103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3646

 

Introduced 2/9/2024, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
New Act
820 ILCS 205/Act rep.
105 ILCS 5/26-1  from Ch. 122, par. 26-1
225 ILCS 10/2.17  from Ch. 23, par. 2212.17
225 ILCS 515/10  from Ch. 111, par. 910
225 ILCS 515/12.6
820 ILCS 175/67
820 ILCS 305/7  from Ch. 48, par. 138.7
820 ILCS 305/8  from Ch. 48, par. 138.8

    Creates the Child Labor Law of 2024. Reinserts provisions of the Child Labor Law. Sets forth additional provisions concerning definitions; exemptions; employer requirements; restrictions on employment of minors; employment certificates; civil penalties; and criminal penalties. Repeals the Child Labor Law. Amends various Acts to make conforming changes. Effective January 1, 2025, except provisions concerning minors featured in vlogs and trust funds are effective July 1, 2024.


LRB103 39475 SPS 69670 b

 

 

A BILL FOR

 

SB3646LRB103 39475 SPS 69670 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Child
5Labor Law of 2024.
 
6    Section 5. Findings. The General Assembly finds that
7minors engaged in work are deserving of enhanced workplace
8protections. It is the intent of the General Assembly, in
9enacting this Child Labor Law of 2024, to safeguard all
10working minors' health, safety, welfare, and access to
11education and the provisions of this Act shall be interpreted
12to provide the greatest protection of a minor's well-being.
 
13    Section 10. Definitions. As used in this Act:
14    "Construction" means any constructing, altering,
15reconstructing, repairing, rehabilitating, refinishing,
16refurbishing, remodeling, remediating, renovating, custom
17fabricating, maintenance, landscaping, improving, wrecking,
18painting, decorating, demolishing, and adding to or
19subtracting from any building, structure, highway, roadway,
20street, bridge, alley, sewer, ditch, sewage disposal plant,
21water works, parking facility, railroad, excavation or other
22structure, project, development, real property or improvement,

 

 

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1or to do any part thereof, whether or not the performance of
2the work herein described involves the addition to, or
3fabrication into, any structure, project, development, real
4property or improvement herein described of any material or
5article of merchandise. "Construction" also includes moving
6construction-related materials on the job site to or from the
7job site.
8    "Department" means the Department of Labor.
9    "Director" means the Director of Labor.
10    "District superintendent of schools" means an individual
11employed by a board of education in accordance with Section
1210-21.4 of the School Code and a school district's chief
13executive officer as described in subsection (b) of Section
1434-3.3 of the School Code.
15    "Duly authorized agent" means an individual who has been
16designated by a regional or district superintendent of schools
17as his or her agent for the limited purpose of issuing
18employment certificates to minors under the age of 16 and may
19include officials of any public school district, charter
20school, or any State-recognized, non-public school.
21    "Employ" means to allow, suffer, or permit to work.
22    "Employer" means a person who employs a minor to work.
23    "Family" means a group of persons related by blood or
24marriage, including civil partnerships, or whose close
25relationship with each other is considered equivalent to a
26family relationship by the individuals.

 

 

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1    "Minor" means any person under the age of 16.
2    "Online platform" means any public-facing website, web
3application, or digital application, including a mobile
4application. "Online platform" includes a social network,
5advertising network, mobile operating system, search engine,
6email service, or Internet access service.
7    "Person" means any natural person, individual,
8corporation, business enterprise, or other legal entity,
9either public or private, and any legal successor,
10representative, agent, or agency of that individual,
11corporation, business enterprise, or legal entity.
12    "Regional superintendent of schools" means the chief
13administrative officer of an educational service region as
14described in Section 3A-2 of the School Code.
15    "School hours" means, for a minor of compulsory school age
16who is enrolled in a public or non-public school that is
17registered with or recognized by the State Board of Education,
18the hours the minor's school is in session. "School hours"
19means, for a minor of compulsory school age who is not enrolled
20in a public or non-public school that is registered with or
21recognized by the State Board of Education, the hours that the
22minor's local public school in the district where the minor
23resides is in session.
24    "School issuing officer" means a regional or district
25superintendent of schools, or his or her duly authorized
26agent.

 

 

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1    "Vlog" means content shared on an online platform in
2exchange for compensation.
3    "Vlogger" means an individual or family that creates video
4content, performed in Illinois, in exchange for compensation,
5and includes any proprietorship, partnership, company, or
6other corporate entity assuming the name or identity of a
7particular individual or family for the purposes of that
8content creation. "Vlogger" does not include any person under
9the age of 16 who produces his or her own vlogs.
 
10    Section 15. Employment of minors.
11    (a) A person shall not employ, allow, or permit a minor to
12work in Illinois unless that work meets the requirements of
13this Act and any rules adopted under this Act.
14    (b) A person may employ, allow, or permit a minor 14 or 15
15years of age to work outside of school hours, except at work
16sites prohibited under Section 55, after being issued a
17certificate authorizing that employment.
18    (c) A person shall not employ, allow, or permit a minor 13
19years of age or younger to work in any occupation or at any
20work site not explicitly authorized by or exempted from this
21Act.
 
22    Section 20. Exemptions.
23    (a) Nothing in this Act applies to the work of a minor
24engaged in agricultural pursuits, except that no minor under

 

 

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112 years of age, except members of the farmer's own family who
2live with the farmer at his principal place of residence, at
3any time shall be employed, allowed, or permitted to work in
4any gainful occupation in connection with agriculture, except
5that any minor of 10 years of age or more shall be permitted to
6work in a gainful occupation in connection with agriculture
7during school vacations or outside of school hours.
8    (b) Nothing in this Act applies to the work of a minor
9engaged in the sale and distribution of magazines and
10newspapers outside of school hours.
11    (c) Nothing in this Act applies a minor's performance of
12household chores or babysitting outside of school hours if
13that work is performed in or about a private residence and not
14in connection with an established business, trade, or
15profession of the person employing, allowing, or permitting
16the minor to perform the activities.
17    (d) Nothing in this Act applies to the work of a minor 13
18years of age or more in caddying at a golf course.
19    (e) Nothing in this Act applies to a minor 14 or 15 years
20of age who is, under the direction of the minor's school,
21participating in work-based learning programs in accordance
22with the School Code.
23    (f) Nothing in this Act prohibits an employer from
24employing, allowing, or permitting a minor 12 or 13 years of
25age to work as an officiant of youth sports activities for a
26not-for-profit youth club, park district, or municipal parks

 

 

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1and recreation department if the employer obtains
2certification as provided for in Section 55 and:
3        (1) the parent or guardian of the minor who is
4    officiating, or an adult designated by the parent or
5    guardian, shall be present at the youth sports activity
6    while the minor is officiating;
7        (2) the minor may work as a sports official for a
8    maximum of 3 hours per day on school days and a maximum of
9    4 hours per day on non-school days;
10        (3) the minor shall not exceed 10 hours of officiating
11    in any week;
12        (4) the minor shall not work later than 9:00 p.m. on
13    any day of the week; and
14        (5) the participants in the youth sports activity are
15    at least 3 years younger than the officiating minor unless
16    an individual 16 years of age or older is officiating the
17    same youth sports activity with the minor.
18    The failure to satisfy the requirements of this subsection
19shall result in the revocation of the minor's employment
20certificate.
 
21    Section 25. Allowable work hours. Except as allowed under
22Section 30, no employer shall employ, allow, or permit a minor
23to work:
24    (1) more than 48 hours in any single 7-day period;
25    (2) more than 8 hours in any single 24-hour period;

 

 

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1    (3) between 7 p.m. and 7 a.m. from Labor Day until June 1
2or between 9 p.m. and 7 a.m. from June 1 until Labor Day; or
3    (4) more than 3 hours per day or more than 8 hours total of
4work and school hours on days when school is in session.
 
5    Section 30. Exceptions to allowable work hours.
6    (a) An employer may employ, allow, or permit a minor under
7the age of 16 to work a maximum of 8 hours on each Saturday and
8on Sunday during the school year if:
9        (1) the minor does not work outside of school hours
10    more than 6 consecutive days in any one week; and
11        (2) the number of hours worked by the minor outside of
12    school hours in any week does not exceed 24.
13    (b) A minor working as a live theatrical performer as
14described in Section 45 shall be permitted to work until 11
15p.m. on nights when performances are held.
16    (c) A minor under 16 years of age working as a performer as
17described in Section 50 shall be permitted to work until 10
18p.m.
 
19    Section 35. Employer requirements.
20    (a) It shall be unlawful for any person to employ, allow,
21or permit any minor to work unless the minor obtains an
22employment certificate authorizing the minor to work for that
23person. Any person seeking to employ, allow, or permit any
24minor to work shall provide that minor with a notice of

 

 

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1intention to employ to be submitted by the minor to the minor's
2school issuing officer with the minor's application for an
3employment certificate.
4    (b) Every employer of one or more minors shall maintain,
5on the premises where the work is being done, records that
6include the name, date of birth, and place of residence of
7every minor who works for that employer, notice of intention
8to employ the minor, and the minor's employment certificate.
9Authorized officers and employees of the Department, truant
10officers, and other school officials charged with the
11enforcement of school attendance requirements described in
12Section 26-1 of the School Code may inspect the records
13without notice at any time.
14    (c) Every employer of minors shall ensure that all minors
15are supervised by an adult 21 years of age or older, on site,
16at all times while the minor is working.
17    (d) No person shall employ, allow, or permit any minor to
18work for more than 5 hours continuously without an interval of
19at least 30 minutes for a meal period. No period of less than
2030 minutes shall be deemed to interrupt a continuous period of
21work.
22    (e) Every employer who employs one or more minors shall
23post in a conspicuous place where minors are employed,
24allowed, or permitted to work, a notice summarizing the
25requirements of this Act, including a list of the occupations
26prohibited to minors and the Department's toll free telephone

 

 

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1number described in Section 85. An employer with employees who
2do not regularly report to a physical workplace, such as
3employees who work remotely or travel for work, shall also
4provide the summary and notice by email to its employees or
5conspicuous posting on the employer's website or intranet
6site, if the site is regularly used by the employer to
7communicate work-related information to employees and is able
8to be regularly accessed by all employees, freely and without
9interference. The notice shall be furnished by the Department.
10    (f) Every employer, during the period of employment of a
11minor and for 3 years thereafter, shall keep on file, at the
12place of employment, a copy of the employment certificate
13issued for the minor. An employment certificate shall be valid
14only for the employer for whom issued and a new certificate
15shall not be issued for the employment of a minor except on the
16presentation of a new statement of intention to employ the
17minor. The failure of any employer to produce for inspection
18the employment certificate for each minor in the employer's
19establishment shall be a violation of this Act. The Department
20may specify any other record keeping requirements by rule.
21    (g) In the event of the work-related death of a minor
22engaged in work subject to this Act, the employer shall,
23within 24 hours, report the death to the Department and to the
24school official who issued the minor's work certificate for
25that employer. In the event of a work-related injury or
26illness of a minor that requires the employer to file a report

 

 

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1with the Illinois Workers' Compensation Commission under
2Section 6 of the Workers' Compensation Act or Section 6 of the
3Workers' Occupational Diseases Act, the employer shall submit
4a copy of the report to the Department and to the school
5official who issued the minor's work certificate for that
6employer within 72 hours of the deadline by which the employer
7must file the report to the Illinois Workers' Compensation
8Commission. The report shall be subject to the confidentiality
9provisions of Section 6 of the Workers' Compensation Act or
10Section 6 of the Workers' Occupational Diseases Act.
 
11    Section 40. Restrictions on employment of minors.
12    (a) No person shall employ, allow, or permit a minor to
13work:
14        (1) in any mechanic's garage, including garage pits,
15    repairing cars, trucks, or other vehicles or using garage
16    lifting racks
17        (2) in the oiling, cleaning or wiping of machinery or
18    shafting;
19        (3) in or about any mine or quarry;
20        (4) in stone cutting or polishing;
21        (5) in any factory work;
22        (6) in or about any plant manufacturing explosives or
23    articles containing explosive components, or in the use or
24    transportation of same;
25        (7) in or about plants manufacturing iron or steel,

 

 

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1    ore reduction works, smelters, foundries, forging shops,
2    hot rolling mills or any other place in which the heating,
3    melting, or heat treatment of metals is carried on;
4        (8) in the operation of machinery used in the cold
5    rolling of heavy metal stock, or in the operation of
6    power-driven punching, shearing, stamping, or metal plate
7    bending machines;
8        (9) in or about logging, sawmills or lath, shingle, or
9    cooperage-stock mills;
10        (10) in the operation of power-driven woodworking
11    machines, or off-bearing from circular saws;
12        (11) in the operation and repair of freight elevators
13    or hoisting machines and cranes;
14        (12) in spray painting;
15        (13) in occupations involving exposure to lead or its
16    compounds;
17        (14) in occupations involving exposure to acids, dyes,
18    chemicals, dust, gases, vapors, or fumes that are known or
19    suspected to be dangerous to humans;
20        (15) in any occupation subject to the Amusement Ride
21    and Attraction Safety Act;
22        (16) in oil refineries, gasoline blending plants, or
23    pumping stations on oil transmission lines;
24        (17) in the operation of laundry, dry cleaning, or
25    dyeing machinery;
26        (18) in occupations involving exposure to radioactive

 

 

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1    substances;
2        (19) in or about any filling station or service
3    station, except that this prohibition does not extend to
4    attached convenience stores;
5        (20) in construction work, including demolition and
6    repair;
7        (21) in any energy generation or transmission service;
8        (22) in public and private utilities and related
9    services;
10        (23) in operations in or in connection with
11    slaughtering, meat packing, poultry processing, and fish
12    and seafood processing;
13        (24) in operations which involve working on an
14    elevated surface, with or without use of equipment,
15    including, but not limited to, ladders and scaffolds;
16        (25) in security positions or any occupations that
17    require the use or carrying of a firearm or other weapon;
18        (26) in occupations which involve the handling or
19    storage of human blood, human blood products, human body
20    fluids, or human body tissues;
21        (27) in any mill, cannery, factory, workshop, coal
22    brick or lumber yard;
23        (28) any occupation which is prohibited for minors
24    under federal law; or
25        (29) in any other occupation or working condition
26    determined by the Director to be hazardous.

 

 

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1    (b) No person shall employ, allow, or permit a minor to
2work at:
3        (1) any cannabis business establishment subject to the
4    Cannabis Regulation and Tax Act or Compassionate Use of
5    Medical Cannabis Program Act;
6        (2) any establishment subject to the Live Adult
7    Entertainment Facility Surcharge Act;
8        (3) any firearm range or gun range used for
9    discharging a firearm in a sporting event, for practice or
10    instruction in the use of a firearm, or the testing of a
11    firearm;
12        (4) any establishment in which items containing
13    alcohol for consumption are manufactured, distilled,
14    brewed, or bottled;
15        (5) any establishment where the primary activity is
16    the sale of alcohol or tobacco;
17        (6) an establishment operated by any holder of an
18    owners license subject to the Illinois Gambling Act; or
19        (7) any other establishment which State or federal law
20    prohibits minors from entering or patronizing.
21    (c) An employer shall not allow minors to draw, mix, pour,
22or serve any item containing alcohol or otherwise handle any
23open containers of alcohol. An employer shall make reasonable
24efforts to ensure that minors are unable to access alcohol.
25    (d) An employer may allow minors aged 14 and 15 to work in
26retail stores, except that an employer shall not allow minors

 

 

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1to handle or be able to access any goods or products which are
2illegal for minors to purchase or possess.
3    (e) No person shall employ, allow, or permit an unlicensed
4minor to perform work in the practice of barber, cosmetology,
5esthetics, hair braiding, and nail technology services
6requiring a license under the Barber, Cosmetology, Esthetics,
7Hair Braiding, and Nail Technology Act of 1985, except for
8students enrolled in a school and performing barber,
9cosmetology, esthetics, hair braiding, and nail technology
10services in accordance with that Act and rules adopted under
11that Act.
12    (f) A person may employ, allow, or permit a minor to
13perform office or administrative support work that does not
14expose the minor to the work prohibited in this Section.
 
15    Section 45. Minors employed in live theatrical
16performances. In addition to the other requirements of this
17Act, an employer of a minor working in live theatrical
18performances, including plays, musicals, recitals, or
19concerts, is subject to the following requirements:
20        (1) An employer shall not allow a minor to work in more
21    than 2 performances in any 24-hour period.
22        (2) An employer shall not allow a minor to work in more
23    than 8 performances in any 7-day period or 9 performances
24    if a State holiday occurs during that 7-day period.
25        (3) A minors shall be accompanied by a parent,

 

 

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1    guardian, or chaperone at all times while at the work
2    site.
3        (4) A minor shall not work, including performing,
4    rehearsing, or otherwise being present at the work site,
5    in connection with the performance, for more than 8 hours
6    in any 24-hour period, more than 6 days in any 7-day
7    period, more than 24 hours in any 7-day period, or after 11
8    p.m. on any night.
9        (5) A minor shall not be excused from attending school
10    except as authorized by Section 26-1 of the School Code.
 
11    Section 50. Minors employed in live or pre-recorded,
12distributed, broadcast performances and modeling.
13    (a) Notwithstanding the provisions of this Act, minors
14under 16 years of age may be employed as models or performers
15on live or pre-recorded radio or television, in motion
16pictures, or in other entertainment-related performances,
17subject to conditions that may be imposed by rule by the
18Department.
19    (b) Notwithstanding the provisions of this Act, an
20employer who employs a minor under 16 years of age in a
21television, motion picture, or related entertainment
22production may allow the minor to work until 10 p.m. without
23seeking a waiver from the Department. An employer may apply to
24the Director, or the Director's authorized representative, for
25a waiver permitting a minor to work outside of the hours

 

 

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1allowed by this Act.
2        (1) A waiver request for a minor to work between 10
3    p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be
4    granted if the Director, or the Director's authorized
5    representative, is satisfied that all of the following
6    conditions are met:
7            (A) the employment shall not be detrimental to the
8        health or welfare of the minor;
9            (B) the minor shall be supervised adequately;
10            (C) the education of the minor shall not be
11        neglected; and
12            (D) the total number of hours to be worked that day
13        and week is not over the limits established in this Act
14        or any rules adopted under this Act.
15        (2) A waiver request for a minor to work between 12:30
16    a.m. and 5 a.m. shall be granted if the Director, or the
17    Director's authorized representative, is satisfied that
18    all of the following conditions are met:
19            (A) the employment shall not be detrimental to the
20        health or welfare of the minor;
21            (B) the minor shall be supervised adequately;
22            (C) the education of the minor shall not be
23        jeopardized;
24            (D) performance by the minor during that time is
25        critical to the success of the production, as
26        demonstrated by true and accurate statements by the

 

 

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1        employer that filming cannot be completed at any other
2        time of day;
3            (E) the filming primarily requires exterior
4        footage of sunset, nighttime, or dawn;
5            (F) the filming is scheduled on the most optimal
6        day of the week for the minor's schooling;
7            (G) the employer provides a schedule to the
8        Department of schooling and rest periods on the day
9        before, the day of, and the day after the overnight
10        hours to be worked;
11            (H) the age of the minor is taken into account as
12        provided by this Act or any rules adopted under this
13        Act;
14            (I) the total number of hours to be worked that day
15        and week is not over the limits established in this Act
16        or any rules adopted under this Act; and
17            (J) the waiver request was received by the
18        Department at least 72 hours prior to the overnight
19        hours to be worked.
20    (c) An employer applying for the waiver shall submit to
21the Director, or the Director's authorized representative, a
22completed application on the form that the Director provides.
23The waiver shall contain signatures that show the consent of a
24parent or legal guardian of the minor, the employer, and an
25authorized representative of a collective bargaining unit if a
26collective bargaining unit represents the minor upon

 

 

SB3646- 18 -LRB103 39475 SPS 69670 b

1employment.
 
2    Section 55. Employment certificates.
3    (a) Any employer who employs, allows, or permits a minor
4to work shall ensure that the minor holds a valid employment
5certificate issued by a school issuing officer.
6    (b) An application for an employment certificate must be
7submitted by the minor and the minor's parent or legal
8guardian to the minor's school issuing officer as follows.
9        (1) The application shall be signed by the applicant's
10    parent or legal guardian.
11        (2) The application shall be submitted in person by
12    the minor desiring employment, unless the school issuing
13    officer determines that the minor may utilize a remote
14    application process.
15        (3) The minor shall be accompanied by his or her
16    parent, guardian, or custodian, whether applying in person
17    or remotely.
18        (4) The following papers shall be submitted with the
19    application:
20            (A) A statement of intention to employ signed by
21        the prospective employer, or by someone duly
22        authorized by them, setting forth the specific nature
23        of the occupation in which he intends to employ the
24        minor and the exact hours of the day and number of
25        hours per day and days per week during which the minor

 

 

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1        shall be employed.
2            (B) Evidence of age showing that the minor is of
3        the age required by this Act, which evidence shall be
4        documentary, and shall be required in the order
5        designated, as follows:
6                (i) a birth certificate; or
7                (ii) if a birth certificate is unavailable,
8            the parent or legal guardian may present other
9            reliable proof of the child's identity and age
10            that is supported by a sworn statement explaining
11            why the birth certificate is not available. Other
12            reliable proof of the child's identity and age
13            includes a passport, visa, or other governmental
14            documentation of the child's identity. If the
15            student was not born in the United States, the
16            school issuing officer must accept birth
17            certificates or other reliable proof from a
18            foreign government.
19            (C) A statement on a form approved by the
20        Department and signed by the school issuing officer,
21        showing the minor's name, address, grade last
22        completed, and the names of the minor's parents or
23        legal guardian. If the minor does not have a permanent
24        home address or is otherwise eligible for services
25        under the federal McKinney-Vento Homeless Assistance
26        Act, the lack of a birth certificate or permanent home

 

 

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1        address alone shall not be a barrier to receiving an
2        employment certificate.
3            (D) A statement of physical fitness signed by a
4        health care professional who has examined the minor,
5        certifying that the minor is physically fit to be
6        employed in all legal occupations or to be employed in
7        legal occupations under limitations specified, or, at
8        the discretion of the school issuing officer, the
9        minor's most recent school physical. If the statement
10        of physical fitness is limited, the employment
11        certificate issued thereon shall state clearly the
12        limitations upon its use, and shall be valid only when
13        used under the limitations so stated. In any case
14        where the health care professional deems it advisable
15        that he or she may issue a certificate of physical
16        fitness for a specified period of time, at the
17        expiration of which the person for whom it was issued
18        shall appear and be re-examined before being permitted
19        to continue work. Examinations shall be made in
20        accordance with the standards and procedures
21        prescribed by the Director, in consultation with the
22        Director of the Department of Public Health and the
23        State Superintendent of Education, and shall be
24        recorded on a form furnished by the Department. When
25        made by public health or public school physicians, the
26        examination shall be made without charge to the minor.

 

 

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1        If a public health or public school health care
2        professional is not available, a statement from a
3        private health care professional who has examined the
4        minor may be accepted, provided that the examination
5        is made in accordance with the standards and
6        procedures established by the Department. For purposes
7        of this paragraph, "health care professional" means a
8        physician licensed to practice medicine in all its
9        branches, a licensed advanced practice registered
10        nurse, or a licensed physician assistant.
11        (5) The school issuing officer shall have authority to
12    verify the representations provided in the employment
13    certificate application as required by Section 55. A
14    school issuing officer shall not charge a fee for the
15    consideration of an employment certificate application.
16        (6) It shall be the duty of the school board or local
17    school authority to designate a place or places where
18    certificates shall be issued and recorded, and physical
19    examinations made without fee, and to establish and
20    maintain the necessary records and clerical services for
21    carrying out the provisions of this Act.
22    (b) Upon receipt of an application for an employment
23certificate, a school issuing officer shall issue an
24employment certificate only after examining and approving the
25written application and other papers required under this
26Section, and determining that the employment shall not be

 

 

SB3646- 22 -LRB103 39475 SPS 69670 b

1detrimental to the minor's health, welfare, and education. The
2school issuing officer shall consider any report of death,
3injury, or illness of a minor at that workplace, received
4under the requirements of Section 35, in the prior 2 years in
5determining whether the employment shall be detrimental to the
6minor's health, welfare, and education. Upon issuing an
7employment certificate to a minor, the school issuing officer
8shall notify the principal of the school attended by the
9minor. The employment certificate shall be valid for a period
10of one year from the date of issuance, unless suspended or
11revoked.
12    (c) If the school issuing officer refuses to issue a
13certificate to a minor, the school issuing officer shall send
14to the principal of the school last attended by the minor a
15notice of the refusal, including the name and address of the
16minor and of the minor's parents or legal guardians, and the
17reason for the refusal to issue the certificate.
18    (d) If a minor from another state seeks to obtain an
19Illinois employment certificate, the Department shall work
20with the State Superintendent of Education, or his or her duly
21authorized agents, to issue the certificate if the State
22Superintendent of Education deems that all requirements for
23issuance have been met.
24    (e) Upon request, the school issuing officer shall issue a
25certificate of age to any person between 16 and 20 years of age
26upon presentation of the same proof of age as is required for

 

 

SB3646- 23 -LRB103 39475 SPS 69670 b

1the issuance of employment certificates under this Act.
2    (f) Any certificate duly issued in accordance with this
3Act shall be prima facie evidence of the age of the minor for
4whom issued in any proceeding involving the employment of the
5minor under this Act, as to any act occurring subsequent to its
6issuance, or until revoked.
7    (g) The Department may suspend any certificate as an
8emergency action imperatively required for the health, safety,
9welfare, or education of the minor if:
10        (1) the parent or legal guardian of a minor, or the
11    principal of the school attended by the minor for whom an
12    employment certificate has been issued has asked for the
13    revocation of the certificate by petition to the
14    Department in writing, stating the reasons he or she
15    believes that the employment is interfering with the
16    health, safety, welfare, or education of the minor; or
17        (2) in the judgment of the Director, the employment
18    certificate was improperly issued or if the minor is
19    illegally employed.
20    If the certificate is suspended, the Department shall
21notify the employer of the minor, the parent or guardian of the
22minor, the minor's school principal, and the school issuing
23officer of the suspension in writing and shall schedule an
24administrative hearing to take place within 21 days after the
25date of any suspension. The minor shall not thereafter be
26employed, allowed, or permitted to work unless and until his

 

 

SB3646- 24 -LRB103 39475 SPS 69670 b

1or her employment certificate has been reinstated. After the
2hearing, an administrative law judge shall issue a final order
3either reinstating or revoking the employment certificate. If
4the certificate is revoked, the employer shall not thereafter
5employ, permit, or allow the minor to work until the minor has
6obtained a new employment certificate authorizing the minor's
7employment by that employer.
 
8    Section 60. Department powers.
9    (a) The Department shall make, adopt, and enforce
10reasonable rules relating to the administration and
11enforcement of the provisions of this Act, including the
12issuance of employment certificates authorized under this Act,
13as may be deemed expedient. The rules shall be designed to
14protect the health, safety, welfare, and education of minors
15and to ensure that the conditions under which minors are
16employed, allowed, or permitted to work shall not impair their
17health, welfare, development, or education.
18    (b) In order to promote uniformity and efficiency of
19issuance, the Department shall, in consultation with the State
20Superintendent of Education, formulate the forms on which
21certificates shall be issued and also forms needed in
22connection with the issuance, and it shall supply the forms to
23the school issuing officers.
 
24    Section 65. Investigation.

 

 

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1    (a) It shall be the duty of the Department to enforce the
2provisions of this Act. The Department shall have the power to
3conduct investigations in connection with the administration
4and enforcement of this Act and the authorized officers and
5employees of the Department are hereby authorized and
6empowered, to visit and inspect, at all reasonable times and
7as often as possible, all places covered by this Act.
8    (b) The Director of Labor, or the Director's authorized
9representative, may compel by subpoena, the attendance and
10testimony of witnesses and the production of books, payrolls,
11records, papers, and other evidence in any investigation or
12hearing and may administer oaths to witnesses.
 
13    Section 70. Enforcement.
14    (a) The Department shall conduct hearings in accordance
15with the Illinois Administrative Procedure Act if, upon
16investigation, the Department finds cause to believe the Act,
17or any rules adopted thereunder, has been violated; or to
18consider whether to reinstate or revoke a minor's employment
19certificate in accordance with Section 55.
20    (b) After the hearing, if supported by the evidence, the
21Department may issue and cause to be served on any party an
22order to cease and desist from violation of the Act, take
23further affirmative or other action as deemed reasonable to
24eliminate the effect of the violation, and may revoke any
25certificate issued under the Act and determine the amount of

 

 

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1any civil penalty allowed by the Act. The Department may serve
2orders by certified mail or by sending a copy by email to an
3email address previously designated by the party for purposes
4of receiving notice under this Act. An email address provided
5by the party in the course of the administrative proceeding
6shall not be used in any subsequent proceedings, unless the
7party designates that email address for the subsequent
8proceeding.
9    (c) Any party to a proceeding under the Act may apply for
10and obtain judicial review of an order of the Department
11entered under this Act in accordance with the provisions of
12the Administrative Review Law, and the Department in
13proceedings under this Section may obtain an order of court
14for the enforcement of its order.
15    (d) Whenever it appears that any employer has violated a
16valid order of the Department issued under this Act, the
17Director may commence an action and obtain from the court an
18order upon the employer commanding them to obey the order of
19the Department or be adjudged guilty of contempt of court and
20punished accordingly.
 
21    Section 75. Civil penalties.
22    (a) Any person employing, allowing, or permitting a minor
23to work who violates any of the provisions of this Act or any
24rule adopted under the Act shall be subject to a civil penalty
25of not to exceed $20,000 for each violation, except that in the

 

 

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1event of the death of a minor or an illness or injury required
2to be reported to the Department under Section 35, subsequent
3to a violation, the employer is subject to a penalty not to
4exceed $60,000.
5        (1) In determining the amount of the penalty, the
6    appropriateness of the penalty to the size of the business
7    of the employer charged and the gravity of the violation
8    shall be considered.
9        (2) Each day during which any violation of this Act
10    continues shall constitute a separate and distinct
11    offense, and the employment of any minor in violation of
12    the Act shall, with respect to each minor so employed,
13    constitute a separate and distinct offense.
14    (b) Any administrative determination by the Department of
15the amount of each penalty shall be final unless reviewed as
16provided in Section 70.
17    (c) The amount of the penalty, when finally determined,
18may be recovered in a civil action brought by the Director in
19any circuit court, in which litigation the Director shall be
20represented by the Attorney General.
21    (d) Penalties recovered under this Section shall be paid
22by certified check, money order, or by an electronic payment
23system designated by the Department, and deposited into the
24Child Labor and Day and Temporary Labor Services Enforcement
25Fund, a special fund in the State treasury. Moneys in the Fund
26shall be used, subject to appropriation, for exemplary

 

 

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1programs, demonstration projects, and other activities or
2purposes related to the enforcement of this Act or for the
3activities or purposes related to the enforcement of the Day
4and Temporary Labor Services Act, or for the activities or
5purposes related to the enforcement of the Private Employment
6Agency Act.
 
7    Section 80. Criminal penalties. Any person who engages in
8any of the following activities shall be guilty of a Class A
9misdemeanor and shall be subject to a civil penalty of no less
10than $500 and no more than $2,500:
11        (1) employs, allows, or permits any minor to work in
12    violation of this Act, or of any rule, order, or ruling
13    issued under the provisions of this Act;
14        (2) obstructs the Department, its inspectors or
15    deputies, or any other person authorized to inspect places
16    of employment under this Act;
17        (3) willfully fails to comply with the provisions of
18    this Act; or
19        (4) having under his, her or its control or custody
20    any minor, willfully employs, allows, or permits a minor
21    to work in violation of this Act.
22    (e) Whenever in the opinion of the Department a violation
23of this Act has occurred, it shall report the violation to the
24Attorney General who shall prosecute all violations reported.
25    (f) The amount of the penalty, when finally determined,

 

 

SB3646- 29 -LRB103 39475 SPS 69670 b

1shall be ordered by the court, in an action brought for a
2criminal violation, to be paid to the Department.
3    (g) Penalties recovered under this Section shall be paid
4into the Child Labor and Day and Temporary Labor Services
5Enforcement Fund.
 
6    Section 85. Department reporting and outreach.
7    (a) The Department shall maintain a toll-free telephone
8number to facilitate information requests concerning the
9issuance of certificates under this Act and the reporting of
10violations of this Act.
11    (b) The Department shall conduct ongoing outreach and
12education efforts concerning this Act targeted toward school
13districts, employers, and other appropriate community
14organizations. The Department shall, to the extent possible,
15coordinate these outreach and education activities with other
16appropriate local, State, and federal agencies.
17    (c) The Department shall file with the General Assembly,
18no later than January 1 each year, a report of its activities
19regarding administration and enforcement of this Act for the
20preceding fiscal year.
 
21    Section 90. Child performers; trust fund.
22    (a) As used in this Section:
23    "Artistic or creative services" includes, but is not
24limited to, services as: an actor, actress, dancer, musician,

 

 

SB3646- 30 -LRB103 39475 SPS 69670 b

1comedian, singer, stunt person, voice-over artist, runway or
2print model, other performer or entertainer, songwriter,
3musical producer, arranger, writer, director, producer,
4production executive, choreographer, composer, conductor, or
5designer.
6    "Child performer" means an unemancipated person under the
7age of 16 who is employed in this State and who agrees to
8render artistic or creative services.
9    (b) In addition to the requirements of Section 55, the
10person authorized to issue employment certificates must
11determine that a trust account, established by the child
12performer's parent or guardian, that meets the requirements of
13subsection (c) has been established designating the minor as
14the beneficiary of the trust account before an employment
15certificate for work as a child performer may be issued for a
16minor under the age of 16 years. The person authorized to issue
17employment certificates shall issue a temporary employment
18certificate having a duration of not more than 15 days without
19the establishment of a trust fund to permit a minor to provide
20artistic or creative services. No more than one temporary
21employment certificate may be issued for each child performer.
22The Department shall prescribe the form in which temporary
23employment certificates shall be issued and shall make the
24forms available on its website.
25    (c) A trust account subject to this Section must provide,
26at a minimum, the following:

 

 

SB3646- 31 -LRB103 39475 SPS 69670 b

1        (1) that at least 15% of the gross earnings of the
2    child performer shall be deposited into the account; (2)
3    that the funds in the account shall be available only to
4    the child performer;
5        (3) that the account shall be held by a bank,
6    corporate fiduciary, or trust company, as those terms are
7    defined in the Corporate Fiduciary Act;
8        (4) that the funds in the account shall become
9    available to the child performer upon the child performer
10    attaining the age of 18 years or until the child performer
11    is declared emancipated; and
12        (5) that the account meets the requirements of the
13    Illinois Uniform Transfers to Minors Act.
14    (d) The parent or guardian of the child performer shall
15provide the employer with the information necessary to
16transfer moneys into the trust account. Once the child
17performer's employer deposits the money into the trust
18account, the child performer's employer shall have no further
19obligation or duty to monitor or account for the money. The
20trustee or trustees of the trust shall be the only individual,
21individuals, entity, or entities with the obligation or duty
22to monitor and account for money once it has been deposited by
23the child performer's employer.
24    (e) If the parent or guardian of the child performer fails
25to provide the employer with the information necessary to
26transfer funds into the trust account within 30 days after an

 

 

SB3646- 32 -LRB103 39475 SPS 69670 b

1employment certificate has been issued, the funds that were to
2be transferred to the trust account shall be transferred to
3the Office of the State Treasurer in accordance with Section
415-608 of the Revised Uniform Unclaimed Property Act.
5    (f) This Section does not apply to an employer of a child
6performer employed to perform services as an extra, services
7as a background performer, or services in a similar capacity.
8    (g) The Department may adopt rules to implement this
9Section.
 
10    Section 95. Minors featured in vlogs.
11    (a) A minor under the age of 16 is considered engaged in
12the work of vlogging when the following criteria are met at any
13time during the previous 12-month period:
14        (1) at least 30% of the vlogger's compensated video
15    content produced within a 30-day period included the
16    likeness, name, or photograph of the minor. Content
17    percentage is measured by the percentage of time the
18    likeness, name, or photograph of the minor visually
19    appears or is the subject of an oral narrative in a video
20    segment, as compared to the total length of the segment;
21    and
22        (2) the number of views received per video segment on
23    any online platform met the online platform's threshold
24    for the generation of compensation or the vlogger received
25    actual compensation for video content equal to or greater

 

 

SB3646- 33 -LRB103 39475 SPS 69670 b

1    than $0.10 per view.
2    (b) With the exception of Section 100, the provisions of
3this Act do not apply to a minor engaged in the work of
4vlogging.
5    (c) All vloggers whose content features a minor under the
6age of 16 engaged in the work of vlogging shall maintain the
7following records and shall provide them to the minor on an
8ongoing basis:
9        (1) the name and documentary proof of the age of the
10    minor engaged in the work of vlogging;
11        (2) the number of vlogs that generated compensation as
12    described in subsection (a) during the reporting period;
13        (3) the total number of minutes of the vlogs that the
14    vlogger received compensation for during the reporting
15    period;
16        (4) the total number of minutes each minor was
17    featured in vlogs during the reporting period;
18        (5) the total compensation generated from vlogs
19    featuring a minor during the reporting period; and
20        (6) the amount deposited into the trust account for
21    the benefit of the minor engaged in the working of
22    vlogging, as required by Section 100.
23    (d) If a vlogger whose vlog content features minors under
24the age of 16 engaged in the work of vlogging fails to maintain
25the records as provided in subsection (c), the minor may
26commence a civil action to enforce the provisions of this

 

 

SB3646- 34 -LRB103 39475 SPS 69670 b

1Section.
 
2    Section 100. Minor engaged in the work of vlogging; trust
3fund.
4    (a) A minor satisfying the criteria described in
5subsection (a) of Section 95 must be compensated by the
6vlogger. The vlogger must set aside gross earnings on the
7video content, including the likeness, name, or photograph of
8the minor in a trust account to be preserved for the benefit of
9the minor upon reaching the age of majority, according to the
10following distribution:
11        (1) where only one minor meets the content threshold
12    described in Section 95, the percentage of total gross
13    earnings on any video segment, including the likeness,
14    name, or photograph of the minor that is equal to or
15    greater than half of the content percentage that includes
16    the minor as described in Section 95; or
17        (2) where more than one minor meets the content
18    threshold described in Section 95 and a video segment
19    includes more than one of those minors, the percentage
20    described in paragraph (1) for all minors in any segment
21    must be equally divided between the minors, regardless of
22    differences in percentage of content provided by the
23    individual minors.
24    (b) A trust account required under this Section must
25provide, at a minimum, the following:

 

 

SB3646- 35 -LRB103 39475 SPS 69670 b

1        (1) that the funds in the account shall be available
2    only to the minor engaged in the work of vlogging;
3        (2) that the account shall be held by a bank,
4    corporate fiduciary, or trust company, as those terms are
5    defined in the Corporate Fiduciary Act;
6        (3) that the funds in the account shall become
7    available to the minor engaged in the work of vlogging
8    upon the minor attaining the age of 18 years or until the
9    minor is declared emancipated; and
10        (4) that the account meets the requirements of the
11    Illinois Uniform Transfers to Minors Act.
12    (c) If a vlogger knowingly or recklessly violates this
13Section, a minor satisfying the criteria described in
14subsection (a) of Section 95 may commence an action to enforce
15the provisions of this Section regarding the trust account.
16The court may award, to a minor who prevails in any action
17brought in accordance with this Section, the following
18damages:
19        (1) actual damages;
20        (2) punitive damages; and
21        (3) the costs of the action, including attorney's fees
22    and litigation costs.
23    (d) This Section does not affect a right or remedy
24available under any other law of the State.
25    (e) Nothing in this Section shall be interpreted to have
26any effect on a party that is neither the vlogger nor the minor

 

 

SB3646- 36 -LRB103 39475 SPS 69670 b

1engaged in the work of vlogging.
 
2    Section 105. No limitations on other laws. Nothing in this
3Act shall limit another State agency's authority to enforce
4violations of any other State law.
 
5    Section 110. Severability. If any part of this Act is
6decided to be unconstitutional and void, the decision shall
7not affect the validity of the remaining parts of this Act
8unless the part held void is indispensable to the operation of
9the remaining parts.
 
10    (820 ILCS 205/Act rep.)
11    Section 900. The Child Labor Law is repealed.
 
12    Section 905. The School Code is amended by changing
13Section 26-1 as follows:
 
14    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
15    Sec. 26-1. Compulsory school age; exemptions. Whoever has
16custody or control of any child (i) between the ages of 7 and
1717 years (unless the child has already graduated from high
18school) for school years before the 2014-2015 school year or
19(ii) between the ages of 6 (on or before September 1) and 17
20years (unless the child has already graduated from high
21school) beginning with the 2014-2015 school year shall cause

 

 

SB3646- 37 -LRB103 39475 SPS 69670 b

1such child to attend some public school in the district
2wherein the child resides the entire time it is in session
3during the regular school term, except as provided in Section
410-19.1, and during a required summer school program
5established under Section 10-22.33B; provided, that the
6following children shall not be required to attend the public
7schools:
8        1. Any child attending a private or a parochial school
9    where children are taught the branches of education taught
10    to children of corresponding age and grade in the public
11    schools, and where the instruction of the child in the
12    branches of education is in the English language;
13        2. Any child who is physically or mentally unable to
14    attend school, such disability being certified to the
15    county or district truant officer by a competent physician
16    licensed in Illinois to practice medicine and surgery in
17    all its branches, a chiropractic physician licensed under
18    the Medical Practice Act of 1987, a licensed advanced
19    practice registered nurse, a licensed physician assistant,
20    or a Christian Science practitioner residing in this State
21    and listed in the Christian Science Journal; or who is
22    excused for temporary absence for cause by the principal
23    or teacher of the school which the child attends, with
24    absence for cause by illness being required to include the
25    mental or behavioral health of the child for up to 5 days
26    for which the child need not provide a medical note, in

 

 

SB3646- 38 -LRB103 39475 SPS 69670 b

1    which case the child shall be given the opportunity to
2    make up any school work missed during the mental or
3    behavioral health absence and, after the second mental
4    health day used, may be referred to the appropriate school
5    support personnel; the exemptions in this paragraph (2) do
6    not apply to any female who is pregnant or the mother of
7    one or more children, except where a female is unable to
8    attend school due to a complication arising from her
9    pregnancy and the existence of such complication is
10    certified to the county or district truant officer by a
11    competent physician;
12        3. Any child necessarily and lawfully employed
13    according to the provisions of the Child Labor Law of 2024
14    law regulating child labor may be excused from attendance
15    at school by the county superintendent of schools or the
16    superintendent of the public school which the child should
17    be attending, on certification of the facts by and the
18    recommendation of the school board of the public school
19    district in which the child resides. In districts having
20    part-time continuation schools, children so excused shall
21    attend such schools at least 8 hours each week;
22        4. Any child over 12 and under 14 years of age while in
23    attendance at confirmation classes;
24        5. Any child absent from a public school on a
25    particular day or days or at a particular time of day for
26    the reason that he is unable to attend classes or to

 

 

SB3646- 39 -LRB103 39475 SPS 69670 b

1    participate in any examination, study, or work
2    requirements on a particular day or days or at a
3    particular time of day because of religious reasons,
4    including the observance of a religious holiday or
5    participation in religious instruction, or because the
6    tenets of his religion forbid secular activity on a
7    particular day or days or at a particular time of day. A
8    school board may require the parent or guardian of a child
9    who is to be excused from attending school because of
10    religious reasons to give notice, not exceeding 5 days, of
11    the child's absence to the school principal or other
12    school personnel. Any child excused from attending school
13    under this paragraph 5 shall not be required to submit a
14    written excuse for such absence after returning to school.
15    A district superintendent shall develop and distribute to
16    schools appropriate procedures regarding a student's
17    absence for religious reasons, how schools are notified of
18    a student's impending absence for religious reasons, and
19    the requirements of Section 26-2b of this Code;
20        6. Any child 16 years of age or older who (i) submits
21    to a school district evidence of necessary and lawful
22    employment pursuant to paragraph 3 of this Section and
23    (ii) is enrolled in a graduation incentives program
24    pursuant to Section 26-16 of this Code or an alternative
25    learning opportunities program established pursuant to
26    Article 13B of this Code;

 

 

SB3646- 40 -LRB103 39475 SPS 69670 b

1        7. A child in any of grades 6 through 12 absent from a
2    public school on a particular day or days or at a
3    particular time of day for the purpose of sounding "Taps"
4    at a military honors funeral held in this State for a
5    deceased veteran. In order to be excused under this
6    paragraph 7, the student shall notify the school's
7    administration at least 2 days prior to the date of the
8    absence and shall provide the school's administration with
9    the date, time, and location of the military honors
10    funeral. The school's administration may waive this 2-day
11    notification requirement if the student did not receive at
12    least 2 days advance notice, but the student shall notify
13    the school's administration as soon as possible of the
14    absence. A student whose absence is excused under this
15    paragraph 7 shall be counted as if the student attended
16    school for purposes of calculating the average daily
17    attendance of students in the school district. A student
18    whose absence is excused under this paragraph 7 must be
19    allowed a reasonable time to make up school work missed
20    during the absence. If the student satisfactorily
21    completes the school work, the day of absence shall be
22    counted as a day of compulsory attendance and he or she may
23    not be penalized for that absence; and
24        8. Any child absent from a public school on a
25    particular day or days or at a particular time of day for
26    the reason that his or her parent or legal guardian is an

 

 

SB3646- 41 -LRB103 39475 SPS 69670 b

1    active duty member of the uniformed services and has been
2    called to duty for, is on leave from, or has immediately
3    returned from deployment to a combat zone or
4    combat-support postings. Such a student shall be granted 5
5    days of excused absences in any school year and, at the
6    discretion of the school board, additional excused
7    absences to visit the student's parent or legal guardian
8    relative to such leave or deployment of the parent or
9    legal guardian. In the case of excused absences pursuant
10    to this paragraph 8, the student and parent or legal
11    guardian shall be responsible for obtaining assignments
12    from the student's teacher prior to any period of excused
13    absence and for ensuring that such assignments are
14    completed by the student prior to his or her return to
15    school from such period of excused absence.
16    Any child from a public middle school or high school,
17subject to guidelines established by the State Board of
18Education, shall be permitted by a school board one school
19day-long excused absence per school year for the child who is
20absent from school to engage in a civic event. The school board
21may require that the student provide reasonable advance notice
22of the intended absence to the appropriate school
23administrator and require that the student provide
24documentation of participation in a civic event to the
25appropriate school administrator.
26(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;

 

 

SB3646- 42 -LRB103 39475 SPS 69670 b

1102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
21-1-23.)
 
3    Section 910. The Child Care Act of 1969 is amended by
4changing Section 2.17 as follows:
 
5    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
6    Sec. 2.17. "Foster family home" means the home of an
7individual or family:
8    (1) that is licensed or approved by the state in which it
9is situated as a foster family home that meets the standards
10established for the licensing or approval; and
11    (2) in which a child in foster care has been placed in the
12care of an individual who resides with the child and who has
13been licensed or approved by the state to be a foster parent
14and:
15        (A) who the Department of Children and Family Services
16    deems capable of adhering to the reasonable and prudent
17    parent standard;
18        (B) who provides 24-hour substitute care for children
19    placed away from their parents or other caretakers; and
20    (3) who provides the care for no more than 6 children,
21except the Director of Children and Family Services, pursuant
22to Department regulations, may waive the numerical limitation
23of foster children who may be cared for in a foster family home
24for any of the following reasons to allow: (i) a parenting

 

 

SB3646- 43 -LRB103 39475 SPS 69670 b

1youth in foster care to remain with the child of the parenting
2youth; (ii) siblings to remain together; (iii) a child with an
3established meaningful relationship with the family to remain
4with the family; or (iv) a family with special training or
5skills to provide care to a child who has a severe disability.
6The family's or relative's own children, under 18 years of
7age, shall be included in determining the maximum number of
8children served.
9    For purposes of this Section, a "relative" includes any
10person, 21 years of age or over, other than the parent, who (i)
11is currently related to the child in any of the following ways
12by blood or adoption: grandparent, sibling, great-grandparent,
13uncle, aunt, nephew, niece, first cousin, great-uncle, or
14great-aunt; or (ii) is the spouse of such a relative; or (iii)
15is a child's step-father, step-mother, or adult step-brother
16or step-sister; or (iv) is a fictive kin; "relative" also
17includes a person related in any of the foregoing ways to a
18sibling of a child, even though the person is not related to
19the child, when the child and its sibling are placed together
20with that person. For purposes of placement of children
21pursuant to Section 7 of the Children and Family Services Act
22and for purposes of licensing requirements set forth in
23Section 4 of this Act, for children under the custody or
24guardianship of the Department pursuant to the Juvenile Court
25Act of 1987, after a parent signs a consent, surrender, or
26waiver or after a parent's rights are otherwise terminated,

 

 

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1and while the child remains in the custody or guardianship of
2the Department, the child is considered to be related to those
3to whom the child was related under this Section prior to the
4signing of the consent, surrender, or waiver or the order of
5termination of parental rights.
6    The term "foster family home" includes homes receiving
7children from any State-operated institution for child care;
8or from any agency established by a municipality or other
9political subdivision of the State of Illinois authorized to
10provide care for children outside their own homes. The term
11"foster family home" does not include an "adoption-only home"
12as defined in Section 2.23 of this Act. The types of foster
13family homes are defined as follows:
14        (a) "Boarding home" means a foster family home which
15    receives payment for regular full-time care of a child or
16    children.
17        (b) "Free home" means a foster family home other than
18    an adoptive home which does not receive payments for the
19    care of a child or children.
20        (c) "Adoptive home" means a foster family home which
21    receives a child or children for the purpose of adopting
22    the child or children, but does not include an
23    adoption-only home.
24        (d) "Work-wage home" means a foster family home which
25    receives a child or children who pay part or all of their
26    board by rendering some services to the family not

 

 

SB3646- 45 -LRB103 39475 SPS 69670 b

1    prohibited by the Child Labor Law of 2024 or by standards
2    or regulations of the Department prescribed under this
3    Act. The child or children may receive a wage in
4    connection with the services rendered the foster family.
5        (e) "Agency-supervised home" means a foster family
6    home under the direct and regular supervision of a
7    licensed child welfare agency, of the Department of
8    Children and Family Services, of a circuit court, or of
9    any other State agency which has authority to place
10    children in child care facilities, and which receives no
11    more than 8 children, unless of common parentage, who are
12    placed and are regularly supervised by one of the
13    specified agencies.
14        (f) "Independent home" means a foster family home,
15    other than an adoptive home, which receives no more than 4
16    children, unless of common parentage, directly from
17    parents, or other legally responsible persons, by
18    independent arrangement and which is not subject to direct
19    and regular supervision of a specified agency except as
20    such supervision pertains to licensing by the Department.
21        (g) "Host home" means an emergency foster family home
22    under the direction and regular supervision of a licensed
23    child welfare agency, contracted to provide short-term
24    crisis intervention services to youth served under the
25    Comprehensive Community-Based Youth Services program,
26    under the direction of the Department of Human Services.

 

 

SB3646- 46 -LRB103 39475 SPS 69670 b

1    The youth shall not be under the custody or guardianship
2    of the Department pursuant to the Juvenile Court Act of
3    1987.
4(Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
 
5    Section 915. The Private Employment Agency Act is amended
6by changing Sections 10 and 12.6 as follows:
 
7    (225 ILCS 515/10)  (from Ch. 111, par. 910)
8    Sec. 10. Licensee prohibitions. No licensee shall send or
9cause to be sent any female help or servants, inmate, or
10performer to enter any questionable place, or place of bad
11repute, house of ill-fame, or assignation house, or to any
12house or place of amusement kept for immoral purposes, or
13place resorted to for the purpose of prostitution or gambling
14house, the character of which licensee knows either actually
15or by reputation.
16    No licensee shall permit questionable characters,
17prostitutes, gamblers, intoxicated persons, or procurers to
18frequent the agency.
19    No licensee shall accept any application for employment
20made by or on behalf of any child, or shall place or assist in
21placing any such child in any employment whatever, in
22violation of the Child Labor Law of 2024. A violation of any
23provision of this Section shall be a Class A misdemeanor.
24    No licensee shall publish or cause to be published any

 

 

SB3646- 47 -LRB103 39475 SPS 69670 b

1fraudulent or misleading notice or advertisement of its
2employment agencies by means of cards, circulars, or signs, or
3in newspapers or other publications; and all letterheads,
4receipts, and blanks shall contain the full name and address
5of the employment agency and licensee shall state in all
6notices and advertisements the fact that licensee is, or
7conducts, a private employment agency.
8    No licensee shall print, publish, or paint on any sign or
9window, or insert in any newspaper or publication, a name
10similar to that of the Illinois Public Employment Office.
11    No licensee shall print or stamp on any receipt or on any
12contract used by that agency any part of this Act, unless the
13entire Section from which that part is taken is printed or
14stamped thereon.
15    All written communications sent out by any licensee,
16directly or indirectly, to any person or firm with regard to
17employees or employment shall contain therein definite
18information that such person is a private employment agency.
19    No licensee or his or her employees shall knowingly give
20any false or misleading information, or make any false or
21misleading promise to any applicant who shall apply for
22employment or employees.
23(Source: P.A. 90-372, eff. 7-1-98.)
 
24    (225 ILCS 515/12.6)
25    Sec. 12.6. Child Labor and Day and Temporary Labor

 

 

SB3646- 48 -LRB103 39475 SPS 69670 b

1Services Enforcement Fund. All moneys received as fees and
2penalties under this Act shall be deposited into the Child
3Labor and Day and Temporary Labor Services Enforcement Fund
4and may be used for the purposes set forth in Section 75 17.3
5of the Child Labor Law of 2024.
6(Source: P.A. 99-422, eff. 1-1-16.)
 
7    Section 920. The Day and Temporary Labor Services Act is
8amended by changing Section 67 as follows:
 
9    (820 ILCS 175/67)
10    Sec. 67. Action for civil penalties brought by an
11interested party.
12    (a) Upon a reasonable belief that a day and temporary
13labor service agency or a third party client covered by this
14Act is in violation of any part of this Act, an interested
15party may initiate a civil action in the county where the
16alleged offenses occurred or where any party to the action
17resides, asserting that a violation of the Act has occurred,
18pursuant to the following sequence of events:
19        (1) The interested party submits to the Department of
20    Labor a complaint describing the violation and naming the
21    day or temporary labor service agency or third party
22    client alleged to have violated this Act.
23        (2) The Department sends notice of complaint to the
24    named parties alleged to have violated this Act and the

 

 

SB3646- 49 -LRB103 39475 SPS 69670 b

1    interested party. The named parties may either contest the
2    alleged violation or cure the alleged violation.
3        (3) The named parties contest or cure the alleged
4    violation within 30 days after the receipt of the notice
5    of complaint or, if the named party does not respond
6    within 30 days, the Department issues a notice of right to
7    sue to the interested party as described in paragraph (4).
8        (4) The Department issues a notice of right to sue to
9    the interested party, if one or more of the following has
10    occurred:
11            (i) the named party has cured the alleged
12        violation to the satisfaction of the Director;
13            (ii) the Director has determined that the
14        allegation is unjustified or that the Department does
15        not have jurisdiction over the matter or the parties;
16        or
17            (iii) the Director has determined that the
18        allegation is justified or has not made a
19        determination, and either has decided not to exercise
20        jurisdiction over the matter or has concluded
21        administrative enforcement of the matter.
22    (b) If within 180 days after service of the notice of
23complaint to the parties, the Department has not (i) resolved
24the contest and cure period, (ii) with the mutual agreement of
25the parties, extended the time for the named party to cure the
26violation and resolve the complaint, or (iii) issued a right

 

 

SB3646- 50 -LRB103 39475 SPS 69670 b

1to sue letter, the interested party may initiate a civil
2action for penalties. The parties may extend the 180-day
3period by mutual agreement. The limitations period for the
4interested party to bring an action for the alleged violation
5of the Act shall be tolled for the 180-day period and for the
6period of any mutually agreed extensions. At the end of the
7180-day period, or any mutually agreed extensions, the
8Department shall issue a right to sue letter to the interested
9party.
10    (c) Any claim or action filed under this Section must be
11made within 3 years of the alleged conduct resulting in the
12complaint plus any period for which the limitations period has
13been tolled.
14    (d) In an action brought pursuant to this Section, an
15interested party may recover against the covered entity any
16statutory penalties set forth in Section 70 and injunctive
17relief. An interested party who prevails in a civil action
18shall receive 10% of any statutory penalties assessed, plus
19any attorneys' fees and expenses in bringing the action. The
20remaining 90% of any statutory penalties assessed shall be
21deposited into the Child Labor and Day and Temporary Labor
22Services Enforcement Fund and shall be used exclusively for
23the purposes set forth in Section 17.3 of the Child Labor Law
24of 2024.
25(Source: P.A. 103-437, eff. 8-4-23.)
 

 

 

SB3646- 51 -LRB103 39475 SPS 69670 b

1    Section 925. The Workers' Compensation Act is amended by
2changing Sections 7 and 8 as follows:
 
3    (820 ILCS 305/7)  (from Ch. 48, par. 138.7)
4    Sec. 7. The amount of compensation which shall be paid for
5an accidental injury to the employee resulting in death is:
6    (a) If the employee leaves surviving a widow, widower,
7child or children, the applicable weekly compensation rate
8computed in accordance with subparagraph 2 of paragraph (b) of
9Section 8, shall be payable during the life of the widow or
10widower and if any surviving child or children shall not be
11physically or mentally incapacitated then until the death of
12the widow or widower or until the youngest child shall reach
13the age of 18, whichever shall come later; provided that if
14such child or children shall be enrolled as a full time student
15in any accredited educational institution, the payments shall
16continue until such child has attained the age of 25. In the
17event any surviving child or children shall be physically or
18mentally incapacitated, the payments shall continue for the
19duration of such incapacity.
20    The term "child" means a child whom the deceased employee
21left surviving, including a posthumous child, a child legally
22adopted, a child whom the deceased employee was legally
23obligated to support or a child to whom the deceased employee
24stood in loco parentis. The term "children" means the plural
25of "child".

 

 

SB3646- 52 -LRB103 39475 SPS 69670 b

1    The term "physically or mentally incapacitated child or
2children" means a child or children incapable of engaging in
3regular and substantial gainful employment.
4    In the event of the remarriage of a widow or widower, where
5the decedent did not leave surviving any child or children
6who, at the time of such remarriage, are entitled to
7compensation benefits under this Act, the surviving spouse
8shall be paid a lump sum equal to 2 years compensation benefits
9and all further rights of such widow or widower shall be
10extinguished.
11    If the employee leaves surviving any child or children
12under 18 years of age who at the time of death shall be
13entitled to compensation under this paragraph (a) of this
14Section, the weekly compensation payments herein provided for
15such child or children shall in any event continue for a period
16of not less than 6 years.
17    Any beneficiary entitled to compensation under this
18paragraph (a) of this Section shall receive from the special
19fund provided in paragraph (f) of this Section, in addition to
20the compensation herein provided, supplemental benefits in
21accordance with paragraph (g) of Section 8.
22    (b) If no compensation is payable under paragraph (a) of
23this Section and the employee leaves surviving a parent or
24parents who at the time of the accident were totally dependent
25upon the earnings of the employee then weekly payments equal
26to the compensation rate payable in the case where the

 

 

SB3646- 53 -LRB103 39475 SPS 69670 b

1employee leaves surviving a widow or widower, shall be paid to
2such parent or parents for the duration of their lives, and in
3the event of the death of either, for the life of the survivor.
4    (c) If no compensation is payable under paragraphs (a) or
5(b) of this Section and the employee leaves surviving any
6child or children who are not entitled to compensation under
7the foregoing paragraph (a) but who at the time of the accident
8were nevertheless in any manner dependent upon the earnings of
9the employee, or leaves surviving a parent or parents who at
10the time of the accident were partially dependent upon the
11earnings of the employee, then there shall be paid to such
12dependent or dependents for a period of 8 years weekly
13compensation payments at such proportion of the applicable
14rate if the employee had left surviving a widow or widower as
15such dependency bears to total dependency. In the event of the
16death of any such beneficiary the share of such beneficiary
17shall be divided equally among the surviving beneficiaries and
18in the event of the death of the last such beneficiary all the
19rights under this paragraph shall be extinguished.
20    (d) If no compensation is payable under paragraphs (a),
21(b) or (c) of this Section and the employee leaves surviving
22any grandparent, grandparents, grandchild or grandchildren or
23collateral heirs dependent upon the employee's earnings to the
24extent of 50% or more of total dependency, then there shall be
25paid to such dependent or dependents for a period of 5 years
26weekly compensation payments at such proportion of the

 

 

SB3646- 54 -LRB103 39475 SPS 69670 b

1applicable rate if the employee had left surviving a widow or
2widower as such dependency bears to total dependency. In the
3event of the death of any such beneficiary the share of such
4beneficiary shall be divided equally among the surviving
5beneficiaries and in the event of the death of the last such
6beneficiary all rights hereunder shall be extinguished.
7    (e) The compensation to be paid for accidental injury
8which results in death, as provided in this Section, shall be
9paid to the persons who form the basis for determining the
10amount of compensation to be paid by the employer, the
11respective shares to be in the proportion of their respective
12dependency at the time of the accident on the earnings of the
13deceased. The Commission or an Arbitrator thereof may, in its
14or his discretion, order or award the payment to the parent or
15grandparent of a child for the latter's support the amount of
16compensation which but for such order or award would have been
17paid to such child as its share of the compensation payable,
18which order or award may be modified from time to time by the
19Commission in its discretion with respect to the person to
20whom shall be paid the amount of the order or award remaining
21unpaid at the time of the modification.
22    The payments of compensation by the employer in accordance
23with the order or award of the Commission discharges such
24employer from all further obligation as to such compensation.
25    (f) The sum of $8,000 for burial expenses shall be paid by
26the employer to the widow or widower, other dependent, next of

 

 

SB3646- 55 -LRB103 39475 SPS 69670 b

1kin or to the person or persons incurring the expense of
2burial.
3    In the event the employer failed to provide necessary
4first aid, medical, surgical or hospital service, he shall pay
5the cost thereof to the person or persons entitled to
6compensation under paragraphs (a), (b), (c) or (d) of this
7Section, or to the person or persons incurring the obligation
8therefore, or providing the same.
9    On January 15 and July 15, 1981, and on January 15 and July
1015 of each year thereafter the employer shall within 60 days
11pay a sum equal to 1/8 of 1% of all compensation payments made
12by him after July 1, 1980, either under this Act or the
13Workers' Occupational Diseases Act, whether by lump sum
14settlement or weekly compensation payments, but not including
15hospital, surgical or rehabilitation payments, made during the
16first 6 months and during the second 6 months respectively of
17the fiscal year next preceding the date of the payments, into a
18special fund which shall be designated the "Second Injury
19Fund", of which the State Treasurer is ex-officio custodian,
20such special fund to be held and disbursed for the purposes
21hereinafter stated in paragraphs (f) and (g) of Section 8,
22either upon the order of the Commission or of a competent
23court. Said special fund shall be deposited the same as are
24State funds and any interest accruing thereon shall be added
25thereto every 6 months. It is subject to audit the same as
26State funds and accounts and is protected by the General bond

 

 

SB3646- 56 -LRB103 39475 SPS 69670 b

1given by the State Treasurer. It is considered always
2appropriated for the purposes of disbursements as provided in
3Section 8, paragraph (f), of this Act, and shall be paid out
4and disbursed as therein provided and shall not at any time be
5appropriated or diverted to any other use or purpose.
6    On January 15, 1991, the employer shall further pay a sum
7equal to one half of 1% of all compensation payments made by
8him from January 1, 1990 through June 30, 1990 either under
9this Act or under the Workers' Occupational Diseases Act,
10whether by lump sum settlement or weekly compensation
11payments, but not including hospital, surgical or
12rehabilitation payments, into an additional Special Fund which
13shall be designated as the "Rate Adjustment Fund". On March
1415, 1991, the employer shall pay into the Rate Adjustment Fund
15a sum equal to one half of 1% of all such compensation payments
16made from July 1, 1990 through December 31, 1990. Within 60
17days after July 15, 1991, the employer shall pay into the Rate
18Adjustment Fund a sum equal to one half of 1% of all such
19compensation payments made from January 1, 1991 through June
2030, 1991. Within 60 days after January 15 of 1992 and each
21subsequent year through 1996, the employer shall pay into the
22Rate Adjustment Fund a sum equal to one half of 1% of all such
23compensation payments made in the last 6 months of the
24preceding calendar year. Within 60 days after July 15 of 1992
25and each subsequent year through 1995, the employer shall pay
26into the Rate Adjustment Fund a sum equal to one half of 1% of

 

 

SB3646- 57 -LRB103 39475 SPS 69670 b

1all such compensation payments made in the first 6 months of
2the same calendar year. Within 60 days after January 15 of 1997
3and each subsequent year through 2005, the employer shall pay
4into the Rate Adjustment Fund a sum equal to three-fourths of
51% of all such compensation payments made in the last 6 months
6of the preceding calendar year. Within 60 days after July 15 of
71996 and each subsequent year through 2004, the employer shall
8pay into the Rate Adjustment Fund a sum equal to three-fourths
9of 1% of all such compensation payments made in the first 6
10months of the same calendar year. Within 60 days after July 15
11of 2005, the employer shall pay into the Rate Adjustment Fund a
12sum equal to 1% of such compensation payments made in the first
136 months of the same calendar year. Within 60 days after
14January 15 of 2006 and each subsequent year, the employer
15shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
16such compensation payments made in the last 6 months of the
17preceding calendar year. Within 60 days after July 15 of 2006
18and each subsequent year, the employer shall pay into the Rate
19Adjustment Fund a sum equal to 1.25% of such compensation
20payments made in the first 6 months of the same calendar year.
21The administrative costs of collecting assessments from
22employers for the Rate Adjustment Fund shall be paid from the
23Rate Adjustment Fund. The cost of an actuarial audit of the
24Fund shall be paid from the Rate Adjustment Fund. The State
25Treasurer is ex officio custodian of such Special Fund and the
26same shall be held and disbursed for the purposes hereinafter

 

 

SB3646- 58 -LRB103 39475 SPS 69670 b

1stated in paragraphs (f) and (g) of Section 8 upon the order of
2the Commission or of a competent court. The Rate Adjustment
3Fund shall be deposited the same as are State funds and any
4interest accruing thereon shall be added thereto every 6
5months. It shall be subject to audit the same as State funds
6and accounts and shall be protected by the general bond given
7by the State Treasurer. It is considered always appropriated
8for the purposes of disbursements as provided in paragraphs
9(f) and (g) of Section 8 of this Act and shall be paid out and
10disbursed as therein provided and shall not at any time be
11appropriated or diverted to any other use or purpose. Within 5
12days after the effective date of this amendatory Act of 1990,
13the Comptroller and the State Treasurer shall transfer
14$1,000,000 from the General Revenue Fund to the Rate
15Adjustment Fund. By February 15, 1991, the Comptroller and the
16State Treasurer shall transfer $1,000,000 from the Rate
17Adjustment Fund to the General Revenue Fund. The Comptroller
18and Treasurer are authorized to make transfers at the request
19of the Chairman up to a total of $19,000,000 from the Second
20Injury Fund, the General Revenue Fund, and the Workers'
21Compensation Benefit Trust Fund to the Rate Adjustment Fund to
22the extent that there is insufficient money in the Rate
23Adjustment Fund to pay claims and obligations. Amounts may be
24transferred from the General Revenue Fund only if the funds in
25the Second Injury Fund or the Workers' Compensation Benefit
26Trust Fund are insufficient to pay claims and obligations of

 

 

SB3646- 59 -LRB103 39475 SPS 69670 b

1the Rate Adjustment Fund. All amounts transferred from the
2Second Injury Fund, the General Revenue Fund, and the Workers'
3Compensation Benefit Trust Fund shall be repaid from the Rate
4Adjustment Fund within 270 days of a transfer, together with
5interest at the rate earned by moneys on deposit in the Fund or
6Funds from which the moneys were transferred.
7    Upon a finding by the Commission, after reasonable notice
8and hearing, that any employer has willfully and knowingly
9failed to pay the proper amounts into the Second Injury Fund or
10the Rate Adjustment Fund required by this Section or if such
11payments are not made within the time periods prescribed by
12this Section, the employer shall, in addition to such
13payments, pay a penalty of 20% of the amount required to be
14paid or $2,500, whichever is greater, for each year or part
15thereof of such failure to pay. This penalty shall only apply
16to obligations of an employer to the Second Injury Fund or the
17Rate Adjustment Fund accruing after the effective date of this
18amendatory Act of 1989. All or part of such a penalty may be
19waived by the Commission for good cause shown.
20    Any obligations of an employer to the Second Injury Fund
21and Rate Adjustment Fund accruing prior to the effective date
22of this amendatory Act of 1989 shall be paid in full by such
23employer within 5 years of the effective date of this
24amendatory Act of 1989, with at least one-fifth of such
25obligation to be paid during each year following the effective
26date of this amendatory Act of 1989. If the Commission finds,

 

 

SB3646- 60 -LRB103 39475 SPS 69670 b

1following reasonable notice and hearing, that an employer has
2failed to make timely payment of any obligation accruing under
3the preceding sentence, the employer shall, in addition to all
4other payments required by this Section, be liable for a
5penalty equal to 20% of the overdue obligation or $2,500,
6whichever is greater, for each year or part thereof that
7obligation is overdue. All or part of such a penalty may be
8waived by the Commission for good cause shown.
9    The Chairman of the Illinois Workers' Compensation
10Commission shall, annually, furnish to the Director of the
11Department of Insurance a list of the amounts paid into the
12Second Injury Fund and the Rate Adjustment Fund by each
13insurance company on behalf of their insured employers. The
14Director shall verify to the Chairman that the amounts paid by
15each insurance company are accurate as best as the Director
16can determine from the records available to the Director. The
17Chairman shall verify that the amounts paid by each
18self-insurer are accurate as best as the Chairman can
19determine from records available to the Chairman. The Chairman
20may require each self-insurer to provide information
21concerning the total compensation payments made upon which
22contributions to the Second Injury Fund and the Rate
23Adjustment Fund are predicated and any additional information
24establishing that such payments have been made into these
25funds. Any deficiencies in payments noted by the Director or
26Chairman shall be subject to the penalty provisions of this

 

 

SB3646- 61 -LRB103 39475 SPS 69670 b

1Act.
2    The State Treasurer, or his duly authorized
3representative, shall be named as a party to all proceedings
4in all cases involving claim for the loss of, or the permanent
5and complete loss of the use of one eye, one foot, one leg, one
6arm or one hand.
7    The State Treasurer or his duly authorized agent shall
8have the same rights as any other party to the proceeding,
9including the right to petition for review of any award. The
10reasonable expenses of litigation, such as medical
11examinations, testimony, and transcript of evidence, incurred
12by the State Treasurer or his duly authorized representative,
13shall be borne by the Second Injury Fund.
14    If the award is not paid within 30 days after the date the
15award has become final, the Commission shall proceed to take
16judgment thereon in its own name as is provided for other
17awards by paragraph (g) of Section 19 of this Act and take the
18necessary steps to collect the award.
19    Any person, corporation or organization who has paid or
20become liable for the payment of burial expenses of the
21deceased employee may in his or its own name institute
22proceedings before the Commission for the collection thereof.
23    For the purpose of administration, receipts and
24disbursements, the Special Fund provided for in paragraph (f)
25of this Section shall be administered jointly with the Special
26Fund provided for in Section 7, paragraph (f) of the Workers'

 

 

SB3646- 62 -LRB103 39475 SPS 69670 b

1Occupational Diseases Act.
2    (g) All compensation, except for burial expenses provided
3in this Section to be paid in case accident results in death,
4shall be paid in installments equal to the percentage of the
5average earnings as provided for in Section 8, paragraph (b)
6of this Act, at the same intervals at which the wages or
7earnings of the employees were paid. If this is not feasible,
8then the installments shall be paid weekly. Such compensation
9may be paid in a lump sum upon petition as provided in Section
109 of this Act. However, in addition to the benefits provided by
11Section 9 of this Act where compensation for death is payable
12to the deceased's widow, widower or to the deceased's widow,
13widower and one or more children, and where a partial lump sum
14is applied for by such beneficiary or beneficiaries within 18
15months after the deceased's death, the Commission may, in its
16discretion, grant a partial lump sum of not to exceed 100 weeks
17of the compensation capitalized at their present value upon
18the basis of interest calculated at 3% per annum with annual
19rests, upon a showing that such partial lump sum is for the
20best interest of such beneficiary or beneficiaries.
21    (h) In case the injured employee is under 16 years of age
22at the time of the accident and is illegally employed, the
23amount of compensation payable under paragraphs (a), (b), (c),
24(d) and (f) of this Section shall be increased 50%.
25    Nothing herein contained repeals or amends the provisions
26of the Child Labor Law of 2024 relating to the employment of

 

 

SB3646- 63 -LRB103 39475 SPS 69670 b

1minors under the age of 16 years.
2    However, where an employer has on file an employment
3certificate issued pursuant to the Child Labor Law of 2024 or
4work permit issued pursuant to the Federal Fair Labor
5Standards Act, as amended, or a birth certificate properly and
6duly issued, such certificate, permit or birth certificate is
7conclusive evidence as to the age of the injured minor
8employee for the purposes of this Section only.
9    (i) Whenever the dependents of a deceased employee are
10noncitizens not residing in the United States, Mexico or
11Canada, the amount of compensation payable is limited to the
12beneficiaries described in paragraphs (a), (b) and (c) of this
13Section and is 50% of the compensation provided in paragraphs
14(a), (b) and (c) of this Section, except as otherwise provided
15by treaty.
16    In a case where any of the persons who would be entitled to
17compensation is living at any place outside of the United
18States, then payment shall be made to the personal
19representative of the deceased employee. The distribution by
20such personal representative to the persons entitled shall be
21made to such persons and in such manner as the Commission
22orders.
23(Source: P.A. 102-1030, eff. 5-27-22.)
 
24    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
25    Sec. 8. The amount of compensation which shall be paid to

 

 

SB3646- 64 -LRB103 39475 SPS 69670 b

1the employee for an accidental injury not resulting in death
2is:
3    (a) The employer shall provide and pay the negotiated
4rate, if applicable, or the lesser of the health care
5provider's actual charges or according to a fee schedule,
6subject to Section 8.2, in effect at the time the service was
7rendered for all the necessary first aid, medical and surgical
8services, and all necessary medical, surgical and hospital
9services thereafter incurred, limited, however, to that which
10is reasonably required to cure or relieve from the effects of
11the accidental injury, even if a health care provider sells,
12transfers, or otherwise assigns an account receivable for
13procedures, treatments, or services covered under this Act. If
14the employer does not dispute payment of first aid, medical,
15surgical, and hospital services, the employer shall make such
16payment to the provider on behalf of the employee. The
17employer shall also pay for treatment, instruction and
18training necessary for the physical, mental and vocational
19rehabilitation of the employee, including all maintenance
20costs and expenses incidental thereto. If as a result of the
21injury the employee is unable to be self-sufficient the
22employer shall further pay for such maintenance or
23institutional care as shall be required.
24    The employee may at any time elect to secure his own
25physician, surgeon and hospital services at the employer's
26expense, or,

 

 

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1    Upon agreement between the employer and the employees, or
2the employees' exclusive representative, and subject to the
3approval of the Illinois Workers' Compensation Commission, the
4employer shall maintain a list of physicians, to be known as a
5Panel of Physicians, who are accessible to the employees. The
6employer shall post this list in a place or places easily
7accessible to his employees. The employee shall have the right
8to make an alternative choice of physician from such Panel if
9he is not satisfied with the physician first selected. If, due
10to the nature of the injury or its occurrence away from the
11employer's place of business, the employee is unable to make a
12selection from the Panel, the selection process from the Panel
13shall not apply. The physician selected from the Panel may
14arrange for any consultation, referral or other specialized
15medical services outside the Panel at the employer's expense.
16Provided that, in the event the Commission shall find that a
17doctor selected by the employee is rendering improper or
18inadequate care, the Commission may order the employee to
19select another doctor certified or qualified in the medical
20field for which treatment is required. If the employee refuses
21to make such change the Commission may relieve the employer of
22his obligation to pay the doctor's charges from the date of
23refusal to the date of compliance.
24    Any vocational rehabilitation counselors who provide
25service under this Act shall have appropriate certifications
26which designate the counselor as qualified to render opinions

 

 

SB3646- 66 -LRB103 39475 SPS 69670 b

1relating to vocational rehabilitation. Vocational
2rehabilitation may include, but is not limited to, counseling
3for job searches, supervising a job search program, and
4vocational retraining including education at an accredited
5learning institution. The employee or employer may petition to
6the Commission to decide disputes relating to vocational
7rehabilitation and the Commission shall resolve any such
8dispute, including payment of the vocational rehabilitation
9program by the employer.
10    The maintenance benefit shall not be less than the
11temporary total disability rate determined for the employee.
12In addition, maintenance shall include costs and expenses
13incidental to the vocational rehabilitation program.
14    When the employee is working light duty on a part-time
15basis or full-time basis and earns less than he or she would be
16earning if employed in the full capacity of the job or jobs,
17then the employee shall be entitled to temporary partial
18disability benefits. Temporary partial disability benefits
19shall be equal to two-thirds of the difference between the
20average amount that the employee would be able to earn in the
21full performance of his or her duties in the occupation in
22which he or she was engaged at the time of accident and the
23gross amount which he or she is earning in the modified job
24provided to the employee by the employer or in any other job
25that the employee is working.
26    Every hospital, physician, surgeon or other person

 

 

SB3646- 67 -LRB103 39475 SPS 69670 b

1rendering treatment or services in accordance with the
2provisions of this Section shall upon written request furnish
3full and complete reports thereof to, and permit their records
4to be copied by, the employer, the employee or his dependents,
5as the case may be, or any other party to any proceeding for
6compensation before the Commission, or their attorneys.
7    Notwithstanding the foregoing, the employer's liability to
8pay for such medical services selected by the employee shall
9be limited to:
10        (1) all first aid and emergency treatment; plus
11        (2) all medical, surgical and hospital services
12    provided by the physician, surgeon or hospital initially
13    chosen by the employee or by any other physician,
14    consultant, expert, institution or other provider of
15    services recommended by said initial service provider or
16    any subsequent provider of medical services in the chain
17    of referrals from said initial service provider; plus
18        (3) all medical, surgical and hospital services
19    provided by any second physician, surgeon or hospital
20    subsequently chosen by the employee or by any other
21    physician, consultant, expert, institution or other
22    provider of services recommended by said second service
23    provider or any subsequent provider of medical services in
24    the chain of referrals from said second service provider.
25    Thereafter the employer shall select and pay for all
26    necessary medical, surgical and hospital treatment and the

 

 

SB3646- 68 -LRB103 39475 SPS 69670 b

1    employee may not select a provider of medical services at
2    the employer's expense unless the employer agrees to such
3    selection. At any time the employee may obtain any medical
4    treatment he desires at his own expense. This paragraph
5    shall not affect the duty to pay for rehabilitation
6    referred to above.
7        (4) The following shall apply for injuries occurring
8    on or after June 28, 2011 (the effective date of Public Act
9    97-18) and only when an employer has an approved preferred
10    provider program pursuant to Section 8.1a on the date the
11    employee sustained his or her accidental injuries:
12            (A) The employer shall, in writing, on a form
13        promulgated by the Commission, inform the employee of
14        the preferred provider program;
15            (B) Subsequent to the report of an injury by an
16        employee, the employee may choose in writing at any
17        time to decline the preferred provider program, in
18        which case that would constitute one of the two
19        choices of medical providers to which the employee is
20        entitled under subsection (a)(2) or (a)(3); and
21            (C) Prior to the report of an injury by an
22        employee, when an employee chooses non-emergency
23        treatment from a provider not within the preferred
24        provider program, that would constitute the employee's
25        one choice of medical providers to which the employee
26        is entitled under subsection (a)(2) or (a)(3).

 

 

SB3646- 69 -LRB103 39475 SPS 69670 b

1    When an employer and employee so agree in writing, nothing
2in this Act prevents an employee whose injury or disability
3has been established under this Act, from relying in good
4faith, on treatment by prayer or spiritual means alone, in
5accordance with the tenets and practice of a recognized church
6or religious denomination, by a duly accredited practitioner
7thereof, and having nursing services appropriate therewith,
8without suffering loss or diminution of the compensation
9benefits under this Act. However, the employee shall submit to
10all physical examinations required by this Act. The cost of
11such treatment and nursing care shall be paid by the employee
12unless the employer agrees to make such payment.
13    Where the accidental injury results in the amputation of
14an arm, hand, leg or foot, or the enucleation of an eye, or the
15loss of any of the natural teeth, the employer shall furnish an
16artificial of any such members lost or damaged in accidental
17injury arising out of and in the course of employment, and
18shall also furnish the necessary braces in all proper and
19necessary cases. In cases of the loss of a member or members by
20amputation, the employer shall, whenever necessary, maintain
21in good repair, refit or replace the artificial limbs during
22the lifetime of the employee. Where the accidental injury
23accompanied by physical injury results in damage to a denture,
24eye glasses or contact eye lenses, or where the accidental
25injury results in damage to an artificial member, the employer
26shall replace or repair such denture, glasses, lenses, or

 

 

SB3646- 70 -LRB103 39475 SPS 69670 b

1artificial member.
2    The furnishing by the employer of any such services or
3appliances is not an admission of liability on the part of the
4employer to pay compensation.
5    The furnishing of any such services or appliances or the
6servicing thereof by the employer is not the payment of
7compensation.
8    (b) If the period of temporary total incapacity for work
9lasts more than 3 working days, weekly compensation as
10hereinafter provided shall be paid beginning on the 4th day of
11such temporary total incapacity and continuing as long as the
12total temporary incapacity lasts. In cases where the temporary
13total incapacity for work continues for a period of 14 days or
14more from the day of the accident compensation shall commence
15on the day after the accident.
16        1. The compensation rate for temporary total
17    incapacity under this paragraph (b) of this Section shall
18    be equal to 66 2/3% of the employee's average weekly wage
19    computed in accordance with Section 10, provided that it
20    shall be not less than 66 2/3% of the sum of the Federal
21    minimum wage under the Fair Labor Standards Act, or the
22    Illinois minimum wage under the Minimum Wage Law,
23    whichever is more, multiplied by 40 hours. This percentage
24    rate shall be increased by 10% for each spouse and child,
25    not to exceed 100% of the total minimum wage calculation,
26    nor exceed the employee's average weekly wage computed in

 

 

SB3646- 71 -LRB103 39475 SPS 69670 b

1    accordance with the provisions of Section 10, whichever is
2    less.
3        2. The compensation rate in all cases other than for
4    temporary total disability under this paragraph (b), and
5    other than for serious and permanent disfigurement under
6    paragraph (c) and other than for permanent partial
7    disability under subparagraph (2) of paragraph (d) or
8    under paragraph (e), of this Section shall be equal to 66
9    2/3% of the employee's average weekly wage computed in
10    accordance with the provisions of Section 10, provided
11    that it shall be not less than 66 2/3% of the sum of the
12    Federal minimum wage under the Fair Labor Standards Act,
13    or the Illinois minimum wage under the Minimum Wage Law,
14    whichever is more, multiplied by 40 hours. This percentage
15    rate shall be increased by 10% for each spouse and child,
16    not to exceed 100% of the total minimum wage calculation,
17    nor exceed the employee's average weekly wage computed in
18    accordance with the provisions of Section 10, whichever is
19    less.
20        2.1. The compensation rate in all cases of serious and
21    permanent disfigurement under paragraph (c) and of
22    permanent partial disability under subparagraph (2) of
23    paragraph (d) or under paragraph (e) of this Section shall
24    be equal to 60% of the employee's average weekly wage
25    computed in accordance with the provisions of Section 10,
26    provided that it shall be not less than 66 2/3% of the sum

 

 

SB3646- 72 -LRB103 39475 SPS 69670 b

1    of the Federal minimum wage under the Fair Labor Standards
2    Act, or the Illinois minimum wage under the Minimum Wage
3    Law, whichever is more, multiplied by 40 hours. This
4    percentage rate shall be increased by 10% for each spouse
5    and child, not to exceed 100% of the total minimum wage
6    calculation, nor exceed the employee's average weekly wage
7    computed in accordance with the provisions of Section 10,
8    whichever is less.
9        3. As used in this Section the term "child" means a
10    child of the employee including any child legally adopted
11    before the accident or whom at the time of the accident the
12    employee was under legal obligation to support or to whom
13    the employee stood in loco parentis, and who at the time of
14    the accident was under 18 years of age and not
15    emancipated. The term "children" means the plural of
16    "child".
17        4. All weekly compensation rates provided under
18    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
19    Section shall be subject to the following limitations:
20        The maximum weekly compensation rate from July 1,
21    1975, except as hereinafter provided, shall be 100% of the
22    State's average weekly wage in covered industries under
23    the Unemployment Insurance Act, that being the wage that
24    most closely approximates the State's average weekly wage.
25        The maximum weekly compensation rate, for the period
26    July 1, 1984, through June 30, 1987, except as hereinafter

 

 

SB3646- 73 -LRB103 39475 SPS 69670 b

1    provided, shall be $293.61. Effective July 1, 1987 and on
2    July 1 of each year thereafter the maximum weekly
3    compensation rate, except as hereinafter provided, shall
4    be determined as follows: if during the preceding 12 month
5    period there shall have been an increase in the State's
6    average weekly wage in covered industries under the
7    Unemployment Insurance Act, the weekly compensation rate
8    shall be proportionately increased by the same percentage
9    as the percentage of increase in the State's average
10    weekly wage in covered industries under the Unemployment
11    Insurance Act during such period.
12        The maximum weekly compensation rate, for the period
13    January 1, 1981 through December 31, 1983, except as
14    hereinafter provided, shall be 100% of the State's average
15    weekly wage in covered industries under the Unemployment
16    Insurance Act in effect on January 1, 1981. Effective
17    January 1, 1984 and on January 1, of each year thereafter
18    the maximum weekly compensation rate, except as
19    hereinafter provided, shall be determined as follows: if
20    during the preceding 12 month period there shall have been
21    an increase in the State's average weekly wage in covered
22    industries under the Unemployment Insurance Act, the
23    weekly compensation rate shall be proportionately
24    increased by the same percentage as the percentage of
25    increase in the State's average weekly wage in covered
26    industries under the Unemployment Insurance Act during

 

 

SB3646- 74 -LRB103 39475 SPS 69670 b

1    such period.
2        From July 1, 1977 and thereafter such maximum weekly
3    compensation rate in death cases under Section 7, and
4    permanent total disability cases under paragraph (f) or
5    subparagraph 18 of paragraph (3) of this Section and for
6    temporary total disability under paragraph (b) of this
7    Section and for amputation of a member or enucleation of
8    an eye under paragraph (e) of this Section shall be
9    increased to 133-1/3% of the State's average weekly wage
10    in covered industries under the Unemployment Insurance
11    Act.
12        For injuries occurring on or after February 1, 2006,
13    the maximum weekly benefit under paragraph (d)1 of this
14    Section shall be 100% of the State's average weekly wage
15    in covered industries under the Unemployment Insurance
16    Act.
17        4.1. Any provision herein to the contrary
18    notwithstanding, the weekly compensation rate for
19    compensation payments under subparagraph 18 of paragraph
20    (e) of this Section and under paragraph (f) of this
21    Section and under paragraph (a) of Section 7 and for
22    amputation of a member or enucleation of an eye under
23    paragraph (e) of this Section, shall in no event be less
24    than 50% of the State's average weekly wage in covered
25    industries under the Unemployment Insurance Act.
26        4.2. Any provision to the contrary notwithstanding,

 

 

SB3646- 75 -LRB103 39475 SPS 69670 b

1    the total compensation payable under Section 7 shall not
2    exceed the greater of $500,000 or 25 years.
3        5. For the purpose of this Section this State's
4    average weekly wage in covered industries under the
5    Unemployment Insurance Act on July 1, 1975 is hereby fixed
6    at $228.16 per week and the computation of compensation
7    rates shall be based on the aforesaid average weekly wage
8    until modified as hereinafter provided.
9        6. The Department of Employment Security of the State
10    shall on or before the first day of December, 1977, and on
11    or before the first day of June, 1978, and on the first day
12    of each December and June of each year thereafter, publish
13    the State's average weekly wage in covered industries
14    under the Unemployment Insurance Act and the Illinois
15    Workers' Compensation Commission shall on the 15th day of
16    January, 1978 and on the 15th day of July, 1978 and on the
17    15th day of each January and July of each year thereafter,
18    post and publish the State's average weekly wage in
19    covered industries under the Unemployment Insurance Act as
20    last determined and published by the Department of
21    Employment Security. The amount when so posted and
22    published shall be conclusive and shall be applicable as
23    the basis of computation of compensation rates until the
24    next posting and publication as aforesaid.
25        7. The payment of compensation by an employer or his
26    insurance carrier to an injured employee shall not

 

 

SB3646- 76 -LRB103 39475 SPS 69670 b

1    constitute an admission of the employer's liability to pay
2    compensation.
3    (c) For any serious and permanent disfigurement to the
4hand, head, face, neck, arm, leg below the knee or the chest
5above the axillary line, the employee is entitled to
6compensation for such disfigurement, the amount determined by
7agreement at any time or by arbitration under this Act, at a
8hearing not less than 6 months after the date of the accidental
9injury, which amount shall not exceed 150 weeks (if the
10accidental injury occurs on or after the effective date of
11this amendatory Act of the 94th General Assembly but before
12February 1, 2006) or 162 weeks (if the accidental injury
13occurs on or after February 1, 2006) at the applicable rate
14provided in subparagraph 2.1 of paragraph (b) of this Section.
15    No compensation is payable under this paragraph where
16compensation is payable under paragraphs (d), (e) or (f) of
17this Section.
18    A duly appointed member of a fire department in a city, the
19population of which exceeds 500,000 according to the last
20federal or State census, is eligible for compensation under
21this paragraph only where such serious and permanent
22disfigurement results from burns.
23    (d) 1. If, after the accidental injury has been sustained,
24the employee as a result thereof becomes partially
25incapacitated from pursuing his usual and customary line of
26employment, he shall, except in cases compensated under the

 

 

SB3646- 77 -LRB103 39475 SPS 69670 b

1specific schedule set forth in paragraph (e) of this Section,
2receive compensation for the duration of his disability,
3subject to the limitations as to maximum amounts fixed in
4paragraph (b) of this Section, equal to 66-2/3% of the
5difference between the average amount which he would be able
6to earn in the full performance of his duties in the occupation
7in which he was engaged at the time of the accident and the
8average amount which he is earning or is able to earn in some
9suitable employment or business after the accident. For
10accidental injuries that occur on or after September 1, 2011,
11an award for wage differential under this subsection shall be
12effective only until the employee reaches the age of 67 or 5
13years from the date the award becomes final, whichever is
14later.
15    2. If, as a result of the accident, the employee sustains
16serious and permanent injuries not covered by paragraphs (c)
17and (e) of this Section or having sustained injuries covered
18by the aforesaid paragraphs (c) and (e), he shall have
19sustained in addition thereto other injuries which injuries do
20not incapacitate him from pursuing the duties of his
21employment but which would disable him from pursuing other
22suitable occupations, or which have otherwise resulted in
23physical impairment; or if such injuries partially
24incapacitate him from pursuing the duties of his usual and
25customary line of employment but do not result in an
26impairment of earning capacity, or having resulted in an

 

 

SB3646- 78 -LRB103 39475 SPS 69670 b

1impairment of earning capacity, the employee elects to waive
2his right to recover under the foregoing subparagraph 1 of
3paragraph (d) of this Section then in any of the foregoing
4events, he shall receive in addition to compensation for
5temporary total disability under paragraph (b) of this
6Section, compensation at the rate provided in subparagraph 2.1
7of paragraph (b) of this Section for that percentage of 500
8weeks that the partial disability resulting from the injuries
9covered by this paragraph bears to total disability. If the
10employee shall have sustained a fracture of one or more
11vertebra or fracture of the skull, the amount of compensation
12allowed under this Section shall be not less than 6 weeks for a
13fractured skull and 6 weeks for each fractured vertebra, and
14in the event the employee shall have sustained a fracture of
15any of the following facial bones: nasal, lachrymal, vomer,
16zygoma, maxilla, palatine or mandible, the amount of
17compensation allowed under this Section shall be not less than
182 weeks for each such fractured bone, and for a fracture of
19each transverse process not less than 3 weeks. In the event
20such injuries shall result in the loss of a kidney, spleen or
21lung, the amount of compensation allowed under this Section
22shall be not less than 10 weeks for each such organ.
23Compensation awarded under this subparagraph 2 shall not take
24into consideration injuries covered under paragraphs (c) and
25(e) of this Section and the compensation provided in this
26paragraph shall not affect the employee's right to

 

 

SB3646- 79 -LRB103 39475 SPS 69670 b

1compensation payable under paragraphs (b), (c) and (e) of this
2Section for the disabilities therein covered.
3    (e) For accidental injuries in the following schedule, the
4employee shall receive compensation for the period of
5temporary total incapacity for work resulting from such
6accidental injury, under subparagraph 1 of paragraph (b) of
7this Section, and shall receive in addition thereto
8compensation for a further period for the specific loss herein
9mentioned, but shall not receive any compensation under any
10other provisions of this Act. The following listed amounts
11apply to either the loss of or the permanent and complete loss
12of use of the member specified, such compensation for the
13length of time as follows:
14        1. Thumb-
15            70 weeks if the accidental injury occurs on or
16        after the effective date of this amendatory Act of the
17        94th General Assembly but before February 1, 2006.
18            76 weeks if the accidental injury occurs on or
19        after February 1, 2006.
20        2. First, or index finger-
21            40 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            43 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        3. Second, or middle finger-

 

 

SB3646- 80 -LRB103 39475 SPS 69670 b

1            35 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            38 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        4. Third, or ring finger-
7            25 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            27 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        5. Fourth, or little finger-
13            20 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            22 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        6. Great toe-
19            35 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            38 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        7. Each toe other than great toe-
25            12 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

SB3646- 81 -LRB103 39475 SPS 69670 b

1        94th General Assembly but before February 1, 2006.
2            13 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        8. The loss of the first or distal phalanx of the thumb
5    or of any finger or toe shall be considered to be equal to
6    the loss of one-half of such thumb, finger or toe and the
7    compensation payable shall be one-half of the amount above
8    specified. The loss of more than one phalanx shall be
9    considered as the loss of the entire thumb, finger or toe.
10    In no case shall the amount received for more than one
11    finger exceed the amount provided in this schedule for the
12    loss of a hand.
13        9. Hand-
14            190 weeks if the accidental injury occurs on or
15        after the effective date of this amendatory Act of the
16        94th General Assembly but before February 1, 2006.
17            205 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19            190 weeks if the accidental injury occurs on or
20        after June 28, 2011 (the effective date of Public Act
21        97-18) and if the accidental injury involves carpal
22        tunnel syndrome due to repetitive or cumulative
23        trauma, in which case the permanent partial disability
24        shall not exceed 15% loss of use of the hand, except
25        for cause shown by clear and convincing evidence and
26        in which case the award shall not exceed 30% loss of

 

 

SB3646- 82 -LRB103 39475 SPS 69670 b

1        use of the hand.
2        The loss of 2 or more digits, or one or more phalanges
3    of 2 or more digits, of a hand may be compensated on the
4    basis of partial loss of use of a hand, provided, further,
5    that the loss of 4 digits, or the loss of use of 4 digits,
6    in the same hand shall constitute the complete loss of a
7    hand.
8        10. Arm-
9            235 weeks if the accidental injury occurs on or
10        after the effective date of this amendatory Act of the
11        94th General Assembly but before February 1, 2006.
12            253 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        Where an accidental injury results in the amputation
15    of an arm below the elbow, such injury shall be
16    compensated as a loss of an arm. Where an accidental
17    injury results in the amputation of an arm above the
18    elbow, compensation for an additional 15 weeks (if the
19    accidental injury occurs on or after the effective date of
20    this amendatory Act of the 94th General Assembly but
21    before February 1, 2006) or an additional 17 weeks (if the
22    accidental injury occurs on or after February 1, 2006)
23    shall be paid, except where the accidental injury results
24    in the amputation of an arm at the shoulder joint, or so
25    close to shoulder joint that an artificial arm cannot be
26    used, or results in the disarticulation of an arm at the

 

 

SB3646- 83 -LRB103 39475 SPS 69670 b

1    shoulder joint, in which case compensation for an
2    additional 65 weeks (if the accidental injury occurs on or
3    after the effective date of this amendatory Act of the
4    94th General Assembly but before February 1, 2006) or an
5    additional 70 weeks (if the accidental injury occurs on or
6    after February 1, 2006) shall be paid.
7        11. Foot-
8            155 weeks if the accidental injury occurs on or
9        after the effective date of this amendatory Act of the
10        94th General Assembly but before February 1, 2006.
11            167 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        12. Leg-
14            200 weeks if the accidental injury occurs on or
15        after the effective date of this amendatory Act of the
16        94th General Assembly but before February 1, 2006.
17            215 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        Where an accidental injury results in the amputation
20    of a leg below the knee, such injury shall be compensated
21    as loss of a leg. Where an accidental injury results in the
22    amputation of a leg above the knee, compensation for an
23    additional 25 weeks (if the accidental injury occurs on or
24    after the effective date of this amendatory Act of the
25    94th General Assembly but before February 1, 2006) or an
26    additional 27 weeks (if the accidental injury occurs on or

 

 

SB3646- 84 -LRB103 39475 SPS 69670 b

1    after February 1, 2006) shall be paid, except where the
2    accidental injury results in the amputation of a leg at
3    the hip joint, or so close to the hip joint that an
4    artificial leg cannot be used, or results in the
5    disarticulation of a leg at the hip joint, in which case
6    compensation for an additional 75 weeks (if the accidental
7    injury occurs on or after the effective date of this
8    amendatory Act of the 94th General Assembly but before
9    February 1, 2006) or an additional 81 weeks (if the
10    accidental injury occurs on or after February 1, 2006)
11    shall be paid.
12        13. Eye-
13            150 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            162 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        Where an accidental injury results in the enucleation
19    of an eye, compensation for an additional 10 weeks (if the
20    accidental injury occurs on or after the effective date of
21    this amendatory Act of the 94th General Assembly but
22    before February 1, 2006) or an additional 11 weeks (if the
23    accidental injury occurs on or after February 1, 2006)
24    shall be paid.
25        14. Loss of hearing of one ear-
26            50 weeks if the accidental injury occurs on or

 

 

SB3646- 85 -LRB103 39475 SPS 69670 b

1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            54 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        Total and permanent loss of hearing of both ears-
6            200 weeks if the accidental injury occurs on or
7        after the effective date of this amendatory Act of the
8        94th General Assembly but before February 1, 2006.
9            215 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        15. Testicle-
12            50 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            54 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        Both testicles-
18            150 weeks if the accidental injury occurs on or
19        after the effective date of this amendatory Act of the
20        94th General Assembly but before February 1, 2006.
21            162 weeks if the accidental injury occurs on or
22        after February 1, 2006.
23        16. For the permanent partial loss of use of a member
24    or sight of an eye, or hearing of an ear, compensation
25    during that proportion of the number of weeks in the
26    foregoing schedule provided for the loss of such member or

 

 

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1    sight of an eye, or hearing of an ear, which the partial
2    loss of use thereof bears to the total loss of use of such
3    member, or sight of eye, or hearing of an ear.
4            (a) Loss of hearing for compensation purposes
5        shall be confined to the frequencies of 1,000, 2,000
6        and 3,000 cycles per second. Loss of hearing ability
7        for frequency tones above 3,000 cycles per second are
8        not to be considered as constituting disability for
9        hearing.
10            (b) The percent of hearing loss, for purposes of
11        the determination of compensation claims for
12        occupational deafness, shall be calculated as the
13        average in decibels for the thresholds of hearing for
14        the frequencies of 1,000, 2,000 and 3,000 cycles per
15        second. Pure tone air conduction audiometric
16        instruments, approved by nationally recognized
17        authorities in this field, shall be used for measuring
18        hearing loss. If the losses of hearing average 30
19        decibels or less in the 3 frequencies, such losses of
20        hearing shall not then constitute any compensable
21        hearing disability. If the losses of hearing average
22        85 decibels or more in the 3 frequencies, then the same
23        shall constitute and be total or 100% compensable
24        hearing loss.
25            (c) In measuring hearing impairment, the lowest
26        measured losses in each of the 3 frequencies shall be

 

 

SB3646- 87 -LRB103 39475 SPS 69670 b

1        added together and divided by 3 to determine the
2        average decibel loss. For every decibel of loss
3        exceeding 30 decibels an allowance of 1.82% shall be
4        made up to the maximum of 100% which is reached at 85
5        decibels.
6            (d) If a hearing loss is established to have
7        existed on July 1, 1975 by audiometric testing the
8        employer shall not be liable for the previous loss so
9        established nor shall he be liable for any loss for
10        which compensation has been paid or awarded.
11            (e) No consideration shall be given to the
12        question of whether or not the ability of an employee
13        to understand speech is improved by the use of a
14        hearing aid.
15            (f) No claim for loss of hearing due to industrial
16        noise shall be brought against an employer or allowed
17        unless the employee has been exposed for a period of
18        time sufficient to cause permanent impairment to noise
19        levels in excess of the following:
20Sound Level DBA
21Slow ResponseHours Per Day
22908
23926
24954
25973
261002

 

 

SB3646- 88 -LRB103 39475 SPS 69670 b

11021-1/2
21051
31101/2
41151/4
5        This subparagraph (f) shall not be applied in cases of
6    hearing loss resulting from trauma or explosion.
7        17. In computing the compensation to be paid to any
8    employee who, before the accident for which he claims
9    compensation, had before that time sustained an injury
10    resulting in the loss by amputation or partial loss by
11    amputation of any member, including hand, arm, thumb or
12    fingers, leg, foot or any toes, such loss or partial loss
13    of any such member shall be deducted from any award made
14    for the subsequent injury. For the permanent loss of use
15    or the permanent partial loss of use of any such member or
16    the partial loss of sight of an eye, for which
17    compensation has been paid, then such loss shall be taken
18    into consideration and deducted from any award for the
19    subsequent injury.
20        18. The specific case of loss of both hands, both
21    arms, or both feet, or both legs, or both eyes, or of any
22    two thereof, or the permanent and complete loss of the use
23    thereof, constitutes total and permanent disability, to be
24    compensated according to the compensation fixed by
25    paragraph (f) of this Section. These specific cases of
26    total and permanent disability do not exclude other cases.

 

 

SB3646- 89 -LRB103 39475 SPS 69670 b

1        Any employee who has previously suffered the loss or
2    permanent and complete loss of the use of any of such
3    members, and in a subsequent independent accident loses
4    another or suffers the permanent and complete loss of the
5    use of any one of such members the employer for whom the
6    injured employee is working at the time of the last
7    independent accident is liable to pay compensation only
8    for the loss or permanent and complete loss of the use of
9    the member occasioned by the last independent accident.
10        19. In a case of specific loss and the subsequent
11    death of such injured employee from other causes than such
12    injury leaving a widow, widower, or dependents surviving
13    before payment or payment in full for such injury, then
14    the amount due for such injury is payable to the widow or
15    widower and, if there be no widow or widower, then to such
16    dependents, in the proportion which such dependency bears
17    to total dependency.
18    Beginning July 1, 1980, and every 6 months thereafter, the
19Commission shall examine the Second Injury Fund and when,
20after deducting all advances or loans made to such Fund, the
21amount therein is $500,000 then the amount required to be paid
22by employers pursuant to paragraph (f) of Section 7 shall be
23reduced by one-half. When the Second Injury Fund reaches the
24sum of $600,000 then the payments shall cease entirely.
25However, when the Second Injury Fund has been reduced to
26$400,000, payment of one-half of the amounts required by

 

 

SB3646- 90 -LRB103 39475 SPS 69670 b

1paragraph (f) of Section 7 shall be resumed, in the manner
2herein provided, and when the Second Injury Fund has been
3reduced to $300,000, payment of the full amounts required by
4paragraph (f) of Section 7 shall be resumed, in the manner
5herein provided. The Commission shall make the changes in
6payment effective by general order, and the changes in payment
7become immediately effective for all cases coming before the
8Commission thereafter either by settlement agreement or final
9order, irrespective of the date of the accidental injury.
10    On August 1, 1996 and on February 1 and August 1 of each
11subsequent year, the Commission shall examine the special fund
12designated as the "Rate Adjustment Fund" and when, after
13deducting all advances or loans made to said fund, the amount
14therein is $4,000,000, the amount required to be paid by
15employers pursuant to paragraph (f) of Section 7 shall be
16reduced by one-half. When the Rate Adjustment Fund reaches the
17sum of $5,000,000 the payment therein shall cease entirely.
18However, when said Rate Adjustment Fund has been reduced to
19$3,000,000 the amounts required by paragraph (f) of Section 7
20shall be resumed in the manner herein provided.
21    (f) In case of complete disability, which renders the
22employee wholly and permanently incapable of work, or in the
23specific case of total and permanent disability as provided in
24subparagraph 18 of paragraph (e) of this Section, compensation
25shall be payable at the rate provided in subparagraph 2 of
26paragraph (b) of this Section for life.

 

 

SB3646- 91 -LRB103 39475 SPS 69670 b

1    An employee entitled to benefits under paragraph (f) of
2this Section shall also be entitled to receive from the Rate
3Adjustment Fund provided in paragraph (f) of Section 7 of the
4supplementary benefits provided in paragraph (g) of this
5Section 8.
6    If any employee who receives an award under this paragraph
7afterwards returns to work or is able to do so, and earns or is
8able to earn as much as before the accident, payments under
9such award shall cease. If such employee returns to work, or is
10able to do so, and earns or is able to earn part but not as
11much as before the accident, such award shall be modified so as
12to conform to an award under paragraph (d) of this Section. If
13such award is terminated or reduced under the provisions of
14this paragraph, such employees have the right at any time
15within 30 months after the date of such termination or
16reduction to file petition with the Commission for the purpose
17of determining whether any disability exists as a result of
18the original accidental injury and the extent thereof.
19    Disability as enumerated in subdivision 18, paragraph (e)
20of this Section is considered complete disability.
21    If an employee who had previously incurred loss or the
22permanent and complete loss of use of one member, through the
23loss or the permanent and complete loss of the use of one hand,
24one arm, one foot, one leg, or one eye, incurs permanent and
25complete disability through the loss or the permanent and
26complete loss of the use of another member, he shall receive,

 

 

SB3646- 92 -LRB103 39475 SPS 69670 b

1in addition to the compensation payable by the employer and
2after such payments have ceased, an amount from the Second
3Injury Fund provided for in paragraph (f) of Section 7, which,
4together with the compensation payable from the employer in
5whose employ he was when the last accidental injury was
6incurred, will equal the amount payable for permanent and
7complete disability as provided in this paragraph of this
8Section.
9    The custodian of the Second Injury Fund provided for in
10paragraph (f) of Section 7 shall be joined with the employer as
11a party respondent in the application for adjustment of claim.
12The application for adjustment of claim shall state briefly
13and in general terms the approximate time and place and manner
14of the loss of the first member.
15    In its award the Commission or the Arbitrator shall
16specifically find the amount the injured employee shall be
17weekly paid, the number of weeks compensation which shall be
18paid by the employer, the date upon which payments begin out of
19the Second Injury Fund provided for in paragraph (f) of
20Section 7 of this Act, the length of time the weekly payments
21continue, the date upon which the pension payments commence
22and the monthly amount of the payments. The Commission shall
2330 days after the date upon which payments out of the Second
24Injury Fund have begun as provided in the award, and every
25month thereafter, prepare and submit to the State Comptroller
26a voucher for payment for all compensation accrued to that

 

 

SB3646- 93 -LRB103 39475 SPS 69670 b

1date at the rate fixed by the Commission. The State
2Comptroller shall draw a warrant to the injured employee along
3with a receipt to be executed by the injured employee and
4returned to the Commission. The endorsed warrant and receipt
5is a full and complete acquittance to the Commission for the
6payment out of the Second Injury Fund. No other appropriation
7or warrant is necessary for payment out of the Second Injury
8Fund. The Second Injury Fund is appropriated for the purpose
9of making payments according to the terms of the awards.
10    As of July 1, 1980 to July 1, 1982, all claims against and
11obligations of the Second Injury Fund shall become claims
12against and obligations of the Rate Adjustment Fund to the
13extent there is insufficient money in the Second Injury Fund
14to pay such claims and obligations. In that case, all
15references to "Second Injury Fund" in this Section shall also
16include the Rate Adjustment Fund.
17    (g) Every award for permanent total disability entered by
18the Commission on and after July 1, 1965 under which
19compensation payments shall become due and payable after the
20effective date of this amendatory Act, and every award for
21death benefits or permanent total disability entered by the
22Commission on and after the effective date of this amendatory
23Act shall be subject to annual adjustments as to the amount of
24the compensation rate therein provided. Such adjustments shall
25first be made on July 15, 1977, and all awards made and entered
26prior to July 1, 1975 and on July 15 of each year thereafter.

 

 

SB3646- 94 -LRB103 39475 SPS 69670 b

1In all other cases such adjustment shall be made on July 15 of
2the second year next following the date of the entry of the
3award and shall further be made on July 15 annually
4thereafter. If during the intervening period from the date of
5the entry of the award, or the last periodic adjustment, there
6shall have been an increase in the State's average weekly wage
7in covered industries under the Unemployment Insurance Act,
8the weekly compensation rate shall be proportionately
9increased by the same percentage as the percentage of increase
10in the State's average weekly wage in covered industries under
11the Unemployment Insurance Act. The increase in the
12compensation rate under this paragraph shall in no event bring
13the total compensation rate to an amount greater than the
14prevailing maximum rate at the time that the annual adjustment
15is made. Such increase shall be paid in the same manner as
16herein provided for payments under the Second Injury Fund to
17the injured employee, or his dependents, as the case may be,
18out of the Rate Adjustment Fund provided in paragraph (f) of
19Section 7 of this Act. Payments shall be made at the same
20intervals as provided in the award or, at the option of the
21Commission, may be made in quarterly payment on the 15th day of
22January, April, July and October of each year. In the event of
23a decrease in such average weekly wage there shall be no change
24in the then existing compensation rate. The within paragraph
25shall not apply to cases where there is disputed liability and
26in which a compromise lump sum settlement between the employer

 

 

SB3646- 95 -LRB103 39475 SPS 69670 b

1and the injured employee, or his dependents, as the case may
2be, has been duly approved by the Illinois Workers'
3Compensation Commission.
4    Provided, that in cases of awards entered by the
5Commission for injuries occurring before July 1, 1975, the
6increases in the compensation rate adjusted under the
7foregoing provision of this paragraph (g) shall be limited to
8increases in the State's average weekly wage in covered
9industries under the Unemployment Insurance Act occurring
10after July 1, 1975.
11    For every accident occurring on or after July 20, 2005 but
12before the effective date of this amendatory Act of the 94th
13General Assembly (Senate Bill 1283 of the 94th General
14Assembly), the annual adjustments to the compensation rate in
15awards for death benefits or permanent total disability, as
16provided in this Act, shall be paid by the employer. The
17adjustment shall be made by the employer on July 15 of the
18second year next following the date of the entry of the award
19and shall further be made on July 15 annually thereafter. If
20during the intervening period from the date of the entry of the
21award, or the last periodic adjustment, there shall have been
22an increase in the State's average weekly wage in covered
23industries under the Unemployment Insurance Act, the employer
24shall increase the weekly compensation rate proportionately by
25the same percentage as the percentage of increase in the
26State's average weekly wage in covered industries under the

 

 

SB3646- 96 -LRB103 39475 SPS 69670 b

1Unemployment Insurance Act. The increase in the compensation
2rate under this paragraph shall in no event bring the total
3compensation rate to an amount greater than the prevailing
4maximum rate at the time that the annual adjustment is made. In
5the event of a decrease in such average weekly wage there shall
6be no change in the then existing compensation rate. Such
7increase shall be paid by the employer in the same manner and
8at the same intervals as the payment of compensation in the
9award. This paragraph shall not apply to cases where there is
10disputed liability and in which a compromise lump sum
11settlement between the employer and the injured employee, or
12his or her dependents, as the case may be, has been duly
13approved by the Illinois Workers' Compensation Commission.
14    The annual adjustments for every award of death benefits
15or permanent total disability involving accidents occurring
16before July 20, 2005 and accidents occurring on or after the
17effective date of this amendatory Act of the 94th General
18Assembly (Senate Bill 1283 of the 94th General Assembly) shall
19continue to be paid from the Rate Adjustment Fund pursuant to
20this paragraph and Section 7(f) of this Act.
21    (h) In case death occurs from any cause before the total
22compensation to which the employee would have been entitled
23has been paid, then in case the employee leaves any widow,
24widower, child, parent (or any grandchild, grandparent or
25other lineal heir or any collateral heir dependent at the time
26of the accident upon the earnings of the employee to the extent

 

 

SB3646- 97 -LRB103 39475 SPS 69670 b

1of 50% or more of total dependency) such compensation shall be
2paid to the beneficiaries of the deceased employee and
3distributed as provided in paragraph (g) of Section 7.
4    (h-1) In case an injured employee is under legal
5disability at the time when any right or privilege accrues to
6him or her under this Act, a guardian may be appointed pursuant
7to law, and may, on behalf of such person under legal
8disability, claim and exercise any such right or privilege
9with the same effect as if the employee himself or herself had
10claimed or exercised the right or privilege. No limitations of
11time provided by this Act run so long as the employee who is
12under legal disability is without a conservator or guardian.
13    (i) In case the injured employee is under 16 years of age
14at the time of the accident and is illegally employed, the
15amount of compensation payable under paragraphs (b), (c), (d),
16(e) and (f) of this Section is increased 50%.
17    However, where an employer has on file an employment
18certificate issued pursuant to the Child Labor Law of 2024 or
19work permit issued pursuant to the Federal Fair Labor
20Standards Act, as amended, or a birth certificate properly and
21duly issued, such certificate, permit or birth certificate is
22conclusive evidence as to the age of the injured minor
23employee for the purposes of this Section.
24    Nothing herein contained repeals or amends the provisions
25of the Child Labor Law of 2024 relating to the employment of
26minors under the age of 16 years.

 

 

SB3646- 98 -LRB103 39475 SPS 69670 b

1    (j) 1. In the event the injured employee receives
2benefits, including medical, surgical or hospital benefits
3under any group plan covering non-occupational disabilities
4contributed to wholly or partially by the employer, which
5benefits should not have been payable if any rights of
6recovery existed under this Act, then such amounts so paid to
7the employee from any such group plan as shall be consistent
8with, and limited to, the provisions of paragraph 2 hereof,
9shall be credited to or against any compensation payment for
10temporary total incapacity for work or any medical, surgical
11or hospital benefits made or to be made under this Act. In such
12event, the period of time for giving notice of accidental
13injury and filing application for adjustment of claim does not
14commence to run until the termination of such payments. This
15paragraph does not apply to payments made under any group plan
16which would have been payable irrespective of an accidental
17injury under this Act. Any employer receiving such credit
18shall keep such employee safe and harmless from any and all
19claims or liabilities that may be made against him by reason of
20having received such payments only to the extent of such
21credit.
22    Any excess benefits paid to or on behalf of a State
23employee by the State Employees' Retirement System under
24Article 14 of the Illinois Pension Code on a death claim or
25disputed disability claim shall be credited against any
26payments made or to be made by the State of Illinois to or on

 

 

SB3646- 99 -LRB103 39475 SPS 69670 b

1behalf of such employee under this Act, except for payments
2for medical expenses which have already been incurred at the
3time of the award. The State of Illinois shall directly
4reimburse the State Employees' Retirement System to the extent
5of such credit.
6    2. Nothing contained in this Act shall be construed to
7give the employer or the insurance carrier the right to credit
8for any benefits or payments received by the employee other
9than compensation payments provided by this Act, and where the
10employee receives payments other than compensation payments,
11whether as full or partial salary, group insurance benefits,
12bonuses, annuities or any other payments, the employer or
13insurance carrier shall receive credit for each such payment
14only to the extent of the compensation that would have been
15payable during the period covered by such payment.
16    3. The extension of time for the filing of an Application
17for Adjustment of Claim as provided in paragraph 1 above shall
18not apply to those cases where the time for such filing had
19expired prior to the date on which payments or benefits
20enumerated herein have been initiated or resumed. Provided
21however that this paragraph 3 shall apply only to cases
22wherein the payments or benefits hereinabove enumerated shall
23be received after July 1, 1969.
24(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
2597-813, eff. 7-13-12.)
 
26    Section 999. Effective date. This Act shall take effect

 

 

SB3646- 100 -LRB103 39475 SPS 69670 b

1January 1, 2025, with the exception of Sections 95 and 100,
2which shall take effect July 1, 2024.