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Public Act 102-1030 |
SB3865 Enrolled | LRB102 24242 RJF 33473 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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(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.
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(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
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bank, bank holding company, trust company, savings |
bank, industrial bank,
land bank, safe deposit |
company, private banker, savings and loan association,
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building and loan association, credit union, currency |
exchange, cooperative
bank, small loan company, sales |
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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.
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(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
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operating as a credit card bank.
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(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):
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(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 |
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personal property or services by the borrower, or |
the business of
finance leasing. For purposes of |
this item (i), "customer receivable"
means:
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(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;
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(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
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(c) the outstanding balance of a contract |
or agreement described in
provisions
(a) or |
(b) of this item (i).
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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
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transaction or to a person who purchased the |
customer receivable directly or
indirectly from |
that seller.
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(ii) A corporation meeting each of the |
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following criteria:
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(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;
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(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
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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
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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 |
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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;
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(c) the total of all shareholder's equity |
(including, without
limitation,
paid-in
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capital on common and preferred stock and |
retained earnings) of the
corporation plus the |
total of all of its loans, advances, and other
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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
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(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
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corporation.
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This amendatory Act of the 91st General Assembly |
is declaratory of
existing
law.
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(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.
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(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. |