 95. The Illinois Workforce Innovation Board Act is |
| 10 | | amended by changing Section 4.5 as follows: |
| 11 | | (20 ILCS 3975/4.5) |
| 12 | | Sec. 4.5. Duties. |
| 13 | | (a) The Board must perform all the functions of a state |
| 14 | | workforce innovation board under the federal Workforce |
| 15 | | Innovation and Opportunity Act, any amendments to that Act, |
| 16 | | and any other applicable federal statutes. The Board must also |
| 17 | | perform all other functions that are not inconsistent with the |
| 18 | | federal Workforce Innovation and Opportunity Act or this Act |
| 19 | | and that are assumed by the Board under its bylaws or assigned |
| 20 | | to it by the Governor. |
| 21 | | (b) The Board must cooperate with the General Assembly and |
| 22 | | make recommendations to the Governor and the General Assembly |
| 23 | | concerning legislation necessary to improve upon statewide and |
| 24 | | local workforce development systems in order to increase |
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| 1 | | occupational skill attainment, employment, retention, or |
| 2 | | earnings of participants and thereby improve the quality of |
| 3 | | the workforce, reduce welfare dependency, and enhance the |
| 4 | | productivity and competitiveness of the State. The Board must |
| 5 | | annually submit a report to the General Assembly on the |
| 6 | | progress of the State in achieving state performance measures |
| 7 | | under the federal Workforce Innovation and Opportunity Act, |
| 8 | | including information on the levels of performance achieved by |
| 9 | | the State with respect to the core indicators of performance |
| 10 | | and the customer satisfaction indicator under that Act. The |
| 11 | | report must include any other items that the Governor may be |
| 12 | | required to report to the Secretary of the United States |
| 13 | | Department of Labor. |
| 14 | | (b-5) The Board shall implement a method for measuring the |
| 15 | | progress of the State's workforce development system by using |
| 16 | | benchmarks specified in the federal Workforce Innovation and |
| 17 | | Opportunity Act. |
| 18 | | The Board shall identify the most significant early |
| 19 | | indicators for each benchmark, establish a mechanism to |
| 20 | | collect data and track the benchmarks on an annual basis, and |
| 21 | | then use the results to set goals for each benchmark, to inform |
| 22 | | planning, and to ensure the effective use of State resources. |
| 23 | | (c) Nothing in this Act shall be construed to require or |
| 24 | | allow the Board to assume or supersede the statutory authority |
| 25 | | granted to, or impose any duties or requirements on, the State |
| 26 | | Board of Education, the Board of Higher Education, the |
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| 1 | | Illinois Community College Board, any State agencies created |
| 2 | | under the Civil Administrative Code of Illinois, or any local |
| 3 | | education agencies. |
| 4 | | (d) No actions taken by the Illinois Human Resource |
| 5 | | Investment Council before the effective date of this |
| 6 | | amendatory Act of the 92nd General Assembly and no rights, |
| 7 | | powers, duties, or obligations from those actions are impaired |
| 8 | | solely by this amendatory Act of the 92nd General Assembly. |
| 9 | | All actions taken by the Illinois Human Resource Investment |
| 10 | | Council before the effective date of this amendatory Act of |
| 11 | | the 92nd General Assembly are ratified and validated. |
| 12 | | (e) Upon the effective date of this amendatory Act of the |
| 13 | | 101st General Assembly, the Board shall conduct a feasibility |
| 14 | | study regarding the consolidation of all workforce development |
| 15 | | programs funded by the federal Workforce Innovation and |
| 16 | | Opportunity Act and conducted by the State of Illinois into |
| 17 | | one solitary agency to create greater access to job training |
| 18 | | for underserved populations. The Board shall utilize resources |
| 19 | | currently made available to them, including, but not limited |
| 20 | | to, partnering with institutions of higher education and those |
| 21 | | agencies currently charged with overseeing or administering |
| 22 | | workforce programs. The feasibility study shall: |
| 23 | | (1) assess the impact of consolidation on access for |
| 24 | | participants, including minority persons as defined in |
| 25 | | Section 2 of the Business Enterprise for Minorities, |
| 26 | | Women, and Persons with Disabilities Act, persons with |
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| 1 | | limited English proficiency, persons with disabilities, |
| 2 | | and youth, and how consolidation would increase equitable |
| 3 | | access to workforce resources; |
| 4 | | (2) assess the cost of consolidation and estimate any |
| 5 | | long-term savings anticipated from the action; |
| 6 | | (3) assess the impact of consolidation on agencies in |
| 7 | | which the programs currently reside, including, but not |
| 8 | | limited to, the Department of Commerce and Economic |
| 9 | | Opportunity, the Department of Employment Security, the |
| 10 | | Department of Human Services, the Community College Board, |
| 11 | | the Board of Higher Education, the Department of |
| 12 | | Corrections, the Department on Aging, the Department of |
| 13 | | Veterans Veterans' Affairs, and the Department of Children |
| 14 | | and Family Services; |
| 15 | | (4) assess the impact of consolidation on State |
| 16 | | government employees and union contracts; |
| 17 | | (5) consider if the consolidation will provide avenues |
| 18 | | to maximize federal funding; |
| 19 | | (6) provide recommendations for the future structure |
| 20 | | of workforce development programs, including a proposed |
| 21 | | timeline for implementation; |
| 22 | | (7) provide direction for implementation by July 1, |
| 23 | | 2022 with regard to recommendations that do not require |
| 24 | | legislative change; |
| 25 | | (8) if legislative change is necessary, include |
| 26 | | legislative language for consideration by the 102nd |
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| 1 | | General Assembly. |
| 2 | | The Board shall submit its recommendations the Governor |
| 3 | | and the General Assembly by May 1, 2021. |
| 4 | | (Source: P.A. 100-477, eff. 9-8-17; 101-654, eff. 3-8-21.) |
| 5 | | Section 100. The State Finance Act is amended by changing |
| 6 | | Section 25 as follows: |
| 7 | | (30 ILCS 105/25) (from Ch. 127, par. 161) |
| 8 | | Sec. 25. Fiscal year limitations. |
| 9 | | (a) All appropriations shall be available for expenditure |
| 10 | | for the fiscal year or for a lesser period if the Act making |
| 11 | | that appropriation so specifies. A deficiency or emergency |
| 12 | | appropriation shall be available for expenditure only through |
| 13 | | June 30 of the year when the Act making that appropriation is |
| 14 | | enacted unless that Act otherwise provides. |
| 15 | | (b) Outstanding liabilities as of June 30, payable from |
| 16 | | appropriations which have otherwise expired, may be paid out |
| 17 | | of the expiring appropriations during the 2-month period |
| 18 | | ending at the close of business on August 31. Any service |
| 19 | | involving professional or artistic skills or any personal |
| 20 | | services by an employee whose compensation is subject to |
| 21 | | income tax withholding must be performed as of June 30 of the |
| 22 | | fiscal year in order to be considered an "outstanding |
| 23 | | liability as of June 30" that is thereby eligible for payment |
| 24 | | out of the expiring appropriation. |
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| 1 | | (b-1) However, payment of tuition reimbursement claims |
| 2 | | under Section 14-7.03 or 18-3 of the School Code may be made by |
| 3 | | the State Board of Education from its appropriations for those |
| 4 | | respective purposes for any fiscal year, even though the |
| 5 | | claims reimbursed by the payment may be claims attributable to |
| 6 | | a prior fiscal year, and payments may be made at the direction |
| 7 | | of the State Superintendent of Education from the fund from |
| 8 | | which the appropriation is made without regard to any fiscal |
| 9 | | year limitations, except as required by subsection (j) of this |
| 10 | | Section. Beginning on June 30, 2021, payment of tuition |
| 11 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
| 12 | | School Code as of June 30, payable from appropriations that |
| 13 | | have otherwise expired, may be paid out of the expiring |
| 14 | | appropriation during the 4-month period ending at the close of |
| 15 | | business on October 31. |
| 16 | | (b-2) (Blank). |
| 17 | | (b-2.5) (Blank). |
| 18 | | (b-2.6) (Blank). |
| 19 | | (b-2.6a) (Blank). |
| 20 | | (b-2.6b) (Blank). |
| 21 | | (b-2.6c) (Blank). |
| 22 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, |
| 23 | | payable from appropriations that would otherwise expire at the |
| 24 | | conclusion of the lapse period for fiscal year 2020, and |
| 25 | | interest penalties payable on those liabilities under the |
| 26 | | State Prompt Payment Act, may be paid out of the expiring |
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| 1 | | appropriations until December 31, 2020, without regard to the |
| 2 | | fiscal year in which the payment is made, as long as vouchers |
| 3 | | for the liabilities are received by the Comptroller no later |
| 4 | | than September 30, 2020. |
| 5 | | (b-2.6e) All outstanding liabilities as of June 30, 2021, |
| 6 | | payable from appropriations that would otherwise expire at the |
| 7 | | conclusion of the lapse period for fiscal year 2021, and |
| 8 | | interest penalties payable on those liabilities under the |
| 9 | | State Prompt Payment Act, may be paid out of the expiring |
| 10 | | appropriations until September 30, 2021, without regard to the |
| 11 | | fiscal year in which the payment is made. |
| 12 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each |
| 13 | | fiscal year thereafter, interest penalties payable under the |
| 14 | | State Prompt Payment Act associated with a voucher for which |
| 15 | | payment is issued after June 30 may be paid out of the next |
| 16 | | fiscal year's appropriation. The future year appropriation |
| 17 | | must be for the same purpose and from the same fund as the |
| 18 | | original payment. An interest penalty voucher submitted |
| 19 | | against a future year appropriation must be submitted within |
| 20 | | 60 days after the issuance of the associated voucher, except |
| 21 | | that, for fiscal year 2018 only, an interest penalty voucher |
| 22 | | submitted against a future year appropriation must be |
| 23 | | submitted within 60 days of June 5, 2019 (the effective date of |
| 24 | | Public Act 101-10). The Comptroller must issue the interest |
| 25 | | payment within 60 days after acceptance of the interest |
| 26 | | voucher. |
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| 1 | | (b-3) Medical payments may be made by the Department of |
| 2 | | Veterans Veterans' Affairs from its appropriations for those |
| 3 | | purposes for any fiscal year, without regard to the fact that |
| 4 | | the medical services being compensated for by such payment may |
| 5 | | have been rendered in a prior fiscal year, except as required |
| 6 | | by subsection (j) of this Section. Beginning on June 30, 2021, |
| 7 | | medical payments payable from appropriations that have |
| 8 | | otherwise expired may be paid out of the expiring |
| 9 | | appropriation during the 4-month period ending at the close of |
| 10 | | business on October 31. |
| 11 | | (b-4) Medical payments and child care payments may be made |
| 12 | | by the Department of Human Services (as successor to the |
| 13 | | Department of Public Aid) from appropriations for those |
| 14 | | purposes for any fiscal year, without regard to the fact that |
| 15 | | the medical or child care services being compensated for by |
| 16 | | such payment may have been rendered in a prior fiscal year; and |
| 17 | | payments may be made at the direction of the Department of |
| 18 | | Healthcare and Family Services (or successor agency) from the |
| 19 | | Health Insurance Reserve Fund without regard to any fiscal |
| 20 | | year limitations, except as required by subsection (j) of this |
| 21 | | Section. Beginning on June 30, 2021, medical and child care |
| 22 | | payments made by the Department of Human Services and payments |
| 23 | | made at the discretion of the Department of Healthcare and |
| 24 | | Family Services (or successor agency) from the Health |
| 25 | | Insurance Reserve Fund and payable from appropriations that |
| 26 | | have otherwise expired may be paid out of the expiring |
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| 1 | | appropriation during the 4-month period ending at the close of |
| 2 | | business on October 31. |
| 3 | | (b-5) Medical payments may be made by the Department of |
| 4 | | Human Services from its appropriations relating to substance |
| 5 | | abuse treatment services for any fiscal year, without regard |
| 6 | | to the fact that the medical services being compensated for by |
| 7 | | such payment may have been rendered in a prior fiscal year, |
| 8 | | provided the payments are made on a fee-for-service basis |
| 9 | | consistent with requirements established for Medicaid |
| 10 | | reimbursement by the Department of Healthcare and Family |
| 11 | | Services, except as required by subsection (j) of this |
| 12 | | Section. Beginning on June 30, 2021, medical payments made by |
| 13 | | the Department of Human Services relating to substance abuse |
| 14 | | treatment services payable from appropriations that have |
| 15 | | otherwise expired may be paid out of the expiring |
| 16 | | appropriation during the 4-month period ending at the close of |
| 17 | | business on October 31. |
| 18 | | (b-6) (Blank). |
| 19 | | (b-7) Payments may be made in accordance with a plan |
| 20 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
| 21 | | Department of Central Management Services Law from |
| 22 | | appropriations for those payments without regard to fiscal |
| 23 | | year limitations. |
| 24 | | (b-8) Reimbursements to eligible airport sponsors for the |
| 25 | | construction or upgrading of Automated Weather Observation |
| 26 | | Systems may be made by the Department of Transportation from |
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| 1 | | appropriations for those purposes for any fiscal year, without |
| 2 | | regard to the fact that the qualification or obligation may |
| 3 | | have occurred in a prior fiscal year, provided that at the time |
| 4 | | the expenditure was made the project had been approved by the |
| 5 | | Department of Transportation prior to June 1, 2012 and, as a |
| 6 | | result of recent changes in federal funding formulas, can no |
| 7 | | longer receive federal reimbursement. |
| 8 | | (b-9) (Blank). |
| 9 | | (c) Further, payments may be made by the Department of |
| 10 | | Public Health and the Department of Human Services (acting as |
| 11 | | successor to the Department of Public Health under the |
| 12 | | Department of Human Services Act) from their respective |
| 13 | | appropriations for grants for medical care to or on behalf of |
| 14 | | premature and high-mortality risk infants and their mothers |
| 15 | | and for grants for supplemental food supplies provided under |
| 16 | | the United States Department of Agriculture Women, Infants and |
| 17 | | Children Nutrition Program, for any fiscal year without regard |
| 18 | | to the fact that the services being compensated for by such |
| 19 | | payment may have been rendered in a prior fiscal year, except |
| 20 | | as required by subsection (j) of this Section. Beginning on |
| 21 | | June 30, 2021, payments made by the Department of Public |
| 22 | | Health and the Department of Human Services from their |
| 23 | | respective appropriations for grants for medical care to or on |
| 24 | | behalf of premature and high-mortality risk infants and their |
| 25 | | mothers and for grants for supplemental food supplies provided |
| 26 | | under the United States Department of Agriculture Women, |
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| 1 | | Infants and Children Nutrition Program payable from |
| 2 | | appropriations that have otherwise expired may be paid out of |
| 3 | | the expiring appropriations during the 4-month period ending |
| 4 | | at the close of business on October 31. |
| 5 | | (d) The Department of Public Health and the Department of |
| 6 | | Human Services (acting as successor to the Department of |
| 7 | | Public Health under the Department of Human Services Act) |
| 8 | | shall each annually submit to the State Comptroller, Senate |
| 9 | | President, Senate Minority Leader, Speaker of the House, House |
| 10 | | Minority Leader, and the respective Chairmen and Minority |
| 11 | | Spokesmen of the Appropriations Committees of the Senate and |
| 12 | | the House, on or before December 31, a report of fiscal year |
| 13 | | funds used to pay for services provided in any prior fiscal |
| 14 | | year. This report shall document by program or service |
| 15 | | category those expenditures from the most recently completed |
| 16 | | fiscal year used to pay for services provided in prior fiscal |
| 17 | | years. |
| 18 | | (e) The Department of Healthcare and Family Services, the |
| 19 | | Department of Human Services (acting as successor to the |
| 20 | | Department of Public Aid), and the Department of Human |
| 21 | | Services making fee-for-service payments relating to substance |
| 22 | | abuse treatment services provided during a previous fiscal |
| 23 | | year shall each annually submit to the State Comptroller, |
| 24 | | Senate President, Senate Minority Leader, Speaker of the |
| 25 | | House, House Minority Leader, the respective Chairmen and |
| 26 | | Minority Spokesmen of the Appropriations Committees of the |
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| 1 | | Senate and the House, on or before November 30, a report that |
| 2 | | shall document by program or service category those |
| 3 | | expenditures from the most recently completed fiscal year used |
| 4 | | to pay for (i) services provided in prior fiscal years and (ii) |
| 5 | | services for which claims were received in prior fiscal years. |
| 6 | | (f) The Department of Human Services (as successor to the |
| 7 | | Department of Public Aid) shall annually submit to the State |
| 8 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
| 9 | | of the House, House Minority Leader, and the respective |
| 10 | | Chairmen and Minority Spokesmen of the Appropriations |
| 11 | | Committees of the Senate and the House, on or before December |
| 12 | | 31, a report of fiscal year funds used to pay for services |
| 13 | | (other than medical care) provided in any prior fiscal year. |
| 14 | | This report shall document by program or service category |
| 15 | | those expenditures from the most recently completed fiscal |
| 16 | | year used to pay for services provided in prior fiscal years. |
| 17 | | (g) In addition, each annual report required to be |
| 18 | | submitted by the Department of Healthcare and Family Services |
| 19 | | under subsection (e) shall include the following information |
| 20 | | with respect to the State's Medicaid program: |
| 21 | | (1) Explanations of the exact causes of the variance |
| 22 | | between the previous year's estimated and actual |
| 23 | | liabilities. |
| 24 | | (2) Factors affecting the Department of Healthcare and |
| 25 | | Family Services' liabilities, including, but not limited |
| 26 | | to, numbers of aid recipients, levels of medical service |
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| 1 | | utilization by aid recipients, and inflation in the cost |
| 2 | | of medical services. |
| 3 | | (3) The results of the Department's efforts to combat |
| 4 | | fraud and abuse. |
| 5 | | (h) As provided in Section 4 of the General Assembly |
| 6 | | Compensation Act, any utility bill for service provided to a |
| 7 | | General Assembly member's district office for a period |
| 8 | | including portions of 2 consecutive fiscal years may be paid |
| 9 | | from funds appropriated for such expenditure in either fiscal |
| 10 | | year. |
| 11 | | (i) An agency which administers a fund classified by the |
| 12 | | Comptroller as an internal service fund may issue rules for: |
| 13 | | (1) billing user agencies in advance for payments or |
| 14 | | authorized inter-fund transfers based on estimated charges |
| 15 | | for goods or services; |
| 16 | | (2) issuing credits, refunding through inter-fund |
| 17 | | transfers, or reducing future inter-fund transfers during |
| 18 | | the subsequent fiscal year for all user agency payments or |
| 19 | | authorized inter-fund transfers received during the prior |
| 20 | | fiscal year which were in excess of the final amounts owed |
| 21 | | by the user agency for that period; and |
| 22 | | (3) issuing catch-up billings to user agencies during |
| 23 | | the subsequent fiscal year for amounts remaining due when |
| 24 | | payments or authorized inter-fund transfers received from |
| 25 | | the user agency during the prior fiscal year were less |
| 26 | | than the total amount owed for that period. |
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| 1 | | User agencies are authorized to reimburse internal service |
| 2 | | funds for catch-up billings by vouchers drawn against their |
| 3 | | respective appropriations for the fiscal year in which the |
| 4 | | catch-up billing was issued or by increasing an authorized |
| 5 | | inter-fund transfer during the current fiscal year. For the |
| 6 | | purposes of this Act, "inter-fund transfers" means transfers |
| 7 | | without the use of the voucher-warrant process, as authorized |
| 8 | | by Section 9.01 of the State Comptroller Act. |
| 9 | | (i-1) Beginning on July 1, 2021, all outstanding |
| 10 | | liabilities, not payable during the 4-month lapse period as |
| 11 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
| 12 | | of this Section, that are made from appropriations for that |
| 13 | | purpose for any fiscal year, without regard to the fact that |
| 14 | | the services being compensated for by those payments may have |
| 15 | | been rendered in a prior fiscal year, are limited to only those |
| 16 | | claims that have been incurred but for which a proper bill or |
| 17 | | invoice as defined by the State Prompt Payment Act has not been |
| 18 | | received by September 30th following the end of the fiscal |
| 19 | | year in which the service was rendered. |
| 20 | | (j) Notwithstanding any other provision of this Act, the |
| 21 | | aggregate amount of payments to be made without regard for |
| 22 | | fiscal year limitations as contained in subsections (b-1), |
| 23 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined |
| 24 | | by using Generally Accepted Accounting Principles, shall not |
| 25 | | exceed the following amounts: |
| 26 | | (1) $6,000,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2012; |
| 2 | | (2) $5,300,000,000 for outstanding liabilities related |
| 3 | | to fiscal year 2013; |
| 4 | | (3) $4,600,000,000 for outstanding liabilities related |
| 5 | | to fiscal year 2014; |
| 6 | | (4) $4,000,000,000 for outstanding liabilities related |
| 7 | | to fiscal year 2015; |
| 8 | | (5) $3,300,000,000 for outstanding liabilities related |
| 9 | | to fiscal year 2016; |
| 10 | | (6) $2,600,000,000 for outstanding liabilities related |
| 11 | | to fiscal year 2017; |
| 12 | | (7) $2,000,000,000 for outstanding liabilities related |
| 13 | | to fiscal year 2018; |
| 14 | | (8) $1,300,000,000 for outstanding liabilities related |
| 15 | | to fiscal year 2019; |
| 16 | | (9) $600,000,000 for outstanding liabilities related |
| 17 | | to fiscal year 2020; and |
| 18 | | (10) $0 for outstanding liabilities related to fiscal |
| 19 | | year 2021 and fiscal years thereafter. |
| 20 | | (k) Department of Healthcare and Family Services Medical |
| 21 | | Assistance Payments. |
| 22 | | (1) Definition of Medical Assistance. |
| 23 | | For purposes of this subsection, the term "Medical |
| 24 | | Assistance" shall include, but not necessarily be |
| 25 | | limited to, medical programs and services authorized |
| 26 | | under Titles XIX and XXI of the Social Security Act, |
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| 1 | | the Illinois Public Aid Code, the Children's Health |
| 2 | | Insurance Program Act, the Covering ALL KIDS Health |
| 3 | | Insurance Act, the Long Term Acute Care Hospital |
| 4 | | Quality Improvement Transfer Program Act, and medical |
| 5 | | care to or on behalf of persons suffering from chronic |
| 6 | | renal disease, persons suffering from hemophilia, and |
| 7 | | victims of sexual assault. |
| 8 | | (2) Limitations on Medical Assistance payments that |
| 9 | | may be paid from future fiscal year appropriations. |
| 10 | | (A) The maximum amounts of annual unpaid Medical |
| 11 | | Assistance bills received and recorded by the |
| 12 | | Department of Healthcare and Family Services on or |
| 13 | | before June 30th of a particular fiscal year |
| 14 | | attributable in aggregate to the General Revenue Fund, |
| 15 | | Healthcare Provider Relief Fund, Tobacco Settlement |
| 16 | | Recovery Fund, Long-Term Care Provider Fund, and the |
| 17 | | Drug Rebate Fund that may be paid in total by the |
| 18 | | Department from future fiscal year Medical Assistance |
| 19 | | appropriations to those funds are: $700,000,000 for |
| 20 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
| 21 | | and each fiscal year thereafter. |
| 22 | | (B) Bills for Medical Assistance services rendered |
| 23 | | in a particular fiscal year, but received and recorded |
| 24 | | by the Department of Healthcare and Family Services |
| 25 | | after June 30th of that fiscal year, may be paid from |
| 26 | | either appropriations for that fiscal year or future |
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| 1 | | fiscal year appropriations for Medical Assistance. |
| 2 | | Such payments shall not be subject to the requirements |
| 3 | | of subparagraph (A). |
| 4 | | (C) Medical Assistance bills received by the |
| 5 | | Department of Healthcare and Family Services in a |
| 6 | | particular fiscal year, but subject to payment amount |
| 7 | | adjustments in a future fiscal year may be paid from a |
| 8 | | future fiscal year's appropriation for Medical |
| 9 | | Assistance. Such payments shall not be subject to the |
| 10 | | requirements of subparagraph (A). |
| 11 | | (D) Medical Assistance payments made by the |
| 12 | | Department of Healthcare and Family Services from |
| 13 | | funds other than those specifically referenced in |
| 14 | | subparagraph (A) may be made from appropriations for |
| 15 | | those purposes for any fiscal year without regard to |
| 16 | | the fact that the Medical Assistance services being |
| 17 | | compensated for by such payment may have been rendered |
| 18 | | in a prior fiscal year. Such payments shall not be |
| 19 | | subject to the requirements of subparagraph (A). |
| 20 | | (3) Extended lapse period for Department of Healthcare |
| 21 | | and Family Services Medical Assistance payments. |
| 22 | | Notwithstanding any other State law to the contrary, |
| 23 | | outstanding Department of Healthcare and Family Services |
| 24 | | Medical Assistance liabilities, as of June 30th, payable |
| 25 | | from appropriations which have otherwise expired, may be |
| 26 | | paid out of the expiring appropriations during the 4-month |
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| 1 | | period ending at the close of business on October 31st. |
| 2 | | (l) The changes to this Section made by Public Act 97-691 |
| 3 | | shall be effective for payment of Medical Assistance bills |
| 4 | | incurred in fiscal year 2013 and future fiscal years. The |
| 5 | | changes to this Section made by Public Act 97-691 shall not be |
| 6 | | applied to Medical Assistance bills incurred in fiscal year |
| 7 | | 2012 or prior fiscal years. |
| 8 | | (m) The Comptroller must issue payments against |
| 9 | | outstanding liabilities that were received prior to the lapse |
| 10 | | period deadlines set forth in this Section as soon thereafter |
| 11 | | as practical, but no payment may be issued after the 4 months |
| 12 | | following the lapse period deadline without the signed |
| 13 | | authorization of the Comptroller and the Governor. |
| 14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21; |
| 15 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
| 16 | | 6-7-23.) |
| 17 | | Section 105. The Illinois Procurement Code is amended by |
| 18 | | changing Section 45-57 as follows: |
| 19 | | (30 ILCS 500/45-57) |
| 20 | | Sec. 45-57. Veterans. |
| 21 | | (a) Set-aside goal. It is the goal of the State to promote |
| 22 | | and encourage the continued economic development of small |
| 23 | | businesses owned and controlled by qualified veterans and that |
| 24 | | qualified service-disabled veteran-owned small businesses |
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| 1 | | (referred to as SDVOSB) and veteran-owned small businesses |
| 2 | | (referred to as VOSB) participate in the State's procurement |
| 3 | | process as both prime contractors and subcontractors. Not less |
| 4 | | than 3% of the total dollar amount of State contracts, as |
| 5 | | defined by the Commission on Equity and Inclusion, shall be |
| 6 | | established as a goal to be awarded to SDVOSB and VOSB. That |
| 7 | | portion of a contract under which the contractor subcontracts |
| 8 | | with a SDVOSB or VOSB may be counted toward the goal of this |
| 9 | | subsection. The Commission on Equity and Inclusion shall adopt |
| 10 | | rules to implement compliance with this subsection by all |
| 11 | | State agencies. |
| 12 | | (b) Fiscal year reports. By each November 1, each chief |
| 13 | | procurement officer shall report to the Commission on Equity |
| 14 | | and Inclusion on all of the following for the immediately |
| 15 | | preceding fiscal year, and by each March 1 the Commission on |
| 16 | | Equity and Inclusion shall compile and report that information |
| 17 | | to the General Assembly: |
| 18 | | (1) The total number of VOSB, and the number of |
| 19 | | SDVOSB, who submitted bids for contracts under this Code. |
| 20 | | (2) The total number of VOSB, and the number of |
| 21 | | SDVOSB, who entered into contracts with the State under |
| 22 | | this Code and the total value of those contracts. |
| 23 | | (b-5) The Commission on Equity and Inclusion shall submit |
| 24 | | an annual report to the Governor and the General Assembly that |
| 25 | | shall include the following: |
| 26 | | (1) a year-by-year comparison of the number of |
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| 1 | | certifications the State has issued to veteran-owned small |
| 2 | | businesses and service-disabled veteran-owned small |
| 3 | | businesses; |
| 4 | | (2) the obstacles, if any, the Commission on Equity |
| 5 | | and Inclusion faces when certifying veteran-owned |
| 6 | | businesses and possible rules or changes to rules to |
| 7 | | address those issues; |
| 8 | | (3) a year-by-year comparison of awarded contracts to |
| 9 | | certified veteran-owned small businesses and |
| 10 | | service-disabled veteran-owned small businesses; and |
| 11 | | (4) any other information that the Commission on |
| 12 | | Equity and Inclusion deems necessary to assist |
| 13 | | veteran-owned small businesses and service-disabled |
| 14 | | veteran-owned small businesses to become certified with |
| 15 | | the State. |
| 16 | | The Commission on Equity and Inclusion shall conduct a |
| 17 | | minimum of 2 outreach events per year to ensure that |
| 18 | | veteran-owned small businesses and service-disabled |
| 19 | | veteran-owned small businesses know about the procurement |
| 20 | | opportunities and certification requirements with the State. |
| 21 | | The Commission on Equity and Inclusion may receive |
| 22 | | appropriations for outreach. |
| 23 | | (c) Yearly review and recommendations. Each year, each |
| 24 | | chief procurement officer shall review the progress of all |
| 25 | | State agencies under its jurisdiction in meeting the goal |
| 26 | | described in subsection (a), with input from statewide |
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| 1 | | veterans' service organizations and from the business |
| 2 | | community, including businesses owned by qualified veterans, |
| 3 | | and shall make recommendations to be included in the |
| 4 | | Commission on Equity and Inclusion's report to the General |
| 5 | | Assembly regarding continuation, increases, or decreases of |
| 6 | | the percentage goal. The recommendations shall be based upon |
| 7 | | the number of businesses that are owned by qualified veterans |
| 8 | | and on the continued need to encourage and promote businesses |
| 9 | | owned by qualified veterans. |
| 10 | | (d) Governor's recommendations. To assist the State in |
| 11 | | reaching the goal described in subsection (a), the Governor |
| 12 | | shall recommend to the General Assembly changes in programs to |
| 13 | | assist businesses owned by qualified veterans. |
| 14 | | (e) Definitions. As used in this Section: |
| 15 | | "Armed forces of the United States" means the United |
| 16 | | States Army, Navy, Air Force, Space Force, Marine Corps, Coast |
| 17 | | Guard, or service in active duty as defined under 38 U.S.C. |
| 18 | | Section 101. Service in the Merchant Marine that constitutes |
| 19 | | active duty under Section 401 of federal Public Law Act 95-202 |
| 20 | | shall also be considered service in the armed forces for |
| 21 | | purposes of this Section. |
| 22 | | "Certification" means a determination made by the Illinois |
| 23 | | Department of Veterans Veterans' Affairs and the Commission on |
| 24 | | Equity and Inclusion that a business entity is a qualified |
| 25 | | service-disabled veteran-owned small business or a qualified |
| 26 | | veteran-owned small business for whatever purpose. A SDVOSB or |
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| 1 | | VOSB owned and controlled by women, minorities, or persons |
| 2 | | with disabilities, as those terms are defined in Section 2 of |
| 3 | | the Business Enterprise for Minorities, Women, and Persons |
| 4 | | with Disabilities Act, may also select and designate whether |
| 5 | | that business is to be certified as a "women-owned business", |
| 6 | | "minority-owned business", or "business owned by a person with |
| 7 | | a disability", as defined in Section 2 of the Business |
| 8 | | Enterprise for Minorities, Women, and Persons with |
| 9 | | Disabilities Act. |
| 10 | | "Control" means the exclusive, ultimate, majority, or sole |
| 11 | | control of the business, including but not limited to capital |
| 12 | | investment and all other financial matters, property, |
| 13 | | acquisitions, contract negotiations, legal matters, |
| 14 | | officer-director-employee selection and comprehensive hiring, |
| 15 | | operation responsibilities, cost-control matters, income and |
| 16 | | dividend matters, financial transactions, and rights of other |
| 17 | | shareholders or joint partners. Control shall be real, |
| 18 | | substantial, and continuing, not pro forma. Control shall |
| 19 | | include the power to direct or cause the direction of the |
| 20 | | management and policies of the business and to make the |
| 21 | | day-to-day as well as major decisions in matters of policy, |
| 22 | | management, and operations. Control shall be exemplified by |
| 23 | | possessing the requisite knowledge and expertise to run the |
| 24 | | particular business, and control shall not include simple |
| 25 | | majority or absentee ownership. |
| 26 | | "Qualified service-disabled veteran" means a veteran who |
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| 1 | | has been found to have 10% or more service-connected |
| 2 | | disability by the United States Department of Veterans Affairs |
| 3 | | or the United States Department of Defense. |
| 4 | | "Qualified service-disabled veteran-owned small business" |
| 5 | | or "SDVOSB" means a small business (i) that is at least 51% |
| 6 | | owned by one or more qualified service-disabled veterans |
| 7 | | living in Illinois or, in the case of a corporation, at least |
| 8 | | 51% of the stock of which is owned by one or more qualified |
| 9 | | service-disabled veterans living in Illinois; (ii) that has |
| 10 | | its home office in Illinois; and (iii) for which items (i) and |
| 11 | | (ii) are factually verified annually by the Commission on |
| 12 | | Equity and Inclusion. |
| 13 | | "Qualified veteran-owned small business" or "VOSB" means a |
| 14 | | small business (i) that is at least 51% owned by one or more |
| 15 | | qualified veterans living in Illinois or, in the case of a |
| 16 | | corporation, at least 51% of the stock of which is owned by one |
| 17 | | or more qualified veterans living in Illinois; (ii) that has |
| 18 | | its home office in Illinois; and (iii) for which items (i) and |
| 19 | | (ii) are factually verified annually by the Commission on |
| 20 | | Equity and Inclusion. |
| 21 | | "Service-connected disability" means a disability incurred |
| 22 | | in the line of duty in the active military, naval, or air |
| 23 | | service as described in 38 U.S.C. 101(16). |
| 24 | | "Small business" means a business that has annual gross |
| 25 | | sales of less than $150,000,000 as evidenced by the federal |
| 26 | | income tax return of the business. A firm with gross sales in |
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| 1 | | excess of this cap may apply to the Commission on Equity and |
| 2 | | Inclusion for certification for a particular contract if the |
| 3 | | firm can demonstrate that the contract would have significant |
| 4 | | impact on SDVOSB or VOSB as suppliers or subcontractors or in |
| 5 | | employment of veterans or service-disabled veterans. |
| 6 | | "State agency" has the meaning provided in Section |
| 7 | | 1-15.100 of this Code. |
| 8 | | "Time of hostilities with a foreign country" means any |
| 9 | | period of time in the past, present, or future during which a |
| 10 | | declaration of war by the United States Congress has been or is |
| 11 | | in effect or during which an emergency condition has been or is |
| 12 | | in effect that is recognized by the issuance of a Presidential |
| 13 | | proclamation or a Presidential executive order and in which |
| 14 | | the armed forces expeditionary medal or other campaign service |
| 15 | | medals are awarded according to Presidential executive order. |
| 16 | | "Veteran" means a person who (i) has been a member of the |
| 17 | | armed forces of the United States or, while a citizen of the |
| 18 | | United States, was a member of the armed forces of allies of |
| 19 | | the United States in time of hostilities with a foreign |
| 20 | | country and (ii) has served under one or more of the following |
| 21 | | conditions: (a) the veteran served a total of at least 6 |
| 22 | | months; (b) the veteran served for the duration of hostilities |
| 23 | | regardless of the length of the engagement; (c) the veteran |
| 24 | | was discharged on the basis of hardship; or (d) the veteran was |
| 25 | | released from active duty because of a service connected |
| 26 | | disability and was discharged under honorable conditions. |
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| 1 | | (f) Certification program. The Illinois Department of |
| 2 | | Veterans Veterans' Affairs and the Commission on Equity and |
| 3 | | Inclusion shall work together to devise a certification |
| 4 | | procedure to assure that businesses taking advantage of this |
| 5 | | Section are legitimately classified as qualified |
| 6 | | service-disabled veteran-owned small businesses or qualified |
| 7 | | veteran-owned small businesses. |
| 8 | | The Commission on Equity and Inclusion shall: |
| 9 | | (1) compile and maintain a comprehensive list of |
| 10 | | certified veteran-owned small businesses and |
| 11 | | service-disabled veteran-owned small businesses; |
| 12 | | (2) assist veteran-owned small businesses and |
| 13 | | service-disabled veteran-owned small businesses in |
| 14 | | complying with the procedures for bidding on State |
| 15 | | contracts; |
| 16 | | (3) provide training for State agencies regarding the |
| 17 | | goal setting process and compliance with veteran-owned |
| 18 | | small business and service-disabled veteran-owned small |
| 19 | | business goals; and |
| 20 | | (4) implement and maintain an electronic portal on the |
| 21 | | Commission on Equity and Inclusion's website for the |
| 22 | | purpose of completing and submitting veteran-owned small |
| 23 | | business and service-disabled veteran-owned small business |
| 24 | | certificates. |
| 25 | | The Commission on Equity and Inclusion, in consultation |
| 26 | | with the Department of Veterans Veterans' Affairs, may develop |
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| 1 | | programs and agreements to encourage cities, counties, towns, |
| 2 | | townships, and other certifying entities to adopt uniform |
| 3 | | certification procedures and certification recognition |
| 4 | | programs. |
| 5 | | (f-5) A business shall be certified by the Commission on |
| 6 | | Equity and Inclusion as a service-disabled veteran-owned small |
| 7 | | business or a veteran-owned small business for purposes of |
| 8 | | this Section if the Commission on Equity and Inclusion |
| 9 | | determines that the business has been certified as a |
| 10 | | service-disabled veteran-owned small business or a |
| 11 | | veteran-owned small business by the Vets First Verification |
| 12 | | Program of the United States Department of Veterans Affairs, |
| 13 | | and the business has provided to the Commission on Equity and |
| 14 | | Inclusion the following: |
| 15 | | (1) documentation showing certification as a |
| 16 | | service-disabled veteran-owned small business or a |
| 17 | | veteran-owned small business by the Vets First |
| 18 | | Verification Program of the United States Department of |
| 19 | | Veterans Affairs; |
| 20 | | (2) proof that the business has its home office in |
| 21 | | Illinois; and |
| 22 | | (3) proof that the qualified veterans or qualified |
| 23 | | service-disabled veterans live in the State of Illinois. |
| 24 | | The policies of the Commission on Equity and Inclusion |
| 25 | | regarding recognition of the Vets First Verification Program |
| 26 | | of the United States Department of Veterans Affairs shall be |
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| 1 | | reviewed annually by the Commission on Equity and Inclusion, |
| 2 | | and recognition of service-disabled veteran-owned small |
| 3 | | businesses and veteran-owned small businesses certified by the |
| 4 | | Vets First Verification Program of the United States |
| 5 | | Department of Veterans Affairs may be discontinued by the |
| 6 | | Commission on Equity and Inclusion by rule upon a finding that |
| 7 | | the certification standards of the Vets First Verification |
| 8 | | Program of the United States Department of Veterans Affairs do |
| 9 | | not meet the certification requirements established by the |
| 10 | | Commission on Equity and Inclusion. |
| 11 | | (g) Penalties. |
| 12 | | (1) Administrative penalties. The chief procurement |
| 13 | | officers appointed pursuant to Section 10-20 shall suspend |
| 14 | | any person who commits a violation of Section 17-10.3 or |
| 15 | | subsection (d) of Section 33E-6 of the Criminal Code of |
| 16 | | 2012 relating to this Section from bidding on, or |
| 17 | | participating as a contractor, subcontractor, or supplier |
| 18 | | in, any State contract or project for a period of not less |
| 19 | | than 3 years, and, if the person is certified as a |
| 20 | | service-disabled veteran-owned small business or a |
| 21 | | veteran-owned small business, then the Commission on |
| 22 | | Equity and Inclusion shall revoke the business's |
| 23 | | certification for a period of not less than 3 years. An |
| 24 | | additional or subsequent violation shall extend the |
| 25 | | periods of suspension and revocation for a period of not |
| 26 | | less than 5 years. The suspension and revocation shall |
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| 1 | | apply to the principals of the business and any subsequent |
| 2 | | business formed or financed by, or affiliated with, those |
| 3 | | principals. |
| 4 | | (2) Reports of violations. Each State agency shall |
| 5 | | report any alleged violation of Section 17-10.3 or |
| 6 | | subsection (d) of Section 33E-6 of the Criminal Code of |
| 7 | | 2012 relating to this Section to the chief procurement |
| 8 | | officers appointed pursuant to Section 10-20. The chief |
| 9 | | procurement officers appointed pursuant to Section 10-20 |
| 10 | | shall subsequently report all such alleged violations to |
| 11 | | the Attorney General, who shall determine whether to bring |
| 12 | | a civil action against any person for the violation. |
| 13 | | (3) List of suspended persons. The chief procurement |
| 14 | | officers appointed pursuant to Section 10-20 shall monitor |
| 15 | | the status of all reported violations of Section 17-10.3 |
| 16 | | or subsection (d) of Section 33E-6 of the Criminal Code of |
| 17 | | 1961 or the Criminal Code of 2012 relating to this Section |
| 18 | | and shall maintain and make available to all State |
| 19 | | agencies a central listing of all persons that committed |
| 20 | | violations resulting in suspension. |
| 21 | | (4) Use of suspended persons. During the period of a |
| 22 | | person's suspension under paragraph (1) of this |
| 23 | | subsection, a State agency shall not enter into any |
| 24 | | contract with that person or with any contractor using the |
| 25 | | services of that person as a subcontractor. |
| 26 | | (5) Duty to check list. Each State agency shall check |
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| 1 | | the central listing provided by the chief procurement |
| 2 | | officers appointed pursuant to Section 10-20 under |
| 3 | | paragraph (3) of this subsection to verify that a person |
| 4 | | being awarded a contract by that State agency, or to be |
| 5 | | used as a subcontractor or supplier on a contract being |
| 6 | | awarded by that State agency, is not under suspension |
| 7 | | pursuant to paragraph (1) of this subsection. |
| 8 | | (h) On and after November 30, 2021 (the effective date of |
| 9 | | Public Act 102-671) this amendatory Act of the 102nd General |
| 10 | | Assembly, all powers, duties, rights, and responsibilities of |
| 11 | | the Department of Central Management Services with respect to |
| 12 | | the requirements of this Section are transferred to the |
| 13 | | Commission on Equity and Inclusion. |
| 14 | | All books, records, papers, documents, property (real and |
| 15 | | personal), contracts, causes of action, and pending business |
| 16 | | pertaining to the powers, duties, rights, and responsibilities |
| 17 | | transferred by Public Act 102-671 this amendatory Act from the |
| 18 | | Department of Central Management Services to the Commission on |
| 19 | | Equity and Inclusion, including, but not limited to, material |
| 20 | | in electronic or magnetic format and necessary computer |
| 21 | | hardware and software, shall be transferred to the Commission |
| 22 | | on Equity and Inclusion. |
| 23 | | The powers, duties, rights, and responsibilities |
| 24 | | transferred from the Department of Central Management Services |
| 25 | | by this amendatory Act shall be vested in and shall be |
| 26 | | exercised by the Commission on Equity and Inclusion. |
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| 1 | | Whenever reports or notices are now required to be made or |
| 2 | | given or papers or documents furnished or served by any person |
| 3 | | to or upon the Department of Central Management Services in |
| 4 | | connection with any of the powers, duties, rights, and |
| 5 | | responsibilities transferred by Public Act 102-671 this |
| 6 | | amendatory Act, the same shall be made, given, furnished, or |
| 7 | | served in the same manner to or upon the Commission on Equity |
| 8 | | and Inclusion. |
| 9 | | Public Act 102-671 This amendatory Act of the 102nd |
| 10 | | General Assembly does not affect any act done, ratified, or |
| 11 | | canceled or any right occurring or established or any action |
| 12 | | or proceeding had or commenced in an administrative, civil, or |
| 13 | | criminal cause by the Department of Central Management |
| 14 | | Services before this amendatory Act takes effect; such actions |
| 15 | | or proceedings may be prosecuted and continued by the |
| 16 | | Commission on Equity and Inclusion. |
| 17 | | Any rules of the Department of Central Management Services |
| 18 | | that relate to its powers, duties, rights, and |
| 19 | | responsibilities under this Section and are in full force on |
| 20 | | the effective date of Public Act 102-671 this amendatory Act |
| 21 | | of the 102nd General Assembly shall become the rules of the |
| 22 | | Commission on Equity and Inclusion. Public Act 102-671 This |
| 23 | | amendatory Act does not affect the legality of any such rules |
| 24 | | in the Illinois Administrative Code. Any proposed rules filed |
| 25 | | with the Secretary of State by the Department of Central |
| 26 | | Management Services that are pending in the rulemaking process |
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| 1 | | on November 30, 2021 the effective date of this amendatory Act |
| 2 | | and pertain to the powers, duties, rights, and |
| 3 | | responsibilities transferred, shall be deemed to have been |
| 4 | | filed by the Commission on Equity and Inclusion. As soon as |
| 5 | | practicable hereafter, the Commission on Equity and Inclusion |
| 6 | | shall revise and clarify the rules transferred to it under |
| 7 | | Public Act 102-671 this amendatory Act to reflect the |
| 8 | | reorganization of powers, duties, rights, and responsibilities |
| 9 | | affected by Public Act 102-671 this amendatory Act, using the |
| 10 | | procedures for recodification of rules available under the |
| 11 | | Illinois Administrative Procedure Act, except that existing |
| 12 | | title, part, and section numbering for the affected rules may |
| 13 | | be retained. The Commission on Equity and Inclusion may |
| 14 | | propose and adopt under the Illinois Administrative Procedure |
| 15 | | Act such other rules of the Department of Central Management |
| 16 | | Services that will now be administered by the Commission on |
| 17 | | Equity and Inclusion. |
| 18 | | (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; |
| 19 | | 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.) |
| 20 | | Section 110. The Illinois Procurement Code is amended by |
| 21 | | changing Section 45-67 as follows: |
| 22 | | (30 ILCS 500/45-67) |
| 23 | | Sec. 45-67. Encouragement to hire qualified veterans. A |
| 24 | | chief procurement officer may, as part of any solicitation, |
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| 1 | | encourage potential contractors to consider hiring qualified |
| 2 | | veterans and to notify them of any available financial |
| 3 | | incentives or other advantages associated with hiring such |
| 4 | | persons. In establishing internal guidelines in furtherance of |
| 5 | | this Section, the Department of Central Management Services |
| 6 | | may work with an interagency advisory committee consisting of |
| 7 | | representatives from the Department of Veterans Veterans' |
| 8 | | Affairs, the Department of Employment Security, the Department |
| 9 | | of Commerce and Economic Opportunity, and the Department of |
| 10 | | Revenue and consisting of 8 members of the General Assembly, 2 |
| 11 | | of whom are appointed by the Speaker of the House of |
| 12 | | Representatives, 2 of whom are appointed by the President of |
| 13 | | the Senate, 2 of whom are appointed by the Minority Leader of |
| 14 | | the House of Representatives, and 2 of whom are appointed by |
| 15 | | the Minority Leader of the Senate. |
| 16 | | For the purposes of this Section, "qualified veteran" |
| 17 | | means an Illinois resident who: (i) was a member of the Armed |
| 18 | | Forces of the United States, a member of the Illinois National |
| 19 | | Guard, or a member of any reserve component of the Armed Forces |
| 20 | | of the United States; (ii) served on active duty in connection |
| 21 | | with Operation Desert Storm, Operation Enduring Freedom, or |
| 22 | | Operation Iraqi Freedom; and (iii) was honorably discharged. |
| 23 | | The Department of Central Management Services must report |
| 24 | | to the Governor and to the General Assembly by December 31 of |
| 25 | | each year on the activities undertaken by chief procurement |
| 26 | | officers and the Department of Central Management Services to |
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| 1 | | encourage potential contractors to consider hiring qualified |
| 2 | | veterans. The report must include the number of vendors who |
| 3 | | have hired qualified veterans. |
| 4 | | (Source: P.A. 100-143, eff. 1-1-18; 100-201, eff. 8-18-17.) |
| 5 | | Section 115. The Social Services Contract Notice Act is |
| 6 | | amended by changing Section 10 as follows: |
| 7 | | (30 ILCS 596/10) |
| 8 | | Sec. 10. Definitions. As used in this Act: |
| 9 | | (a) "Authorized service provider" means a non-governmental |
| 10 | | entity responsible for providing services on behalf of the |
| 11 | | State of Illinois under a contract with a State agency. |
| 12 | | (b) "Contract" means all types of State agreements for |
| 13 | | social service delivery, regardless of what they may be |
| 14 | | called, including grants, fee-for-service, fixed rate, |
| 15 | | cost-reimbursement, purchase of care, renewals, and |
| 16 | | amendments. It does not include agreements procured for goods. |
| 17 | | (c) "Direct services" means those services that are |
| 18 | | provided on behalf of Illinois residents by an authorized |
| 19 | | service provider. |
| 20 | | (d) "Reduction of contract" means a decrease in the |
| 21 | | defined or estimated contract value. This is not inclusive of |
| 22 | | adjustments made by the State through the generally accepted |
| 23 | | accounting principles (GAAP) reconciliation process, under the |
| 24 | | Illinois Grant Funds Recovery Act, or on account of the |
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| 1 | | service provider's underutilization of contract value, as |
| 2 | | determined by the State. |
| 3 | | (e) "Social services" or "services" means direct services |
| 4 | | that are provided by a State agency through a grant awarded to |
| 5 | | or service agreement or contract with an authorized service |
| 6 | | provider and that are designed to ensure the health, safety, |
| 7 | | education, or welfare of Illinois residents. |
| 8 | | (f) "State agency" means: |
| 9 | | (1) the Department on Aging or its successor agency; |
| 10 | | (2) the Department of Children and Family Services or |
| 11 | | its successor agency; |
| 12 | | (3) the Department of Healthcare and Family Services |
| 13 | | or its successor agency; |
| 14 | | (4) the Department of Human Services or its successor |
| 15 | | agency; |
| 16 | | (5) the Department of Public Health or its successor |
| 17 | | agency; |
| 18 | | (6) the Department of Corrections or its successor |
| 19 | | agency; |
| 20 | | (7) the Department of Juvenile Justice or its |
| 21 | | successor agency; |
| 22 | | (8) the Illinois Criminal Justice Information |
| 23 | | Authority or its successor agency; |
| 24 | | (9) the Illinois State Board of Education or its |
| 25 | | successor agency; |
| 26 | | (10) the Illinois Community College Board or its |
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| 1 | | successor agency; |
| 2 | | (11) the Illinois Housing Development Authority or its |
| 3 | | successor agency; |
| 4 | | (12) the Department of Employment Security or its |
| 5 | | successor agency; |
| 6 | | (13) the Department of Veterans Veterans' Affairs or |
| 7 | | its successor agency; |
| 8 | | (14) the Department of Military Affairs or its |
| 9 | | successor agency; |
| 10 | | (15) the Illinois Emergency Management Agency or its |
| 11 | | successor agency; |
| 12 | | (16) the Department of Commerce and Economic |
| 13 | | Opportunity or its successor agency; |
| 14 | | (17) any commission, board, or authority within the |
| 15 | | State agencies or successor agencies listed in this |
| 16 | | Section; or |
| 17 | | (18) any State agency, or its successor agency, |
| 18 | | designated to enter into contracts with one or more |
| 19 | | authorized service providers on behalf of a State agency |
| 20 | | subject to this Act. |
| 21 | | (Source: P.A. 100-153, eff. 8-18-17.) |
| 22 | | Section 125. The State Facilities Closure Act is amended |
| 23 | | by changing Section 5-10 as follows: |
| 24 | | (30 ILCS 608/5-10) |
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| 1 | | Sec. 5-10. Facility closure process. |
| 2 | | (a) Before a State facility may be closed, the State |
| 3 | | executive branch officer with jurisdiction over the facility |
| 4 | | shall file notice of the proposed closure with the Commission. |
| 5 | | The notice must be filed within 2 days after the first public |
| 6 | | announcement of any planned or proposed closure. Within 10 |
| 7 | | days after it receives notice of the proposed closure, the |
| 8 | | Commission, in its discretion, may require the State executive |
| 9 | | branch officer with jurisdiction over the facility to file a |
| 10 | | recommendation for the closure of the facility with the |
| 11 | | Commission. In the case of a proposed closure of: (i) a prison, |
| 12 | | youth center, work camp, or work release center operated by |
| 13 | | the Department of Corrections; (ii) a school, mental health |
| 14 | | center, or center for persons with developmental disabilities |
| 15 | | operated by the Department of Human Services; or (iii) a |
| 16 | | residential facility operated by the Department of Veterans |
| 17 | | Veterans' Affairs, the Commission must require the executive |
| 18 | | branch officers to file a recommendation for closure. The |
| 19 | | recommendation must be filed within 30 days after the |
| 20 | | Commission delivers the request for recommendation to the |
| 21 | | State executive branch officer. The recommendation must |
| 22 | | include, but is not limited to, the following: |
| 23 | | (1) the location and identity of the State facility |
| 24 | | proposed to be closed; |
| 25 | | (2) the number of employees for which the State |
| 26 | | facility is the primary stationary work location and the |
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| 1 | | effect of the closure of the facility on those employees; |
| 2 | | (3) the location or locations to which the functions |
| 3 | | and employees of the State facility would be moved; |
| 4 | | (4) the availability and condition of land and |
| 5 | | facilities at both the existing location and any potential |
| 6 | | locations; |
| 7 | | (5) the ability to accommodate the functions and |
| 8 | | employees at the existing and at any potential locations; |
| 9 | | (6) the cost of operations of the State facility and |
| 10 | | at any potential locations and any other related budgetary |
| 11 | | impacts; |
| 12 | | (7) the economic impact on existing communities in the |
| 13 | | vicinity of the State facility and any potential facility; |
| 14 | | (8) the ability of the existing and any potential |
| 15 | | community's infrastructure to support the functions and |
| 16 | | employees; |
| 17 | | (9) the impact on State services delivered at the |
| 18 | | existing location, in direct relation to the State |
| 19 | | services expected to be delivered at any potential |
| 20 | | locations; and |
| 21 | | (10) the environmental impact, including the impact of |
| 22 | | costs related to potential environmental restoration, |
| 23 | | waste management, and environmental compliance activities. |
| 24 | | (b) If a recommendation is required by the Commission, a |
| 25 | | 30-day public comment period must follow the filing of the |
| 26 | | recommendation. The Commission, in its discretion, may conduct |
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| 1 | | one or more public hearings on the recommendation. In the case |
| 2 | | of a proposed closure of: (i) a prison, youth center, work |
| 3 | | camp, or work release center operated by the Department of |
| 4 | | Corrections; (ii) a school, mental health center, or center |
| 5 | | for persons with developmental disabilities operated by the |
| 6 | | Department of Human Services; or (iii) a residential facility |
| 7 | | operated by the Department of Veterans Veterans' Affairs, the |
| 8 | | Commission must conduct one or more public hearings on the |
| 9 | | recommendation. Public hearings conducted by the Commission |
| 10 | | shall be conducted no later than 35 days after the filing of |
| 11 | | the recommendation. At least one of the public hearings on the |
| 12 | | recommendation shall be held at a convenient location within |
| 13 | | 25 miles of the facility for which closure is recommended. The |
| 14 | | Commission shall provide reasonable notice of the comment |
| 15 | | period and of any public hearings to the public and to units of |
| 16 | | local government and school districts that are located within |
| 17 | | 25 miles of the facility. |
| 18 | | (c) Within 50 days after the State executive branch |
| 19 | | officer files the required recommendation, the Commission |
| 20 | | shall issue an advisory opinion on that recommendation. The |
| 21 | | Commission shall file the advisory opinion with the |
| 22 | | appropriate State executive branch officer, the Governor, the |
| 23 | | General Assembly, and the Index Department of the Office of |
| 24 | | the Secretary of State and shall make copies of the advisory |
| 25 | | opinion available to the public upon request. |
| 26 | | (d) No action may be taken to implement the recommendation |
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| 1 | | for closure of a State facility until 50 days after the filing |
| 2 | | of any required recommendation. |
| 3 | | (e) The requirements of this Section do not apply if all of |
| 4 | | the functions and employees of a State facility are relocated |
| 5 | | to another State facility that is within 10 miles of the closed |
| 6 | | facility. |
| 7 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| 8 | | Section 130. The Property Tax Code is amended by changing |
| 9 | | Section 15-165 as follows: |
| 10 | | (35 ILCS 200/15-165) |
| 11 | | Sec. 15-165. Veterans with disabilities. Property up to an |
| 12 | | assessed value of $100,000, owned and used exclusively by a |
| 13 | | veteran with a disability, or the spouse or unmarried |
| 14 | | surviving spouse of the veteran, as a home, is exempt. As used |
| 15 | | in this Section, a "veteran with a disability" means a person |
| 16 | | who has served in the Armed Forces of the United States and |
| 17 | | whose disability is of such a nature that the Federal |
| 18 | | Government has authorized payment for purchase or construction |
| 19 | | of Specially Adapted Housing as set forth in the United States |
| 20 | | Code, Title 38, Chapter 21, Section 2101. |
| 21 | | The exemption applies to housing where Federal funds have |
| 22 | | been used to purchase or construct special adaptations to suit |
| 23 | | the veteran's disability. |
| 24 | | The exemption also applies to housing that is specially |
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| 1 | | adapted to suit the veteran's disability, and purchased |
| 2 | | entirely or in part by the proceeds of a sale, casualty loss |
| 3 | | reimbursement, or other transfer of a home for which the |
| 4 | | Federal Government had previously authorized payment for |
| 5 | | purchase or construction as Specially Adapted Housing. |
| 6 | | However, the entire proceeds of the sale, casualty loss |
| 7 | | reimbursement, or other transfer of that housing shall be |
| 8 | | applied to the acquisition of subsequent specially adapted |
| 9 | | housing to the extent that the proceeds equal the purchase |
| 10 | | price of the subsequently acquired housing. |
| 11 | | Beginning with the 2015 tax year, the exemption also |
| 12 | | applies to housing that is specifically constructed or adapted |
| 13 | | to suit a qualifying veteran's disability if the housing or |
| 14 | | adaptations are donated by a charitable organization, the |
| 15 | | veteran has been approved to receive funds for the purchase or |
| 16 | | construction of Specially Adapted Housing under Title 38, |
| 17 | | Chapter 21, Section 2101 of the United States Code, and the |
| 18 | | home has been inspected and certified by a licensed home |
| 19 | | inspector to be in compliance with applicable standards set |
| 20 | | forth in U.S. Department of Veterans Affairs, Veterans |
| 21 | | Benefits Administration Pamphlet 26-13 Handbook for Design of |
| 22 | | Specially Adapted Housing. |
| 23 | | For purposes of this Section, "charitable organization" |
| 24 | | means any benevolent, philanthropic, patriotic, or |
| 25 | | eleemosynary entity that solicits and collects funds for |
| 26 | | charitable purposes and includes each local, county, or area |
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| 1 | | division of that charitable organization. |
| 2 | | For purposes of this Section, "unmarried surviving spouse" |
| 3 | | means the surviving spouse of the veteran at any time after the |
| 4 | | death of the veteran during which such surviving spouse is not |
| 5 | | married. |
| 6 | | This exemption must be reestablished on an annual basis by |
| 7 | | certification from the Illinois Department of Veterans |
| 8 | | Veterans' Affairs to the Department, which shall forward a |
| 9 | | copy of the certification to local assessing officials. |
| 10 | | A taxpayer who claims an exemption under Section 15-168 or |
| 11 | | 15-169 may not claim an exemption under this Section. |
| 12 | | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.) |
| 13 | | Section 140. The Mobile Home Local Services Tax Act is |
| 14 | | amended by changing Section 7.5 as follows: |
| 15 | | (35 ILCS 515/7.5) |
| 16 | | Sec. 7.5. Exemption for veterans with disabilities. |
| 17 | | (a) Beginning on January 1, 2004, a mobile home owned and |
| 18 | | used exclusively by a veteran with a disability or the spouse |
| 19 | | or unmarried surviving spouse of the veteran as a home, is |
| 20 | | exempt from the tax imposed under this Act. |
| 21 | | Beginning with the 2015 tax year, the exemption also |
| 22 | | applies to housing that is specifically constructed or adapted |
| 23 | | to suit a qualifying veteran's disability if the housing or |
| 24 | | adaptations are donated by a charitable organization, the |
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| 1 | | veteran has been approved to receive funds for the purchase or |
| 2 | | construction of Specially Adapted Housing under Title 38, |
| 3 | | Chapter 21, Section 2101 of the United States Code, and the |
| 4 | | home has been inspected and certified by a licensed home |
| 5 | | inspector to be in compliance with applicable standards set |
| 6 | | forth in U.S. Department of Veterans Affairs, Veterans |
| 7 | | Benefits Administration Pamphlet 26-13 Handbook for Design of |
| 8 | | Specially Adapted Housing. |
| 9 | | (b) As used in this Section: |
| 10 | | "Veteran with a disability" means a person who has served |
| 11 | | in the armed forces of the United States and whose disability |
| 12 | | is of such a nature that the federal government has authorized |
| 13 | | payment for purchase or construction of specially adapted |
| 14 | | housing as set forth in the United States Code, Title 38, |
| 15 | | Chapter 21, Section 2101. |
| 16 | | For purposes of this Section, "charitable organization" |
| 17 | | means any benevolent, philanthropic, patriotic, or |
| 18 | | eleemosynary entity that solicits and collects funds for |
| 19 | | charitable purposes and includes each local, county, or area |
| 20 | | division of that charitable organization. |
| 21 | | "Unmarried surviving spouse" means the surviving spouse of |
| 22 | | the veteran at any time after the death of the veteran during |
| 23 | | which the surviving spouse is not married. |
| 24 | | (c) Eligibility for this exemption must be reestablished |
| 25 | | on an annual basis by certification from the Illinois |
| 26 | | Department of Veterans Veterans' Affairs to the county clerk |
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| 1 | | of the county in which the exempt mobile home is located. The |
| 2 | | county clerk shall forward a copy of the certification to |
| 3 | | local assessing officials. |
| 4 | | (Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15.) |
| 5 | | Section 145. The Illinois Pension Code is amended by |
| 6 | | changing Section 14-104 as follows: |
| 7 | | (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104) |
| 8 | | Sec. 14-104. Service for which contributions permitted. |
| 9 | | Contributions provided for in this Section shall cover the |
| 10 | | period of service granted. Except as otherwise provided in |
| 11 | | this Section, the contributions shall be based upon the |
| 12 | | employee's compensation and contribution rate in effect on the |
| 13 | | date he last became a member of the System; provided that for |
| 14 | | all employment prior to January 1, 1969 the contribution rate |
| 15 | | shall be that in effect for a noncovered employee on the date |
| 16 | | he last became a member of the System. Except as otherwise |
| 17 | | provided in this Section, contributions permitted under this |
| 18 | | Section shall include regular interest from the date an |
| 19 | | employee last became a member of the System to the date of |
| 20 | | payment. |
| 21 | | These contributions must be paid in full before retirement |
| 22 | | either in a lump sum or in installment payments in accordance |
| 23 | | with such rules as may be adopted by the board. |
| 24 | | (a) Any member may make contributions as required in this |
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| 1 | | Section for any period of service, subsequent to the date of |
| 2 | | establishment, but prior to the date of membership. |
| 3 | | (b) Any employee who had been previously excluded from |
| 4 | | membership because of age at entry and subsequently became |
| 5 | | eligible may elect to make contributions as required in this |
| 6 | | Section for the period of service during which he was |
| 7 | | ineligible. |
| 8 | | (c) An employee of the Department of Insurance who, after |
| 9 | | January 1, 1944 but prior to becoming eligible for membership, |
| 10 | | received salary from funds of insurance companies in the |
| 11 | | process of rehabilitation, liquidation, conservation or |
| 12 | | dissolution, may elect to make contributions as required in |
| 13 | | this Section for such service. |
| 14 | | (d) Any employee who rendered service in a State office to |
| 15 | | which he was elected, or rendered service in the elective |
| 16 | | office of Clerk of the Appellate Court prior to the date he |
| 17 | | became a member, may make contributions for such service as |
| 18 | | required in this Section. Any member who served by appointment |
| 19 | | of the Governor under the Civil Administrative Code of |
| 20 | | Illinois and did not participate in this System may make |
| 21 | | contributions as required in this Section for such service. |
| 22 | | (e) Any person employed by the United States government or |
| 23 | | any instrumentality or agency thereof from January 1, 1942 |
| 24 | | through November 15, 1946 as the result of a transfer from |
| 25 | | State service by executive order of the President of the |
| 26 | | United States shall be entitled to prior service credit |
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| 1 | | covering the period from January 1, 1942 through December 31, |
| 2 | | 1943 as provided for in this Article and to membership service |
| 3 | | credit for the period from January 1, 1944 through November |
| 4 | | 15, 1946 by making the contributions required in this Section. |
| 5 | | A person so employed on January 1, 1944 but whose employment |
| 6 | | began after January 1, 1942 may qualify for prior service and |
| 7 | | membership service credit under the same conditions. |
| 8 | | (f) An employee of the Department of Labor of the State of |
| 9 | | Illinois who performed services for and under the supervision |
| 10 | | of that Department prior to January 1, 1944 but who was |
| 11 | | compensated for those services directly by federal funds and |
| 12 | | not by a warrant of the Auditor of Public Accounts paid by the |
| 13 | | State Treasurer may establish credit for such employment by |
| 14 | | making the contributions required in this Section. An employee |
| 15 | | of the Department of Agriculture of the State of Illinois, who |
| 16 | | performed services for and under the supervision of that |
| 17 | | Department prior to June 1, 1963, but was compensated for |
| 18 | | those services directly by federal funds and not paid by a |
| 19 | | warrant of the Auditor of Public Accounts paid by the State |
| 20 | | Treasurer, and who did not contribute to any other public |
| 21 | | employee retirement system for such service, may establish |
| 22 | | credit for such employment by making the contributions |
| 23 | | required in this Section. |
| 24 | | (g) Any employee who executed a waiver of membership |
| 25 | | within 60 days prior to January 1, 1944 may, at any time while |
| 26 | | in the service of a department, file with the board a |
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| 1 | | rescission of such waiver. Upon making the contributions |
| 2 | | required by this Section, the member shall be granted the |
| 3 | | creditable service that would have been received if the waiver |
| 4 | | had not been executed. |
| 5 | | (h) Until May 1, 1990, an employee who was employed on a |
| 6 | | full-time basis by a regional planning commission for at least |
| 7 | | 5 continuous years may establish creditable service for such |
| 8 | | employment by making the contributions required under this |
| 9 | | Section, provided that any credits earned by the employee in |
| 10 | | the commission's retirement plan have been terminated. |
| 11 | | (i) Any person who rendered full time contractual services |
| 12 | | to the General Assembly as a member of a legislative staff may |
| 13 | | establish service credit for up to 8 years of such services by |
| 14 | | making the contributions required under this Section, provided |
| 15 | | that application therefor is made not later than July 1, 1991. |
| 16 | | (j) By paying the contributions otherwise required under |
| 17 | | this Section, plus an amount determined by the Board to be |
| 18 | | equal to the employer's normal cost of the benefit plus |
| 19 | | interest, but with all of the interest calculated from the |
| 20 | | date the employee last became a member of the System or |
| 21 | | November 19, 1991, whichever is later, to the date of payment, |
| 22 | | an employee may establish service credit for a period of up to |
| 23 | | 4 years spent in active military service for which he does not |
| 24 | | qualify for credit under Section 14-105, provided that (1) he |
| 25 | | was not dishonorably discharged from such military service, |
| 26 | | and (2) the amount of service credit established by a member |
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| 1 | | under this subsection (j), when added to the amount of |
| 2 | | military service credit granted to the member under subsection |
| 3 | | (b) of Section 14-105, shall not exceed 5 years. The change in |
| 4 | | the manner of calculating interest under this subsection (j) |
| 5 | | made by this amendatory Act of the 92nd General Assembly |
| 6 | | applies to credit purchased by an employee on or after its |
| 7 | | effective date and does not entitle any person to a refund of |
| 8 | | contributions or interest already paid. In compliance with |
| 9 | | Section 14-152.1 of this Act concerning new benefit increases, |
| 10 | | any new benefit increase as a result of the changes to this |
| 11 | | subsection (j) made by Public Act 95-483 is funded through the |
| 12 | | employee contributions provided for in this subsection (j). |
| 13 | | Any new benefit increase as a result of the changes made to |
| 14 | | this subsection (j) by Public Act 95-483 is exempt from the |
| 15 | | provisions of subsection (d) of Section 14-152.1. |
| 16 | | (k) An employee who was employed on a full-time basis by |
| 17 | | the Illinois State's Attorneys Association Statewide Appellate |
| 18 | | Assistance Service LEAA-ILEC grant project prior to the time |
| 19 | | that project became the State's Attorneys Appellate Service |
| 20 | | Commission, now the Office of the State's Attorneys Appellate |
| 21 | | Prosecutor, an agency of State government, may establish |
| 22 | | creditable service for not more than 60 months service for |
| 23 | | such employment by making contributions required under this |
| 24 | | Section. |
| 25 | | (l) By paying the contributions otherwise required under |
| 26 | | this Section, plus an amount determined by the Board to be |
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| 1 | | equal to the employer's normal cost of the benefit plus |
| 2 | | interest, a member may establish service credit for periods of |
| 3 | | less than one year spent on authorized leave of absence from |
| 4 | | service, provided that (1) the period of leave began on or |
| 5 | | after January 1, 1982 and (2) any credit established by the |
| 6 | | member for the period of leave in any other public employee |
| 7 | | retirement system has been terminated. A member may establish |
| 8 | | service credit under this subsection for more than one period |
| 9 | | of authorized leave, and in that case the total period of |
| 10 | | service credit established by the member under this subsection |
| 11 | | may exceed one year. In determining the contributions required |
| 12 | | for establishing service credit under this subsection, the |
| 13 | | interest shall be calculated from the beginning of the leave |
| 14 | | of absence to the date of payment. |
| 15 | | (l-5) By paying the contributions otherwise required under |
| 16 | | this Section, plus an amount determined by the Board to be |
| 17 | | equal to the employer's normal cost of the benefit plus |
| 18 | | interest, a member may establish service credit for periods of |
| 19 | | up to 2 years spent on authorized leave of absence from |
| 20 | | service, provided that during that leave the member |
| 21 | | represented or was employed as an officer or employee of a |
| 22 | | statewide labor organization that represents members of this |
| 23 | | System. In determining the contributions required for |
| 24 | | establishing service credit under this subsection, the |
| 25 | | interest shall be calculated from the beginning of the leave |
| 26 | | of absence to the date of payment. |
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| 1 | | (m) Any person who rendered contractual services to a |
| 2 | | member of the General Assembly as a worker in the member's |
| 3 | | district office may establish creditable service for up to 3 |
| 4 | | years of those contractual services by making the |
| 5 | | contributions required under this Section. The System shall |
| 6 | | determine a full-time salary equivalent for the purpose of |
| 7 | | calculating the required contribution. To establish credit |
| 8 | | under this subsection, the applicant must apply to the System |
| 9 | | by March 1, 1998. |
| 10 | | (n) Any person who rendered contractual services to a |
| 11 | | member of the General Assembly as a worker providing |
| 12 | | constituent services to persons in the member's district may |
| 13 | | establish creditable service for up to 8 years of those |
| 14 | | contractual services by making the contributions required |
| 15 | | under this Section. The System shall determine a full-time |
| 16 | | salary equivalent for the purpose of calculating the required |
| 17 | | contribution. To establish credit under this subsection, the |
| 18 | | applicant must apply to the System by March 1, 1998. |
| 19 | | (o) A member who participated in the Illinois Legislative |
| 20 | | Staff Internship Program may establish creditable service for |
| 21 | | up to one year of that participation by making the |
| 22 | | contribution required under this Section. The System shall |
| 23 | | determine a full-time salary equivalent for the purpose of |
| 24 | | calculating the required contribution. Credit may not be |
| 25 | | established under this subsection for any period for which |
| 26 | | service credit is established under any other provision of |
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| 1 | | this Code. |
| 2 | | (p) By paying the contributions otherwise required under |
| 3 | | this Section, plus an amount determined by the Board to be |
| 4 | | equal to the employer's normal cost of the benefit plus |
| 5 | | interest, a member may establish service credit for a period |
| 6 | | of up to 8 years during which he or she was employed by the |
| 7 | | Visually Handicapped Managers of Illinois in a vending program |
| 8 | | operated under a contractual agreement with the Department of |
| 9 | | Rehabilitation Services or its successor agency. |
| 10 | | This subsection (p) applies without regard to whether the |
| 11 | | person was in service on or after the effective date of this |
| 12 | | amendatory Act of the 94th General Assembly. In the case of a |
| 13 | | person who is receiving a retirement annuity on that effective |
| 14 | | date, the increase, if any, shall begin to accrue on the first |
| 15 | | annuity payment date following receipt by the System of the |
| 16 | | contributions required under this subsection (p). |
| 17 | | (q) By paying the required contributions under this |
| 18 | | Section, plus an amount determined by the Board to be equal to |
| 19 | | the employer's normal cost of the benefit plus interest, an |
| 20 | | employee who was laid off but returned to any State employment |
| 21 | | may establish creditable service for the period of the layoff, |
| 22 | | provided that (1) the applicant applies for the creditable |
| 23 | | service under this subsection (q) within 6 months after July |
| 24 | | 27, 2010 (the effective date of Public Act 96-1320), (2) the |
| 25 | | applicant does not receive credit for that period under any |
| 26 | | other provision of this Code, (3) at the time of the layoff, |
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| 1 | | the applicant is not in an initial probationary status |
| 2 | | consistent with the rules of the Department of Central |
| 3 | | Management Services, and (4) the total amount of creditable |
| 4 | | service established by the applicant under this subsection (q) |
| 5 | | does not exceed 3 years. For service established under this |
| 6 | | subsection (q), the required employee contribution shall be |
| 7 | | based on the rate of compensation earned by the employee on the |
| 8 | | date of returning to employment after the layoff and the |
| 9 | | contribution rate then in effect, and the required interest |
| 10 | | shall be calculated at the actuarially assumed rate from the |
| 11 | | date of returning to employment after the layoff to the date of |
| 12 | | payment. Funding for any new benefit increase, as defined in |
| 13 | | Section 14-152.1 of this Act, that is created under this |
| 14 | | subsection (q) will be provided by the employee contributions |
| 15 | | required under this subsection (q). |
| 16 | | (r) A member who participated in the University of |
| 17 | | Illinois Government Public Service Internship Program (GPSI) |
| 18 | | may establish creditable service for up to 2 years of that |
| 19 | | participation by making the contribution required under this |
| 20 | | Section, plus an amount determined by the Board to be equal to |
| 21 | | the employer's normal cost of the benefit plus interest. The |
| 22 | | System shall determine a full-time salary equivalent for the |
| 23 | | purpose of calculating the required contribution. Credit may |
| 24 | | not be established under this subsection for any period for |
| 25 | | which service credit is established under any other provision |
| 26 | | of this Code. |
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| 1 | | (s) A member who worked as a nurse under a contractual |
| 2 | | agreement for the Department of Public Aid, or its successor |
| 3 | | agency, the Department of Human Services, in the Client |
| 4 | | Assessment Unit and was subsequently determined to be a State |
| 5 | | employee by the United States Internal Revenue Service and the |
| 6 | | Illinois Labor Relations Board may establish creditable |
| 7 | | service for those contractual services by making the |
| 8 | | contributions required under this Section. To establish credit |
| 9 | | under this subsection, the applicant must apply to the System |
| 10 | | by July 1, 2008. |
| 11 | | The Department of Human Services shall pay an employer |
| 12 | | contribution based upon an amount determined by the Board to |
| 13 | | be equal to the employer's normal cost of the benefit, plus |
| 14 | | interest. |
| 15 | | In compliance with Section 14-152.1 added by Public Act |
| 16 | | 94-4, the cost of the benefits provided by Public Act 95-583 |
| 17 | | are offset by the required employee and employer |
| 18 | | contributions. |
| 19 | | (t) Any person who rendered contractual services on a |
| 20 | | full-time basis to the Illinois Institute of Natural Resources |
| 21 | | and the Illinois Department of Energy and Natural Resources |
| 22 | | may establish creditable service for up to 4 years of those |
| 23 | | contractual services by making the contributions required |
| 24 | | under this Section, plus an amount determined by the Board to |
| 25 | | be equal to the employer's normal cost of the benefit plus |
| 26 | | interest at the actuarially assumed rate from the first day of |
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| 1 | | the service for which credit is being established to the date |
| 2 | | of payment. To establish credit under this subsection (t), the |
| 3 | | applicant must apply to the System within 6 months after July |
| 4 | | 27, 2010 (the effective date of Public Act 96-1320). |
| 5 | | (u) By paying the required contributions under this |
| 6 | | Section, plus an amount determined by the Board to be equal to |
| 7 | | the employer's normal cost of the benefit, plus interest, a |
| 8 | | member may establish creditable service and earnings credit |
| 9 | | for periods of furlough beginning on or after July 1, 2008. To |
| 10 | | receive this credit, the participant must (i) apply in writing |
| 11 | | to the System before December 31, 2011 and (ii) not receive |
| 12 | | compensation for the furlough period. For service established |
| 13 | | under this subsection, the required employee contribution |
| 14 | | shall be based on the rate of compensation earned by the |
| 15 | | employee immediately following the date of the first furlough |
| 16 | | day in the time period specified in this subsection (u), and |
| 17 | | the required interest shall be calculated at the actuarially |
| 18 | | assumed rate from the date of the furlough to the date of |
| 19 | | payment. |
| 20 | | (v) Any member who rendered full-time contractual services |
| 21 | | to an Illinois Veterans Home operated by the Department of |
| 22 | | Veterans Veterans' Affairs may establish service credit for up |
| 23 | | to 8 years of such services by making the contributions |
| 24 | | required under this Section, plus an amount determined by the |
| 25 | | Board to be equal to the employer's normal cost of the benefit, |
| 26 | | plus interest at the actuarially assumed rate. To establish |
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| 1 | | credit under this subsection, the applicant must apply to the |
| 2 | | System no later than 6 months after July 27, 2010 (the |
| 3 | | effective date of Public Act 96-1320). |
| 4 | | (Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09; |
| 5 | | 96-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff. |
| 6 | | 7-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333, |
| 7 | | 8-12-11.) |
| 8 | | Section 150. The Military Family Interstate Compact |
| 9 | | Implementation Statute Drafting Advisory Committee Act is |
| 10 | | amended by changing Section 5 as follows: |
| 11 | | (45 ILCS 175/5) |
| 12 | | Sec. 5. Committee; created; mandate. The Military Family |
| 13 | | Interstate Compact Implementation Statute Drafting Advisory |
| 14 | | Committee is created as an interagency advisory committee to |
| 15 | | develop a comprehensive statute to implement the Interstate |
| 16 | | Compact on Educational Opportunity for Military Children, a |
| 17 | | document developed by the National Military Family |
| 18 | | Association. The Lieutenant Governor is the chair of the |
| 19 | | Committee, which shall be composed of the following |
| 20 | | individuals or agency designees: |
| 21 | | (1) The Lieutenant Governor. |
| 22 | | (2) The Illinois State Board of Education. |
| 23 | | (3) The Department of Commerce and Economic |
| 24 | | Opportunity. |
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| 1 | | (4) The Department of Healthcare and Family Services. |
| 2 | | (5) The Housing Development Authority. |
| 3 | | (6) The Department of Veterans Veterans' Affairs. |
| 4 | | (7) The Department of Military Affairs. |
| 5 | | (8) The Department of Employment Security. |
| 6 | | (9) Any other interested stakeholder, at the |
| 7 | | discretion of the chair. |
| 8 | | The Committee shall meet at a time and place designated by |
| 9 | | the chair, but in no case shall the Committee meet less often |
| 10 | | than once each month, until it has fulfilled all the |
| 11 | | obligations delineated in this Act. |
| 12 | | All meetings of the Committee are subject to the |
| 13 | | provisions of the Open Meetings Act. |
| 14 | | All proceedings of the Committee and documents produced by |
| 15 | | the Committee are subject to the provisions of the Freedom of |
| 16 | | Information Act. |
| 17 | | The Committee shall draft and submit to the General |
| 18 | | Assembly a model implementation statute and a report outlining |
| 19 | | all the issues raised by the implementation by no later than |
| 20 | | December 31, 2008 or within 90 days after the effective date of |
| 21 | | this Act, whichever is later. |
| 22 | | The Office of the Lieutenant Governor shall provide staff |
| 23 | | and administrative support to the Committee. |
| 24 | | (Source: P.A. 95-736, eff. 7-16-08.) |
| 25 | | Section 155. The Counties Code is amended by changing |
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| 1 | | Section 3-5015 as follows: |
| 2 | | (55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015) |
| 3 | | Sec. 3-5015. Certificates of discharge or release from |
| 4 | | active duty. Certificates of discharge or MEMBER-4 copy of |
| 5 | | certificate of release or discharge from active duty of |
| 6 | | honorably discharged or separated members of the military, |
| 7 | | aviation and naval forces of the United States shall be |
| 8 | | recorded by each recorder, free of charge, in a separate book |
| 9 | | or computer database which shall be kept for the purpose. The |
| 10 | | recorder in counties of over 500,000 population shall as soon |
| 11 | | as practicable after the recording of the original discharge |
| 12 | | certificate or MEMBER-4 copy of certificate of release or |
| 13 | | discharge from active duty, deliver to each of the persons |
| 14 | | named in the discharge certificate or MEMBER-4 copy of |
| 15 | | certificate of release or discharge from active duty, or the |
| 16 | | person's agent, one certified copy of the person's discharge |
| 17 | | certificate or MEMBER-4 copy of certificate of release or |
| 18 | | discharge from active duty without charge. Additional |
| 19 | | certified copies shall be furnished by the recorder upon the |
| 20 | | payment to the recorder of a fee of $1.25, payable in advance, |
| 21 | | for each such additional certified copy. The recorder may |
| 22 | | waive the fee for reasonable requests for additional copies if |
| 23 | | the recorder deems collecting the fee to be a burden to the |
| 24 | | county, but only if the fee is waived for all reasonable |
| 25 | | requests for additional copies under this Section. |
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| 1 | | Upon the delivery of the certificate of discharge or |
| 2 | | MEMBER-4 copy of certificate of release or discharge from |
| 3 | | active duty after the recordation thereof is completed, and |
| 4 | | the delivery of one certified copy thereof to the person named |
| 5 | | in the discharge certificate or MEMBER-4 copy of certificate |
| 6 | | of release or discharge from active duty or the person's |
| 7 | | agent, the receipt theretofore issued by the recorder, or a |
| 8 | | copy thereof shall be surrendered to the recorder, with a |
| 9 | | signed statement acknowledging the receipt of the discharge |
| 10 | | certificate or MEMBER-4 copy of certificate of release or |
| 11 | | discharge from active duty and the certified copy thereof. |
| 12 | | Certified copies of the certificates of discharge or |
| 13 | | MEMBER-4 copy of certificate of release or discharge from |
| 14 | | active duty furnished by the recorder may vary from the size of |
| 15 | | the original, if in the judgment of the recorder, such |
| 16 | | certified copies are complete and legible. |
| 17 | | A military discharge form (DD-214) or any other |
| 18 | | certificate of discharge or release from active duty document |
| 19 | | that was issued by the United States government or any state |
| 20 | | government in reference to those who served with an active or |
| 21 | | inactive military reserve unit or National Guard force and |
| 22 | | that was recorded by a County Clerk or Recorder of Deeds is not |
| 23 | | subject to public inspection, enjoying all the protection |
| 24 | | covered by the federal Privacy Act of 1974 or any other privacy |
| 25 | | law. These documents shall be accessible only to the person |
| 26 | | named in the document, the named person's dependents, the |
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| 1 | | county veterans' service officer, representatives of the |
| 2 | | Department of Veterans Veterans' Affairs, or any person with |
| 3 | | written authorization from the named person or the named |
| 4 | | person's dependents. Notwithstanding any other provision in |
| 5 | | this paragraph, these documents shall be made available for |
| 6 | | public inspection and copying in accordance with the archival |
| 7 | | schedule adopted by the National Archives and Records |
| 8 | | Administration and subject to redaction of information that is |
| 9 | | considered private under the Illinois Freedom of Information |
| 10 | | Act, the federal Freedom of Information Act, and the federal |
| 11 | | Privacy Act. |
| 12 | | (Source: P.A. 103-400, eff. 1-1-24.) |
| 13 | | Section 160. The Counties Code is amended by changing |
| 14 | | Section 5-12022 as follows: |
| 15 | | (55 ILCS 5/5-12022) |
| 16 | | Sec. 5-12022. Building permit fee for veterans with a |
| 17 | | disability. |
| 18 | | (a) A veteran with a disability or the veteran's caregiver |
| 19 | | shall not be charged any building permit fee for improvements |
| 20 | | to the residence of the veteran with a disability if the |
| 21 | | improvements are required to accommodate a disability of the |
| 22 | | veteran. Nothing in this subsection changes the obligation of |
| 23 | | any person to submit to the county applications, forms, or |
| 24 | | other paperwork to obtain a building permit. A veteran or |
|
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| 1 | | caregiver must provide proof of veteran status and attest to |
| 2 | | the fact that the improvements to the residence are required |
| 3 | | to accommodate the veteran's disability. Proof of veteran |
| 4 | | status is to be construed liberally, and veteran status shall |
| 5 | | include service in the Armed Forces of the United States, |
| 6 | | National Guard, or the reserves of the Armed Forces of the |
| 7 | | United States. |
| 8 | | (b) What constitutes proof of veteran status shall be |
| 9 | | determined by the county. The Illinois Department of Veterans |
| 10 | | Veterans' Affairs may not adjudicate any dispute arising under |
| 11 | | subsection paragraph (a). |
| 12 | | (c) A home rule county may not regulate building permit |
| 13 | | fees in a manner inconsistent with this Section. This Section |
| 14 | | is a limitation under subsection (i) of Section 6 of Article |
| 15 | | VII of the Illinois Constitution on the concurrent exercise by |
| 16 | | home rule units of powers and functions exercised by the |
| 17 | | State. |
| 18 | | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.) |
| 19 | | Section 165. The Township Code is amended by changing |
| 20 | | Section 110-17 as follows: |
| 21 | | (60 ILCS 1/110-17) |
| 22 | | Sec. 110-17. Building permit fee for veterans with a |
| 23 | | disability. A veteran with a disability or the veteran's |
| 24 | | caregiver shall not be charged any building permit fee for |
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| 1 | | improvements to the residence of the veteran with a disability |
| 2 | | if the improvements are required to accommodate a disability |
| 3 | | of the veteran. Nothing in this Section changes the obligation |
| 4 | | of any person to submit to the township applications, forms, |
| 5 | | or other paperwork to obtain a building permit. A veteran or |
| 6 | | caregiver must provide proof of veteran status and attest to |
| 7 | | the fact that the improvements to the residence are required |
| 8 | | to accommodate the veteran's disability. Proof of veteran |
| 9 | | status is to be construed liberally, and veteran status shall |
| 10 | | include service in the Armed Forces of the United States, |
| 11 | | National Guard, or the reserves of the Armed Forces of the |
| 12 | | United States. What constitutes proof of veteran status shall |
| 13 | | be determined by the township. The Illinois Department of |
| 14 | | Veterans Veterans' Affairs may not adjudicate any dispute |
| 15 | | arising under this paragraph. |
| 16 | | (Source: P.A. 103-621, eff. 1-1-25.) |
| 17 | | Section 170. The Illinois Municipal Code is amended by |
| 18 | | changing Section 11-13-28 as follows: |
| 19 | | (65 ILCS 5/11-13-28) |
| 20 | | Sec. 11-13-28. Building permit fee for veterans with a |
| 21 | | disability. |
| 22 | | (a) A veteran with a disability or the veteran's caregiver |
| 23 | | shall not be charged any building permit fee for improvements |
| 24 | | to the residence of the veteran with a disability if the |
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| 1 | | improvements are required to accommodate a disability of the |
| 2 | | veteran. Nothing in this subsection changes the obligation of |
| 3 | | any person to submit to the municipality applications, forms, |
| 4 | | or other paperwork to obtain a building permit. A veteran or |
| 5 | | caregiver must provide proof of veteran status and attest to |
| 6 | | the fact that the improvements to the residence are required |
| 7 | | to accommodate the veteran's disability. Proof of veteran |
| 8 | | status is to be construed liberally, and veteran status shall |
| 9 | | include service in the Armed Forces of the United States, |
| 10 | | National Guard, or the reserves of the Armed Forces of the |
| 11 | | United States. |
| 12 | | (b) What constitutes proof of veteran status shall be |
| 13 | | determined by the municipality. The Illinois Department of |
| 14 | | Veterans Veterans' Affairs may not adjudicate any dispute |
| 15 | | arising under subsection paragraph (a). |
| 16 | | (c) A home rule municipality may not regulate building |
| 17 | | permit fees in a manner inconsistent with this Section. This |
| 18 | | Section is a limitation under subsection (i) of Section 6 of |
| 19 | | Article VII of the Illinois Constitution on the concurrent |
| 20 | | exercise by home rule units of powers and functions exercised |
| 21 | | by the State. |
| 22 | | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.) |
| 23 | | Section 175. The School Code is amended by changing |
| 24 | | Section 30-14.2 as follows: |
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| 1 | | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2) |
| 2 | | Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' |
| 3 | | Dependents scholarship. |
| 4 | | (a) Any spouse, natural child, legally adopted child under |
| 5 | | the age of 18 at the time of adoption, minor child younger than |
| 6 | | 18 who is under a court-ordered guardianship for at least 2 |
| 7 | | continuous years prior to application, or step-child under the |
| 8 | | age of 18 at the time of marriage of an eligible veteran or |
| 9 | | serviceperson who possesses all necessary entrance |
| 10 | | requirements shall, upon application and proper proof, be |
| 11 | | awarded a MIA/POW Scholarship consisting of the equivalent of |
| 12 | | 4 calendar years of full-time enrollment including summer |
| 13 | | terms, to the state supported Illinois institution of higher |
| 14 | | learning of his choice, subject to the restrictions listed |
| 15 | | below. |
| 16 | | "Eligible veteran or serviceperson" means any veteran or |
| 17 | | serviceperson, including an Illinois National Guard member who |
| 18 | | is on active duty or is active on a training assignment, who |
| 19 | | has been declared by the U.S. Department of Defense or the U.S. |
| 20 | | Department of Veterans Affairs to be a prisoner of war or |
| 21 | | missing in action, or has died as the result of a |
| 22 | | service-connected disability or has become a person with a |
| 23 | | permanent disability from service-connected causes with 100% |
| 24 | | disability and who (i) at the time of entering service was an |
| 25 | | Illinois resident, or (ii) was an Illinois resident within 6 |
| 26 | | months after entering such service, or (iii) is a resident of |
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| 1 | | Illinois at the time of application for the Scholarship and, |
| 2 | | at some point after entering such service, was a resident of |
| 3 | | Illinois for at least 15 consecutive years. |
| 4 | | Full-time enrollment means 12 or more semester hours of |
| 5 | | courses per semester, or 12 or more quarter hours of courses |
| 6 | | per quarter, or the equivalent thereof per term. Scholarships |
| 7 | | utilized by dependents enrolled in less than full-time study |
| 8 | | shall be computed in the proportion which the number of hours |
| 9 | | so carried bears to full-time enrollment. |
| 10 | | Scholarships awarded under this Section may be used by a |
| 11 | | spouse or child without regard to his or her age. The holder of |
| 12 | | a Scholarship awarded under this Section shall be subject to |
| 13 | | all examinations and academic standards, including the |
| 14 | | maintenance of minimum grade levels, that are applicable |
| 15 | | generally to other enrolled students at the Illinois |
| 16 | | institution of higher learning where the Scholarship is being |
| 17 | | used. If the surviving spouse remarries or if there is a |
| 18 | | divorce between the veteran or serviceperson and his or her |
| 19 | | spouse while the dependent is pursuing his or her course of |
| 20 | | study, Scholarship benefits will be terminated at the end of |
| 21 | | the term for which he or she is presently enrolled. Such |
| 22 | | dependents shall also be entitled, upon proper proof and |
| 23 | | application, to enroll in any extension course offered by a |
| 24 | | State supported Illinois institution of higher learning |
| 25 | | without payment of tuition and approved fees. |
| 26 | | The holder of a MIA/POW Scholarship authorized under this |
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| 1 | | Section shall not be required to pay any tuition or mandatory |
| 2 | | fees while attending a State-controlled university or public |
| 3 | | community college in this State for a period equivalent to 4 |
| 4 | | years of enrollment, including summer terms. |
| 5 | | Any dependent who has been or shall be awarded a MIA/POW |
| 6 | | Scholarship shall be reimbursed by the appropriate institution |
| 7 | | of higher learning for any fees which he or she has paid and |
| 8 | | for which exemption is granted under this Section if |
| 9 | | application for reimbursement is made within 2 months |
| 10 | | following the end of the school term for which the fees were |
| 11 | | paid. |
| 12 | | (b) In lieu of the benefit provided in subsection (a), any |
| 13 | | spouse, natural child, legally adopted child, or step-child of |
| 14 | | an eligible veteran or serviceperson, which spouse or child |
| 15 | | has a physical, mental or developmental disability, shall be |
| 16 | | entitled to receive, upon application and proper proof, a |
| 17 | | benefit to be used for the purpose of defraying the cost of the |
| 18 | | attendance or treatment of such spouse or child at one or more |
| 19 | | appropriate therapeutic, rehabilitative or educational |
| 20 | | facilities. The application and proof may be made by the |
| 21 | | parent or legal guardian of the spouse or child on his or her |
| 22 | | behalf. |
| 23 | | The total benefit provided to any beneficiary under this |
| 24 | | subsection shall not exceed the cost equivalent of 4 calendar |
| 25 | | years of full-time enrollment, including summer terms, at the |
| 26 | | University of Illinois. Whenever practicable in the opinion of |
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| 1 | | the Department of Veterans Veterans' Affairs, payment of |
| 2 | | benefits under this subsection shall be made directly to the |
| 3 | | facility, the cost of attendance or treatment at which is |
| 4 | | being defrayed, as such costs accrue. |
| 5 | | (c) The benefits of this Section shall be administered by |
| 6 | | and paid for out of funds made available to the Illinois |
| 7 | | Department of Veterans Veterans' Affairs. The amounts that |
| 8 | | become due to any state supported Illinois institution of |
| 9 | | higher learning shall be payable by the Comptroller to such |
| 10 | | institution on vouchers approved by the Illinois Department of |
| 11 | | Veterans Veterans' Affairs. The amounts that become due under |
| 12 | | subsection (b) of this Section shall be payable by warrant |
| 13 | | upon vouchers issued by the Illinois Department of Veterans |
| 14 | | Veterans' Affairs and approved by the Comptroller. The |
| 15 | | Illinois Department of Veterans Veterans' Affairs shall |
| 16 | | determine the eligibility of the persons who make application |
| 17 | | for the benefits provided for in this Section. |
| 18 | | (Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.) |
| 19 | | Section 180. The Higher Education Veterans Service Act is |
| 20 | | amended by changing Section 15 as follows: |
| 21 | | (110 ILCS 49/15) |
| 22 | | Sec. 15. Survey; coordinator; best practices report; best |
| 23 | | efforts. |
| 24 | | (a) All public colleges and universities shall, within 60 |
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| 1 | | days after the effective date of this Act, conduct a survey of |
| 2 | | the services and programs that are provided for veterans, |
| 3 | | active duty military personnel, and their families, at each of |
| 4 | | their respective campuses. This survey shall enumerate and |
| 5 | | fully describe the service or program that is available, the |
| 6 | | number of veterans or active duty personnel using the service |
| 7 | | or program, an estimated range for potential use within a |
| 8 | | 5-year and 10-year period, information on the location of the |
| 9 | | service or program, and how its administrators may be |
| 10 | | contacted. The survey shall indicate the manner or manners in |
| 11 | | which a student veteran may avail himself or herself of the |
| 12 | | program's services. This survey must be made available to all |
| 13 | | veterans matriculating at the college or university in the |
| 14 | | form of an orientation-related guidebook. |
| 15 | | Each public college and university shall make the survey |
| 16 | | available on the homepage of all campus Internet links as soon |
| 17 | | as practical after the completion of the survey. As soon as |
| 18 | | possible after the completion of the survey, each public |
| 19 | | college and university shall provide a copy of its survey to |
| 20 | | the following: |
| 21 | | (1) the Board of Higher Education; |
| 22 | | (2) the Department of Veterans Veterans' Affairs; |
| 23 | | (3) the President and Minority Leader of the Senate |
| 24 | | and the Speaker and Minority Leader of the House of |
| 25 | | Representatives; and |
| 26 | | (4) the Governor. |
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| 1 | | (b) Each public college and university shall, at its |
| 2 | | discretion, (i) appoint, within 6 months after August 7, 2009 |
| 3 | | (the effective date of this Act), an existing employee or (ii) |
| 4 | | hire a new employee to serve as a Coordinator of Veterans and |
| 5 | | Military Personnel Student Services on each campus of the |
| 6 | | college or university that has an onsite, daily, full-time |
| 7 | | student headcount above 1,000 students. |
| 8 | | The Coordinator of Veterans and Military Personnel Student |
| 9 | | Services shall be an ombudsperson serving the specific needs |
| 10 | | of student veterans and military personnel and their families |
| 11 | | and shall serve as an advocate before the administration of |
| 12 | | the college or university for the needs of student veterans. |
| 13 | | The college or university shall enable the Coordinator of |
| 14 | | Veterans and Military Personnel Student Services to |
| 15 | | communicate directly with the senior executive administration |
| 16 | | of the college or university periodically. The college or |
| 17 | | university shall retain unfettered discretion to determine the |
| 18 | | organizational management structure of its institution. |
| 19 | | In addition to any responsibilities the college or |
| 20 | | university may assign, the Coordinator of Veterans and |
| 21 | | Military Personnel Student Services shall make its best |
| 22 | | efforts to create a centralized source for student veterans |
| 23 | | and military personnel to learn how to receive all benefit |
| 24 | | programs and services for which they are eligible. |
| 25 | | Each college and university campus that is required to |
| 26 | | have a Coordinator of Veterans and Military Personnel Student |
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| 1 | | Services shall regularly and conspicuously advertise the |
| 2 | | office location and phone number of and Internet access to the |
| 3 | | Coordinator of Veterans and Military Personnel Student |
| 4 | | Services, along with a brief summary of the manner in which he |
| 5 | | or she can assist student veterans. The advertisement shall |
| 6 | | include, but is not necessarily limited to, the following: |
| 7 | | (1) advertisements on each campus' Internet home page; |
| 8 | | (2) any promotional mailings for student application; |
| 9 | | and |
| 10 | | (3) the website and any social media accounts of the |
| 11 | | public college or university. |
| 12 | | The Coordinator of Veterans and Military Personnel Student |
| 13 | | Services shall facilitate other campus offices with the |
| 14 | | promotion of programs and services that are available. |
| 15 | | (c) Upon receipt of all of the surveys under subsection |
| 16 | | (a) of this Section, the Board of Higher Education and the |
| 17 | | Department of Veterans Veterans' Affairs shall conduct a joint |
| 18 | | review of the surveys. The Department of Veterans Veterans' |
| 19 | | Affairs shall post, on any Internet home page it may operate, a |
| 20 | | link to each survey as posted on the Internet website for the |
| 21 | | college or university. The Board of Higher Education shall |
| 22 | | post, on any Internet home page it may operate, a link to each |
| 23 | | survey as posted on the Internet website for the college or |
| 24 | | university or an annual report or document containing survey |
| 25 | | information for each college or university. Upon receipt of |
| 26 | | all of the surveys, the Office of the Governor, through its |
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| 1 | | military affairs advisors, shall similarly conduct a review of |
| 2 | | the surveys. Following its review of the surveys, the Office |
| 3 | | of the Governor shall submit an evaluation report to each |
| 4 | | college and university offering suggestions and insight on the |
| 5 | | conduct of student veteran-related policies and programs. |
| 6 | | (d) The Board of Higher Education and the Department of |
| 7 | | Veterans Veterans' Affairs may issue a best practices report |
| 8 | | to highlight those programs and services that are most |
| 9 | | beneficial to veterans and active duty military personnel. The |
| 10 | | report shall contain a fiscal needs assessment in conjunction |
| 11 | | with any program recommendations. |
| 12 | | (e) Each college and university campus that is required to |
| 13 | | have a Coordinator of Veterans and Military Personnel Student |
| 14 | | Services under subsection (b) of this Section shall make its |
| 15 | | best efforts to create academic and social programs and |
| 16 | | services for veterans and active duty military personnel that |
| 17 | | will provide reasonable opportunities for academic performance |
| 18 | | and success. |
| 19 | | Each public college and university shall make its best |
| 20 | | efforts to determine how its online educational curricula can |
| 21 | | be expanded or altered to serve the needs of student veterans |
| 22 | | and currently deployed military, including a determination of |
| 23 | | whether and to what extent the public colleges and |
| 24 | | universities can share existing technologies to improve the |
| 25 | | online curricula of peer institutions, provided such efforts |
| 26 | | are both practically and economically feasible. |
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| 1 | | (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; |
| 2 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
| 3 | | Section 190. The University of Illinois Act is amended by |
| 4 | | changing Section 8 as follows: |
| 5 | | (110 ILCS 305/8) (from Ch. 144, par. 29) |
| 6 | | Sec. 8. Admissions. |
| 7 | | (a) (Blank). |
| 8 | | (b) No new student shall be admitted to instruction in any |
| 9 | | of the departments or colleges of the University unless such |
| 10 | | student also has satisfactorily completed: |
| 11 | | (1) at least 15 units of high school coursework from |
| 12 | | the following 5 categories: |
| 13 | | (A) 4 years of English (emphasizing written and |
| 14 | | oral communications and literature), of which up to 2 |
| 15 | | years may be collegiate level instruction; |
| 16 | | (B) 3 years of social studies (emphasizing history |
| 17 | | and government); |
| 18 | | (C) 3 years of mathematics (introductory through |
| 19 | | advanced algebra, geometry, trigonometry, or |
| 20 | | fundamentals of computer programming); |
| 21 | | (D) 3 years of science (laboratory sciences or |
| 22 | | agricultural sciences); and |
| 23 | | (E) 2 years of electives in foreign language |
| 24 | | (which may be deemed to include American Sign |
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| 1 | | Language), music, career and technical education, |
| 2 | | agricultural education, or art; |
| 3 | | (2) except that institutions may admit individual |
| 4 | | applicants if the institution determines through |
| 5 | | assessment or through evaluation based on learning |
| 6 | | outcomes of the coursework taken, including career and |
| 7 | | technical education courses and courses taken in a charter |
| 8 | | school established under Article 27A of the School Code, |
| 9 | | that the applicant demonstrates knowledge and skills |
| 10 | | substantially equivalent to the knowledge and skills |
| 11 | | expected to be acquired in the high school courses |
| 12 | | required for admission. The Board of Trustees of the |
| 13 | | University of Illinois shall not discriminate in the |
| 14 | | University's admissions process against an applicant for |
| 15 | | admission because of the applicant's enrollment in a |
| 16 | | charter school established under Article 27A of the School |
| 17 | | Code. Institutions may also admit 1) applicants who did |
| 18 | | not have an opportunity to complete the minimum college |
| 19 | | preparatory curriculum in high school, and 2) |
| 20 | | educationally disadvantaged applicants who are admitted to |
| 21 | | the formal organized special assistance programs that are |
| 22 | | tailored to the needs of such students, providing that in |
| 23 | | either case, the institution incorporates in the |
| 24 | | applicant's baccalaureate curriculum courses or other |
| 25 | | academic activities that compensate for course |
| 26 | | deficiencies; and |
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| 1 | | (3) except that up to 3 of the 15 units of coursework |
| 2 | | required by paragraph (1) of this subsection may be |
| 3 | | distributed by deducting no more than one unit each from |
| 4 | | the categories of social studies, mathematics, sciences |
| 5 | | and electives and completing those 3 units in any of the 5 |
| 6 | | categories of coursework described in paragraph (1). |
| 7 | | (c) When allocating funds, local boards of education shall |
| 8 | | recognize their obligation to their students to offer the |
| 9 | | coursework required by subsection (b). |
| 10 | | (d) A student who has graduated from high school and has |
| 11 | | scored within the University's accepted range on the ACT or |
| 12 | | SAT shall not be required to take a high school equivalency |
| 13 | | test as a prerequisite to admission. |
| 14 | | (e) The Board of Trustees shall establish an admissions |
| 15 | | process in which honorably discharged veterans are permitted |
| 16 | | to submit an application for admission to the University as a |
| 17 | | freshman student enrolling in the spring semester if the |
| 18 | | veteran was on active duty during the fall semester. The |
| 19 | | University may request that the Department of Veterans |
| 20 | | Veterans' Affairs confirm the status of an applicant as an |
| 21 | | honorably discharged veteran who was on active duty during the |
| 22 | | fall semester. |
| 23 | | (f) Beginning with the 2025-2026 academic year, the |
| 24 | | University shall provide all Illinois students transferring |
| 25 | | from a public community college in this State with the |
| 26 | | University's undergraduate transfer admissions application fee |
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| 1 | | waiver policy and, if such a policy exists, any application or |
| 2 | | forms necessary to apply for a fee waiver as part of the |
| 3 | | University's transfer admissions process. The University is |
| 4 | | encouraged to develop a policy to automatically waive the |
| 5 | | undergraduate transfer admissions application fee for |
| 6 | | low-income Illinois students transferring from a public |
| 7 | | community college in this State. The University shall post |
| 8 | | this policy in an easily accessible place on the University's |
| 9 | | Internet website. |
| 10 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 11 | | 103-936, eff. 8-9-24.) |
| 12 | | Section 195. The Southern Illinois University Management |
| 13 | | Act is amended by changing Section 8e as follows: |
| 14 | | (110 ILCS 520/8e) (from Ch. 144, par. 658e) |
| 15 | | Sec. 8e. Admissions. |
| 16 | | (a) No new student shall be admitted to instruction in any |
| 17 | | of the departments or colleges of the University unless such |
| 18 | | student also has satisfactorily completed: |
| 19 | | (1) at least 15 units of high school coursework from |
| 20 | | the following 5 categories: |
| 21 | | (A) 4 years of English (emphasizing written and |
| 22 | | oral communications and literature), of which up to 2 |
| 23 | | years may be collegiate level instruction; |
| 24 | | (B) 3 years of social studies (emphasizing history |
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| 1 | | and government); |
| 2 | | (C) 3 years of mathematics (introductory through |
| 3 | | advanced algebra, geometry, trigonometry, or |
| 4 | | fundamentals of computer programming); |
| 5 | | (D) 3 years of science (laboratory sciences or |
| 6 | | agricultural sciences); and |
| 7 | | (E) 2 years of electives in foreign language |
| 8 | | (which may be deemed to include American Sign |
| 9 | | Language), music, career and technical education, |
| 10 | | agricultural education, or art; |
| 11 | | (2) except that institutions may admit individual |
| 12 | | applicants if the institution determines through |
| 13 | | assessment or through evaluation based on learning |
| 14 | | outcomes of the coursework taken, including career and |
| 15 | | technical education courses and courses taken in a charter |
| 16 | | school established under Article 27A of the School Code, |
| 17 | | that the applicant demonstrates knowledge and skills |
| 18 | | substantially equivalent to the knowledge and skills |
| 19 | | expected to be acquired in the high school courses |
| 20 | | required for admission. The Board of Trustees of Southern |
| 21 | | Illinois University shall not discriminate in the |
| 22 | | University's admissions process against an applicant for |
| 23 | | admission because of the applicant's enrollment in a |
| 24 | | charter school established under Article 27A of the School |
| 25 | | Code. Institutions may also admit 1) applicants who did |
| 26 | | not have an opportunity to complete the minimum college |
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| 1 | | preparatory curriculum in high school, and 2) |
| 2 | | educationally disadvantaged applicants who are admitted to |
| 3 | | the formal organized special assistance programs that are |
| 4 | | tailored to the needs of such students, providing that in |
| 5 | | either case, the institution incorporates in the |
| 6 | | applicant's baccalaureate curriculum courses or other |
| 7 | | academic activities that compensate for course |
| 8 | | deficiencies; and |
| 9 | | (3) except that up to 3 of 15 units of coursework |
| 10 | | required by paragraph (1) of this subsection may be |
| 11 | | distributed by deducting no more than one unit each from |
| 12 | | the categories of social studies, mathematics, sciences |
| 13 | | and electives and completing those 3 units in any of the 5 |
| 14 | | categories of coursework described in paragraph (1). |
| 15 | | (b) When allocating funds, local boards of education shall |
| 16 | | recognize their obligation to their students to offer the |
| 17 | | coursework required by subsection (a). |
| 18 | | (c) A student who has graduated from high school and has |
| 19 | | scored within the University's accepted range on the ACT or |
| 20 | | SAT shall not be required to take a high school equivalency |
| 21 | | test as a prerequisite to admission. |
| 22 | | (d) The Board shall establish an admissions process in |
| 23 | | which honorably discharged veterans are permitted to submit an |
| 24 | | application for admission to the University as a freshman |
| 25 | | student enrolling in the spring semester if the veteran was on |
| 26 | | active duty during the fall semester. The University may |
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| 1 | | request that the Department of Veterans Veterans' Affairs |
| 2 | | confirm the status of an applicant as an honorably discharged |
| 3 | | veteran who was on active duty during the fall semester. |
| 4 | | (e) Beginning with the 2025-2026 academic year, the |
| 5 | | University shall provide all Illinois students transferring |
| 6 | | from a public community college in this State with the |
| 7 | | University's undergraduate transfer admissions application fee |
| 8 | | waiver policy and, if such a policy exists, any application or |
| 9 | | forms necessary to apply for a fee waiver as part of the |
| 10 | | University's transfer admissions process. The University is |
| 11 | | encouraged to develop a policy to automatically waive the |
| 12 | | undergraduate transfer admissions application fee for |
| 13 | | low-income Illinois students transferring from a public |
| 14 | | community college in this State. The University shall post |
| 15 | | this policy in an easily accessible place on the University's |
| 16 | | Internet website. |
| 17 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 18 | | 103-936, eff. 8-9-24.) |
| 19 | | Section 200. The Chicago State University Law is amended |
| 20 | | by changing Section 5-85 as follows: |
| 21 | | (110 ILCS 660/5-85) |
| 22 | | Sec. 5-85. Admissions. |
| 23 | | (a) No new student shall be admitted to instruction in any |
| 24 | | of the departments or colleges of the Chicago State University |
|
| | HB2547 Enrolled | - 155 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | unless such student also has satisfactorily completed: |
| 2 | | (1) at least 15 units of high school coursework from |
| 3 | | the following 5 categories: |
| 4 | | (A) 4 years of English (emphasizing written and |
| 5 | | oral communications and literature), of which up to 2 |
| 6 | | years may be collegiate level instruction; |
| 7 | | (B) 3 years of social studies (emphasizing history |
| 8 | | and government); |
| 9 | | (C) 3 years of mathematics (introductory through |
| 10 | | advanced algebra, geometry, trigonometry, or |
| 11 | | fundamentals of computer programming); |
| 12 | | (D) 3 years of science (laboratory sciences or |
| 13 | | agricultural sciences); and |
| 14 | | (E) 2 years of electives in foreign language |
| 15 | | (which may be deemed to include American Sign |
| 16 | | Language), music, career and technical education, |
| 17 | | agricultural education, or art; |
| 18 | | (2) except that Chicago State University may admit |
| 19 | | individual applicants if it determines through assessment |
| 20 | | or through evaluation based on learning outcomes of the |
| 21 | | coursework taken, including career and technical education |
| 22 | | courses and courses taken in a charter school established |
| 23 | | under Article 27A of the School Code, that the applicant |
| 24 | | demonstrates knowledge and skills substantially equivalent |
| 25 | | to the knowledge and skills expected to be acquired in the |
| 26 | | high school courses required for admission. The Board of |
|
| | HB2547 Enrolled | - 156 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | Trustees of Chicago State University shall not |
| 2 | | discriminate in the University's admissions process |
| 3 | | against an applicant for admission because of the |
| 4 | | applicant's enrollment in a charter school established |
| 5 | | under Article 27A of the School Code. Chicago State |
| 6 | | University may also admit (i) applicants who did not have |
| 7 | | an opportunity to complete the minimum college preparatory |
| 8 | | curriculum in high school, and (ii) educationally |
| 9 | | disadvantaged applicants who are admitted to the formal |
| 10 | | organized special assistance programs that are tailored to |
| 11 | | the needs of such students, providing that in either case, |
| 12 | | the institution incorporates in the applicant's |
| 13 | | baccalaureate curriculum courses or other academic |
| 14 | | activities that compensate for course deficiencies; and |
| 15 | | (3) except that up to 3 of 15 units of coursework |
| 16 | | required by paragraph (1) of this subsection may be |
| 17 | | distributed by deducting no more than one unit each from |
| 18 | | the categories of social studies, mathematics, sciences |
| 19 | | and electives and completing those 3 units in any of the 5 |
| 20 | | categories of coursework described in paragraph (1). |
| 21 | | (b) When allocating funds, local boards of education shall |
| 22 | | recognize their obligation to their students to offer the |
| 23 | | coursework required by subsection (a). |
| 24 | | (c) A student who has graduated from high school and has |
| 25 | | scored within the University's accepted range on the ACT or |
| 26 | | SAT shall not be required to take a high school equivalency |
|
| | HB2547 Enrolled | - 157 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | test as a prerequisite to admission. |
| 2 | | (d) The Board shall establish an admissions process in |
| 3 | | which honorably discharged veterans are permitted to submit an |
| 4 | | application for admission to the University as a freshman |
| 5 | | student enrolling in the spring semester if the veteran was on |
| 6 | | active duty during the fall semester. The University may |
| 7 | | request that the Department of Veterans Veterans' Affairs |
| 8 | | confirm the status of an applicant as an honorably discharged |
| 9 | | veteran who was on active duty during the fall semester. |
| 10 | | (e) Beginning with the 2025-2026 academic year, the |
| 11 | | University shall provide all Illinois students transferring |
| 12 | | from a public community college in this State with the |
| 13 | | University's undergraduate transfer admissions application fee |
| 14 | | waiver policy and, if such a policy exists, any application or |
| 15 | | forms necessary to apply for a fee waiver as part of the |
| 16 | | University's transfer admissions process. The University is |
| 17 | | encouraged to develop a policy to automatically waive the |
| 18 | | undergraduate transfer admissions application fee for |
| 19 | | low-income Illinois students transferring from a public |
| 20 | | community college in this State. The University shall post |
| 21 | | this policy in an easily accessible place on the University's |
| 22 | | Internet website. |
| 23 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 24 | | 103-936, eff. 8-9-24.) |
| 25 | | Section 205. The Eastern Illinois University Law is |
|
| | HB2547 Enrolled | - 158 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | amended by changing Section 10-85 as follows: |
| 2 | | (110 ILCS 665/10-85) |
| 3 | | Sec. 10-85. Admissions. |
| 4 | | (a) No new student shall be admitted to instruction in any |
| 5 | | of the departments or colleges of the Eastern Illinois |
| 6 | | University unless such student also has satisfactorily |
| 7 | | completed: |
| 8 | | (1) at least 15 units of high school coursework from |
| 9 | | the following 5 categories: |
| 10 | | (A) 4 years of English (emphasizing written and |
| 11 | | oral communications and literature), of which up to 2 |
| 12 | | years may be collegiate level instruction; |
| 13 | | (B) 3 years of social studies (emphasizing history |
| 14 | | and government); |
| 15 | | (C) 3 years of mathematics (introductory through |
| 16 | | advanced algebra, geometry, trigonometry, or |
| 17 | | fundamentals of computer programming); |
| 18 | | (D) 3 years of science (laboratory sciences or |
| 19 | | agricultural sciences); and |
| 20 | | (E) 2 years of electives in foreign language |
| 21 | | (which may be deemed to include American Sign |
| 22 | | Language), music, career and technical education, |
| 23 | | agricultural education, or art; |
| 24 | | (2) except that Eastern Illinois University may admit |
| 25 | | individual applicants if it determines through assessment |
|
| | HB2547 Enrolled | - 159 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | or through evaluation based on learning outcomes of the |
| 2 | | coursework taken, including career and technical education |
| 3 | | courses and courses taken in a charter school established |
| 4 | | under Article 27A of the School Code, that the applicant |
| 5 | | demonstrates knowledge and skills substantially equivalent |
| 6 | | to the knowledge and skills expected to be acquired in the |
| 7 | | high school courses required for admission. The Board of |
| 8 | | Trustees of Eastern Illinois University shall not |
| 9 | | discriminate in the University's admissions process |
| 10 | | against an applicant for admission because of the |
| 11 | | applicant's enrollment in a charter school established |
| 12 | | under Article 27A of the School Code. Eastern Illinois |
| 13 | | University may also admit (i) applicants who did not have |
| 14 | | an opportunity to complete the minimum college preparatory |
| 15 | | curriculum in high school, and (ii) educationally |
| 16 | | disadvantaged applicants who are admitted to the formal |
| 17 | | organized special assistance programs that are tailored to |
| 18 | | the needs of such students, providing that in either case, |
| 19 | | the institution incorporates in the applicant's |
| 20 | | baccalaureate curriculum courses or other academic |
| 21 | | activities that compensate for course deficiencies; and |
| 22 | | (3) except that up to 3 of 15 units of coursework |
| 23 | | required by paragraph (1) of this subsection may be |
| 24 | | distributed by deducting no more than one unit each from |
| 25 | | the categories of social studies, mathematics, sciences |
| 26 | | and electives and completing those 3 units in any of the 5 |
|
| | HB2547 Enrolled | - 160 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | categories of coursework described in paragraph (1). |
| 2 | | (b) When allocating funds, local boards of education shall |
| 3 | | recognize their obligation to their students to offer the |
| 4 | | coursework required by subsection (a). |
| 5 | | (c) A student who has graduated from high school and has |
| 6 | | scored within the University's accepted range on the ACT or |
| 7 | | SAT shall not be required to take a high school equivalency |
| 8 | | test as a prerequisite to admission. |
| 9 | | (d) The Board shall establish an admissions process in |
| 10 | | which honorably discharged veterans are permitted to submit an |
| 11 | | application for admission to the University as a freshman |
| 12 | | student enrolling in the spring semester if the veteran was on |
| 13 | | active duty during the fall semester. The University may |
| 14 | | request that the Department of Veterans Veterans' Affairs |
| 15 | | confirm the status of an applicant as an honorably discharged |
| 16 | | veteran who was on active duty during the fall semester. |
| 17 | | (e) Beginning with the 2025-2026 academic year, the |
| 18 | | University shall provide all Illinois students transferring |
| 19 | | from a public community college in this State with the |
| 20 | | University's undergraduate transfer admissions application fee |
| 21 | | waiver policy and, if such a policy exists, any application or |
| 22 | | forms necessary to apply for a fee waiver as part of the |
| 23 | | University's transfer admissions process. The University is |
| 24 | | encouraged to develop a policy to automatically waive the |
| 25 | | undergraduate transfer admissions application fee for |
| 26 | | low-income Illinois students transferring from a public |
|
| | HB2547 Enrolled | - 161 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | community college in this State. The University shall post |
| 2 | | this policy in an easily accessible place on the University's |
| 3 | | Internet website. |
| 4 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 5 | | 103-936, eff. 8-9-24.) |
| 6 | | Section 210. The Governors State University Law is amended |
| 7 | | by changing Section 15-85 as follows: |
| 8 | | (110 ILCS 670/15-85) |
| 9 | | Sec. 15-85. Admissions. |
| 10 | | (a) No new student shall be admitted to instruction in any |
| 11 | | of the departments or colleges of the Governors State |
| 12 | | University unless such student also has satisfactorily |
| 13 | | completed: |
| 14 | | (1) at least 15 units of high school coursework from |
| 15 | | the following 5 categories: |
| 16 | | (A) 4 years of English (emphasizing written and |
| 17 | | oral communications and literature), of which up to 2 |
| 18 | | years may be collegiate level instruction; |
| 19 | | (B) 3 years of social studies (emphasizing history |
| 20 | | and government); |
| 21 | | (C) 3 years of mathematics (introductory through |
| 22 | | advanced algebra, geometry, trigonometry, or |
| 23 | | fundamentals of computer programming); |
| 24 | | (D) 3 years of science (laboratory sciences or |
|
| | HB2547 Enrolled | - 162 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | agricultural sciences); and |
| 2 | | (E) 2 years of electives in foreign language |
| 3 | | (which may be deemed to include American Sign |
| 4 | | Language), music, career and technical education, |
| 5 | | agricultural education, or art; |
| 6 | | (2) except that Governors State University may admit |
| 7 | | individual applicants if it determines through assessment |
| 8 | | or through evaluation based on learning outcomes of the |
| 9 | | coursework taken, including career and technical education |
| 10 | | courses and courses taken in a charter school established |
| 11 | | under Article 27A of the School Code, that the applicant |
| 12 | | demonstrates knowledge and skills substantially equivalent |
| 13 | | to the knowledge and skills expected to be acquired in the |
| 14 | | high school courses required for admission. The Board of |
| 15 | | Trustees of Governors State University shall not |
| 16 | | discriminate in the University's admissions process |
| 17 | | against an applicant for admission because of the |
| 18 | | applicant's enrollment in a charter school established |
| 19 | | under Article 27A of the School Code. Governors State |
| 20 | | University may also admit (i) applicants who did not have |
| 21 | | an opportunity to complete the minimum college preparatory |
| 22 | | curriculum in high school, and (ii) educationally |
| 23 | | disadvantaged applicants who are admitted to the formal |
| 24 | | organized special assistance programs that are tailored to |
| 25 | | the needs of such students, providing that in either case, |
| 26 | | the institution incorporates in the applicant's |
|
| | HB2547 Enrolled | - 163 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | baccalaureate curriculum courses or other academic |
| 2 | | activities that compensate for course deficiencies; and |
| 3 | | (3) except that up to 3 of 15 units of coursework |
| 4 | | required by paragraph (1) of this subsection may be |
| 5 | | distributed by deducting no more than one unit each from |
| 6 | | the categories of social studies, mathematics, sciences |
| 7 | | and electives and completing those 3 units in any of the 5 |
| 8 | | categories of coursework described in paragraph (1). |
| 9 | | (b) When allocating funds, local boards of education shall |
| 10 | | recognize their obligation to their students to offer the |
| 11 | | coursework required by subsection (a). |
| 12 | | (c) A student who has graduated from high school and has |
| 13 | | scored within the University's accepted range on the ACT or |
| 14 | | SAT shall not be required to take a high school equivalency |
| 15 | | test as a prerequisite to admission. |
| 16 | | (d) The Board shall establish an admissions process in |
| 17 | | which honorably discharged veterans are permitted to submit an |
| 18 | | application for admission to the University as a freshman |
| 19 | | student enrolling in the spring semester if the veteran was on |
| 20 | | active duty during the fall semester. The University may |
| 21 | | request that the Department of Veterans Veterans' Affairs |
| 22 | | confirm the status of an applicant as an honorably discharged |
| 23 | | veteran who was on active duty during the fall semester. |
| 24 | | (e) Beginning with the 2025-2026 academic year, the |
| 25 | | University shall provide all Illinois students transferring |
| 26 | | from a public community college in this State with the |
|
| | HB2547 Enrolled | - 164 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | University's undergraduate transfer admissions application fee |
| 2 | | waiver policy and, if such a policy exists, any application or |
| 3 | | forms necessary to apply for a fee waiver as part of the |
| 4 | | University's transfer admissions process. The University is |
| 5 | | encouraged to develop a policy to automatically waive the |
| 6 | | undergraduate transfer admissions application fee for |
| 7 | | low-income Illinois students transferring from a public |
| 8 | | community college in this State. The University shall post |
| 9 | | this policy in an easily accessible place on the University's |
| 10 | | Internet website. |
| 11 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 12 | | 103-936, eff. 8-9-24.) |
| 13 | | Section 215. The Illinois State University Law is amended |
| 14 | | by changing Section 20-85 as follows: |
| 15 | | (110 ILCS 675/20-85) |
| 16 | | Sec. 20-85. Admissions. |
| 17 | | (a) No new student shall be admitted to instruction in any |
| 18 | | of the departments or colleges of the Illinois State |
| 19 | | University unless such student also has satisfactorily |
| 20 | | completed: |
| 21 | | (1) at least 15 units of high school coursework from |
| 22 | | the following 5 categories: |
| 23 | | (A) 4 years of English (emphasizing written and |
| 24 | | oral communications and literature), of which up to 2 |
|
| | HB2547 Enrolled | - 165 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | years may be collegiate level instruction; |
| 2 | | (B) 3 years of social studies (emphasizing history |
| 3 | | and government); |
| 4 | | (C) 3 years of mathematics (introductory through |
| 5 | | advanced algebra, geometry, trigonometry, or |
| 6 | | fundamentals of computer programming); |
| 7 | | (D) 3 years of science (laboratory sciences or |
| 8 | | agricultural sciences); and |
| 9 | | (E) 2 years of electives in foreign language |
| 10 | | (which may be deemed to include American Sign |
| 11 | | Language), music, career and technical education, |
| 12 | | agricultural education, or art; |
| 13 | | (2) except that Illinois State University may admit |
| 14 | | individual applicants if it determines through assessment |
| 15 | | or through evaluation based on learning outcomes of the |
| 16 | | coursework taken, including career and technical education |
| 17 | | courses and courses taken in a charter school established |
| 18 | | under Article 27A of the School Code, that the applicant |
| 19 | | demonstrates knowledge and skills substantially equivalent |
| 20 | | to the knowledge and skills expected to be acquired in the |
| 21 | | high school courses required for admission. The Board of |
| 22 | | Trustees of Illinois State University shall not |
| 23 | | discriminate in the University's admissions process |
| 24 | | against an applicant for admission because of the |
| 25 | | applicant's enrollment in a charter school established |
| 26 | | under Article 27A of the School Code. Illinois State |
|
| | HB2547 Enrolled | - 166 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | University may also admit (i) applicants who did not have |
| 2 | | an opportunity to complete the minimum college preparatory |
| 3 | | curriculum in high school, and (ii) educationally |
| 4 | | disadvantaged applicants who are admitted to the formal |
| 5 | | organized special assistance programs that are tailored to |
| 6 | | the needs of such students, providing that in either case, |
| 7 | | the institution incorporates in the applicant's |
| 8 | | baccalaureate curriculum courses or other academic |
| 9 | | activities that compensate for course deficiencies; and |
| 10 | | (3) except that up to 3 of 15 units of coursework |
| 11 | | required by paragraph (1) of this subsection may be |
| 12 | | distributed by deducting no more than one unit each from |
| 13 | | the categories of social studies, mathematics, sciences |
| 14 | | and electives and completing those 3 units in any of the 5 |
| 15 | | categories of coursework described in paragraph (1). |
| 16 | | (b) When allocating funds, local boards of education shall |
| 17 | | recognize their obligation to their students to offer the |
| 18 | | coursework required by subsection (a). |
| 19 | | (c) A student who has graduated from high school and has |
| 20 | | scored within the University's accepted range on the ACT or |
| 21 | | SAT shall not be required to take a high school equivalency |
| 22 | | test as a prerequisite to admission. |
| 23 | | (d) The Board shall establish an admissions process in |
| 24 | | which honorably discharged veterans are permitted to submit an |
| 25 | | application for admission to the University as a freshman |
| 26 | | student enrolling in the spring semester if the veteran was on |
|
| | HB2547 Enrolled | - 167 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | active duty during the fall semester. The University may |
| 2 | | request that the Department of Veterans Veterans' Affairs |
| 3 | | confirm the status of an applicant as an honorably discharged |
| 4 | | veteran who was on active duty during the fall semester. |
| 5 | | (e) Beginning with the 2025-2026 academic year, the |
| 6 | | University shall provide all Illinois students transferring |
| 7 | | from a public community college in this State with the |
| 8 | | University's undergraduate transfer admissions application fee |
| 9 | | waiver policy and, if such a policy exists, any application or |
| 10 | | forms necessary to apply for a fee waiver as part of the |
| 11 | | University's transfer admissions process. The University is |
| 12 | | encouraged to develop a policy to automatically waive the |
| 13 | | undergraduate transfer admissions application fee for |
| 14 | | low-income Illinois students transferring from a public |
| 15 | | community college in this State. The University shall post |
| 16 | | this policy in an easily accessible place on the University's |
| 17 | | Internet website. |
| 18 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 19 | | 103-936, eff. 8-9-24.) |
| 20 | | Section 220. The Northeastern Illinois University Law is |
| 21 | | amended by changing Section 25-85 as follows: |
| 22 | | (110 ILCS 680/25-85) |
| 23 | | Sec. 25-85. Admissions. |
| 24 | | (a) No new student shall be admitted to instruction in any |
|
| | HB2547 Enrolled | - 168 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | of the departments or colleges of the Northeastern Illinois |
| 2 | | University unless such student also has satisfactorily |
| 3 | | completed: |
| 4 | | (1) at least 15 units of high school coursework from |
| 5 | | the following 5 categories: |
| 6 | | (A) 4 years of English (emphasizing written and |
| 7 | | oral communications and literature), of which up to 2 |
| 8 | | years may be collegiate level instruction; |
| 9 | | (B) 3 years of social studies (emphasizing history |
| 10 | | and government); |
| 11 | | (C) 3 years of mathematics (introductory through |
| 12 | | advanced algebra, geometry, trigonometry, or |
| 13 | | fundamentals of computer programming); |
| 14 | | (D) 3 years of science (laboratory sciences or |
| 15 | | agricultural sciences); and |
| 16 | | (E) 2 years of electives in foreign language |
| 17 | | (which may be deemed to include American Sign |
| 18 | | Language), music, career and technical education, |
| 19 | | agricultural education, or art; |
| 20 | | (2) except that Northeastern Illinois University may |
| 21 | | admit individual applicants if it determines through |
| 22 | | assessment or through evaluation based on learning |
| 23 | | outcomes of the coursework taken, including career and |
| 24 | | technical education courses and courses taken in a charter |
| 25 | | school established under Article 27A of the School Code, |
| 26 | | that the applicant demonstrates knowledge and skills |
|
| | HB2547 Enrolled | - 169 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | substantially equivalent to the knowledge and skills |
| 2 | | expected to be acquired in the high school courses |
| 3 | | required for admission. The Board of Trustees of |
| 4 | | Northeastern Illinois University shall not discriminate in |
| 5 | | the University's admissions process against an applicant |
| 6 | | for admission because of the applicant's enrollment in a |
| 7 | | charter school established under Article 27A of the School |
| 8 | | Code. Northeastern Illinois University may also admit (i) |
| 9 | | applicants who did not have an opportunity to complete the |
| 10 | | minimum college preparatory curriculum in high school, and |
| 11 | | (ii) educationally disadvantaged applicants who are |
| 12 | | admitted to the formal organized special assistance |
| 13 | | programs that are tailored to the needs of such students, |
| 14 | | providing that in either case, the institution |
| 15 | | incorporates in the applicant's baccalaureate curriculum |
| 16 | | courses or other academic activities that compensate for |
| 17 | | course deficiencies; and |
| 18 | | (3) except that up to 3 of 15 units of coursework |
| 19 | | required by paragraph (1) of this subsection may be |
| 20 | | distributed by deducting no more than one unit each from |
| 21 | | the categories of social studies, mathematics, sciences |
| 22 | | and electives and completing those 3 units in any of the 5 |
| 23 | | categories of coursework described in paragraph (1). |
| 24 | | (b) When allocating funds, local boards of education shall |
| 25 | | recognize their obligation to their students to offer the |
| 26 | | coursework required by subsection (a). |
|
| | HB2547 Enrolled | - 170 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | (c) A student who has graduated from high school and has |
| 2 | | scored within the University's accepted range on the ACT or |
| 3 | | SAT shall not be required to take a high school equivalency |
| 4 | | test as a prerequisite to admission. |
| 5 | | (d) The Board shall establish an admissions process in |
| 6 | | which honorably discharged veterans are permitted to submit an |
| 7 | | application for admission to the University as a freshman |
| 8 | | student enrolling in the spring semester if the veteran was on |
| 9 | | active duty during the fall semester. The University may |
| 10 | | request that the Department of Veterans Veterans' Affairs |
| 11 | | confirm the status of an applicant as an honorably discharged |
| 12 | | veteran who was on active duty during the fall semester. |
| 13 | | (e) Beginning with the 2025-2026 academic year, the |
| 14 | | University shall provide all Illinois students transferring |
| 15 | | from a public community college in this State with the |
| 16 | | University's undergraduate transfer admissions application fee |
| 17 | | waiver policy and, if such a policy exists, any application or |
| 18 | | forms necessary to apply for a fee waiver as part of the |
| 19 | | University's transfer admissions process. The University is |
| 20 | | encouraged to develop a policy to automatically waive the |
| 21 | | undergraduate transfer admissions application fee for |
| 22 | | low-income Illinois students transferring from a public |
| 23 | | community college in this State. The University shall post |
| 24 | | this policy in an easily accessible place on the University's |
| 25 | | Internet website. |
| 26 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
|
| | HB2547 Enrolled | - 171 - | LRB104 09526 KTG 19589 b |
|
|
| 1 | | 103-936, eff. 8-9-24.) |
| 2 | | Section 225. The Northern Illinois University Law is |
| 3 | | amended by changing Section 30-85 as follows: |
| 4 | | (110 ILCS 685/30-85) |
| 5 | | Sec. 30-85. Admissions. |
| 6 | | (a) No new student shall be admitted to instruction in any |
| 7 | | of the departments or colleges of the Northern Illinois |
| 8 | | University unless such student also has satisfactorily |
| 9 | | completed: |
| 10 | | (1) at least 15 units of high school coursework from |
| 11 | | the following 5 categories: |
| 12 | | (A) 4 years of English (emphasizing written and |
| 13 | | oral communications and literature), of which up to 2 |
| 14 | | years may be collegiate level instruction; |
| 15 | | (B) 3 years of social studies (emphasizing history |
| 16 | | and government); |
| 17 | | (C) 3 years of mathematics (introductory through |
| 18 | | advanced algebra, geometry, trigonometry, or |
| 19 | | fundamentals of computer programming); |
| 20 | | (D) 3 years of science (laboratory sciences or |
| 21 | | agricultural sciences); and |
| 22 | | (E) 2 years of electives in foreign language |
| 23 | | (which may be deemed to include American Sign |
| 24 | | Language), music, career and technical education, |
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| 1 | | agricultural education, or art; |
| 2 | | (2) except that Northern Illinois University may admit |
| 3 | | individual applicants if it determines through assessment |
| 4 | | or through evaluation based on learning outcomes of the |
| 5 | | coursework taken, including career and technical education |
| 6 | | courses and courses taken in a charter school established |
| 7 | | under Article 27A of the School Code, that the applicant |
| 8 | | demonstrates knowledge and skills substantially equivalent |
| 9 | | to the knowledge and skills expected to be acquired in the |
| 10 | | high school courses required for admission. The Board of |
| 11 | | Trustees of Northern Illinois University shall not |
| 12 | | discriminate in the University's admissions process |
| 13 | | against an applicant for admission because of the |
| 14 | | applicant's enrollment in a charter school established |
| 15 | | under Article 27A of the School Code. Northern Illinois |
| 16 | | University may also admit (i) applicants who did not have |
| 17 | | an opportunity to complete the minimum college preparatory |
| 18 | | curriculum in high school, and (ii) educationally |
| 19 | | disadvantaged applicants who are admitted to the formal |
| 20 | | organized special assistance programs that are tailored to |
| 21 | | the needs of such students, providing that in either case, |
| 22 | | the institution incorporates in the applicant's |
| 23 | | baccalaureate curriculum courses or other academic |
| 24 | | activities that compensate for course deficiencies; and |
| 25 | | (3) except that up to 3 of 15 units of coursework |
| 26 | | required by paragraph (1) of this subsection may be |
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| 1 | | distributed by deducting no more than one unit each from |
| 2 | | the categories of social studies, mathematics, sciences |
| 3 | | and electives and completing those 3 units in any of the 5 |
| 4 | | categories of coursework described in paragraph (1). |
| 5 | | (b) When allocating funds, local boards of education shall |
| 6 | | recognize their obligation to their students to offer the |
| 7 | | coursework required by subsection (a). |
| 8 | | (c) A student who has graduated from high school and has |
| 9 | | scored within the University's accepted range on the ACT or |
| 10 | | SAT shall not be required to take a high school equivalency |
| 11 | | test as a prerequisite to admission. |
| 12 | | (d) The Board shall establish an admissions process in |
| 13 | | which honorably discharged veterans are permitted to submit an |
| 14 | | application for admission to the University as a freshman |
| 15 | | student enrolling in the spring semester if the veteran was on |
| 16 | | active duty during the fall semester. The University may |
| 17 | | request that the Department of Veterans Veterans' Affairs |
| 18 | | confirm the status of an applicant as an honorably discharged |
| 19 | | veteran who was on active duty during the fall semester. |
| 20 | | (e) Beginning with the 2025-2026 academic year, the |
| 21 | | University shall provide all Illinois students transferring |
| 22 | | from a public community college in this State with the |
| 23 | | University's undergraduate transfer admissions application fee |
| 24 | | waiver policy and, if such a policy exists, any application or |
| 25 | | forms necessary to apply for a fee waiver as part of the |
| 26 | | University's transfer admissions process. The University is |
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| 1 | | encouraged to develop a policy to automatically waive the |
| 2 | | undergraduate transfer admissions application fee for |
| 3 | | low-income Illinois students transferring from a public |
| 4 | | community college in this State. The University shall post |
| 5 | | this policy in an easily accessible place on the University's |
| 6 | | Internet website. |
| 7 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 8 | | 103-936, eff. 8-9-24.) |
| 9 | | Section 230. The Western Illinois University Law is |
| 10 | | amended by changing Section 35-85 as follows: |
| 11 | | (110 ILCS 690/35-85) |
| 12 | | Sec. 35-85. Admissions. |
| 13 | | (a) No new student shall be admitted to instruction in any |
| 14 | | of the departments or colleges of the Western Illinois |
| 15 | | University unless such student also has satisfactorily |
| 16 | | completed: |
| 17 | | (1) at least 15 units of high school coursework from |
| 18 | | the following 5 categories: |
| 19 | | (A) 4 years of English (emphasizing written and |
| 20 | | oral communications and literature), of which up to 2 |
| 21 | | years may be collegiate level instruction; |
| 22 | | (B) 3 years of social studies (emphasizing history |
| 23 | | and government); |
| 24 | | (C) 3 years of mathematics (introductory through |
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| 1 | | advanced algebra, geometry, trigonometry, or |
| 2 | | fundamentals of computer programming); |
| 3 | | (D) 3 years of science (laboratory sciences or |
| 4 | | agricultural sciences); and |
| 5 | | (E) 2 years of electives in foreign language |
| 6 | | (which may be deemed to include American Sign |
| 7 | | Language), music, career and technical education, |
| 8 | | agricultural education, or art; |
| 9 | | (2) except that Western Illinois University may admit |
| 10 | | individual applicants if it determines through assessment |
| 11 | | or through evaluation based on learning outcomes of the |
| 12 | | coursework taken, including career and technical education |
| 13 | | courses and courses taken in a charter school established |
| 14 | | under Article 27A of the School Code, that the applicant |
| 15 | | demonstrates knowledge and skills substantially equivalent |
| 16 | | to the knowledge and skills expected to be acquired in the |
| 17 | | high school courses required for admission. The Board of |
| 18 | | Trustees of Western Illinois University shall not |
| 19 | | discriminate in the University's admissions process |
| 20 | | against an applicant for admission because of the |
| 21 | | applicant's enrollment in a charter school established |
| 22 | | under Article 27A of the School Code. Western Illinois |
| 23 | | University may also admit (i) applicants who did not have |
| 24 | | an opportunity to complete the minimum college preparatory |
| 25 | | curriculum in high school, and (ii) educationally |
| 26 | | disadvantaged applicants who are admitted to the formal |
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| 1 | | organized special assistance programs that are tailored to |
| 2 | | the needs of such students, providing that in either case, |
| 3 | | the institution incorporates in the applicant's |
| 4 | | baccalaureate curriculum courses or other academic |
| 5 | | activities that compensate for course deficiencies; and |
| 6 | | (3) except that up to 3 of 15 units of coursework |
| 7 | | required by paragraph (1) of this subsection may be |
| 8 | | distributed by deducting no more than one unit each from |
| 9 | | the categories of social studies, mathematics, sciences |
| 10 | | and electives and completing those 3 units in any of the 5 |
| 11 | | categories of coursework described in paragraph (1). |
| 12 | | (b) When allocating funds, local boards of education shall |
| 13 | | recognize their obligation to their students to offer the |
| 14 | | coursework required by subsection (a). |
| 15 | | (c) A student who has graduated from high school and has |
| 16 | | scored within the University's accepted range on the ACT or |
| 17 | | SAT shall not be required to take a high school equivalency |
| 18 | | test as a prerequisite to admission. |
| 19 | | (d) The Board shall establish an admissions process in |
| 20 | | which honorably discharged veterans are permitted to submit an |
| 21 | | application for admission to the University as a freshman |
| 22 | | student enrolling in the spring semester if the veteran was on |
| 23 | | active duty during the fall semester. The University may |
| 24 | | request that the Department of Veterans Veterans' Affairs |
| 25 | | confirm the status of an applicant as an honorably discharged |
| 26 | | veteran who was on active duty during the fall semester. |
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| 1 | | (e) Beginning with the 20245-2026 academic year, the |
| 2 | | University shall provide all Illinois students transferring |
| 3 | | from a public community college in this State with the |
| 4 | | University's undergraduate transfer admissions application fee |
| 5 | | waiver policy and, if such a policy exists, any application or |
| 6 | | forms necessary to apply for a fee waiver as part of the |
| 7 | | University's transfer admissions process. The University is |
| 8 | | encouraged to develop a policy to automatically waive the |
| 9 | | undergraduate transfer admissions application fee for |
| 10 | | low-income Illinois students transferring from a public |
| 11 | | community college in this State. The University shall post |
| 12 | | this policy in an easily accessible place on the University's |
| 13 | | Internet website. |
| 14 | | (Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22; |
| 15 | | 103-936, eff. 8-9-24.) |
| 16 | | Section 235. The Higher Education Student Assistance Act |
| 17 | | is amended by changing Section 40 as follows: |
| 18 | | (110 ILCS 947/40) |
| 19 | | Sec. 40. Illinois Veteran grant program. |
| 20 | | (a) As used in this Section: |
| 21 | | "Qualified applicant" means a person who served in the |
| 22 | | Armed Forces of the United States, a Reserve component of the |
| 23 | | Armed Forces, or the Illinois National Guard, excluding |
| 24 | | members of the Reserve Officers' Training Corps and those |
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| 1 | | whose only service has been attendance at a service academy, |
| 2 | | and who meets all of the qualifications of either paragraphs |
| 3 | | (1) through (4) or paragraphs (2), (3), and (5): |
| 4 | | (1) At the time of entering federal active duty |
| 5 | | service the person was one of the following: |
| 6 | | (A) An Illinois resident. |
| 7 | | (B) An Illinois resident within 6 months of |
| 8 | | entering such service. |
| 9 | | (C) Enrolled at a State-controlled university or |
| 10 | | public community college in this State. |
| 11 | | (2) The person meets one of the following |
| 12 | | requirements: |
| 13 | | (A) He or she served at least one year of federal |
| 14 | | active duty. |
| 15 | | (B) He or she served less than one year of federal |
| 16 | | active duty and received an honorable discharge for |
| 17 | | medical reasons directly connected with such service. |
| 18 | | (C) He or she served less than one year of federal |
| 19 | | active duty and was discharged prior to August 11, |
| 20 | | 1967. |
| 21 | | (D) He or she served less than one year of federal |
| 22 | | active duty in a foreign country during a time of |
| 23 | | hostilities in that foreign country. |
| 24 | | (3) The person received an honorable discharge after |
| 25 | | leaving federal active duty service. |
| 26 | | (4) The person returned to this State within 6 months |
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| 1 | | after leaving federal active duty service, or, if married |
| 2 | | to a person in continued military service stationed |
| 3 | | outside this State, returned to this State within 6 months |
| 4 | | after his or her spouse left service or was stationed |
| 5 | | within this State. |
| 6 | | (5) The person does not meet the requirements of |
| 7 | | paragraph (1), but (i) is a resident of Illinois at the |
| 8 | | time of application to the Commission and (ii) at some |
| 9 | | point after leaving federal active duty service, was a |
| 10 | | resident of Illinois for at least 15 consecutive years. |
| 11 | | "Time of hostilities" means any action by the Armed Forces |
| 12 | | of the United States that is recognized by the issuance of a |
| 13 | | Presidential proclamation or a Presidential executive order |
| 14 | | and in which the Armed Forces expeditionary medal or other |
| 15 | | campaign service medals are awarded according to Presidential |
| 16 | | executive order. |
| 17 | | (b) A person who otherwise qualifies under subsection (a) |
| 18 | | of this Section but has not left federal active duty service |
| 19 | | and has served at least one year of federal active duty or has |
| 20 | | served for less than one year of federal active duty in a |
| 21 | | foreign country during a time of hostilities in that foreign |
| 22 | | country and who can provide documentation demonstrating an |
| 23 | | honorable service record is eligible to receive assistance |
| 24 | | under this Section. |
| 25 | | (c) A qualified applicant is not required to pay any |
| 26 | | tuition or mandatory fees while attending a State-controlled |
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| 1 | | university or public community college in this State for a |
| 2 | | period that is equivalent to 4 years of full-time enrollment, |
| 3 | | including summer terms. |
| 4 | | A qualified applicant who has previously received benefits |
| 5 | | under this Section for a non-mandatory fee shall continue to |
| 6 | | receive benefits covering such fees while he or she is |
| 7 | | enrolled in a continuous program of study. The qualified |
| 8 | | applicant shall no longer receive a grant covering |
| 9 | | non-mandatory fees if he or she fails to enroll during an |
| 10 | | academic term, unless he or she is serving federal active duty |
| 11 | | service. |
| 12 | | (d) A qualified applicant who has been or is to be awarded |
| 13 | | assistance under this Section shall receive that assistance if |
| 14 | | the qualified applicant notifies his or her postsecondary |
| 15 | | institution of that fact by the end of the school term for |
| 16 | | which assistance is requested. |
| 17 | | (e) Assistance under this Section is considered an |
| 18 | | entitlement that the State-controlled college or public |
| 19 | | community college in which the qualified applicant is enrolled |
| 20 | | shall honor without any condition other than the qualified |
| 21 | | applicant's maintenance of minimum grade levels and a |
| 22 | | satisfactory student loan repayment record pursuant to |
| 23 | | subsection (c) of Section 20 of this Act. |
| 24 | | (f) The Commission shall administer the grant program |
| 25 | | established by this Section and shall make all necessary and |
| 26 | | proper rules not inconsistent with this Section for its |
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| 1 | | effective implementation. |
| 2 | | (g) All applications for assistance under this Section |
| 3 | | must be made to the Commission on forms that the Commission |
| 4 | | shall provide. The Commission shall determine the form of |
| 5 | | application and the information required to be set forth in |
| 6 | | the application, and the Commission shall require qualified |
| 7 | | applicants to submit with their applications any supporting |
| 8 | | documents that the Commission deems necessary. Upon request, |
| 9 | | the Department of Veterans Veterans' Affairs shall assist the |
| 10 | | Commission in determining the eligibility of applicants for |
| 11 | | assistance under this Section. |
| 12 | | (h) Assistance under this Section is available as long as |
| 13 | | the federal government provides educational benefits to |
| 14 | | veterans. Assistance must not be paid under this Section after |
| 15 | | 6 months following the termination of educational benefits to |
| 16 | | veterans by the federal government, except for persons who |
| 17 | | already have begun their education with assistance under this |
| 18 | | Section. If the federal government terminates educational |
| 19 | | benefits to veterans and at a later time resumes those |
| 20 | | benefits, assistance under this Section shall resume. |
| 21 | | (Source: P.A. 101-334, eff. 8-9-19; 102-800, eff. 5-13-22.) |
| 22 | | Section 240. The Veterans' Home Medical Providers' Loan |
| 23 | | Repayment Act is amended by changing Section 5 as follows: |
| 24 | | (110 ILCS 972/5) |
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| 1 | | Sec. 5. Medical Providers Loan Repayment Program. There |
| 2 | | is created the Medical Providers Loan Repayment Program to be |
| 3 | | administered by the Illinois Student Assistance Commission in |
| 4 | | consultation with the Department of Veterans Veterans' |
| 5 | | Affairs. The program shall provide assistance, subject to |
| 6 | | appropriation, to eligible physicians and nurses. |
| 7 | | (Source: P.A. 99-813, eff. 8-15-16.) |
| 8 | | Section 245. The Nursing Home Care Act is amended by |
| 9 | | changing Sections 1-113, 2-201, 2-201.5, 2-213, 2-215, |
| 10 | | 3-101.5, 3-202.6, 3-304.2, and 3-308.5 as follows: |
| 11 | | (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) |
| 12 | | Sec. 1-113. "Facility" or "long-term care facility" means |
| 13 | | a private home, institution, building, residence, or any other |
| 14 | | place, whether operated for profit or not, or a county home for |
| 15 | | the infirm and chronically ill operated pursuant to Division |
| 16 | | 5-21 or 5-22 of the Counties Code, or any similar institution |
| 17 | | operated by a political subdivision of the State of Illinois, |
| 18 | | which provides, through its ownership or management, personal |
| 19 | | care, sheltered care or nursing for 3 or more persons, not |
| 20 | | related to the applicant or owner by blood or marriage. It |
| 21 | | includes skilled nursing facilities and intermediate care |
| 22 | | facilities as those terms are defined in Title XVIII and Title |
| 23 | | XIX of the federal Social Security Act. It also includes |
| 24 | | homes, institutions, or other places operated by or under the |
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| 1 | | authority of the Illinois Department of Veterans Veterans' |
| 2 | | Affairs. |
| 3 | | "Facility" does not include the following: |
| 4 | | (1) A home, institution, or other place operated by |
| 5 | | the federal government or agency thereof, or by the State |
| 6 | | of Illinois, other than homes, institutions, or other |
| 7 | | places operated by or under the authority of the Illinois |
| 8 | | Department of Veterans Veterans' Affairs; |
| 9 | | (2) A hospital, sanitarium, or other institution whose |
| 10 | | principal activity or business is the diagnosis, care, and |
| 11 | | treatment of human illness through the maintenance and |
| 12 | | operation as organized facilities therefor, which is |
| 13 | | required to be licensed under the Hospital Licensing Act; |
| 14 | | (3) Any "facility for child care" as defined in the |
| 15 | | Child Care Act of 1969; |
| 16 | | (4) Any "Community Living Facility" as defined in the |
| 17 | | Community Living Facilities Licensing Act; |
| 18 | | (5) Any "community residential alternative" as defined |
| 19 | | in the Community Residential Alternatives Licensing Act; |
| 20 | | (6) Any nursing home or sanatorium operated solely by |
| 21 | | and for persons who rely exclusively upon treatment by |
| 22 | | spiritual means through prayer, in accordance with the |
| 23 | | creed or tenets of any well-recognized church or religious |
| 24 | | denomination. However, such nursing home or sanatorium |
| 25 | | shall comply with all local laws and rules relating to |
| 26 | | sanitation and safety; |
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| 1 | | (7) Any facility licensed by the Department of Human |
| 2 | | Services as a community-integrated living arrangement as |
| 3 | | defined in the Community-Integrated Living Arrangements |
| 4 | | Licensure and Certification Act; |
| 5 | | (8) Any "Supportive Residence" licensed under the |
| 6 | | Supportive Residences Licensing Act; |
| 7 | | (9) Any "supportive living facility" in good standing |
| 8 | | with the program established under Section 5-5.01a of the |
| 9 | | Illinois Public Aid Code, except only for purposes of the |
| 10 | | employment of persons in accordance with Section 3-206.01; |
| 11 | | (10) Any assisted living or shared housing |
| 12 | | establishment licensed under the Assisted Living and |
| 13 | | Shared Housing Act, except only for purposes of the |
| 14 | | employment of persons in accordance with Section 3-206.01; |
| 15 | | (11) An Alzheimer's disease management center |
| 16 | | alternative health care model licensed under the |
| 17 | | Alternative Health Care Delivery Act; |
| 18 | | (12) A facility licensed under the ID/DD Community |
| 19 | | Care Act; |
| 20 | | (13) A facility licensed under the Specialized Mental |
| 21 | | Health Rehabilitation Act of 2013; |
| 22 | | (14) A facility licensed under the MC/DD Act; or |
| 23 | | (15) A medical foster home, as defined in 38 CFR |
| 24 | | 17.73, that is under the oversight of the United States |
| 25 | | Department of Veterans Affairs. |
| 26 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; |
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| 1 | | 99-376, eff. 1-1-16; 99-642, eff. 7-28-16.) |
| 2 | | (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201) |
| 3 | | Sec. 2-201. To protect the residents' funds, the facility: |
| 4 | | (1) Shall at the time of admission provide, in order of |
| 5 | | priority, each resident, or the resident's guardian, if any, |
| 6 | | or the resident's representative, if any, or the resident's |
| 7 | | immediate family member, if any, with a written statement |
| 8 | | explaining to the resident and to the resident's spouse (a) |
| 9 | | their spousal impoverishment rights, as defined at Section 5-4 |
| 10 | | of the Illinois Public Aid Code, and at Section 303 of Title |
| 11 | | III of the Medicare Catastrophic Coverage Act of 1988 (P.L. |
| 12 | | 100-360), (b) their obligation to comply with the asset and |
| 13 | | income disclosure requirements of Title XIX of the federal |
| 14 | | Social Security Act and the regulations duly promulgated |
| 15 | | thereunder, except that this item (b) does not apply to |
| 16 | | facilities operated by the Illinois Department of Veterans |
| 17 | | Veterans' Affairs that do not participate in Medicaid, and (c) |
| 18 | | the resident's rights regarding personal funds and listing the |
| 19 | | services for which the resident will be charged. The facility |
| 20 | | shall obtain a signed acknowledgment from each resident or the |
| 21 | | resident's guardian, if any, or the resident's representative, |
| 22 | | if any, or the resident's immediate family member, if any, |
| 23 | | that such person has received the statement and understands |
| 24 | | that failure to comply with asset and income disclosure |
| 25 | | requirements may result in the denial of Medicaid eligibility. |
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| 1 | | (2) May accept funds from a resident for safekeeping and |
| 2 | | managing, if it receives written authorization from, in order |
| 3 | | of priority, the resident or the resident's guardian, if any, |
| 4 | | or the resident's representative, if any, or the resident's |
| 5 | | immediate family member, if any; such authorization shall be |
| 6 | | attested to by a witness who has no pecuniary interest in the |
| 7 | | facility or its operations, and who is not connected in any way |
| 8 | | to facility personnel or the administrator in any manner |
| 9 | | whatsoever. |
| 10 | | (3) Shall maintain and allow, in order of priority, each |
| 11 | | resident or the resident's guardian, if any, or the resident's |
| 12 | | representative, if any, or the resident's immediate family |
| 13 | | member, if any, access to a written record of all financial |
| 14 | | arrangements and transactions involving the individual |
| 15 | | resident's funds. |
| 16 | | (4) Shall provide, in order of priority, each resident, or |
| 17 | | the resident's guardian, if any, or the resident's |
| 18 | | representative, if any, or the resident's immediate family |
| 19 | | member, if any, with a written itemized statement at least |
| 20 | | quarterly, of all financial transactions involving the |
| 21 | | resident's funds. |
| 22 | | (5) Shall purchase a surety bond, or otherwise provide |
| 23 | | assurance satisfactory to the Departments of Public Health and |
| 24 | | Insurance that all residents' personal funds deposited with |
| 25 | | the facility are secure against loss, theft, and insolvency. |
| 26 | | (6) Shall keep any funds received from a resident for |
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| 1 | | safekeeping in an account separate from the facility's funds, |
| 2 | | and shall at no time withdraw any part or all of such funds for |
| 3 | | any purpose other than to return the funds to the resident upon |
| 4 | | the request of the resident or any other person entitled to |
| 5 | | make such request, to pay the resident his allowance, or to |
| 6 | | make any other payment authorized by the resident or any other |
| 7 | | person entitled to make such authorization. |
| 8 | | (7) Shall deposit any funds received from a resident in |
| 9 | | excess of $100 in an interest bearing account insured by |
| 10 | | agencies of, or corporations chartered by, the State or |
| 11 | | federal government. The account shall be in a form which |
| 12 | | clearly indicates that the facility has only a fiduciary |
| 13 | | interest in the funds and any interest from the account shall |
| 14 | | accrue to the resident. The facility may keep up to $100 of a |
| 15 | | resident's money in a non-interest bearing account or petty |
| 16 | | cash fund, to be readily available for the resident's current |
| 17 | | expenditures. |
| 18 | | (8) Shall return to the resident, or the person who |
| 19 | | executed the written authorization required in subsection (2) |
| 20 | | of this Section, upon written request, all or any part of the |
| 21 | | resident's funds given the facility for safekeeping, including |
| 22 | | the interest accrued from deposits. |
| 23 | | (9) Shall (a) place any monthly allowance to which a |
| 24 | | resident is entitled in that resident's personal account, or |
| 25 | | give it to the resident, unless the facility has written |
| 26 | | authorization from the resident or the resident's guardian or |
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| 1 | | if the resident is a minor, his parent, to handle it |
| 2 | | differently, (b) take all steps necessary to ensure that a |
| 3 | | personal needs allowance that is placed in a resident's |
| 4 | | personal account is used exclusively by the resident or for |
| 5 | | the benefit of the resident, and (c) where such funds are |
| 6 | | withdrawn from the resident's personal account by any person |
| 7 | | other than the resident, require such person to whom funds |
| 8 | | constituting any part of a resident's personal needs allowance |
| 9 | | are released, to execute an affidavit that such funds shall be |
| 10 | | used exclusively for the benefit of the resident. |
| 11 | | (10) Unless otherwise provided by State law, upon the |
| 12 | | death of a resident, shall provide the executor or |
| 13 | | administrator of the resident's estate with a complete |
| 14 | | accounting of all the resident's personal property, including |
| 15 | | any funds of the resident being held by the facility. |
| 16 | | (11) If an adult resident is incapable of managing his |
| 17 | | funds and does not have a resident's representative, guardian, |
| 18 | | or an immediate family member, shall notify the Office of the |
| 19 | | State Guardian of the Guardianship and Advocacy Commission. |
| 20 | | (12) If the facility is sold, shall provide the buyer with |
| 21 | | a written verification by a public accountant of all |
| 22 | | residents' monies and properties being transferred, and obtain |
| 23 | | a signed receipt from the new owner. |
| 24 | | (Source: P.A. 98-523, eff. 8-23-13.) |
| 25 | | (210 ILCS 45/2-201.5) |
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| 1 | | Sec. 2-201.5. Screening prior to admission. |
| 2 | | (a) All persons age 18 or older seeking admission to a |
| 3 | | nursing facility must be screened to determine the need for |
| 4 | | nursing facility services prior to being admitted, regardless |
| 5 | | of income, assets, or funding source. Screening for nursing |
| 6 | | facility services shall be administered through procedures |
| 7 | | established by administrative rule. Screening may be done by |
| 8 | | agencies other than the Department as established by |
| 9 | | administrative rule. This Section applies on and after July 1, |
| 10 | | 1996. No later than October 1, 2010, the Department of |
| 11 | | Healthcare and Family Services, in collaboration with the |
| 12 | | Department on Aging, the Department of Human Services, and the |
| 13 | | Department of Public Health, shall file administrative rules |
| 14 | | providing for the gathering, during the screening process, of |
| 15 | | information relevant to determining each person's potential |
| 16 | | for placing other residents, employees, and visitors at risk |
| 17 | | of harm. |
| 18 | | (a-1) Any screening performed pursuant to subsection (a) |
| 19 | | of this Section shall include a determination of whether any |
| 20 | | person is being considered for admission to a nursing facility |
| 21 | | due to a need for mental health services. For a person who |
| 22 | | needs mental health services, the screening shall also include |
| 23 | | an evaluation of whether there is permanent supportive |
| 24 | | housing, or an array of community mental health services, |
| 25 | | including but not limited to supported housing, assertive |
| 26 | | community treatment, and peer support services, that would |
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| 1 | | enable the person to live in the community. The person shall be |
| 2 | | told about the existence of any such services that would |
| 3 | | enable the person to live safely and humanely and about |
| 4 | | available appropriate nursing home services that would enable |
| 5 | | the person to live safely and humanely, and the person shall be |
| 6 | | given the assistance necessary to avail himself or herself of |
| 7 | | any available services. |
| 8 | | (a-2) Pre-screening for persons with a serious mental |
| 9 | | illness shall be performed by a psychiatrist, a psychologist, |
| 10 | | a registered nurse certified in psychiatric nursing, a |
| 11 | | licensed clinical professional counselor, or a licensed |
| 12 | | clinical social worker, who is competent to (i) perform a |
| 13 | | clinical assessment of the individual, (ii) certify a |
| 14 | | diagnosis, (iii) make a determination about the individual's |
| 15 | | current need for treatment, including substance abuse |
| 16 | | treatment, and recommend specific treatment, and (iv) |
| 17 | | determine whether a facility or a community-based program is |
| 18 | | able to meet the needs of the individual. |
| 19 | | For any person entering a nursing facility, the |
| 20 | | pre-screening agent shall make specific recommendations about |
| 21 | | what care and services the individual needs to receive, |
| 22 | | beginning at admission, to attain or maintain the individual's |
| 23 | | highest level of independent functioning and to live in the |
| 24 | | most integrated setting appropriate for his or her physical |
| 25 | | and personal care and developmental and mental health needs. |
| 26 | | These recommendations shall be revised as appropriate by the |
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| 1 | | pre-screening or re-screening agent based on the results of |
| 2 | | resident review and in response to changes in the resident's |
| 3 | | wishes, needs, and interest in transition. |
| 4 | | Upon the person entering the nursing facility, the |
| 5 | | Department of Human Services or its designee shall assist the |
| 6 | | person in establishing a relationship with a community mental |
| 7 | | health agency or other appropriate agencies in order to (i) |
| 8 | | promote the person's transition to independent living and (ii) |
| 9 | | support the person's progress in meeting individual goals. |
| 10 | | (a-3) The Department of Human Services, by rule, shall |
| 11 | | provide for a prohibition on conflicts of interest for |
| 12 | | pre-admission screeners. The rule shall provide for waiver of |
| 13 | | those conflicts by the Department of Human Services if the |
| 14 | | Department of Human Services determines that a scarcity of |
| 15 | | qualified pre-admission screeners exists in a given community |
| 16 | | and that, absent a waiver of conflicts, an insufficient number |
| 17 | | of pre-admission screeners would be available. If a conflict |
| 18 | | is waived, the pre-admission screener shall disclose the |
| 19 | | conflict of interest to the screened individual in the manner |
| 20 | | provided for by rule of the Department of Human Services. For |
| 21 | | the purposes of this subsection, a "conflict of interest" |
| 22 | | includes, but is not limited to, the existence of a |
| 23 | | professional or financial relationship between (i) a PAS-MH |
| 24 | | corporate or a PAS-MH agent and (ii) a community provider or |
| 25 | | long-term care facility. |
| 26 | | (b) In addition to the screening required by subsection |
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| 1 | | (a), a facility, except for those licensed under the MC/DD |
| 2 | | Act, shall, within 24 hours after admission, request a |
| 3 | | criminal history background check pursuant to the Illinois |
| 4 | | Uniform Conviction Information Act for all persons age 18 or |
| 5 | | older seeking admission to the facility, unless (i) a |
| 6 | | background check was initiated by a hospital pursuant to |
| 7 | | subsection (d) of Section 6.09 of the Hospital Licensing Act |
| 8 | | or a pre-admission background check was conducted by the |
| 9 | | Department of Veterans Veterans' Affairs 30 days prior to |
| 10 | | admittance into an Illinois Veterans Home; (ii) the |
| 11 | | transferring resident is immobile; or (iii) the transferring |
| 12 | | resident is moving into hospice. The exemption provided in |
| 13 | | item (ii) or (iii) of this subsection (b) shall apply only if a |
| 14 | | background check was completed by the facility the resident |
| 15 | | resided at prior to seeking admission to the facility and the |
| 16 | | resident was transferred to the facility with no time passing |
| 17 | | during which the resident was not institutionalized. If item |
| 18 | | (ii) or (iii) of this subsection (b) applies, the prior |
| 19 | | facility shall provide a copy of its background check of the |
| 20 | | resident and all supporting documentation, including, when |
| 21 | | applicable, the criminal history report and the security |
| 22 | | assessment, to the facility to which the resident is being |
| 23 | | transferred. Background checks conducted pursuant to this |
| 24 | | Section shall be based on the resident's name, date of birth, |
| 25 | | and other identifiers as required by the Illinois State |
| 26 | | Police. If the results of the background check are |
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| 1 | | inconclusive, the facility shall initiate a fingerprint-based |
| 2 | | check, unless the fingerprint check is waived by the Director |
| 3 | | of Public Health based on verification by the facility that |
| 4 | | the resident is completely immobile or that the resident meets |
| 5 | | other criteria related to the resident's health or lack of |
| 6 | | potential risk which may be established by Departmental rule. |
| 7 | | A waiver issued pursuant to this Section shall be valid only |
| 8 | | while the resident is immobile or while the criteria |
| 9 | | supporting the waiver exist. The facility shall provide for or |
| 10 | | arrange for any required fingerprint-based checks to be taken |
| 11 | | on the premises of the facility. If a fingerprint-based check |
| 12 | | is required, the facility shall arrange for it to be conducted |
| 13 | | in a manner that is respectful of the resident's dignity and |
| 14 | | that minimizes any emotional or physical hardship to the |
| 15 | | resident. |
| 16 | | (c) If the results of a resident's criminal history |
| 17 | | background check reveal that the resident is an identified |
| 18 | | offender as defined in Section 1-114.01, the facility shall do |
| 19 | | the following: |
| 20 | | (1) Immediately notify the Illinois State Police, in |
| 21 | | the form and manner required by the Illinois State Police, |
| 22 | | in collaboration with the Department of Public Health, |
| 23 | | that the resident is an identified offender. |
| 24 | | (2) Within 72 hours, arrange for a fingerprint-based |
| 25 | | criminal history record inquiry to be requested on the |
| 26 | | identified offender resident. The inquiry shall be based |
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| 1 | | on the subject's name, sex, race, date of birth, |
| 2 | | fingerprint images, and other identifiers required by the |
| 3 | | Illinois State Police. The inquiry shall be processed |
| 4 | | through the files of the Illinois State Police and the |
| 5 | | Federal Bureau of Investigation to locate any criminal |
| 6 | | history record information that may exist regarding the |
| 7 | | subject. The Federal Bureau of Investigation shall furnish |
| 8 | | to the Illinois State Police, pursuant to an inquiry under |
| 9 | | this paragraph (2), any criminal history record |
| 10 | | information contained in its files. |
| 11 | | The facility shall comply with all applicable provisions |
| 12 | | contained in the Illinois Uniform Conviction Information Act. |
| 13 | | All name-based and fingerprint-based criminal history |
| 14 | | record inquiries shall be submitted to the Illinois State |
| 15 | | Police electronically in the form and manner prescribed by the |
| 16 | | Illinois State Police. The Illinois State Police may charge |
| 17 | | the facility a fee for processing name-based and |
| 18 | | fingerprint-based criminal history record inquiries. The fee |
| 19 | | shall be deposited into the State Police Services Fund. The |
| 20 | | fee shall not exceed the actual cost of processing the |
| 21 | | inquiry. |
| 22 | | (d) (Blank). |
| 23 | | (e) The Department shall develop and maintain a |
| 24 | | de-identified database of residents who have injured facility |
| 25 | | staff, facility visitors, or other residents, and the |
| 26 | | attendant circumstances, solely for the purposes of evaluating |
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| 1 | | and improving resident pre-screening and assessment procedures |
| 2 | | (including the Criminal History Report prepared under Section |
| 3 | | 2-201.6) and the adequacy of Department requirements |
| 4 | | concerning the provision of care and services to residents. A |
| 5 | | resident shall not be listed in the database until a |
| 6 | | Department survey confirms the accuracy of the listing. The |
| 7 | | names of persons listed in the database and information that |
| 8 | | would allow them to be individually identified shall not be |
| 9 | | made public. Neither the Department nor any other agency of |
| 10 | | State government may use information in the database to take |
| 11 | | any action against any individual, licensee, or other entity, |
| 12 | | unless the Department or agency receives the information |
| 13 | | independent of this subsection (e). All information collected, |
| 14 | | maintained, or developed under the authority of this |
| 15 | | subsection (e) for the purposes of the database maintained |
| 16 | | under this subsection (e) shall be treated in the same manner |
| 17 | | as information that is subject to Part 21 of Article VIII of |
| 18 | | the Code of Civil Procedure. |
| 19 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 20 | | (210 ILCS 45/2-213) |
| 21 | | Sec. 2-213. Vaccinations. |
| 22 | | (a) A facility shall annually administer or arrange for |
| 23 | | administration of a vaccination against influenza to each |
| 24 | | resident, in accordance with the recommendations of the |
| 25 | | Advisory Committee on Immunization Practices of the Centers |
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| 1 | | for Disease Control and Prevention that are most recent to the |
| 2 | | time of vaccination, unless the vaccination is medically |
| 3 | | contraindicated or the resident has refused the vaccine. |
| 4 | | Influenza vaccinations for all residents age 65 and over shall |
| 5 | | be completed by November 30 of each year or as soon as |
| 6 | | practicable if vaccine supplies are not available before |
| 7 | | November 1. Residents admitted after November 30, during the |
| 8 | | flu season, and until February 1 shall, as medically |
| 9 | | appropriate, receive an influenza vaccination prior to or upon |
| 10 | | admission or as soon as practicable if vaccine supplies are |
| 11 | | not available at the time of the admission, unless the vaccine |
| 12 | | is medically contraindicated or the resident has refused the |
| 13 | | vaccine. In the event that the Advisory Committee on |
| 14 | | Immunization Practices of the Centers for Disease Control and |
| 15 | | Prevention determines that dates of administration other than |
| 16 | | those stated in this Act are optimal to protect the health of |
| 17 | | residents, the Department is authorized to develop rules to |
| 18 | | mandate vaccinations at those times rather than the times |
| 19 | | stated in this Act. A facility shall document in the |
| 20 | | resident's medical record that an annual vaccination against |
| 21 | | influenza was administered, arranged, refused or medically |
| 22 | | contraindicated. |
| 23 | | (b) A facility shall administer or arrange for |
| 24 | | administration of a pneumococcal vaccination to each resident, |
| 25 | | in accordance with the recommendations of the Advisory |
| 26 | | Committee on Immunization Practices of the Centers for Disease |
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| 1 | | Control and Prevention, who has not received this immunization |
| 2 | | prior to or upon admission to the facility, unless the |
| 3 | | resident refuses the offer for vaccination or the vaccination |
| 4 | | is medically contraindicated. A facility shall document in |
| 5 | | each resident's medical record that a vaccination against |
| 6 | | pneumococcal pneumonia was offered and administered, arranged, |
| 7 | | refused, or medically contraindicated. |
| 8 | | (c) All persons seeking admission to a nursing facility |
| 9 | | shall be verbally screened for risk factors associated with |
| 10 | | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus |
| 11 | | (HIV) according to guidelines established by the U.S. Centers |
| 12 | | for Disease Control and Prevention. Persons who are identified |
| 13 | | as being at high risk for hepatitis B, hepatitis C, or HIV |
| 14 | | shall be offered an opportunity to undergo laboratory testing |
| 15 | | in order to determine infection status if they will be |
| 16 | | admitted to the nursing facility for at least 7 days and are |
| 17 | | not known to be infected with any of the listed viruses. All |
| 18 | | HIV testing shall be conducted in compliance with the AIDS |
| 19 | | Confidentiality Act. All persons determined to be susceptible |
| 20 | | to the hepatitis B virus shall be offered immunization within |
| 21 | | 10 days of admission to any nursing facility. A facility shall |
| 22 | | document in the resident's medical record that he or she was |
| 23 | | verbally screened for risk factors associated with hepatitis |
| 24 | | B, hepatitis C, and HIV, and whether or not the resident was |
| 25 | | immunized against hepatitis B. Nothing in this subsection (c) |
| 26 | | shall apply to a nursing facility licensed or regulated by the |
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| 1 | | Illinois Department of Veterans Veterans' Affairs. |
| 2 | | (d) A skilled nursing facility shall designate a person or |
| 3 | | persons as Infection Prevention and Control Professionals to |
| 4 | | develop and implement policies governing control of infections |
| 5 | | and communicable diseases. The Infection Prevention and |
| 6 | | Control Professionals shall be qualified through education, |
| 7 | | training, experience, or certification or a combination of |
| 8 | | such qualifications. The Infection Prevention and Control |
| 9 | | Professional's qualifications shall be documented and shall be |
| 10 | | made available for inspection by the Department. |
| 11 | | (e) The Department shall provide facilities with |
| 12 | | educational information on all vaccines recommended by the |
| 13 | | Centers for Disease Control and Prevention's Advisory |
| 14 | | Committee on Immunization Practices, including, but not |
| 15 | | limited to, the risks associated with shingles and how to |
| 16 | | protect oneself against the varicella-zoster virus. A facility |
| 17 | | shall distribute the information to: (1) each resident who |
| 18 | | requests the information; and (2) each newly admitted |
| 19 | | resident. The facility may distribute the information to |
| 20 | | residents electronically. |
| 21 | | (Source: P.A. 100-1042, eff. 1-1-19.) |
| 22 | | (210 ILCS 45/2-215) |
| 23 | | Sec. 2-215. Conflicts with the Department of Veterans |
| 24 | | Veterans' Affairs Act. If there is a conflict between the |
| 25 | | provisions of this Act and the provisions of the Department of |
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| 1 | | Veterans Veterans' Affairs Act concerning an Illinois Veterans |
| 2 | | Home not operated by the Department of Veterans Veterans' |
| 3 | | Affairs, then the provisions of this Act shall apply. |
| 4 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 5 | | (210 ILCS 45/3-101.5) |
| 6 | | Sec. 3-101.5. Illinois Veterans Homes. An Illinois |
| 7 | | Veterans Home licensed under this Act and operated by the |
| 8 | | Illinois Department of Veterans Veterans' Affairs is exempt |
| 9 | | from the license fee provisions of Section 3-103 of this Act |
| 10 | | and the provisions of Sections 3-104 through 3-106, 3-202.5, |
| 11 | | 3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A |
| 12 | | monitor or receiver shall be placed in an Illinois Veterans |
| 13 | | Home only by court order or by agreement between the Director |
| 14 | | of Public Health, the Director of Veterans Veterans' Affairs, |
| 15 | | and the Secretary of the United States Department of Veterans |
| 16 | | Affairs. |
| 17 | | (Source: P.A. 99-314, eff. 8-7-15.) |
| 18 | | (210 ILCS 45/3-202.6) |
| 19 | | Sec. 3-202.6. Department of Veterans Veterans' Affairs |
| 20 | | facility plan review. |
| 21 | | (a) Before commencing construction of a new facility or |
| 22 | | specified types of alteration or additions to an existing |
| 23 | | long-term care facility involving major construction, as |
| 24 | | defined by rule by the Department, with an estimated cost |
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| 1 | | greater than $100,000, architectural drawings and |
| 2 | | specifications for the facility shall be submitted to the |
| 3 | | Department for review. A facility may submit architectural |
| 4 | | drawings and specifications for other construction projects |
| 5 | | for Department review according to subsection (b) of this |
| 6 | | Section. Review of drawings and specifications shall be |
| 7 | | conducted by an employee of the Department meeting the |
| 8 | | qualifications established by the Department of Central |
| 9 | | Management Services class specifications for such an |
| 10 | | individual's position or by a person contracting with the |
| 11 | | Department who meets those class specifications. |
| 12 | | (b) The Department shall inform an applicant in writing |
| 13 | | within 15 working days after receiving drawings and |
| 14 | | specifications from the applicant whether the applicant's |
| 15 | | submission is complete or incomplete. Failure to provide the |
| 16 | | applicant with this notice within 15 working days after |
| 17 | | receiving drawings and specifications from the applicant shall |
| 18 | | result in the submission being deemed complete for purposes of |
| 19 | | initiating the 60-working-day review period under this |
| 20 | | Section. If the submission is incomplete, the Department shall |
| 21 | | inform the applicant of the deficiencies with the submission |
| 22 | | in writing. |
| 23 | | If the submission is complete, the Department shall |
| 24 | | approve or disapprove drawings and specifications submitted to |
| 25 | | the Department no later than 60 working days following receipt |
| 26 | | by the Department. The drawings and specifications shall be of |
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| 1 | | sufficient detail, as provided by Department rule, to enable |
| 2 | | the Department to render a determination of compliance with |
| 3 | | design and construction standards under this Act. If the |
| 4 | | Department finds that the drawings are not of sufficient |
| 5 | | detail for it to render a determination of compliance, the |
| 6 | | plans shall be determined to be incomplete and shall not be |
| 7 | | considered for purposes of initiating the 60-working-day |
| 8 | | review period. If a submission of drawings and specifications |
| 9 | | is incomplete, the applicant may submit additional |
| 10 | | information. The 60-working-day review period shall not |
| 11 | | commence until the Department determines that a submission of |
| 12 | | drawings and specifications is complete or the submission is |
| 13 | | deemed complete. If the Department has not approved or |
| 14 | | disapproved the drawings and specifications within 60 working |
| 15 | | days after receipt by the Department, the construction, major |
| 16 | | alteration, or addition shall be deemed approved. If the |
| 17 | | drawings and specifications are disapproved, the Department |
| 18 | | shall state in writing, with specificity, the reasons for the |
| 19 | | disapproval. The entity submitting the drawings and |
| 20 | | specifications may submit additional information in response |
| 21 | | to the written comments from the Department or request a |
| 22 | | reconsideration of the disapproval. A final decision of |
| 23 | | approval or disapproval shall be made within 45 working days |
| 24 | | after the receipt of the additional information or |
| 25 | | reconsideration request. If denied, the Department shall state |
| 26 | | the specific reasons for the denial. |
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| 1 | | (c) The Department shall provide written approval for |
| 2 | | occupancy pursuant to subsection (e) of this Section and shall |
| 3 | | not issue a violation to a facility as a result of a licensure |
| 4 | | or complaint survey based upon the facility's physical |
| 5 | | structure if: |
| 6 | | (1) the Department reviewed and approved or is deemed |
| 7 | | to have approved the drawings and specifications for |
| 8 | | compliance with design and construction standards; |
| 9 | | (2) the construction, major alteration, or addition |
| 10 | | was built as submitted; |
| 11 | | (3) the law or rules have not been amended since the |
| 12 | | original approval; and |
| 13 | | (4) the conditions at the facility indicate that there |
| 14 | | is a reasonable degree of safety provided for the |
| 15 | | residents. |
| 16 | | (d) The Department shall not charge a fee in connection |
| 17 | | with its reviews to the Department of Veterans Veterans' |
| 18 | | Affairs. |
| 19 | | (e) The Department shall conduct an on-site inspection of |
| 20 | | the completed project no later than 45 working days after |
| 21 | | notification from the applicant that the project has been |
| 22 | | completed and all certifications required by the Department |
| 23 | | have been received and accepted by the Department, except |
| 24 | | that, during a statewide public health emergency, as defined |
| 25 | | in the Illinois Emergency Management Agency Act, the |
| 26 | | Department shall conduct an on-site inspection of the |
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| 1 | | completed project to the extent feasible. The Department may |
| 2 | | extend this deadline if a federally mandated survey time frame |
| 3 | | takes precedence. The Department shall provide written |
| 4 | | approval for occupancy to the applicant within 7 working days |
| 5 | | after the Department's final inspection, provided the |
| 6 | | applicant has demonstrated substantial compliance as defined |
| 7 | | by Department rule. Occupancy of new major construction is |
| 8 | | prohibited until Department approval is received, unless the |
| 9 | | Department has not acted within the time frames provided in |
| 10 | | this subsection (e), in which case the construction shall be |
| 11 | | deemed approved. Occupancy shall be authorized after any |
| 12 | | required health inspection by the Department has been |
| 13 | | conducted. |
| 14 | | (f) The Department shall establish, by rule, an expedited |
| 15 | | process for emergency repairs or replacement of like |
| 16 | | equipment. |
| 17 | | (g) Nothing in this Section shall be construed to apply to |
| 18 | | maintenance, upkeep, or renovation that does not affect the |
| 19 | | structural integrity or fire or life safety of the building, |
| 20 | | does not add beds or services over the number for which the |
| 21 | | long-term care facility is licensed, and provides a reasonable |
| 22 | | degree of safety for the residents. |
| 23 | | (h) If the number of licensed facilities increases or the |
| 24 | | number of beds for the currently licensed facilities |
| 25 | | increases, the Department has the right to reassess the |
| 26 | | mandated time frames listed in this Section. |
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| 1 | | (Source: P.A. 103-1, eff. 4-27-23.) |
| 2 | | (210 ILCS 45/3-304.2) |
| 3 | | Sec. 3-304.2. Designation of distressed facilities. |
| 4 | | (a) (Blank). |
| 5 | | (b) (Blank). |
| 6 | | (b-5) The Department shall, by rule, adopt criteria to |
| 7 | | identify distressed facilities and shall publish a list of |
| 8 | | distressed facilities quarterly. The Department shall, by |
| 9 | | rule, create a timeframe and a procedure on how a facility can |
| 10 | | be removed from the list. No facility shall be identified as a |
| 11 | | distressed facility unless it has committed a violation or |
| 12 | | deficiency that has harmed a resident. |
| 13 | | (c) The Department shall, by rule, adopt criteria to |
| 14 | | identify non-Medicaid-certified facilities that are distressed |
| 15 | | and shall publish this list quarterly. The list may not |
| 16 | | contain more than 40 facilities per quarter. |
| 17 | | (d) The Department shall notify each facility of its |
| 18 | | distressed designation, and of the calculation on which it is |
| 19 | | based. A facility has the right to appeal a designation, and |
| 20 | | the procedure for appealing shall be outlined in rule. |
| 21 | | (e) A distressed facility may contract with an independent |
| 22 | | consultant meeting criteria established by the Department. If |
| 23 | | the distressed facility does not seek the assistance of an |
| 24 | | independent consultant, the Department shall place a monitor |
| 25 | | in the facility, depending on the Department's assessment of |
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| 1 | | the condition of the facility. |
| 2 | | (f) A facility that has been designated a distressed |
| 3 | | facility may contract with an independent consultant to |
| 4 | | develop and assist in the implementation of a plan of |
| 5 | | improvement to bring and keep the facility in compliance with |
| 6 | | this Act and, if applicable, with federal certification |
| 7 | | requirements. A facility that contracts with an independent |
| 8 | | consultant shall have 90 days to develop a plan of improvement |
| 9 | | and demonstrate a good faith effort at implementation, and |
| 10 | | another 90 days to achieve compliance and take whatever |
| 11 | | additional actions are called for in the improvement plan to |
| 12 | | maintain compliance. A facility that the Department determines |
| 13 | | has a plan of improvement likely to bring and keep the facility |
| 14 | | in compliance and that has demonstrated good faith efforts at |
| 15 | | implementation within the first 90 days may be eligible to |
| 16 | | receive a grant under the Equity in Long-term Care Quality Act |
| 17 | | to assist it in achieving and maintaining compliance. In this |
| 18 | | subsection, "independent" consultant means an individual who |
| 19 | | has no professional or financial relationship with the |
| 20 | | facility, any person with a reportable ownership interest in |
| 21 | | the facility, or any related parties. In this subsection, |
| 22 | | "related parties" has the meaning attributed to it in the |
| 23 | | instructions for completing Medicaid cost reports. |
| 24 | | (f-5) A distressed facility that does not contract with a |
| 25 | | consultant shall be assigned a monitor at the Department's |
| 26 | | discretion. The monitor may apply to the Equity in Long-term |
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| 1 | | Care Quality Fund on behalf of the facility for grant funds to |
| 2 | | implement the plan of improvement. |
| 3 | | (g) The Department shall, by rule, establish a mentor |
| 4 | | program for owners and operators of distressed facilities. The |
| 5 | | mentor program shall provide technical assistance and guidance |
| 6 | | to facilities. |
| 7 | | (h) The Department shall by rule establish sanctions (in |
| 8 | | addition to those authorized elsewhere in this Article) |
| 9 | | against distressed facilities that are not in compliance with |
| 10 | | this Act and (if applicable) with federal certification |
| 11 | | requirements. Criteria for imposing sanctions shall take into |
| 12 | | account a facility's actions to address the violations and |
| 13 | | deficiencies that caused its designation as a distressed |
| 14 | | facility, and its compliance with this Act and with federal |
| 15 | | certification requirements (if applicable), subsequent to its |
| 16 | | designation as a distressed facility, including mandatory |
| 17 | | revocations if criteria can be agreed upon by the Department, |
| 18 | | resident advocates, and representatives of the nursing home |
| 19 | | profession. By February 1, 2011, the Department shall report |
| 20 | | to the General Assembly on the results of negotiations about |
| 21 | | creating criteria for mandatory license revocations of |
| 22 | | distressed facilities and make recommendations about any |
| 23 | | statutory changes it believes are appropriate to protect the |
| 24 | | health, safety, and welfare of nursing home residents. |
| 25 | | (i) The Department may establish, by rule, criteria for |
| 26 | | restricting an owner of a facility from acquiring additional |
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| 1 | | nursing facilities if the facility was placed on the |
| 2 | | distressed list while it was owned by that owner. The |
| 3 | | Department may not prohibit an owner who acquires ownership of |
| 4 | | a facility that is already on the distressed facility list |
| 5 | | before the owner's acquisition of the facility from acquiring |
| 6 | | additional skilled nursing facilities. |
| 7 | | (j) This Section does not apply to homes, institutions, or |
| 8 | | other places operated by or under the authority of the |
| 9 | | Illinois Department of Veterans Veterans' Affairs as these |
| 10 | | facilities are certified by the United States Department of |
| 11 | | Veterans Affairs and not the Centers for Medicare and Medicaid |
| 12 | | Services. |
| 13 | | (Source: P.A. 103-139, eff. 1-1-24.) |
| 14 | | (210 ILCS 45/3-308.5) |
| 15 | | Sec. 3-308.5. Facilities operated by Department of |
| 16 | | Veterans Veterans' Affairs; penalty offset. |
| 17 | | (a) In the case of a veterans home, institution, or other |
| 18 | | place operated by or under the authority of the Illinois |
| 19 | | Department of Veterans Veterans' Affairs, the amount of any |
| 20 | | penalty or fine shall be offset by the cost of the plan of |
| 21 | | correction, capital improvements, or physical plant repairs. |
| 22 | | For purposes of this Section only, "offset" means that the |
| 23 | | amount that the Illinois Department of Veterans Veterans' |
| 24 | | Affairs expends to pay for the cost of a plan of correction |
| 25 | | shall be deemed by the Illinois Department of Public Health to |
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| 1 | | fully satisfy any monetary penalty or fine imposed by the |
| 2 | | Department of Public Health. Once a fine or monetary penalty |
| 3 | | is offset pursuant to this Section, in no case may the |
| 4 | | Department of Public Health, with respect to the offense for |
| 5 | | which the fine or penalty was levied, continue to purport to |
| 6 | | impose a fine or monetary penalty upon the Department of |
| 7 | | Veterans Veterans' Affairs for that violation. |
| 8 | | (b) The Director of Public Health shall issue a |
| 9 | | Declaration to the Director of Veterans Veterans' Affairs |
| 10 | | confirming the citation of each Type "A" violation and request |
| 11 | | that immediate action be taken to protect the health and |
| 12 | | safety of the veterans in the facility. |
| 13 | | (Source: P.A. 96-703, eff. 8-25-09.) |
| 14 | | Section 250. The MC/DD Act is amended by changing Section |
| 15 | | 1-113 as follows: |
| 16 | | (210 ILCS 46/1-113) |
| 17 | | Sec. 1-113. Facility. "MC/DD facility" or "facility" |
| 18 | | means a medically complex for the developmentally disabled |
| 19 | | facility, whether operated for profit or not, which provides, |
| 20 | | through its ownership or management, personal care or nursing |
| 21 | | for 3 or more persons not related to the applicant or owner by |
| 22 | | blood or marriage. |
| 23 | | "Facility" does not include the following: |
| 24 | | (1) A home, institution, or other place operated by |
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| 1 | | the federal government or agency thereof, or by the State |
| 2 | | of Illinois, other than homes, institutions, or other |
| 3 | | places operated by or under the authority of the Illinois |
| 4 | | Department of Veterans Veterans' Affairs; |
| 5 | | (2) A hospital, sanitarium, or other institution whose |
| 6 | | principal activity or business is the diagnosis, care, and |
| 7 | | treatment of human illness through the maintenance and |
| 8 | | operation as organized facilities therefore, which is |
| 9 | | required to be licensed under the Hospital Licensing Act; |
| 10 | | (3) Any "facility for child care" as defined in the |
| 11 | | Child Care Act of 1969; |
| 12 | | (4) Any "community living facility" as defined in the |
| 13 | | Community Living Facilities Licensing Act; |
| 14 | | (5) Any "community residential alternative" as defined |
| 15 | | in the Community Residential Alternatives Licensing Act; |
| 16 | | (6) Any nursing home or sanatorium operated solely by |
| 17 | | and for persons who rely exclusively upon treatment by |
| 18 | | spiritual means through prayer, in accordance with the |
| 19 | | creed or tenets of any well recognized church or religious |
| 20 | | denomination. However, such nursing home or sanatorium |
| 21 | | shall comply with all local laws and rules relating to |
| 22 | | sanitation and safety; |
| 23 | | (7) Any facility licensed by the Department of Human |
| 24 | | Services as a community-integrated living arrangement as |
| 25 | | defined in the Community-Integrated Living Arrangements |
| 26 | | Licensure and Certification Act; |
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| 1 | | (8) Any facility licensed under the Nursing Home Care |
| 2 | | Act; |
| 3 | | (9) Any ID/DD facility under the ID/DD Community Care |
| 4 | | Act; |
| 5 | | (10) Any "supportive residence" licensed under the |
| 6 | | Supportive Residences Licensing Act; |
| 7 | | (11) Any "supportive living facility" in good standing |
| 8 | | with the program established under Section 5-5.01a of the |
| 9 | | Illinois Public Aid Code, except only for purposes of the |
| 10 | | employment of persons in accordance with Section 3-206.01; |
| 11 | | (12) Any assisted living or shared housing |
| 12 | | establishment licensed under the Assisted Living and |
| 13 | | Shared Housing Act, except only for purposes of the |
| 14 | | employment of persons in accordance with Section 3-206.01; |
| 15 | | (13) An Alzheimer's disease management center |
| 16 | | alternative health care model licensed under the |
| 17 | | Alternative Health Care Delivery Act; or |
| 18 | | (14) A home, institution, or other place operated by |
| 19 | | or under the authority of the Illinois Department of |
| 20 | | Veterans Veterans' Affairs. |
| 21 | | (Source: P.A. 99-180, eff. 7-29-15.) |
| 22 | | Section 255. The ID/DD Community Care Act is amended by |
| 23 | | changing Section 1-113 as follows: |
| 24 | | (210 ILCS 47/1-113) |
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| 1 | | Sec. 1-113. Facility. "ID/DD facility" or "facility" |
| 2 | | means an intermediate care facility for persons with |
| 3 | | developmental disabilities, whether operated for profit or |
| 4 | | not, which provides, through its ownership or management, |
| 5 | | personal care or nursing for 3 or more persons not related to |
| 6 | | the applicant or owner by blood or marriage. It includes |
| 7 | | intermediate care facilities for the intellectually disabled |
| 8 | | as the term is defined in Title XVIII and Title XIX of the |
| 9 | | federal Social Security Act. |
| 10 | | "Facility" does not include the following: |
| 11 | | (1) A home, institution, or other place operated by |
| 12 | | the federal government or agency thereof, or by the State |
| 13 | | of Illinois, other than homes, institutions, or other |
| 14 | | places operated by or under the authority of the Illinois |
| 15 | | Department of Veterans Veterans' Affairs; |
| 16 | | (2) A hospital, sanitarium, or other institution whose |
| 17 | | principal activity or business is the diagnosis, care, and |
| 18 | | treatment of human illness through the maintenance and |
| 19 | | operation as organized facilities therefore, which is |
| 20 | | required to be licensed under the Hospital Licensing Act; |
| 21 | | (3) Any "facility for child care" as defined in the |
| 22 | | Child Care Act of 1969; |
| 23 | | (4) Any "community living facility" as defined in the |
| 24 | | Community Living Facilities Licensing Act; |
| 25 | | (5) Any "community residential alternative" as defined |
| 26 | | in the Community Residential Alternatives Licensing Act; |
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| 1 | | (6) Any nursing home or sanatorium operated solely by |
| 2 | | and for persons who rely exclusively upon treatment by |
| 3 | | spiritual means through prayer, in accordance with the |
| 4 | | creed or tenets of any well recognized church or religious |
| 5 | | denomination. However, such nursing home or sanatorium |
| 6 | | shall comply with all local laws and rules relating to |
| 7 | | sanitation and safety; |
| 8 | | (7) Any facility licensed by the Department of Human |
| 9 | | Services as a community-integrated living arrangement as |
| 10 | | defined in the Community-Integrated Living Arrangements |
| 11 | | Licensure and Certification Act; |
| 12 | | (8) Any "supportive residence" licensed under the |
| 13 | | Supportive Residences Licensing Act; |
| 14 | | (9) Any "supportive living facility" in good standing |
| 15 | | with the program established under Section 5-5.01a of the |
| 16 | | Illinois Public Aid Code, except only for purposes of the |
| 17 | | employment of persons in accordance with Section 3-206.01; |
| 18 | | (10) Any assisted living or shared housing |
| 19 | | establishment licensed under the Assisted Living and |
| 20 | | Shared Housing Act, except only for purposes of the |
| 21 | | employment of persons in accordance with Section 3-206.01; |
| 22 | | (11) An Alzheimer's disease management center |
| 23 | | alternative health care model licensed under the |
| 24 | | Alternative Health Care Delivery Act; |
| 25 | | (12) A home, institution, or other place operated by |
| 26 | | or under the authority of the Illinois Department of |
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| 1 | | Veterans Veterans' Affairs; or |
| 2 | | (13) Any MC/DD facility licensed under the MC/DD Act. |
| 3 | | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
| 4 | | 99-642, eff. 7-28-16.) |
| 5 | | Section 260. The Specialized Mental Health Rehabilitation |
| 6 | | Act of 2013 is amended by changing Section 1-102 as follows: |
| 7 | | (210 ILCS 49/1-102) |
| 8 | | Sec. 1-102. Definitions. For the purposes of this Act, |
| 9 | | unless the context otherwise requires: |
| 10 | | "Abuse" means any physical or mental injury or sexual |
| 11 | | assault inflicted on a consumer other than by accidental means |
| 12 | | in a facility. |
| 13 | | "Accreditation" means any of the following: |
| 14 | | (1) the Joint Commission; |
| 15 | | (2) the Commission on Accreditation of Rehabilitation |
| 16 | | Facilities; |
| 17 | | (3) the Healthcare Facilities Accreditation Program; |
| 18 | | or |
| 19 | | (4) any other national standards of care as approved |
| 20 | | by the Department. |
| 21 | | "APRN" means an Advanced Practice Registered Nurse, |
| 22 | | nationally certified as a mental health or psychiatric nurse |
| 23 | | practitioner and licensed under the Nurse Practice Act. |
| 24 | | "Applicant" means any person making application for a |
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| 1 | | license or a provisional license under this Act. |
| 2 | | "Consumer" means a person, 18 years of age or older, |
| 3 | | admitted to a mental health rehabilitation facility for |
| 4 | | evaluation, observation, diagnosis, treatment, stabilization, |
| 5 | | recovery, and rehabilitation. |
| 6 | | "Consumer" does not mean any of the following: |
| 7 | | (i) an individual requiring a locked setting; |
| 8 | | (ii) an individual requiring psychiatric |
| 9 | | hospitalization because of an acute psychiatric crisis; |
| 10 | | (iii) an individual under 18 years of age; |
| 11 | | (iv) an individual who is actively suicidal or violent |
| 12 | | toward others; |
| 13 | | (v) an individual who has been found unfit to stand |
| 14 | | trial and is currently subject to a court order requiring |
| 15 | | placement in secure inpatient care in the custody of the |
| 16 | | Department of Human Services pursuant to Section 104-17 of |
| 17 | | the Code of Criminal Procedure of 1963; |
| 18 | | (vi) an individual who has been found not guilty by |
| 19 | | reason of insanity and is currently subject to a court |
| 20 | | order requiring placement in secure inpatient care in the |
| 21 | | custody of the Department of Human Services pursuant to |
| 22 | | Section 5-2-4 of the Unified Code of Corrections; |
| 23 | | (vii) an individual subject to temporary detention and |
| 24 | | examination under Section 3-607 of the Mental Health and |
| 25 | | Developmental Disabilities Code; |
| 26 | | (viii) an individual deemed clinically appropriate for |
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| 1 | | inpatient admission in a State psychiatric hospital; and |
| 2 | | (ix) an individual transferred by the Department of |
| 3 | | Corrections pursuant to Section 3-8-5 of the Unified Code |
| 4 | | of Corrections. |
| 5 | | "Consumer record" means a record that organizes all |
| 6 | | information on the care, treatment, and rehabilitation |
| 7 | | services rendered to a consumer in a specialized mental health |
| 8 | | rehabilitation facility. |
| 9 | | "Controlled drugs" means those drugs covered under the |
| 10 | | federal Comprehensive Drug Abuse Prevention Control Act of |
| 11 | | 1970, as amended, or the Illinois Controlled Substances Act. |
| 12 | | "Department" means the Department of Public Health. |
| 13 | | "Discharge" means the full release of any consumer from a |
| 14 | | facility. |
| 15 | | "Drug administration" means the act in which a single dose |
| 16 | | of a prescribed drug or biological is given to a consumer. The |
| 17 | | complete act of administration entails removing an individual |
| 18 | | dose from a container, verifying the dose with the |
| 19 | | prescriber's orders, giving the individual dose to the |
| 20 | | consumer, and promptly recording the time and dose given. |
| 21 | | "Drug dispensing" means the act entailing the following of |
| 22 | | a prescription order for a drug or biological and proper |
| 23 | | selection, measuring, packaging, labeling, and issuance of the |
| 24 | | drug or biological to a consumer. |
| 25 | | "Emergency" means a situation, physical condition, or one |
| 26 | | or more practices, methods, or operations which present |
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| 1 | | imminent danger of death or serious physical or mental harm to |
| 2 | | consumers of a facility. |
| 3 | | "Facility" means a specialized mental health |
| 4 | | rehabilitation facility that provides at least one of the |
| 5 | | following services: (1) triage center; (2) crisis |
| 6 | | stabilization; (3) recovery and rehabilitation supports; or |
| 7 | | (4) transitional living units for 3 or more persons. The |
| 8 | | facility shall provide a 24-hour program that provides |
| 9 | | intensive support and recovery services designed to assist |
| 10 | | persons, 18 years or older, with mental disorders to develop |
| 11 | | the skills to become self-sufficient and capable of increasing |
| 12 | | levels of independent functioning. It includes facilities that |
| 13 | | meet the following criteria: |
| 14 | | (1) 100% of the consumer population of the facility |
| 15 | | has a diagnosis of serious mental illness; |
| 16 | | (2) no more than 15% of the consumer population of the |
| 17 | | facility is 65 years of age or older; |
| 18 | | (3) none of the consumers are non-ambulatory; |
| 19 | | (4) none of the consumers have a primary diagnosis of |
| 20 | | moderate, severe, or profound intellectual disability; and |
| 21 | | (5) the facility must have been licensed under the |
| 22 | | Specialized Mental Health Rehabilitation Act or the |
| 23 | | Nursing Home Care Act immediately preceding July 22, 2013 |
| 24 | | (the effective date of this Act) and qualifies as an |
| 25 | | institute for mental disease under the federal definition |
| 26 | | of the term. |
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| 1 | | "Facility" does not include the following: |
| 2 | | (1) a home, institution, or place operated by the |
| 3 | | federal government or agency thereof, or by the State of |
| 4 | | Illinois; |
| 5 | | (2) a hospital, sanitarium, or other institution whose |
| 6 | | principal activity or business is the diagnosis, care, and |
| 7 | | treatment of human illness through the maintenance and |
| 8 | | operation as organized facilities therefor which is |
| 9 | | required to be licensed under the Hospital Licensing Act; |
| 10 | | (3) a facility for child care as defined in the Child |
| 11 | | Care Act of 1969; |
| 12 | | (4) a community living facility as defined in the |
| 13 | | Community Living Facilities Licensing Act; |
| 14 | | (5) a nursing home or sanitarium operated solely by |
| 15 | | and for persons who rely exclusively upon treatment by |
| 16 | | spiritual means through prayer, in accordance with the |
| 17 | | creed or tenets of any well-recognized church or religious |
| 18 | | denomination; however, such nursing home or sanitarium |
| 19 | | shall comply with all local laws and rules relating to |
| 20 | | sanitation and safety; |
| 21 | | (6) a facility licensed by the Department of Human |
| 22 | | Services as a community-integrated living arrangement as |
| 23 | | defined in the Community-Integrated Living Arrangements |
| 24 | | Licensure and Certification Act; |
| 25 | | (7) a supportive residence licensed under the |
| 26 | | Supportive Residences Licensing Act; |
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| 1 | | (8) a supportive living facility in good standing with |
| 2 | | the program established under Section 5-5.01a of the |
| 3 | | Illinois Public Aid Code, except only for purposes of the |
| 4 | | employment of persons in accordance with Section 3-206.01 |
| 5 | | of the Nursing Home Care Act; |
| 6 | | (9) an assisted living or shared housing establishment |
| 7 | | licensed under the Assisted Living and Shared Housing Act, |
| 8 | | except only for purposes of the employment of persons in |
| 9 | | accordance with Section 3-206.01 of the Nursing Home Care |
| 10 | | Act; |
| 11 | | (10) an Alzheimer's disease management center |
| 12 | | alternative health care model licensed under the |
| 13 | | Alternative Health Care Delivery Act; |
| 14 | | (11) a home, institution, or other place operated by |
| 15 | | or under the authority of the Illinois Department of |
| 16 | | Veterans Veterans' Affairs; |
| 17 | | (12) a facility licensed under the ID/DD Community |
| 18 | | Care Act; |
| 19 | | (13) a facility licensed under the Nursing Home Care |
| 20 | | Act after July 22, 2013 (the effective date of this Act); |
| 21 | | or |
| 22 | | (14) a facility licensed under the MC/DD Act. |
| 23 | | "Executive director" means a person who is charged with |
| 24 | | the general administration and supervision of a facility |
| 25 | | licensed under this Act and who is a licensed nursing home |
| 26 | | administrator, licensed practitioner of the healing arts, or |
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| 1 | | qualified mental health professional. |
| 2 | | "Guardian" means a person appointed as a guardian of the |
| 3 | | person or guardian of the estate, or both, of a consumer under |
| 4 | | the Probate Act of 1975. |
| 5 | | "Identified offender" means a person who meets any of the |
| 6 | | following criteria: |
| 7 | | (1) Has been convicted of, found guilty of, |
| 8 | | adjudicated delinquent for, found not guilty by reason of |
| 9 | | insanity for, or found unfit to stand trial for, any |
| 10 | | felony offense listed in Section 25 of the Health Care |
| 11 | | Worker Background Check Act, except for the following: |
| 12 | | (i) a felony offense described in Section 10-5 of |
| 13 | | the Nurse Practice Act; |
| 14 | | (ii) a felony offense described in Section 4, 5, |
| 15 | | 6, 8, or 17.02 of the Illinois Credit Card and Debit |
| 16 | | Card Act; |
| 17 | | (iii) a felony offense described in Section 5, |
| 18 | | 5.1, 5.2, 7, or 9 of the Cannabis Control Act; |
| 19 | | (iv) a felony offense described in Section 401, |
| 20 | | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois |
| 21 | | Controlled Substances Act; and |
| 22 | | (v) a felony offense described in the |
| 23 | | Methamphetamine Control and Community Protection Act. |
| 24 | | (2) Has been convicted of, adjudicated delinquent for, |
| 25 | | found not guilty by reason of insanity for, or found unfit |
| 26 | | to stand trial for any sex offense as defined in |
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| 1 | | subsection (c) of Section 10 of the Sex Offender |
| 2 | | Management Board Act. |
| 3 | | "Transitional living units" are residential units within a |
| 4 | | facility that have the purpose of assisting the consumer in |
| 5 | | developing and reinforcing the necessary skills to live |
| 6 | | independently outside of the facility. The duration of stay in |
| 7 | | such a setting shall not exceed 120 days for each consumer. |
| 8 | | Nothing in this definition shall be construed to be a |
| 9 | | prerequisite for transitioning out of a facility. |
| 10 | | "Licensee" means the person, persons, firm, partnership, |
| 11 | | association, organization, company, corporation, or business |
| 12 | | trust to which a license has been issued. |
| 13 | | "Misappropriation of a consumer's property" means the |
| 14 | | deliberate misplacement, exploitation, or wrongful temporary |
| 15 | | or permanent use of a consumer's belongings or money without |
| 16 | | the consent of a consumer or his or her guardian. |
| 17 | | "Neglect" means a facility's failure to provide, or |
| 18 | | willful withholding of, adequate medical care, mental health |
| 19 | | treatment, psychiatric rehabilitation, personal care, or |
| 20 | | assistance that is necessary to avoid physical harm and mental |
| 21 | | anguish of a consumer. |
| 22 | | "Personal care" means assistance with meals, dressing, |
| 23 | | movement, bathing, or other personal needs, maintenance, or |
| 24 | | general supervision and oversight of the physical and mental |
| 25 | | well-being of an individual who is incapable of maintaining a |
| 26 | | private, independent residence or who is incapable of managing |
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| 1 | | his or her person, whether or not a guardian has been appointed |
| 2 | | for such individual. "Personal care" shall not be construed to |
| 3 | | confine or otherwise constrain a facility's pursuit to develop |
| 4 | | the skills and abilities of a consumer to become |
| 5 | | self-sufficient and capable of increasing levels of |
| 6 | | independent functioning. |
| 7 | | "Recovery and rehabilitation supports" means a program |
| 8 | | that facilitates a consumer's longer-term symptom management |
| 9 | | and stabilization while preparing the consumer for |
| 10 | | transitional living units by improving living skills and |
| 11 | | community socialization. The duration of stay in such a |
| 12 | | setting shall be established by the Department by rule. |
| 13 | | "Restraint" means: |
| 14 | | (i) a physical restraint that is any manual method or |
| 15 | | physical or mechanical device, material, or equipment |
| 16 | | attached or adjacent to a consumer's body that the |
| 17 | | consumer cannot remove easily and restricts freedom of |
| 18 | | movement or normal access to one's body; devices used for |
| 19 | | positioning, including, but not limited to, bed rails, |
| 20 | | gait belts, and cushions, shall not be considered to be |
| 21 | | restraints for purposes of this Section; or |
| 22 | | (ii) a chemical restraint that is any drug used for |
| 23 | | discipline or convenience and not required to treat |
| 24 | | medical symptoms; the Department shall, by rule, designate |
| 25 | | certain devices as restraints, including at least all |
| 26 | | those devices that have been determined to be restraints |
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| 1 | | by the United States Department of Health and Human |
| 2 | | Services in interpretive guidelines issued for the |
| 3 | | purposes of administering Titles XVIII and XIX of the |
| 4 | | federal Social Security Act. For the purposes of this Act, |
| 5 | | restraint shall be administered only after utilizing a |
| 6 | | coercive free environment and culture. |
| 7 | | "Self-administration of medication" means consumers shall |
| 8 | | be responsible for the control, management, and use of their |
| 9 | | own medication. |
| 10 | | "Crisis stabilization" means a secure and separate unit |
| 11 | | that provides short-term behavioral, emotional, or psychiatric |
| 12 | | crisis stabilization as an alternative to hospitalization or |
| 13 | | re-hospitalization for consumers from residential or community |
| 14 | | placement. The duration of stay in such a setting shall not |
| 15 | | exceed 21 days for each consumer. |
| 16 | | "Therapeutic separation" means the removal of a consumer |
| 17 | | from the milieu to a room or area which is designed to aid in |
| 18 | | the emotional or psychiatric stabilization of that consumer. |
| 19 | | "Triage center" means a non-residential 23-hour center |
| 20 | | that serves as an alternative to emergency room care, |
| 21 | | hospitalization, or re-hospitalization for consumers in need |
| 22 | | of short-term crisis stabilization. Consumers may access a |
| 23 | | triage center from a number of referral sources, including |
| 24 | | family, emergency rooms, hospitals, community behavioral |
| 25 | | health providers, federally qualified health providers, or |
| 26 | | schools, including colleges or universities. A triage center |
|
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| 1 | | may be located in a building separate from the licensed |
| 2 | | location of a facility, but shall not be more than 1,000 feet |
| 3 | | from the licensed location of the facility and must meet all of |
| 4 | | the facility standards applicable to the licensed location. If |
| 5 | | the triage center does operate in a separate building, safety |
| 6 | | personnel shall be provided, on site, 24 hours per day and the |
| 7 | | triage center shall meet all other staffing requirements |
| 8 | | without counting any staff employed in the main facility |
| 9 | | building. |
| 10 | | (Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.) |
| 11 | | Section 275. The Health Care Violence Prevention Act is |
| 12 | | amended by changing Section 5 as follows: |
| 13 | | (210 ILCS 160/5) |
| 14 | | Sec. 5. Definitions. As used in this Act: |
| 15 | | "Committed person" means a person who is in the custody of |
| 16 | | or under the control of a custodial agency, including, but not |
| 17 | | limited to, a person who is incarcerated, under arrest, |
| 18 | | detained, or otherwise under the physical control of a |
| 19 | | custodial agency. |
| 20 | | "Custodial agency" means the Illinois Department of |
| 21 | | Corrections, the Illinois State Police, the sheriff of a |
| 22 | | county, a county jail, a correctional institution, or any |
| 23 | | other State agency, municipality, or unit of local government |
| 24 | | that employs personnel designated as police, peace officers, |
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| 1 | | wardens, corrections officers, or guards or that employs |
| 2 | | personnel vested by law with the power to place or maintain a |
| 3 | | person in custody. |
| 4 | | "Health care provider" means a retail health care |
| 5 | | facility, a hospital subject to the Hospital Licensing Act or |
| 6 | | the University of Illinois Hospital Act, or a veterans home as |
| 7 | | defined in the Department of Veterans Veterans' Affairs Act. |
| 8 | | "Health care worker" means nursing assistants and other |
| 9 | | support personnel, any individual licensed under the laws of |
| 10 | | this State to provide health services, including but not |
| 11 | | limited to: dentists licensed under the Illinois Dental |
| 12 | | Practice Act; dental hygienists licensed under the Illinois |
| 13 | | Dental Practice Act; nurses and advanced practice registered |
| 14 | | nurses licensed under the Nurse Practice Act; occupational |
| 15 | | therapists licensed under the Illinois Occupational Therapy |
| 16 | | Practice Act; optometrists licensed under the Illinois |
| 17 | | Optometric Practice Act of 1987; pharmacists licensed under |
| 18 | | the Pharmacy Practice Act; physical therapists licensed under |
| 19 | | the Illinois Physical Therapy Act; physicians licensed under |
| 20 | | the Medical Practice Act of 1987; physician assistants |
| 21 | | licensed under the Physician Assistant Practice Act of 1987; |
| 22 | | podiatric physicians licensed under the Podiatric Medical |
| 23 | | Practice Act of 1987; clinical psychologists licensed under |
| 24 | | the Clinical Psychologist Licensing Act; clinical social |
| 25 | | workers licensed under the Clinical Social Work and Social |
| 26 | | Work Practice Act; speech-language pathologists and |
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| 1 | | audiologists licensed under the Illinois Speech-Language |
| 2 | | Pathology and Audiology Practice Act; or hearing instrument |
| 3 | | dispensers licensed under the Hearing Instrument Consumer |
| 4 | | Protection Act, or any of their successor Acts. |
| 5 | | "Nurse" means a person who is licensed to practice nursing |
| 6 | | under the Nurse Practice Act. |
| 7 | | "Retail health care facility" means an institution, place, |
| 8 | | or building, or any portion thereof, that: |
| 9 | | (1) is devoted to the maintenance and operation of a |
| 10 | | facility for the performance of health care services and |
| 11 | | is located within a retail store at a specific location; |
| 12 | | (2) does not provide surgical services or any form of |
| 13 | | general anesthesia; |
| 14 | | (3) does not provide beds or other accommodations for |
| 15 | | either the long-term or overnight stay of patients; and |
| 16 | | (4) discharges individual patients in an ambulatory |
| 17 | | condition without danger to the continued well-being of |
| 18 | | the patients and transfers non-ambulatory patients to |
| 19 | | hospitals. |
| 20 | | "Retail health care facility" does not include hospitals, |
| 21 | | long-term care facilities, ambulatory treatment centers, blood |
| 22 | | banks, clinical laboratories, offices of physicians, advanced |
| 23 | | practice registered nurses, podiatrists, and physician |
| 24 | | assistants, and pharmacies that provide limited health care |
| 25 | | services. |
| 26 | | (Source: P.A. 100-1051, eff. 1-1-19.) |
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| 1 | | Section 280. The Essential Support Person Act is amended |
| 2 | | by changing Section 5 as follows: |
| 3 | | (210 ILCS 175/5) |
| 4 | | Sec. 5. Definitions. In this Act: |
| 5 | | "Department" means the Department of Public Health. |
| 6 | | "Essential support" means support that includes, but is |
| 7 | | not limited to: |
| 8 | | (1) assistance with activities of daily living; and |
| 9 | | (2) physical, emotional, psychological, and |
| 10 | | socialization support for the resident. |
| 11 | | "Facility" means any of the following: a facility as |
| 12 | | defined in Section 10 of the Alzheimer's Disease and Related |
| 13 | | Dementias Special Care Disclosure Act; an assisted living |
| 14 | | establishment or shared housing establishment as defined in |
| 15 | | Section 10 of the Assisted Living and Shared Housing Act; a |
| 16 | | Community Living Facility as defined in Section 3 of the |
| 17 | | Community Living Facilities Licensing Act; a facility as |
| 18 | | defined in Section 2 of the Life Care Facilities Act; a |
| 19 | | continuum of care facility as defined in Section 10 of the |
| 20 | | Continuum of Care Services for the Developmentally Disabled |
| 21 | | Act; a facility as defined in Section 1-113 of the Nursing Home |
| 22 | | Care Act; a MC/DD facility as defined in Section 1-113 of the |
| 23 | | MC/DD Act; an ID/DD facility as defined in Section 1-113 of the |
| 24 | | ID/DD Community Care Act; a hospice program as defined in |
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| 1 | | Section 3 of the Hospice Program Licensing Act; a Supportive |
| 2 | | Residence as defined in Section 10 of the Supportive |
| 3 | | Residences Licensing Act; a facility as defined in Section |
| 4 | | 1-102 of the Specialized Mental Health Rehabilitation Act of |
| 5 | | 2013; a home, institution, or other place operated by or under |
| 6 | | the authority of the Department of Veterans Veterans' Affairs; |
| 7 | | an Alzheimer's disease management center alternative health |
| 8 | | care model under the Alternative Health Care Delivery Act; and |
| 9 | | a home, institution, or other place that is a State-operated |
| 10 | | mental health or developmental disability center or facility. |
| 11 | | "Facility" does not include a hospital as defined in the |
| 12 | | Hospital Licensing Act or any hospital authorized under the |
| 13 | | University of Illinois Hospital Act. "Facility" does not |
| 14 | | include any facility that the Department of Public Health or |
| 15 | | the Department of Veterans Veterans' Affairs does not |
| 16 | | regulate. |
| 17 | | "Office" means the Office of State Long Term Care |
| 18 | | Ombudsman. |
| 19 | | "Person-centered care plan" means a care plan for a |
| 20 | | resident developed by the resident or resident's |
| 21 | | representative in consultation with health professionals that |
| 22 | | focuses on the resident's physical, emotional, psychological, |
| 23 | | and socialization needs and describes the resident's right to |
| 24 | | designate a primary essential support person or secondary |
| 25 | | essential support person. |
| 26 | | "Primary essential support person" means a person |
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| 1 | | designated by a resident, or the resident's representative, |
| 2 | | who has access to the resident in accordance with rules set by |
| 3 | | the Department to provide essential support according to the |
| 4 | | resident's person-centered care plan. |
| 5 | | "Resident" means a person who is living in a facility or is |
| 6 | | seeking admission to a facility. "Resident" includes a |
| 7 | | guardian of the person or an agent for the person under a power |
| 8 | | of attorney. |
| 9 | | "Secondary essential support person" means a person |
| 10 | | designated by the resident, or the resident's representative, |
| 11 | | to serve as a backup to a primary essential support person. |
| 12 | | (Source: P.A. 103-261, eff. 6-30-23.) |
| 13 | | Section 285. The Illinois Insurance Code is amended by |
| 14 | | changing Section 356z.12 as follows: |
| 15 | | (215 ILCS 5/356z.12) |
| 16 | | Sec. 356z.12. Dependent coverage. |
| 17 | | (a) A group or individual policy of accident and health |
| 18 | | insurance or managed care plan that provides coverage for |
| 19 | | dependents and that is amended, delivered, issued, or renewed |
| 20 | | after the effective date of this amendatory Act of the 95th |
| 21 | | General Assembly shall not terminate coverage or deny the |
| 22 | | election of coverage for an unmarried dependent by reason of |
| 23 | | the dependent's age before the dependent's 26th birthday. |
| 24 | | (b) A policy or plan subject to this Section shall, upon |
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| 1 | | amendment, delivery, issuance, or renewal, establish an |
| 2 | | initial enrollment period of not less than 90 days during |
| 3 | | which an insured may make a written election for coverage of an |
| 4 | | unmarried person as a dependent under this Section. After the |
| 5 | | initial enrollment period, enrollment by a dependent pursuant |
| 6 | | to this Section shall be consistent with the enrollment terms |
| 7 | | of the plan or policy. |
| 8 | | (c) A policy or plan subject to this Section shall allow |
| 9 | | for dependent coverage during the annual open enrollment date |
| 10 | | or the annual renewal date if the dependent, as of the date on |
| 11 | | which the insured elects dependent coverage under this |
| 12 | | subsection, has: |
| 13 | | (1) a period of continuous creditable coverage of 90 |
| 14 | | days or more; and |
| 15 | | (2) not been without creditable coverage for more than |
| 16 | | 63 days. |
| 17 | | An insured may elect coverage for a dependent who does not meet |
| 18 | | the continuous creditable coverage requirements of this |
| 19 | | subsection (c) and that dependent shall not be denied coverage |
| 20 | | due to age. |
| 21 | | For purposes of this subsection (c), "creditable coverage" |
| 22 | | shall have the meaning provided under subsection (C)(1) of |
| 23 | | Section 20 of the Illinois Health Insurance Portability and |
| 24 | | Accountability Act. |
| 25 | | (d) Military personnel. A group or individual policy of |
| 26 | | accident and health insurance or managed care plan that |
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| 1 | | provides coverage for dependents and that is amended, |
| 2 | | delivered, issued, or renewed after the effective date of this |
| 3 | | amendatory Act of the 95th General Assembly shall not |
| 4 | | terminate coverage or deny the election of coverage for an |
| 5 | | unmarried dependent by reason of the dependent's age before |
| 6 | | the dependent's 30th birthday if the dependent (i) is an |
| 7 | | Illinois resident, (ii) served as a member of the active or |
| 8 | | reserve components of any of the branches of the Armed Forces |
| 9 | | of the United States, and (iii) has received a release or |
| 10 | | discharge other than a dishonorable discharge. To be eligible |
| 11 | | for coverage under this subsection (d), the eligible dependent |
| 12 | | shall submit to the insurer a form approved by the Illinois |
| 13 | | Department of Veterans Veterans' Affairs stating the date on |
| 14 | | which the dependent was released from service. |
| 15 | | (e) Calculation of the cost of coverage provided to an |
| 16 | | unmarried dependent under this Section shall be identical. |
| 17 | | (f) Nothing in this Section shall prohibit an employer |
| 18 | | from requiring an employee to pay all or part of the cost of |
| 19 | | coverage provided under this Section. |
| 20 | | (g) No exclusions or limitations may be applied to |
| 21 | | coverage elected pursuant to this Section that do not apply to |
| 22 | | all dependents covered under the policy. |
| 23 | | (h) A policy or plan subject to this Section shall not |
| 24 | | condition eligibility for dependent coverage provided pursuant |
| 25 | | to this Section on enrollment in any educational institution. |
| 26 | | (i) Notice regarding coverage for a dependent as provided |
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| 1 | | pursuant to this Section shall be provided to an insured by the |
| 2 | | insurer: |
| 3 | | (1) upon application or enrollment; |
| 4 | | (2) in the certificate of coverage or equivalent |
| 5 | | document prepared for an insured and delivered on or about |
| 6 | | the date on which the coverage commences; and |
| 7 | | (3) (blank). |
| 8 | | (Source: P.A. 98-226, eff. 1-1-14.) |
| 9 | | Section 295. The Liquor Control Act of 1934 is amended by |
| 10 | | changing Section 6-15 as follows: |
| 11 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130) |
| 12 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
| 13 | | in any building belonging to or under the control of the State |
| 14 | | or any political subdivision thereof except as provided in |
| 15 | | this Act. The corporate authorities of any city, village, |
| 16 | | incorporated town, township, or county may provide by |
| 17 | | ordinance, however, that alcoholic liquor may be sold or |
| 18 | | delivered in any specifically designated building belonging to |
| 19 | | or under the control of the municipality, township, or county, |
| 20 | | or in any building located on land under the control of the |
| 21 | | municipality, township, or county; provided that such township |
| 22 | | or county complies with all applicable local ordinances in any |
| 23 | | incorporated area of the township or county. Alcoholic liquor |
| 24 | | may be delivered to and sold under the authority of a special |
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| 1 | | use permit on any property owned by a conservation district |
| 2 | | organized under the Conservation District Act, provided that |
| 3 | | (i) the alcoholic liquor is sold only at an event authorized by |
| 4 | | the governing board of the conservation district, (ii) the |
| 5 | | issuance of the special use permit is authorized by the local |
| 6 | | liquor control commissioner of the territory in which the |
| 7 | | property is located, and (iii) the special use permit |
| 8 | | authorizes the sale of alcoholic liquor for one day or less. |
| 9 | | Alcoholic liquors may be delivered to and sold at any airport |
| 10 | | belonging to or under the control of a municipality of more |
| 11 | | than 25,000 inhabitants, or in any building or on any golf |
| 12 | | course owned by a park district organized under the Park |
| 13 | | District Code, subject to the approval of the governing board |
| 14 | | of the district, or in any building or on any golf course owned |
| 15 | | by a forest preserve district organized under the Downstate |
| 16 | | Forest Preserve District Act, subject to the approval of the |
| 17 | | governing board of the district, or on the grounds within 500 |
| 18 | | feet of any building owned by a forest preserve district |
| 19 | | organized under the Downstate Forest Preserve District Act |
| 20 | | during times when food is dispensed for consumption within 500 |
| 21 | | feet of the building from which the food is dispensed, subject |
| 22 | | to the approval of the governing board of the district, or in a |
| 23 | | building owned by a Local Mass Transit District organized |
| 24 | | under the Local Mass Transit District Act, subject to the |
| 25 | | approval of the governing Board of the District, or in |
| 26 | | Bicentennial Park, or on the premises of the City of Mendota |
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| 1 | | Lake Park located adjacent to Route 51 in Mendota, Illinois, |
| 2 | | or on the premises of Camden Park in Milan, Illinois, or in the |
| 3 | | community center owned by the City of Loves Park that is |
| 4 | | located at 1000 River Park Drive in Loves Park, Illinois, or, |
| 5 | | in connection with the operation of an established food |
| 6 | | serving facility during times when food is dispensed for |
| 7 | | consumption on the premises, and at the following aquarium and |
| 8 | | museums located in public parks: Art Institute of Chicago, |
| 9 | | Chicago Academy of Sciences, Chicago Historical Society, Field |
| 10 | | Museum of Natural History, Museum of Science and Industry, |
| 11 | | DuSable Museum of African American History, John G. Shedd |
| 12 | | Aquarium and Adler Planetarium, or at Lakeview Museum of Arts |
| 13 | | and Sciences in Peoria, or in connection with the operation of |
| 14 | | the facilities of the Chicago Zoological Society or the |
| 15 | | Chicago Horticultural Society on land owned by the Forest |
| 16 | | Preserve District of Cook County, or on any land used for a |
| 17 | | golf course or for recreational purposes owned by the Forest |
| 18 | | Preserve District of Cook County, subject to the control of |
| 19 | | the Forest Preserve District Board of Commissioners and |
| 20 | | applicable local law, provided that dram shop liability |
| 21 | | insurance is provided at maximum coverage limits so as to hold |
| 22 | | the District harmless from all financial loss, damage, and |
| 23 | | harm, or in any building located on land owned by the Chicago |
| 24 | | Park District if approved by the Park District Commissioners, |
| 25 | | or on any land used for a golf course or for recreational |
| 26 | | purposes and owned by the Illinois International Port District |
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| 1 | | if approved by the District's governing board, or at any |
| 2 | | airport, golf course, faculty center, or facility in which |
| 3 | | conference and convention type activities take place belonging |
| 4 | | to or under control of any State university or public |
| 5 | | community college district, provided that with respect to a |
| 6 | | facility for conference and convention type activities |
| 7 | | alcoholic liquors shall be limited to the use of the |
| 8 | | convention or conference participants or participants in |
| 9 | | cultural, political or educational activities held in such |
| 10 | | facilities, and provided further that the faculty or staff of |
| 11 | | the State university or a public community college district, |
| 12 | | or members of an organization of students, alumni, faculty or |
| 13 | | staff of the State university or a public community college |
| 14 | | district are active participants in the conference or |
| 15 | | convention, or in Memorial Stadium on the campus of the |
| 16 | | University of Illinois at Urbana-Champaign during games in |
| 17 | | which the Chicago Bears professional football team is playing |
| 18 | | in that stadium during the renovation of Soldier Field, not |
| 19 | | more than one and a half hours before the start of the game and |
| 20 | | not after the end of the third quarter of the game, or in the |
| 21 | | Pavilion Facility on the campus of the University of Illinois |
| 22 | | at Chicago during games in which the Chicago Storm |
| 23 | | professional soccer team is playing in that facility, not more |
| 24 | | than one and a half hours before the start of the game and not |
| 25 | | after the end of the third quarter of the game, or in the |
| 26 | | Pavilion Facility on the campus of the University of Illinois |
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| 1 | | at Chicago during games in which the WNBA professional women's |
| 2 | | basketball team is playing in that facility, not more than one |
| 3 | | and a half hours before the start of the game and not after the |
| 4 | | 10-minute mark of the second half of the game, or by a catering |
| 5 | | establishment which has rented facilities from a board of |
| 6 | | trustees of a public community college district, or in a |
| 7 | | restaurant that is operated by a commercial tenant in the |
| 8 | | North Campus Parking Deck building that (1) is located at 1201 |
| 9 | | West University Avenue, Urbana, Illinois and (2) is owned by |
| 10 | | the Board of Trustees of the University of Illinois, or, if |
| 11 | | approved by the District board, on land owned by the |
| 12 | | Metropolitan Sanitary District of Greater Chicago and leased |
| 13 | | to others for a term of at least 20 years. Nothing in this |
| 14 | | Section precludes the sale or delivery of alcoholic liquor in |
| 15 | | the form of original packaged goods in premises located at 500 |
| 16 | | S. Racine in Chicago belonging to the University of Illinois |
| 17 | | and used primarily as a grocery store by a commercial tenant |
| 18 | | during the term of a lease that predates the University's |
| 19 | | acquisition of the premises; but the University shall have no |
| 20 | | power or authority to renew, transfer, or extend the lease |
| 21 | | with terms allowing the sale of alcoholic liquor; and the sale |
| 22 | | of alcoholic liquor shall be subject to all local laws and |
| 23 | | regulations. After the acquisition by Winnebago County of the |
| 24 | | property located at 404 Elm Street in Rockford, a commercial |
| 25 | | tenant who sold alcoholic liquor at retail on a portion of the |
| 26 | | property under a valid license at the time of the acquisition |
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| 1 | | may continue to do so for so long as the tenant and the County |
| 2 | | may agree under existing or future leases, subject to all |
| 3 | | local laws and regulations regarding the sale of alcoholic |
| 4 | | liquor. Alcoholic liquors may be delivered to and sold at |
| 5 | | Memorial Hall, located at 211 North Main Street, Rockford, |
| 6 | | under conditions approved by Winnebago County and subject to |
| 7 | | all local laws and regulations regarding the sale of alcoholic |
| 8 | | liquor. Each facility shall provide dram shop liability in |
| 9 | | maximum insurance coverage limits so as to save harmless the |
| 10 | | State, municipality, State university, airport, golf course, |
| 11 | | faculty center, facility in which conference and convention |
| 12 | | type activities take place, park district, Forest Preserve |
| 13 | | District, public community college district, aquarium, museum, |
| 14 | | or sanitary district from all financial loss, damage or harm. |
| 15 | | Alcoholic liquors may be sold at retail in buildings of golf |
| 16 | | courses owned by municipalities or Illinois State University |
| 17 | | in connection with the operation of an established food |
| 18 | | serving facility during times when food is dispensed for |
| 19 | | consumption upon the premises. Alcoholic liquors may be |
| 20 | | delivered to and sold at retail in any building owned by a fire |
| 21 | | protection district organized under the Fire Protection |
| 22 | | District Act, provided that such delivery and sale is approved |
| 23 | | by the board of trustees of the district, and provided further |
| 24 | | that such delivery and sale is limited to fundraising events |
| 25 | | and to a maximum of 6 events per year. However, the limitation |
| 26 | | to fundraising events and to a maximum of 6 events per year |
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| 1 | | does not apply to the delivery, sale, or manufacture of |
| 2 | | alcoholic liquors at the building located at 59 Main Street in |
| 3 | | Oswego, Illinois, owned by the Oswego Fire Protection District |
| 4 | | if the alcoholic liquor is sold or dispensed as approved by the |
| 5 | | Oswego Fire Protection District and the property is no longer |
| 6 | | being utilized for fire protection purposes. |
| 7 | | Alcoholic liquors may be served or sold in buildings under |
| 8 | | the control of the Board of Trustees of the University of |
| 9 | | Illinois for events that the Board may determine are public |
| 10 | | events and not related student activities. The Board of |
| 11 | | Trustees shall issue a written policy within 6 months of |
| 12 | | August 15, 2008 (the effective date of Public Act 95-847) |
| 13 | | concerning the types of events that would be eligible for an |
| 14 | | exemption. Thereafter, the Board of Trustees may issue |
| 15 | | revised, updated, new, or amended policies as it deems |
| 16 | | necessary and appropriate. In preparing its written policy, |
| 17 | | the Board of Trustees shall, among other factors it considers |
| 18 | | relevant and important, give consideration to the following: |
| 19 | | (i) whether the event is a student activity or student-related |
| 20 | | student related activity; (ii) whether the physical setting of |
| 21 | | the event is conducive to control of liquor sales and |
| 22 | | distribution; (iii) the ability of the event operator to |
| 23 | | ensure that the sale or serving of alcoholic liquors and the |
| 24 | | demeanor of the participants are in accordance with State law |
| 25 | | and University policies; (iv) regarding the anticipated |
| 26 | | attendees at the event, the relative proportion of individuals |
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| 1 | | under the age of 21 to individuals age 21 or older; (v) the |
| 2 | | ability of the venue operator to prevent the sale or |
| 3 | | distribution of alcoholic liquors to individuals under the age |
| 4 | | of 21; (vi) whether the event prohibits participants from |
| 5 | | removing alcoholic beverages from the venue; and (vii) whether |
| 6 | | the event prohibits participants from providing their own |
| 7 | | alcoholic liquors to the venue. In addition, any policy |
| 8 | | submitted by the Board of Trustees to the Illinois Liquor |
| 9 | | Control Commission must require that any event at which |
| 10 | | alcoholic liquors are served or sold in buildings under the |
| 11 | | control of the Board of Trustees shall require the prior |
| 12 | | written approval of the Office of the Chancellor for the |
| 13 | | University campus where the event is located. The Board of |
| 14 | | Trustees shall submit its policy, and any subsequently |
| 15 | | revised, updated, new, or amended policies, to the Illinois |
| 16 | | Liquor Control Commission, and any University event, or |
| 17 | | location for an event, exempted under such policies shall |
| 18 | | apply for a license under the applicable Sections of this Act. |
| 19 | | Alcoholic liquors may be served or sold in buildings under |
| 20 | | the control of the Board of Trustees of Northern Illinois |
| 21 | | University for events that the Board may determine are public |
| 22 | | events and not student-related activities. The Board of |
| 23 | | Trustees shall issue a written policy within 6 months after |
| 24 | | June 28, 2011 (the effective date of Public Act 97-45) |
| 25 | | concerning the types of events that would be eligible for an |
| 26 | | exemption. Thereafter, the Board of Trustees may issue |
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| 1 | | revised, updated, new, or amended policies as it deems |
| 2 | | necessary and appropriate. In preparing its written policy, |
| 3 | | the Board of Trustees shall, in addition to other factors it |
| 4 | | considers relevant and important, give consideration to the |
| 5 | | following: (i) whether the event is a student activity or |
| 6 | | student-related activity; (ii) whether the physical setting of |
| 7 | | the event is conducive to control of liquor sales and |
| 8 | | distribution; (iii) the ability of the event operator to |
| 9 | | ensure that the sale or serving of alcoholic liquors and the |
| 10 | | demeanor of the participants are in accordance with State law |
| 11 | | and University policies; (iv) the anticipated attendees at the |
| 12 | | event and the relative proportion of individuals under the age |
| 13 | | of 21 to individuals age 21 or older; (v) the ability of the |
| 14 | | venue operator to prevent the sale or distribution of |
| 15 | | alcoholic liquors to individuals under the age of 21; (vi) |
| 16 | | whether the event prohibits participants from removing |
| 17 | | alcoholic beverages from the venue; and (vii) whether the |
| 18 | | event prohibits participants from providing their own |
| 19 | | alcoholic liquors to the venue. |
| 20 | | Alcoholic liquors may be served or sold in buildings under |
| 21 | | the control of the Board of Trustees of Chicago State |
| 22 | | University for events that the Board may determine are public |
| 23 | | events and not student-related activities. The Board of |
| 24 | | Trustees shall issue a written policy within 6 months after |
| 25 | | August 2, 2013 (the effective date of Public Act 98-132) |
| 26 | | concerning the types of events that would be eligible for an |
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| 1 | | exemption. Thereafter, the Board of Trustees may issue |
| 2 | | revised, updated, new, or amended policies as it deems |
| 3 | | necessary and appropriate. In preparing its written policy, |
| 4 | | the Board of Trustees shall, in addition to other factors it |
| 5 | | considers relevant and important, give consideration to the |
| 6 | | following: (i) whether the event is a student activity or |
| 7 | | student-related activity; (ii) whether the physical setting of |
| 8 | | the event is conducive to control of liquor sales and |
| 9 | | distribution; (iii) the ability of the event operator to |
| 10 | | ensure that the sale or serving of alcoholic liquors and the |
| 11 | | demeanor of the participants are in accordance with State law |
| 12 | | and University policies; (iv) the anticipated attendees at the |
| 13 | | event and the relative proportion of individuals under the age |
| 14 | | of 21 to individuals age 21 or older; (v) the ability of the |
| 15 | | venue operator to prevent the sale or distribution of |
| 16 | | alcoholic liquors to individuals under the age of 21; (vi) |
| 17 | | whether the event prohibits participants from removing |
| 18 | | alcoholic beverages from the venue; and (vii) whether the |
| 19 | | event prohibits participants from providing their own |
| 20 | | alcoholic liquors to the venue. |
| 21 | | Alcoholic liquors may be served or sold in buildings under |
| 22 | | the control of the Board of Trustees of Illinois State |
| 23 | | University for events that the Board may determine are public |
| 24 | | events and not student-related activities. The Board of |
| 25 | | Trustees shall issue a written policy within 6 months after |
| 26 | | March 1, 2013 (the effective date of Public Act 97-1166) |
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| 1 | | concerning the types of events that would be eligible for an |
| 2 | | exemption. Thereafter, the Board of Trustees may issue |
| 3 | | revised, updated, new, or amended policies as it deems |
| 4 | | necessary and appropriate. In preparing its written policy, |
| 5 | | the Board of Trustees shall, in addition to other factors it |
| 6 | | considers relevant and important, give consideration to the |
| 7 | | following: (i) whether the event is a student activity or |
| 8 | | student-related activity; (ii) whether the physical setting of |
| 9 | | the event is conducive to control of liquor sales and |
| 10 | | distribution; (iii) the ability of the event operator to |
| 11 | | ensure that the sale or serving of alcoholic liquors and the |
| 12 | | demeanor of the participants are in accordance with State law |
| 13 | | and University policies; (iv) the anticipated attendees at the |
| 14 | | event and the relative proportion of individuals under the age |
| 15 | | of 21 to individuals age 21 or older; (v) the ability of the |
| 16 | | venue operator to prevent the sale or distribution of |
| 17 | | alcoholic liquors to individuals under the age of 21; (vi) |
| 18 | | whether the event prohibits participants from removing |
| 19 | | alcoholic beverages from the venue; and (vii) whether the |
| 20 | | event prohibits participants from providing their own |
| 21 | | alcoholic liquors to the venue. |
| 22 | | Alcoholic liquors may be served or sold in buildings under |
| 23 | | the control of the Board of Trustees of Southern Illinois |
| 24 | | University for events that the Board may determine are public |
| 25 | | events and not student-related activities. The Board of |
| 26 | | Trustees shall issue a written policy within 6 months after |
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| 1 | | August 12, 2016 (the effective date of Public Act 99-795) |
| 2 | | concerning the types of events that would be eligible for an |
| 3 | | exemption. Thereafter, the Board of Trustees may issue |
| 4 | | revised, updated, new, or amended policies as it deems |
| 5 | | necessary and appropriate. In preparing its written policy, |
| 6 | | the Board of Trustees shall, in addition to other factors it |
| 7 | | considers relevant and important, give consideration to the |
| 8 | | following: (i) whether the event is a student activity or |
| 9 | | student-related activity; (ii) whether the physical setting of |
| 10 | | the event is conducive to control of liquor sales and |
| 11 | | distribution; (iii) the ability of the event operator to |
| 12 | | ensure that the sale or serving of alcoholic liquors and the |
| 13 | | demeanor of the participants are in accordance with State law |
| 14 | | and University policies; (iv) the anticipated attendees at the |
| 15 | | event and the relative proportion of individuals under the age |
| 16 | | of 21 to individuals age 21 or older; (v) the ability of the |
| 17 | | venue operator to prevent the sale or distribution of |
| 18 | | alcoholic liquors to individuals under the age of 21; (vi) |
| 19 | | whether the event prohibits participants from removing |
| 20 | | alcoholic beverages from the venue; and (vii) whether the |
| 21 | | event prohibits participants from providing their own |
| 22 | | alcoholic liquors to the venue. |
| 23 | | Alcoholic liquors may be served or sold in buildings under |
| 24 | | the control of the Board of Trustees of a public university for |
| 25 | | events that the Board of Trustees of that public university |
| 26 | | may determine are public events and not student-related |
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| 1 | | activities. If the Board of Trustees of a public university |
| 2 | | has not issued a written policy pursuant to an exemption under |
| 3 | | this Section on or before July 15, 2016 (the effective date of |
| 4 | | Public Act 99-550), then that Board of Trustees shall issue a |
| 5 | | written policy within 6 months after July 15, 2016 (the |
| 6 | | effective date of Public Act 99-550) concerning the types of |
| 7 | | events that would be eligible for an exemption. Thereafter, |
| 8 | | the Board of Trustees may issue revised, updated, new, or |
| 9 | | amended policies as it deems necessary and appropriate. In |
| 10 | | preparing its written policy, the Board of Trustees shall, in |
| 11 | | addition to other factors it considers relevant and important, |
| 12 | | give consideration to the following: (i) whether the event is |
| 13 | | a student activity or student-related activity; (ii) whether |
| 14 | | the physical setting of the event is conducive to control of |
| 15 | | liquor sales and distribution; (iii) the ability of the event |
| 16 | | operator to ensure that the sale or serving of alcoholic |
| 17 | | liquors and the demeanor of the participants are in accordance |
| 18 | | with State law and University policies; (iv) the anticipated |
| 19 | | attendees at the event and the relative proportion of |
| 20 | | individuals under the age of 21 to individuals age 21 or older; |
| 21 | | (v) the ability of the venue operator to prevent the sale or |
| 22 | | distribution of alcoholic liquors to individuals under the age |
| 23 | | of 21; (vi) whether the event prohibits participants from |
| 24 | | removing alcoholic beverages from the venue; and (vii) whether |
| 25 | | the event prohibits participants from providing their own |
| 26 | | alcoholic liquors to the venue. As used in this paragraph, |
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| 1 | | "public university" means the University of Illinois, Illinois |
| 2 | | State University, Chicago State University, Governors State |
| 3 | | University, Southern Illinois University, Northern Illinois |
| 4 | | University, Eastern Illinois University, Western Illinois |
| 5 | | University, and Northeastern Illinois University. |
| 6 | | Alcoholic liquors may be served or sold in buildings under |
| 7 | | the control of the Board of Trustees of a community college |
| 8 | | district for events that the Board of Trustees of that |
| 9 | | community college district may determine are public events and |
| 10 | | not student-related activities. The Board of Trustees shall |
| 11 | | issue a written policy within 6 months after July 15, 2016 (the |
| 12 | | effective date of Public Act 99-550) concerning the types of |
| 13 | | events that would be eligible for an exemption. Thereafter, |
| 14 | | the Board of Trustees may issue revised, updated, new, or |
| 15 | | amended policies as it deems necessary and appropriate. In |
| 16 | | preparing its written policy, the Board of Trustees shall, in |
| 17 | | addition to other factors it considers relevant and important, |
| 18 | | give consideration to the following: (i) whether the event is |
| 19 | | a student activity or student-related activity; (ii) whether |
| 20 | | the physical setting of the event is conducive to control of |
| 21 | | liquor sales and distribution; (iii) the ability of the event |
| 22 | | operator to ensure that the sale or serving of alcoholic |
| 23 | | liquors and the demeanor of the participants are in accordance |
| 24 | | with State law and community college district policies; (iv) |
| 25 | | the anticipated attendees at the event and the relative |
| 26 | | proportion of individuals under the age of 21 to individuals |
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| 1 | | age 21 or older; (v) the ability of the venue operator to |
| 2 | | prevent the sale or distribution of alcoholic liquors to |
| 3 | | individuals under the age of 21; (vi) whether the event |
| 4 | | prohibits participants from removing alcoholic beverages from |
| 5 | | the venue; and (vii) whether the event prohibits participants |
| 6 | | from providing their own alcoholic liquors to the venue. This |
| 7 | | paragraph does not apply to any community college district |
| 8 | | authorized to sell or serve alcoholic liquor under any other |
| 9 | | provision of this Section. |
| 10 | | Alcoholic liquor may be delivered to and sold at retail in |
| 11 | | the Dorchester Senior Business Center owned by the Village of |
| 12 | | Dolton if the alcoholic liquor is sold or dispensed only in |
| 13 | | connection with organized functions for which the planned |
| 14 | | attendance is 20 or more persons, and if the person or facility |
| 15 | | selling or dispensing the alcoholic liquor has provided dram |
| 16 | | shop liability insurance in maximum limits so as to hold |
| 17 | | harmless the Village of Dolton and the State from all |
| 18 | | financial loss, damage and harm. |
| 19 | | Alcoholic liquors may be delivered to and sold at retail |
| 20 | | in any building used as an Illinois State Armory provided: |
| 21 | | (i) the Adjutant General's written consent to the |
| 22 | | issuance of a license to sell alcoholic liquor in such |
| 23 | | building is filed with the Commission; |
| 24 | | (ii) the alcoholic liquor is sold or dispensed only in |
| 25 | | connection with organized functions held on special |
| 26 | | occasions; |
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| 1 | | (iii) the organized function is one for which the |
| 2 | | planned attendance is 25 or more persons; and |
| 3 | | (iv) the facility selling or dispensing the alcoholic |
| 4 | | liquors has provided dram shop liability insurance in |
| 5 | | maximum limits so as to save harmless the facility and the |
| 6 | | State from all financial loss, damage or harm. |
| 7 | | Alcoholic liquors may be delivered to and sold at retail |
| 8 | | in the Chicago Civic Center, provided that: |
| 9 | | (i) the written consent of the Public Building |
| 10 | | Commission which administers the Chicago Civic Center is |
| 11 | | filed with the Commission; |
| 12 | | (ii) the alcoholic liquor is sold or dispensed only in |
| 13 | | connection with organized functions held on special |
| 14 | | occasions; |
| 15 | | (iii) the organized function is one for which the |
| 16 | | planned attendance is 25 or more persons; |
| 17 | | (iv) the facility selling or dispensing the alcoholic |
| 18 | | liquors has provided dram shop liability insurance in |
| 19 | | maximum limits so as to hold harmless the Civic Center, |
| 20 | | the City of Chicago and the State from all financial loss, |
| 21 | | damage or harm; and |
| 22 | | (v) all applicable local ordinances are complied with. |
| 23 | | Alcoholic liquors may be delivered or sold in any building |
| 24 | | belonging to or under the control of any city, village or |
| 25 | | incorporated town where more than 75% of the physical |
| 26 | | properties of the building is used for commercial or |
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| 1 | | recreational purposes, and the building is located upon a pier |
| 2 | | extending into or over the waters of a navigable lake or stream |
| 3 | | or on the shore of a navigable lake or stream. In accordance |
| 4 | | with a license issued under this Act, alcoholic liquor may be |
| 5 | | sold, served, or delivered in buildings and facilities under |
| 6 | | the control of the Department of Natural Resources during |
| 7 | | events or activities lasting no more than 7 continuous days |
| 8 | | upon the written approval of the Director of Natural Resources |
| 9 | | acting as the controlling government authority. The Director |
| 10 | | of Natural Resources may specify conditions on that approval, |
| 11 | | including, but not limited to, requirements for insurance and |
| 12 | | hours of operation. Notwithstanding any other provision of |
| 13 | | this Act, alcoholic liquor sold by a United States Army Corps |
| 14 | | of Engineers or Department of Natural Resources concessionaire |
| 15 | | who was operating on June 1, 1991 for on-premises consumption |
| 16 | | only is not subject to the provisions of Articles IV and IX. |
| 17 | | Beer and wine may be sold on the premises of the Joliet Park |
| 18 | | District Stadium owned by the Joliet Park District when |
| 19 | | written consent to the issuance of a license to sell beer and |
| 20 | | wine in such premises is filed with the local liquor |
| 21 | | commissioner by the Joliet Park District. Beer and wine may be |
| 22 | | sold in buildings on the grounds of State veterans' homes when |
| 23 | | written consent to the issuance of a license to sell beer and |
| 24 | | wine in such buildings is filed with the Commission by the |
| 25 | | Department of Veterans Veterans' Affairs, and the facility |
| 26 | | shall provide dram shop liability in maximum insurance |
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| 1 | | coverage limits so as to save the facility harmless from all |
| 2 | | financial loss, damage or harm. Such liquors may be delivered |
| 3 | | to and sold at any property owned or held under lease by a |
| 4 | | Metropolitan Pier and Exposition Authority or Metropolitan |
| 5 | | Exposition and Auditorium Authority. |
| 6 | | Beer and wine may be sold and dispensed at professional |
| 7 | | sporting events and at professional concerts and other |
| 8 | | entertainment events conducted on premises owned by the Forest |
| 9 | | Preserve District of Kane County, subject to the control of |
| 10 | | the District Commissioners and applicable local law, provided |
| 11 | | that dram shop liability insurance is provided at maximum |
| 12 | | coverage limits so as to hold the District harmless from all |
| 13 | | financial loss, damage and harm. |
| 14 | | Nothing in this Section shall preclude the sale or |
| 15 | | delivery of beer and wine at a State or county fair or the sale |
| 16 | | or delivery of beer or wine at a city fair in any otherwise |
| 17 | | lawful manner. |
| 18 | | Alcoholic liquors may be sold at retail in buildings in |
| 19 | | State parks under the control of the Department of Natural |
| 20 | | Resources, provided: |
| 21 | | a. the State park has overnight lodging facilities |
| 22 | | with some restaurant facilities or, not having overnight |
| 23 | | lodging facilities, has restaurant facilities which serve |
| 24 | | complete luncheon and dinner or supper meals, |
| 25 | | b. (blank), and |
| 26 | | c. the alcoholic liquors are sold by the State park |
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| 1 | | lodge or restaurant concessionaire only during the hours |
| 2 | | from 11 o'clock a.m. until 12 o'clock midnight. |
| 3 | | Notwithstanding any other provision of this Act, alcoholic |
| 4 | | liquor sold by the State park or restaurant concessionaire |
| 5 | | is not subject to the provisions of Articles IV and IX. |
| 6 | | Alcoholic liquors may be sold at retail in buildings on |
| 7 | | properties under the control of the Division of Historic |
| 8 | | Preservation of the Department of Natural Resources or the |
| 9 | | Abraham Lincoln Presidential Library and Museum provided: |
| 10 | | a. the property has overnight lodging facilities with |
| 11 | | some restaurant facilities or, not having overnight |
| 12 | | lodging facilities, has restaurant facilities which serve |
| 13 | | complete luncheon and dinner or supper meals, |
| 14 | | b. consent to the issuance of a license to sell |
| 15 | | alcoholic liquors in the buildings has been filed with the |
| 16 | | commission by the Division of Historic Preservation of the |
| 17 | | Department of Natural Resources or the Abraham Lincoln |
| 18 | | Presidential Library and Museum, and |
| 19 | | c. the alcoholic liquors are sold by the lodge or |
| 20 | | restaurant concessionaire only during the hours from 11 |
| 21 | | o'clock a.m. until 12 o'clock midnight. |
| 22 | | The sale of alcoholic liquors pursuant to this Section |
| 23 | | does not authorize the establishment and operation of |
| 24 | | facilities commonly called taverns, saloons, bars, cocktail |
| 25 | | lounges, and the like except as a part of lodge and restaurant |
| 26 | | facilities in State parks or golf courses owned by Forest |
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| 1 | | Preserve Districts with a population of less than 3,000,000 or |
| 2 | | municipalities or park districts. |
| 3 | | Alcoholic liquors may be sold at retail in the Springfield |
| 4 | | Administration Building of the Department of Transportation |
| 5 | | and the Illinois State Armory in Springfield; provided, that |
| 6 | | the controlling government authority may consent to such sales |
| 7 | | only if |
| 8 | | a. the request is from a not-for-profit organization; |
| 9 | | b. such sales would not impede normal operations of |
| 10 | | the departments involved; |
| 11 | | c. the not-for-profit organization provides dram shop |
| 12 | | liability in maximum insurance coverage limits and agrees |
| 13 | | to defend, save harmless and indemnify the State of |
| 14 | | Illinois from all financial loss, damage or harm; |
| 15 | | d. no such sale shall be made during normal working |
| 16 | | hours of the State of Illinois; and |
| 17 | | e. the consent is in writing. |
| 18 | | Alcoholic liquors may be sold at retail in buildings in |
| 19 | | recreational areas of river conservancy districts under the |
| 20 | | control of, or leased from, the river conservancy districts. |
| 21 | | Such sales are subject to reasonable local regulations as |
| 22 | | provided in Article IV; however, no such regulations may |
| 23 | | prohibit or substantially impair the sale of alcoholic liquors |
| 24 | | on Sundays or Holidays. |
| 25 | | Alcoholic liquors may be provided in long term care |
| 26 | | facilities owned or operated by a county under Division 5-21 |
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| 1 | | or 5-22 of the Counties Code, when approved by the facility |
| 2 | | operator and not in conflict with the regulations of the |
| 3 | | Illinois Department of Public Health, to residents of the |
| 4 | | facility who have had their consumption of the alcoholic |
| 5 | | liquors provided approved in writing by a physician licensed |
| 6 | | to practice medicine in all its branches. |
| 7 | | Alcoholic liquors may be delivered to and dispensed in |
| 8 | | State housing assigned to employees of the Department of |
| 9 | | Corrections. No person shall furnish or allow to be furnished |
| 10 | | any alcoholic liquors to any prisoner confined in any jail, |
| 11 | | reformatory, prison or house of correction except upon a |
| 12 | | physician's prescription for medicinal purposes. |
| 13 | | Alcoholic liquors may be sold at retail or dispensed at |
| 14 | | the Willard Ice Building in Springfield, at the State Library |
| 15 | | in Springfield, and at Illinois State Museum facilities by (1) |
| 16 | | an agency of the State, whether legislative, judicial or |
| 17 | | executive, provided that such agency first obtains written |
| 18 | | permission to sell or dispense alcoholic liquors from the |
| 19 | | controlling government authority, or by (2) a not-for-profit |
| 20 | | organization, provided that such organization: |
| 21 | | a. Obtains written consent from the controlling |
| 22 | | government authority; |
| 23 | | b. Sells or dispenses the alcoholic liquors in a |
| 24 | | manner that does not impair normal operations of State |
| 25 | | offices located in the building; |
| 26 | | c. Sells or dispenses alcoholic liquors only in |
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| 1 | | connection with an official activity in the building; |
| 2 | | d. Provides, or its catering service provides, dram |
| 3 | | shop liability insurance in maximum coverage limits and in |
| 4 | | which the carrier agrees to defend, save harmless and |
| 5 | | indemnify the State of Illinois from all financial loss, |
| 6 | | damage or harm arising out of the selling or dispensing of |
| 7 | | alcoholic liquors. |
| 8 | | Nothing in this Act shall prevent a not-for-profit |
| 9 | | organization or agency of the State from employing the |
| 10 | | services of a catering establishment for the selling or |
| 11 | | dispensing of alcoholic liquors at authorized functions. |
| 12 | | The controlling government authority for the Willard Ice |
| 13 | | Building in Springfield shall be the Director of the |
| 14 | | Department of Revenue. The controlling government authority |
| 15 | | for Illinois State Museum facilities shall be the Director of |
| 16 | | the Illinois State Museum. The controlling government |
| 17 | | authority for the State Library in Springfield shall be the |
| 18 | | Secretary of State. |
| 19 | | Alcoholic liquors may be delivered to and sold at retail |
| 20 | | or dispensed at any facility, property or building under the |
| 21 | | jurisdiction of the Division of Historic Preservation of the |
| 22 | | Department of Natural Resources, the Abraham Lincoln |
| 23 | | Presidential Library and Museum, or the State Treasurer where |
| 24 | | the delivery, sale or dispensing is by (1) an agency of the |
| 25 | | State, whether legislative, judicial or executive, provided |
| 26 | | that such agency first obtains written permission to sell or |
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| 1 | | dispense alcoholic liquors from a controlling government |
| 2 | | authority, or by (2) an individual or organization provided |
| 3 | | that such individual or organization: |
| 4 | | a. Obtains written consent from the controlling |
| 5 | | government authority; |
| 6 | | b. Sells or dispenses the alcoholic liquors in a |
| 7 | | manner that does not impair normal workings of State |
| 8 | | offices or operations located at the facility, property or |
| 9 | | building; |
| 10 | | c. Sells or dispenses alcoholic liquors only in |
| 11 | | connection with an official activity of the individual or |
| 12 | | organization in the facility, property or building; |
| 13 | | d. Provides, or its catering service provides, dram |
| 14 | | shop liability insurance in maximum coverage limits and in |
| 15 | | which the carrier agrees to defend, save harmless and |
| 16 | | indemnify the State of Illinois from all financial loss, |
| 17 | | damage or harm arising out of the selling or dispensing of |
| 18 | | alcoholic liquors. |
| 19 | | The controlling government authority for the Division of |
| 20 | | Historic Preservation of the Department of Natural Resources |
| 21 | | shall be the Director of Natural Resources, the controlling |
| 22 | | government authority for the Abraham Lincoln Presidential |
| 23 | | Library and Museum shall be the Executive Director of the |
| 24 | | Abraham Lincoln Presidential Library and Museum, and the |
| 25 | | controlling government authority for the facilities, property, |
| 26 | | or buildings under the jurisdiction of the State Treasurer |
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| 1 | | shall be the State Treasurer or the State Treasurer's |
| 2 | | designee. |
| 3 | | Alcoholic liquors may be delivered to and sold at retail |
| 4 | | or dispensed for consumption at the Michael Bilandic Building |
| 5 | | at 160 North LaSalle Street, Chicago IL 60601, after the |
| 6 | | normal business hours of any day care or child care facility |
| 7 | | located in the building, by (1) a commercial tenant or |
| 8 | | subtenant conducting business on the premises under a lease |
| 9 | | made pursuant to Section 405-315 of the Department of Central |
| 10 | | Management Services Law (20 ILCS 405/405-315), provided that |
| 11 | | such tenant or subtenant who accepts delivery of, sells, or |
| 12 | | dispenses alcoholic liquors shall procure and maintain dram |
| 13 | | shop liability insurance in maximum coverage limits and in |
| 14 | | which the carrier agrees to defend, indemnify, and save |
| 15 | | harmless the State of Illinois from all financial loss, |
| 16 | | damage, or harm arising out of the delivery, sale, or |
| 17 | | dispensing of alcoholic liquors, or by (2) an agency of the |
| 18 | | State, whether legislative, judicial, or executive, provided |
| 19 | | that such agency first obtains written permission to accept |
| 20 | | delivery of and sell or dispense alcoholic liquors from the |
| 21 | | Director of Central Management Services, or by (3) a |
| 22 | | not-for-profit organization, provided that such organization: |
| 23 | | a. obtains written consent from the Department of |
| 24 | | Central Management Services; |
| 25 | | b. accepts delivery of and sells or dispenses the |
| 26 | | alcoholic liquors in a manner that does not impair normal |
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| 1 | | operations of State offices located in the building; |
| 2 | | c. accepts delivery of and sells or dispenses |
| 3 | | alcoholic liquors only in connection with an official |
| 4 | | activity in the building; and |
| 5 | | d. provides, or its catering service provides, dram |
| 6 | | shop liability insurance in maximum coverage limits and in |
| 7 | | which the carrier agrees to defend, save harmless, and |
| 8 | | indemnify the State of Illinois from all financial loss, |
| 9 | | damage, or harm arising out of the selling or dispensing |
| 10 | | of alcoholic liquors. |
| 11 | | Nothing in this Act shall prevent a not-for-profit |
| 12 | | organization or agency of the State from employing the |
| 13 | | services of a catering establishment for the selling or |
| 14 | | dispensing of alcoholic liquors at functions authorized by the |
| 15 | | Director of Central Management Services. |
| 16 | | Alcoholic liquors may be sold at retail or dispensed at |
| 17 | | the James R. Thompson Center in Chicago, subject to the |
| 18 | | provisions of Section 7.4 of the State Property Control Act, |
| 19 | | and 222 South College Street in Springfield, Illinois by (1) a |
| 20 | | commercial tenant or subtenant conducting business on the |
| 21 | | premises under a lease or sublease made pursuant to Section |
| 22 | | 405-315 of the Department of Central Management Services Law |
| 23 | | (20 ILCS 405/405-315), provided that such tenant or subtenant |
| 24 | | who sells or dispenses alcoholic liquors shall procure and |
| 25 | | maintain dram shop liability insurance in maximum coverage |
| 26 | | limits and in which the carrier agrees to defend, indemnify |
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| 1 | | and save harmless the State of Illinois from all financial |
| 2 | | loss, damage or harm arising out of the sale or dispensing of |
| 3 | | alcoholic liquors, or by (2) an agency of the State, whether |
| 4 | | legislative, judicial or executive, provided that such agency |
| 5 | | first obtains written permission to sell or dispense alcoholic |
| 6 | | liquors from the Director of Central Management Services, or |
| 7 | | by (3) a not-for-profit organization, provided that such |
| 8 | | organization: |
| 9 | | a. Obtains written consent from the Department of |
| 10 | | Central Management Services; |
| 11 | | b. Sells or dispenses the alcoholic liquors in a |
| 12 | | manner that does not impair normal operations of State |
| 13 | | offices located in the building; |
| 14 | | c. Sells or dispenses alcoholic liquors only in |
| 15 | | connection with an official activity in the building; |
| 16 | | d. Provides, or its catering service provides, dram |
| 17 | | shop liability insurance in maximum coverage limits and in |
| 18 | | which the carrier agrees to defend, save harmless and |
| 19 | | indemnify the State of Illinois from all financial loss, |
| 20 | | damage or harm arising out of the selling or dispensing of |
| 21 | | alcoholic liquors. |
| 22 | | Nothing in this Act shall prevent a not-for-profit |
| 23 | | organization or agency of the State from employing the |
| 24 | | services of a catering establishment for the selling or |
| 25 | | dispensing of alcoholic liquors at functions authorized by the |
| 26 | | Director of Central Management Services. |
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| 1 | | Alcoholic liquors may be sold or delivered at any facility |
| 2 | | owned by the Illinois Sports Facilities Authority provided |
| 3 | | that dram shop liability insurance has been made available in |
| 4 | | a form, with such coverage and in such amounts as the Authority |
| 5 | | reasonably determines is necessary. |
| 6 | | Alcoholic liquors may be sold at retail or dispensed at |
| 7 | | the Rockford State Office Building by (1) an agency of the |
| 8 | | State, whether legislative, judicial or executive, provided |
| 9 | | that such agency first obtains written permission to sell or |
| 10 | | dispense alcoholic liquors from the Department of Central |
| 11 | | Management Services, or by (2) a not-for-profit organization, |
| 12 | | provided that such organization: |
| 13 | | a. Obtains written consent from the Department of |
| 14 | | Central Management Services; |
| 15 | | b. Sells or dispenses the alcoholic liquors in a |
| 16 | | manner that does not impair normal operations of State |
| 17 | | offices located in the building; |
| 18 | | c. Sells or dispenses alcoholic liquors only in |
| 19 | | connection with an official activity in the building; |
| 20 | | d. Provides, or its catering service provides, dram |
| 21 | | shop liability insurance in maximum coverage limits and in |
| 22 | | which the carrier agrees to defend, save harmless and |
| 23 | | indemnify the State of Illinois from all financial loss, |
| 24 | | damage or harm arising out of the selling or dispensing of |
| 25 | | alcoholic liquors. |
| 26 | | Nothing in this Act shall prevent a not-for-profit |
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| 1 | | organization or agency of the State from employing the |
| 2 | | services of a catering establishment for the selling or |
| 3 | | dispensing of alcoholic liquors at functions authorized by the |
| 4 | | Department of Central Management Services. |
| 5 | | Alcoholic liquors may be sold or delivered in a building |
| 6 | | that is owned by McLean County, situated on land owned by the |
| 7 | | county in the City of Bloomington, and used by the McLean |
| 8 | | County Historical Society if the sale or delivery is approved |
| 9 | | by an ordinance adopted by the county board, and the |
| 10 | | municipality in which the building is located may not prohibit |
| 11 | | that sale or delivery, notwithstanding any other provision of |
| 12 | | this Section. The regulation of the sale and delivery of |
| 13 | | alcoholic liquor in a building that is owned by McLean County, |
| 14 | | situated on land owned by the county, and used by the McLean |
| 15 | | County Historical Society as provided in this paragraph is an |
| 16 | | exclusive power and function of the State and is a denial and |
| 17 | | limitation under Article VII, Section 6, subsection (h) of the |
| 18 | | Illinois Constitution of the power of a home rule municipality |
| 19 | | to regulate that sale and delivery. |
| 20 | | Alcoholic liquors may be sold or delivered in any building |
| 21 | | situated on land held in trust for any school district |
| 22 | | organized under Article 34 of the School Code, if the building |
| 23 | | is not used for school purposes and if the sale or delivery is |
| 24 | | approved by the board of education. |
| 25 | | Alcoholic liquors may be delivered to and sold at retail |
| 26 | | in any building owned by a public library district, provided |
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| 1 | | that the delivery and sale is approved by the board of trustees |
| 2 | | of that public library district and is limited to library |
| 3 | | fundraising events or programs of a cultural or educational |
| 4 | | nature. Before the board of trustees of a public library |
| 5 | | district may approve the delivery and sale of alcoholic |
| 6 | | liquors, the board of trustees of the public library district |
| 7 | | must have a written policy that has been approved by the board |
| 8 | | of trustees of the public library district governing when and |
| 9 | | under what circumstances alcoholic liquors may be delivered to |
| 10 | | and sold at retail on property owned by that public library |
| 11 | | district. The written policy must (i) provide that no |
| 12 | | alcoholic liquor may be sold, distributed, or consumed in any |
| 13 | | area of the library accessible to the general public during |
| 14 | | the event or program, (ii) prohibit the removal of alcoholic |
| 15 | | liquor from the venue during the event, and (iii) require that |
| 16 | | steps be taken to prevent the sale or distribution of |
| 17 | | alcoholic liquor to persons under the age of 21. Any public |
| 18 | | library district that has alcoholic liquor delivered to or |
| 19 | | sold at retail on property owned by the public library |
| 20 | | district shall provide dram shop liability insurance in |
| 21 | | maximum insurance coverage limits so as to save harmless the |
| 22 | | public library districts from all financial loss, damage, or |
| 23 | | harm. |
| 24 | | Alcoholic liquors may be sold or delivered in buildings |
| 25 | | owned by the Community Building Complex Committee of Boone |
| 26 | | County, Illinois if the person or facility selling or |
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| 1 | | dispensing the alcoholic liquor has provided dram shop |
| 2 | | liability insurance with coverage and in amounts that the |
| 3 | | Committee reasonably determines are necessary. |
| 4 | | Alcoholic liquors may be sold or delivered in the building |
| 5 | | located at 1200 Centerville Avenue in Belleville, Illinois and |
| 6 | | occupied by either the Belleville Area Special Education |
| 7 | | District or the Belleville Area Special Services Cooperative. |
| 8 | | Alcoholic liquors may be delivered to and sold at the |
| 9 | | Louis Joliet Renaissance Center, City Center Campus, located |
| 10 | | at 214 N. Ottawa Street, Joliet, and the Food |
| 11 | | Services/Culinary Arts Department facilities, Main Campus, |
| 12 | | located at 1215 Houbolt Road, Joliet, owned by or under the |
| 13 | | control of Joliet Junior College, Illinois Community College |
| 14 | | District No. 525. |
| 15 | | Alcoholic liquors may be delivered to and sold at Triton |
| 16 | | College, Illinois Community College District No. 504. |
| 17 | | Alcoholic liquors may be delivered to and sold at the |
| 18 | | College of DuPage, Illinois Community College District No. |
| 19 | | 502. |
| 20 | | Alcoholic liquors may be delivered to and sold on any |
| 21 | | property owned, operated, or controlled by Lewis and Clark |
| 22 | | Community College, Illinois Community College District No. |
| 23 | | 536. |
| 24 | | Alcoholic liquors may be delivered to and sold at the |
| 25 | | building located at 446 East Hickory Avenue in Apple River, |
| 26 | | Illinois, owned by the Apple River Fire Protection District, |
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| 1 | | and occupied by the Apple River Community Association if the |
| 2 | | alcoholic liquor is sold or dispensed only in connection with |
| 3 | | organized functions approved by the Apple River Community |
| 4 | | Association for which the planned attendance is 20 or more |
| 5 | | persons and if the person or facility selling or dispensing |
| 6 | | the alcoholic liquor has provided dram shop liability |
| 7 | | insurance in maximum limits so as to hold harmless the Apple |
| 8 | | River Fire Protection District, the Village of Apple River, |
| 9 | | and the Apple River Community Association from all financial |
| 10 | | loss, damage, and harm. |
| 11 | | Alcoholic liquors may be delivered to and sold at the |
| 12 | | Sikia Restaurant, Kennedy King College Campus, located at 740 |
| 13 | | West 63rd Street, Chicago, and at the Food Services in the |
| 14 | | Great Hall/Washburne Culinary Institute Department facility, |
| 15 | | Kennedy King College Campus, located at 740 West 63rd Street, |
| 16 | | Chicago, owned by or under the control of City Colleges of |
| 17 | | Chicago, Illinois Community College District No. 508. |
| 18 | | Alcoholic liquors may be delivered to and sold at the |
| 19 | | building located at 305 West Grove St. in Poplar Grove, |
| 20 | | Illinois that is owned and operated by North Boone Fire |
| 21 | | District #3 if the alcoholic liquor is sold or dispensed only |
| 22 | | in connection with organized functions approved by the North |
| 23 | | Boone Fire District #3 for which the planned attendance is 20 |
| 24 | | or more persons and if the person or facility selling or |
| 25 | | dispensing the alcoholic liquor has provided dram shop |
| 26 | | liability insurance in maximum limits so as to hold harmless |
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| 1 | | North Boone County Fire District #3 from all financial loss, |
| 2 | | damage, and harm. |
| 3 | | (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24; |
| 4 | | revised 9-25-24.) |
| 5 | | Section 300. The Illinois Public Aid Code is amended by |
| 6 | | changing Section 11-5.2 as follows: |
| 7 | | (305 ILCS 5/11-5.2) |
| 8 | | Sec. 11-5.2. Income, Residency, and Identity Verification |
| 9 | | System. |
| 10 | | (a) The Department shall ensure that its proposed |
| 11 | | integrated eligibility system shall include the computerized |
| 12 | | functions of income, residency, and identity eligibility |
| 13 | | verification to verify eligibility, eliminate duplication of |
| 14 | | medical assistance, and deter fraud. Until the integrated |
| 15 | | eligibility system is operational, the Department may enter |
| 16 | | into a contract with the vendor selected pursuant to Section |
| 17 | | 11-5.3 as necessary to obtain the electronic data matching |
| 18 | | described in this Section. This contract shall be exempt from |
| 19 | | the Illinois Procurement Code pursuant to subsection (h) of |
| 20 | | Section 1-10 of that Code. |
| 21 | | (b) Prior to awarding medical assistance at application |
| 22 | | under Article V of this Code, the Department shall, to the |
| 23 | | extent such databases are available to the Department, conduct |
| 24 | | data matches using the name, date of birth, address, and |
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| 1 | | Social Security Number of each applicant or recipient or |
| 2 | | responsible relative of an applicant or recipient against the |
| 3 | | following: |
| 4 | | (1) Income tax information. |
| 5 | | (2) Employer reports of income and unemployment |
| 6 | | insurance payment information maintained by the Department |
| 7 | | of Employment Security. |
| 8 | | (3) Earned and unearned income, citizenship and death, |
| 9 | | and other relevant information maintained by the Social |
| 10 | | Security Administration. |
| 11 | | (4) Immigration status information maintained by the |
| 12 | | United States Citizenship and Immigration Services. |
| 13 | | (5) Wage reporting and similar information maintained |
| 14 | | by states contiguous to this State. |
| 15 | | (6) Employment information maintained by the |
| 16 | | Department of Employment Security in its New Hire |
| 17 | | Directory database. |
| 18 | | (7) Employment information maintained by the United |
| 19 | | States Department of Health and Human Services in its |
| 20 | | National Directory of New Hires database. |
| 21 | | (8) Veterans' benefits information maintained by the |
| 22 | | United States Department of Health and Human Services, in |
| 23 | | coordination with the Department of Health and Human |
| 24 | | Services and the Department of Veterans Veterans' Affairs, |
| 25 | | in the federal Public Assistance Reporting Information |
| 26 | | System (PARIS) database. |
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| 1 | | (9) Residency information maintained by the Illinois |
| 2 | | Secretary of State. |
| 3 | | (10) A database which is substantially similar to or a |
| 4 | | successor of a database described in this Section that |
| 5 | | contains information relevant for verifying eligibility |
| 6 | | for medical assistance. |
| 7 | | (c) (Blank). |
| 8 | | (d) If a discrepancy results between information provided |
| 9 | | by an applicant, recipient, or responsible relative and |
| 10 | | information contained in one or more of the databases or |
| 11 | | information tools listed under subsection (b) of this Section |
| 12 | | or subsection (c) of Section 11-5.3 and that discrepancy calls |
| 13 | | into question the accuracy of information relevant to a |
| 14 | | condition of eligibility provided by the applicant, recipient, |
| 15 | | or responsible relative, the Department or its contractor |
| 16 | | shall review the applicant's or recipient's case using the |
| 17 | | following procedures: |
| 18 | | (1) If the information discovered under subsection (b) |
| 19 | | of this Section or subsection (c) of Section 11-5.3 does |
| 20 | | not result in the Department finding the applicant or |
| 21 | | recipient ineligible for assistance under Article V of |
| 22 | | this Code, the Department shall finalize the determination |
| 23 | | or redetermination of eligibility. |
| 24 | | (2) If the information discovered results in the |
| 25 | | Department finding the applicant or recipient ineligible |
| 26 | | for assistance, the Department shall provide notice as set |
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| 1 | | forth in Section 11-7 of this Article. |
| 2 | | (3) If the information discovered is insufficient to |
| 3 | | determine that the applicant or recipient is eligible or |
| 4 | | ineligible, the Department shall provide written notice to |
| 5 | | the applicant or recipient which shall describe in |
| 6 | | sufficient detail the circumstances of the discrepancy, |
| 7 | | the information or documentation required, the manner in |
| 8 | | which the applicant or recipient may respond, and the |
| 9 | | consequences of failing to take action. The applicant or |
| 10 | | recipient shall have 10 business days to respond. |
| 11 | | (4) If the applicant or recipient does not respond to |
| 12 | | the notice, the Department shall deny assistance for |
| 13 | | failure to cooperate, in which case the Department shall |
| 14 | | provide notice as set forth in Section 11-7. Eligibility |
| 15 | | for assistance shall not be established until the |
| 16 | | discrepancy has been resolved. |
| 17 | | (5) If an applicant or recipient responds to the |
| 18 | | notice, the Department shall determine the effect of the |
| 19 | | information or documentation provided on the applicant's |
| 20 | | or recipient's case and shall take appropriate action. |
| 21 | | Written notice of the Department's action shall be |
| 22 | | provided as set forth in Section 11-7 of this Article. |
| 23 | | (6) Suspected cases of fraud shall be referred to the |
| 24 | | Department's Inspector General. |
| 25 | | (e) The Department shall adopt any rules necessary to |
| 26 | | implement this Section. |
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| 1 | | (Source: P.A. 97-689, eff. 6-14-12; 98-756, eff. 7-16-14.) |
| 2 | | Section 305. The Illinois Affordable Housing Act is |
| 3 | | amended by changing Section 14 as follows: |
| 4 | | (310 ILCS 65/14) (from Ch. 67 1/2, par. 1264) |
| 5 | | Sec. 14. Homeless Veterans Demonstration Project. (a) The |
| 6 | | Program Administrator shall, on the recommendation of the |
| 7 | | Commission and in cooperation with the Department of Veterans |
| 8 | | Veterans' Affairs, implement a demonstration project for low |
| 9 | | and very low-income homeless veterans and their families. This |
| 10 | | demonstration project shall consist of a short-term shelter, |
| 11 | | and will also provide assistance in assessing the needs of |
| 12 | | veterans, ascertaining the programs for which veterans may be |
| 13 | | eligible and making application for such programs and services |
| 14 | | and referral to appropriate agencies. The project shall, to |
| 15 | | the extent possible, establish liaisons with labor |
| 16 | | organizations, community colleges, vocational rehabilitation |
| 17 | | programs and other providers of trade apprenticeships and |
| 18 | | other job training programs. |
| 19 | | (b) The Program Administrator shall submit to the Governor |
| 20 | | and the General Assembly a report by January 1, 1991 |
| 21 | | evaluating the effectiveness of the project provided in this |
| 22 | | Section. The report shall include, but not be limited to, the |
| 23 | | number of persons served under the project, information as to |
| 24 | | the cost of the services, and recommendations as to whether |
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| 1 | | additional homeless veterans projects should be established. |
| 2 | | (Source: P.A. 86-925.) |
| 3 | | Section 310. The Older Adult Services Act is amended by |
| 4 | | changing Section 35 as follows: |
| 5 | | (320 ILCS 42/35) |
| 6 | | Sec. 35. Older Adult Services Advisory Committee. |
| 7 | | (a) The Older Adult Services Advisory Committee is created |
| 8 | | to advise the directors of Aging, Healthcare and Family |
| 9 | | Services, and Public Health on all matters related to this Act |
| 10 | | and the delivery of services to older adults in general. |
| 11 | | (b) The Advisory Committee shall be comprised of the |
| 12 | | following: |
| 13 | | (1) The Director of Aging or his or her designee, who |
| 14 | | shall serve as chair and shall be an ex officio and |
| 15 | | nonvoting member. |
| 16 | | (2) The Director of Healthcare and Family Services and |
| 17 | | the Director of Public Health or their designees, who |
| 18 | | shall serve as vice-chairs and shall be ex officio and |
| 19 | | nonvoting members. |
| 20 | | (3) One representative each of the Governor's Office, |
| 21 | | the Department of Healthcare and Family Services, the |
| 22 | | Department of Public Health, the Department of Veterans |
| 23 | | Veterans' Affairs, the Department of Human Services, the |
| 24 | | Department of Insurance, the Department on Aging, the |
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| 1 | | Department on Aging's State Long Term Care Ombudsman, the |
| 2 | | Illinois Housing Finance Authority, and the Illinois |
| 3 | | Housing Development Authority, each of whom shall be |
| 4 | | selected by his or her respective director and shall be an |
| 5 | | ex officio and nonvoting member. |
| 6 | | (4) Thirty members appointed by the Director of Aging |
| 7 | | in collaboration with the directors of Public Health and |
| 8 | | Healthcare and Family Services, and selected from the |
| 9 | | recommendations of statewide associations and |
| 10 | | organizations, as follows: |
| 11 | | (A) One member representing the Area Agencies on |
| 12 | | Aging; |
| 13 | | (B) Four members representing nursing homes or |
| 14 | | licensed assisted living establishments; |
| 15 | | (C) One member representing home health agencies; |
| 16 | | (D) One member representing case management |
| 17 | | services; |
| 18 | | (E) One member representing statewide senior |
| 19 | | center associations; |
| 20 | | (F) One member representing Community Care Program |
| 21 | | homemaker services; |
| 22 | | (G) One member representing Community Care Program |
| 23 | | adult day services; |
| 24 | | (H) One member representing nutrition project |
| 25 | | directors; |
| 26 | | (I) One member representing hospice programs; |
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| 1 | | (J) One member representing individuals with |
| 2 | | Alzheimer's disease and related dementias; |
| 3 | | (K) Two members representing statewide trade or |
| 4 | | labor unions; |
| 5 | | (L) One advanced practice registered nurse with |
| 6 | | experience in gerontological nursing; |
| 7 | | (M) One physician specializing in gerontology; |
| 8 | | (N) One member representing regional long-term |
| 9 | | care ombudsmen; |
| 10 | | (O) One member representing municipal, township, |
| 11 | | or county officials; |
| 12 | | (P) (Blank); |
| 13 | | (Q) (Blank); |
| 14 | | (R) One member representing the parish nurse |
| 15 | | movement; |
| 16 | | (S) One member representing pharmacists; |
| 17 | | (T) Two members representing statewide |
| 18 | | organizations engaging in advocacy or legal |
| 19 | | representation on behalf of the senior population; |
| 20 | | (U) Two family caregivers; |
| 21 | | (V) Two citizen members over the age of 60; |
| 22 | | (W) One citizen with knowledge in the area of |
| 23 | | gerontology research or health care law; |
| 24 | | (X) One representative of health care facilities |
| 25 | | licensed under the Hospital Licensing Act; and |
| 26 | | (Y) One representative of primary care service |
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| 1 | | providers. |
| 2 | | The Director of Aging, in collaboration with the Directors |
| 3 | | of Public Health and Healthcare and Family Services, may |
| 4 | | appoint additional citizen members to the Older Adult Services |
| 5 | | Advisory Committee. Each such additional member must be either |
| 6 | | an individual age 60 or older or an uncompensated caregiver |
| 7 | | for a family member or friend who is age 60 or older. |
| 8 | | (c) Voting members of the Advisory Committee shall serve |
| 9 | | for a term of 3 years or until a replacement is named. All |
| 10 | | members shall be appointed no later than January 1, 2005. Of |
| 11 | | the initial appointees, as determined by lot, 10 members shall |
| 12 | | serve a term of one year; 10 shall serve for a term of 2 years; |
| 13 | | and 12 shall serve for a term of 3 years. Any member appointed |
| 14 | | to fill a vacancy occurring prior to the expiration of the term |
| 15 | | for which his or her predecessor was appointed shall be |
| 16 | | appointed for the remainder of that term. The Advisory |
| 17 | | Committee shall meet at least quarterly and may meet more |
| 18 | | frequently at the call of the Chair. A simple majority of those |
| 19 | | appointed shall constitute a quorum. The affirmative vote of a |
| 20 | | majority of those present and voting shall be necessary for |
| 21 | | Advisory Committee action. Members of the Advisory Committee |
| 22 | | shall receive no compensation for their services. |
| 23 | | (d) The Advisory Committee shall have an Executive |
| 24 | | Committee comprised of the Chair, the Vice Chairs, and up to 15 |
| 25 | | members of the Advisory Committee appointed by the Chair who |
| 26 | | have demonstrated expertise in developing, implementing, or |
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| 1 | | coordinating the system restructuring initiatives defined in |
| 2 | | Section 25. The Executive Committee shall have responsibility |
| 3 | | to oversee and structure the operations of the Advisory |
| 4 | | Committee and to create and appoint necessary subcommittees |
| 5 | | and subcommittee members. The Advisory Committee's Community |
| 6 | | Care Program Medicaid Enrollment Oversight Subcommittee shall |
| 7 | | have the membership and powers and duties set forth in Section |
| 8 | | 4.02 of the Illinois Act on the Aging. |
| 9 | | (e) The Advisory Committee shall study and make |
| 10 | | recommendations related to the implementation of this Act, |
| 11 | | including, but not limited to, system restructuring |
| 12 | | initiatives as defined in Section 25 or otherwise related to |
| 13 | | this Act. |
| 14 | | (Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18; |
| 15 | | 100-621, eff. 7-20-18; 101-81, eff. 7-12-19.) |
| 16 | | Section 315. The Illinois Caregiver Assistance and |
| 17 | | Resource Portal Act is amended by changing Sections 25-10, |
| 18 | | 25-20, and 25-25 as follows: |
| 19 | | (320 ILCS 70/25-10) |
| 20 | | Sec. 25-10. Establishment of the Illinois Caregiver |
| 21 | | Assistance and Resources Portal. |
| 22 | | (a) The Department on Aging, in consultation with the |
| 23 | | Department of Healthcare and Family Services, the Department |
| 24 | | of Public Health, and the Department of Veterans Veterans' |
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| 1 | | Affairs, shall be responsible for the creation and maintenance |
| 2 | | of the Illinois Caregiver Assistance and Resource Portal |
| 3 | | (hereinafter referred to as the "Portal"). |
| 4 | | (b) The Portal shall serve as a centralized and trusted |
| 5 | | online platform offering a wide range of resources related to |
| 6 | | caregiving, including, but not limited to: |
| 7 | | (1) Information on State and federal programs, |
| 8 | | benefits, and resources on caregiving, long-term care, and |
| 9 | | at-home care for Illinois residents who are 50 years of |
| 10 | | age or older. |
| 11 | | (2) Information from non-profit organizations |
| 12 | | providing free-of-charge caregiving support and resources. |
| 13 | | (3) Tools and guides for developing and implementing |
| 14 | | caregiving plans. |
| 15 | | (4) Direct contact information for relevant Illinois |
| 16 | | agencies, organizations, and other State-licensed |
| 17 | | long-term care, aging, senior support services, and |
| 18 | | at-home care providers. |
| 19 | | (5) Educational materials, articles, and videos on |
| 20 | | caregiving best practices. |
| 21 | | (6) Accommodations for users with different language |
| 22 | | preferences, ensuring the information is accessible to |
| 23 | | diverse audiences. |
| 24 | | (c) By incorporating these resources, the Portal aims to |
| 25 | | serve as a comprehensive and user-friendly hub for caregivers, |
| 26 | | providing them with the tools, information, and support they |
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| 1 | | need to navigate the complex landscape of caregiving, nursing |
| 2 | | home care, and at-home care and other essential resources that |
| 3 | | are readily accessible. Additional information and resources |
| 4 | | to be featured may include the following: |
| 5 | | (1) Caregiving resources: A comprehensive section |
| 6 | | dedicated to caregiving, including guides, articles, and |
| 7 | | videos on caregiving techniques, managing caregiver |
| 8 | | stress, and enhancing the quality of care provided. |
| 9 | | (2) Home and community-based services: Resources, |
| 10 | | descriptions, and opportunities on how the State supports |
| 11 | | family caregivers, to include, but not be limited to, the |
| 12 | | Senior HelpLine, Illinois Care Connections, the Community |
| 13 | | Care Program, Adult Protective Services, the Illinois |
| 14 | | Long-Term Care Ombudsman, Adult Day Services, the Home |
| 15 | | Delivered Meals program, and all other programming and |
| 16 | | services offered by the Department on Aging. |
| 17 | | (3) Nursing home care: State and federal information |
| 18 | | and online resources on nursing homes, including facility |
| 19 | | ratings, reviews, and resources for choosing the right |
| 20 | | nursing home based on specific needs and preferences. |
| 21 | | (4) Area Agency on Aging: A dedicated section |
| 22 | | highlighting the services and programs offered by Area |
| 23 | | Agencies on Aging, including, but not limited to, |
| 24 | | assistance with long-term care planning, nutrition, |
| 25 | | transportation, caregiver support and need assessment, and |
| 26 | | the address and contact information of statewide Area |
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| 1 | | Agencies on Aging and Aging and Disability Resource |
| 2 | | Centers. |
| 3 | | (5) At-home care: Resources and guides for at-home |
| 4 | | care, including information on hiring caregivers, managing |
| 5 | | in-home medical and non-medical care, and ensuring a safe |
| 6 | | and comfortable home environment. |
| 7 | | (6) Hospital-to-home transition: A specialized section |
| 8 | | focusing on the transition from hospital care to |
| 9 | | home-based care, offering tips, checklists, and resources |
| 10 | | to ensure a smooth transition and continued recovery at |
| 11 | | home. |
| 12 | | (7) Contact Information: Direct contact details for |
| 13 | | relevant agencies, organizations, and State-licensed |
| 14 | | professionals involved in caregiving, nursing home care, |
| 15 | | and at-home care, making it easy for users to connect with |
| 16 | | the right resources. |
| 17 | | (8) Medicaid coverage and resources: Information on |
| 18 | | Medicaid coverage for long-term care services, eligibility |
| 19 | | criteria, application procedures, and available |
| 20 | | Medicaid-funded programs and services to support |
| 21 | | caregivers and care recipients. |
| 22 | | (9) Financial assistance: Details on financial |
| 23 | | assistance programs and benefits available at the State |
| 24 | | and federal levels, including grants, subsidies, and tax |
| 25 | | incentives that can ease the financial burden of |
| 26 | | caregiving. |
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| 1 | | (10) Veterans' assistance: Details on veterans' |
| 2 | | assistance programs and benefits available at the State |
| 3 | | and federal levels. |
| 4 | | (11) Legal and planning Tools: Resources for legal |
| 5 | | matters related to caregiving, such as power of attorney, |
| 6 | | advance directives, and estate planning, and tools to help |
| 7 | | users create and manage caregiving plans. Services offered |
| 8 | | under this paragraph do not include the practice of law. |
| 9 | | (12) Support groups: A directory of local caregiver |
| 10 | | support groups and online communities where caregivers can |
| 11 | | connect, share experiences, and receive emotional support. |
| 12 | | (Source: P.A. 103-588, eff. 6-5-24.) |
| 13 | | (320 ILCS 70/25-20) |
| 14 | | Sec. 25-20. Outreach and promotion. |
| 15 | | (a) The Department on Aging, in consultation with the |
| 16 | | Department of Healthcare and Family Services, the Department |
| 17 | | of Public Health, the Department of Human Services, and the |
| 18 | | Department of Veterans Veterans' Affairs, shall undertake an |
| 19 | | outreach and promotional campaign to raise awareness about the |
| 20 | | Portal and its resources upon completion. |
| 21 | | (b) The campaign shall include a digital-first strategy to |
| 22 | | inform health care providers, social service agencies, and |
| 23 | | community organizations about the Portal's availability. |
| 24 | | (c) The campaign shall coordinate with the State-wide |
| 25 | | 2-1-1 Service system administered under the 2-1-1 Service Act |
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| 1 | | in order to insure persons calling 2-1-1 telephone lines are |
| 2 | | directed, when appropriate, to the Portal and reciprocally to |
| 3 | | 2-1-1. |
| 4 | | (Source: P.A. 103-588, eff. 6-5-24.) |
| 5 | | (320 ILCS 70/25-25) |
| 6 | | Sec. 25-25. Reporting and evaluation. The Department on |
| 7 | | Aging, in consultation with the Department of Healthcare and |
| 8 | | Family Services, the Department of Public Health, and the |
| 9 | | Department of Veterans Veterans' Affairs, shall provide an |
| 10 | | annual report to the General Assembly and the Governor |
| 11 | | outlining the usage statistics, user feedback, and any |
| 12 | | necessary improvements to the Portal. |
| 13 | | (Source: P.A. 103-588, eff. 6-5-24.) |
| 14 | | Section 320. The Viet Nam Veterans Compensation Act is |
| 15 | | amended by changing Sections 3, 5, and 6 as follows: |
| 16 | | (330 ILCS 30/3) (from Ch. 126 1/2, par. 57.53) |
| 17 | | Sec. 3. The widow or widower, child or children, mother, |
| 18 | | father, person standing in loco parentis, brothers and |
| 19 | | sisters, in the order named, of any deceased person shall be |
| 20 | | paid the compensation to which the deceased person would be |
| 21 | | entitled under Section 2 of this Act. Where such deceased |
| 22 | | person would have qualified for compensation under Section 2 |
| 23 | | except for his death and his death was connected with such |
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| 1 | | service and resulted from such service during the time period |
| 2 | | specified in Section 2, his survivors, in the order named in |
| 3 | | this Section, shall be paid $1000. |
| 4 | | Where a preceding beneficiary fails to file a claim for |
| 5 | | compensation after the official notice of death the Department |
| 6 | | of Veterans Veterans' Affairs may proceed to process |
| 7 | | applications from succeeding beneficiaries, and such |
| 8 | | beneficiaries may then proceed to qualify upon submission of |
| 9 | | satisfactory proof of eligibility. |
| 10 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 11 | | (330 ILCS 30/5) (from Ch. 126 1/2, par. 57.55) |
| 12 | | Sec. 5. The Department of Veterans Veterans' Affairs has |
| 13 | | complete charge and control of the general scheme of payments |
| 14 | | authorized by this Act and shall adopt general rules for the |
| 15 | | making of such payments, the ascertainment and selection of |
| 16 | | proper beneficiaries and the amount to which such |
| 17 | | beneficiaries are entitled, and for procedure. |
| 18 | | If the person to whom compensation is payable under this |
| 19 | | Act is under legal disability, it shall be paid to the person |
| 20 | | legally vested with the care of such legally disabled person |
| 21 | | under the laws of his State of residence. If no such person has |
| 22 | | been so designated for the legally disabled person, payment |
| 23 | | shall be made to the chief officer of any hospital or |
| 24 | | institution under the supervision or control of any State or |
| 25 | | of the Veterans Administration of the United States in which |
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| 1 | | such legally disabled person is placed, if such officer is |
| 2 | | authorized to accept moneys for the benefit of the |
| 3 | | incompetent. Any payments so made shall be held or used solely |
| 4 | | for the benefit of the legally disabled person. |
| 5 | | As used in this Section, a person under legal disability |
| 6 | | means any person found to be so disabled by a court of |
| 7 | | competent jurisdiction of any State or the District of |
| 8 | | Columbia or by any adjudication officer of the Veterans |
| 9 | | Administration of the United States. |
| 10 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 11 | | (330 ILCS 30/6) (from Ch. 126 1/2, par. 57.56) |
| 12 | | Sec. 6. Any application for compensation under this Act |
| 13 | | must be made to the Illinois Department of Veterans Veterans' |
| 14 | | Affairs. |
| 15 | | (Source: P.A. 80-244.) |
| 16 | | Section 325. The War on Terrorism Compensation Act is |
| 17 | | amended by changing Sections 5 and 25 as follows: |
| 18 | | (330 ILCS 32/5) |
| 19 | | Sec. 5. Definitions. In this Act: |
| 20 | | "Armed forces of the United States" means the United |
| 21 | | States Army, Navy, Air Force, Space Force, Marine Corps, or |
| 22 | | Coast Guard, the United States Reserve Forces, or the Illinois |
| 23 | | National Guard. Service in the merchant marine is not service |
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| 1 | | in the armed forces for purposes of this Act. |
| 2 | | "Department" means the Illinois Department of Veterans |
| 3 | | Veterans' Affairs. |
| 4 | | (Source: P.A. 103-746, eff. 1-1-25.) |
| 5 | | (330 ILCS 32/25) |
| 6 | | Sec. 25. Application to Department of Veterans Veterans' |
| 7 | | Affairs. An application for compensation under this Act must |
| 8 | | be made to the Department. |
| 9 | | (Source: P.A. 96-76, eff. 7-24-09.) |
| 10 | | Section 330. The Prisoner of War Bonus Act is amended by |
| 11 | | changing Sections 2, 4, and 5 as follows: |
| 12 | | (330 ILCS 35/2) (from Ch. 126 1/2, par. 57.62) |
| 13 | | Sec. 2. The widow or widower, child or children, mother, |
| 14 | | father, person standing in loco parentis, brothers and |
| 15 | | sisters, in the order named, of any deceased person shall be |
| 16 | | paid the compensation to which the deceased person would be |
| 17 | | entitled under Section 1 of this Act. |
| 18 | | Where a preceding beneficiary fails to file a claim for |
| 19 | | compensation after the official notice of death the Department |
| 20 | | of Veterans Veterans' Affairs may proceed to process |
| 21 | | applications from succeeding beneficiaries and such |
| 22 | | beneficiaries may then proceed to qualify upon submission of |
| 23 | | satisfactory proof of eligibility. |
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| 1 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 2 | | (330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64) |
| 3 | | Sec. 4. The Department of Veterans Veterans' Affairs has |
| 4 | | complete charge and control of the general scheme of payments |
| 5 | | authorized by this Act and shall adopt general rules for the |
| 6 | | making of such payments, the ascertainment and selection of |
| 7 | | proper beneficiaries and the amount to which such |
| 8 | | beneficiaries are entitled, and for procedure. |
| 9 | | If the person to whom compensation is payable under this |
| 10 | | Act is a person under a legal disability, it shall be paid to |
| 11 | | the person legally vested with the care of such person under a |
| 12 | | legal disability under the laws of this State of residence. If |
| 13 | | no such person has been so designated for the person under a |
| 14 | | legal disability, payment shall be made to the chief officer |
| 15 | | of any hospital or institution under the supervision or |
| 16 | | control of any State or of the Veterans Administration of the |
| 17 | | United States in which such person under a legal disability is |
| 18 | | placed, if such officer is authorized to accept moneys for the |
| 19 | | benefit of the person under a legal disability. Any payments |
| 20 | | so made shall be held or used solely for the benefit of the |
| 21 | | person under a legal disability. |
| 22 | | As used in this Section, a person under a legal disability |
| 23 | | means any person found to be so disabled by a court of |
| 24 | | competent jurisdiction of any State or the District of |
| 25 | | Columbia or by any adjudication officer of the Veterans |
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| 1 | | Administration of the United States. |
| 2 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| 3 | | (330 ILCS 35/5) (from Ch. 126 1/2, par. 57.65) |
| 4 | | Sec. 5. Any application for compensation under this Act |
| 5 | | must be made to the Department of Veterans Veterans' Affairs. |
| 6 | | (Source: P.A. 79-293.) |
| 7 | | Section 335. The War Bonus Extension Act is amended by |
| 8 | | changing Section 1 as follows: |
| 9 | | (330 ILCS 40/1) (from Ch. 126 1/2, par. 57.71) |
| 10 | | Sec. 1. As used in this Act: |
| 11 | | "World War II Bonus Act" means "An Act to provide payment |
| 12 | | of compensation to certain persons who served with the |
| 13 | | military or naval forces of the United States prior to or in |
| 14 | | the recent war with Germany, Italy, Japan and other nations, |
| 15 | | or to their survivors, and to authorize the issuance and sale |
| 16 | | of bonds of the State of Illinois to make said payments and to |
| 17 | | provide for the payment of the principal of and interest upon |
| 18 | | said bonds by a direct annual tax and by taxes levied and |
| 19 | | imposed by amending Sections 6, 10 and 10a of the 'Illinois |
| 20 | | Horse Racing Act', filed June 13, 1927, as amended, and by |
| 21 | | taxes levied and imposed by amending Sections 2, 3 and 29 of |
| 22 | | the 'Cigarette Tax Act', approved June 2, 1941, as amended", |
| 23 | | approved June 14, 1946, as that Act existed immediately prior |
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| 1 | | to the repeal of Sections 1-1 through 1-6 thereof. |
| 2 | | "Korean Veterans Compensation Act" means "AN ACT to |
| 3 | | provide payment of compensation to certain persons who served |
| 4 | | with the armed forces of the United States during the recent |
| 5 | | armed struggle which is commonly called the Korean Conflict, |
| 6 | | or to survivors; and to provide funds for the payment of such |
| 7 | | compensation by a tax levied and imposed by amending Sections |
| 8 | | 2 and 29 of the 'Cigarette Tax Act', approved June 2, 1941, as |
| 9 | | amended, and by a tax levied and imposed by amending Sections 2 |
| 10 | | and 35 of the 'Cigarette Use Tax Act', approved July 11, 1951, |
| 11 | | as amended, and to make appropriations in connection |
| 12 | | therewith", approved July 17, 1959, as that Act existed |
| 13 | | immediately prior to the repeal of Sections 1-1 through 1-7 |
| 14 | | thereof. |
| 15 | | "Department" means the Illinois Department of Veterans |
| 16 | | Veterans' Affairs. |
| 17 | | (Source: P.A. 80-243.) |
| 18 | | Section 340. The Military Veterans Assistance Act is |
| 19 | | amended by changing Section 1 as follows: |
| 20 | | (330 ILCS 45/1) (from Ch. 23, par. 3081) |
| 21 | | Sec. 1. Definitions. As used in this Act: |
| 22 | | "Veteran service organization" means a post, ship, camp, |
| 23 | | chapter, or detachment of a congressionally chartered or state |
| 24 | | chartered organization that (i) is formed by and for veterans, |
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| 1 | | (ii) has a paid membership of at least 15 individuals, and |
| 2 | | (iii) provides responsible aid, assistance, or services to the |
| 3 | | veteran community. |
| 4 | | "Administrator of military veterans assistance" means the |
| 5 | | commanders of the various veteran service organizations, the |
| 6 | | superintendent of a County Veterans Assistance Commission, or |
| 7 | | other persons whose duty it is, under the existing statutes, |
| 8 | | to care for, relieve or maintain, wholly or in part, any person |
| 9 | | who may be entitled to such assistance under the statutes of |
| 10 | | the State of Illinois. This Act shall not infringe upon the |
| 11 | | mandated powers and authorities vested in the Illinois |
| 12 | | Department of Veterans Veterans' Affairs. |
| 13 | | (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) |
| 14 | | Section 355. The Housing for Veterans with Disabilities |
| 15 | | Act is amended by changing Sections 2.1 and 3 as follows: |
| 16 | | (330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1) |
| 17 | | Sec. 2.1. (a) The Illinois Department of Veterans |
| 18 | | Veterans' Affairs shall provide assistance to a veteran who is |
| 19 | | eligible for and has been approved by the Administrator of |
| 20 | | Veterans Affairs for the grant authorized under Section 801(b) |
| 21 | | of Title 38 of the United States Code for remodeling a |
| 22 | | dwelling, which is not adapted to the requirements of the |
| 23 | | veteran's disability, and which was acquired by him prior to |
| 24 | | his application for federal assistance. |
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| 1 | | (b) The amount of State assistance provided to a veteran |
| 2 | | under subsection (a) of this Section shall be equal to the |
| 3 | | lesser of (1) the difference between the total cost of |
| 4 | | remodeling and the amount of assistance provided by the |
| 5 | | federal government under Title 38, Section 801(b) of the |
| 6 | | United States Code or (2) $3,000. However, if the amount of the |
| 7 | | federal assistance is at least equal to the total cost of |
| 8 | | remodeling the dwelling, then no State assistance shall be |
| 9 | | granted under this Section. |
| 10 | | (c) A veteran eligible for assistance under subsection (a) |
| 11 | | of this Section shall not by reason of such eligibility be |
| 12 | | denied benefits for which such veteran becomes eligible under |
| 13 | | Section 2 of this Act. |
| 14 | | (Source: P.A. 100-201, eff. 8-18-17.) |
| 15 | | (330 ILCS 65/3) (from Ch. 126 1/2, par. 60) |
| 16 | | Sec. 3. Application for assistance under this Act shall be |
| 17 | | made by the veteran to the Illinois Department of Veterans |
| 18 | | Veterans' Affairs and shall be accompanied by satisfactory |
| 19 | | evidence that the veteran has been approved by the |
| 20 | | Administrator of Veterans Affairs for assistance in acquiring |
| 21 | | a suitable dwelling unit or in remodeling a dwelling not |
| 22 | | adapted to the requirements of his disability. The application |
| 23 | | shall contain such information as will enable the Illinois |
| 24 | | Department of Veterans Veterans' Affairs to determine the |
| 25 | | amount of assistance to which the veteran is entitled. The |
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| 1 | | Illinois Department of Veterans Veterans' Affairs shall adopt |
| 2 | | general rules for determining the question of whether an |
| 3 | | applicant was a resident of this State at the time he entered |
| 4 | | the service, and shall prescribe by rule the nature of the |
| 5 | | proof to be submitted to establish the fact of residence. The |
| 6 | | Illinois Department of Veterans Veterans' Affairs shall adopt |
| 7 | | guidelines for determining types of remodeling and adaptations |
| 8 | | which are reasonably necessary because of a veteran's |
| 9 | | disability, for a veteran eligible for assistance under |
| 10 | | Section 2.1 of this Act. |
| 11 | | (Source: P.A. 100-201, eff. 8-18-17.) |
| 12 | | Section 360. The Records for Veterans Administration Act |
| 13 | | is amended by changing Section 2 as follows: |
| 14 | | (330 ILCS 70/2) (from Ch. 116, par. 30) |
| 15 | | Sec. 2. Whenever a copy of any public record is required by |
| 16 | | any accredited Veterans Organization, the Department of |
| 17 | | Veterans Veterans' Affairs, the Veterans Administration, the |
| 18 | | Veteran or his dependent in connection with a claim for |
| 19 | | benefits, the official charged with the custody of such public |
| 20 | | record shall without charge provide accredited Veterans |
| 21 | | Organization, the Department of Veterans Veterans' Affairs, |
| 22 | | the Veterans Administration, the Veteran or his dependent, |
| 23 | | with a certified copy of the requested record. |
| 24 | | The request for the copy of the record must be in writing |
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| 1 | | with a statement, signed by an authorized official of the |
| 2 | | accredited veterans organization, the Department of Veterans |
| 3 | | Veterans' Affairs, the Veterans Administration, the Veteran or |
| 4 | | his dependent, to the effect that the requested document is to |
| 5 | | be used in obtaining benefits and, if the copy of the record is |
| 6 | | to be mailed, must be accompanied by sufficient postage to pay |
| 7 | | the cost of mailing. When the request is made as provided in |
| 8 | | this section and, if mailing is necessary, is accompanied by |
| 9 | | sufficient postage, the furnishing of the certified copy of |
| 10 | | the record is mandatory upon the official charged with its |
| 11 | | custody, and shall not be subject to the approval or sanction |
| 12 | | of any other person, agency, or body politic or corporate |
| 13 | | whether federal, state or municipal. |
| 14 | | (Source: P.A. 85-169.) |
| 15 | | Section 365. The Survivors Compensation Act is amended by |
| 16 | | changing Sections 2, 3, and 4 as follows: |
| 17 | | (330 ILCS 100/2) (from Ch. 126 1/2, par. 57.82) |
| 18 | | Sec. 2. Persons entitled to compensation. The widow or |
| 19 | | widower, child or children, mother, father, persons standing |
| 20 | | in loco parentis, brothers and sisters, in the order named, of |
| 21 | | any deceased person if (a) that person was a resident of |
| 22 | | Illinois for at least 12 months immediately preceding entry |
| 23 | | into military service and (b) that person's death was service |
| 24 | | connected as a result of hostile action with unfriendly forces |
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| 1 | | during a period which has not been recognized by award of a |
| 2 | | U.S. campaign or service medal, shall be paid $1,000. Where a |
| 3 | | preceding beneficiary fails to file a claim of compensation |
| 4 | | after the official notice of death, the Department of Veterans |
| 5 | | Veterans' Affairs may accept applications from succeeding |
| 6 | | beneficiaries and such beneficiaries may then proceed to |
| 7 | | qualify upon submission of satisfactory proof of eligibility. |
| 8 | | (Source: P.A. 91-357, eff. 7-29-99.) |
| 9 | | (330 ILCS 100/3) (from Ch. 126 1/2, par. 57.83) |
| 10 | | Sec. 3. Applications. Any application for compensation |
| 11 | | under this Act shall be made to the Illinois Department of |
| 12 | | Veterans Veterans' Affairs on the form provided. |
| 13 | | (Source: P.A. 85-170.) |
| 14 | | (330 ILCS 100/4) |
| 15 | | Sec. 4. Compensation in connection with deceased veterans |
| 16 | | of the Global War on Terrorism. |
| 17 | | (a) The widow or widower, child or children, mother, |
| 18 | | father, persons standing in loco parentis, brothers and |
| 19 | | sisters, in the order named, of any deceased person if (i) that |
| 20 | | person was a resident of Illinois for at least 12 months |
| 21 | | immediately preceding entry into military service and (ii) |
| 22 | | that person's death was service-connected as a result of |
| 23 | | hostile action on or after September 11, 2001 and prior to such |
| 24 | | time as Congress declares such persons ineligible for the |
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| 1 | | Global War on Terrorism Expeditionary Medal or the Global War |
| 2 | | on Terrorism Service Medal shall be paid $3,000. |
| 3 | | (b) If a preceding beneficiary fails to file a claim of |
| 4 | | compensation after the official notice of death, the |
| 5 | | Department of Veterans Veterans' Affairs may accept |
| 6 | | applications from succeeding beneficiaries, and such |
| 7 | | beneficiaries may then proceed to qualify upon submission of |
| 8 | | satisfactory proof of eligibility. |
| 9 | | (c) No right or claim to compensation under this Section |
| 10 | | may be assigned. |
| 11 | | (d) The Illinois Department of Veterans Veterans' Affairs |
| 12 | | has complete charge and control of the general scheme of |
| 13 | | payments authorized by this Section and shall adopt general |
| 14 | | rules for the making of those payments, for the ascertainment |
| 15 | | and selection of proper beneficiaries and the amount to which |
| 16 | | those beneficiaries are entitled, and for procedure. |
| 17 | | (e) If the person to whom compensation is payable under |
| 18 | | this Section is under legal disability, the compensation shall |
| 19 | | be paid to the person legally vested with the care of the |
| 20 | | legally disabled person under the laws of his or her state of |
| 21 | | residence. If no such person has been so designated for the |
| 22 | | legally disabled person, payment shall be made to the chief |
| 23 | | officer of any hospital or institution under the supervision |
| 24 | | or control of any state or of the Veterans Administration of |
| 25 | | the United States in which the legally disabled person is |
| 26 | | placed, if the officer is authorized to accept moneys for the |
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| 1 | | benefit of the incompetent. Any payments so made shall be held |
| 2 | | or used solely for the benefit of the legally disabled person. |
| 3 | | As used in this Section, a person "under legal disability" |
| 4 | | means any person found to be so disabled by a court of |
| 5 | | competent jurisdiction of any state or the District of |
| 6 | | Columbia or by any adjudication officer of the Veterans |
| 7 | | Administration of the United States. |
| 8 | | (Source: P.A. 93-976, eff. 8-20-04.) |
| 9 | | Section 370. The Deceased, Disabled, and MIA/POW Veterans' |
| 10 | | Dependents Educational Opportunity Grant Act is amended by |
| 11 | | changing Sections 1 and 2 as follows: |
| 12 | | (330 ILCS 105/1) (from Ch. 126 1/2, par. 26) |
| 13 | | Sec. 1. The Illinois Department of Veterans Veterans' |
| 14 | | Affairs shall provide, insofar as moneys are appropriated for |
| 15 | | those purposes, for matriculation and tuition fees, board, |
| 16 | | room rent, books and supplies for the use and benefit of any |
| 17 | | natural child, adopted child, minor child who is under a |
| 18 | | court-ordered guardianship for at least 2 continuous years |
| 19 | | prior to application, or step-child of an eligible veteran or |
| 20 | | serviceperson, if the child is not under 10 and not over 18 |
| 21 | | years of age, except extension of time may be granted for a |
| 22 | | child to complete high school but in no event beyond the 19th |
| 23 | | birthday, who has for 12 months immediately preceding his or |
| 24 | | her application for these benefits had his or her domicile in |
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| 1 | | the State of Illinois. The child must provide proof of |
| 2 | | compliance with Illinois compulsory attendance requirements as |
| 3 | | provided in Section 26-1 of the School Code. |
| 4 | | "Eligible veteran or serviceperson" means any veteran or |
| 5 | | serviceperson, including an Illinois National Guard member, |
| 6 | | who is on active duty or is active on a training assignment, |
| 7 | | who has been declared by the U.S. Department of Defense or the |
| 8 | | U.S. Department of Veterans Affairs to be a prisoner of war or |
| 9 | | missing in action, or has died as the result of a |
| 10 | | service-connected disability, or has become a person with a |
| 11 | | permanent disability from service-connected causes with 100% |
| 12 | | disability and who (i) at the time of entering service was an |
| 13 | | Illinois resident, or (ii) was an Illinois resident within 6 |
| 14 | | months after entering such service, or (iii) is a resident of |
| 15 | | Illinois at the time of application for the grant and, at some |
| 16 | | point after entering such service, was a resident of Illinois |
| 17 | | for at least 15 consecutive years. No more than $250.00 may be |
| 18 | | paid under this Act for any one child for any one school year. |
| 19 | | (Source: P.A. 102-855, eff. 5-13-22.) |
| 20 | | (330 ILCS 105/2) (from Ch. 126 1/2, par. 27) |
| 21 | | Sec. 2. The amounts that become due to any child under this |
| 22 | | Act, not in excess of the amount specified in Section 1 of this |
| 23 | | Act, shall be payable to such child or, if such child is a |
| 24 | | minor, to the eligible veteran or serviceperson or guardian on |
| 25 | | vouchers approved by the Illinois Department of Veterans |
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| 1 | | Veterans' Affairs. The Illinois Department of Veterans |
| 2 | | Veterans' Affairs shall adopt rules on how to render payments |
| 3 | | to eligible minor children of deceased veterans or |
| 4 | | servicepersons. The Department shall determine the eligibility |
| 5 | | of the children who make application for the benefits provided |
| 6 | | for in this Act; and satisfy itself of the attendance of such |
| 7 | | children at any such institution or school. |
| 8 | | (Source: P.A. 102-855, eff. 5-13-22.) |
| 9 | | Section 375. The Veterans Burial Places Act is amended by |
| 10 | | changing Sections 1, 2, 3, and 3.1 as follows: |
| 11 | | (330 ILCS 110/1) (from Ch. 21, par. 59a) |
| 12 | | Sec. 1. For the purpose of locating the burial places of |
| 13 | | United States War Veterans and reporting to the United States |
| 14 | | Government under the provisions of the Federal Law respecting |
| 15 | | the erection of headstones at the graves of United States War |
| 16 | | Veterans and the erection of memorial markers where the |
| 17 | | remains of such veterans were not recovered or were buried at |
| 18 | | sea, the Department of Veterans Veterans' Affairs shall |
| 19 | | maintain a card file Roll of Honor, alphabetically arranged, |
| 20 | | of all veterans buried in the State or, if no remains were |
| 21 | | recovered or if such remains were buried at sea, of all the |
| 22 | | memorial markers for such veterans placed in the State and an |
| 23 | | additional record by counties showing the burials or memorial |
| 24 | | markers in each cemetery in each county. The records, so far as |
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| 1 | | obtainable, shall contain the name of the veteran, war served |
| 2 | | in, his rank, organizations, dates of enlistment and |
| 3 | | discharge, date of death, description of grave or memorial |
| 4 | | marker, and name and location of cemetery. It shall also be his |
| 5 | | duty to prepare requisitions on the Federal Government for |
| 6 | | headstones or memorial markers when same are desired and to |
| 7 | | supervise their transportation from the railroad station to |
| 8 | | and erection at the grave of the veteran or at the site for the |
| 9 | | erection of a memorial marker if no remains were recovered or |
| 10 | | if such remains were buried at sea, certifying bills for same |
| 11 | | for payment. |
| 12 | | The Department of Veterans Veterans' Affairs shall appoint |
| 13 | | such additional employees as may be required to maintain the |
| 14 | | records of War Veterans Graves and Memorial Markers |
| 15 | | Registration. The appointment of such employees shall not be |
| 16 | | subject to the provisions of any law relating to civil service |
| 17 | | or job classification on a merit basis. |
| 18 | | "United States War Veterans", for purposes of this Act, |
| 19 | | means: |
| 20 | | (1) Soldiers of the Union and Confederate Armies of the |
| 21 | | Civil War. |
| 22 | | (2) Members of the Armed Forces of the United States dying |
| 23 | | in the service and former members whose last service |
| 24 | | terminated honorably. |
| 25 | | (3) Persons buried in post and national cemeteries. |
| 26 | | (4) Members of a reserve component of the Armed Forces of |
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| 1 | | the United States, and members of the Army National Guard or |
| 2 | | the Air National Guard, whose death occurred under honorable |
| 3 | | conditions while they were: |
| 4 | | (a) on active duty for training, or performing |
| 5 | | full-time service under Section 316, 503, 504, or 505 of |
| 6 | | Title 32, United States Code; |
| 7 | | (b) performing authorized travel to or from that duty |
| 8 | | or service; |
| 9 | | (c) on authorized inactive duty training, including |
| 10 | | training performed as members of the Army National Guard |
| 11 | | or the Air National Guard; or |
| 12 | | (d) hospitalized or undergoing treatment, at the |
| 13 | | expense of the United States, for injury or disease |
| 14 | | contracted or incurred under honorable conditions while |
| 15 | | they were: |
| 16 | | (i) on that duty or service; |
| 17 | | (ii) performing that travel or inactive duty |
| 18 | | training; or |
| 19 | | (iii) undergoing that hospitalization or treatment |
| 20 | | at the expenses of the United States. |
| 21 | | (5) Members of the Reserve Officers Training Corps of the |
| 22 | | Army, Navy, Space Force, or Air Force whose death occurred |
| 23 | | under honorable conditions while they were: |
| 24 | | (a) attending an authorized training camp or on an |
| 25 | | authorized practice cruise; |
| 26 | | (b) performing authorized travel to or from that camp |
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| 1 | | or cruise; or |
| 2 | | (c) hospitalized or undergoing treatment, at the |
| 3 | | expense of the United States, for injury or disease |
| 4 | | contracted or incurred under honorable conditions while |
| 5 | | they were: |
| 6 | | (i) attending that camp or on that cruise; |
| 7 | | (ii) performing that travel; or |
| 8 | | (iii) undergoing that hospitalization or treatment |
| 9 | | at the expense of the United States. |
| 10 | | (Source: P.A. 103-746, eff. 1-1-25.) |
| 11 | | (330 ILCS 110/2) (from Ch. 21, par. 59b) |
| 12 | | Sec. 2. Every person, firm or corporation owning or |
| 13 | | controlling any cemetery or burial place in this State shall |
| 14 | | by itself, his or its superintendent or agent, keep a |
| 15 | | permanent record of the burial of each United States War |
| 16 | | Veteran or the erection of a memorial marker for any veteran |
| 17 | | whose remains were not recovered or where buried at sea, such |
| 18 | | record to contain the name of the veteran, date of death, and |
| 19 | | the location of grave or memorial marker in cemetery, and when |
| 20 | | requested so to do, shall report such information to the |
| 21 | | Department of Veterans Veterans' Affairs on forms furnished by |
| 22 | | the Department. Any person, firm or corporation owning or |
| 23 | | controlling a cemetery or burial place, who fails to make and |
| 24 | | file such report within 30 days after receipt of such request |
| 25 | | is guilty of a petty offense and upon conviction thereof shall |
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| 1 | | be fined not less than $10 nor more than $100. It is the duty |
| 2 | | of the State's attorney in the county where the cemetery or |
| 3 | | burial place is located to enforce the provisions of this Act. |
| 4 | | (Source: P.A. 81-167.) |
| 5 | | (330 ILCS 110/3) (from Ch. 21, par. 59c) |
| 6 | | Sec. 3. For the purpose of locating the burial places of |
| 7 | | United States War Veterans, the different Veteran |
| 8 | | organizations, their auxiliaries and affiliated organizations |
| 9 | | in the State of Illinois are authorized, without expense to |
| 10 | | the State, to collect the required data and prepare and file |
| 11 | | with the Department of Veterans Veterans' Affairs the |
| 12 | | information provided for in Section 1 hereof. For filing and |
| 13 | | recording this report, the Department of Veterans Veterans' |
| 14 | | Affairs may charge a fee of 25 cents for a single report and |
| 15 | | not to exceed 50 cents per folio for reports containing more |
| 16 | | than one name and more than one folio. A representative of the |
| 17 | | Department of Veterans Veterans' Affairs may visit cemeteries |
| 18 | | of the State or resort to any other reliable means to locate |
| 19 | | the burial places of United States War Veterans. |
| 20 | | (Source: P.A. 100-143, eff. 1-1-18.) |
| 21 | | (330 ILCS 110/3.1) (from Ch. 21, par. 59c1) |
| 22 | | Sec. 3.1. The Department of Veterans Veterans' Affairs |
| 23 | | shall promulgate rules and procedures reasonably necessary for |
| 24 | | the administration of this Act. |
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| 1 | | (Source: P.A. 86-506.) |
| 2 | | Section 385. The Veterans' Health Insurance Program Act of |
| 3 | | 2008 is amended by changing Sections 10 and 25 as follows: |
| 4 | | (330 ILCS 126/10) |
| 5 | | Sec. 10. Operation of the Program. |
| 6 | | (a) The Veterans' Health Insurance Program is created. |
| 7 | | This Program is not an entitlement. Enrollment is based on the |
| 8 | | availability of funds, and enrollment may be capped based on |
| 9 | | funds appropriated for the Program. As soon as practical after |
| 10 | | the effective date of this Act, coverage for this Program |
| 11 | | shall begin. The Program shall be administered by the |
| 12 | | Department of Healthcare and Family Services in collaboration |
| 13 | | with the Department of Veterans Veterans' Affairs. The |
| 14 | | Department shall have the same powers and authority to |
| 15 | | administer the Program as are provided to the Department in |
| 16 | | connection with the Department's administration of the |
| 17 | | Illinois Public Aid Code. The Department shall coordinate the |
| 18 | | Program with other health programs operated by the Department |
| 19 | | and other State and federal agencies. |
| 20 | | (b) The Department shall operate the Program in a manner |
| 21 | | so that the estimated cost of the Program during the fiscal |
| 22 | | year will not exceed the total appropriation for the Program. |
| 23 | | The Department may take any appropriate action to limit |
| 24 | | spending or enrollment into the Program, including, but not |
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| 1 | | limited to, ceasing to accept or process applications, |
| 2 | | reviewing eligibility more frequently than annually, adjusting |
| 3 | | cost-sharing, or reducing the income threshold for eligibility |
| 4 | | as necessary to control expenditures for the Program. |
| 5 | | (c) Notwithstanding subsections (a) and (b) and with the |
| 6 | | mutual agreement of the Department of Veterans Veterans' |
| 7 | | Affairs and the Department of Healthcare and Family Services, |
| 8 | | the operation of the Program may be changed to simplify its |
| 9 | | administration and to take advantage of health insurance |
| 10 | | coverage that may be available to veterans under the Patient |
| 11 | | Protection and Affordable Care Act. |
| 12 | | (Source: P.A. 98-104, eff. 7-22-13.) |
| 13 | | (330 ILCS 126/25) |
| 14 | | Sec. 25. Illinois Department of Veterans Veterans' |
| 15 | | Affairs. The Department shall coordinate with the Illinois |
| 16 | | Department of Veterans Veterans' Affairs and the Veterans |
| 17 | | Assistance Commissions to allow State Veterans Veterans' |
| 18 | | Affairs service officers and the Veterans Assistance |
| 19 | | Commissions to assist veterans to apply for the Program. All |
| 20 | | applicants must be reviewed for Veterans Health Administration |
| 21 | | eligibility or other existing health benefits prior to |
| 22 | | consideration for the Program. |
| 23 | | (Source: P.A. 95-755, eff. 7-25-08.) |
| 24 | | Section 390. The National Guard Veterans Exposure to |
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| 1 | | Hazardous Materials Act is amended by changing Section 10 as |
| 2 | | follows: |
| 3 | | (330 ILCS 130/10) |
| 4 | | Sec. 10. Assistance in obtaining information on treatment. |
| 5 | | On and after October 1, 2007, the Department of Veterans |
| 6 | | Veterans' Affairs shall assist any eligible member or veteran |
| 7 | | who (i) has been assigned a risk level I, II, or III for |
| 8 | | depleted uranium exposure by his or her branch of service, |
| 9 | | (ii) is referred by a military physician, or (iii) has reason |
| 10 | | to believe that he or she was exposed to depleted uranium |
| 11 | | during such service, in obtaining information on available |
| 12 | | federal treatment services, including a best practice health |
| 13 | | screening test for exposure to depleted uranium using a |
| 14 | | bioassay procedure involving sensitive methods capable of |
| 15 | | detecting depleted uranium at low levels and the use of |
| 16 | | equipment with the capacity to discriminate between different |
| 17 | | radioisotopes in naturally occurring levels of uranium and the |
| 18 | | characteristic ratio and marker for depleted uranium. No State |
| 19 | | funds shall be used to pay for such tests or other federal |
| 20 | | treatment services. |
| 21 | | (Source: P.A. 95-597, eff. 9-11-07.) |
| 22 | | Section 395. The Veterans' and Military Discount Program |
| 23 | | Act is amended by changing Sections 10 and 20 as follows: |
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| 1 | | (330 ILCS 140/10) |
| 2 | | Sec. 10. Veterans' and Military Discount Program. The |
| 3 | | Department of Veterans Veterans' Affairs shall establish and |
| 4 | | administer a Veterans' and Military Discount Program that |
| 5 | | enables veterans, active duty military personnel, and those |
| 6 | | spouses and dependents of veterans and military personnel who |
| 7 | | have been issued a valid Military ID card or Military |
| 8 | | Dependent ID card to use the following photo identification at |
| 9 | | participating merchants to receive a discount on goods and |
| 10 | | services or to receive another appropriate money-saving |
| 11 | | promotion of a merchant's choice: |
| 12 | | (1) veterans who have a valid driver's license or |
| 13 | | Illinois Identification Card issued pursuant to subsection |
| 14 | | (e) of Section 6-106 of the Illinois Vehicle Code or |
| 15 | | subsection (c-5) of Section 4 of the Illinois |
| 16 | | Identification Card Act; |
| 17 | | (2) active duty military personnel who have a valid |
| 18 | | Common Access Card issued by the U.S. Department of |
| 19 | | Defense indicating the cardholder's active duty status; |
| 20 | | and |
| 21 | | (3) those spouses and dependents of veterans and |
| 22 | | military personnel who have been issued a valid Military |
| 23 | | ID card or Military Dependent ID card. |
| 24 | | (Source: P.A. 101-335, eff. 8-9-19.) |
| 25 | | (330 ILCS 140/20) |
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| 1 | | Sec. 20. Rules. The Department of Veterans Veterans' |
| 2 | | Affairs shall adopt any rules necessary to implement this Act. |
| 3 | | (Source: P.A. 99-374, eff. 8-17-15.) |
| 4 | | Section 400. The Smoke Free Illinois Act is amended by |
| 5 | | changing Section 35 as follows: |
| 6 | | (410 ILCS 82/35) |
| 7 | | Sec. 35. Exemptions. Notwithstanding any other provision |
| 8 | | of this Act, smoking is allowed in the following areas: |
| 9 | | (1) Private residences or dwelling places, except when |
| 10 | | used as a child care, adult day care, or healthcare |
| 11 | | facility or any other home-based business open to the |
| 12 | | public. |
| 13 | | (2) Retail tobacco stores as defined in Section 10 of |
| 14 | | this Act in operation prior to January 1, 2008 (the |
| 15 | | effective date of Public Act 95-17). The retail tobacco |
| 16 | | store shall annually file with the Department by January |
| 17 | | 31st an affidavit stating the percentage of its gross |
| 18 | | income during the prior calendar year that was derived |
| 19 | | from the sale of loose tobacco, plants, or herbs and |
| 20 | | cigars, cigarettes, pipes, or other smoking devices for |
| 21 | | smoking tobacco and related smoking accessories. Any |
| 22 | | retail tobacco store that begins operation after January |
| 23 | | 1, 2008 (the effective date of Public Act 95-17) may only |
| 24 | | qualify for an exemption if located in a freestanding |
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| 1 | | structure occupied solely by the business and smoke from |
| 2 | | the business does not migrate into an enclosed area where |
| 3 | | smoking is prohibited. A retail tobacco store that derives |
| 4 | | at least 80% of its gross revenue from the sale of |
| 5 | | electronic cigarettes and electronic cigarette equipment |
| 6 | | and accessories in operation before January 1, 2024 (the |
| 7 | | effective date of Public Act 103-272) qualifies for this |
| 8 | | exemption for electronic cigarettes only. A retail tobacco |
| 9 | | store claiming an exemption for electronic cigarettes |
| 10 | | shall annually file with the Department by January 31 an |
| 11 | | affidavit stating the percentage of its gross income |
| 12 | | during the prior calendar year that was derived from the |
| 13 | | sale of electronic cigarettes. A retail tobacco store may, |
| 14 | | with authorization or permission from a unit of local |
| 15 | | government, including a home rule unit, or any non-home |
| 16 | | rule county within the unincorporated territory of the |
| 17 | | county, allow the on-premises consumption of cannabis in |
| 18 | | specially designated areas. |
| 19 | | (3) (Blank). |
| 20 | | (4) Hotel and motel sleeping rooms that are rented to |
| 21 | | guests and are designated as smoking rooms, provided that |
| 22 | | all smoking rooms on the same floor must be contiguous and |
| 23 | | smoke from these rooms must not infiltrate into nonsmoking |
| 24 | | rooms or other areas where smoking is prohibited. Not more |
| 25 | | than 25% of the rooms rented to guests in a hotel or motel |
| 26 | | may be designated as rooms where smoking is allowed. The |
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| 1 | | status of rooms as smoking or nonsmoking may not be |
| 2 | | changed, except to permanently add additional nonsmoking |
| 3 | | rooms. |
| 4 | | (5) Enclosed laboratories that are excluded from the |
| 5 | | definition of "place of employment" in Section 10 of this |
| 6 | | Act. Rulemaking authority to implement Public Act 95-1029, |
| 7 | | if any, is conditioned on the rules being adopted in |
| 8 | | accordance with all provisions of the Illinois |
| 9 | | Administrative Procedure Act and all rules and procedures |
| 10 | | of the Joint Committee on Administrative Rules; any |
| 11 | | purported rule not so adopted, for whatever reason, is |
| 12 | | unauthorized. |
| 13 | | (6) Common smoking rooms in long-term care facilities |
| 14 | | operated under the authority of the Illinois Department of |
| 15 | | Veterans Veterans' Affairs or licensed under the Nursing |
| 16 | | Home Care Act that are accessible only to residents who |
| 17 | | are smokers and have requested in writing to have access |
| 18 | | to the common smoking room where smoking is permitted and |
| 19 | | the smoke shall not infiltrate other areas of the |
| 20 | | long-term care facility. Rulemaking authority to implement |
| 21 | | Public Act 95-1029, if any, is conditioned on the rules |
| 22 | | being adopted in accordance with all provisions of the |
| 23 | | Illinois Administrative Procedure Act and all rules and |
| 24 | | procedures of the Joint Committee on Administrative Rules; |
| 25 | | any purported rule not so adopted, for whatever reason, is |
| 26 | | unauthorized. |
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| 1 | | (7) A convention hall of the Donald E. Stephens |
| 2 | | Convention Center where a meeting or trade show for |
| 3 | | manufacturers and suppliers of tobacco and tobacco |
| 4 | | products and accessories is being held, during the time |
| 5 | | the meeting or trade show is occurring, if the meeting or |
| 6 | | trade show: |
| 7 | | (i) is a trade-only event and not open to the |
| 8 | | public; |
| 9 | | (ii) is limited to attendees and exhibitors that |
| 10 | | are 21 years of age or older; |
| 11 | | (iii) is being produced or organized by a business |
| 12 | | relating to tobacco or a professional association for |
| 13 | | convenience stores; and |
| 14 | | (iv) involves the display of tobacco products. |
| 15 | | Smoking is not allowed in any public area outside of |
| 16 | | the hall designated for the meeting or trade show. |
| 17 | | This paragraph (7) is inoperative on and after October |
| 18 | | 1, 2015. |
| 19 | | (8) A dispensing organization, as defined in the |
| 20 | | Cannabis Regulation and Tax Act, authorized or permitted |
| 21 | | by a unit local government to allow on-site consumption of |
| 22 | | cannabis, if the establishment: (1) maintains a specially |
| 23 | | designated area or areas for the purpose of heating, |
| 24 | | burning, smoking, or lighting cannabis; (2) is limited to |
| 25 | | individuals 21 or older; and (3) maintains a locked door |
| 26 | | or barrier to any specially designated areas for the |
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| 1 | | purpose of heating, burning, smoking or lighting cannabis. |
| 2 | | (Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24.) |
| 3 | | Section 410. The Vital Records Act is amended by changing |
| 4 | | Section 18 as follows: |
| 5 | | (410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18) |
| 6 | | Sec. 18. (1) Each death which occurs in this State shall be |
| 7 | | registered by filing a death certificate with the local |
| 8 | | registrar of the district in which the death occurred or the |
| 9 | | body was found, within 7 days after such death (within 5 days |
| 10 | | if the death occurs prior to January 1, 1989) and prior to |
| 11 | | cremation or removal of the body from the State, except when |
| 12 | | death is subject to investigation by the coroner or medical |
| 13 | | examiner. If a death occurs in this State in a county outside |
| 14 | | the deceased's county of residence, the local registrar of the |
| 15 | | district in which the death certificate was filed shall, |
| 16 | | within 7 days of its filing, send a copy of the death |
| 17 | | certificate to the local registrar in the district where the |
| 18 | | deceased's county of residence is located. |
| 19 | | (a) For the purposes of this Section, if the place of |
| 20 | | death is unknown, a death certificate shall be filed in |
| 21 | | the registration district in which a dead body is found, |
| 22 | | which shall be considered the place of death. |
| 23 | | (b) When a death occurs on a moving conveyance, the |
| 24 | | place where the body is first removed from the conveyance |
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| 1 | | shall be considered the place of death and a death |
| 2 | | certificate shall be filed in the registration district in |
| 3 | | which such place is located. |
| 4 | | (c) The funeral director who first assumes custody of |
| 5 | | a dead body shall be responsible for filing a completed |
| 6 | | death certificate. He or she shall obtain the personal |
| 7 | | data from the next of kin or the best qualified person or |
| 8 | | source available; he or she shall enter on the certificate |
| 9 | | the name, relationship, and address of the informant; he |
| 10 | | or she shall enter the date, place, and method of final |
| 11 | | disposition; he or she shall affix his or her own |
| 12 | | signature and enter his or her address; and shall present |
| 13 | | the certificate to the person responsible for completing |
| 14 | | the medical certification of cause of death. The person |
| 15 | | responsible for completing the medical certification of |
| 16 | | cause of death must note the presence of |
| 17 | | methicillin-resistant staphylococcus aureus, clostridium |
| 18 | | difficile, or vancomycin-resistant enterococci if it is a |
| 19 | | contributing factor to or the cause of death. Additional |
| 20 | | multi-drug resistant organisms (MDROs) may be added to |
| 21 | | this list by the Department by rule. |
| 22 | | (2) The medical certification shall be completed and |
| 23 | | signed within 48 hours after death by the certifying health |
| 24 | | care professional who, within 12 months prior to the date of |
| 25 | | the patient's death, was treating or managing treatment of the |
| 26 | | patient's illness or condition which resulted in death, except |
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| 1 | | when death is subject to the coroner's or medical examiner's |
| 2 | | investigation. In the absence of the certifying health care |
| 3 | | professional or with his or her approval, the medical |
| 4 | | certificate may be completed and signed by his or her |
| 5 | | associate physician, advanced practice registered nurse, or |
| 6 | | physician assistant, the chief medical officer of the |
| 7 | | institution in which death occurred, or the physician who |
| 8 | | performed an autopsy upon the decedent. |
| 9 | | (3) When a death occurs without medical attendance, or |
| 10 | | when it is otherwise subject to the coroner's or medical |
| 11 | | examiner's investigation, the coroner or medical examiner |
| 12 | | shall be responsible for the completion of a coroner's or |
| 13 | | medical examiner's certificate of death and shall sign the |
| 14 | | medical certification within 48 hours after death, except as |
| 15 | | provided by regulation in special problem cases. If the |
| 16 | | decedent was under the age of 18 years at the time of his or |
| 17 | | her death, and the death was due to injuries suffered as a |
| 18 | | result of a motor vehicle backing over a child, or if the death |
| 19 | | occurred due to the power window of a motor vehicle, the |
| 20 | | coroner or medical examiner must send a copy of the medical |
| 21 | | certification, with information documenting that the death was |
| 22 | | due to a vehicle backing over the child or that the death was |
| 23 | | caused by a power window of a vehicle, to the Department of |
| 24 | | Children and Family Services. The Department of Children and |
| 25 | | Family Services shall (i) collect this information for use by |
| 26 | | Child Death Review Teams and (ii) compile and maintain this |
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| 1 | | information as part of its Annual Child Death Review Team |
| 2 | | Report to the General Assembly. |
| 3 | | (3.5) The medical certification of cause of death shall |
| 4 | | expressly provide an opportunity for the person completing the |
| 5 | | certification to indicate that the death was caused in whole |
| 6 | | or in part by a dementia-related disease, Parkinson's Disease, |
| 7 | | or Parkinson-Dementia Complex. |
| 8 | | (4) When the deceased was a veteran of any war of the |
| 9 | | United States, the funeral director shall prepare a |
| 10 | | "Certificate of Burial of U. S. War Veteran", as prescribed |
| 11 | | and furnished by the Illinois Department of Veterans Veterans' |
| 12 | | Affairs, and submit such certificate to the Illinois |
| 13 | | Department of Veterans Veterans' Affairs monthly. |
| 14 | | (5) When a death is presumed to have occurred in this State |
| 15 | | but the body cannot be located, a death certificate may be |
| 16 | | prepared by the State Registrar upon receipt of an order of a |
| 17 | | court of competent jurisdiction which includes the finding of |
| 18 | | facts required to complete the death certificate. Such death |
| 19 | | certificate shall be marked "Presumptive" and shall show on |
| 20 | | its face the date of the registration and shall identify the |
| 21 | | court and the date of the judgment. |
| 22 | | (Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23; |
| 23 | | 103-154, eff. 6-30-23; 103-741, eff. 8-2-24.) |
| 24 | | Section 420. The Fish and Aquatic Life Code is amended by |
| 25 | | changing Sections 15-5 and 20-5 as follows: |
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| 1 | | (515 ILCS 5/15-5) (from Ch. 56, par. 15-5) |
| 2 | | Sec. 15-5. Commercial fisherman; license requirement. |
| 3 | | (a) A "commercial fisherman" is defined as any individual |
| 4 | | who uses any of the commercial fishing devices as defined by |
| 5 | | this Code for the taking of any aquatic life, except mussels, |
| 6 | | protected by the terms of this Code. |
| 7 | | (b) All commercial fishermen shall have a commercial |
| 8 | | fishing license. In addition to a commercial fishing license, |
| 9 | | a commercial fisherman shall also obtain a sport fishing |
| 10 | | license. All individuals assisting a licensed commercial |
| 11 | | fisherman in taking aquatic life, except mussels, from any |
| 12 | | waters of the State must have a commercial fishing license |
| 13 | | unless these individuals are under the direct supervision of |
| 14 | | and aboard the same watercraft as the licensed commercial |
| 15 | | fisherman. An individual assisting a licensed commercial |
| 16 | | fisherman must first obtain a sport fishing license. |
| 17 | | (c) Notwithstanding any other provision of law to the |
| 18 | | contrary, blind residents or residents with a disability may |
| 19 | | fish with commercial fishing devices without holding a sports |
| 20 | | fishing license. For the purpose of this Section, an |
| 21 | | individual is blind or has a disability if that individual has |
| 22 | | a Class 2 disability as defined in Section 4A of the Illinois |
| 23 | | Identification Card Act. For the purposes of this Section, an |
| 24 | | Illinois person with a Disability Identification Card issued |
| 25 | | under the Illinois Identification Card Act indicating that the |
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| 1 | | individual named on the card has a Class 2 disability shall be |
| 2 | | adequate documentation of a disability. |
| 3 | | (d) Notwithstanding any other provision of law to the |
| 4 | | contrary, a veteran who, according to the determination of the |
| 5 | | federal Veterans' Administration as certified by the |
| 6 | | Department of Veterans Veterans' Affairs, is at least 10% |
| 7 | | disabled with service-related disabilities or in receipt of |
| 8 | | total disability pensions may fish with commercial fishing |
| 9 | | devices without holding a sports fishing license during those |
| 10 | | periods of the year that it is lawful to fish with commercial |
| 11 | | fishing devices, if the respective disabilities do not prevent |
| 12 | | the veteran from fishing in a manner that is safe to him or |
| 13 | | herself and others. |
| 14 | | (e) A "Lake Michigan commercial fisherman" is defined as |
| 15 | | an individual who resides in this State or an Illinois |
| 16 | | corporation who uses any of the commercial fishing devices as |
| 17 | | defined by this Code for the taking of aquatic life, except |
| 18 | | mussels, protected by the terms of this Code. |
| 19 | | (f) For purposes of this Section, an act or omission that |
| 20 | | constitutes a violation committed by an officer, employee, or |
| 21 | | agent of a corporation shall be deemed the act or omission of |
| 22 | | the corporation. |
| 23 | | (Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15; |
| 24 | | 99-143, eff. 7-27-15.) |
| 25 | | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) |
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| 1 | | Sec. 20-5. Necessity of license; exemptions. |
| 2 | | (a) Any person taking or attempting to take any fish, |
| 3 | | including minnows for commercial purposes, turtles, mussels, |
| 4 | | crayfish, or frogs by any means whatever in any waters or lands |
| 5 | | wholly or in part within the jurisdiction of the State, |
| 6 | | including that part of Lake Michigan under the jurisdiction of |
| 7 | | this State, shall first obtain a license to do so, and shall do |
| 8 | | so only during the respective periods of the year when it shall |
| 9 | | be lawful as provided in this Code. Individuals under 16, |
| 10 | | blind residents or residents with a disability, or individuals |
| 11 | | fishing at fee fishing areas licensed by the Department, |
| 12 | | however, may fish with sport fishing devices without being |
| 13 | | required to have a license. For the purpose of this Section an |
| 14 | | individual is blind or has a disability if that individual has |
| 15 | | a Class 2 disability as defined in Section 4A of the Illinois |
| 16 | | Identification Card Act. For purposes of this Section an |
| 17 | | Illinois Person with a Disability Identification Card issued |
| 18 | | under the Illinois Identification Card Act indicating that the |
| 19 | | individual named on the card has a Class 2 disability shall be |
| 20 | | adequate documentation of a disability. |
| 21 | | (b) A courtesy non-resident sport fishing license or stamp |
| 22 | | may be issued at the discretion of the Director, without fee, |
| 23 | | to (i) any individual officially employed in the wildlife and |
| 24 | | fish or conservation department of another state or of the |
| 25 | | United States who is within the State to assist or consult or |
| 26 | | cooperate with the Director or (ii) the officials of other |
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| 1 | | states, the United States, foreign countries, or officers or |
| 2 | | representatives of conservation organizations or publications |
| 3 | | while in the State as guests of the Governor or Director. |
| 4 | | (c) The Director may issue special fishing permits without |
| 5 | | cost to groups of hospital patients or to individuals with |
| 6 | | disabilities for use on specified dates in connection with |
| 7 | | supervised fishing for therapy. |
| 8 | | (d) Veterans who, according to the determination of the |
| 9 | | Veterans' Administration as certified by the Department of |
| 10 | | Veterans Veterans' Affairs, are at least 10% disabled with |
| 11 | | service-related disabilities or in receipt of total disability |
| 12 | | pensions may fish with sport fishing devices during those |
| 13 | | periods of the year it is lawful to do so without being |
| 14 | | required to have a license, on the condition that their |
| 15 | | respective disabilities do not prevent them from fishing in a |
| 16 | | manner which is safe to themselves and others. |
| 17 | | (e) Each year the Director may designate a period, not to |
| 18 | | exceed 4 days in duration, when sport fishermen may fish |
| 19 | | waters wholly or in part within the jurisdiction of the State, |
| 20 | | including that part of Lake Michigan under the jurisdiction of |
| 21 | | the State, and not be required to obtain the license or stamp |
| 22 | | required by subsection (a) of this Section, Section 20-10 or |
| 23 | | subsection (a) of Section 20-55. The term of any such period |
| 24 | | shall be established by administrative rule. This subsection |
| 25 | | shall not apply to commercial fishing. |
| 26 | | (f) The Director may issue special fishing permits without |
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| 1 | | cost for a group event, restricted to specific dates and |
| 2 | | locations if it is determined by the Department that the event |
| 3 | | is beneficial in promoting sport fishing in Illinois. |
| 4 | | (Source: P.A. 99-143, eff. 7-27-15.) |
| 5 | | Section 425. The Wildlife Code is amended by changing |
| 6 | | Section 3.1-2 as follows: |
| 7 | | (520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2) |
| 8 | | Sec. 3.1-2. Veterans who, according to the determination |
| 9 | | of the Veterans' Administration as certified by the Department |
| 10 | | of Veterans Veterans' Affairs, are at least 10% disabled with |
| 11 | | service-related disabilities or in receipt of total disability |
| 12 | | pensions and former prisoners of war may hunt and trap any of |
| 13 | | the species protected by Section 2.2, during such times, with |
| 14 | | such devices and by such methods as are permitted by this Act, |
| 15 | | without procuring hunting and trapping licenses, State Habitat |
| 16 | | Stamps, and State Waterfowl Stamps on the condition that their |
| 17 | | respective disabilities do not prevent them from hunting and |
| 18 | | trapping in a manner which is safe to themselves and others. |
| 19 | | (Source: P.A. 102-524, eff. 8-20-21; 102-837, eff. 5-13-22.) |
| 20 | | Section 435. The Illinois Vehicle Code is amended by |
| 21 | | changing Sections 2-123, 3-609, 3-699.14, 6-106, and 11-1301.2 |
| 22 | | as follows: |
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| 1 | | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) |
| 2 | | Sec. 2-123. Sale and distribution of information. |
| 3 | | (a) Except as otherwise provided in this Section, the |
| 4 | | Secretary may make the driver's license, vehicle and title |
| 5 | | registration lists, in part or in whole, and any statistical |
| 6 | | information derived from these lists available to local |
| 7 | | governments, elected state officials, state educational |
| 8 | | institutions, and all other governmental units of the State |
| 9 | | and Federal Government requesting them for governmental |
| 10 | | purposes. The Secretary shall require any such applicant for |
| 11 | | services to pay for the costs of furnishing such services and |
| 12 | | the use of the equipment involved, and in addition is |
| 13 | | empowered to establish prices and charges for the services so |
| 14 | | furnished and for the use of the electronic equipment |
| 15 | | utilized. |
| 16 | | (b) The Secretary is further empowered to and he may, in |
| 17 | | his discretion, furnish to any applicant, other than listed in |
| 18 | | subsection (a) of this Section, vehicle or driver data on a |
| 19 | | computer tape, disk, other electronic format or computer |
| 20 | | processable medium, or printout at a fixed fee of $500, in |
| 21 | | advance, and require in addition a further sufficient deposit |
| 22 | | based upon the Secretary of State's estimate of the total cost |
| 23 | | of the information requested and a charge of $50, per 1,000 |
| 24 | | units or part thereof identified or the actual cost, whichever |
| 25 | | is greater. The Secretary is authorized to refund any |
| 26 | | difference between the additional deposit and the actual cost |
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| 1 | | of the request. This service shall not be in lieu of an |
| 2 | | abstract of a driver's record nor of a title or registration |
| 3 | | search. This service may be limited to entities purchasing a |
| 4 | | minimum number of records as required by administrative rule. |
| 5 | | The information sold pursuant to this subsection shall be the |
| 6 | | entire vehicle or driver data list, or part thereof. The |
| 7 | | information sold pursuant to this subsection shall not contain |
| 8 | | personally identifying information unless the information is |
| 9 | | to be used for one of the purposes identified in subsection |
| 10 | | (f-5) of this Section. Commercial purchasers of driver and |
| 11 | | vehicle record databases shall enter into a written agreement |
| 12 | | with the Secretary of State that includes disclosure of the |
| 13 | | commercial use of the information to be purchased. |
| 14 | | (b-1) The Secretary is further empowered to and may, in |
| 15 | | his or her discretion, furnish vehicle or driver data on a |
| 16 | | computer tape, disk, or other electronic format or computer |
| 17 | | processible medium, at no fee, to any State or local |
| 18 | | governmental agency that uses the information provided by the |
| 19 | | Secretary to transmit data back to the Secretary that enables |
| 20 | | the Secretary to maintain accurate driving records, including |
| 21 | | dispositions of traffic cases. This information may be |
| 22 | | provided without fee not more often than once every 6 months. |
| 23 | | (c) Secretary of State may issue registration lists. The |
| 24 | | Secretary of State may compile a list of all registered |
| 25 | | vehicles. Each list of registered vehicles shall be arranged |
| 26 | | serially according to the registration numbers assigned to |
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| 1 | | registered vehicles and may contain in addition the names and |
| 2 | | addresses of registered owners and a brief description of each |
| 3 | | vehicle including the serial or other identifying number |
| 4 | | thereof. Such compilation may be in such form as in the |
| 5 | | discretion of the Secretary of State may seem best for the |
| 6 | | purposes intended. |
| 7 | | (d) The Secretary of State shall furnish no more than 2 |
| 8 | | current available lists of such registrations to the sheriffs |
| 9 | | of all counties and to the chiefs of police of all cities and |
| 10 | | villages and towns of 2,000 population and over in this State |
| 11 | | at no cost. Additional copies may be purchased by the sheriffs |
| 12 | | or chiefs of police at the fee of $500 each or at the cost of |
| 13 | | producing the list as determined by the Secretary of State. |
| 14 | | Such lists are to be used for governmental purposes only. |
| 15 | | (e) (Blank). |
| 16 | | (e-1) (Blank). |
| 17 | | (f) The Secretary of State shall make a title or |
| 18 | | registration search of the records of his office and a written |
| 19 | | report on the same for any person, upon written application of |
| 20 | | such person, accompanied by a fee of $5 for each registration |
| 21 | | or title search. The written application shall set forth the |
| 22 | | intended use of the requested information. No fee shall be |
| 23 | | charged for a title or registration search, or for the |
| 24 | | certification thereof requested by a government agency. The |
| 25 | | report of the title or registration search shall not contain |
| 26 | | personally identifying information unless the request for a |
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| 1 | | search was made for one of the purposes identified in |
| 2 | | subsection (f-5) of this Section. The report of the title or |
| 3 | | registration search shall not contain highly restricted |
| 4 | | personal information unless specifically authorized by this |
| 5 | | Code. |
| 6 | | The Secretary of State shall certify a title or |
| 7 | | registration record upon written request. The fee for |
| 8 | | certification shall be $5 in addition to the fee required for a |
| 9 | | title or registration search. Certification shall be made |
| 10 | | under the signature of the Secretary of State and shall be |
| 11 | | authenticated by Seal of the Secretary of State. |
| 12 | | The Secretary of State may notify the vehicle owner or |
| 13 | | registrant of the request for purchase of his title or |
| 14 | | registration information as the Secretary deems appropriate. |
| 15 | | No information shall be released to the requester until |
| 16 | | expiration of a 10-day period. This 10-day period shall not |
| 17 | | apply to requests for information made by law enforcement |
| 18 | | officials, government agencies, financial institutions, |
| 19 | | attorneys, insurers, employers, automobile associated |
| 20 | | businesses, persons licensed as a private detective or firms |
| 21 | | licensed as a private detective agency under the Private |
| 22 | | Detective, Private Alarm, Private Security, Fingerprint |
| 23 | | Vendor, and Locksmith Act of 2004, who are employed by or are |
| 24 | | acting on behalf of law enforcement officials, government |
| 25 | | agencies, financial institutions, attorneys, insurers, |
| 26 | | employers, automobile associated businesses, and other |
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| 1 | | business entities for purposes consistent with the Illinois |
| 2 | | Vehicle Code, the vehicle owner or registrant or other |
| 3 | | entities as the Secretary may exempt by rule and regulation. |
| 4 | | Any misrepresentation made by a requester of title or |
| 5 | | vehicle information shall be punishable as a petty offense, |
| 6 | | except in the case of persons licensed as a private detective |
| 7 | | or firms licensed as a private detective agency which shall be |
| 8 | | subject to disciplinary sanctions under Section 40-10 of the |
| 9 | | Private Detective, Private Alarm, Private Security, |
| 10 | | Fingerprint Vendor, and Locksmith Act of 2004. |
| 11 | | (f-5) The Secretary of State shall not disclose or |
| 12 | | otherwise make available to any person or entity any |
| 13 | | personally identifying information obtained by the Secretary |
| 14 | | of State in connection with a driver's license, vehicle, or |
| 15 | | title registration record unless the information is disclosed |
| 16 | | for one of the following purposes: |
| 17 | | (1) For use by any government agency, including any |
| 18 | | court or law enforcement agency, in carrying out its |
| 19 | | functions, or any private person or entity acting on |
| 20 | | behalf of a federal, State, or local agency in carrying |
| 21 | | out its functions. |
| 22 | | (2) For use in connection with matters of motor |
| 23 | | vehicle or driver safety and theft; motor vehicle |
| 24 | | emissions; motor vehicle product alterations, recalls, or |
| 25 | | advisories; performance monitoring of motor vehicles, |
| 26 | | motor vehicle parts, and dealers; and removal of non-owner |
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| 1 | | records from the original owner records of motor vehicle |
| 2 | | manufacturers. |
| 3 | | (3) For use in the normal course of business by a |
| 4 | | legitimate business or its agents, employees, or |
| 5 | | contractors, but only: |
| 6 | | (A) to verify the accuracy of personal information |
| 7 | | submitted by an individual to the business or its |
| 8 | | agents, employees, or contractors; and |
| 9 | | (B) if such information as so submitted is not |
| 10 | | correct or is no longer correct, to obtain the correct |
| 11 | | information, but only for the purposes of preventing |
| 12 | | fraud by, pursuing legal remedies against, or |
| 13 | | recovering on a debt or security interest against, the |
| 14 | | individual. |
| 15 | | (4) For use in research activities and for use in |
| 16 | | producing statistical reports, if the personally |
| 17 | | identifying information is not published, redisclosed, or |
| 18 | | used to contact individuals. |
| 19 | | (5) For use in connection with any civil, criminal, |
| 20 | | administrative, or arbitral proceeding in any federal, |
| 21 | | State, or local court or agency or before any |
| 22 | | self-regulatory body, including the service of process, |
| 23 | | investigation in anticipation of litigation, and the |
| 24 | | execution or enforcement of judgments and orders, or |
| 25 | | pursuant to an order of a federal, State, or local court. |
| 26 | | (6) For use by any insurer or insurance support |
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| 1 | | organization or by a self-insured entity or its agents, |
| 2 | | employees, or contractors in connection with claims |
| 3 | | investigation activities, antifraud activities, rating, or |
| 4 | | underwriting. |
| 5 | | (7) For use in providing notice to the owners of towed |
| 6 | | or impounded vehicles. |
| 7 | | (8) For use by any person licensed as a private |
| 8 | | detective or firm licensed as a private detective agency |
| 9 | | under the Private Detective, Private Alarm, Private |
| 10 | | Security, Fingerprint Vendor, and Locksmith Act of 2004, |
| 11 | | private investigative agency or security service licensed |
| 12 | | in Illinois for any purpose permitted under this |
| 13 | | subsection. |
| 14 | | (9) For use by an employer or its agent or insurer to |
| 15 | | obtain or verify information relating to a holder of a |
| 16 | | commercial driver's license that is required under chapter |
| 17 | | 313 of title 49 of the United States Code. |
| 18 | | (10) For use in connection with the operation of |
| 19 | | private toll transportation facilities. |
| 20 | | (11) For use by any requester, if the requester |
| 21 | | demonstrates it has obtained the written consent of the |
| 22 | | individual to whom the information pertains. |
| 23 | | (12) For use by members of the news media, as defined |
| 24 | | in Section 1-148.5, for the purpose of newsgathering when |
| 25 | | the request relates to the operation of a motor vehicle or |
| 26 | | public safety. |
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| 1 | | (13) For any other use specifically authorized by law, |
| 2 | | if that use is related to the operation of a motor vehicle |
| 3 | | or public safety. |
| 4 | | (f-6) The Secretary of State shall not disclose or |
| 5 | | otherwise make available to any person or entity any highly |
| 6 | | restricted personal information obtained by the Secretary of |
| 7 | | State in connection with a driver's license, vehicle, or title |
| 8 | | registration record unless specifically authorized by this |
| 9 | | Code. |
| 10 | | (g) 1. The Secretary of State may, upon receipt of a |
| 11 | | written request and a fee as set forth in Section 6-118, |
| 12 | | furnish to the person or agency so requesting a driver's |
| 13 | | record or data contained therein. Such document may include a |
| 14 | | record of: current driver's license issuance information, |
| 15 | | except that the information on judicial driving permits shall |
| 16 | | be available only as otherwise provided by this Code; |
| 17 | | convictions; orders entered revoking, suspending or cancelling |
| 18 | | a driver's license or privilege; and notations of crash |
| 19 | | involvement. All other information, unless otherwise permitted |
| 20 | | by this Code, shall remain confidential. Information released |
| 21 | | pursuant to a request for a driver's record shall not contain |
| 22 | | personally identifying information, unless the request for the |
| 23 | | driver's record was made for one of the purposes set forth in |
| 24 | | subsection (f-5) of this Section. The Secretary of State may, |
| 25 | | without fee, allow a parent or guardian of a person under the |
| 26 | | age of 18 years, who holds an instruction permit or graduated |
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| 1 | | driver's license, to view that person's driving record online, |
| 2 | | through a computer connection. The parent or guardian's online |
| 3 | | access to the driving record will terminate when the |
| 4 | | instruction permit or graduated driver's license holder |
| 5 | | reaches the age of 18. |
| 6 | | 2. The Secretary of State shall not disclose or otherwise |
| 7 | | make available to any person or entity any highly restricted |
| 8 | | personal information obtained by the Secretary of State in |
| 9 | | connection with a driver's license, vehicle, or title |
| 10 | | registration record unless specifically authorized by this |
| 11 | | Code. The Secretary of State may certify an abstract of a |
| 12 | | driver's record upon written request therefor. Such |
| 13 | | certification shall be made under the signature of the |
| 14 | | Secretary of State and shall be authenticated by the Seal of |
| 15 | | his office. |
| 16 | | 3. All requests for driving record information shall be |
| 17 | | made in a manner prescribed by the Secretary and shall set |
| 18 | | forth the intended use of the requested information. |
| 19 | | The Secretary of State may notify the affected driver of |
| 20 | | the request for purchase of his driver's record as the |
| 21 | | Secretary deems appropriate. |
| 22 | | No information shall be released to the requester until |
| 23 | | expiration of a 10-day period. This 10-day period shall not |
| 24 | | apply to requests for information made by law enforcement |
| 25 | | officials, government agencies, financial institutions, |
| 26 | | attorneys, insurers, employers, automobile associated |
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| 1 | | businesses, persons licensed as a private detective or firms |
| 2 | | licensed as a private detective agency under the Private |
| 3 | | Detective, Private Alarm, Private Security, Fingerprint |
| 4 | | Vendor, and Locksmith Act of 2004, who are employed by or are |
| 5 | | acting on behalf of law enforcement officials, government |
| 6 | | agencies, financial institutions, attorneys, insurers, |
| 7 | | employers, automobile associated businesses, and other |
| 8 | | business entities for purposes consistent with the Illinois |
| 9 | | Vehicle Code, the affected driver or other entities as the |
| 10 | | Secretary may exempt by rule and regulation. |
| 11 | | Any misrepresentation made by a requester of driver |
| 12 | | information shall be punishable as a petty offense, except in |
| 13 | | the case of persons licensed as a private detective or firms |
| 14 | | licensed as a private detective agency which shall be subject |
| 15 | | to disciplinary sanctions under Section 40-10 of the Private |
| 16 | | Detective, Private Alarm, Private Security, Fingerprint |
| 17 | | Vendor, and Locksmith Act of 2004. |
| 18 | | 4. The Secretary of State may furnish without fee, upon |
| 19 | | the written request of a law enforcement agency, any |
| 20 | | information from a driver's record on file with the Secretary |
| 21 | | of State when such information is required in the enforcement |
| 22 | | of this Code or any other law relating to the operation of |
| 23 | | motor vehicles, including records of dispositions; documented |
| 24 | | information involving the use of a motor vehicle; whether such |
| 25 | | individual has, or previously had, a driver's license; and the |
| 26 | | address and personal description as reflected on said driver's |
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| 1 | | record. |
| 2 | | 5. Except as otherwise provided in this Section, the |
| 3 | | Secretary of State may furnish, without fee, information from |
| 4 | | an individual driver's record on file, if a written request |
| 5 | | therefor is submitted by any public transit system or |
| 6 | | authority, public defender, law enforcement agency, a state or |
| 7 | | federal agency, or an Illinois local intergovernmental |
| 8 | | association, if the request is for the purpose of a background |
| 9 | | check of applicants for employment with the requesting agency, |
| 10 | | or for the purpose of an official investigation conducted by |
| 11 | | the agency, or to determine a current address for the driver so |
| 12 | | public funds can be recovered or paid to the driver, or for any |
| 13 | | other purpose set forth in subsection (f-5) of this Section. |
| 14 | | The Secretary may also furnish the courts a copy of an |
| 15 | | abstract of a driver's record, without fee, subsequent to an |
| 16 | | arrest for a violation of Section 11-501 or a similar |
| 17 | | provision of a local ordinance. Such abstract may include |
| 18 | | records of dispositions; documented information involving the |
| 19 | | use of a motor vehicle as contained in the current file; |
| 20 | | whether such individual has, or previously had, a driver's |
| 21 | | license; and the address and personal description as reflected |
| 22 | | on said driver's record. |
| 23 | | 6. Any certified abstract issued by the Secretary of State |
| 24 | | or transmitted electronically by the Secretary of State |
| 25 | | pursuant to this Section, to a court or on request of a law |
| 26 | | enforcement agency, for the record of a named person as to the |
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| 1 | | status of the person's driver's license shall be prima facie |
| 2 | | evidence of the facts therein stated and if the name appearing |
| 3 | | in such abstract is the same as that of a person named in an |
| 4 | | information or warrant, such abstract shall be prima facie |
| 5 | | evidence that the person named in such information or warrant |
| 6 | | is the same person as the person named in such abstract and |
| 7 | | shall be admissible for any prosecution under this Code and be |
| 8 | | admitted as proof of any prior conviction or proof of records, |
| 9 | | notices, or orders recorded on individual driving records |
| 10 | | maintained by the Secretary of State. |
| 11 | | 7. Subject to any restrictions contained in the Juvenile |
| 12 | | Court Act of 1987, and upon receipt of a proper request and a |
| 13 | | fee as set forth in Section 6-118, the Secretary of State shall |
| 14 | | provide a driver's record or data contained therein to the |
| 15 | | affected driver, or the affected driver's attorney, upon |
| 16 | | verification. Such record shall contain all the information |
| 17 | | referred to in paragraph 1 of this subsection (g) plus: any |
| 18 | | recorded crash involvement as a driver; information recorded |
| 19 | | pursuant to subsection (e) of Section 6-117 and paragraph (4) |
| 20 | | of subsection (a) of Section 6-204 of this Code. All other |
| 21 | | information, unless otherwise permitted by this Code, shall |
| 22 | | remain confidential. |
| 23 | | (h) The Secretary shall not disclose social security |
| 24 | | numbers or any associated information obtained from the Social |
| 25 | | Security Administration except pursuant to a written request |
| 26 | | by, or with the prior written consent of, the individual |
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| 1 | | except: (1) to officers and employees of the Secretary who |
| 2 | | have a need to know the social security numbers in performance |
| 3 | | of their official duties, (2) to law enforcement officials for |
| 4 | | a civil or criminal law enforcement investigation, and if an |
| 5 | | officer of the law enforcement agency has made a written |
| 6 | | request to the Secretary specifying the law enforcement |
| 7 | | investigation for which the social security numbers are being |
| 8 | | sought, though the Secretary retains the right to require |
| 9 | | additional verification regarding the validity of the request, |
| 10 | | (3) to the United States Department of Transportation, or any |
| 11 | | other State, pursuant to the administration and enforcement of |
| 12 | | the Commercial Motor Vehicle Safety Act of 1986 or |
| 13 | | participation in State-to-State verification service, (4) |
| 14 | | pursuant to the order of a court of competent jurisdiction, |
| 15 | | (5) to the Department of Healthcare and Family Services |
| 16 | | (formerly Department of Public Aid) for utilization in the |
| 17 | | child support enforcement duties assigned to that Department |
| 18 | | under provisions of the Illinois Public Aid Code after the |
| 19 | | individual has received advanced meaningful notification of |
| 20 | | what redisclosure is sought by the Secretary in accordance |
| 21 | | with the federal Privacy Act, (5.5) to the Department of |
| 22 | | Healthcare and Family Services and the Department of Human |
| 23 | | Services solely for the purpose of verifying Illinois |
| 24 | | residency where such residency is an eligibility requirement |
| 25 | | for benefits under the Illinois Public Aid Code or any other |
| 26 | | health benefit program administered by the Department of |
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| 1 | | Healthcare and Family Services or the Department of Human |
| 2 | | Services, (6) to the Illinois Department of Revenue solely for |
| 3 | | use by the Department in the collection of any tax or debt that |
| 4 | | the Department of Revenue is authorized or required by law to |
| 5 | | collect, provided that the Department shall not disclose the |
| 6 | | social security number to any person or entity outside of the |
| 7 | | Department, (7) to the Illinois Department of Veterans |
| 8 | | Veterans' Affairs for the purpose of confirming veteran |
| 9 | | status, or (8) the last 4 digits to the Illinois State Board of |
| 10 | | Elections for purposes of voter registration and as may be |
| 11 | | required pursuant to an agreement for a multi-state voter |
| 12 | | registration list maintenance system. If social security |
| 13 | | information is disclosed by the Secretary in accordance with |
| 14 | | this Section, no liability shall rest with the Office of the |
| 15 | | Secretary of State or any of its officers or employees, as the |
| 16 | | information is released for official purposes only. |
| 17 | | (i) (Blank). |
| 18 | | (j) Medical statements or medical reports received in the |
| 19 | | Secretary of State's Office shall be confidential. Except as |
| 20 | | provided in this Section, no confidential information may be |
| 21 | | open to public inspection or the contents disclosed to anyone, |
| 22 | | except officers and employees of the Secretary who have a need |
| 23 | | to know the information contained in the medical reports and |
| 24 | | the Driver License Medical Advisory Board, unless so directed |
| 25 | | by an order of a court of competent jurisdiction. If the |
| 26 | | Secretary receives a medical report regarding a driver that |
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| 1 | | does not address a medical condition contained in a previous |
| 2 | | medical report, the Secretary may disclose the unaddressed |
| 3 | | medical condition to the driver or his or her physician, or |
| 4 | | both, solely for the purpose of submission of a medical report |
| 5 | | that addresses the condition. |
| 6 | | (k) Beginning July 1, 2023, disbursement of fees collected |
| 7 | | under this Section shall be as follows: (1) of the $20 fee for |
| 8 | | a driver's record, $11 shall be paid into the Secretary of |
| 9 | | State Special Services Fund, and $6 shall be paid into the |
| 10 | | General Revenue Fund; (2) 50% of the amounts collected under |
| 11 | | subsection (b) shall be paid into the General Revenue Fund; |
| 12 | | and (3) all remaining fees shall be disbursed under subsection |
| 13 | | (g) of Section 2-119 of this Code. |
| 14 | | (l) (Blank). |
| 15 | | (m) Notations of crash involvement that may be disclosed |
| 16 | | under this Section shall not include notations relating to |
| 17 | | damage to a vehicle or other property being transported by a |
| 18 | | tow truck. This information shall remain confidential, |
| 19 | | provided that nothing in this subsection (m) shall limit |
| 20 | | disclosure of any notification of crash involvement to any law |
| 21 | | enforcement agency or official. |
| 22 | | (n) Requests made by the news media for driver's license, |
| 23 | | vehicle, or title registration information may be furnished |
| 24 | | without charge or at a reduced charge, as determined by the |
| 25 | | Secretary, when the specific purpose for requesting the |
| 26 | | documents is deemed to be in the public interest. Waiver or |
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| 1 | | reduction of the fee is in the public interest if the principal |
| 2 | | purpose of the request is to access and disseminate |
| 3 | | information regarding the health, safety, and welfare or the |
| 4 | | legal rights of the general public and is not for the principal |
| 5 | | purpose of gaining a personal or commercial benefit. The |
| 6 | | information provided pursuant to this subsection shall not |
| 7 | | contain personally identifying information unless the |
| 8 | | information is to be used for one of the purposes identified in |
| 9 | | subsection (f-5) of this Section. |
| 10 | | (o) The redisclosure of personally identifying information |
| 11 | | obtained pursuant to this Section is prohibited, except to the |
| 12 | | extent necessary to effectuate the purpose for which the |
| 13 | | original disclosure of the information was permitted. |
| 14 | | (p) The Secretary of State is empowered to adopt rules to |
| 15 | | effectuate this Section. |
| 16 | | (Source: P.A. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.) |
| 17 | | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) |
| 18 | | Sec. 3-609. Plates for veterans with disabilities. |
| 19 | | (a) Any veteran who holds proof of a service-connected |
| 20 | | disability from the United States Department of Veterans |
| 21 | | Affairs, and who has obtained certification from a licensed |
| 22 | | physician, physician assistant, or advanced practice |
| 23 | | registered nurse that the service-connected disability |
| 24 | | qualifies the veteran for issuance of registration plates or |
| 25 | | digital registration plates or decals to a person with |
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| 1 | | disabilities in accordance with Section 3-616, may, without |
| 2 | | the payment of any registration fee, make application to the |
| 3 | | Secretary of State for license plates for veterans with |
| 4 | | disabilities displaying the international symbol of access, |
| 5 | | for the registration of one motor vehicle of the first |
| 6 | | division, one motorcycle, or one motor vehicle of the second |
| 7 | | division weighing not more than 8,000 pounds. |
| 8 | | (b) Any veteran who holds proof of a service-connected |
| 9 | | disability from the United States Department of Veterans |
| 10 | | Affairs, and whose degree of disability has been declared to |
| 11 | | be 50% or more, but whose disability does not qualify the |
| 12 | | veteran for a plate or decal for persons with disabilities |
| 13 | | under Section 3-616, may, without the payment of any |
| 14 | | registration fee, make application to the Secretary for a |
| 15 | | special registration plate or digital registration plate |
| 16 | | without the international symbol of access for the |
| 17 | | registration of one motor vehicle of the first division, one |
| 18 | | motorcycle, or one motor vehicle of the second division |
| 19 | | weighing not more than 8,000 pounds. |
| 20 | | (c) Renewal of such registration must be accompanied with |
| 21 | | documentation for eligibility of registration without fee |
| 22 | | unless the applicant has a permanent qualifying disability, |
| 23 | | and such registration plates or digital registration plates |
| 24 | | may not be issued to any person not eligible therefor. The |
| 25 | | Illinois Department of Veterans Veterans' Affairs may assist |
| 26 | | in providing the documentation of disability. |
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| 1 | | (d) The design and color of the plates shall be within the |
| 2 | | discretion of the Secretary, except that the plates issued |
| 3 | | under subsection (b) of this Section shall not contain the |
| 4 | | international symbol of access. The Secretary may, in his or |
| 5 | | her discretion, allow the plates to be issued as vanity or |
| 6 | | personalized plates in accordance with Section 3-405.1 of this |
| 7 | | Code. Registration shall be for a multi-year period and may be |
| 8 | | issued staggered registration. |
| 9 | | (e) Any person eligible to receive license plates under |
| 10 | | this Section who has been approved for benefits under the |
| 11 | | Senior Citizens and Persons with Disabilities Property Tax |
| 12 | | Relief Act, or who has claimed and received a grant under that |
| 13 | | Act, shall pay a fee of $24 instead of the fee otherwise |
| 14 | | provided in this Code for passenger cars displaying standard |
| 15 | | multi-year registration plates or digital registration plates |
| 16 | | issued under Section 3-414.1, for motor vehicles registered at |
| 17 | | 8,000 pounds or less under Section 3-815(a), or for |
| 18 | | recreational vehicles registered at 8,000 pounds or less under |
| 19 | | Section 3-815(b), for a second set of plates under this |
| 20 | | Section. |
| 21 | | (f) With respect to the supporting documentation required |
| 22 | | to obtain a plate under this Section, the Secretary shall |
| 23 | | allow an applicant to redact information on the documentation |
| 24 | | that pertains to the nature of the applicant's health issue, |
| 25 | | unless that information is necessary to confirm that the |
| 26 | | applicant's disability is service-connected or to establish |
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| 1 | | the degree of the applicant's service-connected disability. |
| 2 | | (Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; |
| 3 | | 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.) |
| 4 | | (625 ILCS 5/3-699.14) |
| 5 | | Sec. 3-699.14. Universal special license plates. |
| 6 | | (a) In addition to any other special license plate, the |
| 7 | | Secretary, upon receipt of all applicable fees and |
| 8 | | applications made in the form prescribed by the Secretary, may |
| 9 | | issue Universal special license plates to residents of |
| 10 | | Illinois on behalf of organizations that have been authorized |
| 11 | | by the General Assembly to issue decals for Universal special |
| 12 | | license plates. Appropriate documentation, as determined by |
| 13 | | the Secretary, shall accompany each application. Authorized |
| 14 | | organizations shall be designated by amendment to this |
| 15 | | Section. When applying for a Universal special license plate |
| 16 | | the applicant shall inform the Secretary of the name of the |
| 17 | | authorized organization from which the applicant will obtain a |
| 18 | | decal to place on the plate. The Secretary shall make a record |
| 19 | | of that organization and that organization shall remain |
| 20 | | affiliated with that plate until the plate is surrendered, |
| 21 | | revoked, or otherwise cancelled. The authorized organization |
| 22 | | may charge a fee to offset the cost of producing and |
| 23 | | distributing the decal, but that fee shall be retained by the |
| 24 | | authorized organization and shall be separate and distinct |
| 25 | | from any registration fees charged by the Secretary. No decal, |
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| 1 | | sticker, or other material may be affixed to a Universal |
| 2 | | special license plate other than a decal authorized by the |
| 3 | | General Assembly in this Section or a registration renewal |
| 4 | | sticker. The special plates issued under this Section shall be |
| 5 | | affixed only to passenger vehicles of the first division, |
| 6 | | including motorcycles and autocycles, or motor vehicles of the |
| 7 | | second division weighing not more than 8,000 pounds. Plates |
| 8 | | issued under this Section shall expire according to the |
| 9 | | multi-year procedure under Section 3-414.1 of this Code. |
| 10 | | (b) The design, color, and format of the Universal special |
| 11 | | license plate shall be wholly within the discretion of the |
| 12 | | Secretary. Universal special license plates are not required |
| 13 | | to designate "Land of Lincoln", as prescribed in subsection |
| 14 | | (b) of Section 3-412 of this Code. The design shall allow for |
| 15 | | the application of a decal to the plate. Organizations |
| 16 | | authorized by the General Assembly to issue decals for |
| 17 | | Universal special license plates shall comply with rules |
| 18 | | adopted by the Secretary governing the requirements for and |
| 19 | | approval of Universal special license plate decals. The |
| 20 | | Secretary may, in his or her discretion, allow Universal |
| 21 | | special license plates to be issued as vanity or personalized |
| 22 | | plates in accordance with Section 3-405.1 of this Code. The |
| 23 | | Secretary of State must make a version of the special |
| 24 | | registration plates authorized under this Section in a form |
| 25 | | appropriate for motorcycles and autocycles. |
| 26 | | (c) When authorizing a Universal special license plate, |
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| 1 | | the General Assembly shall set forth whether an additional fee |
| 2 | | is to be charged for the plate and, if a fee is to be charged, |
| 3 | | the amount of the fee and how the fee is to be distributed. |
| 4 | | When necessary, the authorizing language shall create a |
| 5 | | special fund in the State treasury into which fees may be |
| 6 | | deposited for an authorized Universal special license plate. |
| 7 | | Additional fees may only be charged if the fee is to be paid |
| 8 | | over to a State agency or to a charitable entity that is in |
| 9 | | compliance with the registration and reporting requirements of |
| 10 | | the Charitable Trust Act and the Solicitation for Charity Act. |
| 11 | | Any charitable entity receiving fees for the sale of Universal |
| 12 | | special license plates shall annually provide the Secretary of |
| 13 | | State a letter of compliance issued by the Attorney General |
| 14 | | verifying that the entity is in compliance with the Charitable |
| 15 | | Trust Act and the Solicitation for Charity Act. |
| 16 | | (d) Upon original issuance and for each registration |
| 17 | | renewal period, in addition to the appropriate registration |
| 18 | | fee, if applicable, the Secretary shall collect any additional |
| 19 | | fees, if required, for issuance of Universal special license |
| 20 | | plates. The fees shall be collected on behalf of the |
| 21 | | organization designated by the applicant when applying for the |
| 22 | | plate. All fees collected shall be transferred to the State |
| 23 | | agency on whose behalf the fees were collected, or paid into |
| 24 | | the special fund designated in the law authorizing the |
| 25 | | organization to issue decals for Universal special license |
| 26 | | plates. All money in the designated fund shall be distributed |
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| 1 | | by the Secretary subject to appropriation by the General |
| 2 | | Assembly. |
| 3 | | (e) The following organizations may issue decals for |
| 4 | | Universal special license plates with the original and renewal |
| 5 | | fees and fee distribution as follows: |
| 6 | | (1) The Illinois Department of Natural Resources. |
| 7 | | (A) Original issuance: $25; with $10 to the |
| 8 | | Roadside Monarch Habitat Fund and $15 to the Secretary |
| 9 | | of State Special License Plate Fund. |
| 10 | | (B) Renewal: $25; with $23 to the Roadside Monarch |
| 11 | | Habitat Fund and $2 to the Secretary of State Special |
| 12 | | License Plate Fund. |
| 13 | | (2) Illinois Veterans' Homes. |
| 14 | | (A) Original issuance: $26, which shall be |
| 15 | | deposited into the Illinois Veterans' Homes Fund. |
| 16 | | (B) Renewal: $26, which shall be deposited into |
| 17 | | the Illinois Veterans' Homes Fund. |
| 18 | | (3) The Illinois Department of Human Services for |
| 19 | | volunteerism decals. |
| 20 | | (A) Original issuance: $25, which shall be |
| 21 | | deposited into the Secretary of State Special License |
| 22 | | Plate Fund. |
| 23 | | (B) Renewal: $25, which shall be deposited into |
| 24 | | the Secretary of State Special License Plate Fund. |
| 25 | | (4) The Illinois Department of Public Health. |
| 26 | | (A) Original issuance: $25; with $10 to the |
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| 1 | | Prostate Cancer Awareness Fund and $15 to the |
| 2 | | Secretary of State Special License Plate Fund. |
| 3 | | (B) Renewal: $25; with $23 to the Prostate Cancer |
| 4 | | Awareness Fund and $2 to the Secretary of State |
| 5 | | Special License Plate Fund. |
| 6 | | (5) Horsemen's Council of Illinois. |
| 7 | | (A) Original issuance: $25; with $10 to the |
| 8 | | Horsemen's Council of Illinois Fund and $15 to the |
| 9 | | Secretary of State Special License Plate Fund. |
| 10 | | (B) Renewal: $25; with $23 to the Horsemen's |
| 11 | | Council of Illinois Fund and $2 to the Secretary of |
| 12 | | State Special License Plate Fund. |
| 13 | | (6) K9s for Veterans, NFP. |
| 14 | | (A) Original issuance: $25; with $10 to the |
| 15 | | Post-Traumatic Stress Disorder Awareness Fund and $15 |
| 16 | | to the Secretary of State Special License Plate Fund. |
| 17 | | (B) Renewal: $25; with $23 to the Post-Traumatic |
| 18 | | Stress Disorder Awareness Fund and $2 to the Secretary |
| 19 | | of State Special License Plate Fund. |
| 20 | | (7) The International Association of Machinists and |
| 21 | | Aerospace Workers. |
| 22 | | (A) Original issuance: $35; with $20 to the Guide |
| 23 | | Dogs of America Fund and $15 to the Secretary of State |
| 24 | | Special License Plate Fund. |
| 25 | | (B) Renewal: $25; with $23 going to the Guide Dogs |
| 26 | | of America Fund and $2 to the Secretary of State |
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| 1 | | Special License Plate Fund. |
| 2 | | (8) Local Lodge 701 of the International Association |
| 3 | | of Machinists and Aerospace Workers. |
| 4 | | (A) Original issuance: $35; with $10 to the Guide |
| 5 | | Dogs of America Fund, $10 to the Mechanics Training |
| 6 | | Fund, and $15 to the Secretary of State Special |
| 7 | | License Plate Fund. |
| 8 | | (B) Renewal: $30; with $13 to the Guide Dogs of |
| 9 | | America Fund, $15 to the Mechanics Training Fund, and |
| 10 | | $2 to the Secretary of State Special License Plate |
| 11 | | Fund. |
| 12 | | (9) Illinois Department of Human Services. |
| 13 | | (A) Original issuance: $25; with $10 to the |
| 14 | | Theresa Tracy Trot - Illinois CancerCare Foundation |
| 15 | | Fund and $15 to the Secretary of State Special License |
| 16 | | Plate Fund. |
| 17 | | (B) Renewal: $25; with $23 to the Theresa Tracy |
| 18 | | Trot - Illinois CancerCare Foundation Fund and $2 to |
| 19 | | the Secretary of State Special License Plate Fund. |
| 20 | | (10) The Illinois Department of Human Services for |
| 21 | | developmental disabilities awareness decals. |
| 22 | | (A) Original issuance: $25; with $10 to the |
| 23 | | Developmental Disabilities Awareness Fund and $15 to |
| 24 | | the Secretary of State Special License Plate Fund. |
| 25 | | (B) Renewal: $25; with $23 to the Developmental |
| 26 | | Disabilities Awareness Fund and $2 to the Secretary of |
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| 1 | | State Special License Plate Fund. |
| 2 | | (11) The Illinois Department of Human Services for |
| 3 | | pediatric cancer awareness decals. |
| 4 | | (A) Original issuance: $25; with $10 to the |
| 5 | | Pediatric Cancer Awareness Fund and $15 to the |
| 6 | | Secretary of State Special License Plate Fund. |
| 7 | | (B) Renewal: $25; with $23 to the Pediatric Cancer |
| 8 | | Awareness Fund and $2 to the Secretary of State |
| 9 | | Special License Plate Fund. |
| 10 | | (12) The Department of Veterans Veterans' Affairs for |
| 11 | | Fold of Honor decals. |
| 12 | | (A) Original issuance: $25; with $10 to the Folds |
| 13 | | of Honor Foundation Fund and $15 to the Secretary of |
| 14 | | State Special License Plate Fund. |
| 15 | | (B) Renewal: $25; with $23 to the Folds of Honor |
| 16 | | Foundation Fund and $2 to the Secretary of State |
| 17 | | Special License Plate Fund. |
| 18 | | (13) The Illinois chapters of the Experimental |
| 19 | | Aircraft Association for aviation enthusiast decals. |
| 20 | | (A) Original issuance: $25; with $10 to the |
| 21 | | Experimental Aircraft Association Fund and $15 to the |
| 22 | | Secretary of State Special License Plate Fund. |
| 23 | | (B) Renewal: $25; with $23 to the Experimental |
| 24 | | Aircraft Association Fund and $2 to the Secretary of |
| 25 | | State Special License Plate Fund. |
| 26 | | (14) The Illinois Department of Human Services for |
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| 1 | | Child Abuse Council of the Quad Cities decals. |
| 2 | | (A) Original issuance: $25; with $10 to the Child |
| 3 | | Abuse Council of the Quad Cities Fund and $15 to the |
| 4 | | Secretary of State Special License Plate Fund. |
| 5 | | (B) Renewal: $25; with $23 to the Child Abuse |
| 6 | | Council of the Quad Cities Fund and $2 to the Secretary |
| 7 | | of State Special License Plate Fund. |
| 8 | | (15) The Illinois Department of Public Health for |
| 9 | | health care worker decals. |
| 10 | | (A) Original issuance: $25; with $10 to the |
| 11 | | Illinois Health Care Workers Benefit Fund, and $15 to |
| 12 | | the Secretary of State Special License Plate Fund. |
| 13 | | (B) Renewal: $25; with $23 to the Illinois Health |
| 14 | | Care Workers Benefit Fund and $2 to the Secretary of |
| 15 | | State Special License Plate Fund. |
| 16 | | (16) The Department of Agriculture for Future Farmers |
| 17 | | of America decals. |
| 18 | | (A) Original issuance: $25; with $10 to the Future |
| 19 | | Farmers of America Fund and $15 to the Secretary of |
| 20 | | State Special License Plate Fund. |
| 21 | | (B) Renewal: $25; with $23 to the Future Farmers |
| 22 | | of America Fund and $2 to the Secretary of State |
| 23 | | Special License Plate Fund. |
| 24 | | (17) The Illinois Department of Public Health for |
| 25 | | autism awareness decals that are designed with input from |
| 26 | | autism advocacy organizations. |
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| 1 | | (A) Original issuance: $25; with $10 to the Autism |
| 2 | | Awareness Fund and $15 to the Secretary of State |
| 3 | | Special License Plate Fund. |
| 4 | | (B) Renewal: $25; with $23 to the Autism Awareness |
| 5 | | Fund and $2 to the Secretary of State Special License |
| 6 | | Plate Fund. |
| 7 | | (18) The Department of Natural Resources for Lyme |
| 8 | | disease research decals. |
| 9 | | (A) Original issuance: $25; with $10 to the Tick |
| 10 | | Research, Education, and Evaluation Fund and $15 to |
| 11 | | the Secretary of State Special License Plate Fund. |
| 12 | | (B) Renewal: $25; with $23 to the Tick Research, |
| 13 | | Education, and Evaluation Fund and $2 to the Secretary |
| 14 | | of State Special License Plate Fund. |
| 15 | | (19) The IBEW Thank a Line Worker decal. |
| 16 | | (A) Original issuance: $15, which shall be |
| 17 | | deposited into the Secretary of State Special License |
| 18 | | Plate Fund. |
| 19 | | (B) Renewal: $2, which shall be deposited into the |
| 20 | | Secretary of State Special License Plate Fund. |
| 21 | | (20) An Illinois chapter of the Navy Club for Navy |
| 22 | | Club decals. |
| 23 | | (A) Original issuance: $5; which shall be |
| 24 | | deposited into the Navy Club Fund. |
| 25 | | (B) Renewal: $18; which shall be deposited into |
| 26 | | the Navy Club Fund. |
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| 1 | | (21) (20) An Illinois chapter of the International |
| 2 | | Brotherhood of Electrical Workers for International |
| 3 | | Brotherhood of Electrical Workers decal. |
| 4 | | (A) Original issuance: $25; with $10 to the |
| 5 | | International Brotherhood of Electrical Workers Fund |
| 6 | | and $15 to the Secretary of State Special License |
| 7 | | Plate Fund. |
| 8 | | (B) Renewal: $25; with $23 to the International |
| 9 | | Brotherhood of Electrical Workers Fund and $2 to the |
| 10 | | Secretary of State Special License Plate Fund. |
| 11 | | (22) (20) The 100 Club of Illinois decal. |
| 12 | | (A) Original issuance: $45; with $30 to the 100 |
| 13 | | Club of Illinois Fund and $15 to the Secretary of State |
| 14 | | Special License Plate Fund. |
| 15 | | (B) Renewal: $27; with $25 to the 100 Club of |
| 16 | | Illinois Fund and $2 to the Secretary of State Special |
| 17 | | License Plate Fund. |
| 18 | | (23) (20) The Illinois USTA/Midwest Youth Tennis |
| 19 | | Foundation decal. |
| 20 | | (A) Original issuance: $40; with $25 to the |
| 21 | | Illinois USTA/Midwest Youth Tennis Foundation Fund and |
| 22 | | $15 to the Secretary of State Special License Plate |
| 23 | | Fund. |
| 24 | | (B) Renewal: $40; with $38 to the Illinois |
| 25 | | USTA/Midwest Youth Tennis Foundation Fund and $2 to |
| 26 | | the Secretary of State Special License Plate Fund. |
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| 1 | | (24) (20) The Sons of the American Legion decal. |
| 2 | | (A) Original issuance: $25; with $10 to the Sons |
| 3 | | of the American Legion Fund and $15 to the Secretary of |
| 4 | | State Special License Plate Fund. |
| 5 | | (B) Renewal: $25; with $23 to the Sons of the |
| 6 | | American Legion Fund and $2 to the Secretary of State |
| 7 | | Special License Plate Fund. |
| 8 | | (f) The following funds are created as special funds in |
| 9 | | the State treasury: |
| 10 | | (1) The Roadside Monarch Habitat Fund. All money in |
| 11 | | the Roadside Monarch Habitat Fund shall be paid as grants |
| 12 | | to the Illinois Department of Natural Resources to fund |
| 13 | | roadside monarch and other pollinator habitat development, |
| 14 | | enhancement, and restoration projects in this State. |
| 15 | | (2) The Prostate Cancer Awareness Fund. All money in |
| 16 | | the Prostate Cancer Awareness Fund shall be paid as grants |
| 17 | | to the Prostate Cancer Foundation of Chicago. |
| 18 | | (3) The Horsemen's Council of Illinois Fund. All money |
| 19 | | in the Horsemen's Council of Illinois Fund shall be paid |
| 20 | | as grants to the Horsemen's Council of Illinois. |
| 21 | | (4) The Post-Traumatic Stress Disorder Awareness Fund. |
| 22 | | All money in the Post-Traumatic Stress Disorder Awareness |
| 23 | | Fund shall be paid as grants to K9s for Veterans, NFP for |
| 24 | | support, education, and awareness of veterans with |
| 25 | | post-traumatic stress disorder. |
| 26 | | (5) The Guide Dogs of America Fund. All money in the |
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| 1 | | Guide Dogs of America Fund shall be paid as grants to the |
| 2 | | International Guiding Eyes, Inc., doing business as Guide |
| 3 | | Dogs of America. |
| 4 | | (6) The Mechanics Training Fund. All money in the |
| 5 | | Mechanics Training Fund shall be paid as grants to the |
| 6 | | Mechanics Local 701 Training Fund. |
| 7 | | (7) The Theresa Tracy Trot - Illinois CancerCare |
| 8 | | Foundation Fund. All money in the Theresa Tracy Trot - |
| 9 | | Illinois CancerCare Foundation Fund shall be paid to the |
| 10 | | Illinois CancerCare Foundation for the purpose of |
| 11 | | furthering pancreatic cancer research. |
| 12 | | (8) The Developmental Disabilities Awareness Fund. All |
| 13 | | money in the Developmental Disabilities Awareness Fund |
| 14 | | shall be paid as grants to the Illinois Department of |
| 15 | | Human Services to fund legal aid groups to assist with |
| 16 | | guardianship fees for private citizens willing to become |
| 17 | | guardians for individuals with developmental disabilities |
| 18 | | but who are unable to pay the legal fees associated with |
| 19 | | becoming a guardian. |
| 20 | | (9) The Pediatric Cancer Awareness Fund. All money in |
| 21 | | the Pediatric Cancer Awareness Fund shall be paid as |
| 22 | | grants to the Cancer Center at Illinois for pediatric |
| 23 | | cancer treatment and research. |
| 24 | | (10) The Folds of Honor Foundation Fund. All money in |
| 25 | | the Folds of Honor Foundation Fund shall be paid as grants |
| 26 | | to the Folds of Honor Foundation to aid in providing |
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| 1 | | educational scholarships to military families. |
| 2 | | (11) The Experimental Aircraft Association Fund. All |
| 3 | | money in the Experimental Aircraft Association Fund shall |
| 4 | | be paid, subject to appropriation by the General Assembly |
| 5 | | and distribution by the Secretary, as grants to promote |
| 6 | | recreational aviation. |
| 7 | | (12) The Child Abuse Council of the Quad Cities Fund. |
| 8 | | All money in the Child Abuse Council of the Quad Cities |
| 9 | | Fund shall be paid as grants to benefit the Child Abuse |
| 10 | | Council of the Quad Cities. |
| 11 | | (13) The Illinois Health Care Workers Benefit Fund. |
| 12 | | All money in the Illinois Health Care Workers Benefit Fund |
| 13 | | shall be paid as grants to the Trinity Health Foundation |
| 14 | | for the benefit of health care workers, doctors, nurses, |
| 15 | | and others who work in the health care industry in this |
| 16 | | State. |
| 17 | | (14) The Future Farmers of America Fund. All money in |
| 18 | | the Future Farmers of America Fund shall be paid as grants |
| 19 | | to the Illinois Association of Future Farmers of America. |
| 20 | | (15) The Tick Research, Education, and Evaluation |
| 21 | | Fund. All money in the Tick Research, Education, and |
| 22 | | Evaluation Fund shall be paid as grants to the Illinois |
| 23 | | Lyme Association. |
| 24 | | (16) The Navy Club Fund. All money in the Navy Club |
| 25 | | Fund shall be paid as grants to any local chapter of the |
| 26 | | Navy Club that is located in this State. |
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| 1 | | (17) (16) The International Brotherhood of Electrical |
| 2 | | Workers Fund. All money in the International Brotherhood |
| 3 | | of Electrical Workers Fund shall be paid as grants to any |
| 4 | | local chapter of the International Brotherhood of |
| 5 | | Electrical Workers that is located in this State. |
| 6 | | (18) (16) The 100 Club of Illinois Fund. All money in |
| 7 | | the 100 Club of Illinois Fund shall be paid as grants to |
| 8 | | the 100 Club of Illinois for the purpose of giving |
| 9 | | financial support to children and spouses of first |
| 10 | | responders killed in the line of duty and mental health |
| 11 | | resources for active duty first responders. |
| 12 | | (19) (16) The Illinois USTA/Midwest Youth Tennis |
| 13 | | Foundation Fund. All money in the Illinois USTA/Midwest |
| 14 | | Youth Tennis Foundation Fund shall be paid as grants to |
| 15 | | Illinois USTA/Midwest Youth Tennis Foundation to aid |
| 16 | | USTA/Midwest districts in the State with exposing youth to |
| 17 | | the game of tennis. |
| 18 | | (20) (16) The Sons of the American Legion Fund. All |
| 19 | | money in the Sons of the American Legion Fund shall be paid |
| 20 | | as grants to the Illinois Detachment of the Sons of the |
| 21 | | American Legion. |
| 22 | | (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; |
| 23 | | 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. |
| 24 | | 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, |
| 25 | | eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; |
| 26 | | 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. |
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| 1 | | 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, |
| 2 | | eff. 1-1-25; revised 11-26-24.) |
| 3 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) |
| 4 | | Sec. 6-106. Application for license or instruction permit. |
| 5 | | (a) Every application for any permit or license authorized |
| 6 | | to be issued under this Code shall be made upon a form |
| 7 | | furnished by the Secretary of State. Every application shall |
| 8 | | be accompanied by the proper fee and payment of such fee shall |
| 9 | | entitle the applicant to not more than 3 attempts to pass the |
| 10 | | examination within a period of one year after the date of |
| 11 | | application. |
| 12 | | (b) Every application shall state the legal name, zip |
| 13 | | code, date of birth, sex, and residence address of the |
| 14 | | applicant; briefly describe the applicant; state whether the |
| 15 | | applicant has theretofore been licensed as a driver, and, if |
| 16 | | so, when and by what state or country, and whether any such |
| 17 | | license has ever been cancelled, suspended, revoked or |
| 18 | | refused, and, if so, the date and reason for such |
| 19 | | cancellation, suspension, revocation or refusal; shall include |
| 20 | | an affirmation by the applicant that all information set forth |
| 21 | | is true and correct; and shall bear the applicant's signature. |
| 22 | | In addition to the residence address, the Secretary may allow |
| 23 | | the applicant to provide a mailing address. In the case of an |
| 24 | | applicant who is a judicial officer or peace officer, the |
| 25 | | Secretary may allow the applicant to provide an office or work |
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| 1 | | address in lieu of a residence or mailing address. The |
| 2 | | application form may also require the statement of such |
| 3 | | additional relevant information as the Secretary of State |
| 4 | | shall deem necessary to determine the applicant's competency |
| 5 | | and eligibility. The Secretary of State may, in his |
| 6 | | discretion, by rule or regulation, provide that an application |
| 7 | | for a drivers license or permit may include a suitable |
| 8 | | photograph of the applicant in the form prescribed by the |
| 9 | | Secretary, and he may further provide that each drivers |
| 10 | | license shall include a photograph of the driver. The |
| 11 | | Secretary of State may utilize a photograph process or system |
| 12 | | most suitable to deter alteration or improper reproduction of |
| 13 | | a drivers license and to prevent substitution of another photo |
| 14 | | thereon. For the purposes of this subsection (b), "peace |
| 15 | | officer" means any person who by virtue of his or her office or |
| 16 | | public employment is vested by law with a duty to maintain |
| 17 | | public order or to make arrests for a violation of any penal |
| 18 | | statute of this State, whether that duty extends to all |
| 19 | | violations or is limited to specific violations. |
| 20 | | (b-1) Every application shall state the social security |
| 21 | | number of the applicant; except if the applicant is applying |
| 22 | | for a standard driver's license and, on the date of |
| 23 | | application, is ineligible for a social security number, then: |
| 24 | | (1) if the applicant has documentation, issued by the |
| 25 | | United States Department of Homeland Security, authorizing |
| 26 | | the applicant's presence in this country, the applicant |
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| 1 | | shall provide such documentation instead of a social |
| 2 | | security number; and |
| 3 | | (2) if the applicant does not have documentation |
| 4 | | described in paragraph (1), the applicant shall provide, |
| 5 | | instead of a social security number, the following: |
| 6 | | (A) documentation establishing that the applicant |
| 7 | | has resided in this State for a period in excess of one |
| 8 | | year; |
| 9 | | (B) a passport validly issued to the applicant |
| 10 | | from the applicant's country of citizenship or a |
| 11 | | consular identification document validly issued to the |
| 12 | | applicant by a consulate of that country as defined in |
| 13 | | Section 5 of the Consular Identification Document Act, |
| 14 | | as long as such documents are either unexpired or |
| 15 | | presented by an applicant within 2 years of its |
| 16 | | expiration date; and |
| 17 | | (C) a social security card, if the applicant has a |
| 18 | | social security number. |
| 19 | | (b-3) Upon the first issuance of a request for proposals |
| 20 | | for a digital driver's license and identification card |
| 21 | | issuance and facial recognition system issued after January 1, |
| 22 | | 2020 (the effective date of Public Act 101-513), and upon |
| 23 | | implementation of a new or revised system procured pursuant to |
| 24 | | that request for proposals, the Secretary shall permit |
| 25 | | applicants to choose between "male", "female" or "non-binary" |
| 26 | | when designating the applicant's sex on the driver's license |
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| 1 | | application form. The sex designated by the applicant shall be |
| 2 | | displayed on the driver's license issued to the applicant. |
| 3 | | (b-5) Every applicant for a REAL ID compliant driver's |
| 4 | | license or permit shall provide proof of lawful status in the |
| 5 | | United States as defined in 6 CFR 37.3, as amended. |
| 6 | | (c) The application form shall include a notice to the |
| 7 | | applicant of the registration obligations of sex offenders |
| 8 | | under the Sex Offender Registration Act. The notice shall be |
| 9 | | provided in a form and manner prescribed by the Secretary of |
| 10 | | State. For purposes of this subsection (c), "sex offender" has |
| 11 | | the meaning ascribed to it in Section 2 of the Sex Offender |
| 12 | | Registration Act. |
| 13 | | (d) Any male United States citizen or immigrant who |
| 14 | | applies for any permit or license authorized to be issued |
| 15 | | under this Code or for a renewal of any permit or license, and |
| 16 | | who is at least 18 years of age but less than 26 years of age, |
| 17 | | must be registered in compliance with the requirements of the |
| 18 | | federal Military Selective Service Act. The Secretary of State |
| 19 | | must forward in an electronic format the necessary personal |
| 20 | | information regarding the applicants identified in this |
| 21 | | subsection (d) to the Selective Service System. The |
| 22 | | applicant's signature on the application serves as an |
| 23 | | indication that the applicant either has already registered |
| 24 | | with the Selective Service System or that he is authorizing |
| 25 | | the Secretary to forward to the Selective Service System the |
| 26 | | necessary information for registration. The Secretary must |
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| 1 | | notify the applicant at the time of application that his |
| 2 | | signature constitutes consent to registration with the |
| 3 | | Selective Service System, if he is not already registered. |
| 4 | | (e) Beginning on or before July 1, 2015, for each original |
| 5 | | or renewal driver's license application under this Code, the |
| 6 | | Secretary shall inquire as to whether the applicant is a |
| 7 | | veteran for purposes of issuing a driver's license with a |
| 8 | | veteran designation under subsection (e-5) of Section 6-110 of |
| 9 | | this Code. The acceptable forms of proof shall include, but |
| 10 | | are not limited to, Department of Defense form DD-214, |
| 11 | | Department of Defense form DD-256 for applicants who did not |
| 12 | | receive a form DD-214 upon the completion of initial basic |
| 13 | | training, Department of Defense form DD-2 (Retired), an |
| 14 | | identification card issued under the federal Veterans |
| 15 | | Identification Card Act of 2015, or a United States Department |
| 16 | | of Veterans Affairs summary of benefits letter. If the |
| 17 | | document cannot be stamped, the Illinois Department of |
| 18 | | Veterans Veterans' Affairs shall provide a certificate to the |
| 19 | | veteran to provide to the Secretary of State. The Illinois |
| 20 | | Department of Veterans Veterans' Affairs shall advise the |
| 21 | | Secretary as to what other forms of proof of a person's status |
| 22 | | as a veteran are acceptable. |
| 23 | | For each applicant who is issued a driver's license with a |
| 24 | | veteran designation, the Secretary shall provide the |
| 25 | | Department of Veterans Veterans' Affairs with the applicant's |
| 26 | | name, address, date of birth, gender and such other |
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| 1 | | demographic information as agreed to by the Secretary and the |
| 2 | | Department. The Department may take steps necessary to confirm |
| 3 | | the applicant is a veteran. If after due diligence, including |
| 4 | | writing to the applicant at the address provided by the |
| 5 | | Secretary, the Department is unable to verify the applicant's |
| 6 | | veteran status, the Department shall inform the Secretary, who |
| 7 | | shall notify the applicant that he or she must confirm status |
| 8 | | as a veteran, or the driver's license will be cancelled. |
| 9 | | For purposes of this subsection (e): |
| 10 | | "Armed forces" means any of the Armed Forces of the United |
| 11 | | States, including a member of any reserve component or |
| 12 | | National Guard unit. |
| 13 | | "Veteran" means a person who has served in the armed |
| 14 | | forces and was discharged or separated under honorable |
| 15 | | conditions. |
| 16 | | (f) An applicant who is eligible for Gold Star license |
| 17 | | plates under Section 3-664 of this Code may apply for an |
| 18 | | original or renewal driver's license with space for a |
| 19 | | designation as a Gold Star Family. The Secretary may waive any |
| 20 | | fee for this application. If the Secretary does not waive the |
| 21 | | fee, any fee charged to the applicant must be deposited into |
| 22 | | the Illinois Veterans Assistance Fund. The Secretary is |
| 23 | | authorized to issue rules to implement this subsection. |
| 24 | | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; |
| 25 | | 103-933, eff. 1-1-25.) |
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| 1 | | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2) |
| 2 | | Sec. 11-1301.2. Special decals for parking; persons with |
| 3 | | disabilities. |
| 4 | | (a) The Secretary of State shall provide for, by |
| 5 | | administrative rules, the design, size, color, and placement |
| 6 | | of a person with disabilities motorist decal or device and |
| 7 | | shall provide for, by administrative rules, the content and |
| 8 | | form of an application for a person with disabilities motorist |
| 9 | | decal or device, which shall be used by local authorities in |
| 10 | | the issuance thereof to a person with temporary disabilities, |
| 11 | | provided that the decal or device is valid for no more than 90 |
| 12 | | days, subject to renewal for like periods based upon continued |
| 13 | | disability, and further provided that the decal or device |
| 14 | | clearly sets forth the date that the decal or device expires. |
| 15 | | The application shall include the requirement of an Illinois |
| 16 | | Identification Card number or a State of Illinois driver's |
| 17 | | license number or, if the applicant does not have an |
| 18 | | identification card or driver's license number, then the |
| 19 | | applicant may use a valid identification number issued by a |
| 20 | | branch of the U.S. military or a federally issued Medicare or |
| 21 | | Medicaid identification number. This decal or device may be |
| 22 | | used by the authorized holder to designate and identify a |
| 23 | | vehicle not owned or displaying a registration plate or |
| 24 | | digital registration plate as provided in Sections 3-609 and |
| 25 | | 3-616 of this Act to designate when the vehicle is being used |
| 26 | | to transport said person or persons with disabilities, and |
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| 1 | | thus is entitled to enjoy all the privileges that would be |
| 2 | | afforded a person with disabilities licensed vehicle. Person |
| 3 | | with disabilities decals or devices issued and displayed |
| 4 | | pursuant to this Section shall be recognized and honored by |
| 5 | | all local authorities regardless of which local authority |
| 6 | | issued such decal or device. |
| 7 | | The decal or device shall be issued only upon a showing by |
| 8 | | adequate documentation that the person for whose benefit the |
| 9 | | decal or device is to be used has a disability as defined in |
| 10 | | Section 1-159.1 of this Code and the disability is temporary. |
| 11 | | (a-5) The Secretary may provide a disabilities motorist |
| 12 | | decal or device to an expectant mother during her third |
| 13 | | trimester. An application under this subsection is subject to |
| 14 | | application requirements under subsection (a). The decal or |
| 15 | | device shall be valid for no more than 90 days, and shall |
| 16 | | clearly set forth the date that the decal or device expires. |
| 17 | | The decal or device shall be issued only upon a showing by |
| 18 | | adequate documentation that the expectant mother has entered |
| 19 | | her third trimester. |
| 20 | | (b) The local governing authorities shall be responsible |
| 21 | | for the provision of such decal or device, its issuance and |
| 22 | | designated placement within the vehicle. The cost of such |
| 23 | | decal or device shall be at the discretion of such local |
| 24 | | governing authority. |
| 25 | | (c) The Secretary of State may, pursuant to Section |
| 26 | | 3-616(c), issue a person with disabilities parking decal or |
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| 1 | | device to a person with disabilities as defined by Section |
| 2 | | 1-159.1. Any person with disabilities parking decal or device |
| 3 | | issued by the Secretary of State shall be registered to that |
| 4 | | person with disabilities in the form to be prescribed by the |
| 5 | | Secretary of State. The person with disabilities parking decal |
| 6 | | or device shall not display that person's address. One |
| 7 | | additional decal or device may be issued to an applicant upon |
| 8 | | his or her written request and with the approval of the |
| 9 | | Secretary of State. The written request must include a |
| 10 | | justification of the need for the additional decal or device. |
| 11 | | (c-5) Beginning January 1, 2014, the Secretary shall |
| 12 | | provide by administrative rule for the issuance of a separate |
| 13 | | and distinct parking decal or device for persons with |
| 14 | | disabilities as defined by Section 1-159.1 of this Code and |
| 15 | | who meet the qualifications under this subsection. The |
| 16 | | authorized holder of a decal or device issued under this |
| 17 | | subsection (c-5) shall be exempt from the payment of fees |
| 18 | | generated by parking in a metered space, a parking area |
| 19 | | subject to paragraph (10) of subsection (a) of Section 11-209 |
| 20 | | of this Code, or a publicly owned parking area. |
| 21 | | The Secretary shall issue a meter-exempt decal or device |
| 22 | | to a person with disabilities who: (i) has been issued |
| 23 | | registration plates or digital registration plates under |
| 24 | | subsection (a) of Section 3-609 or Section 3-616 of this Code |
| 25 | | or a special decal or device under this Section, (ii) holds a |
| 26 | | valid Illinois driver's license, and (iii) is unable to do one |
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| 1 | | or more of the following: |
| 2 | | (1) manage, manipulate, or insert coins, or obtain |
| 3 | | tickets or tokens in parking meters or ticket machines in |
| 4 | | parking lots, due to the lack of fine motor control of both |
| 5 | | hands; |
| 6 | | (2) reach above his or her head to a height of 42 |
| 7 | | inches from the ground, due to a lack of finger, hand, or |
| 8 | | upper extremity strength or mobility; |
| 9 | | (3) approach a parking meter due to his or her use of a |
| 10 | | wheelchair or other device for mobility; or |
| 11 | | (4) walk more than 20 feet due to an orthopedic, |
| 12 | | neurological, cardiovascular, or lung condition in which |
| 13 | | the degree of debilitation is so severe that it almost |
| 14 | | completely impedes the ability to walk. |
| 15 | | The application for a meter-exempt parking decal or device |
| 16 | | shall contain a statement certified by a licensed physician, |
| 17 | | physician assistant, or advanced practice registered nurse |
| 18 | | attesting to the permanent nature of the applicant's condition |
| 19 | | and verifying that the applicant meets the physical |
| 20 | | qualifications specified in this subsection (c-5). |
| 21 | | Notwithstanding the requirements of this subsection (c-5), |
| 22 | | the Secretary shall issue a meter-exempt decal or device to a |
| 23 | | person who has been issued registration plates or digital |
| 24 | | registration plates under Section 3-616 of this Code or a |
| 25 | | special decal or device under this Section, if the applicant |
| 26 | | is the parent or guardian of a person with disabilities who is |
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| 1 | | under 18 years of age and incapable of driving. |
| 2 | | (d) Replacement decals or devices may be issued for lost, |
| 3 | | stolen, or destroyed decals upon application and payment of a |
| 4 | | $10 fee. The replacement fee may be waived for individuals |
| 5 | | that have claimed and received a grant under the Senior |
| 6 | | Citizens and Persons with Disabilities Property Tax Relief |
| 7 | | Act. |
| 8 | | (e) A person classified as a veteran under subsection (e) |
| 9 | | of Section 6-106 of this Code that has been issued a decal or |
| 10 | | device under this Section shall not be required to submit |
| 11 | | evidence of disability in order to renew that decal or device |
| 12 | | if, at the time of initial application, he or she submitted |
| 13 | | evidence from his or her physician or the Department of |
| 14 | | Veterans Veterans' Affairs that the disability is of a |
| 15 | | permanent nature. However, the Secretary shall take reasonable |
| 16 | | steps to ensure the veteran still resides in this State at the |
| 17 | | time of the renewal. These steps may include requiring the |
| 18 | | veteran to provide additional documentation or to appear at a |
| 19 | | Secretary of State facility. To identify veterans who are |
| 20 | | eligible for this exemption, the Secretary shall compare the |
| 21 | | list of the persons who have been issued a decal or device to |
| 22 | | the list of persons who have been issued a vehicle |
| 23 | | registration plate or digital registration plate for veterans |
| 24 | | with disabilities under Section 3-609 of this Code, or who are |
| 25 | | identified as a veteran on their driver's license under |
| 26 | | Section 6-110 of this Code or on their identification card |
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| 1 | | under Section 4 of the Illinois Identification Card Act. |
| 2 | | (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.) |
| 3 | | Section 440. The Access to Justice Act is amended by |
| 4 | | changing Section 7 as follows: |
| 5 | | (705 ILCS 95/7) |
| 6 | | Sec. 7. Definitions. As used in this Act: |
| 7 | | (a) "Foundation" means the Illinois Equal Justice |
| 8 | | Foundation, a not-for-profit corporation created by the |
| 9 | | Illinois State Bar Association and the Chicago Bar Association |
| 10 | | and recognized under the Illinois Equal Justice Act. |
| 11 | | (b) "Illinois Access to Civil Justice Council" or |
| 12 | | "Council" means a special advisory body created by the |
| 13 | | Foundation. The Council consists of 7 members, appointed as |
| 14 | | follows: one by the Lawyers Trust Fund of Illinois, one by the |
| 15 | | Chicago Bar Foundation, one by the Illinois Bar Foundation, |
| 16 | | one by the Illinois Department of Veterans Veterans' Affairs, |
| 17 | | one by the Illinois Attorney General, and 2 by the Foundation |
| 18 | | or any successor entities or agencies as designated by the |
| 19 | | Council. |
| 20 | | (Source: P.A. 99-281, eff. 8-5-15.) |
| 21 | | Section 445. The Court of Claims Act is amended by |
| 22 | | changing Section 9.5 as follows: |
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| 1 | | (705 ILCS 505/9.5) |
| 2 | | Sec. 9.5. Gold Star and Fallen Heroes Families Assistance |
| 3 | | Program. |
| 4 | | (a) Within the Court of Claims, there is established a |
| 5 | | Gold Star and Fallen Heroes Families Assistance Program, which |
| 6 | | is charged with the responsibility of assessing the needs of |
| 7 | | and providing information to Illinois Gold Star and Fallen |
| 8 | | Heroes Families with regard to claims filed pursuant to the |
| 9 | | Line of Duty Compensation Act. |
| 10 | | (b) As used in this Section, "Gold Star and Fallen Heroes |
| 11 | | Family" means the family members of an individual who was |
| 12 | | killed in the line of duty and who was employed or serving in a |
| 13 | | capacity defined in Section 2 of the Illinois Line of Duty |
| 14 | | Compensation Act. |
| 15 | | (c) Toll-free helpline. The Gold Star and Fallen Heroes |
| 16 | | Families Assistance Program shall include a toll-free helpline |
| 17 | | dedicated to families seeking information about the Line of |
| 18 | | Duty Compensation Act, including, but not limited to, the |
| 19 | | status of claims filed pursuant to that Act. The helpline |
| 20 | | phone number and information about the Gold Star and Fallen |
| 21 | | Heroes Families Assistance Program shall be provided to each |
| 22 | | person filing a claim under the Line of Duty Compensation Act. |
| 23 | | (d) On or before January 1 of each year, the Court of |
| 24 | | Claims shall report to the Governor, both houses of the |
| 25 | | General Assembly, and the Illinois Department of Veterans |
| 26 | | Veterans' Affairs the following information: |
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| 1 | | (1) the number of claims filed with the Court of |
| 2 | | Claims pursuant to the Line of Duty Compensation Act; |
| 3 | | (2) the number of Line of Duty Compensation Act claims |
| 4 | | approved for payment by the Court of Claims during the |
| 5 | | preceding calendar year; |
| 6 | | (3) the number and status of Line of Duty Compensation |
| 7 | | Act claims pending in the Court of Claims; and |
| 8 | | (4) other information as may be requested by the |
| 9 | | Governor. |
| 10 | | (Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; |
| 11 | | 96-1000, eff. 7-2-10.) |
| 12 | | Section 455. The Unified Code of Corrections is amended by |
| 13 | | changing Sections 3-12-6 and 5-4-1 as follows: |
| 14 | | (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6) |
| 15 | | Sec. 3-12-6. Programs. Through its Illinois Correctional |
| 16 | | Industries division, the Department may establish commercial, |
| 17 | | business, and manufacturing programs for the production of |
| 18 | | finished goods and processed food and beverages to the State, |
| 19 | | its political units, agencies, and other public institutions. |
| 20 | | Illinois Correctional Industries may establish, operate, and |
| 21 | | maintain manufacturing and food and beverage production in the |
| 22 | | Department facilities and provide food for the Department |
| 23 | | institutions and for the mental health and developmental |
| 24 | | disabilities institutions of the Department of Human Services |
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| 1 | | and the institutions of the Department of Veterans Veterans' |
| 2 | | Affairs. |
| 3 | | Illinois Correctional Industries shall be administered by |
| 4 | | a chief executive officer. The chief executive officer shall |
| 5 | | report to the Director of the Department or the Director's |
| 6 | | designee. The chief executive officer shall administer the |
| 7 | | commercial and business programs of ICI for inmate workers in |
| 8 | | the custody of the Department of Corrections. |
| 9 | | The chief executive officer shall have such assistants as |
| 10 | | are required for programming, manufacturing, budget, and |
| 11 | | personnel as necessary to run its programs. |
| 12 | | Illinois Correctional Industries shall be located in |
| 13 | | Springfield. The chief executive officer of Illinois |
| 14 | | Correctional Industries shall assign personnel to teach the |
| 15 | | production of goods and shall employ committed persons |
| 16 | | assigned by the facility chief administrative officer. The |
| 17 | | Department of Corrections may direct such other vocational |
| 18 | | programs as it deems necessary for the rehabilitation of |
| 19 | | inmates, which shall be separate and apart from, and not in |
| 20 | | conflict with, programs of Illinois Correctional Industries. |
| 21 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
| 22 | | 103-8, eff. 6-7-23.) |
| 23 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) |
| 24 | | Sec. 5-4-1. Sentencing hearing. |
| 25 | | (a) After a determination of guilt, a hearing shall be |
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| 1 | | held to impose the sentence. However, prior to the imposition |
| 2 | | of sentence on an individual being sentenced for an offense |
| 3 | | based upon a charge for a violation of Section 11-501 of the |
| 4 | | Illinois Vehicle Code or a similar provision of a local |
| 5 | | ordinance, the individual must undergo a professional |
| 6 | | evaluation to determine if an alcohol or other drug abuse |
| 7 | | problem exists and the extent of such a problem. Programs |
| 8 | | conducting these evaluations shall be licensed by the |
| 9 | | Department of Human Services. However, if the individual is |
| 10 | | not a resident of Illinois, the court may, in its discretion, |
| 11 | | accept an evaluation from a program in the state of such |
| 12 | | individual's residence. The court shall make a specific |
| 13 | | finding about whether the defendant is eligible for |
| 14 | | participation in a Department impact incarceration program as |
| 15 | | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an |
| 16 | | explanation as to why a sentence to impact incarceration is |
| 17 | | not an appropriate sentence. The court may in its sentencing |
| 18 | | order recommend a defendant for placement in a Department of |
| 19 | | Corrections substance abuse treatment program as provided in |
| 20 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
| 21 | | upon the defendant being accepted in a program by the |
| 22 | | Department of Corrections. At the hearing the court shall: |
| 23 | | (1) consider the evidence, if any, received upon the |
| 24 | | trial; |
| 25 | | (2) consider any presentence reports; |
| 26 | | (3) consider the financial impact of incarceration |
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| 1 | | based on the financial impact statement filed with the |
| 2 | | clerk of the court by the Department of Corrections; |
| 3 | | (4) consider evidence and information offered by the |
| 4 | | parties in aggravation and mitigation; |
| 5 | | (4.5) consider substance abuse treatment, eligibility |
| 6 | | screening, and an assessment, if any, of the defendant by |
| 7 | | an agent designated by the State of Illinois to provide |
| 8 | | assessment services for the Illinois courts; |
| 9 | | (5) hear arguments as to sentencing alternatives; |
| 10 | | (6) afford the defendant the opportunity to make a |
| 11 | | statement in his own behalf; |
| 12 | | (7) afford the victim of a violent crime or a |
| 13 | | violation of Section 11-501 of the Illinois Vehicle Code, |
| 14 | | or a similar provision of a local ordinance, the |
| 15 | | opportunity to present an oral or written statement, as |
| 16 | | guaranteed by Article I, Section 8.1 of the Illinois |
| 17 | | Constitution and provided in Section 6 of the Rights of |
| 18 | | Crime Victims and Witnesses Act. The court shall allow a |
| 19 | | victim to make an oral statement if the victim is present |
| 20 | | in the courtroom and requests to make an oral or written |
| 21 | | statement. An oral or written statement includes the |
| 22 | | victim or a representative of the victim reading the |
| 23 | | written statement. The court may allow persons impacted by |
| 24 | | the crime who are not victims under subsection (a) of |
| 25 | | Section 3 of the Rights of Crime Victims and Witnesses Act |
| 26 | | to present an oral or written statement. A victim and any |
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| 1 | | person making an oral statement shall not be put under |
| 2 | | oath or subject to cross-examination. All statements |
| 3 | | offered under this paragraph (7) shall become part of the |
| 4 | | record of the court. In this paragraph (7), "victim of a |
| 5 | | violent crime" means a person who is a victim of a violent |
| 6 | | crime for which the defendant has been convicted after a |
| 7 | | bench or jury trial or a person who is the victim of a |
| 8 | | violent crime with which the defendant was charged and the |
| 9 | | defendant has been convicted under a plea agreement of a |
| 10 | | crime that is not a violent crime as defined in subsection |
| 11 | | (c) of 3 of the Rights of Crime Victims and Witnesses Act; |
| 12 | | (7.5) afford a qualified person affected by: (i) a |
| 13 | | violation of Section 405, 405.1, 405.2, or 407 of the |
| 14 | | Illinois Controlled Substances Act or a violation of |
| 15 | | Section 55 or Section 65 of the Methamphetamine Control |
| 16 | | and Community Protection Act; or (ii) a Class 4 felony |
| 17 | | violation of Section 11-14, 11-14.3 except as described in |
| 18 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, |
| 19 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the |
| 20 | | Criminal Code of 2012, committed by the defendant the |
| 21 | | opportunity to make a statement concerning the impact on |
| 22 | | the qualified person and to offer evidence in aggravation |
| 23 | | or mitigation; provided that the statement and evidence |
| 24 | | offered in aggravation or mitigation shall first be |
| 25 | | prepared in writing in conjunction with the State's |
| 26 | | Attorney before it may be presented orally at the hearing. |
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| 1 | | Sworn testimony offered by the qualified person is subject |
| 2 | | to the defendant's right to cross-examine. All statements |
| 3 | | and evidence offered under this paragraph (7.5) shall |
| 4 | | become part of the record of the court. In this paragraph |
| 5 | | (7.5), "qualified person" means any person who: (i) lived |
| 6 | | or worked within the territorial jurisdiction where the |
| 7 | | offense took place when the offense took place; or (ii) is |
| 8 | | familiar with various public places within the territorial |
| 9 | | jurisdiction where the offense took place when the offense |
| 10 | | took place. "Qualified person" includes any peace officer |
| 11 | | or any member of any duly organized State, county, or |
| 12 | | municipal peace officer unit assigned to the territorial |
| 13 | | jurisdiction where the offense took place when the offense |
| 14 | | took place; |
| 15 | | (8) in cases of reckless homicide afford the victim's |
| 16 | | spouse, guardians, parents or other immediate family |
| 17 | | members an opportunity to make oral statements; |
| 18 | | (9) in cases involving a felony sex offense as defined |
| 19 | | under the Sex Offender Management Board Act, consider the |
| 20 | | results of the sex offender evaluation conducted pursuant |
| 21 | | to Section 5-3-2 of this Act; and |
| 22 | | (10) make a finding of whether a motor vehicle was |
| 23 | | used in the commission of the offense for which the |
| 24 | | defendant is being sentenced. |
| 25 | | (b) All sentences shall be imposed by the judge based upon |
| 26 | | his independent assessment of the elements specified above and |
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| 1 | | any agreement as to sentence reached by the parties. The judge |
| 2 | | who presided at the trial or the judge who accepted the plea of |
| 3 | | guilty shall impose the sentence unless he is no longer |
| 4 | | sitting as a judge in that court. Where the judge does not |
| 5 | | impose sentence at the same time on all defendants who are |
| 6 | | convicted as a result of being involved in the same offense, |
| 7 | | the defendant or the State's Attorney may advise the |
| 8 | | sentencing court of the disposition of any other defendants |
| 9 | | who have been sentenced. |
| 10 | | (b-1) In imposing a sentence of imprisonment or periodic |
| 11 | | imprisonment for a Class 3 or Class 4 felony for which a |
| 12 | | sentence of probation or conditional discharge is an available |
| 13 | | sentence, if the defendant has no prior sentence of probation |
| 14 | | or conditional discharge and no prior conviction for a violent |
| 15 | | crime, the defendant shall not be sentenced to imprisonment |
| 16 | | before review and consideration of a presentence report and |
| 17 | | determination and explanation of why the particular evidence, |
| 18 | | information, factor in aggravation, factual finding, or other |
| 19 | | reasons support a sentencing determination that one or more of |
| 20 | | the factors under subsection (a) of Section 5-6-1 of this Code |
| 21 | | apply and that probation or conditional discharge is not an |
| 22 | | appropriate sentence. |
| 23 | | (c) In imposing a sentence for a violent crime or for an |
| 24 | | offense of operating or being in physical control of a vehicle |
| 25 | | while under the influence of alcohol, any other drug or any |
| 26 | | combination thereof, or a similar provision of a local |
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| 1 | | ordinance, when such offense resulted in the personal injury |
| 2 | | to someone other than the defendant, the trial judge shall |
| 3 | | specify on the record the particular evidence, information, |
| 4 | | factors in mitigation and aggravation or other reasons that |
| 5 | | led to his sentencing determination. The full verbatim record |
| 6 | | of the sentencing hearing shall be filed with the clerk of the |
| 7 | | court and shall be a public record. |
| 8 | | (c-1) In imposing a sentence for the offense of aggravated |
| 9 | | kidnapping for ransom, home invasion, armed robbery, |
| 10 | | aggravated vehicular hijacking, aggravated discharge of a |
| 11 | | firearm, or armed violence with a category I weapon or |
| 12 | | category II weapon, the trial judge shall make a finding as to |
| 13 | | whether the conduct leading to conviction for the offense |
| 14 | | resulted in great bodily harm to a victim, and shall enter that |
| 15 | | finding and the basis for that finding in the record. |
| 16 | | (c-1.5) Notwithstanding any other provision of law to the |
| 17 | | contrary, in imposing a sentence for an offense that requires |
| 18 | | a mandatory minimum sentence of imprisonment, the court may |
| 19 | | instead sentence the offender to probation, conditional |
| 20 | | discharge, or a lesser term of imprisonment it deems |
| 21 | | appropriate if: (1) the offense involves the use or possession |
| 22 | | of drugs, retail theft, or driving on a revoked license due to |
| 23 | | unpaid financial obligations; (2) the court finds that the |
| 24 | | defendant does not pose a risk to public safety; and (3) the |
| 25 | | interest of justice requires imposing a term of probation, |
| 26 | | conditional discharge, or a lesser term of imprisonment. The |
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| 1 | | court must state on the record its reasons for imposing |
| 2 | | probation, conditional discharge, or a lesser term of |
| 3 | | imprisonment. |
| 4 | | (c-2) If the defendant is sentenced to prison, other than |
| 5 | | when a sentence of natural life imprisonment is imposed, at |
| 6 | | the time the sentence is imposed the judge shall state on the |
| 7 | | record in open court the approximate period of time the |
| 8 | | defendant will serve in custody according to the then current |
| 9 | | statutory rules and regulations for sentence credit found in |
| 10 | | Section 3-6-3 and other related provisions of this Code. This |
| 11 | | statement is intended solely to inform the public, has no |
| 12 | | legal effect on the defendant's actual release, and may not be |
| 13 | | relied on by the defendant on appeal. |
| 14 | | The judge's statement, to be given after pronouncing the |
| 15 | | sentence, other than when the sentence is imposed for one of |
| 16 | | the offenses enumerated in paragraph (a)(4) of Section 3-6-3, |
| 17 | | shall include the following: |
| 18 | | "The purpose of this statement is to inform the public of |
| 19 | | the actual period of time this defendant is likely to spend in |
| 20 | | prison as a result of this sentence. The actual period of |
| 21 | | prison time served is determined by the statutes of Illinois |
| 22 | | as applied to this sentence by the Illinois Department of |
| 23 | | Corrections and the Illinois Prisoner Review Board. In this |
| 24 | | case, assuming the defendant receives all of his or her |
| 25 | | sentence credit, the period of estimated actual custody is ... |
| 26 | | years and ... months, less up to 180 days additional earned |
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| 1 | | sentence credit. If the defendant, because of his or her own |
| 2 | | misconduct or failure to comply with the institutional |
| 3 | | regulations, does not receive those credits, the actual time |
| 4 | | served in prison will be longer. The defendant may also |
| 5 | | receive an additional one-half day sentence credit for each |
| 6 | | day of participation in vocational, industry, substance abuse, |
| 7 | | and educational programs as provided for by Illinois statute." |
| 8 | | When the sentence is imposed for one of the offenses |
| 9 | | enumerated in paragraph (a)(2) of Section 3-6-3, other than |
| 10 | | first degree murder, and the offense was committed on or after |
| 11 | | June 19, 1998, and when the sentence is imposed for reckless |
| 12 | | homicide as defined in subsection (e) of Section 9-3 of the |
| 13 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
| 14 | | offense was committed on or after January 1, 1999, and when the |
| 15 | | sentence is imposed for aggravated driving under the influence |
| 16 | | of alcohol, other drug or drugs, or intoxicating compound or |
| 17 | | compounds, or any combination thereof as defined in |
| 18 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
| 19 | | 11-501 of the Illinois Vehicle Code, and when the sentence is |
| 20 | | imposed for aggravated arson if the offense was committed on |
| 21 | | or after July 27, 2001 (the effective date of Public Act |
| 22 | | 92-176), and when the sentence is imposed for aggravated |
| 23 | | driving under the influence of alcohol, other drug or drugs, |
| 24 | | or intoxicating compound or compounds, or any combination |
| 25 | | thereof as defined in subparagraph (C) of paragraph (1) of |
| 26 | | subsection (d) of Section 11-501 of the Illinois Vehicle Code |
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| 1 | | committed on or after January 1, 2011 (the effective date of |
| 2 | | Public Act 96-1230), the judge's statement, to be given after |
| 3 | | pronouncing the sentence, shall include the following: |
| 4 | | "The purpose of this statement is to inform the public of |
| 5 | | the actual period of time this defendant is likely to spend in |
| 6 | | prison as a result of this sentence. The actual period of |
| 7 | | prison time served is determined by the statutes of Illinois |
| 8 | | as applied to this sentence by the Illinois Department of |
| 9 | | Corrections and the Illinois Prisoner Review Board. In this |
| 10 | | case, the defendant is entitled to no more than 4 1/2 days of |
| 11 | | sentence credit for each month of his or her sentence of |
| 12 | | imprisonment. Therefore, this defendant will serve at least |
| 13 | | 85% of his or her sentence. Assuming the defendant receives 4 |
| 14 | | 1/2 days credit for each month of his or her sentence, the |
| 15 | | period of estimated actual custody is ... years and ... |
| 16 | | months. If the defendant, because of his or her own misconduct |
| 17 | | or failure to comply with the institutional regulations |
| 18 | | receives lesser credit, the actual time served in prison will |
| 19 | | be longer." |
| 20 | | When a sentence of imprisonment is imposed for first |
| 21 | | degree murder and the offense was committed on or after June |
| 22 | | 19, 1998, the judge's statement, to be given after pronouncing |
| 23 | | the sentence, shall include the following: |
| 24 | | "The purpose of this statement is to inform the public of |
| 25 | | the actual period of time this defendant is likely to spend in |
| 26 | | prison as a result of this sentence. The actual period of |
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| 1 | | prison time served is determined by the statutes of Illinois |
| 2 | | as applied to this sentence by the Illinois Department of |
| 3 | | Corrections and the Illinois Prisoner Review Board. In this |
| 4 | | case, the defendant is not entitled to sentence credit. |
| 5 | | Therefore, this defendant will serve 100% of his or her |
| 6 | | sentence." |
| 7 | | When the sentencing order recommends placement in a |
| 8 | | substance abuse program for any offense that results in |
| 9 | | incarceration in a Department of Corrections facility and the |
| 10 | | crime was committed on or after September 1, 2003 (the |
| 11 | | effective date of Public Act 93-354), the judge's statement, |
| 12 | | in addition to any other judge's statement required under this |
| 13 | | Section, to be given after pronouncing the sentence, shall |
| 14 | | include the following: |
| 15 | | "The purpose of this statement is to inform the public of |
| 16 | | the actual period of time this defendant is likely to spend in |
| 17 | | prison as a result of this sentence. The actual period of |
| 18 | | prison time served is determined by the statutes of Illinois |
| 19 | | as applied to this sentence by the Illinois Department of |
| 20 | | Corrections and the Illinois Prisoner Review Board. In this |
| 21 | | case, the defendant shall receive no earned sentence credit |
| 22 | | under clause (3) of subsection (a) of Section 3-6-3 until he or |
| 23 | | she participates in and completes a substance abuse treatment |
| 24 | | program or receives a waiver from the Director of Corrections |
| 25 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3." |
| 26 | | (c-4) Before the sentencing hearing and as part of the |
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| 1 | | presentence investigation under Section 5-3-1, the court shall |
| 2 | | inquire of the defendant whether the defendant is currently |
| 3 | | serving in or is a veteran of the Armed Forces of the United |
| 4 | | States. If the defendant is currently serving in the Armed |
| 5 | | Forces of the United States or is a veteran of the Armed Forces |
| 6 | | of the United States and has been diagnosed as having a mental |
| 7 | | illness by a qualified psychiatrist or clinical psychologist |
| 8 | | or physician, the court may: |
| 9 | | (1) order that the officer preparing the presentence |
| 10 | | report consult with the United States Department of |
| 11 | | Veterans Affairs, Illinois Department of Veterans |
| 12 | | Veterans' Affairs, or another agency or person with |
| 13 | | suitable knowledge or experience for the purpose of |
| 14 | | providing the court with information regarding treatment |
| 15 | | options available to the defendant, including federal, |
| 16 | | State, and local programming; and |
| 17 | | (2) consider the treatment recommendations of any |
| 18 | | diagnosing or treating mental health professionals |
| 19 | | together with the treatment options available to the |
| 20 | | defendant in imposing sentence. |
| 21 | | For the purposes of this subsection (c-4), "qualified |
| 22 | | psychiatrist" means a reputable physician licensed in Illinois |
| 23 | | to practice medicine in all its branches, who has specialized |
| 24 | | in the diagnosis and treatment of mental and nervous disorders |
| 25 | | for a period of not less than 5 years. |
| 26 | | (c-6) In imposing a sentence, the trial judge shall |
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| 1 | | specify, on the record, the particular evidence and other |
| 2 | | reasons which led to his or her determination that a motor |
| 3 | | vehicle was used in the commission of the offense. |
| 4 | | (c-7) In imposing a sentence for a Class 3 or 4 felony, |
| 5 | | other than a violent crime as defined in Section 3 of the |
| 6 | | Rights of Crime Victims and Witnesses Act, the court shall |
| 7 | | determine and indicate in the sentencing order whether the |
| 8 | | defendant has 4 or more or fewer than 4 months remaining on his |
| 9 | | or her sentence accounting for time served. |
| 10 | | (d) When the defendant is committed to the Department of |
| 11 | | Corrections, the State's Attorney shall and counsel for the |
| 12 | | defendant may file a statement with the clerk of the court to |
| 13 | | be transmitted to the department, agency or institution to |
| 14 | | which the defendant is committed to furnish such department, |
| 15 | | agency or institution with the facts and circumstances of the |
| 16 | | offense for which the person was committed together with all |
| 17 | | other factual information accessible to them in regard to the |
| 18 | | person prior to his commitment relative to his habits, |
| 19 | | associates, disposition and reputation and any other facts and |
| 20 | | circumstances which may aid such department, agency or |
| 21 | | institution during its custody of such person. The clerk shall |
| 22 | | within 10 days after receiving any such statements transmit a |
| 23 | | copy to such department, agency or institution and a copy to |
| 24 | | the other party, provided, however, that this shall not be |
| 25 | | cause for delay in conveying the person to the department, |
| 26 | | agency or institution to which he has been committed. |
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| 1 | | (e) The clerk of the court shall transmit to the |
| 2 | | department, agency or institution, if any, to which the |
| 3 | | defendant is committed, the following: |
| 4 | | (1) the sentence imposed; |
| 5 | | (2) any statement by the court of the basis for |
| 6 | | imposing the sentence; |
| 7 | | (3) any presentence reports; |
| 8 | | (3.3) the person's last known complete street address |
| 9 | | prior to incarceration or legal residence, the person's |
| 10 | | race, whether the person is of Hispanic or Latino origin, |
| 11 | | and whether the person is 18 years of age or older; |
| 12 | | (3.5) any sex offender evaluations; |
| 13 | | (3.6) any substance abuse treatment eligibility |
| 14 | | screening and assessment of the defendant by an agent |
| 15 | | designated by the State of Illinois to provide assessment |
| 16 | | services for the Illinois courts; |
| 17 | | (4) the number of days, if any, which the defendant |
| 18 | | has been in custody and for which he is entitled to credit |
| 19 | | against the sentence, which information shall be provided |
| 20 | | to the clerk by the sheriff; |
| 21 | | (4.1) any finding of great bodily harm made by the |
| 22 | | court with respect to an offense enumerated in subsection |
| 23 | | (c-1); |
| 24 | | (5) all statements filed under subsection (d) of this |
| 25 | | Section; |
| 26 | | (6) any medical or mental health records or summaries |
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| 1 | | of the defendant; |
| 2 | | (7) the municipality where the arrest of the offender |
| 3 | | or the commission of the offense has occurred, where such |
| 4 | | municipality has a population of more than 25,000 persons; |
| 5 | | (8) all statements made and evidence offered under |
| 6 | | paragraph (7) of subsection (a) of this Section; and |
| 7 | | (9) all additional matters which the court directs the |
| 8 | | clerk to transmit. |
| 9 | | (f) In cases in which the court finds that a motor vehicle |
| 10 | | was used in the commission of the offense for which the |
| 11 | | defendant is being sentenced, the clerk of the court shall, |
| 12 | | within 5 days thereafter, forward a report of such conviction |
| 13 | | to the Secretary of State. |
| 14 | | (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; |
| 15 | | 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) |
| 16 | | Section 460. The Drug Court Treatment Act is amended by |
| 17 | | changing Section 30 as follows: |
| 18 | | (730 ILCS 166/30) |
| 19 | | Sec. 30. Mental health and substance use disorder |
| 20 | | treatment. |
| 21 | | (a) The drug court program shall maintain a network of |
| 22 | | substance use disorder treatment programs representing a |
| 23 | | continuum of graduated substance use disorder treatment |
| 24 | | options commensurate with the needs of the participant. |
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| 1 | | (b) Any substance use disorder treatment program to which |
| 2 | | participants are referred must hold a valid license from the |
| 3 | | Department of Human Services Division of Substance Use |
| 4 | | Prevention and Recovery, use evidence-based treatment, and |
| 5 | | deliver all services in accordance with 77 Ill. Adm. Code |
| 6 | | 2060, including services available through the United States |
| 7 | | Department of Veterans Affairs, the Illinois Department of |
| 8 | | Veterans Veterans' Affairs, or Veterans Assistance Commission, |
| 9 | | or an equivalent standard in any other state where treatment |
| 10 | | may take place. |
| 11 | | (c) The drug court program may, at its discretion, employ |
| 12 | | additional services or interventions, as it deems necessary on |
| 13 | | a case by case basis. |
| 14 | | (d) The drug court program may maintain or collaborate |
| 15 | | with a network of mental health treatment programs |
| 16 | | representing a continuum of treatment options commensurate |
| 17 | | with the needs of the participant and available resources, |
| 18 | | including programs with the State and community-based programs |
| 19 | | supported and sanctioned by the State. Partnerships with |
| 20 | | providers certified as mental health or behavioral health |
| 21 | | centers shall be prioritized when possible. |
| 22 | | (Source: P.A. 102-1041, eff. 6-2-22.) |
| 23 | | Section 465. The Veterans and Servicemembers Court |
| 24 | | Treatment Act is amended by changing Section 10 as follows: |
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| 1 | | (730 ILCS 167/10) |
| 2 | | Sec. 10. Definitions. In this Act: |
| 3 | | "Certification" means the process by which a |
| 4 | | problem-solving court obtains approval from the Supreme Court |
| 5 | | to operate in accordance with the Problem-Solving Court |
| 6 | | Standards. |
| 7 | | "Clinical treatment plan" means an evidence-based, |
| 8 | | comprehensive, and individualized plan that: (i) is developed |
| 9 | | by a qualified professional in accordance with the Department |
| 10 | | of Human Services substance use prevention and recovery rules |
| 11 | | under 77 Ill. Adm. Code 2060 or an equivalent standard in any |
| 12 | | state where treatment may take place; and (ii) defines the |
| 13 | | scope of treatment services to be delivered by a court |
| 14 | | treatment provider. |
| 15 | | "Combination Veterans and Servicemembers court program" |
| 16 | | means a type of problem-solving court that allows an |
| 17 | | individual to enter a problem-solving court before a plea, |
| 18 | | conviction, or disposition while also permitting an individual |
| 19 | | who has admitted guilt, or been found guilty, to enter a |
| 20 | | problem-solving court as a part of the individual's sentence |
| 21 | | or disposition. |
| 22 | | "Community behavioral health center" means a physical site |
| 23 | | where behavioral healthcare services are provided in |
| 24 | | accordance with the Community Behavioral Health Center |
| 25 | | Infrastructure Act. |
| 26 | | "Community mental health center" means an entity: |
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| 1 | | (1) licensed by the Department of Public Health as a |
| 2 | | community mental health center in accordance with the |
| 3 | | conditions of participation for community mental health |
| 4 | | centers established by the Centers for Medicare and |
| 5 | | Medicaid Services; and |
| 6 | | (2) that provides outpatient services, including |
| 7 | | specialized outpatient services, for individuals who are |
| 8 | | chronically mental ill. |
| 9 | | "Co-occurring mental health and substance use disorders |
| 10 | | court program" means a program that includes an individual |
| 11 | | with co-occurring mental illness and substance use disorder |
| 12 | | diagnoses and professionals with training and experience in |
| 13 | | treating individuals with diagnoses of substance use disorder |
| 14 | | and mental illness. |
| 15 | | "Court" means veterans and servicemembers court. |
| 16 | | "IDVA" means the Illinois Department of Veterans Veterans' |
| 17 | | Affairs. |
| 18 | | "Peer recovery coach" means a veteran mentor as defined |
| 19 | | nationally by Justice for Vets and assigned to a veteran or |
| 20 | | servicemember during participation in a veteran treatment |
| 21 | | court program who has been approved by the court, and trained |
| 22 | | according to curriculum recommended by Justice for Vets, a |
| 23 | | service provider used by the court for substance use disorder |
| 24 | | or mental health treatment, a local service provider with an |
| 25 | | established peer recovery coach or mentor program not |
| 26 | | otherwise used by the court for treatment, or a Certified |
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| 1 | | Recovery Support Specialist certified by the Illinois |
| 2 | | Certification Board. "Peer recovery coach" includes |
| 3 | | individuals with lived experiences of the issues the |
| 4 | | problem-solving court seeks to address, including, but not |
| 5 | | limited to, substance use disorder, mental illness, and |
| 6 | | co-occurring disorders or involvement with the criminal |
| 7 | | justice system. "Peer recovery coach" includes individuals |
| 8 | | required to guide and mentor the participant to successfully |
| 9 | | complete assigned requirements and to facilitate participants' |
| 10 | | independence for continued success once the supports of the |
| 11 | | court are no longer available to them. |
| 12 | | "Post-adjudicatory veterans and servicemembers court |
| 13 | | program" means a program that allows a defendant who has |
| 14 | | admitted guilt or has been found guilty and agrees, with the |
| 15 | | defendant's consent, and the approval of the court, to enter a |
| 16 | | veterans and servicemembers court program as part of the |
| 17 | | defendant's sentence or disposition. |
| 18 | | "Pre-adjudicatory veterans and servicemembers court |
| 19 | | program" means a program that allows the defendant, with the |
| 20 | | defendant's consent and the approval of the court, to enter |
| 21 | | the Veterans and Servicemembers Court program before plea, |
| 22 | | conviction, or disposition and requires successful completion |
| 23 | | of the Veterans and Servicemembers Court programs as part of |
| 24 | | the agreement. |
| 25 | | "Problem-Solving Court Standards" means the statewide |
| 26 | | standards adopted by the Supreme Court that set forth the |
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| 1 | | minimum requirements for the planning, establishment, |
| 2 | | certification, operation, and evaluation of all |
| 3 | | problem-solving courts in this State. |
| 4 | | "Servicemember" means a person who is currently serving in |
| 5 | | the Army, Air Force, Marines, Navy, or Coast Guard on active |
| 6 | | duty, reserve status or in the National Guard. |
| 7 | | "VA" means the United States Department of Veterans |
| 8 | | Veterans' Affairs. |
| 9 | | "VAC" means a veterans assistance commission. |
| 10 | | "Validated clinical assessment" means a validated |
| 11 | | assessment tool administered by a qualified clinician to |
| 12 | | determine the treatment needs of participants. "Validated |
| 13 | | clinical assessment" includes assessment tools required by |
| 14 | | public or private insurance. |
| 15 | | "Veteran" means a person who previously served as an |
| 16 | | active servicemember. |
| 17 | | "Veterans and servicemembers court professional" means a |
| 18 | | member of the veterans and servicemembers court team, |
| 19 | | including, but not limited to, a judge, prosecutor, defense |
| 20 | | attorney, probation officer, coordinator, treatment provider. |
| 21 | | "Veterans and servicemembers court", "veterans and |
| 22 | | servicemembers court program", "court", or "program" means a |
| 23 | | specially designated court, court calendar, or docket |
| 24 | | facilitating intensive therapeutic treatment to monitor and |
| 25 | | assist veteran or servicemember participants with substance |
| 26 | | use disorder, mental illness, co-occurring disorders, or other |
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| 1 | | assessed treatment needs of eligible veteran and servicemember |
| 2 | | participants and in making positive lifestyle changes and |
| 3 | | reducing the rate of recidivism. Veterans and servicemembers |
| 4 | | court programs are nonadversarial in nature and bring together |
| 5 | | substance use disorder professionals, mental health |
| 6 | | professionals, VA professionals, local social programs, and |
| 7 | | intensive judicial monitoring in accordance with the |
| 8 | | nationally recommended 10 key components of veterans treatment |
| 9 | | courts and the Problem-Solving Court Standards. Common |
| 10 | | features of a veterans and servicemembers court program |
| 11 | | include, but are not limited to, a designated judge and staff; |
| 12 | | specialized intake and screening procedures; coordinated |
| 13 | | treatment procedures administered by a trained, |
| 14 | | multidisciplinary professional team; close evaluation of |
| 15 | | participants, including continued assessments and modification |
| 16 | | of the court requirements and use of sanctions, incentives, |
| 17 | | and therapeutic adjustments to address behavior; frequent |
| 18 | | judicial interaction with participants; less formal court |
| 19 | | process and procedures; voluntary participation; and a low |
| 20 | | treatment staff-to-client ratio. |
| 21 | | (Source: P.A. 102-1041, eff. 6-2-22.) |
| 22 | | Section 999. Effective date. This Act takes effect upon |
| 23 | | becoming law. |
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 5 ILCS 350/1 | from Ch. 127, par. 1301 | | | 4 | | 5 ILCS 350/2 | from Ch. 127, par. 1302 | | | 5 | | 5 ILCS 382/3-15 | | | | 6 | | 5 ILCS 465/10 | | | | 7 | | 15 ILCS 16/15 | | | | 8 | | 15 ILCS 16/25 | | | | 9 | | 15 ILCS 16/30 | | | | 10 | | 15 ILCS 16/35 | | | | 11 | | 15 ILCS 16/55 | | | | 12 | | 15 ILCS 16/65 | | | | 13 | | 15 ILCS 335/5 | | | | 14 | | 15 ILCS 335/11 | from Ch. 124, par. 31 | | | 15 | | 20 ILCS 5/5-15 | was 20 ILCS 5/3 | | | 16 | | 20 ILCS 5/5-20 | was 20 ILCS 5/4 | | | 17 | | 20 ILCS 5/5-190 | was 20 ILCS 5/5.01a | | | 18 | | 20 ILCS 5/5-420 | was 20 ILCS 5/9.22 | | | 19 | | 20 ILCS 105/4.01 | | | | 20 | | 20 ILCS 105/4.04a | | | | 21 | | 20 ILCS 105/8.10 | | | | 22 | | 20 ILCS 415/8b.7 | from Ch. 127, par. 63b108b.7 | | | 23 | | 20 ILCS 505/5.46 | | | | 24 | | 20 ILCS 805/805-305 | was 20 ILCS 805/63a23 | | | 25 | | 20 ILCS 1305/1-80 | | |
| | | HB2547 Enrolled | - 381 - | LRB104 09526 KTG 19589 b |
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| | 1 | | 20 ILCS 1605/21.6 | | | | 2 | | 20 ILCS 2310/2310-376 | | | | 3 | | 20 ILCS 2805/Act title | | | | 4 | | 20 ILCS 2805/0.01 | from Ch. 126 1/2, par. 65.9 | | | 5 | | 20 ILCS 2805/1 | from Ch. 126 1/2, par. 66 | | | 6 | | 20 ILCS 2805/1.5 | | | | 7 | | 20 ILCS 2805/2 | from Ch. 126 1/2, par. 67 | | | 8 | | 20 ILCS 2805/2.01 | from Ch. 126 1/2, par. 67.01 | | | 9 | | 20 ILCS 2805/2.01c | | | | 10 | | 20 ILCS 2805/2.04 | from Ch. 126 1/2, par. 67.04 | | | 11 | | 20 ILCS 2805/2.10 | | | | 12 | | 20 ILCS 2805/5 | from Ch. 126 1/2, par. 70 | | | 13 | | 20 ILCS 2805/15 | | | | 14 | | 20 ILCS 2805/37 | | | | 15 | | 20 ILCS 2805/39 | | | | 16 | | 20 ILCS 3960/3.6 | | | | 17 | | 20 ILCS 3975/4.5 | | | | 18 | | 30 ILCS 105/25 | from Ch. 127, par. 161 | | | 19 | | 30 ILCS 500/45-57 | | | | 20 | | 30 ILCS 500/45-67 | | | | 21 | | 30 ILCS 596/10 | | | | 22 | | 30 ILCS 608/5-10 | | | | 23 | | 35 ILCS 200/15-165 | | | | 24 | | 35 ILCS 515/7.5 | | | | 25 | | 40 ILCS 5/14-104 | from Ch. 108 1/2, par. 14-104 | | | 26 | | 45 ILCS 175/5 | | |
| | | HB2547 Enrolled | - 382 - | LRB104 09526 KTG 19589 b |
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| | 1 | | 55 ILCS 5/3-5015 | from Ch. 34, par. 3-5015 | | | 2 | | 55 ILCS 5/5-12022 | | | | 3 | | 60 ILCS 1/110-17 | | | | 4 | | 65 ILCS 5/11-13-28 | | | | 5 | | 105 ILCS 5/30-14.2 | from Ch. 122, par. 30-14.2 | | | 6 | | 110 ILCS 49/15 | | | | 7 | | 110 ILCS 70/36g | from Ch. 24 1/2, par. 38b6 | | | 8 | | 110 ILCS 305/8 | from Ch. 144, par. 29 | | | 9 | | 110 ILCS 520/8e | from Ch. 144, par. 658e | | | 10 | | 110 ILCS 660/5-85 | | | | 11 | | 110 ILCS 665/10-85 | | | | 12 | | 110 ILCS 670/15-85 | | | | 13 | | 110 ILCS 675/20-85 | | | | 14 | | 110 ILCS 680/25-85 | | | | 15 | | 110 ILCS 685/30-85 | | | | 16 | | 110 ILCS 690/35-85 | | | | 17 | | 110 ILCS 947/40 | | | | 18 | | 110 ILCS 972/5 | | | | 19 | | 210 ILCS 45/1-113 | from Ch. 111 1/2, par. 4151-113 | | | 20 | | 210 ILCS 45/2-201 | from Ch. 111 1/2, par. 4152-201 | | | 21 | | 210 ILCS 45/2-201.5 | | | | 22 | | 210 ILCS 45/2-213 | | | | 23 | | 210 ILCS 45/2-215 | | | | 24 | | 210 ILCS 45/3-101.5 | | | | 25 | | 210 ILCS 45/3-202.6 | | | | 26 | | 210 ILCS 45/3-304.2 | | |
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| | 1 | | 210 ILCS 45/3-308.5 | | | | 2 | | 210 ILCS 46/1-113 | | | | 3 | | 210 ILCS 47/1-113 | | | | 4 | | 210 ILCS 49/1-102 | | | | 5 | | 210 ILCS 160/5 | | | | 6 | | 210 ILCS 175/5 | | | | 7 | | 215 ILCS 5/356z.12 | | | | 8 | | 235 ILCS 5/6-15 | from Ch. 43, par. 130 | | | 9 | | 305 ILCS 5/5-5.27 | | | | 10 | | 305 ILCS 5/11-5.2 | | | | 11 | | 310 ILCS 65/14 | from Ch. 67 1/2, par. 1264 | | | 12 | | 320 ILCS 42/35 | | | | 13 | | 320 ILCS 70/25-10 | | | | 14 | | 320 ILCS 70/25-20 | | | | 15 | | 320 ILCS 70/25-25 | | | | 16 | | 330 ILCS 30/3 | from Ch. 126 1/2, par. 57.53 | | | 17 | | 330 ILCS 30/5 | from Ch. 126 1/2, par. 57.55 | | | 18 | | 330 ILCS 30/6 | from Ch. 126 1/2, par. 57.56 | | | 19 | | 330 ILCS 32/5 | | | | 20 | | 330 ILCS 32/20 | | | | 21 | | 330 ILCS 32/25 | | | | 22 | | 330 ILCS 35/2 | from Ch. 126 1/2, par. 57.62 | | | 23 | | 330 ILCS 35/4 | from Ch. 126 1/2, par. 57.64 | | | 24 | | 330 ILCS 35/5 | from Ch. 126 1/2, par. 57.65 | | | 25 | | 330 ILCS 40/1 | from Ch. 126 1/2, par. 57.71 | | | 26 | | 330 ILCS 45/1 | from Ch. 23, par. 3081 | |
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| | 1 | | 330 ILCS 46/15 | | | | 2 | | 330 ILCS 65/2.1 | from Ch. 126 1/2, par. 59.1 | | | 3 | | 330 ILCS 65/3 | from Ch. 126 1/2, par. 60 | | | 4 | | 330 ILCS 70/2 | from Ch. 116, par. 30 | | | 5 | | 330 ILCS 100/2 | from Ch. 126 1/2, par. 57.82 | | | 6 | | 330 ILCS 100/3 | from Ch. 126 1/2, par. 57.83 | | | 7 | | 330 ILCS 100/4 | | | | 8 | | 330 ILCS 105/1 | from Ch. 126 1/2, par. 26 | | | 9 | | 330 ILCS 105/2 | from Ch. 126 1/2, par. 27 | | | 10 | | 330 ILCS 110/1 | from Ch. 21, par. 59a | | | 11 | | 330 ILCS 110/2 | from Ch. 21, par. 59b | | | 12 | | 330 ILCS 110/3 | from Ch. 21, par. 59c | | | 13 | | 330 ILCS 110/3.1 | from Ch. 21, par. 59c1 | | | 14 | | 330 ILCS 126/10 | | | | 15 | | 330 ILCS 126/25 | | | | 16 | | 330 ILCS 130/10 | | | | 17 | | 330 ILCS 140/10 | | | | 18 | | 330 ILCS 140/20 | | | | 19 | | 410 ILCS 82/35 | | | | 20 | | 410 ILCS 130/5 | | | | 21 | | 410 ILCS 535/18 | from Ch. 111 1/2, par. 73-18 | | | 22 | | 515 ILCS 5/15-5 | from Ch. 56, par. 15-5 | | | 23 | | 515 ILCS 5/20-5 | from Ch. 56, par. 20-5 | | | 24 | | 520 ILCS 5/3.1-2 | from Ch. 61, par. 3.1-2 | | | 25 | | 525 ILCS 5/5 | from Ch. 96 1/2, par. 9505 | | | 26 | | 625 ILCS 5/2-123 | from Ch. 95 1/2, par. 2-123 | |
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| | 1 | | 625 ILCS 5/3-609 | from Ch. 95 1/2, par. 3-609 | | | 2 | | 625 ILCS 5/3-699.14 | | | | 3 | | 625 ILCS 5/6-106 | from Ch. 95 1/2, par. 6-106 | | | 4 | | 625 ILCS 5/11-1301.2 | from Ch. 95 1/2, par. 11-1301.2 | | | 5 | | 705 ILCS 95/7 | | | | 6 | | 705 ILCS 505/9.5 | | | | 7 | | 720 ILCS 570/311.6 | | | | 8 | | 730 ILCS 5/3-12-6 | from Ch. 38, par. 1003-12-6 | | | 9 | | 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 | | | 10 | | 730 ILCS 166/30 | | | | 11 | | 730 ILCS 167/10 | |
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