HB2547 EnrolledLRB104 09526 KTG 19589 b

1    AN ACT concerning the Illinois Department of Veterans
2Affairs.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The State Employee Indemnification Act is
6amended 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
10General Assembly, the court, or any State office, department,
11division, bureau, board, commission, or committee, the
12governing boards of the public institutions of higher
13education created by the State, the Illinois National Guard,
14the Illinois State Guard, the Comprehensive Health Insurance
15Board, any poison control center designated under the Poison
16Control System Act that receives State funding, or any other
17agency or instrumentality of the State. It does not mean any
18local public entity as that term is defined in Section 1-206 of
19the Local Governmental and Governmental Employees Tort
20Immunity Act or a pension fund.
21    (b) The term "employee" means: any present or former
22elected or appointed officer, trustee or employee of the
23State, or of a pension fund; any present or former

 

 

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1commissioner or employee of the Executive Ethics Commission or
2of the Legislative Ethics Commission; any present or former
3Executive, Legislative, or Auditor General's Inspector
4General; any present or former employee of an Office of an
5Executive, Legislative, or Auditor General's Inspector
6General; any present or former member of the Illinois National
7Guard while on active duty; any present or former member of the
8Illinois State Guard while on State active duty; individuals
9or organizations who contract with the Department of
10Corrections, the Department of Juvenile Justice, the
11Comprehensive Health Insurance Board, or the Department of
12Veterans Veterans' Affairs to provide services; individuals or
13organizations who contract with the Department of Human
14Services (as successor to the Department of Mental Health and
15Developmental Disabilities) to provide services including but
16not limited to treatment and other services for sexually
17violent persons; individuals or organizations who contract
18with the Department of Military Affairs for youth programs;
19individuals or organizations who contract to perform carnival
20and amusement ride safety inspections for the Department of
21Labor; individuals who contract with the Office of the State's
22Attorneys Appellate Prosecutor to provide legal services, but
23only when performing duties within the scope of the Office's
24prosecutorial activities; individual representatives of or
25designated organizations authorized to represent the Office of
26State Long-Term Ombudsman for the Department on Aging;

 

 

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1individual representatives of or organizations designated by
2the Department on Aging in the performance of their duties as
3adult protective services agencies or regional administrative
4agencies under the Adult Protective Services Act; individuals
5or organizations appointed as members of a review team or the
6Advisory Council under the Adult Protective Services Act;
7individuals or organizations who perform volunteer services
8for the State where such volunteer relationship is reduced to
9writing; individuals who serve on any public entity (whether
10created by law or administrative action) described in
11paragraph (a) of this Section; individuals or not for profit
12organizations who, either as volunteers, where such volunteer
13relationship is reduced to writing, or pursuant to contract,
14furnish professional advice or consultation to any agency or
15instrumentality of the State; individuals who serve as foster
16parents for the Department of Children and Family Services
17when caring for youth in care as defined in Section 4d of the
18Children and Family Services Act; individuals who serve as
19members of an independent team of experts under the
20Developmental Disability and Mental Health Safety Act (also
21known as Brian's Law); and individuals who serve as
22arbitrators pursuant to Part 10A of Article II of the Code of
23Civil Procedure and the rules of the Supreme Court
24implementing Part 10A, each as now or hereafter amended; the
25members of the Certification Review Panel under the Illinois
26Police Training Act; the term "employee" does not mean an

 

 

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1independent contractor except as provided in this Section. The
2term includes an individual appointed as an inspector by the
3Director of the Illinois State Police when performing duties
4within the scope of the activities of a Metropolitan
5Enforcement Group or a law enforcement organization
6established under the Intergovernmental Cooperation Act. An
7individual who renders professional advice and consultation to
8the State through an organization which qualifies as an
9"employee" under the Act is also an employee. The term
10includes the estate or personal representative of an employee.
11    (c) The term "pension fund" means a retirement system or
12pension fund created under the Illinois Pension Code.
13(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
14102-538, 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
17employees.
18    (a) In the event that any civil proceeding is commenced
19against any State employee arising out of any act or omission
20occurring within the scope of the employee's State employment,
21the Attorney General shall, upon timely and appropriate notice
22to him by such employee, appear on behalf of such employee and
23defend the action. In the event that any civil proceeding is
24commenced against any physician who is an employee of the
25Department of Corrections or the Department of Human Services

 

 

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1(in a position relating to the Department's mental health and
2developmental disabilities functions) alleging death or bodily
3injury or other injury to the person of the complainant
4resulting from and arising out of any act or omission
5occurring on or after December 3, 1977 within the scope of the
6employee's State employment, or against any physician who is
7an employee of the Department of Veterans Veterans' Affairs
8alleging death or bodily injury or other injury to the person
9of the complainant resulting from and arising out of any act or
10omission occurring on or after the effective date of this
11amendatory Act of 1988 within the scope of the employee's
12State employment, or in the event that any civil proceeding is
13commenced against any attorney who is an employee of the State
14Appellate Defender alleging legal malpractice or for other
15damages resulting from and arising out of any legal act or
16omission occurring on or after December 3, 1977, within the
17scope of the employee's State employment, or in the event that
18any civil proceeding is commenced against any individual or
19organization who contracts with the Department of Labor to
20provide services as a carnival and amusement ride safety
21inspector alleging malpractice, death or bodily injury or
22other injury to the person arising out of any act or omission
23occurring on or after May 1, 1985, within the scope of that
24employee's State employment, the Attorney General shall, upon
25timely and appropriate notice to him by such employee, appear
26on behalf of such employee and defend the action. Any such

 

 

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1notice shall be in writing, shall be mailed within 15 days
2after the date of receipt by the employee of service of
3process, and shall authorize the Attorney General to represent
4and defend the employee in the proceeding. The giving of this
5notice to the Attorney General shall constitute an agreement
6by the State employee to cooperate with the Attorney General
7in his defense of the action and a consent that the Attorney
8General shall conduct the defense as he deems advisable and in
9the best interests of the employee, including settlement in
10the Attorney General's discretion. In any such proceeding, the
11State shall pay the court costs and litigation expenses of
12defending such action, to the extent approved by the Attorney
13General as reasonable, as they are incurred.
14    (b) In the event that the Attorney General determines that
15so appearing and defending an employee either (1) involves an
16actual or potential conflict of interest, or (2) that the act
17or omission which gave rise to the claim was not within the
18scope of the employee's State employment or was intentional,
19wilful or wanton misconduct, the Attorney General shall
20decline in writing to appear or defend or shall promptly take
21appropriate action to withdraw as attorney for such employee.
22Upon receipt of such declination or upon such withdrawal by
23the Attorney General on the basis of an actual or potential
24conflict of interest, the State employee may employ his own
25attorney to appear and defend, in which event the State shall
26pay the employee's court costs, litigation expenses and

 

 

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1attorneys' fees to the extent approved by the Attorney General
2as reasonable, as they are incurred. In the event that the
3Attorney General declines to appear or withdraws on the
4grounds that the act or omission was not within the scope of
5employment, or was intentional, wilful or wanton misconduct,
6and a court or jury finds that the act or omission of the State
7employee was within the scope of employment and was not
8intentional, wilful or wanton misconduct, the State shall
9indemnify the State employee for any damages awarded and court
10costs and attorneys' fees assessed as part of any final and
11unreversed judgment. In such event the State shall also pay
12the employee's court costs, litigation expenses and attorneys'
13fees to the extent approved by the Attorney General as
14reasonable.
15    In the event that the defendant in the proceeding is an
16elected State official, including members of the General
17Assembly, the elected State official may retain his or her
18attorney, provided that said attorney shall be reasonably
19acceptable to the Attorney General. In such case the State
20shall pay the elected State official's court costs, litigation
21expenses, and attorneys' fees, to the extent approved by the
22Attorney General as reasonable, as they are incurred.
23    (b-5) The Attorney General may file a counterclaim on
24behalf 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,
14representation and indemnification of a judge under this Act
15shall also be provided in any case where the plaintiff seeks
16damages or any equitable relief as a result of any decision,
17ruling or order of a judge made in the course of his or her
18judicial or administrative duties, without regard to the
19theory of recovery employed by the plaintiff. Indemnification
20shall be for all damages awarded and all court costs, attorney
21fees and litigation expenses assessed against the judge. When
22a judge has been convicted of a crime as a result of his or her
23intentional judicial misconduct in a trial, that judge shall
24not be entitled to indemnification and representation under
25this subsection in any case maintained by a party who seeks
26damages or other equitable relief as a direct result of the

 

 

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1judge's intentional judicial misconduct.
2    (d) In any such proceeding where notice in accordance with
3this Section has been given to the Attorney General, unless
4the court or jury finds that the conduct or inaction which gave
5rise to the claim or cause of action was intentional, wilful or
6wanton misconduct and was not intended to serve or benefit
7interests of the State, the State shall indemnify the State
8employee for any damages awarded and court costs and
9attorneys' fees assessed as part of any final and unreversed
10judgment, or shall pay such judgment. Unless the Attorney
11General determines that the conduct or inaction which gave
12rise to the claim or cause of action was intentional, wilful or
13wanton misconduct and was not intended to serve or benefit
14interests of the State, the case may be settled, in the
15Attorney General's discretion and with the employee's consent,
16and the State shall indemnify the employee for any damages,
17court costs and attorneys' fees agreed to as part of the
18settlement, or shall pay such settlement. Where the employee
19is represented by private counsel, any settlement must be so
20approved by the Attorney General and the court having
21jurisdiction, which shall obligate the State to indemnify the
22employee.
23    (e) (i) Court costs and litigation expenses and other
24costs of providing a defense or counterclaim, including
25attorneys' fees obligated under this Section, shall be paid
26from the State Treasury on the warrant of the Comptroller out

 

 

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1of appropriations made to the Department of Central Management
2Services specifically designed for the payment of costs, fees
3and expenses covered by this Section.
4    (ii) Upon entry of a final judgment against the employee,
5or upon the settlement of the claim, the employee shall cause
6to be served a copy of such judgment or settlement, personally
7or by certified or registered mail within thirty days of the
8date of entry or settlement, upon the chief administrative
9officer of the department, office or agency in which he is
10employed. If not inconsistent with the provisions of this
11Section, such judgment or settlement shall be certified for
12payment by such chief administrative officer and by the
13Attorney General. The judgment or settlement shall be paid
14from the State Treasury on the warrant of the Comptroller out
15of appropriations made to the Department of Central Management
16Services specifically designed for the payment of claims
17covered by this Section.
18    (f) Nothing contained or implied in this Section shall
19operate, or be construed or applied, to deprive the State, or
20any employee thereof, of any defense heretofore available.
21    (g) This Section shall apply regardless of whether the
22employee is sued in his or her individual or official
23capacity.
24    (h) This Section shall not apply to claims for bodily
25injury or damage to property arising from motor vehicle
26crashes.

 

 

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1    (i) This Section shall apply to all proceedings filed on
2or after its effective date, and to any proceeding pending on
3its effective date, if the State employee gives notice to the
4Attorney General as provided in this Section within 30 days of
5the Act's effective date.
6    (j) The amendatory changes made to this Section by this
7amendatory Act of 1986 shall apply to all proceedings filed on
8or after the effective date of this amendatory Act of 1986 and
9to any proceeding pending on its effective date, if the State
10employee gives notice to the Attorney General as provided in
11this Section within 30 days of the effective date of this
12amendatory Act of 1986.
13    (k) This Act applies to all State officials who are
14serving as trustees, or their appointing authorities, of a
15clean energy community trust or as members of a not-for-profit
16foundation or corporation established pursuant to Section
1716-111.1 of the Public Utilities Act.
18    (l) The State shall not provide representation for, nor
19shall it indemnify, any State employee in (i) any criminal
20proceeding in which the employee is a defendant or (ii) any
21criminal investigation in which the employee is the target.
22Nothing in this Act shall be construed to prohibit the State
23from providing representation to a State employee who is a
24witness in a criminal matter arising out of that employee's
25State 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
2amended 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
5each named agency shall increase and maintain the number of
6bilingual on-board frontline staff over the levels that it
7maintained 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
12Section 10 as follows:
 
13    (5 ILCS 465/10)
14    Sec. 10. Death of resident military member, law
15enforcement officer, firefighter, or members of EMS crews.
16    (a) The Governor shall issue an official notice to fly the
17following flags at half-staff upon the death of a resident of
18this State killed (i) by hostile fire as a member of the United
19States armed forces, (ii) in the line of duty as a law
20enforcement officer, (iii) in the line of duty as a
21firefighter, (iv) in the line of duty as a member of an
22Emergency Medical Services (EMS) crew, or (v) during on duty
23training for active military duty: the United States national
24flag, the State flag of Illinois, and, in the case of the death

 

 

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1of the member of the United States armed forces, the
2appropriate military flag as defined in subsection (b) of
3Section 18.6 of the Condominium Property Act and the Honor and
4Remember Flag designated under Section 16 of this Act. Upon
5the Governor's notice, each person or entity required by this
6Act to ensure the display of the United States national flag on
7a flagstaff shall ensure that the flags described in the
8notice are displayed at half-staff on the day designated for
9the resident's funeral and the 2 days preceding that day.
10    (b) The Department of Veterans Veterans' Affairs shall
11notify the Governor of the death by hostile fire of an Illinois
12resident member of the United States armed forces. In lieu of
13notice being provided by the Department of Veterans Veterans'
14Affairs, any other State or Federal entity, agency, or person
15holding such information may notify the Governor of the death
16by hostile fire of an Illinois resident member of the United
17States armed forces. If such notice is provided to the
18Governor by an entity, agency, or person other than the
19Department of Veterans Veterans' Affairs, then the obligation
20to notify the Governor of an Illinois resident soldier's death
21under this subsection (b) shall be considered fulfilled. The
22Illinois State Police shall notify the Governor of the death
23in the line of duty of an Illinois resident law enforcement
24officer. The Office of the State Fire Marshal shall notify the
25Governor of the death in the line of duty of an Illinois
26resident firefighter. The Department of Public Health shall

 

 

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1notify the Governor of the death in the line of duty of an
2Illinois resident member of an Emergency Medical Services
3(EMS) crew. Notice to the Governor shall include at least the
4resident's name and Illinois address, the date designated for
5the funeral, and the circumstances of the death.
6    (c) For the purpose of this Section, the United States
7armed forces includes: (i) the United States Army, Navy,
8Marine Corps, Air Force, Space Force, and Coast Guard; (ii)
9any reserve component of each of the forces listed in item (i);
10and (iii) the National Guard.
11    (d) Nothing in this Section requires the removal or
12relocation of any existing flags currently displayed in the
13State. This Section does not apply to a State facility if the
14requirements of this Section cannot be satisfied without a
15physical modification to that facility.
16(Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24;
17103-746, eff. 1-1-25.)
 
18    Section 20. The Executive Order 1 (2012) Implementation
19Act is amended by changing Sections 15, 25, 30, 35, 55, and 65
20as follows:
 
21    (15 ILCS 16/15)
22    Sec. 15. Transfer back of State healthcare purchasing
23functions transferred by Executive Order 3 (2005).
24    (a) On the date 6 months after the effective date of this

 

 

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1Act or as soon thereafter as practical, all of the powers,
2duties, rights, and responsibilities related to State
3healthcare purchasing that were transferred from the
4Department of Central Management Services, the Department of
5Corrections, the Department of Human Services, and the
6Department of Veterans' Affairs (now the Department of
7Veterans Affairs) to the Department of Healthcare and Family
8Services by Executive Order 3 (2005) are transferred back to
9the Departments from which those powers, duties, rights, and
10responsibilities were transferred; however, powers, duties,
11rights, and responsibilities related to State healthcare
12purchasing that were exercised by the Department of
13Corrections before the effective date of Executive Order 3
14(2005) but that pertain to individuals resident in facilities
15operated by the Department of Juvenile Justice are transferred
16to the Department of Juvenile Justice.
17    (b) The functions associated with State healthcare
18purchasing that are transferred from the Department of
19Healthcare and Family Services under this Section include,
20without 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
7vested in or associated with State healthcare purchasing are
8not affected by this Act, except that all management and staff
9support or other resources necessary to the operation of a
10State healthcare purchasing function shall be provided by the
11Department to which that function is transferred under this
12Act.
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
17Healthcare and Family Services that are engaged in the
18performance of State healthcare purchasing functions
19transferred back to the Department of Central Management
20Services are transferred to and shall continue their service
21within the Department of Central Management Services. The
22status and rights of those employees under the Personnel Code
23are not affected by this Act.
24    (b) Personnel and positions of the Department of
25Corrections, the Department of Juvenile Justice, the

 

 

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1Department of Human Services, and the Department of Veterans'
2Affairs (now the Department of Veterans Affairs) were not in
3fact transferred under Executive Order 3 (2005) and are not
4affected 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,
8records, papers, documents, property (real and personal),
9contracts, and pending business pertaining to the powers,
10duties, rights, and responsibilities related to any of the
11State healthcare purchasing functions transferred under this
12Act from the Department of Healthcare and Family Services to
13the Department of Central Management Services, the Department
14of Corrections, the Department of Juvenile Justice, the
15Department of Human Services, and the Department of Veterans'
16Affairs (now the Department of Veterans Affairs), including,
17but not limited to, material in electronic or magnetic format
18and necessary computer hardware and software, shall be
19delivered to the Department to which that State healthcare
20purchasing function is transferred under this Act, provided
21that the delivery of that information may not violate any
22applicable confidentiality constraints. The access by
23personnel of the Department of Central Management Services,
24the Department of Corrections, the Department of Juvenile
25Justice, the Department of Human Services, and the Department

 

 

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1of Veterans' Affairs (now the Department of Veterans Affairs)
2to databases and electronic health information that are
3currently maintained by the Department of Healthcare and
4Family Services and that contain data and information
5necessary to the performance of the State healthcare
6purchasing functions shall continue in the same manner and
7level of access as before the effective date of Executive
8Order 1 (2012). Staff of the Department of Central Management
9Services, the Department of Corrections, the Department of
10Juvenile Justice, the Department of Human Services, and the
11Department of Veterans' Affairs (now the Department of
12Veterans Affairs) may work with staff of the Department of
13Healthcare and Family Services to add new information relevant
14to 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
19functions transferred under this Act, the Department of
20Central Management Services is the successor agency to the
21Department of Healthcare and Family Services under the
22Successor Agency Act and Section 9b of the State Finance Act.
23All unexpended appropriations and balances and other moneys
24available for use in connection with any of the State
25healthcare purchasing functions transferred from the

 

 

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1Department of Healthcare and Family Services to the Department
2of Central Management Services are transferred for use by the
3Department of Central Management Services for the exercise of
4those functions pursuant to the direction of the Governor.
5Unexpended balances so transferred shall be expended only for
6the purpose for which the appropriations were originally made.
7    (b) Appropriations of the Department of Corrections, the
8Department of Juvenile Justice, the Department of Human
9Services, and the Department of Veterans' Affairs (now the
10Department of Veterans Affairs) were not in fact transferred
11under Executive Order 3 (2005) and are not affected by this
12Act.
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
16Department of Central Management Services, the Department of
17Corrections, the Department of Juvenile Justice, the
18Department of Human Services, and the Department of Veterans'
19Affairs (now the Department of Veterans Affairs) is, for any
20offense, subject to the same penalty or penalties, civil or
21criminal, as are prescribed by existing law for the same
22offense by any officer whose powers or duties are transferred
23under 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
3or prudent to fully implement the intent of this Act, the
4Department of Central Management Services, the Department of
5Corrections, the Department of Human Services, the Department
6of Juvenile Justice, the Department of Veterans' Affairs (now
7the Department of Veterans Affairs), and the Department of
8Healthcare and Family Services may enter into one or more
9interagency agreements to ensure the full and appropriate
10transfer of all State healthcare purchasing functions
11transferred from the Department of Healthcare and Family
12Services under this Act.
13(Source: P.A. 98-488, eff. 8-16-13.)
 
14    Section 30. The Illinois Identification Card Act is
15amended 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
19Illinois may file an application for an identification card,
20or for the renewal thereof, in a manner prescribed by the
21Secretary. Each original application shall be completed by the
22applicant in full and shall set forth the legal name,
23residence address and zip code, social security number, if the
24person has a social security number, birth date, sex and a

 

 

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1brief description of the applicant. The applicant shall be
2photographed, unless the Secretary of State has provided by
3rule for the issuance of identification cards without
4photographs and the applicant is deemed eligible for an
5identification card without a photograph under the terms and
6conditions imposed by the Secretary of State, and he or she
7shall also submit any other information as the Secretary may
8deem necessary or such documentation as the Secretary may
9require to determine the identity of the applicant. In
10addition to the residence address, the Secretary may allow the
11applicant to provide a mailing address. If the applicant is an
12employee of the Department of Children and Family Services
13with a job title of "Child Protection Specialist Trainee",
14"Child Protection Specialist", "Child Protection Advanced
15Specialist", "Child Welfare Specialist Trainee", "Child
16Welfare Specialist", or "Child Welfare Advanced Specialist" or
17a judicial officer as defined in Section 1-10 of the Judicial
18Privacy Act or a peace officer, the applicant may elect to have
19his or her office or work address in lieu of the applicant's
20residence or mailing address. An applicant for an Illinois
21Person with a Disability Identification Card must also submit
22with each original or renewal application, on forms prescribed
23by the Secretary, such documentation as the Secretary may
24require, establishing that the applicant is a "person with a
25disability" as defined in Section 4A of this Act, and setting
26forth the applicant's type and class of disability as set

 

 

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1forth in Section 4A of this Act. For the purposes of this
2subsection (a), "peace officer" means any person who by virtue
3of his or her office or public employment is vested by law with
4a duty to maintain public order or to make arrests for a
5violation of any penal statute of this State, whether that
6duty extends to all violations or is limited to specific
7violations.
8    (a-5) Upon the first issuance of a request for proposals
9for a digital driver's license and identification card
10issuance and facial recognition system issued after January 1,
112020 (the effective date of Public Act 101-513), and upon
12implementation of a new or revised system procured pursuant to
13that request for proposals, the Secretary shall permit
14applicants to choose between "male", "female", or "non-binary"
15when designating the applicant's sex on the identification
16card application form. The sex designated by the applicant
17shall be displayed on the identification card issued to the
18applicant.
19    (b) Beginning on or before July 1, 2015, for each original
20or renewal identification card application under this Act, the
21Secretary shall inquire as to whether the applicant is a
22veteran for purposes of issuing an identification card with a
23veteran designation under subsection (c-5) of Section 4 of
24this Act. The acceptable forms of proof shall include, but are
25not limited to, Department of Defense form DD-214, Department
26of Defense form DD-256 for applicants who did not receive a

 

 

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1form DD-214 upon the completion of initial basic training,
2Department of Defense form DD-2 (Retired), an identification
3card issued under the federal Veterans Identification Card Act
4of 2015, or a United States Department of Veterans Affairs
5summary of benefits letter. If the document cannot be stamped,
6the Illinois Department of Veterans Veterans' Affairs shall
7provide a certificate to the veteran to provide to the
8Secretary of State. The Illinois Department of Veterans
9Veterans' Affairs shall advise the Secretary as to what other
10forms of proof of a person's status as a veteran are
11acceptable.
12    For each applicant who is issued an identification card
13with a veteran designation, the Secretary shall provide the
14Department of Veterans Veterans' Affairs with the applicant's
15name, address, date of birth, gender, and such other
16demographic information as agreed to by the Secretary and the
17Department. The Department may take steps necessary to confirm
18the applicant is a veteran. If after due diligence, including
19writing to the applicant at the address provided by the
20Secretary, the Department is unable to verify the applicant's
21veteran status, the Department shall inform the Secretary, who
22shall notify the applicant that he or she must confirm status
23as a veteran, or the identification card will be canceled
24cancelled.
25    For purposes of this subsection (b):
26    "Armed forces" means any of the Armed Forces of the United

 

 

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1States, including a member of any reserve component or
2National Guard unit.
3    "Veteran" means a person who has served in the armed
4forces and was discharged or separated under honorable
5conditions.
6    (b-1) An applicant who is eligible for Gold Star license
7plates under Section 3-664 of the Illinois Vehicle Code may
8apply for an identification card with space for a designation
9as a Gold Star Family. The Secretary may waive any fee for this
10application. If the Secretary does not waive the fee, any fee
11charged to the applicant must be deposited into the Illinois
12Veterans Assistance Fund. The Secretary is authorized to issue
13rules to implement this subsection.
14    (c) All applicants for REAL ID compliant standard Illinois
15Identification Cards and Illinois Person with a Disability
16Identification Cards shall provide proof of lawful status in
17the United States as defined in 6 CFR 37.3, as amended.
18Applicants who are unable to provide the Secretary with proof
19of lawful status are ineligible for REAL ID compliant
20identification cards under this Act.
21    (d) The Secretary of State may accept, as proof of date of
22birth and written signature for any applicant for a standard
23identification card who does not have a social security number
24or documentation issued by the United States Department of
25Homeland Security authorizing the applicant's presence in this
26country, any passport validly issued to the applicant from the

 

 

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1applicant's country of citizenship or a consular
2identification document validly issued to the applicant by a
3consulate of that country as defined in Section 5 of the
4Consular Identification Document Act. Any such documents must
5be either unexpired or presented by an applicant within 2
6years of its expiration date.
7(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
8103-888, 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
12furnish information as to whether a person has a current
13Standard Illinois Identification Card or an Illinois Person
14with a Disability Identification Card then on file, upon
15receipt of a written application therefor accompanied with the
16prescribed fee. However, the Secretary may not disclose
17medical information concerning an individual to any person,
18public agency, private agency, corporation or governmental
19body unless the individual has submitted a written request for
20the information or unless the individual has given prior
21written consent for the release of the information to a
22specific person or entity. This exception shall not apply to:
23(1) offices and employees of the Secretary who have a need to
24know the medical information in performance of their official
25duties, or (2) orders of a court of competent jurisdiction.

 

 

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1When medical information is disclosed by the Secretary in
2accordance with the provisions of this Section, no liability
3shall rest with the Office of the Secretary of State as the
4information is released for informational purposes only.
5    (b) Except as otherwise provided in this Section, the
6Secretary may release personally identifying information only
7to:
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
24Secretary may release highly restricted personal information
25only 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
13for an identification card to prove the applicant's identity
14(name and date of birth), social security number or lack of a
15social security number, written signature, residency, and, as
16applicable, citizenship and immigration status and country of
17citizenship shall be confidential and shall not be disclosed
18except 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
6security number or any associated information obtained from
7the Social Security Administration without the written request
8or consent of the individual except: (i) to officers and
9employees of the Secretary who have a need to know the social
10security number in the performance of their official duties;
11(ii) except as restricted by subsections (g) and (h) to law
12enforcement officials for a civil or criminal law enforcement
13investigation if an officer of the law enforcement agency has
14made a written request to the Secretary specifying the law
15enforcement investigation for which the social security number
16is being sought; (iii) under a lawful court order signed by a
17judge; (iv) to the Illinois Department of Veterans Veterans'
18Affairs for the purpose of confirming veteran status to
19agencies in other states responsible for the issuance of state
20identification cards for participation in State-to-State
21verification service; or (v) the last 4 digits to the Illinois
22State Board of Elections for purposes of voter registration
23and as may be required pursuant to an agreement for a
24multi-state voter registration list maintenance system. The
25Secretary retains the right to require additional verification
26regarding the validity of a request from law enforcement. If

 

 

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1social security information is disclosed by the Secretary in
2accordance with this Section, no liability shall rest with the
3Office of the Secretary of State or any of its officers or
4employees, as the information is released for official
5purposes only.
6    (f) The Secretary of State shall not provide facial
7recognition search services or photographs obtained in the
8process of issuing an identification card to any federal,
9State, or local law enforcement agency or other governmental
10entity for the purpose of enforcing federal immigration laws.
11This subsection shall not apply to requests from federal,
12State, or local law enforcement agencies or other governmental
13entities for facial recognition search services or photographs
14obtained in the process of issuing a driver's license or
15permit when the purpose of the request relates to criminal
16activity other than violations of immigration laws.
17    (g) Notwithstanding any other provision of law, the
18Secretary may not release highly restricted personal
19information or personally identifying information or disclose
20documents described in subsection (d) to any immigration
21agent, as defined in Section 10 of the Illinois TRUST Act,
22unless necessary to comply with the following, to the extent
23that production of such information or documents is
24specifically 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
6subpoena, the Secretary shall disclose only those documents or
7information specifically requested. Within 3 business days of
8receiving such a court order, warrant, or subpoena, the
9Secretary shall send a notification to the individual about
10whom such information was requested that a court order,
11warrant, or subpoena was received and the identity of the
12entity that presented the court order, warrant, or subpoena.
13    (h) The Secretary shall not enter into or maintain any
14agreement regarding the sharing of any highly restricted
15personal information or personally identifying information or
16documents described in subsection (d) unless all other parties
17to such agreement certify that the information obtained will
18not be used for civil immigration purposes or knowingly
19disseminated to any third party for any purpose related to
20civil 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
23amended by changing Sections 5-15, 5-20, 5-190, and 5-420 as
24follows:
 

 

 

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1    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
2    Sec. 5-15. Departments of State government. The
3Departments 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
5have an officer as its head who shall be known as director or
6secretary and who shall, subject to the provisions of the
7Civil Administrative Code of Illinois, execute the powers and
8discharge the duties vested by law in his or her respective
9department.
10    The following officers are hereby created:
11    Director of Aging, for the Department on Aging.
12    Director of Agriculture, for the Department of
13Agriculture.
14    Director of Central Management Services, for the
15Department of Central Management Services.
16    Director of Children and Family Services, for the
17Department of Children and Family Services.
18    Director of Commerce and Economic Opportunity, for the
19Department of Commerce and Economic Opportunity.
20    Director of Corrections, for the Department of
21Corrections.
22    Director of the Illinois Emergency Management Agency, for
23the Illinois Emergency Management Agency.
24    Secretary of Early Childhood, for the Department of Early
25Childhood.

 

 

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1    Director of Employment Security, for the Department of
2Employment Security.
3    Secretary of Financial and Professional Regulation, for
4the Department of Financial and Professional Regulation.
5    Director of Healthcare and Family Services, for the
6Department of Healthcare and Family Services.
7    Director of Human Rights, for the Department of Human
8Rights.
9    Secretary of Human Services, for the Department of Human
10Services.
11    Secretary of Innovation and Technology, for the Department
12of Innovation and Technology.
13    Director of Insurance, for the Department of Insurance.
14    Director of Juvenile Justice, for the Department of
15Juvenile Justice.
16    Director of Labor, for the Department of Labor.
17    Director of the Lottery, for the Department of the
18Lottery.
19    Director of Natural Resources, for the Department of
20Natural Resources.
21    Director of Public Health, for the Department of Public
22Health.
23    Director of Revenue, for the Department of Revenue.
24    Director of the Illinois State Police, for the Illinois
25State Police.
26    Secretary of Transportation, for the Department of

 

 

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1Transportation.
2    Director of Veterans Veterans' Affairs, for the Department
3of 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'
7Affairs. 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'
11Affairs. For terms beginning on or after January 16, 2023, the
12Director of Veterans Veterans' Affairs shall receive an annual
13salary of $200,000 or as set by the Governor, whichever is
14higher. On July 1, 2023, and on each July 1 thereafter, the
15Director shall receive an increase in salary based on a cost of
16living adjustment as authorized by Senate Joint Resolution 192
17of the 86th General Assembly.
18    For terms beginning on or after January 16, 2023, the
19Assistant Director of Veterans Veterans' Affairs shall receive
20an annual salary of $170,000 or as set by the Governor,
21whichever is higher. On July 1, 2023, and on each July 1
22thereafter, the Assistant Director shall receive an increase
23in salary based on a cost of living adjustment as authorized by
24Senate 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
3changing 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
7consumers over the age of 60 residing in facilities licensed
8or regulated under the Nursing Home Care Act, Skilled Nursing
9and Intermediate Care Facilities Code, Sheltered Care
10Facilities Code, and the Illinois Veterans' Homes Code receive
11high quality long-term care through an effective Illinois
12Long-Term Care Council.
13    (b) Maintenance and operation of the Illinois Long-Term
14Care 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
7Ombudsman, area agencies on aging, regional long-term care
8ombudsman programs, and provider agencies. The State Long-Term
9Care Ombudsman and each area agency on aging, regional
10long-term care ombudsman program, and provider agency shall
11solicit names and recommend members to the Department for
12appointment to the Illinois Long-Term Care Council.
13    (d) Powers and duties. The Illinois Long-Term Care Council
14shall 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
14Council shall be composed of at least 18 but not more than 25
15members concerned about the quality of life in long-term care
16facilities and protecting the rights of residents, including
17members from long-term care facilities. The State Long-Term
18Care Ombudsman shall be a permanent member of the Long-Term
19Care Council. Members shall be appointed for a 4-year term
20with initial appointments staggered with 2-year, 3-year, and
214-year terms. A lottery will determine the terms of office for
22the members of the first term. Members may be reappointed to a
23term but no member may be reappointed to more than 2
24consecutive terms. The Illinois Long-Term Care Council shall
25meet a minimum of 3 times per calendar year.
26    (f) Member requirements. All members shall be individuals

 

 

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1who have demonstrated concern about the quality of life in
2long-term care facilities. A minimum of 3 members must be
3current or former residents of long-term care facilities or
4the family member of a current or former resident of a
5long-term care facility. A minimum of 2 members shall
6represent current or former long-term care facility resident
7councils or family councils. A minimum of 4 members shall be
8selected from recommendations by organizations whose members
9consist of long-term care facilities. A representative of
10long-term care facility employees must also be included as a
11member. A minimum of 2 members shall be selected from
12recommendations of membership-based senior advocacy groups or
13consumer organizations that engage solely in legal
14representation on behalf of residents and immediate families.
15There shall be non-voting State agency members on the
16Long-Term Care Council from the following agencies: (i) the
17Department of Veterans Veterans' Affairs; (ii) the Department
18of Human Services; (iii) the Department of Public Health; (iv)
19the Department on Aging; (v) the Department of Healthcare and
20Family Services; (vi) the Office of the Attorney General
21Medicaid 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
2investigate, analyze, and study the health, housing,
3financial, psychosocial, home-and-community-based services,
4assisted living, and long-term care needs of LGBTQ older
5adults and their caregivers. The Commission shall make
6recommendations to improve access to benefits, services, and
7supports for LGBTQ older adults and their caregivers. The
8Commission, in formulating its recommendations, shall take
9into account the best policies and practices in other states
10and 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.

 

 

HB2547 Enrolled- 42 -LRB104 09526 KTG 19589 b

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
23for its organization and procedure, including selection of the
24chairperson and vice-chairperson. A majority of the Commission
25shall constitute a quorum for the transaction of business.
26Administrative and other support for the Commission shall be

 

 

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1provided by the Department. Any State agency under the
2jurisdiction of the Governor shall provide testimony and
3information 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
23institution of higher education in Illinois to compile the
24reports 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
3Illinois 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
7overnight tent and trailer campsites and to provide suitable
8housing facilities for student and juvenile overnight camping
9groups. The Department of Natural Resources may regulate, by
10administrative order, the fees to be charged for tent and
11trailer camping units at individual park areas based upon the
12facilities available.
13    (b) However, for campsites with access to showers or
14electricity, any Illinois resident who is age 62 or older or
15has a Class 2 disability as defined in Section 4A of the
16Illinois Identification Card Act shall be charged only
17one-half of the camping fee charged to the general public
18during the period Monday through Thursday of any week and
19shall be charged the same camping fee as the general public on
20all other days. For campsites without access to showers or
21electricity, no camping fee authorized by this Section shall
22be charged to any resident of Illinois who has a Class 2
23disability as defined in Section 4A of the Illinois
24Identification Card Act. For campsites without access to

 

 

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1showers or electricity, no camping fee authorized by this
2Section shall be charged to any resident of Illinois who is age
362 or older for the use of a campsite unit during the period
4Monday through Thursday of any week. No camping fee authorized
5by this Section shall be charged to any resident of Illinois
6who is a veteran with a disability or a former prisoner of war,
7as defined in Section 5 of the Department of Veterans
8Veterans' Affairs Act. No camping fee authorized by this
9Section shall be charged to any resident of Illinois after
10returning from service abroad or mobilization by the President
11of the United States as an active duty member of the United
12States Armed Forces, the Illinois National Guard, or the
13Reserves of the United States Armed Forces for the amount of
14time that the active duty member spent in service abroad or
15mobilized if the person applies for a pass with the Department
16within 2 years after returning and provides acceptable
17verification of service or mobilization to the Department. Any
18portion of a year that the active duty member spent in service
19abroad or mobilized shall count as a full year. The procedure
20by which a person may provide to the Department verification
21of service abroad or mobilization by the President of the
22United States shall be set by administrative rule.
23Nonresidents shall be charged the same fees as are authorized
24for the general public regardless of age. The Department shall
25provide by regulation for suitable proof of age, or either a
26valid driver's license or a "Golden Age Passport" issued by

 

 

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1the federal government shall be acceptable as proof of age.
2The Department shall further provide by regulation that notice
3of these reduced admission fees be posted in a conspicuous
4place and manner.
5    Reduced fees authorized in this Section shall not apply to
6any charge for utility service.
7    For the purposes of this Section, "acceptable verification
8of service or mobilization" means official documentation from
9the Department of Defense or the appropriate Major Command
10showing mobilization dates or service abroad dates, including:
11(i) a DD-214, (ii) a letter from the Illinois Department of
12Military Affairs for members of the Illinois National Guard,
13(iii) a letter from the Regional Reserve Command for members
14of the Armed Forces Reserve, (iv) a letter from the Major
15Command covering Illinois for active duty members, (v)
16personnel records for mobilized State employees, and (vi) any
17other documentation that the Department, by administrative
18rule, deems acceptable to establish dates of mobilization or
19service abroad.
20    For the purposes of this Section, the term "service
21abroad" means active duty service outside of the 50 United
22States and the District of Columbia, and includes all active
23duty service in territories and possessions of the United
24States.
25    (c) To promote State campground use and Illinois State
26Fair attendance, the Department shall waive the camping fees

 

 

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1for up to 2 nights of camping at Jim Edgar Panther Creek State
2Fish and Wildlife Area, Sangchris Lake State Park, or
3Lincoln's New Salem State Historic Site during the period from
4August 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
13a first-come, first-served basis for a maximum of 40 sites at
14each of the 3 identified State campgrounds. Fees for utility
15service are not subject to waiver. Waivers under this
16subsection (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
19amended by changing Section 1-80 as follows:
 
20    (20 ILCS 1305/1-80)
21    Sec. 1-80. Homeless services and supportive housing;
22veterans data. The Department's Bureau of Homeless Services
23and Supportive Housing within the Office of Family Support
24Services shall annually review and collect data on the number

 

 

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1of military veterans receiving services or benefits under the
2Emergency and Transitional Housing Program, the Emergency Food
3Program, the Homeless Prevention Program, the Supporting
4Housing Program, and the Prince Home at Manteno administered
5by the Department of Veterans Veterans' Affairs. The Bureau
6may request and receive the cooperation of the Department of
7Veterans Veterans' Affairs and any other State agency that is
8relevant to the collection of the data required under this
9Section. The Bureau shall annually submit to the General
10Assembly a written report that details the number of military
11veterans served under each program no later than December 31,
122023 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
15changing 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
19scratch-off game for the benefit of Illinois veterans. The
20game shall commence on January 1, 2006 or as soon thereafter,
21at the discretion of the Director, as is reasonably practical.
22The operation of the game shall be governed by this Act and any
23rules adopted by the Department.
24    (b) The Illinois Veterans Assistance Fund is created as a

 

 

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1special fund in the State treasury. The net revenue from the
2Illinois veterans scratch-off game shall be deposited into the
3Fund for appropriation by the General Assembly solely to the
4Department of Veterans Veterans' Affairs for making grants,
5funding additional services, or conducting additional research
6projects 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,
23beginning with moneys appropriated for fiscal year 2008, the
24Director of Veterans Veterans' Affairs shall appoint a
253-member funding authorization committee. The Director shall
26designate one of the members as chairperson. The committee

 

 

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1shall meet on a quarterly basis, at a minimum, and shall
2authorize expenditure of moneys from the special fund by a
3two-thirds vote. Decisions of the committee shall not take
4effect unless and until approved by the Director of Veterans
5Veterans' Affairs. Each member of the committee shall serve
6until a replacement is named by the Director of Veterans
7Veterans' Affairs. One member of the committee shall be a
8member of the Veterans' Advisory Council.
9    Moneys collected from the special instant scratch-off game
10shall be used only as a supplemental financial resource and
11shall not supplant existing moneys that the Department of
12Veterans Veterans' Affairs may currently expend for the
13purposes set forth in items (i) through (v).
14    Moneys received for the purposes of this Section,
15including, without limitation, net revenue from the special
16instant scratch-off game and from gifts, grants, and awards
17from any public or private entity, must be deposited into the
18Fund. Any interest earned on moneys in the Fund must be
19deposited into the Fund.
20    As used in this subsection, "net revenue" means the total
21amount for which tickets have been sold less the sum of the
22amount paid out in the prizes and to retailers, and direct and
23estimated administrative expenses of the Department solely
24related to the scratch-off game under this Section.
25    (c) During the time that tickets are sold for the Illinois
26veterans scratch-off game, the Department shall not

 

 

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1unreasonably diminish the efforts devoted to marketing any
2other instant scratch-off lottery game.
3    (d) The Department may adopt any rules necessary to
4implement 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
7Duties Law of the Civil Administrative Code of Illinois is
8amended 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
12following:
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
17an education and outreach campaign, in addition to its overall
18effort to prevent infectious disease in Illinois, in order to
19raise awareness about and promote prevention of hepatitis.
20    (c) Subject to appropriation, in addition to the education
21and outreach campaign provided in subsection (b), the
22Department shall develop and make available to physicians,
23other health care providers, members of the armed services,
24and other persons subject to an increased risk of contracting
25hepatitis, educational materials, in written and electronic
26forms, on the diagnosis, treatment, and prevention of the

 

 

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1disease. These materials shall include the recommendations of
2the federal Centers for Disease Control and Prevention and any
3other persons or entities determined by the Department to have
4particular expertise on hepatitis, including the American
5Liver Foundation. These materials shall be written in terms
6that are understandable by members of the general public.
7    (d) The Department shall establish an Advisory Council on
8Hepatitis to develop a hepatitis prevention plan. The
9Department shall specify the membership, members' terms,
10provisions for removal of members, chairmen, and purpose of
11the Advisory Council. The Advisory Council shall consist of
12one representative from each of the following State agencies
13or 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
23organizations and advocates in the State of Illinois,
24including, but not limited to, the American Liver Foundation.
25The Director shall also appoint interested members of the
26public, including consumers and providers of health services

 

 

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1and representatives of local public health agencies, to
2provide recommendations and information to the members of the
3Advisory Council. Members of the Advisory Council shall serve
4on a voluntary, unpaid basis and are not entitled to
5reimbursement for mileage or other costs they incur in
6connection with performing their duties.
7(Source: P.A. 102-538, eff. 8-20-21.)
 
8    Section 85. The Department of Veterans' Affairs Act is
9amended by changing the title of the Act and Sections 0.01, 1,
101.5, 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
13Affairs (formerly the Illinois Department of Veterans'
14Affairs).
 
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
17Department of Veterans Affairs Act (formerly the Department of
18Veterans' 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
22Veterans Affairs (formerly the Illinois Department of

 

 

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1Veterans' Affairs). The Department is the successor agency to
2the 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
7Veterans' Affairs.
8    "Veterans Home", unless the context indicates otherwise,
9means any or all of the Illinois Veterans Homes operated and
10maintained by the Department. "Veterans Home" includes a
11facility operated and maintained by the Department in the City
12of Quincy that provides housing to residents of the Veterans
13Home 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
18any disease caused by a living organism or other pathogen,
19including a fungus, bacteria, parasite, protozoan, prion, or
20virus, that has a history of or potential for a significant
21mortality rate among elderly or vulnerable populations,
22including, but not limited to, strains of influenza,
23Legionnaires' disease, and pneumonia.
24    (b) If a Veterans Home administrator or a member of the

 

 

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1administrative staff is notified that, within one month or
2less, 2 or more persons residing within the Veterans Home are
3diagnosed with an infectious disease by a physician licensed
4to practice medicine in all its branches; a hospital licensed
5under the Hospital Licensing Act or organized under the
6University of Illinois Hospital Act; a long-term care facility
7licensed under the Nursing Home Care Act; a freestanding
8emergency center licensed under the Emergency Medical Services
9(EMS) Systems Act; a local health department; or any other
10State agency or government entity, then, within 24 hours after
11the facility is notified of the second diagnosis, the Veterans
12Home 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).
24In addition to the initial written notifications, the Veterans
25Home must provide written notifications of any updates on the
26incidence of the infectious disease and any options that are

 

 

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1available to the residents.
2    The Department of Veterans Veterans' Affairs and the
3Department of Public Health must post the notification of the
4incidence of the infectious disease, any updates, and any
5options that are available to the residents on their websites
6as soon as practicable after receiving the notification, but
7in no event shall the notice be posted later than the end of
8the 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
12Treasury special funds known as (i) the LaSalle Veterans Home
13Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
14Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
15All moneys received by an Illinois Veterans Home from Medicare
16and from maintenance charges to veterans, spouses, and
17surviving spouses residing at that Home shall be paid into
18that Home's Fund. All moneys received from the U.S. Department
19of Veterans Affairs for patient care shall be transmitted to
20the Treasurer of the State for deposit in the Veterans Home
21Fund for the Home in which the veteran resides. Appropriations
22shall be made from a Fund only for the needs of the Home,
23including capital improvements, building rehabilitation, and
24repairs. The Illinois Veterans' Homes Fund shall be the
25Veterans Home Fund for the Illinois Veterans Home at Chicago.

 

 

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1    The administrator of each Veterans Home shall establish a
2locally held member's benefits fund. The Director may
3authorize the Veterans Home to conduct limited fundraising in
4accordance with applicable laws and regulations for which the
5sole purpose is to benefit the Veterans Home's member's
6benefits fund. Revenues accruing to an Illinois Veterans Home,
7including any donations, grants for the operation of the Home,
8profits from commissary stores, and funds received from any
9individual or other source, including limited fundraising,
10shall be deposited into that Home's benefits fund.
11Expenditures from the benefits funds shall be solely for the
12special comfort, pleasure, and amusement of residents.
13Contributors of unsolicited private donations may specify the
14purpose for which the private donations are to be used.
15    Upon request of the Department, the State's Attorney of
16the county in which a resident or living former resident of an
17Illinois Veterans Home who is liable under this Act for
18payment of sums representing maintenance charges resides shall
19file an action in a court of competent jurisdiction against
20any such person who fails or refuses to pay such sums. The
21court may order the payment of sums due to maintenance charges
22for such period or periods of time as the circumstances
23require.
24    Upon the death of a person who is or has been a resident of
25an Illinois Veterans Home who is liable for maintenance
26charges and who is possessed of property, the Department may

 

 

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1present a claim for such sum or for the balance due in case
2less than the rate prescribed under this Act has been paid. The
3claim shall be allowed and paid as other lawful claims against
4the estate.
5    The administrator of each Veterans Home shall establish a
6locally held trust fund to maintain moneys held for residents.
7Whenever the Department finds it necessary to preserve order,
8preserve health, or enforce discipline, the resident shall
9deposit in a trust account at the Home such monies from any
10source of income as may be determined necessary, and
11disbursement of these funds to the resident shall be made only
12by direction of the administrator.
13    If a resident of an Illinois Veterans Home has a dependent
14child, spouse, or parent the administrator may require that
15all monies received be deposited in a trust account with
16dependency contributions being made at the direction of the
17administrator. The balance retained in the trust account shall
18be disbursed to the resident at the time of discharge from the
19Home or to his or her heirs or legal representative at the time
20of the resident's death, subject to Department regulations or
21order of the court.
22    The Director of Central Management Services, with the
23consent of the Director of Veterans Veterans' Affairs, is
24authorized and empowered to lease or let any real property
25held by the Department of Veterans Veterans' Affairs for an
26Illinois Veterans Home to entities or persons upon terms and

 

 

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1conditions which are considered to be in the best interest of
2that Home. The real property must not be needed for any direct
3or immediate purpose of the Home. In any leasing or letting,
4primary consideration shall be given to the use of real
5property for agricultural purposes, and all moneys received
6shall be transmitted to the Treasurer of the State for deposit
7in the appropriate Veterans Home Fund.
8    Each administrator of an Illinois Veterans Home who has an
9established locally held member's benefits fund shall prepare
10and submit to the Department a monthly report of all donations
11received, including donations of a nonmonetary nature. The
12report shall include the end of month balance of the locally
13held 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
17there is a conflict between the provisions of this Act and the
18provisions of the Nursing Home Care Act concerning an Illinois
19Veterans Home not operated by the Department of Veterans
20Veterans' Affairs, then the provisions of the Nursing Home
21Care Act shall apply. If there is a conflict between the
22provisions of this Act and the provisions of the Nursing Home
23Care Act concerning an Illinois Veterans Home operated by the
24Illinois Department of Veterans Veterans' Affairs, then the
25provisions 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
4resident of Illinois shall be exempt from all camping and
5admission fees in parks under the control of the Department of
6Natural Resources. For the purpose of this subsection (a), a
7resident veteran with a disability is one who has a permanent
8disability from service connected causes with 100% disability
9or one who has permanently lost the use of a leg or both legs
10or an arm or both arms or any combination thereof or any person
11who has a disability so severe as to be unable to move without
12the aid of crutches or a wheelchair. The Department shall
13issue free use permits to those eligible veterans. To
14establish eligibility, the veteran shall present an award
15letter or some other identifying disability document, together
16with proper identification, to any office of the Department.
17Subject to the approval of the Department of Natural
18Resources, the Department of Veterans Veterans' Affairs shall
19establish the form or permit identifier to be issued.
20    (b) Every veteran who is a resident of Illinois and a
21former prisoner of war shall be exempt from all camping and
22admission fees in parks under the control of the Department of
23Natural Resources. For the purposes of this subsection (b), a
24former prisoner of war is a veteran who was taken and held
25prisoner by a hostile foreign force while participating in an

 

 

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1armed conflict as a member of the United States armed forces.
2Any identification card or other form of identification issued
3by the Veterans' Administration or other governmental agency
4which indicates the card-holder's former prisoner of war
5status shall be sufficient to accord such card-holder the
6fee-exempt admission or camping privileges under this
7subsection.
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
12the State of Illinois. The council shall consist of at least 21
13members 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
13representative of the Department of Veterans Veterans'
14Affairs.
15    Members of the council shall serve without compensation or
16reimbursement.
17    (b) At the initial meeting of the council, the members
18shall elect from among themselves a chairman. The members
19shall draw lots to determine the length of their terms so that
209 members have terms that expire on July 1, 2005 and the
21remaining members have terms that expire on July 1, 2006.
22Thereafter, all members of the council shall be appointed for
23terms of 2 years.
24    The appointing authority may at any time make an
25appointment to fill a vacancy for the unexpired term of a
26member.

 

 

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1    (c) The council shall meet quarterly or at the call of the
2chairman or at the call of the Director of Veterans Veterans'
3Affairs or the Governor. The Department shall provide meeting
4space and clerical and administrative support services for the
5council.
6    (c-5) The council shall investigate the re-entry process
7for service members who return to civilian life after being
8engaged in an active theater. The investigation shall include
9the effects of post-traumatic stress disorder, homelessness,
10disabilities, and other issues the council finds relevant to
11the re-entry process. By July 1, 2018 and by July 1 of each
12year thereafter, the council shall present an annual report of
13its findings to the Governor, the Attorney General, the
14Director of Veterans Veterans' Affairs, the Lieutenant
15Governor, and the Secretary of the United States Department of
16Veterans Affairs. The council's investigation and annual
17report responsibilities of this subsection shall be a
18continuation of the investigation and annual report
19responsibilities of the Illinois Discharged Servicemembers
20Task 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
11any Illinois Veterans Advisory Council established under
12Executive 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
17goodwill" for those who serve in uniform is one of the greatest
18challenges that transitioning veterans face; as a result, they
19risk being unable to access many of the federal, State, and
20non-profit resources available to them. Recognizing this
21problem, the Department of Veterans' Affairs (now the
22Department of Veterans Affairs) and the Department of Military
23Affairs acted to establish the Illinois Joining Forces
24initiative, a public-private network of military and
25veteran-serving organizations that are working together, in

 

 

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1person and online, to create a system of support for the
2State's military and veteran communities. Illinois Joining
3Forces is a nation-leading model, awarded by the U.S.
4Department of Veterans Affairs and the National Association of
5State Directors of Veterans Affairs for its groundbreaking
6work in creating smarter, collaborative community support for
7those in uniform, past and present. The foundation created by
8this amendatory Act of the 98th General Assembly will serve to
9ensure the long-term sustainability of Illinois Joining
10Forces, which is critically important for the support of the
11State's military and veteran communities.
12    (b) The Illinois Joining Forces Foundation shall benefit
13service 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
25organization" means an organization that meets all of the
26following 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
15Veterans' Affairs (now the Department of Veterans Affairs), in
16accordance with Section 10 of the State Agency Entity Creation
17Act, to create the Illinois Joining Forces Foundation as a
18not-for-profit foundation. The Department shall file articles
19of incorporation as required under the General Not For Profit
20Corporation Act of 1986 to create the Foundation.
21    The Foundation's Board of Directors shall be appointed as
22follows: one member appointed by the Governor; one member
23appointed by the President of the Senate; one member appointed
24by the Minority Leader of the Senate; one member appointed by
25the Speaker of the House of Representatives; and one member
26appointed by the Minority Leader of the House of

 

 

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1Representatives.
2    The Foundation may also include up to 18 additional voting
3members of the Board of Directors: up to 9 members to be
4nominated and approved by the Board of Directors according to
5the Foundation's bylaws, and up to 9 members to be appointed by
6the Director of Veterans' Affairs (now the Director of
7Veterans Affairs) or the Director of Military Affairs. The
8Board shall have an equal number of board or department
9appointed members. To ensure parity, no additional nominee may
10be considered by the Board of Directors unless a like
11appointment is made by the Department of Veterans' Affairs
12(now the Department of Veterans Affairs) or the Department of
13Military Affairs, and vice versa.
14     In addition to any veterans service organization
15otherwise represented on the Board of Directors, a veterans
16service organization may designate in writing an ex officio,
17non-voting participant to the Board of Directors. Any veterans
18service organization appointee under this provision does not
19count towards a quorum.
20    The Director of Veterans' Affairs (now the Director of
21Veterans Affairs), or the Director's designee, and a designee
22chosen by the Director of Military Affairs who is a senior
23management official of the Department of Military Affairs with
24the authority to make decisions on behalf of the agency shall
25serve as members of the Foundation's Board of Directors. Board
26of Director appointments shall be for 2-year terms. Vacancies

 

 

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1shall be filled by the official who made the statutory
2appointment. No member of the Board of Directors may receive
3compensation for his or her services to the Foundation. Upon
4appointment, the Board of Directors, as members of a public
5entity, shall be represented and indemnified pursuant to the
6requirements of the State Employee Indemnification Act.
7    (e) The purposes of the Foundation are to: promote,
8support, assist, and sustain Illinois Joining Forces
9operations; solicit and accept grants and private donations
10and disburse them for the stated intent of the Foundation or
11the private donor; solicit and generate public and private
12funding and donations that assist in enhancing the Illinois
13Joining Forces mission, services, programs, and operations;
14and engage generally in other lawful endeavors consistent with
15the foregoing purposes. The foundation shall operate within
16the provisions of the General Not For Profit Corporation Act
17of 1986.
18    (f) The Board of Directors shall meet, organize, and
19designate, by majority vote, a chairperson, a treasurer, a
20secretary, and any additional officers that may be needed to
21carry out the activities of the Foundation and shall adopt
22bylaws of the Foundation. In consultation with the
23Foundation's Board of Directors, the Department of Veterans'
24Affairs (now the Department of Veterans Affairs) or the
25Department of Military Affairs may provide assistance in
26adopting other rules deemed necessary to govern Foundation

 

 

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1procedures.
2    (g) The Foundation may request and accept gifts, grants,
3donations, or bequests from the federal government or its
4agencies or officers or from any person, firm, or corporation,
5and may expend receipts on activities that it considers
6suitable to the performance of its duties under this Section
7and consistent with any requirement of the grant, gift,
8donation, or bequest. Funds collected by the Foundation shall
9be considered private funds and shall be held in an
10appropriate account outside of the State treasury. Private
11funds collected by the Foundation are not subject to the
12Public Funds Investment Act. The treasurer of the Foundation
13shall be the custodian of all Foundation funds. The treasurer
14shall be required to obtain a fidelity or surety bond on
15satisfactory terms and in sufficient amounts to protect the
16interests of the Foundation, the cost of which shall be
17reimbursed by the Foundation. The Foundation and its officers
18shall be responsible for the approval of the recording of
19receipts, approval of payments, and the proper filing of
20required reports. The Foundation may be assisted in carrying
21out its functions by Department of Military Affairs and
22Department of Veterans' Affairs (now the Department of
23Veterans Affairs) personnel as determined by the respective
24Directors. The Department of Military Affairs and the
25Department of Veterans' Affairs (now the Department of
26Veterans Affairs) may provide reasonable assistance to the

 

 

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1Foundation to achieve the purposes of the Foundation as
2determined by the respective Directors. The Foundation shall
3cooperate fully with the boards, commissions, agencies,
4departments, and institutions of the State. The funds held and
5made available by the Illinois Joining Forces Foundation shall
6be subject to financial and compliance audits in accordance
7with the Illinois State Auditing Act. The Foundation shall not
8have any power of eminent domain. The Foundation shall not
9construct or make any permanent improvements to any real
10property.
11    (h) The Foundation must provide a written notice to any
12entity providing a gift, grant, donation, or bequest to the
13Foundation that the Foundation is not subject to the
14provisions of the Public Funds Investment Act, which Act
15places limitations on the types of securities in which a
16public agency may invest public funds.
17    (i) Notwithstanding any law to the contrary, the
18Foundation is not eligible for any grant administered by the
19Department of Veterans' Affairs (now the Department of
20Veterans Affairs) or the Department of Military Affairs, but
21may receive services, including, but not limited to,
22contractual 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
2Unit which shall receive complaints and recommendations from:
3(i) veterans and other Illinois residents who seek services
4from the Department; (ii) residents of Veterans' Homes, their
5families, and visitors; (iii) vendors and contractors of the
6Department; and (iv) staff of the Department.
7    (b) The Governor shall appoint, and the Senate shall
8confirm, the Director of the Veterans' Accountability Unit.
9The Director shall be appointed for a term of 4 years.
10    (c) The Director of the Veterans' Accountability Unit
11shall ensure that the Unit maintains regular office hours and
12establishes both a toll-free helpline and a dedicated
13electronic mail address for the purpose of accepting
14complaints, information, and recommendations. The Director
15shall provide a reasonable means for receiving complaints
16outside of office hours.
17    (d) The Veterans' Accountability Unit shall function
18independently of the Department. The salary and benefits of
19the Director of the Veterans' Accountability Unit and any
20other staff of the Unit, as deemed necessary by the Director,
21along with all other expenses of the Unit shall be paid from
22appropriations to the Department.
23    (e) The Director and staff of the Veterans' Accountability
24Unit shall have the authority to access the offices or
25facilities of the Department and the Veterans' Homes and shall
26have access to all information, documents, and personnel of

 

 

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1the Department as needed to perform the duties of the
2Veterans' Accountability Unit. It is the duty of every
3employee of the Department to cooperate with the Veterans'
4Accountability Unit. The Department shall provide the staff of
5the Veterans' Accountability Unit with physical space in each
6Department office and in each Veterans' Home to conduct
7confidential business as needed to perform the work of the
8Veterans' Accountability Unit.
9    (f) The Veterans' Accountability Unit shall ensure all
10complaints, allegations, or incidents of possible misconduct,
11misfeasance, malfeasance, or violations of rules, procedures,
12or laws by any employee, service provider, or contractor of
13the Department are reported to the Office of Executive
14Inspector General for the Agencies of the Illinois Governor.
15    (g) The Office of Executive Inspector General for the
16Agencies of the Illinois Governor shall assess the complaints,
17allegations, and incidents and shall determine whether to (i)
18investigate, (ii) refer to the appropriate agency, (iii) refer
19to any appropriate law enforcement agency, (iv) request a
20response from the Department to the complaint, allegations, or
21incident, or (v) refer to the Veterans' Accountability Unit to
22conduct further inquiry or review if necessary.
23    (h) The Director of the Veterans' Accountability Unit may
24recommend changes to the Director of Veterans Veterans'
25Affairs concerning Department policies or practices based upon
26information learned or observations made by the Veterans'

 

 

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1Accountability Unit staff during the course of its duties. The
2Director of the Veterans' Accountability Unit shall meet
3regularly with the Office of Executive Inspector General for
4the Agencies of the Illinois Governor to report this
5information to allow the Office to determine whether further
6investigation is necessary.
7    (i) The Veterans' Accountability Unit shall create an
8annual report that includes a summary of the complaints
9received and actions taken in response. This report shall not
10include any referrals to the Office of Executive Inspector
11General for the Agencies of the Illinois Governor that result
12in an investigation. The summaries shall not contain any
13confidential or identifying information concerning the
14subjects or complainants of the reports and investigations.
15    (j) Nothing in this Section shall limit investigations by
16the Department of Veterans Veterans' Affairs that may
17otherwise be required by law or that may be necessary in that
18Department's capacity as the central administrative authority
19on matters concerning services to veterans, their survivors,
20and dependents.
21(Source: P.A. 102-695, eff. 6-1-22.)
 
22    Section 90. The Illinois Health Facilities Planning Act is
23amended 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
3agency.
4    (a) For the purposes of this Section, "Department" means
5the Department of Veterans Veterans' Affairs.
6    (b) Except for the requirements set forth in subsection
7(c), any construction, modification, establishment, or change
8in categories of service of a health care facility funded
9through an appropriation from the General Assembly and
10maintained or operated by the Department is not subject to
11requirements of this Act. The Department is subject to this
12Act when the Department discontinues a health care facility or
13category of service.
14    (c) The Department must notify the Board in writing of any
15appropriation by the General Assembly for the construction,
16modification, establishment or change in categories of
17service, excluding discontinuation of a health care facility
18or categories of service, maintained or operated by the
19Department of Veterans Veterans' Affairs. The Department of
20Veterans Veterans' Affairs must include with the written
21notification the following information: (i) the estimated
22service capacity of the health care facility; (ii) the
23location of the project or the intended location if not
24identified by law; and (iii) the date the health care facility
25is estimated to be opened. The Department must also notify the
26Board in writing when the facility has been licensed by the

 

 

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1Department of Public Health or any other licensing body. The
2Department shall submit to the Board, on behalf of the health
3care facility, any annual facility questionnaires as defined
4in Section 13 of this Act or any requests for information by
5the Board.
6    (d) This Section is repealed 5 years after the effective
7date 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
10amended 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
14workforce innovation board under the federal Workforce
15Innovation and Opportunity Act, any amendments to that Act,
16and any other applicable federal statutes. The Board must also
17perform all other functions that are not inconsistent with the
18federal Workforce Innovation and Opportunity Act or this Act
19and that are assumed by the Board under its bylaws or assigned
20to it by the Governor.
21    (b) The Board must cooperate with the General Assembly and
22make recommendations to the Governor and the General Assembly
23concerning legislation necessary to improve upon statewide and
24local workforce development systems in order to increase

 

 

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1occupational skill attainment, employment, retention, or
2earnings of participants and thereby improve the quality of
3the workforce, reduce welfare dependency, and enhance the
4productivity and competitiveness of the State. The Board must
5annually submit a report to the General Assembly on the
6progress of the State in achieving state performance measures
7under the federal Workforce Innovation and Opportunity Act,
8including information on the levels of performance achieved by
9the State with respect to the core indicators of performance
10and the customer satisfaction indicator under that Act. The
11report must include any other items that the Governor may be
12required to report to the Secretary of the United States
13Department of Labor.
14    (b-5) The Board shall implement a method for measuring the
15progress of the State's workforce development system by using
16benchmarks specified in the federal Workforce Innovation and
17Opportunity Act.
18    The Board shall identify the most significant early
19indicators for each benchmark, establish a mechanism to
20collect data and track the benchmarks on an annual basis, and
21then use the results to set goals for each benchmark, to inform
22planning, and to ensure the effective use of State resources.
23    (c) Nothing in this Act shall be construed to require or
24allow the Board to assume or supersede the statutory authority
25granted to, or impose any duties or requirements on, the State
26Board of Education, the Board of Higher Education, the

 

 

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1Illinois Community College Board, any State agencies created
2under the Civil Administrative Code of Illinois, or any local
3education agencies.
4    (d) No actions taken by the Illinois Human Resource
5Investment Council before the effective date of this
6amendatory Act of the 92nd General Assembly and no rights,
7powers, duties, or obligations from those actions are impaired
8solely by this amendatory Act of the 92nd General Assembly.
9All actions taken by the Illinois Human Resource Investment
10Council before the effective date of this amendatory Act of
11the 92nd General Assembly are ratified and validated.
12    (e) Upon the effective date of this amendatory Act of the
13101st General Assembly, the Board shall conduct a feasibility
14study regarding the consolidation of all workforce development
15programs funded by the federal Workforce Innovation and
16Opportunity Act and conducted by the State of Illinois into
17one solitary agency to create greater access to job training
18for underserved populations. The Board shall utilize resources
19currently made available to them, including, but not limited
20to, partnering with institutions of higher education and those
21agencies currently charged with overseeing or administering
22workforce 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
3and 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
6Section 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
10for the fiscal year or for a lesser period if the Act making
11that appropriation so specifies. A deficiency or emergency
12appropriation shall be available for expenditure only through
13June 30 of the year when the Act making that appropriation is
14enacted unless that Act otherwise provides.
15    (b) Outstanding liabilities as of June 30, payable from
16appropriations which have otherwise expired, may be paid out
17of the expiring appropriations during the 2-month period
18ending at the close of business on August 31. Any service
19involving professional or artistic skills or any personal
20services by an employee whose compensation is subject to
21income tax withholding must be performed as of June 30 of the
22fiscal year in order to be considered an "outstanding
23liability as of June 30" that is thereby eligible for payment
24out of the expiring appropriation.

 

 

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1    (b-1) However, payment of tuition reimbursement claims
2under Section 14-7.03 or 18-3 of the School Code may be made by
3the State Board of Education from its appropriations for those
4respective purposes for any fiscal year, even though the
5claims reimbursed by the payment may be claims attributable to
6a prior fiscal year, and payments may be made at the direction
7of the State Superintendent of Education from the fund from
8which the appropriation is made without regard to any fiscal
9year limitations, except as required by subsection (j) of this
10Section. Beginning on June 30, 2021, payment of tuition
11reimbursement claims under Section 14-7.03 or 18-3 of the
12School Code as of June 30, payable from appropriations that
13have otherwise expired, may be paid out of the expiring
14appropriation during the 4-month period ending at the close of
15business 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,
23payable from appropriations that would otherwise expire at the
24conclusion of the lapse period for fiscal year 2020, and
25interest penalties payable on those liabilities under the
26State Prompt Payment Act, may be paid out of the expiring

 

 

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1appropriations until December 31, 2020, without regard to the
2fiscal year in which the payment is made, as long as vouchers
3for the liabilities are received by the Comptroller no later
4than September 30, 2020.
5    (b-2.6e) All outstanding liabilities as of June 30, 2021,
6payable from appropriations that would otherwise expire at the
7conclusion of the lapse period for fiscal year 2021, and
8interest penalties payable on those liabilities under the
9State Prompt Payment Act, may be paid out of the expiring
10appropriations until September 30, 2021, without regard to the
11fiscal year in which the payment is made.
12    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
13fiscal year thereafter, interest penalties payable under the
14State Prompt Payment Act associated with a voucher for which
15payment is issued after June 30 may be paid out of the next
16fiscal year's appropriation. The future year appropriation
17must be for the same purpose and from the same fund as the
18original payment. An interest penalty voucher submitted
19against a future year appropriation must be submitted within
2060 days after the issuance of the associated voucher, except
21that, for fiscal year 2018 only, an interest penalty voucher
22submitted against a future year appropriation must be
23submitted within 60 days of June 5, 2019 (the effective date of
24Public Act 101-10). The Comptroller must issue the interest
25payment within 60 days after acceptance of the interest
26voucher.

 

 

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1    (b-3) Medical payments may be made by the Department of
2Veterans Veterans' Affairs from its appropriations for those
3purposes for any fiscal year, without regard to the fact that
4the medical services being compensated for by such payment may
5have been rendered in a prior fiscal year, except as required
6by subsection (j) of this Section. Beginning on June 30, 2021,
7medical payments payable from appropriations that have
8otherwise expired may be paid out of the expiring
9appropriation during the 4-month period ending at the close of
10business on October 31.
11    (b-4) Medical payments and child care payments may be made
12by the Department of Human Services (as successor to the
13Department of Public Aid) from appropriations for those
14purposes for any fiscal year, without regard to the fact that
15the medical or child care services being compensated for by
16such payment may have been rendered in a prior fiscal year; and
17payments may be made at the direction of the Department of
18Healthcare and Family Services (or successor agency) from the
19Health Insurance Reserve Fund without regard to any fiscal
20year limitations, except as required by subsection (j) of this
21Section. Beginning on June 30, 2021, medical and child care
22payments made by the Department of Human Services and payments
23made at the discretion of the Department of Healthcare and
24Family Services (or successor agency) from the Health
25Insurance Reserve Fund and payable from appropriations that
26have otherwise expired may be paid out of the expiring

 

 

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1appropriation during the 4-month period ending at the close of
2business on October 31.
3    (b-5) Medical payments may be made by the Department of
4Human Services from its appropriations relating to substance
5abuse treatment services for any fiscal year, without regard
6to the fact that the medical services being compensated for by
7such payment may have been rendered in a prior fiscal year,
8provided the payments are made on a fee-for-service basis
9consistent with requirements established for Medicaid
10reimbursement by the Department of Healthcare and Family
11Services, except as required by subsection (j) of this
12Section. Beginning on June 30, 2021, medical payments made by
13the Department of Human Services relating to substance abuse
14treatment services payable from appropriations that have
15otherwise expired may be paid out of the expiring
16appropriation during the 4-month period ending at the close of
17business on October 31.
18    (b-6) (Blank).
19    (b-7) Payments may be made in accordance with a plan
20authorized by paragraph (11) or (12) of Section 405-105 of the
21Department of Central Management Services Law from
22appropriations for those payments without regard to fiscal
23year limitations.
24    (b-8) Reimbursements to eligible airport sponsors for the
25construction or upgrading of Automated Weather Observation
26Systems may be made by the Department of Transportation from

 

 

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1appropriations for those purposes for any fiscal year, without
2regard to the fact that the qualification or obligation may
3have occurred in a prior fiscal year, provided that at the time
4the expenditure was made the project had been approved by the
5Department of Transportation prior to June 1, 2012 and, as a
6result of recent changes in federal funding formulas, can no
7longer receive federal reimbursement.
8    (b-9) (Blank).
9    (c) Further, payments may be made by the Department of
10Public Health and the Department of Human Services (acting as
11successor to the Department of Public Health under the
12Department of Human Services Act) from their respective
13appropriations for grants for medical care to or on behalf of
14premature and high-mortality risk infants and their mothers
15and for grants for supplemental food supplies provided under
16the United States Department of Agriculture Women, Infants and
17Children Nutrition Program, for any fiscal year without regard
18to the fact that the services being compensated for by such
19payment may have been rendered in a prior fiscal year, except
20as required by subsection (j) of this Section. Beginning on
21June 30, 2021, payments made by the Department of Public
22Health and the Department of Human Services from their
23respective appropriations for grants for medical care to or on
24behalf of premature and high-mortality risk infants and their
25mothers and for grants for supplemental food supplies provided
26under the United States Department of Agriculture Women,

 

 

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1Infants and Children Nutrition Program payable from
2appropriations that have otherwise expired may be paid out of
3the expiring appropriations during the 4-month period ending
4at the close of business on October 31.
5    (d) The Department of Public Health and the Department of
6Human Services (acting as successor to the Department of
7Public Health under the Department of Human Services Act)
8shall each annually submit to the State Comptroller, Senate
9President, Senate Minority Leader, Speaker of the House, House
10Minority Leader, and the respective Chairmen and Minority
11Spokesmen of the Appropriations Committees of the Senate and
12the House, on or before December 31, a report of fiscal year
13funds used to pay for services provided in any prior fiscal
14year. This report shall document by program or service
15category those expenditures from the most recently completed
16fiscal year used to pay for services provided in prior fiscal
17years.
18    (e) The Department of Healthcare and Family Services, the
19Department of Human Services (acting as successor to the
20Department of Public Aid), and the Department of Human
21Services making fee-for-service payments relating to substance
22abuse treatment services provided during a previous fiscal
23year shall each annually submit to the State Comptroller,
24Senate President, Senate Minority Leader, Speaker of the
25House, House Minority Leader, the respective Chairmen and
26Minority Spokesmen of the Appropriations Committees of the

 

 

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1Senate and the House, on or before November 30, a report that
2shall document by program or service category those
3expenditures from the most recently completed fiscal year used
4to pay for (i) services provided in prior fiscal years and (ii)
5services for which claims were received in prior fiscal years.
6    (f) The Department of Human Services (as successor to the
7Department of Public Aid) shall annually submit to the State
8Comptroller, Senate President, Senate Minority Leader, Speaker
9of the House, House Minority Leader, and the respective
10Chairmen and Minority Spokesmen of the Appropriations
11Committees of the Senate and the House, on or before December
1231, a report of fiscal year funds used to pay for services
13(other than medical care) provided in any prior fiscal year.
14This report shall document by program or service category
15those expenditures from the most recently completed fiscal
16year used to pay for services provided in prior fiscal years.
17    (g) In addition, each annual report required to be
18submitted by the Department of Healthcare and Family Services
19under subsection (e) shall include the following information
20with 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
6Compensation Act, any utility bill for service provided to a
7General Assembly member's district office for a period
8including portions of 2 consecutive fiscal years may be paid
9from funds appropriated for such expenditure in either fiscal
10year.
11    (i) An agency which administers a fund classified by the
12Comptroller 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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1User agencies are authorized to reimburse internal service
2funds for catch-up billings by vouchers drawn against their
3respective appropriations for the fiscal year in which the
4catch-up billing was issued or by increasing an authorized
5inter-fund transfer during the current fiscal year. For the
6purposes of this Act, "inter-fund transfers" means transfers
7without the use of the voucher-warrant process, as authorized
8by Section 9.01 of the State Comptroller Act.
9    (i-1) Beginning on July 1, 2021, all outstanding
10liabilities, not payable during the 4-month lapse period as
11described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
12of this Section, that are made from appropriations for that
13purpose for any fiscal year, without regard to the fact that
14the services being compensated for by those payments may have
15been rendered in a prior fiscal year, are limited to only those
16claims that have been incurred but for which a proper bill or
17invoice as defined by the State Prompt Payment Act has not been
18received by September 30th following the end of the fiscal
19year in which the service was rendered.
20    (j) Notwithstanding any other provision of this Act, the
21aggregate amount of payments to be made without regard for
22fiscal year limitations as contained in subsections (b-1),
23(b-3), (b-4), (b-5), and (c) of this Section, and determined
24by using Generally Accepted Accounting Principles, shall not
25exceed 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
21Assistance 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
3shall be effective for payment of Medical Assistance bills
4incurred in fiscal year 2013 and future fiscal years. The
5changes to this Section made by Public Act 97-691 shall not be
6applied to Medical Assistance bills incurred in fiscal year
72012 or prior fiscal years.
8    (m) The Comptroller must issue payments against
9outstanding liabilities that were received prior to the lapse
10period deadlines set forth in this Section as soon thereafter
11as practical, but no payment may be issued after the 4 months
12following the lapse period deadline without the signed
13authorization of the Comptroller and the Governor.
14(Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21;
15102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
166-7-23.)
 
17    Section 105. The Illinois Procurement Code is amended by
18changing 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
22and encourage the continued economic development of small
23businesses owned and controlled by qualified veterans and that
24qualified 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
3process as both prime contractors and subcontractors. Not less
4than 3% of the total dollar amount of State contracts, as
5defined by the Commission on Equity and Inclusion, shall be
6established as a goal to be awarded to SDVOSB and VOSB. That
7portion of a contract under which the contractor subcontracts
8with a SDVOSB or VOSB may be counted toward the goal of this
9subsection. The Commission on Equity and Inclusion shall adopt
10rules to implement compliance with this subsection by all
11State agencies.
12    (b) Fiscal year reports. By each November 1, each chief
13procurement officer shall report to the Commission on Equity
14and Inclusion on all of the following for the immediately
15preceding fiscal year, and by each March 1 the Commission on
16Equity and Inclusion shall compile and report that information
17to 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
24an annual report to the Governor and the General Assembly that
25shall 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
17minimum of 2 outreach events per year to ensure that
18veteran-owned small businesses and service-disabled
19veteran-owned small businesses know about the procurement
20opportunities and certification requirements with the State.
21The Commission on Equity and Inclusion may receive
22appropriations for outreach.
23    (c) Yearly review and recommendations. Each year, each
24chief procurement officer shall review the progress of all
25State agencies under its jurisdiction in meeting the goal
26described in subsection (a), with input from statewide

 

 

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1veterans' service organizations and from the business
2community, including businesses owned by qualified veterans,
3and shall make recommendations to be included in the
4Commission on Equity and Inclusion's report to the General
5Assembly regarding continuation, increases, or decreases of
6the percentage goal. The recommendations shall be based upon
7the number of businesses that are owned by qualified veterans
8and on the continued need to encourage and promote businesses
9owned by qualified veterans.
10    (d) Governor's recommendations. To assist the State in
11reaching the goal described in subsection (a), the Governor
12shall recommend to the General Assembly changes in programs to
13assist businesses owned by qualified veterans.
14    (e) Definitions. As used in this Section:
15    "Armed forces of the United States" means the United
16States Army, Navy, Air Force, Space Force, Marine Corps, Coast
17Guard, or service in active duty as defined under 38 U.S.C.
18Section 101. Service in the Merchant Marine that constitutes
19active duty under Section 401 of federal Public Law Act 95-202
20shall also be considered service in the armed forces for
21purposes of this Section.
22    "Certification" means a determination made by the Illinois
23Department of Veterans Veterans' Affairs and the Commission on
24Equity and Inclusion that a business entity is a qualified
25service-disabled veteran-owned small business or a qualified
26veteran-owned small business for whatever purpose. A SDVOSB or

 

 

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1VOSB owned and controlled by women, minorities, or persons
2with disabilities, as those terms are defined in Section 2 of
3the Business Enterprise for Minorities, Women, and Persons
4with Disabilities Act, may also select and designate whether
5that business is to be certified as a "women-owned business",
6"minority-owned business", or "business owned by a person with
7a disability", as defined in Section 2 of the Business
8Enterprise for Minorities, Women, and Persons with
9Disabilities Act.
10    "Control" means the exclusive, ultimate, majority, or sole
11control of the business, including but not limited to capital
12investment and all other financial matters, property,
13acquisitions, contract negotiations, legal matters,
14officer-director-employee selection and comprehensive hiring,
15operation responsibilities, cost-control matters, income and
16dividend matters, financial transactions, and rights of other
17shareholders or joint partners. Control shall be real,
18substantial, and continuing, not pro forma. Control shall
19include the power to direct or cause the direction of the
20management and policies of the business and to make the
21day-to-day as well as major decisions in matters of policy,
22management, and operations. Control shall be exemplified by
23possessing the requisite knowledge and expertise to run the
24particular business, and control shall not include simple
25majority or absentee ownership.
26    "Qualified service-disabled veteran" means a veteran who

 

 

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1has been found to have 10% or more service-connected
2disability by the United States Department of Veterans Affairs
3or the United States Department of Defense.
4    "Qualified service-disabled veteran-owned small business"
5or "SDVOSB" means a small business (i) that is at least 51%
6owned by one or more qualified service-disabled veterans
7living in Illinois or, in the case of a corporation, at least
851% of the stock of which is owned by one or more qualified
9service-disabled veterans living in Illinois; (ii) that has
10its home office in Illinois; and (iii) for which items (i) and
11(ii) are factually verified annually by the Commission on
12Equity and Inclusion.
13    "Qualified veteran-owned small business" or "VOSB" means a
14small business (i) that is at least 51% owned by one or more
15qualified veterans living in Illinois or, in the case of a
16corporation, at least 51% of the stock of which is owned by one
17or more qualified veterans living in Illinois; (ii) that has
18its home office in Illinois; and (iii) for which items (i) and
19(ii) are factually verified annually by the Commission on
20Equity and Inclusion.
21    "Service-connected disability" means a disability incurred
22in the line of duty in the active military, naval, or air
23service as described in 38 U.S.C. 101(16).
24    "Small business" means a business that has annual gross
25sales of less than $150,000,000 as evidenced by the federal
26income tax return of the business. A firm with gross sales in

 

 

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1excess of this cap may apply to the Commission on Equity and
2Inclusion for certification for a particular contract if the
3firm can demonstrate that the contract would have significant
4impact on SDVOSB or VOSB as suppliers or subcontractors or in
5employment of veterans or service-disabled veterans.
6    "State agency" has the meaning provided in Section
71-15.100 of this Code.
8    "Time of hostilities with a foreign country" means any
9period of time in the past, present, or future during which a
10declaration of war by the United States Congress has been or is
11in effect or during which an emergency condition has been or is
12in effect that is recognized by the issuance of a Presidential
13proclamation or a Presidential executive order and in which
14the armed forces expeditionary medal or other campaign service
15medals are awarded according to Presidential executive order.
16    "Veteran" means a person who (i) has been a member of the
17armed forces of the United States or, while a citizen of the
18United States, was a member of the armed forces of allies of
19the United States in time of hostilities with a foreign
20country and (ii) has served under one or more of the following
21conditions: (a) the veteran served a total of at least 6
22months; (b) the veteran served for the duration of hostilities
23regardless of the length of the engagement; (c) the veteran
24was discharged on the basis of hardship; or (d) the veteran was
25released from active duty because of a service connected
26disability and was discharged under honorable conditions.

 

 

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1    (f) Certification program. The Illinois Department of
2Veterans Veterans' Affairs and the Commission on Equity and
3Inclusion shall work together to devise a certification
4procedure to assure that businesses taking advantage of this
5Section are legitimately classified as qualified
6service-disabled veteran-owned small businesses or qualified
7veteran-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
26with the Department of Veterans Veterans' Affairs, may develop

 

 

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1programs and agreements to encourage cities, counties, towns,
2townships, and other certifying entities to adopt uniform
3certification procedures and certification recognition
4programs.
5    (f-5) A business shall be certified by the Commission on
6Equity and Inclusion as a service-disabled veteran-owned small
7business or a veteran-owned small business for purposes of
8this Section if the Commission on Equity and Inclusion
9determines that the business has been certified as a
10service-disabled veteran-owned small business or a
11veteran-owned small business by the Vets First Verification
12Program of the United States Department of Veterans Affairs,
13and the business has provided to the Commission on Equity and
14Inclusion 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
25regarding recognition of the Vets First Verification Program
26of the United States Department of Veterans Affairs shall be

 

 

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1reviewed annually by the Commission on Equity and Inclusion,
2and recognition of service-disabled veteran-owned small
3businesses and veteran-owned small businesses certified by the
4Vets First Verification Program of the United States
5Department of Veterans Affairs may be discontinued by the
6Commission on Equity and Inclusion by rule upon a finding that
7the certification standards of the Vets First Verification
8Program of the United States Department of Veterans Affairs do
9not meet the certification requirements established by the
10Commission 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
9Public Act 102-671) this amendatory Act of the 102nd General
10Assembly, all powers, duties, rights, and responsibilities of
11the Department of Central Management Services with respect to
12the requirements of this Section are transferred to the
13Commission on Equity and Inclusion.
14    All books, records, papers, documents, property (real and
15personal), contracts, causes of action, and pending business
16pertaining to the powers, duties, rights, and responsibilities
17transferred by Public Act 102-671 this amendatory Act from the
18Department of Central Management Services to the Commission on
19Equity and Inclusion, including, but not limited to, material
20in electronic or magnetic format and necessary computer
21hardware and software, shall be transferred to the Commission
22on Equity and Inclusion.
23    The powers, duties, rights, and responsibilities
24transferred from the Department of Central Management Services
25by this amendatory Act shall be vested in and shall be
26exercised by the Commission on Equity and Inclusion.

 

 

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1    Whenever reports or notices are now required to be made or
2given or papers or documents furnished or served by any person
3to or upon the Department of Central Management Services in
4connection with any of the powers, duties, rights, and
5responsibilities transferred by Public Act 102-671 this
6amendatory Act, the same shall be made, given, furnished, or
7served in the same manner to or upon the Commission on Equity
8and Inclusion.
9    Public Act 102-671 This amendatory Act of the 102nd
10General Assembly does not affect any act done, ratified, or
11canceled or any right occurring or established or any action
12or proceeding had or commenced in an administrative, civil, or
13criminal cause by the Department of Central Management
14Services before this amendatory Act takes effect; such actions
15or proceedings may be prosecuted and continued by the
16Commission on Equity and Inclusion.
17    Any rules of the Department of Central Management Services
18that relate to its powers, duties, rights, and
19responsibilities under this Section and are in full force on
20the effective date of Public Act 102-671 this amendatory Act
21of the 102nd General Assembly shall become the rules of the
22Commission on Equity and Inclusion. Public Act 102-671 This
23amendatory Act does not affect the legality of any such rules
24in the Illinois Administrative Code. Any proposed rules filed
25with the Secretary of State by the Department of Central
26Management Services that are pending in the rulemaking process

 

 

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1on November 30, 2021 the effective date of this amendatory Act
2and pertain to the powers, duties, rights, and
3responsibilities transferred, shall be deemed to have been
4filed by the Commission on Equity and Inclusion. As soon as
5practicable hereafter, the Commission on Equity and Inclusion
6shall revise and clarify the rules transferred to it under
7Public Act 102-671 this amendatory Act to reflect the
8reorganization of powers, duties, rights, and responsibilities
9affected by Public Act 102-671 this amendatory Act, using the
10procedures for recodification of rules available under the
11Illinois Administrative Procedure Act, except that existing
12title, part, and section numbering for the affected rules may
13be retained. The Commission on Equity and Inclusion may
14propose and adopt under the Illinois Administrative Procedure
15Act such other rules of the Department of Central Management
16Services that will now be administered by the Commission on
17Equity and Inclusion.
18(Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21;
19103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.)
 
20    Section 110. The Illinois Procurement Code is amended by
21changing Section 45-67 as follows:
 
22    (30 ILCS 500/45-67)
23    Sec. 45-67. Encouragement to hire qualified veterans. A
24chief procurement officer may, as part of any solicitation,

 

 

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1encourage potential contractors to consider hiring qualified
2veterans and to notify them of any available financial
3incentives or other advantages associated with hiring such
4persons. In establishing internal guidelines in furtherance of
5this Section, the Department of Central Management Services
6may work with an interagency advisory committee consisting of
7representatives from the Department of Veterans Veterans'
8Affairs, the Department of Employment Security, the Department
9of Commerce and Economic Opportunity, and the Department of
10Revenue and consisting of 8 members of the General Assembly, 2
11of whom are appointed by the Speaker of the House of
12Representatives, 2 of whom are appointed by the President of
13the Senate, 2 of whom are appointed by the Minority Leader of
14the House of Representatives, and 2 of whom are appointed by
15the Minority Leader of the Senate.
16    For the purposes of this Section, "qualified veteran"
17means an Illinois resident who: (i) was a member of the Armed
18Forces of the United States, a member of the Illinois National
19Guard, or a member of any reserve component of the Armed Forces
20of the United States; (ii) served on active duty in connection
21with Operation Desert Storm, Operation Enduring Freedom, or
22Operation Iraqi Freedom; and (iii) was honorably discharged.
23    The Department of Central Management Services must report
24to the Governor and to the General Assembly by December 31 of
25each year on the activities undertaken by chief procurement
26officers and the Department of Central Management Services to

 

 

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1encourage potential contractors to consider hiring qualified
2veterans. The report must include the number of vendors who
3have 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
6amended 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
10entity responsible for providing services on behalf of the
11State of Illinois under a contract with a State agency.
12    (b) "Contract" means all types of State agreements for
13social service delivery, regardless of what they may be
14called, including grants, fee-for-service, fixed rate,
15cost-reimbursement, purchase of care, renewals, and
16amendments. It does not include agreements procured for goods.
17    (c) "Direct services" means those services that are
18provided on behalf of Illinois residents by an authorized
19service provider.
20    (d) "Reduction of contract" means a decrease in the
21defined or estimated contract value. This is not inclusive of
22adjustments made by the State through the generally accepted
23accounting principles (GAAP) reconciliation process, under the
24Illinois Grant Funds Recovery Act, or on account of the

 

 

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1service provider's underutilization of contract value, as
2determined by the State.
3    (e) "Social services" or "services" means direct services
4that are provided by a State agency through a grant awarded to
5or service agreement or contract with an authorized service
6provider and that are designed to ensure the health, safety,
7education, 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
23by 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
3executive branch officer with jurisdiction over the facility
4shall file notice of the proposed closure with the Commission.
5The notice must be filed within 2 days after the first public
6announcement of any planned or proposed closure. Within 10
7days after it receives notice of the proposed closure, the
8Commission, in its discretion, may require the State executive
9branch officer with jurisdiction over the facility to file a
10recommendation for the closure of the facility with the
11Commission. In the case of a proposed closure of: (i) a prison,
12youth center, work camp, or work release center operated by
13the Department of Corrections; (ii) a school, mental health
14center, or center for persons with developmental disabilities
15operated by the Department of Human Services; or (iii) a
16residential facility operated by the Department of Veterans
17Veterans' Affairs, the Commission must require the executive
18branch officers to file a recommendation for closure. The
19recommendation must be filed within 30 days after the
20Commission delivers the request for recommendation to the
21State executive branch officer. The recommendation must
22include, 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
2530-day public comment period must follow the filing of the
26recommendation. The Commission, in its discretion, may conduct

 

 

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1one or more public hearings on the recommendation. In the case
2of a proposed closure of: (i) a prison, youth center, work
3camp, or work release center operated by the Department of
4Corrections; (ii) a school, mental health center, or center
5for persons with developmental disabilities operated by the
6Department of Human Services; or (iii) a residential facility
7operated by the Department of Veterans Veterans' Affairs, the
8Commission must conduct one or more public hearings on the
9recommendation. Public hearings conducted by the Commission
10shall be conducted no later than 35 days after the filing of
11the recommendation. At least one of the public hearings on the
12recommendation shall be held at a convenient location within
1325 miles of the facility for which closure is recommended. The
14Commission shall provide reasonable notice of the comment
15period and of any public hearings to the public and to units of
16local government and school districts that are located within
1725 miles of the facility.
18    (c) Within 50 days after the State executive branch
19officer files the required recommendation, the Commission
20shall issue an advisory opinion on that recommendation. The
21Commission shall file the advisory opinion with the
22appropriate State executive branch officer, the Governor, the
23General Assembly, and the Index Department of the Office of
24the Secretary of State and shall make copies of the advisory
25opinion available to the public upon request.
26    (d) No action may be taken to implement the recommendation

 

 

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1for closure of a State facility until 50 days after the filing
2of any required recommendation.
3    (e) The requirements of this Section do not apply if all of
4the functions and employees of a State facility are relocated
5to another State facility that is within 10 miles of the closed
6facility.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    Section 130. The Property Tax Code is amended by changing
9Section 15-165 as follows:
 
10    (35 ILCS 200/15-165)
11    Sec. 15-165. Veterans with disabilities. Property up to an
12assessed value of $100,000, owned and used exclusively by a
13veteran with a disability, or the spouse or unmarried
14surviving spouse of the veteran, as a home, is exempt. As used
15in this Section, a "veteran with a disability" means a person
16who has served in the Armed Forces of the United States and
17whose disability is of such a nature that the Federal
18Government has authorized payment for purchase or construction
19of Specially Adapted Housing as set forth in the United States
20Code, Title 38, Chapter 21, Section 2101.
21    The exemption applies to housing where Federal funds have
22been used to purchase or construct special adaptations to suit
23the veteran's disability.
24    The exemption also applies to housing that is specially

 

 

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1adapted to suit the veteran's disability, and purchased
2entirely or in part by the proceeds of a sale, casualty loss
3reimbursement, or other transfer of a home for which the
4Federal Government had previously authorized payment for
5purchase or construction as Specially Adapted Housing.
6    However, the entire proceeds of the sale, casualty loss
7reimbursement, or other transfer of that housing shall be
8applied to the acquisition of subsequent specially adapted
9housing to the extent that the proceeds equal the purchase
10price of the subsequently acquired housing.
11    Beginning with the 2015 tax year, the exemption also
12applies to housing that is specifically constructed or adapted
13to suit a qualifying veteran's disability if the housing or
14adaptations are donated by a charitable organization, the
15veteran has been approved to receive funds for the purchase or
16construction of Specially Adapted Housing under Title 38,
17Chapter 21, Section 2101 of the United States Code, and the
18home has been inspected and certified by a licensed home
19inspector to be in compliance with applicable standards set
20forth in U.S. Department of Veterans Affairs, Veterans
21Benefits Administration Pamphlet 26-13 Handbook for Design of
22Specially Adapted Housing.
23    For purposes of this Section, "charitable organization"
24means any benevolent, philanthropic, patriotic, or
25eleemosynary entity that solicits and collects funds for
26charitable purposes and includes each local, county, or area

 

 

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1division of that charitable organization.
2    For purposes of this Section, "unmarried surviving spouse"
3means the surviving spouse of the veteran at any time after the
4death of the veteran during which such surviving spouse is not
5married.
6    This exemption must be reestablished on an annual basis by
7certification from the Illinois Department of Veterans
8Veterans' Affairs to the Department, which shall forward a
9copy of the certification to local assessing officials.
10    A taxpayer who claims an exemption under Section 15-168 or
1115-169 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
14amended 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
18used exclusively by a veteran with a disability or the spouse
19or unmarried surviving spouse of the veteran as a home, is
20exempt from the tax imposed under this Act.
21    Beginning with the 2015 tax year, the exemption also
22applies to housing that is specifically constructed or adapted
23to suit a qualifying veteran's disability if the housing or
24adaptations are donated by a charitable organization, the

 

 

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1veteran has been approved to receive funds for the purchase or
2construction of Specially Adapted Housing under Title 38,
3Chapter 21, Section 2101 of the United States Code, and the
4home has been inspected and certified by a licensed home
5inspector to be in compliance with applicable standards set
6forth in U.S. Department of Veterans Affairs, Veterans
7Benefits Administration Pamphlet 26-13 Handbook for Design of
8Specially Adapted Housing.
9    (b) As used in this Section:
10    "Veteran with a disability" means a person who has served
11in the armed forces of the United States and whose disability
12is of such a nature that the federal government has authorized
13payment for purchase or construction of specially adapted
14housing as set forth in the United States Code, Title 38,
15Chapter 21, Section 2101.
16    For purposes of this Section, "charitable organization"
17means any benevolent, philanthropic, patriotic, or
18eleemosynary entity that solicits and collects funds for
19charitable purposes and includes each local, county, or area
20division of that charitable organization.
21    "Unmarried surviving spouse" means the surviving spouse of
22the veteran at any time after the death of the veteran during
23which the surviving spouse is not married.
24    (c) Eligibility for this exemption must be reestablished
25on an annual basis by certification from the Illinois
26Department of Veterans Veterans' Affairs to the county clerk

 

 

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1of the county in which the exempt mobile home is located. The
2county clerk shall forward a copy of the certification to
3local 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
6changing 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.
9Contributions provided for in this Section shall cover the
10period of service granted. Except as otherwise provided in
11this Section, the contributions shall be based upon the
12employee's compensation and contribution rate in effect on the
13date he last became a member of the System; provided that for
14all employment prior to January 1, 1969 the contribution rate
15shall be that in effect for a noncovered employee on the date
16he last became a member of the System. Except as otherwise
17provided in this Section, contributions permitted under this
18Section shall include regular interest from the date an
19employee last became a member of the System to the date of
20payment.
21    These contributions must be paid in full before retirement
22either in a lump sum or in installment payments in accordance
23with such rules as may be adopted by the board.
24    (a) Any member may make contributions as required in this

 

 

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1Section for any period of service, subsequent to the date of
2establishment, but prior to the date of membership.
3    (b) Any employee who had been previously excluded from
4membership because of age at entry and subsequently became
5eligible may elect to make contributions as required in this
6Section for the period of service during which he was
7ineligible.
8    (c) An employee of the Department of Insurance who, after
9January 1, 1944 but prior to becoming eligible for membership,
10received salary from funds of insurance companies in the
11process of rehabilitation, liquidation, conservation or
12dissolution, may elect to make contributions as required in
13this Section for such service.
14    (d) Any employee who rendered service in a State office to
15which he was elected, or rendered service in the elective
16office of Clerk of the Appellate Court prior to the date he
17became a member, may make contributions for such service as
18required in this Section. Any member who served by appointment
19of the Governor under the Civil Administrative Code of
20Illinois and did not participate in this System may make
21contributions as required in this Section for such service.
22    (e) Any person employed by the United States government or
23any instrumentality or agency thereof from January 1, 1942
24through November 15, 1946 as the result of a transfer from
25State service by executive order of the President of the
26United States shall be entitled to prior service credit

 

 

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1covering the period from January 1, 1942 through December 31,
21943 as provided for in this Article and to membership service
3credit for the period from January 1, 1944 through November
415, 1946 by making the contributions required in this Section.
5A person so employed on January 1, 1944 but whose employment
6began after January 1, 1942 may qualify for prior service and
7membership service credit under the same conditions.
8    (f) An employee of the Department of Labor of the State of
9Illinois who performed services for and under the supervision
10of that Department prior to January 1, 1944 but who was
11compensated for those services directly by federal funds and
12not by a warrant of the Auditor of Public Accounts paid by the
13State Treasurer may establish credit for such employment by
14making the contributions required in this Section. An employee
15of the Department of Agriculture of the State of Illinois, who
16performed services for and under the supervision of that
17Department prior to June 1, 1963, but was compensated for
18those services directly by federal funds and not paid by a
19warrant of the Auditor of Public Accounts paid by the State
20Treasurer, and who did not contribute to any other public
21employee retirement system for such service, may establish
22credit for such employment by making the contributions
23required in this Section.
24    (g) Any employee who executed a waiver of membership
25within 60 days prior to January 1, 1944 may, at any time while
26in the service of a department, file with the board a

 

 

HB2547 Enrolled- 124 -LRB104 09526 KTG 19589 b

1rescission of such waiver. Upon making the contributions
2required by this Section, the member shall be granted the
3creditable service that would have been received if the waiver
4had not been executed.
5    (h) Until May 1, 1990, an employee who was employed on a
6full-time basis by a regional planning commission for at least
75 continuous years may establish creditable service for such
8employment by making the contributions required under this
9Section, provided that any credits earned by the employee in
10the commission's retirement plan have been terminated.
11    (i) Any person who rendered full time contractual services
12to the General Assembly as a member of a legislative staff may
13establish service credit for up to 8 years of such services by
14making the contributions required under this Section, provided
15that application therefor is made not later than July 1, 1991.
16    (j) By paying the contributions otherwise required under
17this Section, plus an amount determined by the Board to be
18equal to the employer's normal cost of the benefit plus
19interest, but with all of the interest calculated from the
20date the employee last became a member of the System or
21November 19, 1991, whichever is later, to the date of payment,
22an employee may establish service credit for a period of up to
234 years spent in active military service for which he does not
24qualify for credit under Section 14-105, provided that (1) he
25was not dishonorably discharged from such military service,
26and (2) the amount of service credit established by a member

 

 

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1under this subsection (j), when added to the amount of
2military service credit granted to the member under subsection
3(b) of Section 14-105, shall not exceed 5 years. The change in
4the manner of calculating interest under this subsection (j)
5made by this amendatory Act of the 92nd General Assembly
6applies to credit purchased by an employee on or after its
7effective date and does not entitle any person to a refund of
8contributions or interest already paid. In compliance with
9Section 14-152.1 of this Act concerning new benefit increases,
10any new benefit increase as a result of the changes to this
11subsection (j) made by Public Act 95-483 is funded through the
12employee contributions provided for in this subsection (j).
13Any new benefit increase as a result of the changes made to
14this subsection (j) by Public Act 95-483 is exempt from the
15provisions of subsection (d) of Section 14-152.1.
16    (k) An employee who was employed on a full-time basis by
17the Illinois State's Attorneys Association Statewide Appellate
18Assistance Service LEAA-ILEC grant project prior to the time
19that project became the State's Attorneys Appellate Service
20Commission, now the Office of the State's Attorneys Appellate
21Prosecutor, an agency of State government, may establish
22creditable service for not more than 60 months service for
23such employment by making contributions required under this
24Section.
25    (l) By paying the contributions otherwise required under
26this Section, plus an amount determined by the Board to be

 

 

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1equal to the employer's normal cost of the benefit plus
2interest, a member may establish service credit for periods of
3less than one year spent on authorized leave of absence from
4service, provided that (1) the period of leave began on or
5after January 1, 1982 and (2) any credit established by the
6member for the period of leave in any other public employee
7retirement system has been terminated. A member may establish
8service credit under this subsection for more than one period
9of authorized leave, and in that case the total period of
10service credit established by the member under this subsection
11may exceed one year. In determining the contributions required
12for establishing service credit under this subsection, the
13interest shall be calculated from the beginning of the leave
14of absence to the date of payment.
15    (l-5) By paying the contributions otherwise required under
16this Section, plus an amount determined by the Board to be
17equal to the employer's normal cost of the benefit plus
18interest, a member may establish service credit for periods of
19up to 2 years spent on authorized leave of absence from
20service, provided that during that leave the member
21represented or was employed as an officer or employee of a
22statewide labor organization that represents members of this
23System. In determining the contributions required for
24establishing service credit under this subsection, the
25interest shall be calculated from the beginning of the leave
26of absence to the date of payment.

 

 

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1    (m) Any person who rendered contractual services to a
2member of the General Assembly as a worker in the member's
3district office may establish creditable service for up to 3
4years of those contractual services by making the
5contributions required under this Section. The System shall
6determine a full-time salary equivalent for the purpose of
7calculating the required contribution. To establish credit
8under this subsection, the applicant must apply to the System
9by March 1, 1998.
10    (n) Any person who rendered contractual services to a
11member of the General Assembly as a worker providing
12constituent services to persons in the member's district may
13establish creditable service for up to 8 years of those
14contractual services by making the contributions required
15under this Section. The System shall determine a full-time
16salary equivalent for the purpose of calculating the required
17contribution. To establish credit under this subsection, the
18applicant must apply to the System by March 1, 1998.
19    (o) A member who participated in the Illinois Legislative
20Staff Internship Program may establish creditable service for
21up to one year of that participation by making the
22contribution required under this Section. The System shall
23determine a full-time salary equivalent for the purpose of
24calculating the required contribution. Credit may not be
25established under this subsection for any period for which
26service credit is established under any other provision of

 

 

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1this Code.
2    (p) By paying the contributions otherwise required under
3this Section, plus an amount determined by the Board to be
4equal to the employer's normal cost of the benefit plus
5interest, a member may establish service credit for a period
6of up to 8 years during which he or she was employed by the
7Visually Handicapped Managers of Illinois in a vending program
8operated under a contractual agreement with the Department of
9Rehabilitation Services or its successor agency.
10    This subsection (p) applies without regard to whether the
11person was in service on or after the effective date of this
12amendatory Act of the 94th General Assembly. In the case of a
13person who is receiving a retirement annuity on that effective
14date, the increase, if any, shall begin to accrue on the first
15annuity payment date following receipt by the System of the
16contributions required under this subsection (p).
17    (q) By paying the required contributions under this
18Section, plus an amount determined by the Board to be equal to
19the employer's normal cost of the benefit plus interest, an
20employee who was laid off but returned to any State employment
21may establish creditable service for the period of the layoff,
22provided that (1) the applicant applies for the creditable
23service under this subsection (q) within 6 months after July
2427, 2010 (the effective date of Public Act 96-1320), (2) the
25applicant does not receive credit for that period under any
26other provision of this Code, (3) at the time of the layoff,

 

 

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1the applicant is not in an initial probationary status
2consistent with the rules of the Department of Central
3Management Services, and (4) the total amount of creditable
4service established by the applicant under this subsection (q)
5does not exceed 3 years. For service established under this
6subsection (q), the required employee contribution shall be
7based on the rate of compensation earned by the employee on the
8date of returning to employment after the layoff and the
9contribution rate then in effect, and the required interest
10shall be calculated at the actuarially assumed rate from the
11date of returning to employment after the layoff to the date of
12payment. Funding for any new benefit increase, as defined in
13Section 14-152.1 of this Act, that is created under this
14subsection (q) will be provided by the employee contributions
15required under this subsection (q).
16    (r) A member who participated in the University of
17Illinois Government Public Service Internship Program (GPSI)
18may establish creditable service for up to 2 years of that
19participation by making the contribution required under this
20Section, plus an amount determined by the Board to be equal to
21the employer's normal cost of the benefit plus interest. The
22System shall determine a full-time salary equivalent for the
23purpose of calculating the required contribution. Credit may
24not be established under this subsection for any period for
25which service credit is established under any other provision
26of this Code.

 

 

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1    (s) A member who worked as a nurse under a contractual
2agreement for the Department of Public Aid, or its successor
3agency, the Department of Human Services, in the Client
4Assessment Unit and was subsequently determined to be a State
5employee by the United States Internal Revenue Service and the
6Illinois Labor Relations Board may establish creditable
7service for those contractual services by making the
8contributions required under this Section. To establish credit
9under this subsection, the applicant must apply to the System
10by July 1, 2008.
11    The Department of Human Services shall pay an employer
12contribution based upon an amount determined by the Board to
13be equal to the employer's normal cost of the benefit, plus
14interest.
15    In compliance with Section 14-152.1 added by Public Act
1694-4, the cost of the benefits provided by Public Act 95-583
17are offset by the required employee and employer
18contributions.
19    (t) Any person who rendered contractual services on a
20full-time basis to the Illinois Institute of Natural Resources
21and the Illinois Department of Energy and Natural Resources
22may establish creditable service for up to 4 years of those
23contractual services by making the contributions required
24under this Section, plus an amount determined by the Board to
25be equal to the employer's normal cost of the benefit plus
26interest at the actuarially assumed rate from the first day of

 

 

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1the service for which credit is being established to the date
2of payment. To establish credit under this subsection (t), the
3applicant must apply to the System within 6 months after July
427, 2010 (the effective date of Public Act 96-1320).
5    (u) By paying the required contributions under this
6Section, plus an amount determined by the Board to be equal to
7the employer's normal cost of the benefit, plus interest, a
8member may establish creditable service and earnings credit
9for periods of furlough beginning on or after July 1, 2008. To
10receive this credit, the participant must (i) apply in writing
11to the System before December 31, 2011 and (ii) not receive
12compensation for the furlough period. For service established
13under this subsection, the required employee contribution
14shall be based on the rate of compensation earned by the
15employee immediately following the date of the first furlough
16day in the time period specified in this subsection (u), and
17the required interest shall be calculated at the actuarially
18assumed rate from the date of the furlough to the date of
19payment.
20    (v) Any member who rendered full-time contractual services
21to an Illinois Veterans Home operated by the Department of
22Veterans Veterans' Affairs may establish service credit for up
23to 8 years of such services by making the contributions
24required under this Section, plus an amount determined by the
25Board to be equal to the employer's normal cost of the benefit,
26plus interest at the actuarially assumed rate. To establish

 

 

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1credit under this subsection, the applicant must apply to the
2System no later than 6 months after July 27, 2010 (the
3effective date of Public Act 96-1320).
4(Source: P.A. 96-97, eff. 7-27-09; 96-718, eff. 8-25-09;
596-775, eff. 8-28-09; 96-961, eff. 7-2-10; 96-1000, eff.
67-2-10; 96-1320, eff. 7-27-10; 96-1535, eff. 3-4-11; 97-333,
78-12-11.)
 
8    Section 150. The Military Family Interstate Compact
9Implementation Statute Drafting Advisory Committee Act is
10amended by changing Section 5 as follows:
 
11    (45 ILCS 175/5)
12    Sec. 5. Committee; created; mandate. The Military Family
13Interstate Compact Implementation Statute Drafting Advisory
14Committee is created as an interagency advisory committee to
15develop a comprehensive statute to implement the Interstate
16Compact on Educational Opportunity for Military Children, a
17document developed by the National Military Family
18Association. The Lieutenant Governor is the chair of the
19Committee, which shall be composed of the following
20individuals 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
9the chair, but in no case shall the Committee meet less often
10than once each month, until it has fulfilled all the
11obligations delineated in this Act.
12    All meetings of the Committee are subject to the
13provisions of the Open Meetings Act.
14    All proceedings of the Committee and documents produced by
15the Committee are subject to the provisions of the Freedom of
16Information Act.
17    The Committee shall draft and submit to the General
18Assembly a model implementation statute and a report outlining
19all the issues raised by the implementation by no later than
20December 31, 2008 or within 90 days after the effective date of
21this Act, whichever is later.
22    The Office of the Lieutenant Governor shall provide staff
23and 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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1Section 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
4active duty. Certificates of discharge or MEMBER-4 copy of
5certificate of release or discharge from active duty of
6honorably discharged or separated members of the military,
7aviation and naval forces of the United States shall be
8recorded by each recorder, free of charge, in a separate book
9or computer database which shall be kept for the purpose. The
10recorder in counties of over 500,000 population shall as soon
11as practicable after the recording of the original discharge
12certificate or MEMBER-4 copy of certificate of release or
13discharge from active duty, deliver to each of the persons
14named in the discharge certificate or MEMBER-4 copy of
15certificate of release or discharge from active duty, or the
16person's agent, one certified copy of the person's discharge
17certificate or MEMBER-4 copy of certificate of release or
18discharge from active duty without charge. Additional
19certified copies shall be furnished by the recorder upon the
20payment to the recorder of a fee of $1.25, payable in advance,
21for each such additional certified copy. The recorder may
22waive the fee for reasonable requests for additional copies if
23the recorder deems collecting the fee to be a burden to the
24county, but only if the fee is waived for all reasonable
25requests for additional copies under this Section.

 

 

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1    Upon the delivery of the certificate of discharge or
2MEMBER-4 copy of certificate of release or discharge from
3active duty after the recordation thereof is completed, and
4the delivery of one certified copy thereof to the person named
5in the discharge certificate or MEMBER-4 copy of certificate
6of release or discharge from active duty or the person's
7agent, the receipt theretofore issued by the recorder, or a
8copy thereof shall be surrendered to the recorder, with a
9signed statement acknowledging the receipt of the discharge
10certificate or MEMBER-4 copy of certificate of release or
11discharge from active duty and the certified copy thereof.
12    Certified copies of the certificates of discharge or
13MEMBER-4 copy of certificate of release or discharge from
14active duty furnished by the recorder may vary from the size of
15the original, if in the judgment of the recorder, such
16certified copies are complete and legible.
17    A military discharge form (DD-214) or any other
18certificate of discharge or release from active duty document
19that was issued by the United States government or any state
20government in reference to those who served with an active or
21inactive military reserve unit or National Guard force and
22that was recorded by a County Clerk or Recorder of Deeds is not
23subject to public inspection, enjoying all the protection
24covered by the federal Privacy Act of 1974 or any other privacy
25law. These documents shall be accessible only to the person
26named in the document, the named person's dependents, the

 

 

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1county veterans' service officer, representatives of the
2Department of Veterans Veterans' Affairs, or any person with
3written authorization from the named person or the named
4person's dependents. Notwithstanding any other provision in
5this paragraph, these documents shall be made available for
6public inspection and copying in accordance with the archival
7schedule adopted by the National Archives and Records
8Administration and subject to redaction of information that is
9considered private under the Illinois Freedom of Information
10Act, the federal Freedom of Information Act, and the federal
11Privacy Act.
12(Source: P.A. 103-400, eff. 1-1-24.)
 
13    Section 160. The Counties Code is amended by changing
14Section 5-12022 as follows:
 
15    (55 ILCS 5/5-12022)
16    Sec. 5-12022. Building permit fee for veterans with a
17disability.
18    (a) A veteran with a disability or the veteran's caregiver
19shall not be charged any building permit fee for improvements
20to the residence of the veteran with a disability if the
21improvements are required to accommodate a disability of the
22veteran. Nothing in this subsection changes the obligation of
23any person to submit to the county applications, forms, or
24other paperwork to obtain a building permit. A veteran or

 

 

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1caregiver must provide proof of veteran status and attest to
2the fact that the improvements to the residence are required
3to accommodate the veteran's disability. Proof of veteran
4status is to be construed liberally, and veteran status shall
5include service in the Armed Forces of the United States,
6National Guard, or the reserves of the Armed Forces of the
7United States.
8    (b) What constitutes proof of veteran status shall be
9determined by the county. The Illinois Department of Veterans
10Veterans' Affairs may not adjudicate any dispute arising under
11subsection paragraph (a).
12    (c) A home rule county may not regulate building permit
13fees in a manner inconsistent with this Section. This Section
14is a limitation under subsection (i) of Section 6 of Article
15VII of the Illinois Constitution on the concurrent exercise by
16home rule units of powers and functions exercised by the
17State.
18(Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
 
19    Section 165. The Township Code is amended by changing
20Section 110-17 as follows:
 
21    (60 ILCS 1/110-17)
22    Sec. 110-17. Building permit fee for veterans with a
23disability. A veteran with a disability or the veteran's
24caregiver shall not be charged any building permit fee for

 

 

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1improvements to the residence of the veteran with a disability
2if the improvements are required to accommodate a disability
3of the veteran. Nothing in this Section changes the obligation
4of any person to submit to the township applications, forms,
5or other paperwork to obtain a building permit. A veteran or
6caregiver must provide proof of veteran status and attest to
7the fact that the improvements to the residence are required
8to accommodate the veteran's disability. Proof of veteran
9status is to be construed liberally, and veteran status shall
10include service in the Armed Forces of the United States,
11National Guard, or the reserves of the Armed Forces of the
12United States. What constitutes proof of veteran status shall
13be determined by the township. The Illinois Department of
14Veterans Veterans' Affairs may not adjudicate any dispute
15arising under this paragraph.
16(Source: P.A. 103-621, eff. 1-1-25.)
 
17    Section 170. The Illinois Municipal Code is amended by
18changing 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
21disability.
22    (a) A veteran with a disability or the veteran's caregiver
23shall not be charged any building permit fee for improvements
24to the residence of the veteran with a disability if the

 

 

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1improvements are required to accommodate a disability of the
2veteran. Nothing in this subsection changes the obligation of
3any person to submit to the municipality applications, forms,
4or other paperwork to obtain a building permit. A veteran or
5caregiver must provide proof of veteran status and attest to
6the fact that the improvements to the residence are required
7to accommodate the veteran's disability. Proof of veteran
8status is to be construed liberally, and veteran status shall
9include service in the Armed Forces of the United States,
10National Guard, or the reserves of the Armed Forces of the
11United States.
12    (b) What constitutes proof of veteran status shall be
13determined by the municipality. The Illinois Department of
14Veterans Veterans' Affairs may not adjudicate any dispute
15arising under subsection paragraph (a).
16    (c) A home rule municipality may not regulate building
17permit fees in a manner inconsistent with this Section. This
18Section is a limitation under subsection (i) of Section 6 of
19Article VII of the Illinois Constitution on the concurrent
20exercise by home rule units of powers and functions exercised
21by 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
24Section 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'
3Dependents scholarship.
4    (a) Any spouse, natural child, legally adopted child under
5the age of 18 at the time of adoption, minor child younger than
618 who is under a court-ordered guardianship for at least 2
7continuous years prior to application, or step-child under the
8age of 18 at the time of marriage of an eligible veteran or
9serviceperson who possesses all necessary entrance
10requirements shall, upon application and proper proof, be
11awarded a MIA/POW Scholarship consisting of the equivalent of
124 calendar years of full-time enrollment including summer
13terms, to the state supported Illinois institution of higher
14learning of his choice, subject to the restrictions listed
15below.
16    "Eligible veteran or serviceperson" means any veteran or
17serviceperson, including an Illinois National Guard member who
18is on active duty or is active on a training assignment, who
19has been declared by the U.S. Department of Defense or the U.S.
20Department of Veterans Affairs to be a prisoner of war or
21missing in action, or has died as the result of a
22service-connected disability or has become a person with a
23permanent disability from service-connected causes with 100%
24disability and who (i) at the time of entering service was an
25Illinois resident, or (ii) was an Illinois resident within 6
26months after entering such service, or (iii) is a resident of

 

 

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1Illinois at the time of application for the Scholarship and,
2at some point after entering such service, was a resident of
3Illinois for at least 15 consecutive years.
4    Full-time enrollment means 12 or more semester hours of
5courses per semester, or 12 or more quarter hours of courses
6per quarter, or the equivalent thereof per term. Scholarships
7utilized by dependents enrolled in less than full-time study
8shall be computed in the proportion which the number of hours
9so carried bears to full-time enrollment.
10    Scholarships awarded under this Section may be used by a
11spouse or child without regard to his or her age. The holder of
12a Scholarship awarded under this Section shall be subject to
13all examinations and academic standards, including the
14maintenance of minimum grade levels, that are applicable
15generally to other enrolled students at the Illinois
16institution of higher learning where the Scholarship is being
17used. If the surviving spouse remarries or if there is a
18divorce between the veteran or serviceperson and his or her
19spouse while the dependent is pursuing his or her course of
20study, Scholarship benefits will be terminated at the end of
21the term for which he or she is presently enrolled. Such
22dependents shall also be entitled, upon proper proof and
23application, to enroll in any extension course offered by a
24State supported Illinois institution of higher learning
25without payment of tuition and approved fees.
26    The holder of a MIA/POW Scholarship authorized under this

 

 

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1Section shall not be required to pay any tuition or mandatory
2fees while attending a State-controlled university or public
3community college in this State for a period equivalent to 4
4years of enrollment, including summer terms.
5    Any dependent who has been or shall be awarded a MIA/POW
6Scholarship shall be reimbursed by the appropriate institution
7of higher learning for any fees which he or she has paid and
8for which exemption is granted under this Section if
9application for reimbursement is made within 2 months
10following the end of the school term for which the fees were
11paid.
12    (b) In lieu of the benefit provided in subsection (a), any
13spouse, natural child, legally adopted child, or step-child of
14an eligible veteran or serviceperson, which spouse or child
15has a physical, mental or developmental disability, shall be
16entitled to receive, upon application and proper proof, a
17benefit to be used for the purpose of defraying the cost of the
18attendance or treatment of such spouse or child at one or more
19appropriate therapeutic, rehabilitative or educational
20facilities. The application and proof may be made by the
21parent or legal guardian of the spouse or child on his or her
22behalf.
23    The total benefit provided to any beneficiary under this
24subsection shall not exceed the cost equivalent of 4 calendar
25years of full-time enrollment, including summer terms, at the
26University of Illinois. Whenever practicable in the opinion of

 

 

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1the Department of Veterans Veterans' Affairs, payment of
2benefits under this subsection shall be made directly to the
3facility, the cost of attendance or treatment at which is
4being defrayed, as such costs accrue.
5    (c) The benefits of this Section shall be administered by
6and paid for out of funds made available to the Illinois
7Department of Veterans Veterans' Affairs. The amounts that
8become due to any state supported Illinois institution of
9higher learning shall be payable by the Comptroller to such
10institution on vouchers approved by the Illinois Department of
11Veterans Veterans' Affairs. The amounts that become due under
12subsection (b) of this Section shall be payable by warrant
13upon vouchers issued by the Illinois Department of Veterans
14Veterans' Affairs and approved by the Comptroller. The
15Illinois Department of Veterans Veterans' Affairs shall
16determine the eligibility of the persons who make application
17for 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
20amended by changing Section 15 as follows:
 
21    (110 ILCS 49/15)
22    Sec. 15. Survey; coordinator; best practices report; best
23efforts.
24    (a) All public colleges and universities shall, within 60

 

 

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1days after the effective date of this Act, conduct a survey of
2the services and programs that are provided for veterans,
3active duty military personnel, and their families, at each of
4their respective campuses. This survey shall enumerate and
5fully describe the service or program that is available, the
6number of veterans or active duty personnel using the service
7or program, an estimated range for potential use within a
85-year and 10-year period, information on the location of the
9service or program, and how its administrators may be
10contacted. The survey shall indicate the manner or manners in
11which a student veteran may avail himself or herself of the
12program's services. This survey must be made available to all
13veterans matriculating at the college or university in the
14form of an orientation-related guidebook.
15    Each public college and university shall make the survey
16available on the homepage of all campus Internet links as soon
17as practical after the completion of the survey. As soon as
18possible after the completion of the survey, each public
19college and university shall provide a copy of its survey to
20the 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
2discretion, (i) appoint, within 6 months after August 7, 2009
3(the effective date of this Act), an existing employee or (ii)
4hire a new employee to serve as a Coordinator of Veterans and
5Military Personnel Student Services on each campus of the
6college or university that has an onsite, daily, full-time
7student headcount above 1,000 students.
8    The Coordinator of Veterans and Military Personnel Student
9Services shall be an ombudsperson serving the specific needs
10of student veterans and military personnel and their families
11and shall serve as an advocate before the administration of
12the college or university for the needs of student veterans.
13The college or university shall enable the Coordinator of
14Veterans and Military Personnel Student Services to
15communicate directly with the senior executive administration
16of the college or university periodically. The college or
17university shall retain unfettered discretion to determine the
18organizational management structure of its institution.
19    In addition to any responsibilities the college or
20university may assign, the Coordinator of Veterans and
21Military Personnel Student Services shall make its best
22efforts to create a centralized source for student veterans
23and military personnel to learn how to receive all benefit
24programs and services for which they are eligible.
25    Each college and university campus that is required to
26have a Coordinator of Veterans and Military Personnel Student

 

 

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1Services shall regularly and conspicuously advertise the
2office location and phone number of and Internet access to the
3Coordinator of Veterans and Military Personnel Student
4Services, along with a brief summary of the manner in which he
5or she can assist student veterans. The advertisement shall
6include, 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
13Services shall facilitate other campus offices with the
14promotion 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
17Department of Veterans Veterans' Affairs shall conduct a joint
18review of the surveys. The Department of Veterans Veterans'
19Affairs shall post, on any Internet home page it may operate, a
20link to each survey as posted on the Internet website for the
21college or university. The Board of Higher Education shall
22post, on any Internet home page it may operate, a link to each
23survey as posted on the Internet website for the college or
24university or an annual report or document containing survey
25information for each college or university. Upon receipt of
26all of the surveys, the Office of the Governor, through its

 

 

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1military affairs advisors, shall similarly conduct a review of
2the surveys. Following its review of the surveys, the Office
3of the Governor shall submit an evaluation report to each
4college and university offering suggestions and insight on the
5conduct of student veteran-related policies and programs.
6    (d) The Board of Higher Education and the Department of
7Veterans Veterans' Affairs may issue a best practices report
8to highlight those programs and services that are most
9beneficial to veterans and active duty military personnel. The
10report shall contain a fiscal needs assessment in conjunction
11with any program recommendations.
12    (e) Each college and university campus that is required to
13have a Coordinator of Veterans and Military Personnel Student
14Services under subsection (b) of this Section shall make its
15best efforts to create academic and social programs and
16services for veterans and active duty military personnel that
17will provide reasonable opportunities for academic performance
18and success.
19    Each public college and university shall make its best
20efforts to determine how its online educational curricula can
21be expanded or altered to serve the needs of student veterans
22and currently deployed military, including a determination of
23whether and to what extent the public colleges and
24universities can share existing technologies to improve the
25online curricula of peer institutions, provided such efforts
26are 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;
2102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
3    Section 190. The University of Illinois Act is amended by
4changing 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
9of the departments or colleges of the University unless such
10student 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
8recognize their obligation to their students to offer the
9coursework required by subsection (b).
10    (d) A student who has graduated from high school and has
11scored within the University's accepted range on the ACT or
12SAT shall not be required to take a high school equivalency
13test as a prerequisite to admission.
14    (e) The Board of Trustees shall establish an admissions
15process in which honorably discharged veterans are permitted
16to submit an application for admission to the University as a
17freshman student enrolling in the spring semester if the
18veteran was on active duty during the fall semester. The
19University may request that the Department of Veterans
20Veterans' Affairs confirm the status of an applicant as an
21honorably discharged veteran who was on active duty during the
22fall semester.
23    (f) Beginning with the 2025-2026 academic year, the
24University shall provide all Illinois students transferring
25from a public community college in this State with the
26University's undergraduate transfer admissions application fee

 

 

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1waiver policy and, if such a policy exists, any application or
2forms necessary to apply for a fee waiver as part of the
3University's transfer admissions process. The University is
4encouraged to develop a policy to automatically waive the
5undergraduate transfer admissions application fee for
6low-income Illinois students transferring from a public
7community college in this State. The University shall post
8this policy in an easily accessible place on the University's
9Internet website.
10(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
11103-936, eff. 8-9-24.)
 
12    Section 195. The Southern Illinois University Management
13Act 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
17of the departments or colleges of the University unless such
18student 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
16recognize their obligation to their students to offer the
17coursework required by subsection (a).
18    (c) A student who has graduated from high school and has
19scored within the University's accepted range on the ACT or
20SAT shall not be required to take a high school equivalency
21test as a prerequisite to admission.
22    (d) The Board shall establish an admissions process in
23which honorably discharged veterans are permitted to submit an
24application for admission to the University as a freshman
25student enrolling in the spring semester if the veteran was on
26active duty during the fall semester. The University may

 

 

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1request that the Department of Veterans Veterans' Affairs
2confirm the status of an applicant as an honorably discharged
3veteran who was on active duty during the fall semester.
4    (e) Beginning with the 2025-2026 academic year, the
5University shall provide all Illinois students transferring
6from a public community college in this State with the
7University's undergraduate transfer admissions application fee
8waiver policy and, if such a policy exists, any application or
9forms necessary to apply for a fee waiver as part of the
10University's transfer admissions process. The University is
11encouraged to develop a policy to automatically waive the
12undergraduate transfer admissions application fee for
13low-income Illinois students transferring from a public
14community college in this State. The University shall post
15this policy in an easily accessible place on the University's
16Internet website.
17(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
18103-936, eff. 8-9-24.)
 
19    Section 200. The Chicago State University Law is amended
20by 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
24of the departments or colleges of the Chicago State University

 

 

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1unless 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

 

 

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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
22recognize their obligation to their students to offer the
23coursework required by subsection (a).
24    (c) A student who has graduated from high school and has
25scored within the University's accepted range on the ACT or
26SAT shall not be required to take a high school equivalency

 

 

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1test as a prerequisite to admission.
2    (d) The Board shall establish an admissions process in
3which honorably discharged veterans are permitted to submit an
4application for admission to the University as a freshman
5student enrolling in the spring semester if the veteran was on
6active duty during the fall semester. The University may
7request that the Department of Veterans Veterans' Affairs
8confirm the status of an applicant as an honorably discharged
9veteran who was on active duty during the fall semester.
10    (e) Beginning with the 2025-2026 academic year, the
11University shall provide all Illinois students transferring
12from a public community college in this State with the
13University's undergraduate transfer admissions application fee
14waiver policy and, if such a policy exists, any application or
15forms necessary to apply for a fee waiver as part of the
16University's transfer admissions process. The University is
17encouraged to develop a policy to automatically waive the
18undergraduate transfer admissions application fee for
19low-income Illinois students transferring from a public
20community college in this State. The University shall post
21this policy in an easily accessible place on the University's
22Internet website.
23(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
24103-936, eff. 8-9-24.)
 
25    Section 205. The Eastern Illinois University Law is

 

 

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1amended 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
5of the departments or colleges of the Eastern Illinois
6University unless such student also has satisfactorily
7completed:
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

 

 

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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

 

 

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1    categories of coursework described in paragraph (1).
2    (b) When allocating funds, local boards of education shall
3recognize their obligation to their students to offer the
4coursework required by subsection (a).
5    (c) A student who has graduated from high school and has
6scored within the University's accepted range on the ACT or
7SAT shall not be required to take a high school equivalency
8test as a prerequisite to admission.
9    (d) The Board shall establish an admissions process in
10which honorably discharged veterans are permitted to submit an
11application for admission to the University as a freshman
12student enrolling in the spring semester if the veteran was on
13active duty during the fall semester. The University may
14request that the Department of Veterans Veterans' Affairs
15confirm the status of an applicant as an honorably discharged
16veteran who was on active duty during the fall semester.
17    (e) Beginning with the 2025-2026 academic year, the
18University shall provide all Illinois students transferring
19from a public community college in this State with the
20University's undergraduate transfer admissions application fee
21waiver policy and, if such a policy exists, any application or
22forms necessary to apply for a fee waiver as part of the
23University's transfer admissions process. The University is
24encouraged to develop a policy to automatically waive the
25undergraduate transfer admissions application fee for
26low-income Illinois students transferring from a public

 

 

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1community college in this State. The University shall post
2this policy in an easily accessible place on the University's
3Internet website.
4(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
5103-936, eff. 8-9-24.)
 
6    Section 210. The Governors State University Law is amended
7by 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
11of the departments or colleges of the Governors State
12University unless such student also has satisfactorily
13completed:
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

 

 

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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

 

 

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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
10recognize their obligation to their students to offer the
11coursework required by subsection (a).
12    (c) A student who has graduated from high school and has
13scored within the University's accepted range on the ACT or
14SAT shall not be required to take a high school equivalency
15test as a prerequisite to admission.
16    (d) The Board shall establish an admissions process in
17which honorably discharged veterans are permitted to submit an
18application for admission to the University as a freshman
19student enrolling in the spring semester if the veteran was on
20active duty during the fall semester. The University may
21request that the Department of Veterans Veterans' Affairs
22confirm the status of an applicant as an honorably discharged
23veteran who was on active duty during the fall semester.
24    (e) Beginning with the 2025-2026 academic year, the
25University shall provide all Illinois students transferring
26from a public community college in this State with the

 

 

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1University's undergraduate transfer admissions application fee
2waiver policy and, if such a policy exists, any application or
3forms necessary to apply for a fee waiver as part of the
4University's transfer admissions process. The University is
5encouraged to develop a policy to automatically waive the
6undergraduate transfer admissions application fee for
7low-income Illinois students transferring from a public
8community college in this State. The University shall post
9this policy in an easily accessible place on the University's
10Internet website.
11(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
12103-936, eff. 8-9-24.)
 
13    Section 215. The Illinois State University Law is amended
14by 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
18of the departments or colleges of the Illinois State
19University unless such student also has satisfactorily
20completed:
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

 

 

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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

 

 

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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
17recognize their obligation to their students to offer the
18coursework required by subsection (a).
19    (c) A student who has graduated from high school and has
20scored within the University's accepted range on the ACT or
21SAT shall not be required to take a high school equivalency
22test as a prerequisite to admission.
23    (d) The Board shall establish an admissions process in
24which honorably discharged veterans are permitted to submit an
25application for admission to the University as a freshman
26student enrolling in the spring semester if the veteran was on

 

 

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1active duty during the fall semester. The University may
2request that the Department of Veterans Veterans' Affairs
3confirm the status of an applicant as an honorably discharged
4veteran who was on active duty during the fall semester.
5    (e) Beginning with the 2025-2026 academic year, the
6University shall provide all Illinois students transferring
7from a public community college in this State with the
8University's undergraduate transfer admissions application fee
9waiver policy and, if such a policy exists, any application or
10forms necessary to apply for a fee waiver as part of the
11University's transfer admissions process. The University is
12encouraged to develop a policy to automatically waive the
13undergraduate transfer admissions application fee for
14low-income Illinois students transferring from a public
15community college in this State. The University shall post
16this policy in an easily accessible place on the University's
17Internet website.
18(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
19103-936, eff. 8-9-24.)
 
20    Section 220. The Northeastern Illinois University Law is
21amended 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

 

 

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1of the departments or colleges of the Northeastern Illinois
2University unless such student also has satisfactorily
3completed:
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

 

 

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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
25recognize their obligation to their students to offer the
26coursework required by subsection (a).

 

 

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1    (c) A student who has graduated from high school and has
2scored within the University's accepted range on the ACT or
3SAT shall not be required to take a high school equivalency
4test as a prerequisite to admission.
5    (d) The Board shall establish an admissions process in
6which honorably discharged veterans are permitted to submit an
7application for admission to the University as a freshman
8student enrolling in the spring semester if the veteran was on
9active duty during the fall semester. The University may
10request that the Department of Veterans Veterans' Affairs
11confirm the status of an applicant as an honorably discharged
12veteran who was on active duty during the fall semester.
13    (e) Beginning with the 2025-2026 academic year, the
14University shall provide all Illinois students transferring
15from a public community college in this State with the
16University's undergraduate transfer admissions application fee
17waiver policy and, if such a policy exists, any application or
18forms necessary to apply for a fee waiver as part of the
19University's transfer admissions process. The University is
20encouraged to develop a policy to automatically waive the
21undergraduate transfer admissions application fee for
22low-income Illinois students transferring from a public
23community college in this State. The University shall post
24this policy in an easily accessible place on the University's
25Internet website.
26(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;

 

 

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1103-936, eff. 8-9-24.)
 
2    Section 225. The Northern Illinois University Law is
3amended 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
7of the departments or colleges of the Northern Illinois
8University unless such student also has satisfactorily
9completed:
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
6recognize their obligation to their students to offer the
7coursework required by subsection (a).
8    (c) A student who has graduated from high school and has
9scored within the University's accepted range on the ACT or
10SAT shall not be required to take a high school equivalency
11test as a prerequisite to admission.
12    (d) The Board shall establish an admissions process in
13which honorably discharged veterans are permitted to submit an
14application for admission to the University as a freshman
15student enrolling in the spring semester if the veteran was on
16active duty during the fall semester. The University may
17request that the Department of Veterans Veterans' Affairs
18confirm the status of an applicant as an honorably discharged
19veteran who was on active duty during the fall semester.
20    (e) Beginning with the 2025-2026 academic year, the
21University shall provide all Illinois students transferring
22from a public community college in this State with the
23University's undergraduate transfer admissions application fee
24waiver policy and, if such a policy exists, any application or
25forms necessary to apply for a fee waiver as part of the
26University's transfer admissions process. The University is

 

 

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1encouraged to develop a policy to automatically waive the
2undergraduate transfer admissions application fee for
3low-income Illinois students transferring from a public
4community college in this State. The University shall post
5this policy in an easily accessible place on the University's
6Internet website.
7(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
8103-936, eff. 8-9-24.)
 
9    Section 230. The Western Illinois University Law is
10amended 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
14of the departments or colleges of the Western Illinois
15University unless such student also has satisfactorily
16completed:
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
13recognize their obligation to their students to offer the
14coursework required by subsection (a).
15    (c) A student who has graduated from high school and has
16scored within the University's accepted range on the ACT or
17SAT shall not be required to take a high school equivalency
18test as a prerequisite to admission.
19    (d) The Board shall establish an admissions process in
20which honorably discharged veterans are permitted to submit an
21application for admission to the University as a freshman
22student enrolling in the spring semester if the veteran was on
23active duty during the fall semester. The University may
24request that the Department of Veterans Veterans' Affairs
25confirm the status of an applicant as an honorably discharged
26veteran who was on active duty during the fall semester.

 

 

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1    (e) Beginning with the 20245-2026 academic year, the
2University shall provide all Illinois students transferring
3from a public community college in this State with the
4University's undergraduate transfer admissions application fee
5waiver policy and, if such a policy exists, any application or
6forms necessary to apply for a fee waiver as part of the
7University's transfer admissions process. The University is
8encouraged to develop a policy to automatically waive the
9undergraduate transfer admissions application fee for
10low-income Illinois students transferring from a public
11community college in this State. The University shall post
12this policy in an easily accessible place on the University's
13Internet website.
14(Source: P.A. 102-403, eff. 1-1-22; 102-404, eff. 1-1-22;
15103-936, eff. 8-9-24.)
 
16    Section 235. The Higher Education Student Assistance Act
17is 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
22Armed Forces of the United States, a Reserve component of the
23Armed Forces, or the Illinois National Guard, excluding
24members of the Reserve Officers' Training Corps and those

 

 

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1whose only service has been attendance at a service academy,
2and 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
12of the United States that is recognized by the issuance of a
13Presidential proclamation or a Presidential executive order
14and in which the Armed Forces expeditionary medal or other
15campaign service medals are awarded according to Presidential
16executive order.
17    (b) A person who otherwise qualifies under subsection (a)
18of this Section but has not left federal active duty service
19and has served at least one year of federal active duty or has
20served for less than one year of federal active duty in a
21foreign country during a time of hostilities in that foreign
22country and who can provide documentation demonstrating an
23honorable service record is eligible to receive assistance
24under this Section.
25    (c) A qualified applicant is not required to pay any
26tuition or mandatory fees while attending a State-controlled

 

 

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1university or public community college in this State for a
2period that is equivalent to 4 years of full-time enrollment,
3including summer terms.
4    A qualified applicant who has previously received benefits
5under this Section for a non-mandatory fee shall continue to
6receive benefits covering such fees while he or she is
7enrolled in a continuous program of study. The qualified
8applicant shall no longer receive a grant covering
9non-mandatory fees if he or she fails to enroll during an
10academic term, unless he or she is serving federal active duty
11service.
12    (d) A qualified applicant who has been or is to be awarded
13assistance under this Section shall receive that assistance if
14the qualified applicant notifies his or her postsecondary
15institution of that fact by the end of the school term for
16which assistance is requested.
17    (e) Assistance under this Section is considered an
18entitlement that the State-controlled college or public
19community college in which the qualified applicant is enrolled
20shall honor without any condition other than the qualified
21applicant's maintenance of minimum grade levels and a
22satisfactory student loan repayment record pursuant to
23subsection (c) of Section 20 of this Act.
24    (f) The Commission shall administer the grant program
25established by this Section and shall make all necessary and
26proper rules not inconsistent with this Section for its

 

 

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1effective implementation.
2    (g) All applications for assistance under this Section
3must be made to the Commission on forms that the Commission
4shall provide. The Commission shall determine the form of
5application and the information required to be set forth in
6the application, and the Commission shall require qualified
7applicants to submit with their applications any supporting
8documents that the Commission deems necessary. Upon request,
9the Department of Veterans Veterans' Affairs shall assist the
10Commission in determining the eligibility of applicants for
11assistance under this Section.
12    (h) Assistance under this Section is available as long as
13the federal government provides educational benefits to
14veterans. Assistance must not be paid under this Section after
156 months following the termination of educational benefits to
16veterans by the federal government, except for persons who
17already have begun their education with assistance under this
18Section. If the federal government terminates educational
19benefits to veterans and at a later time resumes those
20benefits, 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
23Repayment 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
2is created the Medical Providers Loan Repayment Program to be
3administered by the Illinois Student Assistance Commission in
4consultation with the Department of Veterans Veterans'
5Affairs. The program shall provide assistance, subject to
6appropriation, 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
9changing Sections 1-113, 2-201, 2-201.5, 2-213, 2-215,
103-101.5, 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
13a private home, institution, building, residence, or any other
14place, whether operated for profit or not, or a county home for
15the infirm and chronically ill operated pursuant to Division
165-21 or 5-22 of the Counties Code, or any similar institution
17operated by a political subdivision of the State of Illinois,
18which provides, through its ownership or management, personal
19care, sheltered care or nursing for 3 or more persons, not
20related to the applicant or owner by blood or marriage. It
21includes skilled nursing facilities and intermediate care
22facilities as those terms are defined in Title XVIII and Title
23XIX of the federal Social Security Act. It also includes
24homes, institutions, or other places operated by or under the

 

 

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1authority of the Illinois Department of Veterans Veterans'
2Affairs.
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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199-376, 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
5priority, each resident, or the resident's guardian, if any,
6or the resident's representative, if any, or the resident's
7immediate family member, if any, with a written statement
8explaining to the resident and to the resident's spouse (a)
9their spousal impoverishment rights, as defined at Section 5-4
10of the Illinois Public Aid Code, and at Section 303 of Title
11III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
12100-360), (b) their obligation to comply with the asset and
13income disclosure requirements of Title XIX of the federal
14Social Security Act and the regulations duly promulgated
15thereunder, except that this item (b) does not apply to
16facilities operated by the Illinois Department of Veterans
17Veterans' Affairs that do not participate in Medicaid, and (c)
18the resident's rights regarding personal funds and listing the
19services for which the resident will be charged. The facility
20shall obtain a signed acknowledgment from each resident or the
21resident's guardian, if any, or the resident's representative,
22if any, or the resident's immediate family member, if any,
23that such person has received the statement and understands
24that failure to comply with asset and income disclosure
25requirements may result in the denial of Medicaid eligibility.

 

 

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1    (2) May accept funds from a resident for safekeeping and
2managing, if it receives written authorization from, in order
3of priority, the resident or the resident's guardian, if any,
4or the resident's representative, if any, or the resident's
5immediate family member, if any; such authorization shall be
6attested to by a witness who has no pecuniary interest in the
7facility or its operations, and who is not connected in any way
8to facility personnel or the administrator in any manner
9whatsoever.
10    (3) Shall maintain and allow, in order of priority, each
11resident or the resident's guardian, if any, or the resident's
12representative, if any, or the resident's immediate family
13member, if any, access to a written record of all financial
14arrangements and transactions involving the individual
15resident's funds.
16    (4) Shall provide, in order of priority, each resident, or
17the resident's guardian, if any, or the resident's
18representative, if any, or the resident's immediate family
19member, if any, with a written itemized statement at least
20quarterly, of all financial transactions involving the
21resident's funds.
22    (5) Shall purchase a surety bond, or otherwise provide
23assurance satisfactory to the Departments of Public Health and
24Insurance that all residents' personal funds deposited with
25the facility are secure against loss, theft, and insolvency.
26    (6) Shall keep any funds received from a resident for

 

 

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1safekeeping in an account separate from the facility's funds,
2and shall at no time withdraw any part or all of such funds for
3any purpose other than to return the funds to the resident upon
4the request of the resident or any other person entitled to
5make such request, to pay the resident his allowance, or to
6make any other payment authorized by the resident or any other
7person entitled to make such authorization.
8    (7) Shall deposit any funds received from a resident in
9excess of $100 in an interest bearing account insured by
10agencies of, or corporations chartered by, the State or
11federal government. The account shall be in a form which
12clearly indicates that the facility has only a fiduciary
13interest in the funds and any interest from the account shall
14accrue to the resident. The facility may keep up to $100 of a
15resident's money in a non-interest bearing account or petty
16cash fund, to be readily available for the resident's current
17expenditures.
18    (8) Shall return to the resident, or the person who
19executed the written authorization required in subsection (2)
20of this Section, upon written request, all or any part of the
21resident's funds given the facility for safekeeping, including
22the interest accrued from deposits.
23    (9) Shall (a) place any monthly allowance to which a
24resident is entitled in that resident's personal account, or
25give it to the resident, unless the facility has written
26authorization from the resident or the resident's guardian or

 

 

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1if the resident is a minor, his parent, to handle it
2differently, (b) take all steps necessary to ensure that a
3personal needs allowance that is placed in a resident's
4personal account is used exclusively by the resident or for
5the benefit of the resident, and (c) where such funds are
6withdrawn from the resident's personal account by any person
7other than the resident, require such person to whom funds
8constituting any part of a resident's personal needs allowance
9are released, to execute an affidavit that such funds shall be
10used exclusively for the benefit of the resident.
11    (10) Unless otherwise provided by State law, upon the
12death of a resident, shall provide the executor or
13administrator of the resident's estate with a complete
14accounting of all the resident's personal property, including
15any funds of the resident being held by the facility.
16    (11) If an adult resident is incapable of managing his
17funds and does not have a resident's representative, guardian,
18or an immediate family member, shall notify the Office of the
19State Guardian of the Guardianship and Advocacy Commission.
20    (12) If the facility is sold, shall provide the buyer with
21a written verification by a public accountant of all
22residents' monies and properties being transferred, and obtain
23a 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
3nursing facility must be screened to determine the need for
4nursing facility services prior to being admitted, regardless
5of income, assets, or funding source. Screening for nursing
6facility services shall be administered through procedures
7established by administrative rule. Screening may be done by
8agencies other than the Department as established by
9administrative rule. This Section applies on and after July 1,
101996. No later than October 1, 2010, the Department of
11Healthcare and Family Services, in collaboration with the
12Department on Aging, the Department of Human Services, and the
13Department of Public Health, shall file administrative rules
14providing for the gathering, during the screening process, of
15information relevant to determining each person's potential
16for placing other residents, employees, and visitors at risk
17of harm.
18    (a-1) Any screening performed pursuant to subsection (a)
19of this Section shall include a determination of whether any
20person is being considered for admission to a nursing facility
21due to a need for mental health services. For a person who
22needs mental health services, the screening shall also include
23an evaluation of whether there is permanent supportive
24housing, or an array of community mental health services,
25including but not limited to supported housing, assertive
26community treatment, and peer support services, that would

 

 

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1enable the person to live in the community. The person shall be
2told about the existence of any such services that would
3enable the person to live safely and humanely and about
4available appropriate nursing home services that would enable
5the person to live safely and humanely, and the person shall be
6given the assistance necessary to avail himself or herself of
7any available services.
8    (a-2) Pre-screening for persons with a serious mental
9illness shall be performed by a psychiatrist, a psychologist,
10a registered nurse certified in psychiatric nursing, a
11licensed clinical professional counselor, or a licensed
12clinical social worker, who is competent to (i) perform a
13clinical assessment of the individual, (ii) certify a
14diagnosis, (iii) make a determination about the individual's
15current need for treatment, including substance abuse
16treatment, and recommend specific treatment, and (iv)
17determine whether a facility or a community-based program is
18able to meet the needs of the individual.
19    For any person entering a nursing facility, the
20pre-screening agent shall make specific recommendations about
21what care and services the individual needs to receive,
22beginning at admission, to attain or maintain the individual's
23highest level of independent functioning and to live in the
24most integrated setting appropriate for his or her physical
25and personal care and developmental and mental health needs.
26These recommendations shall be revised as appropriate by the

 

 

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1pre-screening or re-screening agent based on the results of
2resident review and in response to changes in the resident's
3wishes, needs, and interest in transition.
4    Upon the person entering the nursing facility, the
5Department of Human Services or its designee shall assist the
6person in establishing a relationship with a community mental
7health agency or other appropriate agencies in order to (i)
8promote the person's transition to independent living and (ii)
9support the person's progress in meeting individual goals.
10    (a-3) The Department of Human Services, by rule, shall
11provide for a prohibition on conflicts of interest for
12pre-admission screeners. The rule shall provide for waiver of
13those conflicts by the Department of Human Services if the
14Department of Human Services determines that a scarcity of
15qualified pre-admission screeners exists in a given community
16and that, absent a waiver of conflicts, an insufficient number
17of pre-admission screeners would be available. If a conflict
18is waived, the pre-admission screener shall disclose the
19conflict of interest to the screened individual in the manner
20provided for by rule of the Department of Human Services. For
21the purposes of this subsection, a "conflict of interest"
22includes, but is not limited to, the existence of a
23professional or financial relationship between (i) a PAS-MH
24corporate or a PAS-MH agent and (ii) a community provider or
25long-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
2Act, shall, within 24 hours after admission, request a
3criminal history background check pursuant to the Illinois
4Uniform Conviction Information Act for all persons age 18 or
5older seeking admission to the facility, unless (i) a
6background check was initiated by a hospital pursuant to
7subsection (d) of Section 6.09 of the Hospital Licensing Act
8or a pre-admission background check was conducted by the
9Department of Veterans Veterans' Affairs 30 days prior to
10admittance into an Illinois Veterans Home; (ii) the
11transferring resident is immobile; or (iii) the transferring
12resident is moving into hospice. The exemption provided in
13item (ii) or (iii) of this subsection (b) shall apply only if a
14background check was completed by the facility the resident
15resided at prior to seeking admission to the facility and the
16resident was transferred to the facility with no time passing
17during which the resident was not institutionalized. If item
18(ii) or (iii) of this subsection (b) applies, the prior
19facility shall provide a copy of its background check of the
20resident and all supporting documentation, including, when
21applicable, the criminal history report and the security
22assessment, to the facility to which the resident is being
23transferred. Background checks conducted pursuant to this
24Section shall be based on the resident's name, date of birth,
25and other identifiers as required by the Illinois State
26Police. If the results of the background check are

 

 

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1inconclusive, the facility shall initiate a fingerprint-based
2check, unless the fingerprint check is waived by the Director
3of Public Health based on verification by the facility that
4the resident is completely immobile or that the resident meets
5other criteria related to the resident's health or lack of
6potential risk which may be established by Departmental rule.
7A waiver issued pursuant to this Section shall be valid only
8while the resident is immobile or while the criteria
9supporting the waiver exist. The facility shall provide for or
10arrange for any required fingerprint-based checks to be taken
11on the premises of the facility. If a fingerprint-based check
12is required, the facility shall arrange for it to be conducted
13in a manner that is respectful of the resident's dignity and
14that minimizes any emotional or physical hardship to the
15resident.
16    (c) If the results of a resident's criminal history
17background check reveal that the resident is an identified
18offender as defined in Section 1-114.01, the facility shall do
19the 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
12contained in the Illinois Uniform Conviction Information Act.
13    All name-based and fingerprint-based criminal history
14record inquiries shall be submitted to the Illinois State
15Police electronically in the form and manner prescribed by the
16Illinois State Police. The Illinois State Police may charge
17the facility a fee for processing name-based and
18fingerprint-based criminal history record inquiries. The fee
19shall be deposited into the State Police Services Fund. The
20fee shall not exceed the actual cost of processing the
21inquiry.
22    (d) (Blank).
23    (e) The Department shall develop and maintain a
24de-identified database of residents who have injured facility
25staff, facility visitors, or other residents, and the
26attendant circumstances, solely for the purposes of evaluating

 

 

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1and improving resident pre-screening and assessment procedures
2(including the Criminal History Report prepared under Section
32-201.6) and the adequacy of Department requirements
4concerning the provision of care and services to residents. A
5resident shall not be listed in the database until a
6Department survey confirms the accuracy of the listing. The
7names of persons listed in the database and information that
8would allow them to be individually identified shall not be
9made public. Neither the Department nor any other agency of
10State government may use information in the database to take
11any action against any individual, licensee, or other entity,
12unless the Department or agency receives the information
13independent of this subsection (e). All information collected,
14maintained, or developed under the authority of this
15subsection (e) for the purposes of the database maintained
16under this subsection (e) shall be treated in the same manner
17as information that is subject to Part 21 of Article VIII of
18the 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
23administration of a vaccination against influenza to each
24resident, in accordance with the recommendations of the
25Advisory Committee on Immunization Practices of the Centers

 

 

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1for Disease Control and Prevention that are most recent to the
2time of vaccination, unless the vaccination is medically
3contraindicated or the resident has refused the vaccine.
4Influenza vaccinations for all residents age 65 and over shall
5be completed by November 30 of each year or as soon as
6practicable if vaccine supplies are not available before
7November 1. Residents admitted after November 30, during the
8flu season, and until February 1 shall, as medically
9appropriate, receive an influenza vaccination prior to or upon
10admission or as soon as practicable if vaccine supplies are
11not available at the time of the admission, unless the vaccine
12is medically contraindicated or the resident has refused the
13vaccine. In the event that the Advisory Committee on
14Immunization Practices of the Centers for Disease Control and
15Prevention determines that dates of administration other than
16those stated in this Act are optimal to protect the health of
17residents, the Department is authorized to develop rules to
18mandate vaccinations at those times rather than the times
19stated in this Act. A facility shall document in the
20resident's medical record that an annual vaccination against
21influenza was administered, arranged, refused or medically
22contraindicated.
23    (b) A facility shall administer or arrange for
24administration of a pneumococcal vaccination to each resident,
25in accordance with the recommendations of the Advisory
26Committee on Immunization Practices of the Centers for Disease

 

 

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1Control and Prevention, who has not received this immunization
2prior to or upon admission to the facility, unless the
3resident refuses the offer for vaccination or the vaccination
4is medically contraindicated. A facility shall document in
5each resident's medical record that a vaccination against
6pneumococcal pneumonia was offered and administered, arranged,
7refused, or medically contraindicated.
8    (c) All persons seeking admission to a nursing facility
9shall be verbally screened for risk factors associated with
10hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
11(HIV) according to guidelines established by the U.S. Centers
12for Disease Control and Prevention. Persons who are identified
13as being at high risk for hepatitis B, hepatitis C, or HIV
14shall be offered an opportunity to undergo laboratory testing
15in order to determine infection status if they will be
16admitted to the nursing facility for at least 7 days and are
17not known to be infected with any of the listed viruses. All
18HIV testing shall be conducted in compliance with the AIDS
19Confidentiality Act. All persons determined to be susceptible
20to the hepatitis B virus shall be offered immunization within
2110 days of admission to any nursing facility. A facility shall
22document in the resident's medical record that he or she was
23verbally screened for risk factors associated with hepatitis
24B, hepatitis C, and HIV, and whether or not the resident was
25immunized against hepatitis B. Nothing in this subsection (c)
26shall apply to a nursing facility licensed or regulated by the

 

 

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1Illinois Department of Veterans Veterans' Affairs.
2    (d) A skilled nursing facility shall designate a person or
3persons as Infection Prevention and Control Professionals to
4develop and implement policies governing control of infections
5and communicable diseases. The Infection Prevention and
6Control Professionals shall be qualified through education,
7training, experience, or certification or a combination of
8such qualifications. The Infection Prevention and Control
9Professional's qualifications shall be documented and shall be
10made available for inspection by the Department.
11    (e) The Department shall provide facilities with
12educational information on all vaccines recommended by the
13Centers for Disease Control and Prevention's Advisory
14Committee on Immunization Practices, including, but not
15limited to, the risks associated with shingles and how to
16protect oneself against the varicella-zoster virus. A facility
17shall distribute the information to: (1) each resident who
18requests the information; and (2) each newly admitted
19resident. The facility may distribute the information to
20residents 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
24Veterans' Affairs Act. If there is a conflict between the
25provisions of this Act and the provisions of the Department of

 

 

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1Veterans Veterans' Affairs Act concerning an Illinois Veterans
2Home not operated by the Department of Veterans Veterans'
3Affairs, 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
7Veterans Home licensed under this Act and operated by the
8Illinois Department of Veterans Veterans' Affairs is exempt
9from the license fee provisions of Section 3-103 of this Act
10and the provisions of Sections 3-104 through 3-106, 3-202.5,
113-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A
12monitor or receiver shall be placed in an Illinois Veterans
13Home only by court order or by agreement between the Director
14of Public Health, the Director of Veterans Veterans' Affairs,
15and the Secretary of the United States Department of Veterans
16Affairs.
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
20facility plan review.
21    (a) Before commencing construction of a new facility or
22specified types of alteration or additions to an existing
23long-term care facility involving major construction, as
24defined by rule by the Department, with an estimated cost

 

 

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1greater than $100,000, architectural drawings and
2specifications for the facility shall be submitted to the
3Department for review. A facility may submit architectural
4drawings and specifications for other construction projects
5for Department review according to subsection (b) of this
6Section. Review of drawings and specifications shall be
7conducted by an employee of the Department meeting the
8qualifications established by the Department of Central
9Management Services class specifications for such an
10individual's position or by a person contracting with the
11Department who meets those class specifications.
12    (b) The Department shall inform an applicant in writing
13within 15 working days after receiving drawings and
14specifications from the applicant whether the applicant's
15submission is complete or incomplete. Failure to provide the
16applicant with this notice within 15 working days after
17receiving drawings and specifications from the applicant shall
18result in the submission being deemed complete for purposes of
19initiating the 60-working-day review period under this
20Section. If the submission is incomplete, the Department shall
21inform the applicant of the deficiencies with the submission
22in writing.
23    If the submission is complete, the Department shall
24approve or disapprove drawings and specifications submitted to
25the Department no later than 60 working days following receipt
26by the Department. The drawings and specifications shall be of

 

 

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1sufficient detail, as provided by Department rule, to enable
2the Department to render a determination of compliance with
3design and construction standards under this Act. If the
4Department finds that the drawings are not of sufficient
5detail for it to render a determination of compliance, the
6plans shall be determined to be incomplete and shall not be
7considered for purposes of initiating the 60-working-day
8review period. If a submission of drawings and specifications
9is incomplete, the applicant may submit additional
10information. The 60-working-day review period shall not
11commence until the Department determines that a submission of
12drawings and specifications is complete or the submission is
13deemed complete. If the Department has not approved or
14disapproved the drawings and specifications within 60 working
15days after receipt by the Department, the construction, major
16alteration, or addition shall be deemed approved. If the
17drawings and specifications are disapproved, the Department
18shall state in writing, with specificity, the reasons for the
19disapproval. The entity submitting the drawings and
20specifications may submit additional information in response
21to the written comments from the Department or request a
22reconsideration of the disapproval. A final decision of
23approval or disapproval shall be made within 45 working days
24after the receipt of the additional information or
25reconsideration request. If denied, the Department shall state
26the specific reasons for the denial.

 

 

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1    (c) The Department shall provide written approval for
2occupancy pursuant to subsection (e) of this Section and shall
3not issue a violation to a facility as a result of a licensure
4or complaint survey based upon the facility's physical
5structure 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
17with its reviews to the Department of Veterans Veterans'
18Affairs.
19    (e) The Department shall conduct an on-site inspection of
20the completed project no later than 45 working days after
21notification from the applicant that the project has been
22completed and all certifications required by the Department
23have been received and accepted by the Department, except
24that, during a statewide public health emergency, as defined
25in the Illinois Emergency Management Agency Act, the
26Department shall conduct an on-site inspection of the

 

 

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1completed project to the extent feasible. The Department may
2extend this deadline if a federally mandated survey time frame
3takes precedence. The Department shall provide written
4approval for occupancy to the applicant within 7 working days
5after the Department's final inspection, provided the
6applicant has demonstrated substantial compliance as defined
7by Department rule. Occupancy of new major construction is
8prohibited until Department approval is received, unless the
9Department has not acted within the time frames provided in
10this subsection (e), in which case the construction shall be
11deemed approved. Occupancy shall be authorized after any
12required health inspection by the Department has been
13conducted.
14    (f) The Department shall establish, by rule, an expedited
15process for emergency repairs or replacement of like
16equipment.
17    (g) Nothing in this Section shall be construed to apply to
18maintenance, upkeep, or renovation that does not affect the
19structural integrity or fire or life safety of the building,
20does not add beds or services over the number for which the
21long-term care facility is licensed, and provides a reasonable
22degree of safety for the residents.
23    (h) If the number of licensed facilities increases or the
24number of beds for the currently licensed facilities
25increases, the Department has the right to reassess the
26mandated 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
7identify distressed facilities and shall publish a list of
8distressed facilities quarterly. The Department shall, by
9rule, create a timeframe and a procedure on how a facility can
10be removed from the list. No facility shall be identified as a
11distressed facility unless it has committed a violation or
12deficiency that has harmed a resident.
13    (c) The Department shall, by rule, adopt criteria to
14identify non-Medicaid-certified facilities that are distressed
15and shall publish this list quarterly. The list may not
16contain more than 40 facilities per quarter.
17    (d) The Department shall notify each facility of its
18distressed designation, and of the calculation on which it is
19based. A facility has the right to appeal a designation, and
20the procedure for appealing shall be outlined in rule.
21    (e) A distressed facility may contract with an independent
22consultant meeting criteria established by the Department. If
23the distressed facility does not seek the assistance of an
24independent consultant, the Department shall place a monitor
25in the facility, depending on the Department's assessment of

 

 

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1the condition of the facility.
2    (f) A facility that has been designated a distressed
3facility may contract with an independent consultant to
4develop and assist in the implementation of a plan of
5improvement to bring and keep the facility in compliance with
6this Act and, if applicable, with federal certification
7requirements. A facility that contracts with an independent
8consultant shall have 90 days to develop a plan of improvement
9and demonstrate a good faith effort at implementation, and
10another 90 days to achieve compliance and take whatever
11additional actions are called for in the improvement plan to
12maintain compliance. A facility that the Department determines
13has a plan of improvement likely to bring and keep the facility
14in compliance and that has demonstrated good faith efforts at
15implementation within the first 90 days may be eligible to
16receive a grant under the Equity in Long-term Care Quality Act
17to assist it in achieving and maintaining compliance. In this
18subsection, "independent" consultant means an individual who
19has no professional or financial relationship with the
20facility, any person with a reportable ownership interest in
21the facility, or any related parties. In this subsection,
22"related parties" has the meaning attributed to it in the
23instructions for completing Medicaid cost reports.
24    (f-5) A distressed facility that does not contract with a
25consultant shall be assigned a monitor at the Department's
26discretion. The monitor may apply to the Equity in Long-term

 

 

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1Care Quality Fund on behalf of the facility for grant funds to
2implement the plan of improvement.
3    (g) The Department shall, by rule, establish a mentor
4program for owners and operators of distressed facilities. The
5mentor program shall provide technical assistance and guidance
6to facilities.
7    (h) The Department shall by rule establish sanctions (in
8addition to those authorized elsewhere in this Article)
9against distressed facilities that are not in compliance with
10this Act and (if applicable) with federal certification
11requirements. Criteria for imposing sanctions shall take into
12account a facility's actions to address the violations and
13deficiencies that caused its designation as a distressed
14facility, and its compliance with this Act and with federal
15certification requirements (if applicable), subsequent to its
16designation as a distressed facility, including mandatory
17revocations if criteria can be agreed upon by the Department,
18resident advocates, and representatives of the nursing home
19profession. By February 1, 2011, the Department shall report
20to the General Assembly on the results of negotiations about
21creating criteria for mandatory license revocations of
22distressed facilities and make recommendations about any
23statutory changes it believes are appropriate to protect the
24health, safety, and welfare of nursing home residents.
25    (i) The Department may establish, by rule, criteria for
26restricting an owner of a facility from acquiring additional

 

 

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1nursing facilities if the facility was placed on the
2distressed list while it was owned by that owner. The
3Department may not prohibit an owner who acquires ownership of
4a facility that is already on the distressed facility list
5before the owner's acquisition of the facility from acquiring
6additional skilled nursing facilities.
7    (j) This Section does not apply to homes, institutions, or
8other places operated by or under the authority of the
9Illinois Department of Veterans Veterans' Affairs as these
10facilities are certified by the United States Department of
11Veterans Affairs and not the Centers for Medicare and Medicaid
12Services.
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
16Veterans Veterans' Affairs; penalty offset.
17    (a) In the case of a veterans home, institution, or other
18place operated by or under the authority of the Illinois
19Department of Veterans Veterans' Affairs, the amount of any
20penalty or fine shall be offset by the cost of the plan of
21correction, capital improvements, or physical plant repairs.
22For purposes of this Section only, "offset" means that the
23amount that the Illinois Department of Veterans Veterans'
24Affairs expends to pay for the cost of a plan of correction
25shall be deemed by the Illinois Department of Public Health to

 

 

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1fully satisfy any monetary penalty or fine imposed by the
2Department of Public Health. Once a fine or monetary penalty
3is offset pursuant to this Section, in no case may the
4Department of Public Health, with respect to the offense for
5which the fine or penalty was levied, continue to purport to
6impose a fine or monetary penalty upon the Department of
7Veterans Veterans' Affairs for that violation.
8    (b) The Director of Public Health shall issue a
9Declaration to the Director of Veterans Veterans' Affairs
10confirming the citation of each Type "A" violation and request
11that immediate action be taken to protect the health and
12safety 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
151-113 as follows:
 
16    (210 ILCS 46/1-113)
17    Sec. 1-113. Facility. "MC/DD facility" or "facility"
18means a medically complex for the developmentally disabled
19facility, whether operated for profit or not, which provides,
20through its ownership or management, personal care or nursing
21for 3 or more persons not related to the applicant or owner by
22blood 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
23changing 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"
2means an intermediate care facility for persons with
3developmental disabilities, whether operated for profit or
4not, which provides, through its ownership or management,
5personal care or nursing for 3 or more persons not related to
6the applicant or owner by blood or marriage. It includes
7intermediate care facilities for the intellectually disabled
8as the term is defined in Title XVIII and Title XIX of the
9federal 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;
499-642, eff. 7-28-16.)
 
5    Section 260. The Specialized Mental Health Rehabilitation
6Act 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,
9unless the context otherwise requires:
10    "Abuse" means any physical or mental injury or sexual
11assault inflicted on a consumer other than by accidental means
12in 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,
22nationally certified as a mental health or psychiatric nurse
23practitioner and licensed under the Nurse Practice Act.
24    "Applicant" means any person making application for a

 

 

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1license or a provisional license under this Act.
2    "Consumer" means a person, 18 years of age or older,
3admitted to a mental health rehabilitation facility for
4evaluation, observation, diagnosis, treatment, stabilization,
5recovery, 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
6information on the care, treatment, and rehabilitation
7services rendered to a consumer in a specialized mental health
8rehabilitation facility.
9    "Controlled drugs" means those drugs covered under the
10federal Comprehensive Drug Abuse Prevention Control Act of
111970, 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
14facility.
15    "Drug administration" means the act in which a single dose
16of a prescribed drug or biological is given to a consumer. The
17complete act of administration entails removing an individual
18dose from a container, verifying the dose with the
19prescriber's orders, giving the individual dose to the
20consumer, and promptly recording the time and dose given.
21    "Drug dispensing" means the act entailing the following of
22a prescription order for a drug or biological and proper
23selection, measuring, packaging, labeling, and issuance of the
24drug or biological to a consumer.
25    "Emergency" means a situation, physical condition, or one
26or more practices, methods, or operations which present

 

 

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1imminent danger of death or serious physical or mental harm to
2consumers of a facility.
3    "Facility" means a specialized mental health
4rehabilitation facility that provides at least one of the
5following services: (1) triage center; (2) crisis
6stabilization; (3) recovery and rehabilitation supports; or
7(4) transitional living units for 3 or more persons. The
8facility shall provide a 24-hour program that provides
9intensive support and recovery services designed to assist
10persons, 18 years or older, with mental disorders to develop
11the skills to become self-sufficient and capable of increasing
12levels of independent functioning. It includes facilities that
13meet 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
24the general administration and supervision of a facility
25licensed under this Act and who is a licensed nursing home
26administrator, licensed practitioner of the healing arts, or

 

 

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1qualified mental health professional.
2    "Guardian" means a person appointed as a guardian of the
3person or guardian of the estate, or both, of a consumer under
4the Probate Act of 1975.
5    "Identified offender" means a person who meets any of the
6following 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
4facility that have the purpose of assisting the consumer in
5developing and reinforcing the necessary skills to live
6independently outside of the facility. The duration of stay in
7such a setting shall not exceed 120 days for each consumer.
8Nothing in this definition shall be construed to be a
9prerequisite for transitioning out of a facility.
10    "Licensee" means the person, persons, firm, partnership,
11association, organization, company, corporation, or business
12trust to which a license has been issued.
13    "Misappropriation of a consumer's property" means the
14deliberate misplacement, exploitation, or wrongful temporary
15or permanent use of a consumer's belongings or money without
16the consent of a consumer or his or her guardian.
17    "Neglect" means a facility's failure to provide, or
18willful withholding of, adequate medical care, mental health
19treatment, psychiatric rehabilitation, personal care, or
20assistance that is necessary to avoid physical harm and mental
21anguish of a consumer.
22    "Personal care" means assistance with meals, dressing,
23movement, bathing, or other personal needs, maintenance, or
24general supervision and oversight of the physical and mental
25well-being of an individual who is incapable of maintaining a
26private, independent residence or who is incapable of managing

 

 

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1his or her person, whether or not a guardian has been appointed
2for such individual. "Personal care" shall not be construed to
3confine or otherwise constrain a facility's pursuit to develop
4the skills and abilities of a consumer to become
5self-sufficient and capable of increasing levels of
6independent functioning.
7    "Recovery and rehabilitation supports" means a program
8that facilitates a consumer's longer-term symptom management
9and stabilization while preparing the consumer for
10transitional living units by improving living skills and
11community socialization. The duration of stay in such a
12setting 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
8be responsible for the control, management, and use of their
9own medication.
10    "Crisis stabilization" means a secure and separate unit
11that provides short-term behavioral, emotional, or psychiatric
12crisis stabilization as an alternative to hospitalization or
13re-hospitalization for consumers from residential or community
14placement. The duration of stay in such a setting shall not
15exceed 21 days for each consumer.
16    "Therapeutic separation" means the removal of a consumer
17from the milieu to a room or area which is designed to aid in
18the emotional or psychiatric stabilization of that consumer.
19    "Triage center" means a non-residential 23-hour center
20that serves as an alternative to emergency room care,
21hospitalization, or re-hospitalization for consumers in need
22of short-term crisis stabilization. Consumers may access a
23triage center from a number of referral sources, including
24family, emergency rooms, hospitals, community behavioral
25health providers, federally qualified health providers, or
26schools, including colleges or universities. A triage center

 

 

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1may be located in a building separate from the licensed
2location of a facility, but shall not be more than 1,000 feet
3from the licensed location of the facility and must meet all of
4the facility standards applicable to the licensed location. If
5the triage center does operate in a separate building, safety
6personnel shall be provided, on site, 24 hours per day and the
7triage center shall meet all other staffing requirements
8without counting any staff employed in the main facility
9building.
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
12amended 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
16or under the control of a custodial agency, including, but not
17limited to, a person who is incarcerated, under arrest,
18detained, or otherwise under the physical control of a
19custodial agency.
20    "Custodial agency" means the Illinois Department of
21Corrections, the Illinois State Police, the sheriff of a
22county, a county jail, a correctional institution, or any
23other State agency, municipality, or unit of local government
24that employs personnel designated as police, peace officers,

 

 

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1wardens, corrections officers, or guards or that employs
2personnel vested by law with the power to place or maintain a
3person in custody.
4    "Health care provider" means a retail health care
5facility, a hospital subject to the Hospital Licensing Act or
6the University of Illinois Hospital Act, or a veterans home as
7defined in the Department of Veterans Veterans' Affairs Act.
8    "Health care worker" means nursing assistants and other
9support personnel, any individual licensed under the laws of
10this State to provide health services, including but not
11limited to: dentists licensed under the Illinois Dental
12Practice Act; dental hygienists licensed under the Illinois
13Dental Practice Act; nurses and advanced practice registered
14nurses licensed under the Nurse Practice Act; occupational
15therapists licensed under the Illinois Occupational Therapy
16Practice Act; optometrists licensed under the Illinois
17Optometric Practice Act of 1987; pharmacists licensed under
18the Pharmacy Practice Act; physical therapists licensed under
19the Illinois Physical Therapy Act; physicians licensed under
20the Medical Practice Act of 1987; physician assistants
21licensed under the Physician Assistant Practice Act of 1987;
22podiatric physicians licensed under the Podiatric Medical
23Practice Act of 1987; clinical psychologists licensed under
24the Clinical Psychologist Licensing Act; clinical social
25workers licensed under the Clinical Social Work and Social
26Work Practice Act; speech-language pathologists and

 

 

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1audiologists licensed under the Illinois Speech-Language
2Pathology and Audiology Practice Act; or hearing instrument
3dispensers licensed under the Hearing Instrument Consumer
4Protection Act, or any of their successor Acts.
5    "Nurse" means a person who is licensed to practice nursing
6under the Nurse Practice Act.
7    "Retail health care facility" means an institution, place,
8or 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,
21long-term care facilities, ambulatory treatment centers, blood
22banks, clinical laboratories, offices of physicians, advanced
23practice registered nurses, podiatrists, and physician
24assistants, and pharmacies that provide limited health care
25services.
26(Source: P.A. 100-1051, eff. 1-1-19.)
 

 

 

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1    Section 280. The Essential Support Person Act is amended
2by 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
7not 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
12defined in Section 10 of the Alzheimer's Disease and Related
13Dementias Special Care Disclosure Act; an assisted living
14establishment or shared housing establishment as defined in
15Section 10 of the Assisted Living and Shared Housing Act; a
16Community Living Facility as defined in Section 3 of the
17Community Living Facilities Licensing Act; a facility as
18defined in Section 2 of the Life Care Facilities Act; a
19continuum of care facility as defined in Section 10 of the
20Continuum of Care Services for the Developmentally Disabled
21Act; a facility as defined in Section 1-113 of the Nursing Home
22Care Act; a MC/DD facility as defined in Section 1-113 of the
23MC/DD Act; an ID/DD facility as defined in Section 1-113 of the
24ID/DD Community Care Act; a hospice program as defined in

 

 

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1Section 3 of the Hospice Program Licensing Act; a Supportive
2Residence as defined in Section 10 of the Supportive
3Residences Licensing Act; a facility as defined in Section
41-102 of the Specialized Mental Health Rehabilitation Act of
52013; a home, institution, or other place operated by or under
6the authority of the Department of Veterans Veterans' Affairs;
7an Alzheimer's disease management center alternative health
8care model under the Alternative Health Care Delivery Act; and
9a home, institution, or other place that is a State-operated
10mental health or developmental disability center or facility.
11"Facility" does not include a hospital as defined in the
12Hospital Licensing Act or any hospital authorized under the
13University of Illinois Hospital Act. "Facility" does not
14include any facility that the Department of Public Health or
15the Department of Veterans Veterans' Affairs does not
16regulate.
17    "Office" means the Office of State Long Term Care
18Ombudsman.
19    "Person-centered care plan" means a care plan for a
20resident developed by the resident or resident's
21representative in consultation with health professionals that
22focuses on the resident's physical, emotional, psychological,
23and socialization needs and describes the resident's right to
24designate a primary essential support person or secondary
25essential support person.
26    "Primary essential support person" means a person

 

 

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1designated by a resident, or the resident's representative,
2who has access to the resident in accordance with rules set by
3the Department to provide essential support according to the
4resident's person-centered care plan.
5    "Resident" means a person who is living in a facility or is
6seeking admission to a facility. "Resident" includes a
7guardian of the person or an agent for the person under a power
8of attorney.
9    "Secondary essential support person" means a person
10designated by the resident, or the resident's representative,
11to 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
14changing 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
18insurance or managed care plan that provides coverage for
19dependents and that is amended, delivered, issued, or renewed
20after the effective date of this amendatory Act of the 95th
21General Assembly shall not terminate coverage or deny the
22election of coverage for an unmarried dependent by reason of
23the 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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1amendment, delivery, issuance, or renewal, establish an
2initial enrollment period of not less than 90 days during
3which an insured may make a written election for coverage of an
4unmarried person as a dependent under this Section. After the
5initial enrollment period, enrollment by a dependent pursuant
6to this Section shall be consistent with the enrollment terms
7of the plan or policy.
8    (c) A policy or plan subject to this Section shall allow
9for dependent coverage during the annual open enrollment date
10or the annual renewal date if the dependent, as of the date on
11which the insured elects dependent coverage under this
12subsection, 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.
17An insured may elect coverage for a dependent who does not meet
18the continuous creditable coverage requirements of this
19subsection (c) and that dependent shall not be denied coverage
20due to age.
21    For purposes of this subsection (c), "creditable coverage"
22shall have the meaning provided under subsection (C)(1) of
23Section 20 of the Illinois Health Insurance Portability and
24Accountability Act.
25    (d) Military personnel. A group or individual policy of
26accident and health insurance or managed care plan that

 

 

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1provides coverage for dependents and that is amended,
2delivered, issued, or renewed after the effective date of this
3amendatory Act of the 95th General Assembly shall not
4terminate coverage or deny the election of coverage for an
5unmarried dependent by reason of the dependent's age before
6the dependent's 30th birthday if the dependent (i) is an
7Illinois resident, (ii) served as a member of the active or
8reserve components of any of the branches of the Armed Forces
9of the United States, and (iii) has received a release or
10discharge other than a dishonorable discharge. To be eligible
11for coverage under this subsection (d), the eligible dependent
12shall submit to the insurer a form approved by the Illinois
13Department of Veterans Veterans' Affairs stating the date on
14which the dependent was released from service.
15    (e) Calculation of the cost of coverage provided to an
16unmarried dependent under this Section shall be identical.
17    (f) Nothing in this Section shall prohibit an employer
18from requiring an employee to pay all or part of the cost of
19coverage provided under this Section.
20    (g) No exclusions or limitations may be applied to
21coverage elected pursuant to this Section that do not apply to
22all dependents covered under the policy.
23    (h) A policy or plan subject to this Section shall not
24condition eligibility for dependent coverage provided pursuant
25to this Section on enrollment in any educational institution.
26    (i) Notice regarding coverage for a dependent as provided

 

 

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1pursuant to this Section shall be provided to an insured by the
2insurer:
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
10changing 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
13in any building belonging to or under the control of the State
14or any political subdivision thereof except as provided in
15this Act. The corporate authorities of any city, village,
16incorporated town, township, or county may provide by
17ordinance, however, that alcoholic liquor may be sold or
18delivered in any specifically designated building belonging to
19or under the control of the municipality, township, or county,
20or in any building located on land under the control of the
21municipality, township, or county; provided that such township
22or county complies with all applicable local ordinances in any
23incorporated area of the township or county. Alcoholic liquor
24may be delivered to and sold under the authority of a special

 

 

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1use permit on any property owned by a conservation district
2organized under the Conservation District Act, provided that
3(i) the alcoholic liquor is sold only at an event authorized by
4the governing board of the conservation district, (ii) the
5issuance of the special use permit is authorized by the local
6liquor control commissioner of the territory in which the
7property is located, and (iii) the special use permit
8authorizes the sale of alcoholic liquor for one day or less.
9Alcoholic liquors may be delivered to and sold at any airport
10belonging to or under the control of a municipality of more
11than 25,000 inhabitants, or in any building or on any golf
12course owned by a park district organized under the Park
13District Code, subject to the approval of the governing board
14of the district, or in any building or on any golf course owned
15by a forest preserve district organized under the Downstate
16Forest Preserve District Act, subject to the approval of the
17governing board of the district, or on the grounds within 500
18feet of any building owned by a forest preserve district
19organized under the Downstate Forest Preserve District Act
20during times when food is dispensed for consumption within 500
21feet of the building from which the food is dispensed, subject
22to the approval of the governing board of the district, or in a
23building owned by a Local Mass Transit District organized
24under the Local Mass Transit District Act, subject to the
25approval of the governing Board of the District, or in
26Bicentennial Park, or on the premises of the City of Mendota

 

 

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1Lake Park located adjacent to Route 51 in Mendota, Illinois,
2or on the premises of Camden Park in Milan, Illinois, or in the
3community center owned by the City of Loves Park that is
4located at 1000 River Park Drive in Loves Park, Illinois, or,
5in connection with the operation of an established food
6serving facility during times when food is dispensed for
7consumption on the premises, and at the following aquarium and
8museums located in public parks: Art Institute of Chicago,
9Chicago Academy of Sciences, Chicago Historical Society, Field
10Museum of Natural History, Museum of Science and Industry,
11DuSable Museum of African American History, John G. Shedd
12Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
13and Sciences in Peoria, or in connection with the operation of
14the facilities of the Chicago Zoological Society or the
15Chicago Horticultural Society on land owned by the Forest
16Preserve District of Cook County, or on any land used for a
17golf course or for recreational purposes owned by the Forest
18Preserve District of Cook County, subject to the control of
19the Forest Preserve District Board of Commissioners and
20applicable local law, provided that dram shop liability
21insurance is provided at maximum coverage limits so as to hold
22the District harmless from all financial loss, damage, and
23harm, or in any building located on land owned by the Chicago
24Park District if approved by the Park District Commissioners,
25or on any land used for a golf course or for recreational
26purposes and owned by the Illinois International Port District

 

 

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1if approved by the District's governing board, or at any
2airport, golf course, faculty center, or facility in which
3conference and convention type activities take place belonging
4to or under control of any State university or public
5community college district, provided that with respect to a
6facility for conference and convention type activities
7alcoholic liquors shall be limited to the use of the
8convention or conference participants or participants in
9cultural, political or educational activities held in such
10facilities, and provided further that the faculty or staff of
11the State university or a public community college district,
12or members of an organization of students, alumni, faculty or
13staff of the State university or a public community college
14district are active participants in the conference or
15convention, or in Memorial Stadium on the campus of the
16University of Illinois at Urbana-Champaign during games in
17which the Chicago Bears professional football team is playing
18in that stadium during the renovation of Soldier Field, not
19more than one and a half hours before the start of the game and
20not after the end of the third quarter of the game, or in the
21Pavilion Facility on the campus of the University of Illinois
22at Chicago during games in which the Chicago Storm
23professional soccer team is playing in that facility, not more
24than one and a half hours before the start of the game and not
25after the end of the third quarter of the game, or in the
26Pavilion Facility on the campus of the University of Illinois

 

 

HB2547 Enrolled- 235 -LRB104 09526 KTG 19589 b

1at Chicago during games in which the WNBA professional women's
2basketball team is playing in that facility, not more than one
3and a half hours before the start of the game and not after the
410-minute mark of the second half of the game, or by a catering
5establishment which has rented facilities from a board of
6trustees of a public community college district, or in a
7restaurant that is operated by a commercial tenant in the
8North Campus Parking Deck building that (1) is located at 1201
9West University Avenue, Urbana, Illinois and (2) is owned by
10the Board of Trustees of the University of Illinois, or, if
11approved by the District board, on land owned by the
12Metropolitan Sanitary District of Greater Chicago and leased
13to others for a term of at least 20 years. Nothing in this
14Section precludes the sale or delivery of alcoholic liquor in
15the form of original packaged goods in premises located at 500
16S. Racine in Chicago belonging to the University of Illinois
17and used primarily as a grocery store by a commercial tenant
18during the term of a lease that predates the University's
19acquisition of the premises; but the University shall have no
20power or authority to renew, transfer, or extend the lease
21with terms allowing the sale of alcoholic liquor; and the sale
22of alcoholic liquor shall be subject to all local laws and
23regulations. After the acquisition by Winnebago County of the
24property located at 404 Elm Street in Rockford, a commercial
25tenant who sold alcoholic liquor at retail on a portion of the
26property under a valid license at the time of the acquisition

 

 

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1may continue to do so for so long as the tenant and the County
2may agree under existing or future leases, subject to all
3local laws and regulations regarding the sale of alcoholic
4liquor. Alcoholic liquors may be delivered to and sold at
5Memorial Hall, located at 211 North Main Street, Rockford,
6under conditions approved by Winnebago County and subject to
7all local laws and regulations regarding the sale of alcoholic
8liquor. Each facility shall provide dram shop liability in
9maximum insurance coverage limits so as to save harmless the
10State, municipality, State university, airport, golf course,
11faculty center, facility in which conference and convention
12type activities take place, park district, Forest Preserve
13District, public community college district, aquarium, museum,
14or sanitary district from all financial loss, damage or harm.
15Alcoholic liquors may be sold at retail in buildings of golf
16courses owned by municipalities or Illinois State University
17in connection with the operation of an established food
18serving facility during times when food is dispensed for
19consumption upon the premises. Alcoholic liquors may be
20delivered to and sold at retail in any building owned by a fire
21protection district organized under the Fire Protection
22District Act, provided that such delivery and sale is approved
23by the board of trustees of the district, and provided further
24that such delivery and sale is limited to fundraising events
25and to a maximum of 6 events per year. However, the limitation
26to fundraising events and to a maximum of 6 events per year

 

 

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1does not apply to the delivery, sale, or manufacture of
2alcoholic liquors at the building located at 59 Main Street in
3Oswego, Illinois, owned by the Oswego Fire Protection District
4if the alcoholic liquor is sold or dispensed as approved by the
5Oswego Fire Protection District and the property is no longer
6being utilized for fire protection purposes.
7    Alcoholic liquors may be served or sold in buildings under
8the control of the Board of Trustees of the University of
9Illinois for events that the Board may determine are public
10events and not related student activities. The Board of
11Trustees shall issue a written policy within 6 months of
12August 15, 2008 (the effective date of Public Act 95-847)
13concerning the types of events that would be eligible for an
14exemption. Thereafter, the Board of Trustees may issue
15revised, updated, new, or amended policies as it deems
16necessary and appropriate. In preparing its written policy,
17the Board of Trustees shall, among other factors it considers
18relevant and important, give consideration to the following:
19(i) whether the event is a student activity or student-related
20student related activity; (ii) whether the physical setting of
21the event is conducive to control of liquor sales and
22distribution; (iii) the ability of the event operator to
23ensure that the sale or serving of alcoholic liquors and the
24demeanor of the participants are in accordance with State law
25and University policies; (iv) regarding the anticipated
26attendees at the event, the relative proportion of individuals

 

 

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1under the age of 21 to individuals age 21 or older; (v) the
2ability of the venue operator to prevent the sale or
3distribution of alcoholic liquors to individuals under the age
4of 21; (vi) whether the event prohibits participants from
5removing alcoholic beverages from the venue; and (vii) whether
6the event prohibits participants from providing their own
7alcoholic liquors to the venue. In addition, any policy
8submitted by the Board of Trustees to the Illinois Liquor
9Control Commission must require that any event at which
10alcoholic liquors are served or sold in buildings under the
11control of the Board of Trustees shall require the prior
12written approval of the Office of the Chancellor for the
13University campus where the event is located. The Board of
14Trustees shall submit its policy, and any subsequently
15revised, updated, new, or amended policies, to the Illinois
16Liquor Control Commission, and any University event, or
17location for an event, exempted under such policies shall
18apply for a license under the applicable Sections of this Act.
19    Alcoholic liquors may be served or sold in buildings under
20the control of the Board of Trustees of Northern Illinois
21University for events that the Board may determine are public
22events and not student-related activities. The Board of
23Trustees shall issue a written policy within 6 months after
24June 28, 2011 (the effective date of Public Act 97-45)
25concerning the types of events that would be eligible for an
26exemption. Thereafter, the Board of Trustees may issue

 

 

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1revised, updated, new, or amended policies as it deems
2necessary and appropriate. In preparing its written policy,
3the Board of Trustees shall, in addition to other factors it
4considers relevant and important, give consideration to the
5following: (i) whether the event is a student activity or
6student-related activity; (ii) whether the physical setting of
7the event is conducive to control of liquor sales and
8distribution; (iii) the ability of the event operator to
9ensure that the sale or serving of alcoholic liquors and the
10demeanor of the participants are in accordance with State law
11and University policies; (iv) the anticipated attendees at the
12event and the relative proportion of individuals under the age
13of 21 to individuals age 21 or older; (v) the ability of the
14venue operator to prevent the sale or distribution of
15alcoholic liquors to individuals under the age of 21; (vi)
16whether the event prohibits participants from removing
17alcoholic beverages from the venue; and (vii) whether the
18event prohibits participants from providing their own
19alcoholic liquors to the venue.
20    Alcoholic liquors may be served or sold in buildings under
21the control of the Board of Trustees of Chicago State
22University for events that the Board may determine are public
23events and not student-related activities. The Board of
24Trustees shall issue a written policy within 6 months after
25August 2, 2013 (the effective date of Public Act 98-132)
26concerning the types of events that would be eligible for an

 

 

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1exemption. Thereafter, the Board of Trustees may issue
2revised, updated, new, or amended policies as it deems
3necessary and appropriate. In preparing its written policy,
4the Board of Trustees shall, in addition to other factors it
5considers relevant and important, give consideration to the
6following: (i) whether the event is a student activity or
7student-related activity; (ii) whether the physical setting of
8the event is conducive to control of liquor sales and
9distribution; (iii) the ability of the event operator to
10ensure that the sale or serving of alcoholic liquors and the
11demeanor of the participants are in accordance with State law
12and University policies; (iv) the anticipated attendees at the
13event and the relative proportion of individuals under the age
14of 21 to individuals age 21 or older; (v) the ability of the
15venue operator to prevent the sale or distribution of
16alcoholic liquors to individuals under the age of 21; (vi)
17whether the event prohibits participants from removing
18alcoholic beverages from the venue; and (vii) whether the
19event prohibits participants from providing their own
20alcoholic liquors to the venue.
21    Alcoholic liquors may be served or sold in buildings under
22the control of the Board of Trustees of Illinois State
23University for events that the Board may determine are public
24events and not student-related activities. The Board of
25Trustees shall issue a written policy within 6 months after
26March 1, 2013 (the effective date of Public Act 97-1166)

 

 

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1concerning the types of events that would be eligible for an
2exemption. Thereafter, the Board of Trustees may issue
3revised, updated, new, or amended policies as it deems
4necessary and appropriate. In preparing its written policy,
5the Board of Trustees shall, in addition to other factors it
6considers relevant and important, give consideration to the
7following: (i) whether the event is a student activity or
8student-related activity; (ii) whether the physical setting of
9the event is conducive to control of liquor sales and
10distribution; (iii) the ability of the event operator to
11ensure that the sale or serving of alcoholic liquors and the
12demeanor of the participants are in accordance with State law
13and University policies; (iv) the anticipated attendees at the
14event and the relative proportion of individuals under the age
15of 21 to individuals age 21 or older; (v) the ability of the
16venue operator to prevent the sale or distribution of
17alcoholic liquors to individuals under the age of 21; (vi)
18whether the event prohibits participants from removing
19alcoholic beverages from the venue; and (vii) whether the
20event prohibits participants from providing their own
21alcoholic liquors to the venue.
22    Alcoholic liquors may be served or sold in buildings under
23the control of the Board of Trustees of Southern Illinois
24University for events that the Board may determine are public
25events and not student-related activities. The Board of
26Trustees shall issue a written policy within 6 months after

 

 

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1August 12, 2016 (the effective date of Public Act 99-795)
2concerning the types of events that would be eligible for an
3exemption. Thereafter, the Board of Trustees may issue
4revised, updated, new, or amended policies as it deems
5necessary and appropriate. In preparing its written policy,
6the Board of Trustees shall, in addition to other factors it
7considers relevant and important, give consideration to the
8following: (i) whether the event is a student activity or
9student-related activity; (ii) whether the physical setting of
10the event is conducive to control of liquor sales and
11distribution; (iii) the ability of the event operator to
12ensure that the sale or serving of alcoholic liquors and the
13demeanor of the participants are in accordance with State law
14and University policies; (iv) the anticipated attendees at the
15event and the relative proportion of individuals under the age
16of 21 to individuals age 21 or older; (v) the ability of the
17venue operator to prevent the sale or distribution of
18alcoholic liquors to individuals under the age of 21; (vi)
19whether the event prohibits participants from removing
20alcoholic beverages from the venue; and (vii) whether the
21event prohibits participants from providing their own
22alcoholic liquors to the venue.
23    Alcoholic liquors may be served or sold in buildings under
24the control of the Board of Trustees of a public university for
25events that the Board of Trustees of that public university
26may determine are public events and not student-related

 

 

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1activities. If the Board of Trustees of a public university
2has not issued a written policy pursuant to an exemption under
3this Section on or before July 15, 2016 (the effective date of
4Public Act 99-550), then that Board of Trustees shall issue a
5written policy within 6 months after July 15, 2016 (the
6effective date of Public Act 99-550) concerning the types of
7events that would be eligible for an exemption. Thereafter,
8the Board of Trustees may issue revised, updated, new, or
9amended policies as it deems necessary and appropriate. In
10preparing its written policy, the Board of Trustees shall, in
11addition to other factors it considers relevant and important,
12give consideration to the following: (i) whether the event is
13a student activity or student-related activity; (ii) whether
14the physical setting of the event is conducive to control of
15liquor sales and distribution; (iii) the ability of the event
16operator to ensure that the sale or serving of alcoholic
17liquors and the demeanor of the participants are in accordance
18with State law and University policies; (iv) the anticipated
19attendees at the event and the relative proportion of
20individuals under the age of 21 to individuals age 21 or older;
21(v) the ability of the venue operator to prevent the sale or
22distribution of alcoholic liquors to individuals under the age
23of 21; (vi) whether the event prohibits participants from
24removing alcoholic beverages from the venue; and (vii) whether
25the event prohibits participants from providing their own
26alcoholic liquors to the venue. As used in this paragraph,

 

 

HB2547 Enrolled- 244 -LRB104 09526 KTG 19589 b

1"public university" means the University of Illinois, Illinois
2State University, Chicago State University, Governors State
3University, Southern Illinois University, Northern Illinois
4University, Eastern Illinois University, Western Illinois
5University, and Northeastern Illinois University.
6    Alcoholic liquors may be served or sold in buildings under
7the control of the Board of Trustees of a community college
8district for events that the Board of Trustees of that
9community college district may determine are public events and
10not student-related activities. The Board of Trustees shall
11issue a written policy within 6 months after July 15, 2016 (the
12effective date of Public Act 99-550) concerning the types of
13events that would be eligible for an exemption. Thereafter,
14the Board of Trustees may issue revised, updated, new, or
15amended policies as it deems necessary and appropriate. In
16preparing its written policy, the Board of Trustees shall, in
17addition to other factors it considers relevant and important,
18give consideration to the following: (i) whether the event is
19a student activity or student-related activity; (ii) whether
20the physical setting of the event is conducive to control of
21liquor sales and distribution; (iii) the ability of the event
22operator to ensure that the sale or serving of alcoholic
23liquors and the demeanor of the participants are in accordance
24with State law and community college district policies; (iv)
25the anticipated attendees at the event and the relative
26proportion of individuals under the age of 21 to individuals

 

 

HB2547 Enrolled- 245 -LRB104 09526 KTG 19589 b

1age 21 or older; (v) the ability of the venue operator to
2prevent the sale or distribution of alcoholic liquors to
3individuals under the age of 21; (vi) whether the event
4prohibits participants from removing alcoholic beverages from
5the venue; and (vii) whether the event prohibits participants
6from providing their own alcoholic liquors to the venue. This
7paragraph does not apply to any community college district
8authorized to sell or serve alcoholic liquor under any other
9provision of this Section.
10    Alcoholic liquor may be delivered to and sold at retail in
11the Dorchester Senior Business Center owned by the Village of
12Dolton if the alcoholic liquor is sold or dispensed only in
13connection with organized functions for which the planned
14attendance is 20 or more persons, and if the person or facility
15selling or dispensing the alcoholic liquor has provided dram
16shop liability insurance in maximum limits so as to hold
17harmless the Village of Dolton and the State from all
18financial loss, damage and harm.
19    Alcoholic liquors may be delivered to and sold at retail
20in 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;

 

 

HB2547 Enrolled- 246 -LRB104 09526 KTG 19589 b

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
8in 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
24belonging to or under the control of any city, village or
25incorporated town where more than 75% of the physical
26properties of the building is used for commercial or

 

 

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1recreational purposes, and the building is located upon a pier
2extending into or over the waters of a navigable lake or stream
3or on the shore of a navigable lake or stream. In accordance
4with a license issued under this Act, alcoholic liquor may be
5sold, served, or delivered in buildings and facilities under
6the control of the Department of Natural Resources during
7events or activities lasting no more than 7 continuous days
8upon the written approval of the Director of Natural Resources
9acting as the controlling government authority. The Director
10of Natural Resources may specify conditions on that approval,
11including, but not limited to, requirements for insurance and
12hours of operation. Notwithstanding any other provision of
13this Act, alcoholic liquor sold by a United States Army Corps
14of Engineers or Department of Natural Resources concessionaire
15who was operating on June 1, 1991 for on-premises consumption
16only is not subject to the provisions of Articles IV and IX.
17Beer and wine may be sold on the premises of the Joliet Park
18District Stadium owned by the Joliet Park District when
19written consent to the issuance of a license to sell beer and
20wine in such premises is filed with the local liquor
21commissioner by the Joliet Park District. Beer and wine may be
22sold in buildings on the grounds of State veterans' homes when
23written consent to the issuance of a license to sell beer and
24wine in such buildings is filed with the Commission by the
25Department of Veterans Veterans' Affairs, and the facility
26shall provide dram shop liability in maximum insurance

 

 

HB2547 Enrolled- 248 -LRB104 09526 KTG 19589 b

1coverage limits so as to save the facility harmless from all
2financial loss, damage or harm. Such liquors may be delivered
3to and sold at any property owned or held under lease by a
4Metropolitan Pier and Exposition Authority or Metropolitan
5Exposition and Auditorium Authority.
6    Beer and wine may be sold and dispensed at professional
7sporting events and at professional concerts and other
8entertainment events conducted on premises owned by the Forest
9Preserve District of Kane County, subject to the control of
10the District Commissioners and applicable local law, provided
11that dram shop liability insurance is provided at maximum
12coverage limits so as to hold the District harmless from all
13financial loss, damage and harm.
14    Nothing in this Section shall preclude the sale or
15delivery of beer and wine at a State or county fair or the sale
16or delivery of beer or wine at a city fair in any otherwise
17lawful manner.
18    Alcoholic liquors may be sold at retail in buildings in
19State parks under the control of the Department of Natural
20Resources, 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
7properties under the control of the Division of Historic
8Preservation of the Department of Natural Resources or the
9Abraham 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
23does not authorize the establishment and operation of
24facilities commonly called taverns, saloons, bars, cocktail
25lounges, and the like except as a part of lodge and restaurant
26facilities in State parks or golf courses owned by Forest

 

 

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1Preserve Districts with a population of less than 3,000,000 or
2municipalities or park districts.
3    Alcoholic liquors may be sold at retail in the Springfield
4Administration Building of the Department of Transportation
5and the Illinois State Armory in Springfield; provided, that
6the controlling government authority may consent to such sales
7only 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
19recreational areas of river conservancy districts under the
20control of, or leased from, the river conservancy districts.
21Such sales are subject to reasonable local regulations as
22provided in Article IV; however, no such regulations may
23prohibit or substantially impair the sale of alcoholic liquors
24on Sundays or Holidays.
25    Alcoholic liquors may be provided in long term care
26facilities owned or operated by a county under Division 5-21

 

 

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1or 5-22 of the Counties Code, when approved by the facility
2operator and not in conflict with the regulations of the
3Illinois Department of Public Health, to residents of the
4facility who have had their consumption of the alcoholic
5liquors provided approved in writing by a physician licensed
6to practice medicine in all its branches.
7    Alcoholic liquors may be delivered to and dispensed in
8State housing assigned to employees of the Department of
9Corrections. No person shall furnish or allow to be furnished
10any alcoholic liquors to any prisoner confined in any jail,
11reformatory, prison or house of correction except upon a
12physician's prescription for medicinal purposes.
13    Alcoholic liquors may be sold at retail or dispensed at
14the Willard Ice Building in Springfield, at the State Library
15in Springfield, and at Illinois State Museum facilities by (1)
16an agency of the State, whether legislative, judicial or
17executive, provided that such agency first obtains written
18permission to sell or dispense alcoholic liquors from the
19controlling government authority, or by (2) a not-for-profit
20organization, 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
9organization or agency of the State from employing the
10services of a catering establishment for the selling or
11dispensing of alcoholic liquors at authorized functions.
12    The controlling government authority for the Willard Ice
13Building in Springfield shall be the Director of the
14Department of Revenue. The controlling government authority
15for Illinois State Museum facilities shall be the Director of
16the Illinois State Museum. The controlling government
17authority for the State Library in Springfield shall be the
18Secretary of State.
19    Alcoholic liquors may be delivered to and sold at retail
20or dispensed at any facility, property or building under the
21jurisdiction of the Division of Historic Preservation of the
22Department of Natural Resources, the Abraham Lincoln
23Presidential Library and Museum, or the State Treasurer where
24the delivery, sale or dispensing is by (1) an agency of the
25State, whether legislative, judicial or executive, provided
26that such agency first obtains written permission to sell or

 

 

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1dispense alcoholic liquors from a controlling government
2authority, or by (2) an individual or organization provided
3that 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
20Historic Preservation of the Department of Natural Resources
21shall be the Director of Natural Resources, the controlling
22government authority for the Abraham Lincoln Presidential
23Library and Museum shall be the Executive Director of the
24Abraham Lincoln Presidential Library and Museum, and the
25controlling government authority for the facilities, property,
26or buildings under the jurisdiction of the State Treasurer

 

 

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1shall be the State Treasurer or the State Treasurer's
2designee.
3    Alcoholic liquors may be delivered to and sold at retail
4or dispensed for consumption at the Michael Bilandic Building
5at 160 North LaSalle Street, Chicago IL 60601, after the
6normal business hours of any day care or child care facility
7located in the building, by (1) a commercial tenant or
8subtenant conducting business on the premises under a lease
9made pursuant to Section 405-315 of the Department of Central
10Management Services Law (20 ILCS 405/405-315), provided that
11such tenant or subtenant who accepts delivery of, sells, or
12dispenses alcoholic liquors shall procure and maintain dram
13shop liability insurance in maximum coverage limits and in
14which the carrier agrees to defend, indemnify, and save
15harmless the State of Illinois from all financial loss,
16damage, or harm arising out of the delivery, sale, or
17dispensing of alcoholic liquors, or by (2) an agency of the
18State, whether legislative, judicial, or executive, provided
19that such agency first obtains written permission to accept
20delivery of and sell or dispense alcoholic liquors from the
21Director of Central Management Services, or by (3) a
22not-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
12organization or agency of the State from employing the
13services of a catering establishment for the selling or
14dispensing of alcoholic liquors at functions authorized by the
15Director of Central Management Services.
16    Alcoholic liquors may be sold at retail or dispensed at
17the James R. Thompson Center in Chicago, subject to the
18provisions of Section 7.4 of the State Property Control Act,
19and 222 South College Street in Springfield, Illinois by (1) a
20commercial tenant or subtenant conducting business on the
21premises under a lease or sublease made pursuant to Section
22405-315 of the Department of Central Management Services Law
23(20 ILCS 405/405-315), provided that such tenant or subtenant
24who sells or dispenses alcoholic liquors shall procure and
25maintain dram shop liability insurance in maximum coverage
26limits and in which the carrier agrees to defend, indemnify

 

 

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1and save harmless the State of Illinois from all financial
2loss, damage or harm arising out of the sale or dispensing of
3alcoholic liquors, or by (2) an agency of the State, whether
4legislative, judicial or executive, provided that such agency
5first obtains written permission to sell or dispense alcoholic
6liquors from the Director of Central Management Services, or
7by (3) a not-for-profit organization, provided that such
8organization:
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
23organization or agency of the State from employing the
24services of a catering establishment for the selling or
25dispensing of alcoholic liquors at functions authorized by the
26Director of Central Management Services.

 

 

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1    Alcoholic liquors may be sold or delivered at any facility
2owned by the Illinois Sports Facilities Authority provided
3that dram shop liability insurance has been made available in
4a form, with such coverage and in such amounts as the Authority
5reasonably determines is necessary.
6    Alcoholic liquors may be sold at retail or dispensed at
7the Rockford State Office Building by (1) an agency of the
8State, whether legislative, judicial or executive, provided
9that such agency first obtains written permission to sell or
10dispense alcoholic liquors from the Department of Central
11Management Services, or by (2) a not-for-profit organization,
12provided 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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1organization or agency of the State from employing the
2services of a catering establishment for the selling or
3dispensing of alcoholic liquors at functions authorized by the
4Department of Central Management Services.
5    Alcoholic liquors may be sold or delivered in a building
6that is owned by McLean County, situated on land owned by the
7county in the City of Bloomington, and used by the McLean
8County Historical Society if the sale or delivery is approved
9by an ordinance adopted by the county board, and the
10municipality in which the building is located may not prohibit
11that sale or delivery, notwithstanding any other provision of
12this Section. The regulation of the sale and delivery of
13alcoholic liquor in a building that is owned by McLean County,
14situated on land owned by the county, and used by the McLean
15County Historical Society as provided in this paragraph is an
16exclusive power and function of the State and is a denial and
17limitation under Article VII, Section 6, subsection (h) of the
18Illinois Constitution of the power of a home rule municipality
19to regulate that sale and delivery.
20    Alcoholic liquors may be sold or delivered in any building
21situated on land held in trust for any school district
22organized under Article 34 of the School Code, if the building
23is not used for school purposes and if the sale or delivery is
24approved by the board of education.
25    Alcoholic liquors may be delivered to and sold at retail
26in any building owned by a public library district, provided

 

 

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1that the delivery and sale is approved by the board of trustees
2of that public library district and is limited to library
3fundraising events or programs of a cultural or educational
4nature. Before the board of trustees of a public library
5district may approve the delivery and sale of alcoholic
6liquors, the board of trustees of the public library district
7must have a written policy that has been approved by the board
8of trustees of the public library district governing when and
9under what circumstances alcoholic liquors may be delivered to
10and sold at retail on property owned by that public library
11district. The written policy must (i) provide that no
12alcoholic liquor may be sold, distributed, or consumed in any
13area of the library accessible to the general public during
14the event or program, (ii) prohibit the removal of alcoholic
15liquor from the venue during the event, and (iii) require that
16steps be taken to prevent the sale or distribution of
17alcoholic liquor to persons under the age of 21. Any public
18library district that has alcoholic liquor delivered to or
19sold at retail on property owned by the public library
20district shall provide dram shop liability insurance in
21maximum insurance coverage limits so as to save harmless the
22public library districts from all financial loss, damage, or
23harm.
24    Alcoholic liquors may be sold or delivered in buildings
25owned by the Community Building Complex Committee of Boone
26County, Illinois if the person or facility selling or

 

 

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1dispensing the alcoholic liquor has provided dram shop
2liability insurance with coverage and in amounts that the
3Committee reasonably determines are necessary.
4    Alcoholic liquors may be sold or delivered in the building
5located at 1200 Centerville Avenue in Belleville, Illinois and
6occupied by either the Belleville Area Special Education
7District or the Belleville Area Special Services Cooperative.
8    Alcoholic liquors may be delivered to and sold at the
9Louis Joliet Renaissance Center, City Center Campus, located
10at 214 N. Ottawa Street, Joliet, and the Food
11Services/Culinary Arts Department facilities, Main Campus,
12located at 1215 Houbolt Road, Joliet, owned by or under the
13control of Joliet Junior College, Illinois Community College
14District No. 525.
15    Alcoholic liquors may be delivered to and sold at Triton
16College, Illinois Community College District No. 504.
17    Alcoholic liquors may be delivered to and sold at the
18College of DuPage, Illinois Community College District No.
19502.
20    Alcoholic liquors may be delivered to and sold on any
21property owned, operated, or controlled by Lewis and Clark
22Community College, Illinois Community College District No.
23536.
24    Alcoholic liquors may be delivered to and sold at the
25building located at 446 East Hickory Avenue in Apple River,
26Illinois, owned by the Apple River Fire Protection District,

 

 

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1and occupied by the Apple River Community Association if the
2alcoholic liquor is sold or dispensed only in connection with
3organized functions approved by the Apple River Community
4Association for which the planned attendance is 20 or more
5persons and if the person or facility selling or dispensing
6the alcoholic liquor has provided dram shop liability
7insurance in maximum limits so as to hold harmless the Apple
8River Fire Protection District, the Village of Apple River,
9and the Apple River Community Association from all financial
10loss, damage, and harm.
11    Alcoholic liquors may be delivered to and sold at the
12Sikia Restaurant, Kennedy King College Campus, located at 740
13West 63rd Street, Chicago, and at the Food Services in the
14Great Hall/Washburne Culinary Institute Department facility,
15Kennedy King College Campus, located at 740 West 63rd Street,
16Chicago, owned by or under the control of City Colleges of
17Chicago, Illinois Community College District No. 508.
18    Alcoholic liquors may be delivered to and sold at the
19building located at 305 West Grove St. in Poplar Grove,
20Illinois that is owned and operated by North Boone Fire
21District #3 if the alcoholic liquor is sold or dispensed only
22in connection with organized functions approved by the North
23Boone Fire District #3 for which the planned attendance is 20
24or more persons and if the person or facility selling or
25dispensing the alcoholic liquor has provided dram shop
26liability insurance in maximum limits so as to hold harmless

 

 

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1North Boone County Fire District #3 from all financial loss,
2damage, and harm.
3(Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24;
4revised 9-25-24.)
 
5    Section 300. The Illinois Public Aid Code is amended by
6changing Section 11-5.2 as follows:
 
7    (305 ILCS 5/11-5.2)
8    Sec. 11-5.2. Income, Residency, and Identity Verification
9System.
10    (a) The Department shall ensure that its proposed
11integrated eligibility system shall include the computerized
12functions of income, residency, and identity eligibility
13verification to verify eligibility, eliminate duplication of
14medical assistance, and deter fraud. Until the integrated
15eligibility system is operational, the Department may enter
16into a contract with the vendor selected pursuant to Section
1711-5.3 as necessary to obtain the electronic data matching
18described in this Section. This contract shall be exempt from
19the Illinois Procurement Code pursuant to subsection (h) of
20Section 1-10 of that Code.
21    (b) Prior to awarding medical assistance at application
22under Article V of this Code, the Department shall, to the
23extent such databases are available to the Department, conduct
24data matches using the name, date of birth, address, and

 

 

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1Social Security Number of each applicant or recipient or
2responsible relative of an applicant or recipient against the
3following:
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.

 

 

HB2547 Enrolled- 264 -LRB104 09526 KTG 19589 b

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
9by an applicant, recipient, or responsible relative and
10information contained in one or more of the databases or
11information tools listed under subsection (b) of this Section
12or subsection (c) of Section 11-5.3 and that discrepancy calls
13into question the accuracy of information relevant to a
14condition of eligibility provided by the applicant, recipient,
15or responsible relative, the Department or its contractor
16shall review the applicant's or recipient's case using the
17following 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

 

 

HB2547 Enrolled- 265 -LRB104 09526 KTG 19589 b

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
26implement this Section.

 

 

HB2547 Enrolled- 266 -LRB104 09526 KTG 19589 b

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
3amended 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
6Program Administrator shall, on the recommendation of the
7Commission and in cooperation with the Department of Veterans
8Veterans' Affairs, implement a demonstration project for low
9and very low-income homeless veterans and their families. This
10demonstration project shall consist of a short-term shelter,
11and will also provide assistance in assessing the needs of
12veterans, ascertaining the programs for which veterans may be
13eligible and making application for such programs and services
14and referral to appropriate agencies. The project shall, to
15the extent possible, establish liaisons with labor
16organizations, community colleges, vocational rehabilitation
17programs and other providers of trade apprenticeships and
18other job training programs.
19    (b) The Program Administrator shall submit to the Governor
20and the General Assembly a report by January 1, 1991
21evaluating the effectiveness of the project provided in this
22Section. The report shall include, but not be limited to, the
23number of persons served under the project, information as to
24the cost of the services, and recommendations as to whether

 

 

HB2547 Enrolled- 267 -LRB104 09526 KTG 19589 b

1additional homeless veterans projects should be established.
2(Source: P.A. 86-925.)
 
3    Section 310. The Older Adult Services Act is amended by
4changing 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
8to advise the directors of Aging, Healthcare and Family
9Services, and Public Health on all matters related to this Act
10and the delivery of services to older adults in general.
11    (b) The Advisory Committee shall be comprised of the
12following:
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

 

 

HB2547 Enrolled- 268 -LRB104 09526 KTG 19589 b

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
3of Public Health and Healthcare and Family Services, may
4appoint additional citizen members to the Older Adult Services
5Advisory Committee. Each such additional member must be either
6an individual age 60 or older or an uncompensated caregiver
7for a family member or friend who is age 60 or older.
8    (c) Voting members of the Advisory Committee shall serve
9for a term of 3 years or until a replacement is named. All
10members shall be appointed no later than January 1, 2005. Of
11the initial appointees, as determined by lot, 10 members shall
12serve a term of one year; 10 shall serve for a term of 2 years;
13and 12 shall serve for a term of 3 years. Any member appointed
14to fill a vacancy occurring prior to the expiration of the term
15for which his or her predecessor was appointed shall be
16appointed for the remainder of that term. The Advisory
17Committee shall meet at least quarterly and may meet more
18frequently at the call of the Chair. A simple majority of those
19appointed shall constitute a quorum. The affirmative vote of a
20majority of those present and voting shall be necessary for
21Advisory Committee action. Members of the Advisory Committee
22shall receive no compensation for their services.
23    (d) The Advisory Committee shall have an Executive
24Committee comprised of the Chair, the Vice Chairs, and up to 15
25members of the Advisory Committee appointed by the Chair who
26have demonstrated expertise in developing, implementing, or

 

 

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1coordinating the system restructuring initiatives defined in
2Section 25. The Executive Committee shall have responsibility
3to oversee and structure the operations of the Advisory
4Committee and to create and appoint necessary subcommittees
5and subcommittee members. The Advisory Committee's Community
6Care Program Medicaid Enrollment Oversight Subcommittee shall
7have the membership and powers and duties set forth in Section
84.02 of the Illinois Act on the Aging.
9    (e) The Advisory Committee shall study and make
10recommendations related to the implementation of this Act,
11including, but not limited to, system restructuring
12initiatives as defined in Section 25 or otherwise related to
13this Act.
14(Source: P.A. 100-513, eff. 1-1-18; 100-587, eff. 6-4-18;
15100-621, eff. 7-20-18; 101-81, eff. 7-12-19.)
 
16    Section 315. The Illinois Caregiver Assistance and
17Resource Portal Act is amended by changing Sections 25-10,
1825-20, and 25-25 as follows:
 
19    (320 ILCS 70/25-10)
20    Sec. 25-10. Establishment of the Illinois Caregiver
21Assistance and Resources Portal.
22    (a) The Department on Aging, in consultation with the
23Department of Healthcare and Family Services, the Department
24of Public Health, and the Department of Veterans Veterans'

 

 

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1Affairs, shall be responsible for the creation and maintenance
2of 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
5online platform offering a wide range of resources related to
6caregiving, 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
25serve as a comprehensive and user-friendly hub for caregivers,
26providing them with the tools, information, and support they

 

 

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1need to navigate the complex landscape of caregiving, nursing
2home care, and at-home care and other essential resources that
3are readily accessible. Additional information and resources
4to 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
16Department of Healthcare and Family Services, the Department
17of Public Health, the Department of Human Services, and the
18Department of Veterans Veterans' Affairs, shall undertake an
19outreach and promotional campaign to raise awareness about the
20Portal and its resources upon completion.
21    (b) The campaign shall include a digital-first strategy to
22inform health care providers, social service agencies, and
23community organizations about the Portal's availability.
24    (c) The campaign shall coordinate with the State-wide
252-1-1 Service system administered under the 2-1-1 Service Act

 

 

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1in order to insure persons calling 2-1-1 telephone lines are
2directed, when appropriate, to the Portal and reciprocally to
32-1-1.
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
7Aging, in consultation with the Department of Healthcare and
8Family Services, the Department of Public Health, and the
9Department of Veterans Veterans' Affairs, shall provide an
10annual report to the General Assembly and the Governor
11outlining the usage statistics, user feedback, and any
12necessary improvements to the Portal.
13(Source: P.A. 103-588, eff. 6-5-24.)
 
14    Section 320. The Viet Nam Veterans Compensation Act is
15amended 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,
18father, person standing in loco parentis, brothers and
19sisters, in the order named, of any deceased person shall be
20paid the compensation to which the deceased person would be
21entitled under Section 2 of this Act. Where such deceased
22person would have qualified for compensation under Section 2
23except for his death and his death was connected with such

 

 

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1service and resulted from such service during the time period
2specified in Section 2, his survivors, in the order named in
3this Section, shall be paid $1000.
4    Where a preceding beneficiary fails to file a claim for
5compensation after the official notice of death the Department
6of Veterans Veterans' Affairs may proceed to process
7applications from succeeding beneficiaries, and such
8beneficiaries may then proceed to qualify upon submission of
9satisfactory 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
13complete charge and control of the general scheme of payments
14authorized by this Act and shall adopt general rules for the
15making of such payments, the ascertainment and selection of
16proper beneficiaries and the amount to which such
17beneficiaries are entitled, and for procedure.
18    If the person to whom compensation is payable under this
19Act is under legal disability, it shall be paid to the person
20legally vested with the care of such legally disabled person
21under the laws of his State of residence. If no such person has
22been so designated for the legally disabled person, payment
23shall be made to the chief officer of any hospital or
24institution under the supervision or control of any State or
25of the Veterans Administration of the United States in which

 

 

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1such legally disabled person is placed, if such officer is
2authorized to accept moneys for the benefit of the
3incompetent. Any payments so made shall be held or used solely
4for the benefit of the legally disabled person.
5    As used in this Section, a person under legal disability
6means any person found to be so disabled by a court of
7competent jurisdiction of any State or the District of
8Columbia or by any adjudication officer of the Veterans
9Administration 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
13must be made to the Illinois Department of Veterans Veterans'
14Affairs.
15(Source: P.A. 80-244.)
 
16    Section 325. The War on Terrorism Compensation Act is
17amended 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
21States Army, Navy, Air Force, Space Force, Marine Corps, or
22Coast Guard, the United States Reserve Forces, or the Illinois
23National Guard. Service in the merchant marine is not service

 

 

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1in the armed forces for purposes of this Act.
2    "Department" means the Illinois Department of Veterans
3Veterans' 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'
7Affairs. An application for compensation under this Act must
8be 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
11changing 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,
14father, person standing in loco parentis, brothers and
15sisters, in the order named, of any deceased person shall be
16paid the compensation to which the deceased person would be
17entitled under Section 1 of this Act.
18    Where a preceding beneficiary fails to file a claim for
19compensation after the official notice of death the Department
20of Veterans Veterans' Affairs may proceed to process
21applications from succeeding beneficiaries and such
22beneficiaries may then proceed to qualify upon submission of
23satisfactory 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
4complete charge and control of the general scheme of payments
5authorized by this Act and shall adopt general rules for the
6making of such payments, the ascertainment and selection of
7proper beneficiaries and the amount to which such
8beneficiaries are entitled, and for procedure.
9    If the person to whom compensation is payable under this
10Act is a person under a legal disability, it shall be paid to
11the person legally vested with the care of such person under a
12legal disability under the laws of this State of residence. If
13no such person has been so designated for the person under a
14legal disability, payment shall be made to the chief officer
15of any hospital or institution under the supervision or
16control of any State or of the Veterans Administration of the
17United States in which such person under a legal disability is
18placed, if such officer is authorized to accept moneys for the
19benefit of the person under a legal disability. Any payments
20so made shall be held or used solely for the benefit of the
21person under a legal disability.
22    As used in this Section, a person under a legal disability
23means any person found to be so disabled by a court of
24competent jurisdiction of any State or the District of
25Columbia or by any adjudication officer of the Veterans

 

 

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1Administration 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
5must 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
8changing 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
12of compensation to certain persons who served with the
13military or naval forces of the United States prior to or in
14the recent war with Germany, Italy, Japan and other nations,
15or to their survivors, and to authorize the issuance and sale
16of bonds of the State of Illinois to make said payments and to
17provide for the payment of the principal of and interest upon
18said bonds by a direct annual tax and by taxes levied and
19imposed by amending Sections 6, 10 and 10a of the 'Illinois
20Horse Racing Act', filed June 13, 1927, as amended, and by
21taxes levied and imposed by amending Sections 2, 3 and 29 of
22the 'Cigarette Tax Act', approved June 2, 1941, as amended",
23approved June 14, 1946, as that Act existed immediately prior

 

 

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1to the repeal of Sections 1-1 through 1-6 thereof.
2    "Korean Veterans Compensation Act" means "AN ACT to
3provide payment of compensation to certain persons who served
4with the armed forces of the United States during the recent
5armed struggle which is commonly called the Korean Conflict,
6or to survivors; and to provide funds for the payment of such
7compensation by a tax levied and imposed by amending Sections
82 and 29 of the 'Cigarette Tax Act', approved June 2, 1941, as
9amended, and by a tax levied and imposed by amending Sections 2
10and 35 of the 'Cigarette Use Tax Act', approved July 11, 1951,
11as amended, and to make appropriations in connection
12therewith", approved July 17, 1959, as that Act existed
13immediately prior to the repeal of Sections 1-1 through 1-7
14thereof.
15    "Department" means the Illinois Department of Veterans
16Veterans' Affairs.
17(Source: P.A. 80-243.)
 
18    Section 340. The Military Veterans Assistance Act is
19amended 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,
23chapter, or detachment of a congressionally chartered or state
24chartered 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
3veteran community.
4    "Administrator of military veterans assistance" means the
5commanders of the various veteran service organizations, the
6superintendent of a County Veterans Assistance Commission, or
7other persons whose duty it is, under the existing statutes,
8to care for, relieve or maintain, wholly or in part, any person
9who may be entitled to such assistance under the statutes of
10the State of Illinois. This Act shall not infringe upon the
11mandated powers and authorities vested in the Illinois
12Department 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
15Act 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
18Veterans' Affairs shall provide assistance to a veteran who is
19eligible for and has been approved by the Administrator of
20Veterans Affairs for the grant authorized under Section 801(b)
21of Title 38 of the United States Code for remodeling a
22dwelling, which is not adapted to the requirements of the
23veteran's disability, and which was acquired by him prior to
24his application for federal assistance.

 

 

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1    (b) The amount of State assistance provided to a veteran
2under subsection (a) of this Section shall be equal to the
3lesser of (1) the difference between the total cost of
4remodeling and the amount of assistance provided by the
5federal government under Title 38, Section 801(b) of the
6United States Code or (2) $3,000. However, if the amount of the
7federal assistance is at least equal to the total cost of
8remodeling the dwelling, then no State assistance shall be
9granted under this Section.
10    (c) A veteran eligible for assistance under subsection (a)
11of this Section shall not by reason of such eligibility be
12denied benefits for which such veteran becomes eligible under
13Section 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
17made by the veteran to the Illinois Department of Veterans
18Veterans' Affairs and shall be accompanied by satisfactory
19evidence that the veteran has been approved by the
20Administrator of Veterans Affairs for assistance in acquiring
21a suitable dwelling unit or in remodeling a dwelling not
22adapted to the requirements of his disability. The application
23shall contain such information as will enable the Illinois
24Department of Veterans Veterans' Affairs to determine the
25amount of assistance to which the veteran is entitled. The

 

 

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1Illinois Department of Veterans Veterans' Affairs shall adopt
2general rules for determining the question of whether an
3applicant was a resident of this State at the time he entered
4the service, and shall prescribe by rule the nature of the
5proof to be submitted to establish the fact of residence. The
6Illinois Department of Veterans Veterans' Affairs shall adopt
7guidelines for determining types of remodeling and adaptations
8which are reasonably necessary because of a veteran's
9disability, for a veteran eligible for assistance under
10Section 2.1 of this Act.
11(Source: P.A. 100-201, eff. 8-18-17.)
 
12    Section 360. The Records for Veterans Administration Act
13is 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
16any accredited Veterans Organization, the Department of
17Veterans Veterans' Affairs, the Veterans Administration, the
18Veteran or his dependent in connection with a claim for
19benefits, the official charged with the custody of such public
20record shall without charge provide accredited Veterans
21Organization, the Department of Veterans Veterans' Affairs,
22the Veterans Administration, the Veteran or his dependent,
23with a certified copy of the requested record.
24    The request for the copy of the record must be in writing

 

 

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1with a statement, signed by an authorized official of the
2accredited veterans organization, the Department of Veterans
3Veterans' Affairs, the Veterans Administration, the Veteran or
4his dependent, to the effect that the requested document is to
5be used in obtaining benefits and, if the copy of the record is
6to be mailed, must be accompanied by sufficient postage to pay
7the cost of mailing. When the request is made as provided in
8this section and, if mailing is necessary, is accompanied by
9sufficient postage, the furnishing of the certified copy of
10the record is mandatory upon the official charged with its
11custody, and shall not be subject to the approval or sanction
12of any other person, agency, or body politic or corporate
13whether federal, state or municipal.
14(Source: P.A. 85-169.)
 
15    Section 365. The Survivors Compensation Act is amended by
16changing 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
19widower, child or children, mother, father, persons standing
20in loco parentis, brothers and sisters, in the order named, of
21any deceased person if (a) that person was a resident of
22Illinois for at least 12 months immediately preceding entry
23into military service and (b) that person's death was service
24connected as a result of hostile action with unfriendly forces

 

 

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1during a period which has not been recognized by award of a
2U.S. campaign or service medal, shall be paid $1,000. Where a
3preceding beneficiary fails to file a claim of compensation
4after the official notice of death, the Department of Veterans
5Veterans' Affairs may accept applications from succeeding
6beneficiaries and such beneficiaries may then proceed to
7qualify 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
11under this Act shall be made to the Illinois Department of
12Veterans 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
16of the Global War on Terrorism.
17    (a) The widow or widower, child or children, mother,
18father, persons standing in loco parentis, brothers and
19sisters, in the order named, of any deceased person if (i) that
20person was a resident of Illinois for at least 12 months
21immediately preceding entry into military service and (ii)
22that person's death was service-connected as a result of
23hostile action on or after September 11, 2001 and prior to such
24time as Congress declares such persons ineligible for the

 

 

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1Global War on Terrorism Expeditionary Medal or the Global War
2on Terrorism Service Medal shall be paid $3,000.
3    (b) If a preceding beneficiary fails to file a claim of
4compensation after the official notice of death, the
5Department of Veterans Veterans' Affairs may accept
6applications from succeeding beneficiaries, and such
7beneficiaries may then proceed to qualify upon submission of
8satisfactory proof of eligibility.
9    (c) No right or claim to compensation under this Section
10may be assigned.
11    (d) The Illinois Department of Veterans Veterans' Affairs
12has complete charge and control of the general scheme of
13payments authorized by this Section and shall adopt general
14rules for the making of those payments, for the ascertainment
15and selection of proper beneficiaries and the amount to which
16those beneficiaries are entitled, and for procedure.
17    (e) If the person to whom compensation is payable under
18this Section is under legal disability, the compensation shall
19be paid to the person legally vested with the care of the
20legally disabled person under the laws of his or her state of
21residence. If no such person has been so designated for the
22legally disabled person, payment shall be made to the chief
23officer of any hospital or institution under the supervision
24or control of any state or of the Veterans Administration of
25the United States in which the legally disabled person is
26placed, if the officer is authorized to accept moneys for the

 

 

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1benefit of the incompetent. Any payments so made shall be held
2or used solely for the benefit of the legally disabled person.
3    As used in this Section, a person "under legal disability"
4means any person found to be so disabled by a court of
5competent jurisdiction of any state or the District of
6Columbia or by any adjudication officer of the Veterans
7Administration of the United States.
8(Source: P.A. 93-976, eff. 8-20-04.)
 
9    Section 370. The Deceased, Disabled, and MIA/POW Veterans'
10Dependents Educational Opportunity Grant Act is amended by
11changing 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'
14Affairs shall provide, insofar as moneys are appropriated for
15those purposes, for matriculation and tuition fees, board,
16room rent, books and supplies for the use and benefit of any
17natural child, adopted child, minor child who is under a
18court-ordered guardianship for at least 2 continuous years
19prior to application, or step-child of an eligible veteran or
20serviceperson, if the child is not under 10 and not over 18
21years of age, except extension of time may be granted for a
22child to complete high school but in no event beyond the 19th
23birthday, who has for 12 months immediately preceding his or
24her application for these benefits had his or her domicile in

 

 

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1the State of Illinois. The child must provide proof of
2compliance with Illinois compulsory attendance requirements as
3provided in Section 26-1 of the School Code.
4    "Eligible veteran or serviceperson" means any veteran or
5serviceperson, including an Illinois National Guard member,
6who is on active duty or is active on a training assignment,
7who has been declared by the U.S. Department of Defense or the
8U.S. Department of Veterans Affairs to be a prisoner of war or
9missing in action, or has died as the result of a
10service-connected disability, or has become a person with a
11permanent disability from service-connected causes with 100%
12disability and who (i) at the time of entering service was an
13Illinois resident, or (ii) was an Illinois resident within 6
14months after entering such service, or (iii) is a resident of
15Illinois at the time of application for the grant and, at some
16point after entering such service, was a resident of Illinois
17for at least 15 consecutive years. No more than $250.00 may be
18paid 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
22Act, not in excess of the amount specified in Section 1 of this
23Act, shall be payable to such child or, if such child is a
24minor, to the eligible veteran or serviceperson or guardian on
25vouchers approved by the Illinois Department of Veterans

 

 

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1Veterans' Affairs. The Illinois Department of Veterans
2Veterans' Affairs shall adopt rules on how to render payments
3to eligible minor children of deceased veterans or
4servicepersons. The Department shall determine the eligibility
5of the children who make application for the benefits provided
6for in this Act; and satisfy itself of the attendance of such
7children 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
10changing 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
13United States War Veterans and reporting to the United States
14Government under the provisions of the Federal Law respecting
15the erection of headstones at the graves of United States War
16Veterans and the erection of memorial markers where the
17remains of such veterans were not recovered or were buried at
18sea, the Department of Veterans Veterans' Affairs shall
19maintain a card file Roll of Honor, alphabetically arranged,
20of all veterans buried in the State or, if no remains were
21recovered or if such remains were buried at sea, of all the
22memorial markers for such veterans placed in the State and an
23additional record by counties showing the burials or memorial
24markers in each cemetery in each county. The records, so far as

 

 

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1obtainable, shall contain the name of the veteran, war served
2in, his rank, organizations, dates of enlistment and
3discharge, date of death, description of grave or memorial
4marker, and name and location of cemetery. It shall also be his
5duty to prepare requisitions on the Federal Government for
6headstones or memorial markers when same are desired and to
7supervise their transportation from the railroad station to
8and erection at the grave of the veteran or at the site for the
9erection of a memorial marker if no remains were recovered or
10if such remains were buried at sea, certifying bills for same
11for payment.
12    The Department of Veterans Veterans' Affairs shall appoint
13such additional employees as may be required to maintain the
14records of War Veterans Graves and Memorial Markers
15Registration. The appointment of such employees shall not be
16subject to the provisions of any law relating to civil service
17or job classification on a merit basis.
18    "United States War Veterans", for purposes of this Act,
19means:
20    (1) Soldiers of the Union and Confederate Armies of the
21Civil War.
22    (2) Members of the Armed Forces of the United States dying
23in the service and former members whose last service
24terminated 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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1the United States, and members of the Army National Guard or
2the Air National Guard, whose death occurred under honorable
3conditions 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
22Army, Navy, Space Force, or Air Force whose death occurred
23under 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
13controlling any cemetery or burial place in this State shall
14by itself, his or its superintendent or agent, keep a
15permanent record of the burial of each United States War
16Veteran or the erection of a memorial marker for any veteran
17whose remains were not recovered or where buried at sea, such
18record to contain the name of the veteran, date of death, and
19the location of grave or memorial marker in cemetery, and when
20requested so to do, shall report such information to the
21Department of Veterans Veterans' Affairs on forms furnished by
22the Department. Any person, firm or corporation owning or
23controlling a cemetery or burial place, who fails to make and
24file such report within 30 days after receipt of such request
25is guilty of a petty offense and upon conviction thereof shall

 

 

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1be fined not less than $10 nor more than $100. It is the duty
2of the State's attorney in the county where the cemetery or
3burial 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
7United States War Veterans, the different Veteran
8organizations, their auxiliaries and affiliated organizations
9in the State of Illinois are authorized, without expense to
10the State, to collect the required data and prepare and file
11with the Department of Veterans Veterans' Affairs the
12information provided for in Section 1 hereof. For filing and
13recording this report, the Department of Veterans Veterans'
14Affairs may charge a fee of 25 cents for a single report and
15not to exceed 50 cents per folio for reports containing more
16than one name and more than one folio. A representative of the
17Department of Veterans Veterans' Affairs may visit cemeteries
18of the State or resort to any other reliable means to locate
19the 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
23shall promulgate rules and procedures reasonably necessary for
24the administration of this Act.

 

 

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1(Source: P.A. 86-506.)
 
2    Section 385. The Veterans' Health Insurance Program Act of
32008 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.
7This Program is not an entitlement. Enrollment is based on the
8availability of funds, and enrollment may be capped based on
9funds appropriated for the Program. As soon as practical after
10the effective date of this Act, coverage for this Program
11shall begin. The Program shall be administered by the
12Department of Healthcare and Family Services in collaboration
13with the Department of Veterans Veterans' Affairs. The
14Department shall have the same powers and authority to
15administer the Program as are provided to the Department in
16connection with the Department's administration of the
17Illinois Public Aid Code. The Department shall coordinate the
18Program with other health programs operated by the Department
19and other State and federal agencies.
20    (b) The Department shall operate the Program in a manner
21so that the estimated cost of the Program during the fiscal
22year will not exceed the total appropriation for the Program.
23The Department may take any appropriate action to limit
24spending or enrollment into the Program, including, but not

 

 

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1limited to, ceasing to accept or process applications,
2reviewing eligibility more frequently than annually, adjusting
3cost-sharing, or reducing the income threshold for eligibility
4as necessary to control expenditures for the Program.
5    (c) Notwithstanding subsections (a) and (b) and with the
6mutual agreement of the Department of Veterans Veterans'
7Affairs and the Department of Healthcare and Family Services,
8the operation of the Program may be changed to simplify its
9administration and to take advantage of health insurance
10coverage that may be available to veterans under the Patient
11Protection 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'
15Affairs. The Department shall coordinate with the Illinois
16Department of Veterans Veterans' Affairs and the Veterans
17Assistance Commissions to allow State Veterans Veterans'
18Affairs service officers and the Veterans Assistance
19Commissions to assist veterans to apply for the Program. All
20applicants must be reviewed for Veterans Health Administration
21eligibility or other existing health benefits prior to
22consideration 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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1Hazardous Materials Act is amended by changing Section 10 as
2follows:
 
3    (330 ILCS 130/10)
4    Sec. 10. Assistance in obtaining information on treatment.
5On and after October 1, 2007, the Department of Veterans
6Veterans' Affairs shall assist any eligible member or veteran
7who (i) has been assigned a risk level I, II, or III for
8depleted uranium exposure by his or her branch of service,
9(ii) is referred by a military physician, or (iii) has reason
10to believe that he or she was exposed to depleted uranium
11during such service, in obtaining information on available
12federal treatment services, including a best practice health
13screening test for exposure to depleted uranium using a
14bioassay procedure involving sensitive methods capable of
15detecting depleted uranium at low levels and the use of
16equipment with the capacity to discriminate between different
17radioisotopes in naturally occurring levels of uranium and the
18characteristic ratio and marker for depleted uranium. No State
19funds shall be used to pay for such tests or other federal
20treatment services.
21(Source: P.A. 95-597, eff. 9-11-07.)
 
22    Section 395. The Veterans' and Military Discount Program
23Act 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
3Department of Veterans Veterans' Affairs shall establish and
4administer a Veterans' and Military Discount Program that
5enables veterans, active duty military personnel, and those
6spouses and dependents of veterans and military personnel who
7have been issued a valid Military ID card or Military
8Dependent ID card to use the following photo identification at
9participating merchants to receive a discount on goods and
10services or to receive another appropriate money-saving
11promotion 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'
2Affairs 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
5changing Section 35 as follows:
 
6    (410 ILCS 82/35)
7    Sec. 35. Exemptions. Notwithstanding any other provision
8of 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
4Section 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
7registered by filing a death certificate with the local
8registrar of the district in which the death occurred or the
9body was found, within 7 days after such death (within 5 days
10if the death occurs prior to January 1, 1989) and prior to
11cremation or removal of the body from the State, except when
12death is subject to investigation by the coroner or medical
13examiner. If a death occurs in this State in a county outside
14the deceased's county of residence, the local registrar of the
15district in which the death certificate was filed shall,
16within 7 days of its filing, send a copy of the death
17certificate to the local registrar in the district where the
18deceased'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
23signed within 48 hours after death by the certifying health
24care professional who, within 12 months prior to the date of
25the patient's death, was treating or managing treatment of the
26patient's illness or condition which resulted in death, except

 

 

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1when death is subject to the coroner's or medical examiner's
2investigation. In the absence of the certifying health care
3professional or with his or her approval, the medical
4certificate may be completed and signed by his or her
5associate physician, advanced practice registered nurse, or
6physician assistant, the chief medical officer of the
7institution in which death occurred, or the physician who
8performed an autopsy upon the decedent.
9    (3) When a death occurs without medical attendance, or
10when it is otherwise subject to the coroner's or medical
11examiner's investigation, the coroner or medical examiner
12shall be responsible for the completion of a coroner's or
13medical examiner's certificate of death and shall sign the
14medical certification within 48 hours after death, except as
15provided by regulation in special problem cases. If the
16decedent was under the age of 18 years at the time of his or
17her death, and the death was due to injuries suffered as a
18result of a motor vehicle backing over a child, or if the death
19occurred due to the power window of a motor vehicle, the
20coroner or medical examiner must send a copy of the medical
21certification, with information documenting that the death was
22due to a vehicle backing over the child or that the death was
23caused by a power window of a vehicle, to the Department of
24Children and Family Services. The Department of Children and
25Family Services shall (i) collect this information for use by
26Child Death Review Teams and (ii) compile and maintain this

 

 

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1information as part of its Annual Child Death Review Team
2Report to the General Assembly.
3    (3.5) The medical certification of cause of death shall
4expressly provide an opportunity for the person completing the
5certification to indicate that the death was caused in whole
6or in part by a dementia-related disease, Parkinson's Disease,
7or Parkinson-Dementia Complex.
8    (4) When the deceased was a veteran of any war of the
9United States, the funeral director shall prepare a
10"Certificate of Burial of U. S. War Veteran", as prescribed
11and furnished by the Illinois Department of Veterans Veterans'
12Affairs, and submit such certificate to the Illinois
13Department of Veterans Veterans' Affairs monthly.
14    (5) When a death is presumed to have occurred in this State
15but the body cannot be located, a death certificate may be
16prepared by the State Registrar upon receipt of an order of a
17court of competent jurisdiction which includes the finding of
18facts required to complete the death certificate. Such death
19certificate shall be marked "Presumptive" and shall show on
20its face the date of the registration and shall identify the
21court and the date of the judgment.
22(Source: P.A. 102-257, eff. 1-1-22; 102-844, eff. 1-1-23;
23103-154, eff. 6-30-23; 103-741, eff. 8-2-24.)
 
24    Section 420. The Fish and Aquatic Life Code is amended by
25changing 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
4who uses any of the commercial fishing devices as defined by
5this Code for the taking of any aquatic life, except mussels,
6protected by the terms of this Code.
7    (b) All commercial fishermen shall have a commercial
8fishing license. In addition to a commercial fishing license,
9a commercial fisherman shall also obtain a sport fishing
10license. All individuals assisting a licensed commercial
11fisherman in taking aquatic life, except mussels, from any
12waters of the State must have a commercial fishing license
13unless these individuals are under the direct supervision of
14and aboard the same watercraft as the licensed commercial
15fisherman. An individual assisting a licensed commercial
16fisherman must first obtain a sport fishing license.
17    (c) Notwithstanding any other provision of law to the
18contrary, blind residents or residents with a disability may
19fish with commercial fishing devices without holding a sports
20fishing license. For the purpose of this Section, an
21individual is blind or has a disability if that individual has
22a Class 2 disability as defined in Section 4A of the Illinois
23Identification Card Act. For the purposes of this Section, an
24Illinois person with a Disability Identification Card issued
25under the Illinois Identification Card Act indicating that the

 

 

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1individual named on the card has a Class 2 disability shall be
2adequate documentation of a disability.
3    (d) Notwithstanding any other provision of law to the
4contrary, a veteran who, according to the determination of the
5federal Veterans' Administration as certified by the
6Department of Veterans Veterans' Affairs, is at least 10%
7disabled with service-related disabilities or in receipt of
8total disability pensions may fish with commercial fishing
9devices without holding a sports fishing license during those
10periods of the year that it is lawful to fish with commercial
11fishing devices, if the respective disabilities do not prevent
12the veteran from fishing in a manner that is safe to him or
13herself and others.
14    (e) A "Lake Michigan commercial fisherman" is defined as
15an individual who resides in this State or an Illinois
16corporation who uses any of the commercial fishing devices as
17defined by this Code for the taking of aquatic life, except
18mussels, protected by the terms of this Code.
19    (f) For purposes of this Section, an act or omission that
20constitutes a violation committed by an officer, employee, or
21agent of a corporation shall be deemed the act or omission of
22the corporation.
23(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15;
2499-143, 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,
3including minnows for commercial purposes, turtles, mussels,
4crayfish, or frogs by any means whatever in any waters or lands
5wholly or in part within the jurisdiction of the State,
6including that part of Lake Michigan under the jurisdiction of
7this State, shall first obtain a license to do so, and shall do
8so only during the respective periods of the year when it shall
9be lawful as provided in this Code. Individuals under 16,
10blind residents or residents with a disability, or individuals
11fishing at fee fishing areas licensed by the Department,
12however, may fish with sport fishing devices without being
13required to have a license. For the purpose of this Section an
14individual is blind or has a disability if that individual has
15a Class 2 disability as defined in Section 4A of the Illinois
16Identification Card Act. For purposes of this Section an
17Illinois Person with a Disability Identification Card issued
18under the Illinois Identification Card Act indicating that the
19individual named on the card has a Class 2 disability shall be
20adequate documentation of a disability.
21    (b) A courtesy non-resident sport fishing license or stamp
22may be issued at the discretion of the Director, without fee,
23to (i) any individual officially employed in the wildlife and
24fish or conservation department of another state or of the
25United States who is within the State to assist or consult or
26cooperate with the Director or (ii) the officials of other

 

 

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1states, the United States, foreign countries, or officers or
2representatives of conservation organizations or publications
3while in the State as guests of the Governor or Director.
4    (c) The Director may issue special fishing permits without
5cost to groups of hospital patients or to individuals with
6disabilities for use on specified dates in connection with
7supervised fishing for therapy.
8    (d) Veterans who, according to the determination of the
9Veterans' Administration as certified by the Department of
10Veterans Veterans' Affairs, are at least 10% disabled with
11service-related disabilities or in receipt of total disability
12pensions may fish with sport fishing devices during those
13periods of the year it is lawful to do so without being
14required to have a license, on the condition that their
15respective disabilities do not prevent them from fishing in a
16manner which is safe to themselves and others.
17    (e) Each year the Director may designate a period, not to
18exceed 4 days in duration, when sport fishermen may fish
19waters wholly or in part within the jurisdiction of the State,
20including that part of Lake Michigan under the jurisdiction of
21the State, and not be required to obtain the license or stamp
22required by subsection (a) of this Section, Section 20-10 or
23subsection (a) of Section 20-55. The term of any such period
24shall be established by administrative rule. This subsection
25shall not apply to commercial fishing.
26    (f) The Director may issue special fishing permits without

 

 

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1cost for a group event, restricted to specific dates and
2locations if it is determined by the Department that the event
3is 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
6Section 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
9of the Veterans' Administration as certified by the Department
10of Veterans Veterans' Affairs, are at least 10% disabled with
11service-related disabilities or in receipt of total disability
12pensions and former prisoners of war may hunt and trap any of
13the species protected by Section 2.2, during such times, with
14such devices and by such methods as are permitted by this Act,
15without procuring hunting and trapping licenses, State Habitat
16Stamps, and State Waterfowl Stamps on the condition that their
17respective disabilities do not prevent them from hunting and
18trapping 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
21changing Sections 2-123, 3-609, 3-699.14, 6-106, and 11-1301.2
22as 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
4Secretary may make the driver's license, vehicle and title
5registration lists, in part or in whole, and any statistical
6information derived from these lists available to local
7governments, elected state officials, state educational
8institutions, and all other governmental units of the State
9and Federal Government requesting them for governmental
10purposes. The Secretary shall require any such applicant for
11services to pay for the costs of furnishing such services and
12the use of the equipment involved, and in addition is
13empowered to establish prices and charges for the services so
14furnished and for the use of the electronic equipment
15utilized.
16    (b) The Secretary is further empowered to and he may, in
17his discretion, furnish to any applicant, other than listed in
18subsection (a) of this Section, vehicle or driver data on a
19computer tape, disk, other electronic format or computer
20processable medium, or printout at a fixed fee of $500, in
21advance, and require in addition a further sufficient deposit
22based upon the Secretary of State's estimate of the total cost
23of the information requested and a charge of $50, per 1,000
24units or part thereof identified or the actual cost, whichever
25is greater. The Secretary is authorized to refund any
26difference between the additional deposit and the actual cost

 

 

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1of the request. This service shall not be in lieu of an
2abstract of a driver's record nor of a title or registration
3search. This service may be limited to entities purchasing a
4minimum number of records as required by administrative rule.
5The information sold pursuant to this subsection shall be the
6entire vehicle or driver data list, or part thereof. The
7information sold pursuant to this subsection shall not contain
8personally identifying information unless the information is
9to be used for one of the purposes identified in subsection
10(f-5) of this Section. Commercial purchasers of driver and
11vehicle record databases shall enter into a written agreement
12with the Secretary of State that includes disclosure of the
13commercial use of the information to be purchased.
14    (b-1) The Secretary is further empowered to and may, in
15his or her discretion, furnish vehicle or driver data on a
16computer tape, disk, or other electronic format or computer
17processible medium, at no fee, to any State or local
18governmental agency that uses the information provided by the
19Secretary to transmit data back to the Secretary that enables
20the Secretary to maintain accurate driving records, including
21dispositions of traffic cases. This information may be
22provided without fee not more often than once every 6 months.
23    (c) Secretary of State may issue registration lists. The
24Secretary of State may compile a list of all registered
25vehicles. Each list of registered vehicles shall be arranged
26serially according to the registration numbers assigned to

 

 

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1registered vehicles and may contain in addition the names and
2addresses of registered owners and a brief description of each
3vehicle including the serial or other identifying number
4thereof. Such compilation may be in such form as in the
5discretion of the Secretary of State may seem best for the
6purposes intended.
7    (d) The Secretary of State shall furnish no more than 2
8current available lists of such registrations to the sheriffs
9of all counties and to the chiefs of police of all cities and
10villages and towns of 2,000 population and over in this State
11at no cost. Additional copies may be purchased by the sheriffs
12or chiefs of police at the fee of $500 each or at the cost of
13producing the list as determined by the Secretary of State.
14Such 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
18registration search of the records of his office and a written
19report on the same for any person, upon written application of
20such person, accompanied by a fee of $5 for each registration
21or title search. The written application shall set forth the
22intended use of the requested information. No fee shall be
23charged for a title or registration search, or for the
24certification thereof requested by a government agency. The
25report of the title or registration search shall not contain
26personally identifying information unless the request for a

 

 

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1search was made for one of the purposes identified in
2subsection (f-5) of this Section. The report of the title or
3registration search shall not contain highly restricted
4personal information unless specifically authorized by this
5Code.
6    The Secretary of State shall certify a title or
7registration record upon written request. The fee for
8certification shall be $5 in addition to the fee required for a
9title or registration search. Certification shall be made
10under the signature of the Secretary of State and shall be
11authenticated by Seal of the Secretary of State.
12    The Secretary of State may notify the vehicle owner or
13registrant of the request for purchase of his title or
14registration information as the Secretary deems appropriate.
15    No information shall be released to the requester until
16expiration of a 10-day period. This 10-day period shall not
17apply to requests for information made by law enforcement
18officials, government agencies, financial institutions,
19attorneys, insurers, employers, automobile associated
20businesses, persons licensed as a private detective or firms
21licensed as a private detective agency under the Private
22Detective, Private Alarm, Private Security, Fingerprint
23Vendor, and Locksmith Act of 2004, who are employed by or are
24acting on behalf of law enforcement officials, government
25agencies, financial institutions, attorneys, insurers,
26employers, automobile associated businesses, and other

 

 

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1business entities for purposes consistent with the Illinois
2Vehicle Code, the vehicle owner or registrant or other
3entities as the Secretary may exempt by rule and regulation.
4    Any misrepresentation made by a requester of title or
5vehicle information shall be punishable as a petty offense,
6except in the case of persons licensed as a private detective
7or firms licensed as a private detective agency which shall be
8subject to disciplinary sanctions under Section 40-10 of the
9Private Detective, Private Alarm, Private Security,
10Fingerprint Vendor, and Locksmith Act of 2004.
11    (f-5) The Secretary of State shall not disclose or
12otherwise make available to any person or entity any
13personally identifying information obtained by the Secretary
14of State in connection with a driver's license, vehicle, or
15title registration record unless the information is disclosed
16for 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
5otherwise make available to any person or entity any highly
6restricted personal information obtained by the Secretary of
7State in connection with a driver's license, vehicle, or title
8registration record unless specifically authorized by this
9Code.
10    (g) 1. The Secretary of State may, upon receipt of a
11written request and a fee as set forth in Section 6-118,
12furnish to the person or agency so requesting a driver's
13record or data contained therein. Such document may include a
14record of: current driver's license issuance information,
15except that the information on judicial driving permits shall
16be available only as otherwise provided by this Code;
17convictions; orders entered revoking, suspending or cancelling
18a driver's license or privilege; and notations of crash
19involvement. All other information, unless otherwise permitted
20by this Code, shall remain confidential. Information released
21pursuant to a request for a driver's record shall not contain
22personally identifying information, unless the request for the
23driver's record was made for one of the purposes set forth in
24subsection (f-5) of this Section. The Secretary of State may,
25without fee, allow a parent or guardian of a person under the
26age of 18 years, who holds an instruction permit or graduated

 

 

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1driver's license, to view that person's driving record online,
2through a computer connection. The parent or guardian's online
3access to the driving record will terminate when the
4instruction permit or graduated driver's license holder
5reaches the age of 18.
6    2. The Secretary of State shall not disclose or otherwise
7make available to any person or entity any highly restricted
8personal information obtained by the Secretary of State in
9connection with a driver's license, vehicle, or title
10registration record unless specifically authorized by this
11Code. The Secretary of State may certify an abstract of a
12driver's record upon written request therefor. Such
13certification shall be made under the signature of the
14Secretary of State and shall be authenticated by the Seal of
15his office.
16    3. All requests for driving record information shall be
17made in a manner prescribed by the Secretary and shall set
18forth the intended use of the requested information.
19    The Secretary of State may notify the affected driver of
20the request for purchase of his driver's record as the
21Secretary deems appropriate.
22    No information shall be released to the requester until
23expiration of a 10-day period. This 10-day period shall not
24apply to requests for information made by law enforcement
25officials, government agencies, financial institutions,
26attorneys, insurers, employers, automobile associated

 

 

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1businesses, persons licensed as a private detective or firms
2licensed as a private detective agency under the Private
3Detective, Private Alarm, Private Security, Fingerprint
4Vendor, and Locksmith Act of 2004, who are employed by or are
5acting on behalf of law enforcement officials, government
6agencies, financial institutions, attorneys, insurers,
7employers, automobile associated businesses, and other
8business entities for purposes consistent with the Illinois
9Vehicle Code, the affected driver or other entities as the
10Secretary may exempt by rule and regulation.
11    Any misrepresentation made by a requester of driver
12information shall be punishable as a petty offense, except in
13the case of persons licensed as a private detective or firms
14licensed as a private detective agency which shall be subject
15to disciplinary sanctions under Section 40-10 of the Private
16Detective, Private Alarm, Private Security, Fingerprint
17Vendor, and Locksmith Act of 2004.
18    4. The Secretary of State may furnish without fee, upon
19the written request of a law enforcement agency, any
20information from a driver's record on file with the Secretary
21of State when such information is required in the enforcement
22of this Code or any other law relating to the operation of
23motor vehicles, including records of dispositions; documented
24information involving the use of a motor vehicle; whether such
25individual has, or previously had, a driver's license; and the
26address and personal description as reflected on said driver's

 

 

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1record.
2    5. Except as otherwise provided in this Section, the
3Secretary of State may furnish, without fee, information from
4an individual driver's record on file, if a written request
5therefor is submitted by any public transit system or
6authority, public defender, law enforcement agency, a state or
7federal agency, or an Illinois local intergovernmental
8association, if the request is for the purpose of a background
9check of applicants for employment with the requesting agency,
10or for the purpose of an official investigation conducted by
11the agency, or to determine a current address for the driver so
12public funds can be recovered or paid to the driver, or for any
13other purpose set forth in subsection (f-5) of this Section.
14    The Secretary may also furnish the courts a copy of an
15abstract of a driver's record, without fee, subsequent to an
16arrest for a violation of Section 11-501 or a similar
17provision of a local ordinance. Such abstract may include
18records of dispositions; documented information involving the
19use of a motor vehicle as contained in the current file;
20whether such individual has, or previously had, a driver's
21license; and the address and personal description as reflected
22on said driver's record.
23    6. Any certified abstract issued by the Secretary of State
24or transmitted electronically by the Secretary of State
25pursuant to this Section, to a court or on request of a law
26enforcement agency, for the record of a named person as to the

 

 

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1status of the person's driver's license shall be prima facie
2evidence of the facts therein stated and if the name appearing
3in such abstract is the same as that of a person named in an
4information or warrant, such abstract shall be prima facie
5evidence that the person named in such information or warrant
6is the same person as the person named in such abstract and
7shall be admissible for any prosecution under this Code and be
8admitted as proof of any prior conviction or proof of records,
9notices, or orders recorded on individual driving records
10maintained by the Secretary of State.
11    7. Subject to any restrictions contained in the Juvenile
12Court Act of 1987, and upon receipt of a proper request and a
13fee as set forth in Section 6-118, the Secretary of State shall
14provide a driver's record or data contained therein to the
15affected driver, or the affected driver's attorney, upon
16verification. Such record shall contain all the information
17referred to in paragraph 1 of this subsection (g) plus: any
18recorded crash involvement as a driver; information recorded
19pursuant to subsection (e) of Section 6-117 and paragraph (4)
20of subsection (a) of Section 6-204 of this Code. All other
21information, unless otherwise permitted by this Code, shall
22remain confidential.
23    (h) The Secretary shall not disclose social security
24numbers or any associated information obtained from the Social
25Security Administration except pursuant to a written request
26by, or with the prior written consent of, the individual

 

 

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1except: (1) to officers and employees of the Secretary who
2have a need to know the social security numbers in performance
3of their official duties, (2) to law enforcement officials for
4a civil or criminal law enforcement investigation, and if an
5officer of the law enforcement agency has made a written
6request to the Secretary specifying the law enforcement
7investigation for which the social security numbers are being
8sought, though the Secretary retains the right to require
9additional verification regarding the validity of the request,
10(3) to the United States Department of Transportation, or any
11other State, pursuant to the administration and enforcement of
12the Commercial Motor Vehicle Safety Act of 1986 or
13participation in State-to-State verification service, (4)
14pursuant 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
17child support enforcement duties assigned to that Department
18under provisions of the Illinois Public Aid Code after the
19individual has received advanced meaningful notification of
20what redisclosure is sought by the Secretary in accordance
21with the federal Privacy Act, (5.5) to the Department of
22Healthcare and Family Services and the Department of Human
23Services solely for the purpose of verifying Illinois
24residency where such residency is an eligibility requirement
25for benefits under the Illinois Public Aid Code or any other
26health benefit program administered by the Department of

 

 

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1Healthcare and Family Services or the Department of Human
2Services, (6) to the Illinois Department of Revenue solely for
3use by the Department in the collection of any tax or debt that
4the Department of Revenue is authorized or required by law to
5collect, provided that the Department shall not disclose the
6social security number to any person or entity outside of the
7Department, (7) to the Illinois Department of Veterans
8Veterans' Affairs for the purpose of confirming veteran
9status, or (8) the last 4 digits to the Illinois State Board of
10Elections for purposes of voter registration and as may be
11required pursuant to an agreement for a multi-state voter
12registration list maintenance system. If social security
13information is disclosed by the Secretary in accordance with
14this Section, no liability shall rest with the Office of the
15Secretary of State or any of its officers or employees, as the
16information is released for official purposes only.
17    (i) (Blank).
18    (j) Medical statements or medical reports received in the
19Secretary of State's Office shall be confidential. Except as
20provided in this Section, no confidential information may be
21open to public inspection or the contents disclosed to anyone,
22except officers and employees of the Secretary who have a need
23to know the information contained in the medical reports and
24the Driver License Medical Advisory Board, unless so directed
25by an order of a court of competent jurisdiction. If the
26Secretary receives a medical report regarding a driver that

 

 

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1does not address a medical condition contained in a previous
2medical report, the Secretary may disclose the unaddressed
3medical condition to the driver or his or her physician, or
4both, solely for the purpose of submission of a medical report
5that addresses the condition.
6    (k) Beginning July 1, 2023, disbursement of fees collected
7under this Section shall be as follows: (1) of the $20 fee for
8a driver's record, $11 shall be paid into the Secretary of
9State Special Services Fund, and $6 shall be paid into the
10General Revenue Fund; (2) 50% of the amounts collected under
11subsection (b) shall be paid into the General Revenue Fund;
12and (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
16under this Section shall not include notations relating to
17damage to a vehicle or other property being transported by a
18tow truck. This information shall remain confidential,
19provided that nothing in this subsection (m) shall limit
20disclosure of any notification of crash involvement to any law
21enforcement agency or official.
22    (n) Requests made by the news media for driver's license,
23vehicle, or title registration information may be furnished
24without charge or at a reduced charge, as determined by the
25Secretary, when the specific purpose for requesting the
26documents is deemed to be in the public interest. Waiver or

 

 

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1reduction of the fee is in the public interest if the principal
2purpose of the request is to access and disseminate
3information regarding the health, safety, and welfare or the
4legal rights of the general public and is not for the principal
5purpose of gaining a personal or commercial benefit. The
6information provided pursuant to this subsection shall not
7contain personally identifying information unless the
8information is to be used for one of the purposes identified in
9subsection (f-5) of this Section.
10    (o) The redisclosure of personally identifying information
11obtained pursuant to this Section is prohibited, except to the
12extent necessary to effectuate the purpose for which the
13original disclosure of the information was permitted.
14    (p) The Secretary of State is empowered to adopt rules to
15effectuate 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
20disability from the United States Department of Veterans
21Affairs, and who has obtained certification from a licensed
22physician, physician assistant, or advanced practice
23registered nurse that the service-connected disability
24qualifies the veteran for issuance of registration plates or
25digital registration plates or decals to a person with

 

 

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1disabilities in accordance with Section 3-616, may, without
2the payment of any registration fee, make application to the
3Secretary of State for license plates for veterans with
4disabilities displaying the international symbol of access,
5for the registration of one motor vehicle of the first
6division, one motorcycle, or one motor vehicle of the second
7division weighing not more than 8,000 pounds.
8    (b) Any veteran who holds proof of a service-connected
9disability from the United States Department of Veterans
10Affairs, and whose degree of disability has been declared to
11be 50% or more, but whose disability does not qualify the
12veteran for a plate or decal for persons with disabilities
13under Section 3-616, may, without the payment of any
14registration fee, make application to the Secretary for a
15special registration plate or digital registration plate
16without the international symbol of access for the
17registration of one motor vehicle of the first division, one
18motorcycle, or one motor vehicle of the second division
19weighing not more than 8,000 pounds.
20    (c) Renewal of such registration must be accompanied with
21documentation for eligibility of registration without fee
22unless the applicant has a permanent qualifying disability,
23and such registration plates or digital registration plates
24may not be issued to any person not eligible therefor. The
25Illinois Department of Veterans Veterans' Affairs may assist
26in providing the documentation of disability.

 

 

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1    (d) The design and color of the plates shall be within the
2discretion of the Secretary, except that the plates issued
3under subsection (b) of this Section shall not contain the
4international symbol of access. The Secretary may, in his or
5her discretion, allow the plates to be issued as vanity or
6personalized plates in accordance with Section 3-405.1 of this
7Code. Registration shall be for a multi-year period and may be
8issued staggered registration.
9    (e) Any person eligible to receive license plates under
10this Section who has been approved for benefits under the
11Senior Citizens and Persons with Disabilities Property Tax
12Relief Act, or who has claimed and received a grant under that
13Act, shall pay a fee of $24 instead of the fee otherwise
14provided in this Code for passenger cars displaying standard
15multi-year registration plates or digital registration plates
16issued under Section 3-414.1, for motor vehicles registered at
178,000 pounds or less under Section 3-815(a), or for
18recreational vehicles registered at 8,000 pounds or less under
19Section 3-815(b), for a second set of plates under this
20Section.
21    (f) With respect to the supporting documentation required
22to obtain a plate under this Section, the Secretary shall
23allow an applicant to redact information on the documentation
24that pertains to the nature of the applicant's health issue,
25unless that information is necessary to confirm that the
26applicant's disability is service-connected or to establish

 

 

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1the degree of the applicant's service-connected disability.
2(Source: P.A. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20;
3102-273, 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
7Secretary, upon receipt of all applicable fees and
8applications made in the form prescribed by the Secretary, may
9issue Universal special license plates to residents of
10Illinois on behalf of organizations that have been authorized
11by the General Assembly to issue decals for Universal special
12license plates. Appropriate documentation, as determined by
13the Secretary, shall accompany each application. Authorized
14organizations shall be designated by amendment to this
15Section. When applying for a Universal special license plate
16the applicant shall inform the Secretary of the name of the
17authorized organization from which the applicant will obtain a
18decal to place on the plate. The Secretary shall make a record
19of that organization and that organization shall remain
20affiliated with that plate until the plate is surrendered,
21revoked, or otherwise cancelled. The authorized organization
22may charge a fee to offset the cost of producing and
23distributing the decal, but that fee shall be retained by the
24authorized organization and shall be separate and distinct
25from any registration fees charged by the Secretary. No decal,

 

 

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1sticker, or other material may be affixed to a Universal
2special license plate other than a decal authorized by the
3General Assembly in this Section or a registration renewal
4sticker. The special plates issued under this Section shall be
5affixed only to passenger vehicles of the first division,
6including motorcycles and autocycles, or motor vehicles of the
7second division weighing not more than 8,000 pounds. Plates
8issued under this Section shall expire according to the
9multi-year procedure under Section 3-414.1 of this Code.
10    (b) The design, color, and format of the Universal special
11license plate shall be wholly within the discretion of the
12Secretary. Universal special license plates are not required
13to designate "Land of Lincoln", as prescribed in subsection
14(b) of Section 3-412 of this Code. The design shall allow for
15the application of a decal to the plate. Organizations
16authorized by the General Assembly to issue decals for
17Universal special license plates shall comply with rules
18adopted by the Secretary governing the requirements for and
19approval of Universal special license plate decals. The
20Secretary may, in his or her discretion, allow Universal
21special license plates to be issued as vanity or personalized
22plates in accordance with Section 3-405.1 of this Code. The
23Secretary of State must make a version of the special
24registration plates authorized under this Section in a form
25appropriate for motorcycles and autocycles.
26    (c) When authorizing a Universal special license plate,

 

 

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1the General Assembly shall set forth whether an additional fee
2is to be charged for the plate and, if a fee is to be charged,
3the amount of the fee and how the fee is to be distributed.
4When necessary, the authorizing language shall create a
5special fund in the State treasury into which fees may be
6deposited for an authorized Universal special license plate.
7Additional fees may only be charged if the fee is to be paid
8over to a State agency or to a charitable entity that is in
9compliance with the registration and reporting requirements of
10the Charitable Trust Act and the Solicitation for Charity Act.
11Any charitable entity receiving fees for the sale of Universal
12special license plates shall annually provide the Secretary of
13State a letter of compliance issued by the Attorney General
14verifying that the entity is in compliance with the Charitable
15Trust Act and the Solicitation for Charity Act.
16    (d) Upon original issuance and for each registration
17renewal period, in addition to the appropriate registration
18fee, if applicable, the Secretary shall collect any additional
19fees, if required, for issuance of Universal special license
20plates. The fees shall be collected on behalf of the
21organization designated by the applicant when applying for the
22plate. All fees collected shall be transferred to the State
23agency on whose behalf the fees were collected, or paid into
24the special fund designated in the law authorizing the
25organization to issue decals for Universal special license
26plates. All money in the designated fund shall be distributed

 

 

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1by the Secretary subject to appropriation by the General
2Assembly.
3    (e) The following organizations may issue decals for
4Universal special license plates with the original and renewal
5fees 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
9the 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;
23102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
248-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
25eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
26103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.

 

 

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11-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
2eff. 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
6to be issued under this Code shall be made upon a form
7furnished by the Secretary of State. Every application shall
8be accompanied by the proper fee and payment of such fee shall
9entitle the applicant to not more than 3 attempts to pass the
10examination within a period of one year after the date of
11application.
12    (b) Every application shall state the legal name, zip
13code, date of birth, sex, and residence address of the
14applicant; briefly describe the applicant; state whether the
15applicant has theretofore been licensed as a driver, and, if
16so, when and by what state or country, and whether any such
17license has ever been cancelled, suspended, revoked or
18refused, and, if so, the date and reason for such
19cancellation, suspension, revocation or refusal; shall include
20an affirmation by the applicant that all information set forth
21is true and correct; and shall bear the applicant's signature.
22In addition to the residence address, the Secretary may allow
23the applicant to provide a mailing address. In the case of an
24applicant who is a judicial officer or peace officer, the
25Secretary may allow the applicant to provide an office or work

 

 

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1address in lieu of a residence or mailing address. The
2application form may also require the statement of such
3additional relevant information as the Secretary of State
4shall deem necessary to determine the applicant's competency
5and eligibility. The Secretary of State may, in his
6discretion, by rule or regulation, provide that an application
7for a drivers license or permit may include a suitable
8photograph of the applicant in the form prescribed by the
9Secretary, and he may further provide that each drivers
10license shall include a photograph of the driver. The
11Secretary of State may utilize a photograph process or system
12most suitable to deter alteration or improper reproduction of
13a drivers license and to prevent substitution of another photo
14thereon. For the purposes of this subsection (b), "peace
15officer" means any person who by virtue of his or her office or
16public employment is vested by law with a duty to maintain
17public order or to make arrests for a violation of any penal
18statute of this State, whether that duty extends to all
19violations or is limited to specific violations.
20    (b-1) Every application shall state the social security
21number of the applicant; except if the applicant is applying
22for a standard driver's license and, on the date of
23application, 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
20for a digital driver's license and identification card
21issuance and facial recognition system issued after January 1,
222020 (the effective date of Public Act 101-513), and upon
23implementation of a new or revised system procured pursuant to
24that request for proposals, the Secretary shall permit
25applicants to choose between "male", "female" or "non-binary"
26when designating the applicant's sex on the driver's license

 

 

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1application form. The sex designated by the applicant shall be
2displayed on the driver's license issued to the applicant.
3    (b-5) Every applicant for a REAL ID compliant driver's
4license or permit shall provide proof of lawful status in the
5United States as defined in 6 CFR 37.3, as amended.
6    (c) The application form shall include a notice to the
7applicant of the registration obligations of sex offenders
8under the Sex Offender Registration Act. The notice shall be
9provided in a form and manner prescribed by the Secretary of
10State. For purposes of this subsection (c), "sex offender" has
11the meaning ascribed to it in Section 2 of the Sex Offender
12Registration Act.
13    (d) Any male United States citizen or immigrant who
14applies for any permit or license authorized to be issued
15under this Code or for a renewal of any permit or license, and
16who is at least 18 years of age but less than 26 years of age,
17must be registered in compliance with the requirements of the
18federal Military Selective Service Act. The Secretary of State
19must forward in an electronic format the necessary personal
20information regarding the applicants identified in this
21subsection (d) to the Selective Service System. The
22applicant's signature on the application serves as an
23indication that the applicant either has already registered
24with the Selective Service System or that he is authorizing
25the Secretary to forward to the Selective Service System the
26necessary information for registration. The Secretary must

 

 

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1notify the applicant at the time of application that his
2signature constitutes consent to registration with the
3Selective Service System, if he is not already registered.
4    (e) Beginning on or before July 1, 2015, for each original
5or renewal driver's license application under this Code, the
6Secretary shall inquire as to whether the applicant is a
7veteran for purposes of issuing a driver's license with a
8veteran designation under subsection (e-5) of Section 6-110 of
9this Code. The acceptable forms of proof shall include, but
10are not limited to, Department of Defense form DD-214,
11Department of Defense form DD-256 for applicants who did not
12receive a form DD-214 upon the completion of initial basic
13training, Department of Defense form DD-2 (Retired), an
14identification card issued under the federal Veterans
15Identification Card Act of 2015, or a United States Department
16of Veterans Affairs summary of benefits letter. If the
17document cannot be stamped, the Illinois Department of
18Veterans Veterans' Affairs shall provide a certificate to the
19veteran to provide to the Secretary of State. The Illinois
20Department of Veterans Veterans' Affairs shall advise the
21Secretary as to what other forms of proof of a person's status
22as a veteran are acceptable.
23    For each applicant who is issued a driver's license with a
24veteran designation, the Secretary shall provide the
25Department of Veterans Veterans' Affairs with the applicant's
26name, address, date of birth, gender and such other

 

 

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1demographic information as agreed to by the Secretary and the
2Department. The Department may take steps necessary to confirm
3the applicant is a veteran. If after due diligence, including
4writing to the applicant at the address provided by the
5Secretary, the Department is unable to verify the applicant's
6veteran status, the Department shall inform the Secretary, who
7shall notify the applicant that he or she must confirm status
8as 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
11States, including a member of any reserve component or
12National Guard unit.
13    "Veteran" means a person who has served in the armed
14forces and was discharged or separated under honorable
15conditions.
16    (f) An applicant who is eligible for Gold Star license
17plates under Section 3-664 of this Code may apply for an
18original or renewal driver's license with space for a
19designation as a Gold Star Family. The Secretary may waive any
20fee for this application. If the Secretary does not waive the
21fee, any fee charged to the applicant must be deposited into
22the Illinois Veterans Assistance Fund. The Secretary is
23authorized to issue rules to implement this subsection.
24(Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24;
25103-933, 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
3disabilities.
4    (a) The Secretary of State shall provide for, by
5administrative rules, the design, size, color, and placement
6of a person with disabilities motorist decal or device and
7shall provide for, by administrative rules, the content and
8form of an application for a person with disabilities motorist
9decal or device, which shall be used by local authorities in
10the issuance thereof to a person with temporary disabilities,
11provided that the decal or device is valid for no more than 90
12days, subject to renewal for like periods based upon continued
13disability, and further provided that the decal or device
14clearly sets forth the date that the decal or device expires.
15The application shall include the requirement of an Illinois
16Identification Card number or a State of Illinois driver's
17license number or, if the applicant does not have an
18identification card or driver's license number, then the
19applicant may use a valid identification number issued by a
20branch of the U.S. military or a federally issued Medicare or
21Medicaid identification number. This decal or device may be
22used by the authorized holder to designate and identify a
23vehicle not owned or displaying a registration plate or
24digital registration plate as provided in Sections 3-609 and
253-616 of this Act to designate when the vehicle is being used
26to transport said person or persons with disabilities, and

 

 

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1thus is entitled to enjoy all the privileges that would be
2afforded a person with disabilities licensed vehicle. Person
3with disabilities decals or devices issued and displayed
4pursuant to this Section shall be recognized and honored by
5all local authorities regardless of which local authority
6issued such decal or device.
7    The decal or device shall be issued only upon a showing by
8adequate documentation that the person for whose benefit the
9decal or device is to be used has a disability as defined in
10Section 1-159.1 of this Code and the disability is temporary.
11    (a-5) The Secretary may provide a disabilities motorist
12decal or device to an expectant mother during her third
13trimester. An application under this subsection is subject to
14application requirements under subsection (a). The decal or
15device shall be valid for no more than 90 days, and shall
16clearly set forth the date that the decal or device expires.
17The decal or device shall be issued only upon a showing by
18adequate documentation that the expectant mother has entered
19her third trimester.
20    (b) The local governing authorities shall be responsible
21for the provision of such decal or device, its issuance and
22designated placement within the vehicle. The cost of such
23decal or device shall be at the discretion of such local
24governing authority.
25    (c) The Secretary of State may, pursuant to Section
263-616(c), issue a person with disabilities parking decal or

 

 

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1device to a person with disabilities as defined by Section
21-159.1. Any person with disabilities parking decal or device
3issued by the Secretary of State shall be registered to that
4person with disabilities in the form to be prescribed by the
5Secretary of State. The person with disabilities parking decal
6or device shall not display that person's address. One
7additional decal or device may be issued to an applicant upon
8his or her written request and with the approval of the
9Secretary of State. The written request must include a
10justification of the need for the additional decal or device.
11    (c-5) Beginning January 1, 2014, the Secretary shall
12provide by administrative rule for the issuance of a separate
13and distinct parking decal or device for persons with
14disabilities as defined by Section 1-159.1 of this Code and
15who meet the qualifications under this subsection. The
16authorized holder of a decal or device issued under this
17subsection (c-5) shall be exempt from the payment of fees
18generated by parking in a metered space, a parking area
19subject to paragraph (10) of subsection (a) of Section 11-209
20of this Code, or a publicly owned parking area.
21    The Secretary shall issue a meter-exempt decal or device
22to a person with disabilities who: (i) has been issued
23registration plates or digital registration plates under
24subsection (a) of Section 3-609 or Section 3-616 of this Code
25or a special decal or device under this Section, (ii) holds a
26valid Illinois driver's license, and (iii) is unable to do one

 

 

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1or 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
16shall contain a statement certified by a licensed physician,
17physician assistant, or advanced practice registered nurse
18attesting to the permanent nature of the applicant's condition
19and verifying that the applicant meets the physical
20qualifications specified in this subsection (c-5).
21    Notwithstanding the requirements of this subsection (c-5),
22the Secretary shall issue a meter-exempt decal or device to a
23person who has been issued registration plates or digital
24registration plates under Section 3-616 of this Code or a
25special decal or device under this Section, if the applicant
26is the parent or guardian of a person with disabilities who is

 

 

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1under 18 years of age and incapable of driving.
2    (d) Replacement decals or devices may be issued for lost,
3stolen, or destroyed decals upon application and payment of a
4$10 fee. The replacement fee may be waived for individuals
5that have claimed and received a grant under the Senior
6Citizens and Persons with Disabilities Property Tax Relief
7Act.
8    (e) A person classified as a veteran under subsection (e)
9of Section 6-106 of this Code that has been issued a decal or
10device under this Section shall not be required to submit
11evidence of disability in order to renew that decal or device
12if, at the time of initial application, he or she submitted
13evidence from his or her physician or the Department of
14Veterans Veterans' Affairs that the disability is of a
15permanent nature. However, the Secretary shall take reasonable
16steps to ensure the veteran still resides in this State at the
17time of the renewal. These steps may include requiring the
18veteran to provide additional documentation or to appear at a
19Secretary of State facility. To identify veterans who are
20eligible for this exemption, the Secretary shall compare the
21list of the persons who have been issued a decal or device to
22the list of persons who have been issued a vehicle
23registration plate or digital registration plate for veterans
24with disabilities under Section 3-609 of this Code, or who are
25identified as a veteran on their driver's license under
26Section 6-110 of this Code or on their identification card

 

 

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1under 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
4changing 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
8Foundation, a not-for-profit corporation created by the
9Illinois State Bar Association and the Chicago Bar Association
10and 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
13Foundation. The Council consists of 7 members, appointed as
14follows: one by the Lawyers Trust Fund of Illinois, one by the
15Chicago Bar Foundation, one by the Illinois Bar Foundation,
16one by the Illinois Department of Veterans Veterans' Affairs,
17one by the Illinois Attorney General, and 2 by the Foundation
18or any successor entities or agencies as designated by the
19Council.
20(Source: P.A. 99-281, eff. 8-5-15.)
 
21    Section 445. The Court of Claims Act is amended by
22changing 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
3Program.
4    (a) Within the Court of Claims, there is established a
5Gold Star and Fallen Heroes Families Assistance Program, which
6is charged with the responsibility of assessing the needs of
7and providing information to Illinois Gold Star and Fallen
8Heroes Families with regard to claims filed pursuant to the
9Line of Duty Compensation Act.
10    (b) As used in this Section, "Gold Star and Fallen Heroes
11Family" means the family members of an individual who was
12killed in the line of duty and who was employed or serving in a
13capacity defined in Section 2 of the Illinois Line of Duty
14Compensation Act.
15    (c) Toll-free helpline. The Gold Star and Fallen Heroes
16Families Assistance Program shall include a toll-free helpline
17dedicated to families seeking information about the Line of
18Duty Compensation Act, including, but not limited to, the
19status of claims filed pursuant to that Act. The helpline
20phone number and information about the Gold Star and Fallen
21Heroes Families Assistance Program shall be provided to each
22person filing a claim under the Line of Duty Compensation Act.
23    (d) On or before January 1 of each year, the Court of
24Claims shall report to the Governor, both houses of the
25General Assembly, and the Illinois Department of Veterans
26Veterans' 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;
1196-1000, eff. 7-2-10.)
 
12    Section 455. The Unified Code of Corrections is amended by
13changing 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
16Industries division, the Department may establish commercial,
17business, and manufacturing programs for the production of
18finished goods and processed food and beverages to the State,
19its political units, agencies, and other public institutions.
20Illinois Correctional Industries may establish, operate, and
21maintain manufacturing and food and beverage production in the
22Department facilities and provide food for the Department
23institutions and for the mental health and developmental
24disabilities institutions of the Department of Human Services

 

 

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1and the institutions of the Department of Veterans Veterans'
2Affairs.
3    Illinois Correctional Industries shall be administered by
4a chief executive officer. The chief executive officer shall
5report to the Director of the Department or the Director's
6designee. The chief executive officer shall administer the
7commercial and business programs of ICI for inmate workers in
8the custody of the Department of Corrections.
9    The chief executive officer shall have such assistants as
10are required for programming, manufacturing, budget, and
11personnel as necessary to run its programs.
12    Illinois Correctional Industries shall be located in
13Springfield. The chief executive officer of Illinois
14Correctional Industries shall assign personnel to teach the
15production of goods and shall employ committed persons
16assigned by the facility chief administrative officer. The
17Department of Corrections may direct such other vocational
18programs as it deems necessary for the rehabilitation of
19inmates, which shall be separate and apart from, and not in
20conflict with, programs of Illinois Correctional Industries.
21(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
22103-8, 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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1held to impose the sentence. However, prior to the imposition
2of sentence on an individual being sentenced for an offense
3based upon a charge for a violation of Section 11-501 of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance, the individual must undergo a professional
6evaluation to determine if an alcohol or other drug abuse
7problem exists and the extent of such a problem. Programs
8conducting these evaluations shall be licensed by the
9Department of Human Services. However, if the individual is
10not a resident of Illinois, the court may, in its discretion,
11accept an evaluation from a program in the state of such
12individual's residence. The court shall make a specific
13finding about whether the defendant is eligible for
14participation in a Department impact incarceration program as
15provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
16explanation as to why a sentence to impact incarceration is
17not an appropriate sentence. The court may in its sentencing
18order recommend a defendant for placement in a Department of
19Corrections substance abuse treatment program as provided in
20paragraph (a) of subsection (1) of Section 3-2-2 conditioned
21upon the defendant being accepted in a program by the
22Department 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
26his independent assessment of the elements specified above and

 

 

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1any agreement as to sentence reached by the parties. The judge
2who presided at the trial or the judge who accepted the plea of
3guilty shall impose the sentence unless he is no longer
4sitting as a judge in that court. Where the judge does not
5impose sentence at the same time on all defendants who are
6convicted as a result of being involved in the same offense,
7the defendant or the State's Attorney may advise the
8sentencing court of the disposition of any other defendants
9who have been sentenced.
10    (b-1) In imposing a sentence of imprisonment or periodic
11imprisonment for a Class 3 or Class 4 felony for which a
12sentence of probation or conditional discharge is an available
13sentence, if the defendant has no prior sentence of probation
14or conditional discharge and no prior conviction for a violent
15crime, the defendant shall not be sentenced to imprisonment
16before review and consideration of a presentence report and
17determination and explanation of why the particular evidence,
18information, factor in aggravation, factual finding, or other
19reasons support a sentencing determination that one or more of
20the factors under subsection (a) of Section 5-6-1 of this Code
21apply and that probation or conditional discharge is not an
22appropriate sentence.
23    (c) In imposing a sentence for a violent crime or for an
24offense of operating or being in physical control of a vehicle
25while under the influence of alcohol, any other drug or any
26combination thereof, or a similar provision of a local

 

 

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1ordinance, when such offense resulted in the personal injury
2to someone other than the defendant, the trial judge shall
3specify on the record the particular evidence, information,
4factors in mitigation and aggravation or other reasons that
5led to his sentencing determination. The full verbatim record
6of the sentencing hearing shall be filed with the clerk of the
7court and shall be a public record.
8    (c-1) In imposing a sentence for the offense of aggravated
9kidnapping for ransom, home invasion, armed robbery,
10aggravated vehicular hijacking, aggravated discharge of a
11firearm, or armed violence with a category I weapon or
12category II weapon, the trial judge shall make a finding as to
13whether the conduct leading to conviction for the offense
14resulted in great bodily harm to a victim, and shall enter that
15finding and the basis for that finding in the record.
16    (c-1.5) Notwithstanding any other provision of law to the
17contrary, in imposing a sentence for an offense that requires
18a mandatory minimum sentence of imprisonment, the court may
19instead sentence the offender to probation, conditional
20discharge, or a lesser term of imprisonment it deems
21appropriate if: (1) the offense involves the use or possession
22of drugs, retail theft, or driving on a revoked license due to
23unpaid financial obligations; (2) the court finds that the
24defendant does not pose a risk to public safety; and (3) the
25interest of justice requires imposing a term of probation,
26conditional discharge, or a lesser term of imprisonment. The

 

 

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1court must state on the record its reasons for imposing
2probation, conditional discharge, or a lesser term of
3imprisonment.
4    (c-2) If the defendant is sentenced to prison, other than
5when a sentence of natural life imprisonment is imposed, at
6the time the sentence is imposed the judge shall state on the
7record in open court the approximate period of time the
8defendant will serve in custody according to the then current
9statutory rules and regulations for sentence credit found in
10Section 3-6-3 and other related provisions of this Code. This
11statement is intended solely to inform the public, has no
12legal effect on the defendant's actual release, and may not be
13relied on by the defendant on appeal.
14    The judge's statement, to be given after pronouncing the
15sentence, other than when the sentence is imposed for one of
16the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
17shall include the following:
18    "The purpose of this statement is to inform the public of
19the actual period of time this defendant is likely to spend in
20prison as a result of this sentence. The actual period of
21prison time served is determined by the statutes of Illinois
22as applied to this sentence by the Illinois Department of
23Corrections and the Illinois Prisoner Review Board. In this
24case, assuming the defendant receives all of his or her
25sentence credit, the period of estimated actual custody is ...
26years and ... months, less up to 180 days additional earned

 

 

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1sentence credit. If the defendant, because of his or her own
2misconduct or failure to comply with the institutional
3regulations, does not receive those credits, the actual time
4served in prison will be longer. The defendant may also
5receive an additional one-half day sentence credit for each
6day of participation in vocational, industry, substance abuse,
7and educational programs as provided for by Illinois statute."
8    When the sentence is imposed for one of the offenses
9enumerated in paragraph (a)(2) of Section 3-6-3, other than
10first degree murder, and the offense was committed on or after
11June 19, 1998, and when the sentence is imposed for reckless
12homicide as defined in subsection (e) of Section 9-3 of the
13Criminal Code of 1961 or the Criminal Code of 2012 if the
14offense was committed on or after January 1, 1999, and when the
15sentence is imposed for aggravated driving under the influence
16of alcohol, other drug or drugs, or intoxicating compound or
17compounds, or any combination thereof as defined in
18subparagraph (F) of paragraph (1) of subsection (d) of Section
1911-501 of the Illinois Vehicle Code, and when the sentence is
20imposed for aggravated arson if the offense was committed on
21or after July 27, 2001 (the effective date of Public Act
2292-176), and when the sentence is imposed for aggravated
23driving under the influence of alcohol, other drug or drugs,
24or intoxicating compound or compounds, or any combination
25thereof as defined in subparagraph (C) of paragraph (1) of
26subsection (d) of Section 11-501 of the Illinois Vehicle Code

 

 

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1committed on or after January 1, 2011 (the effective date of
2Public Act 96-1230), the judge's statement, to be given after
3pronouncing the sentence, shall include the following:
4    "The purpose of this statement is to inform the public of
5the actual period of time this defendant is likely to spend in
6prison as a result of this sentence. The actual period of
7prison time served is determined by the statutes of Illinois
8as applied to this sentence by the Illinois Department of
9Corrections and the Illinois Prisoner Review Board. In this
10case, the defendant is entitled to no more than 4 1/2 days of
11sentence credit for each month of his or her sentence of
12imprisonment. Therefore, this defendant will serve at least
1385% of his or her sentence. Assuming the defendant receives 4
141/2 days credit for each month of his or her sentence, the
15period of estimated actual custody is ... years and ...
16months. If the defendant, because of his or her own misconduct
17or failure to comply with the institutional regulations
18receives lesser credit, the actual time served in prison will
19be longer."
20    When a sentence of imprisonment is imposed for first
21degree murder and the offense was committed on or after June
2219, 1998, the judge's statement, to be given after pronouncing
23the sentence, shall include the following:
24    "The purpose of this statement is to inform the public of
25the actual period of time this defendant is likely to spend in
26prison as a result of this sentence. The actual period of

 

 

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1prison time served is determined by the statutes of Illinois
2as applied to this sentence by the Illinois Department of
3Corrections and the Illinois Prisoner Review Board. In this
4case, the defendant is not entitled to sentence credit.
5Therefore, this defendant will serve 100% of his or her
6sentence."
7    When the sentencing order recommends placement in a
8substance abuse program for any offense that results in
9incarceration in a Department of Corrections facility and the
10crime was committed on or after September 1, 2003 (the
11effective date of Public Act 93-354), the judge's statement,
12in addition to any other judge's statement required under this
13Section, to be given after pronouncing the sentence, shall
14include the following:
15    "The purpose of this statement is to inform the public of
16the actual period of time this defendant is likely to spend in
17prison as a result of this sentence. The actual period of
18prison time served is determined by the statutes of Illinois
19as applied to this sentence by the Illinois Department of
20Corrections and the Illinois Prisoner Review Board. In this
21case, the defendant shall receive no earned sentence credit
22under clause (3) of subsection (a) of Section 3-6-3 until he or
23she participates in and completes a substance abuse treatment
24program or receives a waiver from the Director of Corrections
25pursuant 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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1presentence investigation under Section 5-3-1, the court shall
2inquire of the defendant whether the defendant is currently
3serving in or is a veteran of the Armed Forces of the United
4States. If the defendant is currently serving in the Armed
5Forces of the United States or is a veteran of the Armed Forces
6of the United States and has been diagnosed as having a mental
7illness by a qualified psychiatrist or clinical psychologist
8or 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
22psychiatrist" means a reputable physician licensed in Illinois
23to practice medicine in all its branches, who has specialized
24in the diagnosis and treatment of mental and nervous disorders
25for a period of not less than 5 years.
26    (c-6) In imposing a sentence, the trial judge shall

 

 

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1specify, on the record, the particular evidence and other
2reasons which led to his or her determination that a motor
3vehicle was used in the commission of the offense.
4    (c-7) In imposing a sentence for a Class 3 or 4 felony,
5other than a violent crime as defined in Section 3 of the
6Rights of Crime Victims and Witnesses Act, the court shall
7determine and indicate in the sentencing order whether the
8defendant has 4 or more or fewer than 4 months remaining on his
9or her sentence accounting for time served.
10    (d) When the defendant is committed to the Department of
11Corrections, the State's Attorney shall and counsel for the
12defendant may file a statement with the clerk of the court to
13be transmitted to the department, agency or institution to
14which the defendant is committed to furnish such department,
15agency or institution with the facts and circumstances of the
16offense for which the person was committed together with all
17other factual information accessible to them in regard to the
18person prior to his commitment relative to his habits,
19associates, disposition and reputation and any other facts and
20circumstances which may aid such department, agency or
21institution during its custody of such person. The clerk shall
22within 10 days after receiving any such statements transmit a
23copy to such department, agency or institution and a copy to
24the other party, provided, however, that this shall not be
25cause for delay in conveying the person to the department,
26agency or institution to which he has been committed.

 

 

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1    (e) The clerk of the court shall transmit to the
2department, agency or institution, if any, to which the
3defendant 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
10was used in the commission of the offense for which the
11defendant is being sentenced, the clerk of the court shall,
12within 5 days thereafter, forward a report of such conviction
13to the Secretary of State.
14(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
15103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
 
16    Section 460. The Drug Court Treatment Act is amended by
17changing Section 30 as follows:
 
18    (730 ILCS 166/30)
19    Sec. 30. Mental health and substance use disorder
20treatment.
21    (a) The drug court program shall maintain a network of
22substance use disorder treatment programs representing a
23continuum of graduated substance use disorder treatment
24options commensurate with the needs of the participant.

 

 

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1    (b) Any substance use disorder treatment program to which
2participants are referred must hold a valid license from the
3Department of Human Services Division of Substance Use
4Prevention and Recovery, use evidence-based treatment, and
5deliver all services in accordance with 77 Ill. Adm. Code
62060, including services available through the United States
7Department of Veterans Affairs, the Illinois Department of
8Veterans Veterans' Affairs, or Veterans Assistance Commission,
9or an equivalent standard in any other state where treatment
10may take place.
11    (c) The drug court program may, at its discretion, employ
12additional services or interventions, as it deems necessary on
13a case by case basis.
14    (d) The drug court program may maintain or collaborate
15with a network of mental health treatment programs
16representing a continuum of treatment options commensurate
17with the needs of the participant and available resources,
18including programs with the State and community-based programs
19supported and sanctioned by the State. Partnerships with
20providers certified as mental health or behavioral health
21centers shall be prioritized when possible.
22(Source: P.A. 102-1041, eff. 6-2-22.)
 
23    Section 465. The Veterans and Servicemembers Court
24Treatment 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
4problem-solving court obtains approval from the Supreme Court
5to operate in accordance with the Problem-Solving Court
6Standards.
7    "Clinical treatment plan" means an evidence-based,
8comprehensive, and individualized plan that: (i) is developed
9by a qualified professional in accordance with the Department
10of Human Services substance use prevention and recovery rules
11under 77 Ill. Adm. Code 2060 or an equivalent standard in any
12state where treatment may take place; and (ii) defines the
13scope of treatment services to be delivered by a court
14treatment provider.
15    "Combination Veterans and Servicemembers court program"
16means a type of problem-solving court that allows an
17individual to enter a problem-solving court before a plea,
18conviction, or disposition while also permitting an individual
19who has admitted guilt, or been found guilty, to enter a
20problem-solving court as a part of the individual's sentence
21or disposition.
22    "Community behavioral health center" means a physical site
23where behavioral healthcare services are provided in
24accordance with the Community Behavioral Health Center
25Infrastructure 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
10court program" means a program that includes an individual
11with co-occurring mental illness and substance use disorder
12diagnoses and professionals with training and experience in
13treating individuals with diagnoses of substance use disorder
14and mental illness.
15    "Court" means veterans and servicemembers court.
16    "IDVA" means the Illinois Department of Veterans Veterans'
17Affairs.
18    "Peer recovery coach" means a veteran mentor as defined
19nationally by Justice for Vets and assigned to a veteran or
20servicemember during participation in a veteran treatment
21court program who has been approved by the court, and trained
22according to curriculum recommended by Justice for Vets, a
23service provider used by the court for substance use disorder
24or mental health treatment, a local service provider with an
25established peer recovery coach or mentor program not
26otherwise used by the court for treatment, or a Certified

 

 

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1Recovery Support Specialist certified by the Illinois
2Certification Board. "Peer recovery coach" includes
3individuals with lived experiences of the issues the
4problem-solving court seeks to address, including, but not
5limited to, substance use disorder, mental illness, and
6co-occurring disorders or involvement with the criminal
7justice system. "Peer recovery coach" includes individuals
8required to guide and mentor the participant to successfully
9complete assigned requirements and to facilitate participants'
10independence for continued success once the supports of the
11court are no longer available to them.
12    "Post-adjudicatory veterans and servicemembers court
13program" means a program that allows a defendant who has
14admitted guilt or has been found guilty and agrees, with the
15defendant's consent, and the approval of the court, to enter a
16veterans and servicemembers court program as part of the
17defendant's sentence or disposition.
18    "Pre-adjudicatory veterans and servicemembers court
19program" means a program that allows the defendant, with the
20defendant's consent and the approval of the court, to enter
21the Veterans and Servicemembers Court program before plea,
22conviction, or disposition and requires successful completion
23of the Veterans and Servicemembers Court programs as part of
24the agreement.
25    "Problem-Solving Court Standards" means the statewide
26standards adopted by the Supreme Court that set forth the

 

 

HB2547 Enrolled- 378 -LRB104 09526 KTG 19589 b

1minimum requirements for the planning, establishment,
2certification, operation, and evaluation of all
3problem-solving courts in this State.
4    "Servicemember" means a person who is currently serving in
5the Army, Air Force, Marines, Navy, or Coast Guard on active
6duty, reserve status or in the National Guard.
7    "VA" means the United States Department of Veterans
8Veterans' Affairs.
9    "VAC" means a veterans assistance commission.
10    "Validated clinical assessment" means a validated
11assessment tool administered by a qualified clinician to
12determine the treatment needs of participants. "Validated
13clinical assessment" includes assessment tools required by
14public or private insurance.
15    "Veteran" means a person who previously served as an
16active servicemember.
17    "Veterans and servicemembers court professional" means a
18member of the veterans and servicemembers court team,
19including, but not limited to, a judge, prosecutor, defense
20attorney, probation officer, coordinator, treatment provider.
21    "Veterans and servicemembers court", "veterans and
22servicemembers court program", "court", or "program" means a
23specially designated court, court calendar, or docket
24facilitating intensive therapeutic treatment to monitor and
25assist veteran or servicemember participants with substance
26use disorder, mental illness, co-occurring disorders, or other

 

 

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1assessed treatment needs of eligible veteran and servicemember
2participants and in making positive lifestyle changes and
3reducing the rate of recidivism. Veterans and servicemembers
4court programs are nonadversarial in nature and bring together
5substance use disorder professionals, mental health
6professionals, VA professionals, local social programs, and
7intensive judicial monitoring in accordance with the
8nationally recommended 10 key components of veterans treatment
9courts and the Problem-Solving Court Standards. Common
10features of a veterans and servicemembers court program
11include, but are not limited to, a designated judge and staff;
12specialized intake and screening procedures; coordinated
13treatment procedures administered by a trained,
14multidisciplinary professional team; close evaluation of
15participants, including continued assessments and modification
16of the court requirements and use of sanctions, incentives,
17and therapeutic adjustments to address behavior; frequent
18judicial interaction with participants; less formal court
19process and procedures; voluntary participation; and a low
20treatment staff-to-client ratio.
21(Source: P.A. 102-1041, eff. 6-2-22.)
 
22    Section 999. Effective date. This Act takes effect upon
23becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 350/1from Ch. 127, par. 1301
4    5 ILCS 350/2from 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 335/11from Ch. 124, par. 31
15    20 ILCS 5/5-15was 20 ILCS 5/3
16    20 ILCS 5/5-20was 20 ILCS 5/4
17    20 ILCS 5/5-190was 20 ILCS 5/5.01a
18    20 ILCS 5/5-420was 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.7from Ch. 127, par. 63b108b.7
23    20 ILCS 505/5.46
24    20 ILCS 805/805-305was 20 ILCS 805/63a23
25    20 ILCS 1305/1-80

 

 

HB2547 Enrolled- 381 -LRB104 09526 KTG 19589 b

1    20 ILCS 1605/21.6
2    20 ILCS 2310/2310-376
3    20 ILCS 2805/Act title
4    20 ILCS 2805/0.01from Ch. 126 1/2, par. 65.9
5    20 ILCS 2805/1from Ch. 126 1/2, par. 66
6    20 ILCS 2805/1.5
7    20 ILCS 2805/2from Ch. 126 1/2, par. 67
8    20 ILCS 2805/2.01from Ch. 126 1/2, par. 67.01
9    20 ILCS 2805/2.01c
10    20 ILCS 2805/2.04from Ch. 126 1/2, par. 67.04
11    20 ILCS 2805/2.10
12    20 ILCS 2805/5from 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 105/25from 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 5/14-104from Ch. 108 1/2, par. 14-104
26    45 ILCS 175/5

 

 

HB2547 Enrolled- 382 -LRB104 09526 KTG 19589 b

1    55 ILCS 5/3-5015from 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 5/30-14.2from Ch. 122, par. 30-14.2
6    110 ILCS 49/15
7    110 ILCS 70/36gfrom Ch. 24 1/2, par. 38b6
8    110 ILCS 305/8from Ch. 144, par. 29
9    110 ILCS 520/8efrom 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 45/1-113from Ch. 111 1/2, par. 4151-113
20    210 ILCS 45/2-201from 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

 

 

HB2547 Enrolled- 383 -LRB104 09526 KTG 19589 b

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 5/6-15from Ch. 43, par. 130
9    305 ILCS 5/5-5.27
10    305 ILCS 5/11-5.2
11    310 ILCS 65/14from 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 30/3from Ch. 126 1/2, par. 57.53
17    330 ILCS 30/5from Ch. 126 1/2, par. 57.55
18    330 ILCS 30/6from 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 35/2from Ch. 126 1/2, par. 57.62
23    330 ILCS 35/4from Ch. 126 1/2, par. 57.64
24    330 ILCS 35/5from Ch. 126 1/2, par. 57.65
25    330 ILCS 40/1from Ch. 126 1/2, par. 57.71
26    330 ILCS 45/1from Ch. 23, par. 3081

 

 

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1    330 ILCS 46/15
2    330 ILCS 65/2.1from Ch. 126 1/2, par. 59.1
3    330 ILCS 65/3from Ch. 126 1/2, par. 60
4    330 ILCS 70/2from Ch. 116, par. 30
5    330 ILCS 100/2from Ch. 126 1/2, par. 57.82
6    330 ILCS 100/3from Ch. 126 1/2, par. 57.83
7    330 ILCS 100/4
8    330 ILCS 105/1from Ch. 126 1/2, par. 26
9    330 ILCS 105/2from Ch. 126 1/2, par. 27
10    330 ILCS 110/1from Ch. 21, par. 59a
11    330 ILCS 110/2from Ch. 21, par. 59b
12    330 ILCS 110/3from Ch. 21, par. 59c
13    330 ILCS 110/3.1from 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 535/18from Ch. 111 1/2, par. 73-18
22    515 ILCS 5/15-5from Ch. 56, par. 15-5
23    515 ILCS 5/20-5from Ch. 56, par. 20-5
24    520 ILCS 5/3.1-2from Ch. 61, par. 3.1-2
25    525 ILCS 5/5from Ch. 96 1/2, par. 9505
26    625 ILCS 5/2-123from Ch. 95 1/2, par. 2-123

 

 

HB2547 Enrolled- 385 -LRB104 09526 KTG 19589 b

1    625 ILCS 5/3-609from Ch. 95 1/2, par. 3-609
2    625 ILCS 5/3-699.14
3    625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
4    625 ILCS 5/11-1301.2from 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 5/3-12-6from Ch. 38, par. 1003-12-6
9    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
10    730 ILCS 166/30
11    730 ILCS 167/10