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Public Act 102-1030 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Legislative intent. It is the intent of the | ||||
General Assembly in enacting this amendatory Act of the 102nd | ||||
General Assembly to make only nonsubstantive changes that | ||||
remove the dehumanizing term "alien" from all Illinois | ||||
statutory provisions. No change made by this amendatory Act of | ||||
the 102nd General Assembly shall be interpreted so as to make | ||||
any substantive change to existing law, including, but not | ||||
limited to, eligibility for federal programs or benefits that | ||||
are available to a person who meets the definition of "alien" | ||||
under State or federal law. | ||||
Section 5. The Illinois Notary Public Act is amended by | ||||
changing Section 2-102 as follows:
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(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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(Text of Section before amendment by P.A. 102-160 )
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Sec. 2-102. Application. Every applicant for appointment | ||||
and commission as a notary shall complete
an application in a | ||||
format prescribed by the Secretary of State to be filed with
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the Secretary of State, stating:
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(a) the applicant's official name, as it appears on |
his or her current driver's license or state-issued | ||
identification card;
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(b) the county in which the applicant resides
or, if | ||
the applicant is a resident of a state bordering Illinois, | ||
the county
in Illinois in which that person's principal | ||
place of work or principal place
of business is located;
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(c) the applicant's residence address, as it appears | ||
on his or her current driver's license or state-issued | ||
identification card;
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(c-5) the applicant's business address if different | ||
than the applicant's residence address, if performing | ||
notarial acts constitutes any portion of the applicant's | ||
job duties; | ||
(d) that the applicant has resided in the State of | ||
Illinois for 30 days
preceding the application
or that the | ||
applicant who is a resident of a state bordering Illinois | ||
has
worked or maintained a business in Illinois for 30 | ||
days preceding the
application;
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(e) that the applicant is a citizen of the United | ||
States or a person an alien
lawfully admitted for | ||
permanent residence in the United States;
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(f) the applicant's date of birth;
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(g) that the applicant is able to read and write the | ||
English language;
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(h) that the applicant has never been the holder of a | ||
notary public appointment that was revoked or suspended
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during the past 10 years;
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(i) that the applicant has not been convicted of a | ||
felony;
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(i-5) that the applicant's signature authorizes the | ||
Office of the Secretary of State to conduct a verification | ||
to confirm the information provided in the application, | ||
including a criminal background check of the applicant, if | ||
necessary; and | ||
(j) any other information the Secretary of State deems | ||
necessary.
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(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19 .)
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(Text of Section after amendment by P.A. 102-160 ) | ||
Sec. 2-102. Application. | ||
(a) Application for notary public commission. Every | ||
applicant for appointment and commission as a notary shall | ||
complete
an application in a format prescribed by the | ||
Secretary of State to be filed with
the Secretary of State, | ||
stating:
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(1) the applicant's official name, as it appears on | ||
his or her current driver's license or state-issued | ||
identification card;
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(2) the county in which the applicant resides
or, if | ||
the applicant is a resident of a state bordering Illinois, | ||
the county
in Illinois in which that person's principal | ||
place of work or principal place
of business is located;
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(3) the applicant's residence address, as it appears | ||
on his or her current driver's license or state-issued | ||
identification card;
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(4) the applicant's e-mail address; | ||
(5) the applicant's business address if different than | ||
the applicant's residence address, if performing notarial | ||
acts constitutes any portion of the applicant's job | ||
duties; | ||
(6) that the applicant has resided in the State of | ||
Illinois for 30 days
preceding the application
or that the | ||
applicant who is a resident of a state bordering Illinois | ||
has
worked or maintained a business in Illinois for 30 | ||
days preceding the
application;
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(7) that the applicant is a citizen of the United | ||
States or
lawfully admitted for permanent residence in the | ||
United States;
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(8) the applicant's date of birth;
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(9) that the applicant is proficient in the the | ||
English language;
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(10) that the applicant has not had a prior | ||
application or commission revoked due to a finding or | ||
decision by the Secretary of State;
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(11) that the applicant has not been convicted of a | ||
felony;
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(12) that the applicant's signature authorizes the | ||
Office of the Secretary of State to conduct a verification |
to confirm the information provided in the application, | ||
including a criminal background check of the applicant, if | ||
necessary; | ||
(13) that the applicant has provided satisfactory | ||
proof to the Secretary of State that the applicant has | ||
successfully completed any required course of study on | ||
notarization; and | ||
(14) any other information the Secretary of State | ||
deems necessary.
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(b) Any notary appointed under subsection (a) shall have | ||
the authority to conduct remote notarizations. | ||
(c) Application for electronic notary public commission. | ||
An application for an electronic notary public commission must | ||
be filed with the Secretary of State in a manner prescribed by | ||
the Secretary of State. Every applicant for appointment and | ||
commission as an electronic notary public shall complete an | ||
application to be filed with the Secretary of State, stating: | ||
(1) all information required to be included in an | ||
application for appointment as an electronic notary | ||
public, as provided under subsection (a); | ||
(2) that the applicant is commissioned as a notary | ||
public under this Act; | ||
(3) the applicant's email address; | ||
(4) that the applicant has provided satisfactory proof | ||
to the Secretary of State that the applicant has | ||
successfully completed any required course of study on |
electronic notarization and passed a qualifying | ||
examination; | ||
(5) a description of the technology or device that the | ||
applicant intends to use to create his or her electronic | ||
signature in performing electronic notarial acts; | ||
(6) the electronic signature of the applicant; and | ||
(7) any other information the Secretary of State deems | ||
necessary. | ||
(d) Electronic notarial acts. Before an electronic notary | ||
public performs an electronic notarial act using audio-video | ||
communication, he or she must be granted an electronic notary | ||
public commission by the Secretary of State under this | ||
Section, and identify the technology that the electronic | ||
notary public intends to use, which must be approved by the | ||
Secretary of State. | ||
(e) Approval of commission. Upon the applicant's | ||
fulfillment of the requirements for a notarial commission or | ||
an electronic notary public commission, the Secretary of State | ||
shall approve the commission and issue to the applicant a | ||
unique commission number. | ||
(f) Rejection of application. The Secretary of State may | ||
reject an application for a notarial commission or an | ||
electronic notary public commission if the applicant fails to | ||
comply with any Section of this Act. | ||
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for | ||
effective date of P.A. 102-160).)
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Section 15. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Section 605-800 as follows:
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(20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
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Sec. 605-800. Training grants for skills in critical | ||
demand.
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(a) Grants to provide training in fields affected by | ||
critical
demands for certain skills may be made as provided in | ||
this Section.
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(b) The Director may make grants to eligible employers or | ||
to other eligible
entities on behalf of employers as | ||
authorized in subsection (c) to provide
training for employees | ||
in fields for which there are critical demands for
certain | ||
skills. No participating employee may be a person without | ||
employment authorization under federal law an unauthorized | ||
alien, as defined in 8 U.S.C. 1324a .
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(c) The Director may accept applications for training | ||
grant funds and grant
requests from: (i) entities sponsoring | ||
multi-company eligible employee
training projects as defined | ||
in subsection (d), including business
associations, strategic | ||
business partnerships, institutions of secondary or
higher | ||
education, large manufacturers for supplier network companies, | ||
federal
Job Training Partnership Act administrative entities | ||
or grant recipients, and
labor organizations when those |
projects will address common training needs
identified by | ||
participating companies; and (ii) individual employers that | ||
are
undertaking eligible employee training projects as defined | ||
in subsection
(d), including intermediaries and training | ||
agents.
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(d) The Director may make grants to eligible applicants as
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defined in subsection (c) for employee training projects that
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include, but need not be limited to, one or more of the | ||
following:
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(1) Training programs in response to new or changing
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technology being introduced in the workplace.
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(2) Job-linked training that offers special skills for | ||
career
advancement or that is preparatory for, and leads | ||
directly to, jobs with
definite career potential and | ||
long-term job security.
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(3) Training necessary to implement total quality | ||
management
or improvement or both management and | ||
improvement systems within the
workplace.
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(4) Training related to new machinery or equipment.
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(5) Training of employees of companies that are | ||
expanding into
new markets or expanding exports from | ||
Illinois.
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(6) Basic, remedial, or both basic and remedial | ||
training of employees
as a prerequisite for other | ||
vocational or technical skills training or as a
condition | ||
for sustained employment.
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(7) Self-employment training of the unemployed and | ||
underemployed with
comprehensive, competency-based | ||
instructional programs and services,
entrepreneurial | ||
education and training initiatives for youth and adult
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learners in cooperation with the Illinois Institute for | ||
Entrepreneurial
Education, training and education, | ||
conferences, workshops, and best practice
information for | ||
local program operators of entrepreneurial education and
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self-employment training programs.
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(8) Other training activities or projects, or both | ||
training activities and
projects, related to the support, | ||
development, or evaluation of job training
programs, | ||
activities, and delivery systems, including training needs | ||
assessment
and design.
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(e) Grants shall be made on the terms and conditions that | ||
the Department
shall determine. No grant made under subsection | ||
(d), however, shall exceed 50%
of the direct costs of all | ||
approved training programs provided by the employer
or the | ||
employer's training agent or other entity as defined in | ||
subsection
(c). Under this Section, allowable costs include, | ||
but are not limited to:
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(1) Administrative costs of tracking, documenting, | ||
reporting, and
processing training funds or project costs.
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(2) Curriculum development.
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(3) Wages and fringe benefits of employees.
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(4) Training materials, including scrap product costs.
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(5) Trainee travel expenses.
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(6) Instructor costs, including wages, fringe | ||
benefits,
tuition, and travel expenses.
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(7) Rent, purchase, or lease of training equipment.
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(8) Other usual and customary training costs.
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(f) The Department may conduct on-site grant
monitoring | ||
visits to verify trainee employment dates and wages and to | ||
ensure that the grantee's financial management system is
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structured to provide for accurate, current, and complete | ||
disclosure of the
financial results of the grant program in | ||
accordance with all provisions,
terms, and conditions | ||
contained in the grant contract. Each applicant must, on | ||
request by the Department, provide to the Department a | ||
notarized certification signed and dated by a duly authorized | ||
representative of the applicant, or that representative's | ||
authorized designee, certifying that all participating | ||
employees are employed at an Illinois facility and, for each | ||
participating employee, stating the employee's name and | ||
providing either (i) the employee's social security number or | ||
(ii) a statement that the applicant has adequate written | ||
verification that the employee is employed at an Illinois | ||
facility. The Department may audit the accuracy of | ||
submissions. Applicants sponsoring multi-company training | ||
grant programs shall obtain information meeting the | ||
requirement of this subsection from each participating company | ||
and provide it to the Department upon request.
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(g) The Director may establish and collect a schedule of
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charges from subgrantee entities and other system users under | ||
federal
job-training programs for participating in and | ||
utilizing the Department's
automated job-training program | ||
information systems if the systems and the
necessary | ||
participation and utilization are requirements of the federal
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job-training programs. All monies collected pursuant to this | ||
subsection
shall be deposited into the Federal Workforce | ||
Training Fund and may be used, subject to appropriation by the | ||
General Assembly, only for the purpose of financing the | ||
maintenance and operation of the automated federal | ||
job-training information systems.
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(Source: P.A. 99-933, eff. 1-27-17.)
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Section 20. The Illinois Guaranteed Job Opportunity Act is | ||
amended by changing Section 25 as follows:
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(20 ILCS 1510/25)
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Sec. 25. Program eligibility.
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(a) General Rule. An individual is eligible to participate | ||
in the job
projects assisted under this Act if the individual:
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(1) is at least 16 years of age;
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(2) has resided in the eligible area for at least 30 | ||
days;
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(3) has been unemployed for 35 days prior to the | ||
determination of
employment for job projects assisted |
under this Act;
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(4) is a citizen of the United States, is a national of | ||
the United
States, is a lawfully admitted permanent | ||
resident alien , is a lawfully
admitted refugee or parolee, | ||
or is otherwise authorized by the United States
Attorney | ||
General to work in the United States; and
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(5) is a recipient of assistance
under Article IV of | ||
the Illinois Public Aid Code.
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(b) Limitations.
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(1) (Blank).
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(2) (Blank).
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(3) No individual participating in the job opportunity | ||
project
assisted under this Act may work in any | ||
compensated job other than the
job assisted under this Act | ||
for more than 20 hours per week.
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(4) Individuals participating
under this Act shall | ||
seek employment during the period of employment
assisted | ||
under this Act.
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(5) Any individual eligible for retirement benefits | ||
under the Social
Security Act, under any retirement system | ||
for Federal Government employees,
under the railroad | ||
retirement system, under the military retirement system,
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under a State or local government pension plan or | ||
retirement system,
or any private pension program is not | ||
eligible to receive a job under a job
project assisted | ||
under this Act.
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(Source: P.A. 93-46, eff. 7-1-03.)
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Section 25. The Illinois Income Tax Act is amended by | ||
changing Section 1501 as follows:
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(35 ILCS 5/1501) (from Ch. 120, par. 15-1501)
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Sec. 1501. Definitions.
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(a) In general. When used in this Act, where not
otherwise | ||
distinctly expressed or manifestly incompatible with the | ||
intent
thereof:
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(1) Business income. The term "business income" means | ||
all income that may be treated as apportionable business | ||
income under the Constitution of the United States. | ||
Business income is net of the deductions allocable | ||
thereto. Such term does not include compensation
or the | ||
deductions allocable thereto.
For each taxable year | ||
beginning on or after January 1, 2003, a taxpayer may
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elect to treat all income other than compensation as | ||
business income. This
election shall be made in accordance | ||
with rules adopted by the Department and,
once made, shall | ||
be irrevocable.
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(1.5) Captive real estate investment trust:
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(A) The term "captive real estate investment | ||
trust" means a corporation, trust, or association:
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(i) that is considered a real estate | ||
investment trust for the taxable year under |
Section 856 of the Internal Revenue Code;
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(ii) the certificates of beneficial interest | ||
or shares of which are not regularly traded on an | ||
established securities market; and | ||
(iii) of which more than 50% of the voting | ||
power or value of the beneficial interest or | ||
shares, at any time during the last half of the | ||
taxable year, is owned or controlled, directly, | ||
indirectly, or constructively, by a single | ||
corporation. | ||
(B) The term "captive real estate investment | ||
trust" does not include: | ||
(i) a real estate investment trust of which | ||
more than 50% of the voting power or value of the | ||
beneficial interest or shares is owned or | ||
controlled, directly, indirectly, or | ||
constructively, by: | ||
(a) a real estate investment trust, other | ||
than a captive real estate investment trust; | ||
(b) a person who is exempt from taxation | ||
under Section 501 of the Internal Revenue | ||
Code, and who is not required to treat income | ||
received from the real estate investment trust | ||
as unrelated business taxable income under | ||
Section 512 of the Internal Revenue Code; | ||
(c) a listed Australian property trust, if |
no more than 50% of the voting power or value | ||
of the beneficial interest or shares of that | ||
trust, at any time during the last half of the | ||
taxable year, is owned or controlled, directly | ||
or indirectly, by a single person; | ||
(d) an entity organized as a trust, | ||
provided a listed Australian property trust | ||
described in subparagraph (c) owns or | ||
controls, directly or indirectly, or | ||
constructively, 75% or more of the voting | ||
power or value of the beneficial interests or | ||
shares of such entity; or | ||
(e) an entity that is organized outside of | ||
the laws of the United States and that | ||
satisfies all of the following criteria: | ||
(1) at least 75% of the entity's total | ||
asset value at the close of its taxable | ||
year is represented by real estate assets | ||
(as defined in Section 856(c)(5)(B) of the | ||
Internal Revenue Code, thereby including | ||
shares or certificates of beneficial | ||
interest in any real estate investment | ||
trust), cash and cash equivalents, and | ||
U.S. Government securities; | ||
(2) the entity is not subject to tax | ||
on amounts that are distributed to its |
beneficial owners or is exempt from | ||
entity-level taxation; | ||
(3) the entity distributes at least | ||
85% of its taxable income (as computed in | ||
the jurisdiction in which it is organized) | ||
to the holders of its shares or | ||
certificates of beneficial interest on an | ||
annual basis; | ||
(4) either (i) the shares or | ||
beneficial interests of the entity are | ||
regularly traded on an established | ||
securities market or (ii) not more than | ||
10% of the voting power or value in the | ||
entity is held, directly, indirectly, or | ||
constructively, by a single entity or | ||
individual; and | ||
(5) the entity is organized in a | ||
country that has entered into a tax treaty | ||
with the United States; or | ||
(ii) during its first taxable year for which | ||
it elects to be treated as a real estate | ||
investment trust under Section 856(c)(1) of the | ||
Internal Revenue Code, a real estate investment | ||
trust the certificates of beneficial interest or | ||
shares of which are not regularly traded on an | ||
established securities market, but only if the |
certificates of beneficial interest or shares of | ||
the real estate investment trust are regularly | ||
traded on an established securities market prior | ||
to the earlier of the due date (including | ||
extensions) for filing its return under this Act | ||
for that first taxable year or the date it | ||
actually files that return. | ||
(C) For the purposes of this subsection (1.5), the | ||
constructive ownership rules prescribed under Section | ||
318(a) of the Internal Revenue Code, as modified by | ||
Section 856(d)(5) of the Internal Revenue Code, apply | ||
in determining the ownership of stock, assets, or net | ||
profits of any person.
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(D) For the purposes of this item (1.5), for | ||
taxable years ending on or after August 16, 2007, the | ||
voting power or value of the beneficial interest or | ||
shares of a real estate investment trust does not | ||
include any voting power or value of beneficial | ||
interest or shares in a real estate investment trust | ||
held directly or indirectly in a segregated asset | ||
account by a life insurance company (as described in | ||
Section 817 of the Internal Revenue Code) to the | ||
extent such voting power or value is for the benefit of | ||
entities or persons who are either immune from | ||
taxation or exempt from taxation under subtitle A of | ||
the Internal Revenue Code. |
(2) Commercial domicile. The term "commercial | ||
domicile" means the
principal
place from which the trade | ||
or business of the taxpayer is directed or managed.
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(3) Compensation. The term "compensation" means wages, | ||
salaries,
commissions
and any other form of remuneration | ||
paid to employees for personal services.
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(4) Corporation. The term "corporation" includes | ||
associations, joint-stock
companies, insurance companies | ||
and cooperatives. Any entity, including a
limited | ||
liability company formed under the Illinois Limited | ||
Liability Company
Act, shall be treated as a corporation | ||
if it is so classified for federal
income tax purposes.
| ||
(5) Department. The term "Department" means the | ||
Department of Revenue of
this State.
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(6) Director. The term "Director" means the Director | ||
of Revenue of this
State.
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(7) Fiduciary. The term "fiduciary" means a guardian, | ||
trustee, executor,
administrator, receiver, or any person | ||
acting in any fiduciary capacity for any
person.
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(8) Financial organization.
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(A) The term "financial organization" means
any
| ||
bank, bank holding company, trust company, savings | ||
bank, industrial bank,
land bank, safe deposit | ||
company, private banker, savings and loan association,
| ||
building and loan association, credit union, currency | ||
exchange, cooperative
bank, small loan company, sales |
finance company, investment company, or any
person | ||
which is owned by a bank or bank holding company. For | ||
the purpose of
this Section a "person" will include | ||
only those persons which a bank holding
company may | ||
acquire and hold an interest in, directly or | ||
indirectly, under the
provisions of the Bank Holding | ||
Company Act of 1956 (12 U.S.C. 1841, et seq.),
except | ||
where interests in any person must be disposed of | ||
within certain
required time limits under the Bank | ||
Holding Company Act of 1956.
| ||
(B) For purposes of subparagraph (A) of this | ||
paragraph, the term
"bank" includes (i) any entity | ||
that is regulated by the Comptroller of the
Currency | ||
under the National Bank Act, or by the Federal Reserve | ||
Board, or by
the
Federal Deposit Insurance Corporation | ||
and (ii) any federally or State chartered
bank
| ||
operating as a credit card bank.
| ||
(C) For purposes of subparagraph (A) of this | ||
paragraph, the term
"sales finance company" has the | ||
meaning provided in the following item (i) or
(ii):
| ||
(i) A person primarily engaged in one or more | ||
of the following
businesses: the business of | ||
purchasing customer receivables, the business
of | ||
making loans upon the security of customer | ||
receivables, the
business of making loans for the | ||
express purpose of funding purchases of
tangible |
personal property or services by the borrower, or | ||
the business of
finance leasing. For purposes of | ||
this item (i), "customer receivable"
means:
| ||
(a) a retail installment contract or | ||
retail charge agreement within
the
meaning
of | ||
the Sales Finance Agency Act, the Retail | ||
Installment Sales Act, or the
Motor Vehicle | ||
Retail Installment Sales Act;
| ||
(b) an installment, charge, credit, or | ||
similar contract or agreement
arising from
the | ||
sale of tangible personal property or services | ||
in a transaction involving
a deferred payment | ||
price payable in one or more installments | ||
subsequent
to the sale; or
| ||
(c) the outstanding balance of a contract | ||
or agreement described in
provisions
(a) or | ||
(b) of this item (i).
| ||
A customer receivable need not provide for | ||
payment of interest on
deferred
payments. A sales | ||
finance company may purchase a customer receivable | ||
from, or
make a loan secured by a customer | ||
receivable to, the seller in the original
| ||
transaction or to a person who purchased the | ||
customer receivable directly or
indirectly from | ||
that seller.
| ||
(ii) A corporation meeting each of the |
following criteria:
| ||
(a) the corporation must be a member of an | ||
"affiliated group" within
the
meaning of | ||
Section 1504(a) of the Internal Revenue Code, | ||
determined
without regard to Section 1504(b) | ||
of the Internal Revenue Code;
| ||
(b) more than 50% of the gross income of | ||
the corporation for the
taxable
year
must be | ||
interest income derived from qualifying loans. | ||
A "qualifying
loan" is a loan made to a member | ||
of the corporation's affiliated group that
| ||
originates customer receivables (within the | ||
meaning of item (i)) or to whom
customer | ||
receivables originated by a member of the | ||
affiliated group have been
transferred, to
the | ||
extent the average outstanding balance of | ||
loans from that corporation
to members of its | ||
affiliated group during the taxable year do | ||
not exceed
the limitation amount for that | ||
corporation. The "limitation amount" for a
| ||
corporation is the average outstanding | ||
balances during the taxable year of
customer | ||
receivables (within the meaning of item (i)) | ||
originated by
all members of the affiliated | ||
group.
If the average outstanding balances of | ||
the
loans made by a corporation to members of |
its affiliated group exceed the
limitation | ||
amount, the interest income of that | ||
corporation from qualifying
loans shall be | ||
equal to its interest income from loans to | ||
members of its
affiliated groups times a | ||
fraction equal to the limitation amount | ||
divided by
the average outstanding balances of | ||
the loans made by that corporation to
members | ||
of its affiliated group;
| ||
(c) the total of all shareholder's equity | ||
(including, without
limitation,
paid-in
| ||
capital on common and preferred stock and | ||
retained earnings) of the
corporation plus the | ||
total of all of its loans, advances, and other
| ||
obligations payable or owed to members of its | ||
affiliated group may not
exceed 20% of the | ||
total assets of the corporation at any time | ||
during the tax
year; and
| ||
(d) more than 50% of all interest-bearing | ||
obligations of the
affiliated group payable to | ||
persons outside the group determined in | ||
accordance
with generally accepted accounting | ||
principles must be obligations of the
| ||
corporation.
| ||
This amendatory Act of the 91st General Assembly | ||
is declaratory of
existing
law.
|
(D) Subparagraphs
(B) and (C) of this paragraph | ||
are declaratory of
existing law and apply | ||
retroactively, for all tax years beginning on or | ||
before
December 31, 1996,
to all original returns, to | ||
all amended returns filed no later than 30
days after | ||
the effective date of this amendatory Act of 1996, and | ||
to all
notices issued on or before the effective date | ||
of this amendatory Act of 1996
under subsection (a) of | ||
Section 903, subsection (a) of Section 904,
subsection | ||
(e) of Section 909, or Section 912.
A taxpayer that is | ||
a "financial organization" that engages in any | ||
transaction
with an affiliate shall be a "financial | ||
organization" for all purposes of this
Act.
| ||
(E) For all tax years beginning on or
before | ||
December 31, 1996, a taxpayer that falls within the | ||
definition
of a
"financial organization" under | ||
subparagraphs (B) or (C) of this paragraph, but
who | ||
does
not fall within the definition of a "financial | ||
organization" under the Proposed
Regulations issued by | ||
the Department of Revenue on July 19, 1996, may
| ||
irrevocably elect to apply the Proposed Regulations | ||
for all of those years as
though the Proposed | ||
Regulations had been lawfully promulgated, adopted, | ||
and in
effect for all of those years. For purposes of | ||
applying subparagraphs (B) or
(C) of
this
paragraph to | ||
all of those years, the election allowed by this |
subparagraph
applies only to the taxpayer making the | ||
election and to those members of the
taxpayer's | ||
unitary business group who are ordinarily required to | ||
apportion
business income under the same subsection of | ||
Section 304 of this Act as the
taxpayer making the | ||
election. No election allowed by this subparagraph | ||
shall
be made under a claim
filed under subsection (d) | ||
of Section 909 more than 30 days after the
effective | ||
date of this amendatory Act of 1996.
| ||
(F) Finance Leases. For purposes of this | ||
subsection, a finance lease
shall be treated as a loan | ||
or other extension of credit, rather than as a
lease,
| ||
regardless of how the transaction is characterized for | ||
any other purpose,
including the purposes of any | ||
regulatory agency to which the lessor is subject.
A | ||
finance lease is any transaction in the form of a lease | ||
in which the lessee
is treated as the owner of the | ||
leased asset entitled to any deduction for
| ||
depreciation allowed under Section 167 of the Internal | ||
Revenue Code.
| ||
(9) Fiscal year. The term "fiscal year" means an | ||
accounting period of
12 months ending on the last day of | ||
any month other than December.
| ||
(9.5) Fixed place of business. The term "fixed place | ||
of business" has the same meaning as that term is given in | ||
Section 864 of the Internal Revenue Code and the related |
Treasury regulations. | ||
(10) Includes and including. The terms "includes" and | ||
"including" when
used in a definition contained in this | ||
Act shall not be deemed to exclude
other things otherwise | ||
within the meaning of the term defined.
| ||
(11) Internal Revenue Code. The term "Internal Revenue | ||
Code" means the
United States Internal Revenue Code of | ||
1954 or any successor law or laws
relating to federal | ||
income taxes in effect for the taxable year.
| ||
(11.5) Investment partnership. | ||
(A) The term "investment partnership" means any | ||
entity that is treated as a partnership for federal | ||
income tax purposes that meets the following | ||
requirements: | ||
(i) no less than 90% of the partnership's cost | ||
of its total assets consists of qualifying | ||
investment securities, deposits at banks or other | ||
financial institutions, and office space and | ||
equipment reasonably necessary to carry on its | ||
activities as an investment partnership; | ||
(ii) no less than 90% of its gross income | ||
consists of interest, dividends, and gains from | ||
the sale or exchange of qualifying investment | ||
securities; and
| ||
(iii) the partnership is not a dealer in | ||
qualifying investment securities. |
(B) For purposes of this paragraph (11.5), the | ||
term "qualifying investment securities" includes all | ||
of the following:
| ||
(i) common stock, including preferred or debt | ||
securities convertible into common stock, and | ||
preferred stock; | ||
(ii) bonds, debentures, and other debt | ||
securities; | ||
(iii) foreign and domestic currency deposits | ||
secured by federal, state, or local governmental | ||
agencies; | ||
(iv) mortgage or asset-backed securities | ||
secured by federal, state, or local governmental | ||
agencies; | ||
(v) repurchase agreements and loan | ||
participations; | ||
(vi) foreign currency exchange contracts and | ||
forward and futures contracts on foreign | ||
currencies; | ||
(vii) stock and bond index securities and | ||
futures contracts and other similar financial | ||
securities and futures contracts on those | ||
securities;
| ||
(viii) options for the purchase or sale of any | ||
of the securities, currencies, contracts, or | ||
financial instruments described in items (i) to |
(vii), inclusive;
| ||
(ix) regulated futures contracts;
| ||
(x) commodities (not described in Section | ||
1221(a)(1) of the Internal Revenue Code) or | ||
futures, forwards, and options with respect to | ||
such commodities, provided, however, that any item | ||
of a physical commodity to which title is actually | ||
acquired in the partnership's capacity as a dealer | ||
in such commodity shall not be a qualifying | ||
investment security;
| ||
(xi) derivatives; and
| ||
(xii) a partnership interest in another | ||
partnership that is an investment partnership.
| ||
(12) Mathematical error. The term "mathematical error" | ||
includes the
following types of errors, omissions, or | ||
defects in a return filed by a
taxpayer which prevents | ||
acceptance of the return as filed for processing:
| ||
(A) arithmetic errors or incorrect computations on | ||
the return or
supporting schedules;
| ||
(B) entries on the wrong lines;
| ||
(C) omission of required supporting forms or | ||
schedules or the omission
of the information in whole | ||
or in part called for thereon; and
| ||
(D) an attempt to claim, exclude, deduct, or | ||
improperly report, in a
manner
directly contrary to | ||
the provisions of the Act and regulations thereunder
|
any item of income, exemption, deduction, or credit.
| ||
(13) Nonbusiness income. The term "nonbusiness income" | ||
means all income
other than business income or | ||
compensation.
| ||
(14) Nonresident. The term "nonresident" means a | ||
person who is not a
resident.
| ||
(15) Paid, incurred and accrued. The terms "paid", | ||
"incurred" and
"accrued"
shall be construed according to | ||
the method of accounting upon the basis
of which the | ||
person's base income is computed under this Act.
| ||
(16) Partnership and partner. The term "partnership" | ||
includes a syndicate,
group, pool, joint venture or other | ||
unincorporated organization, through
or by means of which | ||
any business, financial operation, or venture is carried
| ||
on, and which is not, within the meaning of this Act, a | ||
trust or estate
or a corporation; and the term "partner" | ||
includes a member in such syndicate,
group, pool, joint | ||
venture or organization.
| ||
The term "partnership" includes any entity, including | ||
a limited
liability company formed under the Illinois
| ||
Limited Liability Company Act, classified as a partnership | ||
for federal income tax purposes.
| ||
The term "partnership" does not include a syndicate, | ||
group, pool,
joint venture, or other unincorporated | ||
organization established for the
sole purpose of playing | ||
the Illinois State Lottery.
|
(17) Part-year resident. The term "part-year resident" | ||
means an individual
who became a resident during the | ||
taxable year or ceased to be a resident
during the taxable | ||
year. Under Section 1501(a)(20)(A)(i) residence
commences | ||
with presence in this State for other than a temporary or | ||
transitory
purpose and ceases with absence from this State | ||
for other than a temporary or
transitory purpose. Under | ||
Section 1501(a)(20)(A)(ii) residence commences
with the | ||
establishment of domicile in this State and ceases with | ||
the
establishment of domicile in another State.
| ||
(18) Person. The term "person" shall be construed to | ||
mean and include
an individual, a trust, estate, | ||
partnership, association, firm, company,
corporation, | ||
limited liability company, or fiduciary. For purposes of | ||
Section
1301 and 1302 of this Act, a "person" means (i) an | ||
individual, (ii) a
corporation, (iii) an officer, agent, | ||
or employee of a
corporation, (iv) a member, agent or | ||
employee of a partnership, or (v)
a member,
manager, | ||
employee, officer, director, or agent of a limited | ||
liability company
who in such capacity commits an offense | ||
specified in Section 1301 and 1302.
| ||
(18A) Records. The term "records" includes all data | ||
maintained by the
taxpayer, whether on paper, microfilm, | ||
microfiche, or any type of
machine-sensible data | ||
compilation.
| ||
(19) Regulations. The term "regulations" includes |
rules promulgated and
forms prescribed by the Department.
| ||
(20) Resident. The term "resident" means:
| ||
(A) an individual (i) who is
in this State for | ||
other than a temporary or transitory purpose during | ||
the
taxable year; or (ii) who is domiciled in this | ||
State but is absent from
the State for a temporary or | ||
transitory purpose during the taxable year;
| ||
(B) The estate of a decedent who at his or her | ||
death was domiciled in
this
State;
| ||
(C) A trust created by a will of a decedent who at | ||
his death was
domiciled
in this State; and
| ||
(D) An irrevocable trust, the grantor of which was | ||
domiciled in this
State
at the time such trust became | ||
irrevocable. For purpose of this subparagraph,
a trust | ||
shall be considered irrevocable to the extent that the | ||
grantor is
not treated as the owner thereof under | ||
Sections 671 through 678 of the Internal
Revenue Code.
| ||
(21) Sales. The term "sales" means all gross receipts | ||
of the taxpayer
not allocated under Sections 301, 302 and | ||
303.
| ||
(22) State. The term "state" when applied to a | ||
jurisdiction other than
this State means any state of the | ||
United States, the District of Columbia,
the Commonwealth | ||
of Puerto Rico, any Territory or Possession of the United
| ||
States, and any foreign country, or any political | ||
subdivision of any of the
foregoing. For purposes of the |
foreign tax credit under Section 601, the
term "state" | ||
means any state of the United States, the District of | ||
Columbia,
the Commonwealth of Puerto Rico, and any | ||
territory or possession of the
United States, or any | ||
political subdivision of any of the foregoing,
effective | ||
for tax years ending on or after December 31, 1989.
| ||
(23) Taxable year. The term "taxable year" means the | ||
calendar year, or
the fiscal year ending during such | ||
calendar year, upon the basis of which
the base income is | ||
computed under this Act. "Taxable year" means, in the
case | ||
of a return made for a fractional part of a year under the | ||
provisions
of this Act, the period for which such return | ||
is made.
| ||
(24) Taxpayer. The term "taxpayer" means any person | ||
subject to the tax
imposed by this Act.
| ||
(25) International banking facility. The term | ||
international banking
facility shall have the same meaning | ||
as is set forth in the Illinois Banking
Act or as is set | ||
forth in the laws of the United States or regulations of
| ||
the Board of Governors of the Federal Reserve System.
| ||
(26) Income Tax Return Preparer.
| ||
(A) The term "income tax return preparer"
means | ||
any person who prepares for compensation, or who | ||
employs one or more
persons to prepare for | ||
compensation, any return of tax imposed by this Act
or | ||
any claim for refund of tax imposed by this Act. The |
preparation of a
substantial portion of a return or | ||
claim for refund shall be treated as
the preparation | ||
of that return or claim for refund.
| ||
(B) A person is not an income tax return preparer | ||
if all he or she does
is
| ||
(i) furnish typing, reproducing, or other | ||
mechanical assistance;
| ||
(ii) prepare returns or claims for refunds for | ||
the employer by whom he
or she is regularly and | ||
continuously employed;
| ||
(iii) prepare as a fiduciary returns or claims | ||
for refunds for any
person; or
| ||
(iv) prepare claims for refunds for a taxpayer | ||
in response to any
notice
of deficiency issued to | ||
that taxpayer or in response to any waiver of
| ||
restriction after the commencement of an audit of | ||
that taxpayer or of another
taxpayer if a | ||
determination in the audit of the other taxpayer | ||
directly or
indirectly affects the tax liability | ||
of the taxpayer whose claims he or she is
| ||
preparing.
| ||
(27) Unitary business group. | ||
(A) The term "unitary business group" means
a | ||
group of persons related through common ownership | ||
whose business activities
are integrated with, | ||
dependent upon and contribute to each other. The group
|
will not include those members whose business activity | ||
outside the United
States is 80% or more of any such | ||
member's total business activity; for
purposes of this | ||
paragraph and clause (a)(3)(B)(ii) of Section 304,
| ||
business
activity within the United States shall be | ||
measured by means of the factors
ordinarily applicable | ||
under subsections (a), (b), (c), (d), or (h)
of | ||
Section
304 except that, in the case of members | ||
ordinarily required to apportion
business income by | ||
means of the 3 factor formula of property, payroll and | ||
sales
specified in subsection (a) of Section 304, | ||
including the
formula as weighted in subsection (h) of | ||
Section 304, such members shall
not use the sales | ||
factor in the computation and the results of the | ||
property
and payroll factor computations of subsection | ||
(a) of Section 304 shall be
divided by 2 (by one if | ||
either
the property or payroll factor has a | ||
denominator of zero). The computation
required by the | ||
preceding sentence shall, in each case, involve the | ||
division of
the member's property, payroll, or revenue | ||
miles in the United States,
insurance premiums on | ||
property or risk in the United States, or financial
| ||
organization business income from sources within the | ||
United States, as the
case may be, by the respective | ||
worldwide figures for such items. Common
ownership in | ||
the case of corporations is the direct or indirect |
control or
ownership of more than 50% of the | ||
outstanding voting stock of the persons
carrying on | ||
unitary business activity. Unitary business activity | ||
can
ordinarily be illustrated where the activities of | ||
the members are: (1) in the
same general line (such as | ||
manufacturing, wholesaling, retailing of tangible
| ||
personal property, insurance, transportation or | ||
finance); or (2) are steps in a
vertically structured | ||
enterprise or process (such as the steps involved in | ||
the
production of natural resources, which might | ||
include exploration, mining,
refining, and marketing); | ||
and, in either instance, the members are functionally
| ||
integrated through the exercise of strong centralized | ||
management (where, for
example, authority over such | ||
matters as purchasing, financing, tax compliance,
| ||
product line, personnel, marketing and capital | ||
investment is not left to each
member).
| ||
(B) In no event, for taxable years ending prior to | ||
December 31, 2017, shall any
unitary business group | ||
include members
which are ordinarily required to | ||
apportion business income under different
subsections | ||
of Section 304 except that for tax years ending on or | ||
after
December 31, 1987 this prohibition shall not | ||
apply to a holding company that would otherwise be a | ||
member of a unitary business group with taxpayers that | ||
apportion business income under any of subsections |
(b), (c), (c-1), or (d) of Section 304. If a unitary | ||
business
group would, but for the preceding sentence, | ||
include members that are
ordinarily required to | ||
apportion business income under different subsections | ||
of
Section 304, then for each subsection of Section | ||
304 for which there are two or
more members, there | ||
shall be a separate unitary business group composed of | ||
such
members. For purposes of the preceding two | ||
sentences, a member is "ordinarily
required to | ||
apportion business income" under a particular | ||
subsection of Section
304 if it would be required to | ||
use the apportionment method prescribed by such
| ||
subsection except for the fact that it derives | ||
business income solely from
Illinois. As used in this | ||
paragraph, for taxable years ending before December | ||
31, 2017, the phrase "United States" means only the 50 | ||
states and the District of Columbia, but does not | ||
include any territory or possession of the United | ||
States or any area over which the United States has | ||
asserted jurisdiction or claimed exclusive rights with | ||
respect to the exploration for or exploitation of | ||
natural resources.
For taxable years ending on or | ||
after December 31, 2017, the phrase "United States", | ||
as used in this paragraph, means only the 50 states, | ||
the District of Columbia, and any area over which the | ||
United States has asserted jurisdiction or claimed |
exclusive rights with respect to the exploration for | ||
or exploitation of natural resources, but does not | ||
include any territory or possession of the United | ||
States. | ||
(C) Holding companies. | ||
(i) For purposes of this subparagraph, a | ||
"holding company" is a corporation (other than a | ||
corporation that is a financial organization under | ||
paragraph (8) of this subsection (a) of Section | ||
1501 because it is a bank holding company under | ||
the provisions of the Bank Holding Company Act of | ||
1956 (12 U.S.C. 1841, et seq.) or because it is | ||
owned by a bank or a bank holding company) that | ||
owns a controlling interest in one or more other | ||
taxpayers ("controlled taxpayers"); that, during | ||
the period that includes the taxable year and the | ||
2 immediately preceding taxable years or, if the | ||
corporation was formed during the current or | ||
immediately preceding taxable year, the taxable | ||
years in which the corporation has been in | ||
existence, derived substantially all its gross | ||
income from dividends, interest, rents, royalties, | ||
fees or other charges received from controlled | ||
taxpayers for the provision of services, and gains | ||
on the sale or other disposition of interests in | ||
controlled taxpayers or in property leased or |
licensed to controlled taxpayers or used by the | ||
taxpayer in providing services to controlled | ||
taxpayers; and that incurs no substantial expenses | ||
other than expenses (including interest and other | ||
costs of borrowing) incurred in connection with | ||
the acquisition and holding of interests in | ||
controlled taxpayers and in the provision of | ||
services to controlled taxpayers or in the leasing | ||
or licensing of property to controlled taxpayers. | ||
(ii) The income of a holding company which is | ||
a member of more than one unitary business group | ||
shall be included in each unitary business group | ||
of which it is a member on a pro rata basis, by | ||
including in each unitary business group that | ||
portion of the base income of the holding company | ||
that bears the same proportion to the total base | ||
income of the holding company as the gross | ||
receipts of the unitary business group bears to | ||
the combined gross receipts of all unitary | ||
business groups (in both cases without regard to | ||
the holding company) or on any other reasonable | ||
basis, consistently applied. | ||
(iii) A holding company shall apportion its | ||
business income under the subsection of Section | ||
304 used by the other members of its unitary | ||
business group. The apportionment factors of a |
holding company which would be a member of more | ||
than one unitary business group shall be included | ||
with the apportionment factors of each unitary | ||
business group of which it is a member on a pro | ||
rata basis using the same method used in clause | ||
(ii). | ||
(iv) The provisions of this subparagraph (C) | ||
are intended to clarify existing law. | ||
(D) If including the base income and factors of a | ||
holding company in more than one unitary business | ||
group under subparagraph (C) does not fairly reflect | ||
the degree of integration between the holding company | ||
and one or more of the unitary business groups, the | ||
dependence of the holding company and one or more of | ||
the unitary business groups upon each other, or the | ||
contributions between the holding company and one or | ||
more of the unitary business groups, the holding | ||
company may petition the Director, under the | ||
procedures provided under Section 304(f), for | ||
permission to include all base income and factors of | ||
the holding company only with members of a unitary | ||
business group apportioning their business income | ||
under one subsection of subsections (a), (b), (c), or | ||
(d) of Section 304. If the petition is granted, the | ||
holding company shall be included in a unitary | ||
business group only with persons apportioning their |
business income under the selected subsection of | ||
Section 304 until the Director grants a petition of | ||
the holding company either to be included in more than | ||
one unitary business group under subparagraph (C) or | ||
to include its base income and factors only with | ||
members of a unitary business group apportioning their | ||
business income under a different subsection of | ||
Section 304. | ||
(E) If the unitary business group members' | ||
accounting periods differ,
the common parent's | ||
accounting period or, if there is no common parent, | ||
the
accounting period of the member that is expected | ||
to have, on a recurring basis,
the greatest Illinois | ||
income tax liability must be used to determine whether | ||
to
use the apportionment method provided in subsection | ||
(a) or subsection (h) of
Section 304. The
prohibition | ||
against membership in a unitary business group for | ||
taxpayers
ordinarily required to apportion income | ||
under different subsections of Section
304 does not | ||
apply to taxpayers required to apportion income under | ||
subsection
(a) and subsection (h) of Section
304. The | ||
provisions of this amendatory Act of 1998 apply to tax
| ||
years ending on or after December 31, 1998.
| ||
(28) Subchapter S corporation. The term "Subchapter S | ||
corporation"
means a corporation for which there is in | ||
effect an election under Section
1362 of the Internal |
Revenue Code, or for which there is a federal election
to | ||
opt out of the provisions of the Subchapter S Revision Act | ||
of 1982 and
have applied instead the prior federal | ||
Subchapter S rules as in effect on July
1, 1982.
| ||
(30) Foreign person. The term "foreign person" means | ||
any person who is a nonresident individual who is a | ||
national or citizen of a country other than the United | ||
States alien individual and any nonindividual entity, | ||
regardless of where created or organized, whose business | ||
activity outside the United States is 80% or more of the | ||
entity's total business activity.
| ||
(b) Other definitions.
| ||
(1) Words denoting number, gender, and so forth,
when | ||
used in this Act, where not otherwise distinctly expressed | ||
or manifestly
incompatible with the intent thereof:
| ||
(A) Words importing the singular include and apply | ||
to several persons,
parties or things;
| ||
(B) Words importing the plural include the | ||
singular; and
| ||
(C) Words importing the masculine gender include | ||
the feminine as well.
| ||
(2) "Company" or "association" as including successors | ||
and assigns. The
word "company" or "association", when | ||
used in reference to a corporation,
shall be deemed to | ||
embrace the words "successors and assigns of such company
| ||
or association", and in like manner as if these last-named |
words, or words
of similar import, were expressed.
| ||
(3) Other terms. Any term used in any Section of this | ||
Act with respect
to the application of, or in connection | ||
with, the provisions of any other
Section of this Act | ||
shall have the same meaning as in such other Section.
| ||
(Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
| ||
Section 30. The Counties Code is amended by changing | ||
Section 3-12007 as follows:
| ||
(55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
| ||
Sec. 3-12007. Proposed rules for classified service. (a) | ||
The
Director of Personnel shall prepare and submit to the | ||
commission proposed
rules for the classified service. The | ||
director shall give at least 10
days' notice to the heads of | ||
all departments or agencies affected and they
shall be given | ||
an opportunity, upon their request, to appear before the
| ||
commission to express their views thereon before action is | ||
taken by the
commission.
| ||
(b) The rules, as adopted pursuant to subsection (a) of | ||
Section
3-12005 shall provide for:
| ||
(1) preparation, maintenance and revision of a position
| ||
classification plan for all positions in the classified | ||
service, based
upon the similarity of duties performed and | ||
responsibilities assumed, so
that the same qualifications may | ||
reasonably be required and the same
schedule of pay may be |
applied to all positions in the same class. Each
position | ||
authorized by the Board shall be allocated by the director to
| ||
the proper class and assigned to the appropriate pay range for | ||
that class.
| ||
(2) promotion which shall give appropriate consideration | ||
to the
applicant's qualifications, record of performance, | ||
seniority, and
conduct. Vacancies shall be filled by promotion | ||
whenever practicable
and in the best interest of the county | ||
service, and preference may be
given to employees within the | ||
department in which the vacancy occurs.
| ||
(3) open competitive examinations to determine the | ||
relative fitness
of applicants for the respective competitive | ||
positions.
| ||
(4) competitive selection of employees for all classes in | ||
the
classified service.
| ||
(5) establishment of lists of eligibles for appointment | ||
and
promotion, upon which lists shall be placed the names of | ||
successful
candidates in the order of their relative | ||
excellence in the respective
examinations. The duration of | ||
eligible lists for initial appointment
shall be for no more | ||
than one year unless extended by the director for
not more than | ||
one additional year; lists of eligibles for promotion
shall be | ||
maintained for as long as the tests on which they are based are
| ||
considered valid by the director.
| ||
(6) certification by the director to the appointing | ||
authorities of
not more than the top 5 names from the list of |
eligibles for a single vacancy.
| ||
(7) rejection of candidates who do not comply with | ||
reasonable job
requirements in regard to such factors as age, | ||
physical condition,
training and experience, or who are | ||
addicted to alcohol or narcotics or
have been guilty of | ||
infamous or disgraceful conduct or are undocumented immigrants | ||
illegal aliens .
| ||
(8) periods of probationary employment. During the initial
| ||
probation period following appointment any employee may be | ||
discharged or
demoted without charges or hearing except that | ||
any applicant or
employee, regardless of status, who has | ||
reason to believe that he/she
has been discriminated against | ||
because of religious opinions or
affiliation, or race, sex, or | ||
national origin in any personnel action
may appeal to the | ||
commission in accordance with the provisions of this
Division | ||
or in appropriate rules established by the commission
pursuant | ||
to subsection (a) of Section 3-12005.
| ||
(9) provisional employment without competitive | ||
examinations when
there is no appropriate eligible list | ||
available. No person hired as a
provisional employee shall | ||
continue on the county payroll longer than 6
months per | ||
calendar year nor shall successive provisional appointments
be | ||
allowed.
| ||
(10) transfer from a position in one department to a | ||
position in
another department involving similar | ||
qualifications, duties,
responsibilities and salary.
|
(11) procedures for authorized reinstatement within one | ||
year of
persons who resign in good standing.
| ||
(12) layoff by reason of lack of funds or work or abolition | ||
of the
position, or material changes in duties or | ||
organization, and for the
layoff of nontenured employees | ||
first, and for the reemployment of
permanent employees so laid | ||
off, giving consideration in
both layoff and reemployment to | ||
performance record and seniority in service.
| ||
(13) keeping records of performance of all employees in | ||
the
classified service.
| ||
(14) suspension, demotion or dismissal of an employee for
| ||
misconduct, inefficiency, incompetence, insubordination, | ||
malfeasance or
other unfitness to render effective service and | ||
for the investigation
and hearing of appeals of any employee | ||
recommended for suspension,
demotion or dismissal by a | ||
department head for any of the foregoing reasons.
| ||
(15) establishment of a plan for resolving employee | ||
grievances and
complaints, including an appeals procedure.
| ||
(16) hours of work, holidays and attendance regulations, | ||
and for
annual, sick and special leaves of absence, with or | ||
without pay, or at
reduced pay.
| ||
(17) development of employee morale, safety and training | ||
programs.
| ||
(18) establishment of a period of probation, the length of | ||
which
shall be determined by the complexity of the work | ||
involved, but which
shall not exceed one year without special |
written approval from the
commission.
| ||
(19) such other rules, not inconsistent with this | ||
Division,
as may be proper and necessary for its enforcement.
| ||
(Source: P.A. 86-962.)
| ||
Section 35. The Metropolitan Water Reclamation District | ||
Act is amended by changing Section 11.15 as follows:
| ||
(70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
| ||
Sec. 11.15.
No person shall be employed upon contracts for | ||
work to be done
by any such sanitary district unless he or she | ||
is a citizen of the United States, a national of the United | ||
States under Section 1401 of Title 8 of the United States Code, | ||
a person an alien lawfully admitted for permanent residence | ||
under Section 1101 of Title 8 of the United States Code, an | ||
individual who has been granted asylum under Section 1158 of | ||
Title 8 of the United States Code, or an individual who is | ||
otherwise legally authorized to work in the United States.
| ||
(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
| ||
Section 40. The Board of Higher Education Act is amended | ||
by changing Section 9.16 as follows:
| ||
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| ||
Sec. 9.16. Underrepresentation of certain groups in higher | ||
education.
To require public institutions of higher education |
to develop and implement
methods and strategies to increase | ||
the participation of minorities, women
and individuals with | ||
disabilities who are traditionally underrepresented in
| ||
education programs and activities. For the purpose of this | ||
Section,
minorities shall mean persons who are citizens of the | ||
United States or
lawful permanent residents resident aliens of | ||
the United States and who are any of the following: | ||
(1) American Indian or Alaska Native (a person having | ||
origins in any of the original peoples of North and South | ||
America, including Central America, and who maintains | ||
tribal affiliation or community attachment). | ||
(2) Asian (a person having origins in any of the | ||
original peoples of the Far East, Southeast Asia, or the | ||
Indian subcontinent, including, but not limited to, | ||
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||
the Philippine Islands, Thailand, and Vietnam). | ||
(3) Black or African American (a person having origins | ||
in any of the black racial groups of Africa). | ||
(4) Hispanic or Latino (a person of Cuban, Mexican, | ||
Puerto Rican, South or Central American, or other Spanish | ||
culture or origin, regardless of race). | ||
(5) Native Hawaiian or Other Pacific Islander (a | ||
person having origins in any of the original peoples of | ||
Hawaii, Guam, Samoa, or other Pacific Islands).
| ||
The Board shall adopt any rules necessary to administer | ||
this Section.
The Board shall also do the following:
|
(a) require all public institutions of higher education to | ||
develop and
submit plans for the implementation of this | ||
Section;
| ||
(b) conduct periodic review of public institutions of | ||
higher education to
determine compliance with this Section; | ||
and if the Board finds that a public
institution of higher | ||
education is not in compliance with this Section,
it shall | ||
notify the institution of steps to take to attain compliance;
| ||
(c) provide advice and counsel pursuant to this Section;
| ||
(d) conduct studies of the effectiveness of methods and | ||
strategies
designed to increase participation of students in | ||
education programs and
activities in which minorities, women | ||
and individuals with disabilities are
traditionally | ||
underrepresented, and monitor the success of students in such
| ||
education programs and activities;
| ||
(e) encourage minority student recruitment and retention | ||
in colleges
and universities. In implementing this paragraph, | ||
the Board shall undertake
but need not be limited to the | ||
following: the establishment of guidelines
and plans for | ||
public institutions of higher education for minority student
| ||
recruitment and retention, the review and monitoring of | ||
minority student
programs implemented at public institutions | ||
of higher education to
determine their compliance with any | ||
guidelines and plans so established,
the determination of the | ||
effectiveness and funding requirements of minority
student | ||
programs at public institutions of higher education, the
|
dissemination of successful programs as models, and the | ||
encouragement of
cooperative partnerships between community | ||
colleges and local school
attendance centers which are | ||
experiencing difficulties in enrolling
minority students in | ||
four-year colleges and universities;
| ||
(f) mandate all public institutions of higher education to | ||
submit data
and information essential to determine compliance | ||
with this Section. The
Board shall prescribe the format and | ||
the date for submission of this data
and any other education | ||
equity data; and
| ||
(g) report to the General Assembly and the Governor | ||
annually with a
description of the plans submitted by each | ||
public institution of higher
education for implementation of | ||
this Section, including financial data
relating to the most | ||
recent fiscal year expenditures for specific minority
| ||
programs, the effectiveness of such
plans and programs and the | ||
effectiveness of the methods and strategies developed by the
| ||
Board in meeting the purposes of this Section, the degree of | ||
compliance
with this Section by each public institution of | ||
higher education as
determined by the Board pursuant to its | ||
periodic review responsibilities,
and the findings made by the | ||
Board in conducting its studies and monitoring
student success | ||
as required by paragraph d) of this Section. With
respect to | ||
each public institution of higher education such report also | ||
shall
include, but need not be limited to, information with | ||
respect to each
institution's minority program budget |
allocations; minority student
admission, retention and | ||
graduation statistics; admission, retention, and graduation | ||
statistics of all students who are the first in their | ||
immediate family to attend an institution of higher education; | ||
number of financial
assistance awards to undergraduate and | ||
graduate minority students; and
minority faculty | ||
representation. This paragraph shall not be construed to
| ||
prohibit the Board from making, preparing or issuing | ||
additional surveys or
studies with respect to minority | ||
education in Illinois.
| ||
(Source: P.A. 102-465, eff. 1-1-22 .)
| ||
Section 45. The Dental Student Grant Act is amended by | ||
changing Section 3.06 as follows:
| ||
(110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)
| ||
Sec. 3.06.
"Eligible dental student" means a person who | ||
meets all of the
following qualifications:
| ||
(a) That the individual is a resident of this State and a | ||
citizen or
lawful permanent resident alien of the United | ||
States;
| ||
(b) That the individual has been accepted in a dental
| ||
school located in Illinois;
| ||
(c) That the individual exhibits financial need as
| ||
determined by the Department;
| ||
(d) That the individual has earned an educational diploma |
at an
institution of education located in this State or has | ||
been a resident of the
State for no less than 3 years prior to | ||
applying for the grant;
| ||
(e) That the individual is a member of a racial minority as | ||
defined in
Section 3.07; and
| ||
(f) That the individual meets other qualifications which | ||
shall be
established by the Department.
| ||
(Source: P.A. 87-665.)
| ||
Section 50. The Diversifying Higher Education Faculty in | ||
Illinois Act is amended by changing Sections 2 and 7 as | ||
follows:
| ||
(110 ILCS 930/2) (from Ch. 144, par. 2302)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise requires:
| ||
"Board" means the Board of Higher Education.
| ||
"DFI" means the Diversifying Higher Education Faculty in | ||
Illinois Program of financial assistance to minorities who are | ||
traditionally
underrepresented as participants in | ||
postsecondary education. The program
shall assist them in | ||
pursuing a graduate or professional degree and shall also | ||
assist program graduates to find employment at an Illinois | ||
institution of higher education, including a community | ||
college, in a faculty or staff position.
| ||
"Program Board" means the entity created to administer the |
grant program authorized by this Act.
| ||
"Qualified institution of higher education" means a | ||
qualifying publicly or privately
operated educational | ||
institution located within Illinois (i) that
offers | ||
instruction leading toward or prerequisite to an academic or
| ||
professional degree beyond the baccalaureate degree, excluding | ||
theological
schools, and (ii) that is authorized to operate in | ||
the State of Illinois.
| ||
"Racial minority" means a person who is a citizen of the | ||
United
States or a lawful permanent resident alien of the | ||
United States and who is any of the following:
| ||
(1) American Indian or Alaska Native (a person having | ||
origins in any of the original peoples of North and South | ||
America, including Central America, and who maintains | ||
tribal affiliation or community attachment). | ||
(2) Asian (a person having origins in any of the | ||
original peoples of the Far East, Southeast Asia, or the | ||
Indian subcontinent, including, but not limited to, | ||
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||
the Philippine Islands, Thailand, and Vietnam). | ||
(3) Black or African American (a person having origins | ||
in any of the black racial groups of Africa). | ||
(4) Hispanic or Latino (a person of Cuban, Mexican, | ||
Puerto Rican, South or Central American, or other Spanish | ||
culture or origin, regardless of race). | ||
(5) Native Hawaiian or Other Pacific Islander (a |
person having origins in any of the original peoples of | ||
Hawaii, Guam, Samoa, or other Pacific Islands).
| ||
(Source: P.A. 102-465, eff. 1-1-22 .)
| ||
(110 ILCS 930/7) (from Ch. 144, par. 2307)
| ||
Sec. 7. Eligibility for DFI grants. An individual is | ||
eligible for an
award under the provisions of this Act when the | ||
Program Board finds:
| ||
(a) That the individual is a resident of this State | ||
and a citizen or
lawful permanent resident alien of the | ||
United States;
| ||
(b) That the individual is a member of a racial | ||
minority as defined
under the terms of this Act;
| ||
(c) That the individual has earned any educational | ||
diploma at an
institution of education located in this | ||
State, or is a resident of the
State for no less than three | ||
years prior to applying for the grant, and the
individual | ||
must hold a baccalaureate degree from an institution of | ||
higher
learning;
| ||
(d) That the individual's financial resources are such | ||
that, in the
absence of a DFI grant, the individual will be | ||
prevented from pursuing
a graduate or professional degree | ||
at a qualified institution of higher
education of his or | ||
her choice;
| ||
(e) That the individual has above average academic | ||
ability to pursue a
graduate or professional degree; and
|
(f) That the individual meets other qualifications | ||
which shall be
established by the Program Board.
| ||
Grant funds shall be awarded only to those persons | ||
pursuing a graduate or professional degree program at a | ||
qualified institution of higher education.
| ||
The
Board shall by rule promulgate, pursuant to the | ||
Illinois
Administrative Procedure Act, precise standards to be | ||
used by the Program Board to
determine whether a program | ||
applicant has above average academic ability to
pursue a | ||
graduate or professional degree.
| ||
(Source: P.A. 93-862, eff. 8-4-04.)
| ||
Section 55. The Higher Education Student Assistance Act is | ||
amended by changing Sections 65.50 and 65.110 as follows:
| ||
(110 ILCS 947/65.50)
| ||
Sec. 65.50. Teacher training full-time undergraduate | ||
scholarships.
| ||
(a) Five hundred
new
scholarships shall be provided each | ||
year for qualified high school students
or high school | ||
graduates who desire to pursue full-time undergraduate
studies | ||
in teacher education at public or private universities or | ||
colleges
and community colleges in this State. The Commission, | ||
in
accordance with rules and regulations promulgated for this | ||
program,
shall provide funding and shall designate each year's | ||
new recipients from
among those applicants who qualify for |
consideration by showing:
| ||
(1) that he or she is a resident of this State and a | ||
citizen or a
lawful permanent resident alien of the United | ||
States;
| ||
(2) that he or she has successfully completed the | ||
program of
instruction at an approved high school or is a | ||
student in good standing at
such a school and is engaged in | ||
a program that will be completed by the
end of the academic | ||
year, and in either event that his or her cumulative
grade | ||
average was or is in the upper 1/4 of the high school | ||
class;
| ||
(3) that he or she has superior capacity to profit by a | ||
higher education;
and
| ||
(4) that he or she agrees to teach in Illinois schools | ||
in
accordance with subsection (b).
| ||
No rule or regulation promulgated by the State Board of
| ||
Education prior to the effective date of this amendatory Act | ||
of 1993 pursuant
to the exercise of any right, power, duty, | ||
responsibility or matter of pending
business transferred from | ||
the State Board of Education to the Commission under
this | ||
Section shall be affected thereby, and all such rules and | ||
regulations
shall become the rules and regulations of the | ||
Commission until modified or
changed by the Commission in | ||
accordance with law.
| ||
If in any year the number of qualified applicants exceeds | ||
the number of
scholarships to be awarded, the Commission shall |
give
priority in awarding scholarships to students in | ||
financial need. The
Commission
shall consider factors such as | ||
the applicant's
family income, the size of the applicant's | ||
family and the number of other
children in the applicant's | ||
family attending college in determining the
financial need of | ||
the individual.
| ||
Unless otherwise indicated, these scholarships shall be | ||
good for a period
of up to 4 years while the recipient is | ||
enrolled for residence credit at a
public or private | ||
university or college or at a community college. The
| ||
scholarship shall cover tuition, fees and a stipend of $1,500 | ||
per year.
For purposes of calculating scholarship awards for | ||
recipients attending
private universities or colleges, tuition | ||
and fees for students at private
colleges and universities | ||
shall not exceed the average tuition and fees for
students at | ||
4-year public colleges and universities for the academic year
| ||
in which the scholarship is made.
| ||
(b) Upon graduation from or termination of enrollment
in a | ||
teacher education program, any person who accepted a | ||
scholarship under
the undergraduate scholarship program | ||
continued by this Section, including
persons whose graduation | ||
or termination of
enrollment occurred prior to the effective | ||
date of this amendatory Act of
1993, shall teach in any school | ||
in
this State for at least 4 of the 7 years immediately | ||
following his or her
graduation or termination. If the | ||
recipient spends up to 4 years in
military service before or |
after he or she graduates, the period of
military service | ||
shall be excluded from the computation of that 7 year
period. A | ||
recipient who is enrolled full-time in an academic program
| ||
leading to a graduate degree in education shall have the | ||
period of graduate
study excluded from the computation of that | ||
7 year period.
| ||
Any person who fails to fulfill the teaching requirement | ||
shall pay to the
Commission an amount equal to one-fourth of | ||
the
scholarship received for each unfulfilled year of the | ||
4-year teaching
requirement, together with interest at 8% per | ||
year on that amount.
However, this obligation to repay does | ||
not apply when the failure to
fulfill the teaching requirement | ||
results from involuntarily leaving the
profession due to a | ||
decrease in the number of teachers employed by the
school | ||
board or a discontinuation of a type of teaching service under
| ||
Section 24-12 of the School Code or from the death or | ||
adjudication as
incompetent of the
person holding the | ||
scholarship. No claim for repayment may be filed
against the | ||
estate of such a decedent or incompetent.
| ||
Each person applying for such a scholarship shall be | ||
provided with
a copy of this subsection at the time he or she | ||
applies for the benefits
of such scholarship.
| ||
(c) This Section is substantially the same as Sections | ||
30-14.5 and 30-14.6
of the
School Code, which are repealed by | ||
this amendatory Act of 1993, and shall be
construed as a | ||
continuation of the teacher training undergraduate scholarship
|
program
established by that prior law, and not as a new or | ||
different teacher training
undergraduate scholarship program.
| ||
The State Board of Education shall transfer to the Commission, | ||
as the
successor to the State Board of Education for all | ||
purposes of administering
and implementing the provisions of | ||
this Section, all books, accounts, records,
papers, documents, | ||
contracts, agreements, and pending business in any way
| ||
relating to the teacher training undergraduate scholarship | ||
program
continued under this Section,
and all scholarships at | ||
any time awarded under that program
by, and all applications | ||
for any such scholarship
at any
time made to, the State Board | ||
of Education shall be unaffected by the transfer
to the | ||
Commission of all responsibility for the administration and
| ||
implementation of the teacher training undergraduate | ||
scholarship
program continued under this
Section. The State | ||
Board of Education shall furnish to the Commission such
other | ||
information as the Commission may request to assist it in | ||
administering
this Section.
| ||
(Source: P.A. 88-228.)
| ||
(110 ILCS 947/65.110) | ||
Sec. 65.110. Post-Master of Social Work School Social Work | ||
Professional Educator License scholarship. | ||
(a) Subject to appropriation, beginning with awards for | ||
the 2022-2023 academic year, the Commission shall award | ||
annually up to 250 Post-Master of Social Work School Social |
Work Professional Educator License scholarships to a person | ||
who: | ||
(1) holds a valid Illinois-licensed clinical social | ||
work license or social work license; | ||
(2) has obtained a master's degree in social work from | ||
an approved program; | ||
(3) is a United States citizen or eligible noncitizen; | ||
and | ||
(4) submits an application to the Commission for such | ||
scholarship and agrees to take courses to obtain an | ||
Illinois Professional Educator License with an endorsement | ||
in School Social Work. | ||
(b) If an appropriation for this Section for a given | ||
fiscal year is insufficient to provide scholarships to all | ||
qualified applicants, the Commission shall allocate the | ||
appropriation in accordance with this subsection (b). If funds | ||
are insufficient to provide all qualified applicants with a | ||
scholarship as authorized by this Section, the Commission | ||
shall allocate the available scholarship funds for that fiscal | ||
year to qualified applicants who submit a complete application | ||
on or before a date specified by the Commission, based on the | ||
following order of priority: | ||
(1) firstly, to students who received a scholarship | ||
under this Section in the prior academic year and who | ||
remain eligible for a scholarship under this Section; | ||
(2) secondly, to new, qualified applicants who are |
members of a racial minority, as defined in subsection | ||
(c); and | ||
(3) finally, to other new, qualified applicants in | ||
accordance with this Section. | ||
(c) Scholarships awarded under this Section shall be | ||
issued pursuant to rules adopted by the Commission. In | ||
awarding scholarships, the Commission shall give priority to | ||
those applicants who are members of a racial minority. Racial | ||
minorities are underrepresented as school social workers in | ||
elementary and secondary schools in this State, and the | ||
General Assembly finds that it is in the interest of this State | ||
to provide them with priority consideration for programs that | ||
encourage their participation in this field and thereby foster | ||
a profession that is more reflective of the diversity of | ||
Illinois students and the parents they will serve. A more | ||
reflective workforce in school social work allows improved | ||
outcomes for students and a better utilization of services. | ||
Therefore, the Commission shall give priority to those | ||
applicants who are members of a racial minority. In this | ||
subsection (c), "racial minority" means a person who is a | ||
citizen of the United States or a lawful permanent resident | ||
alien of the United States and who is: | ||
(1) Black (a person having origins in any of the black | ||
racial groups in Africa); | ||
(2) Hispanic (a person of Spanish or Portuguese | ||
culture with origins in Mexico, South or Central America, |
or the Caribbean Islands, regardless of race); | ||
(3) Asian American (a person having origins in any of | ||
the original peoples of the Far East, Southeast Asia, the | ||
Indian Subcontinent, or the Pacific Islands); or | ||
(4) American Indian or Alaskan Native (a person having | ||
origins in any of the original peoples of North America). | ||
(d) Each scholarship shall be applied to the payment of | ||
tuition and mandatory fees at the University of Illinois, | ||
Southern Illinois University, Chicago State University, | ||
Eastern Illinois University, Governors State University, | ||
Illinois State University, Northeastern Illinois University, | ||
Northern Illinois University, and Western Illinois University. | ||
Each scholarship may be applied to pay tuition and mandatory | ||
fees required to obtain an Illinois Professional Educator | ||
License with an endorsement in School Social Work. | ||
(e) The Commission shall make tuition and fee payments | ||
directly to the qualified institution of higher learning that | ||
the applicant attends. | ||
(f) Any person who has accepted a scholarship under this | ||
Section must, within one year after graduation or termination | ||
of enrollment in a Post-Master of Social Work Professional | ||
Education License with an endorsement in School Social Work | ||
program, begin working as a school social worker at a public or | ||
nonpublic not-for-profit preschool, elementary school, or | ||
secondary school located in this State for at least 2 of the 5 | ||
years immediately following that graduation or termination, |
excluding, however, from the computation of that 5-year | ||
period: (i) any time up to 3 years spent in the military | ||
service, whether such service occurs before or after the | ||
person graduates; (ii) the time that person is a person with a | ||
temporary total disability for a period of time not to exceed 3 | ||
years, as established by the sworn affidavit of a qualified | ||
physician; and (iii) the time that person is seeking and | ||
unable to find full-time employment as a school social worker | ||
at a State public or nonpublic not-for-profit preschool, | ||
elementary school, or secondary school. | ||
(g) If a recipient of a scholarship under this Section | ||
fails to fulfill the work obligation set forth in subsection | ||
(f), the Commission shall require the recipient to repay the | ||
amount of the scholarships received, prorated according to the | ||
fraction of the obligation not completed, at a rate of | ||
interest equal to 5%, and, if applicable, reasonable | ||
collection fees. The Commission is authorized to establish | ||
rules relating to its collection activities for repayment of | ||
scholarships under this Section. All repayments collected | ||
under this Section shall be forwarded to the State Comptroller | ||
for deposit into this State's General Revenue Fund. | ||
A recipient of a scholarship under this Section is not | ||
considered to be in violation of the failure to fulfill the | ||
work obligation under subsection (f) if the recipient (i) | ||
enrolls on a full-time basis as a graduate student in a course | ||
of study related to the field of social work at a qualified |
Illinois institution of higher learning; (ii) is serving, not | ||
in excess of 3 years, as a member of the armed services of the | ||
United States; (iii) is a person with a temporary total | ||
disability for a period of time not to exceed 3 years, as | ||
established by the sworn affidavit of a qualified physician; | ||
(iv) is seeking and unable to find full-time employment as a | ||
school social worker at an Illinois public or nonpublic | ||
not-for-profit preschool, elementary school, or secondary | ||
school that satisfies the criteria set forth in subsection (f) | ||
and is able to provide evidence of that fact; or (v) becomes a | ||
person with a permanent total disability, as established by | ||
the sworn affidavit of a qualified physician.
| ||
(Source: P.A. 102-621, eff. 1-1-22.) | ||
Section 60. The Mental Health Graduate Education | ||
Scholarship Act is amended by changing Section 20 as follows: | ||
(110 ILCS 952/20)
| ||
Sec. 20. Scholarships.
| ||
(a) Beginning with the fall term of the 2009-2010 academic | ||
year, the Department, in accordance with rules adopted by it | ||
for this program, shall provide scholarships to individuals | ||
selected from among those applicants who qualify for | ||
consideration by showing all of the following: | ||
(1) That the individual has been a resident of this | ||
State
for at least one year prior to application and is a |
citizen or a lawful permanent resident alien of the United | ||
States. | ||
(2) That the individual enrolled in or accepted into a | ||
mental health graduate program at an approved institution. | ||
(3) That the individual agrees to meet the mental | ||
health
employment obligation. | ||
(b) If in any year the number of qualified applicants | ||
exceeds the number of scholarships to be awarded, the | ||
Department shall, in consultation with the Advisory Council, | ||
consider the following factors in granting priority in | ||
awarding scholarships: | ||
(1) Financial need, as shown on a standardized
| ||
financial needs assessment form used by an approved | ||
institution. | ||
(2) A student's merit, as shown through his or
her | ||
grade point average, class rank, and other academic and | ||
extracurricular activities.
| ||
The Department may add to and further define these merit | ||
criteria by rule. | ||
(c) Unless otherwise indicated, scholarships shall be | ||
awarded to recipients at approved institutions for a period of | ||
up to 2 years if the recipient is enrolled in a master's degree | ||
program and up to 4 years if the recipient is enrolled in a | ||
doctoral degree program.
| ||
(Source: P.A. 96-672, eff. 8-25-09.) |
Section 65. The Nursing Education Scholarship Law is | ||
amended by changing Sections 5 and 6.5 as follows:
| ||
(110 ILCS 975/5) (from Ch. 144, par. 2755)
| ||
Sec. 5. Nursing education scholarships. Beginning with the | ||
fall term of the 2004-2005
academic year, the
Department, in | ||
accordance with rules and regulations promulgated by it for | ||
this
program, shall provide scholarships to individuals | ||
selected
from among those applicants who qualify for | ||
consideration by showing:
| ||
(1) that he or she has been a resident of this State | ||
for at least one
year prior to application, and is a | ||
citizen or a lawful permanent resident
alien of the United | ||
States;
| ||
(2) that he or she is enrolled in or accepted for | ||
admission to an associate degree in
nursing program, | ||
hospital-based
diploma in nursing program, baccalaureate | ||
degree
in nursing program, graduate degree in nursing | ||
program, or practical nursing program at an approved
| ||
institution; and
| ||
(3) that he or she agrees to meet the nursing | ||
employment obligation.
| ||
If in any year the number of qualified applicants exceeds | ||
the number of
scholarships to be awarded, the Department | ||
shall, in consultation with the Illinois Nursing Workforce | ||
Center Advisory Board, consider the following factors in |
granting priority in awarding
scholarships: | ||
(A) Financial need, as shown on a
standardized | ||
financial needs assessment form used by an approved
| ||
institution, of students who will pursue their | ||
education on a full-time or close to
full-time
basis | ||
and who already have a certificate in practical | ||
nursing, a diploma
in nursing, or an associate degree | ||
in nursing and are pursuing a higher
degree.
| ||
(B) A student's status as a registered nurse who | ||
is pursuing a graduate degree in nursing to pursue | ||
employment in an approved institution that educates | ||
licensed practical nurses and that educates registered | ||
nurses in undergraduate and graduate nursing programs.
| ||
(C) A student's merit, as shown through his or her | ||
grade point average, class rank, and other academic | ||
and extracurricular activities. The Department may add | ||
to and further define these merit criteria by rule.
| ||
Unless otherwise indicated, scholarships shall be awarded | ||
to
recipients at approved institutions for a period
of up to 2 | ||
years if the recipient is enrolled in an
associate degree in
| ||
nursing
program, up to 3 years if the recipient is enrolled in | ||
a hospital-based
diploma in nursing program, up to 4 years if | ||
the recipient is enrolled in a
baccalaureate degree in nursing | ||
program, up to 5 years if the recipient is enrolled in a | ||
graduate degree in nursing program, and up to one year if the
| ||
recipient is enrolled in a certificate in practical nursing |
program. At least
40% of the scholarships awarded shall be for | ||
recipients who are
pursuing baccalaureate degrees in nursing, | ||
30% of the scholarships
awarded shall be for recipients who | ||
are pursuing associate degrees in
nursing
or a diploma in | ||
nursing, 10% of the scholarships awarded
shall be for | ||
recipients who are pursuing a certificate in practical | ||
nursing, and 20% of the scholarships awarded shall be for | ||
recipients who are pursuing a graduate degree in nursing.
| ||
Beginning with the fall term of the 2021-2022 academic | ||
year and continuing through the 2024-2025 academic year, | ||
subject to appropriation from the Hospital Licensure Fund, in | ||
addition to any other funds available to the Department for | ||
such scholarships, the Department may award a total of | ||
$500,000 annually in scholarships under this Section. | ||
(Source: P.A. 102-641, eff. 8-27-21.)
| ||
(110 ILCS 975/6.5) | ||
Sec. 6.5. Nurse educator scholarships. | ||
(a) Beginning with the fall term of the 2009-2010 academic | ||
year, the Department shall provide scholarships to individuals | ||
selected from among those applicants who qualify for | ||
consideration by showing the following: | ||
(1) that he or she has been a resident of this State | ||
for at least one year prior to application and is a citizen | ||
or a lawful permanent resident alien of the United States; | ||
(2) that he or she is enrolled in or accepted for |
admission to a graduate degree in nursing program at an | ||
approved institution; and | ||
(3) that he or she agrees to meet the nurse educator | ||
employment obligation. | ||
(b) If in any year the number of qualified applicants | ||
exceeds the number of scholarships to be awarded under this | ||
Section, the Department shall, in consultation with the | ||
Illinois Nursing Workforce Center Advisory Board, consider the | ||
following factors in granting priority in awarding | ||
scholarships: | ||
(1) Financial need, as shown on a standardized | ||
financial needs assessment form used by an approved | ||
institution, of students who will pursue their education | ||
on a full-time or close to full-time basis and who already | ||
have a diploma in nursing and are pursuing a higher | ||
degree. | ||
(2) A student's status as a registered nurse who is | ||
pursuing a graduate degree in nursing to pursue employment | ||
in an approved institution that educates licensed | ||
practical nurses and that educates registered nurses in | ||
undergraduate and graduate nursing programs. | ||
(3) A student's merit, as shown through his or her | ||
grade point average, class rank, experience as a nurse, | ||
including supervisory experience, experience as a nurse in | ||
the United States military, and other academic and | ||
extracurricular activities. |
(c) Unless otherwise indicated, scholarships under this | ||
Section shall be awarded to recipients at approved | ||
institutions for a period of up to 3 years. | ||
(d) Within 12 months after graduation from a graduate | ||
degree in nursing program for nurse educators, any recipient | ||
who accepted a scholarship under this Section shall begin | ||
meeting the required nurse educator employment obligation. In | ||
order to defer his or her continuous employment obligation, a | ||
recipient must request the deferment in writing from the | ||
Department. A recipient shall receive a deferment if he or she | ||
notifies the Department, within 30 days after enlisting, that | ||
he or she is spending up to 4 years in military service. A | ||
recipient shall receive a deferment if he or she notifies the | ||
Department, within 30 days after enrolling, that he or she is | ||
enrolled in an academic program leading to a graduate degree | ||
in nursing. The recipient must begin meeting the required | ||
nurse educator employment obligation no later than 6 months | ||
after the end of the deferment or deferments. | ||
Any person who fails to fulfill the nurse educator | ||
employment obligation shall pay to the Department an amount | ||
equal to the amount of scholarship funds received per year for | ||
each unfulfilled year of the nurse educator employment | ||
obligation, together with interest at 7% per year on the | ||
unpaid balance. Payment must begin within 6 months following | ||
the date of the occurrence initiating the repayment. All | ||
repayments must be completed within 6 years from the date of |
the occurrence initiating the repayment. However, this | ||
repayment obligation may be deferred and re-evaluated every 6 | ||
months when the failure to fulfill the nurse educator | ||
employment obligation results from involuntarily leaving the | ||
profession due to a decrease in the number of nurses employed | ||
in this State or when the failure to fulfill the nurse educator | ||
employment obligation results from total and permanent | ||
disability. The repayment obligation shall be excused if the | ||
failure to fulfill the nurse educator employment obligation | ||
results from the death or adjudication as incompetent of the | ||
person holding the scholarship. No claim for repayment may be | ||
filed against the estate of such a decedent or incompetent. | ||
The Department may allow a nurse educator employment | ||
obligation fulfillment alternative if the nurse educator | ||
scholarship recipient is unsuccessful in finding work as a | ||
nurse educator. The Department shall maintain a database of | ||
all available nurse educator positions in this State. | ||
(e) Each person applying for a scholarship under this | ||
Section must be provided with a copy of this Section at the | ||
time of application for the benefits of this scholarship. | ||
(f) Rulemaking authority to implement this amendatory Act | ||
of the 96th General Assembly, if any, is conditioned on the | ||
rules being adopted in accordance with all provisions of the | ||
Illinois Administrative Procedure Act and all rules and | ||
procedures of the Joint Committee on Administrative Rules; any | ||
purported rule not so adopted, for whatever reason, is |
unauthorized.
| ||
(Source: P.A. 100-513, eff. 1-1-18 .) | ||
Section 70. The Comprehensive Health Insurance Plan Act is | ||
amended by changing Section 7 as follows: | ||
(215 ILCS 105/7) (from Ch. 73, par. 1307) | ||
Sec. 7. Eligibility. | ||
a. Except as provided in subsection (e) of this Section or | ||
in Section
15 of this Act, any person who is either a citizen | ||
of the United States or an individual an
alien lawfully | ||
admitted for permanent residence and who has been for a period
| ||
of at least 180 days and continues to be a resident of this | ||
State shall be
eligible for Plan coverage under this Section | ||
if evidence is provided of: | ||
(1) A notice of rejection or refusal to issue | ||
substantially
similar individual health insurance coverage | ||
for health reasons by a
health insurance issuer; | ||
(2) A refusal by a health insurance issuer to issue | ||
individual
health insurance coverage except at a rate | ||
exceeding the
applicable Plan rate for which the person is | ||
responsible; or | ||
(3) The absence of available health insurance coverage | ||
for a person under 19 years of age. | ||
A rejection or refusal by a group health plan or health | ||
insurance issuer
offering only
stop-loss or excess of loss |
insurance or contracts,
agreements, or other arrangements for | ||
reinsurance coverage with respect
to the applicant shall not | ||
be sufficient evidence under this subsection. | ||
b. The Board shall promulgate a list of medical or health | ||
conditions for
which a person who is either a citizen of the | ||
United States or an individual an
alien lawfully admitted for | ||
permanent residence and a resident of this State
would be | ||
eligible for Plan coverage without applying for
health | ||
insurance coverage pursuant to subsection a. of this Section.
| ||
Persons who
can demonstrate the existence or history of any | ||
medical or health
conditions on the list promulgated by the | ||
Board shall not be required to
provide the evidence specified | ||
in subsection a. of this Section. The list
shall be effective
| ||
on the first day of the operation of the Plan and may be | ||
amended from time
to time as appropriate. | ||
c. Family members of the same household who each are | ||
covered
persons are
eligible for optional family coverage | ||
under the Plan. | ||
d. For persons qualifying for coverage in accordance with | ||
Section 7 of
this Act, the Board shall, if it determines that | ||
such appropriations as are
made pursuant to Section 12 of this | ||
Act are insufficient to allow the Board
to accept all of the | ||
eligible persons which it projects will apply for
enrollment | ||
under the Plan, limit or close enrollment to ensure that the
| ||
Plan is not over-subscribed and that it has sufficient | ||
resources to meet
its obligations to existing enrollees. The |
Board shall not limit or close
enrollment for federally | ||
eligible individuals. | ||
e. A person shall not be eligible for coverage under the | ||
Plan if: | ||
(1) He or she has or obtains other coverage under a | ||
group health plan
or health insurance coverage
| ||
substantially similar to or better than a Plan policy as | ||
an insured or
covered dependent or would be eligible to | ||
have that coverage if he or she
elected to obtain it. | ||
Persons otherwise eligible for Plan coverage may,
however, | ||
solely for the purpose of having coverage for a | ||
pre-existing
condition, maintain other coverage only while | ||
satisfying any pre-existing
condition waiting period under | ||
a Plan policy or a subsequent replacement
policy of a Plan | ||
policy. | ||
(1.1) His or her prior coverage under a group health | ||
plan or health
insurance coverage, provided or arranged by | ||
an employer of more than 10 employees was discontinued
for | ||
any reason without the entire group or plan being | ||
discontinued and not
replaced, provided he or she remains | ||
an employee, or dependent thereof, of the
same employer. | ||
(2) He or she is a recipient of or is approved to | ||
receive medical
assistance, except that a person may | ||
continue to receive medical
assistance through the medical | ||
assistance no grant program, but only
while satisfying the | ||
requirements for a preexisting condition under
Section 8, |
subsection f. of this Act. Payment of premiums pursuant to | ||
this
Act shall be allocable to the person's spenddown for | ||
purposes of the
medical assistance no grant program, but | ||
that person shall not be
eligible for any Plan benefits | ||
while that person remains eligible for
medical assistance. | ||
If the person continues to receive
or be approved to | ||
receive medical assistance through the medical
assistance | ||
no grant program at or after the time that requirements | ||
for a
preexisting condition are satisfied, the person | ||
shall not be eligible for
coverage under the Plan. In that | ||
circumstance, coverage under the Plan
shall terminate as | ||
of the expiration of the preexisting condition
limitation | ||
period. Under all other circumstances, coverage under the | ||
Plan
shall automatically terminate as of the effective | ||
date of any medical
assistance. | ||
(3) Except as provided in Section 15, the person has | ||
previously
participated in the Plan and voluntarily
| ||
terminated Plan coverage, unless 12 months have elapsed
| ||
since the person's
latest voluntary termination of | ||
coverage. | ||
(4) The person fails to pay the required premium under | ||
the covered
person's
terms of enrollment and | ||
participation, in which event the liability of the
Plan | ||
shall be limited to benefits incurred under the Plan for | ||
the time
period for which premiums had been paid and the | ||
covered person remained
eligible for Plan coverage. |
(5) The Plan has paid a total of
$5,000,000
in | ||
benefits
on behalf of the covered person. | ||
(6) The person is a resident of a public institution. | ||
(7) The person's premium is paid for or reimbursed | ||
under any
government sponsored program or by any | ||
government agency or health
care provider, except as an | ||
otherwise qualifying full-time employee, or
dependent of | ||
such employee, of a government agency or health care | ||
provider
or, except when a person's premium is paid by the | ||
U.S. Treasury Department
pursuant to the federal Trade Act | ||
of 2002. | ||
(8) The person has or later receives other benefits or | ||
funds from
any settlement, judgement, or award resulting | ||
from any accident or injury,
regardless of the date of the | ||
accident or injury, or any other
circumstances creating a | ||
legal liability for damages due that person by a
third | ||
party, whether the settlement, judgment, or award is in | ||
the form of a
contract, agreement, or trust on behalf of a | ||
minor or otherwise and whether
the settlement, judgment, | ||
or award is payable to the person, his or her
dependent, | ||
estate, personal representative, or guardian in a lump sum | ||
or
over time, so long as there continues to be benefits or | ||
assets remaining
from those sources in an amount in excess | ||
of $300,000. | ||
(9) Within the 5 years prior to the date a person's | ||
Plan application is
received by the Board, the person's |
coverage under any health care benefit
program as defined | ||
in 18 U.S.C. 24, including any public or private plan or
| ||
contract under which any
medical benefit, item, or service | ||
is provided, was terminated as a result of
any act or | ||
practice that constitutes fraud under State or federal law | ||
or as a
result of an intentional misrepresentation of | ||
material fact; or if that person
knowingly and willfully | ||
obtained or attempted to obtain, or fraudulently aided
or | ||
attempted to aid any other person in obtaining, any | ||
coverage or benefits
under the Plan to which that person | ||
was not entitled. | ||
f. The Board or the administrator shall require | ||
verification of
residency and may require any additional | ||
information or documentation, or
statements under oath, when | ||
necessary to determine residency upon initial
application and | ||
for the entire term of the policy. | ||
g. Coverage shall cease (i) on the date a person is no | ||
longer a
resident of Illinois, (ii) on the date a person | ||
requests coverage to end,
(iii) upon the death of the covered | ||
person, (iv) on the date State law
requires cancellation of | ||
the policy, or (v) at the Plan's option, 30 days
after the Plan | ||
makes any inquiry concerning a person's eligibility or place
| ||
of residence to which the person does not reply. | ||
h. Except under the conditions set forth in subsection g | ||
of this
Section, the coverage of any person who ceases to meet | ||
the
eligibility requirements of this Section shall be |
terminated at the end of
the current policy period for which | ||
the necessary premiums have been paid. | ||
(Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12 .) | ||
Section 75. The Hearing Instrument Consumer Protection Act | ||
is amended by changing Section 8 as follows:
| ||
(225 ILCS 50/8) (from Ch. 111, par. 7408)
| ||
(Section scheduled to be repealed on January 1, 2026)
| ||
Sec. 8. Applicant qualifications; examination.
| ||
(a) In order to protect persons who are deaf or hard of | ||
hearing, the Department
shall authorize or shall conduct an | ||
appropriate examination, which may be the International | ||
Hearing Society's licensure examination, for persons
who | ||
dispense, test, select, recommend, fit, or service hearing
| ||
instruments. The frequency of holding these examinations shall
| ||
be determined by the Department by rule. Those
who | ||
successfully pass such an examination shall be issued a | ||
license
as a hearing instrument dispenser, which shall be | ||
effective for
a 2-year period.
| ||
(b) Applicants shall be:
| ||
(1) at least 18 years of age;
| ||
(2) of good moral character;
| ||
(3) the holder of an associate's degree or the | ||
equivalent;
| ||
(4) free of contagious or infectious disease; and
|
(5) a citizen or person lawfully present in the United | ||
States person who has the status as a legal alien .
| ||
Felony convictions of the applicant and findings against | ||
the applicant
involving matters set forth in Sections 17 and | ||
18 shall be considered in
determining moral character, but | ||
such a conviction or finding shall not make an
applicant | ||
ineligible to register for examination.
| ||
(c) Prior to engaging in the practice of fitting, | ||
dispensing, or servicing
hearing instruments, an applicant
| ||
shall demonstrate, by means of written
and practical | ||
examinations, that such person is qualified to
practice the | ||
testing, selecting, recommending, fitting, selling, or
| ||
servicing of hearing instruments as defined in this
Act. An | ||
applicant must obtain a license within 12
months after passing | ||
either the written or practical examination, whichever is | ||
passed first, or must take and
pass those examinations again | ||
in order to be eligible to receive a license.
| ||
The Department shall, by rule, determine the conditions | ||
under which an
individual is examined.
| ||
(d) Proof of having met the minimum requirements of | ||
continuing education
as determined by the Board shall be | ||
required of all license renewals.
Pursuant to rule, the | ||
continuing education requirements may, upon petition to
the | ||
Board,
be waived in whole or in part if the hearing instrument | ||
dispenser
can demonstrate
that he or she served in the Coast | ||
Guard or Armed Forces, had an extreme
hardship, or obtained |
his or her license by examination or
endorsement within
the | ||
preceding renewal period.
| ||
(e) Persons applying for an initial
license
must | ||
demonstrate having earned, at a minimum, an associate degree | ||
or its equivalent from an
accredited institution of higher | ||
education that is recognized by the U.S. Department of | ||
Education or that meets the U.S. Department of Education | ||
equivalency as determined through a National Association of | ||
Credential Evaluation Services (NACES) member, and meet the | ||
other requirements of
this Section. In addition, the applicant | ||
must demonstrate the successful
completion of (1) 12 semester | ||
hours or 18 quarter hours of academic undergraduate
course | ||
work in an accredited institution consisting of 3 semester | ||
hours of
anatomy and physiology of the hearing mechanism, 3 | ||
semester hours of
hearing science, 3 semester hours of | ||
introduction to audiology, and 3 semester
hours of aural | ||
rehabilitation, or the quarter hour equivalent or (2) an | ||
equivalent program as determined by the Department that is | ||
consistent with the scope of practice of a hearing instrument | ||
dispenser as defined in Section 3 of this Act. Persons
| ||
licensed before January 1, 2003 who
have a valid license on | ||
that date may have their license renewed
without meeting the | ||
requirements of this subsection.
| ||
(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; | ||
99-847, eff. 8-19-16.)
|
Section 80. The Illinois Public Aid Code is amended by | ||
changing Section 5-3 as follows:
| ||
(305 ILCS 5/5-3) (from Ch. 23, par. 5-3)
| ||
Sec. 5-3.
Residence.) Any person who has established his | ||
residence
in this State and lives therein, including any | ||
person who is a migrant
worker, may qualify for medical | ||
assistance. A person who, while
temporarily in this State, | ||
suffers injury or illness endangering his
life and health and | ||
necessitating emergency care, may also qualify.
| ||
Temporary absence from the State shall not disqualify a | ||
person from
maintaining his eligibility under this Article.
| ||
As used in this Section, "migrant worker" means any person | ||
residing
temporarily and employed in Illinois who moves | ||
seasonally from one
place to another for the purpose of | ||
employment in agricultural
activities, including the planting, | ||
raising or harvesting of any
agricultural or horticultural | ||
commodities and the handling, packing or
processing of such | ||
commodities on the farm where produced or at the
point of first | ||
processing, in animal husbandry, or in other activities | ||
connected
with the care of animals. Dependents of such person | ||
shall be
considered eligible if they are living with the | ||
person during his or her
temporary residence and employment in | ||
Illinois.
| ||
In order to be eligible for medical assistance under this | ||
section,
each migrant worker shall show proof of citizenship |
or legal immigration alien status.
| ||
(Source: P.A. 81-746.)
| ||
Section 85. The Service Member Employment and Reemployment | ||
Rights Act is amended by changing Section 1-10 as follows: | ||
(330 ILCS 61/1-10)
| ||
Sec. 1-10. Definitions. As used in this Act: | ||
"Accrue" means to accumulate in regular or increasing | ||
amounts over time subject to customary allocation of cost. | ||
"Active duty" means any full-time military service | ||
regardless of length or voluntariness including, but not | ||
limited to, annual training, full-time National Guard duty, | ||
and State active duty. "Active duty" does not include any form | ||
of inactive duty service such as drill duty or muster duty. | ||
"Active duty", unless provided otherwise, includes active duty | ||
without pay. | ||
"Active service" means all forms of active and inactive | ||
duty regardless of voluntariness including, but not limited | ||
to, annual training, active duty for training, initial active | ||
duty training, overseas training duty, full-time National | ||
Guard duty, active duty other than training, State active | ||
duty, mobilizations, and muster duty. "Active service", unless | ||
provided otherwise, includes active service without pay. | ||
"Active service" includes: | ||
(1) Reserve component voluntary active service means |
service under one of the following authorities: | ||
(A) any duty under 32 U.S.C. 502(f)(1)(B); | ||
(B) active guard reserve duty, operational | ||
support, or additional duty under 10 U.S.C. 12301(d) | ||
or 32 U.S.C. 502(f)(1)(B); | ||
(C) funeral honors under 10 U.S.C. 12503 or 32 | ||
U.S.C. 115; | ||
(D) duty at the National Guard Bureau under 10 | ||
U.S.C. 12402; | ||
(E) unsatisfactory participation under 10 U.S.C. | ||
10148 or 10 U.S.C. 12303; | ||
(F) discipline under 10 U.S.C. 802(d); | ||
(G) extended active duty under 10 U.S.C. 12311; | ||
and | ||
(H) reserve program administrator under 10 U.S.C. | ||
10211. | ||
(2) Reserve component involuntary active service | ||
includes, but is not limited to, service under one of the | ||
following authorities: | ||
(A) annual training or drill requirements under 10 | ||
U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a). | ||
(B) additional training duty or other duty under | ||
32 U.S.C. 502(f)(1)(A); | ||
(C) pre-planned or pre-programmed combatant | ||
commander support under 10 U.S.C. 12304b; | ||
(D) mobilization under 10 U.S.C. 12301(a) or 10 |
U.S.C. 12302; | ||
(E) presidential reserve call-up under 10 U.S.C. | ||
12304; | ||
(F) emergencies and natural disasters under 10 | ||
U.S.C. 12304a or 14 U.S.C. 712; | ||
(G) muster duty under 10 U.S.C. 12319; | ||
(H) retiree recall under 10 U.S.C. 688; | ||
(I) captive status under 10 U.S.C. 12301(g); | ||
(J) insurrection under 10 U.S.C. 331, 10 U.S.C. | ||
332, or 10 U.S.C. 12406; | ||
(K) pending line of duty determination for | ||
response to sexual assault under 10 U.S.C. 12323; and | ||
(L) initial active duty for training under 10 | ||
U.S.C. 671. | ||
Reserve component active service not listed in paragraph | ||
(1) or (2) shall be considered involuntary active service | ||
under paragraph (2). | ||
"Active service without pay" means active service | ||
performed under any authority in which base pay is not | ||
received regardless of other allowances. | ||
"Annual training" means any active duty performed under | ||
Section 10147 or 12301(b) of Title 10 of the United States Code | ||
or under Section 502(a) of Title 32 of the United States Code. | ||
"Base pay" means the main component of military pay, | ||
whether active or inactive, based on rank and time in service. | ||
It does not include the addition of conditional funds for |
specific purposes such as allowances, incentive and special | ||
pay. Base pay, also known as basic pay, can be determined by | ||
referencing the appropriate military pay chart covering the | ||
time period in question located on the federal Defense Finance | ||
and Accounting Services website or as reflected on a federal | ||
Military Leave and Earnings Statement. | ||
"Benefits" includes, but is not limited to, the terms, | ||
conditions, or privileges of employment, including any | ||
advantage, profit, privilege, gain, status, account, or | ||
interest, including wages or salary for work performed, that | ||
accrues by reason of an employment contract or agreement or an | ||
employer policy, plan, or practice and includes rights and | ||
benefits under a pension plan, a health plan, an employee | ||
stock ownership plan, insurance coverage and awards, bonuses, | ||
severance pay, supplemental unemployment benefits, vacations, | ||
and the opportunity to select work hours or location of | ||
employment. | ||
"Differential compensation" means pay due when the | ||
employee's daily rate of compensation for military service is | ||
less than his or her daily rate of compensation as a public | ||
employee. | ||
"Employee" means anyone employed by an employer. | ||
"Employee" includes any person who is a citizen, national, or | ||
permanent resident alien of the United States employed in a | ||
workplace that the State has legal authority to regulate | ||
business and employment. "Employee" does not include an |
independent contractor. | ||
"Employer" means any person, institution, organization, or | ||
other entity that pays salary or wages for work performed or | ||
that has control over employment opportunities, including: | ||
(1) a person, institution, organization, or other | ||
entity to whom the employer has delegated the performance | ||
of employment-related responsibilities; | ||
(2) an employer of a public employee; | ||
(3) any successor in interest to a person, | ||
institution, organization, or other entity referred to | ||
under this definition; and | ||
(4) a person, institution, organization, or other | ||
entity that has been denied initial employment in | ||
violation of Section 5-15. | ||
"Inactive duty" means inactive duty training, including | ||
drills, consisting of regularly scheduled unit training | ||
assemblies, additional training assemblies, periods of | ||
appropriate duty or equivalent training, and any special | ||
additional duties authorized for reserve component personnel | ||
by appropriate military authority. "Inactive duty" does not | ||
include active duty. | ||
"Military leave" means a furlough or leave of absence | ||
while performing active service. It cannot be substituted for | ||
accrued vacation, annual, or similar leave with pay except at | ||
the sole discretion of the service member employee. It is not a | ||
benefit of employment that is requested but a legal |
requirement upon receiving notice of pending military service. | ||
"Military service" means: | ||
(1) Service in the Armed Forces of the United States, | ||
the National Guard of any state or territory regardless of | ||
status, and the State Guard as defined in the State Guard | ||
Act. "Military service", whether active or reserve, | ||
includes service under the authority of U.S.C. Titles 10, | ||
14, or 32, or State active duty. | ||
(2) Service in a federally recognized auxiliary of the | ||
United States Armed Forces when performing official duties | ||
in support of military or civilian authorities as a result | ||
of an emergency. | ||
(3) A period for which an employee is absent from a | ||
position of employment for the purpose of medical or | ||
dental treatment for a condition, illness, or injury | ||
sustained or aggravated during a period of active service | ||
in which treatment is paid by the United States Department | ||
of Defense Military Health System. | ||
"Public employee" means any person classified as a | ||
full-time employee of the State of Illinois, a unit of local | ||
government, a public institution of higher education as | ||
defined in Section 1 of the Board of Higher Education Act, or a | ||
school district, other than an independent contractor. | ||
"Reserve component" means the reserve components of | ||
Illinois and the United States Armed Forces regardless of | ||
status. |
"Service member" means any person who is a member of a | ||
military service. | ||
"State active duty" means full-time State-funded military | ||
duty under the command and control of the Governor and subject | ||
to the Military Code of Illinois. | ||
"Unit of local government" means any city, village, town, | ||
county, or special district.
| ||
(Source: P.A. 100-1101, eff. 1-1-19 .) | ||
Section 90. The Firearm Owners Identification Card Act is | ||
amended by changing Sections 1.1, 4, and 8 as follows:
| ||
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||
Sec. 1.1. For purposes of this Act:
| ||
"Addicted to narcotics" means a person who has been: | ||
(1) convicted of an offense involving the use or | ||
possession of cannabis, a controlled substance, or | ||
methamphetamine within the past year; or | ||
(2) determined by the Illinois State Police to be | ||
addicted to narcotics based upon federal law or federal | ||
guidelines. | ||
"Addicted to narcotics" does not include possession or use | ||
of a prescribed controlled substance under the direction and | ||
authority of a physician or other person authorized to | ||
prescribe the controlled substance when the controlled | ||
substance is used in the prescribed manner. |
"Adjudicated as a person with a mental disability" means | ||
the person is the subject of a determination by a court, board, | ||
commission or other lawful authority that the person, as a | ||
result of marked subnormal intelligence, or mental illness, | ||
mental impairment, incompetency, condition, or disease: | ||
(1) presents a clear and present danger to himself, | ||
herself, or to others; | ||
(2) lacks the mental capacity to manage his or her own | ||
affairs or is adjudicated a person with a disability as | ||
defined in Section 11a-2 of the Probate Act of 1975; | ||
(3) is not guilty in a criminal case by reason of | ||
insanity, mental disease or defect; | ||
(3.5) is guilty but mentally ill, as provided in | ||
Section 5-2-6 of the Unified Code of Corrections; | ||
(4) is incompetent to stand trial in a criminal case; | ||
(5) is not guilty by reason of lack of mental | ||
responsibility under Articles 50a and 72b of the Uniform | ||
Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||
(6) is a sexually violent person under subsection (f) | ||
of Section 5 of the Sexually Violent Persons Commitment | ||
Act; | ||
(7) is a sexually dangerous person under the Sexually | ||
Dangerous Persons Act; | ||
(8) is unfit to stand trial under the Juvenile Court | ||
Act of 1987; | ||
(9) is not guilty by reason of insanity under the |
Juvenile Court Act of 1987; | ||
(10) is subject to involuntary admission as an | ||
inpatient as defined in Section 1-119 of the Mental Health | ||
and Developmental Disabilities Code; | ||
(11) is subject to involuntary admission as an | ||
outpatient as defined in Section 1-119.1 of the Mental | ||
Health and Developmental Disabilities Code; | ||
(12) is subject to judicial admission as set forth in | ||
Section 4-500 of the Mental Health and Developmental | ||
Disabilities Code; or | ||
(13) is subject to the provisions of the Interstate | ||
Agreements on Sexually Dangerous Persons Act. | ||
"Clear and present danger" means a person who: | ||
(1) communicates a serious threat of physical violence | ||
against a reasonably identifiable victim or poses a clear | ||
and imminent risk of serious physical injury to himself, | ||
herself, or another person as determined by a physician, | ||
clinical psychologist, or qualified examiner; or | ||
(2) demonstrates threatening physical or verbal | ||
behavior, such as violent, suicidal, or assaultive | ||
threats, actions, or other behavior, as determined by a | ||
physician, clinical psychologist, qualified examiner, | ||
school administrator, or law enforcement official. | ||
"Clinical psychologist" has the meaning provided in | ||
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code. |
"Controlled substance" means a controlled substance or | ||
controlled substance analog as defined in the Illinois | ||
Controlled Substances Act. | ||
"Counterfeit" means to copy or imitate, without legal | ||
authority, with
intent
to deceive. | ||
"Federally licensed firearm dealer" means a person who is | ||
licensed as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||
"Firearm" means any device, by
whatever name known, which | ||
is designed to expel a projectile or projectiles
by the action | ||
of an explosion, expansion of gas or escape of gas; excluding,
| ||
however:
| ||
(1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which
expels a single globular projectile not | ||
exceeding .18 inch in
diameter or which has a maximum | ||
muzzle velocity of less than 700 feet
per second;
| ||
(1.1) any pneumatic gun, spring gun, paint ball gun, | ||
or B-B gun which expels breakable paint balls containing | ||
washable marking colors; | ||
(2) any device used exclusively for signaling or | ||
safety and required or
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission;
| ||
(3) any device used exclusively for the firing of stud | ||
cartridges,
explosive rivets or similar industrial | ||
ammunition; and
| ||
(4) an antique firearm (other than a machine-gun) |
which, although
designed as a weapon, the Illinois State | ||
Police finds by reason of
the date of its manufacture, | ||
value, design, and other characteristics is
primarily a | ||
collector's item and is not likely to be used as a weapon.
| ||
"Firearm ammunition" means any self-contained cartridge or | ||
shotgun
shell, by whatever name known, which is designed to be | ||
used or adaptable to
use in a firearm; excluding, however:
| ||
(1) any ammunition exclusively designed for use with a | ||
device used
exclusively for signaling signalling or safety | ||
and required or recommended by the
United States Coast | ||
Guard or the Interstate Commerce Commission; and
| ||
(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors | ||
display, offer, or exhibit for sale, sell, transfer, or | ||
exchange firearms.
| ||
"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, | ||
transfer, or exchange of firearms as described in this |
Section.
Nothing in this definition shall be construed to | ||
exclude a gun show held in conjunction with competitive | ||
shooting events at the World Shooting Complex sanctioned by a | ||
national governing body in which the sale or transfer of | ||
firearms is authorized under subparagraph (5) of paragraph (g) | ||
of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||
Unless otherwise expressly stated, "gun show" does not | ||
include training or safety classes, competitive shooting | ||
events, such as rifle, shotgun, or handgun matches, trap, | ||
skeet, or sporting clays shoots, dinners, banquets, raffles, | ||
or
any other event where the sale or transfer of firearms is | ||
not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun | ||
show promoter for a fixed location from which to exhibit, | ||
sell, offer for sale, transfer, or exchange any firearm. | ||
"Involuntarily admitted" has the meaning as prescribed in | ||
Sections 1-119 and 1-119.1 of the Mental Health and | ||
Developmental Disabilities Code. | ||
"Mental health facility" means any licensed private | ||
hospital or hospital affiliate, institution, or facility, or | ||
part thereof, and any facility, or part thereof, operated by | ||
the State or a political subdivision thereof which provides |
provide treatment of persons with mental illness and includes | ||
all hospitals, institutions, clinics, evaluation facilities, | ||
mental health centers, colleges, universities, long-term care | ||
facilities, and nursing homes, or parts thereof, which provide | ||
treatment of persons with mental illness whether or not the | ||
primary purpose is to provide treatment of persons with mental | ||
illness. | ||
"National governing body" means a group of persons who | ||
adopt rules and formulate policy on behalf of a national | ||
firearm sporting organization. | ||
"Noncitizen" means a person who is not a citizen of the | ||
United States, but is a person who is a foreign-born person who | ||
lives in the United States, has not been naturalized, and is | ||
still a citizen of a foreign country. | ||
"Patient" means: | ||
(1) a person who is admitted as an inpatient or | ||
resident of a public or private mental health facility for | ||
mental health treatment under Chapter III of the Mental | ||
Health and Developmental Disabilities Code as an informal | ||
admission, a voluntary admission, a minor admission, an | ||
emergency admission, or an involuntary admission, unless | ||
the treatment was solely for an alcohol abuse disorder; or | ||
(2) a person who voluntarily or involuntarily receives | ||
mental health treatment as an out-patient or is otherwise | ||
provided services by a public or private mental health | ||
facility , and who poses a clear and present danger to |
himself, herself, or to others. | ||
"Person with a developmental disability" means a person | ||
with a disability which is attributable to any other condition | ||
which results in impairment similar to that caused by an | ||
intellectual disability and which requires services similar to | ||
those required by persons with intellectual disabilities. The | ||
disability must originate before the age of 18
years, be | ||
expected to continue indefinitely, and constitute a | ||
substantial disability. This disability results, in the | ||
professional opinion of a physician, clinical psychologist, or | ||
qualified examiner, in significant functional limitations in 3 | ||
or more of the following areas of major life activity: | ||
(i) self-care; | ||
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; or | ||
(v) self-direction. | ||
"Person with an intellectual disability" means a person | ||
with a significantly subaverage general intellectual | ||
functioning which exists concurrently with impairment in | ||
adaptive behavior and which originates before the age of 18 | ||
years. | ||
"Physician" has the meaning as defined in Section 1-120 of | ||
the Mental Health and Developmental Disabilities Code. | ||
"Protective order" means any orders of protection issued | ||
under the Illinois Domestic Violence Act of 1986, stalking no |
contact orders issued under the Stalking No Contact Order Act, | ||
civil no contact orders issued under the Civil No Contact | ||
Order Act, and firearms restraining orders issued under the | ||
Firearms Restraining Order Act. | ||
"Qualified examiner" has the meaning provided in Section | ||
1-122 of the Mental Health and Developmental Disabilities | ||
Code. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
| ||
"School administrator" means the person required to report | ||
under the School Administrator Reporting of Mental Health | ||
Clear and Present Danger Determinations Law. | ||
"Stun gun or taser" has the meaning ascribed to it in | ||
Section 24-1 of the Criminal Code of 2012. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
revised 10-6-21.)
| ||
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||
Sec. 4. Application for Firearm Owner's Identification | ||
Cards. | ||
(a) Each applicant for a Firearm Owner's Identification | ||
Card must:
| ||
(1) Submit an application as made available by the | ||
Illinois State Police; and
|
(2) Submit evidence to the Illinois State Police that:
| ||
(i) This subparagraph (i) applies through the | ||
180th day following July 12, 2019 ( the effective date | ||
of Public Act 101-80) this amendatory Act of the 101st | ||
General Assembly . He or she is 21 years of age or over, | ||
or if he or she is under 21
years of age that he or she | ||
has the written consent of his or her parent or
legal | ||
guardian to possess and acquire firearms and firearm | ||
ammunition and that
he or she has never been convicted | ||
of a misdemeanor other than a traffic
offense or | ||
adjudged
delinquent, provided, however, that such | ||
parent or legal guardian is not an
individual | ||
prohibited from having a Firearm Owner's | ||
Identification Card and
files an affidavit with the | ||
Department as prescribed by the Department
stating | ||
that he or she is not an individual prohibited from | ||
having a Card; | ||
(i-5) This subparagraph (i-5) applies on and after | ||
the 181st day following July 12, 2019 ( the effective | ||
date of Public Act 101-80) this amendatory Act of the | ||
101st General Assembly . He or she is 21 years of age or | ||
over, or if he or she is under 21
years of age that he | ||
or she has never been convicted of a misdemeanor other | ||
than a traffic offense or adjudged delinquent and is | ||
an active duty member of the United States Armed | ||
Forces or has the written consent of his or her parent |
or
legal guardian to possess and acquire firearms and | ||
firearm ammunition, provided, however, that such | ||
parent or legal guardian is not an
individual | ||
prohibited from having a Firearm Owner's | ||
Identification Card and
files an affidavit with the | ||
Illinois State Police Department as prescribed by the | ||
Illinois State Police Department
stating that he or | ||
she is not an individual prohibited from having a Card | ||
or the active duty member of the United States Armed | ||
Forces under 21 years of age annually submits proof to | ||
the Illinois State Police, in a manner prescribed by | ||
the Illinois State Police Department ;
| ||
(ii) He or she has not been convicted of a felony | ||
under the laws of
this or any other jurisdiction;
| ||
(iii) He or she is not addicted to narcotics;
| ||
(iv) He or she has not been a patient in a mental | ||
health facility within
the past 5 years or, if he or | ||
she has been a patient in a mental health facility more | ||
than 5 years ago submit the certification required | ||
under subsection (u) of Section 8 of this Act;
| ||
(v) He or she is not a person with an intellectual | ||
disability;
| ||
(vi) He or she is not a noncitizen an alien who is | ||
unlawfully present in the
United States under the laws | ||
of the United States;
| ||
(vii) He or she is not subject to an existing order |
of protection
prohibiting him or her from possessing a | ||
firearm;
| ||
(viii) He or she has not been convicted within the | ||
past 5 years of
battery, assault, aggravated assault, | ||
violation of an order of
protection, or a | ||
substantially similar offense in another jurisdiction, | ||
in
which a firearm was used or possessed;
| ||
(ix) He or she has not been convicted of domestic | ||
battery, aggravated domestic battery, or a
| ||
substantially similar offense in another
jurisdiction | ||
committed before, on or after January 1, 2012 (the | ||
effective date of Public Act 97-158). If the applicant | ||
knowingly and intelligently waives the right to have | ||
an offense described in this clause (ix) tried by a | ||
jury, and by guilty plea or otherwise, results in a | ||
conviction for an offense in which a domestic | ||
relationship is not a required element of the offense | ||
but in which a determination of the applicability of | ||
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||
the Code of Criminal Procedure of 1963, an entry by the | ||
court of a judgment of conviction for that offense | ||
shall be grounds for denying the issuance of a Firearm | ||
Owner's Identification Card under this Section;
| ||
(x) (Blank);
| ||
(xi) He or she is not a noncitizen an alien who has | ||
been admitted to the United
States under a |
non-immigrant visa (as that term is defined in Section
| ||
101(a)(26) of the Immigration and Nationality Act (8 | ||
U.S.C. 1101(a)(26))),
or that he or she is a | ||
noncitizen an alien who has been lawfully admitted to | ||
the United
States under a non-immigrant visa if that | ||
noncitizen alien is:
| ||
(1) admitted to the United States for lawful | ||
hunting or sporting
purposes;
| ||
(2) an official representative of a foreign | ||
government who is:
| ||
(A) accredited to the United States | ||
Government or the Government's
mission to an | ||
international organization having its | ||
headquarters in the United
States; or
| ||
(B) en route to or from another country to | ||
which that noncitizen alien is
accredited;
| ||
(3) an official of a foreign government or | ||
distinguished foreign
visitor who has been so | ||
designated by the Department of State;
| ||
(4) a foreign law enforcement officer of a | ||
friendly foreign
government entering the United | ||
States on official business; or
| ||
(5) one who has received a waiver from the | ||
Attorney General of the
United States pursuant to | ||
18 U.S.C. 922(y)(3);
| ||
(xii) He or she is not a minor subject to a |
petition filed
under Section 5-520 of the Juvenile | ||
Court Act of 1987 alleging that the
minor is a | ||
delinquent minor for the commission of an offense that | ||
if
committed by an adult would be a felony;
| ||
(xiii) He or she is not an adult who had been | ||
adjudicated a delinquent
minor under the Juvenile | ||
Court Act of 1987 for the commission of an offense
that | ||
if committed by an adult would be a felony;
| ||
(xiv) He or she is a resident of the State of | ||
Illinois; | ||
(xv) He or she has not been adjudicated as a person | ||
with a mental disability; | ||
(xvi) He or she has not been involuntarily | ||
admitted into a mental health facility; and | ||
(xvii) He or she is not a person with a | ||
developmental disability; and | ||
(3) Upon request by the Illinois State Police, sign a | ||
release on a
form prescribed by the Illinois State Police | ||
waiving any right to
confidentiality and requesting the | ||
disclosure to the Illinois State Police
of limited mental | ||
health institution admission information from another | ||
state,
the District of Columbia, any other territory of | ||
the United States, or a
foreign nation concerning the | ||
applicant for the sole purpose of determining
whether the | ||
applicant is or was a patient in a mental health | ||
institution and
disqualified because of that status from |
receiving a Firearm Owner's
Identification Card. No mental | ||
health care or treatment records may be
requested. The | ||
information received shall be destroyed within one year of
| ||
receipt.
| ||
(a-5) Each applicant for a Firearm Owner's Identification | ||
Card who is over
the age of 18 shall furnish to the Illinois | ||
State Police either his or
her Illinois driver's license | ||
number or Illinois Identification Card number, except as
| ||
provided in subsection (a-10).
| ||
(a-10) Each applicant for a Firearm Owner's Identification | ||
Card,
who is employed as a law enforcement officer, an armed | ||
security officer in Illinois, or by the United States Military
| ||
permanently assigned in Illinois and who is not an Illinois | ||
resident, shall furnish to
the Illinois State Police his or | ||
her driver's license number or state
identification card | ||
number from his or her state of residence. The Illinois State | ||
Police may adopt rules to enforce the provisions of this
| ||
subsection (a-10).
| ||
(a-15) If an applicant applying for a Firearm Owner's | ||
Identification Card moves from the residence address named in | ||
the application, he or she shall immediately notify in a form | ||
and manner prescribed by the Illinois State Police of that | ||
change of address. | ||
(a-20) Each applicant for a Firearm Owner's Identification | ||
Card shall furnish to the Illinois State Police his or her | ||
photograph. An applicant who is 21 years of age or older |
seeking a religious exemption to the photograph requirement | ||
must furnish with the application an approved copy of United | ||
States Department of the Treasury Internal Revenue Service | ||
Form 4029. In lieu of a photograph, an applicant regardless of | ||
age seeking a religious exemption to the photograph | ||
requirement shall submit fingerprints on a form and manner | ||
prescribed by the Illinois State Police Department with his or | ||
her application. | ||
(a-25) Beginning January 1, 2023, each applicant for the | ||
issuance of a Firearm Owner's Identification Card may include | ||
a full set of his or her fingerprints in electronic format to | ||
the Illinois State Police, unless the applicant has previously | ||
provided a full set of his or her fingerprints to the Illinois | ||
State Police under this Act or the Firearm Concealed Carry | ||
Act. | ||
The fingerprints must be transmitted through a live scan | ||
fingerprint vendor licensed by the Department of Financial and | ||
Professional Regulation. The fingerprints shall be checked | ||
against the fingerprint records now and hereafter filed in the | ||
Illinois State Police and Federal Bureau of Investigation | ||
criminal history records databases, including all available | ||
State and local criminal history record information files. | ||
The Illinois State Police shall charge applicants a | ||
one-time fee for conducting the criminal history record check, | ||
which shall be deposited into the State Police Services Fund | ||
and shall not exceed the actual cost of the State and national |
criminal history record check. | ||
(a-26) The Illinois State Police shall research, explore, | ||
and report to the General Assembly by January 1, 2022 on the | ||
feasibility of permitting voluntarily submitted fingerprints | ||
obtained for purposes other than Firearm Owner's | ||
Identification Card enforcement that are contained in the | ||
Illinois State Police database for purposes of this Act. | ||
(b) Each application form shall include the following | ||
statement printed in
bold type: "Warning: Entering false | ||
information on an application for a Firearm
Owner's | ||
Identification Card is punishable as a Class 2 felony in | ||
accordance
with subsection (d-5) of Section 14 of the Firearm | ||
Owners Identification Card
Act.".
| ||
(c) Upon such written consent, pursuant to Section 4, | ||
paragraph (a)(2)(i),
the parent or legal guardian giving the | ||
consent shall be liable for any
damages resulting from the | ||
applicant's use of firearms or firearm ammunition.
| ||
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||
102-538, eff. 8-20-21; revised 10-12-21.)
| ||
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||
Sec. 8. Grounds for denial and revocation. The Illinois | ||
State Police has authority to deny an
application for or to | ||
revoke and seize a Firearm Owner's Identification
Card | ||
previously issued under this Act only if the Illinois State | ||
Police Department finds that the
applicant or the person to |
whom such card was issued is or was at the time
of issuance:
| ||
(a) A person under 21 years of age who has been | ||
convicted of a
misdemeanor other than a traffic offense or | ||
adjudged delinquent;
| ||
(b) This subsection (b) applies through the 180th day | ||
following July 12, 2019 ( the effective date of Public Act | ||
101-80) this amendatory Act of the 101st General Assembly . | ||
A person under 21 years of age who does not have the | ||
written consent
of his parent or guardian to acquire and | ||
possess firearms and firearm
ammunition, or whose parent | ||
or guardian has revoked such written consent,
or where | ||
such parent or guardian does not qualify to have a Firearm | ||
Owner's
Identification Card; | ||
(b-5) This subsection (b-5) applies on and after the | ||
181st day following July 12, 2019 ( the effective date of | ||
Public Act 101-80) this amendatory Act of the 101st | ||
General Assembly . A person under 21 years of age who is not | ||
an active duty member of the United States Armed Forces | ||
and does not have the written consent
of his or her parent | ||
or guardian to acquire and possess firearms and firearm
| ||
ammunition, or whose parent or guardian has revoked such | ||
written consent,
or where such parent or guardian does not | ||
qualify to have a Firearm Owner's
Identification Card;
| ||
(c) A person convicted of a felony under the laws of | ||
this or any other
jurisdiction;
| ||
(d) A person addicted to narcotics;
|
(e) A person who has been a patient of a mental health | ||
facility within the
past 5 years or a person who has been a | ||
patient in a mental health facility more than 5 years ago | ||
who has not received the certification required under | ||
subsection (u) of this Section. An active law enforcement | ||
officer employed by a unit of government or a Department | ||
of Corrections employee authorized to possess firearms who | ||
is denied, revoked, or has his or her Firearm Owner's | ||
Identification Card seized under this subsection (e) may | ||
obtain relief as described in subsection (c-5) of Section | ||
10 of this Act if the officer or employee did not act in a | ||
manner threatening to the officer or employee, another | ||
person, or the public as determined by the treating | ||
clinical psychologist or physician, and the officer or | ||
employee seeks mental health treatment;
| ||
(f) A person whose mental condition is of such a | ||
nature that it poses
a clear and present danger to the | ||
applicant, any other person or persons , or
the community;
| ||
(g) A person who has an intellectual disability;
| ||
(h) A person who intentionally makes a false statement | ||
in the Firearm
Owner's Identification Card application;
| ||
(i) A noncitizen An alien who is unlawfully present in
| ||
the United States under the laws of the United States;
| ||
(i-5) A noncitizen An alien who has been admitted to | ||
the United States under a
non-immigrant visa (as that term | ||
is defined in Section 101(a)(26) of the
Immigration and |
Nationality Act (8 U.S.C. 1101(a)(26))), except that this
| ||
subsection (i-5) does not apply to any noncitizen alien | ||
who has been lawfully admitted to
the United States under | ||
a non-immigrant visa if that noncitizen alien is:
| ||
(1) admitted to the United States for lawful | ||
hunting or sporting purposes;
| ||
(2) an official representative of a foreign | ||
government who is:
| ||
(A) accredited to the United States Government | ||
or the Government's
mission to an international | ||
organization having its headquarters in the United
| ||
States; or
| ||
(B) en route to or from another country to | ||
which that noncitizen alien is
accredited;
| ||
(3) an official of a foreign government or | ||
distinguished foreign visitor
who has been so | ||
designated by the Department of State;
| ||
(4) a foreign law enforcement officer of a | ||
friendly foreign government
entering the United States | ||
on official business; or
| ||
(5) one who has received a waiver from the | ||
Attorney General of the United
States pursuant to 18 | ||
U.S.C. 922(y)(3);
| ||
(j) (Blank);
| ||
(k) A person who has been convicted within the past 5 | ||
years of battery,
assault, aggravated assault, violation |
of an order of protection, or a
substantially similar | ||
offense in another jurisdiction, in which a firearm was
| ||
used or possessed;
| ||
(l) A person who has been convicted of domestic | ||
battery, aggravated domestic battery, or a substantially
| ||
similar offense in another jurisdiction committed before, | ||
on or after January 1, 2012 (the effective date of Public | ||
Act 97-158). If the applicant or person who has been | ||
previously issued a Firearm Owner's Identification Card | ||
under this Act knowingly and intelligently waives the | ||
right to have an offense described in this paragraph (l) | ||
tried by a jury, and by guilty plea or otherwise, results | ||
in a conviction for an offense in which a domestic | ||
relationship is not a required element of the offense but | ||
in which a determination of the applicability of 18 U.S.C. | ||
922(g)(9) is made under Section 112A-11.1 of the Code of | ||
Criminal Procedure of 1963, an entry by the court of a | ||
judgment of conviction for that offense shall be grounds | ||
for denying an application for and for revoking and | ||
seizing a Firearm Owner's Identification Card previously | ||
issued to the person under this Act;
| ||
(m) (Blank);
| ||
(n) A person who is prohibited from acquiring or | ||
possessing
firearms or firearm ammunition by any Illinois | ||
State statute or by federal
law;
| ||
(o) A minor subject to a petition filed under Section |
5-520 of the
Juvenile Court Act of 1987 alleging that the | ||
minor is a delinquent minor for
the commission of an | ||
offense that if committed by an adult would be a felony;
| ||
(p) An adult who had been adjudicated a delinquent | ||
minor under the Juvenile
Court Act of 1987 for the | ||
commission of an offense that if committed by an
adult | ||
would be a felony;
| ||
(q) A person who is not a resident of the State of | ||
Illinois, except as provided in subsection (a-10) of | ||
Section 4; | ||
(r) A person who has been adjudicated as a person with | ||
a mental disability; | ||
(s) A person who has been found to have a | ||
developmental disability; | ||
(t) A person involuntarily admitted into a mental | ||
health facility; or | ||
(u) A person who has had his or her Firearm Owner's | ||
Identification Card revoked or denied under subsection (e) | ||
of this Section or item (iv) of paragraph (2) of | ||
subsection (a) of Section 4 of this Act because he or she | ||
was a patient in a mental health facility as provided in | ||
subsection (e) of this Section, shall not be permitted to | ||
obtain a Firearm Owner's Identification Card, after the | ||
5-year period has lapsed, unless he or she has received a | ||
mental health evaluation by a physician, clinical | ||
psychologist, or qualified examiner as those terms are |
defined in the Mental Health and Developmental | ||
Disabilities Code, and has received a certification that | ||
he or she is not a clear and present danger to himself, | ||
herself, or others. The physician, clinical psychologist, | ||
or qualified examiner making the certification and his or | ||
her employer shall not be held criminally, civilly, or | ||
professionally liable for making or not making the | ||
certification required under this subsection, except for | ||
willful or wanton misconduct. This subsection does not | ||
apply to a person whose firearm possession rights have | ||
been restored through administrative or judicial action | ||
under Section 10 or 11 of this Act. | ||
Upon revocation of a person's Firearm Owner's | ||
Identification Card, the Illinois State Police shall provide | ||
notice to the person and the person shall comply with Section | ||
9.5 of this Act. | ||
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||
102-645, eff. 1-1-22; revised 10-14-21.)
| ||
Section 95. The Criminal Code of 2012 is amended by | ||
changing Section 17-6.5 as follows: | ||
(720 ILCS 5/17-6.5)
| ||
Sec. 17-6.5. Persons under deportation order; | ||
ineligibility for benefits. | ||
(a) An individual against whom a United States Immigration |
Judge
has issued an order of deportation which has been | ||
affirmed by the Board of
Immigration Review, as well as an | ||
individual who appeals such an order
pending appeal, under | ||
paragraph 19 of Section 241(a) of the
Immigration and | ||
Nationality Act relating to persecution of others on
account | ||
of race, religion, national origin or political opinion under | ||
the
direction of or in association with the Nazi government of | ||
Germany or its
allies, shall be ineligible for the following | ||
benefits authorized by State law: | ||
(1) The homestead exemptions and homestead improvement
| ||
exemption under Sections 15-170, 15-175, 15-176, and | ||
15-180 of the Property Tax Code. | ||
(2) Grants under the Senior Citizens and Persons with | ||
Disabilities Property Tax
Relief Act. | ||
(3) The double income tax exemption conferred upon | ||
persons 65 years of
age or older by Section 204 of the | ||
Illinois Income Tax Act. | ||
(4) Grants provided by the Department on Aging. | ||
(5) Reductions in vehicle registration fees under | ||
Section 3-806.3 of the
Illinois Vehicle Code. | ||
(6) Free fishing and reduced fishing license fees | ||
under Sections 20-5
and 20-40 of the Fish and Aquatic Life | ||
Code. | ||
(7) Tuition free courses for senior citizens under the | ||
Senior Citizen
Courses Act. | ||
(8) Any benefits under the Illinois Public Aid Code. |
(b) If a person has been found by a court to have knowingly
| ||
received benefits in violation of subsection (a) and: | ||
(1) the total monetary value of the benefits received | ||
is less than $150, the person is guilty
of a Class A | ||
misdemeanor; a second or subsequent violation is a Class 4 | ||
felony; | ||
(2) the total monetary value of the benefits received | ||
is $150 or more but less than $1,000,
the person is guilty | ||
of a Class 4 felony; a second or subsequent violation is a | ||
Class 3 felony; | ||
(3) the total monetary value of the benefits received | ||
is $1,000 or more but less than $5,000,
the person is | ||
guilty of a Class 3 felony; a second or subsequent | ||
violation is a Class 2 felony; | ||
(4) the total monetary value of the benefits received | ||
is $5,000 or more but less than $10,000,
the person is | ||
guilty of a Class 2 felony; a second or subsequent | ||
violation is a Class 1 felony; or | ||
(5) the total monetary value of the benefits received | ||
is $10,000 or more, the person is guilty
of a Class 1 | ||
felony. | ||
(c) For purposes of determining the classification of an | ||
offense under
this Section, all of the monetary value of the | ||
benefits
received as a result of the unlawful act,
practice, | ||
or course of conduct may be accumulated. | ||
(d) Any grants awarded to persons described in subsection |
(a) may be recovered by the State of Illinois in a civil action | ||
commenced
by the Attorney General in the circuit court of | ||
Sangamon County or the
State's Attorney of the county of | ||
residence of the person described in
subsection (a). | ||
(e) An individual described in subsection (a) who has been
| ||
deported shall be restored to any benefits which that | ||
individual has been
denied under State law pursuant to | ||
subsection (a) if (i) the Attorney
General of the United | ||
States has issued an order cancelling deportation and
has | ||
adjusted the status of the individual to that of a person an | ||
alien lawfully
admitted for permanent residence in the United | ||
States or (ii) the country
to which the individual has been | ||
deported adjudicates or exonerates the
individual in a | ||
judicial or administrative proceeding as not being guilty
of | ||
the persecution of others on account of race, religion, | ||
national origin,
or political opinion under the direction of | ||
or in association with the Nazi
government of Germany or its | ||
allies.
| ||
(Source: P.A. 99-143, eff. 7-27-15.) | ||
Section 100. The Prevention of Cigarette and Electronic | ||
Cigarette Sales to Persons under 21 Years of Age Act is amended | ||
by changing Section 2 as follows: | ||
(720 ILCS 678/2) | ||
Sec. 2. Definitions. For the purpose of this Act: |
"Cigarette", when used in this Act, means any roll for | ||
smoking made wholly or in part of tobacco irrespective of size | ||
or shape and whether or not the tobacco is flavored, | ||
adulterated, or mixed with any other ingredient, and the | ||
wrapper or cover of which is made of paper or any other | ||
substance or material except whole leaf tobacco. | ||
"Clear and conspicuous statement" means the statement is | ||
of sufficient type size to be clearly readable by the | ||
recipient of the communication. | ||
"Consumer" means an individual who acquires or seeks to | ||
acquire cigarettes or electronic cigarettes for personal use. | ||
"Delivery sale" means any sale of cigarettes or electronic | ||
cigarettes to a consumer if: | ||
(a) the consumer submits the order for such sale by | ||
means of a telephone or other method of voice | ||
transmission, the mails, or the Internet or other online | ||
service, or the seller is otherwise not in the physical | ||
presence of the buyer when the request for purchase or | ||
order is made; or | ||
(b) the cigarettes or electronic cigarettes are | ||
delivered by use of a common carrier, private delivery
| ||
service, or the mails, or the seller is not in the physical | ||
presence of the buyer when the buyer obtains possession of | ||
the cigarettes or electronic cigarettes. | ||
"Delivery service" means any person (other than a person | ||
that makes a delivery sale) who
delivers to the consumer the |
cigarettes or electronic cigarettes sold in a delivery sale. | ||
"Department" means the Department of Revenue. | ||
"Electronic cigarette" means: | ||
(1) any device that employs a battery or other | ||
mechanism to heat a solution or substance to produce a | ||
vapor or aerosol intended for inhalation; | ||
(2) any cartridge or container of a solution or | ||
substance intended to be used with or in the device or to | ||
refill the device; or | ||
(3) any solution or substance, whether or not it | ||
contains nicotine, intended for use in the device. | ||
"Electronic cigarette" includes, but is not limited to, | ||
any electronic nicotine delivery system, electronic cigar, | ||
electronic cigarillo, electronic pipe, electronic hookah, vape | ||
pen, or similar product or device, and any component, part, or | ||
accessory of a device used during the operation of the device, | ||
even if the part or accessory was sold separately. "Electronic | ||
cigarette" does not include: cigarettes, as defined in Section | ||
1 of the Cigarette Tax Act; any product approved by the United | ||
States Food and Drug Administration for sale as a tobacco | ||
cessation product, a tobacco dependence product, or for other | ||
medical purposes that is marketed and sold solely for that | ||
approved purpose; any asthma inhaler prescribed by a physician | ||
for that condition that is marketed and sold solely for that | ||
approved purpose; any device that meets the definition of | ||
cannabis paraphernalia under Section 1-10 of the Cannabis |
Regulation and Tax Act; or any cannabis product sold by a | ||
dispensing organization pursuant to the Cannabis Regulation | ||
and Tax Act or the Compassionate Use of Medical Cannabis | ||
Program Act. | ||
"Government-issued identification" means a State driver's | ||
license, State identification card, passport, a military | ||
identification or an official naturalization or immigration | ||
document, such as a permanent resident card an alien | ||
registration recipient card (commonly known as a "green card") | ||
or an immigrant visa. | ||
"Mails" or "mailing" mean the shipment of cigarettes or | ||
electronic cigarettes through the United States Postal | ||
Service. | ||
"Out-of-state sale" means a sale of cigarettes or | ||
electronic cigarettes to a consumer located outside of this | ||
State where the consumer submits the order for such sale by | ||
means of a telephonic or other method of voice transmission, | ||
the mails or any other delivery service, facsimile | ||
transmission, or the Internet or other online service and | ||
where the cigarettes or electronic cigarettes are delivered by | ||
use of the mails or other delivery service. | ||
"Person" means any individual, corporation, partnership, | ||
limited liability company, association, or other organization | ||
that engages in any for-profit or not-for-profit activities. | ||
"Shipping package" means a container in which packs or | ||
cartons of cigarettes or electronic cigarettes are shipped in |
connection with a delivery sale. | ||
"Shipping documents" means bills of lading, air bills, or | ||
any other documents used to evidence the undertaking by a | ||
delivery service to deliver letters, packages, or other | ||
containers.
| ||
(Source: P.A. 102-575, eff. 1-1-22 .) | ||
Section 105. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 113-8 as follows:
| ||
(725 ILCS 5/113-8)
| ||
Sec. 113-8. Advisement concerning status as a noncitizen | ||
an alien . | ||
(a) Before the acceptance of a plea of guilty, guilty but | ||
mentally ill, or
nolo contendere to a misdemeanor or felony
| ||
offense, the court shall give the following advisement to the | ||
defendant in open
court:
| ||
"If you are not a citizen of the United States, you are | ||
hereby advised that
conviction of the offense for which you
| ||
have been charged may have the consequence of deportation, | ||
exclusion from
admission to the United States, or denial of
| ||
naturalization under the laws of the United States.".
| ||
(b) If the defendant is arraigned on or after the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly, and the court fails to advise the defendant as | ||
required by subsection (a) of this Section, and the defendant |
shows that conviction of the offense to which the defendant | ||
pleaded guilty, guilty but mentally ill, or nolo contendere | ||
may have the consequence for the defendant of deportation, | ||
exclusion from admission to the United States, or denial of | ||
naturalization under the laws of the United States, the court, | ||
upon the defendant's motion, shall vacate the judgment and | ||
permit the defendant to withdraw the plea of guilty, guilty | ||
but mentally ill, or nolo contendere and enter a plea of not | ||
guilty. The motion
shall be filed within 2 years of the date of | ||
the defendant's
conviction. | ||
(Source: P.A. 101-409, eff. 1-1-20 .)
| ||
Section 110. The Unified Code of Corrections is amended by | ||
changing Sections 3-2-2 and 5-5-3 as follows:
| ||
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||
Sec. 3-2-2. Powers and duties of the Department.
| ||
(1) In addition to the powers, duties, and | ||
responsibilities which are
otherwise provided by law, the | ||
Department shall have the following powers:
| ||
(a) To accept persons committed to it by the courts of | ||
this State for
care, custody, treatment , and | ||
rehabilitation, and to accept federal prisoners and | ||
noncitizens aliens over whom the Office of the Federal | ||
Detention Trustee is authorized to exercise the federal | ||
detention function for limited purposes and periods of |
time.
| ||
(b) To develop and maintain reception and evaluation | ||
units for purposes
of analyzing the custody and | ||
rehabilitation needs of persons committed to
it and to | ||
assign such persons to institutions and programs under its | ||
control
or transfer them to other appropriate agencies. In | ||
consultation with the
Department of Alcoholism and | ||
Substance Abuse (now the Department of Human
Services), | ||
the Department of Corrections
shall develop a master plan | ||
for the screening and evaluation of persons
committed to | ||
its custody who have alcohol or drug abuse problems, and | ||
for
making appropriate treatment available to such | ||
persons; the Department
shall report to the General | ||
Assembly on such plan not later than April 1,
1987. The | ||
maintenance and implementation of such plan shall be | ||
contingent
upon the availability of funds.
| ||
(b-1) To create and implement, on January 1, 2002, a | ||
pilot
program to
establish the effectiveness of | ||
pupillometer technology (the measurement of the
pupil's
| ||
reaction to light) as an alternative to a urine test for | ||
purposes of screening
and evaluating
persons committed to | ||
its custody who have alcohol or drug problems. The
pilot | ||
program shall require the pupillometer technology to be | ||
used in at
least one Department of
Corrections facility. | ||
The Director may expand the pilot program to include an
| ||
additional facility or
facilities as he or she deems |
appropriate.
A minimum of 4,000 tests shall be included in | ||
the pilot program.
The
Department must report to the
| ||
General Assembly on the
effectiveness of the program by | ||
January 1, 2003.
| ||
(b-5) To develop, in consultation with the Illinois | ||
State Police, a
program for tracking and evaluating each | ||
inmate from commitment through release
for recording his | ||
or her gang affiliations, activities, or ranks.
| ||
(c) To maintain and administer all State correctional | ||
institutions and
facilities under its control and to | ||
establish new ones as needed. Pursuant
to its power to | ||
establish new institutions and facilities, the Department
| ||
may, with the written approval of the Governor, authorize | ||
the Department of
Central Management Services to enter | ||
into an agreement of the type
described in subsection (d) | ||
of Section 405-300 of the
Department
of Central Management | ||
Services Law. The Department shall
designate those | ||
institutions which
shall constitute the State Penitentiary | ||
System. The Department of Juvenile Justice shall maintain | ||
and administer all State youth centers pursuant to | ||
subsection (d) of Section 3-2.5-20.
| ||
Pursuant to its power to establish new institutions | ||
and facilities, the
Department may authorize the | ||
Department of Central Management Services to
accept bids | ||
from counties and municipalities for the construction,
| ||
remodeling , or conversion of a structure to be leased to |
the Department of
Corrections for the purposes of its | ||
serving as a correctional institution
or facility. Such | ||
construction, remodeling , or conversion may be financed
| ||
with revenue bonds issued pursuant to the Industrial | ||
Building Revenue Bond
Act by the municipality or county. | ||
The lease specified in a bid shall be
for a term of not | ||
less than the time needed to retire any revenue bonds
used | ||
to finance the project, but not to exceed 40 years. The | ||
lease may
grant to the State the option to purchase the | ||
structure outright.
| ||
Upon receipt of the bids, the Department may certify | ||
one or more of the
bids and shall submit any such bids to | ||
the General Assembly for approval.
Upon approval of a bid | ||
by a constitutional majority of both houses of the
General | ||
Assembly, pursuant to joint resolution, the Department of | ||
Central
Management Services may enter into an agreement | ||
with the county or
municipality pursuant to such bid.
| ||
(c-5) To build and maintain regional juvenile | ||
detention centers and to
charge a per diem to the counties | ||
as established by the Department to defray
the costs of | ||
housing each minor in a center. In this subsection (c-5),
| ||
"juvenile
detention center" means a facility to house | ||
minors during pendency of trial who
have been transferred | ||
from proceedings under the Juvenile Court Act of 1987 to
| ||
prosecutions under the criminal laws of this State in | ||
accordance with Section
5-805 of the Juvenile Court Act of |
1987, whether the transfer was by operation
of
law or | ||
permissive under that Section. The Department shall | ||
designate the
counties to be served by each regional | ||
juvenile detention center.
| ||
(d) To develop and maintain programs of control, | ||
rehabilitation , and
employment of committed persons within | ||
its institutions.
| ||
(d-5) To provide a pre-release job preparation program | ||
for inmates at Illinois adult correctional centers.
| ||
(d-10) To provide educational and visitation | ||
opportunities to committed persons within its institutions | ||
through temporary access to content-controlled tablets | ||
that may be provided as a privilege to committed persons | ||
to induce or reward compliance. | ||
(e) To establish a system of supervision and guidance | ||
of committed persons
in the community.
| ||
(f) To establish in cooperation with the Department of | ||
Transportation
to supply a sufficient number of prisoners | ||
for use by the Department of
Transportation to clean up | ||
the trash and garbage along State, county,
township, or | ||
municipal highways as designated by the Department of
| ||
Transportation. The Department of Corrections, at the | ||
request of the
Department of Transportation, shall furnish | ||
such prisoners at least
annually for a period to be agreed | ||
upon between the Director of
Corrections and the Secretary | ||
of Transportation. The prisoners used on this
program |
shall be selected by the Director of Corrections on | ||
whatever basis
he deems proper in consideration of their | ||
term, behavior and earned eligibility
to participate in | ||
such program - where they will be outside of the prison
| ||
facility but still in the custody of the Department of | ||
Corrections. Prisoners
convicted of first degree murder, | ||
or a Class X felony, or armed violence, or
aggravated | ||
kidnapping, or criminal sexual assault, aggravated | ||
criminal sexual
abuse or a subsequent conviction for | ||
criminal sexual abuse, or forcible
detention, or arson, or | ||
a prisoner adjudged a Habitual Criminal shall not be
| ||
eligible for selection to participate in such program. The | ||
prisoners shall
remain as prisoners in the custody of the | ||
Department of Corrections and such
Department shall | ||
furnish whatever security is necessary. The Department of
| ||
Transportation shall furnish trucks and equipment for the | ||
highway cleanup
program and personnel to supervise and | ||
direct the program. Neither the
Department of Corrections | ||
nor the Department of Transportation shall replace
any | ||
regular employee with a prisoner.
| ||
(g) To maintain records of persons committed to it and | ||
to establish
programs of research, statistics , and | ||
planning.
| ||
(h) To investigate the grievances of any person | ||
committed to the
Department and to inquire into any | ||
alleged misconduct by employees
or committed persons; and |
for
these purposes it may issue subpoenas and compel the | ||
attendance of witnesses
and the production of writings and | ||
papers, and may examine under oath any
witnesses who may | ||
appear before it; to also investigate alleged violations
| ||
of a parolee's or releasee's conditions of parole or | ||
release; and for this
purpose it may issue subpoenas and | ||
compel the attendance of witnesses and
the production of | ||
documents only if there is reason to believe that such
| ||
procedures would provide evidence that such violations | ||
have occurred.
| ||
If any person fails to obey a subpoena issued under | ||
this subsection,
the Director may apply to any circuit | ||
court to secure compliance with the
subpoena. The failure | ||
to comply with the order of the court issued in
response | ||
thereto shall be punishable as contempt of court.
| ||
(i) To appoint and remove the chief administrative | ||
officers, and
administer
programs of training and | ||
development of personnel of the Department. Personnel
| ||
assigned by the Department to be responsible for the
| ||
custody and control of committed persons or to investigate | ||
the alleged
misconduct of committed persons or employees | ||
or alleged violations of a
parolee's or releasee's | ||
conditions of parole shall be conservators of the peace
| ||
for those purposes, and shall have the full power of peace | ||
officers outside
of the facilities of the Department in | ||
the protection, arrest, retaking ,
and reconfining of |
committed persons or where the exercise of such power
is | ||
necessary to the investigation of such misconduct or | ||
violations. This subsection shall not apply to persons | ||
committed to the Department of Juvenile Justice under the | ||
Juvenile Court Act of 1987 on aftercare release.
| ||
(j) To cooperate with other departments and agencies | ||
and with local
communities for the development of | ||
standards and programs for better
correctional services in | ||
this State.
| ||
(k) To administer all moneys and properties of the | ||
Department.
| ||
(l) To report annually to the Governor on the | ||
committed
persons, institutions , and programs of the | ||
Department.
| ||
(l-5) (Blank).
| ||
(m) To make all rules and regulations and exercise all | ||
powers and duties
vested by law in the Department.
| ||
(n) To establish rules and regulations for | ||
administering a system of
sentence credits, established in | ||
accordance with Section 3-6-3, subject
to review by the | ||
Prisoner Review Board.
| ||
(o) To administer the distribution of funds
from the | ||
State Treasury to reimburse counties where State penal
| ||
institutions are located for the payment of assistant | ||
state's attorneys'
salaries under Section 4-2001 of the | ||
Counties Code.
|
(p) To exchange information with the Department of | ||
Human Services and the
Department of Healthcare and Family | ||
Services
for the purpose of verifying living arrangements | ||
and for other purposes
directly connected with the | ||
administration of this Code and the Illinois
Public Aid | ||
Code.
| ||
(q) To establish a diversion program.
| ||
The program shall provide a structured environment for | ||
selected
technical parole or mandatory supervised release | ||
violators and committed
persons who have violated the | ||
rules governing their conduct while in work
release. This | ||
program shall not apply to those persons who have | ||
committed
a new offense while serving on parole or | ||
mandatory supervised release or
while committed to work | ||
release.
| ||
Elements of the program shall include, but shall not | ||
be limited to, the
following:
| ||
(1) The staff of a diversion facility shall | ||
provide supervision in
accordance with required | ||
objectives set by the facility.
| ||
(2) Participants shall be required to maintain | ||
employment.
| ||
(3) Each participant shall pay for room and board | ||
at the facility on a
sliding-scale basis according to | ||
the participant's income.
| ||
(4) Each participant shall:
|
(A) provide restitution to victims in | ||
accordance with any court order;
| ||
(B) provide financial support to his | ||
dependents; and
| ||
(C) make appropriate payments toward any other | ||
court-ordered
obligations.
| ||
(5) Each participant shall complete community | ||
service in addition to
employment.
| ||
(6) Participants shall take part in such | ||
counseling, educational , and
other programs as the | ||
Department may deem appropriate.
| ||
(7) Participants shall submit to drug and alcohol | ||
screening.
| ||
(8) The Department shall promulgate rules | ||
governing the administration
of the program.
| ||
(r) To enter into intergovernmental cooperation | ||
agreements under which
persons in the custody of the | ||
Department may participate in a county impact
| ||
incarceration program established under Section 3-6038 or | ||
3-15003.5 of the
Counties Code.
| ||
(r-5) (Blank).
| ||
(r-10) To systematically and routinely identify with | ||
respect to each
streetgang active within the correctional | ||
system: (1) each active gang; (2)
every existing | ||
inter-gang affiliation or alliance; and (3) the current | ||
leaders
in each gang. The Department shall promptly |
segregate leaders from inmates who
belong to their gangs | ||
and allied gangs. "Segregate" means no physical contact
| ||
and, to the extent possible under the conditions and space | ||
available at the
correctional facility, prohibition of | ||
visual and sound communication. For the
purposes of this | ||
paragraph (r-10), "leaders" means persons who:
| ||
(i) are members of a criminal streetgang;
| ||
(ii) with respect to other individuals within the | ||
streetgang, occupy a
position of organizer, | ||
supervisor, or other position of management or
| ||
leadership; and
| ||
(iii) are actively and personally engaged in | ||
directing, ordering,
authorizing, or requesting | ||
commission of criminal acts by others, which are
| ||
punishable as a felony, in furtherance of streetgang | ||
related activity both
within and outside of the | ||
Department of Corrections.
| ||
"Streetgang", "gang", and "streetgang related" have the | ||
meanings ascribed to
them in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention
Act.
| ||
(s) To operate a super-maximum security institution, | ||
in order to
manage and
supervise inmates who are | ||
disruptive or dangerous and provide for the safety
and | ||
security of the staff and the other inmates.
| ||
(t) To monitor any unprivileged conversation or any | ||
unprivileged
communication, whether in person or by mail, |
telephone, or other means,
between an inmate who, before | ||
commitment to the Department, was a member of an
organized | ||
gang and any other person without the need to show cause or | ||
satisfy
any other requirement of law before beginning the | ||
monitoring, except as
constitutionally required. The | ||
monitoring may be by video, voice, or other
method of | ||
recording or by any other means. As used in this | ||
subdivision (1)(t),
"organized gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
As used in this subdivision (1)(t), "unprivileged | ||
conversation" or
"unprivileged communication" means a | ||
conversation or communication that is not
protected by any | ||
privilege recognized by law or by decision, rule, or order | ||
of
the Illinois Supreme Court.
| ||
(u) To establish a Women's and Children's Pre-release | ||
Community
Supervision
Program for the purpose of providing | ||
housing and services to eligible female
inmates, as | ||
determined by the Department, and their newborn and young
| ||
children.
| ||
(u-5) To issue an order, whenever a person committed | ||
to the Department absconds or absents himself or herself, | ||
without authority to do so, from any facility or program | ||
to which he or she is assigned. The order shall be | ||
certified by the Director, the Supervisor of the | ||
Apprehension Unit, or any person duly designated by the |
Director, with the seal of the Department affixed. The | ||
order shall be directed to all sheriffs, coroners, and | ||
police officers, or to any particular person named in the | ||
order. Any order issued pursuant to this subdivision | ||
(1)(u-5) shall be sufficient warrant for the officer or | ||
person named in the order to arrest and deliver the | ||
committed person to the proper correctional officials and | ||
shall be executed the same as criminal process. | ||
(u-6) To appoint a point of contact person who shall
| ||
receive suggestions, complaints, or other requests to the
| ||
Department from visitors to Department institutions or
| ||
facilities and from other members of the public. | ||
(v) To do all other acts necessary to carry out the | ||
provisions
of this Chapter.
| ||
(2) The Department of Corrections shall by January 1, | ||
1998, consider
building and operating a correctional facility | ||
within 100 miles of a county of
over 2,000,000 inhabitants, | ||
especially a facility designed to house juvenile
participants | ||
in the impact incarceration program.
| ||
(3) When the Department lets bids for contracts for | ||
medical
services to be provided to persons committed to | ||
Department facilities by
a health maintenance organization, | ||
medical service corporation, or other
health care provider, | ||
the bid may only be let to a health care provider
that has | ||
obtained an irrevocable letter of credit or performance bond
| ||
issued by a company whose bonds have an investment grade or |
higher rating by a bond rating
organization.
| ||
(4) When the Department lets bids for
contracts for food | ||
or commissary services to be provided to
Department | ||
facilities, the bid may only be let to a food or commissary
| ||
services provider that has obtained an irrevocable letter of
| ||
credit or performance bond issued by a company whose bonds | ||
have an investment grade or higher rating by a bond rating | ||
organization.
| ||
(5) On and after the date 6 months after August 16, 2013 | ||
(the effective date of Public Act 98-488), as provided in the | ||
Executive Order 1 (2012) Implementation Act, all of the | ||
powers, duties, rights, and responsibilities related to State | ||
healthcare purchasing under this Code that were transferred | ||
from the Department of Corrections to the Department of | ||
Healthcare and Family Services by Executive Order 3 (2005) are | ||
transferred back to the Department of Corrections; however, | ||
powers, duties, rights, and responsibilities related to State | ||
healthcare purchasing under this Code that were exercised by | ||
the Department of Corrections before the effective date of | ||
Executive Order 3 (2005) but that pertain to individuals | ||
resident in facilities operated by the Department of Juvenile | ||
Justice are transferred to the Department of Juvenile Justice. | ||
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; | ||
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised | ||
10-15-21.)
|
(730 ILCS 5/5-5-3)
| ||
Sec. 5-5-3. Disposition.
| ||
(a) (Blank).
| ||
(b) (Blank).
| ||
(c) (1) (Blank).
| ||
(2) A period of probation, a term of periodic imprisonment | ||
or
conditional discharge shall not be imposed for the | ||
following offenses.
The court shall sentence the offender to | ||
not less than the minimum term
of imprisonment set forth in | ||
this Code for the following offenses, and
may order a fine or | ||
restitution or both in conjunction with such term of
| ||
imprisonment:
| ||
(A) First degree murder where the death penalty is not | ||
imposed.
| ||
(B) Attempted first degree murder.
| ||
(C) A Class X felony.
| ||
(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1.5) of
Section 401 of that Act which | ||
relates to more than 5 grams of a substance
containing | ||
fentanyl or an analog thereof.
| ||
(D-5) A violation of subdivision (c)(1) of
Section 401 | ||
of the Illinois Controlled Substances Act which relates to | ||
3 or more grams of a substance
containing heroin or an | ||
analog thereof. | ||
(E) (Blank).
|
(F) A Class 1 or greater felony if the offender had | ||
been convicted
of a Class 1 or greater felony, including | ||
any state or federal conviction for an offense that | ||
contained, at the time it was committed, the same elements | ||
as an offense now (the date of the offense committed after | ||
the prior Class 1 or greater felony) classified as a Class | ||
1 or greater felony, within 10 years of the date on which | ||
the
offender
committed the offense for which he or she is | ||
being sentenced, except as
otherwise provided in Section | ||
40-10 of the Substance Use Disorder Act.
| ||
(F-3) A Class 2 or greater felony sex offense or | ||
felony firearm offense if the offender had been convicted | ||
of a Class 2 or greater felony, including any state or | ||
federal conviction for an offense that contained, at the | ||
time it was committed, the same elements as an offense now | ||
(the date of the offense committed after the prior Class 2 | ||
or greater felony) classified as a Class 2 or greater | ||
felony, within 10 years of the date on which the offender | ||
committed the offense for which he or she is being | ||
sentenced, except as otherwise provided in Section 40-10 | ||
of the Substance Use Disorder Act. | ||
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
for which imprisonment is prescribed in those Sections. | ||
(G) Residential burglary, except as otherwise provided | ||
in Section 40-10
of the Substance Use Disorder Act.
|
(H) Criminal sexual assault.
| ||
(I) Aggravated battery of a senior citizen as | ||
described in Section 12-4.6 or subdivision (a)(4) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012.
| ||
(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 or | ||
more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate crimes | ||
or provides
support to the members of the association who | ||
do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(K) Vehicular hijacking.
| ||
(L) A second or subsequent conviction for the offense | ||
of hate crime
when the underlying offense upon which the | ||
hate crime is based is felony
aggravated
assault or felony | ||
mob action.
| ||
(M) A second or subsequent conviction for the offense | ||
of institutional
vandalism if the damage to the property | ||
exceeds $300.
| ||
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
| ||
(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
(P) A violation of paragraph (1), (2), (3), (4), (5), | ||
or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
(P-5) A violation of paragraph (6) of subsection (a) | ||
of
Section 11-20.1 of the Criminal Code of 1961 or the
| ||
Criminal Code of 2012 if the victim is a household or
| ||
family member of the defendant. | ||
(Q) A violation of subsection (b) or (b-5) of Section | ||
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012.
| ||
(R) A violation of Section 24-3A of the Criminal Code | ||
of
1961 or the Criminal Code of 2012.
| ||
(S) (Blank).
| ||
(T) (Blank).
| ||
(U) A second or subsequent violation of Section 6-303 | ||
of the Illinois Vehicle Code committed while his or her | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state.
| ||
(V)
A violation of paragraph (4) of subsection (c) of |
Section 11-20.1B or paragraph (4) of subsection (c) of | ||
Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||
(6) of subsection (a) of Section 11-20.1 of the Criminal | ||
Code of 2012 when the victim is under 13 years of age and | ||
the defendant has previously been convicted under the laws | ||
of this State or any other state of the offense of child | ||
pornography, aggravated child pornography, aggravated | ||
criminal sexual abuse, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, or any of | ||
the offenses formerly known as rape, deviate sexual | ||
assault, indecent liberties with a child, or aggravated | ||
indecent liberties with a child where the victim was under | ||
the age of 18 years or an offense that is substantially | ||
equivalent to those offenses. | ||
(W) A violation of Section 24-3.5 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012.
| ||
(X) A violation of subsection (a) of Section 31-1a of | ||
the Criminal Code of 1961 or the Criminal Code of 2012. | ||
(Y) A conviction for unlawful possession of a firearm | ||
by a street gang member when the firearm was loaded or | ||
contained firearm ammunition. | ||
(Z) A Class 1 felony committed while he or she was | ||
serving a term of probation or conditional discharge for a | ||
felony. | ||
(AA) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value. |
(BB) Laundering of criminally derived property of a | ||
value exceeding
$500,000. | ||
(CC) Knowingly selling, offering for sale, holding for | ||
sale, or using 2,000 or more counterfeit items or | ||
counterfeit items having a retail value in the aggregate | ||
of $500,000 or more. | ||
(DD) A conviction for aggravated assault under | ||
paragraph (6) of subsection (c) of Section 12-2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
firearm is aimed toward the person against whom the | ||
firearm is being used. | ||
(EE) A conviction for a violation of paragraph (2) of | ||
subsection (a) of Section 24-3B of the Criminal Code of | ||
2012. | ||
(3) (Blank).
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 of | ||
the Illinois Vehicle Code.
| ||
(4.1) (Blank).
| ||
(4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||
this subsection (c), a
minimum of
100 hours of community | ||
service shall be imposed for a second violation of
Section | ||
6-303
of the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, shall
|
be imposed for a second violation of subsection (c) of Section | ||
6-303 of the
Illinois Vehicle Code.
| ||
(4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||
(4.9) of this
subsection (c), a
minimum term of imprisonment | ||
of 30 days or 300 hours of community service, as
determined by | ||
the court, shall
be imposed
for a third or subsequent | ||
violation of Section 6-303 of the Illinois Vehicle
Code. The | ||
court may give credit toward the fulfillment of community | ||
service hours for participation in activities and treatment as | ||
determined by court services.
| ||
(4.5) A minimum term of imprisonment of 30 days
shall be | ||
imposed for a third violation of subsection (c) of
Section | ||
6-303 of the Illinois Vehicle Code.
| ||
(4.6) Except as provided in paragraph (4.10) of this | ||
subsection (c), a minimum term of imprisonment of 180 days | ||
shall be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.7) A minimum term of imprisonment of not less than 30 | ||
consecutive days, or 300 hours of community service, shall be | ||
imposed for a violation of subsection (a-5) of Section 6-303 | ||
of the Illinois Vehicle Code, as provided in subsection (b-5) | ||
of that Section.
| ||
(4.8) A mandatory prison sentence shall be imposed for a | ||
second violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (c-5) of that | ||
Section. The person's driving privileges shall be revoked for |
a period of not less than 5 years from the date of his or her | ||
release from prison.
| ||
(4.9) A mandatory prison sentence of not less than 4 and | ||
not more than 15 years shall be imposed for a third violation | ||
of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||
Code, as provided in subsection (d-2.5) of that Section. The | ||
person's driving privileges shall be revoked for the remainder | ||
of his or her life.
| ||
(4.10) A mandatory prison sentence for a Class 1 felony | ||
shall be imposed, and the person shall be eligible for an | ||
extended term sentence, for a fourth or subsequent violation | ||
of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||
Code, as provided in subsection (d-3.5) of that Section. The | ||
person's driving privileges shall be revoked for the remainder | ||
of his or her life.
| ||
(5) The court may sentence a corporation or unincorporated
| ||
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
| ||
(B) a fine;
| ||
(C) make restitution to the victim under Section 5-5-6 | ||
of this Code.
| ||
(5.1) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.2) or (5.3), a person
| ||
convicted of violating subsection (c) of Section 11-907 of the | ||
Illinois
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but not |
more than one year, if the violation
resulted in damage to the | ||
property of another person.
| ||
(5.2) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois | ||
Vehicle Code
shall have his or her driver's license, permit, | ||
or privileges suspended for at
least 180 days but not more than | ||
2 years, if the violation resulted in injury
to
another | ||
person.
| ||
(5.3) In addition to any other penalties imposed, a person | ||
convicted of violating subsection (c) of Section
11-907 of the | ||
Illinois Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the violation | ||
resulted in the
death of another person.
| ||
(5.4) In addition to any other penalties imposed, a person | ||
convicted of violating Section 3-707 of the Illinois Vehicle | ||
Code shall have his or her driver's license, permit, or | ||
privileges suspended for 3 months and until he or she has paid | ||
a reinstatement fee of $100. | ||
(5.5) In addition to any other penalties imposed, a person | ||
convicted of violating Section 3-707 of the Illinois Vehicle | ||
Code during a period in which his or her driver's license, | ||
permit, or privileges were suspended for a previous violation | ||
of that Section shall have his or her driver's license, | ||
permit, or privileges suspended for an additional 6 months | ||
after the expiration of the original 3-month suspension and |
until he or she has paid a reinstatement fee of $100.
| ||
(6) (Blank).
| ||
(7) (Blank).
| ||
(8) (Blank).
| ||
(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to a | ||
term of natural life imprisonment.
| ||
(10) (Blank).
| ||
(11) The court shall impose a minimum fine of $1,000 for a | ||
first offense
and $2,000 for a second or subsequent offense | ||
upon a person convicted of or
placed on supervision for | ||
battery when the individual harmed was a sports
official or | ||
coach at any level of competition and the act causing harm to | ||
the
sports
official or coach occurred within an athletic | ||
facility or within the immediate vicinity
of the athletic | ||
facility at which the sports official or coach was an active
| ||
participant
of the athletic contest held at the athletic | ||
facility. For the purposes of
this paragraph (11), "sports | ||
official" means a person at an athletic contest
who enforces | ||
the rules of the contest, such as an umpire or referee; | ||
"athletic facility" means an indoor or outdoor playing field | ||
or recreational area where sports activities are conducted;
| ||
and "coach" means a person recognized as a coach by the | ||
sanctioning
authority that conducted the sporting event. | ||
(12) A person may not receive a disposition of court | ||
supervision for a
violation of Section 5-16 of the Boat |
Registration and Safety Act if that
person has previously | ||
received a disposition of court supervision for a
violation of | ||
that Section.
| ||
(13) A person convicted of or placed on court supervision | ||
for an assault or aggravated assault when the victim and the | ||
offender are family or household members as defined in Section | ||
103 of the Illinois Domestic Violence Act of 1986 or convicted | ||
of domestic battery or aggravated domestic battery may be | ||
required to attend a Partner Abuse Intervention Program under | ||
protocols set forth by the Illinois Department of Human | ||
Services under such terms and conditions imposed by the court. | ||
The costs of such classes shall be paid by the offender.
| ||
(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of this | ||
Code
which may include evidence of the defendant's life, moral | ||
character and
occupation during the time since the original | ||
sentence was passed. The
trial court shall then impose | ||
sentence upon the defendant. The trial
court may impose any | ||
sentence which could have been imposed at the
original trial | ||
subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||
on appeal or on collateral attack due to the
failure of the | ||
trier of fact at trial to determine beyond a reasonable doubt
| ||
the
existence of a fact (other than a prior conviction) | ||
necessary to increase the
punishment for the offense beyond | ||
the statutory maximum otherwise applicable,
either the |
defendant may be re-sentenced to a term within the range | ||
otherwise
provided or, if the State files notice of its | ||
intention to again seek the
extended sentence, the defendant | ||
shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 results in conviction | ||
of a defendant
who was a family member of the victim at the | ||
time of the commission of the
offense, the court shall | ||
consider the safety and welfare of the victim and
may impose a | ||
sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are | ||
appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of | ||
2 years; or
| ||
(B) the defendant is willing to participate in a | ||
court approved plan ,
including , but not limited to , | ||
the defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that |
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
| ||
paying for such services, if the victim was under 18 years | ||
of age at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section | ||
11-0.1 of the Criminal Code of
2012.
| ||
(f) (Blank).
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||
11-14.3, 11-14.4 except for an offense that involves keeping a | ||
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||
12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
the defendant shall undergo medical |
testing to
determine whether the defendant has any sexually | ||
transmissible disease,
including a test for infection with | ||
human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested | ||
by the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the | ||
test
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
The | ||
court shall order that the cost of any such test
shall be paid |
by the county and may be taxed as costs against the convicted
| ||
defendant.
| ||
(g-5) When an inmate is tested for an airborne | ||
communicable disease, as
determined by the Illinois Department | ||
of Public Health , including , but not
limited to , tuberculosis, | ||
the results of the test shall be
personally delivered by the | ||
warden or his or her designee in a sealed envelope
to the judge | ||
of the court in which the inmate must appear for the judge's
| ||
inspection in camera if requested by the judge. Acting in | ||
accordance with the
best interests of those in the courtroom, | ||
the judge shall have the discretion
to determine what if any | ||
precautions need to be taken to prevent transmission
of the | ||
disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the |
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. The court shall order that the cost of any
such | ||
test shall be paid by the county and may be taxed as costs | ||
against the
convicted defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under the Criminal | ||
and Traffic Assessment Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012, any violation of the Illinois Controlled | ||
Substances Act,
any violation of the Cannabis Control Act, or | ||
any violation of the Methamphetamine Control and Community |
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act of a | ||
defendant, the court shall determine whether the
defendant is | ||
employed by a facility or center as defined under the Child | ||
Care
Act of 1969, a public or private elementary or secondary | ||
school, or otherwise
works with children under 18 years of age | ||
on a daily basis. When a defendant
is so employed, the court | ||
shall order the Clerk of the Court to send a copy of
the | ||
judgment of conviction or order of supervision or probation to | ||
the
defendant's employer by certified mail.
If the employer of | ||
the defendant is a school, the Clerk of the Court shall
direct | ||
the mailing of a copy of the judgment of conviction or order of
| ||
supervision or probation to the appropriate regional | ||
superintendent of schools.
The regional superintendent of | ||
schools shall notify the State Board of
Education of any | ||
notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall | ||
as a condition of his or her sentence be required by the court | ||
to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a high |
school diploma or to work toward passing high school | ||
equivalency testing or to work toward
completing a vocational | ||
training program offered by the Department of
Corrections. If | ||
a defendant fails to complete the educational training
| ||
required by his or her sentence during the term of | ||
incarceration, the Prisoner
Review Board shall, as a condition | ||
of mandatory supervised release, require the
defendant, at his | ||
or her own expense, to pursue a course of study toward a high
| ||
school diploma or passage of high school equivalency testing. | ||
The Prisoner Review Board shall
revoke the mandatory | ||
supervised release of a defendant who wilfully fails to
comply | ||
with this subsection (j-5) upon his or her release from | ||
confinement in a
penal institution while serving a mandatory | ||
supervised release term; however,
the inability of the | ||
defendant after making a good faith effort to obtain
financial | ||
aid or pay for the educational training shall not be deemed a | ||
wilful
failure to comply. The Prisoner Review Board shall | ||
recommit the defendant
whose mandatory supervised release term | ||
has been revoked under this subsection
(j-5) as provided in | ||
Section 3-3-9. This subsection (j-5) does not apply to a
| ||
defendant who has a high school diploma or has successfully | ||
passed high school equivalency testing. This subsection (j-5) | ||
does not apply to a defendant who is determined by
the court to | ||
be a person with a developmental disability or otherwise | ||
mentally incapable of
completing the educational or vocational | ||
program.
|
(k) (Blank).
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is not a citizen or national of | ||
the United States an alien as defined by the Immigration and | ||
Nationality Act , is convicted
of any felony or misdemeanor | ||
offense, the court after sentencing the defendant
may, upon | ||
motion of the State's Attorney, hold sentence in abeyance and | ||
remand
the defendant to the custody of the Attorney General of
| ||
the United States or his or her designated agent to be deported | ||
when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under the | ||
Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct and | ||
would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as provided in | ||
this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on probation | ||
under Section 10 of the Cannabis
Control Act,
Section 410 of | ||
the Illinois Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act, the | ||
court
may, upon motion of the State's Attorney to suspend the
| ||
sentence imposed, commit the defendant to the custody of the | ||
Attorney General
of the United States or his or her designated |
agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under the | ||
Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct and | ||
would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of subsection | ||
(a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to the | ||
custody of the county from which he or she was
sentenced.
| ||
Thereafter, the defendant shall be brought before the | ||
sentencing court, which
may impose any sentence that was | ||
available under Section 5-5-3 at the time of
initial | ||
sentencing. In addition, the defendant shall not be eligible | ||
for
additional earned sentence credit as provided under
| ||
Section 3-6-3.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, in which the property damage exceeds | ||
$300
and the property damaged is a school building, shall be | ||
ordered to perform
community service that may include cleanup, | ||
removal, or painting over the
defacement.
|
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 (i) to an impact
| ||
incarceration program if the person is otherwise eligible for | ||
that program
under Section 5-8-1.1, (ii) to community service, | ||
or (iii) if the person has a substance use disorder, as defined
| ||
in the Substance Use Disorder Act, to a treatment program
| ||
licensed under that Act. | ||
(o) Whenever a person is convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, the | ||
defendant's driver's license or permit shall be subject to | ||
renewal on an annual basis in accordance with the provisions | ||
of license renewal established by the Secretary of State.
| ||
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | ||
102-531, eff. 1-1-22; revised 10-12-21.) | ||
Section 120. The Property Owned By Aliens Act is amended | ||
by changing the title of the Act and Sections 0.01, 7, and 8 as | ||
follows:
| ||
(765 ILCS 60/Act title)
| ||
An Act concerning the right of noncitizens aliens to | ||
acquire and hold real and
personal property.
| ||
(765 ILCS 60/0.01) (from Ch. 6, par. 0.01)
|
Sec. 0.01. Short title. This Act may be cited as the
| ||
Property Owned By Noncitizens Aliens Act.
| ||
(Source: P.A. 86-1324.)
| ||
(765 ILCS 60/7) (from Ch. 6, par. 7)
| ||
Sec. 7.
All noncitizens aliens may acquire, hold, and | ||
dispose of real
and personal property in the same
manner and to | ||
the same extent as natural born citizens of the United
States, | ||
and the personal estate of a noncitizen an alien dying | ||
intestate shall be
distributed in the same manner as the | ||
estates of natural born citizens, and
all persons interested | ||
in such estate shall be entitled to proper
distributive shares | ||
thereof under the laws of this state, whether they are | ||
noncitizens
aliens or not.
| ||
This amendatory Act of 1992 does not apply to the | ||
Agricultural Foreign
Investment Disclosure Act.
| ||
(Source: P.A. 87-1101.)
| ||
(765 ILCS 60/8) (from Ch. 6, par. 8)
| ||
Sec. 8.
An act in regard to noncitizens aliens and to | ||
restrict their right to acquire
and hold real and personal | ||
estate and to provide for the disposition of the
lands now | ||
owned by non-resident noncitizens aliens , approved June 16, | ||
1887, and in
force July 1, 1887, and all other acts and parts | ||
of acts in conflict with
this act, are hereby repealed.
| ||
(Source: Laws 1897, p. 5.)
|
Section 125. The Property Taxes of Alien Landlords Act is | ||
amended by changing the title of the Act and Sections 0.01 and | ||
1 as follows:
| ||
(765 ILCS 725/Act title)
| ||
An Act to prevent noncitizen alien landlords from
| ||
including the payment of taxes in the rent of farm lands as a | ||
part of the
rental thereof.
| ||
(765 ILCS 725/0.01) (from Ch. 6, par. 8.9)
| ||
Sec. 0.01. Short title. This Act may be cited as the
| ||
Property Taxes Of Noncitizen Alien Landlords Act.
| ||
(Source: P.A. 86-1324.)
| ||
(765 ILCS 725/1) (from Ch. 6, par. 9)
| ||
Sec. 1.
No contract, agreement or
lease in writing or by | ||
parol, by which any lands or tenements therein
are demised or | ||
leased by any noncitizen alien or his agents for the
purpose of | ||
farming, cultivation or the raising of crops thereon, shall
| ||
contain any provision requiring the tenant or other person for | ||
him, to
pay taxes on said lands or tenements, or any part | ||
thereof, and all such
provisions, agreements and leases so | ||
made are declared void as to the
taxes aforesaid. If any | ||
noncitizen alien landlord or his agents shall receive in
| ||
advance or at any other time any sum of money or article of |
value from
any tenant in lieu of such taxes, directly or | ||
indirectly, the same may
be recovered back by such tenant | ||
before any court having jurisdiction of
the amount thereof, | ||
and all provisions or agreements in writing or
otherwise to | ||
pay such taxes shall be held in all courts of this state to
be | ||
void.
| ||
(Source: P.A. 81-1509.)
| ||
Section 130. The Illinois Human Rights Act is amended by | ||
changing Section 2-101 as follows:
| ||
(775 ILCS 5/2-101)
| ||
Sec. 2-101. Definitions. The following definitions are | ||
applicable
strictly in the context of this Article.
| ||
(A) Employee.
| ||
(1) "Employee" includes:
| ||
(a) Any individual performing services for | ||
remuneration within this
State for an employer;
| ||
(b) An apprentice;
| ||
(c) An applicant for any apprenticeship.
| ||
For purposes of subsection (D) of Section 2-102 of | ||
this Act, "employee" also includes an unpaid intern. An | ||
unpaid intern is a person who performs work for an | ||
employer under the following circumstances: | ||
(i) the employer is not committed to hiring the | ||
person performing the work at the conclusion of the |
intern's tenure; | ||
(ii) the employer and the person performing the | ||
work agree that the person is not entitled to wages for | ||
the work performed; and | ||
(iii) the work performed: | ||
(I) supplements training given in an | ||
educational environment that may enhance the | ||
employability of the intern; | ||
(II) provides experience for the benefit of | ||
the person performing the work; | ||
(III) does not displace regular employees; | ||
(IV) is performed under the close supervision | ||
of existing staff; and | ||
(V) provides no immediate advantage to the | ||
employer providing the training and may
| ||
occasionally impede the operations of the | ||
employer. | ||
(2) "Employee" does not include:
| ||
(a) (Blank);
| ||
(b) Individuals employed by persons who are not | ||
"employers" as
defined by this Act;
| ||
(c) Elected public officials or the members of | ||
their immediate
personal staffs;
| ||
(d) Principal administrative officers of the State | ||
or of any
political subdivision, municipal corporation | ||
or other governmental unit
or agency;
|
(e) A person in a vocational rehabilitation | ||
facility certified under
federal law who has been | ||
designated an evaluee, trainee, or work
activity | ||
client.
| ||
(B) Employer.
| ||
(1) "Employer" includes:
| ||
(a) Any person employing one or more employees | ||
within Illinois during
20 or more calendar weeks | ||
within the calendar year of or preceding the alleged
| ||
violation;
| ||
(b) Any person employing one or more employees | ||
when a complainant
alleges civil rights violation due | ||
to unlawful discrimination based
upon his or her | ||
physical or mental disability unrelated to ability, | ||
pregnancy, or
sexual harassment;
| ||
(c) The State and any political subdivision, | ||
municipal corporation
or other governmental unit or | ||
agency, without regard to the number of
employees;
| ||
(d) Any party to a public contract without regard | ||
to the number of
employees;
| ||
(e) A joint apprenticeship or training committee | ||
without regard to the
number of employees.
| ||
(2) "Employer" does not include any place of worship, | ||
religious corporation,
association, educational | ||
institution, society, or non-profit nursing
institution | ||
conducted by and for those who rely upon treatment by |
prayer
through spiritual means in accordance with the | ||
tenets of a recognized
church or religious denomination | ||
with respect to the employment of
individuals of a | ||
particular religion to perform work connected with the
| ||
carrying on by such place of worship, corporation, | ||
association, educational institution,
society or | ||
non-profit nursing institution of its activities.
| ||
(C) Employment Agency. "Employment Agency" includes both | ||
public and
private employment agencies and any person, labor | ||
organization, or labor
union having a hiring hall or hiring | ||
office regularly undertaking, with
or without compensation, to | ||
procure opportunities to work, or to
procure, recruit, refer | ||
or place employees.
| ||
(D) Labor Organization. "Labor Organization" includes any
| ||
organization, labor union, craft union, or any voluntary | ||
unincorporated
association designed to further the cause of | ||
the rights of union labor
which is constituted for the | ||
purpose, in whole or in part, of collective
bargaining or of | ||
dealing with employers concerning grievances, terms or
| ||
conditions of employment, or apprenticeships or applications | ||
for
apprenticeships, or of other mutual aid or protection in | ||
connection with
employment, including apprenticeships or | ||
applications for apprenticeships.
| ||
(E) Sexual Harassment. "Sexual harassment" means any | ||
unwelcome sexual
advances or requests for sexual favors or any | ||
conduct of a sexual nature
when (1) submission to such conduct |
is made either explicitly or implicitly
a term or condition of | ||
an individual's employment, (2) submission to or
rejection of | ||
such conduct by an individual is used as the basis for
| ||
employment decisions affecting such individual, or (3) such | ||
conduct has the
purpose or effect of substantially interfering | ||
with an individual's work
performance or creating an | ||
intimidating, hostile or offensive working
environment.
| ||
For purposes of this definition, the phrase "working | ||
environment" is not limited to a physical location an employee | ||
is assigned to perform his or her duties. | ||
(E-1) Harassment. "Harassment" means any unwelcome conduct | ||
on the basis of an individual's actual or perceived race, | ||
color, religion, national origin, ancestry, age, sex, marital | ||
status, order of protection status, disability, military | ||
status, sexual orientation, pregnancy, unfavorable discharge | ||
from military service, citizenship status, or work | ||
authorization status that has the purpose or effect of | ||
substantially interfering with the individual's work | ||
performance or creating an intimidating, hostile, or offensive | ||
working environment. For purposes of this definition, the | ||
phrase "working environment" is not limited to a physical | ||
location an employee is assigned to perform his or her duties. | ||
(F) Religion. "Religion" with respect to employers | ||
includes all
aspects of religious observance and practice, as | ||
well as belief, unless an
employer demonstrates that he is | ||
unable to reasonably accommodate an
employee's or prospective |
employee's religious observance or practice
without undue | ||
hardship on the conduct of the employer's business.
| ||
(G) Public Employer. "Public employer" means the State, an | ||
agency or
department thereof, unit of local government, school | ||
district,
instrumentality or political subdivision.
| ||
(H) Public Employee. "Public employee" means an employee | ||
of the State,
agency or department thereof, unit of local | ||
government, school district,
instrumentality or political | ||
subdivision. "Public employee" does not include
public | ||
officers or employees of the General Assembly or agencies | ||
thereof.
| ||
(I) Public Officer. "Public officer" means a person who is | ||
elected to
office pursuant to the Constitution or a statute or | ||
ordinance, or who is
appointed to an office which is | ||
established, and the qualifications and
duties of which are | ||
prescribed, by the Constitution or a statute or
ordinance, to | ||
discharge a public duty for the State, agency or department
| ||
thereof, unit of local government, school district, | ||
instrumentality or
political subdivision.
| ||
(J) Eligible Bidder. "Eligible bidder" means a person who, | ||
prior to contract award or prior to bid opening for State | ||
contracts for construction or construction-related services, | ||
has filed with the Department a properly completed, sworn and
| ||
currently valid employer report form, pursuant to the | ||
Department's regulations.
The provisions of this Article | ||
relating to eligible bidders apply only
to bids on contracts |
with the State and its departments, agencies, boards,
and | ||
commissions, and the provisions do not apply to bids on | ||
contracts with
units of local government or school districts.
| ||
(K) Citizenship Status. "Citizenship status" means the | ||
status of being:
| ||
(1) a born U.S. citizen;
| ||
(2) a naturalized U.S. citizen;
| ||
(3) a U.S. national; or
| ||
(4) a person born outside the United States and not a | ||
U.S. citizen who
is lawfully present not an unauthorized | ||
alien and who is protected from discrimination under
the | ||
provisions of Section 1324b of Title 8 of the United | ||
States Code, as
now or hereafter amended.
| ||
(L) Work Authorization Status. "Work authorization status" | ||
means the status of being a person born outside of the United | ||
States, and not a U.S. citizen, who is authorized by the | ||
federal government to work in the United States. | ||
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | ||
102-233, eff. 8-2-21; 102-558, eff. 8-20-21.) | ||
Section 135. The Resident Alien Course Act is amended by | ||
changing the title of the Act and Sections 0.01, 1, 2, and 3 as | ||
follows:
| ||
(815 ILCS 400/Act title)
| ||
An Act concerning fees charged for courses offered to |
persons seeking
permanent resident alien status under the | ||
Immigration Reform and Control
Act of 1986.
| ||
(815 ILCS 400/0.01) (from Ch. 111, par. 8050)
| ||
Sec. 0.01. Short title. This Act may be cited as the
| ||
Resident Alien Course Act.
| ||
(Source: P.A. 86-1324.)
| ||
(815 ILCS 400/1) (from Ch. 111, par. 8051)
| ||
Sec. 1. No individual or agency, authorized by the U.S. | ||
Immigration
and Naturalization Service to
offer a course | ||
leading to a certificate of satisfactory pursuit for
issuance | ||
of permanent resident alien status, may charge a fee for such
| ||
course in excess of $5 per hour per individual up to the first | ||
60 hours of
instruction or $500 for up to 12 months of | ||
instruction from the date of
registration. As used in this | ||
Section, the term "fee" includes all costs
associated with the | ||
course, including the costs of instruction and materials.
| ||
(Source: P.A. 86-831.)
| ||
(815 ILCS 400/2) (from Ch. 111, par. 8052)
| ||
Sec. 2.
No individual or agency which offers any service | ||
or course
with the promise of preparing the recipient or | ||
enrollee for the English
and civics exam of the U.S. | ||
Immigration and Naturalization Service for
issuance of | ||
permanent resident alien status may charge a fee for such
|
service or course in excess of $5 per hour per individual up to | ||
the first 60
hours of instruction or $500 for up to 12 months | ||
of instruction from the
date of registration. As used in this | ||
Section, the term "fee" includes all
costs associated with the | ||
service or course, including the costs of
instruction and | ||
materials.
| ||
(Source: P.A. 86-831.)
| ||
(815 ILCS 400/3) (from Ch. 111, par. 8053)
| ||
Sec. 3.
Any individual or agency offering a course or | ||
service
described in Section 2 shall include within any | ||
literature or print or
electronic
advertisement for such | ||
service or course a statement that such service or
course is | ||
designed to prepare the recipient or enrollee for the English
| ||
and civics exam of the U.S. Immigration and Naturalization | ||
Service and that
the individual or agency offering the service | ||
or course does not issue the
certificate of satisfactory | ||
pursuit required by the U.S. Immigration and
Naturalization | ||
Service for issuance of permanent resident alien status.
| ||
(Source: P.A. 86-831.)
| ||
Section 140. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Section 2AA as follows:
| ||
(815 ILCS 505/2AA)
| ||
Sec. 2AA. Immigration services.
|
(a) "Immigration matter" means any proceeding, filing, or | ||
action
affecting the nonimmigrant, immigrant or citizenship | ||
status of any person
that arises under immigration and | ||
naturalization law, executive order or
presidential | ||
proclamation of the United States or any foreign country, or
| ||
that arises under action of the United States Citizenship and | ||
Immigration Services, the United States Department of Labor, | ||
or the
United States Department of State.
| ||
"Immigration assistance service" means any information
or | ||
action provided or offered to customers or prospective | ||
customers related to immigration matters, excluding legal | ||
advice, recommending a specific course of legal action, or | ||
providing any other assistance that requires legal analysis, | ||
legal judgment, or interpretation of the law.
| ||
"Compensation" means money, property, services, promise of | ||
payment,
or anything else of value.
| ||
"Employed by" means that a person is on the payroll of the | ||
employer
and the employer deducts from the employee's paycheck | ||
social security and
withholding taxes, or receives | ||
compensation from the employer on a
commission basis or as an | ||
independent contractor.
| ||
"Reasonable costs" means actual costs or, if actual costs | ||
cannot be
calculated, reasonably estimated costs of such | ||
things as photocopying,
telephone calls, document requests, | ||
and filing fees for immigration forms,
and other nominal costs | ||
incidental to assistance
in an immigration matter.
|
(a-1) The General Assembly finds and declares that private | ||
individuals who
assist persons with immigration matters have a | ||
significant impact on the
ability of their clients to reside | ||
and work within the United States and to
establish and | ||
maintain stable families and business relationships. The | ||
General
Assembly further finds that that assistance and its | ||
impact also have a
significant effect on the cultural, social, | ||
and economic life of the State of
Illinois and thereby | ||
substantially affect the public interest. It is the
intent of | ||
the General Assembly to establish rules of practice and | ||
conduct for
those individuals to promote honesty and fair | ||
dealing with residents and to
preserve public confidence.
| ||
(a-5) The following persons are exempt from this Section, | ||
provided they
prove the exemption by a preponderance of the | ||
evidence:
| ||
(1) An attorney licensed to practice law in any state | ||
or territory of
the United States, or of any foreign | ||
country when authorized by the
Illinois Supreme Court, to | ||
the extent the attorney renders immigration
assistance | ||
service in the course of his or her practice as an | ||
attorney.
| ||
(2) A legal intern, as described by the rules of the | ||
Illinois Supreme
Court, employed by and under the direct | ||
supervision of a licensed attorney
and rendering | ||
immigration assistance service in the course of the | ||
intern's
employment.
|
(3) A not-for-profit organization recognized by the | ||
Board of Immigration
Appeals under 8 CFR 292.2(a) and | ||
employees of those organizations accredited
under 8 CFR | ||
292.2(d).
| ||
(4) Any organization employing or desiring to employ a | ||
documented or undocumented immigrant or
nonimmigrant | ||
alien , where the organization, its employees or its agents
| ||
provide advice or assistance in immigration matters to | ||
documented or undocumented immigrant or nonimmigrant
alien | ||
employees or potential employees without compensation from | ||
the
individuals to whom such advice or assistance is | ||
provided.
| ||
Nothing in this Section shall regulate any business to the | ||
extent
that such regulation is prohibited or preempted by | ||
State or federal law.
| ||
All other persons providing or offering to provide | ||
immigration
assistance service shall be subject to this | ||
Section.
| ||
(b) Any person who provides or offers to provide | ||
immigration assistance
service may perform only the following | ||
services:
| ||
(1) Completing a government agency
form, requested by | ||
the customer and appropriate to the customer's
needs,
only | ||
if the completion of that form does not involve a legal
| ||
judgment
for that particular matter.
| ||
(2) Transcribing responses to a government agency form |
which is
related to an immigration matter, but not | ||
advising a customer as to his or
her answers on those | ||
forms.
| ||
(3) Translating information on forms to a customer and | ||
translating the
customer's answers to questions posed on | ||
those forms.
| ||
(4) Securing for the customer supporting documents | ||
currently in
existence, such as birth and marriage | ||
certificates, which may be needed to
be submitted with | ||
government agency forms.
| ||
(5) Translating documents from a foreign language into | ||
English.
| ||
(6) Notarizing signatures on government agency forms, | ||
if the person
performing the service is a notary public of | ||
the State of Illinois.
| ||
(7) Making referrals, without fee, to attorneys who | ||
could undertake
legal representation for a person in an | ||
immigration matter.
| ||
(8) Preparing or arranging for the preparation of | ||
photographs and
fingerprints.
| ||
(9) Arranging for the performance of medical testing
| ||
(including X-rays and AIDS tests) and the obtaining of | ||
reports of such test
results.
| ||
(10) Conducting English language and civics courses.
| ||
(11) Other services that the Attorney General | ||
determines by rule may be
appropriately performed by such |
persons in light of the purposes of this
Section.
| ||
Fees for a notary public, agency, or any other person who | ||
is not an attorney or an accredited representative filling out | ||
immigration forms shall be limited to the maximum fees set | ||
forth in subsections (a) and (b) of Section 3-104 of the | ||
Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee | ||
schedule set forth in subsections (a) and (b) of Section 3-104 | ||
of the Illinois Notary Public Act shall apply to any person | ||
that provides or offers to provide immigration assistance | ||
service performing the services described therein. The | ||
Attorney General may promulgate rules establishing maximum | ||
fees that may be charged for any services not described in that | ||
subsection. The maximum fees must be reasonable in light of | ||
the costs of providing those services and the degree of | ||
professional skill required to provide the services.
| ||
No person subject to this Act shall charge fees directly | ||
or
indirectly for referring an individual to an attorney or | ||
for any
immigration matter not authorized by this Article, | ||
provided that a person may
charge a fee for notarizing | ||
documents as permitted by the Illinois Notary
Public Act.
| ||
(c) Any person performing such services shall register | ||
with the Illinois
Attorney General and submit verification of | ||
malpractice insurance or of a
surety bond.
| ||
(d) Except as provided otherwise in this subsection, | ||
before providing
any
assistance in an immigration matter a | ||
person shall provide the customer with
a written contract that |
includes the following:
| ||
(1) An explanation of the services to be performed.
| ||
(2) Identification of all compensation and costs to be | ||
charged to the
customer for the services to be performed.
| ||
(3) A statement that documents submitted in support of | ||
an application
for nonimmigrant, immigrant, or | ||
naturalization status may not be retained
by the person | ||
for any purpose, including payment of compensation or | ||
costs.
| ||
This subsection does not apply to a not-for-profit | ||
organization that
provides advice or assistance in immigration | ||
matters to clients without charge
beyond a reasonable fee to | ||
reimburse the organization's or clinic's reasonable
costs | ||
relating to providing immigration services to that client.
| ||
(e) Any person who provides or offers immigration | ||
assistance service and
is not exempted from this Section, | ||
shall post signs at his or her place of
business, setting forth | ||
information in English and in every other language in
which | ||
the
person provides or offers to provide immigration | ||
assistance service. Each
language shall be on a separate sign. | ||
Signs shall be posted in a location
where the signs will be | ||
visible to customers. Each sign shall be at least
11 inches by | ||
17 inches, and shall contain the following:
| ||
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO | ||
PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | ||
FOR LEGAL ADVICE.".
|
(2) The statement "I AM NOT ACCREDITED TO REPRESENT | ||
YOU BEFORE THE
UNITED STATES IMMIGRATION AND | ||
NATURALIZATION SERVICE AND THE IMMIGRATION
BOARD OF | ||
APPEALS.".
| ||
(3) The fee schedule.
| ||
(4) The statement that "You may cancel any contract
| ||
within 3 working days and get your money back for services | ||
not performed.".
| ||
(5) Additional information the Attorney General may | ||
require by rule.
| ||
Every person engaged in immigration assistance service who | ||
is not an
attorney who advertises immigration assistance | ||
service in a language other
than English, whether by radio, | ||
television, signs, pamphlets, newspapers,
or other written | ||
communication, with the exception of a single desk plaque,
| ||
shall include in the document, advertisement, stationery, | ||
letterhead, business card, or other comparable written | ||
material the following notice in English and the language in | ||
which the written communication appears. This notice shall be
| ||
of a conspicuous size, if in writing, and shall state: "I AM | ||
NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY | ||
NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE.". If | ||
such advertisement is by radio or television,
the statement | ||
may be modified but must include substantially the same | ||
message.
| ||
Any person who provides or offers immigration assistance |
service and is not exempted from this Section shall not, in any | ||
document, advertisement, stationery, letterhead, business | ||
card, or other comparable written material, literally | ||
translate from English into another language terms or titles | ||
including, but not limited to, notary public, notary, | ||
licensed, attorney, lawyer, or any other term that implies the | ||
person is an attorney. To illustrate, the words "notario" and | ||
"poder notarial" are prohibited under this provision.
| ||
If not subject to penalties under subsection (a) of | ||
Section 3-103 of the Illinois Notary Public Act (5 ILCS | ||
312/3-103), violations of this subsection shall result in a | ||
fine of $1,000. Violations shall not preempt or preclude | ||
additional appropriate civil or criminal penalties.
| ||
(f) The written contract shall be in both English and in | ||
the language
of the customer.
| ||
(g) A copy of the contract shall be provided to the | ||
customer upon the
customer's execution of the contract.
| ||
(h) A customer has the right to rescind a contract within | ||
72 hours after
his or her signing of the contract.
| ||
(i) Any documents identified in paragraph (3) of | ||
subsection (c) shall be
returned upon demand of the customer.
| ||
(j) No person engaged in providing immigration services | ||
who is not exempted under this Section shall do any
of the | ||
following:
| ||
(1) Make any statement that the person can or will | ||
obtain special favors
from or has special influence with |
the United States Immigration and
Naturalization Service | ||
or any other government agency.
| ||
(2) Retain any compensation for service not performed.
| ||
(2.5) Accept payment in exchange for providing legal | ||
advice or any other assistance that requires legal | ||
analysis, legal judgment, or interpretation of the law.
| ||
(3) Refuse to return documents supplied by, prepared | ||
on behalf of, or paid
for by the customer upon the request | ||
of the customer. These documents must be
returned upon | ||
request even if there is a fee dispute between the | ||
immigration
assistant and the customer.
| ||
(4) Represent or advertise, in connection with the | ||
provision of assistance
in immigration matters, other | ||
titles of credentials, including but not
limited to | ||
"notary public" or "immigration consultant," that could | ||
cause a
customer to believe that the person possesses | ||
special professional skills or
is authorized to provide | ||
advice on an immigration matter; provided that a
notary | ||
public appointed by the Illinois Secretary of State may | ||
use the term
"notary public" if the use is accompanied by | ||
the statement that the person
is not an attorney; the term | ||
"notary public" may not be translated to another language; | ||
for example "notario" is prohibited.
| ||
(5) Provide legal advice, recommend a specific course | ||
of legal action, or provide any other assistance that | ||
requires legal analysis, legal judgment, or interpretation |
of the law.
| ||
(6) Make any misrepresentation of false statement, | ||
directly or
indirectly, to influence, persuade, or induce | ||
patronage.
| ||
(k) (Blank).
| ||
(l) (Blank).
| ||
(m) Any person who violates any provision
of this Section, | ||
or the rules and regulations issued
under this Section, shall | ||
be guilty of a Class A misdemeanor for a first
offense and a | ||
Class 3 felony for a second or subsequent offense committed
| ||
within 5 years of a previous conviction for the same offense.
| ||
Upon his own information or upon the complaint of any | ||
person, the
Attorney General or any State's Attorney, or a | ||
municipality with a
population of more than 1,000,000, may | ||
maintain an action for injunctive
relief and also seek a civil | ||
penalty not exceeding $50,000 in the circuit court
against any | ||
person who violates any provision of
this Section. These | ||
remedies are in addition to, and not in substitution
for, | ||
other available remedies.
| ||
If the Attorney General or any State's Attorney or a | ||
municipality
with a population of more than 1,000,000 fails to | ||
bring an action as
provided under this Section any person may | ||
file a civil action to
enforce the provisions of this Article | ||
and maintain an action for
injunctive relief, for compensatory | ||
damages to recover prohibited fees, or for such additional | ||
relief as may be appropriate to
deter, prevent, or compensate |
for the violation.
In order to deter violations of this | ||
Section, courts shall not require a
showing of the traditional | ||
elements for equitable relief. A prevailing
plaintiff may be | ||
awarded 3 times the prohibited fees or a minimum of $1,000 in
| ||
punitive damages, attorney's fees, and costs of
bringing an | ||
action under this Section.
It is the express intention
of the | ||
General Assembly that remedies for violation of this Section | ||
be
cumulative.
| ||
(n) No unit of local government, including any home rule | ||
unit, shall have
the authority to regulate immigration | ||
assistance services unless such
regulations are at least as | ||
stringent as those contained in Public Act 87-1211. It is | ||
declared to be the law of this State, pursuant to
paragraph (i) | ||
of Section 6 of Article VII of the Illinois Constitution of
| ||
1970, that Public Act 87-1211 is a limitation on the authority | ||
of a
home rule unit to exercise powers concurrently with the | ||
State. The
limitations of this Section do not apply to a home | ||
rule unit that has,
prior to January 1, 1993 (the effective | ||
date of Public Act 87-1211), adopted an ordinance
regulating | ||
immigration assistance services.
| ||
(o) This Section is severable under Section 1.31 of the | ||
Statute on Statutes.
| ||
(p) The Attorney General shall issue rules not | ||
inconsistent with this
Section for the implementation, | ||
administration, and enforcement of this
Section. The rules may | ||
provide for the following:
|
(1) The content, print size, and print style of the | ||
signs required under
subsection (e). Print sizes and | ||
styles may vary from language to language.
| ||
(2) Standard forms for use in the administration of | ||
this Section.
| ||
(3) Any additional requirements deemed necessary.
| ||
(Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)
| ||
Section 145. The Workers' Compensation Act is amended by | ||
changing Sections 1 and 7 as follows:
| ||
(820 ILCS 305/1) (from Ch. 48, par. 138.1)
| ||
Sec. 1. This Act may be cited as the Workers' Compensation | ||
Act.
| ||
(a) The term "employer" as used in this Act means:
| ||
1. The State and each county, city, town, township, | ||
incorporated
village, school district, body politic, or | ||
municipal corporation
therein.
| ||
2. Every person, firm, public or private corporation, | ||
including
hospitals, public service, eleemosynary, religious | ||
or charitable
corporations or associations who has any person | ||
in service or under any
contract for hire, express or implied, | ||
oral or written, and who is
engaged in any of the enterprises | ||
or businesses enumerated in Section 3
of this Act, or who at or | ||
prior to the time of the accident to the
employee for which | ||
compensation under this Act may be claimed, has in
the manner |
provided in this Act elected to become subject to the
| ||
provisions of this Act, and who has not, prior to such | ||
accident,
effected a withdrawal of such election in the manner | ||
provided in this Act.
| ||
3. Any one engaging in any business or enterprise referred | ||
to in
subsections 1 and 2 of Section 3 of this Act who | ||
undertakes to do any
work enumerated therein, is liable to pay | ||
compensation to his own
immediate employees in accordance with | ||
the provisions of this Act, and
in addition thereto if he | ||
directly or indirectly engages any contractor
whether | ||
principal or sub-contractor to do any such work, he is liable | ||
to
pay compensation to the employees of any such contractor or
| ||
sub-contractor unless such contractor or sub-contractor has | ||
insured, in
any company or association authorized under the | ||
laws of this State to
insure the liability to pay compensation | ||
under this Act, or guaranteed
his liability to pay such | ||
compensation. With respect to any time
limitation on the | ||
filing of claims provided by this Act, the timely
filing of a | ||
claim against a contractor or subcontractor, as the case may
| ||
be, shall be deemed to be a timely filing with respect to all | ||
persons
upon whom liability is imposed by this paragraph.
| ||
In the event any such person pays compensation under this | ||
subsection
he may recover the amount thereof from the | ||
contractor or sub-contractor,
if any, and in the event the | ||
contractor pays compensation under this
subsection he may | ||
recover the amount thereof from the sub-contractor, if any.
|
This subsection does not apply in any case where the | ||
accident occurs
elsewhere than on, in or about the immediate | ||
premises on which the
principal has contracted that the work | ||
be done.
| ||
4. Where an employer operating under and subject to the | ||
provisions
of this Act loans an employee to another such | ||
employer and such loaned
employee sustains a compensable | ||
accidental injury in the employment of
such borrowing employer | ||
and where such borrowing employer does not
provide or pay the | ||
benefits or payments due such injured employee, such
loaning | ||
employer is liable to provide or pay all benefits or payments
| ||
due such employee under this Act and as to such employee the | ||
liability
of such loaning and borrowing employers is joint and | ||
several, provided
that such loaning employer is in the absence | ||
of agreement to the
contrary entitled to receive from such | ||
borrowing employer full
reimbursement for all sums paid or | ||
incurred pursuant to this paragraph
together with reasonable | ||
attorneys' fees and expenses in any hearings
before the | ||
Illinois Workers' Compensation Commission or in any action to | ||
secure such
reimbursement. Where any benefit is provided or | ||
paid by such loaning
employer the employee has the duty of | ||
rendering reasonable cooperation
in any hearings, trials or | ||
proceedings in the case, including such
proceedings for | ||
reimbursement.
| ||
Where an employee files an Application for Adjustment of | ||
Claim with
the Illinois Workers' Compensation
Commission |
alleging that his claim is covered by the
provisions of the | ||
preceding paragraph, and joining both the alleged
loaning and | ||
borrowing employers, they and each of them, upon written
| ||
demand by the employee and within 7 days after receipt of such | ||
demand,
shall have the duty of filing with the Illinois | ||
Workers' Compensation Commission a written
admission or denial | ||
of the allegation that the claim is covered by the
provisions | ||
of the preceding paragraph and in default of such filing or
if | ||
any such denial be ultimately determined not to have been bona | ||
fide
then the provisions of Paragraph K of Section 19 of this | ||
Act shall apply.
| ||
An employer whose business or enterprise or a substantial | ||
part
thereof consists of hiring, procuring or furnishing | ||
employees to or for
other employers operating under and | ||
subject to the provisions of this
Act for the performance of | ||
the work of such other employers and who pays
such employees | ||
their salary or wages notwithstanding that they are doing
the | ||
work of such other employers shall be deemed a loaning | ||
employer
within the meaning and provisions of this Section.
| ||
(b) The term "employee" as used in this Act means:
| ||
1. Every person in the service of the State, including | ||
members of
the General Assembly, members of the Commerce | ||
Commission, members of the
Illinois Workers' Compensation | ||
Commission, and all persons in the service of the University
| ||
of Illinois, county, including deputy sheriffs and assistant | ||
state's
attorneys, city, town, township, incorporated village |
or school
district, body politic, or municipal corporation | ||
therein, whether by
election, under appointment or contract of | ||
hire, express or implied,
oral or written, including all | ||
members of the Illinois National Guard
while on active duty in | ||
the service of the State, and all probation
personnel of the | ||
Juvenile Court appointed pursuant to Article VI
of the | ||
Juvenile Court Act of 1987, and including any official of the
| ||
State, any county, city, town, township, incorporated village, | ||
school
district, body politic or municipal corporation therein | ||
except any duly
appointed member of a police department in any | ||
city whose
population exceeds 500,000 according to the last | ||
Federal or State
census, and except any member of a fire | ||
insurance patrol maintained by a
board of underwriters in this | ||
State. A duly appointed member of a fire
department in any | ||
city, the population of which exceeds 500,000 according
to the | ||
last federal or State census, is an employee under this Act | ||
only
with respect to claims brought under paragraph (c) of | ||
Section 8.
| ||
One employed by a contractor who has contracted with the | ||
State, or a
county, city, town, township, incorporated | ||
village, school district,
body politic or municipal | ||
corporation therein, through its
representatives, is not | ||
considered as an employee of the State, county,
city, town, | ||
township, incorporated village, school district, body
politic | ||
or municipal corporation which made the contract.
| ||
2. Every person in the service of another under any |
contract of
hire, express or implied, oral or written, | ||
including persons whose
employment is outside of the State of | ||
Illinois where the contract of
hire is made within the State of | ||
Illinois, persons whose employment
results in fatal or | ||
non-fatal injuries within the State of Illinois
where the | ||
contract of hire is made outside of the State of Illinois, and
| ||
persons whose employment is principally localized within the | ||
State of
Illinois, regardless of the place of the accident or | ||
the place where the
contract of hire was made, and including | ||
noncitizens aliens , and minors who, for the
purpose of this | ||
Act are considered the same and have the same power to
| ||
contract, receive payments and give quittances therefor, as | ||
adult employees.
| ||
3. Every sole proprietor and every partner of a business | ||
may elect to
be covered by this Act.
| ||
An employee or his dependents under this Act who shall | ||
have a cause
of action by reason of any injury, disablement or | ||
death arising out of
and in the course of his employment may | ||
elect to pursue his remedy in
the State where injured or | ||
disabled, or in the State where the contract
of hire is made, | ||
or in the State where the employment is principally
localized.
| ||
However, any employer may elect to provide and pay | ||
compensation to
any employee other than those engaged in the | ||
usual course of the trade,
business, profession or occupation | ||
of the employer by complying with
Sections 2 and 4 of this Act. | ||
Employees are not included within the
provisions of this Act |
when excluded by the laws of the United States
relating to | ||
liability of employers to their employees for personal
| ||
injuries where such laws are held to be exclusive.
| ||
The term "employee" does not include persons performing | ||
services as real
estate broker, broker-salesman, or salesman | ||
when such persons are paid by
commission only.
| ||
(c) "Commission" means the Industrial Commission created | ||
by Section
5 of "The Civil Administrative Code of Illinois", | ||
approved March 7,
1917, as amended, or the Illinois Workers' | ||
Compensation Commission created by Section 13 of
this Act.
| ||
(d) To obtain compensation under this Act, an employee | ||
bears the burden of showing, by a preponderance of the | ||
evidence, that he or she has sustained accidental injuries | ||
arising out of and in the course of the employment. | ||
(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; | ||
97-813, eff. 7-13-12.)
| ||
(820 ILCS 305/7) (from Ch. 48, par. 138.7)
| ||
Sec. 7. The amount of compensation which shall be paid for | ||
an
accidental injury to the employee resulting in death is:
| ||
(a) If the employee leaves surviving a widow, widower, | ||
child or
children, the applicable weekly compensation rate | ||
computed in accordance
with subparagraph 2 of paragraph (b) of | ||
Section 8, shall be payable
during the life of the widow or | ||
widower and if any surviving child or
children shall not be | ||
physically or mentally incapacitated then until
the death of |
the widow or widower or until the youngest child shall
reach | ||
the age of 18, whichever shall come later; provided that if | ||
such
child or children shall be enrolled as a full time student | ||
in any
accredited educational institution, the payments shall | ||
continue until
such child has attained the age of 25. In the | ||
event any surviving child
or children shall be physically or | ||
mentally incapacitated, the payments
shall continue for the | ||
duration of such incapacity.
| ||
The term "child" means a child whom the deceased employee | ||
left
surviving, including a posthumous child, a child legally | ||
adopted, a
child whom the deceased employee was legally | ||
obligated to support or a
child to whom the deceased employee | ||
stood in loco parentis. The term
"children" means the plural | ||
of "child".
| ||
The term "physically or mentally incapacitated child or | ||
children"
means a child or children incapable of engaging in | ||
regular and
substantial gainful employment.
| ||
In the event of the remarriage of a widow or widower, where | ||
the
decedent did not leave surviving any child or children | ||
who, at the time
of such remarriage, are entitled to | ||
compensation benefits under this
Act, the surviving spouse | ||
shall be paid a lump sum equal to 2 years
compensation benefits | ||
and all further rights of such widow or widower
shall be | ||
extinguished.
| ||
If the employee leaves surviving any child or children | ||
under 18 years
of age who at the time of death shall be |
entitled to compensation under
this paragraph (a) of this | ||
Section, the weekly compensation payments
herein provided for | ||
such child or children shall in any event continue
for a period | ||
of not less than 6 years.
| ||
Any beneficiary entitled to compensation under this | ||
paragraph (a) of
this Section shall receive from the special | ||
fund provided in paragraph
(f) of this Section, in addition to | ||
the compensation herein provided,
supplemental benefits in | ||
accordance with paragraph (g) of Section 8.
| ||
(b) If no compensation is payable under paragraph (a) of | ||
this
Section and the employee leaves surviving a parent or | ||
parents who at the
time of the accident were totally dependent | ||
upon the earnings of the
employee then weekly payments equal | ||
to the compensation rate payable in
the case where the | ||
employee leaves surviving a widow or widower, shall
be paid to | ||
such parent or parents for the duration of their lives, and
in | ||
the event of the death of either, for the life of the survivor.
| ||
(c) If no compensation is payable under paragraphs (a) or | ||
(b) of
this Section and the employee leaves surviving any | ||
child or children who
are not entitled to compensation under | ||
the foregoing paragraph (a) but
who at the time of the accident | ||
were nevertheless in any manner
dependent upon the earnings of | ||
the employee, or leaves surviving a
parent or parents who at | ||
the time of the accident were partially
dependent upon the | ||
earnings of the employee, then there shall be paid to
such | ||
dependent or dependents for a period of 8 years weekly |
compensation
payments at such proportion of the applicable | ||
rate if the employee had
left surviving a widow or widower as | ||
such dependency bears to total
dependency. In the event of the | ||
death of any such beneficiary the share
of such beneficiary | ||
shall be divided equally among the surviving
beneficiaries and | ||
in the event of the death of the last such
beneficiary all the | ||
rights under this paragraph shall be extinguished.
| ||
(d) If no compensation is payable under paragraphs (a), | ||
(b) or (c)
of this Section and the employee leaves surviving | ||
any grandparent,
grandparents, grandchild or grandchildren or | ||
collateral heirs dependent
upon the employee's earnings to the | ||
extent of 50% or more of total
dependency, then there shall be | ||
paid to such dependent or dependents for
a period of 5 years | ||
weekly compensation payments at such proportion of
the | ||
applicable rate if the employee had left surviving a widow or
| ||
widower as such dependency bears to total dependency. In the | ||
event of
the death of any such beneficiary the share of such | ||
beneficiary shall be
divided equally among the surviving | ||
beneficiaries and in the event of
the death of the last such | ||
beneficiary all rights hereunder shall be
extinguished.
| ||
(e) The compensation to be paid for accidental injury | ||
which results
in death, as provided in this Section, shall be | ||
paid to the persons who
form the basis for determining the | ||
amount of compensation to be paid by
the employer, the | ||
respective shares to be in the proportion of their
respective | ||
dependency at the time of the accident on the earnings of the
|
deceased. The Commission or an Arbitrator thereof may, in its | ||
or his
discretion, order or award the payment to the parent or | ||
grandparent of a
child for the latter's support the amount of | ||
compensation which but for
such order or award would have been | ||
paid to such child as its share of
the compensation payable, | ||
which order or award may be modified from time
to time by the | ||
Commission in its discretion with respect to the person
to | ||
whom shall be paid the amount of the order or award remaining | ||
unpaid
at the time of the modification.
| ||
The payments of compensation by the employer in accordance | ||
with the
order or award of the Commission discharges such | ||
employer from all
further obligation as to such compensation.
| ||
(f) The sum of $8,000 for burial expenses shall be paid by | ||
the
employer to the widow or widower, other dependent, next of | ||
kin or to the
person or persons incurring the expense of | ||
burial.
| ||
In the event the employer failed to provide necessary | ||
first aid,
medical, surgical or hospital service, he shall pay | ||
the cost thereof to
the person or persons entitled to | ||
compensation under paragraphs (a),
(b), (c) or (d) of this | ||
Section, or to the person or persons incurring
the obligation | ||
therefore, or providing the same.
| ||
On January 15 and July 15, 1981, and on January 15 and July | ||
15 of each
year thereafter the employer shall within 60 days | ||
pay a sum equal to
1/8 of 1% of all compensation payments made | ||
by him after July 1, 1980, either
under this Act or the |
Workers' Occupational Diseases Act, whether by lump
sum | ||
settlement or weekly compensation payments, but not including | ||
hospital,
surgical or rehabilitation payments, made during the | ||
first 6 months and
during the second 6 months respectively of | ||
the fiscal year next preceding
the date of the payments, into a | ||
special fund which shall be designated the
"Second Injury | ||
Fund", of which the State Treasurer is ex-officio custodian,
| ||
such special fund to be held and disbursed for the purposes | ||
hereinafter
stated in paragraphs (f) and (g) of Section 8, | ||
either upon the order of the
Commission or of a competent | ||
court. Said special fund shall be deposited
the same as are | ||
State funds and any interest accruing thereon shall be
added | ||
thereto every 6 months. It is subject to audit the same as | ||
State
funds and accounts and is protected by the General bond | ||
given by the State
Treasurer. It is considered always | ||
appropriated for the purposes of
disbursements as provided in | ||
Section 8, paragraph (f), of this Act, and
shall be paid out | ||
and disbursed as therein provided and shall not at any
time be | ||
appropriated or diverted to any other use or purpose.
| ||
On January 15, 1991, the employer shall further pay a sum | ||
equal to one
half of 1% of all compensation payments made by | ||
him from January 1, 1990
through June 30, 1990 either under | ||
this Act or under the Workers'
Occupational Diseases Act, | ||
whether by lump sum settlement or weekly
compensation | ||
payments, but not including hospital, surgical or
| ||
rehabilitation payments, into an additional Special Fund which |
shall be
designated as the "Rate Adjustment Fund". On March | ||
15, 1991, the employer
shall pay into the Rate Adjustment Fund | ||
a sum equal to one half of 1% of
all such compensation payments | ||
made from July 1, 1990 through December 31,
1990. Within 60 | ||
days after July 15, 1991, the employer shall pay into the
Rate | ||
Adjustment Fund a sum equal to one half of 1% of all such | ||
compensation
payments made from January 1, 1991 through June | ||
30, 1991. Within 60 days
after January 15 of 1992 and each
| ||
subsequent year through 1996, the employer shall pay
into the | ||
Rate Adjustment Fund a sum equal to one half of 1% of all such
| ||
compensation payments made in the last 6 months of the | ||
preceding calendar
year. Within 60 days after July 15 of 1992 | ||
and each subsequent year through
1995, the employer shall pay | ||
into the Rate Adjustment Fund a sum equal to one
half of 1% of | ||
all such compensation payments made in the first 6 months of | ||
the
same calendar year. Within 60 days after January 15 of 1997 | ||
and each subsequent
year through 2005, the employer shall pay | ||
into the Rate Adjustment Fund a sum equal to
three-fourths of | ||
1% of all such compensation payments made in the last 6 months
| ||
of the preceding calendar year. Within 60 days after July 15 of | ||
1996 and each
subsequent year through 2004, the employer shall | ||
pay into the Rate Adjustment Fund a sum
equal to three-fourths | ||
of 1% of all such compensation payments made in the
first 6 | ||
months of the same calendar year. Within 60 days after July 15 | ||
of 2005, the employer shall pay into the Rate Adjustment Fund a | ||
sum equal to 1% of such compensation payments made in the first |
6 months of the same calendar year. Within 60 days after | ||
January 15 of 2006 and each subsequent year, the employer | ||
shall pay into the Rate Adjustment Fund a sum equal to 1.25% of | ||
such compensation payments made in the last 6 months of the | ||
preceding calendar year. Within 60 days after July 15 of 2006 | ||
and each subsequent year, the employer shall pay into the Rate | ||
Adjustment Fund a sum equal to 1.25% of such compensation | ||
payments made in the first 6 months of the same calendar year.
| ||
The administrative costs of
collecting assessments from | ||
employers for the Rate Adjustment Fund shall be
paid from the
| ||
Rate Adjustment Fund. The cost of an actuarial audit of the | ||
Fund shall be paid
from the Rate Adjustment Fund. The State | ||
Treasurer is ex officio custodian of such Special
Fund and the | ||
same shall be held and disbursed for the purposes hereinafter
| ||
stated in paragraphs (f) and (g) of Section 8 upon the order of | ||
the
Commission or of a competent court. The Rate Adjustment | ||
Fund shall be
deposited the same as are State funds and any | ||
interest accruing thereon
shall be added thereto every 6 | ||
months. It shall be subject to audit the
same as State funds | ||
and accounts and shall be protected by the general bond
given | ||
by the State Treasurer. It is considered always appropriated | ||
for the
purposes of disbursements as provided in paragraphs | ||
(f) and (g) of Section
8 of this Act and shall be paid out and | ||
disbursed as therein provided and
shall not at any time be | ||
appropriated or diverted to any other use or
purpose. Within 5 | ||
days after the effective date of this amendatory Act of
1990, |
the Comptroller and the State Treasurer shall transfer | ||
$1,000,000
from the General Revenue Fund to the Rate | ||
Adjustment Fund. By February 15,
1991, the Comptroller and the | ||
State Treasurer shall transfer $1,000,000
from the Rate | ||
Adjustment Fund to the General Revenue Fund. The Comptroller | ||
and Treasurer are authorized to make
transfers at the
request | ||
of the Chairman up to a total of $19,000,000
from the Second | ||
Injury Fund, the General Revenue Fund, and the Workers'
| ||
Compensation Benefit Trust
Fund to the Rate Adjustment Fund to | ||
the extent that there is insufficient
money in the Rate | ||
Adjustment Fund to pay claims and obligations. Amounts may
be | ||
transferred from the General Revenue Fund only if the funds in | ||
the Second
Injury Fund or the Workers' Compensation Benefit | ||
Trust Fund are insufficient to
pay claims and obligations of | ||
the Rate Adjustment Fund. All
amounts transferred from the | ||
Second Injury Fund, the General Revenue Fund,
and the Workers'
| ||
Compensation Benefit Trust Fund shall be repaid from the Rate | ||
Adjustment
Fund within 270 days of a transfer, together with | ||
interest at the rate
earned by moneys on deposit in the Fund or | ||
Funds from which the moneys were
transferred.
| ||
Upon a finding by the Commission, after reasonable notice | ||
and hearing,
that any employer has willfully and knowingly | ||
failed to pay the proper
amounts into the Second Injury Fund or | ||
the Rate Adjustment Fund required by
this Section or if such | ||
payments are not made within the time periods
prescribed by | ||
this Section, the employer shall, in addition to such
|
payments, pay a penalty of 20% of the amount required to be | ||
paid or $2,500,
whichever is greater, for each year or part | ||
thereof of such failure to pay.
This penalty shall only apply | ||
to obligations of an employer to the
Second Injury Fund or the | ||
Rate Adjustment Fund accruing after the effective
date of this | ||
amendatory Act of 1989. All or part of such a penalty may be
| ||
waived by the Commission for good cause shown.
| ||
Any obligations of an employer to the Second Injury Fund | ||
and Rate
Adjustment Fund accruing prior to the effective date | ||
of this amendatory Act
of 1989 shall be paid in full by such | ||
employer within 5 years of the
effective date of this | ||
amendatory Act of 1989, with at least one-fifth of
such | ||
obligation to be paid during each year following the effective | ||
date of
this amendatory Act of 1989. If the Commission finds, | ||
following reasonable
notice and hearing, that an employer has | ||
failed to make timely payment of
any obligation accruing under | ||
the preceding sentence, the employer shall,
in addition to all | ||
other payments required by this Section, be liable for a
| ||
penalty equal to 20% of the overdue obligation or $2,500, | ||
whichever is
greater, for each year or part thereof that | ||
obligation is overdue.
All or part of such a penalty may be | ||
waived by the Commission for
good cause shown.
| ||
The Chairman of the Illinois Workers' Compensation | ||
Commission shall, annually, furnish to the
Director of the | ||
Department of Insurance a list of the amounts paid into the
| ||
Second Injury Fund and the Rate Adjustment Fund by each |
insurance company
on behalf of their insured employers. The | ||
Director shall verify to the
Chairman that the amounts paid by | ||
each insurance company are accurate as
best as the Director | ||
can determine from the records available to the
Director. The | ||
Chairman shall verify that the amounts paid by each
| ||
self-insurer are accurate as best as the Chairman can | ||
determine from
records available to the Chairman. The Chairman | ||
may require each
self-insurer to provide information | ||
concerning the total compensation
payments made upon which | ||
contributions to the Second Injury Fund and the
Rate | ||
Adjustment Fund are predicated and any additional information
| ||
establishing that such payments have been made into these | ||
funds. Any
deficiencies in payments noted by the Director or | ||
Chairman shall be subject
to the penalty provisions of this | ||
Act.
| ||
The State Treasurer, or his duly authorized | ||
representative, shall be
named as a party to all proceedings | ||
in all cases involving claim for the
loss of, or the permanent | ||
and complete loss of the use of one eye, one
foot, one leg, one | ||
arm or one hand.
| ||
The State Treasurer or his duly authorized agent shall | ||
have the same
rights as any other party to the proceeding, | ||
including the right to
petition for review of any award. The | ||
reasonable expenses of
litigation, such as medical | ||
examinations, testimony, and transcript of
evidence, incurred | ||
by the State Treasurer or his duly authorized
representative, |
shall be borne by the Second Injury Fund.
| ||
If the award is not paid within 30 days after the date the | ||
award has
become final, the Commission shall proceed to take | ||
judgment thereon in
its own name as is provided for other | ||
awards by paragraph (g) of Section
19 of this Act and take the | ||
necessary steps to collect the award.
| ||
Any person, corporation or organization who has paid or | ||
become liable
for the payment of burial expenses of the | ||
deceased employee may in his
or its own name institute | ||
proceedings before the Commission for the
collection thereof.
| ||
For the purpose of administration, receipts and | ||
disbursements, the
Special Fund provided for in paragraph (f) | ||
of this Section shall be
administered jointly with the Special | ||
Fund provided for in Section 7,
paragraph (f) of the Workers' | ||
Occupational Diseases Act.
| ||
(g) All compensation, except for burial expenses provided | ||
in this
Section to be paid in case accident results in death, | ||
shall be paid in
installments equal to the percentage of the | ||
average earnings as provided
for in Section 8, paragraph (b) | ||
of this Act, at the same intervals at
which the wages or | ||
earnings of the employees were paid. If this is not
feasible, | ||
then the installments shall be paid weekly. Such compensation
| ||
may be paid in a lump sum upon petition as provided in Section | ||
9 of this
Act. However, in addition to the benefits provided by | ||
Section 9 of this
Act where compensation for death is payable | ||
to the deceased's widow,
widower or to the deceased's widow, |
widower and one or more children,
and where a partial lump sum | ||
is applied for by such beneficiary or
beneficiaries within 18 | ||
months after the deceased's death, the
Commission may, in its | ||
discretion, grant a partial lump sum of not to
exceed 100 weeks | ||
of the compensation capitalized at their present value
upon | ||
the basis of interest calculated at 3% per annum with annual | ||
rests,
upon a showing that such partial lump sum is for the | ||
best interest of
such beneficiary or beneficiaries.
| ||
(h) In case the injured employee is under 16 years of age | ||
at the
time of the accident and is illegally employed, the | ||
amount of
compensation payable under paragraphs (a), (b), (c), | ||
(d) and (f) of this
Section shall be increased 50%.
| ||
Nothing herein contained repeals or amends the provisions | ||
of the Child
Labor Law relating to the employment of minors | ||
under the age of 16 years.
| ||
However, where an employer has on file an employment | ||
certificate
issued pursuant to the Child Labor Law or work | ||
permit issued pursuant
to the Federal Fair Labor Standards | ||
Act, as amended, or a birth
certificate properly and duly | ||
issued, such certificate, permit or birth
certificate is | ||
conclusive evidence as to the age of the injured minor
| ||
employee for the purposes of this Section only.
| ||
(i) Whenever the dependents of a deceased employee are | ||
noncitizens aliens not
residing in the United States, Mexico | ||
or Canada, the amount of
compensation payable is limited to | ||
the beneficiaries described in
paragraphs (a), (b) and (c) of |
this Section and is 50% of the
compensation provided in | ||
paragraphs (a), (b) and (c) of this Section,
except as | ||
otherwise provided by treaty.
| ||
In a case where any of the persons who would be entitled to
| ||
compensation is living at any place outside of the United | ||
States, then
payment shall be made to the personal | ||
representative of the deceased
employee. The distribution by | ||
such personal representative to the
persons entitled shall be | ||
made to such persons and in such manner as the
Commission | ||
orders.
| ||
(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | ||
94-695, eff. 11-16-05.)
| ||
Section 150. The Workers' Occupational Diseases Act is | ||
amended by changing Section 1 as follows:
| ||
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||
Sec. 1. This Act shall be known and may be cited as the | ||
"Workers'
Occupational Diseases Act".
| ||
(a) The term "employer" as used in this Act shall be | ||
construed to
be:
| ||
1. The State and each county, city, town, township, | ||
incorporated
village, school district, body politic, or | ||
municipal corporation
therein.
| ||
2. Every person, firm, public or private corporation, | ||
including
hospitals, public service, eleemosynary, |
religious or charitable
corporations or associations, who | ||
has any person in service or under any
contract for hire, | ||
express or implied, oral or written.
| ||
3. Where an employer operating under and subject to | ||
the provisions
of this Act loans an employee to another | ||
such employer and such loaned
employee sustains a | ||
compensable occupational disease in the employment
of such | ||
borrowing employer and where such borrowing employer does | ||
not
provide or pay the benefits or payments due such | ||
employee, such loaning
employer shall be liable to provide | ||
or pay all benefits or payments due
such employee under | ||
this Act and as to such employee the liability of
such | ||
loaning and borrowing employers shall be joint and | ||
several,
provided that such loaning employer shall in the | ||
absence of agreement to
the contrary be entitled to | ||
receive from such borrowing employer full
reimbursement | ||
for all sums paid or incurred pursuant to this paragraph
| ||
together with reasonable attorneys' fees and expenses in | ||
any hearings
before the Illinois Workers' Compensation | ||
Commission or in any action to secure such
reimbursement. | ||
Where any benefit is provided or paid by such loaning
| ||
employer, the employee shall have the duty of rendering | ||
reasonable
co-operation in any hearings, trials or | ||
proceedings in the case,
including such proceedings for | ||
reimbursement.
| ||
Where an employee files an Application for Adjustment |
of Claim with
the Illinois Workers' Compensation | ||
Commission alleging that his or her claim is covered by
| ||
the provisions of the preceding paragraph, and joining | ||
both the alleged
loaning and borrowing employers, they and | ||
each of them, upon written
demand by the employee and | ||
within 7 days after receipt of such demand,
shall have the | ||
duty of filing with the Illinois Workers' Compensation | ||
Commission a written
admission or denial of the allegation | ||
that the claim is covered by the
provisions of the | ||
preceding paragraph and in default of such filing or
if | ||
any such denial be ultimately determined not to have been | ||
bona fide
then the provisions of Paragraph K of Section 19 | ||
of this Act shall
apply.
| ||
An employer whose business or enterprise or a | ||
substantial part
thereof consists of hiring, procuring or | ||
furnishing employees to or for
other employers operating | ||
under and subject to the provisions of this
Act for the | ||
performance of the work of such other employers and who | ||
pays
such employees their salary or wage notwithstanding | ||
that they are doing
the work of such other employers shall | ||
be deemed a loaning employer
within the meaning and | ||
provisions of this Section.
| ||
(b) The term "employee" as used in this Act, shall be | ||
construed to
mean:
| ||
1. Every person in the service of the State, county, | ||
city, town,
township, incorporated village or school |
district, body politic or
municipal corporation therein, | ||
whether by election, appointment or
contract of hire, | ||
express or implied, oral or written, including any
| ||
official of the State, or of any county, city, town, | ||
township,
incorporated village, school district, body | ||
politic or municipal
corporation therein and except any | ||
duly appointed member of the fire
department in any city | ||
whose population exceeds 500,000 according to the
last | ||
Federal or State census, and except any member of a fire | ||
insurance
patrol maintained by a board of underwriters in | ||
this State. One employed
by a contractor who has | ||
contracted with the State, or a county, city,
town, | ||
township, incorporated village, school district, body | ||
politic or
municipal corporation therein, through its | ||
representatives, shall not be
considered as an employee of | ||
the State, county, city, town, township,
incorporated | ||
village, school district, body politic or municipal
| ||
corporation which made the contract.
| ||
2. Every person in the service of another under any | ||
contract of
hire, express or implied, oral or written, who | ||
contracts an occupational
disease while working in the | ||
State of Illinois, or who contracts an
occupational | ||
disease while working outside of the State of Illinois but
| ||
where the contract of hire is made within the State of | ||
Illinois, and any
person whose employment is principally | ||
localized within the State of
Illinois, regardless of the |
place where the disease was contracted or
place where the | ||
contract of hire was made, including noncitizens aliens , | ||
and minors
who, for the purpose of this Act, except | ||
Section 3 hereof, shall be
considered the same and have | ||
the same power to contract, receive
payments and give | ||
quittances therefor, as adult employees. An employee
or | ||
his or her dependents under this Act who shall have a cause | ||
of action
by reason of an occupational disease, | ||
disablement or death arising out
of and in the course of | ||
his or her employment may elect or pursue
his or her remedy | ||
in the State where the disease was contracted, or in the
| ||
State where the contract of hire is made, or in the State | ||
where the
employment is principally localized.
| ||
(c) "Commission" means the Illinois Workers' Compensation | ||
Commission created by the
Workers' Compensation Act, approved | ||
July 9, 1951, as amended.
| ||
(d) In this Act the term "Occupational Disease" means a | ||
disease
arising out of and in the course of the employment or | ||
which has become
aggravated and rendered disabling as a result | ||
of the exposure of the
employment. Such aggravation shall | ||
arise out of a risk peculiar to or
increased by the employment | ||
and not common to the general public.
| ||
A disease shall be deemed to arise out of the employment if | ||
there is
apparent to the rational mind, upon consideration of | ||
all the
circumstances, a causal connection between the | ||
conditions under which
the work is performed and the |
occupational disease. The disease need not
to have been | ||
foreseen or expected but after its contraction it must
appear | ||
to have had its origin or aggravation in a risk connected with
| ||
the employment and to have flowed from that source as a | ||
rational
consequence.
| ||
An employee shall be conclusively deemed to have been | ||
exposed to the
hazards of an occupational disease when, for | ||
any length of time however
short, he or she is employed in an | ||
occupation or process in which the
hazard of the disease | ||
exists; provided however, that in a claim of
exposure to | ||
atomic radiation, the fact of such exposure must be verified
| ||
by the records of the central registry of radiation exposure | ||
maintained
by the Department of Public Health or by some other | ||
recognized
governmental agency maintaining records of such | ||
exposures whenever and
to the extent that the records are on | ||
file with the Department of Public
Health or the agency. | ||
Any injury to or disease or death of an employee arising | ||
from the administration of a vaccine, including without | ||
limitation smallpox vaccine, to prepare for, or as a response | ||
to, a threatened or potential bioterrorist incident to the | ||
employee as part of a voluntary inoculation program in | ||
connection with the person's employment or in connection with | ||
any governmental program or recommendation for the inoculation | ||
of workers in the employee's occupation, geographical area, or | ||
other category that includes the employee is deemed to arise | ||
out of and in the course of the employment for all purposes |
under this Act. This paragraph added by Public Act 93-829 is | ||
declarative of existing law and is not a new enactment.
| ||
The employer liable for the compensation in this Act | ||
provided shall
be the employer in whose employment the | ||
employee was last exposed to the
hazard of the occupational | ||
disease claimed upon regardless of the length
of time of such | ||
last exposure, except, in cases of silicosis or
asbestosis, | ||
the only employer liable shall be the last employer in whose
| ||
employment the employee was last exposed during a period of 60 | ||
days or
more after the effective date of this Act, to the | ||
hazard of such
occupational disease, and, in such cases, an | ||
exposure during a period of
less than 60 days, after the | ||
effective date of this Act, shall not be
deemed a last | ||
exposure. If a miner who is suffering or suffered from
| ||
pneumoconiosis was employed for 10 years or more in one or more | ||
coal
mines there shall, effective July 1, 1973 be a rebuttable | ||
presumption
that his or her pneumoconiosis arose out of such | ||
employment.
| ||
If a deceased miner was employed for 10 years or more in | ||
one or more
coal mines and died from a respirable disease there | ||
shall, effective
July 1, 1973, be a rebuttable presumption | ||
that his or her death was due
to pneumoconiosis.
| ||
Any condition or impairment of health of an employee | ||
employed as a
firefighter, emergency medical technician (EMT), | ||
emergency medical technician-intermediate (EMT-I), advanced | ||
emergency medical technician (A-EMT), or paramedic which |
results
directly or indirectly from any bloodborne pathogen, | ||
lung or respiratory
disease
or
condition, heart
or vascular | ||
disease or condition, hypertension, tuberculosis, or cancer
| ||
resulting
in any disability (temporary, permanent, total, or | ||
partial) to the employee
shall be rebuttably presumed to arise | ||
out of and in the course of the
employee's firefighting, EMT, | ||
EMT-I, A-EMT, or paramedic employment and, further, shall be
| ||
rebuttably presumed to be causally connected to the hazards or | ||
exposures of
the employment. This presumption shall also apply | ||
to any hernia or hearing
loss suffered by an employee employed | ||
as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | ||
this presumption shall not apply to any employee who has been | ||
employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | ||
less than 5 years at the time he or she files an Application | ||
for Adjustment of Claim concerning this condition or | ||
impairment with the Illinois Workers' Compensation Commission. | ||
The rebuttable presumption established under this subsection, | ||
however, does not apply to an emergency medical technician | ||
(EMT), emergency medical technician-intermediate (EMT-I), | ||
advanced emergency medical technician (A-EMT), or paramedic | ||
employed by a private employer if the employee spends the | ||
preponderance of his or her work time for that employer | ||
engaged in medical transfers between medical care facilities | ||
or non-emergency medical transfers to or from medical care | ||
facilities. The changes made to this subsection by this | ||
amendatory Act of the 98th General Assembly shall be narrowly |
construed. The Finding and Decision of the Illinois Workers' | ||
Compensation Commission under only the rebuttable presumption | ||
provision of this paragraph shall not be admissible or be | ||
deemed res judicata in any disability claim under the Illinois | ||
Pension Code arising out of the same medical condition; | ||
however, this sentence makes no change to the law set forth in | ||
Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||
The insurance carrier liable shall be the carrier whose | ||
policy was in
effect covering the employer liable on the last | ||
day of the exposure
rendering such employer liable in | ||
accordance with the provisions of this
Act.
| ||
(e) "Disablement" means an impairment or partial | ||
impairment,
temporary or permanent, in the function of the | ||
body or any of the
members of the body, or the event of | ||
becoming disabled from earning full
wages at the work in which | ||
the employee was engaged when last exposed to
the hazards of | ||
the occupational disease by the employer from whom he or
she | ||
claims compensation, or equal wages in other suitable | ||
employment;
and "disability" means the state of being so | ||
incapacitated.
| ||
(f) No compensation shall be payable for or on account of | ||
any
occupational disease unless disablement, as herein | ||
defined, occurs
within two years after the last day of the last | ||
exposure to the hazards
of the disease, except in cases of | ||
occupational disease caused by
berylliosis or by the | ||
inhalation of silica dust or asbestos dust and, in
such cases, |
within 3 years after the last day of the last exposure to
the | ||
hazards of such disease and except in the case of occupational
| ||
disease caused by exposure to radiological materials or | ||
equipment, and
in such case, within 25 years after the last day | ||
of last exposure to the
hazards of such disease.
| ||
(g)(1) In any proceeding before the Commission in which | ||
the employee is a COVID-19 first responder or front-line | ||
worker as defined in this subsection, if the employee's injury | ||
or occupational disease resulted from exposure to and | ||
contraction of COVID-19, the exposure and contraction shall be | ||
rebuttably presumed to have arisen out of and in the course of | ||
the employee's first responder or front-line worker employment | ||
and the injury or occupational disease shall be rebuttably | ||
presumed to be causally connected to the hazards or exposures | ||
of the employee's first responder or front-line worker | ||
employment. | ||
(2) The term "COVID-19 first responder or front-line | ||
worker" means: all individuals employed as police, fire | ||
personnel, emergency medical technicians, or paramedics; all | ||
individuals employed and considered as first responders; all | ||
workers for health care providers, including nursing homes and | ||
rehabilitation facilities and home care workers; corrections | ||
officers; and any individuals employed by essential businesses | ||
and operations as defined in Executive Order 2020-10 dated | ||
March 20, 2020, as long as individuals employed by essential | ||
businesses and operations are required by their employment to |
encounter members of the general public or to work in | ||
employment locations of more than 15 employees. For purposes | ||
of this subsection only, an employee's home or place of | ||
residence is not a place of employment, except for home care | ||
workers. | ||
(3) The presumption created in this subsection may be | ||
rebutted by evidence, including, but not limited to, the | ||
following: | ||
(A) the employee was working from his or her home, on | ||
leave from his or her employment, or some combination | ||
thereof, for a period of 14 or more consecutive days | ||
immediately prior to the employee's injury, occupational | ||
disease, or period of incapacity resulted from exposure to | ||
COVID-19; or | ||
(B) the employer was engaging in and applying to the | ||
fullest extent possible or enforcing to the best of its | ||
ability industry-specific workplace sanitation, social | ||
distancing, and health and safety practices based on | ||
updated guidance issued by the Centers for Disease Control | ||
and Prevention or Illinois Department of Public Health or | ||
was using a combination of administrative controls, | ||
engineering controls, or personal protective equipment to | ||
reduce the transmission of COVID-19 to all employees for | ||
at least 14 consecutive days prior to the employee's | ||
injury, occupational disease, or period of incapacity | ||
resulting from exposure to COVID-19. For purposes of this |
subsection, "updated" means the guidance in effect at | ||
least 14 days prior to the COVID-19 diagnosis. For | ||
purposes of this subsection, "personal protective | ||
equipment" means industry-specific equipment worn to | ||
minimize exposure to hazards that cause illnesses or | ||
serious injuries, which may result from contact with | ||
biological, chemical, radiological, physical, electrical, | ||
mechanical, or other workplace hazards. "Personal | ||
protective equipment" includes, but is not limited to, | ||
items such as face coverings, gloves, safety glasses, | ||
safety face shields, barriers, shoes, earplugs or muffs, | ||
hard hats, respirators, coveralls, vests, and full body | ||
suits; or | ||
(C) the employee was exposed to COVID-19 by an | ||
alternate source. | ||
(4) The rebuttable presumption created in this subsection | ||
applies to all cases tried after June 5, 2020 (the effective | ||
date of Public Act 101-633) and in which the diagnosis of | ||
COVID-19 was made on or after March 9, 2020 and on or before | ||
June 30, 2021 (including the period between December 31, 2020 | ||
and the effective date of this amendatory Act of the 101st | ||
General Assembly). | ||
(5) Under no circumstances shall any COVID-19 case | ||
increase or affect any employer's workers' compensation | ||
insurance experience rating or modification, but COVID-19 | ||
costs may be included in determining overall State loss costs. |
(6) In order for the presumption created in this | ||
subsection to apply at trial, for COVID-19 diagnoses occurring | ||
on or before June 15, 2020, an employee must provide a | ||
confirmed medical diagnosis by a licensed medical practitioner | ||
or a positive laboratory test for COVID-19 or for COVID-19 | ||
antibodies; for COVID-19 diagnoses occurring after June 15, | ||
2020, an employee must provide a positive laboratory test for | ||
COVID-19 or for COVID-19 antibodies. | ||
(7) The presumption created in this subsection does not | ||
apply if the employee's place of employment was solely the | ||
employee's home or residence for a period of 14 or more | ||
consecutive days immediately prior to the employee's injury, | ||
occupational disease, or period of incapacity resulted from | ||
exposure to COVID-19. | ||
(8) The date of injury or the beginning of the employee's | ||
occupational disease or period of disability is either the | ||
date that the employee was unable to work due to contraction of | ||
COVID-19 or was unable to work due to symptoms that were later | ||
diagnosed as COVID-19, whichever came first. | ||
(9) An employee who contracts COVID-19, but fails to | ||
establish the rebuttable presumption is not precluded from | ||
filing for compensation under this Act or under the Workers' | ||
Compensation Act. | ||
(10) To qualify for temporary total disability benefits | ||
under the presumption created in this subsection, the employee | ||
must be certified for or recertified for temporary disability. |
(11) An employer is entitled to a credit against any | ||
liability for temporary total disability due to an employee as | ||
a result of the employee contracting COVID-19 for (A) any sick | ||
leave benefits or extended salary benefits paid to the | ||
employee by the employer under Emergency Family Medical Leave | ||
Expansion Act, Emergency Paid Sick Leave Act of the Families | ||
First Coronavirus Response Act, or any other federal law, or | ||
(B) any other credit to which an employer is entitled under the | ||
Workers' Compensation Act. | ||
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
| ||
Section 155. The Unemployment Insurance Act is amended by | ||
changing Sections 211.4 and 614 as follows:
| ||
(820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
| ||
Sec. 211.4. A. Notwithstanding any other provision of this | ||
Act, the
term "employment" shall include service performed | ||
after December 31,
1977, by an individual in agricultural | ||
labor as defined in Section 214
when:
| ||
1. Such service is performed for an employing unit | ||
which (a) paid
cash wages of $20,000 or more during any | ||
calendar quarter in either the
current or preceding | ||
calendar year to an individual or individuals
employed in | ||
agricultural labor (not taking into account service in
| ||
agricultural labor performed before January 1, 1980, by a | ||
noncitizen an alien
referred to in paragraph 2); or (b) |
employed in agricultural labor (not
taking into account | ||
service in agricultural labor performed before
January 1, | ||
1980, by a noncitizen an alien referred to in paragraph 2) | ||
10 or more
individuals within each of 20 or more calendar | ||
weeks (but not
necessarily simultaneously and irrespective | ||
of whether the same
individuals are or were employed in | ||
each such week), whether or not such
weeks are or were | ||
consecutive, within either the current or preceding
| ||
calendar year.
| ||
2. Such service is not performed in agricultural labor | ||
if performed
before January 1, 1980 or on or after the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly, by an individual who is a noncitizen an alien | ||
admitted to the
United States to perform service in | ||
agricultural labor pursuant to
Sections 214(c) and | ||
101(a)(15)(H) of the Immigration and Nationality
Act.
| ||
B. For the purposes of this Section, any individual who is | ||
a member
of a crew furnished by a crew leader to perform | ||
service in agricultural
labor for any other employing unit | ||
shall be treated as performing
service in the employ of such | ||
crew leader if (1) the leader holds a
valid certificate of | ||
registration under the Farm Labor Contractor
Registration Act | ||
of 1963, or substantially all the members of such crew
operate | ||
or maintain tractors, mechanized harvesting or crop dusting
| ||
equipment, or any other mechanized equipment, which is | ||
provided by the
crew leader; and (2) the service of such |
individual is not in employment
for such other employing unit | ||
within the meaning of subsections A and C
of Section 212, and | ||
of Section 213.
| ||
C. For the purposes of this Section, any individual who is | ||
furnished
by a crew leader to perform service in agricultural | ||
labor for any other
employing unit, and who is not treated as | ||
performing service in the
employ of such crew leader under | ||
subsection B, shall be treated as
performing service in the | ||
employ of such other employing unit, and such
employing unit | ||
shall be treated as having paid cash wages to such
individual | ||
in an amount equal to the amount of cash wages paid to the
| ||
individual by the crew leader (either on his own behalf or on | ||
behalf of
such other employing unit) for the service in | ||
agricultural labor
performed for such other employing unit.
| ||
D. For the purposes of this Section, the term "crew | ||
leader" means an
individual who (1) furnishes individuals to | ||
perform service in
agricultural labor for any other employing | ||
unit; (2) pays (either on his
own behalf or on behalf of such | ||
other employing unit) the individuals so
furnished by him for | ||
the service in agricultural labor performed by
them; and (3) | ||
has not entered into a written agreement with such other
| ||
employing unit under which an individual so furnished by him | ||
is
designated as performing services in the employ of such | ||
other employing
unit.
| ||
(Source: P.A. 96-1208, eff. 1-1-11.)
|
(820 ILCS 405/614) (from Ch. 48, par. 444)
| ||
Sec. 614. Noncitizens Non-resident aliens - ineligibility. | ||
A noncitizen An alien shall be ineligible
for benefits for any | ||
week which begins after December 31, 1977, on the basis
of | ||
wages for services performed by such noncitizen alien , unless | ||
the noncitizen alien was an individual
who was lawfully | ||
admitted for permanent residence at the
time such services | ||
were performed or otherwise was permanently
residing in the | ||
United States under color of law at the time such
services were | ||
performed (including a noncitizen an alien who
was lawfully | ||
present in the United States as a result of the application
of | ||
the provisions of Section 212(d) (5) of the Immigration
and | ||
Nationality Act); provided, that any modifications of the | ||
provisions
of Section 3304(a) (14) of the Federal Unemployment | ||
Tax Act which
| ||
A. Specify other conditions or another effective date | ||
than stated herein
for ineligibility for benefits based on | ||
wages for services performed by noncitizens aliens , and
| ||
B. Are required to be implemented under this Act as a | ||
condition for the
Federal approval of this Act requisite | ||
to the full tax credit against the
tax imposed by the | ||
Federal Act for contributions paid by employers pursuant
| ||
to this Act, shall be applicable under the provisions of | ||
this Section.
| ||
Any data or information required of individuals who claim | ||
benefits for
the purpose of determining whether benefits are |
not payable to them pursuant
to this Section shall be | ||
uniformly required of all individuals who claim benefits.
| ||
If an individual would otherwise be eligible for benefits, | ||
no determination
shall be made that such individual is | ||
ineligible for benefits pursuant to
this Section because of | ||
the individual's noncitizen alien status, except upon a | ||
preponderance
of the evidence.
| ||
(Source: P.A. 86-3; 87-122.)
| ||
Section 995. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |