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Public Act 103-0605 | ||||
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AN ACT to revise the law by combining multiple enactments | ||||
and making technical corrections. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 1. Nature of this Act. | ||||
(a) This Act may be cited as the First 2024 General | ||||
Revisory Act. | ||||
(b) This Act is not intended to make any substantive | ||||
change in the law. It reconciles conflicts that have arisen | ||||
from multiple amendments and enactments and makes technical | ||||
corrections and revisions in the law. | ||||
This Act revises and, where appropriate, renumbers certain | ||||
Sections that have been added or amended by more than one | ||||
Public Act. In certain cases in which a repealed Act or Section | ||||
has been replaced with a successor law, this Act may | ||||
incorporate amendments to the repealed Act or Section into the | ||||
successor law. This Act also corrects errors, revises | ||||
cross-references, and deletes obsolete text. | ||||
(c) In this Act, the reference at the end of each amended | ||||
Section indicates the sources in the Session Laws of Illinois | ||||
that were used in the preparation of the text of that Section. | ||||
The text of the Section included in this Act is intended to | ||||
include the different versions of the Section found in the | ||||
Public Acts included in the list of sources, but may not |
include other versions of the Section to be found in Public | ||
Acts not included in the list of sources. The list of sources | ||
is not a part of the text of the Section. | ||
(d) Public Acts 102-1119 through 103-583 were considered | ||
in the preparation of the combining revisories included in | ||
this Act. Many of those combining revisories contain no | ||
striking or underscoring because no additional changes are | ||
being made in the material that is being combined. | ||
Section 5. The Regulatory Sunset Act is amended by | ||
changing Section 4.39 as follows: | ||
(5 ILCS 80/4.39) | ||
Sec. 4.39. Acts and Section repealed on January 1, 2029 | ||
and December 31, 2029. | ||
(a) The following Acts and Section are repealed on January | ||
1, 2029: | ||
The Electrologist Licensing Act. | ||
The Environmental Health Practitioner Licensing Act. | ||
The Illinois Occupation Therapy Practice Act. | ||
The Crematory Regulation Act. | ||
The Illinois Public Accounting Act. | ||
The Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||
Section 2.5 of the Illinois Plumbing License Law. | ||
The Veterinary Medicine and Surgery Practice Act of |
2004. | ||
The Registered Surgical Assistant and Registered | ||
Surgical Technologist Title Protection Act. | ||
(b) The following Act is repealed on December 31, 2029: | ||
The Structural Pest Control Act. | ||
(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23; | ||
103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff. | ||
8-4-23; revised 8-28-23.) | ||
Section 10. The Illinois Administrative Procedure Act is | ||
amended by setting forth, renumbering, and changing multiple | ||
versions of Sections 5-45.35 and 5-45.36 as follows: | ||
(5 ILCS 100/5-45.35) | ||
Sec. 5-45.35. (Repealed). | ||
(Source: P.A. 102-1104, eff. 12-6-22. Repealed internally, | ||
eff. 12-6-23.) | ||
(5 ILCS 100/5-45.36) | ||
(Section scheduled to be repealed on June 7, 2024) | ||
Sec. 5-45.36. Emergency rulemaking. To provide for the | ||
expeditious and timely implementation of Section 234 of the | ||
Illinois Income Tax Act, emergency rules implementing that | ||
Section may be adopted in accordance with Section 5-45 by the | ||
Department of Revenue. The adoption of emergency rules | ||
authorized by Section 5-45 and this Section is deemed to be |
necessary for the public interest, safety, and welfare. | ||
This Section is repealed on June 7, 2024 ( one year after | ||
the effective date of Public Act 103-9) this amendatory Act of | ||
the 103rd General Assembly . | ||
(Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.) | ||
(5 ILCS 100/5-45.38) | ||
(Section scheduled to be repealed on January 10, 2024) | ||
Sec. 5-45.38 5-45.35 . Emergency rulemaking. To provide for | ||
the expeditious and timely implementation of Public Act | ||
102-1116 this amendatory Act of the 102nd General Assembly , | ||
emergency rules implementing Public Act 102-1116 this | ||
amendatory Act of the 102nd General Assembly may be adopted in | ||
accordance with Section 5-45 by the Illinois State Police. The | ||
adoption of emergency rules authorized by Section 5-45 and | ||
this Section is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
This Section is repealed on January 10, 2024 ( one year | ||
after the effective date of Public Act 102-1116) this | ||
amendatory Act of the 102nd General Assembly . | ||
(Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.) | ||
(5 ILCS 100/5-45.39) | ||
(Section scheduled to be repealed on January 13, 2024) | ||
Sec. 5-45.39 5-45.35 . Emergency rulemaking; temporary | ||
licenses for health care. To provide for the expeditious and |
timely implementation of Section 66 of the Medical Practice | ||
Act of 1987, Section 65-11.5 of the Nurse Practice Act, and | ||
Section 9.7 of the Physician Assistant Practice Act of 1987, | ||
emergency rules implementing the issuance of temporary permits | ||
to applicants who are licensed to practice as a physician, | ||
advanced practice registered nurse, or physician assistant in | ||
another state may be adopted in accordance with Section 5-45 | ||
by the Department of Financial and Professional Regulation. | ||
The adoption of emergency rules authorized by Section 5-45 and | ||
this Section is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
This Section is repealed on January 13, 2024 ( one year | ||
after the effective date of Public Act 102-1117) this | ||
amendatory Act of the 102nd General Assembly . | ||
(Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.) | ||
(5 ILCS 100/5-45.40) | ||
(Section scheduled to be repealed on January 18, 2024) | ||
Sec. 5-45.40 5-45.35 . Emergency rulemaking; rural | ||
emergency hospitals. To provide for the expeditious and timely | ||
implementation of Public Act 102-1118 this amendatory Act of | ||
the 102nd General Assembly , emergency rules implementing the | ||
inclusion of rural emergency hospitals in the definition of | ||
"hospital" in Section 3 of the Hospital Licensing Act may be | ||
adopted in accordance with Section 5-45 by the Department of | ||
Public Health. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the | ||
public interest, safety, and welfare. | ||
This Section is repealed on January 18, 2024 ( one year | ||
after the effective date of Public Act 102-1118) this | ||
amendatory Act of the 102nd General Assembly . | ||
(Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.) | ||
(5 ILCS 100/5-45.41) | ||
(Section scheduled to be repealed on February 3, 2024) | ||
Sec. 5-45.41 5-45.35 . Emergency rulemaking. To provide for | ||
the expeditious and timely implementation of the Invest in | ||
Illinois Act, emergency rules implementing the Invest in | ||
Illinois Act may be adopted in accordance with Section 5-45 by | ||
the Department of Commerce and Economic Opportunity. The | ||
adoption of emergency rules authorized by Section 5-45 and | ||
this Section is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
This Section is repealed on February 3, 2024 ( one year | ||
after the effective date of Public Act 102-1125) this | ||
amendatory Act of the 102nd General Assembly . | ||
(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.) | ||
(5 ILCS 100/5-45.45) | ||
(Section scheduled to be repealed on June 16, 2024) | ||
Sec. 5-45.45 5-45.35 . Emergency rulemaking; Substance Use | ||
Disorder Residential and Detox Rate Equity. To provide for the |
expeditious and timely implementation of the Substance Use | ||
Disorder Residential and Detox Rate Equity Act, emergency | ||
rules implementing the Substance Use Disorder Residential and | ||
Detox Rate Equity Act may be adopted in accordance with | ||
Section 5-45 by the Department of Human Services and the | ||
Department of Healthcare and Family Services. The adoption of | ||
emergency rules authorized by Section 5-45 and this Section is | ||
deemed to be necessary for the public interest, safety, and | ||
welfare. | ||
This Section is repealed on June 16, 2024 ( one year after | ||
the effective date of Public Act 103-102) this amendatory Act | ||
of the 103rd General Assembly . | ||
(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.) | ||
(5 ILCS 100/5-45.46) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 5-45.46 5-45.35 . Emergency rulemaking; Illinois Law | ||
Enforcement Training Standards Board. To provide for the | ||
expeditious and timely implementation of the changes made in | ||
Sections 8.1 and 8.2 of the Illinois Police Training Act, | ||
emergency rules implementing the waiver process under Sections | ||
8.1 and 8.2 of the Illinois Police Training Act may be adopted | ||
in accordance with Section 5-45 by the Illinois Law | ||
Enforcement Training Standards Board. The adoption of | ||
emergency rules authorized by Section 5-45 and this Section is | ||
deemed to be necessary for the public interest, safety, and |
welfare. | ||
This Section is repealed on January 1, 2025 ( one year | ||
after the effective date of Public Act 103-389) this | ||
amendatory Act of the 103rd General Assembly . | ||
(Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.) | ||
(5 ILCS 100/5-45.47) | ||
(Section scheduled to be repealed on August 4, 2024) | ||
Sec. 5-45.47 5-45.35 . Emergency rulemaking; Department of | ||
Natural Resources. To provide for the expeditious and timely | ||
implementation of Section 13 of the Human Remains Protection | ||
Act, emergency rules implementing Section 13 of the Human | ||
Remains Protection Act may be adopted in accordance with | ||
Section 5-45 by the Department of Natural Resources. The | ||
adoption of emergency rules authorized by Section 5-45 and | ||
this Section is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
This Section is repealed on August 4, 2024 ( one year after | ||
the effective date of Public Act 103-446) this amendatory Act | ||
of the 103rd General Assembly . | ||
(Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.) | ||
(5 ILCS 100/5-45.48) | ||
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 5-45.48 5-45.35 . Emergency rulemaking; occupational | ||
licenses. To provide for the expeditious and timely |
implementation of Public Act 103-550 this amendatory Act of | ||
the 103rd General Assembly , emergency rules implementing the | ||
changes made to Section 9 of the Illinois Gambling Act may be | ||
adopted in accordance with Section 5-45 by the Illinois Gaming | ||
Board. The adoption of emergency rules authorized by Section | ||
5-45 and this Section is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
This Section is repealed on January 1, 2025 ( one year | ||
after the effective date of Public Act 103-550) this | ||
amendatory Act of the 103rd General Assembly . | ||
(Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.) | ||
(5 ILCS 100/5-45.50) | ||
Sec. 5-45.50 5-45.35 . (Repealed). | ||
(Source: P.A. 102-1108, eff. 12-21-22. Repealed internally, | ||
eff. 12-21-23) | ||
(5 ILCS 100/5-45.51) | ||
(Section scheduled to be repealed on June 16, 2024) | ||
Sec. 5-45.51 5-45.36 . Emergency rulemaking; Medicaid | ||
reimbursement rates for hospital inpatient and outpatient | ||
services. To provide for the expeditious and timely | ||
implementation of the changes made by Public Act 103-102 this | ||
amendatory Act of the 103rd General Assembly to Sections | ||
5-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid | ||
Code, emergency rules implementing the changes made by Public |
Act 103-102 this amendatory Act of the 103rd General Assembly | ||
to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the | ||
Illinois Public Aid Code may be adopted in accordance with | ||
Section 5-45 by the Department of Healthcare and Family | ||
Services. The adoption of emergency rules authorized by | ||
Section 5-45 and this Section is deemed to be necessary for the | ||
public interest, safety, and welfare. | ||
This Section is repealed on June 16, 2024 ( one year after | ||
the effective date of Public Act 103-102) this amendatory Act | ||
of the 103rd General Assembly . | ||
(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.) | ||
(5 ILCS 100/5-45.52) | ||
(Section scheduled to be repealed on December 8, 2024) | ||
Sec. 5-45.52 5-45.35 . Emergency rulemaking; Public Act | ||
103-568 this amendatory Act of the 103rd General Assembly . To | ||
provide for the expeditious and timely implementation of | ||
Public Act 103-568 this amendatory Act of the 103rd General | ||
Assembly , emergency rules implementing Public Act 103-568 this | ||
amendatory Act of the 103rd General Assembly may be adopted in | ||
accordance with Section 5-45 by the Department of Financial | ||
and Professional Regulation. The adoption of emergency rules | ||
authorized by Section 5-45 and this Section is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
This Section is repealed on December 8, 2024 ( one year | ||
after the effective date of Public Act 103-568) this |
amendatory Act of the 103rd General Assembly . | ||
(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.) | ||
Section 15. The Freedom of Information Act is amended by | ||
changing Sections 7 and 7.5 as follows: | ||
(5 ILCS 140/7) | ||
Sec. 7. Exemptions. | ||
(1) When a request is made to inspect or copy a public | ||
record that contains information that is exempt from | ||
disclosure under this Section, but also contains information | ||
that is not exempt from disclosure, the public body may elect | ||
to redact the information that is exempt. The public body | ||
shall make the remaining information available for inspection | ||
and copying. Subject to this requirement, the following shall | ||
be exempt from inspection and copying: | ||
(a) Information specifically prohibited from | ||
disclosure by federal or State law or rules and | ||
regulations implementing federal or State law. | ||
(b) Private information, unless disclosure is required | ||
by another provision of this Act, a State or federal law, | ||
or a court order. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or | ||
more law enforcement agencies regarding the physical or |
mental status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a | ||
clearly unwarranted invasion of personal privacy, unless | ||
the disclosure is consented to in writing by the | ||
individual subjects of the information. "Unwarranted | ||
invasion of personal privacy" means the disclosure of | ||
information that is highly personal or objectionable to a | ||
reasonable person and in which the subject's right to | ||
privacy outweighs any legitimate public interest in | ||
obtaining the information. The disclosure of information | ||
that bears on the public duties of public employees and | ||
officials shall not be considered an invasion of personal | ||
privacy. | ||
(d) Records in the possession of any public body | ||
created in the course of administrative enforcement | ||
proceedings, and any law enforcement or correctional | ||
agency for law enforcement purposes, but only to the | ||
extent that disclosure would: | ||
(i) interfere with pending or actually and | ||
reasonably contemplated law enforcement proceedings | ||
conducted by any law enforcement or correctional | ||
agency that is the recipient of the request; | ||
(ii) interfere with active administrative | ||
enforcement proceedings conducted by the public body | ||
that is the recipient of the request; |
(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing; | ||
(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic crashes, traffic crash reports, | ||
and rescue reports shall be provided by agencies of | ||
local government, except when disclosure would | ||
interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request; | ||
(v) disclose unique or specialized investigative | ||
techniques other than those generally used and known | ||
or disclose internal documents of correctional | ||
agencies related to detection, observation, or | ||
investigation of incidents of crime or misconduct, and | ||
disclosure would result in demonstrable harm to the | ||
agency or public body that is the recipient of the | ||
request; | ||
(vi) endanger the life or physical safety of law | ||
enforcement personnel or any other person; or | ||
(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request. | ||
(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency | ||
that is the recipient of the request did not create the | ||
record, did not participate in or have a role in any of the | ||
events which are the subject of the record, and only has | ||
access to the record through the shared electronic record | ||
management system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.2 of the Illinois Police | ||
Training Act, except to the extent authorized under that | ||
Section. This includes the documents supplied to the | ||
Illinois Law Enforcement Training Standards Board from the | ||
Illinois State Police and Illinois State Police Merit | ||
Board. | ||
(d-7) Information gathered or records created from the | ||
use of automatic license plate readers in connection with | ||
Section 2-130 of the Illinois Vehicle Code. | ||
(e) Records that relate to or affect the security of | ||
correctional institutions and detention facilities. | ||
(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is |
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available | ||
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the | ||
disclosure of which would result in the risk of harm to any | ||
person or the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail | ||
or committed to the Department of Corrections or | ||
Department of Human Services Division of Mental Health, | ||
containing personal information pertaining to the person's | ||
victim or the victim's family, including, but not limited | ||
to, a victim's home address, home telephone number, work | ||
or school address, work telephone number, social security |
number, or any other identifying information, except as | ||
may be relevant to a requester's current or potential case | ||
or claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not | ||
limited to, arrest and booking records, mug shots, and | ||
crime scene photographs, except as these records may be | ||
relevant to the requester's current or potential case or | ||
claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda, and other records in which opinions are | ||
expressed, or policies or actions are formulated, except | ||
that a specific record or relevant portion of a record | ||
shall not be exempt when the record is publicly cited and | ||
identified by the head of the public body. The exemption | ||
provided in this paragraph (f) extends to all those | ||
records of officers and agencies of the General Assembly | ||
that pertain to the preparation of legislative documents. | ||
(g) Trade secrets and commercial or financial | ||
information obtained from a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are proprietary, | ||
privileged, or confidential, and that disclosure of the | ||
trade secrets or commercial or financial information would |
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension | ||
fund, from a private equity fund or a privately held | ||
company within the investment portfolio of a private | ||
equity fund as a result of either investing or evaluating | ||
a potential investment of public funds in a private equity | ||
fund. The exemption contained in this item does not apply | ||
to the aggregate financial performance information of a | ||
private equity fund, nor to the identity of the fund's | ||
managers or general partners. The exemption contained in | ||
this item does not apply to the identity of a privately | ||
held company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm. | ||
Nothing contained in this paragraph (g) shall be | ||
construed to prevent a person or business from consenting | ||
to disclosure. | ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including information which if it were | ||
disclosed would frustrate procurement or give an advantage | ||
to any person proposing to enter into a contractor | ||
agreement with the body, until an award or final selection |
is made. Information prepared by or for the body in | ||
preparation of a bid solicitation shall be exempt until an | ||
award or final selection is made. | ||
(i) Valuable formulae, computer geographic systems, | ||
designs, drawings, and research data obtained or produced | ||
by any public body when disclosure could reasonably be | ||
expected to produce private gain or public loss. The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph (i) does not extend to requests made by | ||
news media as defined in Section 2 of this Act when the | ||
requested information is not otherwise exempt and the only | ||
purpose of the request is to access and disseminate | ||
information regarding the health, safety, welfare, or | ||
legal rights of the general public. | ||
(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys, and other | ||
examination data used to administer an academic | ||
examination; | ||
(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would |
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and other construction related technical | ||
documents for projects not constructed or developed in | ||
whole or in part with public funds and the same for | ||
projects constructed or developed with public funds, | ||
including, but not limited to, power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but only to the extent that disclosure would compromise | ||
security. | ||
(l) Minutes of meetings of public bodies closed to the | ||
public as provided in the Open Meetings Act until the | ||
public body makes the minutes available to the public | ||
under Section 2.06 of the Open Meetings Act. | ||
(m) Communications between a public body and an | ||
attorney or auditor representing the public body that | ||
would not be subject to discovery in litigation, and | ||
materials prepared or compiled by or for a public body in | ||
anticipation of a criminal, civil, or administrative | ||
proceeding upon the request of an attorney advising the | ||
public body, and materials prepared or compiled with |
respect to internal audits of public bodies. | ||
(n) Records relating to a public body's adjudication | ||
of employee grievances or disciplinary cases; however, | ||
this exemption shall not extend to the final outcome of | ||
cases in which discipline is imposed. | ||
(o) Administrative or technical information associated | ||
with automated data processing operations, including, but | ||
not limited to, software, operating protocols, computer | ||
program abstracts, file layouts, source listings, object | ||
modules, load modules, user guides, documentation | ||
pertaining to all logical and physical design of | ||
computerized systems, employee manuals, and any other | ||
information that, if disclosed, would jeopardize the | ||
security of the system or its data or the security of | ||
materials exempt under this Section. | ||
(p) Records relating to collective negotiating matters | ||
between public bodies and their employees or | ||
representatives, except that any final contract or | ||
agreement shall be subject to inspection and copying. | ||
(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of | ||
an applicant for a license or employment. | ||
(r) The records, documents, and information relating | ||
to real estate purchase negotiations until those | ||
negotiations have been completed or otherwise terminated. | ||
With regard to a parcel involved in a pending or actually |
and reasonably contemplated eminent domain proceeding | ||
under the Eminent Domain Act, records, documents, and | ||
information relating to that parcel shall be exempt except | ||
as may be allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The records, documents, and | ||
information relating to a real estate sale shall be exempt | ||
until a sale is consummated. | ||
(s) Any and all proprietary information and records | ||
related to the operation of an intergovernmental risk | ||
management association or self-insurance pool or jointly | ||
self-administered health and accident cooperative or pool. | ||
Insurance or self-insurance (including any | ||
intergovernmental risk management association or | ||
self-insurance pool) claims, loss or risk management | ||
information, records, data, advice, or communications. | ||
(t) Information contained in or related to | ||
examination, operating, or condition reports prepared by, | ||
on behalf of, or for the use of a public body responsible | ||
for the regulation or supervision of financial | ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise required by State | ||
law. | ||
(u) Information that would disclose or might lead to | ||
the disclosure of secret or confidential information, | ||
codes, algorithms, programs, or private keys intended to | ||
be used to create electronic signatures under the Uniform |
Electronic Transactions Act. | ||
(v) Vulnerability assessments, security measures, and | ||
response policies or plans that are designed to identify, | ||
prevent, or respond to potential attacks upon a | ||
community's population or systems, facilities, or | ||
installations, but only to the extent that disclosure | ||
could reasonably be expected to expose the vulnerability | ||
or jeopardize the effectiveness of the measures, policies, | ||
or plans, or the safety of the personnel who implement | ||
them or the public. Information exempt under this item may | ||
include such things as details pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the operation of communication systems or protocols, to | ||
cybersecurity vulnerabilities, or to tactical operations. | ||
(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering, treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency. | ||
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power | ||
Agency Act and Section 16-111.5 of the Public Utilities | ||
Act that is determined to be confidential and proprietary | ||
by the Illinois Power Agency or by the Illinois Commerce |
Commission. | ||
(z) Information about students exempted from | ||
disclosure under Section 10-20.38 or 34-18.29 of the | ||
School Code, and information about undergraduate students | ||
enrolled at an institution of higher education exempted | ||
from disclosure under Section 25 of the Illinois Credit | ||
Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is exempted | ||
under the Viatical Settlements Act of 2009. | ||
(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation |
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of | ||
2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to | ||
the Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request | ||
to the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) Records concerning the work of the threat | ||
assessment team of a school district, including, but not | ||
limited to, any threat assessment procedure under the | ||
School Safety Drill Act and any information contained in | ||
the procedure. | ||
(mm) Information prohibited from being disclosed under | ||
subsections (a) and (b) of Section 15 of the Student | ||
Confidential Reporting Act. | ||
(nn) Proprietary information submitted to the | ||
Environmental Protection Agency under the Drug Take-Back | ||
Act. | ||
(oo) Records described in subsection (f) of Section | ||
3-5-1 of the Unified Code of Corrections. | ||
(pp) Any and all information regarding burials, | ||
interments, or entombments of human remains as required to | ||
be reported to the Department of Natural Resources | ||
pursuant either to the Archaeological and Paleontological | ||
Resources Protection Act or the Human Remains Protection | ||
Act. |
(qq) (pp) Reports described in subsection (e) of | ||
Section 16-15 of the Abortion Care Clinical Training | ||
Program Act. | ||
(rr) (pp) Information obtained by a certified local | ||
health department under the Access to Public Health Data | ||
Act. | ||
(ss) (pp) For a request directed to a public body that | ||
is also a HIPAA-covered entity, all information that is | ||
protected health information, including demographic | ||
information, that may be contained within or extracted | ||
from any record held by the public body in compliance with | ||
State and federal medical privacy laws and regulations, | ||
including, but not limited to, the Health Insurance | ||
Portability and Accountability Act and its regulations, 45 | ||
CFR Parts 160 and 164. As used in this paragraph, | ||
"HIPAA-covered entity" has the meaning given to the term | ||
"covered entity" in 45 CFR 160.103 and "protected health | ||
information" has the meaning given to that term in 45 CFR | ||
160.103. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the |
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the availability of records to the | ||
public, except as stated in this Section or otherwise provided | ||
in this Act. | ||
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised | ||
9-7-23.) | ||
(5 ILCS 140/7.5) | ||
(Text of Section before amendment by P.A. 103-472 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. |
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other | ||
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. |
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act (repealed) . This subsection | ||
(n) shall apply until the conclusion of the trial of the | ||
case, even if the prosecution chooses not to pursue the | ||
death penalty prior to trial or sentencing. |
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Department of Transportation under Sections 2705-300 and | ||
2705-616 of the Department of Transportation Law of the | ||
Civil Administrative Code of Illinois, the Regional | ||
Transportation Authority under Section 2.11 of the | ||
Regional Transportation Authority Act, or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act (repealed) . | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act. | ||
(t) (Blank). | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(v-5) Records of the Firearm Owner's Identification | ||
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the Illinois State | ||
Police Act. | ||
(ccc) Records exempt from disclosure under Section | ||
2605-304 of the Illinois State Police Law of the Civil |
Administrative Code of Illinois. | ||
(ddd) Information prohibited from being disclosed | ||
under Section 35 of the Address Confidentiality for | ||
Victims of Domestic Violence, Sexual Assault, Human | ||
Trafficking, or Stalking Act. | ||
(eee) Information prohibited from being disclosed | ||
under subsection (b) of Section 75 of the Domestic | ||
Violence Fatality Review Act. | ||
(fff) Images from cameras under the Expressway Camera | ||
Act. This subsection (fff) is inoperative on and after | ||
July 1, 2025. | ||
(ggg) Information prohibited from disclosure under | ||
paragraph (3) of subsection (a) of Section 14 of the Nurse | ||
Agency Licensing Act. | ||
(hhh) Information submitted to the Illinois State | ||
Police in an affidavit or application for an assault | ||
weapon endorsement, assault weapon attachment endorsement, | ||
.50 caliber rifle endorsement, or .50 caliber cartridge | ||
endorsement under the Firearm Owners Identification Card | ||
Act. | ||
(iii) Data exempt from disclosure under Section 50 of | ||
the School Safety Drill Act. | ||
(jjj) (hhh) Information exempt from disclosure under | ||
Section 30 of the Insurance Data Security Law. | ||
(kkk) (iii) Confidential business information | ||
prohibited from disclosure under Section 45 of the Paint |
Stewardship Act. | ||
(lll) (Reserved). | ||
(mmm) (iii) Information prohibited from being | ||
disclosed under subsection (e) of Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||
revised 1-2-24.) | ||
(Text of Section after amendment by P.A. 103-472 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other |
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act (repealed) . This subsection | ||
(n) shall apply until the conclusion of the trial of the | ||
case, even if the prosecution chooses not to pursue the | ||
death penalty prior to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Department of Transportation under Sections 2705-300 and | ||
2705-616 of the Department of Transportation Law of the | ||
Civil Administrative Code of Illinois, the Regional | ||
Transportation Authority under Section 2.11 of the | ||
Regional Transportation Authority Act, or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act (repealed) . | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act. | ||
(t) (Blank). | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(v-5) Records of the Firearm Owner's Identification | ||
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the Illinois State | ||
Police Act. | ||
(ccc) Records exempt from disclosure under Section | ||
2605-304 of the Illinois State Police Law of the Civil | ||
Administrative Code of Illinois. | ||
(ddd) Information prohibited from being disclosed | ||
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human | ||
Trafficking, or Stalking Act. | ||
(eee) Information prohibited from being disclosed | ||
under subsection (b) of Section 75 of the Domestic | ||
Violence Fatality Review Act. | ||
(fff) Images from cameras under the Expressway Camera | ||
Act. This subsection (fff) is inoperative on and after | ||
July 1, 2025. | ||
(ggg) Information prohibited from disclosure under | ||
paragraph (3) of subsection (a) of Section 14 of the Nurse | ||
Agency Licensing Act. | ||
(hhh) Information submitted to the Illinois State | ||
Police in an affidavit or application for an assault | ||
weapon endorsement, assault weapon attachment endorsement, | ||
.50 caliber rifle endorsement, or .50 caliber cartridge | ||
endorsement under the Firearm Owners Identification Card | ||
Act. | ||
(iii) Data exempt from disclosure under Section 50 of | ||
the School Safety Drill Act. | ||
(jjj) (hhh) Information exempt from disclosure under | ||
Section 30 of the Insurance Data Security Law. | ||
(kkk) (iii) Confidential business information | ||
prohibited from disclosure under Section 45 of the Paint | ||
Stewardship Act. | ||
(lll) (iii) Data exempt from disclosure under Section | ||
2-3.196 of the School Code. |
(mmm) (iii) Information prohibited from being | ||
disclosed under subsection (e) of Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||
103-580, eff. 12-8-23; revised 1-2-24.) | ||
Section 20. The Consular Identification Document Act is | ||
amended by changing Section 10 as follows: | ||
(5 ILCS 230/10) | ||
(Text of Section before amendment by P.A. 103-210 ) | ||
Sec. 10. Acceptance of consular identification document. | ||
(a) When requiring members of the public to provide | ||
identification, each State agency and officer and unit of | ||
local government shall accept a consular identification | ||
document as valid identification of a person. | ||
(b) A consular identification document shall be accepted | ||
for purposes of identification only and does not convey an | ||
independent right to receive benefits of any type. | ||
(c) A consular identification document may not be accepted | ||
as identification for obtaining a driver's license, other than |
a temporary visitor's driver's license, or registering to | ||
vote. | ||
(d) A consular identification document does not establish | ||
or indicate lawful U.S. immigration status and may not be | ||
viewed as valid for that purpose, nor does a consular | ||
identification document establish a foreign national's right | ||
to be in the United States or remain in the United States. | ||
(e) The requirements of subsection (a) do not apply if: | ||
(1) a federal law, regulation, or directive or a | ||
federal court decision requires a State agency or officer | ||
or a unit of local government to obtain different | ||
identification; | ||
(2) a federal law, regulation, or directive preempts | ||
state regulation of identification requirements; or | ||
(3) a State agency or officer or a unit of local | ||
government would be unable to comply with a condition | ||
imposed by a funding source which would cause the State | ||
agency or officer or unit of local government to lose | ||
funds from that source. | ||
(f) Nothing in subsection (a) shall be construed to | ||
prohibit a State agency or officer or a unit of local | ||
government from: | ||
(1) requiring additional information from persons in | ||
order to verify a current address or other facts that | ||
would enable the State agency or officer or unit of local | ||
government to fulfill its responsibilities, except that |
this paragraph (1) does not permit a State agency or | ||
officer or a unit of local government to require | ||
additional information solely in order to establish | ||
identification of the person when the consular | ||
identification document is the form of identification | ||
presented; | ||
(2) requiring fingerprints for identification purposes | ||
under circumstances where the State agency or officer or | ||
unit of local government also requires fingerprints from | ||
persons who have a driver's license or Illinois | ||
Identification Card; or | ||
(3) requiring additional evidence of identification if | ||
the State agency or officer or unit of local government | ||
reasonably believes that: (A) the consular identification | ||
document is forged, fraudulent, or altered; or (B) the | ||
holder does not appear to be the same person on the | ||
consular identification document. | ||
(Source: P.A. 97-1157, eff. 11-28-13.) | ||
(Text of Section after amendment by P.A. 103-210 ) | ||
Sec. 10. Acceptance of consular identification document. | ||
(a) When requiring members of the public to provide | ||
identification, each State agency and officer and unit of | ||
local government shall accept a consular identification | ||
document as valid identification of a person. | ||
(b) A consular identification document shall be accepted |
for purposes of identification only and does not convey an | ||
independent right to receive benefits of any type. | ||
(c) A consular identification document may not be accepted | ||
as identification for obtaining a REAL ID compliant driver's | ||
license, as defined by Section 6-100 of the Illinois Vehicle | ||
Code, or registering to vote. | ||
(d) A consular identification document does not establish | ||
or indicate lawful U.S. immigration status and may not be | ||
viewed as valid for that purpose, nor does a consular | ||
identification document establish a foreign national's right | ||
to be in the United States or remain in the United States. | ||
(e) The requirements of subsection (a) do not apply if: | ||
(1) a federal law, regulation, or directive or a | ||
federal court decision requires a State agency or officer | ||
or a unit of local government to obtain different | ||
identification; | ||
(2) a federal law, regulation, or directive preempts | ||
state regulation of identification requirements; or | ||
(3) a State agency or officer or a unit of local | ||
government would be unable to comply with a condition | ||
imposed by a funding source which would cause the State | ||
agency or officer or unit of local government to lose | ||
funds from that source. | ||
(f) Nothing in subsection (a) shall be construed to | ||
prohibit a State agency or officer or a unit of local | ||
government from: |
(1) requiring additional information from persons in | ||
order to verify a current address or other facts that | ||
would enable the State agency or officer or unit of local | ||
government to fulfill its responsibilities, except that | ||
this paragraph (1) does not permit a State agency or | ||
officer or a unit of local government to require | ||
additional information solely in order to establish | ||
identification of the person when the consular | ||
identification document is the form of identification | ||
presented; | ||
(2) requiring fingerprints for identification purposes | ||
under circumstances where the State agency or officer or | ||
unit of local government also requires fingerprints from | ||
persons who have a driver's license or Illinois | ||
Identification Card; or | ||
(3) requiring additional evidence of identification if | ||
the State agency or officer or unit of local government | ||
reasonably believes that: (A) the consular identification | ||
document is forged, fraudulent, or altered; or (B) the | ||
holder does not appear to be the same person on the | ||
consular identification document. | ||
(Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.) | ||
Section 25. The State Employees Group Insurance Act of | ||
1971 is amended by changing Section 6.11 as follows: |
(5 ILCS 375/6.11) | ||
Sec. 6.11. Required health benefits; Illinois Insurance | ||
Code requirements. The program of health benefits shall | ||
provide the post-mastectomy care benefits required to be | ||
covered by a policy of accident and health insurance under | ||
Section 356t of the Illinois Insurance Code. The program of | ||
health benefits shall provide the coverage required under | ||
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, | ||
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | ||
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, | ||
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60, | ||
and 356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and | ||
356z.70 of the Illinois Insurance Code. The program of health | ||
benefits must comply with Sections 155.22a, 155.37, 355b, | ||
356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois | ||
Insurance Code. The program of health benefits shall provide | ||
the coverage required under Section 356m of the Illinois | ||
Insurance Code and, for the employees of the State Employee | ||
Group Insurance Program only, the coverage as also provided in | ||
Section 6.11B of this Act. The Department of Insurance shall | ||
enforce the requirements of this Section with respect to | ||
Sections 370c and 370c.1 of the Illinois Insurance Code; all | ||
other requirements of this Section shall be enforced by the | ||
Department of Central Management Services. |
Rulemaking authority to implement Public Act 95-1045, 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. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768, | ||
eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||
1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84, | ||
eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; | ||
103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. | ||
8-11-23; revised 8-29-23.) | ||
Section 30. The Seizure and Forfeiture Reporting Act is | ||
amended by changing Section 5 as follows: | ||
(5 ILCS 810/5) | ||
Sec. 5. Applicability. This Act is applicable to property | ||
seized or forfeited under the following provisions of law: | ||
(1) Section 3.23 of the Illinois Food, Drug and | ||
Cosmetic Act; | ||
(2) Section 44.1 of the Environmental Protection Act; | ||
(3) Section 105-55 of the Herptiles-Herps Act; |
(4) Section 1-215 of the Fish and Aquatic Life Code; | ||
(5) Section 1.25 of the Wildlife Code; | ||
(6) Section 17-10.6 of the Criminal Code of 2012 | ||
(financial institution fraud); | ||
(7) Section 28-5 of the Criminal Code of 2012 | ||
(gambling); | ||
(8) Article 29B of the Criminal Code of 2012 (money | ||
laundering); | ||
(9) Article 33G of the Criminal Code of 2012 (Illinois | ||
Street Gang and Racketeer Influenced And Corrupt | ||
Organizations Law); | ||
(10) Article 36 of the Criminal Code of 2012 (seizure | ||
and forfeiture of vessels, vehicles, and aircraft); | ||
(11) Section 47-15 of the Criminal Code of 2012 | ||
(dumping garbage upon real property); | ||
(12) Article 124B of the Code of Criminal Procedure of | ||
1963 (forfeiture); | ||
(13) the Drug Asset Forfeiture Procedure Act; | ||
(14) the Narcotics Profit Forfeiture Act; | ||
(15) the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act; | ||
(16) the Illinois Securities Law of 1953; and | ||
(17) the Archaeological and Paleontological Resources | ||
Protection Act; and | ||
(18) the Human Remains Protection Act ; and . | ||
(19) (17) Section 16 of the Timber Buyers Licensing |
Act. | ||
(Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24; | ||
103-446, eff. 8-4-23; revised 12-12-23.) | ||
Section 32. The First Responders Suicide Prevention Act is | ||
amended by changing Section 40 as follows: | ||
(5 ILCS 840/40) | ||
Sec. 40. Task Force recommendations. | ||
(a) Task Force members shall recommend that agencies and | ||
organizations guarantee access to mental health and wellness | ||
services, including, but not limited to, peer support programs | ||
and providing ongoing education related to the ever-evolving | ||
concept of mental health wellness. These recommendations could | ||
be accomplished by: | ||
(1) Revising agencies' and organizations' employee | ||
assistance programs (EAPs). | ||
(2) Urging health care providers to replace outdated | ||
healthcare plans and include more progressive options | ||
catering to the needs and disproportionate risks | ||
shouldered by our first responders. | ||
(3) Allocating funding or resources for public service | ||
announcements (PSA) and messaging campaigns aimed at | ||
raising awareness of available assistance options. | ||
(4) Encouraging agencies and organizations to attach | ||
lists of all available resources to training manuals and |
continuing education requirements. | ||
(b) Task Force members shall recommend agencies and | ||
organizations sponsor or facilitate first responders with | ||
specialized training in the areas of psychological fitness, | ||
depressive disorders, early detection, and mitigation best | ||
practices. Such trainings could be accomplished by: | ||
(1) Assigning, appointing, or designating one member | ||
of an agency or organization to attend specialized | ||
training(s) sponsored by an accredited agency, | ||
association, or organization recognized in their fields of | ||
study. | ||
(2) Seeking sponsorships or conducting fund-raisers, | ||
to host annual or semiannual on-site visits from qualified | ||
clinicians or physicians to provide early detection | ||
training techniques, or to provide regular access to | ||
mental health professionals. | ||
(3) Requiring a minimum number of hours of disorders | ||
and wellness training be incorporated into reoccurring, | ||
annual or biannual training standards, examinations, and | ||
curriculums, taking into close consideration respective | ||
agency or organization size, frequency, and number of all | ||
current federal and state mandatory examinations and | ||
trainings expected respectively. | ||
(4) Not underestimating the crucial importance of a | ||
balanced diet, sleep, mindfulness-based stress reduction | ||
techniques, moderate and vigorous intensity activities, |
and recreational hobbies, which have been scientifically | ||
proven to play a major role in brain health and mental | ||
wellness. | ||
(c) Task Force members shall recommend that administrators | ||
and leadership personnel solicit training services from | ||
evidence-based, data driven organizations. Organizations with | ||
personnel trained on the analytical review and interpretation | ||
of specific fields related to the nature of first responders' | ||
exploits, such as PTSD, substance abuse, chronic state of | ||
duress. Task Force members shall further recommend funding for | ||
expansion and messaging campaigns of preliminary | ||
self-diagnosing technologies like the one described above. | ||
These objectives could be met by: | ||
(1) Contacting an accredited agency, association, or | ||
organization recognized in the field or fields of specific | ||
study. Unbeknownst to the majority, many of the agencies | ||
and organizations listed above receive grants and | ||
allocations to assist communities with the very issues | ||
being discussed in this Section. | ||
(2) Normalizing help-seeking behaviors for both first | ||
responders and their families through regular messaging | ||
and peer support outreach, beginning with academy | ||
curricula and continuing education throughout individuals' | ||
careers. | ||
(3) Funding and implementing PSA campaigns that | ||
provide clear and concise calls to action about mental |
health and wellness, resiliency, help-seeking, treatment, | ||
and recovery. | ||
(4) Promoting and raising awareness of not-for-profit | ||
organizations currently available to assist individuals in | ||
search of care and treatment. Organizations have intuitive | ||
user-friendly sites, most of which have mobile | ||
applications, so first responders can access at a moment's | ||
notice. However, because of limited funds, these | ||
organizations have a challenging time of getting the word | ||
out there about their existence. | ||
(5) Expanding Family and Medical Leave Act protections | ||
for individuals voluntarily seeking preventative | ||
treatment. | ||
(6) Promoting and ensuring complete patient | ||
confidentiality protections. | ||
(d) Task Force members shall recommend that agencies and | ||
organizations incorporate the following training components | ||
into already existing modules and educational curriculums. | ||
Doing so could be done by: | ||
(1) Bolstering academy and school curricula by | ||
requiring depressive disorder training catered to PTSD, | ||
substance abuse, and early detection techniques training, | ||
taking into close consideration respective agency or | ||
organization size, and the frequency and number of all | ||
current federal and state mandatory examinations and | ||
trainings expected respectively. |
(2) Continuing to allocate or match federal and state | ||
funds to maintain Mobile Training Units (MTUs). | ||
(3) Incorporating a state certificate for peer support | ||
training into already existing exiting statewide | ||
curriculums and mandatory examinations, annual State Fire | ||
Marshal examinations, and physical fitness examinations. | ||
The subject matter of the certificate should have an | ||
emphasis on mental health and wellness, as well as | ||
familiarization with topics ranging from clinical social | ||
work, clinical psychology, clinical behaviorist, and | ||
clinical psychiatry. | ||
(4) Incorporating and performing statewide mental | ||
health check-ins during the same times as already mandated | ||
trainings. These checks are not to be compared or used as | ||
measures of fitness for duty evaluations or structured | ||
psychological examinations. | ||
(5) Recommending comprehensive and evidence-based | ||
training on the importance of preventative measures on the | ||
topics of sleep, nutrition, mindfulness, and physical | ||
movement. | ||
(6) Law enforcement agencies should provide training | ||
on the Firearm Owner's Identification Card Act, including | ||
seeking relief from the Illinois State Police under | ||
Section 10 of the Firearm Owners Identification Card Act | ||
and a FOID card being a continued condition of employment | ||
under Section 7.2 of the Uniform Peace Officers' |
Disciplinary Act. | ||
(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; | ||
revised 1-20-24.) | ||
Section 35. The Election Code is amended by changing | ||
Sections 1A-8, 1A-16.1, and 24B-9.1 as follows: | ||
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) | ||
Sec. 1A-8. The State Board of Elections shall exercise the | ||
following powers and perform the following duties in addition | ||
to any powers or duties otherwise provided for by law: | ||
(1) Assume all duties and responsibilities of the | ||
State Electoral Board and the Secretary of State as | ||
heretofore provided in this Code; | ||
(2) Disseminate information to and consult with | ||
election authorities concerning the conduct of elections | ||
and registration in accordance with the laws of this State | ||
and the laws of the United States; | ||
(3) Furnish to each election authority prior to each | ||
primary and general election and any other election it | ||
deems necessary, a manual of uniform instructions | ||
consistent with the provisions of this Code which shall be | ||
used by election authorities in the preparation of the | ||
official manual of instruction to be used by the judges of | ||
election in any such election. In preparing such manual, | ||
the State Board shall consult with representatives of the |
election authorities throughout the State. The State Board | ||
may provide separate portions of the uniform instructions | ||
applicable to different election jurisdictions which | ||
administer elections under different options provided by | ||
law. The State Board may by regulation require particular | ||
portions of the uniform instructions to be included in any | ||
official manual of instructions published by election | ||
authorities. Any manual of instructions published by any | ||
election authority shall be identical with the manual of | ||
uniform instructions issued by the Board, but may be | ||
adapted by the election authority to accommodate special | ||
or unusual local election problems, provided that all | ||
manuals published by election authorities must be | ||
consistent with the provisions of this Code in all | ||
respects and must receive the approval of the State Board | ||
of Elections prior to publication; provided further that | ||
if the State Board does not approve or disapprove of a | ||
proposed manual within 60 days of its submission, the | ||
manual shall be deemed approved ; . | ||
(4) Prescribe and require the use of such uniform | ||
forms, notices, and other supplies not inconsistent with | ||
the provisions of this Code as it shall deem advisable | ||
which shall be used by election authorities in the conduct | ||
of elections and registrations; | ||
(5) Prepare and certify the form of ballot for any | ||
proposed amendment to the Constitution of the State of |
Illinois, or any referendum to be submitted to the | ||
electors throughout the State or, when required to do so | ||
by law, to the voters of any area or unit of local | ||
government of the State; | ||
(6) Require such statistical reports regarding the | ||
conduct of elections and registration from election | ||
authorities as may be deemed necessary; | ||
(7) Review and inspect procedures and records relating | ||
to conduct of elections and registration as may be deemed | ||
necessary, and to report violations of election laws to | ||
the appropriate State's Attorney or the Attorney General; | ||
(8) Recommend to the General Assembly legislation to | ||
improve the administration of elections and registration; | ||
(9) Adopt, amend or rescind rules and regulations in | ||
the performance of its duties provided that all such rules | ||
and regulations must be consistent with the provisions of | ||
this Article 1A or issued pursuant to authority otherwise | ||
provided by law; | ||
(10) Determine the validity and sufficiency of | ||
petitions filed under Article XIV, Section 3, of the | ||
Constitution of the State of Illinois of 1970; | ||
(11) Maintain in its principal office a research | ||
library that includes, but is not limited to, abstracts of | ||
votes by precinct for general primary elections and | ||
general elections, current precinct maps , and current | ||
precinct poll lists from all election jurisdictions within |
the State. The research library shall be open to the | ||
public during regular business hours. Such abstracts, | ||
maps , and lists shall be preserved as permanent records | ||
and shall be available for examination and copying at a | ||
reasonable cost; | ||
(12) Supervise the administration of the registration | ||
and election laws throughout the State; | ||
(13) Obtain from the Department of Central Management | ||
Services, under Section 405-250 of the Department of | ||
Central Management Services Law (20 ILCS 405/405-250) , | ||
such use of electronic data processing equipment as may be | ||
required to perform the duties of the State Board of | ||
Elections and to provide election-related information to | ||
candidates, public and party officials, interested civic | ||
organizations , and the general public in a timely and | ||
efficient manner; | ||
(14) To take such action as may be necessary or | ||
required to give effect to directions of the national | ||
committee or State central committee of an established | ||
political party under Sections 7-8, 7-11, and 7-14.1 or | ||
such other provisions as may be applicable pertaining to | ||
the selection of delegates and alternate delegates to an | ||
established political party's national nominating | ||
conventions or, notwithstanding any candidate | ||
certification schedule contained within this Code, the | ||
certification of the Presidential and Vice Presidential |
candidate selected by the established political party's | ||
national nominating convention; | ||
(15) To post all early voting sites separated by | ||
election authority and hours of operation on its website | ||
at least 5 business days before the period for early | ||
voting begins; | ||
(16) To post on its website the statewide totals, and | ||
totals separated by each election authority, for each of | ||
the counts received pursuant to Section 1-9.2; and | ||
(17) To post on its website, in a downloadable format, | ||
the information received from each election authority | ||
under Section 1-17. | ||
The Board may by regulation delegate any of its duties or | ||
functions under this Article, except that final determinations | ||
and orders under this Article shall be issued only by the | ||
Board. | ||
The requirement for reporting to the General Assembly | ||
shall be satisfied by filing copies of the report as required | ||
by Section 3.1 of the General Assembly Organization Act, and | ||
filing such additional copies with the State Government Report | ||
Distribution Center for the General Assembly as is required | ||
under paragraph (t) of Section 7 of the State Library Act. | ||
(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18; | ||
100-1148, eff. 12-10-18; revised 4-4-23.) | ||
(10 ILCS 5/1A-16.1) |
(Text of Section before amendment by P.A. 103-210 ) | ||
Sec. 1A-16.1. Automatic voter registration; Secretary of | ||
State. | ||
(a) The Office of the Secretary of State and the State | ||
Board of Elections, pursuant to an interagency contract and | ||
jointly adopted jointly-adopted rules, shall establish an | ||
automatic voter registration program that satisfies the | ||
requirements of this Section and other applicable law. | ||
(b) If an application, an application for renewal, a | ||
change of address form, or a recertification form for a | ||
driver's license, other than a temporary visitor's driver's | ||
license, or a State identification card issued by the Office | ||
of the Secretary of State meets the requirements of the | ||
federal REAL ID Act of 2005, then that application shall serve | ||
as a dual-purpose application. The dual-purpose application | ||
shall: | ||
(1) also serve as an application to register to vote | ||
in Illinois; | ||
(2) allow an applicant to change his or her registered | ||
residence address or name as it appears on the voter | ||
registration rolls; | ||
(3) provide the applicant with an opportunity to | ||
affirmatively decline to register to vote or to change his | ||
or her registered residence address or name by providing a | ||
check box on the application form without requiring the | ||
applicant to state the reason; and |
(4) unless the applicant declines to register to vote | ||
or change his or her registered residence address or name, | ||
require the applicant to attest, by signature under | ||
penalty of perjury as described in subsection (e) of this | ||
Section, to meeting the qualifications to register to vote | ||
in Illinois at his or her residence address as indicated | ||
on his or her driver's license or identification card | ||
dual-purpose application. | ||
(b-5) If an application, an application for renewal, a | ||
change of address form, or a recertification form for a | ||
driver's license, other than a temporary visitor's driver's | ||
license, or a State identification card issued by the Office | ||
of the Secretary of State does not meet the requirements of the | ||
federal REAL ID Act of 2005, then that application shall serve | ||
as a dual-purpose application. The dual-purpose application | ||
shall: | ||
(1) also serve as an application to register to vote | ||
in Illinois; | ||
(2) allow an applicant to change his or her registered | ||
residence address or name as it appears on the voter | ||
registration rolls; and | ||
(3) if the applicant chooses to register to vote or to | ||
change his or her registered residence address or name, | ||
then require the applicant to attest, by a separate | ||
signature under penalty of perjury, to meeting the | ||
qualifications to register to vote in Illinois at his or |
her residence address as indicated on his or her | ||
dual-purpose application. | ||
(b-10) The Office of the Secretary of State shall clearly | ||
and conspicuously inform each applicant in writing: (i) of the | ||
qualifications to register to vote in Illinois, (ii) of the | ||
penalties provided by law for submission of a false voter | ||
registration application, (iii) that, unless the applicant | ||
declines to register to vote or update his or her voter | ||
registration, his or her dual-purpose application shall also | ||
serve as both an application to register to vote and his or her | ||
attestation that he or she meets the eligibility requirements | ||
for voter registration, and that his or her application to | ||
register to vote or update his or her registration will be | ||
transmitted to the State Board of Elections for the purpose of | ||
registering the person to vote at the residence address to be | ||
indicated on his or her driver's license or identification | ||
card, and (iv) that declining to register to vote is | ||
confidential and will not affect any services the person may | ||
be seeking from the Office of the Secretary of State. | ||
(c) The Office of the Secretary of State shall review | ||
information provided to the Office of the Secretary of State | ||
by the State Board of Elections to inform each applicant for a | ||
driver's license or permit, other than a temporary visitor's | ||
driver's license, or a State identification card issued by the | ||
Office of the Secretary of State whether the applicant is | ||
currently registered to vote in Illinois and, if registered, |
at what address. | ||
(d) The Office of the Secretary of State shall not require | ||
an applicant for a driver's license or State identification | ||
card to provide duplicate identification or information in | ||
order to complete an application to register to vote or change | ||
his or her registered residence address or name. Before | ||
transmitting any personal information about an applicant to | ||
the State Board of Elections, the Office of the Secretary of | ||
State shall review its records of the identification documents | ||
the applicant provided in order to complete the application | ||
for a driver's license or State identification card , to | ||
confirm that nothing in those documents indicates that the | ||
applicant does not satisfy the qualifications to register to | ||
vote in Illinois at his or her residence address. | ||
(e) A completed, signed application for (i) a driver's | ||
license or permit, other than a temporary visitor's driver's | ||
license, or a State identification card issued by the Office | ||
of the Secretary of State, that meets the requirements of the | ||
federal REAL ID Act of 2005; or (ii) a completed application | ||
under subsection (b-5) of this Section with a separate | ||
signature attesting the applicant meets the qualifications to | ||
register to vote in Illinois at his or her residence address as | ||
indicated on his or her application shall constitute a signed | ||
application to register to vote in Illinois at the residence | ||
address indicated in the application unless the person | ||
affirmatively declined in the application to register to vote |
or to change his or her registered residence address or name. | ||
If the identification documents provided to complete the | ||
dual-purpose application indicate that he or she does not | ||
satisfy the qualifications to register to vote in Illinois at | ||
his or her residence address, the application shall be marked | ||
as incomplete. | ||
(f) For each completed and signed application that | ||
constitutes an application to register to vote in Illinois or | ||
provides for a change in the applicant's registered residence | ||
address or name, the Office of the Secretary of State shall | ||
electronically transmit to the State Board of Elections | ||
personal information needed to complete the person's | ||
registration to vote in Illinois at his or her residence | ||
address. The application to register to vote shall be | ||
processed in accordance with Section 1A-16.7. | ||
(g) If the federal REAL ID Act of 2005 is repealed, | ||
abrogated, superseded, or otherwise no longer in effect, then | ||
the State Board of Elections shall establish criteria for | ||
determining reliable personal information indicating | ||
citizenship status and shall adopt rules as necessary for the | ||
Secretary of State to continue processing dual-purpose | ||
applications under this Section. | ||
(h) As used in this Section, "dual-purpose application" | ||
means an application, an application for renewal, a change of | ||
address form, or a recertification form for driver's license | ||
or permit, other than a temporary visitor's driver's license, |
or a State identification card offered by the Secretary of | ||
State that also serves as an application to register to vote in | ||
Illinois. "Dual-purpose application" does not mean an | ||
application under subsection (c) of Section 6-109 of the | ||
Illinois Vehicle Code. | ||
(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.) | ||
(Text of Section after amendment by P.A. 103-210 ) | ||
Sec. 1A-16.1. Automatic voter registration; Secretary of | ||
State. | ||
(a) The Office of the Secretary of State and the State | ||
Board of Elections, pursuant to an interagency contract and | ||
jointly adopted jointly-adopted rules, shall establish an | ||
automatic voter registration program that satisfies the | ||
requirements of this Section and other applicable law. | ||
(b) If an application, an application for renewal, a | ||
change of address form, or a recertification form for a | ||
driver's license or a State identification card issued by the | ||
Office of the Secretary of State meets the requirements of the | ||
federal REAL ID Act of 2005, then that application shall serve | ||
as a dual-purpose application. The dual-purpose application | ||
shall: | ||
(1) also serve as an application to register to vote | ||
in Illinois; | ||
(2) allow an applicant to change his or her registered | ||
residence address or name as it appears on the voter |
registration rolls; | ||
(3) provide the applicant with an opportunity to | ||
affirmatively decline to register to vote or to change his | ||
or her registered residence address or name by providing a | ||
check box on the application form without requiring the | ||
applicant to state the reason; and | ||
(4) unless the applicant declines to register to vote | ||
or change his or her registered residence address or name, | ||
require the applicant to attest, by signature under | ||
penalty of perjury as described in subsection (e) of this | ||
Section, to meeting the qualifications to register to vote | ||
in Illinois at his or her residence address as indicated | ||
on his or her driver's license or identification card | ||
dual-purpose application. | ||
(b-5) If an application, an application for renewal, a | ||
change of address form, or a recertification form for a | ||
driver's license or a State identification card issued by the | ||
Office of the Secretary of State, other than an application or | ||
form that pertains to a standard driver's license or | ||
identification card and does not list a social security number | ||
for the applicant, does not meet the requirements of the | ||
federal REAL ID Act of 2005, then that application shall serve | ||
as a dual-purpose application. The dual-purpose application | ||
shall: | ||
(1) also serve as an application to register to vote | ||
in Illinois; |
(2) allow an applicant to change his or her registered | ||
residence address or name as it appears on the voter | ||
registration rolls; and | ||
(3) if the applicant chooses to register to vote or to | ||
change his or her registered residence address or name, | ||
then require the applicant to attest, by a separate | ||
signature under penalty of perjury, to meeting the | ||
qualifications to register to vote in Illinois at his or | ||
her residence address as indicated on his or her | ||
dual-purpose application. | ||
(b-10) The Office of the Secretary of State shall clearly | ||
and conspicuously inform each applicant in writing: (i) of the | ||
qualifications to register to vote in Illinois, (ii) of the | ||
penalties provided by law for submission of a false voter | ||
registration application, (iii) that, unless the applicant | ||
declines to register to vote or update his or her voter | ||
registration, his or her dual-purpose application shall also | ||
serve as both an application to register to vote and his or her | ||
attestation that he or she meets the eligibility requirements | ||
for voter registration, and that his or her application to | ||
register to vote or update his or her registration will be | ||
transmitted to the State Board of Elections for the purpose of | ||
registering the person to vote at the residence address to be | ||
indicated on his or her driver's license or identification | ||
card, and (iv) that declining to register to vote is | ||
confidential and will not affect any services the person may |
be seeking from the Office of the Secretary of State. | ||
(c) The Office of the Secretary of State shall review | ||
information provided to the Office of the Secretary of State | ||
by the State Board of Elections to inform each applicant for a | ||
driver's license or permit or a State identification card | ||
issued by the Office of the Secretary of State, other than an | ||
application or form that pertains to a standard driver's | ||
license or identification card and does not list a social | ||
security number for the applicant, whether the applicant is | ||
currently registered to vote in Illinois and, if registered, | ||
at what address. | ||
(d) The Office of the Secretary of State shall not require | ||
an applicant for a driver's license or State identification | ||
card to provide duplicate identification or information in | ||
order to complete an application to register to vote or change | ||
his or her registered residence address or name. Before | ||
transmitting any personal information about an applicant to | ||
the State Board of Elections, the Office of the Secretary of | ||
State shall review its records of the identification documents | ||
the applicant provided in order to complete the application | ||
for a driver's license or State identification card , to | ||
confirm that nothing in those documents indicates that the | ||
applicant does not satisfy the qualifications to register to | ||
vote in Illinois at his or her residence address. | ||
(e) A completed, signed application for (i) a driver's | ||
license or permit or a State identification card issued by the |
Office of the Secretary of State, that meets the requirements | ||
of the federal REAL ID Act of 2005; or (ii) a completed | ||
application under subsection (b-5) of this Section with a | ||
separate signature attesting the applicant meets the | ||
qualifications to register to vote in Illinois at his or her | ||
residence address as indicated on his or her application shall | ||
constitute a signed application to register to vote in | ||
Illinois at the residence address indicated in the application | ||
unless the person affirmatively declined in the application to | ||
register to vote or to change his or her registered residence | ||
address or name. If the identification documents provided to | ||
complete the dual-purpose application indicate that he or she | ||
does not satisfy the qualifications to register to vote in | ||
Illinois at his or her residence address, the application | ||
shall be marked as incomplete. | ||
(f) For each completed and signed application that | ||
constitutes an application to register to vote in Illinois or | ||
provides for a change in the applicant's registered residence | ||
address or name, the Office of the Secretary of State shall | ||
electronically transmit to the State Board of Elections | ||
personal information needed to complete the person's | ||
registration to vote in Illinois at his or her residence | ||
address. The application to register to vote shall be | ||
processed in accordance with Section 1A-16.7. | ||
(g) If the federal REAL ID Act of 2005 is repealed, | ||
abrogated, superseded, or otherwise no longer in effect, then |
the State Board of Elections shall establish criteria for | ||
determining reliable personal information indicating | ||
citizenship status and shall adopt rules as necessary for the | ||
Secretary of State to continue processing dual-purpose | ||
applications under this Section. | ||
(h) As used in this Section, "dual-purpose application" | ||
means an application, an application for renewal, a change of | ||
address form, or a recertification form for driver's license | ||
or permit or a State identification card offered by the | ||
Secretary of State, other than an application or form that | ||
pertains to a standard driver's license or identification card | ||
and does not list a social security number for the applicant, | ||
that also serves as an application to register to vote in | ||
Illinois. "Dual-purpose application" does not mean an | ||
application under subsection (c) of Section 6-109 of the | ||
Illinois Vehicle Code. | ||
(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.) | ||
(10 ILCS 5/24B-9.1) | ||
Sec. 24B-9.1. Examination of votes Votes by electronic | ||
Electronic Precinct Tabulation Optical Scan Technology | ||
Scanning Process or other authorized electronic process; | ||
definition of a vote. | ||
(a) Examination of Votes by Electronic Precinct Tabulation | ||
Optical Scan Technology Scanning Process. Whenever a Precinct | ||
Tabulation Optical Scan Technology process is used to |
automatically examine and count the votes on ballot sheets, | ||
the provisions of this Section shall apply. A voter shall cast | ||
a proper vote on a ballot sheet by making a mark, or causing a | ||
mark to be made, in the designated area for the casting of a | ||
vote for any party or candidate or for or against any | ||
proposition. For this purpose, a mark is an intentional | ||
darkening of the designated area on the ballot, and not an | ||
identifying mark. | ||
(b) For any ballot sheet that does not register a vote for | ||
one or more ballot positions on the ballot sheet on an | ||
electronic a Electronic Precinct Tabulation Optical Scan | ||
Technology Scanning Process, the following shall constitute a | ||
vote on the ballot sheet: | ||
(1) the designated area for casting a vote for a | ||
particular ballot position on the ballot sheet is fully | ||
darkened or shaded in; | ||
(2) the designated area for casting a vote for a | ||
particular ballot position on the ballot sheet is | ||
partially darkened or shaded in; | ||
(3) the designated area for casting a vote for a | ||
particular ballot position on the ballot sheet contains a | ||
dot or ".", a check, or a plus or "+"; | ||
(4) the designated area for casting a vote for a | ||
particular ballot position on the ballot sheet contains | ||
some other type of mark that indicates the clearly | ||
ascertainable intent of the voter to vote based on the |
totality of the circumstances, including , but not limited | ||
to , any pattern or frequency of marks on other ballot | ||
positions from the same ballot sheet; or | ||
(5) the designated area for casting a vote for a | ||
particular ballot position on the ballot sheet is not | ||
marked, but the ballot sheet contains other markings | ||
associated with a particular ballot position, such as | ||
circling a candidate's name, that indicates the clearly | ||
ascertainable intent of the voter to vote, based on the | ||
totality of the circumstances, including , but not limited | ||
to, any pattern or frequency of markings on other ballot | ||
positions from the same ballot sheet. | ||
(c) For other electronic voting systems that use a | ||
computer as the marking device to mark a ballot sheet, the bar | ||
code found on the ballot sheet shall constitute the votes | ||
found on the ballot. If, however, the county clerk or board of | ||
election commissioners determines that the votes represented | ||
by the tally on the bar code for one or more ballot positions | ||
is inconsistent with the votes represented by numerical ballot | ||
positions identified on the ballot sheet produced using a | ||
computer as the marking device, then the numerical ballot | ||
positions identified on the ballot sheet shall constitute the | ||
votes for purposes of any official canvass or recount | ||
proceeding. An electronic voting system that uses a computer | ||
as the marking device to mark a ballot sheet shall be capable | ||
of producing a ballot sheet that contains all numerical ballot |
positions selected by the voter , and provides a place for the | ||
voter to cast a write-in vote for a candidate for a particular | ||
numerical ballot position. | ||
(d) The election authority shall provide an envelope, | ||
sleeve , or other device to each voter so the voter can deliver | ||
the voted ballot sheet to the counting equipment and ballot | ||
box without the votes indicated on the ballot sheet being | ||
visible to other persons in the polling place. | ||
(Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.) | ||
Section 40. The Illinois Identification Card Act is | ||
amended by changing Sections 1A and 4 as follows: | ||
(15 ILCS 335/1A) | ||
(Text of Section before amendment by P.A. 103-210 ) | ||
Sec. 1A. Definitions. As used in this Act: | ||
"Highly restricted personal information" means an | ||
individual's photograph, signature, social security number, | ||
and medical or disability information. | ||
"Identification card making implement" means any material, | ||
hardware, or software that is specifically designed for or | ||
primarily used in the manufacture, assembly, issuance, or | ||
authentication of an official identification card issued by | ||
the Secretary of State. | ||
"Fraudulent identification card" means any identification | ||
card that purports to be an official identification card for |
which a computerized number and file have not been created by | ||
the Secretary of State, the United States Government or any | ||
state or political subdivision thereof, or any governmental or | ||
quasi-governmental organization. For the purpose of this Act, | ||
any identification card that resembles an official | ||
identification card in either size, color, photograph | ||
location, or design or uses the word "official", "state", | ||
"Illinois", or the name of any other state or political | ||
subdivision thereof, or any governmental or quasi-governmental | ||
organization individually or in any combination thereof to | ||
describe or modify the term "identification card" or "I.D. | ||
card" anywhere on the card, or uses a shape in the likeness of | ||
Illinois or any other state on the photograph side of the card, | ||
is deemed to be a fraudulent identification card unless the | ||
words "This is not an official Identification Card", appear | ||
prominently upon it in black colored lettering in 12-point | ||
type on the photograph side of the card, and no such card shall | ||
be smaller in size than 3 inches by 4 inches, and the | ||
photograph shall be on the left side of the card only. | ||
"Legal name" means the full given name and surname of an | ||
individual as recorded at birth, recorded at marriage, or | ||
deemed as the correct legal name for use in reporting income by | ||
the Social Security Administration or the name as otherwise | ||
established through legal action that appears on the | ||
associated official document presented to the Secretary of | ||
State. |
"Personally identifying information" means information | ||
that identifies an individual, including his or her | ||
identification card number, name, address (but not the 5-digit | ||
zip code), date of birth, height, weight, hair color, eye | ||
color, email address, and telephone number. | ||
"Homeless person" or "homeless individual" has the same | ||
meaning as defined by the federal McKinney-Vento Homeless | ||
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||
"Youth for whom the Department of Children and Family | ||
Services is legally responsible" or "foster child" means a | ||
child or youth whose guardianship or custody has been accepted | ||
by the Department of Children and Family Services pursuant to | ||
the Juvenile Court Act of 1987, the Children and Family | ||
Services Act, the Abused and Neglected Child Reporting Act, | ||
and the Adoption Act. This applies to children for whom the | ||
Department of Children and Family Services has temporary | ||
protective custody, custody or guardianship via court order, | ||
or children whose parents have signed an adoptive surrender or | ||
voluntary placement agreement with the Department. | ||
"REAL ID compliant identification card" means a standard | ||
Illinois Identification Card or Illinois Person with a | ||
Disability Identification Card issued in compliance with the | ||
REAL ID Act and implementing regulations. REAL ID compliant | ||
identification cards shall bear a security marking approved by | ||
the United States Department of Homeland Security. | ||
"Non-compliant identification card" means a standard |
Illinois Identification Card or Illinois Person with a | ||
Disability Identification Card issued in a manner which is not | ||
compliant with the REAL ID Act and implementing regulations. | ||
Non-compliant identification cards shall be marked "Not for | ||
Federal Identification" and shall have a color or design | ||
different from the REAL ID compliant identification card. | ||
"Limited Term REAL ID compliant identification card" means | ||
a REAL ID compliant identification card issued to a person who | ||
is persons who are not a permanent resident residents or | ||
citizen citizens of the United States , and marked "Limited | ||
Term" on the face of the card. | ||
(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17; | ||
101-326, eff. 8-9-19; revised 9-20-23.) | ||
(Text of Section after amendment by P.A. 103-210 ) | ||
Sec. 1A. Definitions. As used in this Act: | ||
"Highly restricted personal information" means an | ||
individual's photograph, signature, social security number, | ||
and medical or disability information. | ||
"Identification card making implement" means any material, | ||
hardware, or software that is specifically designed for or | ||
primarily used in the manufacture, assembly, issuance, or | ||
authentication of an official identification card issued by | ||
the Secretary of State. | ||
"Fraudulent identification card" means any identification | ||
card that purports to be an official identification card for |
which a computerized number and file have not been created by | ||
the Secretary of State, the United States Government or any | ||
state or political subdivision thereof, or any governmental or | ||
quasi-governmental organization. For the purpose of this Act, | ||
any identification card that resembles an official | ||
identification card in either size, color, photograph | ||
location, or design or uses the word "official", "state", | ||
"Illinois", or the name of any other state or political | ||
subdivision thereof, or any governmental or quasi-governmental | ||
organization individually or in any combination thereof to | ||
describe or modify the term "identification card" or "I.D. | ||
card" anywhere on the card, or uses a shape in the likeness of | ||
Illinois or any other state on the photograph side of the card, | ||
is deemed to be a fraudulent identification card unless the | ||
words "This is not an official Identification Card", appear | ||
prominently upon it in black colored lettering in 12-point | ||
type on the photograph side of the card, and no such card shall | ||
be smaller in size than 3 inches by 4 inches, and the | ||
photograph shall be on the left side of the card only. | ||
"Legal name" means the full given name and surname of an | ||
individual as recorded at birth, recorded at marriage, or | ||
deemed as the correct legal name for use in reporting income by | ||
the Social Security Administration or the name as otherwise | ||
established through legal action that appears on the | ||
associated official document presented to the Secretary of | ||
State. |
"Personally identifying information" means information | ||
that identifies an individual, including his or her | ||
identification card number, name, address (but not the 5-digit | ||
zip code), date of birth, height, weight, hair color, eye | ||
color, email address, and telephone number. | ||
"Homeless person" or "homeless individual" has the same | ||
meaning as defined by the federal McKinney-Vento Homeless | ||
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2). | ||
"Youth for whom the Department of Children and Family | ||
Services is legally responsible" or "foster child" means a | ||
child or youth whose guardianship or custody has been accepted | ||
by the Department of Children and Family Services pursuant to | ||
the Juvenile Court Act of 1987, the Children and Family | ||
Services Act, the Abused and Neglected Child Reporting Act, | ||
and the Adoption Act. This applies to children for whom the | ||
Department of Children and Family Services has temporary | ||
protective custody, custody or guardianship via court order, | ||
or children whose parents have signed an adoptive surrender or | ||
voluntary placement agreement with the Department. | ||
"REAL ID compliant identification card" means a standard | ||
Illinois Identification Card or Illinois Person with a | ||
Disability Identification Card issued in compliance with the | ||
REAL ID Act and implementing regulations. REAL ID compliant | ||
identification cards shall bear a security marking approved by | ||
the United States Department of Homeland Security. | ||
"Standard identification card" means a standard Illinois |
Identification Card or Illinois Person with a Disability | ||
Identification Card issued in a manner which is not compliant | ||
with the REAL ID Act and implementing regulations. Standard | ||
identification cards shall be marked "Federal Limits Apply" | ||
and shall have a color or design different from the REAL ID | ||
compliant identification card. | ||
"Limited Term REAL ID compliant identification card" means | ||
a REAL ID compliant identification card that is issued to a | ||
person who is persons who are not a permanent resident | ||
residents or citizen citizens of the United States , or an | ||
individual who has an approved application for asylum in the | ||
United States or has entered the United States in refugee | ||
status , and is marked "Limited Term" on the face of the card. | ||
(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.) | ||
(15 ILCS 335/4) | ||
(Text of Section before amendment by P.A. 103-210 ) | ||
Sec. 4. Identification card. | ||
(a) The Secretary of State shall issue a standard Illinois | ||
Identification Card to any natural person who is a resident of | ||
the State of Illinois who applies for such card, or renewal | ||
thereof. No identification card shall be issued to any person | ||
who holds a valid foreign state identification card, license, | ||
or permit unless the person first surrenders to the Secretary | ||
of State the valid foreign state identification card, license, | ||
or permit. The card shall be prepared and supplied by the |
Secretary of State and shall include a photograph and | ||
signature or mark of the applicant. However, the Secretary of | ||
State may provide by rule for the issuance of Illinois | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. The Illinois | ||
Identification Card may be used for identification purposes in | ||
any lawful situation only by the person to whom it was issued. | ||
As used in this Act, "photograph" means any color photograph | ||
or digitally produced and captured image of an applicant for | ||
an identification card. As used in this Act, "signature" means | ||
the name of a person as written by that person and captured in | ||
a manner acceptable to the Secretary of State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision. | ||
(a-10) If the applicant is a judicial officer as defined | ||
in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's | ||
residence or mailing address. The Secretary may promulgate | ||
rules to implement this provision. For the purposes of this |
subsection (a-10), "peace officer" means any person who by | ||
virtue of his or her office or public employment is vested by | ||
law with a duty to maintain public order or to make arrests for | ||
a violation of any penal statute of this State, whether that | ||
duty extends to all violations or is limited to specific | ||
violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. | ||
The Secretary shall charge an additional fee for the expedited | ||
issuance of an Illinois Identification Card, to be set by | ||
rule, not to exceed $75. All fees collected by the Secretary | ||
for expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification | ||
Card. If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person committed to the | ||
Department of Corrections or Department of Juvenile Justice | ||
upon receipt of the person's birth certificate, social | ||
security card, photograph, proof of residency upon discharge, |
and an identification card application transferred via a | ||
secure method as agreed upon by the Secretary and the | ||
Department of Corrections or Department of Juvenile Justice. | ||
Illinois residency shall be established by submission of a | ||
Secretary of State prescribed Identification Card verification | ||
form completed by the respective Department. | ||
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed | ||
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, | ||
if the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card or other | ||
documents authorized by the Secretary, but does present a | ||
Secretary of State prescribed Identification Card verification | ||
form completed by the Department of Corrections or Department | ||
of Juvenile Justice, verifying the released person's date of | ||
birth, social security number, and his or her Illinois | ||
residence address. The verification form must have been | ||
completed no more than 30 days prior to the date of application | ||
for the Illinois Identification Card. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security | ||
card or other documents authorized by the Secretary, a |
standard Illinois Identification Card shall be issued. A | ||
limited-term Illinois Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person upon conditional | ||
release or absolute discharge from the custody of the | ||
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social | ||
security card, or other documents authorized by the Secretary, | ||
and a document proving his or her Illinois residence address. | ||
The Secretary of State shall issue a standard Illinois | ||
Identification Card to a person prior to his or her | ||
conditional release or absolute discharge if personnel from | ||
the Department of Human Services bring the person to a | ||
Secretary of State location with the required documents. | ||
Documents proving residence address may include any official | ||
document of the Department of Human Services showing the | ||
person's address after release and a Secretary of State | ||
prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person | ||
upon conditional release or absolute discharge from the | ||
custody of the Department of Human Services, if the person is | ||
unable to present a certified copy of his or her birth | ||
certificate and social security card or other documents | ||
authorized by the Secretary, but does present a Secretary of |
State prescribed verification form completed by the Department | ||
of Human Services, verifying the person's date of birth and | ||
social security number, and a document proving his or her | ||
Illinois residence address. The verification form must have | ||
been completed no more than 30 days prior to the date of | ||
application for the Illinois Identification Card. The | ||
Secretary of State shall issue a limited-term Illinois | ||
Identification Card to a person no sooner than 14 days prior to | ||
his or her conditional release or absolute discharge if | ||
personnel from the Department of Human Services bring the | ||
person to a Secretary of State location with the required | ||
documents. Documents proving residence address shall include | ||
any official document of the Department of Human Services | ||
showing the person's address after release and a Secretary of | ||
State prescribed verification form, which may be executed by | ||
personnel of the Department of Human Services. | ||
(b) The Secretary of State shall issue a special Illinois | ||
Identification Card, which shall be known as an Illinois | ||
Person with a Disability Identification Card, to any natural | ||
person who is a resident of the State of Illinois, who is a | ||
person with a disability as defined in Section 4A of this Act, | ||
who applies for such card, or renewal thereof. No Illinois | ||
Person with a Disability Identification Card shall be issued | ||
to any person who holds a valid foreign state identification | ||
card, license, or permit unless the person first surrenders to | ||
the Secretary of State the valid foreign state identification |
card, license, or permit. The Secretary of State shall charge | ||
no fee to issue such card. The card shall be prepared and | ||
supplied by the Secretary of State, and shall include a | ||
photograph and signature or mark of the applicant, a | ||
designation indicating that the card is an Illinois Person | ||
with a Disability Identification Card, and shall include a | ||
comprehensible designation of the type and classification of | ||
the applicant's disability as set out in Section 4A of this | ||
Act. However, the Secretary of State may provide by rule for | ||
the issuance of Illinois Person with a Disability | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. If the applicant so | ||
requests, the card shall include a description of the | ||
applicant's disability and any information about the | ||
applicant's disability or medical history which the Secretary | ||
determines would be helpful to the applicant in securing | ||
emergency medical care. If a mark is used in lieu of a | ||
signature, such mark shall be affixed to the card in the | ||
presence of two witnesses who attest to the authenticity of | ||
the mark. The Illinois Person with a Disability Identification | ||
Card may be used for identification purposes in any lawful | ||
situation by the person to whom it was issued. | ||
The Illinois Person with a Disability Identification Card | ||
may be used as adequate documentation of disability in lieu of | ||
a physician's determination of disability, a determination of |
disability from a physician assistant, a determination of | ||
disability from an advanced practice registered nurse, or any | ||
other documentation of disability whenever any State law | ||
requires that a person with a disability provide such | ||
documentation of disability, however an Illinois Person with a | ||
Disability Identification Card shall not qualify the | ||
cardholder to participate in any program or to receive any | ||
benefit which is not available to all persons with like | ||
disabilities. Notwithstanding any other provisions of law, an | ||
Illinois Person with a Disability Identification Card, or | ||
evidence that the Secretary of State has issued an Illinois | ||
Person with a Disability Identification Card, shall not be | ||
used by any person other than the person named on such card to | ||
prove that the person named on such card is a person with a | ||
disability or for any other purpose unless the card is used for | ||
the benefit of the person named on such card, and the person | ||
named on such card consents to such use at the time the card is | ||
so used. | ||
An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation | ||
for the purpose of issuing an Illinois Person with a | ||
Disability Identification Card. | ||
When medical information is contained on an Illinois | ||
Person with a Disability Identification Card, the Office of | ||
the Secretary of State shall not be liable for any actions | ||
taken based upon that medical information. |
(c) The Secretary of State shall provide that each | ||
original or renewal Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card issued to a | ||
person under the age of 21 shall be of a distinct nature from | ||
those Illinois Identification Cards or Illinois Person with a | ||
Disability Identification Cards issued to individuals 21 years | ||
of age or older. The color designated for Illinois | ||
Identification Cards or Illinois Person with a Disability | ||
Identification Cards for persons under the age of 21 shall be | ||
at the discretion of the Secretary of State. | ||
(c-1) Each original or renewal Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to a person under the age of 21 shall display the date | ||
upon which the person becomes 18 years of age and the date upon | ||
which the person becomes 21 years of age. | ||
(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State | ||
in identifying these veterans and delivering these vital | ||
services and benefits, the Secretary of State is authorized to | ||
issue Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may |
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is | ||
unrelated to the purpose of the identification card. | ||
(c-5) Beginning on or before July 1, 2015, the Secretary | ||
of State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, | ||
the word "veteran" shall be placed. The veteran designation | ||
shall be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen | ||
discount card, to any natural person who is a resident of the | ||
State of Illinois who is 60 years of age or older and who | ||
applies for such a card or renewal thereof. The Secretary of | ||
State shall charge no fee to issue such card. The card shall be | ||
issued in every county and applications shall be made | ||
available at, but not limited to, nutrition sites, senior | ||
citizen centers and Area Agencies on Aging. The applicant, | ||
upon receipt of such card and prior to its use for any purpose, | ||
shall have affixed thereon in the space provided therefor his | ||
signature or mark. | ||
(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the |
Secretary of State, of uniform size as the Secretary may | ||
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card. | ||
(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.) | ||
(Text of Section after amendment by P.A. 103-210 ) | ||
Sec. 4. Identification card. | ||
(a) The Secretary of State shall issue a standard Illinois | ||
Identification Card to any natural person who is a resident of | ||
the State of Illinois who applies for such card, or renewal | ||
thereof. No identification card shall be issued to any person | ||
who holds a valid foreign state identification card, license, | ||
or permit unless the person first surrenders to the Secretary | ||
of State the valid foreign state identification card, license, | ||
or permit. The card shall be prepared and supplied by the | ||
Secretary of State and shall include a photograph and | ||
signature or mark of the applicant. However, the Secretary of | ||
State may provide by rule for the issuance of Illinois | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. The Illinois | ||
Identification Card may be used for identification purposes in | ||
any lawful situation only by the person to whom it was issued. | ||
As used in this Act, "photograph" means any color photograph | ||
or digitally produced and captured image of an applicant for |
an identification card. As used in this Act, "signature" means | ||
the name of a person as written by that person and captured in | ||
a manner acceptable to the Secretary of State. | ||
(a-5) If an applicant for an identification card has a | ||
current driver's license or instruction permit issued by the | ||
Secretary of State, the Secretary may require the applicant to | ||
utilize the same residence address and name on the | ||
identification card, driver's license, and instruction permit | ||
records maintained by the Secretary. The Secretary may | ||
promulgate rules to implement this provision. | ||
(a-10) If the applicant is a judicial officer as defined | ||
in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||
the applicant may elect to have his or her office or work | ||
address listed on the card instead of the applicant's | ||
residence or mailing address. The Secretary may promulgate | ||
rules to implement this provision. For the purposes of this | ||
subsection (a-10), "peace officer" means any person who by | ||
virtue of his or her office or public employment is vested by | ||
law with a duty to maintain public order or to make arrests for | ||
a violation of any penal statute of this State, whether that | ||
duty extends to all violations or is limited to specific | ||
violations. | ||
(a-15) The Secretary of State may provide for an expedited | ||
process for the issuance of an Illinois Identification Card. | ||
The Secretary shall charge an additional fee for the expedited | ||
issuance of an Illinois Identification Card, to be set by |
rule, not to exceed $75. All fees collected by the Secretary | ||
for expedited Illinois Identification Card service shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
The Secretary may adopt rules regarding the eligibility, | ||
process, and fee for an expedited Illinois Identification | ||
Card. If the Secretary of State determines that the volume of | ||
expedited identification card requests received on a given day | ||
exceeds the ability of the Secretary to process those requests | ||
in an expedited manner, the Secretary may decline to provide | ||
expedited services, and the additional fee for the expedited | ||
service shall be refunded to the applicant. | ||
(a-20) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person committed to the | ||
Department of Corrections or Department of Juvenile Justice | ||
upon receipt of the person's birth certificate, social | ||
security card, if the person has a social security number, | ||
photograph, proof of residency upon discharge, and an | ||
identification card application transferred via a secure | ||
method as agreed upon by the Secretary and the Department of | ||
Corrections or Department of Juvenile Justice , if the person | ||
has a social security number, . Illinois residency shall be | ||
established by submission of a Secretary of State prescribed | ||
Identification Card verification form completed by the | ||
respective Department. | ||
(a-25) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a committed |
person upon release on parole, mandatory supervised release, | ||
aftercare release, final discharge, or pardon from the | ||
Department of Corrections or Department of Juvenile Justice, | ||
if the released person is unable to present a certified copy of | ||
his or her birth certificate and social security card, if the | ||
person has a social security number, or other documents | ||
authorized by the Secretary, but does present a Secretary of | ||
State prescribed Identification Card verification form | ||
completed by the Department of Corrections or Department of | ||
Juvenile Justice, verifying the released person's date of | ||
birth, social security number, if the person has a social | ||
security number, and his or her Illinois residence address. | ||
The verification form must have been completed no more than 30 | ||
days prior to the date of application for the Illinois | ||
Identification Card. | ||
Prior to the expiration of the 90-day period of the | ||
limited-term Illinois Identification Card, if the released | ||
person submits to the Secretary of State a certified copy of | ||
his or her birth certificate and his or her social security | ||
card, if the person has a social security number, or other | ||
documents authorized by the Secretary, a standard Illinois | ||
Identification Card shall be issued. A limited-term Illinois | ||
Identification Card may not be renewed. | ||
(a-30) The Secretary of State shall issue a standard | ||
Illinois Identification Card to a person upon conditional | ||
release or absolute discharge from the custody of the |
Department of Human Services, if the person presents a | ||
certified copy of his or her birth certificate, social | ||
security card, if the person has a social security number, or | ||
other documents authorized by the Secretary, and a document | ||
proving his or her Illinois residence address. The Secretary | ||
of State shall issue a standard Illinois Identification Card | ||
to a person prior to his or her conditional release or absolute | ||
discharge if personnel from the Department of Human Services | ||
bring the person to a Secretary of State location with the | ||
required documents. Documents proving residence address may | ||
include any official document of the Department of Human | ||
Services showing the person's address after release and a | ||
Secretary of State prescribed verification form, which may be | ||
executed by personnel of the Department of Human Services. | ||
(a-35) The Secretary of State shall issue a limited-term | ||
Illinois Identification Card valid for 90 days to a person | ||
upon conditional release or absolute discharge from the | ||
custody of the Department of Human Services, if the person is | ||
unable to present a certified copy of his or her birth | ||
certificate and social security card, if the person has a | ||
social security number, or other documents authorized by the | ||
Secretary, but does present a Secretary of State prescribed | ||
verification form completed by the Department of Human | ||
Services, verifying the person's date of birth and social | ||
security number, if the person has a social security number, | ||
and a document proving his or her Illinois residence address. |
The verification form must have been completed no more than 30 | ||
days prior to the date of application for the Illinois | ||
Identification Card. The Secretary of State shall issue a | ||
limited-term Illinois Identification Card to a person no | ||
sooner than 14 days prior to his or her conditional release or | ||
absolute discharge if personnel from the Department of Human | ||
Services bring the person to a Secretary of State location | ||
with the required documents. Documents proving residence | ||
address shall include any official document of the Department | ||
of Human Services showing the person's address after release | ||
and a Secretary of State prescribed verification form, which | ||
may be executed by personnel of the Department of Human | ||
Services. | ||
(b) The Secretary of State shall issue a special Illinois | ||
Identification Card, which shall be known as an Illinois | ||
Person with a Disability Identification Card, to any natural | ||
person who is a resident of the State of Illinois, who is a | ||
person with a disability as defined in Section 4A of this Act, | ||
who applies for such card, or renewal thereof. No Illinois | ||
Person with a Disability Identification Card shall be issued | ||
to any person who holds a valid foreign state identification | ||
card, license, or permit unless the person first surrenders to | ||
the Secretary of State the valid foreign state identification | ||
card, license, or permit. The Secretary of State shall charge | ||
no fee to issue such card. The card shall be prepared and | ||
supplied by the Secretary of State, and shall include a |
photograph and signature or mark of the applicant, a | ||
designation indicating that the card is an Illinois Person | ||
with a Disability Identification Card, and shall include a | ||
comprehensible designation of the type and classification of | ||
the applicant's disability as set out in Section 4A of this | ||
Act. However, the Secretary of State may provide by rule for | ||
the issuance of Illinois Person with a Disability | ||
Identification Cards without photographs if the applicant has | ||
a bona fide religious objection to being photographed or to | ||
the display of his or her photograph. If the applicant so | ||
requests, the card shall include a description of the | ||
applicant's disability and any information about the | ||
applicant's disability or medical history which the Secretary | ||
determines would be helpful to the applicant in securing | ||
emergency medical care. If a mark is used in lieu of a | ||
signature, such mark shall be affixed to the card in the | ||
presence of two witnesses who attest to the authenticity of | ||
the mark. The Illinois Person with a Disability Identification | ||
Card may be used for identification purposes in any lawful | ||
situation by the person to whom it was issued. | ||
The Illinois Person with a Disability Identification Card | ||
may be used as adequate documentation of disability in lieu of | ||
a physician's determination of disability, a determination of | ||
disability from a physician assistant, a determination of | ||
disability from an advanced practice registered nurse, or any | ||
other documentation of disability whenever any State law |
requires that a person with a disability provide such | ||
documentation of disability, however an Illinois Person with a | ||
Disability Identification Card shall not qualify the | ||
cardholder to participate in any program or to receive any | ||
benefit which is not available to all persons with like | ||
disabilities. Notwithstanding any other provisions of law, an | ||
Illinois Person with a Disability Identification Card, or | ||
evidence that the Secretary of State has issued an Illinois | ||
Person with a Disability Identification Card, shall not be | ||
used by any person other than the person named on such card to | ||
prove that the person named on such card is a person with a | ||
disability or for any other purpose unless the card is used for | ||
the benefit of the person named on such card, and the person | ||
named on such card consents to such use at the time the card is | ||
so used. | ||
An optometrist's determination of a visual disability | ||
under Section 4A of this Act is acceptable as documentation | ||
for the purpose of issuing an Illinois Person with a | ||
Disability Identification Card. | ||
When medical information is contained on an Illinois | ||
Person with a Disability Identification Card, the Office of | ||
the Secretary of State shall not be liable for any actions | ||
taken based upon that medical information. | ||
(c) The Secretary of State shall provide that each | ||
original or renewal Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card issued to a |
person under the age of 21 shall be of a distinct nature from | ||
those Illinois Identification Cards or Illinois Person with a | ||
Disability Identification Cards issued to individuals 21 years | ||
of age or older. The color designated for Illinois | ||
Identification Cards or Illinois Person with a Disability | ||
Identification Cards for persons under the age of 21 shall be | ||
at the discretion of the Secretary of State. | ||
(c-1) Each original or renewal Illinois Identification | ||
Card or Illinois Person with a Disability Identification Card | ||
issued to a person under the age of 21 shall display the date | ||
upon which the person becomes 18 years of age and the date upon | ||
which the person becomes 21 years of age. | ||
(c-3) The General Assembly recognizes the need to identify | ||
military veterans living in this State for the purpose of | ||
ensuring that they receive all of the services and benefits to | ||
which they are legally entitled, including healthcare, | ||
education assistance, and job placement. To assist the State | ||
in identifying these veterans and delivering these vital | ||
services and benefits, the Secretary of State is authorized to | ||
issue Illinois Identification Cards and Illinois Person with a | ||
Disability Identification Cards with the word "veteran" | ||
appearing on the face of the cards. This authorization is | ||
predicated on the unique status of veterans. The Secretary may | ||
not issue any other identification card which identifies an | ||
occupation, status, affiliation, hobby, or other unique | ||
characteristics of the identification card holder which is |
unrelated to the purpose of the identification card. | ||
(c-5) Beginning on or before July 1, 2015, the Secretary | ||
of State shall designate a space on each original or renewal | ||
identification card where, at the request of the applicant, | ||
the word "veteran" shall be placed. The veteran designation | ||
shall be available to a person identified as a veteran under | ||
subsection (b) of Section 5 of this Act who was discharged or | ||
separated under honorable conditions. | ||
(d) The Secretary of State may issue a Senior Citizen | ||
discount card, to any natural person who is a resident of the | ||
State of Illinois who is 60 years of age or older and who | ||
applies for such a card or renewal thereof. The Secretary of | ||
State shall charge no fee to issue such card. The card shall be | ||
issued in every county and applications shall be made | ||
available at, but not limited to, nutrition sites, senior | ||
citizen centers and Area Agencies on Aging. The applicant, | ||
upon receipt of such card and prior to its use for any purpose, | ||
shall have affixed thereon in the space provided therefor his | ||
signature or mark. | ||
(e) The Secretary of State, in his or her discretion, may | ||
designate on each Illinois Identification Card or Illinois | ||
Person with a Disability Identification Card a space where the | ||
card holder may place a sticker or decal, issued by the | ||
Secretary of State, of uniform size as the Secretary may | ||
specify, that shall indicate in appropriate language that the | ||
card holder has renewed his or her Illinois Identification |
Card or Illinois Person with a Disability Identification Card. | ||
(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||
103-345, eff. 1-1-24; revised 12-12-23.) | ||
Section 45. The State Treasurer Employment Code is amended | ||
by changing Section 7a as follows: | ||
(15 ILCS 510/7a) (from Ch. 130, par. 107a) | ||
Sec. 7a. Terms; compensation Terms - compensation . Members | ||
of the Personnel Review Board shall initially be appointed as | ||
follows: | ||
(a) One member to serve for 2 years and until a | ||
successor is appointed; | ||
(b) One member to serve for 4 years and until a | ||
successor is appointed; and | ||
(c) One member to serve for 6 years and until a | ||
successor is appointed. | ||
Thereafter, members of the Board shall be appointed by the | ||
Treasurer for 6-year 6 year terms with the advice and consent | ||
of the Senate. One member of the Board shall be appointed a | ||
chairperson for a 2-year 2 year term. Members of the Board | ||
shall each be paid $100 for each day they are engaged in the | ||
business of the Board and shall be reimbursed for their | ||
expenses when engaged in such business. | ||
(Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.) |
Section 50. The Civil Administrative Code of Illinois is | ||
amended by changing Section 5-222 as follows: | ||
(20 ILCS 5/5-222) | ||
Sec. 5-222. Director of the Illinois Power Agency. The | ||
Director of the Illinois Power Agency must have at least 10 | ||
years of combined experience in the electric industry, | ||
electricity policy, or electricity markets and must possess: | ||
(i) general knowledge of the responsibilities of being a | ||
director, (ii) managerial experience, and (iii) an advanced | ||
degree in economics, risk management, law, business, | ||
engineering, or a related field. The Director of the Illinois | ||
Power Agency must have experience with the renewable energy | ||
industry and understanding of the programs established by | ||
Public Act 102-662 intended to promote equity in the renewable | ||
energy industry. | ||
(Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.) | ||
Section 55. The Data Governance and Organization to | ||
Support Equity and Racial Justice Act is amended by changing | ||
Section 20-15 as follows: | ||
(20 ILCS 65/20-15) | ||
Sec. 20-15. Data governance and organization to support | ||
equity and racial justice. | ||
(a) On or before July 1, 2022 and each July 1 thereafter, |
the Board and the Department shall report statistical data on | ||
the racial, ethnic, age, sex, disability status, sexual | ||
orientation, gender identity, and primary or preferred | ||
language demographics of program participants for each major | ||
program administered by the Board or the Department, except as | ||
provided in subsection (a-5). Except as provided in subsection | ||
(b), when reporting the data required under this Section, the | ||
Board or the Department shall use the same racial and ethnic | ||
classifications for each program, which shall include, but not | ||
be limited to, the following: | ||
(1) American Indian and Alaska Native alone. | ||
(2) Asian alone. | ||
(3) Black or African American alone. | ||
(4) Hispanic or Latino of any race. | ||
(5) Native Hawaiian and Other Pacific Islander alone. | ||
(6) White alone. | ||
(7) Middle Eastern or North African. | ||
(8) Some other race alone. | ||
(9) Two or more races. | ||
The Board and the Department may further define, by rule, | ||
the racial and ethnic classifications, including, if | ||
necessary, a classification of "No Race Specified". | ||
(a-5) In relation to major program participants, the Board | ||
shall not be required to collect personally identifiable | ||
information and report statistical data on the categories of | ||
sex, sexual orientation, and gender identity unless required |
for federal reporting. The Board shall make available reports | ||
on its Internet website, posted where other mandated reports | ||
are posted, of statistical data on sex, sexual orientation, | ||
and gender identity demographics through anonymous surveys or | ||
other methods as age and developmentally appropriate. | ||
(b) If a program administered by the Board or the | ||
Department is subject to federal reporting requirements that | ||
include the collection and public reporting of statistical | ||
data on the racial and ethnic demographics of program | ||
participants, the Department may maintain the same racial and | ||
ethnic classifications used under the federal requirements if | ||
such classifications differ from the classifications listed in | ||
subsection (a). | ||
(c) The Department of Innovation and Technology shall | ||
assist the Board and the Department by establishing common | ||
technological processes and procedures for the Board and the | ||
Department to: | ||
(1) Catalog data. | ||
(2) Identify similar fields in datasets. | ||
(3) Manage data requests. | ||
(4) Share data. | ||
(5) Collect data. | ||
(6) Improve and clean data. | ||
(7) Match data across the Board and Departments. | ||
(8) Develop research and analytic agendas. | ||
(9) Report on program participation disaggregated by |
race and ethnicity. | ||
(10) Evaluate equitable outcomes for underserved | ||
populations in Illinois. | ||
(11) Define common roles for data management. | ||
(12) Ensure that all major programs can report | ||
disaggregated data by race, ethnicity, age, sex, | ||
disability status, sexual orientation, and gender | ||
identity, and primary or preferred language. | ||
The Board and the Department shall use the common | ||
technological processes and procedures established by the | ||
Department of Innovation and Technology. | ||
(d) If the Board or the Department is unable to begin | ||
reporting the data required by subsection (a) by July 1, 2022, | ||
the Board or the Department shall state the reasons for the | ||
delay under the reporting requirements. | ||
(e) By no later than March 31, 2022, the Board and the | ||
Department shall provide a progress report to the General | ||
Assembly to disclose: (i) the programs and datasets that have | ||
been cataloged for which race, ethnicity, age, sex, disability | ||
status, sexual orientation, gender identity, and primary or | ||
preferred language have been standardized; and (ii) to the | ||
extent possible, the datasets and programs that are | ||
outstanding for each agency and the datasets that are planned | ||
for the upcoming year. On or before March 31, 2023, and each | ||
year thereafter, the Board and the Department shall provide an | ||
updated report to the General Assembly. |
(f) By no later than October 31, 2021, the Governor's | ||
Office shall provide a plan to establish processes for input | ||
from the Board and the Department into processes outlined in | ||
subsection (c). The plan shall incorporate ongoing efforts at | ||
data interoperability within the Department and the governance | ||
established to support the P-20 Longitudinal Education Data | ||
System enacted by Public Act 96-107. | ||
(g) Nothing in this Section shall be construed to limit | ||
the rights granted to individuals or data sharing protections | ||
established under existing State and federal data privacy and | ||
security laws. | ||
(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23; | ||
103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised | ||
12-12-23.) | ||
Section 60. The Illinois Act on the Aging is amended by | ||
changing Section 4.02 as follows: | ||
(20 ILCS 105/4.02) | ||
Sec. 4.02. Community Care Program. The Department shall | ||
establish a program of services to prevent unnecessary | ||
institutionalization of persons age 60 and older in need of | ||
long term care or who are established as persons who suffer | ||
from Alzheimer's disease or a related disorder under the | ||
Alzheimer's Disease Assistance Act, thereby enabling them to | ||
remain in their own homes or in other living arrangements. |
Such preventive services, which may be coordinated with other | ||
programs for the aged and monitored by area agencies on aging | ||
in cooperation with the Department, may include, but are not | ||
limited to, any or all of the following: | ||
(a) (blank); | ||
(b) (blank); | ||
(c) home care aide services; | ||
(d) personal assistant services; | ||
(e) adult day services; | ||
(f) home-delivered meals; | ||
(g) education in self-care; | ||
(h) personal care services; | ||
(i) adult day health services; | ||
(j) habilitation services; | ||
(k) respite care; | ||
(k-5) community reintegration services; | ||
(k-6) flexible senior services; | ||
(k-7) medication management; | ||
(k-8) emergency home response; | ||
(l) other nonmedical social services that may enable | ||
the person to become self-supporting; or | ||
(m) clearinghouse for information provided by senior | ||
citizen home owners who want to rent rooms to or share | ||
living space with other senior citizens. | ||
The Department shall establish eligibility standards for | ||
such services. In determining the amount and nature of |
services for which a person may qualify, consideration shall | ||
not be given to the value of cash, property , or other assets | ||
held in the name of the person's spouse pursuant to a written | ||
agreement dividing marital property into equal but separate | ||
shares or pursuant to a transfer of the person's interest in a | ||
home to his spouse, provided that the spouse's share of the | ||
marital property is not made available to the person seeking | ||
such services. | ||
Beginning January 1, 2008, the Department shall require as | ||
a condition of eligibility that all new financially eligible | ||
applicants apply for and enroll in medical assistance under | ||
Article V of the Illinois Public Aid Code in accordance with | ||
rules promulgated by the Department. | ||
The Department shall, in conjunction with the Department | ||
of Public Aid (now Department of Healthcare and Family | ||
Services), seek appropriate amendments under Sections 1915 and | ||
1924 of the Social Security Act. The purpose of the amendments | ||
shall be to extend eligibility for home and community based | ||
services under Sections 1915 and 1924 of the Social Security | ||
Act to persons who transfer to or for the benefit of a spouse | ||
those amounts of income and resources allowed under Section | ||
1924 of the Social Security Act. Subject to the approval of | ||
such amendments, the Department shall extend the provisions of | ||
Section 5-4 of the Illinois Public Aid Code to persons who, but | ||
for the provision of home or community-based services, would | ||
require the level of care provided in an institution, as is |
provided for in federal law. Those persons no longer found to | ||
be eligible for receiving noninstitutional services due to | ||
changes in the eligibility criteria shall be given 45 days | ||
notice prior to actual termination. Those persons receiving | ||
notice of termination may contact the Department and request | ||
the determination be appealed at any time during the 45 day | ||
notice period. The target population identified for the | ||
purposes of this Section are persons age 60 and older with an | ||
identified service need. Priority shall be given to those who | ||
are at imminent risk of institutionalization. The services | ||
shall be provided to eligible persons age 60 and older to the | ||
extent that the cost of the services together with the other | ||
personal maintenance expenses of the persons are reasonably | ||
related to the standards established for care in a group | ||
facility appropriate to the person's condition. These | ||
non-institutional services, pilot projects , or experimental | ||
facilities may be provided as part of or in addition to those | ||
authorized by federal law or those funded and administered by | ||
the Department of Human Services. The Departments of Human | ||
Services, Healthcare and Family Services, Public Health, | ||
Veterans' Affairs, and Commerce and Economic Opportunity and | ||
other appropriate agencies of State, federal , and local | ||
governments shall cooperate with the Department on Aging in | ||
the establishment and development of the non-institutional | ||
services. The Department shall require an annual audit from | ||
all personal assistant and home care aide vendors contracting |
with the Department under this Section. The annual audit shall | ||
assure that each audited vendor's procedures are in compliance | ||
with Department's financial reporting guidelines requiring an | ||
administrative and employee wage and benefits cost split as | ||
defined in administrative rules. The audit is a public record | ||
under the Freedom of Information Act. The Department shall | ||
execute, relative to the nursing home prescreening project, | ||
written inter-agency agreements with the Department of Human | ||
Services and the Department of Healthcare and Family Services, | ||
to effect the following: (1) intake procedures and common | ||
eligibility criteria for those persons who are receiving | ||
non-institutional services; and (2) the establishment and | ||
development of non-institutional services in areas of the | ||
State where they are not currently available or are | ||
undeveloped. On and after July 1, 1996, all nursing home | ||
prescreenings for individuals 60 years of age or older shall | ||
be conducted by the Department. | ||
As part of the Department on Aging's routine training of | ||
case managers and case manager supervisors, the Department may | ||
include information on family futures planning for persons who | ||
are age 60 or older and who are caregivers of their adult | ||
children with developmental disabilities. The content of the | ||
training shall be at the Department's discretion. | ||
The Department is authorized to establish a system of | ||
recipient copayment for services provided under this Section, | ||
such copayment to be based upon the recipient's ability to pay |
but in no case to exceed the actual cost of the services | ||
provided. Additionally, any portion of a person's income which | ||
is equal to or less than the federal poverty standard shall not | ||
be considered by the Department in determining the copayment. | ||
The level of such copayment shall be adjusted whenever | ||
necessary to reflect any change in the officially designated | ||
federal poverty standard. | ||
The Department, or the Department's authorized | ||
representative, may recover the amount of moneys expended for | ||
services provided to or in behalf of a person under this | ||
Section by a claim against the person's estate or against the | ||
estate of the person's surviving spouse, but no recovery may | ||
be had until after the death of the surviving spouse, if any, | ||
and then only at such time when there is no surviving child who | ||
is under age 21 or blind or who has a permanent and total | ||
disability. This paragraph, however, shall not bar recovery, | ||
at the death of the person, of moneys for services provided to | ||
the person or in behalf of the person under this Section to | ||
which the person was not entitled; provided that such recovery | ||
shall not be enforced against any real estate while it is | ||
occupied as a homestead by the surviving spouse or other | ||
dependent, if no claims by other creditors have been filed | ||
against the estate, or, if such claims have been filed, they | ||
remain dormant for failure of prosecution or failure of the | ||
claimant to compel administration of the estate for the | ||
purpose of payment. This paragraph shall not bar recovery from |
the estate of a spouse, under Sections 1915 and 1924 of the | ||
Social Security Act and Section 5-4 of the Illinois Public Aid | ||
Code, who precedes a person receiving services under this | ||
Section in death. All moneys for services paid to or in behalf | ||
of the person under this Section shall be claimed for recovery | ||
from the deceased spouse's estate. "Homestead", as used in | ||
this paragraph, means the dwelling house and contiguous real | ||
estate occupied by a surviving spouse or relative, as defined | ||
by the rules and regulations of the Department of Healthcare | ||
and Family Services, regardless of the value of the property. | ||
The Department shall increase the effectiveness of the | ||
existing Community Care Program by: | ||
(1) ensuring that in-home services included in the | ||
care plan are available on evenings and weekends; | ||
(2) ensuring that care plans contain the services that | ||
eligible participants need based on the number of days in | ||
a month, not limited to specific blocks of time, as | ||
identified by the comprehensive assessment tool selected | ||
by the Department for use statewide, not to exceed the | ||
total monthly service cost maximum allowed for each | ||
service; the Department shall develop administrative rules | ||
to implement this item (2); | ||
(3) ensuring that the participants have the right to | ||
choose the services contained in their care plan and to | ||
direct how those services are provided, based on | ||
administrative rules established by the Department; |
(4) ensuring that the determination of need tool is | ||
accurate in determining the participants' level of need; | ||
to achieve this, the Department, in conjunction with the | ||
Older Adult Services Advisory Committee, shall institute a | ||
study of the relationship between the Determination of | ||
Need scores, level of need, service cost maximums, and the | ||
development and utilization of service plans no later than | ||
May 1, 2008; findings and recommendations shall be | ||
presented to the Governor and the General Assembly no | ||
later than January 1, 2009; recommendations shall include | ||
all needed changes to the service cost maximums schedule | ||
and additional covered services; | ||
(5) ensuring that homemakers can provide personal care | ||
services that may or may not involve contact with clients, | ||
including , but not limited to: | ||
(A) bathing; | ||
(B) grooming; | ||
(C) toileting; | ||
(D) nail care; | ||
(E) transferring; | ||
(F) respiratory services; | ||
(G) exercise; or | ||
(H) positioning; | ||
(6) ensuring that homemaker program vendors are not | ||
restricted from hiring homemakers who are family members | ||
of clients or recommended by clients; the Department may |
not, by rule or policy, require homemakers who are family | ||
members of clients or recommended by clients to accept | ||
assignments in homes other than the client; | ||
(7) ensuring that the State may access maximum federal | ||
matching funds by seeking approval for the Centers for | ||
Medicare and Medicaid Services for modifications to the | ||
State's home and community based services waiver and | ||
additional waiver opportunities, including applying for | ||
enrollment in the Balance Incentive Payment Program by May | ||
1, 2013, in order to maximize federal matching funds; this | ||
shall include, but not be limited to, modification that | ||
reflects all changes in the Community Care Program | ||
services and all increases in the services cost maximum; | ||
(8) ensuring that the determination of need tool | ||
accurately reflects the service needs of individuals with | ||
Alzheimer's disease and related dementia disorders; | ||
(9) ensuring that services are authorized accurately | ||
and consistently for the Community Care Program (CCP); the | ||
Department shall implement a Service Authorization policy | ||
directive; the purpose shall be to ensure that eligibility | ||
and services are authorized accurately and consistently in | ||
the CCP program; the policy directive shall clarify | ||
service authorization guidelines to Care Coordination | ||
Units and Community Care Program providers no later than | ||
May 1, 2013; | ||
(10) working in conjunction with Care Coordination |
Units, the Department of Healthcare and Family Services, | ||
the Department of Human Services, Community Care Program | ||
providers, and other stakeholders to make improvements to | ||
the Medicaid claiming processes and the Medicaid | ||
enrollment procedures or requirements as needed, | ||
including, but not limited to, specific policy changes or | ||
rules to improve the up-front enrollment of participants | ||
in the Medicaid program and specific policy changes or | ||
rules to insure more prompt submission of bills to the | ||
federal government to secure maximum federal matching | ||
dollars as promptly as possible; the Department on Aging | ||
shall have at least 3 meetings with stakeholders by | ||
January 1, 2014 in order to address these improvements; | ||
(11) requiring home care service providers to comply | ||
with the rounding of hours worked provisions under the | ||
federal Fair Labor Standards Act (FLSA) and as set forth | ||
in 29 CFR 785.48(b) by May 1, 2013; | ||
(12) implementing any necessary policy changes or | ||
promulgating any rules, no later than January 1, 2014, to | ||
assist the Department of Healthcare and Family Services in | ||
moving as many participants as possible, consistent with | ||
federal regulations, into coordinated care plans if a care | ||
coordination plan that covers long term care is available | ||
in the recipient's area; and | ||
(13) maintaining fiscal year 2014 rates at the same | ||
level established on January 1, 2013. |
By January 1, 2009 or as soon after the end of the Cash and | ||
Counseling Demonstration Project as is practicable, the | ||
Department may, based on its evaluation of the demonstration | ||
project, promulgate rules concerning personal assistant | ||
services, to include, but need not be limited to, | ||
qualifications, employment screening, rights under fair labor | ||
standards, training, fiduciary agent, and supervision | ||
requirements. All applicants shall be subject to the | ||
provisions of the Health Care Worker Background Check Act. | ||
The Department shall develop procedures to enhance | ||
availability of services on evenings, weekends, and on an | ||
emergency basis to meet the respite needs of caregivers. | ||
Procedures shall be developed to permit the utilization of | ||
services in successive blocks of 24 hours up to the monthly | ||
maximum established by the Department. Workers providing these | ||
services shall be appropriately trained. | ||
Beginning on September 23, 1991 ( the effective date of | ||
Public Act 87-729) this amendatory Act of 1991 , no person may | ||
perform chore/housekeeping and home care aide services under a | ||
program authorized by this Section unless that person has been | ||
issued a certificate of pre-service to do so by his or her | ||
employing agency. Information gathered to effect such | ||
certification shall include (i) the person's name, (ii) the | ||
date the person was hired by his or her current employer, and | ||
(iii) the training, including dates and levels. Persons | ||
engaged in the program authorized by this Section before the |
effective date of this amendatory Act of 1991 shall be issued a | ||
certificate of all pre-service pre- and in-service training | ||
from his or her employer upon submitting the necessary | ||
information. The employing agency shall be required to retain | ||
records of all staff pre-service pre- and in-service training, | ||
and shall provide such records to the Department upon request | ||
and upon termination of the employer's contract with the | ||
Department. In addition, the employing agency is responsible | ||
for the issuance of certifications of in-service training | ||
completed to their employees. | ||
The Department is required to develop a system to ensure | ||
that persons working as home care aides and personal | ||
assistants receive increases in their wages when the federal | ||
minimum wage is increased by requiring vendors to certify that | ||
they are meeting the federal minimum wage statute for home | ||
care aides and personal assistants. An employer that cannot | ||
ensure that the minimum wage increase is being given to home | ||
care aides and personal assistants shall be denied any | ||
increase in reimbursement costs. | ||
The Community Care Program Advisory Committee is created | ||
in the Department on Aging. The Director shall appoint | ||
individuals to serve in the Committee, who shall serve at | ||
their own expense. Members of the Committee must abide by all | ||
applicable ethics laws. The Committee shall advise the | ||
Department on issues related to the Department's program of | ||
services to prevent unnecessary institutionalization. The |
Committee shall meet on a bi-monthly basis and shall serve to | ||
identify and advise the Department on present and potential | ||
issues affecting the service delivery network, the program's | ||
clients, and the Department and to recommend solution | ||
strategies. Persons appointed to the Committee shall be | ||
appointed on, but not limited to, their own and their agency's | ||
experience with the program, geographic representation, and | ||
willingness to serve. The Director shall appoint members to | ||
the Committee to represent provider, advocacy, policy | ||
research, and other constituencies committed to the delivery | ||
of high quality home and community-based services to older | ||
adults. Representatives shall be appointed to ensure | ||
representation from community care providers , including, but | ||
not limited to, adult day service providers, homemaker | ||
providers, case coordination and case management units, | ||
emergency home response providers, statewide trade or labor | ||
unions that represent home care aides and direct care staff, | ||
area agencies on aging, adults over age 60, membership | ||
organizations representing older adults, and other | ||
organizational entities, providers of care, or individuals | ||
with demonstrated interest and expertise in the field of home | ||
and community care as determined by the Director. | ||
Nominations may be presented from any agency or State | ||
association with interest in the program. The Director, or his | ||
or her designee, shall serve as the permanent co-chair of the | ||
advisory committee. One other co-chair shall be nominated and |
approved by the members of the committee on an annual basis. | ||
Committee members' terms of appointment shall be for 4 years | ||
with one-quarter of the appointees' terms expiring each year. | ||
A member shall continue to serve until his or her replacement | ||
is named. The Department shall fill vacancies that have a | ||
remaining term of over one year, and this replacement shall | ||
occur through the annual replacement of expiring terms. The | ||
Director shall designate Department staff to provide technical | ||
assistance and staff support to the committee. Department | ||
representation shall not constitute membership of the | ||
committee. All Committee papers, issues, recommendations, | ||
reports, and meeting memoranda are advisory only. The | ||
Director, or his or her designee, shall make a written report, | ||
as requested by the Committee, regarding issues before the | ||
Committee. | ||
The Department on Aging and the Department of Human | ||
Services shall cooperate in the development and submission of | ||
an annual report on programs and services provided under this | ||
Section. Such joint report shall be filed with the Governor | ||
and the General Assembly on or before March 31 of the following | ||
fiscal year. | ||
The requirement for reporting to the General Assembly | ||
shall be satisfied by filing copies of the report as required | ||
by Section 3.1 of the General Assembly Organization Act and | ||
filing such additional copies with the State Government Report | ||
Distribution Center for the General Assembly as is required |
under paragraph (t) of Section 7 of the State Library Act. | ||
Those persons previously found eligible for receiving | ||
non-institutional services whose services were discontinued | ||
under the Emergency Budget Act of Fiscal Year 1992, and who do | ||
not meet the eligibility standards in effect on or after July | ||
1, 1992, shall remain ineligible on and after July 1, 1992. | ||
Those persons previously not required to cost-share and who | ||
were required to cost-share effective March 1, 1992, shall | ||
continue to meet cost-share requirements on and after July 1, | ||
1992. Beginning July 1, 1992, all clients will be required to | ||
meet eligibility, cost-share, and other requirements and will | ||
have services discontinued or altered when they fail to meet | ||
these requirements. | ||
For the purposes of this Section, "flexible senior | ||
services" refers to services that require one-time or periodic | ||
expenditures , including, but not limited to, respite care, | ||
home modification, assistive technology, housing assistance, | ||
and transportation. | ||
The Department shall implement an electronic service | ||
verification based on global positioning systems or other | ||
cost-effective technology for the Community Care Program no | ||
later than January 1, 2014. | ||
The Department shall require, as a condition of | ||
eligibility, enrollment in the medical assistance program | ||
under Article V of the Illinois Public Aid Code (i) beginning | ||
August 1, 2013, if the Auditor General has reported that the |
Department has failed to comply with the reporting | ||
requirements of Section 2-27 of the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the Department has not undertaken the required | ||
actions listed in the report required by subsection (a) of | ||
Section 2-27 of the Illinois State Auditing Act. | ||
The Department shall delay Community Care Program services | ||
until an applicant is determined eligible for medical | ||
assistance under Article V of the Illinois Public Aid Code (i) | ||
beginning August 1, 2013, if the Auditor General has reported | ||
that the Department has failed to comply with the reporting | ||
requirements of Section 2-27 of the Illinois State Auditing | ||
Act; or (ii) beginning June 1, 2014, if the Auditor General has | ||
reported that the Department has not undertaken the required | ||
actions listed in the report required by subsection (a) of | ||
Section 2-27 of the Illinois State Auditing Act. | ||
The Department shall implement co-payments for the | ||
Community Care Program at the federally allowable maximum | ||
level (i) beginning August 1, 2013, if the Auditor General has | ||
reported that the Department has failed to comply with the | ||
reporting requirements of Section 2-27 of the Illinois State | ||
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor | ||
General has reported that the Department has not undertaken | ||
the required actions listed in the report required by | ||
subsection (a) of Section 2-27 of the Illinois State Auditing | ||
Act. |
The Department shall continue to provide other Community | ||
Care Program reports as required by statute. | ||
The Department shall conduct a quarterly review of Care | ||
Coordination Unit performance and adherence to service | ||
guidelines. The quarterly review shall be reported to the | ||
Speaker of the House of Representatives, the Minority Leader | ||
of the House of Representatives, the President of the Senate, | ||
and the Minority Leader of the Senate. The Department shall | ||
collect and report longitudinal data on the performance of | ||
each care coordination unit. Nothing in this paragraph shall | ||
be construed to require the Department to identify specific | ||
care coordination units. | ||
In regard to community care providers, failure to comply | ||
with Department on Aging policies shall be cause for | ||
disciplinary action, including, but not limited to, | ||
disqualification from serving Community Care Program clients. | ||
Each provider, upon submission of any bill or invoice to the | ||
Department for payment for services rendered, shall include a | ||
notarized statement, under penalty of perjury pursuant to | ||
Section 1-109 of the Code of Civil Procedure, that the | ||
provider has complied with all Department policies. | ||
The Director of the Department on Aging shall make | ||
information available to the State Board of Elections as may | ||
be required by an agreement the State Board of Elections has | ||
entered into with a multi-state voter registration list | ||
maintenance system. |
Within 30 days after July 6, 2017 (the effective date of | ||
Public Act 100-23), rates shall be increased to $18.29 per | ||
hour, for the purpose of increasing, by at least $.72 per hour, | ||
the wages paid by those vendors to their employees who provide | ||
homemaker services. The Department shall pay an enhanced rate | ||
under the Community Care Program to those in-home service | ||
provider agencies that offer health insurance coverage as a | ||
benefit to their direct service worker employees consistent | ||
with the mandates of Public Act 95-713. For State fiscal years | ||
2018 and 2019, the enhanced rate shall be $1.77 per hour. The | ||
rate shall be adjusted using actuarial analysis based on the | ||
cost of care, but shall not be set below $1.77 per hour. The | ||
Department shall adopt rules, including emergency rules under | ||
subsections (y) and (bb) of Section 5-45 of the Illinois | ||
Administrative Procedure Act, to implement the provisions of | ||
this paragraph. | ||
Subject to federal approval, beginning on January 1, 2024, | ||
rates for adult day services shall be increased to $16.84 per | ||
hour and rates for each way transportation services for adult | ||
day services shall be increased to $12.44 per unit | ||
transportation. | ||
Subject to federal approval, on and after January 1, 2024, | ||
rates for homemaker services shall be increased to $28.07 to | ||
sustain a minimum wage of $17 per hour for direct service | ||
workers. Rates in subsequent State fiscal years shall be no | ||
lower than the rates put into effect upon federal approval. |
Providers of in-home services shall be required to certify to | ||
the Department that they remain in compliance with the | ||
mandated wage increase for direct service workers. Fringe | ||
benefits, including, but not limited to, paid time off and | ||
payment for training, health insurance, travel, or | ||
transportation, shall not be reduced in relation to the rate | ||
increases described in this paragraph. | ||
The General Assembly finds it necessary to authorize an | ||
aggressive Medicaid enrollment initiative designed to maximize | ||
federal Medicaid funding for the Community Care Program which | ||
produces significant savings for the State of Illinois. The | ||
Department on Aging shall establish and implement a Community | ||
Care Program Medicaid Initiative. Under the Initiative, the | ||
Department on Aging shall, at a minimum: (i) provide an | ||
enhanced rate to adequately compensate care coordination units | ||
to enroll eligible Community Care Program clients into | ||
Medicaid; (ii) use recommendations from a stakeholder | ||
committee on how best to implement the Initiative; and (iii) | ||
establish requirements for State agencies to make enrollment | ||
in the State's Medical Assistance program easier for seniors. | ||
The Community Care Program Medicaid Enrollment Oversight | ||
Subcommittee is created as a subcommittee of the Older Adult | ||
Services Advisory Committee established in Section 35 of the | ||
Older Adult Services Act to make recommendations on how best | ||
to increase the number of medical assistance recipients who | ||
are enrolled in the Community Care Program. The Subcommittee |
shall consist of all of the following persons who must be | ||
appointed within 30 days after June 4, 2018 ( the effective | ||
date of Public Act 100-587) this amendatory Act of the 100th | ||
General Assembly : | ||
(1) The Director of Aging, or his or her designee, who | ||
shall serve as the chairperson of the Subcommittee. | ||
(2) One representative of the Department of Healthcare | ||
and Family Services, appointed by the Director of | ||
Healthcare and Family Services. | ||
(3) One representative of the Department of Human | ||
Services, appointed by the Secretary of Human Services. | ||
(4) One individual representing a care coordination | ||
unit, appointed by the Director of Aging. | ||
(5) One individual from a non-governmental statewide | ||
organization that advocates for seniors, appointed by the | ||
Director of Aging. | ||
(6) One individual representing Area Agencies on | ||
Aging, appointed by the Director of Aging. | ||
(7) One individual from a statewide association | ||
dedicated to Alzheimer's care, support, and research, | ||
appointed by the Director of Aging. | ||
(8) One individual from an organization that employs | ||
persons who provide services under the Community Care | ||
Program, appointed by the Director of Aging. | ||
(9) One member of a trade or labor union representing | ||
persons who provide services under the Community Care |
Program, appointed by the Director of Aging. | ||
(10) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the President of the Senate. | ||
(11) One member of the Senate, who shall serve as | ||
co-chairperson, appointed by the Minority Leader of the | ||
Senate. | ||
(12) One member of the House of Representatives, who | ||
shall serve as co-chairperson, appointed by the Speaker of | ||
the House of Representatives. | ||
(13) One member of the House of Representatives, who | ||
shall serve as co-chairperson, appointed by the Minority | ||
Leader of the House of Representatives. | ||
(14) One individual appointed by a labor organization | ||
representing frontline employees at the Department of | ||
Human Services. | ||
The Subcommittee shall provide oversight to the Community | ||
Care Program Medicaid Initiative and shall meet quarterly. At | ||
each Subcommittee meeting the Department on Aging shall | ||
provide the following data sets to the Subcommittee: (A) the | ||
number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are enrolled in the State's Medical | ||
Assistance Program; (B) the number of Illinois residents, | ||
categorized by planning and service area, who are receiving | ||
services under the Community Care Program, but are not | ||
enrolled in the State's Medical Assistance Program; and (C) |
the number of Illinois residents, categorized by planning and | ||
service area, who are receiving services under the Community | ||
Care Program and are eligible for benefits under the State's | ||
Medical Assistance Program, but are not enrolled in the | ||
State's Medical Assistance Program. In addition to this data, | ||
the Department on Aging shall provide the Subcommittee with | ||
plans on how the Department on Aging will reduce the number of | ||
Illinois residents who are not enrolled in the State's Medical | ||
Assistance Program but who are eligible for medical assistance | ||
benefits. The Department on Aging shall enroll in the State's | ||
Medical Assistance Program those Illinois residents who | ||
receive services under the Community Care Program and are | ||
eligible for medical assistance benefits but are not enrolled | ||
in the State's Medicaid Assistance Program. The data provided | ||
to the Subcommittee shall be made available to the public via | ||
the Department on Aging's website. | ||
The Department on Aging, with the involvement of the | ||
Subcommittee, shall collaborate with the Department of Human | ||
Services and the Department of Healthcare and Family Services | ||
on how best to achieve the responsibilities of the Community | ||
Care Program Medicaid Initiative. | ||
The Department on Aging, the Department of Human Services, | ||
and the Department of Healthcare and Family Services shall | ||
coordinate and implement a streamlined process for seniors to | ||
access benefits under the State's Medical Assistance Program. | ||
The Subcommittee shall collaborate with the Department of |
Human Services on the adoption of a uniform application | ||
submission process. The Department of Human Services and any | ||
other State agency involved with processing the medical | ||
assistance application of any person enrolled in the Community | ||
Care Program shall include the appropriate care coordination | ||
unit in all communications related to the determination or | ||
status of the application. | ||
The Community Care Program Medicaid Initiative shall | ||
provide targeted funding to care coordination units to help | ||
seniors complete their applications for medical assistance | ||
benefits. On and after July 1, 2019, care coordination units | ||
shall receive no less than $200 per completed application, | ||
which rate may be included in a bundled rate for initial intake | ||
services when Medicaid application assistance is provided in | ||
conjunction with the initial intake process for new program | ||
participants. | ||
The Community Care Program Medicaid Initiative shall cease | ||
operation 5 years after June 4, 2018 ( the effective date of | ||
Public Act 100-587) this amendatory Act of the 100th General | ||
Assembly , after which the Subcommittee shall dissolve. | ||
Effective July 1, 2023, subject to federal approval, the | ||
Department on Aging shall reimburse Care Coordination Units at | ||
the following rates for case management services: $252.40 for | ||
each initial assessment; $366.40 for each initial assessment | ||
with translation; $229.68 for each redetermination assessment; | ||
$313.68 for each redetermination assessment with translation; |
$200.00 for each completed application for medical assistance | ||
benefits; $132.26 for each face-to-face, choices-for-care | ||
screening; $168.26 for each face-to-face, choices-for-care | ||
screening with translation; $124.56 for each 6-month, | ||
face-to-face visit; $132.00 for each MCO participant | ||
eligibility determination; and $157.00 for each MCO | ||
participant eligibility determination with translation. | ||
(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; | ||
103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, | ||
Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, | ||
Section 90-5, eff. 1-1-24; revised 12-12-23.) | ||
Section 65. The Personnel Code is amended by changing | ||
Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows: | ||
(20 ILCS 415/8a) (from Ch. 127, par. 63b108a) | ||
Sec. 8a. Jurisdiction A; classification Jurisdiction A - | ||
Classification and pay. For positions in the State service | ||
subject to the jurisdiction of the Department of Central | ||
Management Services with respect to the classification and | ||
pay: | ||
(1) For the preparation, maintenance, and revision by | ||
the Director, subject to approval by the Commission, of a | ||
position classification plan for all positions subject to | ||
this Code Act , based upon similarity of duties performed, | ||
responsibilities assigned, and conditions of employment so |
that the same schedule of pay may be equitably applied to | ||
all positions in the same class. However, the pay of an | ||
employee whose position is reduced in rank or grade by | ||
reallocation because of a loss of duties or | ||
responsibilities after his appointment to such position | ||
shall not be required to be lowered for a period of one | ||
year after the reallocation of his position. Conditions of | ||
employment shall not be used as a factor in the | ||
classification of any position heretofore paid under the | ||
provisions of Section 1.22 of "An Act to standardize | ||
position titles and salary rates", approved June 30, 1943, | ||
as amended. Unless the Commission disapproves such | ||
classification plan within 60 days, or any revision | ||
thereof within 30 days, the Director shall allocate every | ||
such position to one of the classes in the plan. Any | ||
employee affected by the allocation of a position to a | ||
class shall, after filing with the Director of Central | ||
Management Services a written request for reconsideration | ||
thereof in such manner and form as the Director may | ||
prescribe, be given a reasonable opportunity to be heard | ||
by the Director. If the employee does not accept the | ||
allocation of the position, he shall then have the right | ||
of appeal to the Civil Service Commission. | ||
(2) For a pay plan to be prepared by the Director for | ||
all employees subject to this Code Act after consultation | ||
with operating agency heads and the Director of the |
Governor's Office of Management and Budget. Such pay plan | ||
may include provisions for uniformity of starting pay, an | ||
increment plan, area differentials, a delay not to exceed | ||
one year prior to the reduction of the pay of employees | ||
whose positions are reduced in rank or grade by | ||
reallocation because of a loss of duties or | ||
responsibilities after their appointments to such | ||
positions, prevailing rates of wages in those | ||
classifications in which employers are now paying or may | ||
hereafter pay such rates of wage and other provisions. | ||
Such pay plan shall become effective only after it has | ||
been approved by the Governor. Amendments to the pay plan | ||
shall be made in the same manner. Such pay plan shall | ||
provide that each employee shall be paid at one of the | ||
rates set forth in the pay plan for the class of position | ||
in which he is employed, subject to delay in the reduction | ||
of pay of employees whose positions are reduced in rank or | ||
grade by allocation as above set forth in this Section. | ||
Such pay plan shall provide for a fair and reasonable | ||
compensation for services rendered. | ||
This Section is inapplicable to the position of Assistant | ||
Director of Healthcare and Family Services in the Department | ||
of Healthcare and Family Services. The salary for this | ||
position shall be as established in the "The Civil | ||
Administrative Code of Illinois ", approved March 7, 1917, as | ||
amended . |
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07; | ||
revised 9-20-23.) | ||
(20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3) | ||
Sec. 8b.3. For assessment of employees with contractual | ||
rights under a collective bargaining agreement to determine | ||
those candidates who are eligible for appointment and | ||
promotion and their relative excellence. Assessments, which | ||
are the determination of whether an individual meets the | ||
minimum qualifications as determined by the class | ||
specification of the position for which they are being | ||
considered, shall be designed to objectively eliminate those | ||
who are not qualified for the position into which they are | ||
applying and to discover the relative fitness of those who are | ||
qualified. The Director may substitute rankings , such as | ||
superior, excellent, well-qualified , and qualified , for | ||
numerical ratings and establish qualification assessments or | ||
assessment equivalents accordingly. The Department may adopt | ||
rules regarding the assessment of applicants and the | ||
appointment of qualified candidates. Adopted rules shall be | ||
interpreted to be consistent with collective bargaining | ||
agreements. | ||
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.) | ||
(20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9) | ||
Sec. 8b.9. For temporary appointments to any positions in |
the State service which are determined to be temporary or | ||
seasonal in nature by the Director of Central Management | ||
Services. Temporary appointments may be made for not more than | ||
6 months. No position in the State service may be filled by | ||
temporary appointment for more than 6 months out of any | ||
12-month 12 month period. | ||
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.) | ||
(20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10) | ||
Sec. 8b.10. For provisional appointment to a position | ||
without competitive qualification assessment. No position | ||
within jurisdiction B may be filled by provisional appointment | ||
for longer than 6 months out of any 12-month 12 month period. | ||
(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.) | ||
(20 ILCS 415/9) (from Ch. 127, par. 63b109) | ||
Sec. 9. Director ; , powers and duties. The Director, as | ||
executive head of the Department, shall direct and supervise | ||
all its administrative and technical activities. In addition | ||
to the duties imposed upon him elsewhere in this Code law , it | ||
shall be his duty: | ||
(1) To apply and carry out this Code law and the rules | ||
adopted thereunder. | ||
(2) To attend meetings of the Commission. | ||
(3) To establish and maintain a roster of all | ||
employees subject to this Code Act , in which there shall |
be set forth, as to each employee, the class, title, pay, | ||
status, and other pertinent data. | ||
(4) To appoint, subject to the provisions of this Code | ||
Act , such employees of the Department and such experts and | ||
special assistants as may be necessary to carry out | ||
effectively this Code law . | ||
(5) Subject to such exemptions or modifications as may | ||
be necessary to assure the continuity of federal | ||
contributions in those agencies supported in whole or in | ||
part by federal funds, to make appointments to vacancies; | ||
to approve all written charges seeking discharge, | ||
demotion, or other disciplinary measures provided in this | ||
Code Act and to approve transfers of employees from one | ||
geographical area to another in the State, in offices, | ||
positions or places of employment covered by this Code | ||
Act , after consultation with the operating unit. | ||
(6) To formulate and administer service wide policies | ||
and programs for the improvement of employee | ||
effectiveness, including training, safety, health, | ||
incentive recognition, counseling, welfare , and employee | ||
relations. The Department shall formulate and administer | ||
recruitment plans and testing of potential employees for | ||
agencies having direct contact with significant numbers of | ||
non-English speaking or otherwise culturally distinct | ||
persons. The Department shall require each State agency to | ||
annually assess the need for employees with appropriate |
bilingual capabilities to serve the significant numbers of | ||
non-English speaking or culturally distinct persons. The | ||
Department shall develop a uniform procedure for assessing | ||
an agency's need for employees with appropriate bilingual | ||
capabilities. Agencies shall establish occupational titles | ||
or designate positions as "bilingual option" for persons | ||
having sufficient linguistic ability or cultural knowledge | ||
to be able to render effective service to such persons. | ||
The Department shall ensure that any such option is | ||
exercised according to the agency's needs assessment and | ||
the requirements of this Code. The Department shall make | ||
annual reports of the needs assessment of each agency and | ||
the number of positions calling for non-English linguistic | ||
ability to whom vacancy postings were sent, and the number | ||
filled by each agency. Such policies and programs shall be | ||
subject to approval by the Governor, provided that for | ||
needs that require a certain linguistic ability that: (i) | ||
have not been met for a posted position for a period of at | ||
least one year; or (ii) arise when an individual's health | ||
or safety would be placed in immediate risk, the | ||
Department shall accept certifications of linguistic | ||
competence from pre-approved third parties. To facilitate | ||
expanding the scope of sources to demonstrate linguistic | ||
competence, the Department shall issue standards for | ||
demonstrating linguistic competence. No later than January | ||
2024, the Department shall authorize at least one if not |
more community colleges in the regions involving the | ||
counties of Cook, Lake, McHenry, Kane, DuPage, Kendall, | ||
Will, Sangamon, and 5 other geographically distributed | ||
counties within the State to pre-test and certify | ||
linguistic ability, and such certifications by candidates | ||
shall be presumed to satisfy the linguistic ability | ||
requirements for the job position. Such policies, program | ||
reports and needs assessment reports, as well as | ||
linguistic certification standards, shall be filed with | ||
the General Assembly by January 1 of each year and shall be | ||
available to the public. | ||
The Department shall include within the report | ||
required above the number of persons receiving the | ||
bilingual pay supplement established by Section 8a.2 of | ||
this Code. The report shall provide the number of persons | ||
receiving the bilingual pay supplement for languages other | ||
than English and for signing. The report shall also | ||
indicate the number of persons, by the categories of | ||
Hispanic and non-Hispanic, who are receiving the bilingual | ||
pay supplement for language skills other than signing, in | ||
a language other than English. | ||
(7) To conduct negotiations affecting pay, hours of | ||
work, or other working conditions of employees subject to | ||
this Code Act . | ||
(8) To make continuing studies to improve the | ||
efficiency of State services to the residents of Illinois, |
including , but not limited to , those who are non-English | ||
speaking or culturally distinct, and to report his | ||
findings and recommendations to the Commission and the | ||
Governor. | ||
(9) To investigate from time to time the operation and | ||
effect of this Code law and the rules made thereunder and | ||
to report his findings and recommendations to the | ||
Commission and to the Governor. | ||
(10) To make an annual report regarding the work of | ||
the Department, and such special reports as he may | ||
consider desirable, to the Commission and to the Governor, | ||
or as the Governor or Commission may request. | ||
(11) To make continuing studies to encourage State | ||
employment for persons with disabilities, including, but | ||
not limited to, the Successful Disability Opportunities | ||
Program. | ||
(12) To make available, on the CMS website or its | ||
equivalent, no less frequently than quarterly, information | ||
regarding all exempt positions in State service and | ||
information showing the number of employees who are exempt | ||
from merit selection and non-exempt from merit selection | ||
in each department. | ||
(13) To establish policies to increase the flexibility | ||
of the State workforce for every department or agency | ||
subject to Jurisdiction C, including the use of flexible | ||
time, location, workloads, and positions. The Director and |
the director of each department or agency shall together | ||
establish quantifiable goals to increase workforce | ||
flexibility in each department or agency. To authorize in | ||
every department or agency subject to Jurisdiction C the | ||
use of flexible hours positions. A flexible hours position | ||
is one that does not require an ordinary work schedule as | ||
determined by the Department and includes , but is not | ||
limited to: (1) 1) a part time job of 20 hours or more per | ||
week, (2) 2) a job which is shared by 2 employees or a | ||
compressed work week consisting of an ordinary number of | ||
working hours performed on fewer than the number of days | ||
ordinarily required to perform that job. The Department | ||
may define flexible time to include other types of jobs | ||
that are defined above. | ||
The Director and the director of each department or | ||
agency shall together establish goals for flexible hours | ||
positions to be available in every department or agency. | ||
The Department shall give technical assistance to | ||
departments and agencies in achieving their goals, and | ||
shall report to the Governor and the General Assembly each | ||
year on the progress of each department and agency. | ||
When a goal of 10% of the positions in a department or | ||
agency being available on a flexible hours basis has been | ||
reached, the Department shall evaluate the effectiveness | ||
and efficiency of the program and determine whether to | ||
expand the number of positions available for flexible |
hours to 20%. | ||
When a goal of 20% of the positions in a department or | ||
agency being available on a flexible hours basis has been | ||
reached, the Department shall evaluate the effectiveness | ||
and efficiency of the program and determine whether to | ||
expand the number of positions available for flexible | ||
hours. | ||
(14) To perform any other lawful acts which he may | ||
consider necessary or desirable to carry out the purposes | ||
and provisions of this Code law . | ||
(15) When a vacancy rate is greater than or equal to 10% | ||
for a given position, the Department shall review the | ||
educational and other requirements for the position to | ||
determine if modifications need to be made. | ||
The requirement for reporting to the General Assembly | ||
shall be satisfied by filing copies of the report as required | ||
by Section 3.1 of the General Assembly Organization Act, and | ||
filing such additional copies with the State Government Report | ||
Distribution Center for the General Assembly as is required | ||
under paragraph (t) of Section 7 of the State Library Act. | ||
(Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23; | ||
revised 9-20-23.) | ||
Section 70. The Children and Family Services Act is | ||
amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows: |
(20 ILCS 505/5) | ||
Sec. 5. Direct child welfare services; Department of | ||
Children and Family Services. To provide direct child welfare | ||
services when not available through other public or private | ||
child care or program facilities. | ||
(a) For purposes of this Section: | ||
(1) "Children" means persons found within the State | ||
who are under the age of 18 years. The term also includes | ||
persons under age 21 who: | ||
(A) were committed to the Department pursuant to | ||
the Juvenile Court Act or the Juvenile Court Act of | ||
1987 and who continue under the jurisdiction of the | ||
court; or | ||
(B) were accepted for care, service and training | ||
by the Department prior to the age of 18 and whose best | ||
interest in the discretion of the Department would be | ||
served by continuing that care, service and training | ||
because of severe emotional disturbances, physical | ||
disability, social adjustment or any combination | ||
thereof, or because of the need to complete an | ||
educational or vocational training program. | ||
(2) "Homeless youth" means persons found within the | ||
State who are under the age of 19, are not in a safe and | ||
stable living situation and cannot be reunited with their | ||
families. | ||
(3) "Child welfare services" means public social |
services which are directed toward the accomplishment of | ||
the following purposes: | ||
(A) protecting and promoting the health, safety | ||
and welfare of children, including homeless, | ||
dependent, or neglected children; | ||
(B) remedying, or assisting in the solution of | ||
problems which may result in, the neglect, abuse, | ||
exploitation, or delinquency of children; | ||
(C) preventing the unnecessary separation of | ||
children from their families by identifying family | ||
problems, assisting families in resolving their | ||
problems, and preventing the breakup of the family | ||
where the prevention of child removal is desirable and | ||
possible when the child can be cared for at home | ||
without endangering the child's health and safety; | ||
(D) restoring to their families children who have | ||
been removed, by the provision of services to the | ||
child and the families when the child can be cared for | ||
at home without endangering the child's health and | ||
safety; | ||
(E) placing children in suitable permanent family | ||
arrangements, through guardianship or adoption, in | ||
cases where restoration to the birth family is not | ||
safe, possible, or appropriate; | ||
(F) at the time of placement, conducting | ||
concurrent planning, as described in subsection (l-1) |
of this Section , so that permanency may occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if reunification fails or is delayed, the | ||
placement made is the best available placement to | ||
provide permanency for the child; | ||
(G) (blank); | ||
(H) (blank); and | ||
(I) placing and maintaining children in facilities | ||
that provide separate living quarters for children | ||
under the age of 18 and for children 18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last year of high school education or vocational | ||
training, in an approved individual or group treatment | ||
program, in a licensed shelter facility, or secure | ||
child care facility. The Department is not required to | ||
place or maintain children: | ||
(i) who are in a foster home, or | ||
(ii) who are persons with a developmental | ||
disability, as defined in the Mental Health and | ||
Developmental Disabilities Code, or | ||
(iii) who are female children who are | ||
pregnant, pregnant and parenting, or parenting, or | ||
(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18 | ||
years of age and older and for children under 18 | ||
years of age. |
(b) (Blank). | ||
(b-5) The Department shall adopt rules to establish a | ||
process for all licensed residential providers in Illinois to | ||
submit data as required by the Department , if they contract or | ||
receive reimbursement for children's mental health, substance | ||
use, and developmental disability services from the Department | ||
of Human Services, the Department of Juvenile Justice, or the | ||
Department of Healthcare and Family Services. The requested | ||
data must include, but is not limited to, capacity, staffing, | ||
and occupancy data for the purpose of establishing State need | ||
and placement availability. | ||
All information collected, shared, or stored pursuant to | ||
this subsection shall be handled in accordance with all State | ||
and federal privacy laws and accompanying regulations and | ||
rules, including without limitation the federal Health | ||
Insurance Portability and Accountability Act of 1996 (Public | ||
Law 104-191) and the Mental Health and Developmental | ||
Disabilities Confidentiality Act. | ||
(c) The Department shall establish and maintain | ||
tax-supported child welfare services and extend and seek to | ||
improve voluntary services throughout the State, to the end | ||
that services and care shall be available on an equal basis | ||
throughout the State to children requiring such services. | ||
(d) The Director may authorize advance disbursements for | ||
any new program initiative to any agency contracting with the | ||
Department. As a prerequisite for an advance disbursement, the |
contractor must post a surety bond in the amount of the advance | ||
disbursement and have a purchase of service contract approved | ||
by the Department. The Department may pay up to 2 months | ||
operational expenses in advance. The amount of the advance | ||
disbursement shall be prorated over the life of the contract | ||
or the remaining months of the fiscal year, whichever is less, | ||
and the installment amount shall then be deducted from future | ||
bills. Advance disbursement authorizations for new initiatives | ||
shall not be made to any agency after that agency has operated | ||
during 2 consecutive fiscal years. The requirements of this | ||
Section concerning advance disbursements shall not apply with | ||
respect to the following: payments to local public agencies | ||
for child day care services as authorized by Section 5a of this | ||
Act; and youth service programs receiving grant funds under | ||
Section 17a-4. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) The Department shall establish rules and regulations | ||
concerning its operation of programs designed to meet the | ||
goals of child safety and protection, family preservation, | ||
family reunification, and adoption, including, but not limited | ||
to: | ||
(1) adoption; | ||
(2) foster care; | ||
(3) family counseling; | ||
(4) protective services; |
(5) (blank); | ||
(6) homemaker service; | ||
(7) return of runaway children; | ||
(8) (blank); | ||
(9) placement under Section 5-7 of the Juvenile Court | ||
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||
Court Act of 1987 in accordance with the federal Adoption | ||
Assistance and Child Welfare Act of 1980; and | ||
(10) interstate services. | ||
Rules and regulations established by the Department shall | ||
include provisions for training Department staff and the staff | ||
of Department grantees, through contracts with other agencies | ||
or resources, in screening techniques to identify substance | ||
use disorders, as defined in the Substance Use Disorder Act, | ||
approved by the Department of Human Services, as a successor | ||
to the Department of Alcoholism and Substance Abuse, for the | ||
purpose of identifying children and adults who should be | ||
referred for an assessment at an organization appropriately | ||
licensed by the Department of Human Services for substance use | ||
disorder treatment. | ||
(h) If the Department finds that there is no appropriate | ||
program or facility within or available to the Department for | ||
a youth in care and that no licensed private facility has an | ||
adequate and appropriate program or none agrees to accept the | ||
youth in care, the Department shall create an appropriate | ||
individualized, program-oriented plan for such youth in care. |
The plan may be developed within the Department or through | ||
purchase of services by the Department to the extent that it is | ||
within its statutory authority to do. | ||
(i) Service programs shall be available throughout the | ||
State and shall include but not be limited to the following | ||
services: | ||
(1) case management; | ||
(2) homemakers; | ||
(3) counseling; | ||
(4) parent education; | ||
(5) day care; and | ||
(6) emergency assistance and advocacy. | ||
In addition, the following services may be made available | ||
to assess and meet the needs of children and families: | ||
(1) comprehensive family-based services; | ||
(2) assessments; | ||
(3) respite care; and | ||
(4) in-home health services. | ||
The Department shall provide transportation for any of the | ||
services it makes available to children or families or for | ||
which it refers children or families. | ||
(j) The Department may provide categories of financial | ||
assistance and education assistance grants, and shall | ||
establish rules and regulations concerning the assistance and | ||
grants, to persons who adopt children with physical or mental | ||
disabilities, children who are older, or other hard-to-place |
children who (i) immediately prior to their adoption were | ||
youth in care or (ii) were determined eligible for financial | ||
assistance with respect to a prior adoption and who become | ||
available for adoption because the prior adoption has been | ||
dissolved and the parental rights of the adoptive parents have | ||
been terminated or because the child's adoptive parents have | ||
died. The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the | ||
child's adoptive parents died and ending with the finalization | ||
of the new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial assistance and education assistance grants, and | ||
shall establish rules and regulations for the assistance and | ||
grants, to persons appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, | ||
4-25, or 5-740 of the Juvenile Court Act of 1987 for children | ||
who were youth in care for 12 months immediately prior to the | ||
appointment of the guardian. | ||
The amount of assistance may vary, depending upon the | ||
needs of the child and the adoptive parents, as set forth in | ||
the annual assistance agreement. Special purpose grants are | ||
allowed where the child requires special service but such | ||
costs may not exceed the amounts which similar services would | ||
cost the Department if it were to provide or secure them as |
guardian of the child. | ||
Any financial assistance provided under this subsection is | ||
inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any other remedy for recovery or collection of | ||
a judgment or debt. | ||
(j-5) The Department shall not deny or delay the placement | ||
of a child for adoption if an approved family is available | ||
either outside of the Department region handling the case, or | ||
outside of the State of Illinois. | ||
(k) The Department shall accept for care and training any | ||
child who has been adjudicated neglected or abused, or | ||
dependent committed to it pursuant to the Juvenile Court Act | ||
or the Juvenile Court Act of 1987. | ||
(l) The Department shall offer family preservation | ||
services, as defined in Section 8.2 of the Abused and | ||
Neglected Child Reporting Act, to help families, including | ||
adoptive and extended families. Family preservation services | ||
shall be offered (i) to prevent the placement of children in | ||
substitute care when the children can be cared for at home or | ||
in the custody of the person responsible for the children's | ||
welfare, (ii) to reunite children with their families, or | ||
(iii) to maintain an adoptive placement. Family preservation | ||
services shall only be offered when doing so will not endanger | ||
the children's health or safety. With respect to children who | ||
are in substitute care pursuant to the Juvenile Court Act of | ||
1987, family preservation services shall not be offered if a |
goal other than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28 of that Act has been set, except | ||
that reunification services may be offered as provided in | ||
paragraph (F) of subsection (2) of Section 2-28 of that Act. | ||
Nothing in this paragraph shall be construed to create a | ||
private right of action or claim on the part of any individual | ||
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available. | ||
The Department shall notify the child and the child's | ||
family of the Department's responsibility to offer and provide | ||
family preservation services as identified in the service | ||
plan. The child and the child's family shall be eligible for | ||
services as soon as the report is determined to be | ||
"indicated". The Department may offer services to any child or | ||
family with respect to whom a report of suspected child abuse | ||
or neglect has been filed, prior to concluding its | ||
investigation under Section 7.12 of the Abused and Neglected | ||
Child Reporting Act. However, the child's or family's | ||
willingness to accept services shall not be considered in the | ||
investigation. The Department may also provide services to any |
child or family who is the subject of any report of suspected | ||
child abuse or neglect or may refer such child or family to | ||
services available from other agencies in the community, even | ||
if the report is determined to be unfounded, if the conditions | ||
in the child's or family's home are reasonably likely to | ||
subject the child or family to future reports of suspected | ||
child abuse or neglect. Acceptance of such services shall be | ||
voluntary. The Department may also provide services to any | ||
child or family after completion of a family assessment, as an | ||
alternative to an investigation, as provided under the | ||
"differential response program" provided for in subsection | ||
(a-5) of Section 7.4 of the Abused and Neglected Child | ||
Reporting Act. | ||
The Department may, at its discretion except for those | ||
children also adjudicated neglected or dependent, accept for | ||
care and training any child who has been adjudicated addicted, | ||
as a truant minor in need of supervision or as a minor | ||
requiring authoritative intervention, under the Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child shall | ||
be committed to the Department by any court without the | ||
approval of the Department. On and after January 1, 2015 (the | ||
effective date of Public Act 98-803) and before January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of | ||
or committed to the Department by any court, except (i) a minor |
less than 16 years of age committed to the Department under | ||
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition | ||
to reinstate wardship pursuant to subsection (2) of Section | ||
2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of | ||
or committed to the Department by any court, except (i) a minor | ||
less than 15 years of age committed to the Department under | ||
Section 5-710 of the Juvenile Court Act of 1987, ( ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition | ||
to reinstate wardship pursuant to subsection (2) of Section | ||
2-33 of the Juvenile Court Act of 1987. An independent basis | ||
exists when the allegations or adjudication of abuse, neglect, | ||
or dependency do not arise from the same facts, incident, or | ||
circumstances which give rise to a charge or adjudication of | ||
delinquency. The Department shall assign a caseworker to | ||
attend any hearing involving a youth in the care and custody of | ||
the Department who is placed on aftercare release, including | ||
hearings involving sanctions for violation of aftercare | ||
release conditions and aftercare release revocation hearings. |
As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and | ||
stress of caring for a child who has been diagnosed with a | ||
pervasive developmental disorder if the Department determines | ||
that those services are necessary to ensure the health and | ||
safety of the child. The Department may offer services to any | ||
family whether or not a report has been filed under the Abused | ||
and Neglected Child Reporting Act. The Department may refer | ||
the child or family to services available from other agencies | ||
in the community if the conditions in the child's or family's | ||
home are reasonably likely to subject the child or family to | ||
future reports of suspected child abuse or neglect. Acceptance | ||
of these services shall be voluntary. The Department shall | ||
develop and implement a public information campaign to alert | ||
health and social service providers and the general public | ||
about these special family preservation services. The nature | ||
and scope of the services offered and the number of families | ||
served under the special program implemented under this | ||
paragraph shall be determined by the level of funding that the | ||
Department annually allocates for this purpose. The term | ||
"pervasive developmental disorder" under this paragraph means | ||
a neurological condition, including, but not limited to, | ||
Asperger's Syndrome and autism, as defined in the most recent |
edition of the Diagnostic and Statistical Manual of Mental | ||
Disorders of the American Psychiatric Association. | ||
(l-1) The General Assembly recognizes that the best | ||
interests of the child require that the child be placed in the | ||
most permanent living arrangement as soon as is practically | ||
possible. To achieve this goal, the General Assembly directs | ||
the Department of Children and Family Services to conduct | ||
concurrent planning so that permanency may occur at the | ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of placement of a child outside the home of | ||
the family when the child can be cared for at home without | ||
endangering the child's health or safety; reunification with | ||
the family, when safe and appropriate, if temporary placement | ||
is necessary; or movement of the child toward the most | ||
permanent living arrangement and permanent legal status. | ||
When determining reasonable efforts to be made with | ||
respect to a child, as described in this subsection, and in | ||
making such reasonable efforts, the child's health and safety | ||
shall be the paramount concern. | ||
When a child is placed in foster care, the Department | ||
shall ensure and document that reasonable efforts were made to | ||
prevent or eliminate the need to remove the child from the | ||
child's home. The Department must make reasonable efforts to | ||
reunify the family when temporary placement of the child | ||
occurs unless otherwise required, pursuant to the Juvenile | ||
Court Act of 1987. At any time after the dispositional hearing |
where the Department believes that further reunification | ||
services would be ineffective, it may request a finding from | ||
the court that reasonable efforts are no longer appropriate. | ||
The Department is not required to provide further | ||
reunification services after such a finding. | ||
A decision to place a child in substitute care shall be | ||
made with considerations of the child's health, safety, and | ||
best interests. At the time of placement, consideration should | ||
also be given so that if reunification fails or is delayed, the | ||
placement made is the best available placement to provide | ||
permanency for the child. | ||
The Department shall adopt rules addressing concurrent | ||
planning for reunification and permanency. The Department | ||
shall consider the following factors when determining | ||
appropriateness of concurrent planning: | ||
(1) the likelihood of prompt reunification; | ||
(2) the past history of the family; | ||
(3) the barriers to reunification being addressed by | ||
the family; | ||
(4) the level of cooperation of the family; | ||
(5) the foster parents' willingness to work with the | ||
family to reunite; | ||
(6) the willingness and ability of the foster family | ||
to provide an adoptive home or long-term placement; | ||
(7) the age of the child; | ||
(8) placement of siblings. |
(m) The Department may assume temporary custody of any | ||
child if: | ||
(1) it has received a written consent to such | ||
temporary custody signed by the parents of the child or by | ||
the parent having custody of the child if the parents are | ||
not living together or by the guardian or custodian of the | ||
child if the child is not in the custody of either parent, | ||
or | ||
(2) the child is found in the State and neither a | ||
parent, guardian nor custodian of the child can be | ||
located. | ||
If the child is found in the child's residence without a | ||
parent, guardian, custodian, or responsible caretaker, the | ||
Department may, instead of removing the child and assuming | ||
temporary custody, place an authorized representative of the | ||
Department in that residence until such time as a parent, | ||
guardian, or custodian enters the home and expresses a | ||
willingness and apparent ability to ensure the child's health | ||
and safety and resume permanent charge of the child, or until a | ||
relative enters the home and is willing and able to ensure the | ||
child's health and safety and assume charge of the child until | ||
a parent, guardian, or custodian enters the home and expresses | ||
such willingness and ability to ensure the child's safety and | ||
resume permanent charge. After a caretaker has remained in the | ||
home for a period not to exceed 12 hours, the Department must | ||
follow those procedures outlined in Section 2-9, 3-11, 4-8, or |
5-415 of the Juvenile Court Act of 1987. | ||
The Department shall have the authority, responsibilities | ||
and duties that a legal custodian of the child would have | ||
pursuant to subsection (9) of Section 1-3 of the Juvenile | ||
Court Act of 1987. Whenever a child is taken into temporary | ||
custody pursuant to an investigation under the Abused and | ||
Neglected Child Reporting Act, or pursuant to a referral and | ||
acceptance under the Juvenile Court Act of 1987 of a minor in | ||
limited custody, the Department, during the period of | ||
temporary custody and before the child is brought before a | ||
judicial officer as required by Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act of 1987, shall have the | ||
authority, responsibilities and duties that a legal custodian | ||
of the child would have under subsection (9) of Section 1-3 of | ||
the Juvenile Court Act of 1987. | ||
The Department shall ensure that any child taken into | ||
custody is scheduled for an appointment for a medical | ||
examination. | ||
A parent, guardian, or custodian of a child in the | ||
temporary custody of the Department who would have custody of | ||
the child if the child were not in the temporary custody of the | ||
Department may deliver to the Department a signed request that | ||
the Department surrender the temporary custody of the child. | ||
The Department may retain temporary custody of the child for | ||
10 days after the receipt of the request, during which period | ||
the Department may cause to be filed a petition pursuant to the |
Juvenile Court Act of 1987. If a petition is so filed, the | ||
Department shall retain temporary custody of the child until | ||
the court orders otherwise. If a petition is not filed within | ||
the 10-day period, the child shall be surrendered to the | ||
custody of the requesting parent, guardian, or custodian not | ||
later than the expiration of the 10-day period, at which time | ||
the authority and duties of the Department with respect to the | ||
temporary custody of the child shall terminate. | ||
(m-1) The Department may place children under 18 years of | ||
age in a secure child care facility licensed by the Department | ||
that cares for children who are in need of secure living | ||
arrangements for their health, safety, and well-being after a | ||
determination is made by the facility director and the | ||
Director or the Director's designate prior to admission to the | ||
facility subject to Section 2-27.1 of the Juvenile Court Act | ||
of 1987. This subsection (m-1) does not apply to a child who is | ||
subject to placement in a correctional facility operated | ||
pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||
unless the child is a youth in care who was placed in the care | ||
of the Department before being subject to placement in a | ||
correctional facility and a court of competent jurisdiction | ||
has ordered placement of the child in a secure care facility. | ||
(n) The Department may place children under 18 years of | ||
age in licensed child care facilities when in the opinion of | ||
the Department, appropriate services aimed at family | ||
preservation have been unsuccessful and cannot ensure the |
child's health and safety or are unavailable and such | ||
placement would be for their best interest. Payment for board, | ||
clothing, care, training and supervision of any child placed | ||
in a licensed child care facility may be made by the | ||
Department, by the parents or guardians of the estates of | ||
those children, or by both the Department and the parents or | ||
guardians, except that no payments shall be made by the | ||
Department for any child placed in a licensed child care | ||
facility for board, clothing, care, training , and supervision | ||
of such a child that exceed the average per capita cost of | ||
maintaining and of caring for a child in institutions for | ||
dependent or neglected children operated by the Department. | ||
However, such restriction on payments does not apply in cases | ||
where children require specialized care and treatment for | ||
problems of severe emotional disturbance, physical disability, | ||
social adjustment, or any combination thereof and suitable | ||
facilities for the placement of such children are not | ||
available at payment rates within the limitations set forth in | ||
this Section. All reimbursements for services delivered shall | ||
be absolutely inalienable by assignment, sale, attachment, or | ||
garnishment or otherwise. | ||
(n-1) The Department shall provide or authorize child | ||
welfare services, aimed at assisting minors to achieve | ||
sustainable self-sufficiency as independent adults, for any | ||
minor eligible for the reinstatement of wardship pursuant to | ||
subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987, whether or not such reinstatement is sought or allowed, | ||
provided that the minor consents to such services and has not | ||
yet attained the age of 21. The Department shall have | ||
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services | ||
under this Section through the Department of Children and | ||
Family Services or by referral from the Department of Human | ||
Services. Youth participating in services under this Section | ||
shall cooperate with the assigned case manager in developing | ||
an agreement identifying the services to be provided and how | ||
the youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. | ||
The Department of Children and Family Services shall create | ||
clear, readable notice of the rights of former foster youth to | ||
child welfare services under this Section and how such | ||
services may be obtained. The Department of Children and | ||
Family Services and the Department of Human Services shall | ||
disseminate this information statewide. The Department shall | ||
adopt regulations describing services intended to assist | ||
minors in achieving sustainable self-sufficiency as | ||
independent adults. |
(o) The Department shall establish an administrative | ||
review and appeal process for children and families who | ||
request or receive child welfare services from the Department. | ||
Youth in care who are placed by private child welfare | ||
agencies, and foster families with whom those youth are | ||
placed, shall be afforded the same procedural and appeal | ||
rights as children and families in the case of placement by the | ||
Department, including the right to an initial review of a | ||
private agency decision by that agency. The Department shall | ||
ensure that any private child welfare agency, which accepts | ||
youth in care for placement, affords those rights to children | ||
and foster families. The Department shall accept for | ||
administrative review and an appeal hearing a complaint made | ||
by (i) a child or foster family concerning a decision | ||
following an initial review by a private child welfare agency | ||
or (ii) a prospective adoptive parent who alleges a violation | ||
of subsection (j-5) of this Section. An appeal of a decision | ||
concerning a change in the placement of a child shall be | ||
conducted in an expedited manner. A court determination that a | ||
current foster home placement is necessary and appropriate | ||
under Section 2-28 of the Juvenile Court Act of 1987 does not | ||
constitute a judicial determination on the merits of an | ||
administrative appeal, filed by a former foster parent, | ||
involving a change of placement decision. | ||
(p) (Blank). | ||
(q) The Department may receive and use, in their entirety, |
for the benefit of children any gift, donation, or bequest of | ||
money or other property which is received on behalf of such | ||
children, or any financial benefits to which such children are | ||
or may become entitled while under the jurisdiction or care of | ||
the Department, except that the benefits described in Section | ||
5.46 must be used and conserved consistent with the provisions | ||
under Section 5.46. | ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions for children for whom the Department is legally | ||
responsible and who have been determined eligible for | ||
Veterans' Benefits, Social Security benefits, assistance | ||
allotments from the armed forces, court ordered payments, | ||
parental voluntary payments, Supplemental Security Income, | ||
Railroad Retirement payments, Black Lung benefits, or other | ||
miscellaneous payments. Interest earned by each account shall | ||
be credited to the account, unless disbursed in accordance | ||
with this subsection. | ||
In disbursing funds from children's accounts, the | ||
Department shall: | ||
(1) Establish standards in accordance with State and | ||
federal laws for disbursing money from children's | ||
accounts. In all circumstances, the Department's | ||
Guardianship Administrator or the Guardianship | ||
Administrator's designee must approve disbursements from | ||
children's accounts. The Department shall be responsible |
for keeping complete records of all disbursements for each | ||
account for any purpose. | ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the child's board and care, medical care | ||
not covered under Medicaid, and social services; and | ||
utilize funds from the child's account, as covered by | ||
regulation, to reimburse those costs. Monthly, | ||
disbursements from all children's accounts, up to 1/12 of | ||
$13,000,000, shall be deposited by the Department into the | ||
General Revenue Fund and the balance over 1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund. | ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs of care, as specified in item (2). | ||
The balance shall accumulate in accordance with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or the child's guardian , or to the issuing agency. | ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption agencies to voluntarily forward to | ||
the Department or its agent names and addresses of all persons | ||
who have applied for and have been approved for adoption of a | ||
hard-to-place child or child with a disability and the names | ||
of such children who have not been placed for adoption. A list | ||
of such names and addresses shall be maintained by the | ||
Department or its agent, and coded lists which maintain the | ||
confidentiality of the person seeking to adopt the child and | ||
of the child shall be made available, without charge, to every |
adoption agency in the State to assist the agencies in placing | ||
such children for adoption. The Department may delegate to an | ||
agent its duty to maintain and make available such lists. The | ||
Department shall ensure that such agent maintains the | ||
confidentiality of the person seeking to adopt the child and | ||
of the child. | ||
(s) The Department of Children and Family Services may | ||
establish and implement a program to reimburse Department and | ||
private child welfare agency foster parents licensed by the | ||
Department of Children and Family Services for damages | ||
sustained by the foster parents as a result of the malicious or | ||
negligent acts of foster children, as well as providing third | ||
party coverage for such foster parents with regard to actions | ||
of foster children to other individuals. Such coverage will be | ||
secondary to the foster parent liability insurance policy, if | ||
applicable. The program shall be funded through appropriations | ||
from the General Revenue Fund, specifically designated for | ||
such purposes. | ||
(t) The Department shall perform home studies and | ||
investigations and shall exercise supervision over visitation | ||
as ordered by a court pursuant to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption Act only if: | ||
(1) an order entered by an Illinois court specifically | ||
directs the Department to perform such services; and | ||
(2) the court has ordered one or both of the parties to | ||
the proceeding to reimburse the Department for its |
reasonable costs for providing such services in accordance | ||
with Department rules, or has determined that neither | ||
party is financially able to pay. | ||
The Department shall provide written notification to the | ||
court of the specific arrangements for supervised visitation | ||
and projected monthly costs within 60 days of the court order. | ||
The Department shall send to the court information related to | ||
the costs incurred except in cases where the court has | ||
determined the parties are financially unable to pay. The | ||
court may order additional periodic reports as appropriate. | ||
(u) In addition to other information that must be | ||
provided, whenever the Department places a child with a | ||
prospective adoptive parent or parents, in a licensed foster | ||
home, group home, or child care institution, or in a relative | ||
home, the Department shall provide to the prospective adoptive | ||
parent or parents or other caretaker: | ||
(1) available detailed information concerning the | ||
child's educational and health history, copies of | ||
immunization records (including insurance and medical card | ||
information), a history of the child's previous | ||
placements, if any, and reasons for placement changes | ||
excluding any information that identifies or reveals the | ||
location of any previous caretaker; | ||
(2) a copy of the child's portion of the client | ||
service plan, including any visitation arrangement, and | ||
all amendments or revisions to it as related to the child; |
and | ||
(3) information containing details of the child's | ||
individualized educational plan when the child is | ||
receiving special education services. | ||
The caretaker shall be informed of any known social or | ||
behavioral information (including, but not limited to, | ||
criminal background, fire setting, perpetuation of sexual | ||
abuse, destructive behavior, and substance abuse) necessary to | ||
care for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection. | ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a |
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker | ||
shall be reviewed and approved regarding accuracy at the | ||
supervisory level. | ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to receive foster care payments from | ||
the Department. Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved relative placement rules | ||
previously promulgated by the Department at 89 Ill. Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family home may continue to receive foster care payments only | ||
until the Department determines that they may be licensed as a | ||
foster family home or that their application for licensure is | ||
denied or until September 30, 1995, whichever occurs first. | ||
(v) The Department shall access criminal history record | ||
information as defined in the Illinois Uniform Conviction | ||
Information Act and information maintained in the adjudicatory | ||
and dispositional record system as defined in Section 2605-355 | ||
of the Illinois State Police Law if the Department determines | ||
the information is necessary to perform its duties under the | ||
Abused and Neglected Child Reporting Act, the Child Care Act |
of 1969, and the Children and Family Services Act. The | ||
Department shall provide for interactive computerized | ||
communication and processing equipment that permits direct | ||
on-line communication with the Illinois State Police's central | ||
criminal history data repository. The Department shall comply | ||
with all certification requirements and provide certified | ||
operators who have been trained by personnel from the Illinois | ||
State Police. In addition, one Office of the Inspector General | ||
investigator shall have training in the use of the criminal | ||
history information access system and have access to the | ||
terminal. The Department of Children and Family Services and | ||
its employees shall abide by rules and regulations established | ||
by the Illinois State Police relating to the access and | ||
dissemination of this information. | ||
(v-1) Prior to final approval for placement of a child, | ||
the Department shall conduct a criminal records background | ||
check of the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted | ||
if the record check reveals a felony conviction for child | ||
abuse or neglect, for spousal abuse, for a crime against | ||
children, or for a crime involving violence, including rape, | ||
sexual assault, or homicide, but not including other physical | ||
assault or battery, or if there is a felony conviction for | ||
physical assault, battery, or a drug-related offense committed | ||
within the past 5 years. |
(v-2) Prior to final approval for placement of a child, | ||
the Department shall check its child abuse and neglect | ||
registry for information concerning prospective foster and | ||
adoptive parents, and any adult living in the home. If any | ||
prospective foster or adoptive parent or other adult living in | ||
the home has resided in another state in the preceding 5 years, | ||
the Department shall request a check of that other state's | ||
child abuse and neglect registry. | ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act 89-392), the Department shall prepare and submit | ||
to the Governor and the General Assembly, a written plan for | ||
the development of in-state licensed secure child care | ||
facilities that care for children who are in need of secure | ||
living arrangements for their health, safety, and well-being. | ||
For purposes of this subsection, secure care facility shall | ||
mean a facility that is designed and operated to ensure that | ||
all entrances and exits from the facility, a building or a | ||
distinct part of the building, are under the exclusive control | ||
of the staff of the facility, whether or not the child has the | ||
freedom of movement within the perimeter of the facility, | ||
building, or distinct part of the building. The plan shall | ||
include descriptions of the types of facilities that are | ||
needed in Illinois; the cost of developing these secure care | ||
facilities; the estimated number of placements; the potential | ||
cost savings resulting from the movement of children currently | ||
out-of-state who are projected to be returned to Illinois; the |
necessary geographic distribution of these facilities in | ||
Illinois; and a proposed timetable for development of such | ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of | ||
1987. The Department shall conduct such credit checks starting | ||
when a youth in care turns 12 years old and each year | ||
thereafter for the duration of the guardianship as terminated | ||
pursuant to the Juvenile Court Act of 1987. The Department | ||
shall determine if financial exploitation of the child's | ||
personal information has occurred. If financial exploitation | ||
appears to have taken place or is presently ongoing, the | ||
Department shall notify the proper law enforcement agency, the | ||
proper State's Attorney, or the Attorney General. | ||
(y) Beginning on July 22, 2010 (the effective date of | ||
Public Act 96-1189), a child with a disability who receives | ||
residential and educational services from the Department shall | ||
be eligible to receive transition services in accordance with | ||
Article 14 of the School Code from the age of 14.5 through age | ||
21, inclusive, notwithstanding the child's residential | ||
services arrangement. For purposes of this subsection, "child | ||
with a disability" means a child with a disability as defined | ||
by the federal Individuals with Disabilities Education | ||
Improvement Act of 2004. | ||
(z) The Department shall access criminal history record |
information as defined as "background information" in this | ||
subsection and criminal history record information as defined | ||
in the Illinois Uniform Conviction Information Act for each | ||
Department employee or Department applicant. Each Department | ||
employee or Department applicant shall submit the employee's | ||
or applicant's fingerprints to the Illinois State Police in | ||
the form and manner prescribed by the Illinois State Police. | ||
These fingerprints shall be checked against the fingerprint | ||
records now and hereafter filed in the Illinois State Police | ||
and the Federal Bureau of Investigation criminal history | ||
records databases. The Illinois State Police shall charge a | ||
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 record check. The | ||
Illinois State Police shall furnish, pursuant to positive | ||
identification, all Illinois conviction information to the | ||
Department of Children and Family Services. | ||
For purposes of this subsection: | ||
"Background information" means all of the following: | ||
(i) Upon the request of the Department of Children and | ||
Family Services, conviction information obtained from the | ||
Illinois State Police as a result of a fingerprint-based | ||
criminal history records check of the Illinois criminal | ||
history records database and the Federal Bureau of | ||
Investigation criminal history records database concerning | ||
a Department employee or Department applicant. |
(ii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Illinois State Police's Sex Offender Database, as | ||
authorized by Section 120 of the Sex Offender Community | ||
Notification Law, concerning a Department employee or | ||
Department applicant. | ||
(iii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Child Abuse and Neglect Tracking System (CANTS) | ||
operated and maintained by the Department. | ||
"Department employee" means a full-time or temporary | ||
employee coded or certified within the State of Illinois | ||
Personnel System. | ||
"Department applicant" means an individual who has | ||
conditional Department full-time or part-time work, a | ||
contractor, an individual used to replace or supplement staff, | ||
an academic intern, a volunteer in Department offices or on | ||
Department contracts, a work-study student, an individual or | ||
entity licensed by the Department, or an unlicensed service | ||
provider who works as a condition of a contract or an agreement | ||
and whose work may bring the unlicensed service provider into | ||
contact with Department clients or client records. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff. | ||
1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.) |
(20 ILCS 505/5d) | ||
Sec. 5d. The Direct Child Welfare Service Employee License | ||
Board. | ||
(a) For purposes of this Section: | ||
(1) "Board" means the Direct Child Welfare Service | ||
Employee License Board. | ||
(2) "Director" means the Director of Children and | ||
Family Services. | ||
(b) The Direct Child Welfare Service Employee License | ||
Board is created within the Department of Children and Family | ||
Services and shall consist of 9 members appointed by the | ||
Director. The Director shall annually designate a chairperson | ||
and vice-chairperson of the Board. The membership of the Board | ||
must be composed as follows: (i) 5 licensed professionals from | ||
the field of human services with a human services, juris | ||
doctor, medical, public administration, or other relevant | ||
human services degree and who are in good standing within | ||
their profession, at least 2 of which must be employed in the | ||
private not-for-profit sector and at least one of which in the | ||
public sector; (ii) 2 faculty members of an accredited | ||
university who have child welfare experience and are in good | ||
standing within their profession ; and (iii) 2 members of the | ||
general public who are not licensed under this Act or a similar | ||
rule and will represent consumer interests. | ||
In making the first appointments, the Director shall | ||
appoint 3 members to serve for a term of one year, 3 members to |
serve for a term of 2 years, and 3 members to serve for a term | ||
of 3 years, or until their successors are appointed and | ||
qualified. Their successors shall be appointed to serve 3-year | ||
terms, or until their successors are appointed and qualified. | ||
Appointments to fill unexpired vacancies shall be made in the | ||
same manner as original appointments. No member may be | ||
reappointed if a reappointment would cause that member to | ||
serve on the Board for longer than 6 consecutive years. Board | ||
membership must have reasonable representation from different | ||
geographic areas of Illinois, and all members must be | ||
residents of this State. | ||
The Director may terminate the appointment of any member | ||
for good cause, including , but not limited to : (i) unjustified | ||
absences from Board meetings or other failure to meet Board | ||
responsibilities, (ii) failure to recuse oneself when required | ||
by subsection (c) of this Section or Department rule, or (iii) | ||
failure to maintain the professional position required by | ||
Department rule. No member of the Board may have a pending or | ||
indicated report of child abuse or neglect or a pending | ||
complaint or criminal conviction of any of the offenses set | ||
forth in paragraph (b) of Section 4.2 of the Child Care Act of | ||
1969. | ||
The members of the Board shall receive no compensation for | ||
the performance of their duties as members, but each member | ||
shall be reimbursed for the member's reasonable and necessary | ||
expenses incurred in attending the meetings of the Board. |
(c) The Board shall make recommendations to the Director | ||
regarding licensure rules. Board members must recuse | ||
themselves from sitting on any matter involving an employee of | ||
a child welfare agency at which the Board member is an employee | ||
or contractual employee. The Board shall make a final | ||
determination concerning revocation, suspension, or | ||
reinstatement of an employee's direct child welfare service | ||
license after a hearing conducted under the Department's | ||
rules. Upon notification of the manner of the vote to all the | ||
members, votes on a final determination may be cast in person, | ||
by telephonic or electronic means, or by mail at the | ||
discretion of the chairperson. A simple majority of the | ||
members appointed and serving is required when Board members | ||
vote by mail or by telephonic or electronic means. A majority | ||
of the currently appointed and serving Board members | ||
constitutes a quorum. A majority of a quorum is required when a | ||
recommendation is voted on during a Board meeting. A vacancy | ||
in the membership of the Board shall not impair the right of a | ||
quorum to perform all the duties of the Board. Board members | ||
are not personally liable in any action based upon a | ||
disciplinary proceeding or otherwise for any action taken in | ||
good faith as a member of the Board. | ||
(d) The Director may assign Department employees to | ||
provide staffing services to the Board. The Department must | ||
promulgate any rules necessary to implement and administer the | ||
requirements of this Section. |
(Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23; | ||
revised 9-25-23.) | ||
(20 ILCS 505/7.4) | ||
Sec. 7.4. Development and preservation of sibling | ||
relationships for children in care; placement of siblings; | ||
contact among siblings placed apart. | ||
(a) Purpose and policy. The General Assembly recognizes | ||
that sibling relationships are unique and essential for a | ||
person, but even more so for children who are removed from the | ||
care of their families and placed in the State child welfare | ||
system. When family separation occurs through State | ||
intervention, every effort must be made to preserve, support , | ||
and nurture sibling relationships when doing so is in the best | ||
interest of each sibling. It is in the interests of foster | ||
children who are part of a sibling group to enjoy contact with | ||
one another, as long as the contact is in each child's best | ||
interest. This is true both while the siblings are in State | ||
care and after one or all of the siblings leave State care | ||
through adoption, guardianship, or aging out. | ||
(b) Definitions. For purposes of this Section: | ||
(1) Whenever a best interest determination is required | ||
by this Section, the Department shall consider the factors | ||
set out in subsection (4.05) of Section 1-3 of the | ||
Juvenile Court Act of 1987 and the Department's rules | ||
regarding Sibling Placement, 89 Ill. Adm. Code 301.70 , and |
Sibling Visitation, 89 Ill. Adm. Code 301.220, and the | ||
Department's rules regarding Placement Selection Criteria, | ||
89 Ill. Adm. Code 301.60. | ||
(2) "Adopted child" means a child who, immediately | ||
preceding the adoption, was in the custody or guardianship | ||
of the Illinois Department of Children and Family Services | ||
under Article II of the Juvenile Court Act of 1987. | ||
(3) "Adoptive parent" means a person who has become a | ||
parent through the legal process of adoption. | ||
(4) "Child" means a person in the temporary custody or | ||
guardianship of the Department who is under the age of 21. | ||
(5) "Child placed in private guardianship" means a | ||
child who, immediately preceding the guardianship, was in | ||
the custody or guardianship of the Illinois Department of | ||
Children and Family Services under Article II of the | ||
Juvenile Court Act of 1987 . | ||
(6) "Contact" may include, but is not limited to , | ||
visits, telephone calls, letters, sharing of photographs | ||
or information, e-mails, video conferencing, and other | ||
forms form of communication or contact. | ||
(7) "Legal guardian" means a person who has become the | ||
legal guardian of a child who, immediately prior to the | ||
guardianship, was in the custody or guardianship of the | ||
Illinois Department of Children and Family Services under | ||
Article II of the Juvenile Court Act of 1987. | ||
(8) "Parent" means the child's mother or father who is |
named as the respondent in proceedings conducted under | ||
Article II of the Juvenile Court Act of 1987. | ||
(9) "Post Permanency Sibling Contact" means contact | ||
between siblings following the entry of a Judgment Order | ||
for Adoption under Section 14 of the Adoption Act | ||
regarding at least one sibling or an Order for | ||
Guardianship appointing a private guardian under Section | ||
2-27 of or the Juvenile Court Act of 1987, regarding at | ||
least one sibling. Post Permanency Sibling Contact may | ||
include, but is not limited to, visits, telephone calls, | ||
letters, sharing of photographs or information, emails, | ||
video conferencing, and other forms of communication or | ||
connection agreed to by the parties to a Post Permanency | ||
Sibling Contact Agreement. | ||
(10) "Post Permanency Sibling Contact Agreement" means | ||
a written agreement between the adoptive parent or | ||
parents, the child, and the child's sibling regarding post | ||
permanency contact between the adopted child and the | ||
child's sibling, or a written agreement between the legal | ||
guardians, the child, and the child's sibling regarding | ||
post permanency contact between the child placed in | ||
guardianship and the child's sibling. The Post Permanency | ||
Sibling Contact Agreement may specify the nature and | ||
frequency of contact between the adopted child or child | ||
placed in guardianship and the child's sibling following | ||
the entry of the Judgment Order for Adoption or Order for |
Private Guardianship. The Post Permanency Sibling Contact | ||
Agreement may be supported by services as specified in | ||
this Section. The Post Permanency Sibling Contact | ||
Agreement is voluntary on the part of the parties to the | ||
Post Permanency Sibling Contact Agreement and is not a | ||
requirement for finalization of the child's adoption or | ||
guardianship. The Post Permanency Sibling Contract | ||
Agreement shall not be enforceable in any court of law or | ||
administrative forum and no cause of action shall be | ||
brought to enforce the Agreement. When entered into, the | ||
Post Permanency Sibling Contact Agreement shall be placed | ||
in the child's Post Adoption or Guardianship case record | ||
and in the case file of a sibling who is a party to the | ||
agreement and who remains in the Department's custody or | ||
guardianship. | ||
(11) "Sibling Contact Support Plan" means a written | ||
document that sets forth the plan for future contact | ||
between siblings who are in the Department's care and | ||
custody and residing separately. The goal of the Support | ||
Plan is to develop or preserve and nurture the siblings' | ||
relationships. The Support Plan shall set forth the role | ||
of the foster parents, caregivers, and others in | ||
implementing the Support Plan. The Support Plan must meet | ||
the minimum standards regarding frequency of in-person | ||
visits provided for in Department rule. | ||
(12) "Siblings" means children who share at least one |
parent in common. This definition of siblings applies | ||
solely for purposes of placement and contact under this | ||
Section. For purposes of this Section, children who share | ||
at least one parent in common continue to be siblings | ||
after their parent's parental rights are terminated, if | ||
parental rights were terminated while a petition under | ||
Article II of the Juvenile Court Act of 1987 was pending. | ||
For purposes of this Section, children who share at least | ||
one parent in common continue to be siblings after a | ||
sibling is adopted or placed in private guardianship when | ||
the adopted child or child placed in private guardianship | ||
was in the Department's custody or guardianship under | ||
Article II of the Juvenile Court Act of 1987 immediately | ||
prior to the adoption or private guardianship. For | ||
children who have been in the guardianship of the | ||
Department under Article II of the Juvenile Court Act of | ||
1987, have been adopted, and are subsequently returned to | ||
the temporary custody or guardianship of the Department | ||
under Article II of the Juvenile Court Act of 1987, | ||
"siblings" includes a person who would have been | ||
considered a sibling prior to the adoption and siblings | ||
through adoption. | ||
(c) No later than January 1, 2013, the Department shall | ||
promulgate rules addressing the development and preservation | ||
of sibling relationships. The rules shall address, at a | ||
minimum: |
(1) Recruitment, licensing, and support of foster | ||
parents willing and capable of either fostering sibling | ||
groups or supporting and being actively involved in | ||
planning and executing sibling contact for siblings placed | ||
apart. The rules shall address training for foster | ||
parents, licensing workers, placement workers, and others | ||
as deemed necessary. | ||
(2) Placement selection for children who are separated | ||
from their siblings and how to best promote placements of | ||
children with foster parents or programs that can meet the | ||
children's needs, including the need to develop and | ||
maintain contact with siblings. | ||
(3) State-supported guidance to siblings who have aged | ||
out of State state care regarding positive engagement with | ||
siblings. | ||
(4) Implementation of Post Permanency Sibling Contact | ||
Agreements for children exiting State care, including | ||
services offered by the Department to encourage and assist | ||
parties in developing agreements, services offered by the | ||
Department post permanency to support parties in | ||
implementing and maintaining agreements, and including | ||
services offered by the Department post permanency to | ||
assist parties in amending agreements as necessary to meet | ||
the needs of the children. | ||
(5) Services offered by the Department for children | ||
who exited foster care prior to the availability of Post |
Permanency Sibling Contact Agreements, to invite willing | ||
parties to participate in a facilitated discussion, | ||
including, but not limited to, a mediation or joint team | ||
decision-making meeting, to explore sibling contact. | ||
(d) The Department shall develop a form to be provided to | ||
youth entering care and exiting care explaining their rights | ||
and responsibilities related to sibling visitation while in | ||
care and post permanency. | ||
(e) Whenever a child enters care or requires a new | ||
placement, the Department shall consider the development and | ||
preservation of sibling relationships. | ||
(1) This subsection applies when a child entering care | ||
or requiring a change of placement has siblings who are in | ||
the custody or guardianship of the Department. When a | ||
child enters care or requires a new placement, the | ||
Department shall examine its files and other available | ||
resources and determine whether a sibling of that child is | ||
in the custody or guardianship of the Department. If the | ||
Department determines that a sibling is in its custody or | ||
guardianship, the Department shall then determine whether | ||
it is in the best interests of each of the siblings for the | ||
child needing placement to be placed with the sibling. If | ||
the Department determines that it is in the best interest | ||
of each sibling to be placed together, and the sibling's | ||
foster parent is able and willing to care for the child | ||
needing placement, the Department shall place the child |
needing placement with the sibling. A determination that | ||
it is not in a child's best interest to be placed with a | ||
sibling shall be made in accordance with Department rules, | ||
and documented in the file of each sibling. | ||
(2) This subsection applies when a child who is | ||
entering care has siblings who have been adopted or placed | ||
in private guardianship. When a child enters care, the | ||
Department shall examine its files and other available | ||
resources, including consulting with the child's parents, | ||
to determine whether a sibling of the child was adopted or | ||
placed in private guardianship from State care. The | ||
Department shall determine, in consultation with the | ||
child's parents, whether it would be in the child's best | ||
interests to explore placement with the adopted sibling or | ||
sibling in guardianship. Unless the parent objects, if the | ||
Department determines it is in the child's best interest | ||
to explore the placement, the Department shall contact the | ||
adoptive parents or guardians of the sibling, determine | ||
whether they are willing to be considered as placement | ||
resources for the child, and, if so, determine whether it | ||
is in the best interests of the child to be placed in the | ||
home with the sibling. If the Department determines that | ||
it is in the child's best interests to be placed in the | ||
home with the sibling, and the sibling's adoptive parents | ||
or guardians are willing and capable, the Department shall | ||
make the placement. A determination that it is not in a |
child's best interest to be placed with a sibling shall be | ||
made in accordance with Department rule, and documented in | ||
the child's file. | ||
(3) This subsection applies when a child in Department | ||
custody or guardianship requires a change of placement, | ||
and the child has siblings who have been adopted or placed | ||
in private guardianship. When a child in care requires a | ||
new placement, the Department may consider placing the | ||
child with the adoptive parent or guardian of a sibling | ||
under the same procedures and standards set forth in | ||
paragraph (2) of this subsection. | ||
(4) When the Department determines it is not in the | ||
best interest of one or more siblings to be placed | ||
together the Department shall ensure that the child | ||
requiring placement is placed in a home or program where | ||
the caregiver is willing and able to be actively involved | ||
in supporting the sibling relationship to the extent doing | ||
so is in the child's best interest. | ||
(f) When siblings in care are placed in separate | ||
placements, the Department shall develop a Sibling Contact | ||
Support Plan. The Department shall convene a meeting to | ||
develop the Support Plan. The meeting shall include, at a | ||
minimum, the case managers for the siblings, the foster | ||
parents or other care providers if a child is in a non-foster | ||
home placement and the child, when developmentally and | ||
clinically appropriate. The Department shall make all |
reasonable efforts to promote the participation of the foster | ||
parents. Parents whose parental rights are intact shall be | ||
invited to the meeting. Others, such as therapists and | ||
mentors, shall be invited as appropriate. The Support Plan | ||
shall set forth future contact and visits between the siblings | ||
to develop or preserve, and nurture the siblings' | ||
relationships. The Support Plan shall set forth the role of | ||
the foster parents and caregivers and others in implementing | ||
the Support Plan. The Support Plan must meet the minimum | ||
standards regarding frequency of in-person visits provided for | ||
in Department rule. The Support Plan will be incorporated in | ||
the child's service plan and reviewed at each administrative | ||
case review. The Support Plan should be modified if one of the | ||
children moves to a new placement, or as necessary to meet the | ||
needs of the children. The Sibling Contact Support Plan for a | ||
child in care may include siblings who are not in the care of | ||
the Department, with the consent and participation of that | ||
child's parent or guardian. | ||
(g) By January 1, 2013, the Department shall develop a | ||
registry so that placement information regarding adopted | ||
siblings and siblings in private guardianship is readily | ||
available to Department and private agency caseworkers | ||
responsible for placing children in the Department's care. | ||
When a child is adopted or placed in private guardianship from | ||
foster care the Department shall inform the adoptive parents | ||
or guardians that they may be contacted in the future |
regarding placement of or contact with siblings subsequently | ||
requiring placement. | ||
(h) When a child is in need of an adoptive placement, the | ||
Department shall examine its files and other available | ||
resources and attempt to determine whether a sibling of the | ||
child has been adopted or placed in private guardianship after | ||
being in the Department's custody or guardianship. If the | ||
Department determines that a sibling of the child has been | ||
adopted or placed in private guardianship, the Department | ||
shall make a good faith effort to locate the adoptive parents | ||
or guardians of the sibling and inform them of the | ||
availability of the child for adoption. The Department may | ||
determine not to inform the adoptive parents or guardians of a | ||
sibling of a child that the child is available for adoption | ||
only for a reason permitted under criteria adopted by the | ||
Department by rule, and documented in the child's case file. | ||
If a child available for adoption has a sibling who has been | ||
adopted or placed in guardianship, and the adoptive parents or | ||
guardians of that sibling apply to adopt the child, the | ||
Department shall consider them as adoptive applicants for the | ||
adoption of the child. The Department's final decision as to | ||
whether it will consent to the adoptive parents or guardians | ||
of a sibling being the adoptive parents of the child shall be | ||
based upon the welfare and best interest of the child. In | ||
arriving at its decision, the Department shall consider all | ||
relevant factors, including, but not limited to: |
(1) the wishes of the child; | ||
(2) the interaction and interrelationship of the child | ||
with the applicant to adopt the child; | ||
(3) the child's need for stability and continuity of | ||
relationship with parent figures; | ||
(4) the child's adjustment to the child's present | ||
home, school, and community; | ||
(5) the mental and physical health of all individuals | ||
involved; | ||
(6) the family ties between the child and the child's | ||
relatives, including siblings; | ||
(7) the background, age, and living arrangements of | ||
the applicant to adopt the child; | ||
(8) a criminal background report of the applicant to | ||
adopt the child. | ||
If placement of the child available for adoption with the | ||
adopted sibling or sibling in private guardianship is not | ||
feasible, but it is in the child's best interest to develop a | ||
relationship with the child's sibling, the Department shall | ||
invite the adoptive parents, guardian, or guardians for a | ||
mediation or joint team decision-making meeting to facilitate | ||
a discussion regarding future sibling contact. | ||
(i) Post Permanency Sibling Contact Agreement. When a | ||
child in the Department's care has a permanency goal of | ||
adoption or private guardianship, and the Department is | ||
preparing to finalize the adoption or guardianship, the |
Department shall convene a meeting with the pre-adoptive | ||
parent or prospective guardian and the case manager for the | ||
child being adopted or placed in guardianship and the foster | ||
parents and case managers for the child's siblings, and others | ||
as applicable. The children should participate as is | ||
developmentally appropriate. Others, such as therapists and | ||
mentors, may participate as appropriate. At the meeting the | ||
Department shall encourage the parties to discuss sibling | ||
contact post permanency. The Department may assist the parties | ||
in drafting a Post Permanency Sibling Contact Agreement. | ||
(1) Parties to the Post Permanency Sibling Contact | ||
Agreement shall include: | ||
(A) The adoptive parent or parents or guardian. | ||
(B) The child's sibling or siblings, parents , or | ||
guardians. | ||
(C) The child. | ||
(2) Consent of child 14 and over. The written consent | ||
of a child age 14 and over to the terms and conditions of | ||
the Post Permanency Sibling Contact Agreement and | ||
subsequent modifications is required. | ||
(3) In developing this Agreement, the Department shall | ||
encourage the parties to consider the following factors: | ||
(A) the physical and emotional safety and welfare | ||
of the child; | ||
(B) the child's wishes; | ||
(C) the interaction and interrelationship of the |
child with the child's sibling or siblings who would | ||
be visiting or communicating with the child, | ||
including: | ||
(i) the quality of the relationship between | ||
the child and the sibling or siblings, and | ||
(ii) the benefits and potential harms to the | ||
child in allowing the relationship or | ||
relationships to continue or in ending them; | ||
(D) the child's sense of attachments to the birth | ||
sibling or siblings and adoptive family, including: | ||
(i) the child's sense of being valued; | ||
(ii) the child's sense of familiarity; and | ||
(iii) continuity of affection for the child; | ||
and | ||
(E) other factors relevant to the best interest of | ||
the child. | ||
(4) In considering the factors in paragraph (3) of | ||
this subsection, the Department shall encourage the | ||
parties to recognize the importance to a child of | ||
developing a relationship with siblings including siblings | ||
with whom the child does not yet have a relationship; and | ||
the value of preserving family ties between the child and | ||
the child's siblings, including: | ||
(A) the child's need for stability and continuity | ||
of relationships with siblings, and | ||
(B) the importance of sibling contact in the |
development of the child's identity. | ||
(5) Modification or termination of Post Permanency | ||
Sibling Contact Agreement. The parties to the agreement | ||
may modify or terminate the Post Permanency Sibling | ||
Contact Agreement. If the parties cannot agree to | ||
modification or termination, they may request the | ||
assistance of the Department of Children and Family | ||
Services or another agency identified and agreed upon by | ||
the parties to the Post Permanency Sibling Contact | ||
Agreement. Any and all terms may be modified by agreement | ||
of the parties. Post Permanency Sibling Contact Agreements | ||
may also be modified to include contact with siblings | ||
whose whereabouts were unknown or who had not yet been | ||
born when the Judgment Order for Adoption or Order for | ||
Private Guardianship was entered. | ||
(6) Adoptions and private guardianships finalized | ||
prior to August 24, 2012 ( the effective date of Public Act | ||
97-1076) amendatory Act . Nothing in this Section prohibits | ||
the parties from entering into a Post Permanency Sibling | ||
Contact Agreement if the adoption or private guardianship | ||
was finalized prior to the effective date of this Section. | ||
If the Agreement is completed and signed by the parties, | ||
the Department shall include the Post Permanency Sibling | ||
Contact Agreement in the child's Post Adoption or Private | ||
Guardianship case record and in the case file of siblings | ||
who are parties to the agreement who are in the |
Department's custody or guardianship. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; | ||
revised 1-30-24.) | ||
(20 ILCS 505/17) (from Ch. 23, par. 5017) | ||
Sec. 17. Youth and Community Services Program. The | ||
Department of Human Services shall develop a State program for | ||
youth and community services which will assure that youth who | ||
come into contact or may come into contact with either the | ||
child welfare system or the juvenile justice system will have | ||
access to needed community, prevention, diversion, emergency , | ||
and independent living services. The term "youth" means a | ||
person under the age of 19 years. The term "homeless youth" | ||
means a youth who cannot be reunited with the youth's family | ||
and is not in a safe and stable living situation. This Section | ||
shall not be construed to require the Department of Human | ||
Services to provide services under this Section to any | ||
homeless youth who is at least 18 years of age but is younger | ||
than 19 years of age; however, the Department may, in its | ||
discretion, provide services under this Section to any such | ||
homeless youth. | ||
(a) The goals of the program shall be to: | ||
(1) maintain children and youths in their own | ||
community; | ||
(2) eliminate unnecessary categorical funding of | ||
programs by funding more comprehensive and integrated |
programs; | ||
(3) encourage local volunteers and voluntary | ||
associations in developing programs aimed at preventing | ||
and controlling juvenile delinquency; | ||
(4) address voids in services and close service gaps; | ||
(5) develop program models aimed at strengthening the | ||
relationships between youth and their families and aimed | ||
at developing healthy, independent lives for homeless | ||
youth; | ||
(6) contain costs by redirecting funding to more | ||
comprehensive and integrated community-based services; and | ||
(7) coordinate education, employment, training and | ||
other programs for youths with other State agencies. | ||
(b) The duties of the Department under the program shall | ||
be to: | ||
(1) design models for service delivery by local | ||
communities; | ||
(2) test alternative systems for delivering youth | ||
services; | ||
(3) develop standards necessary to achieve and | ||
maintain, on a statewide basis, more comprehensive and | ||
integrated community-based youth services; | ||
(4) monitor and provide technical assistance to local | ||
boards and local service systems; | ||
(5) assist local organizations in developing programs | ||
which address the problems of youths and their families |
through direct services, advocacy with institutions, and | ||
improvement of local conditions; | ||
(6) (blank); and | ||
(7) establish temporary emergency placements for youth | ||
in crisis as defined by the Children's Behavioral Health | ||
Transformation Team through comprehensive community-based | ||
youth services provider grants. | ||
(A) Temporary emergency placements: | ||
(i) must be licensed through the Department of | ||
Children and Family Services or, in the case of a | ||
foster home or host home, by the supervising child | ||
welfare agency; | ||
(ii) must be strategically situated to meet | ||
regional need and minimize geographic disruption | ||
in consultation with the Children's Behavioral | ||
Health Transformation Officer and the Children's | ||
Behavioral Health Transformation Team; and | ||
(iii) shall include Comprehensive | ||
Community-Based Youth Services program host homes, | ||
foster homes, homeless youth shelters, Department | ||
of Children and Family Services youth shelters, or | ||
other licensed placements for minor youth | ||
compliant with the Child Care Act of 1969 provided | ||
under the Comprehensive Community-Based Youth | ||
Services program. | ||
(B) Beginning on August 11, 2023 ( the effective |
date of Public Act 103-546) this amendatory Act of the | ||
103rd General Assembly , once sufficient capacity has | ||
been developed, temporary emergency placements must | ||
also include temporary emergency placement shelters | ||
provided under the Comprehensive Community-Based Youth | ||
Services program. Temporary emergency placement | ||
shelters shall be managed by Comprehensive | ||
Community-Based Youth Services provider organizations | ||
and shall be available to house youth receiving | ||
interim 24/7 crisis intervention services as defined | ||
by the Juvenile Court Act of 1987 and the | ||
Comprehensive Community-Based Youth Services program | ||
grant and the Department, and shall provide access to | ||
clinical supports for youth while staying at the | ||
shelter. | ||
(C) Comprehensive Community-Based Youth Services | ||
organizations shall retain the sole authority to place | ||
youth in host homes and temporary emergency placement | ||
shelters provided under the Comprehensive | ||
Community-Based Youth Services program. | ||
(D) Crisis youth, as defined by the Children's | ||
Behavioral Health Transformation Team, shall be | ||
prioritized in temporary emergency placements. | ||
(E) Additional placement options may be authorized | ||
for crisis and non-crisis program youth with the | ||
permission of the youth's parent or legal guardian. |
(F) While in a temporary emergency placement, the | ||
organization shall work with the parent, guardian, or | ||
custodian to effectuate the youth's return home or to | ||
an alternative long-term living arrangement. As | ||
necessary, the agency or association shall also work | ||
with the youth's local school district, the | ||
Department, the Department of Human Services, the | ||
Department of Healthcare and Family Services, and the | ||
Department of Juvenile Justice to identify immediate | ||
and long-term services, treatment, or placement. | ||
Nothing in this Section shall be construed or applied in a | ||
manner that would conflict with, diminish, or infringe upon, | ||
any State agency's obligation to comply fully with | ||
requirements imposed under a court order or State or federal | ||
consent decree applicable to that agency. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; | ||
revised 8-28-23.) | ||
(20 ILCS 505/21) | ||
Sec. 21. Investigative powers; training. | ||
(a) To make such investigations as it may deem necessary | ||
to the performance of its duties. | ||
(b) In the course of any such investigation any qualified | ||
person authorized by the Director may administer oaths and | ||
secure by its subpoena both the attendance and testimony of | ||
witnesses and the production of books and papers relevant to |
such investigation. Any person who is served with a subpoena | ||
by the Department to appear and testify or to produce books and | ||
papers, in the course of an investigation authorized by law, | ||
and who refuses or neglects to appear, or to testify, or to | ||
produce books and papers relevant to such investigation, as | ||
commanded in such subpoena, shall be guilty of a Class B | ||
misdemeanor. The fees of witnesses for attendance and travel | ||
shall be the same as the fees of witnesses before the circuit | ||
courts of this State. Any circuit court of this State, upon | ||
application of the person requesting the hearing or the | ||
Department, may compel the attendance of witnesses, the | ||
production of books and papers, and giving of testimony before | ||
the Department or before any authorized officer or employee | ||
thereof, by an attachment for contempt or otherwise, in the | ||
same manner as production of evidence may be compelled before | ||
such court. Every person who, having taken an oath or made | ||
affirmation before the Department or any authorized officer or | ||
employee thereof, shall willfully swear or affirm falsely, | ||
shall be guilty of perjury and upon conviction shall be | ||
punished accordingly. | ||
(c) Investigations initiated under this Section shall | ||
provide individuals due process of law, including the right to | ||
a hearing, to cross-examine witnesses, to obtain relevant | ||
documents, and to present evidence. Administrative findings | ||
shall be subject to the provisions of the Administrative | ||
Review Law. |
(d) Beginning July 1, 1988, any child protective | ||
investigator or supervisor or child welfare specialist or | ||
supervisor employed by the Department on January 1, 1988 ( the | ||
effective date of Public Act 85-206) this amendatory Act of | ||
1987 shall have completed a training program which shall be | ||
instituted by the Department. The training program shall | ||
include, but not be limited to, the following: (1) training in | ||
the detection of symptoms of child neglect and drug abuse; (2) | ||
specialized training for dealing with families and children of | ||
drug abusers; and (3) specific training in child development, | ||
family dynamics and interview techniques. Such program shall | ||
conform to the criteria and curriculum developed under Section | ||
4 of the Child Protective Investigator and Child Welfare | ||
Specialist Certification Act of 1987. Failure to complete such | ||
training due to lack of opportunity provided by the Department | ||
shall in no way be grounds for any disciplinary or other action | ||
against an investigator or a specialist. | ||
The Department shall develop a continuous inservice staff | ||
development program and evaluation system. Each child | ||
protective investigator and supervisor and child welfare | ||
specialist and supervisor shall participate in such program | ||
and evaluation and shall complete a minimum of 20 hours of | ||
inservice education and training every 2 years in order to | ||
maintain certification. | ||
Any child protective investigator or child protective | ||
supervisor, or child welfare specialist or child welfare |
specialist supervisor hired by the Department who begins | ||
actual employment after January 1, 1988 ( the effective date of | ||
Public Act 85-206) this amendatory Act of 1987 , shall be | ||
certified pursuant to the Child Protective Investigator and | ||
Child Welfare Specialist Certification Act of 1987 before | ||
beginning such employment. Nothing in this Act shall replace | ||
or diminish the rights of employees under the Illinois Public | ||
Labor Relations Act, as amended, or the National Labor | ||
Relations Act. In the event of any conflict between either of | ||
those Acts, or any collective bargaining agreement negotiated | ||
thereunder, and the provisions of subsections (d) and (e), the | ||
former shall prevail and control. | ||
(e) The Department shall develop and implement the | ||
following: | ||
(1) A safety-based child welfare intervention system. | ||
(2) Related training procedures. | ||
(3) A standardized method for demonstration of | ||
proficiency in application of the safety-based child | ||
welfare intervention system. | ||
(4) An evaluation of the reliability and validity of | ||
the safety-based child welfare intervention system. | ||
All child protective investigators and supervisors and child | ||
welfare specialists and supervisors employed by the Department | ||
or its contractors shall be required, subsequent to the | ||
availability of training under this Act, to demonstrate | ||
proficiency in application of the safety-based child welfare |
intervention system previous to being permitted to make safety | ||
decisions about the children for whom they are responsible. | ||
The Department shall establish a multi-disciplinary advisory | ||
committee appointed by the Director, including , but not | ||
limited to , representatives from the fields of child | ||
development, domestic violence, family systems, juvenile | ||
justice, law enforcement, health care, mental health, | ||
substance abuse, and social service to advise the Department | ||
and its related contractors in the development and | ||
implementation of the safety-based child welfare intervention | ||
system, related training, method for demonstration of | ||
proficiency in application of the safety-based child welfare | ||
intervention system, and evaluation of the reliability and | ||
validity of the safety-based child welfare intervention | ||
system. The Department shall develop the safety-based child | ||
welfare intervention system, training curriculum, method for | ||
demonstration of proficiency in application of the | ||
safety-based child welfare intervention system, and method for | ||
evaluation of the reliability and validity of the safety-based | ||
child welfare intervention system. Training and demonstration | ||
of proficiency in application of the safety-based child | ||
welfare intervention system for all child protective | ||
investigators and supervisors and child welfare specialists | ||
and supervisors shall be completed as soon as practicable. The | ||
Department shall submit to the General Assembly on or before | ||
December 31, 2026, and every year thereafter, an annual report |
on the evaluation of the reliability and validity of the | ||
safety-based child welfare intervention system. The Department | ||
shall contract with a not-for-profit not for profit | ||
organization with demonstrated expertise in the field of | ||
safety-based child welfare intervention to assist in the | ||
development and implementation of the safety-based child | ||
welfare intervention system, related training, method for | ||
demonstration of proficiency in application of the | ||
safety-based child welfare intervention system, and evaluation | ||
of the reliability and validity of the safety-based child | ||
welfare intervention system. | ||
(f) The Department shall provide each parent or guardian | ||
and responsible adult caregiver participating in a safety plan | ||
a copy of the written safety plan as signed by each parent or | ||
guardian and responsible adult caregiver and by a | ||
representative of the Department. The Department shall also | ||
provide each parent or guardian and responsible adult | ||
caregiver safety plan information on their rights and | ||
responsibilities that shall include, but need not be limited | ||
to, information on how to obtain medical care, emergency phone | ||
numbers, and information on how to notify schools or day care | ||
providers as appropriate. The Department's representative | ||
shall ensure that the safety plan is reviewed and approved by | ||
the child protection supervisor. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24; | ||
revised 9-11-23.) |
Section 75. The Department of Commerce and Economic | ||
Opportunity Law of the Civil Administrative Code of Illinois | ||
is amended by renumbering Section 1105 as follows: | ||
(20 ILCS 605/605-1103) | ||
(Section scheduled to be repealed on December 31, 2024) | ||
Sec. 605-1103 1105 . Power price mitigation assistance. | ||
Subject to appropriation from such funds made available, the | ||
Department shall reimburse up to $200,000,000 to an eligible | ||
electric utility serving adversely impacted residential and | ||
small commercial customers pursuant to Section 16-107.7 of the | ||
Public Utilities Act. This Section is repealed December 31, | ||
2024. | ||
(Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.) | ||
Section 80. The Illinois Enterprise Zone Act is amended by | ||
changing Section 5.5 as follows: | ||
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1) | ||
Sec. 5.5. High Impact Business. | ||
(a) In order to respond to unique opportunities to assist | ||
in the encouragement, development, growth, and expansion of | ||
the private sector through large scale investment and | ||
development projects, the Department is authorized to receive | ||
and approve applications for the designation of "High Impact |
Businesses" in Illinois, for an initial term of 20 years with | ||
an option for renewal for a term not to exceed 20 years, | ||
subject to the following conditions: | ||
(1) such applications may be submitted at any time | ||
during the year; | ||
(2) such business is not located, at the time of | ||
designation, in an enterprise zone designated pursuant to | ||
this Act; | ||
(3) the business intends to do, commits to do, or is | ||
one or more of the following: | ||
(A) the business intends to make a minimum | ||
investment of $12,000,000 which will be placed in | ||
service in qualified property and intends to create | ||
500 full-time equivalent jobs at a designated location | ||
in Illinois or intends to make a minimum investment of | ||
$30,000,000 which will be placed in service in | ||
qualified property and intends to retain 1,500 | ||
full-time retained jobs at a designated location in | ||
Illinois. The terms "placed in service" and "qualified | ||
property" have the same meanings as described in | ||
subsection (h) of Section 201 of the Illinois Income | ||
Tax Act; or | ||
(B) the business intends to establish a new | ||
electric generating facility at a designated location | ||
in Illinois. "New electric generating facility", for | ||
purposes of this Section, means a newly constructed |
electric generation plant or a newly constructed | ||
generation capacity expansion at an existing electric | ||
generation plant, including the transmission lines and | ||
associated equipment that transfers electricity from | ||
points of supply to points of delivery, and for which | ||
such new foundation construction commenced not sooner | ||
than July 1, 2001. Such facility shall be designed to | ||
provide baseload electric generation and shall operate | ||
on a continuous basis throughout the year; and (i) | ||
shall have an aggregate rated generating capacity of | ||
at least 1,000 megawatts for all new units at one site | ||
if it uses natural gas as its primary fuel and | ||
foundation construction of the facility is commenced | ||
on or before December 31, 2004, or shall have an | ||
aggregate rated generating capacity of at least 400 | ||
megawatts for all new units at one site if it uses coal | ||
or gases derived from coal as its primary fuel and | ||
shall support the creation of at least 150 new | ||
Illinois coal mining jobs, or (ii) shall be funded | ||
through a federal Department of Energy grant before | ||
December 31, 2010 and shall support the creation of | ||
Illinois coal mining coal-mining jobs, or (iii) shall | ||
use coal gasification or integrated | ||
gasification-combined cycle units that generate | ||
electricity or chemicals, or both, and shall support | ||
the creation of Illinois coal mining coal-mining jobs. |
The term "placed in service" has the same meaning as | ||
described in subsection (h) of Section 201 of the | ||
Illinois Income Tax Act; or | ||
(B-5) the business intends to establish a new | ||
gasification facility at a designated location in | ||
Illinois. As used in this Section, "new gasification | ||
facility" means a newly constructed coal gasification | ||
facility that generates chemical feedstocks or | ||
transportation fuels derived from coal (which may | ||
include, but are not limited to, methane, methanol, | ||
and nitrogen fertilizer), that supports the creation | ||
or retention of Illinois coal mining coal-mining jobs, | ||
and that qualifies for financial assistance from the | ||
Department before December 31, 2010. A new | ||
gasification facility does not include a pilot project | ||
located within Jefferson County or within a county | ||
adjacent to Jefferson County for synthetic natural gas | ||
from coal; or | ||
(C) the business intends to establish production | ||
operations at a new coal mine, re-establish production | ||
operations at a closed coal mine, or expand production | ||
at an existing coal mine at a designated location in | ||
Illinois not sooner than July 1, 2001; provided that | ||
the production operations result in the creation of | ||
150 new Illinois coal mining jobs as described in | ||
subdivision (a)(3)(B) of this Section, and further |
provided that the coal extracted from such mine is | ||
utilized as the predominant source for a new electric | ||
generating facility. The term "placed in service" has | ||
the same meaning as described in subsection (h) of | ||
Section 201 of the Illinois Income Tax Act; or | ||
(D) the business intends to construct new | ||
transmission facilities or upgrade existing | ||
transmission facilities at designated locations in | ||
Illinois, for which construction commenced not sooner | ||
than July 1, 2001. For the purposes of this Section, | ||
"transmission facilities" means transmission lines | ||
with a voltage rating of 115 kilovolts or above, | ||
including associated equipment, that transfer | ||
electricity from points of supply to points of | ||
delivery and that transmit a majority of the | ||
electricity generated by a new electric generating | ||
facility designated as a High Impact Business in | ||
accordance with this Section. The term "placed in | ||
service" has the same meaning as described in | ||
subsection (h) of Section 201 of the Illinois Income | ||
Tax Act; or | ||
(E) the business intends to establish a new wind | ||
power facility at a designated location in Illinois. | ||
For purposes of this Section, "new wind power | ||
facility" means a newly constructed electric | ||
generation facility, a newly constructed expansion of |
an existing electric generation facility, or the | ||
replacement of an existing electric generation | ||
facility, including the demolition and removal of an | ||
electric generation facility irrespective of whether | ||
it will be replaced, placed in service or replaced on | ||
or after July 1, 2009, that generates electricity | ||
using wind energy devices, and such facility shall be | ||
deemed to include any permanent structures associated | ||
with the electric generation facility and all | ||
associated transmission lines, substations, and other | ||
equipment related to the generation of electricity | ||
from wind energy devices. For purposes of this | ||
Section, "wind energy device" means any device, with a | ||
nameplate capacity of at least 0.5 megawatts, that is | ||
used in the process of converting kinetic energy from | ||
the wind to generate electricity; or | ||
(E-5) the business intends to establish a new | ||
utility-scale solar facility at a designated location | ||
in Illinois. For purposes of this Section, "new | ||
utility-scale solar power facility" means a newly | ||
constructed electric generation facility, or a newly | ||
constructed expansion of an existing electric | ||
generation facility, placed in service on or after | ||
July 1, 2021, that (i) generates electricity using | ||
photovoltaic cells and (ii) has a nameplate capacity | ||
that is greater than 5,000 kilowatts, and such |
facility shall be deemed to include all associated | ||
transmission lines, substations, energy storage | ||
facilities, and other equipment related to the | ||
generation and storage of electricity from | ||
photovoltaic cells; or | ||
(F) the business commits to (i) make a minimum | ||
investment of $500,000,000, which will be placed in | ||
service in a qualified property, (ii) create 125 | ||
full-time equivalent jobs at a designated location in | ||
Illinois, (iii) establish a fertilizer plant at a | ||
designated location in Illinois that complies with the | ||
set-back standards as described in Table 1: Initial | ||
Isolation and Protective Action Distances in the 2012 | ||
Emergency Response Guidebook published by the United | ||
States Department of Transportation, (iv) pay a | ||
prevailing wage for employees at that location who are | ||
engaged in construction activities, and (v) secure an | ||
appropriate level of general liability insurance to | ||
protect against catastrophic failure of the fertilizer | ||
plant or any of its constituent systems; in addition, | ||
the business must agree to enter into a construction | ||
project labor agreement including provisions | ||
establishing wages, benefits, and other compensation | ||
for employees performing work under the project labor | ||
agreement at that location; for the purposes of this | ||
Section, "fertilizer plant" means a newly constructed |
or upgraded plant utilizing gas used in the production | ||
of anhydrous ammonia and downstream nitrogen | ||
fertilizer products for resale; for the purposes of | ||
this Section, "prevailing wage" means the hourly cash | ||
wages plus fringe benefits for training and | ||
apprenticeship programs approved by the U.S. | ||
Department of Labor, Bureau of Apprenticeship and | ||
Training, health and welfare, insurance, vacations and | ||
pensions paid generally, in the locality in which the | ||
work is being performed, to employees engaged in work | ||
of a similar character on public works; this paragraph | ||
(F) applies only to businesses that submit an | ||
application to the Department within 60 days after | ||
July 25, 2013 (the effective date of Public Act | ||
98-109); or | ||
(G) the business intends to establish a new | ||
cultured cell material food production facility at a | ||
designated location in Illinois. As used in this | ||
paragraph (G): | ||
"Cultured cell material food production facility" | ||
means a facility (i) at which cultured animal cell | ||
food is developed using animal cell culture | ||
technology, (ii) at which production processes occur | ||
that include the establishment of cell lines and cell | ||
banks, manufacturing controls, and all components and | ||
inputs, and (iii) that complies with all existing |
registrations, inspections, licensing, and approvals | ||
from all applicable and participating State and | ||
federal food agencies, including the Department of | ||
Agriculture, the Department of Public Health, and the | ||
United States Food and Drug Administration, to ensure | ||
that all food production is safe and lawful under | ||
provisions of the Federal Food, Drug and Cosmetic Act | ||
related to the development, production, and storage of | ||
cultured animal cell food. | ||
"New cultured cell material food production | ||
facility" means a newly constructed cultured cell | ||
material food production facility that is placed in | ||
service on or after June 7, 2023 ( the effective date of | ||
Public Act 103-9) this amendatory Act of the 103rd | ||
General Assembly or a newly constructed expansion of | ||
an existing cultured cell material food production | ||
facility, in a controlled environment, when the | ||
improvements are placed in service on or after June 7, | ||
2023 ( the effective date of Public Act 103-9) this | ||
amendatory Act of the 103rd General Assembly ; or and | ||
(H) (G) the business is an existing or planned | ||
grocery store, as that term is defined in Section 5 of | ||
the Grocery Initiative Act, and receives financial | ||
support under that Act within the 10 years before | ||
submitting its application under this Act; and | ||
(4) no later than 90 days after an application is |
submitted, the Department shall notify the applicant of | ||
the Department's determination of the qualification of the | ||
proposed High Impact Business under this Section. | ||
(b) Businesses designated as High Impact Businesses | ||
pursuant to subdivision (a)(3)(A) of this Section shall | ||
qualify for the credits and exemptions described in the | ||
following Acts: Section 9-222 and Section 9-222.1A of the | ||
Public Utilities Act, subsection (h) of Section 201 of the | ||
Illinois Income Tax Act, and Section 1d of the Retailers' | ||
Occupation Tax Act; provided that these credits and exemptions | ||
described in these Acts shall not be authorized until the | ||
minimum investments set forth in subdivision (a)(3)(A) of this | ||
Section have been placed in service in qualified properties | ||
and, in the case of the exemptions described in the Public | ||
Utilities Act and Section 1d of the Retailers' Occupation Tax | ||
Act, the minimum full-time equivalent jobs or full-time | ||
retained jobs set forth in subdivision (a)(3)(A) of this | ||
Section have been created or retained. Businesses designated | ||
as High Impact Businesses under this Section shall also | ||
qualify for the exemption described in Section 5l of the | ||
Retailers' Occupation Tax Act. The credit provided in | ||
subsection (h) of Section 201 of the Illinois Income Tax Act | ||
shall be applicable to investments in qualified property as | ||
set forth in subdivision (a)(3)(A) of this Section. | ||
(b-5) Businesses designated as High Impact Businesses | ||
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), |
(a)(3)(D), and (a)(3)(G) , and (a)(3)(H) of this Section shall | ||
qualify for the credits and exemptions described in the | ||
following Acts: Section 51 of the Retailers' Occupation Tax | ||
Act, Section 9-222 and Section 9-222.1A of the Public | ||
Utilities Act, and subsection (h) of Section 201 of the | ||
Illinois Income Tax Act; however, the credits and exemptions | ||
authorized under Section 9-222 and Section 9-222.1A of the | ||
Public Utilities Act, and subsection (h) of Section 201 of the | ||
Illinois Income Tax Act shall not be authorized until the new | ||
electric generating facility, the new gasification facility, | ||
the new transmission facility, the new, expanded, or reopened | ||
coal mine, or the new cultured cell material food production | ||
facility, or the existing or planned grocery store is | ||
operational, except that a new electric generating facility | ||
whose primary fuel source is natural gas is eligible only for | ||
the exemption under Section 5l of the Retailers' Occupation | ||
Tax Act. | ||
(b-6) Businesses designated as High Impact Businesses | ||
pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this | ||
Section shall qualify for the exemptions described in Section | ||
5l of the Retailers' Occupation Tax Act; any business so | ||
designated as a High Impact Business being, for purposes of | ||
this Section, a "Wind Energy Business". | ||
(b-7) Beginning on January 1, 2021, businesses designated | ||
as High Impact Businesses by the Department shall qualify for | ||
the High Impact Business construction jobs credit under |
subsection (h-5) of Section 201 of the Illinois Income Tax Act | ||
if the business meets the criteria set forth in subsection (i) | ||
of this Section. The total aggregate amount of credits awarded | ||
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | ||
shall not exceed $20,000,000 in any State fiscal year. | ||
(c) High Impact Businesses located in federally designated | ||
foreign trade zones or sub-zones are also eligible for | ||
additional credits, exemptions and deductions as described in | ||
the following Acts: Section 9-221 and Section 9-222.1 of the | ||
Public Utilities Act; and subsection (g) of Section 201, and | ||
Section 203 of the Illinois Income Tax Act. | ||
(d) Except for businesses contemplated under subdivision | ||
(a)(3)(E), (a)(3)(E-5), or (a)(3)(G) , or (a)(3)(H) of this | ||
Section, existing Illinois businesses which apply for | ||
designation as a High Impact Business must provide the | ||
Department with the prospective plan for which 1,500 full-time | ||
retained jobs would be eliminated in the event that the | ||
business is not designated. | ||
(e) Except for new businesses contemplated under | ||
subdivision (a)(3)(E) , or subdivision (a)(3)(G) , or | ||
subdivision (a)(3)(H) of this Section, new proposed facilities | ||
which apply for designation as High Impact Business must | ||
provide the Department with proof of alternative non-Illinois | ||
sites which would receive the proposed investment and job | ||
creation in the event that the business is not designated as a | ||
High Impact Business. |
(f) Except for businesses contemplated under subdivision | ||
(a)(3)(E) , or subdivision (a)(3)(G) , or subdivision (a)(3)(H) | ||
of this Section, in the event that a business is designated a | ||
High Impact Business and it is later determined after | ||
reasonable notice and an opportunity for a hearing as provided | ||
under the Illinois Administrative Procedure Act, that the | ||
business would have placed in service in qualified property | ||
the investments and created or retained the requisite number | ||
of jobs without the benefits of the High Impact Business | ||
designation, the Department shall be required to immediately | ||
revoke the designation and notify the Director of the | ||
Department of Revenue who shall begin proceedings to recover | ||
all wrongfully exempted State taxes with interest. The | ||
business shall also be ineligible for all State funded | ||
Department programs for a period of 10 years. | ||
(g) The Department shall revoke a High Impact Business | ||
designation if the participating business fails to comply with | ||
the terms and conditions of the designation. | ||
(h) Prior to designating a business, the Department shall | ||
provide the members of the General Assembly and Commission on | ||
Government Forecasting and Accountability with a report | ||
setting forth the terms and conditions of the designation and | ||
guarantees that have been received by the Department in | ||
relation to the proposed business being designated. | ||
(i) High Impact Business construction jobs credit. | ||
Beginning on January 1, 2021, a High Impact Business may |
receive a tax credit against the tax imposed under subsections | ||
(a) and (b) of Section 201 of the Illinois Income Tax Act in an | ||
amount equal to 50% of the amount of the incremental income tax | ||
attributable to High Impact Business construction jobs credit | ||
employees employed in the course of completing a High Impact | ||
Business construction jobs project. However, the High Impact | ||
Business construction jobs credit may equal 75% of the amount | ||
of the incremental income tax attributable to High Impact | ||
Business construction jobs credit employees if the High Impact | ||
Business construction jobs credit project is located in an | ||
underserved area. | ||
The Department shall certify to the Department of Revenue: | ||
(1) the identity of taxpayers that are eligible for the High | ||
Impact Business construction jobs credit; and (2) the amount | ||
of High Impact Business construction jobs credits that are | ||
claimed pursuant to subsection (h-5) of Section 201 of the | ||
Illinois Income Tax Act in each taxable year. Any business | ||
entity that receives a High Impact Business construction jobs | ||
credit shall maintain a certified payroll pursuant to | ||
subsection (j) of this Section. | ||
As used in this subsection (i): | ||
"High Impact Business construction jobs credit" means an | ||
amount equal to 50% (or 75% if the High Impact Business | ||
construction project is located in an underserved area) of the | ||
incremental income tax attributable to High Impact Business | ||
construction job employees. The total aggregate amount of |
credits awarded under the Blue Collar Jobs Act (Article 20 of | ||
Public Act 101-9) shall not exceed $20,000,000 in any State | ||
fiscal year | ||
"High Impact Business construction job employee" means a | ||
laborer or worker who is employed by an Illinois contractor or | ||
subcontractor in the actual construction work on the site of a | ||
High Impact Business construction job project. | ||
"High Impact Business construction jobs project" means | ||
building a structure or building or making improvements of any | ||
kind to real property, undertaken and commissioned by a | ||
business that was designated as a High Impact Business by the | ||
Department. The term "High Impact Business construction jobs | ||
project" does not include the routine operation, routine | ||
repair, or routine maintenance of existing structures, | ||
buildings, or real property. | ||
"Incremental income tax" means the total amount withheld | ||
during the taxable year from the compensation of High Impact | ||
Business construction job employees. | ||
"Underserved area" means a geographic area that meets one | ||
or more of the following conditions: | ||
(1) the area has a poverty rate of at least 20% | ||
according to the latest American Community Survey; | ||
(2) 35% or more of the families with children in the | ||
area are living below 130% of the poverty line, according | ||
to the latest American Community Survey; | ||
(3) at least 20% of the households in the area receive |
assistance under the Supplemental Nutrition Assistance | ||
Program (SNAP); or | ||
(4) the area has an average unemployment rate, as | ||
determined by the Illinois Department of Employment | ||
Security, that is more than 120% of the national | ||
unemployment average, as determined by the U.S. Department | ||
of Labor, for a period of at least 2 consecutive calendar | ||
years preceding the date of the application. | ||
(j) Each contractor and subcontractor who is engaged in | ||
and executing a High Impact Business construction Construction | ||
jobs project, as defined under subsection (i) of this Section, | ||
for a business that is entitled to a credit pursuant to | ||
subsection (i) of this Section shall: | ||
(1) make and keep, for a period of 5 years from the | ||
date of the last payment made on or after June 5, 2019 (the | ||
effective date of Public Act 101-9) on a contract or | ||
subcontract for a High Impact Business construction jobs | ||
project Construction Jobs Project , records for all | ||
laborers and other workers employed by the contractor or | ||
subcontractor on the project; the records shall include: | ||
(A) the worker's name; | ||
(B) the worker's address; | ||
(C) the worker's telephone number, if available; | ||
(D) the worker's social security number; | ||
(E) the worker's classification or | ||
classifications; |
(F) the worker's gross and net wages paid in each | ||
pay period; | ||
(G) the worker's number of hours worked each day; | ||
(H) the worker's starting and ending times of work | ||
each day; | ||
(I) the worker's hourly wage rate; | ||
(J) the worker's hourly overtime wage rate; | ||
(K) the worker's race and ethnicity; and | ||
(L) the worker's gender; | ||
(2) no later than the 15th day of each calendar month, | ||
provide a certified payroll for the immediately preceding | ||
month to the taxpayer in charge of the High Impact | ||
Business construction jobs project; within 5 business days | ||
after receiving the certified payroll, the taxpayer shall | ||
file the certified payroll with the Department of Labor | ||
and the Department of Commerce and Economic Opportunity; a | ||
certified payroll must be filed for only those calendar | ||
months during which construction on a High Impact Business | ||
construction jobs project has occurred; the certified | ||
payroll shall consist of a complete copy of the records | ||
identified in paragraph (1) of this subsection (j), but | ||
may exclude the starting and ending times of work each | ||
day; the certified payroll shall be accompanied by a | ||
statement signed by the contractor or subcontractor or an | ||
officer, employee, or agent of the contractor or | ||
subcontractor which avers that: |
(A) he or she has examined the certified payroll | ||
records required to be submitted by the Act and such | ||
records are true and accurate; and | ||
(B) the contractor or subcontractor is aware that | ||
filing a certified payroll that he or she knows to be | ||
false is a Class A misdemeanor. | ||
A general contractor is not prohibited from relying on a | ||
certified payroll of a lower-tier subcontractor, provided the | ||
general contractor does not knowingly rely upon a | ||
subcontractor's false certification. | ||
Any contractor or subcontractor subject to this | ||
subsection, and any officer, employee, or agent of such | ||
contractor or subcontractor whose duty as an officer, | ||
employee, or agent it is to file a certified payroll under this | ||
subsection, who willfully fails to file such a certified | ||
payroll on or before the date such certified payroll is | ||
required by this paragraph to be filed and any person who | ||
willfully files a false certified payroll that is false as to | ||
any material fact is in violation of this Act and guilty of a | ||
Class A misdemeanor. | ||
The taxpayer in charge of the project shall keep the | ||
records submitted in accordance with this subsection on or | ||
after June 5, 2019 (the effective date of Public Act 101-9) for | ||
a period of 5 years from the date of the last payment for work | ||
on a contract or subcontract for the High Impact Business | ||
construction jobs project. |
The records submitted in accordance with this subsection | ||
shall be considered public records, except an employee's | ||
address, telephone number, and social security number, and | ||
made available in accordance with the Freedom of Information | ||
Act. The Department of Labor shall share the information with | ||
the Department in order to comply with the awarding of a High | ||
Impact Business construction jobs credit. A contractor, | ||
subcontractor, or public body may retain records required | ||
under this Section in paper or electronic format. | ||
(k) Upon 7 business days' notice, each contractor and | ||
subcontractor shall make available for inspection and copying | ||
at a location within this State during reasonable hours, the | ||
records identified in this subsection (j) to the taxpayer in | ||
charge of the High Impact Business construction jobs project, | ||
its officers and agents, the Director of the Department of | ||
Labor and his or her deputies and agents, and to federal, | ||
State, or local law enforcement agencies and prosecutors. | ||
(l) The changes made to this Section by Public Act | ||
102-1125 this amendatory Act of the 102nd General Assembly , | ||
other than the changes in subsection (a), apply to High Impact | ||
Businesses high impact businesses that submit applications on | ||
or after February 3, 2023 ( the effective date of Public Act | ||
102-1125) this amendatory Act of the 102nd General Assembly . | ||
(Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21; | ||
102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff. | ||
11-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9, |
eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.) | ||
Section 85. The Department of Human Services Act is | ||
amended by changing Sections 10-75 and 80-45 as follows: | ||
(20 ILCS 1305/10-75) | ||
Sec. 10-75. Homelessness supports in Illinois. | ||
(a) The Office to Prevent and End Homelessness (Office) is | ||
created within the Department of Human Services to facilitate | ||
the implementation of a strategic plan and initiatives aimed | ||
at decreasing homelessness and unnecessary | ||
institutionalization in Illinois, improving health and human | ||
services outcomes for people who experience homelessness, and | ||
strengthening the safety nets that contribute to housing | ||
stability. The Office shall be led by the State Homelessness | ||
Chief Officer who shall report to the Secretary of the | ||
Department. The Chief Officer shall also chair the Interagency | ||
Task Force on Homelessness, co-chair the Community Advisory | ||
Council on Homelessness, and lead the State's comprehensive | ||
efforts related to homelessness prevention. The Chief Officer | ||
shall serve as a policymaker and spokesperson on homelessness | ||
prevention, including coordinating the multi-agency effort | ||
through legislation, rules, and budgets and communicating with | ||
the General Assembly and federal and local leaders on these | ||
critical issues. | ||
(b) The Interagency Task Force on Homelessness is created |
within the Department of Human Services to facilitate and | ||
implement initiatives related to decreasing homelessness and | ||
unnecessary institutionalization in this State, improve health | ||
and human services outcomes for people who experience | ||
homelessness, and strengthen the safety nets that contribute | ||
to housing stability. The Task Force shall: | ||
(1) Implement the State Plan which is aimed at | ||
addressing homelessness and unnecessary | ||
institutionalization with the goals of achieving | ||
functional zero homelessness, improving health and human | ||
services outcomes for people experiencing homelessness, | ||
and strengthening the safety nets that contribute to | ||
housing stability. | ||
(2) Recommend policy, regulatory, and resource changes | ||
necessary to accomplish goals and objectives laid out in | ||
the State Plan. | ||
(3) Serve within State government and in the State at | ||
large as an advocate for people experiencing homelessness. | ||
(4) Provide leadership for and collaborate with those | ||
developing and implementing local plans to end | ||
homelessness in Illinois, including, but not limited to, | ||
the Community Advisory Council and its members. | ||
(5) Recommend the resources needed for successful | ||
implementation and oversee that implementation. | ||
(6) Recommend and promote effective interagency | ||
collaboration and system integration to converge related |
efforts, including coordination with the Illinois Youth | ||
Homelessness Prevention Subcommittee, the Illinois | ||
Commission on the Elimination of Poverty, and the Illinois | ||
Commission to End Hunger on drafting policy | ||
recommendations related to the intersection of | ||
homelessness and poverty. | ||
(7) Recommend needed policy, regulatory, and resource | ||
distribution changes; make oversight recommendations that | ||
will ensure accountability, results, and sustained | ||
success; and develop specific proposals and | ||
recommendations for action to provide to the Governor and | ||
the General Assembly. | ||
(c) (Blank). | ||
(d) The Task Force may solicit feedback from stakeholders, | ||
customers, and advocates to inform Task Force recommendations | ||
as necessary. | ||
(e) On or before December 1, 2024, and each year | ||
thereafter, the Task Force shall submit a report to the | ||
Governor and General Assembly regarding the Task Force's work | ||
during the year prior, any new recommendations developed by | ||
the Task Force, any recommendations made by the Community | ||
Advisory Council on Homelessness, and any key outcomes and | ||
measures related to homelessness. | ||
(f) The Task Force shall include the following members | ||
appointed by the Governor: | ||
(1) The Chief Homelessness Officer, who shall serve as |
Chair. | ||
(2) The Secretary of Human Services, or his or her | ||
designee. | ||
(3) The Executive Director of the Illinois Housing | ||
Development Authority, or his or her designee. | ||
(4) The Director of Healthcare and Family Services, or | ||
his or her designee. | ||
(5) The Superintendent of the State Board of | ||
Education, or his or her designee. | ||
(6) The Executive Director of the Board of Higher | ||
Education, or his or her designee. | ||
(7) The Executive Director of the Illinois Community | ||
College Board, or his or her designee. | ||
(8) The Director of Corrections, or his or her | ||
designee. | ||
(9) The Director of Veterans' Affairs, or his or her | ||
designee. | ||
(10) The Director of Children and Family Services, or | ||
his or her designee. | ||
(11) The Director of Public Health, or his or her | ||
designee. | ||
(12) The Director of Aging, or his or her designee. | ||
(13) The Director of Juvenile Justice, or his or her | ||
designee. | ||
(14) The Director of Commerce and Economic | ||
Opportunity, or his or her designee. |
(15) The Director of Employment Security, or his or | ||
her designee. | ||
(16) The Director of the Illinois State Police, or his | ||
or her designee. | ||
(17) The Executive Director of the Illinois Criminal | ||
Justice Information Authority, or his or her designee. | ||
(18) The Director of the Office of Management and | ||
Budget, or his or her designee. | ||
(g) The Task Force shall also include the following | ||
members: | ||
(1) One member appointed by the President of the | ||
Senate. | ||
(2) One member appointed by the Minority Leader of the | ||
Senate. | ||
(3) One member appointed by the Speaker of the House | ||
of Representatives. | ||
(4) One member appointed by the Minority Leader of the | ||
House of Representatives. | ||
(h) The Chair of the Task Force may appoint additional | ||
representatives from State agencies as needed. | ||
(i) The Task Force shall meet at the call of the chair, at | ||
least 4 times per year. Members shall serve without | ||
compensation. | ||
(j) The Task Force may establish subcommittees to address | ||
specific issues or populations and may collaborate with | ||
individuals with relevant expertise who are not members of the |
Task Force to assist the subcommittee in carrying out its | ||
duties. | ||
(k) The Department of Human Services shall provide | ||
administrative support to the Task Force. | ||
(l) Nothing in this Act shall be construed to contravene | ||
any federal or State law or regulation. Unless specifically | ||
referenced in this Act, nothing in this Act shall affect or | ||
alter the existing statutory powers of any State agency or be | ||
construed as a reassignment or reorganization of any State | ||
agency. | ||
(m) Community Advisory Council. The Community Advisory | ||
Council on Homelessness is created within the Department of | ||
Human Services to make recommendations to the Interagency Task | ||
Force on Homelessness regarding homelessness and unnecessary | ||
institutionalization with the goals of achieving functional | ||
zero homelessness, improving health and human services | ||
outcomes for people experiencing homelessness and | ||
strengthening the safety nets that contribute to housing | ||
stability. | ||
(1) The Advisory Council shall be co-chaired by the | ||
Chief Homelessness Officer and a member of the Advisory | ||
Council designated by the Governor. The Advisory Council | ||
shall consist of all of the following members appointed by | ||
the Governor. Members appointed to the Advisory Council | ||
must reflect the racial, ethnic, and geographic diversity | ||
of this State. The Chief may include any State agency |
staff that they deem necessary as ex officio, nonvoting | ||
members of the Community Advisory Council. | ||
(A) Three members with lived experience of | ||
homelessness or housing insecurity, which may include, | ||
but are not limited to, formerly incarcerated persons, | ||
veterans, and youth (16 to 25 years old). | ||
(B) One member representing individuals with | ||
disabilities. | ||
(C) Two members representing the philanthropic | ||
private funding sector. | ||
(D) One member representing a statewide behavioral | ||
health advocacy organization. | ||
(E) One member representing a statewide housing | ||
advocacy organization. | ||
(F) At least 2 members representing local | ||
Continuums of Care. | ||
(G) At least 3 members representing local units of | ||
government (municipal, county, or township). | ||
(H) One member representing an organization that | ||
supports victims of domestic violence. | ||
(I) A minimum of 4 members representing providers | ||
of the homeless response system inclusive of, but not | ||
limited to, emergency supportive housing, rapid | ||
rehousing, permanent supportive housing, homeless | ||
youth programs, and homeless prevention. | ||
(J) Two members, who may or may not meet the |
qualification requirements for the other appointees. | ||
The Advisory Council shall meet at least 4 times per year. | ||
(2) Members shall serve without compensation, but | ||
public members may be reimbursed for reasonable and | ||
necessary travel expenses connected to Task Force | ||
business. Persons with lived experience of homelessness | ||
and housing insecurity, who are not otherwise compensated | ||
by employers to attend the Community Advisory Council, | ||
shall receive compensation for each quarterly Council | ||
meeting attended. | ||
(3) The meetings of the Advisory Council shall be | ||
conducted in accordance with the provisions of Section 2 | ||
of the Open Meetings Act. The Department of Human Services | ||
shall provide staff and administrative support to assist | ||
the Advisory Council in carrying out its duties. | ||
(4) Nothing in this Act shall be construed to | ||
contravene any federal or State law or regulation. Unless | ||
specifically referenced in this Act, nothing in this Act | ||
shall affect or alter the existing statutory powers of any | ||
State agency or be construed as a reassignment or | ||
reorganization of any State agency. | ||
(5) On or before November 15, 2023, and each year | ||
thereafter, the Advisory Council shall submit | ||
recommendations to the Interagency Task Force on | ||
Homelessness. | ||
(Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.) |
(20 ILCS 1305/80-45) | ||
Sec. 80-45. Funding agent and administration. | ||
(a) The Department shall act as funding agent under the | ||
terms of the Illinois Affordable Housing Act and shall | ||
administer other appropriations for the use of the Illinois | ||
Housing Development Authority. | ||
(b) The Department may enter into contracts, | ||
intergovernmental agreements, grants, cooperative agreements, | ||
memoranda of understanding, or other instruments with any | ||
federal, State, or local government agency as necessary to | ||
fulfill its role as funding agent in compliance with State and | ||
federal law. The Department and the Department of Revenue | ||
shall coordinate, in consultation with the Illinois Housing | ||
Development Authority, the transition of the funding agent | ||
role, including the transfer of any and all books, records, or | ||
documents, in whatever form stored, necessary to the | ||
Department's execution of the duties of the funding agent, and | ||
the Department may submit to the Governor's Office of | ||
Management and Budget requests for exception pursuant to | ||
Section 55 of the Grant Accountability and Transparency Act. | ||
Notwithstanding Section 5 of the Illinois Grant Funds Recovery | ||
Act, for State fiscal years 2023 and 2024 only, in order to | ||
accomplish the transition of the funding agent role to the | ||
Department, grant funds may be made available for expenditure | ||
by a grantee for a period of 3 years from the date the funds |
were distributed by the State. | ||
(Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.) | ||
Section 90. The Department of Innovation and Technology | ||
Act is amended by changing Section 1-80 as follows: | ||
(20 ILCS 1370/1-80) | ||
Sec. 1-80. Generative AI and Natural Language Processing | ||
Task Force. | ||
(a) As used in this Section, "Task Force" means the | ||
Generative AI and Natural Language Processing Task Force | ||
established by this Section. | ||
(b) The Department shall establish the Generative AI and | ||
Natural Language Processing Task Force. The Task Force shall | ||
investigate and provide a report on generative artificial | ||
intelligence software and natural language processing | ||
software. | ||
(c) The Task Force shall be composed of all of the | ||
following members: | ||
(1) One member appointed by the Speaker of the House | ||
of Representatives, who shall serve as a co-chairperson. | ||
(2) One member appointed by the Minority Leader of the | ||
House of Representatives. | ||
(3) One member appointed by the President of the | ||
Senate, who shall serve as a co-chairperson. | ||
(4) One member appointed by the Minority Leader of the |
Senate. | ||
(5) The Secretary of the Department of Innovation and | ||
Technology or his or her designee. | ||
(6) The State Superintendent of Education or his or | ||
her designee. | ||
(7) The Executive Director of the Illinois Community | ||
College Board or his or her designee. | ||
(8) The Executive Director of the Board of Higher | ||
Education or his or her designee. | ||
(9) Two teachers recommended by a statewide | ||
association representing teachers, appointed by the | ||
Governor. | ||
(10) Two principals recommended by a statewide | ||
principals association, appointed by the Governor. | ||
(11) Two experts on cybersecurity, appointed by the | ||
Governor. | ||
(12) Two experts on artificial intelligence, appointed | ||
by the Governor. | ||
(13) Two members of statewide business associations, | ||
appointed by the Governor. | ||
(14) The Statewide Chief Information Security Officer | ||
or his or her designee. | ||
(15) Two members of statewide labor associations, | ||
appointed by the Governor. | ||
(16) The Attorney General or his or her designee. | ||
(d) The Task Force shall hold at least 5 public meetings in |
a hybrid format, with both virtual and in-person options to | ||
attend. Of those required 5 meetings, one shall be held in each | ||
of the following locations: | ||
(1) Chicago; | ||
(2) Springfield; | ||
(3) the Metro East region; | ||
(4) the Quad Cities region; and | ||
(5) Southern Illinois. | ||
(e) The responsibilities of the Task Force shall include | ||
all of the following: | ||
(1) recommending legislation or regulations to protect | ||
consumer information as it relates to generative | ||
artificial intelligence; | ||
(2) recommending model policies for schools to address | ||
the use of generative artificial intelligence by students | ||
in the classroom; | ||
(3) assessing the use of generative artificial | ||
intelligence to improve delivery of public services; | ||
(4) (5) protecting civil rights and civil liberties of | ||
individuals and consumers as it relates to generative | ||
artificial intelligence; | ||
(5) (6) assessing the use of generative artificial | ||
intelligence in the workforce and how this could affect | ||
employment levels, types of employment, and the deployment | ||
of workers; | ||
(6) (7) assessing the challenges of generative |
artificial intelligence for cybersecurity; and | ||
(7) (8) other topics related to generative artificial | ||
intelligence software and natural language processing | ||
software that may arise from testimony or reports to the | ||
Task Force submitted by its members or the public. | ||
(f) The Department shall provide administrative and | ||
technical support to the Task Force. | ||
(g) The Task Force shall file a report by December 31, 2024 | ||
with the Governor and the General Assembly covering the Task | ||
Force's investigation into generative artificial intelligence | ||
software and natural language processing software and the Task | ||
Force's responsibilities under subsection (e). | ||
(Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.) | ||
Section 95. The Department of Insurance Law of the Civil | ||
Administrative Code of Illinois is amended by setting forth | ||
and renumbering multiple versions of Section 1405-50 as | ||
follows: | ||
(20 ILCS 1405/1405-50) | ||
Sec. 1405-50. Marketplace Director of the Illinois Health | ||
Benefits Exchange. The Governor shall appoint, with the advice | ||
and consent of the Senate, a person within the Department of | ||
Insurance to serve as the Marketplace Director of the Illinois | ||
Health Benefits Exchange. The Governor may make a temporary | ||
appointment until the next meeting of the Senate. This person |
may be an existing employee with other duties. The Marketplace | ||
Director shall receive an annual salary as set by the Governor | ||
and shall be paid out of the appropriations to the Department. | ||
The Marketplace Director shall not be subject to the Personnel | ||
Code. The Marketplace Director, under the direction of the | ||
Director, shall manage the operations and staff of the | ||
Illinois Health Benefits Exchange to ensure optimal exchange | ||
performance. | ||
(Source: P.A. 103-103, eff. 6-27-23.) | ||
(20 ILCS 1405/1405-51) | ||
Sec. 1405-51 1405-50 . Health insurance coverage, | ||
affordability, and cost transparency annual report. | ||
(a) On or before May 1, 2026, and each May 1 thereafter, | ||
the Department of Insurance shall report to the Governor and | ||
the General Assembly on health insurance coverage, | ||
affordability, and cost trends, including: | ||
(1) medical cost trends by major service category, | ||
including prescription drugs; | ||
(2) utilization patterns of services by major service | ||
categories; | ||
(3) impact of benefit changes, including essential | ||
health benefits and non-essential health benefits; | ||
(4) enrollment trends; | ||
(5) demographic shifts; | ||
(6) geographic factors and variations, including |
changes in provider availability; | ||
(7) health care quality improvement initiatives; | ||
(8) inflation and other factors impacting this State's | ||
economic condition; | ||
(9) the availability of financial assistance and tax | ||
credits to pay for health insurance coverage for | ||
individuals and small businesses; | ||
(10) trends in out-of-pocket costs for consumers; and | ||
(11) factors contributing to costs that are not | ||
otherwise specified in paragraphs (1) through (10) of this | ||
subsection. | ||
(b) This report shall not attribute any information or | ||
trend to a specific company and shall not disclose any | ||
information otherwise considered confidential or proprietary. | ||
(Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.) | ||
Section 100. The Department of Professional Regulation Law | ||
of the Civil Administrative Code of Illinois is amended by | ||
changing Section 2105-15 and by setting forth and renumbering | ||
multiple versions of Section 2105-370 as follows: | ||
(20 ILCS 2105/2105-15) | ||
Sec. 2105-15. General powers and duties. | ||
(a) The Department has, subject to the provisions of the | ||
Civil Administrative Code of Illinois, the following powers | ||
and duties: |
(1) To authorize examinations in English to ascertain | ||
the qualifications and fitness of applicants to exercise | ||
the profession, trade, or occupation for which the | ||
examination is held. | ||
(2) To prescribe rules and regulations for a fair and | ||
wholly impartial method of examination of candidates to | ||
exercise the respective professions, trades, or | ||
occupations. | ||
(3) To pass upon the qualifications of applicants for | ||
licenses, certificates, and authorities, whether by | ||
examination, by reciprocity, or by endorsement. | ||
(4) To prescribe rules and regulations defining, for | ||
the respective professions, trades, and occupations, what | ||
shall constitute a school, college, or university, or | ||
department of a university, or other institution, | ||
reputable and in good standing, and to determine the | ||
reputability and good standing of a school, college, or | ||
university, or department of a university, or other | ||
institution, reputable and in good standing, by reference | ||
to a compliance with those rules and regulations; | ||
provided, that no school, college, or university, or | ||
department of a university, or other institution that | ||
refuses admittance to applicants solely on account of | ||
race, color, creed, sex, sexual orientation, or national | ||
origin shall be considered reputable and in good standing. | ||
(5) To conduct hearings on proceedings to revoke, |
suspend, refuse to renew, place on probationary status, or | ||
take other disciplinary action as authorized in any | ||
licensing Act administered by the Department with regard | ||
to licenses, certificates, or authorities of persons | ||
exercising the respective professions, trades, or | ||
occupations and to revoke, suspend, refuse to renew, place | ||
on probationary status, or take other disciplinary action | ||
as authorized in any licensing Act administered by the | ||
Department with regard to those licenses, certificates, or | ||
authorities. | ||
The Department shall issue a monthly disciplinary | ||
report. | ||
The Department shall refuse to issue or renew a | ||
license to, or shall suspend or revoke a license of, any | ||
person who, after receiving notice, fails to comply with a | ||
subpoena or warrant relating to a paternity or child | ||
support proceeding. However, the Department may issue a | ||
license or renewal upon compliance with the subpoena or | ||
warrant. | ||
The Department, without further process or hearings, | ||
shall revoke, suspend, or deny any license or renewal | ||
authorized by the Civil Administrative Code of Illinois to | ||
a person who is certified by the Department of Healthcare | ||
and Family Services (formerly Illinois Department of | ||
Public Aid) as being more than 30 days delinquent in | ||
complying with a child support order or who is certified |
by a court as being in violation of the Non-Support | ||
Punishment Act for more than 60 days. The Department may, | ||
however, issue a license or renewal if the person has | ||
established a satisfactory repayment record as determined | ||
by the Department of Healthcare and Family Services | ||
(formerly Illinois Department of Public Aid) or if the | ||
person is determined by the court to be in compliance with | ||
the Non-Support Punishment Act. The Department may | ||
implement this paragraph as added by Public Act 89-6 | ||
through the use of emergency rules in accordance with | ||
Section 5-45 of the Illinois Administrative Procedure Act. | ||
For purposes of the Illinois Administrative Procedure Act, | ||
the adoption of rules to implement this paragraph shall be | ||
considered an emergency and necessary for the public | ||
interest, safety, and welfare. | ||
(6) To transfer jurisdiction of any realty under the | ||
control of the Department to any other department of the | ||
State Government or to acquire or accept federal lands | ||
when the transfer, acquisition, or acceptance is | ||
advantageous to the State and is approved in writing by | ||
the Governor. | ||
(7) To formulate rules and regulations necessary for | ||
the enforcement of any Act administered by the Department. | ||
(8) To exchange with the Department of Healthcare and | ||
Family Services information that may be necessary for the | ||
enforcement of child support orders entered pursuant to |
the Illinois Public Aid Code, the Illinois Marriage and | ||
Dissolution of Marriage Act, the Non-Support of Spouse and | ||
Children Act, the Non-Support Punishment Act, the Revised | ||
Uniform Reciprocal Enforcement of Support Act, the Uniform | ||
Interstate Family Support Act, the Illinois Parentage Act | ||
of 1984, or the Illinois Parentage Act of 2015. | ||
Notwithstanding any provisions in this Code to the | ||
contrary, the Department of Financial and Professional | ||
Regulation shall not be liable under any federal or State | ||
law to any person for any disclosure of information to the | ||
Department of Healthcare and Family Services (formerly | ||
Illinois Department of Public Aid) under this paragraph | ||
(8) or for any other action taken in good faith to comply | ||
with the requirements of this paragraph (8). | ||
(8.3) To exchange information with the Department of | ||
Human Rights regarding recommendations received under | ||
paragraph (B) of Section 8-109 of the Illinois Human | ||
Rights Act regarding a licensee or candidate for licensure | ||
who has committed a civil rights violation that may lead | ||
to the refusal, suspension, or revocation of a license | ||
from the Department. | ||
(8.5) To accept continuing education credit for | ||
mandated reporter training on how to recognize and report | ||
child abuse offered by the Department of Children and | ||
Family Services and completed by any person who holds a | ||
professional license issued by the Department and who is a |
mandated reporter under the Abused and Neglected Child | ||
Reporting Act. The Department shall adopt any rules | ||
necessary to implement this paragraph. | ||
(9) To perform other duties prescribed by law. | ||
(a-5) Except in cases involving delinquency in complying | ||
with a child support order or violation of the Non-Support | ||
Punishment Act and notwithstanding anything that may appear in | ||
any individual licensing Act or administrative rule, no person | ||
or entity whose license, certificate, or authority has been | ||
revoked as authorized in any licensing Act administered by the | ||
Department may apply for restoration of that license, | ||
certification, or authority until 3 years after the effective | ||
date of the revocation. | ||
(b) (Blank). | ||
(c) For the purpose of securing and preparing evidence, | ||
and for the purchase of controlled substances, professional | ||
services, and equipment necessary for enforcement activities, | ||
recoupment of investigative costs, and other activities | ||
directed at suppressing the misuse and abuse of controlled | ||
substances, including those activities set forth in Sections | ||
504 and 508 of the Illinois Controlled Substances Act, the | ||
Director and agents appointed and authorized by the Director | ||
may expend sums from the Professional Regulation Evidence Fund | ||
that the Director deems necessary from the amounts | ||
appropriated for that purpose. Those sums may be advanced to | ||
the agent when the Director deems that procedure to be in the |
public interest. Sums for the purchase of controlled | ||
substances, professional services, and equipment necessary for | ||
enforcement activities and other activities as set forth in | ||
this Section shall be advanced to the agent who is to make the | ||
purchase from the Professional Regulation Evidence Fund on | ||
vouchers signed by the Director. The Director and those agents | ||
are authorized to maintain one or more commercial checking | ||
accounts with any State banking corporation or corporations | ||
organized under or subject to the Illinois Banking Act for the | ||
deposit and withdrawal of moneys to be used for the purposes | ||
set forth in this Section; provided, that no check may be | ||
written nor any withdrawal made from any such account except | ||
upon the written signatures of 2 persons designated by the | ||
Director to write those checks and make those withdrawals. | ||
Vouchers for those expenditures must be signed by the | ||
Director. All such expenditures shall be audited by the | ||
Director, and the audit shall be submitted to the Department | ||
of Central Management Services for approval. | ||
(d) Whenever the Department is authorized or required by | ||
law to consider some aspect of criminal history record | ||
information for the purpose of carrying out its statutory | ||
powers and responsibilities, then, upon request and payment of | ||
fees in conformance with the requirements of Section 2605-400 | ||
of the Illinois State Police Law, the Illinois State Police is | ||
authorized to furnish, pursuant to positive identification, | ||
the information contained in State files that is necessary to |
fulfill the request. | ||
(e) The provisions of this Section do not apply to private | ||
business and vocational schools as defined by Section 15 of | ||
the Private Business and Vocational Schools Act of 2012. | ||
(f) (Blank). | ||
(f-5) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall allow an applicant to provide his or her | ||
individual taxpayer identification number as an alternative to | ||
providing a social security number when applying for a | ||
license. | ||
(g) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall deny any license application or renewal | ||
authorized under any licensing Act administered by the | ||
Department to any person who has failed to file a return, or to | ||
pay the tax, penalty, or interest shown in a filed return, or | ||
to pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Illinois | ||
Department of Revenue, until such time as the requirement of | ||
any such tax Act are satisfied; however, the Department may | ||
issue a license or renewal if the person has established a | ||
satisfactory repayment record as determined by the Illinois | ||
Department of Revenue. For the purpose of this Section, | ||
"satisfactory repayment record" shall be defined by rule. | ||
In addition, a complaint filed with the Department by the |
Illinois Department of Revenue that includes a certification, | ||
signed by its Director or designee, attesting to the amount of | ||
the unpaid tax liability or the years for which a return was | ||
not filed, or both, is prima facie evidence of the licensee's | ||
failure to comply with the tax laws administered by the | ||
Illinois Department of Revenue. Upon receipt of that | ||
certification, the Department shall, without a hearing, | ||
immediately suspend all licenses held by the licensee. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order to the | ||
licensee's address of record or emailing a copy of the order to | ||
the licensee's email address of record. The notice shall | ||
advise the licensee that the suspension shall be effective 60 | ||
days after the issuance of the Department's order unless the | ||
Department receives, from the licensee, a request for a | ||
hearing before the Department to dispute the matters contained | ||
in the order. | ||
Any suspension imposed under this subsection (g) shall be | ||
terminated by the Department upon notification from the | ||
Illinois Department of Revenue that the licensee is in | ||
compliance with all tax laws administered by the Illinois | ||
Department of Revenue. | ||
The Department may promulgate rules for the administration | ||
of this subsection (g). | ||
(g-5) Notwithstanding anything that may appear in any |
individual licensing statute or administrative rule, the | ||
Department shall refuse the issuance or renewal of a license | ||
to, or suspend or revoke the license of, any individual, | ||
corporation, partnership, or other business entity that has | ||
been found by the Illinois Workers' Compensation Commission or | ||
the Department of Insurance to have failed to (i) secure | ||
workers' compensation obligations in the manner required by | ||
subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act, (ii) pay in full a fine or penalty imposed | ||
due to a failure to secure workers' compensation obligations | ||
in the manner required by subsections (a) and (b) of Section 4 | ||
of the Workers' Compensation Act, or (iii) fulfill all | ||
obligations assumed pursuant to a settlement reached with the | ||
Illinois Workers' Compensation Commission or the Department of | ||
Insurance relating to a failure to secure workers' | ||
compensation obligations in the manner required by subsections | ||
(a) and (b) of Section 4 of the Workers' Compensation Act. No | ||
initial or renewal license shall be issued, and no suspended | ||
license shall be reinstated, until such time that the | ||
Department is notified by the Illinois Workers' Compensation | ||
Commission or the Department of Insurance that the licensee's | ||
or applicant's failure to comply with subsections (a) and (b) | ||
of Section 4 of the Workers' Compensation Act has been | ||
corrected or otherwise resolved to satisfaction of the | ||
Illinois Workers' Compensation Commission or the Department of | ||
Insurance. |
In addition, a complaint filed with the Department by the | ||
Illinois Workers' Compensation Commission or the Department of | ||
Insurance that includes a certification, signed by its | ||
Director or Chairman, or the Director or Chairman's designee, | ||
attesting to a finding of the failure to secure workers' | ||
compensation obligations in the manner required by subsections | ||
(a) and (b) of Section 4 of the Workers' Compensation Act or | ||
the failure to pay any fines or penalties or to discharge any | ||
obligation under a settlement relating to the failure to | ||
secure workers' compensation obligations in the manner | ||
required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act is prima facie evidence of the | ||
licensee's or applicant's failure to comply with subsections | ||
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||
receipt of that certification, the Department shall, without a | ||
hearing, immediately suspend all licenses held by the licensee | ||
or the processing of any application from the applicant. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order to the | ||
licensee's address of record or emailing a copy of the order to | ||
the licensee's email address of record. The notice shall | ||
advise the licensee that the suspension shall be effective 60 | ||
days after the issuance of the Department's order unless the | ||
Department receives from the licensee or applicant a request | ||
for a hearing before the Department to dispute the matters |
contained in the order. | ||
Any suspension imposed under this subsection shall be | ||
terminated by the Department upon notification from the | ||
Illinois Workers' Compensation Commission or the Department of | ||
Insurance that the licensee's or applicant's failure to comply | ||
with subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act has been corrected or otherwise resolved to | ||
the satisfaction of the Illinois Workers' Compensation | ||
Commission Commissions or the Department of Insurance. | ||
No license shall be suspended or revoked until after the | ||
licensee is afforded any due process protection guaranteed by | ||
statute or rule adopted by the Illinois Workers' Compensation | ||
Commission or the Department of Insurance. | ||
The Department may adopt rules for the administration of | ||
this subsection. | ||
(h) The Department may grant the title "Retired", to be | ||
used immediately adjacent to the title of a profession | ||
regulated by the Department, to eligible retirees. For | ||
individuals licensed under the Medical Practice Act of 1987, | ||
the title "Retired" may be used in the profile required by the | ||
Patients' Right to Know Act. The use of the title "Retired" | ||
shall not constitute representation of current licensure, | ||
registration, or certification. Any person without an active | ||
license, registration, or certificate in a profession that | ||
requires licensure, registration, or certification shall not | ||
be permitted to practice that profession. |
(i) The Department shall make available on its website | ||
general information explaining how the Department utilizes | ||
criminal history information in making licensure application | ||
decisions, including a list of enumerated offenses that serve | ||
as a statutory bar to licensure. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24; | ||
revised 1-2-24.) | ||
(20 ILCS 2105/2105-368) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 2105-368 2105-370 . Data on applications. In | ||
conjunction with applications for licensure, the Department | ||
shall request, and applicants may voluntarily provide, | ||
demographic information that includes sex, ethnicity, race, | ||
and disability. On or before March 1 of each calendar year, the | ||
Department shall publish a report on the Department's website | ||
that contains the demographic information it collected the | ||
preceding calendar year, the number of applications for | ||
licensure and renewal of licensure it received in the | ||
preceding calendar year, and the number of applicants who were | ||
denied licensure in the preceding calendar year regardless of | ||
whether application was made in that calendar year. | ||
(Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.) | ||
(20 ILCS 2105/2105-370) |
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 2105-370. Continuing education; cultural competency. | ||
(a) As used in this Section: | ||
"Cultural competency" means a set of integrated attitudes, | ||
knowledge, and skills that enables a health care professional | ||
or organization to care effectively for patients from diverse | ||
cultures, groups, and communities. | ||
"Health care professional" means a person licensed or | ||
registered by the Department under the following Acts: the | ||
Medical Practice Act of 1987, the Nurse Practice Act, the | ||
Clinical Psychologist Licensing Act, the Illinois Optometric | ||
Practice Act of 1987, the Illinois Physical Therapy Act, the | ||
Pharmacy Practice Act, the Physician Assistant Practice Act of | ||
1987, the Clinical Social Work and Social Work Practice Act, | ||
the Nursing Home Administrators Licensing and Disciplinary | ||
Act, the Illinois Occupational Therapy Practice Act, the | ||
Podiatric Medical Practice Act of 1987, the Respiratory Care | ||
Practice Act, the Professional Counselor and Clinical | ||
Professional Counselor Licensing and Practice Act, the | ||
Illinois Speech-Language Pathology and Audiology Practice Act, | ||
the Illinois Dental Practice Act, the Illinois Dental Practice | ||
Act, or the Behavior Analyst Licensing Act. | ||
(b) For health care professional license or registration | ||
renewals occurring on or after January 1, 2025, a health care | ||
professional who has continuing education requirements must |
complete at least a one-hour course in training on cultural | ||
competency. A health care professional may count this one hour | ||
for completion of this course toward meeting the minimum | ||
credit hours required for continuing education. | ||
(c) The Department may adopt rules for the implementation | ||
of this Section. | ||
(Source: P.A. 103-531, eff. 1-1-25.) | ||
Section 105. The Department of Public Health Powers and | ||
Duties Law of the Civil Administrative Code of Illinois is | ||
amended by changing Section 2310-130 and by setting forth and | ||
renumbering multiple versions of Section 2310-720 as follows: | ||
(20 ILCS 2310/2310-130) | ||
Sec. 2310-130. Long term care surveyors; surveyor | ||
development unit. Long Term Care Monitor/Receiver Beginning | ||
July 1, 2011, the Department shall employ a minimum of one | ||
surveyor for every 500 licensed long term care beds. Beginning | ||
July 1, 2012, the Department shall employ a minimum of one | ||
surveyor for every 400 licensed long term care beds. Beginning | ||
July 1, 2013, the Department shall employ a minimum of one | ||
surveyor for every 300 licensed long term care beds. | ||
The Department shall establish a surveyor development unit | ||
funded from money deposited in the Long Term Care | ||
Monitor/Receiver Fund. | ||
(Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23; |
revised 12-12-23.) | ||
(20 ILCS 2310/2310-720) | ||
Sec. 2310-720. Pilot program with municipalities that | ||
employ a certified plumbing inspector. The Department shall | ||
create a pilot program to allow the Department to enter into an | ||
agreement with a municipality that employs a State of Illinois | ||
certified plumbing inspector to do inspections on behalf of | ||
the Department and submit appropriate documentation as | ||
requested to verify the inspections were completed to the | ||
standards required by the Department and outlined in the | ||
partnership. | ||
(Source: P.A. 103-321, eff. 1-1-24.) | ||
(20 ILCS 2310/2310-725) | ||
Sec. 2310-725 2310-720 . Public educational effort on | ||
mental health and wellness. Subject to appropriation, the | ||
Department shall undertake a public educational campaign to | ||
bring broad public awareness to communities across this State | ||
on the importance of mental health and wellness, including the | ||
expanded coverage of mental health treatment, and consistent | ||
with the recommendations of the Illinois Children's Mental | ||
Health Partnership's Children's Mental Health Plan of 2022 and | ||
Public Act 102-899. The Department shall look to other | ||
successful public educational campaigns to guide this effort, | ||
such as the public educational campaign related to Get Covered |
Illinois. Additionally, the Department shall work with the | ||
Department of Insurance, the Illinois State Board of | ||
Education, the Department of Human Services, the Department of | ||
Healthcare and Family Services, the Department of Juvenile | ||
Justice, the Department of Children and Family Services, and | ||
other State agencies as necessary to promote consistency in | ||
messaging and distribution methods between this campaign and | ||
other concurrent public educational campaigns related to | ||
mental health and mental wellness. Public messaging for this | ||
campaign shall be simple, be easy to understand, and include | ||
culturally competent messaging for different communities and | ||
regions throughout this State. | ||
(Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.) | ||
Section 110. The Illinois State Police Law of the Civil | ||
Administrative Code of Illinois is amended by changing Section | ||
2605-52 as follows: | ||
(20 ILCS 2605/2605-52) | ||
Sec. 2605-52. Division of Statewide 9-1-1. | ||
(a) There shall be established an Office of the Statewide | ||
9-1-1 Administrator within the Division of Statewide 9-1-1. | ||
Beginning January 1, 2016, the Office of the Statewide 9-1-1 | ||
Administrator shall be responsible for developing, | ||
implementing, and overseeing a uniform statewide 9-1-1 system | ||
for all areas of the State outside of municipalities having a |
population over 500,000. | ||
(b) The Governor shall appoint, with the advice and | ||
consent of the Senate, a Statewide 9-1-1 Administrator. The | ||
Administrator shall serve for a term of 2 years , and until a | ||
successor is appointed and qualified; except that the term of | ||
the first 9-1-1 Administrator appointed under this Act shall | ||
expire on the third Monday in January, 2017. The Administrator | ||
shall not hold any other remunerative public office. The | ||
Administrator shall receive an annual salary as set by the | ||
Governor. | ||
(c) The Illinois State Police, from appropriations made to | ||
it for that purpose, shall make grants to 9-1-1 Authorities | ||
for the purpose of defraying costs associated with 9-1-1 | ||
system consolidations awarded by the Administrator under | ||
Section 15.4b of the Emergency Telephone System Act. | ||
(d) The Division of Statewide 9-1-1 shall exercise the | ||
rights, powers, and duties vested by law in the Illinois State | ||
Police by the Illinois State Police Radio Act and shall | ||
oversee the Illinois State Police radio network, including the | ||
Illinois State Police Emergency Radio Network and Illinois | ||
State Police's STARCOM21. | ||
(e) The Division of Statewide 9-1-1 shall also conduct the | ||
following communication activities: | ||
(1) Acquire and operate one or more radio broadcasting | ||
stations in the State to be used for police purposes. | ||
(2) Operate a statewide communications network to |
gather and disseminate information for law enforcement | ||
agencies. | ||
(3) Undertake other communication activities that may | ||
be required by law. | ||
(4) Oversee Illinois State Police telecommunications. | ||
(f) The Division of Statewide 9-1-1 shall oversee the | ||
Illinois State Police fleet operations. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||
revised 1-2-24.) | ||
Section 115. The Illinois State Police Act is amended by | ||
changing Section 16 as follows: | ||
(20 ILCS 2610/16) (from Ch. 121, par. 307.16) | ||
Sec. 16. State policemen shall enforce the provisions of | ||
the Illinois Vehicle Code , approved September 29, 1969, as | ||
amended, and Article 9 of the " Illinois Highway Code " as | ||
amended; and shall patrol the public highways and rural | ||
districts to make arrests for violations of the provisions of | ||
such Acts. They are conservators of the peace and as such have | ||
all powers possessed by policemen in cities, and sheriffs, | ||
except that they may exercise such powers anywhere in this | ||
State. The State policemen shall cooperate with the police of | ||
cities, villages , and incorporated towns, and with the police | ||
officers of any county, in enforcing the laws of the State and | ||
in making arrests and recovering property. They may be |
equipped with standardized and tested devices for weighing | ||
motor vehicles and may stop and weigh, acting reasonably, or | ||
cause to be weighed, any motor vehicle which appears to weigh | ||
in excess of the weight permitted by law. It shall also be the | ||
duty of the Illinois State Police to determine, whenever | ||
possible, the person or persons or the causes responsible for | ||
the breaking or destruction of any improved hard-surfaced | ||
roadway ; and to arrest all persons criminally responsible for | ||
such breaking or destruction and bring them before the proper | ||
officer for trial. The Illinois State Police shall divide the | ||
State into zones, troops, or regions and assign each zone, | ||
troop, or region to one or more policemen. No person employed | ||
under this Act, however, shall serve or execute civil process, | ||
except for process issued under the authority of the General | ||
Assembly, or a committee or commission thereof vested with | ||
subpoena powers when the county sheriff refuses or fails to | ||
serve such process, and except for process allowed by statute | ||
or issued under the authority of the Illinois Department of | ||
Revenue. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23; | ||
revised 9-25-23.) | ||
Section 120. The Human Remains Protection Act is amended | ||
by changing Section 13 as follows: | ||
(20 ILCS 3440/13) (from Ch. 127, par. 2673) |
Sec. 13. Notification. | ||
(a) If an undertaking will occur on property that the | ||
property owner has been notified in writing by the Department | ||
that the land is likely to contain human remains, unregistered | ||
graves, grave markers, or grave artifacts, a permit shall be | ||
obtained by the landowner from the Department. | ||
(b) If human remains, unregistered graves, grave markers, | ||
or grave artifacts that were unknown and were encountered by | ||
any person, a permit shall be obtained from the Department | ||
before any work on the undertaking may continue. | ||
(c) The Department of Natural Resources shall adopt | ||
administrative rules whereby permits shall be issued for the | ||
avoidance, disturbance, or removal of human remains, | ||
unregistered graves, grave markers, or grave artifacts, or a | ||
combination of those activities. The Department may adopt | ||
emergency rules in accordance with Sections 5-45 and 5-45.47 | ||
5-45.35 of the Illinois Administrative Procedure Act. The | ||
adoption of emergency rules authorized by Sections 5-45 and | ||
5-45.47 5-45.35 of the Illinois Administrative Procedure Act | ||
and this paragraph is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
(d) Each permit shall specify all terms and conditions | ||
under which the avoidance, removal, or disturbance of human | ||
remains, grave artifacts, grave markers, or unregistered | ||
graves shall be carried out. All costs accrued in the removal | ||
of the aforementioned materials shall be borne by the permit |
applicant. Within 60 days of the completion of the | ||
undertaking, the permit holder shall submit a report, on a | ||
form provided by the Department, of the results to the | ||
Department. | ||
(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.) | ||
Section 125. The Illinois Power Agency Act is amended by | ||
changing Section 1-56 as follows: | ||
(20 ILCS 3855/1-56) | ||
Sec. 1-56. Illinois Power Agency Renewable Energy | ||
Resources Fund; Illinois Solar for All Program. | ||
(a) The Illinois Power Agency Renewable Energy Resources | ||
Fund is created as a special fund in the State treasury. | ||
(b) The Illinois Power Agency Renewable Energy Resources | ||
Fund shall be administered by the Agency as described in this | ||
subsection (b), provided that the changes to this subsection | ||
(b) made by Public Act 99-906 this amendatory Act of the 99th | ||
General Assembly shall not interfere with existing contracts | ||
under this Section. | ||
(1) The Illinois Power Agency Renewable Energy | ||
Resources Fund shall be used to purchase renewable energy | ||
credits according to any approved procurement plan | ||
developed by the Agency prior to June 1, 2017. | ||
(2) The Illinois Power Agency Renewable Energy | ||
Resources Fund shall also be used to create the Illinois |
Solar for All Program, which provides incentives for | ||
low-income distributed generation and community solar | ||
projects, and other associated approved expenditures. The | ||
objectives of the Illinois Solar for All Program are to | ||
bring photovoltaics to low-income communities in this | ||
State in a manner that maximizes the development of new | ||
photovoltaic generating facilities, to create a long-term, | ||
low-income solar marketplace throughout this State, to | ||
integrate, through interaction with stakeholders, with | ||
existing energy efficiency initiatives, and to minimize | ||
administrative costs. The Illinois Solar for All Program | ||
shall be implemented in a manner that seeks to minimize | ||
administrative costs, and maximize efficiencies and | ||
synergies available through coordination with similar | ||
initiatives, including the Adjustable Block program | ||
described in subparagraphs (K) through (M) of paragraph | ||
(1) of subsection (c) of Section 1-75, energy efficiency | ||
programs, job training programs, and community action | ||
agencies. The Agency shall strive to ensure that renewable | ||
energy credits procured through the Illinois Solar for All | ||
Program and each of its subprograms are purchased from | ||
projects across the breadth of low-income and | ||
environmental justice communities in Illinois, including | ||
both urban and rural communities, are not concentrated in | ||
a few communities, and do not exclude particular | ||
low-income or environmental justice communities. The |
Agency shall include a description of its proposed | ||
approach to the design, administration, implementation and | ||
evaluation of the Illinois Solar for All Program, as part | ||
of the long-term renewable resources procurement plan | ||
authorized by subsection (c) of Section 1-75 of this Act, | ||
and the program shall be designed to grow the low-income | ||
solar market. The Agency or utility, as applicable, shall | ||
purchase renewable energy credits from the (i) | ||
photovoltaic distributed renewable energy generation | ||
projects and (ii) community solar projects that are | ||
procured under procurement processes authorized by the | ||
long-term renewable resources procurement plans approved | ||
by the Commission. | ||
The Illinois Solar for All Program shall include the | ||
program offerings described in subparagraphs (A) through | ||
(E) of this paragraph (2), which the Agency shall | ||
implement through contracts with third-party providers | ||
and, subject to appropriation, pay the approximate amounts | ||
identified using monies available in the Illinois Power | ||
Agency Renewable Energy Resources Fund. Each contract that | ||
provides for the installation of solar facilities shall | ||
provide that the solar facilities will produce energy and | ||
economic benefits, at a level determined by the Agency to | ||
be reasonable, for the participating low-income low income | ||
customers. The monies available in the Illinois Power | ||
Agency Renewable Energy Resources Fund and not otherwise |
committed to contracts executed under subsection (i) of | ||
this Section, as well as, in the case of the programs | ||
described under subparagraphs (A) through (E) of this | ||
paragraph (2), funding authorized pursuant to subparagraph | ||
(O) of paragraph (1) of subsection (c) of Section 1-75 of | ||
this Act, shall initially be allocated among the programs | ||
described in this paragraph (2), as follows: 35% of these | ||
funds shall be allocated to programs described in | ||
subparagraphs (A) and (E) of this paragraph (2), 40% of | ||
these funds shall be allocated to programs described in | ||
subparagraph (B) of this paragraph (2), and 25% of these | ||
funds shall be allocated to programs described in | ||
subparagraph (C) of this paragraph (2). The allocation of | ||
funds among subparagraphs (A), (B), (C), and (E) of this | ||
paragraph (2) may be changed if the Agency, after | ||
receiving input through a stakeholder process, determines | ||
incentives in subparagraphs (A), (B), (C), or (E) of this | ||
paragraph (2) have not been adequately subscribed to fully | ||
utilize available Illinois Solar for All Program funds. | ||
Contracts that will be paid with funds in the Illinois | ||
Power Agency Renewable Energy Resources Fund shall be | ||
executed by the Agency. Contracts that will be paid with | ||
funds collected by an electric utility shall be executed | ||
by the electric utility. | ||
Contracts under the Illinois Solar for All Program | ||
shall include an approach, as set forth in the long-term |
renewable resources procurement plans, to ensure the | ||
wholesale market value of the energy is credited to | ||
participating low-income customers or organizations and to | ||
ensure tangible economic benefits flow directly to program | ||
participants, except in the case of low-income | ||
multi-family housing where the low-income customer does | ||
not directly pay for energy. Priority shall be given to | ||
projects that demonstrate meaningful involvement of | ||
low-income community members in designing the initial | ||
proposals. Acceptable proposals to implement projects must | ||
demonstrate the applicant's ability to conduct initial | ||
community outreach, education, and recruitment of | ||
low-income participants in the community. Projects must | ||
include job training opportunities if available, with the | ||
specific level of trainee usage to be determined through | ||
the Agency's long-term renewable resources procurement | ||
plan, and the Illinois Solar for All Program Administrator | ||
shall coordinate with the job training programs described | ||
in paragraph (1) of subsection (a) of Section 16-108.12 of | ||
the Public Utilities Act and in the Energy Transition Act. | ||
The Agency shall make every effort to ensure that | ||
small and emerging businesses, particularly those located | ||
in low-income and environmental justice communities, are | ||
able to participate in the Illinois Solar for All Program. | ||
These efforts may include, but shall not be limited to, | ||
proactive support from the program administrator, |
different or preferred access to subprograms and | ||
administrator-identified customers or grassroots | ||
education provider-identified customers, and different | ||
incentive levels. The Agency shall report on progress and | ||
barriers to participation of small and emerging businesses | ||
in the Illinois Solar for All Program at least once a year. | ||
The report shall be made available on the Agency's website | ||
and, in years when the Agency is updating its long-term | ||
renewable resources procurement plan, included in that | ||
Plan. | ||
(A) Low-income single-family and small multifamily | ||
solar incentive. This program will provide incentives | ||
to low-income customers, either directly or through | ||
solar providers, to increase the participation of | ||
low-income households in photovoltaic on-site | ||
distributed generation at residential buildings | ||
containing one to 4 units. Companies participating in | ||
this program that install solar panels shall commit to | ||
hiring job trainees for a portion of their low-income | ||
installations, and an administrator shall facilitate | ||
partnering the companies that install solar panels | ||
with entities that provide solar panel installation | ||
job training. It is a goal of this program that a | ||
minimum of 25% of the incentives for this program be | ||
allocated to projects located within environmental | ||
justice communities. Contracts entered into under this |
paragraph may be entered into with an entity that will | ||
develop and administer the program and shall also | ||
include contracts for renewable energy credits from | ||
the photovoltaic distributed generation that is the | ||
subject of the program, as set forth in the long-term | ||
renewable resources procurement plan. Additionally: | ||
(i) The Agency shall reserve a portion of this | ||
program for projects that promote energy | ||
sovereignty through ownership of projects by | ||
low-income households, not-for-profit | ||
organizations providing services to low-income | ||
households, affordable housing owners, community | ||
cooperatives, or community-based limited liability | ||
companies providing services to low-income | ||
households. Projects that feature energy ownership | ||
should ensure that local people have control of | ||
the project and reap benefits from the project | ||
over and above energy bill savings. The Agency may | ||
consider the inclusion of projects that promote | ||
ownership over time or that involve partial | ||
project ownership by communities, as promoting | ||
energy sovereignty. Incentives for projects that | ||
promote energy sovereignty may be higher than | ||
incentives for equivalent projects that do not | ||
promote energy sovereignty under this same | ||
program. |
(ii) Through its long-term renewable resources | ||
procurement plan, the Agency shall consider | ||
additional program and contract requirements to | ||
ensure faithful compliance by applicants | ||
benefiting from preferences for projects | ||
designated to promote energy sovereignty. The | ||
Agency shall make every effort to enable solar | ||
providers already participating in the Adjustable | ||
Block Program Block-Program under subparagraph (K) | ||
of paragraph (1) of subsection (c) of Section 1-75 | ||
of this Act, and particularly solar providers | ||
developing projects under item (i) of subparagraph | ||
(K) of paragraph (1) of subsection (c) of Section | ||
1-75 of this Act to easily participate in the | ||
Low-Income Distributed Generation Incentive | ||
program described under this subparagraph (A), and | ||
vice versa. This effort may include, but shall not | ||
be limited to, utilizing similar or the same | ||
application systems and processes, similar or the | ||
same forms and formats of communication, and | ||
providing active outreach to companies | ||
participating in one program but not the other. | ||
The Agency shall report on efforts made to | ||
encourage this cross-participation in its | ||
long-term renewable resources procurement plan. | ||
(B) Low-Income Community Solar Project Initiative. |
Incentives shall be offered to low-income customers, | ||
either directly or through developers, to increase the | ||
participation of low-income subscribers of community | ||
solar projects. The developer of each project shall | ||
identify its partnership with community stakeholders | ||
regarding the location, development, and participation | ||
in the project, provided that nothing shall preclude a | ||
project from including an anchor tenant that does not | ||
qualify as low-income. Companies participating in this | ||
program that develop or install solar projects shall | ||
commit to hiring job trainees for a portion of their | ||
low-income installations, and an administrator shall | ||
facilitate partnering the companies that install solar | ||
projects with entities that provide solar installation | ||
and related job training. It is a goal of this program | ||
that a minimum of 25% of the incentives for this | ||
program be allocated to community photovoltaic | ||
projects in environmental justice communities. The | ||
Agency shall reserve a portion of this program for | ||
projects that promote energy sovereignty through | ||
ownership of projects by low-income households, | ||
not-for-profit organizations providing services to | ||
low-income households, affordable housing owners, or | ||
community-based limited liability companies providing | ||
services to low-income households. Projects that | ||
feature energy ownership should ensure that local |
people have control of the project and reap benefits | ||
from the project over and above energy bill savings. | ||
The Agency may consider the inclusion of projects that | ||
promote ownership over time or that involve partial | ||
project ownership by communities, as promoting energy | ||
sovereignty. Incentives for projects that promote | ||
energy sovereignty may be higher than incentives for | ||
equivalent projects that do not promote energy | ||
sovereignty under this same program. Contracts entered | ||
into under this paragraph may be entered into with | ||
developers and shall also include contracts for | ||
renewable energy credits related to the program. | ||
(C) Incentives for non-profits and public | ||
facilities. Under this program funds shall be used to | ||
support on-site photovoltaic distributed renewable | ||
energy generation devices to serve the load associated | ||
with not-for-profit customers and to support | ||
photovoltaic distributed renewable energy generation | ||
that uses photovoltaic technology to serve the load | ||
associated with public sector customers taking service | ||
at public buildings. Companies participating in this | ||
program that develop or install solar projects shall | ||
commit to hiring job trainees for a portion of their | ||
low-income installations, and an administrator shall | ||
facilitate partnering the companies that install solar | ||
projects with entities that provide solar installation |
and related job training. Through its long-term | ||
renewable resources procurement plan, the Agency shall | ||
consider additional program and contract requirements | ||
to ensure faithful compliance by applicants benefiting | ||
from preferences for projects designated to promote | ||
energy sovereignty. It is a goal of this program that | ||
at least 25% of the incentives for this program be | ||
allocated to projects located in environmental justice | ||
communities. Contracts entered into under this | ||
paragraph may be entered into with an entity that will | ||
develop and administer the program or with developers | ||
and shall also include contracts for renewable energy | ||
credits related to the program. | ||
(D) (Blank). | ||
(E) Low-income large multifamily solar incentive. | ||
This program shall provide incentives to low-income | ||
customers, either directly or through solar providers, | ||
to increase the participation of low-income households | ||
in photovoltaic on-site distributed generation at | ||
residential buildings with 5 or more units. Companies | ||
participating in this program that develop or install | ||
solar projects shall commit to hiring job trainees for | ||
a portion of their low-income installations, and an | ||
administrator shall facilitate partnering the | ||
companies that install solar projects with entities | ||
that provide solar installation and related job |
training. It is a goal of this program that a minimum | ||
of 25% of the incentives for this program be allocated | ||
to projects located within environmental justice | ||
communities. The Agency shall reserve a portion of | ||
this program for projects that promote energy | ||
sovereignty through ownership of projects by | ||
low-income households, not-for-profit organizations | ||
providing services to low-income households, | ||
affordable housing owners, or community-based limited | ||
liability companies providing services to low-income | ||
households. Projects that feature energy ownership | ||
should ensure that local people have control of the | ||
project and reap benefits from the project over and | ||
above energy bill savings. The Agency may consider the | ||
inclusion of projects that promote ownership over time | ||
or that involve partial project ownership by | ||
communities, as promoting energy sovereignty. | ||
Incentives for projects that promote energy | ||
sovereignty may be higher than incentives for | ||
equivalent projects that do not promote energy | ||
sovereignty under this same program. | ||
The requirement that a qualified person, as defined in | ||
paragraph (1) of subsection (i) of this Section, install | ||
photovoltaic devices does not apply to the Illinois Solar | ||
for All Program described in this subsection (b). | ||
In addition to the programs outlined in paragraphs (A) |
through (E), the Agency and other parties may propose | ||
additional programs through the Long-Term Renewable | ||
Resources Procurement Plan developed and approved under | ||
paragraph (5) of subsection (b) of Section 16-111.5 of the | ||
Public Utilities Act. Additional programs may target | ||
market segments not specified above and may also include | ||
incentives targeted to increase the uptake of | ||
nonphotovoltaic technologies by low-income customers, | ||
including energy storage paired with photovoltaics, if the | ||
Commission determines that the Illinois Solar for All | ||
Program would provide greater benefits to the public | ||
health and well-being of low-income residents through also | ||
supporting that additional program versus supporting | ||
programs already authorized. | ||
(3) Costs associated with the Illinois Solar for All | ||
Program and its components described in paragraph (2) of | ||
this subsection (b), including, but not limited to, costs | ||
associated with procuring experts, consultants, and the | ||
program administrator referenced in this subsection (b) | ||
and related incremental costs, costs related to income | ||
verification and facilitating customer participation in | ||
the program, and costs related to the evaluation of the | ||
Illinois Solar for All Program, may be paid for using | ||
monies in the Illinois Power Agency Renewable Energy | ||
Resources Fund, and funds allocated pursuant to | ||
subparagraph (O) of paragraph (1) of subsection (c) of |
Section 1-75, but the Agency or program administrator | ||
shall strive to minimize costs in the implementation of | ||
the program. The Agency or contracting electric utility | ||
shall purchase renewable energy credits from generation | ||
that is the subject of a contract under subparagraphs (A) | ||
through (E) of paragraph (2) of this subsection (b), and | ||
may pay for such renewable energy credits through an | ||
upfront payment per installed kilowatt of nameplate | ||
capacity paid once the device is interconnected at the | ||
distribution system level of the interconnecting utility | ||
and verified as energized. Payments for renewable energy | ||
credits shall be in exchange for all renewable energy | ||
credits generated by the system during the first 15 years | ||
of operation and shall be structured to overcome barriers | ||
to participation in the solar market by the low-income | ||
community. The incentives provided for in this Section may | ||
be implemented through the pricing of renewable energy | ||
credits where the prices paid for the credits are higher | ||
than the prices from programs offered under subsection (c) | ||
of Section 1-75 of this Act to account for the additional | ||
capital necessary to successfully access targeted market | ||
segments. The Agency or contracting electric utility shall | ||
retire any renewable energy credits purchased under this | ||
program and the credits shall count toward towards the | ||
obligation under subsection (c) of Section 1-75 of this | ||
Act for the electric utility to which the project is |
interconnected, if applicable. | ||
The Agency shall direct that up to 5% of the funds | ||
available under the Illinois Solar for All Program to | ||
community-based groups and other qualifying organizations | ||
to assist in community-driven education efforts related to | ||
the Illinois Solar for All Program, including general | ||
energy education, job training program outreach efforts, | ||
and other activities deemed to be qualified by the Agency. | ||
Grassroots education funding shall not be used to support | ||
the marketing by solar project development firms and | ||
organizations, unless such education provides equal | ||
opportunities for all applicable firms and organizations. | ||
(4) The Agency shall, consistent with the requirements | ||
of this subsection (b), propose the Illinois Solar for All | ||
Program terms, conditions, and requirements, including the | ||
prices to be paid for renewable energy credits, and which | ||
prices may be determined through a formula, through the | ||
development, review, and approval of the Agency's | ||
long-term renewable resources procurement plan described | ||
in subsection (c) of Section 1-75 of this Act and Section | ||
16-111.5 of the Public Utilities Act. In the course of the | ||
Commission proceeding initiated to review and approve the | ||
plan, including the Illinois Solar for All Program | ||
proposed by the Agency, a party may propose an additional | ||
low-income solar or solar incentive program, or | ||
modifications to the programs proposed by the Agency, and |
the Commission may approve an additional program, or | ||
modifications to the Agency's proposed program, if the | ||
additional or modified program more effectively maximizes | ||
the benefits to low-income customers after taking into | ||
account all relevant factors, including, but not limited | ||
to, the extent to which a competitive market for | ||
low-income solar has developed. Following the Commission's | ||
approval of the Illinois Solar for All Program, the Agency | ||
or a party may propose adjustments to the program terms, | ||
conditions, and requirements, including the price offered | ||
to new systems, to ensure the long-term viability and | ||
success of the program. The Commission shall review and | ||
approve any modifications to the program through the plan | ||
revision process described in Section 16-111.5 of the | ||
Public Utilities Act. | ||
(5) The Agency shall issue a request for | ||
qualifications for a third-party program administrator or | ||
administrators to administer all or a portion of the | ||
Illinois Solar for All Program. The third-party program | ||
administrator shall be chosen through a competitive bid | ||
process based on selection criteria and requirements | ||
developed by the Agency, including, but not limited to, | ||
experience in administering low-income energy programs and | ||
overseeing statewide clean energy or energy efficiency | ||
services. If the Agency retains a program administrator or | ||
administrators to implement all or a portion of the |
Illinois Solar for All Program, each administrator shall | ||
periodically submit reports to the Agency and Commission | ||
for each program that it administers, at appropriate | ||
intervals to be identified by the Agency in its long-term | ||
renewable resources procurement plan, provided that the | ||
reporting interval is at least quarterly. The third-party | ||
program administrator may be, but need not be, the same | ||
administrator as for the Adjustable Block program | ||
described in subparagraphs (K) through (M) of paragraph | ||
(1) of subsection (c) of Section 1-75. The Agency, through | ||
its long-term renewable resources procurement plan | ||
approval process, shall also determine if individual | ||
subprograms of the Illinois Solar for All Program are | ||
better served by a different or separate Program | ||
Administrator. | ||
The third-party administrator's responsibilities | ||
shall also include facilitating placement for graduates of | ||
Illinois-based renewable energy-specific job training | ||
programs, including the Clean Jobs Workforce Network | ||
Program and the Illinois Climate Works Preapprenticeship | ||
Program administered by the Department of Commerce and | ||
Economic Opportunity and programs administered under | ||
Section 16-108.12 of the Public Utilities Act. To increase | ||
the uptake of trainees by participating firms, the | ||
administrator shall also develop a web-based clearinghouse | ||
for information available to both job training program |
graduates and firms participating, directly or indirectly, | ||
in Illinois solar incentive programs. The program | ||
administrator shall also coordinate its activities with | ||
entities implementing electric and natural gas | ||
income-qualified energy efficiency programs, including | ||
customer referrals to and from such programs, and connect | ||
prospective low-income solar customers with any existing | ||
deferred maintenance programs where applicable. | ||
(6) The long-term renewable resources procurement plan | ||
shall also provide for an independent evaluation of the | ||
Illinois Solar for All Program. At least every 2 years, | ||
the Agency shall select an independent evaluator to review | ||
and report on the Illinois Solar for All Program and the | ||
performance of the third-party program administrator of | ||
the Illinois Solar for All Program. The evaluation shall | ||
be based on objective criteria developed through a public | ||
stakeholder process. The process shall include feedback | ||
and participation from Illinois Solar for All Program | ||
stakeholders, including participants and organizations in | ||
environmental justice and historically underserved | ||
communities. The report shall include a summary of the | ||
evaluation of the Illinois Solar for All Program based on | ||
the stakeholder developed objective criteria. The report | ||
shall include the number of projects installed; the total | ||
installed capacity in kilowatts; the average cost per | ||
kilowatt of installed capacity to the extent reasonably |
obtainable by the Agency; the number of jobs or job | ||
opportunities created; economic, social, and environmental | ||
benefits created; and the total administrative costs | ||
expended by the Agency and program administrator to | ||
implement and evaluate the program. The report shall be | ||
delivered to the Commission and posted on the Agency's | ||
website, and shall be used, as needed, to revise the | ||
Illinois Solar for All Program. The Commission shall also | ||
consider the results of the evaluation as part of its | ||
review of the long-term renewable resources procurement | ||
plan under subsection (c) of Section 1-75 of this Act. | ||
(7) If additional funding for the programs described | ||
in this subsection (b) is available under subsection (k) | ||
of Section 16-108 of the Public Utilities Act, then the | ||
Agency shall submit a procurement plan to the Commission | ||
no later than September 1, 2018, that proposes how the | ||
Agency will procure programs on behalf of the applicable | ||
utility. After notice and hearing, the Commission shall | ||
approve, or approve with modification, the plan no later | ||
than November 1, 2018. | ||
(8) As part of the development and update of the | ||
long-term renewable resources procurement plan authorized | ||
by subsection (c) of Section 1-75 of this Act, the Agency | ||
shall plan for: (A) actions to refer customers from the | ||
Illinois Solar for All Program to electric and natural gas | ||
income-qualified energy efficiency programs, and vice |
versa, with the goal of increasing participation in both | ||
of these programs; (B) effective procedures for data | ||
sharing, as needed, to effectuate referrals between the | ||
Illinois Solar for All Program and both electric and | ||
natural gas income-qualified energy efficiency programs, | ||
including sharing customer information directly with the | ||
utilities, as needed and appropriate; and (C) efforts to | ||
identify any existing deferred maintenance programs for | ||
which prospective Solar for All Program customers may be | ||
eligible and connect prospective customers for whom | ||
deferred maintenance is or may be a barrier to solar | ||
installation to those programs. | ||
As used in this subsection (b), "low-income households" | ||
means persons and families whose income does not exceed 80% of | ||
area median income, adjusted for family size and revised every | ||
5 years. | ||
For the purposes of this subsection (b), the Agency shall | ||
define "environmental justice community" based on the | ||
methodologies and findings established by the Agency and the | ||
Administrator for the Illinois Solar for All Program in its | ||
initial long-term renewable resources procurement plan and as | ||
updated by the Agency and the Administrator for the Illinois | ||
Solar for All Program as part of the long-term renewable | ||
resources procurement plan update. | ||
(b-5) After the receipt of all payments required by | ||
Section 16-115D of the Public Utilities Act, no additional |
funds shall be deposited into the Illinois Power Agency | ||
Renewable Energy Resources Fund unless directed by order of | ||
the Commission. | ||
(b-10) After the receipt of all payments required by | ||
Section 16-115D of the Public Utilities Act and payment in | ||
full of all contracts executed by the Agency under subsections | ||
(b) and (i) of this Section, if the balance of the Illinois | ||
Power Agency Renewable Energy Resources Fund is under $5,000, | ||
then the Fund shall be inoperative and any remaining funds and | ||
any funds submitted to the Fund after that date, shall be | ||
transferred to the Supplemental Low-Income Energy Assistance | ||
Fund for use in the Low-Income Home Energy Assistance Program, | ||
as authorized by the Energy Assistance Act. | ||
(b-15) The prevailing wage requirements set forth in the | ||
Prevailing Wage Act apply to each project that is undertaken | ||
pursuant to one or more of the programs of incentives and | ||
initiatives described in subsection (b) of this Section and | ||
for which a project application is submitted to the program | ||
after the effective date of this amendatory Act of the 103rd | ||
General Assembly, except (i) projects that serve single-family | ||
or multi-family residential buildings and (ii) projects with | ||
an aggregate capacity of less than 100 kilowatts that serve | ||
houses of worship. The Agency shall require verification that | ||
all construction performed on a project by the renewable | ||
energy credit delivery contract holder, its contractors, or | ||
its subcontractors relating to the construction of the |
facility is performed by workers receiving an amount for that | ||
work that is greater than or equal to the general prevailing | ||
rate of wages as that term is defined in the Prevailing Wage | ||
Act, and the Agency may adjust renewable energy credit prices | ||
to account for increased labor costs. | ||
In this subsection (b-15), "house of worship" has the | ||
meaning given in subparagraph (Q) of paragraph (1) of | ||
subsection (c) of Section 1-75. | ||
(c) (Blank). | ||
(d) (Blank). | ||
(e) All renewable energy credits procured using monies | ||
from the Illinois Power Agency Renewable Energy Resources Fund | ||
shall be permanently retired. | ||
(f) The selection of one or more third-party program | ||
managers or administrators, the selection of the independent | ||
evaluator, and the procurement processes described in this | ||
Section are exempt from the requirements of the Illinois | ||
Procurement Code, under Section 20-10 of that Code. | ||
(g) All disbursements from the Illinois Power Agency | ||
Renewable Energy Resources Fund shall be made only upon | ||
warrants of the Comptroller drawn upon the Treasurer as | ||
custodian of the Fund upon vouchers signed by the Director or | ||
by the person or persons designated by the Director for that | ||
purpose. The Comptroller is authorized to draw the warrant | ||
upon vouchers so signed. The Treasurer shall accept all | ||
warrants so signed and shall be released from liability for |
all payments made on those warrants. | ||
(h) The Illinois Power Agency Renewable Energy Resources | ||
Fund shall not be subject to sweeps, administrative charges, | ||
or chargebacks, including, but not limited to, those | ||
authorized under Section 8h of the State Finance Act, that | ||
would in any way result in the transfer of any funds from this | ||
Fund to any other fund of this State or in having any such | ||
funds utilized for any purpose other than the express purposes | ||
set forth in this Section. | ||
(h-5) The Agency may assess fees to each bidder to recover | ||
the costs incurred in connection with a procurement process | ||
held under this Section. Fees collected from bidders shall be | ||
deposited into the Renewable Energy Resources Fund. | ||
(i) Supplemental procurement process. | ||
(1) Within 90 days after June 30, 2014 ( the effective | ||
date of Public Act 98-672) this amendatory Act of the 98th | ||
General Assembly , the Agency shall develop a one-time | ||
supplemental procurement plan limited to the procurement | ||
of renewable energy credits, if available, from new or | ||
existing photovoltaics, including, but not limited to, | ||
distributed photovoltaic generation. Nothing in this | ||
subsection (i) requires procurement of wind generation | ||
through the supplemental procurement. | ||
Renewable energy credits procured from new | ||
photovoltaics, including, but not limited to, distributed | ||
photovoltaic generation, under this subsection (i) must be |
procured from devices installed by a qualified person. In | ||
its supplemental procurement plan, the Agency shall | ||
establish contractually enforceable mechanisms for | ||
ensuring that the installation of new photovoltaics is | ||
performed by a qualified person. | ||
For the purposes of this paragraph (1), "qualified | ||
person" means a person who performs installations of | ||
photovoltaics, including, but not limited to, distributed | ||
photovoltaic generation, and who: (A) has completed an | ||
apprenticeship as a journeyman electrician from a United | ||
States Department of Labor registered electrical | ||
apprenticeship and training program and received a | ||
certification of satisfactory completion; or (B) does not | ||
currently meet the criteria under clause (A) of this | ||
paragraph (1), but is enrolled in a United States | ||
Department of Labor registered electrical apprenticeship | ||
program, provided that the person is directly supervised | ||
by a person who meets the criteria under clause (A) of this | ||
paragraph (1); or (C) has obtained one of the following | ||
credentials in addition to attesting to satisfactory | ||
completion of at least 5 years or 8,000 hours of | ||
documented hands-on electrical experience: (i) a North | ||
American Board of Certified Energy Practitioners (NABCEP) | ||
Installer Certificate for Solar PV; (ii) an Underwriters | ||
Laboratories (UL) PV Systems Installer Certificate; (iii) | ||
an Electronics Technicians Association, International |
(ETAI) Level 3 PV Installer Certificate; or (iv) an | ||
Associate in Applied Science degree from an Illinois | ||
Community College Board approved community college program | ||
in renewable energy or a distributed generation | ||
technology. | ||
For the purposes of this paragraph (1), "directly | ||
supervised" means that there is a qualified person who | ||
meets the qualifications under clause (A) of this | ||
paragraph (1) and who is available for supervision and | ||
consultation regarding the work performed by persons under | ||
clause (B) of this paragraph (1), including a final | ||
inspection of the installation work that has been directly | ||
supervised to ensure safety and conformity with applicable | ||
codes. | ||
For the purposes of this paragraph (1), "install" | ||
means the major activities and actions required to | ||
connect, in accordance with applicable building and | ||
electrical codes, the conductors, connectors, and all | ||
associated fittings, devices, power outlets, or | ||
apparatuses mounted at the premises that are directly | ||
involved in delivering energy to the premises' electrical | ||
wiring from the photovoltaics, including, but not limited | ||
to, to distributed photovoltaic generation. | ||
The renewable energy credits procured pursuant to the | ||
supplemental procurement plan shall be procured using up | ||
to $30,000,000 from the Illinois Power Agency Renewable |
Energy Resources Fund. The Agency shall not plan to use | ||
funds from the Illinois Power Agency Renewable Energy | ||
Resources Fund in excess of the monies on deposit in such | ||
fund or projected to be deposited into such fund. The | ||
supplemental procurement plan shall ensure adequate, | ||
reliable, affordable, efficient, and environmentally | ||
sustainable renewable energy resources (including credits) | ||
at the lowest total cost over time, taking into account | ||
any benefits of price stability. | ||
To the extent available, 50% of the renewable energy | ||
credits procured from distributed renewable energy | ||
generation shall come from devices of less than 25 | ||
kilowatts in nameplate capacity. Procurement of renewable | ||
energy credits from distributed renewable energy | ||
generation devices shall be done through multi-year | ||
contracts of no less than 5 years. The Agency shall create | ||
credit requirements for counterparties. In order to | ||
minimize the administrative burden on contracting | ||
entities, the Agency shall solicit the use of third | ||
parties to aggregate distributed renewable energy. These | ||
third parties shall enter into and administer contracts | ||
with individual distributed renewable energy generation | ||
device owners. An individual distributed renewable energy | ||
generation device owner shall have the ability to measure | ||
the output of his or her distributed renewable energy | ||
generation device. |
In developing the supplemental procurement plan, the | ||
Agency shall hold at least one workshop open to the public | ||
within 90 days after June 30, 2014 ( the effective date of | ||
Public Act 98-672) this amendatory Act of the 98th General | ||
Assembly and shall consider any comments made by | ||
stakeholders or the public. Upon development of the | ||
supplemental procurement plan within this 90-day period, | ||
copies of the supplemental procurement plan shall be | ||
posted and made publicly available on the Agency's and | ||
Commission's websites. All interested parties shall have | ||
14 days following the date of posting to provide comment | ||
to the Agency on the supplemental procurement plan. All | ||
comments submitted to the Agency shall be specific, | ||
supported by data or other detailed analyses, and, if | ||
objecting to all or a portion of the supplemental | ||
procurement plan, accompanied by specific alternative | ||
wording or proposals. All comments shall be posted on the | ||
Agency's and Commission's websites. Within 14 days | ||
following the end of the 14-day review period, the Agency | ||
shall revise the supplemental procurement plan as | ||
necessary based on the comments received and file its | ||
revised supplemental procurement plan with the Commission | ||
for approval. | ||
(2) Within 5 days after the filing of the supplemental | ||
procurement plan at the Commission, any person objecting | ||
to the supplemental procurement plan shall file an |
objection with the Commission. Within 10 days after the | ||
filing, the Commission shall determine whether a hearing | ||
is necessary. The Commission shall enter its order | ||
confirming or modifying the supplemental procurement plan | ||
within 90 days after the filing of the supplemental | ||
procurement plan by the Agency. | ||
(3) The Commission shall approve the supplemental | ||
procurement plan of renewable energy credits to be | ||
procured from new or existing photovoltaics, including, | ||
but not limited to, distributed photovoltaic generation, | ||
if the Commission determines that it will ensure adequate, | ||
reliable, affordable, efficient, and environmentally | ||
sustainable electric service in the form of renewable | ||
energy credits at the lowest total cost over time, taking | ||
into account any benefits of price stability. | ||
(4) The supplemental procurement process under this | ||
subsection (i) shall include each of the following | ||
components: | ||
(A) Procurement administrator. The Agency may | ||
retain a procurement administrator in the manner set | ||
forth in item (2) of subsection (a) of Section 1-75 of | ||
this Act to conduct the supplemental procurement or | ||
may elect to use the same procurement administrator | ||
administering the Agency's annual procurement under | ||
Section 1-75. | ||
(B) Procurement monitor. The procurement monitor |
retained by the Commission pursuant to Section | ||
16-111.5 of the Public Utilities Act shall: | ||
(i) monitor interactions among the procurement | ||
administrator and bidders and suppliers; | ||
(ii) monitor and report to the Commission on | ||
the progress of the supplemental procurement | ||
process; | ||
(iii) provide an independent confidential | ||
report to the Commission regarding the results of | ||
the procurement events; | ||
(iv) assess compliance with the procurement | ||
plan approved by the Commission for the | ||
supplemental procurement process; | ||
(v) preserve the confidentiality of supplier | ||
and bidding information in a manner consistent | ||
with all applicable laws, rules, regulations, and | ||
tariffs; | ||
(vi) provide expert advice to the Commission | ||
and consult with the procurement administrator | ||
regarding issues related to procurement process | ||
design, rules, protocols, and policy-related | ||
matters; | ||
(vii) consult with the procurement | ||
administrator regarding the development and use of | ||
benchmark criteria, standard form contracts, | ||
credit policies, and bid documents; and |
(viii) perform, with respect to the | ||
supplemental procurement process, any other | ||
procurement monitor duties specifically delineated | ||
within subsection (i) of this Section. | ||
(C) Solicitation, prequalification | ||
pre-qualification , and registration of bidders. The | ||
procurement administrator shall disseminate | ||
information to potential bidders to promote a | ||
procurement event, notify potential bidders that the | ||
procurement administrator may enter into a post-bid | ||
price negotiation with bidders that meet the | ||
applicable benchmarks, provide supply requirements, | ||
and otherwise explain the competitive procurement | ||
process. In addition to such other publication as the | ||
procurement administrator determines is appropriate, | ||
this information shall be posted on the Agency's and | ||
the Commission's websites. The procurement | ||
administrator shall also administer the | ||
prequalification process, including evaluation of | ||
credit worthiness, compliance with procurement rules, | ||
and agreement to the standard form contract developed | ||
pursuant to item (D) of this paragraph (4). The | ||
procurement administrator shall then identify and | ||
register bidders to participate in the procurement | ||
event. | ||
(D) Standard contract forms and credit terms and |
instruments. The procurement administrator, in | ||
consultation with the Agency, the Commission, and | ||
other interested parties and subject to Commission | ||
oversight, shall develop and provide standard contract | ||
forms for the supplier contracts that meet generally | ||
accepted industry practices as well as include any | ||
applicable State of Illinois terms and conditions that | ||
are required for contracts entered into by an agency | ||
of the State of Illinois. Standard credit terms and | ||
instruments that meet generally accepted industry | ||
practices shall be similarly developed. Contracts for | ||
new photovoltaics shall include a provision attesting | ||
that the supplier will use a qualified person for the | ||
installation of the device pursuant to paragraph (1) | ||
of subsection (i) of this Section. The procurement | ||
administrator shall make available to the Commission | ||
all written comments it receives on the contract | ||
forms, credit terms, or instruments. If the | ||
procurement administrator cannot reach agreement with | ||
the parties as to the contract terms and conditions, | ||
the procurement administrator must notify the | ||
Commission of any disputed terms and the Commission | ||
shall resolve the dispute. The terms of the contracts | ||
shall not be subject to negotiation by winning | ||
bidders, and the bidders must agree to the terms of the | ||
contract in advance so that winning bids are selected |
solely on the basis of price. | ||
(E) Requests for proposals; competitive | ||
procurement process. The procurement administrator | ||
shall design and issue requests for proposals to | ||
supply renewable energy credits in accordance with the | ||
supplemental procurement plan, as approved by the | ||
Commission. The requests for proposals shall set forth | ||
a procedure for sealed, binding commitment bidding | ||
with pay-as-bid settlement, and provision for | ||
selection of bids on the basis of price, provided, | ||
however, that no bid shall be accepted if it exceeds | ||
the benchmark developed pursuant to item (F) of this | ||
paragraph (4). | ||
(F) Benchmarks. Benchmarks for each product to be | ||
procured shall be developed by the procurement | ||
administrator in consultation with Commission staff, | ||
the Agency, and the procurement monitor for use in | ||
this supplemental procurement. | ||
(G) A plan for implementing contingencies in the | ||
event of supplier default, Commission rejection of | ||
results, or any other cause. | ||
(5) Within 2 business days after opening the sealed | ||
bids, the procurement administrator shall submit a | ||
confidential report to the Commission. The report shall | ||
contain the results of the bidding for each of the | ||
products along with the procurement administrator's |
recommendation for the acceptance and rejection of bids | ||
based on the price benchmark criteria and other factors | ||
observed in the process. The procurement monitor also | ||
shall submit a confidential report to the Commission | ||
within 2 business days after opening the sealed bids. The | ||
report shall contain the procurement monitor's assessment | ||
of bidder behavior in the process as well as an assessment | ||
of the procurement administrator's compliance with the | ||
procurement process and rules. The Commission shall review | ||
the confidential reports submitted by the procurement | ||
administrator and procurement monitor and shall accept or | ||
reject the recommendations of the procurement | ||
administrator within 2 business days after receipt of the | ||
reports. | ||
(6) Within 3 business days after the Commission | ||
decision approving the results of a procurement event, the | ||
Agency shall enter into binding contractual arrangements | ||
with the winning suppliers using the standard form | ||
contracts. | ||
(7) The names of the successful bidders and the | ||
average of the winning bid prices for each contract type | ||
and for each contract term shall be made available to the | ||
public within 2 days after the supplemental procurement | ||
event. The Commission, the procurement monitor, the | ||
procurement administrator, the Agency, and all | ||
participants in the procurement process shall maintain the |
confidentiality of all other supplier and bidding | ||
information in a manner consistent with all applicable | ||
laws, rules, regulations, and tariffs. Confidential | ||
information, including the confidential reports submitted | ||
by the procurement administrator and procurement monitor | ||
pursuant to this Section, shall not be made publicly | ||
available and shall not be discoverable by any party in | ||
any proceeding, absent a compelling demonstration of need, | ||
nor shall those reports be admissible in any proceeding | ||
other than one for law enforcement purposes. | ||
(8) The supplemental procurement provided in this | ||
subsection (i) shall not be subject to the requirements | ||
and limitations of subsections (c) and (d) of this | ||
Section. | ||
(9) Expenses incurred in connection with the | ||
procurement process held pursuant to this Section, | ||
including, but not limited to, the cost of developing the | ||
supplemental procurement plan, the procurement | ||
administrator, procurement monitor, and the cost of the | ||
retirement of renewable energy credits purchased pursuant | ||
to the supplemental procurement shall be paid for from the | ||
Illinois Power Agency Renewable Energy Resources Fund. The | ||
Agency shall enter into an interagency agreement with the | ||
Commission to reimburse the Commission for its costs | ||
associated with the procurement monitor for the | ||
supplemental procurement process. |
(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23; | ||
revised 9-20-23.) | ||
Section 130. The Illinois Criminal Justice Information Act | ||
is amended by changing Section 4 as follows: | ||
(20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||
Sec. 4. Illinois Criminal Justice Information Authority; | ||
creation, membership, and meetings. There is created an | ||
Illinois Criminal Justice Information Authority consisting of | ||
25 members. The membership of the Authority shall consist of: | ||
(1) the Illinois Attorney General or the Illinois | ||
Attorney General's designee; | ||
(2) the Director of Corrections or the Director's | ||
designee; | ||
(3) the Director of the Illinois State Police or the | ||
Director's designee; | ||
(4) the Director of Public Health or the Director's | ||
designee; | ||
(5) the Director of Children and Family Services or | ||
the Director's designee; | ||
(6) the Sheriff of Cook County or the Sheriff's | ||
designee; | ||
(7) the State's Attorney of Cook County or the State's | ||
Attorney's designee; | ||
(8) the clerk of the circuit court of Cook County or |
the clerk's designee; | ||
(9) the President of the Cook County Board of | ||
Commissioners or the President's designee; | ||
(10) the Superintendent of the Chicago Police | ||
Department or the Superintendent's designee; | ||
(11) the Director of the Office of the State's | ||
Attorneys Appellate Prosecutor or the Director's designee; | ||
(12) the Executive Director of the Illinois Law | ||
Enforcement Training Standards Board or the Executive | ||
Director's designee; | ||
(13) the State Appellate Defender or the State | ||
Appellate Defender's designee; | ||
(14) the Public Defender of Cook County or the Public | ||
Defender's designee; and | ||
(15) the following additional members, each of whom | ||
shall be appointed by the Governor: | ||
(A) a circuit court clerk; | ||
(B) a sheriff; | ||
(C) a State's Attorney of a county other than | ||
Cook; | ||
(D) a Public Defender of a county other than Cook; | ||
(E) a chief of police; and | ||
(F) 2 individuals who report having been | ||
incarcerated ; and , | ||
(G) (F) 4 members of the general public. | ||
Members appointed on and after August 15, 2014 ( the |
effective date of Public Act 98-955) this amendatory Act of | ||
the 98th General Assembly shall be confirmed by the Senate. | ||
The Governor from time to time shall designate a Chairman | ||
of the Authority from the membership. All members of the | ||
Authority appointed by the Governor shall serve at the | ||
pleasure of the Governor for a term not to exceed 4 years. The | ||
initial appointed members of the Authority shall serve from | ||
January, 1983 until the third Monday in January, 1987 or until | ||
their successors are appointed. | ||
The Authority shall meet at least quarterly, and all | ||
meetings of the Authority shall be called by the Chairman. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23; | ||
103-276, eff. 7-28-23; revised 9-7-23.) | ||
Section 132. The Illinois Workforce Innovation Board Act | ||
is amended by changing the title of the Act as follows: | ||
(20 ILCS 3975/Act title) | ||
An Act to create the Illinois Workforce Innovation Board | ||
Human Resource Investment Council . | ||
Section 135. The Illinois State Auditing Act is amended by | ||
changing Section 3-2.3 as follows: | ||
(30 ILCS 5/3-2.3) | ||
Sec. 3-2.3. Report on Chicago Transit Authority. |
(a) No less than 60 days prior to the issuance of bonds or | ||
notes by the Chicago Transit Authority (referred to as the | ||
"Authority" in this Section) pursuant to Section 12c of the | ||
Metropolitan Transit Authority Act, the following | ||
documentation shall be submitted to the Auditor General and | ||
the Regional Transportation Authority: | ||
(1) Retirement Plan Documentation. The Authority shall | ||
submit a certification that: | ||
(A) it is legally authorized to issue the bonds or | ||
notes; | ||
(B) scheduled annual payments of principal and | ||
interest on the bonds and notes to be issued meet the | ||
requirements of Section 12c(b)(5) of the Metropolitan | ||
Transit Authority Act; | ||
(C) no bond or note shall mature later than | ||
December 31, 2040; | ||
(D) after payment of costs of issuance and | ||
necessary deposits to funds and accounts established | ||
with respect to debt service on the bonds or notes, the | ||
net bond and note proceeds (exclusive of any proceeds | ||
to be used to refund outstanding bonds or notes) will | ||
be deposited in the Retirement Plan for Chicago | ||
Transit Authority Employees and used only for the | ||
purposes required by Section 22-101 of the Illinois | ||
Pension Code; and | ||
(E) it has entered into an intergovernmental |
agreement with the City of Chicago under which the | ||
City of Chicago will provide financial assistance to | ||
the Authority in an amount equal to the net receipts, | ||
after fees for costs of collection, from a tax on the | ||
privilege of transferring title to real estate in the | ||
City of Chicago in an amount up to $1.50 per $500 of | ||
value or fraction thereof under the provisions of | ||
Section 8-3-19 of the Illinois Municipal Code, which | ||
agreement shall be for a term expiring no earlier than | ||
the final maturity of bonds or notes that it proposes | ||
to issue under Section 12c of the Metropolitan Transit | ||
Authority Act. | ||
(2) The Board of Trustees of the Retirement Plan for | ||
Chicago Transit Authority Employees shall submit a | ||
certification that the Retirement Plan for Chicago Transit | ||
Authority Employees is operating in accordance with all | ||
applicable legal and contractual requirements, including | ||
the following: | ||
(A) the members of a new Board of Trustees have | ||
been appointed according to the requirements of | ||
Section 22-101(b) of the Illinois Pension Code; and | ||
(B) contribution levels for employees and the | ||
Authority have been established according to the | ||
requirements of Section 22-101(d) of the Illinois | ||
Pension Code. | ||
(3) Actuarial Report. The Board of Trustees of the |
Retirement Plan for Chicago Transit Authority Employees | ||
shall submit an actuarial report prepared by an enrolled | ||
actuary setting forth: | ||
(A) the method of valuation and the underlying | ||
assumptions; | ||
(B) a comparison of the debt service schedules of | ||
the bonds or notes proposed to be issued to the | ||
Retirement Plan's current unfunded actuarial accrued | ||
liability amortization schedule, as required by | ||
Section 22-101(e) of the Illinois Pension Code, using | ||
the projected interest cost of the bond or note issue | ||
as the discount rate to calculate the estimated net | ||
present value savings; | ||
(C) the amount of the estimated net present value | ||
savings comparing the true interest cost of the bonds | ||
or notes with the actuarial investment return | ||
assumption of the Retirement Plan; and | ||
(D) a certification that the net proceeds of the | ||
bonds or notes, together with anticipated earnings on | ||
contributions and deposits, will be sufficient to | ||
reasonably conclude on an actuarial basis that the | ||
total retirement assets of the Retirement Plan will | ||
not be less than 90% of its liabilities by the end of | ||
fiscal year 2059. | ||
(4) The Authority shall submit a financial analysis | ||
prepared by an independent advisor. The financial analysis |
must include a determination that the issuance of bonds is | ||
in the best interest of the Retirement Plan for Chicago | ||
Transit Authority Employees and the Chicago Transit | ||
Authority. The independent advisor shall not act as | ||
underwriter or receive a legal, consulting, or other fee | ||
related to the issuance of any bond or notes issued by the | ||
Authority pursuant to Section 12c of the Metropolitan | ||
Transit Authority Act except compensation due for the | ||
preparation of the financial analysis. | ||
(5) Retiree Health Care Trust Documentation. The | ||
Authority shall submit a certification that: | ||
(A) it is legally authorized to issue the bonds or | ||
notes; | ||
(B) scheduled annual payments of principal and | ||
interest on the bonds and notes to be issued meets the | ||
requirements of Section 12c(b)(5) of the Metropolitan | ||
Transit Authority Act; | ||
(C) no bond or note shall mature later than | ||
December 31, 2040; | ||
(D) after payment of costs of issuance and | ||
necessary deposits to funds and accounts established | ||
with respect to debt service on the bonds or notes, the | ||
net bond and note proceeds (exclusive of any proceeds | ||
to be used to refund outstanding bonds or notes) will | ||
be deposited in the Retiree Health Care Trust and used | ||
only for the purposes required by Section 22-101B of |
the Illinois Pension Code; and | ||
(E) it has entered into an intergovernmental | ||
agreement with the City of Chicago under which the | ||
City of Chicago will provide financial assistance to | ||
the Authority in an amount equal to the net receipts, | ||
after fees for costs of collection, from a tax on the | ||
privilege of transferring title to real estate in the | ||
City of Chicago in an amount up to $1.50 per $500 of | ||
value or fraction thereof under the provisions of | ||
Section 8-3-19 of the Illinois Municipal Code, which | ||
agreement shall be for a term expiring no earlier than | ||
the final maturity of bonds or notes that it proposes | ||
to issue under Section 12c of the Metropolitan Transit | ||
Authority Act. | ||
(6) The Board of Trustees of the Retiree Health Care | ||
Trust shall submit a certification that the Retiree Health | ||
Care Trust has been established in accordance with all | ||
applicable legal requirements, including the following: | ||
(A) the Retiree Health Care Trust has been | ||
established and a Trust document is in effect to | ||
govern the Retiree Health Care Trust; | ||
(B) the members of the Board of Trustees of the | ||
Retiree Health Care Trust have been appointed | ||
according to the requirements of Section 22-101B(b)(1) | ||
of the Illinois Pension Code; | ||
(C) a health care benefit program for eligible |
retirees and their dependents and survivors has been | ||
established by the Board of Trustees according to the | ||
requirements of Section 22-101B(b)(2) of the Illinois | ||
Pension Code; | ||
(D) contribution levels have been established for | ||
retirees, dependents and survivors according to the | ||
requirements of Section 22-101B(b)(5) of the Illinois | ||
Pension Code; and | ||
(E) contribution levels have been established for | ||
employees of the Authority according to the | ||
requirements of Section 22-101B(b)(6) of the Illinois | ||
Pension Code. | ||
(7) Actuarial Report. The Board of Trustees of the | ||
Retiree Health Care Trust shall submit an actuarial report | ||
prepared by an enrolled actuary setting forth: | ||
(A) the method of valuation and the underlying | ||
assumptions; | ||
(B) a comparison of the projected interest cost of | ||
the bonds or notes proposed to be issued with the | ||
actuarial investment return assumption of the Retiree | ||
Health Care Trust; and | ||
(C) a certification that the net proceeds of the | ||
bonds or notes, together with anticipated earnings on | ||
contributions and deposits, will be sufficient to | ||
adequately fund the actuarial present value of | ||
projected benefits expected to be paid under the |
Retiree Health Care Trust, or a certification of the | ||
increases in contribution levels and decreases in | ||
benefit levels that would be required in order to cure | ||
any funding shortfall over a period of not more than 10 | ||
years. | ||
(8) The Authority shall submit a financial analysis | ||
prepared by an independent advisor. The financial analysis | ||
must include a determination that the issuance of bonds is | ||
in the best interest of the Retiree Health Care Trust and | ||
the Chicago Transit Authority. The independent advisor | ||
shall not act as underwriter or receive a legal, | ||
consulting, or other fee related to the issuance of any | ||
bond or notes issued by the Authority pursuant to Section | ||
12c of the Metropolitan Transit Authority Act except | ||
compensation due for the preparation of the financial | ||
analysis. | ||
(b) The Auditor General shall examine the information | ||
submitted pursuant to Section 3-2.3(a)(1) through (4) and | ||
submit a report to the General Assembly, the Legislative Audit | ||
Commission, the Governor, the Regional Transportation | ||
Authority and the Authority indicating whether (i) the | ||
required certifications by the Authority and the Board of | ||
Trustees of the Retirement Plan have been made, and (ii) the | ||
actuarial reports have been provided, the reports include all | ||
required information, the assumptions underlying those reports | ||
are not unreasonable in the aggregate, and the reports appear |
to comply with all pertinent professional standards, including | ||
those issued by the Actuarial Standards Board. The Auditor | ||
General shall submit such report no later than 60 days after | ||
receiving the information required to be submitted by the | ||
Authority and the Board of Trustees of the Retirement Plan. | ||
Any bonds or notes issued by the Authority under item (1) of | ||
subsection (b) of Section 12c of the Metropolitan Transit | ||
Authority Act shall be issued within 120 days after receiving | ||
such report from the Auditor General. The Authority may not | ||
issue bonds or notes until it receives the report from the | ||
Auditor General indicating the above requirements have been | ||
met. | ||
(c) The Auditor General shall examine the information | ||
submitted pursuant to Section 3-2.3(a)(5) through (8) and | ||
submit a report to the General Assembly, the Legislative Audit | ||
Commission, the Governor, the Regional Transportation | ||
Authority and the Authority indicating whether (i) the | ||
required certifications by the Authority and the Board of | ||
Trustees of the Retiree Health Care Trust have been made, and | ||
(ii) the actuarial reports have been provided, the reports | ||
include all required information, the assumptions underlying | ||
those reports are not unreasonable in the aggregate, and the | ||
reports appear to comply with all pertinent professional | ||
standards, including those issued by the Actuarial Standards | ||
Board. The Auditor General shall submit such report no later | ||
than 60 days after receiving the information required to be |
submitted by the Authority and the Board of Trustees of the | ||
Retiree Health Care Trust. Any bonds or notes issued by the | ||
Authority under item (2) of subsection (b) of Section 12c of | ||
the Metropolitan Transit Authority Act shall be issued within | ||
120 days after receiving such report from the Auditor General. | ||
The Authority may not issue bonds or notes until it receives a | ||
report from the Auditor General indicating the above | ||
requirements have been met. | ||
(d) In fulfilling this duty, after receiving the | ||
information submitted pursuant to Section 3-2.3(a), the | ||
Auditor General may request additional information and support | ||
pertaining to the data and conclusions contained in the | ||
submitted documents and the Authority, the Board of Trustees | ||
of the Retirement Plan and the Board of Trustees of the Retiree | ||
Health Care Trust shall cooperate with the Auditor General and | ||
provide additional information as requested in a timely | ||
manner. The Auditor General may also request from the Regional | ||
Transportation Authority an analysis of the information | ||
submitted by the Authority relating to the sources of funds to | ||
be utilized for payment of the proposed bonds or notes of the | ||
Authority. The Auditor General's report shall not be in the | ||
nature of a post-audit or examination and shall not lead to the | ||
issuance of an opinion as that term is defined in generally | ||
accepted government auditing standards. | ||
(e) Annual Retirement Plan Submission to Auditor General. | ||
The Board of Trustees of the Retirement Plan for Chicago |
Transit Authority Employees established by Section 22-101 of | ||
the Illinois Pension Code shall provide the following | ||
documents to the Auditor General annually no later than | ||
September 30: | ||
(1) the most recent audit or examination of the | ||
Retirement Plan; | ||
(2) an annual statement containing the information | ||
specified in Section 1A-109 of the Illinois Pension Code; | ||
and | ||
(3) a complete actuarial statement applicable to the | ||
prior plan year, which may be the annual report of an | ||
enrolled actuary retained by the Retirement Plan specified | ||
in Section 22-101(e) of the Illinois Pension Code. | ||
The Auditor General shall annually examine the information | ||
provided pursuant to this subsection and shall submit a report | ||
of the analysis thereof to the General Assembly, including the | ||
report specified in Section 22-101(e) of the Illinois Pension | ||
Code. | ||
(f) The Auditor General shall annually examine the | ||
information submitted pursuant to Section 22-101B(b)(3)(iii) | ||
of the Illinois Pension Code and shall prepare the | ||
determination specified in Section 22-101B(b)(3)(iv) of the | ||
Illinois Pension Code. | ||
(g) In fulfilling the duties under Sections 3-2.3(e) and | ||
(f) , the Auditor General may request additional information | ||
and support pertaining to the data and conclusions contained |
in the submitted documents , and the Authority, the Board of | ||
Trustees of the Retirement Plan , and the Board of Trustees of | ||
the Retiree Health Care Trust shall cooperate with the Auditor | ||
General and provide additional information as requested in a | ||
timely manner. The Auditor General's review shall not be in | ||
the nature of a post-audit or examination and shall not lead to | ||
the issuance of an opinion as that term is defined in generally | ||
accepted government auditing standards. Upon request of the | ||
Auditor General, the Commission on Government Forecasting and | ||
Accountability and the Public Pension Division of the | ||
Department of Insurance Illinois Department of Financial and | ||
Professional Regulation shall cooperate with and assist the | ||
Auditor General in the conduct of his review. | ||
(h) The Auditor General shall submit a bill to the | ||
Authority for costs associated with the examinations and | ||
reports specified in subsections (b) and (c) of this Section | ||
3-2.3, which the Authority shall reimburse in a timely manner. | ||
The costs associated with the examinations and reports which | ||
are reimbursed by the Authority shall constitute a cost of | ||
issuance of the bonds or notes under Section 12c(b)(1) and (2) | ||
of the Metropolitan Transit Authority Act. The amount received | ||
shall be deposited into the fund or funds from which such costs | ||
were paid by the Auditor General. The Auditor General shall | ||
submit a bill to the Retirement Plan for Chicago Transit | ||
Authority Employees for costs associated with the examinations | ||
and reports specified in subsection (e) of this Section, which |
the Retirement Plan for Chicago Transit Authority Employees | ||
shall reimburse in a timely manner. The amount received shall | ||
be deposited into the fund or funds from which such costs were | ||
paid by the Auditor General. The Auditor General shall submit | ||
a bill to the Retiree Health Care Trust for costs associated | ||
with the determination specified in subsection (f) of this | ||
Section, which the Retiree Health Care Trust shall reimburse | ||
in a timely manner. The amount received shall be deposited | ||
into the fund or funds from which such costs were paid by the | ||
Auditor General. | ||
(Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.) | ||
Section 140. The State Finance Act is amended by setting | ||
forth and renumbering multiple versions of Sections 5.990 and | ||
5.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as | ||
follows: | ||
(30 ILCS 105/5.990) | ||
Sec. 5.990. The Public Defender Fund. | ||
(Source: P.A. 102-1104, eff. 12-6-22.) | ||
(30 ILCS 105/5.991) | ||
Sec. 5.991. The Due Process for Youth and Families Fund. | ||
(Source: P.A. 102-1115, eff. 1-9-23.) | ||
(30 ILCS 105/5.993) |
Sec. 5.993 5.990 . The Abortion Care Clinical Training | ||
Program Fund. | ||
(Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.) | ||
(30 ILCS 105/5.994) | ||
Sec. 5.994 5.990 . The Paid Leave for All Workers Fund. | ||
(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.) | ||
(30 ILCS 105/5.995) | ||
Sec. 5.995 5.990 . The Hate Crimes and Bias Incident | ||
Prevention and Response Fund. | ||
(Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.) | ||
(30 ILCS 105/5.996) | ||
Sec. 5.996 5.990 . The Imagination Library of Illinois | ||
Fund. | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.) | ||
(30 ILCS 105/5.997) | ||
Sec. 5.997 5.990 . The Illinois Bullying and Cyberbullying | ||
Prevention Fund. | ||
(Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.) | ||
(30 ILCS 105/5.999) | ||
Sec. 5.999 5.990 . The Illinois Health Benefits Exchange | ||
Fund. |
(Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.) | ||
(30 ILCS 105/5.1000) | ||
Sec. 5.1000 5.990 . The Tick Research, Education, and | ||
Evaluation Fund. | ||
(Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.) | ||
(30 ILCS 105/5.1001) | ||
Sec. 5.1001 5.990 . The License to Read Fund. | ||
(Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1002) | ||
Sec. 5.1002 5.990 . The Outdoor Rx Program Fund. | ||
(Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.) | ||
(30 ILCS 105/5.1003) | ||
Sec. 5.1003 5.990 . The UNCF Scholarship Fund. | ||
(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1004) | ||
Sec. 5.1004 5.990 . The Hunger-Free Campus Grant Fund. | ||
(Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1005) | ||
Sec. 5.1005 5.990 . The Repatriation and Reinterment Fund. | ||
(Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.) |
(30 ILCS 105/5.1006) | ||
Sec. 5.1006 5.990 . The Illinois Graduate and Retain Our | ||
Workforce (iGROW) Tech Scholarship Fund. | ||
(Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.) | ||
(30 ILCS 105/5.1007) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 5.1007 5.990 . The Antitrust Enforcement Fund. This | ||
Section is repealed on January 1, 2027. | ||
(Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.) | ||
(30 ILCS 105/5.1008) | ||
Sec. 5.1008 5.990 . The MAP Refund Fund. | ||
(Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1009) | ||
Sec. 5.1009 5.990 . The Lyme Disease Awareness Fund. | ||
(Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1010) | ||
Sec. 5.1010 5.991 . The Industrial Biotechnology Human | ||
Capital Fund. | ||
(Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.) | ||
(30 ILCS 105/5.1011) |
Sec. 5.1011 5.991 . The Illinois DREAM Fund. | ||
(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.) | ||
(30 ILCS 105/6z-32) | ||
Sec. 6z-32. Partners for Planning and Conservation. | ||
(a) The Partners for Conservation Fund (formerly known as | ||
the Conservation 2000 Fund) and the Partners for Conservation | ||
Projects Fund (formerly known as the Conservation 2000 | ||
Projects Fund) are created as special funds in the State | ||
Treasury. These funds shall be used to establish a | ||
comprehensive program to protect Illinois' natural resources | ||
through cooperative partnerships between State government and | ||
public and private landowners. Moneys in these Funds may be | ||
used, subject to appropriation, by the Department of Natural | ||
Resources, Environmental Protection Agency, and the Department | ||
of Agriculture for purposes relating to natural resource | ||
protection, planning, recreation, tourism, climate resilience, | ||
and compatible agricultural and economic development | ||
activities. Without limiting these general purposes, moneys in | ||
these Funds may be used, subject to appropriation, for the | ||
following specific purposes: | ||
(1) To foster sustainable agriculture practices and | ||
control soil erosion, sedimentation, and nutrient loss | ||
from farmland, including grants to Soil and Water | ||
Conservation Districts for conservation practice | ||
cost-share grants and for personnel, educational, and |
administrative expenses. | ||
(2) To establish and protect a system of ecosystems in | ||
public and private ownership through conservation | ||
easements, incentives to public and private landowners, | ||
natural resource restoration and preservation, water | ||
quality protection and improvement, land use and watershed | ||
planning, technical assistance and grants, and land | ||
acquisition provided these mechanisms are all voluntary on | ||
the part of the landowner and do not involve the use of | ||
eminent domain. | ||
(3) To develop a systematic and long-term program to | ||
effectively measure and monitor natural resources and | ||
ecological conditions through investments in technology | ||
and involvement of scientific experts. | ||
(4) To initiate strategies to enhance, use, and | ||
maintain Illinois' inland lakes through education, | ||
technical assistance, research, and financial incentives. | ||
(5) To partner with private landowners and with units | ||
of State, federal, and local government and with | ||
not-for-profit organizations in order to integrate State | ||
and federal programs with Illinois' natural resource | ||
protection and restoration efforts and to meet | ||
requirements to obtain federal and other funds for | ||
conservation or protection of natural resources. | ||
(6) To support the State's Nutrient Loss Reduction | ||
Strategy, including, but not limited to, funding the |
resources needed to support the Strategy's Policy Working | ||||||||||||
Group, cover water quality monitoring in support of | ||||||||||||
Strategy implementation, prepare a biennial report on the | ||||||||||||
progress made on the Strategy every 2 years, and provide | ||||||||||||
cost share funding for nutrient capture projects. | ||||||||||||
(7) To provide capacity grants to support soil and | ||||||||||||
water conservation districts, including, but not limited | ||||||||||||
to, developing soil health plans, conducting soil health | ||||||||||||
assessments, peer-to-peer training, convening | ||||||||||||
producer-led dialogues, professional memberships, lab | ||||||||||||
analysis, and and travel stipends for meetings and | ||||||||||||
educational events. | ||||||||||||
(8) To develop guidelines and local soil health | ||||||||||||
assessments for advancing soil health. | ||||||||||||
(b) The State Comptroller and State Treasurer shall | ||||||||||||
automatically transfer on the last day of each month, | ||||||||||||
beginning on September 30, 1995 and ending on June 30, 2024, | ||||||||||||
from the General Revenue Fund to the Partners for Conservation | ||||||||||||
Fund, an amount equal to 1/10 of the amount set forth below in | ||||||||||||
fiscal year 1996 and an amount equal to 1/12 of the amount set | ||||||||||||
forth below in each of the other specified fiscal years: | ||||||||||||
|
| ||||||||||||||||||||||||||||
(c) The State Comptroller and State Treasurer shall | ||||||||||||||||||||||||||||
automatically transfer on the last day of each month beginning | ||||||||||||||||||||||||||||
on July 31, 2021 and ending June 30, 2022, from the | ||||||||||||||||||||||||||||
Environmental Protection Permit and Inspection Fund to the | ||||||||||||||||||||||||||||
Partners for Conservation Fund, an amount equal to 1/12 of | ||||||||||||||||||||||||||||
$4,135,000. | ||||||||||||||||||||||||||||
(c-1) The State Comptroller and State Treasurer shall | ||||||||||||||||||||||||||||
automatically transfer on the last day of each month beginning | ||||||||||||||||||||||||||||
on July 31, 2022 and ending June 30, 2023, from the | ||||||||||||||||||||||||||||
Environmental Protection Permit and Inspection Fund to the | ||||||||||||||||||||||||||||
Partners for Conservation Fund, an amount equal to 1/12 of | ||||||||||||||||||||||||||||
$5,900,000. | ||||||||||||||||||||||||||||
(d) There shall be deposited into the Partners for |
Conservation Projects Fund such bond proceeds and other moneys | ||
as may, from time to time, be provided by law. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||
103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.) | ||
(30 ILCS 105/6z-82) | ||
Sec. 6z-82. State Police Operations Assistance Fund. | ||
(a) There is created in the State treasury a special fund | ||
known as the State Police Operations Assistance Fund. The Fund | ||
shall receive revenue under the Criminal and Traffic | ||
Assessment Act. The Fund may also receive revenue from grants, | ||
donations, appropriations, and any other legal source. | ||
(a-5) (Blank). This Fund may charge, collect, and receive | ||
fees or moneys as described in Section 15-312 of the Illinois | ||
Vehicle Code , and receive all fees received by the Illinois | ||
State Police under that Section. The moneys shall be used by | ||
the Illinois State Police for its expenses in providing police | ||
escorts and commercial vehicle enforcement activities. | ||
(b) The Illinois State Police may use moneys in the Fund to | ||
finance any of its lawful purposes or functions. | ||
(c) Expenditures may be made from the Fund only as | ||
appropriated by the General Assembly by law. | ||
(d) Investment income that is attributable to the | ||
investment of moneys in the Fund shall be retained in the Fund | ||
for the uses specified in this Section. | ||
(e) The State Police Operations Assistance Fund shall not |
be subject to administrative chargebacks. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) Notwithstanding any other provision of law, in | ||
addition to any other transfers that may be provided by law, on | ||
June 9, 2023 ( the effective date of Public Act 103-34) this | ||
amendatory Act of the 103rd General Assembly , or as soon | ||
thereafter as practical, the State Comptroller shall direct | ||
and the State Treasurer shall transfer the remaining balance | ||
from the State Police Streetgang-Related Crime Fund to the | ||
State Police Operations Assistance Fund. Upon completion of | ||
the transfers, the State Police Streetgang-Related Crime Fund | ||
is dissolved, and any future deposits into the State Police | ||
Streetgang-Related Crime Fund and any outstanding obligations | ||
or liabilities of the State Police Streetgang-Related Crime | ||
Fund pass to the State Police Operations Assistance Fund. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. | ||
6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.) | ||
(30 ILCS 105/8.3) | ||
Sec. 8.3. Money in the Road Fund shall, if and when the | ||
State of Illinois incurs any bonded indebtedness for the | ||
construction of permanent highways, be set aside and used for | ||
the purpose of paying and discharging annually the principal | ||
and interest on that bonded indebtedness then due and payable, |
and for no other purpose. The surplus, if any, in the Road Fund | ||
after the payment of principal and interest on that bonded | ||
indebtedness then annually due shall be used as follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10 of the Illinois Vehicle Code, except the cost | ||
of administration of Articles I and II of Chapter 3 of that | ||
Code, and to pay the costs of the Executive Ethics | ||
Commission for oversight and administration of the Chief | ||
Procurement Officer appointed under paragraph (2) of | ||
subsection (a) of Section 10-20 of the Illinois | ||
Procurement Code for transportation; and | ||
secondly -- for expenses of the Department of | ||
Transportation for construction, reconstruction, | ||
improvement, repair, maintenance, operation, and | ||
administration of highways in accordance with the | ||
provisions of laws relating thereto, or for any purpose | ||
related or incident to and connected therewith, including | ||
the separation of grades of those highways with railroads | ||
and with highways and including the payment of awards made | ||
by the Illinois Workers' Compensation Commission under the | ||
terms of the Workers' Compensation Act or Workers' | ||
Occupational Diseases Act for injury or death of an | ||
employee of the Division of Highways in the Department of | ||
Transportation; or for the acquisition of land and the | ||
erection of buildings for highway purposes, including the | ||
acquisition of highway right-of-way or for investigations |
to determine the reasonably anticipated future highway | ||
needs; or for making of surveys, plans, specifications and | ||
estimates for and in the construction and maintenance of | ||
flight strips and of highways necessary to provide access | ||
to military and naval reservations, to defense industries | ||
and defense-industry sites, and to the sources of raw | ||
materials and for replacing existing highways and highway | ||
connections shut off from general public use at military | ||
and naval reservations and defense-industry sites, or for | ||
the purchase of right-of-way, except that the State shall | ||
be reimbursed in full for any expense incurred in building | ||
the flight strips; or for the operating and maintaining of | ||
highway garages; or for patrolling and policing the public | ||
highways and conserving the peace; or for the operating | ||
expenses of the Department relating to the administration | ||
of public transportation programs; or, during fiscal year | ||
2023, for the purposes of a grant not to exceed $8,394,800 | ||
to the Regional Transportation Authority on behalf of PACE | ||
for the purpose of ADA/Para-transit expenses; or, during | ||
fiscal year 2024, for the purposes of a grant not to exceed | ||
$9,108,400 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or for any of those purposes or any other | ||
purpose that may be provided by law. | ||
Appropriations for any of those purposes are payable from | ||
the Road Fund. Appropriations may also be made from the Road |
Fund for the administrative expenses of any State agency that | ||
are related to motor vehicles or arise from the use of motor | ||
vehicles. | ||
Beginning with fiscal year 1980 and thereafter, no Road | ||
Fund monies shall be appropriated to the following Departments | ||
or agencies of State government for administration, grants, or | ||
operations; but this limitation is not a restriction upon | ||
appropriating for those purposes any Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Department of Public Health; | ||
2. Department of Transportation, only with respect to | ||
subsidies for one-half fare Student Transportation and | ||
Reduced Fare for Elderly, except fiscal year 2023 when no | ||
more than $17,570,000 may be expended and except fiscal | ||
year 2024 when no more than $19,063,500 may be expended; | ||
3. Department of Central Management Services, except | ||
for expenditures incurred for group insurance premiums of | ||
appropriate personnel; | ||
4. Judicial Systems and Agencies. | ||
Beginning with fiscal year 1981 and thereafter, no Road | ||
Fund monies shall be appropriated to the following Departments | ||
or agencies of State government for administration, grants, or | ||
operations; but this limitation is not a restriction upon | ||
appropriating for those purposes any Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Illinois State Police, except for expenditures with |
respect to the Division of Patrol and Division of Criminal | ||
Investigation; | ||
2. Department of Transportation, only with respect to | ||
Intercity Rail Subsidies, except fiscal year 2023 when no | ||
more than $55,000,000 may be expended and except fiscal | ||
year 2024 when no more than $60,000,000 may be expended, | ||
and Rail Freight Services. | ||
Beginning with fiscal year 1982 and thereafter, no Road | ||
Fund monies shall be appropriated to the following Departments | ||
or agencies of State government for administration, grants, or | ||
operations; but this limitation is not a restriction upon | ||
appropriating for those purposes any Road Fund monies that are | ||
eligible for federal reimbursement: Department of Central | ||
Management Services, except for awards made by the Illinois | ||
Workers' Compensation Commission under the terms of the | ||
Workers' Compensation Act or Workers' Occupational Diseases | ||
Act for injury or death of an employee of the Division of | ||
Highways in the Department of Transportation. | ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies shall be appropriated to the following Departments | ||
or agencies of State government for administration, grants, or | ||
operations; but this limitation is not a restriction upon | ||
appropriating for those purposes any Road Fund monies that are | ||
eligible for federal reimbursement: | ||
1. Illinois State Police, except not more than 40% of | ||
the funds appropriated for the Division of Patrol and |
Division of Criminal Investigation; | ||
2. State Officers. | ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies shall be appropriated to any Department or agency | ||
of State government for administration, grants, or operations | ||
except as provided hereafter; but this limitation is not a | ||
restriction upon appropriating for those purposes any Road | ||
Fund monies that are eligible for federal reimbursement. It | ||
shall not be lawful to circumvent the above appropriation | ||
limitations by governmental reorganization or other methods. | ||
Appropriations shall be made from the Road Fund only in | ||
accordance with the provisions of this Section. | ||
Money in the Road Fund shall, if and when the State of | ||
Illinois incurs any bonded indebtedness for the construction | ||
of permanent highways, be set aside and used for the purpose of | ||
paying and discharging during each fiscal year the principal | ||
and interest on that bonded indebtedness as it becomes due and | ||
payable as provided in the Transportation Bond Act, and for no | ||
other purpose. The surplus, if any, in the Road Fund after the | ||
payment of principal and interest on that bonded indebtedness | ||
then annually due shall be used as follows: | ||
first -- to pay the cost of administration of Chapters | ||
2 through 10 of the Illinois Vehicle Code; and | ||
secondly -- no Road Fund monies derived from fees, | ||
excises, or license taxes relating to registration, | ||
operation and use of vehicles on public highways or to |
fuels used for the propulsion of those vehicles, shall be | ||
appropriated or expended other than for costs of | ||
administering the laws imposing those fees, excises, and | ||
license taxes, statutory refunds and adjustments allowed | ||
thereunder, administrative costs of the Department of | ||
Transportation, including, but not limited to, the | ||
operating expenses of the Department relating to the | ||
administration of public transportation programs, payment | ||
of debts and liabilities incurred in construction and | ||
reconstruction of public highways and bridges, acquisition | ||
of rights-of-way for and the cost of construction, | ||
reconstruction, maintenance, repair, and operation of | ||
public highways and bridges under the direction and | ||
supervision of the State, political subdivision, or | ||
municipality collecting those monies, or during fiscal | ||
year 2023 for the purposes of a grant not to exceed | ||
$8,394,800 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses, or during fiscal year 2024 for the purposes of a | ||
grant not to exceed $9,108,400 to the Regional | ||
Transportation Authority on behalf of PACE for the purpose | ||
of ADA/Para-transit expenses, and the costs for patrolling | ||
and policing the public highways (by the State, political | ||
subdivision, or municipality collecting that money) for | ||
enforcement of traffic laws. The separation of grades of | ||
such highways with railroads and costs associated with |
protection of at-grade highway and railroad crossing shall | ||
also be permissible. | ||
Appropriations for any of such purposes are payable from | ||
the Road Fund or the Grade Crossing Protection Fund as | ||
provided in Section 8 of the Motor Fuel Tax Law. | ||
Except as provided in this paragraph, beginning with | ||
fiscal year 1991 and thereafter, no Road Fund monies shall be | ||
appropriated to the Illinois State Police for the purposes of | ||
this Section in excess of its total fiscal year 1990 Road Fund | ||
appropriations for those purposes unless otherwise provided in | ||
Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||
2006, and 2007 only, no Road Fund monies shall be appropriated | ||
to the Department of State Police for the purposes of this | ||
Section in excess of $97,310,000. For fiscal year 2008 only, | ||
no Road Fund monies shall be appropriated to the Department of | ||
State Police for the purposes of this Section in excess of | ||
$106,100,000. For fiscal year 2009 only, no Road Fund monies | ||
shall be appropriated to the Department of State Police for | ||
the purposes of this Section in excess of $114,700,000. | ||
Beginning in fiscal year 2010, no Road Fund road fund moneys | ||
shall be appropriated to the Illinois State Police. It shall | ||
not be lawful to circumvent this limitation on appropriations | ||
by governmental reorganization or other methods unless | ||
otherwise provided in Section 5g of this Act. | ||
In fiscal year 1994, no Road Fund monies shall be | ||
appropriated to the Secretary of State for the purposes of |
this Section in excess of the total fiscal year 1991 Road Fund | ||||||||||||||||||||||
appropriations to the Secretary of State for those purposes, | ||||||||||||||||||||||
plus $9,800,000. It shall not be lawful to circumvent this | ||||||||||||||||||||||
limitation on appropriations by governmental reorganization or | ||||||||||||||||||||||
other method. | ||||||||||||||||||||||
Beginning with fiscal year 1995 and thereafter, no Road | ||||||||||||||||||||||
Fund monies shall be appropriated to the Secretary of State | ||||||||||||||||||||||
for the purposes of this Section in excess of the total fiscal | ||||||||||||||||||||||
year 1994 Road Fund appropriations to the Secretary of State | ||||||||||||||||||||||
for those purposes. It shall not be lawful to circumvent this | ||||||||||||||||||||||
limitation on appropriations by governmental reorganization or | ||||||||||||||||||||||
other methods. | ||||||||||||||||||||||
Beginning with fiscal year 2000, total Road Fund | ||||||||||||||||||||||
appropriations to the Secretary of State for the purposes of | ||||||||||||||||||||||
this Section shall not exceed the amounts specified for the | ||||||||||||||||||||||
following fiscal years: | ||||||||||||||||||||||
|
For fiscal year 2010, no road fund moneys shall be | ||
appropriated to the Secretary of State. | ||
Beginning in fiscal year 2011, moneys in the Road Fund | ||
shall be appropriated to the Secretary of State for the | ||
exclusive purpose of paying refunds due to overpayment of fees | ||
related to Chapter 3 of the Illinois Vehicle Code unless | ||
otherwise provided for by law. | ||
It shall not be lawful to circumvent this limitation on | ||
appropriations by governmental reorganization or other | ||
methods. | ||
No new program may be initiated in fiscal year 1991 and | ||
thereafter that is not consistent with the limitations imposed | ||
by this Section for fiscal year 1984 and thereafter, insofar | ||
as appropriation of Road Fund monies is concerned. | ||
Nothing in this Section prohibits transfers from the Road | ||
Fund to the State Construction Account Fund under Section 5e | ||
of this Act; nor to the General Revenue Fund, as authorized by | ||
Public Act 93-25. | ||
The additional amounts authorized for expenditure in this | ||
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||
shall be repaid to the Road Fund from the General Revenue Fund | ||
in the next succeeding fiscal year that the General Revenue | ||
Fund has a positive budgetary balance, as determined by | ||
generally accepted accounting principles applicable to | ||
government. | ||
The additional amounts authorized for expenditure by the |
Secretary of State and the Department of State Police in this | ||
Section by Public Act 94-91 shall be repaid to the Road Fund | ||
from the General Revenue Fund in the next succeeding fiscal | ||
year that the General Revenue Fund has a positive budgetary | ||
balance, as determined by generally accepted accounting | ||
principles applicable to government. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.) | ||
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2) | ||
Sec. 12-2. Travel Regulation Council; State travel | ||
reimbursement. | ||
(a) The chairmen of the travel control boards established | ||
by Section 12-1, or their designees, shall together comprise | ||
the Travel Regulation Council. The Travel Regulation Council | ||
shall be chaired by the Director of Central Management | ||
Services, who shall be a nonvoting member of the Council, | ||
unless he is otherwise qualified to vote by virtue of being the | ||
designee of a voting member. No later than March 1, 1986, and | ||
at least biennially thereafter, the Council shall adopt State | ||
Travel Regulations and Reimbursement Rates which shall be | ||
applicable to all personnel subject to the jurisdiction of the | ||
travel control boards established by Section 12-1. An | ||
affirmative vote of a majority of the members of the Council | ||
shall be required to adopt regulations and reimbursement |
rates. If the Council fails to adopt regulations by March 1 of | ||
any odd-numbered year, the Director of Central Management | ||
Services shall adopt emergency regulations and reimbursement | ||
rates pursuant to the Illinois Administrative Procedure Act. | ||
As soon as practicable after January 23, 2023 ( the effective | ||
date of Public Act 102-1119) this amendatory Act of the 102nd | ||
General Assembly , the Travel Regulation Council and the Higher | ||
Education Travel Control Board shall adopt amendments to their | ||
existing rules to ensure that reimbursement rates for public | ||
institutions of higher education, as defined in Section 1-13 | ||
of the Illinois Procurement Code, are set in accordance with | ||
the requirements of subsection (f) of this Section. | ||
(b) (Blank). | ||
(c) (Blank). | ||
(d) Reimbursements to travelers shall be made pursuant to | ||
the rates and regulations applicable to the respective State | ||
agency as of January 1, 1986 ( the effective date of Public Act | ||
84-345) this amendatory Act , until the State Travel | ||
Regulations and Reimbursement Rates established by this | ||
Section are adopted and effective. | ||
(e) (Blank). | ||
(f) (f) Notwithstanding any rule or law to the contrary, | ||
State travel reimbursement rates for lodging and mileage for | ||
automobile travel, as well as allowances for meals, shall be | ||
set at the maximum rates established by the federal government | ||
for travel expenses, subsistence expenses, and mileage |
allowances under 5 U.S.C. 5701 through 5711 and any | ||
regulations promulgated thereunder. If the rates set under | ||
federal regulations increase or decrease during the course of | ||
the State's fiscal year, the effective date of the new rate | ||
shall be the effective date of the change in the federal rate. | ||
(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24; | ||
revised 1-2-24.) | ||
Section 145. The General Obligation Bond Act is amended by | ||
changing Section 11 as follows: | ||
(30 ILCS 330/11) (from Ch. 127, par. 661) | ||
Sec. 11. Sale of Bonds. Except as otherwise provided in | ||
this Section, Bonds shall be sold from time to time pursuant to | ||
notice of sale and public bid or by negotiated sale in such | ||
amounts and at such times as is directed by the Governor, upon | ||
recommendation by the Director of the Governor's Office of | ||
Management and Budget. At least 25%, based on total principal | ||
amount, of all Bonds issued each fiscal year shall be sold | ||
pursuant to notice of sale and public bid. At all times during | ||
each fiscal year, no more than 75%, based on total principal | ||
amount, of the Bonds issued each fiscal year, shall have been | ||
sold by negotiated sale. Failure to satisfy the requirements | ||
in the preceding 2 sentences shall not affect the validity of | ||
any previously issued Bonds; provided that all Bonds | ||
authorized by Public Act 96-43 and Public Act 96-1497 shall |
not be included in determining compliance for any fiscal year | ||
with the requirements of the preceding 2 sentences; and | ||
further provided that refunding Bonds satisfying the | ||
requirements of Section 16 of this Act shall not be subject to | ||
the requirements in the preceding 2 sentences. | ||
The Director of the Governor's Office of Management and | ||
Budget shall comply in the selection of any bond counsel with | ||
the competitive request for proposal process set forth in the | ||
Illinois Procurement Code and all other applicable | ||
requirements of that Code. The Director of the Governor's | ||
Office of Management and Budget may select any financial | ||
advisor from a pool of qualified advisors established pursuant | ||
to a request for qualifications. If any Bonds, including | ||
refunding Bonds, are to be sold by negotiated sale, the | ||
Director of the Governor's Office of Management and Budget | ||
shall select any underwriter from a pool of qualified | ||
underwriters established pursuant to a request for | ||
qualifications. | ||
If Bonds are to be sold pursuant to notice of sale and | ||
public bid, the Director of the Governor's Office of | ||
Management and Budget may, from time to time, as Bonds are to | ||
be sold, advertise the sale of the Bonds in at least 2 daily | ||
newspapers, one of which is published in the City of | ||
Springfield and one in the City of Chicago. The sale of the | ||
Bonds shall be advertised in the BidBuy eProcurement System or | ||
any successor procurement platform maintained by the Chief |
Procurement Officer for General Services , and shall be | ||
published once at least 10 days prior to the date fixed for the | ||
opening of the bids. The Director of the Governor's Office of | ||
Management and Budget may reschedule the date of sale upon the | ||
giving of such additional notice as the Director deems | ||
adequate to inform prospective bidders of such change; | ||
provided, however, that all other conditions of the sale shall | ||
continue as originally advertised. | ||
Executed Bonds shall, upon payment therefor, be delivered | ||
to the purchaser, and the proceeds of Bonds shall be paid into | ||
the State Treasury as directed by Section 12 of this Act. | ||
All Income Tax Proceed Bonds shall comply with this | ||
Section. Notwithstanding anything to the contrary, however, | ||
for purposes of complying with this Section, Income Tax | ||
Proceed Bonds, regardless of the number of series or issuances | ||
sold thereunder, shall be considered a single issue or series. | ||
Furthermore, for purposes of complying with the competitive | ||
bidding requirements of this Section, the words "at all times" | ||
shall not apply to any such sale of the Income Tax Proceed | ||
Bonds. The Director of the Governor's Office of Management and | ||
Budget shall determine the time and manner of any competitive | ||
sale of the Income Tax Proceed Bonds; however, that sale shall | ||
under no circumstances take place later than 60 days after the | ||
State closes the sale of 75% of the Income Tax Proceed Bonds by | ||
negotiated sale. | ||
All State Pension Obligation Acceleration Bonds shall |
comply with this Section. Notwithstanding anything to the | ||
contrary, however, for purposes of complying with this | ||
Section, State Pension Obligation Acceleration Bonds, | ||
regardless of the number of series or issuances sold | ||
thereunder, shall be considered a single issue or series. | ||
Furthermore, for purposes of complying with the competitive | ||
bidding requirements of this Section, the words "at all times" | ||
shall not apply to any such sale of the State Pension | ||
Obligation Acceleration Bonds. The Director of the Governor's | ||
Office of Management and Budget shall determine the time and | ||
manner of any competitive sale of the State Pension Obligation | ||
Acceleration Bonds; however, that sale shall under no | ||
circumstances take place later than 60 days after the State | ||
closes the sale of 75% of the State Pension Obligation | ||
Acceleration Bonds by negotiated sale. | ||
(Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.) | ||
Section 150. The Capital Development Bond Act of 1972 is | ||
amended by changing Section 3 as follows: | ||
(30 ILCS 420/3) (from Ch. 127, par. 753) | ||
Sec. 3. The State of Illinois is authorized to issue, sell | ||
and provide for the retirement of general obligation bonds of | ||
the State of Illinois in the amount of $1,737,000,000 | ||
hereinafter called the "Bonds", for the specific purpose of | ||
providing funds for the acquisition, development, |
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, and durable equipment and | ||
for the acquisition and improvement of real property and | ||
interests in real property required, or expected to be | ||
required, in connection therewith and for the acquisition, | ||
protection and development of natural resources, including | ||
water related resources, within the State of Illinois for open | ||
spaces, water resource management, recreational and | ||
conservation purposes, all within the State of Illinois. | ||
The Bonds shall be used in the following specific manner: | ||
(a) $636,697,287 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for educational purposes by State universities and | ||
colleges, the Illinois Community College Board created by the | ||
Public Community College Act "An Act in relation to the | ||
establishment, operation and maintenance of public community | ||
colleges", approved July 15, 1965, as amended and by the | ||
School Building Commission created by "An Act to provide for | ||
the acquisition, construction, rental, and disposition of | ||
buildings used for school purposes", approved June 21, 1957, | ||
as amended, or its successor, all within the State of | ||
Illinois, and for grants to public community colleges as | ||
authorized by Section 5-11 of the Public Community College |
Act; and for the acquisition, development, construction, | ||
reconstruction rehabilitation, improvement, architectural | ||
planning and installation of capital facilities consisting of | ||
durable movable equipment, including antennas and structures | ||
necessarily relating thereto, for the Board of Governors of | ||
State Colleges and Universities to construct educational | ||
television facilities, which educational television facilities | ||
may be located upon land or structures not owned by the State | ||
providing that the Board of Governors has at least a 25-year | ||
lease for the use of such non-state owned land or structures, | ||
which lease may contain a provision making it subject to | ||
annual appropriations by the General Assembly; | ||
(b) $323,000,000 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for correctional purposes at State prisons and | ||
correctional centers, all within the State of Illinois; | ||
(c) $157,020,000 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment, and | ||
land for open spaces, recreational and conservation purposes | ||
and the protection of land, all within the State of Illinois; | ||
(d) $146,580,000 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, |
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for child care facilities, mental and public health | ||
facilities, and facilities for the care of veterans with | ||
disabilities and their spouses, all within the State of | ||
Illinois; | ||
(e) $348,846,200 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for use by the State, its departments, authorities, | ||
public corporations, commissions and agencies; | ||
(f) To reimburse the Illinois Building Authority created | ||
by the Building Authority Act "An Act to create the Illinois | ||
Building Authority and to define its powers and duties", as | ||
approved August 15, 1961, as amended, for any and all costs and | ||
expenses incurred, and to be incurred, by the Illinois | ||
Building Authority in connection with the acquisition, | ||
construction, development, reconstruction, improvement, | ||
planning, installation and financing of capital facilities | ||
consisting of buildings, structures, equipment and land as | ||
enumerated in subsections (a) through (e) hereof, and in | ||
connection therewith to acquire from the Illinois Building | ||
Authority any such capital facilities; provided, however, that | ||
nothing in this subparagraph shall be construed to require or | ||
permit the acquisition of facilities financed by the Illinois |
Building authority through the issuance of bonds; | ||
(g) $24,853,800 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of buildings, | ||
structures, durable equipment, and land for: | ||
(1) Cargo handling facilities for use by port districts, | ||
and | ||
(2) Breakwaters, including harbor entrances incident | ||
thereto, for use by port districts in conjunction with | ||
facilities for small boats and pleasure craft; | ||
(h) $39,900,000 for the acquisition, development, | ||
construction, reconstruction, modification, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for water resource management projects, all within the | ||
State of Illinois; | ||
(i) $9,852,713 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and | ||
land for educational purposes by nonprofit, nonpublic health | ||
service educational institutions; | ||
(j) $48,000,000 for the acquisition, development, | ||
construction, reconstruction, improvement, financing, | ||
architectural planning and installation of capital facilities | ||
consisting of buildings, structures, durable equipment and |
land for the provision of facilities for food production | ||
research and related instructional and public service | ||
activities at the State universities and public community | ||
colleges, all within the State of Illinois; | ||
(k) $2,250,000 for grants by the Secretary of State, as | ||
State Librarian, for the construction, acquisition, | ||
development, reconstruction and improvement of central library | ||
facilities authorized under Section 8 of the "The Illinois | ||
Library System Act ", as amended . | ||
(Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.) | ||
Section 155. The Build Illinois Bond Act is amended by | ||
changing Section 5 as follows: | ||
(30 ILCS 425/5) (from Ch. 127, par. 2805) | ||
Sec. 5. Bond sale expenses. | ||
(a) Costs for advertising, printing, bond rating, travel | ||
of outside vendors, security, delivery, and legal and | ||
financial advisory services, initial fees of trustees, | ||
registrars, paying agents , and other fiduciaries, initial | ||
costs of credit or liquidity enhancement arrangements, initial | ||
fees of indexing and remarketing agents, and initial costs of | ||
interest rate swaps, guarantees , or arrangements to limit | ||
interest rate risk, as determined in the related Bond Sale | ||
Order, may be paid as reasonable costs of issuance and sale | ||
from the proceeds of each Bond sale. An amount not to exceed 1% |
of the principal amount of the proceeds of the sale of each | ||
bond sale is authorized to be used to pay additional | ||
reasonable costs of each issuance and sale of Bonds authorized | ||
and sold pursuant to this Act, including, without limitation, | ||
underwriter's discounts and fees, but excluding bond | ||
insurance; provided that no salaries of State employees or | ||
other State office operating expenses shall be paid out of | ||
non-appropriated proceeds. The Governor's Office of Management | ||
and Budget shall compile a summary of all costs of issuance on | ||
each sale (including both costs paid out of proceeds and those | ||
paid out of appropriated funds) and post that summary on its | ||
web site within 20 business days after the issuance of the | ||
bonds. The summary shall include, as applicable, the | ||
respective percentage of participation and compensation of | ||
each underwriter that is a member of the underwriting | ||
syndicate, legal counsel, financial advisors, and other | ||
professionals for the Bond issue, and an identification of all | ||
costs of issuance paid to minority-owned businesses, | ||
women-owned businesses, and businesses owned by persons with | ||
disabilities. The terms "minority-owned businesses", | ||
"women-owned businesses", and "business owned by a person with | ||
a disability" have the meanings given to those terms in the | ||
Business Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act. The summary shall be posted on the website | ||
for a period of at least 30 days. In addition, the Governor's | ||
Office of Management and Budget shall provide a written copy |
of each summary of costs to the Speaker and Minority Leader of | ||
the House of Representatives, the President and Minority | ||
Leader of the Senate, and the Commission on Government | ||
Forecasting and Accountability within 20 business days after | ||
each issuance of the bonds. In addition, the Governor's Office | ||
of Management and Budget shall provide copies of all contracts | ||
under which any costs of issuance are paid or to be paid to the | ||
Commission on Government Forecasting and Accountability within | ||
20 business days after the issuance of Bonds for which those | ||
costs are paid or to be paid. Instead of filing a second or | ||
subsequent copy of the same contract, the Governor's Office of | ||
Management and Budget may file a statement that specified | ||
costs are paid under specified contracts filed earlier with | ||
the Commission. | ||
(b) The Director of the Governor's Office of Management | ||
and Budget shall not, in connection with the issuance of | ||
Bonds, contract with any underwriter, financial advisor, or | ||
attorney unless that underwriter, financial advisor, or | ||
attorney certifies that the underwriter, financial advisor, or | ||
attorney has not and will not pay a contingent fee, whether | ||
directly or indirectly, to any third party for having promoted | ||
the selection of the underwriter, financial advisor, or | ||
attorney for that contract. In the event that the Governor's | ||
Office of Management and Budget determines that an | ||
underwriter, financial advisor, or attorney has filed a false | ||
certification with respect to the payment of contingent fees, |
the Governor's Office of Management and Budget shall not | ||
contract with that underwriter, financial advisor, or | ||
attorney, or with any firm employing any person who signed | ||
false certifications, for a period of 2 calendar years, | ||
beginning with the date the determination is made. The | ||
validity of Bonds issued under such circumstances of violation | ||
pursuant to this Section shall not be affected. | ||
(Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.) | ||
Section 160. The Illinois Procurement Code is amended by | ||
changing Sections 1-10 and 10-20 as follows: | ||
(30 ILCS 500/1-10) | ||
Sec. 1-10. Application. | ||
(a) This Code applies only to procurements for which | ||
bidders, offerors, potential contractors, or contractors were | ||
first solicited on or after July 1, 1998. This Code shall not | ||
be construed to affect or impair any contract, or any | ||
provision of a contract, entered into based on a solicitation | ||
prior to the implementation date of this Code as described in | ||
Article 99, including, but not limited to, any covenant | ||
entered into with respect to any revenue bonds or similar | ||
instruments. All procurements for which contracts are | ||
solicited between the effective date of Articles 50 and 99 and | ||
July 1, 1998 shall be substantially in accordance with this | ||
Code and its intent. |
(b) This Code shall apply regardless of the source of the | ||
funds with which the contracts are paid, including federal | ||
assistance moneys. This Code shall not apply to: | ||
(1) Contracts between the State and its political | ||
subdivisions or other governments, or between State | ||
governmental bodies, except as specifically provided in | ||
this Code. | ||
(2) Grants, except for the filing requirements of | ||
Section 20-80. | ||
(3) Purchase of care, except as provided in Section | ||
5-30.6 of the Illinois Public Aid Code and this Section. | ||
(4) Hiring of an individual as an employee and not as | ||
an independent contractor, whether pursuant to an | ||
employment code or policy or by contract directly with | ||
that individual. | ||
(5) Collective bargaining contracts. | ||
(6) Purchase of real estate, except that notice of | ||
this type of contract with a value of more than $25,000 | ||
must be published in the Procurement Bulletin within 10 | ||
calendar days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract. | ||
(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement actions, or investigations, |
provided that the chief legal counsel to the Governor | ||
shall give his or her prior approval when the procuring | ||
agency is one subject to the jurisdiction of the Governor, | ||
and provided that the chief legal counsel of any other | ||
procuring entity subject to this Code shall give his or | ||
her prior approval when the procuring entity is not one | ||
subject to the jurisdiction of the Governor. | ||
(8) (Blank). | ||
(9) Procurement expenditures by the Illinois | ||
Conservation Foundation when only private funds are used. | ||
(10) (Blank). | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) (A) Contracts for legal, financial, and other | ||
professional and artistic services entered into by the | ||
Illinois Finance Authority in which the State of Illinois | ||
is not obligated. Such contracts shall be awarded through | ||
a competitive process authorized by the members of the | ||
Illinois Finance Authority and are subject to Sections | ||
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||
as well as the final approval by the members of the | ||
Illinois Finance Authority of the terms of the contract. |
(B) Contracts for legal and financial services entered | ||
into by the Illinois Housing Development Authority in | ||
connection with the issuance of bonds in which the State | ||
of Illinois is not obligated. Such contracts shall be | ||
awarded through a competitive process authorized by the | ||
members of the Illinois Housing Development Authority and | ||
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||
and 50-37 of this Code, as well as the final approval by | ||
the members of the Illinois Housing Development Authority | ||
of the terms of the contract. | ||
(13) Contracts for services, commodities, and | ||
equipment to support the delivery of timely forensic | ||
science services in consultation with and subject to the | ||
approval of the Chief Procurement Officer as provided in | ||
subsection (d) of Section 5-4-3a of the Unified Code of | ||
Corrections, except for the requirements of Sections | ||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||
Code; however, the Chief Procurement Officer may, in | ||
writing with justification, waive any certification | ||
required under Article 50 of this Code. For any contracts | ||
for services which are currently provided by members of a | ||
collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning | ||
subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. |
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that | ||
requires the State to reimburse the railroad or utilities | ||
for the relocation of utilities for construction or other | ||
public purpose. Contracts included within this paragraph | ||
(15) shall include, but not be limited to, those | ||
associated with: relocations, crossings, installations, | ||
and maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground | ||
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in | ||
Section 13-212 of the Public Utilities Act, (5) rural | ||
water or waste water systems with 10,000 connections or | ||
less, (6) a holder as defined in Section 21-201 of the | ||
Public Utilities Act, and (7) municipalities owning or | ||
operating utility systems consisting of public utilities | ||
as that term is defined in Section 11-117-2 of the | ||
Illinois Municipal Code. | ||
(16) Procurement expenditures necessary for the |
Department of Public Health to provide the delivery of | ||
timely newborn screening services in accordance with the | ||
Newborn Metabolic Screening Act. | ||
(17) Procurement expenditures necessary for the | ||
Department of Agriculture, the Department of Financial and | ||
Professional Regulation, the Department of Human Services, | ||
and the Department of Public Health to implement the | ||
Compassionate Use of Medical Cannabis Program and Opioid | ||
Alternative Pilot Program requirements and ensure access | ||
to medical cannabis for patients with debilitating medical | ||
conditions in accordance with the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
(18) This Code does not apply to any procurements | ||
necessary for the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, the | ||
Department of Human Services, the Department of Commerce | ||
and Economic Opportunity, and the Department of Public | ||
Health to implement the Cannabis Regulation and Tax Act if | ||
the applicable agency has made a good faith determination | ||
that it is necessary and appropriate for the expenditure | ||
to fall within this exemption and if the process is | ||
conducted in a manner substantially in accordance with the | ||
requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||
50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||
Section 50-35, compliance applies only to contracts or |
subcontracts over $100,000. Notice of each contract | ||
entered into under this paragraph (18) that is related to | ||
the procurement of goods and services identified in | ||
paragraph (1) through (9) of this subsection shall be | ||
published in the Procurement Bulletin within 14 calendar | ||
days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the | ||
notice. Each agency shall provide the Chief Procurement | ||
Officer, on a monthly basis, in the form and content | ||
prescribed by the Chief Procurement Officer, a report of | ||
contracts that are related to the procurement of goods and | ||
services identified in this subsection. At a minimum, this | ||
report shall include the name of the contractor, a | ||
description of the supply or service provided, the total | ||
amount of the contract, the term of the contract, and the | ||
exception to this Code utilized. A copy of any or all of | ||
these contracts shall be made available to the Chief | ||
Procurement Officer immediately upon request. The Chief | ||
Procurement Officer shall submit a report to the Governor | ||
and General Assembly no later than November 1 of each year | ||
that includes, at a minimum, an annual summary of the | ||
monthly information reported to the Chief Procurement | ||
Officer. This exemption becomes inoperative 5 years after | ||
June 25, 2019 (the effective date of Public Act 101-27). | ||
(19) Acquisition of modifications or adjustments, | ||
limited to assistive technology devices and assistive |
technology services, adaptive equipment, repairs, and | ||
replacement parts to provide reasonable accommodations (i) | ||
that enable a qualified applicant with a disability to | ||
complete the job application process and be considered for | ||
the position such qualified applicant desires, (ii) that | ||
modify or adjust the work environment to enable a | ||
qualified current employee with a disability to perform | ||
the essential functions of the position held by that | ||
employee, (iii) to enable a qualified current employee | ||
with a disability to enjoy equal benefits and privileges | ||
of employment as are enjoyed by other similarly situated | ||
employees without disabilities, and (iv) that allow a | ||
customer, client, claimant, or member of the public | ||
seeking State services full use and enjoyment of and | ||
access to its programs, services, or benefits. | ||
For purposes of this paragraph (19): | ||
"Assistive technology devices" means any item, piece | ||
of equipment, or product system, whether acquired | ||
commercially off the shelf, modified, or customized, that | ||
is used to increase, maintain, or improve functional | ||
capabilities of individuals with disabilities. | ||
"Assistive technology services" means any service that | ||
directly assists an individual with a disability in | ||
selection, acquisition, or use of an assistive technology | ||
device. | ||
"Qualified" has the same meaning and use as provided |
under the federal Americans with Disabilities Act when | ||
describing an individual with a disability. | ||
(20) Procurement expenditures necessary for the | ||
Illinois Commerce Commission to hire third-party | ||
facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||
of the Public Utilities Act or an ombudsman pursuant to | ||
Section 16-107.5 of the Public Utilities Act, a | ||
facilitator pursuant to Section 16-105.17 of the Public | ||
Utilities Act, or a grid auditor pursuant to Section | ||
16-105.10 of the Public Utilities Act. | ||
(21) Procurement expenditures for the purchase, | ||
renewal, and expansion of software, software licenses, or | ||
software maintenance agreements that support the efforts | ||
of the Illinois State Police to enforce, regulate, and | ||
administer the Firearm Owners Identification Card Act, the | ||
Firearm Concealed Carry Act, the Firearms Restraining | ||
Order Act, the Firearm Dealer License Certification Act, | ||
the Law Enforcement Agencies Data System (LEADS), the | ||
Uniform Crime Reporting Act, the Criminal Identification | ||
Act, the Illinois Uniform Conviction Information Act, and | ||
the Gun Trafficking Information Act, or establish or | ||
maintain record management systems necessary to conduct | ||
human trafficking investigations or gun trafficking or | ||
other stolen firearm investigations. This paragraph (21) | ||
applies to contracts entered into on or after January 10, | ||
2023 (the effective date of Public Act 102-1116) and the |
renewal of contracts that are in effect on January 10, | ||
2023 (the effective date of Public Act 102-1116). | ||
(22) Contracts for project management services and | ||
system integration services required for the completion of | ||
the State's enterprise resource planning project. This | ||
exemption becomes inoperative 5 years after June 7, 2023 | ||
(the effective date of the changes made to this Section by | ||
Public Act 103-8). This paragraph (22) applies to | ||
contracts entered into on or after June 7, 2023 (the | ||
effective date of the changes made to this Section by | ||
Public Act 103-8) and the renewal of contracts that are in | ||
effect on June 7, 2023 (the effective date of the changes | ||
made to this Section by Public Act 103-8). | ||
(23) Procurements necessary for the Department of | ||
Insurance to implement the Illinois Health Benefits | ||
Exchange Law if the Department of Insurance has made a | ||
good faith determination that it is necessary and | ||
appropriate for the expenditure to fall within this | ||
exemption. The procurement process shall be conducted in a | ||
manner substantially in accordance with the requirements | ||
of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||
copy of these contracts shall be made available to the | ||
Chief Procurement Officer immediately upon request. This | ||
paragraph is inoperative 5 years after June 27, 2023 (the | ||
effective date of Public Act 103-103). | ||
(24) (22) Contracts for public education programming, |
noncommercial sustaining announcements, public service | ||
announcements, and public awareness and education | ||
messaging with the nonprofit trade associations of the | ||
providers of those services that inform the public on | ||
immediate and ongoing health and safety risks and hazards. | ||
Notwithstanding any other provision of law, for contracts | ||
with an annual value of more than $100,000 entered into on or | ||
after October 1, 2017 under an exemption provided in any | ||
paragraph of this subsection (b), except paragraph (1), (2), | ||
or (5), each State agency shall post to the appropriate | ||
procurement bulletin the name of the contractor, a description | ||
of the supply or service provided, the total amount of the | ||
contract, the term of the contract, and the exception to the | ||
Code utilized. The chief procurement officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the | ||
chief procurement officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. This Code does not apply to the procurement of | ||
technical and policy experts pursuant to Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois |
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related | ||
to the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 | ||
of the Public Utilities Act, including calculating the range | ||
of capital costs, the range of operating and maintenance | ||
costs, or the sequestration costs or monitoring the | ||
construction of clean coal SNG brownfield facility for the | ||
full duration of construction. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client | ||
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works |
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private | ||
funds" means funds derived from deposits paid into the | ||
Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||
(m) This Code shall apply regardless of the source of | ||
funds with which contracts are paid, including federal | ||
assistance moneys. Except as specifically provided in this | ||
Code, this Code shall not apply to procurement expenditures | ||
necessary for the Department of Public Health to conduct the | ||
Healthy Illinois Survey in accordance with Section 2310-431 of | ||
the Department of Public Health Powers and Duties Law of the | ||
Civil Administrative Code of Illinois. | ||
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||
1-2-24.) |
(30 ILCS 500/10-20) | ||
Sec. 10-20. Independent chief procurement officers. | ||
(a) Appointment. Within 60 calendar days after July 1, | ||
2010 ( the effective date of Public Act 96-795) this amendatory | ||
Act of the 96th General Assembly , the Executive Ethics | ||
Commission, with the advice and consent of the Senate shall | ||
appoint or approve 4 chief procurement officers, one for each | ||
of the following categories: | ||
(1) for procurements for construction and | ||
construction-related services committed by law to the | ||
jurisdiction or responsibility of the Capital Development | ||
Board; | ||
(2) for procurements for all construction, | ||
construction-related services, operation of any facility, | ||
and the provision of any service or activity committed by | ||
law to the jurisdiction or responsibility of the Illinois | ||
Department of Transportation, including the direct or | ||
reimbursable expenditure of all federal funds for which | ||
the Department of Transportation is responsible or | ||
accountable for the use thereof in accordance with federal | ||
law, regulation, or procedure, the chief procurement | ||
officer recommended for approval under this item appointed | ||
by the Secretary of Transportation after consent by the | ||
Executive Ethics Commission; | ||
(3) for all procurements made by a public institution |
of higher education; and | ||
(4) for all other procurement needs of State agencies. | ||
For fiscal year 2024, the Executive Ethics Commission | ||
shall set aside from its appropriation those amounts necessary | ||
for the use of the 4 chief procurement officers for the | ||
ordinary and contingent expenses of their respective | ||
procurement offices. From the amounts set aside by the | ||
Commission, each chief procurement officer shall control the | ||
internal operations of his or her procurement office and shall | ||
procure the necessary equipment, materials, and services to | ||
perform the duties of that office, including hiring necessary | ||
procurement personnel, legal advisors , and other employees, | ||
and may establish, in the exercise of the chief procurement | ||
officer's discretion, the compensation of the office's | ||
employees, which includes the State purchasing officers and | ||
any legal advisors. The Executive Ethics Commission shall have | ||
no control over the employees of the chief procurement | ||
officers. The Executive Ethics Commission shall provide | ||
administrative support services, including payroll, for each | ||
procurement office. | ||
(b) Terms and independence. Each chief procurement officer | ||
appointed under this Section shall serve for a term of 5 years | ||
beginning on the date of the officer's appointment. The chief | ||
procurement officer may be removed for cause after a hearing | ||
by the Executive Ethics Commission. The Governor or the | ||
director of a State agency directly responsible to the |
Governor may institute a complaint against the officer by | ||
filing such complaint with the Commission. The Commission | ||
shall have a hearing based on the complaint. The officer and | ||
the complainant shall receive reasonable notice of the hearing | ||
and shall be permitted to present their respective arguments | ||
on the complaint. After the hearing, the Commission shall make | ||
a finding on the complaint and may take disciplinary action, | ||
including but not limited to removal of the officer. | ||
The salary of a chief procurement officer shall be | ||
established by the Executive Ethics Commission and may not be | ||
diminished during the officer's term. The salary may not | ||
exceed the salary of the director of a State agency for which | ||
the officer serves as chief procurement officer. | ||
(c) Qualifications. In addition to any other requirement | ||
or qualification required by State law, each chief procurement | ||
officer must within 12 months of employment be a Certified | ||
Professional Public Buyer or a Certified Public Purchasing | ||
Officer, pursuant to certification by the Universal Public | ||
Purchasing Certification Council, and must reside in Illinois. | ||
(d) Fiduciary duty. Each chief procurement officer owes a | ||
fiduciary duty to the State. | ||
(e) Vacancy. In case of a vacancy in one or more of the | ||
offices of a chief procurement officer under this Section | ||
during the recess of the Senate, the Executive Ethics | ||
Commission shall make a temporary appointment until the next | ||
meeting of the Senate, when the Executive Ethics Commission |
shall nominate some person to fill the office, and any person | ||
so nominated who is confirmed by the Senate shall hold office | ||
during the remainder of the term and until his or her successor | ||
is appointed and qualified. If the Senate is not in session at | ||
the time Public Act 96-920 this amendatory Act of the 96th | ||
General Assembly takes effect, the Executive Ethics Commission | ||
shall make a temporary appointment as in the case of a vacancy. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.) | ||
Section 165. The Illinois Works Jobs Program Act is | ||
amended by changing Section 20-15 as follows: | ||
(30 ILCS 559/20-15) | ||
Sec. 20-15. Illinois Works Preapprenticeship Program; | ||
Illinois Works Bid Credit Program. | ||
(a) The Illinois Works Preapprenticeship Program is | ||
established and shall be administered by the Department. The | ||
goal of the Illinois Works Preapprenticeship Program is to | ||
create a network of community-based organizations throughout | ||
the State that will recruit, prescreen, and provide | ||
preapprenticeship skills training, for which participants may | ||
attend free of charge and receive a stipend, to create a | ||
qualified, diverse pipeline of workers who are prepared for | ||
careers in the construction and building trades. Upon |
completion of the Illinois Works Preapprenticeship Program, | ||
the candidates will be skilled and work-ready. | ||
(b) There is created the Illinois Works Fund, a special | ||
fund in the State treasury. The Illinois Works Fund shall be | ||
administered by the Department. The Illinois Works Fund shall | ||
be used to provide funding for community-based organizations | ||
throughout the State. In addition to any other transfers that | ||
may be provided for by law, on and after July 1, 2019 at the | ||
direction of the Director of the Governor's Office of | ||
Management and Budget, the State Comptroller shall direct and | ||
the State Treasurer shall transfer amounts not exceeding a | ||
total of $50,000,000 from the Rebuild Illinois Projects Fund | ||
to the Illinois Works Fund. | ||
(c) Each community-based organization that receives | ||
funding from the Illinois Works Fund shall provide an annual | ||
report to the Illinois Works Review Panel by April 1 of each | ||
calendar year. The annual report shall include the following | ||
information: | ||
(1) a description of the community-based | ||
organization's recruitment, screening, and training | ||
efforts; | ||
(2) the number of individuals who apply to, | ||
participate in, and complete the community-based | ||
organization's program, broken down by race, gender, age, | ||
and veteran status; and | ||
(3) the number of the individuals referenced in item (2) |
of this subsection who are initially accepted and placed | ||
into apprenticeship programs in the construction and | ||
building trades. | ||
(d) The Department shall create and administer the | ||
Illinois Works Bid Credit Program that shall provide economic | ||
incentives, through bid credits, to encourage contractors and | ||
subcontractors to provide contracting and employment | ||
opportunities to historically underrepresented populations in | ||
the construction industry. | ||
The Illinois Works Bid Credit Program shall allow | ||
contractors and subcontractors to earn bid credits for use | ||
toward future bids for public works projects contracted by the | ||
State or an agency of the State in order to increase the | ||
chances that the contractor and the subcontractors will be | ||
selected. | ||
Contractors or subcontractors may be eligible to earn bid | ||
credits for employing apprentices who have completed the | ||
Illinois Works Preapprenticeship Program. Contractors or | ||
subcontractors shall earn bid credits at a rate established by | ||
the Department and based on labor hours worked by apprentices | ||
who have completed the Illinois Works Preapprenticeship | ||
Program. In order to earn bid credits, contractors and | ||
subcontractors shall provide the Department with certified | ||
payroll documenting the hours performed by apprentices who | ||
have completed the Illinois Works Preapprenticeship Program. | ||
Contractors and subcontractors can use bid credits toward |
future bids for public works projects contracted or funded by | ||
the State or an agency of the State in order to increase the | ||
likelihood of being selected as the contractor for the public | ||
works project toward which they have applied the bid credit. | ||
The Department shall establish the rate by rule and shall | ||
publish it on the Department's website. The rule may include | ||
maximum bid credits allowed per contractor, per subcontractor, | ||
per apprentice, per bid, or per year. | ||
The Illinois Works Credit Bank is hereby created and shall | ||
be administered by the Department. The Illinois Works Credit | ||
Bank shall track the bid credits. | ||
A contractor or subcontractor who has been awarded bid | ||
credits under any other State program for employing | ||
apprentices who have completed the Illinois Works | ||
Preapprenticeship Program is not eligible to receive bid | ||
credits under the Illinois Works Bid Credit Program relating | ||
to the same contract. | ||
The Department shall report to the Illinois Works Review | ||
Panel the following: (i) the number of bid credits awarded by | ||
the Department; (ii) the number of bid credits submitted by | ||
the contractor or subcontractor to the agency administering | ||
the public works contract; and (iii) the number of bid credits | ||
accepted by the agency for such contract. Any agency that | ||
awards bid credits pursuant to the Illinois Works Credit Bank | ||
Program shall report to the Department the number of bid | ||
credits it accepted for the public works contract. |
Upon a finding that a contractor or subcontractor has | ||
reported falsified records to the Department in order to | ||
fraudulently obtain bid credits, the Department may bar the | ||
contractor or subcontractor from participating in the Illinois | ||
Works Bid Credit Program and may suspend the contractor or | ||
subcontractor from bidding on or participating in any public | ||
works project. False or fraudulent claims for payment relating | ||
to false bid credits may be subject to damages and penalties | ||
under applicable law. | ||
(e) The Department shall adopt any rules deemed necessary | ||
to implement this Section. In order to provide for the | ||
expeditious and timely implementation of this Act, the | ||
Department may adopt emergency rules. The adoption of | ||
emergency rules authorized by this subsection is deemed to be | ||
necessary for the public interest, safety, and welfare. | ||
(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; | ||
revised 9-6-23.) | ||
Section 170. The Build Illinois Act is amended by changing | ||
Section 10-6 as follows: | ||
(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6) | ||
Sec. 10-6. Large Business Attraction Fund. | ||
(a) There is created the Large Business Attraction Fund to | ||
be held as part of the State Treasury. The Department is | ||
authorized to make loans from the Fund for the purposes |
established under this Article. The State Treasurer shall have | ||
custody of the Fund and may invest in securities constituting | ||
direct obligations of the United States Government, in | ||
obligations the principal of and interest on which are | ||
guaranteed by the United States Government, or in certificates | ||
of deposit of any State or national bank that are fully secured | ||
by obligations guaranteed as to principal and interest by the | ||
United States Government. The purpose of the Fund is to offer | ||
loans to finance large firms considering the location of a | ||
proposed plant in the State and to provide financing to carry | ||
out the purposes and provisions of paragraph (h) of Section | ||
10-3. Financing shall be in the form of a loan, mortgage, or | ||
other debt instrument. All loans shall be conditioned on the | ||
project receiving financing from participating lenders or | ||
other sources. Loan proceeds shall be available for project | ||
costs associated with an expansion of business capacity and | ||
employment, except for debt refinancing. Targeted companies | ||
for the program shall primarily consist of established | ||
industrial and service companies with proven records of | ||
earnings that will sell their product to markets beyond | ||
Illinois and have proven multistate location options. New | ||
ventures shall be considered only if the entity is protected | ||
with adequate security with regard to its financing and | ||
operation. The limitations and conditions with respect to the | ||
use of this Fund shall not apply in carrying out the purposes | ||
and provisions of paragraph (h) of Section 10-3. |
(b) Deposits into the Fund shall include, but are not | ||
limited to: | ||
(1) Any appropriations, grants, or gifts made to the | ||
Fund. | ||
(2) Any income received from interest on investments | ||
of amounts from the Fund not currently needed to meet the | ||
obligations of the Fund. | ||
(c) The State Comptroller and the State Treasurer shall | ||
from time to time, upon the written direction of the Governor, | ||
transfer from the Fund to the General Revenue Fund or the | ||
Budget Stabilization Fund, those amounts that the Governor | ||
determines are in excess of the amounts required to meet the | ||
obligations of the Fund. Any amounts transferred to the Budget | ||
Stabilization Fund may be transferred back to the Large | ||
Business Attraction Fund by the State Comptroller and the | ||
State Treasurer, upon the written direction of the Governor. | ||
(d) Notwithstanding subsection (a) of this Section, the | ||
Large Business Attraction Fund may be used for the purposes | ||
established under the Invest in Illinois Act, including for | ||
awards, grants, loans, contracts, and administrative expenses. | ||
(Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23; | ||
revised 2-23-23.) | ||
Section 175. The State Mandates Act is amended by changing | ||
Sections 8.46 and 8.47 as follows: |
(30 ILCS 805/8.46) | ||
Sec. 8.46. Exempt mandate. | ||
(a) Notwithstanding Sections 6 and 8 of this Act, no | ||
reimbursement by the State is required for the implementation | ||
of any mandate created by 102-707, 102-764, 102-806, 102-811, | ||
102-836, 102-856, 102-857, 102-884, 102-943, 102-1061, | ||
102-1064, 102-1088, or 102-1131 this amendatory Act of the | ||
102nd General Assembly . | ||
(b) Notwithstanding Sections 6 and 8 of this Act, no | ||
reimbursement by the State is required for the implementation | ||
of any mandate created by the Decennial Committees on Local | ||
Government Efficiency Act. | ||
(Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22; | ||
102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff. | ||
5-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884, | ||
eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22; | ||
102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff. | ||
6-1-23; revised 9-19-23.) | ||
(30 ILCS 805/8.47) | ||
Sec. 8.47. Exempt mandate. | ||
(a) Notwithstanding Sections 6 and 8 of this Act, no | ||
reimbursement by the State is required for the implementation | ||
of any mandate created by Public Act 103-2, 103-110, 103-409, | ||
103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this | ||
amendatory Act of the 103rd General Assembly . |
(b) Notwithstanding Sections 6 and 8 of this Act, no | ||
reimbursement by the State is required for the implementation | ||
of any mandate created by the Decennial Committees on Local | ||
Government Efficiency Act. | ||
(c) Notwithstanding Sections 6 and 8 of this Act, no | ||
reimbursement by the State is required for the implementation | ||
of the mandate created by Section 2.10a of the Regional | ||
Transportation Authority Act in Public Act 103-281 this | ||
amendatory Act of the 103rd General Assembly . | ||
(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23; | ||
103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff. | ||
1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552, | ||
eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23; | ||
103-582, eff. 12-8-23; revised 1-2-24.) | ||
Section 180. The Illinois Income Tax Act is amended by | ||
changing Sections 201, 203, 228, and 237 as follows: | ||
(35 ILCS 5/201) | ||
Sec. 201. Tax imposed. | ||
(a) In general. A tax measured by net income is hereby | ||
imposed on every individual, corporation, trust and estate for | ||
each taxable year ending after July 31, 1969 on the privilege | ||
of earning or receiving income in or as a resident of this | ||
State. Such tax shall be in addition to all other occupation or | ||
privilege taxes imposed by this State or by any municipal |
corporation or political subdivision thereof. | ||
(b) Rates. The tax imposed by subsection (a) of this | ||
Section shall be determined as follows, except as adjusted by | ||
subsection (d-1): | ||
(1) In the case of an individual, trust or estate, for | ||
taxable years ending prior to July 1, 1989, an amount | ||
equal to 2 1/2% of the taxpayer's net income for the | ||
taxable year. | ||
(2) In the case of an individual, trust or estate, for | ||
taxable years beginning prior to July 1, 1989 and ending | ||
after June 30, 1989, an amount equal to the sum of (i) 2 | ||
1/2% of the taxpayer's net income for the period prior to | ||
July 1, 1989, as calculated under Section 202.3, and (ii) | ||
3% of the taxpayer's net income for the period after June | ||
30, 1989, as calculated under Section 202.3. | ||
(3) In the case of an individual, trust or estate, for | ||
taxable years beginning after June 30, 1989, and ending | ||
prior to January 1, 2011, an amount equal to 3% of the | ||
taxpayer's net income for the taxable year. | ||
(4) In the case of an individual, trust, or estate, | ||
for taxable years beginning prior to January 1, 2011, and | ||
ending after December 31, 2010, an amount equal to the sum | ||
of (i) 3% of the taxpayer's net income for the period prior | ||
to January 1, 2011, as calculated under Section 202.5, and | ||
(ii) 5% of the taxpayer's net income for the period after | ||
December 31, 2010, as calculated under Section 202.5. |
(5) In the case of an individual, trust, or estate, | ||
for taxable years beginning on or after January 1, 2011, | ||
and ending prior to January 1, 2015, an amount equal to 5% | ||
of the taxpayer's net income for the taxable year. | ||
(5.1) In the case of an individual, trust, or estate, | ||
for taxable years beginning prior to January 1, 2015, and | ||
ending after December 31, 2014, an amount equal to the sum | ||
of (i) 5% of the taxpayer's net income for the period prior | ||
to January 1, 2015, as calculated under Section 202.5, and | ||
(ii) 3.75% of the taxpayer's net income for the period | ||
after December 31, 2014, as calculated under Section | ||
202.5. | ||
(5.2) In the case of an individual, trust, or estate, | ||
for taxable years beginning on or after January 1, 2015, | ||
and ending prior to July 1, 2017, an amount equal to 3.75% | ||
of the taxpayer's net income for the taxable year. | ||
(5.3) In the case of an individual, trust, or estate, | ||
for taxable years beginning prior to July 1, 2017, and | ||
ending after June 30, 2017, an amount equal to the sum of | ||
(i) 3.75% of the taxpayer's net income for the period | ||
prior to July 1, 2017, as calculated under Section 202.5, | ||
and (ii) 4.95% of the taxpayer's net income for the period | ||
after June 30, 2017, as calculated under Section 202.5. | ||
(5.4) In the case of an individual, trust, or estate, | ||
for taxable years beginning on or after July 1, 2017, an | ||
amount equal to 4.95% of the taxpayer's net income for the |
taxable year. | ||
(6) In the case of a corporation, for taxable years | ||
ending prior to July 1, 1989, an amount equal to 4% of the | ||
taxpayer's net income for the taxable year. | ||
(7) In the case of a corporation, for taxable years | ||
beginning prior to July 1, 1989 and ending after June 30, | ||
1989, an amount equal to the sum of (i) 4% of the | ||
taxpayer's net income for the period prior to July 1, | ||
1989, as calculated under Section 202.3, and (ii) 4.8% of | ||
the taxpayer's net income for the period after June 30, | ||
1989, as calculated under Section 202.3. | ||
(8) In the case of a corporation, for taxable years | ||
beginning after June 30, 1989, and ending prior to January | ||
1, 2011, an amount equal to 4.8% of the taxpayer's net | ||
income for the taxable year. | ||
(9) In the case of a corporation, for taxable years | ||
beginning prior to January 1, 2011, and ending after | ||
December 31, 2010, an amount equal to the sum of (i) 4.8% | ||
of the taxpayer's net income for the period prior to | ||
January 1, 2011, as calculated under Section 202.5, and | ||
(ii) 7% of the taxpayer's net income for the period after | ||
December 31, 2010, as calculated under Section 202.5. | ||
(10) In the case of a corporation, for taxable years | ||
beginning on or after January 1, 2011, and ending prior to | ||
January 1, 2015, an amount equal to 7% of the taxpayer's | ||
net income for the taxable year. |
(11) In the case of a corporation, for taxable years | ||
beginning prior to January 1, 2015, and ending after | ||
December 31, 2014, an amount equal to the sum of (i) 7% of | ||
the taxpayer's net income for the period prior to January | ||
1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||
of the taxpayer's net income for the period after December | ||
31, 2014, as calculated under Section 202.5. | ||
(12) In the case of a corporation, for taxable years | ||
beginning on or after January 1, 2015, and ending prior to | ||
July 1, 2017, an amount equal to 5.25% of the taxpayer's | ||
net income for the taxable year. | ||
(13) In the case of a corporation, for taxable years | ||
beginning prior to July 1, 2017, and ending after June 30, | ||
2017, an amount equal to the sum of (i) 5.25% of the | ||
taxpayer's net income for the period prior to July 1, | ||
2017, as calculated under Section 202.5, and (ii) 7% of | ||
the taxpayer's net income for the period after June 30, | ||
2017, as calculated under Section 202.5. | ||
(14) In the case of a corporation, for taxable years | ||
beginning on or after July 1, 2017, an amount equal to 7% | ||
of the taxpayer's net income for the taxable year. | ||
The rates under this subsection (b) are subject to the | ||
provisions of Section 201.5. | ||
(b-5) Surcharge; sale or exchange of assets, properties, | ||
and intangibles of organization gaming licensees. For each of | ||
taxable years 2019 through 2027, a surcharge is imposed on all |
taxpayers on income arising from the sale or exchange of | ||
capital assets, depreciable business property, real property | ||
used in the trade or business, and Section 197 intangibles (i) | ||
of an organization licensee under the Illinois Horse Racing | ||
Act of 1975 and (ii) of an organization gaming licensee under | ||
the Illinois Gambling Act. The amount of the surcharge is | ||
equal to the amount of federal income tax liability for the | ||
taxable year attributable to those sales and exchanges. The | ||
surcharge imposed shall not apply if: | ||
(1) the organization gaming license, organization | ||
license, or racetrack property is transferred as a result | ||
of any of the following: | ||
(A) bankruptcy, a receivership, or a debt | ||
adjustment initiated by or against the initial | ||
licensee or the substantial owners of the initial | ||
licensee; | ||
(B) cancellation, revocation, or termination of | ||
any such license by the Illinois Gaming Board or the | ||
Illinois Racing Board; | ||
(C) a determination by the Illinois Gaming Board | ||
that transfer of the license is in the best interests | ||
of Illinois gaming; | ||
(D) the death of an owner of the equity interest in | ||
a licensee; | ||
(E) the acquisition of a controlling interest in | ||
the stock or substantially all of the assets of a |
publicly traded company; | ||
(F) a transfer by a parent company to a wholly | ||
owned subsidiary; or | ||
(G) the transfer or sale to or by one person to | ||
another person where both persons were initial owners | ||
of the license when the license was issued; or | ||
(2) the controlling interest in the organization | ||
gaming license, organization license, or racetrack | ||
property is transferred in a transaction to lineal | ||
descendants in which no gain or loss is recognized or as a | ||
result of a transaction in accordance with Section 351 of | ||
the Internal Revenue Code in which no gain or loss is | ||
recognized; or | ||
(3) live horse racing was not conducted in 2010 at a | ||
racetrack located within 3 miles of the Mississippi River | ||
under a license issued pursuant to the Illinois Horse | ||
Racing Act of 1975. | ||
The transfer of an organization gaming license, | ||
organization license, or racetrack property by a person other | ||
than the initial licensee to receive the organization gaming | ||
license is not subject to a surcharge. The Department shall | ||
adopt rules necessary to implement and administer this | ||
subsection. | ||
(c) Personal Property Tax Replacement Income Tax. | ||
Beginning on July 1, 1979 and thereafter, in addition to such | ||
income tax, there is also hereby imposed the Personal Property |
Tax Replacement Income Tax measured by net income on every | ||
corporation (including Subchapter S corporations), partnership | ||
and trust, for each taxable year ending after June 30, 1979. | ||
Such taxes are imposed on the privilege of earning or | ||
receiving income in or as a resident of this State. The | ||
Personal Property Tax Replacement Income Tax shall be in | ||
addition to the income tax imposed by subsections (a) and (b) | ||
of this Section and in addition to all other occupation or | ||
privilege taxes imposed by this State or by any municipal | ||
corporation or political subdivision thereof. | ||
(d) Additional Personal Property Tax Replacement Income | ||
Tax Rates. The personal property tax replacement income tax | ||
imposed by this subsection and subsection (c) of this Section | ||
in the case of a corporation, other than a Subchapter S | ||
corporation and except as adjusted by subsection (d-1), shall | ||
be an additional amount equal to 2.85% of such taxpayer's net | ||
income for the taxable year, except that beginning on January | ||
1, 1981, and thereafter, the rate of 2.85% specified in this | ||
subsection shall be reduced to 2.5%, and in the case of a | ||
partnership, trust or a Subchapter S corporation shall be an | ||
additional amount equal to 1.5% of such taxpayer's net income | ||
for the taxable year. | ||
(d-1) Rate reduction for certain foreign insurers. In the | ||
case of a foreign insurer, as defined by Section 35A-5 of the | ||
Illinois Insurance Code, whose state or country of domicile | ||
imposes on insurers domiciled in Illinois a retaliatory tax |
(excluding any insurer whose premiums from reinsurance assumed | ||
are 50% or more of its total insurance premiums as determined | ||
under paragraph (2) of subsection (b) of Section 304, except | ||
that for purposes of this determination premiums from | ||
reinsurance do not include premiums from inter-affiliate | ||
reinsurance arrangements), beginning with taxable years ending | ||
on or after December 31, 1999, the sum of the rates of tax | ||
imposed by subsections (b) and (d) shall be reduced (but not | ||
increased) to the rate at which the total amount of tax imposed | ||
under this Act, net of all credits allowed under this Act, | ||
shall equal (i) the total amount of tax that would be imposed | ||
on the foreign insurer's net income allocable to Illinois for | ||
the taxable year by such foreign insurer's state or country of | ||
domicile if that net income were subject to all income taxes | ||
and taxes measured by net income imposed by such foreign | ||
insurer's state or country of domicile, net of all credits | ||
allowed or (ii) a rate of zero if no such tax is imposed on | ||
such income by the foreign insurer's state of domicile. For | ||
the purposes of this subsection (d-1), an inter-affiliate | ||
includes a mutual insurer under common management. | ||
(1) For the purposes of subsection (d-1), in no event | ||
shall the sum of the rates of tax imposed by subsections | ||
(b) and (d) be reduced below the rate at which the sum of: | ||
(A) the total amount of tax imposed on such | ||
foreign insurer under this Act for a taxable year, net | ||
of all credits allowed under this Act, plus |
(B) the privilege tax imposed by Section 409 of | ||
the Illinois Insurance Code, the fire insurance | ||
company tax imposed by Section 12 of the Fire | ||
Investigation Act, and the fire department taxes | ||
imposed under Section 11-10-1 of the Illinois | ||
Municipal Code, | ||
equals 1.25% for taxable years ending prior to December | ||
31, 2003, or 1.75% for taxable years ending on or after | ||
December 31, 2003, of the net taxable premiums written for | ||
the taxable year, as described by subsection (1) of | ||
Section 409 of the Illinois Insurance Code. This paragraph | ||
will in no event increase the rates imposed under | ||
subsections (b) and (d). | ||
(2) Any reduction in the rates of tax imposed by this | ||
subsection shall be applied first against the rates | ||
imposed by subsection (b) and only after the tax imposed | ||
by subsection (a) net of all credits allowed under this | ||
Section other than the credit allowed under subsection (i) | ||
has been reduced to zero, against the rates imposed by | ||
subsection (d). | ||
This subsection (d-1) is exempt from the provisions of | ||
Section 250. | ||
(e) Investment credit. A taxpayer shall be allowed a | ||
credit against the Personal Property Tax Replacement Income | ||
Tax for investment in qualified property. | ||
(1) A taxpayer shall be allowed a credit equal to .5% |
of the basis of qualified property placed in service | ||
during the taxable year, provided such property is placed | ||
in service on or after July 1, 1984. There shall be allowed | ||
an additional credit equal to .5% of the basis of | ||
qualified property placed in service during the taxable | ||
year, provided such property is placed in service on or | ||
after July 1, 1986, and the taxpayer's base employment | ||
within Illinois has increased by 1% or more over the | ||
preceding year as determined by the taxpayer's employment | ||
records filed with the Illinois Department of Employment | ||
Security. Taxpayers who are new to Illinois shall be | ||
deemed to have met the 1% growth in base employment for the | ||
first year in which they file employment records with the | ||
Illinois Department of Employment Security. The provisions | ||
added to this Section by Public Act 85-1200 (and restored | ||
by Public Act 87-895) shall be construed as declaratory of | ||
existing law and not as a new enactment. If, in any year, | ||
the increase in base employment within Illinois over the | ||
preceding year is less than 1%, the additional credit | ||
shall be limited to that percentage times a fraction, the | ||
numerator of which is .5% and the denominator of which is | ||
1%, but shall not exceed .5%. The investment credit shall | ||
not be allowed to the extent that it would reduce a | ||
taxpayer's liability in any tax year below zero, nor may | ||
any credit for qualified property be allowed for any year | ||
other than the year in which the property was placed in |
service in Illinois. For tax years ending on or after | ||
December 31, 1987, and on or before December 31, 1988, the | ||
credit shall be allowed for the tax year in which the | ||
property is placed in service, or, if the amount of the | ||
credit exceeds the tax liability for that year, whether it | ||
exceeds the original liability or the liability as later | ||
amended, such excess may be carried forward and applied to | ||
the tax liability of the 5 taxable years following the | ||
excess credit years if the taxpayer (i) makes investments | ||
which cause the creation of a minimum of 2,000 full-time | ||
equivalent jobs in Illinois, (ii) is located in an | ||
enterprise zone established pursuant to the Illinois | ||
Enterprise Zone Act and (iii) is certified by the | ||
Department of Commerce and Community Affairs (now | ||
Department of Commerce and Economic Opportunity) as | ||
complying with the requirements specified in clause (i) | ||
and (ii) by July 1, 1986. The Department of Commerce and | ||
Community Affairs (now Department of Commerce and Economic | ||
Opportunity) shall notify the Department of Revenue of all | ||
such certifications immediately. For tax years ending | ||
after December 31, 1988, the credit shall be allowed for | ||
the tax year in which the property is placed in service, | ||
or, if the amount of the credit exceeds the tax liability | ||
for that year, whether it exceeds the original liability | ||
or the liability as later amended, such excess may be | ||
carried forward and applied to the tax liability of the 5 |
taxable years following the excess credit years. The | ||
credit shall be applied to the earliest year for which | ||
there is a liability. If there is credit from more than one | ||
tax year that is available to offset a liability, earlier | ||
credit shall be applied first. | ||
(2) The term "qualified property" means property | ||
which: | ||
(A) is tangible, whether new or used, including | ||
buildings and structural components of buildings and | ||
signs that are real property, but not including land | ||
or improvements to real property that are not a | ||
structural component of a building such as | ||
landscaping, sewer lines, local access roads, fencing, | ||
parking lots, and other appurtenances; | ||
(B) is depreciable pursuant to Section 167 of the | ||
Internal Revenue Code, except that "3-year property" | ||
as defined in Section 168(c)(2)(A) of that Code is not | ||
eligible for the credit provided by this subsection | ||
(e); | ||
(C) is acquired by purchase as defined in Section | ||
179(d) of the Internal Revenue Code; | ||
(D) is used in Illinois by a taxpayer who is | ||
primarily engaged in manufacturing, or in mining coal | ||
or fluorite, or in retailing, or was placed in service | ||
on or after July 1, 2006 in a River Edge Redevelopment | ||
Zone established pursuant to the River Edge |
Redevelopment Zone Act; and | ||
(E) has not previously been used in Illinois in | ||
such a manner and by such a person as would qualify for | ||
the credit provided by this subsection (e) or | ||
subsection (f). | ||
(3) For purposes of this subsection (e), | ||
"manufacturing" means the material staging and production | ||
of tangible personal property by procedures commonly | ||
regarded as manufacturing, processing, fabrication, or | ||
assembling which changes some existing material into new | ||
shapes, new qualities, or new combinations. For purposes | ||
of this subsection (e) the term "mining" shall have the | ||
same meaning as the term "mining" in Section 613(c) of the | ||
Internal Revenue Code. For purposes of this subsection | ||
(e), the term "retailing" means the sale of tangible | ||
personal property for use or consumption and not for | ||
resale, or services rendered in conjunction with the sale | ||
of tangible personal property for use or consumption and | ||
not for resale. For purposes of this subsection (e), | ||
"tangible personal property" has the same meaning as when | ||
that term is used in the Retailers' Occupation Tax Act, | ||
and, for taxable years ending after December 31, 2008, | ||
does not include the generation, transmission, or | ||
distribution of electricity. | ||
(4) The basis of qualified property shall be the basis | ||
used to compute the depreciation deduction for federal |
income tax purposes. | ||
(5) If the basis of the property for federal income | ||
tax depreciation purposes is increased after it has been | ||
placed in service in Illinois by the taxpayer, the amount | ||
of such increase shall be deemed property placed in | ||
service on the date of such increase in basis. | ||
(6) The term "placed in service" shall have the same | ||
meaning as under Section 46 of the Internal Revenue Code. | ||
(7) If during any taxable year, any property ceases to | ||
be qualified property in the hands of the taxpayer within | ||
48 months after being placed in service, or the situs of | ||
any qualified property is moved outside Illinois within 48 | ||
months after being placed in service, the Personal | ||
Property Tax Replacement Income Tax for such taxable year | ||
shall be increased. Such increase shall be determined by | ||
(i) recomputing the investment credit which would have | ||
been allowed for the year in which credit for such | ||
property was originally allowed by eliminating such | ||
property from such computation and, (ii) subtracting such | ||
recomputed credit from the amount of credit previously | ||
allowed. For the purposes of this paragraph (7), a | ||
reduction of the basis of qualified property resulting | ||
from a redetermination of the purchase price shall be | ||
deemed a disposition of qualified property to the extent | ||
of such reduction. | ||
(8) Unless the investment credit is extended by law, |
the basis of qualified property shall not include costs | ||
incurred after December 31, 2018, except for costs | ||
incurred pursuant to a binding contract entered into on or | ||
before December 31, 2018. | ||
(9) Each taxable year ending before December 31, 2000, | ||
a partnership may elect to pass through to its partners | ||
the credits to which the partnership is entitled under | ||
this subsection (e) for the taxable year. A partner may | ||
use the credit allocated to him or her under this | ||
paragraph only against the tax imposed in subsections (c) | ||
and (d) of this Section. If the partnership makes that | ||
election, those credits shall be allocated among the | ||
partners in the partnership in accordance with the rules | ||
set forth in Section 704(b) of the Internal Revenue Code, | ||
and the rules promulgated under that Section, and the | ||
allocated amount of the credits shall be allowed to the | ||
partners for that taxable year. The partnership shall make | ||
this election on its Personal Property Tax Replacement | ||
Income Tax return for that taxable year. The election to | ||
pass through the credits shall be irrevocable. | ||
For taxable years ending on or after December 31, | ||
2000, a partner that qualifies its partnership for a | ||
subtraction under subparagraph (I) of paragraph (2) of | ||
subsection (d) of Section 203 or a shareholder that | ||
qualifies a Subchapter S corporation for a subtraction | ||
under subparagraph (S) of paragraph (2) of subsection (b) |
of Section 203 shall be allowed a credit under this | ||
subsection (e) equal to its share of the credit earned | ||
under this subsection (e) during the taxable year by the | ||
partnership or Subchapter S corporation, determined in | ||
accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 | ||
and Subchapter S of the Internal Revenue Code. This | ||
paragraph is exempt from the provisions of Section 250. | ||
(f) Investment credit; Enterprise Zone; River Edge | ||
Redevelopment Zone. | ||
(1) A taxpayer shall be allowed a credit against the | ||
tax imposed by subsections (a) and (b) of this Section for | ||
investment in qualified property which is placed in | ||
service in an Enterprise Zone created pursuant to the | ||
Illinois Enterprise Zone Act or, for property placed in | ||
service on or after July 1, 2006, a River Edge | ||
Redevelopment Zone established pursuant to the River Edge | ||
Redevelopment Zone Act. For partners, shareholders of | ||
Subchapter S corporations, and owners of limited liability | ||
companies, if the liability company is treated as a | ||
partnership for purposes of federal and State income | ||
taxation, for taxable years ending before December 31, | ||
2023, there shall be allowed a credit under this | ||
subsection (f) to be determined in accordance with the | ||
determination of income and distributive share of income | ||
under Sections 702 and 704 and Subchapter S of the |
Internal Revenue Code. For taxable years ending on or | ||
after December 31, 2023, for partners and shareholders of | ||
Subchapter S corporations, the provisions of Section 251 | ||
shall apply with respect to the credit under this | ||
subsection. The credit shall be .5% of the basis for such | ||
property. The credit shall be available only in the | ||
taxable year in which the property is placed in service in | ||
the Enterprise Zone or River Edge Redevelopment Zone and | ||
shall not be allowed to the extent that it would reduce a | ||
taxpayer's liability for the tax imposed by subsections | ||
(a) and (b) of this Section to below zero. For tax years | ||
ending on or after December 31, 1985, the credit shall be | ||
allowed for the tax year in which the property is placed in | ||
service, or, if the amount of the credit exceeds the tax | ||
liability for that year, whether it exceeds the original | ||
liability or the liability as later amended, such excess | ||
may be carried forward and applied to the tax liability of | ||
the 5 taxable years following the excess credit year. The | ||
credit shall be applied to the earliest year for which | ||
there is a liability. If there is credit from more than one | ||
tax year that is available to offset a liability, the | ||
credit accruing first in time shall be applied first. | ||
(2) The term qualified property means property which: | ||
(A) is tangible, whether new or used, including | ||
buildings and structural components of buildings; | ||
(B) is depreciable pursuant to Section 167 of the |
Internal Revenue Code, except that "3-year property" | ||
as defined in Section 168(c)(2)(A) of that Code is not | ||
eligible for the credit provided by this subsection | ||
(f); | ||
(C) is acquired by purchase as defined in Section | ||
179(d) of the Internal Revenue Code; | ||
(D) is used in the Enterprise Zone or River Edge | ||
Redevelopment Zone by the taxpayer; and | ||
(E) has not been previously used in Illinois in | ||
such a manner and by such a person as would qualify for | ||
the credit provided by this subsection (f) or | ||
subsection (e). | ||
(3) The basis of qualified property shall be the basis | ||
used to compute the depreciation deduction for federal | ||
income tax purposes. | ||
(4) If the basis of the property for federal income | ||
tax depreciation purposes is increased after it has been | ||
placed in service in the Enterprise Zone or River Edge | ||
Redevelopment Zone by the taxpayer, the amount of such | ||
increase shall be deemed property placed in service on the | ||
date of such increase in basis. | ||
(5) The term "placed in service" shall have the same | ||
meaning as under Section 46 of the Internal Revenue Code. | ||
(6) If during any taxable year, any property ceases to | ||
be qualified property in the hands of the taxpayer within | ||
48 months after being placed in service, or the situs of |
any qualified property is moved outside the Enterprise | ||
Zone or River Edge Redevelopment Zone within 48 months | ||
after being placed in service, the tax imposed under | ||
subsections (a) and (b) of this Section for such taxable | ||
year shall be increased. Such increase shall be determined | ||
by (i) recomputing the investment credit which would have | ||
been allowed for the year in which credit for such | ||
property was originally allowed by eliminating such | ||
property from such computation, and (ii) subtracting such | ||
recomputed credit from the amount of credit previously | ||
allowed. For the purposes of this paragraph (6), a | ||
reduction of the basis of qualified property resulting | ||
from a redetermination of the purchase price shall be | ||
deemed a disposition of qualified property to the extent | ||
of such reduction. | ||
(7) There shall be allowed an additional credit equal | ||
to 0.5% of the basis of qualified property placed in | ||
service during the taxable year in a River Edge | ||
Redevelopment Zone, provided such property is placed in | ||
service on or after July 1, 2006, and the taxpayer's base | ||
employment within Illinois has increased by 1% or more | ||
over the preceding year as determined by the taxpayer's | ||
employment records filed with the Illinois Department of | ||
Employment Security. Taxpayers who are new to Illinois | ||
shall be deemed to have met the 1% growth in base | ||
employment for the first year in which they file |
employment records with the Illinois Department of | ||
Employment Security. If, in any year, the increase in base | ||
employment within Illinois over the preceding year is less | ||
than 1%, the additional credit shall be limited to that | ||
percentage times a fraction, the numerator of which is | ||
0.5% and the denominator of which is 1%, but shall not | ||
exceed 0.5%. | ||
(8) For taxable years beginning on or after January 1, | ||
2021, there shall be allowed an Enterprise Zone | ||
construction jobs credit against the taxes imposed under | ||
subsections (a) and (b) of this Section as provided in | ||
Section 13 of the Illinois Enterprise Zone Act. | ||
The credit or credits may not reduce the taxpayer's | ||
liability to less than zero. If the amount of the credit or | ||
credits exceeds the taxpayer's liability, the excess may | ||
be carried forward and applied against the taxpayer's | ||
liability in succeeding calendar years in the same manner | ||
provided under paragraph (4) of Section 211 of this Act. | ||
The credit or credits shall be applied to the earliest | ||
year for which there is a tax liability. If there are | ||
credits from more than one taxable year that are available | ||
to offset a liability, the earlier credit shall be applied | ||
first. | ||
For partners, shareholders of Subchapter S | ||
corporations, and owners of limited liability companies, | ||
if the liability company is treated as a partnership for |
the purposes of federal and State income taxation, for | ||
taxable years ending before December 31, 2023, there shall | ||
be allowed a credit under this Section to be determined in | ||
accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 | ||
and Subchapter S of the Internal Revenue Code. For taxable | ||
years ending on or after December 31, 2023, for partners | ||
and shareholders of Subchapter S corporations, the | ||
provisions of Section 251 shall apply with respect to the | ||
credit under this subsection. | ||
The total aggregate amount of credits awarded under | ||
the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | ||
shall not exceed $20,000,000 in any State fiscal year. | ||
This paragraph (8) is exempt from the provisions of | ||
Section 250. | ||
(g) (Blank). | ||
(h) Investment credit; High Impact Business. | ||
(1) Subject to subsections (b) and (b-5) of Section | ||
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall | ||
be allowed a credit against the tax imposed by subsections | ||
(a) and (b) of this Section for investment in qualified | ||
property which is placed in service by a Department of | ||
Commerce and Economic Opportunity designated High Impact | ||
Business. The credit shall be .5% of the basis for such | ||
property. The credit shall not be available (i) until the | ||
minimum investments in qualified property set forth in |
subdivision (a)(3)(A) of Section 5.5 of the Illinois | ||
Enterprise Zone Act have been satisfied or (ii) until the | ||
time authorized in subsection (b-5) of the Illinois | ||
Enterprise Zone Act for entities designated as High Impact | ||
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and | ||
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone | ||
Act, and shall not be allowed to the extent that it would | ||
reduce a taxpayer's liability for the tax imposed by | ||
subsections (a) and (b) of this Section to below zero. The | ||
credit applicable to such investments shall be taken in | ||
the taxable year in which such investments have been | ||
completed. The credit for additional investments beyond | ||
the minimum investment by a designated high impact | ||
business authorized under subdivision (a)(3)(A) of Section | ||
5.5 of the Illinois Enterprise Zone Act shall be available | ||
only in the taxable year in which the property is placed in | ||
service and shall not be allowed to the extent that it | ||
would reduce a taxpayer's liability for the tax imposed by | ||
subsections (a) and (b) of this Section to below zero. For | ||
tax years ending on or after December 31, 1987, the credit | ||
shall be allowed for the tax year in which the property is | ||
placed in service, or, if the amount of the credit exceeds | ||
the tax liability for that year, whether it exceeds the | ||
original liability or the liability as later amended, such | ||
excess may be carried forward and applied to the tax | ||
liability of the 5 taxable years following the excess |
credit year. The credit shall be applied to the earliest | ||
year for which there is a liability. If there is credit | ||
from more than one tax year that is available to offset a | ||
liability, the credit accruing first in time shall be | ||
applied first. | ||
Changes made in this subdivision (h)(1) by Public Act | ||
88-670 restore changes made by Public Act 85-1182 and | ||
reflect existing law. | ||
(2) The term qualified property means property which: | ||
(A) is tangible, whether new or used, including | ||
buildings and structural components of buildings; | ||
(B) is depreciable pursuant to Section 167 of the | ||
Internal Revenue Code, except that "3-year property" | ||
as defined in Section 168(c)(2)(A) of that Code is not | ||
eligible for the credit provided by this subsection | ||
(h); | ||
(C) is acquired by purchase as defined in Section | ||
179(d) of the Internal Revenue Code; and | ||
(D) is not eligible for the Enterprise Zone | ||
Investment Credit provided by subsection (f) of this | ||
Section. | ||
(3) The basis of qualified property shall be the basis | ||
used to compute the depreciation deduction for federal | ||
income tax purposes. | ||
(4) If the basis of the property for federal income | ||
tax depreciation purposes is increased after it has been |
placed in service in a federally designated Foreign Trade | ||
Zone or Sub-Zone located in Illinois by the taxpayer, the | ||
amount of such increase shall be deemed property placed in | ||
service on the date of such increase in basis. | ||
(5) The term "placed in service" shall have the same | ||
meaning as under Section 46 of the Internal Revenue Code. | ||
(6) If during any taxable year ending on or before | ||
December 31, 1996, any property ceases to be qualified | ||
property in the hands of the taxpayer within 48 months | ||
after being placed in service, or the situs of any | ||
qualified property is moved outside Illinois within 48 | ||
months after being placed in service, the tax imposed | ||
under subsections (a) and (b) of this Section for such | ||
taxable year shall be increased. Such increase shall be | ||
determined by (i) recomputing the investment credit which | ||
would have been allowed for the year in which credit for | ||
such property was originally allowed by eliminating such | ||
property from such computation, and (ii) subtracting such | ||
recomputed credit from the amount of credit previously | ||
allowed. For the purposes of this paragraph (6), a | ||
reduction of the basis of qualified property resulting | ||
from a redetermination of the purchase price shall be | ||
deemed a disposition of qualified property to the extent | ||
of such reduction. | ||
(7) Beginning with tax years ending after December 31, | ||
1996, if a taxpayer qualifies for the credit under this |
subsection (h) and thereby is granted a tax abatement and | ||
the taxpayer relocates its entire facility in violation of | ||
the explicit terms and length of the contract under | ||
Section 18-183 of the Property Tax Code, the tax imposed | ||
under subsections (a) and (b) of this Section shall be | ||
increased for the taxable year in which the taxpayer | ||
relocated its facility by an amount equal to the amount of | ||
credit received by the taxpayer under this subsection (h). | ||
(h-5) High Impact Business construction jobs credit. For | ||
taxable years beginning on or after January 1, 2021, there | ||
shall also be allowed a High Impact Business construction jobs | ||
credit against the tax imposed under subsections (a) and (b) | ||
of this Section as provided in subsections (i) and (j) of | ||
Section 5.5 of the Illinois Enterprise Zone Act. | ||
The credit or credits may not reduce the taxpayer's | ||
liability to less than zero. If the amount of the credit or | ||
credits exceeds the taxpayer's liability, the excess may be | ||
carried forward and applied against the taxpayer's liability | ||
in succeeding calendar years in the manner provided under | ||
paragraph (4) of Section 211 of this Act. The credit or credits | ||
shall be applied to the earliest year for which there is a tax | ||
liability. If there are credits from more than one taxable | ||
year that are available to offset a liability, the earlier | ||
credit shall be applied first. | ||
For partners, shareholders of Subchapter S corporations, | ||
and owners of limited liability companies, for taxable years |
ending before December 31, 2023, if the liability company is | ||
treated as a partnership for the purposes of federal and State | ||
income taxation, there shall be allowed a credit under this | ||
Section to be determined in accordance with the determination | ||
of income and distributive share of income under Sections 702 | ||
and 704 and Subchapter S of the Internal Revenue Code. For | ||
taxable years ending on or after December 31, 2023, for | ||
partners and shareholders of Subchapter S corporations, the | ||
provisions of Section 251 shall apply with respect to the | ||
credit under this subsection. | ||
The total aggregate amount of credits awarded under the | ||
Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not | ||
exceed $20,000,000 in any State fiscal year. | ||
This subsection (h-5) is exempt from the provisions of | ||
Section 250. | ||
(i) Credit for Personal Property Tax Replacement Income | ||
Tax. For tax years ending prior to December 31, 2003, a credit | ||
shall be allowed against the tax imposed by subsections (a) | ||
and (b) of this Section for the tax imposed by subsections (c) | ||
and (d) of this Section. This credit shall be computed by | ||
multiplying the tax imposed by subsections (c) and (d) of this | ||
Section by a fraction, the numerator of which is base income | ||
allocable to Illinois and the denominator of which is Illinois | ||
base income, and further multiplying the product by the tax | ||
rate imposed by subsections (a) and (b) of this Section. | ||
Any credit earned on or after December 31, 1986 under this |
subsection which is unused in the year the credit is computed | ||
because it exceeds the tax liability imposed by subsections | ||
(a) and (b) for that year (whether it exceeds the original | ||
liability or the liability as later amended) may be carried | ||
forward and applied to the tax liability imposed by | ||
subsections (a) and (b) of the 5 taxable years following the | ||
excess credit year, provided that no credit may be carried | ||
forward to any year ending on or after December 31, 2003. This | ||
credit shall be applied first to the earliest year for which | ||
there is a liability. If there is a credit under this | ||
subsection from more than one tax year that is available to | ||
offset a liability the earliest credit arising under this | ||
subsection shall be applied first. | ||
If, during any taxable year ending on or after December | ||
31, 1986, the tax imposed by subsections (c) and (d) of this | ||
Section for which a taxpayer has claimed a credit under this | ||
subsection (i) is reduced, the amount of credit for such tax | ||
shall also be reduced. Such reduction shall be determined by | ||
recomputing the credit to take into account the reduced tax | ||
imposed by subsections (c) and (d). If any portion of the | ||
reduced amount of credit has been carried to a different | ||
taxable year, an amended return shall be filed for such | ||
taxable year to reduce the amount of credit claimed. | ||
(j) Training expense credit. Beginning with tax years | ||
ending on or after December 31, 1986 and prior to December 31, | ||
2003, a taxpayer shall be allowed a credit against the tax |
imposed by subsections (a) and (b) under this Section for all | ||
amounts paid or accrued, on behalf of all persons employed by | ||
the taxpayer in Illinois or Illinois residents employed | ||
outside of Illinois by a taxpayer, for educational or | ||
vocational training in semi-technical or technical fields or | ||
semi-skilled or skilled fields, which were deducted from gross | ||
income in the computation of taxable income. The credit | ||
against the tax imposed by subsections (a) and (b) shall be | ||
1.6% of such training expenses. For partners, shareholders of | ||
subchapter S corporations, and owners of limited liability | ||
companies, if the liability company is treated as a | ||
partnership for purposes of federal and State income taxation, | ||
for taxable years ending before December 31, 2023, there shall | ||
be allowed a credit under this subsection (j) to be determined | ||
in accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 and | ||
subchapter S of the Internal Revenue Code. For taxable years | ||
ending on or after December 31, 2023, for partners and | ||
shareholders of Subchapter S corporations, the provisions of | ||
Section 251 shall apply with respect to the credit under this | ||
subsection. | ||
Any credit allowed under this subsection which is unused | ||
in the year the credit is earned may be carried forward to each | ||
of the 5 taxable years following the year for which the credit | ||
is first computed until it is used. This credit shall be | ||
applied first to the earliest year for which there is a |
liability. If there is a credit under this subsection from | ||
more than one tax year that is available to offset a liability, | ||
the earliest credit arising under this subsection shall be | ||
applied first. No carryforward credit may be claimed in any | ||
tax year ending on or after December 31, 2003. | ||
(k) Research and development credit. For tax years ending | ||
after July 1, 1990 and prior to December 31, 2003, and | ||
beginning again for tax years ending on or after December 31, | ||
2004, and ending prior to January 1, 2027, a taxpayer shall be | ||
allowed a credit against the tax imposed by subsections (a) | ||
and (b) of this Section for increasing research activities in | ||
this State. The credit allowed against the tax imposed by | ||
subsections (a) and (b) shall be equal to 6 1/2% of the | ||
qualifying expenditures for increasing research activities in | ||
this State. For partners, shareholders of subchapter S | ||
corporations, and owners of limited liability companies, if | ||
the liability company is treated as a partnership for purposes | ||
of federal and State income taxation, for taxable years ending | ||
before December 31, 2023, there shall be allowed a credit | ||
under this subsection to be determined in accordance with the | ||
determination of income and distributive share of income under | ||
Sections 702 and 704 and subchapter S of the Internal Revenue | ||
Code. For taxable years ending on or after December 31, 2023, | ||
for partners and shareholders of Subchapter S corporations, | ||
the provisions of Section 251 shall apply with respect to the | ||
credit under this subsection. |
For purposes of this subsection, "qualifying expenditures" | ||
means the qualifying expenditures as defined for the federal | ||
credit for increasing research activities which would be | ||
allowable under Section 41 of the Internal Revenue Code and | ||
which are conducted in this State, "qualifying expenditures | ||
for increasing research activities in this State" means the | ||
excess of qualifying expenditures for the taxable year in | ||
which incurred over qualifying expenditures for the base | ||
period, "qualifying expenditures for the base period" means | ||
the average of the qualifying expenditures for each year in | ||
the base period, and "base period" means the 3 taxable years | ||
immediately preceding the taxable year for which the | ||
determination is being made. | ||
Any credit in excess of the tax liability for the taxable | ||
year may be carried forward. A taxpayer may elect to have the | ||
unused credit shown on its final completed return carried over | ||
as a credit against the tax liability for the following 5 | ||
taxable years or until it has been fully used, whichever | ||
occurs first; provided that no credit earned in a tax year | ||
ending prior to December 31, 2003 may be carried forward to any | ||
year ending on or after December 31, 2003. | ||
If an unused credit is carried forward to a given year from | ||
2 or more earlier years, that credit arising in the earliest | ||
year will be applied first against the tax liability for the | ||
given year. If a tax liability for the given year still | ||
remains, the credit from the next earliest year will then be |
applied, and so on, until all credits have been used or no tax | ||
liability for the given year remains. Any remaining unused | ||
credit or credits then will be carried forward to the next | ||
following year in which a tax liability is incurred, except | ||
that no credit can be carried forward to a year which is more | ||
than 5 years after the year in which the expense for which the | ||
credit is given was incurred. | ||
No inference shall be drawn from Public Act 91-644 in | ||
construing this Section for taxable years beginning before | ||
January 1, 1999. | ||
It is the intent of the General Assembly that the research | ||
and development credit under this subsection (k) shall apply | ||
continuously for all tax years ending on or after December 31, | ||
2004 and ending prior to January 1, 2027, including, but not | ||
limited to, the period beginning on January 1, 2016 and ending | ||
on July 6, 2017 (the effective date of Public Act 100-22). All | ||
actions taken in reliance on the continuation of the credit | ||
under this subsection (k) by any taxpayer are hereby | ||
validated. | ||
(l) Environmental Remediation Tax Credit. | ||
(i) For tax years ending after December 31, 1997 and | ||
on or before December 31, 2001, a taxpayer shall be | ||
allowed a credit against the tax imposed by subsections | ||
(a) and (b) of this Section for certain amounts paid for | ||
unreimbursed eligible remediation costs, as specified in | ||
this subsection. For purposes of this Section, |
"unreimbursed eligible remediation costs" means costs | ||
approved by the Illinois Environmental Protection Agency | ||
("Agency") under Section 58.14 of the Environmental | ||
Protection Act that were paid in performing environmental | ||
remediation at a site for which a No Further Remediation | ||
Letter was issued by the Agency and recorded under Section | ||
58.10 of the Environmental Protection Act. The credit must | ||
be claimed for the taxable year in which Agency approval | ||
of the eligible remediation costs is granted. The credit | ||
is not available to any taxpayer if the taxpayer or any | ||
related party caused or contributed to, in any material | ||
respect, a release of regulated substances on, in, or | ||
under the site that was identified and addressed by the | ||
remedial action pursuant to the Site Remediation Program | ||
of the Environmental Protection Act. After the Pollution | ||
Control Board rules are adopted pursuant to the Illinois | ||
Administrative Procedure Act for the administration and | ||
enforcement of Section 58.9 of the Environmental | ||
Protection Act, determinations as to credit availability | ||
for purposes of this Section shall be made consistent with | ||
those rules. For purposes of this Section, "taxpayer" | ||
includes a person whose tax attributes the taxpayer has | ||
succeeded to under Section 381 of the Internal Revenue | ||
Code and "related party" includes the persons disallowed a | ||
deduction for losses by paragraphs (b), (c), and (f)(1) of | ||
Section 267 of the Internal Revenue Code by virtue of |
being a related taxpayer, as well as any of its partners. | ||
The credit allowed against the tax imposed by subsections | ||
(a) and (b) shall be equal to 25% of the unreimbursed | ||
eligible remediation costs in excess of $100,000 per site, | ||
except that the $100,000 threshold shall not apply to any | ||
site contained in an enterprise zone as determined by the | ||
Department of Commerce and Community Affairs (now | ||
Department of Commerce and Economic Opportunity). The | ||
total credit allowed shall not exceed $40,000 per year | ||
with a maximum total of $150,000 per site. For partners | ||
and shareholders of subchapter S corporations, there shall | ||
be allowed a credit under this subsection to be determined | ||
in accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 | ||
and subchapter S of the Internal Revenue Code. | ||
(ii) A credit allowed under this subsection that is | ||
unused in the year the credit is earned may be carried | ||
forward to each of the 5 taxable years following the year | ||
for which the credit is first earned until it is used. The | ||
term "unused credit" does not include any amounts of | ||
unreimbursed eligible remediation costs in excess of the | ||
maximum credit per site authorized under paragraph (i). | ||
This credit shall be applied first to the earliest year | ||
for which there is a liability. If there is a credit under | ||
this subsection from more than one tax year that is | ||
available to offset a liability, the earliest credit |
arising under this subsection shall be applied first. A | ||
credit allowed under this subsection may be sold to a | ||
buyer as part of a sale of all or part of the remediation | ||
site for which the credit was granted. The purchaser of a | ||
remediation site and the tax credit shall succeed to the | ||
unused credit and remaining carry-forward period of the | ||
seller. To perfect the transfer, the assignor shall record | ||
the transfer in the chain of title for the site and provide | ||
written notice to the Director of the Illinois Department | ||
of Revenue of the assignor's intent to sell the | ||
remediation site and the amount of the tax credit to be | ||
transferred as a portion of the sale. In no event may a | ||
credit be transferred to any taxpayer if the taxpayer or a | ||
related party would not be eligible under the provisions | ||
of subsection (i). | ||
(iii) For purposes of this Section, the term "site" | ||
shall have the same meaning as under Section 58.2 of the | ||
Environmental Protection Act. | ||
(m) Education expense credit. Beginning with tax years | ||
ending after December 31, 1999, a taxpayer who is the | ||
custodian of one or more qualifying pupils shall be allowed a | ||
credit against the tax imposed by subsections (a) and (b) of | ||
this Section for qualified education expenses incurred on | ||
behalf of the qualifying pupils. The credit shall be equal to | ||
25% of qualified education expenses, but in no event may the | ||
total credit under this subsection claimed by a family that is |
the custodian of qualifying pupils exceed (i) $500 for tax | ||
years ending prior to December 31, 2017, and (ii) $750 for tax | ||
years ending on or after December 31, 2017. In no event shall a | ||
credit under this subsection reduce the taxpayer's liability | ||
under this Act to less than zero. Notwithstanding any other | ||
provision of law, for taxable years beginning on or after | ||
January 1, 2017, no taxpayer may claim a credit under this | ||
subsection (m) if the taxpayer's adjusted gross income for the | ||
taxable year exceeds (i) $500,000, in the case of spouses | ||
filing a joint federal tax return or (ii) $250,000, in the case | ||
of all other taxpayers. This subsection is exempt from the | ||
provisions of Section 250 of this Act. | ||
For purposes of this subsection: | ||
"Qualifying pupils" means individuals who (i) are | ||
residents of the State of Illinois, (ii) are under the age of | ||
21 at the close of the school year for which a credit is | ||
sought, and (iii) during the school year for which a credit is | ||
sought were full-time pupils enrolled in a kindergarten | ||
through twelfth grade education program at any school, as | ||
defined in this subsection. | ||
"Qualified education expense" means the amount incurred on | ||
behalf of a qualifying pupil in excess of $250 for tuition, | ||
book fees, and lab fees at the school in which the pupil is | ||
enrolled during the regular school year. | ||
"School" means any public or nonpublic elementary or | ||
secondary school in Illinois that is in compliance with Title |
VI of the Civil Rights Act of 1964 and attendance at which | ||
satisfies the requirements of Section 26-1 of the School Code, | ||
except that nothing shall be construed to require a child to | ||
attend any particular public or nonpublic school to qualify | ||
for the credit under this Section. | ||
"Custodian" means, with respect to qualifying pupils, an | ||
Illinois resident who is a parent, the parents, a legal | ||
guardian, or the legal guardians of the qualifying pupils. | ||
(n) River Edge Redevelopment Zone site remediation tax | ||
credit. | ||
(i) For tax years ending on or after December 31, | ||
2006, a taxpayer shall be allowed a credit against the tax | ||
imposed by subsections (a) and (b) of this Section for | ||
certain amounts paid for unreimbursed eligible remediation | ||
costs, as specified in this subsection. For purposes of | ||
this Section, "unreimbursed eligible remediation costs" | ||
means costs approved by the Illinois Environmental | ||
Protection Agency ("Agency") under Section 58.14a of the | ||
Environmental Protection Act that were paid in performing | ||
environmental remediation at a site within a River Edge | ||
Redevelopment Zone for which a No Further Remediation | ||
Letter was issued by the Agency and recorded under Section | ||
58.10 of the Environmental Protection Act. The credit must | ||
be claimed for the taxable year in which Agency approval | ||
of the eligible remediation costs is granted. The credit | ||
is not available to any taxpayer if the taxpayer or any |
related party caused or contributed to, in any material | ||
respect, a release of regulated substances on, in, or | ||
under the site that was identified and addressed by the | ||
remedial action pursuant to the Site Remediation Program | ||
of the Environmental Protection Act. Determinations as to | ||
credit availability for purposes of this Section shall be | ||
made consistent with rules adopted by the Pollution | ||
Control Board pursuant to the Illinois Administrative | ||
Procedure Act for the administration and enforcement of | ||
Section 58.9 of the Environmental Protection Act. For | ||
purposes of this Section, "taxpayer" includes a person | ||
whose tax attributes the taxpayer has succeeded to under | ||
Section 381 of the Internal Revenue Code and "related | ||
party" includes the persons disallowed a deduction for | ||
losses by paragraphs (b), (c), and (f)(1) of Section 267 | ||
of the Internal Revenue Code by virtue of being a related | ||
taxpayer, as well as any of its partners. The credit | ||
allowed against the tax imposed by subsections (a) and (b) | ||
shall be equal to 25% of the unreimbursed eligible | ||
remediation costs in excess of $100,000 per site. | ||
(ii) A credit allowed under this subsection that is | ||
unused in the year the credit is earned may be carried | ||
forward to each of the 5 taxable years following the year | ||
for which the credit is first earned until it is used. This | ||
credit shall be applied first to the earliest year for | ||
which there is a liability. If there is a credit under this |
subsection from more than one tax year that is available | ||
to offset a liability, the earliest credit arising under | ||
this subsection shall be applied first. A credit allowed | ||
under this subsection may be sold to a buyer as part of a | ||
sale of all or part of the remediation site for which the | ||
credit was granted. The purchaser of a remediation site | ||
and the tax credit shall succeed to the unused credit and | ||
remaining carry-forward period of the seller. To perfect | ||
the transfer, the assignor shall record the transfer in | ||
the chain of title for the site and provide written notice | ||
to the Director of the Illinois Department of Revenue of | ||
the assignor's intent to sell the remediation site and the | ||
amount of the tax credit to be transferred as a portion of | ||
the sale. In no event may a credit be transferred to any | ||
taxpayer if the taxpayer or a related party would not be | ||
eligible under the provisions of subsection (i). | ||
(iii) For purposes of this Section, the term "site" | ||
shall have the same meaning as under Section 58.2 of the | ||
Environmental Protection Act. | ||
(o) For each of taxable years during the Compassionate Use | ||
of Medical Cannabis Program, a surcharge is imposed on all | ||
taxpayers on income arising from the sale or exchange of | ||
capital assets, depreciable business property, real property | ||
used in the trade or business, and Section 197 intangibles of | ||
an organization registrant under the Compassionate Use of | ||
Medical Cannabis Program Act. The amount of the surcharge is |
equal to the amount of federal income tax liability for the | ||
taxable year attributable to those sales and exchanges. The | ||
surcharge imposed does not apply if: | ||
(1) the medical cannabis cultivation center | ||
registration, medical cannabis dispensary registration, or | ||
the property of a registration is transferred as a result | ||
of any of the following: | ||
(A) bankruptcy, a receivership, or a debt | ||
adjustment initiated by or against the initial | ||
registration or the substantial owners of the initial | ||
registration; | ||
(B) cancellation, revocation, or termination of | ||
any registration by the Illinois Department of Public | ||
Health; | ||
(C) a determination by the Illinois Department of | ||
Public Health that transfer of the registration is in | ||
the best interests of Illinois qualifying patients as | ||
defined by the Compassionate Use of Medical Cannabis | ||
Program Act; | ||
(D) the death of an owner of the equity interest in | ||
a registrant; | ||
(E) the acquisition of a controlling interest in | ||
the stock or substantially all of the assets of a | ||
publicly traded company; | ||
(F) a transfer by a parent company to a wholly | ||
owned subsidiary; or |
(G) the transfer or sale to or by one person to | ||
another person where both persons were initial owners | ||
of the registration when the registration was issued; | ||
or | ||
(2) the cannabis cultivation center registration, | ||
medical cannabis dispensary registration, or the | ||
controlling interest in a registrant's property is | ||
transferred in a transaction to lineal descendants in | ||
which no gain or loss is recognized or as a result of a | ||
transaction in accordance with Section 351 of the Internal | ||
Revenue Code in which no gain or loss is recognized. | ||
(p) Pass-through entity tax. | ||
(1) For taxable years ending on or after December 31, | ||
2021 and beginning prior to January 1, 2026, a partnership | ||
(other than a publicly traded partnership under Section | ||
7704 of the Internal Revenue Code) or Subchapter S | ||
corporation may elect to apply the provisions of this | ||
subsection. A separate election shall be made for each | ||
taxable year. Such election shall be made at such time, | ||
and in such form and manner as prescribed by the | ||
Department, and, once made, is irrevocable. | ||
(2) Entity-level tax. A partnership or Subchapter S | ||
corporation electing to apply the provisions of this | ||
subsection shall be subject to a tax for the privilege of | ||
earning or receiving income in this State in an amount | ||
equal to 4.95% of the taxpayer's net income for the |
taxable year. | ||
(3) Net income defined. | ||
(A) In general. For purposes of paragraph (2), the | ||
term net income has the same meaning as defined in | ||
Section 202 of this Act, except that, for tax years | ||
ending on or after December 31, 2023, a deduction | ||
shall be allowed in computing base income for | ||
distributions to a retired partner to the extent that | ||
the partner's distributions are exempt from tax under | ||
Section 203(a)(2)(F) of this Act. In addition, the | ||
following modifications shall not apply: | ||
(i) the standard exemption allowed under | ||
Section 204; | ||
(ii) the deduction for net losses allowed | ||
under Section 207; | ||
(iii) in the case of an S corporation, the | ||
modification under Section 203(b)(2)(S); and | ||
(iv) in the case of a partnership, the | ||
modifications under Section 203(d)(2)(H) and | ||
Section 203(d)(2)(I). | ||
(B) Special rule for tiered partnerships. If a | ||
taxpayer making the election under paragraph (1) is a | ||
partner of another taxpayer making the election under | ||
paragraph (1), net income shall be computed as | ||
provided in subparagraph (A), except that the taxpayer | ||
shall subtract its distributive share of the net |
income of the electing partnership (including its | ||
distributive share of the net income of the electing | ||
partnership derived as a distributive share from | ||
electing partnerships in which it is a partner). | ||
(4) Credit for entity level tax. Each partner or | ||
shareholder of a taxpayer making the election under this | ||
Section shall be allowed a credit against the tax imposed | ||
under subsections (a) and (b) of Section 201 of this Act | ||
for the taxable year of the partnership or Subchapter S | ||
corporation for which an election is in effect ending | ||
within or with the taxable year of the partner or | ||
shareholder in an amount equal to 4.95% times the partner | ||
or shareholder's distributive share of the net income of | ||
the electing partnership or Subchapter S corporation, but | ||
not to exceed the partner's or shareholder's share of the | ||
tax imposed under paragraph (1) which is actually paid by | ||
the partnership or Subchapter S corporation. If the | ||
taxpayer is a partnership or Subchapter S corporation that | ||
is itself a partner of a partnership making the election | ||
under paragraph (1), the credit under this paragraph shall | ||
be allowed to the taxpayer's partners or shareholders (or | ||
if the partner is a partnership or Subchapter S | ||
corporation then its partners or shareholders) in | ||
accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 | ||
and Subchapter S of the Internal Revenue Code. If the |
amount of the credit allowed under this paragraph exceeds | ||
the partner's or shareholder's liability for tax imposed | ||
under subsections (a) and (b) of Section 201 of this Act | ||
for the taxable year, such excess shall be treated as an | ||
overpayment for purposes of Section 909 of this Act. | ||
(5) Nonresidents. A nonresident individual who is a | ||
partner or shareholder of a partnership or Subchapter S | ||
corporation for a taxable year for which an election is in | ||
effect under paragraph (1) shall not be required to file | ||
an income tax return under this Act for such taxable year | ||
if the only source of net income of the individual (or the | ||
individual and the individual's spouse in the case of a | ||
joint return) is from an entity making the election under | ||
paragraph (1) and the credit allowed to the partner or | ||
shareholder under paragraph (4) equals or exceeds the | ||
individual's liability for the tax imposed under | ||
subsections (a) and (b) of Section 201 of this Act for the | ||
taxable year. | ||
(6) Liability for tax. Except as provided in this | ||
paragraph, a partnership or Subchapter S making the | ||
election under paragraph (1) is liable for the | ||
entity-level tax imposed under paragraph (2). If the | ||
electing partnership or corporation fails to pay the full | ||
amount of tax deemed assessed under paragraph (2), the | ||
partners or shareholders shall be liable to pay the tax | ||
assessed (including penalties and interest). Each partner |
or shareholder shall be liable for the unpaid assessment | ||
based on the ratio of the partner's or shareholder's share | ||
of the net income of the partnership over the total net | ||
income of the partnership. If the partnership or | ||
Subchapter S corporation fails to pay the tax assessed | ||
(including penalties and interest) and thereafter an | ||
amount of such tax is paid by the partners or | ||
shareholders, such amount shall not be collected from the | ||
partnership or corporation. | ||
(7) Foreign tax. For purposes of the credit allowed | ||
under Section 601(b)(3) of this Act, tax paid by a | ||
partnership or Subchapter S corporation to another state | ||
which, as determined by the Department, is substantially | ||
similar to the tax imposed under this subsection, shall be | ||
considered tax paid by the partner or shareholder to the | ||
extent that the partner's or shareholder's share of the | ||
income of the partnership or Subchapter S corporation | ||
allocated and apportioned to such other state bears to the | ||
total income of the partnership or Subchapter S | ||
corporation allocated or apportioned to such other state. | ||
(8) Suspension of withholding. The provisions of | ||
Section 709.5 of this Act shall not apply to a partnership | ||
or Subchapter S corporation for the taxable year for which | ||
an election under paragraph (1) is in effect. | ||
(9) Requirement to pay estimated tax. For each taxable | ||
year for which an election under paragraph (1) is in |
effect, a partnership or Subchapter S corporation is | ||
required to pay estimated tax for such taxable year under | ||
Sections 803 and 804 of this Act if the amount payable as | ||
estimated tax can reasonably be expected to exceed $500. | ||
(10) The provisions of this subsection shall apply | ||
only with respect to taxable years for which the | ||
limitation on individual deductions applies under Section | ||
164(b)(6) of the Internal Revenue Code. | ||
(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21; | ||
103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.) | ||
(35 ILCS 5/203) | ||
Sec. 203. Base income defined. | ||
(a) Individuals. | ||
(1) In general. In the case of an individual, base | ||
income means an amount equal to the taxpayer's adjusted | ||
gross income for the taxable year as modified by paragraph | ||
(2). | ||
(2) Modifications. The adjusted gross income referred | ||
to in paragraph (1) shall be modified by adding thereto | ||
the sum of the following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer as interest or dividends during the | ||
taxable year to the extent excluded from gross income | ||
in the computation of adjusted gross income, except | ||
stock dividends of qualified public utilities |
described in Section 305(e) of the Internal Revenue | ||
Code; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the extent deducted from gross income in | ||
the computation of adjusted gross income for the | ||
taxable year; | ||
(C) An amount equal to the amount received during | ||
the taxable year as a recovery or refund of real | ||
property taxes paid with respect to the taxpayer's | ||
principal residence under the Revenue Act of 1939 and | ||
for which a deduction was previously taken under | ||
subparagraph (L) of this paragraph (2) prior to July | ||
1, 1991, the retrospective application date of Article | ||
4 of Public Act 87-17. In the case of multi-unit or | ||
multi-use structures and farm dwellings, the taxes on | ||
the taxpayer's principal residence shall be that | ||
portion of the total taxes for the entire property | ||
which is attributable to such principal residence; | ||
(D) An amount equal to the amount of the capital | ||
gain deduction allowable under the Internal Revenue | ||
Code, to the extent deducted from gross income in the | ||
computation of adjusted gross income; | ||
(D-5) An amount, to the extent not included in | ||
adjusted gross income, equal to the amount of money | ||
withdrawn by the taxpayer in the taxable year from a | ||
medical care savings account and the interest earned |
on the account in the taxable year of a withdrawal | ||
pursuant to subsection (b) of Section 20 of the | ||
Medical Care Savings Account Act or subsection (b) of | ||
Section 20 of the Medical Care Savings Account Act of | ||
2000; | ||
(D-10) For taxable years ending after December 31, | ||
1997, an amount equal to any eligible remediation | ||
costs that the individual deducted in computing | ||
adjusted gross income and for which the individual | ||
claims a credit under subsection (l) of Section 201; | ||
(D-15) For taxable years 2001 and thereafter, an | ||
amount equal to the bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(D-16) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to make an | ||
addition modification under subparagraph (D-15), then | ||
an amount equal to the aggregate amount of the | ||
deductions taken in all taxable years under | ||
subparagraph (Z) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (Z) and for which the taxpayer was |
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (Z), then an amount | ||
equal to that subtraction modification. | ||
The taxpayer is required to make the addition | ||
modification under this subparagraph only once with | ||
respect to any one piece of property; | ||
(D-17) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact that foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the |
taxpayer's unitary business group (including amounts | ||
included in gross income under Sections 951 through | ||
964 of the Internal Revenue Code and amounts included | ||
in gross income under Section 78 of the Internal | ||
Revenue Code) with respect to the stock of the same | ||
person to whom the interest was paid, accrued, or | ||
incurred. | ||
This paragraph shall not apply to the following: | ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid |
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or | ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or | ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f). | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; |
(D-18) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income under Sections 951 through 964 of the Internal | ||
Revenue Code and amounts included in gross income | ||
under Section 78 of the Internal Revenue Code) with | ||
respect to the stock of the same person to whom the |
intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence does not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(a)(2)(D-17) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes (1) expenses, | ||
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or | ||
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs. For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income |
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f); |
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(D-19) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under |
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||
Act; | ||
(D-20) For taxable years beginning on or after | ||
January 1, 2002 and ending on or before December 31, | ||
2006, in the case of a distribution from a qualified | ||
tuition program under Section 529 of the Internal | ||
Revenue Code, other than (i) a distribution from a | ||
College Savings Pool created under Section 16.5 of the | ||
State Treasurer Act or (ii) a distribution from the | ||
Illinois Prepaid Tuition Trust Fund, an amount equal | ||
to the amount excluded from gross income under Section | ||
529(c)(3)(B). For taxable years beginning on or after | ||
January 1, 2007, in the case of a distribution from a | ||
qualified tuition program under Section 529 of the | ||
Internal Revenue Code, other than (i) a distribution | ||
from a College Savings Pool created under Section 16.5 | ||
of the State Treasurer Act, (ii) a distribution from | ||
the Illinois Prepaid Tuition Trust Fund, or (iii) a |
distribution from a qualified tuition program under | ||
Section 529 of the Internal Revenue Code that (I) | ||
adopts and determines that its offering materials | ||
comply with the College Savings Plans Network's | ||
disclosure principles and (II) has made reasonable | ||
efforts to inform in-state residents of the existence | ||
of in-state qualified tuition programs by informing | ||
Illinois residents directly and, where applicable, to | ||
inform financial intermediaries distributing the | ||
program to inform in-state residents of the existence | ||
of in-state qualified tuition programs at least | ||
annually, an amount equal to the amount excluded from | ||
gross income under Section 529(c)(3)(B). | ||
For the purposes of this subparagraph (D-20), a | ||
qualified tuition program has made reasonable efforts | ||
if it makes disclosures (which may use the term | ||
"in-state program" or "in-state plan" and need not | ||
specifically refer to Illinois or its qualified | ||
programs by name) (i) directly to prospective | ||
participants in its offering materials or makes a | ||
public disclosure, such as a website posting; and (ii) | ||
where applicable, to intermediaries selling the | ||
out-of-state program in the same manner that the | ||
out-of-state program distributes its offering | ||
materials; | ||
(D-20.5) For taxable years beginning on or after |
January 1, 2018, in the case of a distribution from a | ||
qualified ABLE program under Section 529A of the | ||
Internal Revenue Code, other than a distribution from | ||
a qualified ABLE program created under Section 16.6 of | ||
the State Treasurer Act, an amount equal to the amount | ||
excluded from gross income under Section 529A(c)(1)(B) | ||
of the Internal Revenue Code; | ||
(D-21) For taxable years beginning on or after | ||
January 1, 2007, in the case of transfer of moneys from | ||
a qualified tuition program under Section 529 of the | ||
Internal Revenue Code that is administered by the | ||
State to an out-of-state program, an amount equal to | ||
the amount of moneys previously deducted from base | ||
income under subsection (a)(2)(Y) of this Section; | ||
(D-21.5) For taxable years beginning on or after | ||
January 1, 2018, in the case of the transfer of moneys | ||
from a qualified tuition program under Section 529 or | ||
a qualified ABLE program under Section 529A of the | ||
Internal Revenue Code that is administered by this | ||
State to an ABLE account established under an | ||
out-of-state ABLE account program, an amount equal to | ||
the contribution component of the transferred amount | ||
that was previously deducted from base income under | ||
subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||
Section; | ||
(D-22) For taxable years beginning on or after |
January 1, 2009, and prior to January 1, 2018, in the | ||
case of a nonqualified withdrawal or refund of moneys | ||
from a qualified tuition program under Section 529 of | ||
the Internal Revenue Code administered by the State | ||
that is not used for qualified expenses at an eligible | ||
education institution, an amount equal to the | ||
contribution component of the nonqualified withdrawal | ||
or refund that was previously deducted from base | ||
income under subsection (a)(2)(y) of this Section, | ||
provided that the withdrawal or refund did not result | ||
from the beneficiary's death or disability. For | ||
taxable years beginning on or after January 1, 2018: | ||
(1) in the case of a nonqualified withdrawal or | ||
refund, as defined under Section 16.5 of the State | ||
Treasurer Act, of moneys from a qualified tuition | ||
program under Section 529 of the Internal Revenue Code | ||
administered by the State, an amount equal to the | ||
contribution component of the nonqualified withdrawal | ||
or refund that was previously deducted from base | ||
income under subsection (a)(2)(Y) of this Section, and | ||
(2) in the case of a nonqualified withdrawal or refund | ||
from a qualified ABLE program under Section 529A of | ||
the Internal Revenue Code administered by the State | ||
that is not used for qualified disability expenses, an | ||
amount equal to the contribution component of the | ||
nonqualified withdrawal or refund that was previously |
deducted from base income under subsection (a)(2)(HH) | ||
of this Section; | ||
(D-23) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(D-24) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
(D-25) In the case of a resident, an amount equal | ||
to the amount of tax for which a credit is allowed | ||
pursuant to Section 201(p)(7) of this Act; | ||
and by deducting from the total so obtained the sum of the | ||
following amounts: | ||
(E) For taxable years ending before December 31, | ||
2001, any amount included in such total in respect of | ||
any compensation (including but not limited to any | ||
compensation paid or accrued to a serviceman while a | ||
prisoner of war or missing in action) paid to a | ||
resident by reason of being on active duty in the Armed | ||
Forces of the United States and in respect of any | ||
compensation paid or accrued to a resident who as a | ||
governmental employee was a prisoner of war or missing | ||
in action, and in respect of any compensation paid to a | ||
resident in 1971 or thereafter for annual training |
performed pursuant to Sections 502 and 503, Title 32, | ||
United States Code as a member of the Illinois | ||
National Guard or, beginning with taxable years ending | ||
on or after December 31, 2007, the National Guard of | ||
any other state. For taxable years ending on or after | ||
December 31, 2001, any amount included in such total | ||
in respect of any compensation (including but not | ||
limited to any compensation paid or accrued to a | ||
serviceman while a prisoner of war or missing in | ||
action) paid to a resident by reason of being a member | ||
of any component of the Armed Forces of the United | ||
States and in respect of any compensation paid or | ||
accrued to a resident who as a governmental employee | ||
was a prisoner of war or missing in action, and in | ||
respect of any compensation paid to a resident in 2001 | ||
or thereafter by reason of being a member of the | ||
Illinois National Guard or, beginning with taxable | ||
years ending on or after December 31, 2007, the | ||
National Guard of any other state. The provisions of | ||
this subparagraph (E) are exempt from the provisions | ||
of Section 250; | ||
(F) An amount equal to all amounts included in | ||
such total pursuant to the provisions of Sections | ||
402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and | ||
408 of the Internal Revenue Code, or included in such | ||
total as distributions under the provisions of any |
retirement or disability plan for employees of any | ||
governmental agency or unit, or retirement payments to | ||
retired partners, which payments are excluded in | ||
computing net earnings from self employment by Section | ||
1402 of the Internal Revenue Code and regulations | ||
adopted pursuant thereto; | ||
(G) The valuation limitation amount; | ||
(H) An amount equal to the amount of any tax | ||
imposed by this Act which was refunded to the taxpayer | ||
and included in such total for the taxable year; | ||
(I) An amount equal to all amounts included in | ||
such total pursuant to the provisions of Section 111 | ||
of the Internal Revenue Code as a recovery of items | ||
previously deducted from adjusted gross income in the | ||
computation of taxable income; | ||
(J) An amount equal to those dividends included in | ||
such total which were paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act, and conducts | ||
substantially all of its operations in a River Edge | ||
Redevelopment Zone or zones. This subparagraph (J) is | ||
exempt from the provisions of Section 250; | ||
(K) An amount equal to those dividends included in | ||
such total that were paid by a corporation that | ||
conducts business operations in a federally designated |
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact Business located in Illinois; provided | ||
that dividends eligible for the deduction provided in | ||
subparagraph (J) of paragraph (2) of this subsection | ||
shall not be eligible for the deduction provided under | ||
this subparagraph (K); | ||
(L) For taxable years ending after December 31, | ||
1983, an amount equal to all social security benefits | ||
and railroad retirement benefits included in such | ||
total pursuant to Sections 72(r) and 86 of the | ||
Internal Revenue Code; | ||
(M) With the exception of any amounts subtracted | ||
under subparagraph (N), an amount equal to the sum of | ||
all amounts disallowed as deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||
and all amounts of expenses allocable to interest and | ||
disallowed as deductions by Section 265(a)(1) of the | ||
Internal Revenue Code; and (ii) for taxable years | ||
ending on or after August 13, 1999, Sections | ||
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, for taxable years ending | ||
on or after December 31, 2011, Section 45G(e)(3) of | ||
the Internal Revenue Code and, for taxable years | ||
ending on or after December 31, 2008, any amount | ||
included in gross income under Section 87 of the | ||
Internal Revenue Code; the provisions of this |
subparagraph are exempt from the provisions of Section | ||
250; | ||
(N) An amount equal to all amounts included in | ||
such total which are exempt from taxation by this | ||
State either by reason of its statutes or Constitution | ||
or by reason of the Constitution, treaties or statutes | ||
of the United States; provided that, in the case of any | ||
statute of this State that exempts income derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act, the amount exempted shall be the interest | ||
net of bond premium amortization; | ||
(O) An amount equal to any contribution made to a | ||
job training project established pursuant to the Tax | ||
Increment Allocation Redevelopment Act; | ||
(P) An amount equal to the amount of the deduction | ||
used to compute the federal income tax credit for | ||
restoration of substantial amounts held under claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the Internal Revenue Code or of any itemized deduction | ||
taken from adjusted gross income in the computation of | ||
taxable income for restoration of substantial amounts | ||
held under claim of right for the taxable year; | ||
(Q) An amount equal to any amounts included in | ||
such total, received by the taxpayer as an | ||
acceleration in the payment of life, endowment or | ||
annuity benefits in advance of the time they would |
otherwise be payable as an indemnity for a terminal | ||
illness; | ||
(R) An amount equal to the amount of any federal or | ||
State bonus paid to veterans of the Persian Gulf War; | ||
(S) An amount, to the extent included in adjusted | ||
gross income, equal to the amount of a contribution | ||
made in the taxable year on behalf of the taxpayer to a | ||
medical care savings account established under the | ||
Medical Care Savings Account Act or the Medical Care | ||
Savings Account Act of 2000 to the extent the | ||
contribution is accepted by the account administrator | ||
as provided in that Act; | ||
(T) An amount, to the extent included in adjusted | ||
gross income, equal to the amount of interest earned | ||
in the taxable year on a medical care savings account | ||
established under the Medical Care Savings Account Act | ||
or the Medical Care Savings Account Act of 2000 on | ||
behalf of the taxpayer, other than interest added | ||
pursuant to item (D-5) of this paragraph (2); | ||
(U) For one taxable year beginning on or after | ||
January 1, 1994, an amount equal to the total amount of | ||
tax imposed and paid under subsections (a) and (b) of | ||
Section 201 of this Act on grant amounts received by | ||
the taxpayer under the Nursing Home Grant Assistance | ||
Act during the taxpayer's taxable years 1992 and 1993; | ||
(V) Beginning with tax years ending on or after |
December 31, 1995 and ending with tax years ending on | ||
or before December 31, 2004, an amount equal to the | ||
amount paid by a taxpayer who is a self-employed | ||
taxpayer, a partner of a partnership, or a shareholder | ||
in a Subchapter S corporation for health insurance or | ||
long-term care insurance for that taxpayer or that | ||
taxpayer's spouse or dependents, to the extent that | ||
the amount paid for that health insurance or long-term | ||
care insurance may be deducted under Section 213 of | ||
the Internal Revenue Code, has not been deducted on | ||
the federal income tax return of the taxpayer, and | ||
does not exceed the taxable income attributable to | ||
that taxpayer's income, self-employment income, or | ||
Subchapter S corporation income; except that no | ||
deduction shall be allowed under this item (V) if the | ||
taxpayer is eligible to participate in any health | ||
insurance or long-term care insurance plan of an | ||
employer of the taxpayer or the taxpayer's spouse. The | ||
amount of the health insurance and long-term care | ||
insurance subtracted under this item (V) shall be | ||
determined by multiplying total health insurance and | ||
long-term care insurance premiums paid by the taxpayer | ||
times a number that represents the fractional | ||
percentage of eligible medical expenses under Section | ||
213 of the Internal Revenue Code of 1986 not actually | ||
deducted on the taxpayer's federal income tax return; |
(W) For taxable years beginning on or after | ||
January 1, 1998, all amounts included in the | ||
taxpayer's federal gross income in the taxable year | ||
from amounts converted from a regular IRA to a Roth | ||
IRA. This paragraph is exempt from the provisions of | ||
Section 250; | ||
(X) For taxable year 1999 and thereafter, an | ||
amount equal to the amount of any (i) distributions, | ||
to the extent includible in gross income for federal | ||
income tax purposes, made to the taxpayer because of | ||
his or her status as a victim of persecution for racial | ||
or religious reasons by Nazi Germany or any other Axis | ||
regime or as an heir of the victim and (ii) items of | ||
income, to the extent includible in gross income for | ||
federal income tax purposes, attributable to, derived | ||
from or in any way related to assets stolen from, | ||
hidden from, or otherwise lost to a victim of | ||
persecution for racial or religious reasons by Nazi | ||
Germany or any other Axis regime immediately prior to, | ||
during, and immediately after World War II, including, | ||
but not limited to, interest on the proceeds | ||
receivable as insurance under policies issued to a | ||
victim of persecution for racial or religious reasons | ||
by Nazi Germany or any other Axis regime by European | ||
insurance companies immediately prior to and during | ||
World War II; provided, however, this subtraction from |
federal adjusted gross income does not apply to assets | ||
acquired with such assets or with the proceeds from | ||
the sale of such assets; provided, further, this | ||
paragraph shall only apply to a taxpayer who was the | ||
first recipient of such assets after their recovery | ||
and who is a victim of persecution for racial or | ||
religious reasons by Nazi Germany or any other Axis | ||
regime or as an heir of the victim. The amount of and | ||
the eligibility for any public assistance, benefit, or | ||
similar entitlement is not affected by the inclusion | ||
of items (i) and (ii) of this paragraph in gross income | ||
for federal income tax purposes. This paragraph is | ||
exempt from the provisions of Section 250; | ||
(Y) For taxable years beginning on or after | ||
January 1, 2002 and ending on or before December 31, | ||
2004, moneys contributed in the taxable year to a | ||
College Savings Pool account under Section 16.5 of the | ||
State Treasurer Act, except that amounts excluded from | ||
gross income under Section 529(c)(3)(C)(i) of the | ||
Internal Revenue Code shall not be considered moneys | ||
contributed under this subparagraph (Y). For taxable | ||
years beginning on or after January 1, 2005, a maximum | ||
of $10,000 contributed in the taxable year to (i) a | ||
College Savings Pool account under Section 16.5 of the | ||
State Treasurer Act or (ii) the Illinois Prepaid | ||
Tuition Trust Fund, except that amounts excluded from |
gross income under Section 529(c)(3)(C)(i) of the | ||
Internal Revenue Code shall not be considered moneys | ||
contributed under this subparagraph (Y). For purposes | ||
of this subparagraph, contributions made by an | ||
employer on behalf of an employee, or matching | ||
contributions made by an employee, shall be treated as | ||
made by the employee. This subparagraph (Y) is exempt | ||
from the provisions of Section 250; | ||
(Z) For taxable years 2001 and thereafter, for the | ||
taxable year in which the bonus depreciation deduction | ||
is taken on the taxpayer's federal income tax return | ||
under subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the taxable year on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus depreciation deduction was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y" multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December |
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y" multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and |
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1-bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable years for any one piece of | ||
property may not exceed the amount of the bonus | ||
depreciation deduction taken on that property on the | ||
taxpayer's federal income tax return under subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (Z) is exempt from the provisions of | ||
Section 250; | ||
(AA) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to make an | ||
addition modification under subparagraph (D-15), then | ||
an amount equal to that addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (Z) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (D-15), then an amount | ||
equal to that addition modification. | ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph only once with respect to any | ||
one piece of property. |
This subparagraph (AA) is exempt from the | ||
provisions of Section 250; | ||
(BB) Any amount included in adjusted gross income, | ||
other than salary, received by a driver in a | ||
ridesharing arrangement using a motor vehicle; | ||
(CC) The amount of (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of that addition modification, and (ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of that | ||
addition modification. This subparagraph (CC) is | ||
exempt from the provisions of Section 250; | ||
(DD) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a |
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(a)(2)(D-17) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. | ||
This subparagraph (DD) is exempt from the provisions | ||
of Section 250; | ||
(EE) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to |
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(a)(2)(D-18) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (EE) is | ||
exempt from the provisions of Section 250; | ||
(FF) An amount equal to any amount awarded to the | ||
taxpayer during the taxable year by the Court of | ||
Claims under subsection (c) of Section 8 of the Court | ||
of Claims Act for time unjustly served in a State | ||
prison. This subparagraph (FF) is exempt from the | ||
provisions of Section 250; | ||
(GG) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(a)(2)(D-19), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a |
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(GG), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (GG). This | ||
subparagraph (GG) is exempt from the provisions of | ||
Section 250; | ||
(HH) For taxable years beginning on or after | ||
January 1, 2018 and prior to January 1, 2028, a maximum | ||
of $10,000 contributed in the taxable year to a | ||
qualified ABLE account under Section 16.6 of the State | ||
Treasurer Act, except that amounts excluded from gross | ||
income under Section 529(c)(3)(C)(i) or Section | ||
529A(c)(1)(C) of the Internal Revenue Code shall not | ||
be considered moneys contributed under this | ||
subparagraph (HH). For purposes of this subparagraph | ||
(HH), contributions made by an employer on behalf of | ||
an employee, or matching contributions made by an | ||
employee, shall be treated as made by the employee; | ||
(II) For taxable years that begin on or after | ||
January 1, 2021 and begin before January 1, 2026, the | ||
amount that is included in the taxpayer's federal | ||
adjusted gross income pursuant to Section 61 of the | ||
Internal Revenue Code as discharge of indebtedness | ||
attributable to student loan forgiveness and that is |
not excluded from the taxpayer's federal adjusted | ||
gross income pursuant to paragraph (5) of subsection | ||
(f) of Section 108 of the Internal Revenue Code; and | ||
(JJ) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (JJ) are exempt from the provisions | ||
of Section 250 ; and . | ||
(KK) (JJ) To the extent includible in gross income | ||
for federal income tax purposes, any amount awarded or | ||
paid to the taxpayer as a result of a judgment or | ||
settlement for fertility fraud as provided in Section | ||
15 of the Illinois Fertility Fraud Act, donor | ||
fertility fraud as provided in Section 20 of the | ||
Illinois Fertility Fraud Act, or similar action in | ||
another state. | ||
(b) Corporations. |
(1) In general. In the case of a corporation, base | ||
income means an amount equal to the taxpayer's taxable | ||
income for the taxable year as modified by paragraph (2). | ||
(2) Modifications. The taxable income referred to in | ||
paragraph (1) shall be modified by adding thereto the sum | ||
of the following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer as interest and all distributions | ||
received from regulated investment companies during | ||
the taxable year to the extent excluded from gross | ||
income in the computation of taxable income; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the extent deducted from gross income in | ||
the computation of taxable income for the taxable | ||
year; | ||
(C) In the case of a regulated investment company, | ||
an amount equal to the excess of (i) the net long-term | ||
capital gain for the taxable year, over (ii) the | ||
amount of the capital gain dividends designated as | ||
such in accordance with Section 852(b)(3)(C) of the | ||
Internal Revenue Code and any amount designated under | ||
Section 852(b)(3)(D) of the Internal Revenue Code, | ||
attributable to the taxable year (this amendatory Act | ||
of 1995 (Public Act 89-89) is declarative of existing | ||
law and is not a new enactment); | ||
(D) The amount of any net operating loss deduction |
taken in arriving at taxable income, other than a net | ||
operating loss carried forward from a taxable year | ||
ending prior to December 31, 1986; | ||
(E) For taxable years in which a net operating | ||
loss carryback or carryforward from a taxable year | ||
ending prior to December 31, 1986 is an element of | ||
taxable income under paragraph (1) of subsection (e) | ||
or subparagraph (E) of paragraph (2) of subsection | ||
(e), the amount by which addition modifications other | ||
than those provided by this subparagraph (E) exceeded | ||
subtraction modifications in such earlier taxable | ||
year, with the following limitations applied in the | ||
order that they are listed: | ||
(i) the addition modification relating to the | ||
net operating loss carried back or forward to the | ||
taxable year from any taxable year ending prior to | ||
December 31, 1986 shall be reduced by the amount | ||
of addition modification under this subparagraph | ||
(E) which related to that net operating loss and | ||
which was taken into account in calculating the | ||
base income of an earlier taxable year, and | ||
(ii) the addition modification relating to the | ||
net operating loss carried back or forward to the | ||
taxable year from any taxable year ending prior to | ||
December 31, 1986 shall not exceed the amount of | ||
such carryback or carryforward; |
For taxable years in which there is a net | ||
operating loss carryback or carryforward from more | ||
than one other taxable year ending prior to December | ||
31, 1986, the addition modification provided in this | ||
subparagraph (E) shall be the sum of the amounts | ||
computed independently under the preceding provisions | ||
of this subparagraph (E) for each such taxable year; | ||
(E-5) For taxable years ending after December 31, | ||
1997, an amount equal to any eligible remediation | ||
costs that the corporation deducted in computing | ||
adjusted gross income and for which the corporation | ||
claims a credit under subsection (l) of Section 201; | ||
(E-10) For taxable years 2001 and thereafter, an | ||
amount equal to the bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(E-11) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to make an | ||
addition modification under subparagraph (E-10), then | ||
an amount equal to the aggregate amount of the | ||
deductions taken in all taxable years under | ||
subparagraph (T) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a |
subtraction is allowed with respect to that property | ||
under subparagraph (T) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (T), then an amount | ||
equal to that subtraction modification. | ||
The taxpayer is required to make the addition | ||
modification under this subparagraph only once with | ||
respect to any one piece of property; | ||
(E-12) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact the foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of |
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred. | ||
This paragraph shall not apply to the following: | ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the |
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or | ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or | ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f). | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods |
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(E-13) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross |
income under Section 78 of the Internal Revenue Code) | ||
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(b)(2)(E-12) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes (1) expenses, | ||
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or | ||
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs. For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other |
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an |
alternative method of apportionment under Section | ||
304(f); | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(E-14) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a |
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||
Act; | ||
(E-15) For taxable years beginning after December | ||
31, 2008, any deduction for dividends paid by a | ||
captive real estate investment trust that is allowed | ||
to a real estate investment trust under Section | ||
857(b)(2)(B) of the Internal Revenue Code for | ||
dividends paid; | ||
(E-16) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(E-17) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; |
(E-18) for taxable years beginning after December | ||
31, 2018, an amount equal to the deduction allowed | ||
under Section 250(a)(1)(A) of the Internal Revenue | ||
Code for the taxable year; | ||
(E-19) for taxable years ending on or after June | ||
30, 2021, an amount equal to the deduction allowed | ||
under Section 250(a)(1)(B)(i) of the Internal Revenue | ||
Code for the taxable year; | ||
(E-20) for taxable years ending on or after June | ||
30, 2021, an amount equal to the deduction allowed | ||
under Sections 243(e) and 245A(a) of the Internal | ||
Revenue Code for the taxable year. | ||
and by deducting from the total so obtained the sum of the | ||
following amounts: | ||
(F) An amount equal to the amount of any tax | ||
imposed by this Act which was refunded to the taxpayer | ||
and included in such total for the taxable year; | ||
(G) An amount equal to any amount included in such | ||
total under Section 78 of the Internal Revenue Code; | ||
(H) In the case of a regulated investment company, | ||
an amount equal to the amount of exempt interest | ||
dividends as defined in subsection (b)(5) of Section | ||
852 of the Internal Revenue Code, paid to shareholders | ||
for the taxable year; | ||
(I) With the exception of any amounts subtracted | ||
under subparagraph (J), an amount equal to the sum of |
all amounts disallowed as deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) and amounts disallowed as | ||
interest expense by Section 291(a)(3) of the Internal | ||
Revenue Code, and all amounts of expenses allocable to | ||
interest and disallowed as deductions by Section | ||
265(a)(1) of the Internal Revenue Code; and (ii) for | ||
taxable years ending on or after August 13, 1999, | ||
Sections 171(a)(2), 265, 280C, 291(a)(3), and | ||
832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||
for tax years ending on or after December 31, 2011, | ||
amounts disallowed as deductions by Section 45G(e)(3) | ||
of the Internal Revenue Code and, for taxable years | ||
ending on or after December 31, 2008, any amount | ||
included in gross income under Section 87 of the | ||
Internal Revenue Code and the policyholders' share of | ||
tax-exempt interest of a life insurance company under | ||
Section 807(a)(2)(B) of the Internal Revenue Code (in | ||
the case of a life insurance company with gross income | ||
from a decrease in reserves for the tax year) or | ||
Section 807(b)(1)(B) of the Internal Revenue Code (in | ||
the case of a life insurance company allowed a | ||
deduction for an increase in reserves for the tax | ||
year); the provisions of this subparagraph are exempt | ||
from the provisions of Section 250; | ||
(J) An amount equal to all amounts included in | ||
such total which are exempt from taxation by this |
State either by reason of its statutes or Constitution | ||
or by reason of the Constitution, treaties or statutes | ||
of the United States; provided that, in the case of any | ||
statute of this State that exempts income derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act, the amount exempted shall be the interest | ||
net of bond premium amortization; | ||
(K) An amount equal to those dividends included in | ||
such total which were paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and conducts substantially | ||
all of its operations in a River Edge Redevelopment | ||
Zone or zones. This subparagraph (K) is exempt from | ||
the provisions of Section 250; | ||
(L) An amount equal to those dividends included in | ||
such total that were paid by a corporation that | ||
conducts business operations in a federally designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact Business located in Illinois; provided | ||
that dividends eligible for the deduction provided in | ||
subparagraph (K) of paragraph 2 of this subsection | ||
shall not be eligible for the deduction provided under | ||
this subparagraph (L); | ||
(M) For any taxpayer that is a financial | ||
organization within the meaning of Section 304(c) of |
this Act, an amount included in such total as interest | ||
income from a loan or loans made by such taxpayer to a | ||
borrower, to the extent that such a loan is secured by | ||
property which is eligible for the River Edge | ||
Redevelopment Zone Investment Credit. To determine the | ||
portion of a loan or loans that is secured by property | ||
eligible for a Section 201(f) investment credit to the | ||
borrower, the entire principal amount of the loan or | ||
loans between the taxpayer and the borrower should be | ||
divided into the basis of the Section 201(f) | ||
investment credit property which secures the loan or | ||
loans, using for this purpose the original basis of | ||
such property on the date that it was placed in service | ||
in the River Edge Redevelopment Zone. The subtraction | ||
modification available to the taxpayer in any year | ||
under this subsection shall be that portion of the | ||
total interest paid by the borrower with respect to | ||
such loan attributable to the eligible property as | ||
calculated under the previous sentence. This | ||
subparagraph (M) is exempt from the provisions of | ||
Section 250; | ||
(M-1) For any taxpayer that is a financial | ||
organization within the meaning of Section 304(c) of | ||
this Act, an amount included in such total as interest | ||
income from a loan or loans made by such taxpayer to a | ||
borrower, to the extent that such a loan is secured by |
property which is eligible for the High Impact | ||
Business Investment Credit. To determine the portion | ||
of a loan or loans that is secured by property eligible | ||
for a Section 201(h) investment credit to the | ||
borrower, the entire principal amount of the loan or | ||
loans between the taxpayer and the borrower should be | ||
divided into the basis of the Section 201(h) | ||
investment credit property which secures the loan or | ||
loans, using for this purpose the original basis of | ||
such property on the date that it was placed in service | ||
in a federally designated Foreign Trade Zone or | ||
Sub-Zone located in Illinois. No taxpayer that is | ||
eligible for the deduction provided in subparagraph | ||
(M) of paragraph (2) of this subsection shall be | ||
eligible for the deduction provided under this | ||
subparagraph (M-1). The subtraction modification | ||
available to taxpayers in any year under this | ||
subsection shall be that portion of the total interest | ||
paid by the borrower with respect to such loan | ||
attributable to the eligible property as calculated | ||
under the previous sentence; | ||
(N) Two times any contribution made during the | ||
taxable year to a designated zone organization to the | ||
extent that the contribution (i) qualifies as a | ||
charitable contribution under subsection (c) of | ||
Section 170 of the Internal Revenue Code and (ii) |
must, by its terms, be used for a project approved by | ||
the Department of Commerce and Economic Opportunity | ||
under Section 11 of the Illinois Enterprise Zone Act | ||
or under Section 10-10 of the River Edge Redevelopment | ||
Zone Act. This subparagraph (N) is exempt from the | ||
provisions of Section 250; | ||
(O) An amount equal to: (i) 85% for taxable years | ||
ending on or before December 31, 1992, or, a | ||
percentage equal to the percentage allowable under | ||
Section 243(a)(1) of the Internal Revenue Code of 1986 | ||
for taxable years ending after December 31, 1992, of | ||
the amount by which dividends included in taxable | ||
income and received from a corporation that is not | ||
created or organized under the laws of the United | ||
States or any state or political subdivision thereof, | ||
including, for taxable years ending on or after | ||
December 31, 1988, dividends received or deemed | ||
received or paid or deemed paid under Sections 951 | ||
through 965 of the Internal Revenue Code, exceed the | ||
amount of the modification provided under subparagraph | ||
(G) of paragraph (2) of this subsection (b) which is | ||
related to such dividends, and including, for taxable | ||
years ending on or after December 31, 2008, dividends | ||
received from a captive real estate investment trust; | ||
plus (ii) 100% of the amount by which dividends, | ||
included in taxable income and received, including, |
for taxable years ending on or after December 31, | ||
1988, dividends received or deemed received or paid or | ||
deemed paid under Sections 951 through 964 of the | ||
Internal Revenue Code and including, for taxable years | ||
ending on or after December 31, 2008, dividends | ||
received from a captive real estate investment trust, | ||
from any such corporation specified in clause (i) that | ||
would but for the provisions of Section 1504(b)(3) of | ||
the Internal Revenue Code be treated as a member of the | ||
affiliated group which includes the dividend | ||
recipient, exceed the amount of the modification | ||
provided under subparagraph (G) of paragraph (2) of | ||
this subsection (b) which is related to such | ||
dividends. For taxable years ending on or after June | ||
30, 2021, (i) for purposes of this subparagraph, the | ||
term "dividend" does not include any amount treated as | ||
a dividend under Section 1248 of the Internal Revenue | ||
Code, and (ii) this subparagraph shall not apply to | ||
dividends for which a deduction is allowed under | ||
Section 245(a) of the Internal Revenue Code. This | ||
subparagraph (O) is exempt from the provisions of | ||
Section 250 of this Act; | ||
(P) An amount equal to any contribution made to a | ||
job training project established pursuant to the Tax | ||
Increment Allocation Redevelopment Act; | ||
(Q) An amount equal to the amount of the deduction |
used to compute the federal income tax credit for | ||
restoration of substantial amounts held under claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the Internal Revenue Code; | ||
(R) On and after July 20, 1999, in the case of an | ||
attorney-in-fact with respect to whom an interinsurer | ||
or a reciprocal insurer has made the election under | ||
Section 835 of the Internal Revenue Code, 26 U.S.C. | ||
835, an amount equal to the excess, if any, of the | ||
amounts paid or incurred by that interinsurer or | ||
reciprocal insurer in the taxable year to the | ||
attorney-in-fact over the deduction allowed to that | ||
interinsurer or reciprocal insurer with respect to the | ||
attorney-in-fact under Section 835(b) of the Internal | ||
Revenue Code for the taxable year; the provisions of | ||
this subparagraph are exempt from the provisions of | ||
Section 250; | ||
(S) For taxable years ending on or after December | ||
31, 1997, in the case of a Subchapter S corporation, an | ||
amount equal to all amounts of income allocable to a | ||
shareholder subject to the Personal Property Tax | ||
Replacement Income Tax imposed by subsections (c) and | ||
(d) of Section 201 of this Act, including amounts | ||
allocable to organizations exempt from federal income | ||
tax by reason of Section 501(a) of the Internal | ||
Revenue Code. This subparagraph (S) is exempt from the |
provisions of Section 250; | ||
(T) For taxable years 2001 and thereafter, for the | ||
taxable year in which the bonus depreciation deduction | ||
is taken on the taxpayer's federal income tax return | ||
under subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the taxable year on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus depreciation deduction was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y" multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y" multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus |
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1-bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable years for any one piece of | ||
property may not exceed the amount of the bonus | ||
depreciation deduction taken on that property on the |
taxpayer's federal income tax return under subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (T) is exempt from the provisions of | ||
Section 250; | ||
(U) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of property for which the taxpayer | ||
was required in any taxable year to make an addition | ||
modification under subparagraph (E-10), then an amount | ||
equal to that addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (T) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (E-10), then an amount | ||
equal to that addition modification. | ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph only once with respect to any | ||
one piece of property. | ||
This subparagraph (U) is exempt from the | ||
provisions of Section 250; | ||
(V) The amount of: (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under |
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification, (ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification, and (iii) any insurance premium | ||
income (net of deductions allocable thereto) taken | ||
into account for the taxable year with respect to a | ||
transaction with a taxpayer that is required to make | ||
an addition modification with respect to such | ||
transaction under Section 203(a)(2)(D-19), Section | ||
203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||
203(d)(2)(D-9), but not to exceed the amount of that | ||
addition modification. This subparagraph (V) is exempt | ||
from the provisions of Section 250; | ||
(W) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business |
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(b)(2)(E-12) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. | ||
This subparagraph (W) is exempt from the provisions of | ||
Section 250; | ||
(X) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is |
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(b)(2)(E-13) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (X) is | ||
exempt from the provisions of Section 250; | ||
(Y) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(b)(2)(E-14), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(Y), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (Y). This | ||
subparagraph (Y) is exempt from the provisions of | ||
Section 250; |
(Z) The difference between the nondeductible | ||
controlled foreign corporation dividends under Section | ||
965(e)(3) of the Internal Revenue Code over the | ||
taxable income of the taxpayer, computed without | ||
regard to Section 965(e)(2)(A) of the Internal Revenue | ||
Code, and without regard to any net operating loss | ||
deduction. This subparagraph (Z) is exempt from the | ||
provisions of Section 250; and | ||
(AA) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (AA) are exempt from the provisions | ||
of Section 250. | ||
(3) Special rule. For purposes of paragraph (2)(A), | ||
"gross income" in the case of a life insurance company, | ||
for tax years ending on and after December 31, 1994, and | ||
prior to December 31, 2011, shall mean the gross | ||
investment income for the taxable year and, for tax years |
ending on or after December 31, 2011, shall mean all | ||
amounts included in life insurance gross income under | ||
Section 803(a)(3) of the Internal Revenue Code. | ||
(c) Trusts and estates. | ||
(1) In general. In the case of a trust or estate, base | ||
income means an amount equal to the taxpayer's taxable | ||
income for the taxable year as modified by paragraph (2). | ||
(2) Modifications. Subject to the provisions of | ||
paragraph (3), the taxable income referred to in paragraph | ||
(1) shall be modified by adding thereto the sum of the | ||
following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer as interest or dividends during the | ||
taxable year to the extent excluded from gross income | ||
in the computation of taxable income; | ||
(B) In the case of (i) an estate, $600; (ii) a | ||
trust which, under its governing instrument, is | ||
required to distribute all of its income currently, | ||
$300; and (iii) any other trust, $100, but in each such | ||
case, only to the extent such amount was deducted in | ||
the computation of taxable income; | ||
(C) An amount equal to the amount of tax imposed by | ||
this Act to the extent deducted from gross income in | ||
the computation of taxable income for the taxable | ||
year; |
(D) The amount of any net operating loss deduction | ||
taken in arriving at taxable income, other than a net | ||
operating loss carried forward from a taxable year | ||
ending prior to December 31, 1986; | ||
(E) For taxable years in which a net operating | ||
loss carryback or carryforward from a taxable year | ||
ending prior to December 31, 1986 is an element of | ||
taxable income under paragraph (1) of subsection (e) | ||
or subparagraph (E) of paragraph (2) of subsection | ||
(e), the amount by which addition modifications other | ||
than those provided by this subparagraph (E) exceeded | ||
subtraction modifications in such taxable year, with | ||
the following limitations applied in the order that | ||
they are listed: | ||
(i) the addition modification relating to the | ||
net operating loss carried back or forward to the | ||
taxable year from any taxable year ending prior to | ||
December 31, 1986 shall be reduced by the amount | ||
of addition modification under this subparagraph | ||
(E) which related to that net operating loss and | ||
which was taken into account in calculating the | ||
base income of an earlier taxable year, and | ||
(ii) the addition modification relating to the | ||
net operating loss carried back or forward to the | ||
taxable year from any taxable year ending prior to | ||
December 31, 1986 shall not exceed the amount of |
such carryback or carryforward; | ||
For taxable years in which there is a net | ||
operating loss carryback or carryforward from more | ||
than one other taxable year ending prior to December | ||
31, 1986, the addition modification provided in this | ||
subparagraph (E) shall be the sum of the amounts | ||
computed independently under the preceding provisions | ||
of this subparagraph (E) for each such taxable year; | ||
(F) For taxable years ending on or after January | ||
1, 1989, an amount equal to the tax deducted pursuant | ||
to Section 164 of the Internal Revenue Code if the | ||
trust or estate is claiming the same tax for purposes | ||
of the Illinois foreign tax credit under Section 601 | ||
of this Act; | ||
(G) An amount equal to the amount of the capital | ||
gain deduction allowable under the Internal Revenue | ||
Code, to the extent deducted from gross income in the | ||
computation of taxable income; | ||
(G-5) For taxable years ending after December 31, | ||
1997, an amount equal to any eligible remediation | ||
costs that the trust or estate deducted in computing | ||
adjusted gross income and for which the trust or | ||
estate claims a credit under subsection (l) of Section | ||
201; | ||
(G-10) For taxable years 2001 and thereafter, an | ||
amount equal to the bonus depreciation deduction taken |
on the taxpayer's federal income tax return for the | ||
taxable year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; and | ||
(G-11) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to make an | ||
addition modification under subparagraph (G-10), then | ||
an amount equal to the aggregate amount of the | ||
deductions taken in all taxable years under | ||
subparagraph (R) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (R) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (R), then an amount | ||
equal to that subtraction modification. | ||
The taxpayer is required to make the addition | ||
modification under this subparagraph only once with | ||
respect to any one piece of property; | ||
(G-12) An amount equal to the amount otherwise | ||
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the |
fact that the foreign person's business activity | ||
outside the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred. | ||
This paragraph shall not apply to the following: | ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary |
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or | ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates | ||
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or | ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if |
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f). | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(G-13) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the | ||
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that |
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross | ||
income under Section 78 of the Internal Revenue Code) | ||
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred, or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(c)(2)(G-12) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes: (1) | ||
expenses, losses, and costs for or related to the | ||
direct or indirect acquisition, use, maintenance or | ||
management, ownership, sale, exchange, or any other | ||
disposition of intangible property; (2) losses | ||
incurred, directly or indirectly, from factoring |
transactions or discounting transactions; (3) royalty, | ||
patent, technical, and copyright fees; (4) licensing | ||
fees; and (5) other similar expenses and costs. For | ||
purposes of this subparagraph, "intangible property" | ||
includes patents, patent applications, trade names, | ||
trademarks, service marks, copyrights, mask works, | ||
trade secrets, and similar types of intangible assets. | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable | ||
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the |
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f); | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(G-14) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed |
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to | ||
the addition modification required under Section | ||
203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||
Act; | ||
(G-15) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, |
determined without regard to Section 218(c) of this | ||
Act; | ||
(G-16) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
and by deducting from the total so obtained the sum of the | ||
following amounts: | ||
(H) An amount equal to all amounts included in | ||
such total pursuant to the provisions of Sections | ||
402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 | ||
of the Internal Revenue Code or included in such total | ||
as distributions under the provisions of any | ||
retirement or disability plan for employees of any | ||
governmental agency or unit, or retirement payments to | ||
retired partners, which payments are excluded in | ||
computing net earnings from self employment by Section | ||
1402 of the Internal Revenue Code and regulations | ||
adopted pursuant thereto; | ||
(I) The valuation limitation amount; | ||
(J) An amount equal to the amount of any tax | ||
imposed by this Act which was refunded to the taxpayer | ||
and included in such total for the taxable year; | ||
(K) An amount equal to all amounts included in | ||
taxable income as modified by subparagraphs (A), (B), | ||
(C), (D), (E), (F) and (G) which are exempt from |
taxation by this State either by reason of its | ||
statutes or Constitution or by reason of the | ||
Constitution, treaties or statutes of the United | ||
States; provided that, in the case of any statute of | ||
this State that exempts income derived from bonds or | ||
other obligations from the tax imposed under this Act, | ||
the amount exempted shall be the interest net of bond | ||
premium amortization; | ||
(L) With the exception of any amounts subtracted | ||
under subparagraph (K), an amount equal to the sum of | ||
all amounts disallowed as deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||
and all amounts of expenses allocable to interest and | ||
disallowed as deductions by Section 265(a)(1) of the | ||
Internal Revenue Code; and (ii) for taxable years | ||
ending on or after August 13, 1999, Sections | ||
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, (iii) for taxable years | ||
ending on or after December 31, 2011, Section | ||
45G(e)(3) of the Internal Revenue Code and, for | ||
taxable years ending on or after December 31, 2008, | ||
any amount included in gross income under Section 87 | ||
of the Internal Revenue Code; the provisions of this | ||
subparagraph are exempt from the provisions of Section | ||
250; | ||
(M) An amount equal to those dividends included in |
such total which were paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and conducts substantially | ||
all of its operations in a River Edge Redevelopment | ||
Zone or zones. This subparagraph (M) is exempt from | ||
the provisions of Section 250; | ||
(N) An amount equal to any contribution made to a | ||
job training project established pursuant to the Tax | ||
Increment Allocation Redevelopment Act; | ||
(O) An amount equal to those dividends included in | ||
such total that were paid by a corporation that | ||
conducts business operations in a federally designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact Business located in Illinois; provided | ||
that dividends eligible for the deduction provided in | ||
subparagraph (M) of paragraph (2) of this subsection | ||
shall not be eligible for the deduction provided under | ||
this subparagraph (O); | ||
(P) An amount equal to the amount of the deduction | ||
used to compute the federal income tax credit for | ||
restoration of substantial amounts held under claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the Internal Revenue Code; | ||
(Q) For taxable year 1999 and thereafter, an | ||
amount equal to the amount of any (i) distributions, |
to the extent includible in gross income for federal | ||
income tax purposes, made to the taxpayer because of | ||
his or her status as a victim of persecution for racial | ||
or religious reasons by Nazi Germany or any other Axis | ||
regime or as an heir of the victim and (ii) items of | ||
income, to the extent includible in gross income for | ||
federal income tax purposes, attributable to, derived | ||
from or in any way related to assets stolen from, | ||
hidden from, or otherwise lost to a victim of | ||
persecution for racial or religious reasons by Nazi | ||
Germany or any other Axis regime immediately prior to, | ||
during, and immediately after World War II, including, | ||
but not limited to, interest on the proceeds | ||
receivable as insurance under policies issued to a | ||
victim of persecution for racial or religious reasons | ||
by Nazi Germany or any other Axis regime by European | ||
insurance companies immediately prior to and during | ||
World War II; provided, however, this subtraction from | ||
federal adjusted gross income does not apply to assets | ||
acquired with such assets or with the proceeds from | ||
the sale of such assets; provided, further, this | ||
paragraph shall only apply to a taxpayer who was the | ||
first recipient of such assets after their recovery | ||
and who is a victim of persecution for racial or | ||
religious reasons by Nazi Germany or any other Axis | ||
regime or as an heir of the victim. The amount of and |
the eligibility for any public assistance, benefit, or | ||
similar entitlement is not affected by the inclusion | ||
of items (i) and (ii) of this paragraph in gross income | ||
for federal income tax purposes. This paragraph is | ||
exempt from the provisions of Section 250; | ||
(R) For taxable years 2001 and thereafter, for the | ||
taxable year in which the bonus depreciation deduction | ||
is taken on the taxpayer's federal income tax return | ||
under subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the taxable year on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus depreciation deduction was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y" multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus | ||
depreciation deduction of 30% of the adjusted |
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y" multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property | ||
(that is, 100(1-bonus%)). |
The aggregate amount deducted under this | ||
subparagraph in all taxable years for any one piece of | ||
property may not exceed the amount of the bonus | ||
depreciation deduction taken on that property on the | ||
taxpayer's federal income tax return under subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (R) is exempt from the provisions of | ||
Section 250; | ||
(S) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of property for which the taxpayer | ||
was required in any taxable year to make an addition | ||
modification under subparagraph (G-10), then an amount | ||
equal to that addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (R) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (G-10), then an amount | ||
equal to that addition modification. | ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph only once with respect to any | ||
one piece of property. | ||
This subparagraph (S) is exempt from the | ||
provisions of Section 250; | ||
(T) The amount of (i) any interest income (net of |
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification and (ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification. This subparagraph (T) is exempt | ||
from the provisions of Section 250; | ||
(U) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact the foreign person's business activity | ||
outside the United States is 80% or more of that | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business |
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304, but not to exceed the | ||
addition modification required to be made for the same | ||
taxable year under Section 203(c)(2)(G-12) for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, to the same person. This subparagraph (U) | ||
is exempt from the provisions of Section 250; | ||
(V) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be |
made for the same taxable year under Section | ||
203(c)(2)(G-13) for intangible expenses and costs | ||
paid, accrued, or incurred, directly or indirectly, to | ||
the same foreign person. This subparagraph (V) is | ||
exempt from the provisions of Section 250; | ||
(W) in the case of an estate, an amount equal to | ||
all amounts included in such total pursuant to the | ||
provisions of Section 111 of the Internal Revenue Code | ||
as a recovery of items previously deducted by the | ||
decedent from adjusted gross income in the computation | ||
of taxable income. This subparagraph (W) is exempt | ||
from Section 250; | ||
(X) an amount equal to the refund included in such | ||
total of any tax deducted for federal income tax | ||
purposes, to the extent that deduction was added back | ||
under subparagraph (F). This subparagraph (X) is | ||
exempt from the provisions of Section 250; | ||
(Y) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(c)(2)(G-14), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the |
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(Y), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (Y). This | ||
subparagraph (Y) is exempt from the provisions of | ||
Section 250; | ||
(Z) For taxable years beginning after December 31, | ||
2018 and before January 1, 2026, the amount of excess | ||
business loss of the taxpayer disallowed as a | ||
deduction by Section 461(l)(1)(B) of the Internal | ||
Revenue Code; and | ||
(AA) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis | ||
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (AA) are exempt from the provisions | ||
of Section 250. | ||
(3) Limitation. The amount of any modification |
otherwise required under this subsection shall, under | ||
regulations prescribed by the Department, be adjusted by | ||
any amounts included therein which were properly paid, | ||
credited, or required to be distributed, or permanently | ||
set aside for charitable purposes pursuant to Internal | ||
Revenue Code Section 642(c) during the taxable year. | ||
(d) Partnerships. | ||
(1) In general. In the case of a partnership, base | ||
income means an amount equal to the taxpayer's taxable | ||
income for the taxable year as modified by paragraph (2). | ||
(2) Modifications. The taxable income referred to in | ||
paragraph (1) shall be modified by adding thereto the sum | ||
of the following amounts: | ||
(A) An amount equal to all amounts paid or accrued | ||
to the taxpayer as interest or dividends during the | ||
taxable year to the extent excluded from gross income | ||
in the computation of taxable income; | ||
(B) An amount equal to the amount of tax imposed by | ||
this Act to the extent deducted from gross income for | ||
the taxable year; | ||
(C) The amount of deductions allowed to the | ||
partnership pursuant to Section 707 (c) of the | ||
Internal Revenue Code in calculating its taxable | ||
income; | ||
(D) An amount equal to the amount of the capital |
gain deduction allowable under the Internal Revenue | ||
Code, to the extent deducted from gross income in the | ||
computation of taxable income; | ||
(D-5) For taxable years 2001 and thereafter, an | ||
amount equal to the bonus depreciation deduction taken | ||
on the taxpayer's federal income tax return for the | ||
taxable year under subsection (k) of Section 168 of | ||
the Internal Revenue Code; | ||
(D-6) If the taxpayer sells, transfers, abandons, | ||
or otherwise disposes of property for which the | ||
taxpayer was required in any taxable year to make an | ||
addition modification under subparagraph (D-5), then | ||
an amount equal to the aggregate amount of the | ||
deductions taken in all taxable years under | ||
subparagraph (O) with respect to that property. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (O) and for which the taxpayer was | ||
allowed in any taxable year to make a subtraction | ||
modification under subparagraph (O), then an amount | ||
equal to that subtraction modification. | ||
The taxpayer is required to make the addition | ||
modification under this subparagraph only once with | ||
respect to any one piece of property; | ||
(D-7) An amount equal to the amount otherwise |
allowed as a deduction in computing base income for | ||
interest paid, accrued, or incurred, directly or | ||
indirectly, (i) for taxable years ending on or after | ||
December 31, 2004, to a foreign person who would be a | ||
member of the same unitary business group but for the | ||
fact the foreign person's business activity outside | ||
the United States is 80% or more of the foreign | ||
person's total business activity and (ii) for taxable | ||
years ending on or after December 31, 2008, to a person | ||
who would be a member of the same unitary business | ||
group but for the fact that the person is prohibited | ||
under Section 1501(a)(27) from being included in the | ||
unitary business group because he or she is ordinarily | ||
required to apportion business income under different | ||
subsections of Section 304. The addition modification | ||
required by this subparagraph shall be reduced to the | ||
extent that dividends were included in base income of | ||
the unitary group for the same taxable year and | ||
received by the taxpayer or by a member of the | ||
taxpayer's unitary business group (including amounts | ||
included in gross income pursuant to Sections 951 | ||
through 964 of the Internal Revenue Code and amounts | ||
included in gross income under Section 78 of the | ||
Internal Revenue Code) with respect to the stock of | ||
the same person to whom the interest was paid, | ||
accrued, or incurred. |
This paragraph shall not apply to the following: | ||
(i) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such interest; or | ||
(ii) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer can establish, based on a | ||
preponderance of the evidence, both of the | ||
following: | ||
(a) the person, during the same taxable | ||
year, paid, accrued, or incurred, the interest | ||
to a person that is not a related member, and | ||
(b) the transaction giving rise to the | ||
interest expense between the taxpayer and the | ||
person did not have as a principal purpose the | ||
avoidance of Illinois income tax, and is paid | ||
pursuant to a contract or agreement that | ||
reflects an arm's-length interest rate and | ||
terms; or | ||
(iii) the taxpayer can establish, based on | ||
clear and convincing evidence, that the interest | ||
paid, accrued, or incurred relates to a contract | ||
or agreement entered into at arm's-length rates |
and terms and the principal purpose for the | ||
payment is not federal or Illinois tax avoidance; | ||
or | ||
(iv) an item of interest paid, accrued, or | ||
incurred, directly or indirectly, to a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence that the adjustments are unreasonable; or | ||
if the taxpayer and the Director agree in writing | ||
to the application or use of an alternative method | ||
of apportionment under Section 304(f). | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods | ||
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; and | ||
(D-8) An amount equal to the amount of intangible | ||
expenses and costs otherwise allowed as a deduction in | ||
computing base income, and that were paid, accrued, or | ||
incurred, directly or indirectly, (i) for taxable | ||
years ending on or after December 31, 2004, to a | ||
foreign person who would be a member of the same | ||
unitary business group but for the fact that the |
foreign person's business activity outside the United | ||
States is 80% or more of that person's total business | ||
activity and (ii) for taxable years ending on or after | ||
December 31, 2008, to a person who would be a member of | ||
the same unitary business group but for the fact that | ||
the person is prohibited under Section 1501(a)(27) | ||
from being included in the unitary business group | ||
because he or she is ordinarily required to apportion | ||
business income under different subsections of Section | ||
304. The addition modification required by this | ||
subparagraph shall be reduced to the extent that | ||
dividends were included in base income of the unitary | ||
group for the same taxable year and received by the | ||
taxpayer or by a member of the taxpayer's unitary | ||
business group (including amounts included in gross | ||
income pursuant to Sections 951 through 964 of the | ||
Internal Revenue Code and amounts included in gross | ||
income under Section 78 of the Internal Revenue Code) | ||
with respect to the stock of the same person to whom | ||
the intangible expenses and costs were directly or | ||
indirectly paid, incurred or accrued. The preceding | ||
sentence shall not apply to the extent that the same | ||
dividends caused a reduction to the addition | ||
modification required under Section 203(d)(2)(D-7) of | ||
this Act. As used in this subparagraph, the term | ||
"intangible expenses and costs" includes (1) expenses, |
losses, and costs for, or related to, the direct or | ||
indirect acquisition, use, maintenance or management, | ||
ownership, sale, exchange, or any other disposition of | ||
intangible property; (2) losses incurred, directly or | ||
indirectly, from factoring transactions or discounting | ||
transactions; (3) royalty, patent, technical, and | ||
copyright fees; (4) licensing fees; and (5) other | ||
similar expenses and costs. For purposes of this | ||
subparagraph, "intangible property" includes patents, | ||
patent applications, trade names, trademarks, service | ||
marks, copyrights, mask works, trade secrets, and | ||
similar types of intangible assets; | ||
This paragraph shall not apply to the following: | ||
(i) any item of intangible expenses or costs | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person who | ||
is subject in a foreign country or state, other | ||
than a state which requires mandatory unitary | ||
reporting, to a tax on or measured by net income | ||
with respect to such item; or | ||
(ii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, if the taxpayer can establish, based | ||
on a preponderance of the evidence, both of the | ||
following: | ||
(a) the person during the same taxable |
year paid, accrued, or incurred, the | ||
intangible expense or cost to a person that is | ||
not a related member, and | ||
(b) the transaction giving rise to the | ||
intangible expense or cost between the | ||
taxpayer and the person did not have as a | ||
principal purpose the avoidance of Illinois | ||
income tax, and is paid pursuant to a contract | ||
or agreement that reflects arm's-length terms; | ||
or | ||
(iii) any item of intangible expense or cost | ||
paid, accrued, or incurred, directly or | ||
indirectly, from a transaction with a person if | ||
the taxpayer establishes by clear and convincing | ||
evidence, that the adjustments are unreasonable; | ||
or if the taxpayer and the Director agree in | ||
writing to the application or use of an | ||
alternative method of apportionment under Section | ||
304(f); | ||
Nothing in this subsection shall preclude the | ||
Director from making any other adjustment | ||
otherwise allowed under Section 404 of this Act | ||
for any tax year beginning after the effective | ||
date of this amendment provided such adjustment is | ||
made pursuant to regulation adopted by the | ||
Department and such regulations provide methods |
and standards by which the Department will utilize | ||
its authority under Section 404 of this Act; | ||
(D-9) For taxable years ending on or after | ||
December 31, 2008, an amount equal to the amount of | ||
insurance premium expenses and costs otherwise allowed | ||
as a deduction in computing base income, and that were | ||
paid, accrued, or incurred, directly or indirectly, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304. The | ||
addition modification required by this subparagraph | ||
shall be reduced to the extent that dividends were | ||
included in base income of the unitary group for the | ||
same taxable year and received by the taxpayer or by a | ||
member of the taxpayer's unitary business group | ||
(including amounts included in gross income under | ||
Sections 951 through 964 of the Internal Revenue Code | ||
and amounts included in gross income under Section 78 | ||
of the Internal Revenue Code) with respect to the | ||
stock of the same person to whom the premiums and costs | ||
were directly or indirectly paid, incurred, or | ||
accrued. The preceding sentence does not apply to the | ||
extent that the same dividends caused a reduction to |
the addition modification required under Section | ||
203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||
(D-10) An amount equal to the credit allowable to | ||
the taxpayer under Section 218(a) of this Act, | ||
determined without regard to Section 218(c) of this | ||
Act; | ||
(D-11) For taxable years ending on or after | ||
December 31, 2017, an amount equal to the deduction | ||
allowed under Section 199 of the Internal Revenue Code | ||
for the taxable year; | ||
and by deducting from the total so obtained the following | ||
amounts: | ||
(E) The valuation limitation amount; | ||
(F) An amount equal to the amount of any tax | ||
imposed by this Act which was refunded to the taxpayer | ||
and included in such total for the taxable year; | ||
(G) An amount equal to all amounts included in | ||
taxable income as modified by subparagraphs (A), (B), | ||
(C) and (D) which are exempt from taxation by this | ||
State either by reason of its statutes or Constitution | ||
or by reason of the Constitution, treaties or statutes | ||
of the United States; provided that, in the case of any | ||
statute of this State that exempts income derived from | ||
bonds or other obligations from the tax imposed under | ||
this Act, the amount exempted shall be the interest | ||
net of bond premium amortization; |
(H) Any income of the partnership which | ||
constitutes personal service income as defined in | ||
Section 1348(b)(1) of the Internal Revenue Code (as in | ||
effect December 31, 1981) or a reasonable allowance | ||
for compensation paid or accrued for services rendered | ||
by partners to the partnership, whichever is greater; | ||
this subparagraph (H) is exempt from the provisions of | ||
Section 250; | ||
(I) An amount equal to all amounts of income | ||
distributable to an entity subject to the Personal | ||
Property Tax Replacement Income Tax imposed by | ||
subsections (c) and (d) of Section 201 of this Act | ||
including amounts distributable to organizations | ||
exempt from federal income tax by reason of Section | ||
501(a) of the Internal Revenue Code; this subparagraph | ||
(I) is exempt from the provisions of Section 250; | ||
(J) With the exception of any amounts subtracted | ||
under subparagraph (G), an amount equal to the sum of | ||
all amounts disallowed as deductions by (i) Sections | ||
171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||
and all amounts of expenses allocable to interest and | ||
disallowed as deductions by Section 265(a)(1) of the | ||
Internal Revenue Code; and (ii) for taxable years | ||
ending on or after August 13, 1999, Sections | ||
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||
Internal Revenue Code, plus, (iii) for taxable years |
ending on or after December 31, 2011, Section | ||
45G(e)(3) of the Internal Revenue Code and, for | ||
taxable years ending on or after December 31, 2008, | ||
any amount included in gross income under Section 87 | ||
of the Internal Revenue Code; the provisions of this | ||
subparagraph are exempt from the provisions of Section | ||
250; | ||
(K) An amount equal to those dividends included in | ||
such total which were paid by a corporation which | ||
conducts business operations in a River Edge | ||
Redevelopment Zone or zones created under the River | ||
Edge Redevelopment Zone Act and conducts substantially | ||
all of its operations from a River Edge Redevelopment | ||
Zone or zones. This subparagraph (K) is exempt from | ||
the provisions of Section 250; | ||
(L) An amount equal to any contribution made to a | ||
job training project established pursuant to the Real | ||
Property Tax Increment Allocation Redevelopment Act; | ||
(M) An amount equal to those dividends included in | ||
such total that were paid by a corporation that | ||
conducts business operations in a federally designated | ||
Foreign Trade Zone or Sub-Zone and that is designated | ||
a High Impact Business located in Illinois; provided | ||
that dividends eligible for the deduction provided in | ||
subparagraph (K) of paragraph (2) of this subsection | ||
shall not be eligible for the deduction provided under |
this subparagraph (M); | ||
(N) An amount equal to the amount of the deduction | ||
used to compute the federal income tax credit for | ||
restoration of substantial amounts held under claim of | ||
right for the taxable year pursuant to Section 1341 of | ||
the Internal Revenue Code; | ||
(O) For taxable years 2001 and thereafter, for the | ||
taxable year in which the bonus depreciation deduction | ||
is taken on the taxpayer's federal income tax return | ||
under subsection (k) of Section 168 of the Internal | ||
Revenue Code and for each applicable taxable year | ||
thereafter, an amount equal to "x", where: | ||
(1) "y" equals the amount of the depreciation | ||
deduction taken for the taxable year on the | ||
taxpayer's federal income tax return on property | ||
for which the bonus depreciation deduction was | ||
taken in any year under subsection (k) of Section | ||
168 of the Internal Revenue Code, but not | ||
including the bonus depreciation deduction; | ||
(2) for taxable years ending on or before | ||
December 31, 2005, "x" equals "y" multiplied by 30 | ||
and then divided by 70 (or "y" multiplied by | ||
0.429); and | ||
(3) for taxable years ending after December | ||
31, 2005: | ||
(i) for property on which a bonus |
depreciation deduction of 30% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
30 and then divided by 70 (or "y" multiplied | ||
by 0.429); | ||
(ii) for property on which a bonus | ||
depreciation deduction of 50% of the adjusted | ||
basis was taken, "x" equals "y" multiplied by | ||
1.0; | ||
(iii) for property on which a bonus | ||
depreciation deduction of 100% of the adjusted | ||
basis was taken in a taxable year ending on or | ||
after December 31, 2021, "x" equals the | ||
depreciation deduction that would be allowed | ||
on that property if the taxpayer had made the | ||
election under Section 168(k)(7) of the | ||
Internal Revenue Code to not claim bonus | ||
depreciation on that property; and | ||
(iv) for property on which a bonus | ||
depreciation deduction of a percentage other | ||
than 30%, 50% or 100% of the adjusted basis | ||
was taken in a taxable year ending on or after | ||
December 31, 2021, "x" equals "y" multiplied | ||
by 100 times the percentage bonus depreciation | ||
on the property (that is, 100(bonus%)) and | ||
then divided by 100 times 1 minus the | ||
percentage bonus depreciation on the property |
(that is, 100(1-bonus%)). | ||
The aggregate amount deducted under this | ||
subparagraph in all taxable years for any one piece of | ||
property may not exceed the amount of the bonus | ||
depreciation deduction taken on that property on the | ||
taxpayer's federal income tax return under subsection | ||
(k) of Section 168 of the Internal Revenue Code. This | ||
subparagraph (O) is exempt from the provisions of | ||
Section 250; | ||
(P) If the taxpayer sells, transfers, abandons, or | ||
otherwise disposes of property for which the taxpayer | ||
was required in any taxable year to make an addition | ||
modification under subparagraph (D-5), then an amount | ||
equal to that addition modification. | ||
If the taxpayer continues to own property through | ||
the last day of the last tax year for which a | ||
subtraction is allowed with respect to that property | ||
under subparagraph (O) and for which the taxpayer was | ||
required in any taxable year to make an addition | ||
modification under subparagraph (D-5), then an amount | ||
equal to that addition modification. | ||
The taxpayer is allowed to take the deduction | ||
under this subparagraph only once with respect to any | ||
one piece of property. | ||
This subparagraph (P) is exempt from the | ||
provisions of Section 250; |
(Q) The amount of (i) any interest income (net of | ||
the deductions allocable thereto) taken into account | ||
for the taxable year with respect to a transaction | ||
with a taxpayer that is required to make an addition | ||
modification with respect to such transaction under | ||
Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||
the amount of such addition modification and (ii) any | ||
income from intangible property (net of the deductions | ||
allocable thereto) taken into account for the taxable | ||
year with respect to a transaction with a taxpayer | ||
that is required to make an addition modification with | ||
respect to such transaction under Section | ||
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||
203(d)(2)(D-8), but not to exceed the amount of such | ||
addition modification. This subparagraph (Q) is exempt | ||
from Section 250; | ||
(R) An amount equal to the interest income taken | ||
into account for the taxable year (net of the | ||
deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to |
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but | ||
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(d)(2)(D-7) for interest paid, accrued, or | ||
incurred, directly or indirectly, to the same person. | ||
This subparagraph (R) is exempt from Section 250; | ||
(S) An amount equal to the income from intangible | ||
property taken into account for the taxable year (net | ||
of the deductions allocable thereto) with respect to | ||
transactions with (i) a foreign person who would be a | ||
member of the taxpayer's unitary business group but | ||
for the fact that the foreign person's business | ||
activity outside the United States is 80% or more of | ||
that person's total business activity and (ii) for | ||
taxable years ending on or after December 31, 2008, to | ||
a person who would be a member of the same unitary | ||
business group but for the fact that the person is | ||
prohibited under Section 1501(a)(27) from being | ||
included in the unitary business group because he or | ||
she is ordinarily required to apportion business | ||
income under different subsections of Section 304, but |
not to exceed the addition modification required to be | ||
made for the same taxable year under Section | ||
203(d)(2)(D-8) for intangible expenses and costs paid, | ||
accrued, or incurred, directly or indirectly, to the | ||
same person. This subparagraph (S) is exempt from | ||
Section 250; | ||
(T) For taxable years ending on or after December | ||
31, 2011, in the case of a taxpayer who was required to | ||
add back any insurance premiums under Section | ||
203(d)(2)(D-9), such taxpayer may elect to subtract | ||
that part of a reimbursement received from the | ||
insurance company equal to the amount of the expense | ||
or loss (including expenses incurred by the insurance | ||
company) that would have been taken into account as a | ||
deduction for federal income tax purposes if the | ||
expense or loss had been uninsured. If a taxpayer | ||
makes the election provided for by this subparagraph | ||
(T), the insurer to which the premiums were paid must | ||
add back to income the amount subtracted by the | ||
taxpayer pursuant to this subparagraph (T). This | ||
subparagraph (T) is exempt from the provisions of | ||
Section 250; and | ||
(U) For taxable years beginning on or after | ||
January 1, 2023, for any cannabis establishment | ||
operating in this State and licensed under the | ||
Cannabis Regulation and Tax Act or any cannabis |
cultivation center or medical cannabis dispensing | ||
organization operating in this State and licensed | ||
under the Compassionate Use of Medical Cannabis | ||
Program Act, an amount equal to the deductions that | ||
were disallowed under Section 280E of the Internal | ||
Revenue Code for the taxable year and that would not be | ||
added back under this subsection. The provisions of | ||
this subparagraph (U) are exempt from the provisions | ||
of Section 250. | ||
(e) Gross income; adjusted gross income; taxable income. | ||
(1) In general. Subject to the provisions of paragraph | ||
(2) and subsection (b)(3), for purposes of this Section | ||
and Section 803(e), a taxpayer's gross income, adjusted | ||
gross income, or taxable income for the taxable year shall | ||
mean the amount of gross income, adjusted gross income or | ||
taxable income properly reportable for federal income tax | ||
purposes for the taxable year under the provisions of the | ||
Internal Revenue Code. Taxable income may be less than | ||
zero. However, for taxable years ending on or after | ||
December 31, 1986, net operating loss carryforwards from | ||
taxable years ending prior to December 31, 1986, may not | ||
exceed the sum of federal taxable income for the taxable | ||
year before net operating loss deduction, plus the excess | ||
of addition modifications over subtraction modifications | ||
for the taxable year. For taxable years ending prior to |
December 31, 1986, taxable income may never be an amount | ||
in excess of the net operating loss for the taxable year as | ||
defined in subsections (c) and (d) of Section 172 of the | ||
Internal Revenue Code, provided that when taxable income | ||
of a corporation (other than a Subchapter S corporation), | ||
trust, or estate is less than zero and addition | ||
modifications, other than those provided by subparagraph | ||
(E) of paragraph (2) of subsection (b) for corporations or | ||
subparagraph (E) of paragraph (2) of subsection (c) for | ||
trusts and estates, exceed subtraction modifications, an | ||
addition modification must be made under those | ||
subparagraphs for any other taxable year to which the | ||
taxable income less than zero (net operating loss) is | ||
applied under Section 172 of the Internal Revenue Code or | ||
under subparagraph (E) of paragraph (2) of this subsection | ||
(e) applied in conjunction with Section 172 of the | ||
Internal Revenue Code. | ||
(2) Special rule. For purposes of paragraph (1) of | ||
this subsection, the taxable income properly reportable | ||
for federal income tax purposes shall mean: | ||
(A) Certain life insurance companies. In the case | ||
of a life insurance company subject to the tax imposed | ||
by Section 801 of the Internal Revenue Code, life | ||
insurance company taxable income, plus the amount of | ||
distribution from pre-1984 policyholder surplus | ||
accounts as calculated under Section 815a of the |
Internal Revenue Code; | ||
(B) Certain other insurance companies. In the case | ||
of mutual insurance companies subject to the tax | ||
imposed by Section 831 of the Internal Revenue Code, | ||
insurance company taxable income; | ||
(C) Regulated investment companies. In the case of | ||
a regulated investment company subject to the tax | ||
imposed by Section 852 of the Internal Revenue Code, | ||
investment company taxable income; | ||
(D) Real estate investment trusts. In the case of | ||
a real estate investment trust subject to the tax | ||
imposed by Section 857 of the Internal Revenue Code, | ||
real estate investment trust taxable income; | ||
(E) Consolidated corporations. In the case of a | ||
corporation which is a member of an affiliated group | ||
of corporations filing a consolidated income tax | ||
return for the taxable year for federal income tax | ||
purposes, taxable income determined as if such | ||
corporation had filed a separate return for federal | ||
income tax purposes for the taxable year and each | ||
preceding taxable year for which it was a member of an | ||
affiliated group. For purposes of this subparagraph, | ||
the taxpayer's separate taxable income shall be | ||
determined as if the election provided by Section | ||
243(b)(2) of the Internal Revenue Code had been in | ||
effect for all such years; |
(F) Cooperatives. In the case of a cooperative | ||
corporation or association, the taxable income of such | ||
organization determined in accordance with the | ||
provisions of Section 1381 through 1388 of the | ||
Internal Revenue Code, but without regard to the | ||
prohibition against offsetting losses from patronage | ||
activities against income from nonpatronage | ||
activities; except that a cooperative corporation or | ||
association may make an election to follow its federal | ||
income tax treatment of patronage losses and | ||
nonpatronage losses. In the event such election is | ||
made, such losses shall be computed and carried over | ||
in a manner consistent with subsection (a) of Section | ||
207 of this Act and apportioned by the apportionment | ||
factor reported by the cooperative on its Illinois | ||
income tax return filed for the taxable year in which | ||
the losses are incurred. The election shall be | ||
effective for all taxable years with original returns | ||
due on or after the date of the election. In addition, | ||
the cooperative may file an amended return or returns, | ||
as allowed under this Act, to provide that the | ||
election shall be effective for losses incurred or | ||
carried forward for taxable years occurring prior to | ||
the date of the election. Once made, the election may | ||
only be revoked upon approval of the Director. The | ||
Department shall adopt rules setting forth |
requirements for documenting the elections and any | ||
resulting Illinois net loss and the standards to be | ||
used by the Director in evaluating requests to revoke | ||
elections. Public Act 96-932 is declaratory of | ||
existing law; | ||
(G) Subchapter S corporations. In the case of: (i) | ||
a Subchapter S corporation for which there is in | ||
effect an election for the taxable year under Section | ||
1362 of the Internal Revenue Code, the taxable income | ||
of such corporation determined in accordance with | ||
Section 1363(b) of the Internal Revenue Code, except | ||
that taxable income shall take into account those | ||
items which are required by Section 1363(b)(1) of the | ||
Internal Revenue Code to be separately stated; and | ||
(ii) a Subchapter S corporation for which there is in | ||
effect 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, the taxable income of | ||
such corporation determined in accordance with the | ||
federal Subchapter S rules as in effect on July 1, | ||
1982; and | ||
(H) Partnerships. In the case of a partnership, | ||
taxable income determined in accordance with Section | ||
703 of the Internal Revenue Code, except that taxable | ||
income shall take into account those items which are |
required by Section 703(a)(1) to be separately stated | ||
but which would be taken into account by an individual | ||
in calculating his taxable income. | ||
(3) Recapture of business expenses on disposition of | ||
asset or business. Notwithstanding any other law to the | ||
contrary, if in prior years income from an asset or | ||
business has been classified as business income and in a | ||
later year is demonstrated to be non-business income, then | ||
all expenses, without limitation, deducted in such later | ||
year and in the 2 immediately preceding taxable years | ||
related to that asset or business that generated the | ||
non-business income shall be added back and recaptured as | ||
business income in the year of the disposition of the | ||
asset or business. Such amount shall be apportioned to | ||
Illinois using the greater of the apportionment fraction | ||
computed for the business under Section 304 of this Act | ||
for the taxable year or the average of the apportionment | ||
fractions computed for the business under Section 304 of | ||
this Act for the taxable year and for the 2 immediately | ||
preceding taxable years. | ||
(f) Valuation limitation amount. | ||
(1) In general. The valuation limitation amount | ||
referred to in subsections (a)(2)(G), (c)(2)(I) and | ||
(d)(2)(E) is an amount equal to: | ||
(A) The sum of the pre-August 1, 1969 appreciation |
amounts (to the extent consisting of gain reportable | ||
under the provisions of Section 1245 or 1250 of the | ||
Internal Revenue Code) for all property in respect of | ||
which such gain was reported for the taxable year; | ||
plus | ||
(B) The lesser of (i) the sum of the pre-August 1, | ||
1969 appreciation amounts (to the extent consisting of | ||
capital gain) for all property in respect of which | ||
such gain was reported for federal income tax purposes | ||
for the taxable year, or (ii) the net capital gain for | ||
the taxable year, reduced in either case by any amount | ||
of such gain included in the amount determined under | ||
subsection (a)(2)(F) or (c)(2)(H). | ||
(2) Pre-August 1, 1969 appreciation amount. | ||
(A) If the fair market value of property referred | ||
to in paragraph (1) was readily ascertainable on | ||
August 1, 1969, the pre-August 1, 1969 appreciation | ||
amount for such property is the lesser of (i) the | ||
excess of such fair market value over the taxpayer's | ||
basis (for determining gain) for such property on that | ||
date (determined under the Internal Revenue Code as in | ||
effect on that date), or (ii) the total gain realized | ||
and reportable for federal income tax purposes in | ||
respect of the sale, exchange or other disposition of | ||
such property. | ||
(B) If the fair market value of property referred |
to in paragraph (1) was not readily ascertainable on | ||
August 1, 1969, the pre-August 1, 1969 appreciation | ||
amount for such property is that amount which bears | ||
the same ratio to the total gain reported in respect of | ||
the property for federal income tax purposes for the | ||
taxable year, as the number of full calendar months in | ||
that part of the taxpayer's holding period for the | ||
property ending July 31, 1969 bears to the number of | ||
full calendar months in the taxpayer's entire holding | ||
period for the property. | ||
(C) The Department shall prescribe such | ||
regulations as may be necessary to carry out the | ||
purposes of this paragraph. | ||
(g) Double deductions. Unless specifically provided | ||
otherwise, nothing in this Section shall permit the same item | ||
to be deducted more than once. | ||
(h) Legislative intention. Except as expressly provided by | ||
this Section there shall be no modifications or limitations on | ||
the amounts of income, gain, loss or deduction taken into | ||
account in determining gross income, adjusted gross income or | ||
taxable income for federal income tax purposes for the taxable | ||
year, or in the amount of such items entering into the | ||
computation of base income and net income under this Act for | ||
such taxable year, whether in respect of property values as of |
August 1, 1969 or otherwise. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; | ||
102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. | ||
12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised | ||
9-26-23.) | ||
(35 ILCS 5/228) | ||
Sec. 228. Historic preservation credit. For tax years | ||
beginning on or after January 1, 2019 and ending on or before | ||
December 31, 2028, a taxpayer who qualifies for a credit under | ||
the Historic Preservation Tax Credit Act is entitled to a | ||
credit against the taxes imposed under subsections (a) and (b) | ||
of Section 201 of this Act as provided in that Act. For taxable | ||
years ending before December 31, 2023, if the taxpayer is a | ||
partnership, Subchapter S corporation, or a limited liability | ||
company , the credit shall be allowed to the partners, | ||
shareholders, or members in accordance with the determination | ||
of income and distributive share of income under Sections 702 | ||
and 704 and Subchapter S of the Internal Revenue Code provided | ||
that credits granted to a partnership, a limited liability | ||
company taxed as a partnership, or other multiple owners of | ||
property shall be passed through to the partners, members, or | ||
owners respectively on a pro rata basis or pursuant to an | ||
executed agreement among the partners, members, or owners | ||
documenting any alternate distribution method. For taxable | ||
years ending on or after December 31, 2023, if the taxpayer is |
a partnership or a Subchapter S corporation, then the | ||
provisions of Section 251 apply. If the amount of any tax | ||
credit awarded under this Section exceeds the qualified | ||
taxpayer's income tax liability for the year in which the | ||
qualified rehabilitation plan was placed in service, the | ||
excess amount may be carried forward as provided in the | ||
Historic Preservation Tax Credit Act. | ||
(Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23; | ||
103-396, eff. 1-1-24; revised 12-12-23.) | ||
(35 ILCS 5/237) | ||
Sec. 237. REV Illinois Investment Tax credits. | ||
(a) For tax years beginning on or after November 16, 2021 | ||
( the effective date of Public Act 102-669) this amendatory Act | ||
of the 102nd General Assembly , a taxpayer shall be allowed a | ||
credit against the tax imposed by subsections (a) and (b) of | ||
Section 201 for investment in qualified property which is | ||
placed in service at the site of a REV Illinois Project subject | ||
to an agreement between the taxpayer and the Department of | ||
Commerce and Economic Opportunity pursuant to the Reimagining | ||
Energy and Vehicles in Illinois Act. For taxable years ending | ||
before December 31, 2023, for partners, shareholders of | ||
Subchapter S corporations, and owners of limited liability | ||
companies, if the liability company is treated as a | ||
partnership for purposes of federal and State income taxation, | ||
there shall be allowed a credit under this Section to be |
determined in accordance with the determination of income and | ||
distributive share of income under Sections 702 and 704 and | ||
Subchapter S of the Internal Revenue Code. For taxable years | ||
ending on or after December 31, 2023, partners and | ||
shareholders of subchapter S corporations are entitled to a | ||
credit under this Section as provided in Section 251. The | ||
credit shall be 0.5% of the basis for such property. The credit | ||
shall be available only in the taxable year in which the | ||
property is placed in service and shall not be allowed to the | ||
extent that it would reduce a taxpayer's liability for the tax | ||
imposed by subsections (a) and (b) of Section 201 to below | ||
zero. The credit shall be allowed for the tax year in which the | ||
property is placed in service, or, if the amount of the credit | ||
exceeds the tax liability for that year, whether it exceeds | ||
the original liability or the liability as later amended, such | ||
excess may be carried forward and applied to the tax liability | ||
of the 5 taxable years following the excess credit year. The | ||
credit shall be applied to the earliest year for which there is | ||
a liability. If there is credit from more than one tax year | ||
that is available to offset a liability, the credit accruing | ||
first in time shall be applied first. | ||
(b) The term qualified property means property which: | ||
(1) is tangible, whether new or used, including | ||
buildings and structural components of buildings; | ||
(2) is depreciable pursuant to Section 167 of the | ||
Internal Revenue Code, except that "3-year property" as |
defined in Section 168(c)(2)(A) of that Code is not | ||
eligible for the credit provided by this Section; | ||
(3) is acquired by purchase as defined in Section | ||
179(d) of the Internal Revenue Code; | ||
(4) is used at the site of the REV Illinois Project by | ||
the taxpayer; and | ||
(5) has not been previously used in Illinois in such a | ||
manner and by such a person as would qualify for the credit | ||
provided by this Section. | ||
(c) The basis of qualified property shall be the basis | ||
used to compute the depreciation deduction for federal income | ||
tax purposes. | ||
(d) If the basis of the property for federal income tax | ||
depreciation purposes is increased after it has been placed in | ||
service at the site of the REV Illinois Project by the | ||
taxpayer, the amount of such increase shall be deemed property | ||
placed in service on the date of such increase in basis. | ||
(e) The term "placed in service" shall have the same | ||
meaning as under Section 46 of the Internal Revenue Code. | ||
(f) If during any taxable year, any property ceases to be | ||
qualified property in the hands of the taxpayer within 48 | ||
months after being placed in service, or the situs of any | ||
qualified property is moved from the REV Illinois Project site | ||
within 48 months after being placed in service, the tax | ||
imposed under subsections (a) and (b) of Section 201 for such | ||
taxable year shall be increased. Such increase shall be |
determined by (i) recomputing the investment credit which | ||
would have been allowed for the year in which credit for such | ||
property was originally allowed by eliminating such property | ||
from such computation, and (ii) subtracting such recomputed | ||
credit from the amount of credit previously allowed. For the | ||
purposes of this subsection (f), a reduction of the basis of | ||
qualified property resulting from a redetermination of the | ||
purchase price shall be deemed a disposition of qualified | ||
property to the extent of such reduction. | ||
(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23; | ||
103-396, eff. 1-1-24; revised 12-12-23.) | ||
Section 185. The Manufacturing Illinois Chips for Real | ||
Opportunity (MICRO) Act is amended by changing Sections 110-30 | ||
and 110-40 as follows: | ||
(35 ILCS 45/110-30) | ||
Sec. 110-30. Tax credit awards. | ||
(a) Subject to the conditions set forth in this Act, a | ||
taxpayer is entitled to a credit against the tax imposed | ||
pursuant to subsections (a) and (b) of Section 201 of the | ||
Illinois Income Tax Act for a taxable year beginning on or | ||
after January 1, 2025 if the taxpayer is awarded a credit by | ||
the Department in accordance with an agreement under this Act. | ||
The Department has authority to award credits under this Act | ||
on and after January 1, 2023. |
(b) A taxpayer may receive a tax credit against the tax | ||
imposed under subsections (a) and (b) of Section 201 of the | ||
Illinois Income Tax Act, not to exceed the sum of (i) 75% of | ||
the incremental income tax attributable to new employees at | ||
the applicant's project and (ii) 10% of the training costs of | ||
the new employees. If the project is located in an underserved | ||
area or an energy transition area, then the amount of the | ||
credit may not exceed the sum of (i) 100% of the incremental | ||
income tax attributable to new employees at the applicant's | ||
project; and (ii) 10% of the training costs of the new | ||
employees. The percentage of training costs includable in the | ||
calculation may be increased by an additional 15% for training | ||
costs associated with new employees that are recent (2 years | ||
or less) graduates, certificate holders, or credential | ||
recipients from an institution of higher education in | ||
Illinois, or, if the training is provided by an institution of | ||
higher education in Illinois, the Clean Jobs Workforce Network | ||
Program, or an apprenticeship and training program located in | ||
Illinois and approved by and registered with the United States | ||
Department of Labor's Bureau of Apprenticeship and Training. | ||
An applicant is also eligible for a training credit that shall | ||
not exceed 10% of the training costs of retained employees for | ||
the purpose of upskilling to meet the operational needs of the | ||
applicant or the project. The percentage of training costs | ||
includable in the calculation shall not exceed a total of 25%. | ||
If an applicant agrees to hire the required number of new |
employees, then the maximum amount of the credit for that | ||
applicant may be increased by an amount not to exceed 75% of | ||
the incremental income tax attributable to retained employees | ||
at the applicant's project; provided that, in order to receive | ||
the increase for retained employees, the applicant must, if | ||
applicable, meet or exceed the statewide baseline. If the | ||
Project is in an underserved area or an energy transition | ||
area, the maximum amount of the credit attributable to | ||
retained employees for the applicant may be increased to an | ||
amount not to exceed 100% of the incremental income tax | ||
attributable to retained employees at the applicant's project; | ||
provided that, in order to receive the increase for retained | ||
employees, the applicant must meet or exceed the statewide | ||
baseline. Credits awarded may include credit earned for | ||
incremental income tax withheld and training costs incurred by | ||
the taxpayer beginning on or after January 1, 2023. Credits so | ||
earned and certified by the Department may be applied against | ||
the tax imposed by subsections (a) and (b) of Section 201 of | ||
the Illinois Income Tax Act for taxable years beginning on or | ||
after January 1, 2025. | ||
(c) MICRO Construction Jobs Credit. For construction wages | ||
associated with a project that qualified for a credit under | ||
subsection (b), the taxpayer may receive a tax credit against | ||
the tax imposed under subsections (a) and (b) of Section 201 of | ||
the Illinois Income Tax Act in an amount equal to 50% of the | ||
incremental income tax attributable to construction wages paid |
in connection with construction of the project facilities, as | ||
a jobs credit for workers hired to construct the project. | ||
The MICRO Construction Jobs Credit may not exceed 75% of | ||
the amount of the incremental income tax attributable to | ||
construction wages paid in connection with construction of the | ||
project facilities if the project is in an underserved area or | ||
an energy transition area. | ||
(d) The Department shall certify to the Department of | ||
Revenue: (1) the identity of taxpayers that are eligible for | ||
the MICRO Credit and MICRO Construction Jobs Credit; (2) the | ||
amount of the MICRO Credits and MICRO Construction Jobs | ||
Credits awarded in each calendar year; and (3) the amount of | ||
the MICRO Credit and MICRO Construction Jobs Credit claimed in | ||
each calendar year. MICRO Credits awarded may include credit | ||
earned for incremental income tax withheld and training costs | ||
incurred by the taxpayer beginning on or after January 1, | ||
2023. Credits so earned and certified by the Department may be | ||
applied against the tax imposed by Section 201(a) and (b) of | ||
the Illinois Income Tax Act for taxable years beginning on or | ||
after January 1, 2025. | ||
(e) Applicants seeking certification for a tax credits | ||
related to the construction of the project facilities in the | ||
State shall require the contractor to enter into a project | ||
labor agreement that conforms with the Project Labor | ||
Agreements Act. | ||
(f) Any applicant issued a certificate for a tax credit or |
tax exemption under this Act must annually report to the | ||
Department the total project tax benefits received. Reports | ||
are due no later than May 31 of each year and shall cover the | ||
previous calendar year. The first report is for the 2023 | ||
calendar year and is due no later than May 31, 2023. For | ||
applicants issued a certificate of exemption under Section | ||
110-105 of this Act, the report shall be the same as required | ||
for a High Impact Business under subsection (a-5) of Section | ||
8.1 of the Illinois Enterprise Zone Act. Each person required | ||
to file a return under the Gas Revenue Tax Act, the Electricity | ||
Excise Tax Act, or the Telecommunications Excise Tax Act shall | ||
file a report on customers issued an exemption certificate | ||
under Section 110-95 of this Act in the same manner and form as | ||
they are required to report under subsection (b) of Section | ||
8.1 of the Illinois Enterprise Zone Act. | ||
(g) Nothing in this Act shall prohibit an award of credit | ||
to an applicant that uses a PEO if all other award criteria are | ||
satisfied. | ||
(h) With respect to any portion of a credit that is based | ||
on the incremental income tax attributable to new employees or | ||
retained employees, in lieu of the credit allowed under this | ||
Act against the taxes imposed pursuant to subsections (a) and | ||
(b) of Section 201 of the Illinois Income Tax Act, a taxpayer | ||
that otherwise meets the criteria set forth in this Section, | ||
the taxpayer may elect to claim the credit, on or after January | ||
1, 2025, against its obligation to pay over withholding under |
Section 704A of the Illinois Income Tax Act. The election | ||
shall be made in the manner prescribed by the Department of | ||
Revenue and once made shall be irrevocable. | ||
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||
revised 4-5-23.) | ||
(35 ILCS 45/110-40) | ||
Sec. 110-40. Amount and duration of the credits; | ||
limitation to amount of costs of specified items. The | ||
Department shall determine the amount and duration of the | ||
credit awarded under this Act, subject to the limitations set | ||
forth in this Act. For a project that qualified under | ||
paragraph (1), (2), or (4) of subsection (c) of Section | ||
110-20, the duration of the credit may not exceed 15 taxable | ||
years, with an option to renew the agreement for no more than | ||
one term not to exceed an additional 15 taxable years. For a | ||
project that qualified under paragraph (3) of subsection (c) | ||
of Section 110-20, the duration of the credit may not exceed 10 | ||
taxable years, with an option to renew the agreement for no | ||
more than one term not to exceed an additional 10 taxable | ||
years. The credit may be stated as a percentage of the | ||
incremental income tax and training costs attributable to the | ||
applicant's project and may include a fixed dollar limitation. | ||
Nothing in this Section shall prevent the Department, in | ||
consultation with the Department of Revenue, from adopting | ||
rules to extend the sunset of any earned, existing, and unused |
tax credit or credits a taxpayer may be in possession of. | ||
(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||
revised 4-5-23.) | ||
Section 190. The Use Tax Act is amended by changing | ||
Section 3-5 as follows: | ||
(35 ILCS 105/3-5) | ||
Sec. 3-5. Exemptions. Use of the following tangible | ||
personal property is exempt from the tax imposed by this Act: | ||
(1) Personal property purchased from a corporation, | ||
society, association, foundation, institution, or | ||
organization, other than a limited liability company, that is | ||
organized and operated as a not-for-profit service enterprise | ||
for the benefit of persons 65 years of age or older if the | ||
personal property was not purchased by the enterprise for the | ||
purpose of resale by the enterprise. | ||
(2) Personal property purchased by a not-for-profit | ||
Illinois county fair association for use in conducting, | ||
operating, or promoting the county fair. | ||
(3) Personal property purchased by a not-for-profit arts | ||
or cultural organization that establishes, by proof required | ||
by the Department by rule, that it has received an exemption | ||
under Section 501(c)(3) of the Internal Revenue Code and that | ||
is organized and operated primarily for the presentation or | ||
support of arts or cultural programming, activities, or |
services. These organizations include, but are not limited to, | ||
music and dramatic arts organizations such as symphony | ||
orchestras and theatrical groups, arts and cultural service | ||
organizations, local arts councils, visual arts organizations, | ||
and media arts organizations. On and after July 1, 2001 (the | ||
effective date of Public Act 92-35), however, an entity | ||
otherwise eligible for this exemption shall not make tax-free | ||
purchases unless it has an active identification number issued | ||
by the Department. | ||
(4) Except as otherwise provided in this Act, personal | ||
property purchased by a governmental body, by a corporation, | ||
society, association, foundation, or institution organized and | ||
operated exclusively for charitable, religious, or educational | ||
purposes, or by a not-for-profit corporation, society, | ||
association, foundation, institution, or organization that has | ||
no compensated officers or employees and that is organized and | ||
operated primarily for the recreation of persons 55 years of | ||
age or older. A limited liability company may qualify for the | ||
exemption under this paragraph only if the limited liability | ||
company is organized and operated exclusively for educational | ||
purposes. On and after July 1, 1987, however, no entity | ||
otherwise eligible for this exemption shall make tax-free | ||
purchases unless it has an active exemption identification | ||
number issued by the Department. | ||
(5) Until July 1, 2003, a passenger car that is a | ||
replacement vehicle to the extent that the purchase price of |
the car is subject to the Replacement Vehicle Tax. | ||
(6) Until July 1, 2003 and beginning again on September 1, | ||
2004 through August 30, 2014, graphic arts machinery and | ||
equipment, including repair and replacement parts, both new | ||
and used, and including that manufactured on special order, | ||
certified by the purchaser to be used primarily for graphic | ||
arts production, and including machinery and equipment | ||
purchased for lease. Equipment includes chemicals or chemicals | ||
acting as catalysts but only if the chemicals or chemicals | ||
acting as catalysts effect a direct and immediate change upon | ||
a graphic arts product. Beginning on July 1, 2017, graphic | ||
arts machinery and equipment is included in the manufacturing | ||
and assembling machinery and equipment exemption under | ||
paragraph (18). | ||
(7) Farm chemicals. | ||
(8) Legal tender, currency, medallions, or gold or silver | ||
coinage issued by the State of Illinois, the government of the | ||
United States of America, or the government of any foreign | ||
country, and bullion. | ||
(9) Personal property purchased from a teacher-sponsored | ||
student organization affiliated with an elementary or | ||
secondary school located in Illinois. | ||
(10) A motor vehicle that is used for automobile renting, | ||
as defined in the Automobile Renting Occupation and Use Tax | ||
Act. | ||
(11) Farm machinery and equipment, both new and used, |
including that manufactured on special order, certified by the | ||
purchaser to be used primarily for production agriculture or | ||
State or federal agricultural programs, including individual | ||
replacement parts for the machinery and equipment, including | ||
machinery and equipment purchased for lease, and including | ||
implements of husbandry defined in Section 1-130 of the | ||
Illinois Vehicle Code, farm machinery and agricultural | ||
chemical and fertilizer spreaders, and nurse wagons required | ||
to be registered under Section 3-809 of the Illinois Vehicle | ||
Code, but excluding other motor vehicles required to be | ||
registered under the Illinois Vehicle Code. Horticultural | ||
polyhouses or hoop houses used for propagating, growing, or | ||
overwintering plants shall be considered farm machinery and | ||
equipment under this item (11). Agricultural chemical tender | ||
tanks and dry boxes shall include units sold separately from a | ||
motor vehicle required to be licensed and units sold mounted | ||
on a motor vehicle required to be licensed if the selling price | ||
of the tender is separately stated. | ||
Farm machinery and equipment shall include precision | ||
farming equipment that is installed or purchased to be | ||
installed on farm machinery and equipment , including, but not | ||
limited to, tractors, harvesters, sprayers, planters, seeders, | ||
or spreaders. Precision farming equipment includes, but is not | ||
limited to, soil testing sensors, computers, monitors, | ||
software, global positioning and mapping systems, and other | ||
such equipment. |
Farm machinery and equipment also includes computers, | ||
sensors, software, and related equipment used primarily in the | ||
computer-assisted operation of production agriculture | ||
facilities, equipment, and activities such as, but not limited | ||
to, the collection, monitoring, and correlation of animal and | ||
crop data for the purpose of formulating animal diets and | ||
agricultural chemicals. | ||
Beginning on January 1, 2024, farm machinery and equipment | ||
also includes electrical power generation equipment used | ||
primarily for production agriculture. | ||
This item (11) is exempt from the provisions of Section | ||
3-90. | ||
(12) Until June 30, 2013, fuel and petroleum products sold | ||
to or used by an air common carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a flight | ||
destined for or returning from a location or locations outside | ||
the United States without regard to previous or subsequent | ||
domestic stopovers. | ||
Beginning July 1, 2013, fuel and petroleum products sold | ||
to or used by an air carrier, certified by the carrier to be | ||
used for consumption, shipment, or storage in the conduct of | ||
its business as an air common carrier, for a flight that (i) is | ||
engaged in foreign trade or is engaged in trade between the | ||
United States and any of its possessions and (ii) transports | ||
at least one individual or package for hire from the city of |
origination to the city of final destination on the same | ||
aircraft, without regard to a change in the flight number of | ||
that aircraft. | ||
(13) Proceeds of mandatory service charges separately | ||
stated on customers' bills for the purchase and consumption of | ||
food and beverages purchased at retail from a retailer, to the | ||
extent that the proceeds of the service charge are in fact | ||
turned over as tips or as a substitute for tips to the | ||
employees who participate directly in preparing, serving, | ||
hosting or cleaning up the food or beverage function with | ||
respect to which the service charge is imposed. | ||
(14) Until July 1, 2003, oil field exploration, drilling, | ||
and production equipment, including (i) rigs and parts of | ||
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||
pipe and tubular goods, including casing and drill strings, | ||
(iii) pumps and pump-jack units, (iv) storage tanks and flow | ||
lines, (v) any individual replacement part for oil field | ||
exploration, drilling, and production equipment, and (vi) | ||
machinery and equipment purchased for lease; but excluding | ||
motor vehicles required to be registered under the Illinois | ||
Vehicle Code. | ||
(15) Photoprocessing machinery and equipment, including | ||
repair and replacement parts, both new and used, including | ||
that manufactured on special order, certified by the purchaser | ||
to be used primarily for photoprocessing, and including | ||
photoprocessing machinery and equipment purchased for lease. |
(16) Until July 1, 2028, coal and aggregate exploration, | ||
mining, off-highway hauling, processing, maintenance, and | ||
reclamation equipment, including replacement parts and | ||
equipment, and including equipment purchased for lease, but | ||
excluding motor vehicles required to be registered under the | ||
Illinois Vehicle Code. The changes made to this Section by | ||
Public Act 97-767 apply on and after July 1, 2003, but no claim | ||
for credit or refund is allowed on or after August 16, 2013 | ||
(the effective date of Public Act 98-456) for such taxes paid | ||
during the period beginning July 1, 2003 and ending on August | ||
16, 2013 (the effective date of Public Act 98-456). | ||
(17) Until July 1, 2003, distillation machinery and | ||
equipment, sold as a unit or kit, assembled or installed by the | ||
retailer, certified by the user to be used only for the | ||
production of ethyl alcohol that will be used for consumption | ||
as motor fuel or as a component of motor fuel for the personal | ||
use of the user, and not subject to sale or resale. | ||
(18) Manufacturing and assembling machinery and equipment | ||
used primarily in the process of manufacturing or assembling | ||
tangible personal property for wholesale or retail sale or | ||
lease, whether that sale or lease is made directly by the | ||
manufacturer or by some other person, whether the materials | ||
used in the process are owned by the manufacturer or some other | ||
person, or whether that sale or lease is made apart from or as | ||
an incident to the seller's engaging in the service occupation | ||
of producing machines, tools, dies, jigs, patterns, gauges, or |
other similar items of no commercial value on special order | ||
for a particular purchaser. The exemption provided by this | ||
paragraph (18) includes production related tangible personal | ||
property, as defined in Section 3-50, purchased on or after | ||
July 1, 2019. The exemption provided by this paragraph (18) | ||
does not include machinery and equipment used in (i) the | ||
generation of electricity for wholesale or retail sale; (ii) | ||
the generation or treatment of natural or artificial gas for | ||
wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment of | ||
water for wholesale or retail sale that is delivered to | ||
customers through pipes, pipelines, or mains. The provisions | ||
of Public Act 98-583 are declaratory of existing law as to the | ||
meaning and scope of this exemption. Beginning on July 1, | ||
2017, the exemption provided by this paragraph (18) includes, | ||
but is not limited to, graphic arts machinery and equipment, | ||
as defined in paragraph (6) of this Section. | ||
(19) Personal property delivered to a purchaser or | ||
purchaser's donee inside Illinois when the purchase order for | ||
that personal property was received by a florist located | ||
outside Illinois who has a florist located inside Illinois | ||
deliver the personal property. | ||
(20) Semen used for artificial insemination of livestock | ||
for direct agricultural production. | ||
(21) Horses, or interests in horses, registered with and | ||
meeting the requirements of any of the Arabian Horse Club |
Registry of America, Appaloosa Horse Club, American Quarter | ||
Horse Association, United States Trotting Association, or | ||
Jockey Club, as appropriate, used for purposes of breeding or | ||
racing for prizes. This item (21) is exempt from the | ||
provisions of Section 3-90, and the exemption provided for | ||
under this item (21) applies for all periods beginning May 30, | ||
1995, but no claim for credit or refund is allowed on or after | ||
January 1, 2008 for such taxes paid during the period | ||
beginning May 30, 2000 and ending on January 1, 2008. | ||
(22) Computers and communications equipment utilized for | ||
any hospital purpose and equipment used in the diagnosis, | ||
analysis, or treatment of hospital patients purchased by a | ||
lessor who leases the equipment, under a lease of one year or | ||
longer executed or in effect at the time the lessor would | ||
otherwise be subject to the tax imposed by this Act, to a | ||
hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. If the equipment is leased | ||
in a manner that does not qualify for this exemption or is used | ||
in any other non-exempt manner, the lessor shall be liable for | ||
the tax imposed under this Act or the Service Use Tax Act, as | ||
the case may be, based on the fair market value of the property | ||
at the time the non-qualifying use occurs. No lessor shall | ||
collect or attempt to collect an amount (however designated) | ||
that purports to reimburse that lessor for the tax imposed by | ||
this Act or the Service Use Tax Act, as the case may be, if the |
tax has not been paid by the lessor. If a lessor improperly | ||
collects any such amount from the lessee, the lessee shall | ||
have a legal right to claim a refund of that amount from the | ||
lessor. If, however, that amount is not refunded to the lessee | ||
for any reason, the lessor is liable to pay that amount to the | ||
Department. | ||
(23) Personal property purchased by a lessor who leases | ||
the property, under a lease of one year or longer executed or | ||
in effect at the time the lessor would otherwise be subject to | ||
the tax imposed by this Act, to a governmental body that has | ||
been issued an active sales tax exemption identification | ||
number by the Department under Section 1g of the Retailers' | ||
Occupation Tax Act. If the property is leased in a manner that | ||
does not qualify for this exemption or used in any other | ||
non-exempt manner, the lessor shall be liable for the tax | ||
imposed under this Act or the Service Use Tax Act, as the case | ||
may be, based on the fair market value of the property at the | ||
time the non-qualifying use occurs. No lessor shall collect or | ||
attempt to collect an amount (however designated) that | ||
purports to reimburse that lessor for the tax imposed by this | ||
Act or the Service Use Tax Act, as the case may be, if the tax | ||
has not been paid by the lessor. If a lessor improperly | ||
collects any such amount from the lessee, the lessee shall | ||
have a legal right to claim a refund of that amount from the | ||
lessor. If, however, that amount is not refunded to the lessee | ||
for any reason, the lessor is liable to pay that amount to the |
Department. | ||
(24) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is donated | ||
for disaster relief to be used in a State or federally declared | ||
disaster area in Illinois or bordering Illinois by a | ||
manufacturer or retailer that is registered in this State to a | ||
corporation, society, association, foundation, or institution | ||
that has been issued a sales tax exemption identification | ||
number by the Department that assists victims of the disaster | ||
who reside within the declared disaster area. | ||
(25) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is used in | ||
the performance of infrastructure repairs in this State, | ||
including , but not limited to , municipal roads and streets, | ||
access roads, bridges, sidewalks, waste disposal systems, | ||
water and sewer line extensions, water distribution and | ||
purification facilities, storm water drainage and retention | ||
facilities, and sewage treatment facilities, resulting from a | ||
State or federally declared disaster in Illinois or bordering | ||
Illinois when such repairs are initiated on facilities located | ||
in the declared disaster area within 6 months after the | ||
disaster. | ||
(26) Beginning July 1, 1999, game or game birds purchased | ||
at a "game breeding and hunting preserve area" as that term is |
used in the Wildlife Code. This paragraph is exempt from the | ||
provisions of Section 3-90. | ||
(27) A motor vehicle, as that term is defined in Section | ||
1-146 of the Illinois Vehicle Code, that is donated to a | ||
corporation, limited liability company, society, association, | ||
foundation, or institution that is determined by the | ||
Department to be organized and operated exclusively for | ||
educational purposes. For purposes of this exemption, "a | ||
corporation, limited liability company, society, association, | ||
foundation, or institution organized and operated exclusively | ||
for educational purposes" means all tax-supported public | ||
schools, private schools that offer systematic instruction in | ||
useful branches of learning by methods common to public | ||
schools and that compare favorably in their scope and | ||
intensity with the course of study presented in tax-supported | ||
schools, and vocational or technical schools or institutes | ||
organized and operated exclusively to provide a course of | ||
study of not less than 6 weeks duration and designed to prepare | ||
individuals to follow a trade or to pursue a manual, | ||
technical, mechanical, industrial, business, or commercial | ||
occupation. | ||
(28) Beginning January 1, 2000, personal property, | ||
including food, purchased through fundraising events for the | ||
benefit of a public or private elementary or secondary school, | ||
a group of those schools, or one or more school districts if | ||
the events are sponsored by an entity recognized by the school |
district that consists primarily of volunteers and includes | ||
parents and teachers of the school children. This paragraph | ||
does not apply to fundraising events (i) for the benefit of | ||
private home instruction or (ii) for which the fundraising | ||
entity purchases the personal property sold at the events from | ||
another individual or entity that sold the property for the | ||
purpose of resale by the fundraising entity and that profits | ||
from the sale to the fundraising entity. This paragraph is | ||
exempt from the provisions of Section 3-90. | ||
(29) Beginning January 1, 2000 and through December 31, | ||
2001, new or used automatic vending machines that prepare and | ||
serve hot food and beverages, including coffee, soup, and | ||
other items, and replacement parts for these machines. | ||
Beginning January 1, 2002 and through June 30, 2003, machines | ||
and parts for machines used in commercial, coin-operated | ||
amusement and vending business if a use or occupation tax is | ||
paid on the gross receipts derived from the use of the | ||
commercial, coin-operated amusement and vending machines. This | ||
paragraph is exempt from the provisions of Section 3-90. | ||
(30) Beginning January 1, 2001 and through June 30, 2016, | ||
food for human consumption that is to be consumed off the | ||
premises where it is sold (other than alcoholic beverages, | ||
soft drinks, and food that has been prepared for immediate | ||
consumption) and prescription and nonprescription medicines, | ||
drugs, medical appliances, and insulin, urine testing | ||
materials, syringes, and needles used by diabetics, for human |
use, when purchased for use by a person receiving medical | ||
assistance under Article V of the Illinois Public Aid Code who | ||
resides in a licensed long-term care facility, as defined in | ||
the Nursing Home Care Act, or in a licensed facility as defined | ||
in the ID/DD Community Care Act, the MC/DD Act, or the | ||
Specialized Mental Health Rehabilitation Act of 2013. | ||
(31) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), computers and communications equipment | ||
utilized for any hospital purpose and equipment used in the | ||
diagnosis, analysis, or treatment of hospital patients | ||
purchased by a lessor who leases the equipment, under a lease | ||
of one year or longer executed or in effect at the time the | ||
lessor would otherwise be subject to the tax imposed by this | ||
Act, to a hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. If the equipment is leased | ||
in a manner that does not qualify for this exemption or is used | ||
in any other nonexempt manner, the lessor shall be liable for | ||
the tax imposed under this Act or the Service Use Tax Act, as | ||
the case may be, based on the fair market value of the property | ||
at the time the nonqualifying use occurs. No lessor shall | ||
collect or attempt to collect an amount (however designated) | ||
that purports to reimburse that lessor for the tax imposed by | ||
this Act or the Service Use Tax Act, as the case may be, if the | ||
tax has not been paid by the lessor. If a lessor improperly | ||
collects any such amount from the lessee, the lessee shall |
have a legal right to claim a refund of that amount from the | ||
lessor. If, however, that amount is not refunded to the lessee | ||
for any reason, the lessor is liable to pay that amount to the | ||
Department. This paragraph is exempt from the provisions of | ||
Section 3-90. | ||
(32) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), personal property purchased by a lessor | ||
who leases the property, under a lease of one year or longer | ||
executed or in effect at the time the lessor would otherwise be | ||
subject to the tax imposed by this Act, to a governmental body | ||
that has been issued an active sales tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. If the property is leased | ||
in a manner that does not qualify for this exemption or used in | ||
any other nonexempt manner, the lessor shall be liable for the | ||
tax imposed under this Act or the Service Use Tax Act, as the | ||
case may be, based on the fair market value of the property at | ||
the time the nonqualifying use occurs. No lessor shall collect | ||
or attempt to collect an amount (however designated) that | ||
purports to reimburse that lessor for the tax imposed by this | ||
Act or the Service Use Tax Act, as the case may be, if the tax | ||
has not been paid by the lessor. If a lessor improperly | ||
collects any such amount from the lessee, the lessee shall | ||
have a legal right to claim a refund of that amount from the | ||
lessor. If, however, that amount is not refunded to the lessee | ||
for any reason, the lessor is liable to pay that amount to the |
Department. This paragraph is exempt from the provisions of | ||
Section 3-90. | ||
(33) On and after July 1, 2003 and through June 30, 2004, | ||
the use in this State of motor vehicles of the second division | ||
with a gross vehicle weight in excess of 8,000 pounds and that | ||
are subject to the commercial distribution fee imposed under | ||
Section 3-815.1 of the Illinois Vehicle Code. Beginning on | ||
July 1, 2004 and through June 30, 2005, the use in this State | ||
of motor vehicles of the second division: (i) with a gross | ||
vehicle weight rating in excess of 8,000 pounds; (ii) that are | ||
subject to the commercial distribution fee imposed under | ||
Section 3-815.1 of the Illinois Vehicle Code; and (iii) that | ||
are primarily used for commercial purposes. Through June 30, | ||
2005, this exemption applies to repair and replacement parts | ||
added after the initial purchase of such a motor vehicle if | ||
that motor vehicle is used in a manner that would qualify for | ||
the rolling stock exemption otherwise provided for in this | ||
Act. For purposes of this paragraph, the term "used for | ||
commercial purposes" means the transportation of persons or | ||
property in furtherance of any commercial or industrial | ||
enterprise, whether for-hire or not. | ||
(34) Beginning January 1, 2008, tangible personal property | ||
used in the construction or maintenance of a community water | ||
supply, as defined under Section 3.145 of the Environmental | ||
Protection Act, that is operated by a not-for-profit | ||
corporation that holds a valid water supply permit issued |
under Title IV of the Environmental Protection Act. This | ||
paragraph is exempt from the provisions of Section 3-90. | ||
(35) Beginning January 1, 2010 and continuing through | ||
December 31, 2029, materials, parts, equipment, components, | ||
and furnishings incorporated into or upon an aircraft as part | ||
of the modification, refurbishment, completion, replacement, | ||
repair, or maintenance of the aircraft. This exemption | ||
includes consumable supplies used in the modification, | ||
refurbishment, completion, replacement, repair, and | ||
maintenance of aircraft. However, until January 1, 2024, this | ||
exemption excludes any materials, parts, equipment, | ||
components, and consumable supplies used in the modification, | ||
replacement, repair, and maintenance of aircraft engines or | ||
power plants, whether such engines or power plants are | ||
installed or uninstalled upon any such aircraft. "Consumable | ||
supplies" include, but are not limited to, adhesive, tape, | ||
sandpaper, general purpose lubricants, cleaning solution, | ||
latex gloves, and protective films. | ||
Beginning January 1, 2010 and continuing through December | ||
31, 2023, this exemption applies only to the use of qualifying | ||
tangible personal property by persons who modify, refurbish, | ||
complete, repair, replace, or maintain aircraft and who (i) | ||
hold an Air Agency Certificate and are empowered to operate an | ||
approved repair station by the Federal Aviation | ||
Administration, (ii) have a Class IV Rating, and (iii) conduct | ||
operations in accordance with Part 145 of the Federal Aviation |
Regulations. From January 1, 2024 through December 31, 2029, | ||
this exemption applies only to the use of qualifying tangible | ||
personal property by: (A) persons who modify, refurbish, | ||
complete, repair, replace, or maintain aircraft and who (i) | ||
hold an Air Agency Certificate and are empowered to operate an | ||
approved repair station by the Federal Aviation | ||
Administration, (ii) have a Class IV Rating, and (iii) conduct | ||
operations in accordance with Part 145 of the Federal Aviation | ||
Regulations; and (B) persons who engage in the modification, | ||
replacement, repair, and maintenance of aircraft engines or | ||
power plants without regard to whether or not those persons | ||
meet the qualifications of item (A). | ||
The exemption does not include aircraft operated by a | ||
commercial air carrier providing scheduled passenger air | ||
service pursuant to authority issued under Part 121 or Part | ||
129 of the Federal Aviation Regulations. The changes made to | ||
this paragraph (35) by Public Act 98-534 are declarative of | ||
existing law. It is the intent of the General Assembly that the | ||
exemption under this paragraph (35) applies continuously from | ||
January 1, 2010 through December 31, 2024; however, no claim | ||
for credit or refund is allowed for taxes paid as a result of | ||
the disallowance of this exemption on or after January 1, 2015 | ||
and prior to February 5, 2020 (the effective date of Public Act | ||
101-629). | ||
(36) Tangible personal property purchased by a | ||
public-facilities corporation, as described in Section |
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, but | ||
only if the legal title to the municipal convention hall is | ||
transferred to the municipality without any further | ||
consideration by or on behalf of the municipality at the time | ||
of the completion of the municipal convention hall or upon the | ||
retirement or redemption of any bonds or other debt | ||
instruments issued by the public-facilities corporation in | ||
connection with the development of the municipal convention | ||
hall. This exemption includes existing public-facilities | ||
corporations as provided in Section 11-65-25 of the Illinois | ||
Municipal Code. This paragraph is exempt from the provisions | ||
of Section 3-90. | ||
(37) Beginning January 1, 2017 and through December 31, | ||
2026, menstrual pads, tampons, and menstrual cups. | ||
(38) Merchandise that is subject to the Rental Purchase | ||
Agreement Occupation and Use Tax. The purchaser must certify | ||
that the item is purchased to be rented subject to a | ||
rental-purchase rental purchase agreement, as defined in the | ||
Rental-Purchase Rental Purchase Agreement Act, and provide | ||
proof of registration under the Rental Purchase Agreement | ||
Occupation and Use Tax Act. This paragraph is exempt from the | ||
provisions of Section 3-90. | ||
(39) Tangible personal property purchased by a purchaser | ||
who is exempt from the tax imposed by this Act by operation of | ||
federal law. This paragraph is exempt from the provisions of |
Section 3-90. | ||
(40) Qualified tangible personal property used in the | ||
construction or operation of a data center that has been | ||
granted a certificate of exemption by the Department of | ||
Commerce and Economic Opportunity, whether that tangible | ||
personal property is purchased by the owner, operator, or | ||
tenant of the data center or by a contractor or subcontractor | ||
of the owner, operator, or tenant. Data centers that would | ||
have qualified for a certificate of exemption prior to January | ||
1, 2020 had Public Act 101-31 been in effect may apply for and | ||
obtain an exemption for subsequent purchases of computer | ||
equipment or enabling software purchased or leased to upgrade, | ||
supplement, or replace computer equipment or enabling software | ||
purchased or leased in the original investment that would have | ||
qualified. | ||
The Department of Commerce and Economic Opportunity shall | ||
grant a certificate of exemption under this item (40) to | ||
qualified data centers as defined by Section 605-1025 of the | ||
Department of Commerce and Economic Opportunity Law of the | ||
Civil Administrative Code of Illinois. | ||
For the purposes of this item (40): | ||
"Data center" means a building or a series of | ||
buildings rehabilitated or constructed to house working | ||
servers in one physical location or multiple sites within | ||
the State of Illinois. | ||
"Qualified tangible personal property" means: |
electrical systems and equipment; climate control and | ||
chilling equipment and systems; mechanical systems and | ||
equipment; monitoring and secure systems; emergency | ||
generators; hardware; computers; servers; data storage | ||
devices; network connectivity equipment; racks; cabinets; | ||
telecommunications cabling infrastructure; raised floor | ||
systems; peripheral components or systems; software; | ||
mechanical, electrical, or plumbing systems; battery | ||
systems; cooling systems and towers; temperature control | ||
systems; other cabling; and other data center | ||
infrastructure equipment and systems necessary to operate | ||
qualified tangible personal property, including fixtures; | ||
and component parts of any of the foregoing, including | ||
installation, maintenance, repair, refurbishment, and | ||
replacement of qualified tangible personal property to | ||
generate, transform, transmit, distribute, or manage | ||
electricity necessary to operate qualified tangible | ||
personal property; and all other tangible personal | ||
property that is essential to the operations of a computer | ||
data center. The term "qualified tangible personal | ||
property" also includes building materials physically | ||
incorporated into in to the qualifying data center. To | ||
document the exemption allowed under this Section, the | ||
retailer must obtain from the purchaser a copy of the | ||
certificate of eligibility issued by the Department of | ||
Commerce and Economic Opportunity. |
This item (40) is exempt from the provisions of Section | ||
3-90. | ||
(41) Beginning July 1, 2022, breast pumps, breast pump | ||
collection and storage supplies, and breast pump kits. This | ||
item (41) is exempt from the provisions of Section 3-90. As | ||
used in this item (41): | ||
"Breast pump" means an electrically controlled or | ||
manually controlled pump device designed or marketed to be | ||
used to express milk from a human breast during lactation, | ||
including the pump device and any battery, AC adapter, or | ||
other power supply unit that is used to power the pump | ||
device and is packaged and sold with the pump device at the | ||
time of sale. | ||
"Breast pump collection and storage supplies" means | ||
items of tangible personal property designed or marketed | ||
to be used in conjunction with a breast pump to collect | ||
milk expressed from a human breast and to store collected | ||
milk until it is ready for consumption. | ||
"Breast pump collection and storage supplies" | ||
includes, but is not limited to: breast shields and breast | ||
shield connectors; breast pump tubes and tubing adapters; | ||
breast pump valves and membranes; backflow protectors and | ||
backflow protector adaptors; bottles and bottle caps | ||
specific to the operation of the breast pump; and breast | ||
milk storage bags. | ||
"Breast pump collection and storage supplies" does not |
include: (1) bottles and bottle caps not specific to the | ||
operation of the breast pump; (2) breast pump travel bags | ||
and other similar carrying accessories, including ice | ||
packs, labels, and other similar products; (3) breast pump | ||
cleaning supplies; (4) nursing bras, bra pads, breast | ||
shells, and other similar products; and (5) creams, | ||
ointments, and other similar products that relieve | ||
breastfeeding-related symptoms or conditions of the | ||
breasts or nipples, unless sold as part of a breast pump | ||
kit that is pre-packaged by the breast pump manufacturer | ||
or distributor. | ||
"Breast pump kit" means a kit that: (1) contains no | ||
more than a breast pump, breast pump collection and | ||
storage supplies, a rechargeable battery for operating the | ||
breast pump, a breastmilk cooler, bottle stands, ice | ||
packs, and a breast pump carrying case; and (2) is | ||
pre-packaged as a breast pump kit by the breast pump | ||
manufacturer or distributor. | ||
(42) Tangible personal property sold by or on behalf of | ||
the State Treasurer pursuant to the Revised Uniform Unclaimed | ||
Property Act. This item (42) is exempt from the provisions of | ||
Section 3-90. | ||
(43) Beginning on January 1, 2024, tangible personal | ||
property purchased by an active duty member of the armed | ||
forces of the United States who presents valid military | ||
identification and purchases the property using a form of |
payment where the federal government is the payor. The member | ||
of the armed forces must complete, at the point of sale, a form | ||
prescribed by the Department of Revenue documenting that the | ||
transaction is eligible for the exemption under this | ||
paragraph. Retailers must keep the form as documentation of | ||
the exemption in their records for a period of not less than 6 | ||
years. "Armed forces of the United States" means the United | ||
States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||
This paragraph is exempt from the provisions of Section 3-90. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||
Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5, | ||
eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||
Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5, | ||
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||
revised 12-12-23.) | ||
Section 195. The Service Use Tax Act is amended by | ||
changing Section 3-5 as follows: | ||
(35 ILCS 110/3-5) | ||
Sec. 3-5. Exemptions. Use of the following tangible | ||
personal property is exempt from the tax imposed by this Act: | ||
(1) Personal property purchased from a corporation, | ||
society, association, foundation, institution, or | ||
organization, other than a limited liability company, that is | ||
organized and operated as a not-for-profit service enterprise |
for the benefit of persons 65 years of age or older if the | ||
personal property was not purchased by the enterprise for the | ||
purpose of resale by the enterprise. | ||
(2) Personal property purchased by a non-profit Illinois | ||
county fair association for use in conducting, operating, or | ||
promoting the county fair. | ||
(3) Personal property purchased by a not-for-profit arts | ||
or cultural organization that establishes, by proof required | ||
by the Department by rule, that it has received an exemption | ||
under Section 501(c)(3) of the Internal Revenue Code and that | ||
is organized and operated primarily for the presentation or | ||
support of arts or cultural programming, activities, or | ||
services. These organizations include, but are not limited to, | ||
music and dramatic arts organizations such as symphony | ||
orchestras and theatrical groups, arts and cultural service | ||
organizations, local arts councils, visual arts organizations, | ||
and media arts organizations. On and after July 1, 2001 (the | ||
effective date of Public Act 92-35), however, an entity | ||
otherwise eligible for this exemption shall not make tax-free | ||
purchases unless it has an active identification number issued | ||
by the Department. | ||
(4) Legal tender, currency, medallions, or gold or silver | ||
coinage issued by the State of Illinois, the government of the | ||
United States of America, or the government of any foreign | ||
country, and bullion. | ||
(5) Until July 1, 2003 and beginning again on September 1, |
2004 through August 30, 2014, graphic arts machinery and | ||
equipment, including repair and replacement parts, both new | ||
and used, and including that manufactured on special order or | ||
purchased for lease, certified by the purchaser to be used | ||
primarily for graphic arts production. Equipment includes | ||
chemicals or chemicals acting as catalysts but only if the | ||
chemicals or chemicals acting as catalysts effect a direct and | ||
immediate change upon a graphic arts product. Beginning on | ||
July 1, 2017, graphic arts machinery and equipment is included | ||
in the manufacturing and assembling machinery and equipment | ||
exemption under Section 2 of this Act. | ||
(6) Personal property purchased from a teacher-sponsored | ||
student organization affiliated with an elementary or | ||
secondary school located in Illinois. | ||
(7) Farm machinery and equipment, both new and used, | ||
including that manufactured on special order, certified by the | ||
purchaser to be used primarily for production agriculture or | ||
State or federal agricultural programs, including individual | ||
replacement parts for the machinery and equipment, including | ||
machinery and equipment purchased for lease, and including | ||
implements of husbandry defined in Section 1-130 of the | ||
Illinois Vehicle Code, farm machinery and agricultural | ||
chemical and fertilizer spreaders, and nurse wagons required | ||
to be registered under Section 3-809 of the Illinois Vehicle | ||
Code, but excluding other motor vehicles required to be | ||
registered under the Illinois Vehicle Code. Horticultural |
polyhouses or hoop houses used for propagating, growing, or | ||
overwintering plants shall be considered farm machinery and | ||
equipment under this item (7). Agricultural chemical tender | ||
tanks and dry boxes shall include units sold separately from a | ||
motor vehicle required to be licensed and units sold mounted | ||
on a motor vehicle required to be licensed if the selling price | ||
of the tender is separately stated. | ||
Farm machinery and equipment shall include precision | ||
farming equipment that is installed or purchased to be | ||
installed on farm machinery and equipment , including, but not | ||
limited to, tractors, harvesters, sprayers, planters, seeders, | ||
or spreaders. Precision farming equipment includes, but is not | ||
limited to, soil testing sensors, computers, monitors, | ||
software, global positioning and mapping systems, and other | ||
such equipment. | ||
Farm machinery and equipment also includes computers, | ||
sensors, software, and related equipment used primarily in the | ||
computer-assisted operation of production agriculture | ||
facilities, equipment, and activities such as, but not limited | ||
to, the collection, monitoring, and correlation of animal and | ||
crop data for the purpose of formulating animal diets and | ||
agricultural chemicals. | ||
Beginning on January 1, 2024, farm machinery and equipment | ||
also includes electrical power generation equipment used | ||
primarily for production agriculture. | ||
This item (7) is exempt from the provisions of Section |
3-75. | ||
(8) Until June 30, 2013, fuel and petroleum products sold | ||
to or used by an air common carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a flight | ||
destined for or returning from a location or locations outside | ||
the United States without regard to previous or subsequent | ||
domestic stopovers. | ||
Beginning July 1, 2013, fuel and petroleum products sold | ||
to or used by an air carrier, certified by the carrier to be | ||
used for consumption, shipment, or storage in the conduct of | ||
its business as an air common carrier, for a flight that (i) is | ||
engaged in foreign trade or is engaged in trade between the | ||
United States and any of its possessions and (ii) transports | ||
at least one individual or package for hire from the city of | ||
origination to the city of final destination on the same | ||
aircraft, without regard to a change in the flight number of | ||
that aircraft. | ||
(9) Proceeds of mandatory service charges separately | ||
stated on customers' bills for the purchase and consumption of | ||
food and beverages acquired as an incident to the purchase of a | ||
service from a serviceman, to the extent that the proceeds of | ||
the service charge are in fact turned over as tips or as a | ||
substitute for tips to the employees who participate directly | ||
in preparing, serving, hosting or cleaning up the food or | ||
beverage function with respect to which the service charge is |
imposed. | ||
(10) Until July 1, 2003, oil field exploration, drilling, | ||
and production equipment, including (i) rigs and parts of | ||
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||
pipe and tubular goods, including casing and drill strings, | ||
(iii) pumps and pump-jack units, (iv) storage tanks and flow | ||
lines, (v) any individual replacement part for oil field | ||
exploration, drilling, and production equipment, and (vi) | ||
machinery and equipment purchased for lease; but excluding | ||
motor vehicles required to be registered under the Illinois | ||
Vehicle Code. | ||
(11) Proceeds from the sale of photoprocessing machinery | ||
and equipment, including repair and replacement parts, both | ||
new and used, including that manufactured on special order, | ||
certified by the purchaser to be used primarily for | ||
photoprocessing, and including photoprocessing machinery and | ||
equipment purchased for lease. | ||
(12) Until July 1, 2028, coal and aggregate exploration, | ||
mining, off-highway hauling, processing, maintenance, and | ||
reclamation equipment, including replacement parts and | ||
equipment, and including equipment purchased for lease, but | ||
excluding motor vehicles required to be registered under the | ||
Illinois Vehicle Code. The changes made to this Section by | ||
Public Act 97-767 apply on and after July 1, 2003, but no claim | ||
for credit or refund is allowed on or after August 16, 2013 | ||
(the effective date of Public Act 98-456) for such taxes paid |
during the period beginning July 1, 2003 and ending on August | ||
16, 2013 (the effective date of Public Act 98-456). | ||
(13) Semen used for artificial insemination of livestock | ||
for direct agricultural production. | ||
(14) Horses, or interests in horses, registered with and | ||
meeting the requirements of any of the Arabian Horse Club | ||
Registry of America, Appaloosa Horse Club, American Quarter | ||
Horse Association, United States Trotting Association, or | ||
Jockey Club, as appropriate, used for purposes of breeding or | ||
racing for prizes. This item (14) is exempt from the | ||
provisions of Section 3-75, and the exemption provided for | ||
under this item (14) applies for all periods beginning May 30, | ||
1995, but no claim for credit or refund is allowed on or after | ||
January 1, 2008 (the effective date of Public Act 95-88) for | ||
such taxes paid during the period beginning May 30, 2000 and | ||
ending on January 1, 2008 (the effective date of Public Act | ||
95-88). | ||
(15) Computers and communications equipment utilized for | ||
any hospital purpose and equipment used in the diagnosis, | ||
analysis, or treatment of hospital patients purchased by a | ||
lessor who leases the equipment, under a lease of one year or | ||
longer executed or in effect at the time the lessor would | ||
otherwise be subject to the tax imposed by this Act, to a | ||
hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. If the equipment is leased |
in a manner that does not qualify for this exemption or is used | ||
in any other non-exempt manner, the lessor shall be liable for | ||
the tax imposed under this Act or the Use Tax Act, as the case | ||
may be, based on the fair market value of the property at the | ||
time the non-qualifying use occurs. No lessor shall collect or | ||
attempt to collect an amount (however designated) that | ||
purports to reimburse that lessor for the tax imposed by this | ||
Act or the Use Tax Act, as the case may be, if the tax has not | ||
been paid by the lessor. If a lessor improperly collects any | ||
such amount from the lessee, the lessee shall have a legal | ||
right to claim a refund of that amount from the lessor. If, | ||
however, that amount is not refunded to the lessee for any | ||
reason, the lessor is liable to pay that amount to the | ||
Department. | ||
(16) Personal property purchased by a lessor who leases | ||
the property, under a lease of one year or longer executed or | ||
in effect at the time the lessor would otherwise be subject to | ||
the tax imposed by this Act, to a governmental body that has | ||
been issued an active tax exemption identification number by | ||
the Department under Section 1g of the Retailers' Occupation | ||
Tax Act. If the property is leased in a manner that does not | ||
qualify for this exemption or is used in any other non-exempt | ||
manner, the lessor shall be liable for the tax imposed under | ||
this Act or the Use Tax Act, as the case may be, based on the | ||
fair market value of the property at the time the | ||
non-qualifying use occurs. No lessor shall collect or attempt |
to collect an amount (however designated) that purports to | ||
reimburse that lessor for the tax imposed by this Act or the | ||
Use Tax Act, as the case may be, if the tax has not been paid | ||
by the lessor. If a lessor improperly collects any such amount | ||
from the lessee, the lessee shall have a legal right to claim a | ||
refund of that amount from the lessor. If, however, that | ||
amount is not refunded to the lessee for any reason, the lessor | ||
is liable to pay that amount to the Department. | ||
(17) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is donated | ||
for disaster relief to be used in a State or federally declared | ||
disaster area in Illinois or bordering Illinois by a | ||
manufacturer or retailer that is registered in this State to a | ||
corporation, society, association, foundation, or institution | ||
that has been issued a sales tax exemption identification | ||
number by the Department that assists victims of the disaster | ||
who reside within the declared disaster area. | ||
(18) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is used in | ||
the performance of infrastructure repairs in this State, | ||
including , but not limited to , municipal roads and streets, | ||
access roads, bridges, sidewalks, waste disposal systems, | ||
water and sewer line extensions, water distribution and | ||
purification facilities, storm water drainage and retention |
facilities, and sewage treatment facilities, resulting from a | ||
State or federally declared disaster in Illinois or bordering | ||
Illinois when such repairs are initiated on facilities located | ||
in the declared disaster area within 6 months after the | ||
disaster. | ||
(19) Beginning July 1, 1999, game or game birds purchased | ||
at a "game breeding and hunting preserve area" as that term is | ||
used in the Wildlife Code. This paragraph is exempt from the | ||
provisions of Section 3-75. | ||
(20) A motor vehicle, as that term is defined in Section | ||
1-146 of the Illinois Vehicle Code, that is donated to a | ||
corporation, limited liability company, society, association, | ||
foundation, or institution that is determined by the | ||
Department to be organized and operated exclusively for | ||
educational purposes. For purposes of this exemption, "a | ||
corporation, limited liability company, society, association, | ||
foundation, or institution organized and operated exclusively | ||
for educational purposes" means all tax-supported public | ||
schools, private schools that offer systematic instruction in | ||
useful branches of learning by methods common to public | ||
schools and that compare favorably in their scope and | ||
intensity with the course of study presented in tax-supported | ||
schools, and vocational or technical schools or institutes | ||
organized and operated exclusively to provide a course of | ||
study of not less than 6 weeks duration and designed to prepare | ||
individuals to follow a trade or to pursue a manual, |
technical, mechanical, industrial, business, or commercial | ||
occupation. | ||
(21) Beginning January 1, 2000, personal property, | ||
including food, purchased through fundraising events for the | ||
benefit of a public or private elementary or secondary school, | ||
a group of those schools, or one or more school districts if | ||
the events are sponsored by an entity recognized by the school | ||
district that consists primarily of volunteers and includes | ||
parents and teachers of the school children. This paragraph | ||
does not apply to fundraising events (i) for the benefit of | ||
private home instruction or (ii) for which the fundraising | ||
entity purchases the personal property sold at the events from | ||
another individual or entity that sold the property for the | ||
purpose of resale by the fundraising entity and that profits | ||
from the sale to the fundraising entity. This paragraph is | ||
exempt from the provisions of Section 3-75. | ||
(22) Beginning January 1, 2000 and through December 31, | ||
2001, new or used automatic vending machines that prepare and | ||
serve hot food and beverages, including coffee, soup, and | ||
other items, and replacement parts for these machines. | ||
Beginning January 1, 2002 and through June 30, 2003, machines | ||
and parts for machines used in commercial, coin-operated | ||
amusement and vending business if a use or occupation tax is | ||
paid on the gross receipts derived from the use of the | ||
commercial, coin-operated amusement and vending machines. This | ||
paragraph is exempt from the provisions of Section 3-75. |
(23) Beginning August 23, 2001 and through June 30, 2016, | ||
food for human consumption that is to be consumed off the | ||
premises where it is sold (other than alcoholic beverages, | ||
soft drinks, and food that has been prepared for immediate | ||
consumption) and prescription and nonprescription medicines, | ||
drugs, medical appliances, and insulin, urine testing | ||
materials, syringes, and needles used by diabetics, for human | ||
use, when purchased for use by a person receiving medical | ||
assistance under Article V of the Illinois Public Aid Code who | ||
resides in a licensed long-term care facility, as defined in | ||
the Nursing Home Care Act, or in a licensed facility as defined | ||
in the ID/DD Community Care Act, the MC/DD Act, or the | ||
Specialized Mental Health Rehabilitation Act of 2013. | ||
(24) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), computers and communications equipment | ||
utilized for any hospital purpose and equipment used in the | ||
diagnosis, analysis, or treatment of hospital patients | ||
purchased by a lessor who leases the equipment, under a lease | ||
of one year or longer executed or in effect at the time the | ||
lessor would otherwise be subject to the tax imposed by this | ||
Act, to a hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. If the equipment is leased | ||
in a manner that does not qualify for this exemption or is used | ||
in any other nonexempt manner, the lessor shall be liable for | ||
the tax imposed under this Act or the Use Tax Act, as the case |
may be, based on the fair market value of the property at the | ||
time the nonqualifying use occurs. No lessor shall collect or | ||
attempt to collect an amount (however designated) that | ||
purports to reimburse that lessor for the tax imposed by this | ||
Act or the Use Tax Act, as the case may be, if the tax has not | ||
been paid by the lessor. If a lessor improperly collects any | ||
such amount from the lessee, the lessee shall have a legal | ||
right to claim a refund of that amount from the lessor. If, | ||
however, that amount is not refunded to the lessee for any | ||
reason, the lessor is liable to pay that amount to the | ||
Department. This paragraph is exempt from the provisions of | ||
Section 3-75. | ||
(25) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), personal property purchased by a lessor | ||
who leases the property, under a lease of one year or longer | ||
executed or in effect at the time the lessor would otherwise be | ||
subject to the tax imposed by this Act, to a governmental body | ||
that has been issued an active tax exemption identification | ||
number by the Department under Section 1g of the Retailers' | ||
Occupation Tax Act. If the property is leased in a manner that | ||
does not qualify for this exemption or is used in any other | ||
nonexempt manner, the lessor shall be liable for the tax | ||
imposed under this Act or the Use Tax Act, as the case may be, | ||
based on the fair market value of the property at the time the | ||
nonqualifying use occurs. No lessor shall collect or attempt | ||
to collect an amount (however designated) that purports to |
reimburse that lessor for the tax imposed by this Act or the | ||
Use Tax Act, as the case may be, if the tax has not been paid | ||
by the lessor. If a lessor improperly collects any such amount | ||
from the lessee, the lessee shall have a legal right to claim a | ||
refund of that amount from the lessor. If, however, that | ||
amount is not refunded to the lessee for any reason, the lessor | ||
is liable to pay that amount to the Department. This paragraph | ||
is exempt from the provisions of Section 3-75. | ||
(26) Beginning January 1, 2008, tangible personal property | ||
used in the construction or maintenance of a community water | ||
supply, as defined under Section 3.145 of the Environmental | ||
Protection Act, that is operated by a not-for-profit | ||
corporation that holds a valid water supply permit issued | ||
under Title IV of the Environmental Protection Act. This | ||
paragraph is exempt from the provisions of Section 3-75. | ||
(27) Beginning January 1, 2010 and continuing through | ||
December 31, 2029, materials, parts, equipment, components, | ||
and furnishings incorporated into or upon an aircraft as part | ||
of the modification, refurbishment, completion, replacement, | ||
repair, or maintenance of the aircraft. This exemption | ||
includes consumable supplies used in the modification, | ||
refurbishment, completion, replacement, repair, and | ||
maintenance of aircraft. However, until January 1, 2024, this | ||
exemption excludes any materials, parts, equipment, | ||
components, and consumable supplies used in the modification, | ||
replacement, repair, and maintenance of aircraft engines or |
power plants, whether such engines or power plants are | ||
installed or uninstalled upon any such aircraft. "Consumable | ||
supplies" include, but are not limited to, adhesive, tape, | ||
sandpaper, general purpose lubricants, cleaning solution, | ||
latex gloves, and protective films. | ||
Beginning January 1, 2010 and continuing through December | ||
31, 2023, this exemption applies only to the use of qualifying | ||
tangible personal property transferred incident to the | ||
modification, refurbishment, completion, replacement, repair, | ||
or maintenance of aircraft by persons who (i) hold an Air | ||
Agency Certificate and are empowered to operate an approved | ||
repair station by the Federal Aviation Administration, (ii) | ||
have a Class IV Rating, and (iii) conduct operations in | ||
accordance with Part 145 of the Federal Aviation Regulations. | ||
From January 1, 2024 through December 31, 2029, this exemption | ||
applies only to the use of qualifying tangible personal | ||
property by: (A) persons who modify, refurbish, complete, | ||
repair, replace, or maintain aircraft and who (i) hold an Air | ||
Agency Certificate and are empowered to operate an approved | ||
repair station by the Federal Aviation Administration, (ii) | ||
have a Class IV Rating, and (iii) conduct operations in | ||
accordance with Part 145 of the Federal Aviation Regulations; | ||
and (B) persons who engage in the modification, replacement, | ||
repair, and maintenance of aircraft engines or power plants | ||
without regard to whether or not those persons meet the | ||
qualifications of item (A). |
The exemption does not include aircraft operated by a | ||
commercial air carrier providing scheduled passenger air | ||
service pursuant to authority issued under Part 121 or Part | ||
129 of the Federal Aviation Regulations. The changes made to | ||
this paragraph (27) by Public Act 98-534 are declarative of | ||
existing law. It is the intent of the General Assembly that the | ||
exemption under this paragraph (27) applies continuously from | ||
January 1, 2010 through December 31, 2024; however, no claim | ||
for credit or refund is allowed for taxes paid as a result of | ||
the disallowance of this exemption on or after January 1, 2015 | ||
and prior to February 5, 2020 (the effective date of Public Act | ||
101-629). | ||
(28) Tangible personal property purchased by a | ||
public-facilities corporation, as described in Section | ||
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, but | ||
only if the legal title to the municipal convention hall is | ||
transferred to the municipality without any further | ||
consideration by or on behalf of the municipality at the time | ||
of the completion of the municipal convention hall or upon the | ||
retirement or redemption of any bonds or other debt | ||
instruments issued by the public-facilities corporation in | ||
connection with the development of the municipal convention | ||
hall. This exemption includes existing public-facilities | ||
corporations as provided in Section 11-65-25 of the Illinois | ||
Municipal Code. This paragraph is exempt from the provisions |
of Section 3-75. | ||
(29) Beginning January 1, 2017 and through December 31, | ||
2026, menstrual pads, tampons, and menstrual cups. | ||
(30) Tangible personal property transferred to a purchaser | ||
who is exempt from the tax imposed by this Act by operation of | ||
federal law. This paragraph is exempt from the provisions of | ||
Section 3-75. | ||
(31) Qualified tangible personal property used in the | ||
construction or operation of a data center that has been | ||
granted a certificate of exemption by the Department of | ||
Commerce and Economic Opportunity, whether that tangible | ||
personal property is purchased by the owner, operator, or | ||
tenant of the data center or by a contractor or subcontractor | ||
of the owner, operator, or tenant. Data centers that would | ||
have qualified for a certificate of exemption prior to January | ||
1, 2020 had Public Act 101-31 been in effect, may apply for and | ||
obtain an exemption for subsequent purchases of computer | ||
equipment or enabling software purchased or leased to upgrade, | ||
supplement, or replace computer equipment or enabling software | ||
purchased or leased in the original investment that would have | ||
qualified. | ||
The Department of Commerce and Economic Opportunity shall | ||
grant a certificate of exemption under this item (31) to | ||
qualified data centers as defined by Section 605-1025 of the | ||
Department of Commerce and Economic Opportunity Law of the | ||
Civil Administrative Code of Illinois. |
For the purposes of this item (31): | ||
"Data center" means a building or a series of | ||
buildings rehabilitated or constructed to house working | ||
servers in one physical location or multiple sites within | ||
the State of Illinois. | ||
"Qualified tangible personal property" means: | ||
electrical systems and equipment; climate control and | ||
chilling equipment and systems; mechanical systems and | ||
equipment; monitoring and secure systems; emergency | ||
generators; hardware; computers; servers; data storage | ||
devices; network connectivity equipment; racks; cabinets; | ||
telecommunications cabling infrastructure; raised floor | ||
systems; peripheral components or systems; software; | ||
mechanical, electrical, or plumbing systems; battery | ||
systems; cooling systems and towers; temperature control | ||
systems; other cabling; and other data center | ||
infrastructure equipment and systems necessary to operate | ||
qualified tangible personal property, including fixtures; | ||
and component parts of any of the foregoing, including | ||
installation, maintenance, repair, refurbishment, and | ||
replacement of qualified tangible personal property to | ||
generate, transform, transmit, distribute, or manage | ||
electricity necessary to operate qualified tangible | ||
personal property; and all other tangible personal | ||
property that is essential to the operations of a computer | ||
data center. The term "qualified tangible personal |
property" also includes building materials physically | ||
incorporated into in to the qualifying data center. To | ||
document the exemption allowed under this Section, the | ||
retailer must obtain from the purchaser a copy of the | ||
certificate of eligibility issued by the Department of | ||
Commerce and Economic Opportunity. | ||
This item (31) is exempt from the provisions of Section | ||
3-75. | ||
(32) Beginning July 1, 2022, breast pumps, breast pump | ||
collection and storage supplies, and breast pump kits. This | ||
item (32) is exempt from the provisions of Section 3-75. As | ||
used in this item (32): | ||
"Breast pump" means an electrically controlled or | ||
manually controlled pump device designed or marketed to be | ||
used to express milk from a human breast during lactation, | ||
including the pump device and any battery, AC adapter, or | ||
other power supply unit that is used to power the pump | ||
device and is packaged and sold with the pump device at the | ||
time of sale. | ||
"Breast pump collection and storage supplies" means | ||
items of tangible personal property designed or marketed | ||
to be used in conjunction with a breast pump to collect | ||
milk expressed from a human breast and to store collected | ||
milk until it is ready for consumption. | ||
"Breast pump collection and storage supplies" | ||
includes, but is not limited to: breast shields and breast |
shield connectors; breast pump tubes and tubing adapters; | ||
breast pump valves and membranes; backflow protectors and | ||
backflow protector adaptors; bottles and bottle caps | ||
specific to the operation of the breast pump; and breast | ||
milk storage bags. | ||
"Breast pump collection and storage supplies" does not | ||
include: (1) bottles and bottle caps not specific to the | ||
operation of the breast pump; (2) breast pump travel bags | ||
and other similar carrying accessories, including ice | ||
packs, labels, and other similar products; (3) breast pump | ||
cleaning supplies; (4) nursing bras, bra pads, breast | ||
shells, and other similar products; and (5) creams, | ||
ointments, and other similar products that relieve | ||
breastfeeding-related symptoms or conditions of the | ||
breasts or nipples, unless sold as part of a breast pump | ||
kit that is pre-packaged by the breast pump manufacturer | ||
or distributor. | ||
"Breast pump kit" means a kit that: (1) contains no | ||
more than a breast pump, breast pump collection and | ||
storage supplies, a rechargeable battery for operating the | ||
breast pump, a breastmilk cooler, bottle stands, ice | ||
packs, and a breast pump carrying case; and (2) is | ||
pre-packaged as a breast pump kit by the breast pump | ||
manufacturer or distributor. | ||
(33) Tangible personal property sold by or on behalf of | ||
the State Treasurer pursuant to the Revised Uniform Unclaimed |
Property Act. This item (33) is exempt from the provisions of | ||
Section 3-75. | ||
(34) Beginning on January 1, 2024, tangible personal | ||
property purchased by an active duty member of the armed | ||
forces of the United States who presents valid military | ||
identification and purchases the property using a form of | ||
payment where the federal government is the payor. The member | ||
of the armed forces must complete, at the point of sale, a form | ||
prescribed by the Department of Revenue documenting that the | ||
transaction is eligible for the exemption under this | ||
paragraph. Retailers must keep the form as documentation of | ||
the exemption in their records for a period of not less than 6 | ||
years. "Armed forces of the United States" means the United | ||
States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||
This paragraph is exempt from the provisions of Section 3-75. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||
Section 70-10, eff. 4-19-22; 102-700, Article 75, Section | ||
75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||
Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10, | ||
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||
revised 12-12-23.) | ||
Section 200. The Service Occupation Tax Act is amended by | ||
changing Sections 3-5, 9, and 12 as follows: | ||
(35 ILCS 115/3-5) |
Sec. 3-5. Exemptions. The following tangible personal | ||
property is exempt from the tax imposed by this Act: | ||
(1) Personal property sold by a corporation, society, | ||
association, foundation, institution, or organization, other | ||
than a limited liability company, that is organized and | ||
operated as a not-for-profit service enterprise for the | ||
benefit of persons 65 years of age or older if the personal | ||
property was not purchased by the enterprise for the purpose | ||
of resale by the enterprise. | ||
(2) Personal property purchased by a not-for-profit | ||
Illinois county fair association for use in conducting, | ||
operating, or promoting the county fair. | ||
(3) Personal property purchased by any not-for-profit arts | ||
or cultural organization that establishes, by proof required | ||
by the Department by rule, that it has received an exemption | ||
under Section 501(c)(3) of the Internal Revenue Code and that | ||
is organized and operated primarily for the presentation or | ||
support of arts or cultural programming, activities, or | ||
services. These organizations include, but are not limited to, | ||
music and dramatic arts organizations such as symphony | ||
orchestras and theatrical groups, arts and cultural service | ||
organizations, local arts councils, visual arts organizations, | ||
and media arts organizations. On and after July 1, 2001 (the | ||
effective date of Public Act 92-35), however, an entity | ||
otherwise eligible for this exemption shall not make tax-free | ||
purchases unless it has an active identification number issued |
by the Department. | ||
(4) Legal tender, currency, medallions, or gold or silver | ||
coinage issued by the State of Illinois, the government of the | ||
United States of America, or the government of any foreign | ||
country, and bullion. | ||
(5) Until July 1, 2003 and beginning again on September 1, | ||
2004 through August 30, 2014, graphic arts machinery and | ||
equipment, including repair and replacement parts, both new | ||
and used, and including that manufactured on special order or | ||
purchased for lease, certified by the purchaser to be used | ||
primarily for graphic arts production. Equipment includes | ||
chemicals or chemicals acting as catalysts but only if the | ||
chemicals or chemicals acting as catalysts effect a direct and | ||
immediate change upon a graphic arts product. Beginning on | ||
July 1, 2017, graphic arts machinery and equipment is included | ||
in the manufacturing and assembling machinery and equipment | ||
exemption under Section 2 of this Act. | ||
(6) Personal property sold by a teacher-sponsored student | ||
organization affiliated with an elementary or secondary school | ||
located in Illinois. | ||
(7) Farm machinery and equipment, both new and used, | ||
including that manufactured on special order, certified by the | ||
purchaser to be used primarily for production agriculture or | ||
State or federal agricultural programs, including individual | ||
replacement parts for the machinery and equipment, including | ||
machinery and equipment purchased for lease, and including |
implements of husbandry defined in Section 1-130 of the | ||
Illinois Vehicle Code, farm machinery and agricultural | ||
chemical and fertilizer spreaders, and nurse wagons required | ||
to be registered under Section 3-809 of the Illinois Vehicle | ||
Code, but excluding other motor vehicles required to be | ||
registered under the Illinois Vehicle Code. Horticultural | ||
polyhouses or hoop houses used for propagating, growing, or | ||
overwintering plants shall be considered farm machinery and | ||
equipment under this item (7). Agricultural chemical tender | ||
tanks and dry boxes shall include units sold separately from a | ||
motor vehicle required to be licensed and units sold mounted | ||
on a motor vehicle required to be licensed if the selling price | ||
of the tender is separately stated. | ||
Farm machinery and equipment shall include precision | ||
farming equipment that is installed or purchased to be | ||
installed on farm machinery and equipment , including, but not | ||
limited to, tractors, harvesters, sprayers, planters, seeders, | ||
or spreaders. Precision farming equipment includes, but is not | ||
limited to, soil testing sensors, computers, monitors, | ||
software, global positioning and mapping systems, and other | ||
such equipment. | ||
Farm machinery and equipment also includes computers, | ||
sensors, software, and related equipment used primarily in the | ||
computer-assisted operation of production agriculture | ||
facilities, equipment, and activities such as, but not limited | ||
to, the collection, monitoring, and correlation of animal and |
crop data for the purpose of formulating animal diets and | ||
agricultural chemicals. | ||
Beginning on January 1, 2024, farm machinery and equipment | ||
also includes electrical power generation equipment used | ||
primarily for production agriculture. | ||
This item (7) is exempt from the provisions of Section | ||
3-55. | ||
(8) Until June 30, 2013, fuel and petroleum products sold | ||
to or used by an air common carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a flight | ||
destined for or returning from a location or locations outside | ||
the United States without regard to previous or subsequent | ||
domestic stopovers. | ||
Beginning July 1, 2013, fuel and petroleum products sold | ||
to or used by an air carrier, certified by the carrier to be | ||
used for consumption, shipment, or storage in the conduct of | ||
its business as an air common carrier, for a flight that (i) is | ||
engaged in foreign trade or is engaged in trade between the | ||
United States and any of its possessions and (ii) transports | ||
at least one individual or package for hire from the city of | ||
origination to the city of final destination on the same | ||
aircraft, without regard to a change in the flight number of | ||
that aircraft. | ||
(9) Proceeds of mandatory service charges separately | ||
stated on customers' bills for the purchase and consumption of |
food and beverages, to the extent that the proceeds of the | ||
service charge are in fact turned over as tips or as a | ||
substitute for tips to the employees who participate directly | ||
in preparing, serving, hosting or cleaning up the food or | ||
beverage function with respect to which the service charge is | ||
imposed. | ||
(10) Until July 1, 2003, oil field exploration, drilling, | ||
and production equipment, including (i) rigs and parts of | ||
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||
pipe and tubular goods, including casing and drill strings, | ||
(iii) pumps and pump-jack units, (iv) storage tanks and flow | ||
lines, (v) any individual replacement part for oil field | ||
exploration, drilling, and production equipment, and (vi) | ||
machinery and equipment purchased for lease; but excluding | ||
motor vehicles required to be registered under the Illinois | ||
Vehicle Code. | ||
(11) Photoprocessing machinery and equipment, including | ||
repair and replacement parts, both new and used, including | ||
that manufactured on special order, certified by the purchaser | ||
to be used primarily for photoprocessing, and including | ||
photoprocessing machinery and equipment purchased for lease. | ||
(12) Until July 1, 2028, coal and aggregate exploration, | ||
mining, off-highway hauling, processing, maintenance, and | ||
reclamation equipment, including replacement parts and | ||
equipment, and including equipment purchased for lease, but | ||
excluding motor vehicles required to be registered under the |
Illinois Vehicle Code. The changes made to this Section by | ||
Public Act 97-767 apply on and after July 1, 2003, but no claim | ||
for credit or refund is allowed on or after August 16, 2013 | ||
(the effective date of Public Act 98-456) for such taxes paid | ||
during the period beginning July 1, 2003 and ending on August | ||
16, 2013 (the effective date of Public Act 98-456). | ||
(13) Beginning January 1, 1992 and through June 30, 2016, | ||
food for human consumption that is to be consumed off the | ||
premises where it is sold (other than alcoholic beverages, | ||
soft drinks and food that has been prepared for immediate | ||
consumption) and prescription and non-prescription medicines, | ||
drugs, medical appliances, and insulin, urine testing | ||
materials, syringes, and needles used by diabetics, for human | ||
use, when purchased for use by a person receiving medical | ||
assistance under Article V of the Illinois Public Aid Code who | ||
resides in a licensed long-term care facility, as defined in | ||
the Nursing Home Care Act, or in a licensed facility as defined | ||
in the ID/DD Community Care Act, the MC/DD Act, or the | ||
Specialized Mental Health Rehabilitation Act of 2013. | ||
(14) Semen used for artificial insemination of livestock | ||
for direct agricultural production. | ||
(15) Horses, or interests in horses, registered with and | ||
meeting the requirements of any of the Arabian Horse Club | ||
Registry of America, Appaloosa Horse Club, American Quarter | ||
Horse Association, United States Trotting Association, or | ||
Jockey Club, as appropriate, used for purposes of breeding or |
racing for prizes. This item (15) is exempt from the | ||
provisions of Section 3-55, and the exemption provided for | ||
under this item (15) applies for all periods beginning May 30, | ||
1995, but no claim for credit or refund is allowed on or after | ||
January 1, 2008 (the effective date of Public Act 95-88) for | ||
such taxes paid during the period beginning May 30, 2000 and | ||
ending on January 1, 2008 (the effective date of Public Act | ||
95-88). | ||
(16) Computers and communications equipment utilized for | ||
any hospital purpose and equipment used in the diagnosis, | ||
analysis, or treatment of hospital patients sold to a lessor | ||
who leases the equipment, under a lease of one year or longer | ||
executed or in effect at the time of the purchase, to a | ||
hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. | ||
(17) Personal property sold to a lessor who leases the | ||
property, under a lease of one year or longer executed or in | ||
effect at the time of the purchase, to a governmental body that | ||
has been issued an active tax exemption identification number | ||
by the Department under Section 1g of the Retailers' | ||
Occupation Tax Act. | ||
(18) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is donated | ||
for disaster relief to be used in a State or federally declared |
disaster area in Illinois or bordering Illinois by a | ||
manufacturer or retailer that is registered in this State to a | ||
corporation, society, association, foundation, or institution | ||
that has been issued a sales tax exemption identification | ||
number by the Department that assists victims of the disaster | ||
who reside within the declared disaster area. | ||
(19) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on or | ||
before December 31, 2004, personal property that is used in | ||
the performance of infrastructure repairs in this State, | ||
including , but not limited to , municipal roads and streets, | ||
access roads, bridges, sidewalks, waste disposal systems, | ||
water and sewer line extensions, water distribution and | ||
purification facilities, storm water drainage and retention | ||
facilities, and sewage treatment facilities, resulting from a | ||
State or federally declared disaster in Illinois or bordering | ||
Illinois when such repairs are initiated on facilities located | ||
in the declared disaster area within 6 months after the | ||
disaster. | ||
(20) Beginning July 1, 1999, game or game birds sold at a | ||
"game breeding and hunting preserve area" as that term is used | ||
in the Wildlife Code. This paragraph is exempt from the | ||
provisions of Section 3-55. | ||
(21) A motor vehicle, as that term is defined in Section | ||
1-146 of the Illinois Vehicle Code, that is donated to a | ||
corporation, limited liability company, society, association, |
foundation, or institution that is determined by the | ||
Department to be organized and operated exclusively for | ||
educational purposes. For purposes of this exemption, "a | ||
corporation, limited liability company, society, association, | ||
foundation, or institution organized and operated exclusively | ||
for educational purposes" means all tax-supported public | ||
schools, private schools that offer systematic instruction in | ||
useful branches of learning by methods common to public | ||
schools and that compare favorably in their scope and | ||
intensity with the course of study presented in tax-supported | ||
schools, and vocational or technical schools or institutes | ||
organized and operated exclusively to provide a course of | ||
study of not less than 6 weeks duration and designed to prepare | ||
individuals to follow a trade or to pursue a manual, | ||
technical, mechanical, industrial, business, or commercial | ||
occupation. | ||
(22) Beginning January 1, 2000, personal property, | ||
including food, purchased through fundraising events for the | ||
benefit of a public or private elementary or secondary school, | ||
a group of those schools, or one or more school districts if | ||
the events are sponsored by an entity recognized by the school | ||
district that consists primarily of volunteers and includes | ||
parents and teachers of the school children. This paragraph | ||
does not apply to fundraising events (i) for the benefit of | ||
private home instruction or (ii) for which the fundraising | ||
entity purchases the personal property sold at the events from |
another individual or entity that sold the property for the | ||
purpose of resale by the fundraising entity and that profits | ||
from the sale to the fundraising entity. This paragraph is | ||
exempt from the provisions of Section 3-55. | ||
(23) Beginning January 1, 2000 and through December 31, | ||
2001, new or used automatic vending machines that prepare and | ||
serve hot food and beverages, including coffee, soup, and | ||
other items, and replacement parts for these machines. | ||
Beginning January 1, 2002 and through June 30, 2003, machines | ||
and parts for machines used in commercial, coin-operated | ||
amusement and vending business if a use or occupation tax is | ||
paid on the gross receipts derived from the use of the | ||
commercial, coin-operated amusement and vending machines. This | ||
paragraph is exempt from the provisions of Section 3-55. | ||
(24) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), computers and communications equipment | ||
utilized for any hospital purpose and equipment used in the | ||
diagnosis, analysis, or treatment of hospital patients sold to | ||
a lessor who leases the equipment, under a lease of one year or | ||
longer executed or in effect at the time of the purchase, to a | ||
hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. This paragraph is exempt | ||
from the provisions of Section 3-55. | ||
(25) Beginning on August 2, 2001 (the effective date of | ||
Public Act 92-227), personal property sold to a lessor who |
leases the property, under a lease of one year or longer | ||
executed or in effect at the time of the purchase, to a | ||
governmental body that has been issued an active tax exemption | ||
identification number by the Department under Section 1g of | ||
the Retailers' Occupation Tax Act. This paragraph is exempt | ||
from the provisions of Section 3-55. | ||
(26) Beginning on January 1, 2002 and through June 30, | ||
2016, tangible personal property purchased from an Illinois | ||
retailer by a taxpayer engaged in centralized purchasing | ||
activities in Illinois who will, upon receipt of the property | ||
in Illinois, temporarily store the property in Illinois (i) | ||
for the purpose of subsequently transporting it outside this | ||
State for use or consumption thereafter solely outside this | ||
State or (ii) for the purpose of being processed, fabricated, | ||
or manufactured into, attached to, or incorporated into other | ||
tangible personal property to be transported outside this | ||
State and thereafter used or consumed solely outside this | ||
State. The Director of Revenue shall, pursuant to rules | ||
adopted in accordance with the Illinois Administrative | ||
Procedure Act, issue a permit to any taxpayer in good standing | ||
with the Department who is eligible for the exemption under | ||
this paragraph (26). The permit issued under this paragraph | ||
(26) shall authorize the holder, to the extent and in the | ||
manner specified in the rules adopted under this Act, to | ||
purchase tangible personal property from a retailer exempt | ||
from the taxes imposed by this Act. Taxpayers shall maintain |
all necessary books and records to substantiate the use and | ||
consumption of all such tangible personal property outside of | ||
the State of Illinois. | ||
(27) Beginning January 1, 2008, tangible personal property | ||
used in the construction or maintenance of a community water | ||
supply, as defined under Section 3.145 of the Environmental | ||
Protection Act, that is operated by a not-for-profit | ||
corporation that holds a valid water supply permit issued | ||
under Title IV of the Environmental Protection Act. This | ||
paragraph is exempt from the provisions of Section 3-55. | ||
(28) Tangible personal property sold to a | ||
public-facilities corporation, as described in Section | ||
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, but | ||
only if the legal title to the municipal convention hall is | ||
transferred to the municipality without any further | ||
consideration by or on behalf of the municipality at the time | ||
of the completion of the municipal convention hall or upon the | ||
retirement or redemption of any bonds or other debt | ||
instruments issued by the public-facilities corporation in | ||
connection with the development of the municipal convention | ||
hall. This exemption includes existing public-facilities | ||
corporations as provided in Section 11-65-25 of the Illinois | ||
Municipal Code. This paragraph is exempt from the provisions | ||
of Section 3-55. | ||
(29) Beginning January 1, 2010 and continuing through |
December 31, 2029, materials, parts, equipment, components, | ||
and furnishings incorporated into or upon an aircraft as part | ||
of the modification, refurbishment, completion, replacement, | ||
repair, or maintenance of the aircraft. This exemption | ||
includes consumable supplies used in the modification, | ||
refurbishment, completion, replacement, repair, and | ||
maintenance of aircraft. However, until January 1, 2024, this | ||
exemption excludes any materials, parts, equipment, | ||
components, and consumable supplies used in the modification, | ||
replacement, repair, and maintenance of aircraft engines or | ||
power plants, whether such engines or power plants are | ||
installed or uninstalled upon any such aircraft. "Consumable | ||
supplies" include, but are not limited to, adhesive, tape, | ||
sandpaper, general purpose lubricants, cleaning solution, | ||
latex gloves, and protective films. | ||
Beginning January 1, 2010 and continuing through December | ||
31, 2023, this exemption applies only to the transfer of | ||
qualifying tangible personal property incident to the | ||
modification, refurbishment, completion, replacement, repair, | ||
or maintenance of an aircraft by persons who (i) hold an Air | ||
Agency Certificate and are empowered to operate an approved | ||
repair station by the Federal Aviation Administration, (ii) | ||
have a Class IV Rating, and (iii) conduct operations in | ||
accordance with Part 145 of the Federal Aviation Regulations. | ||
The exemption does not include aircraft operated by a | ||
commercial air carrier providing scheduled passenger air |
service pursuant to authority issued under Part 121 or Part | ||
129 of the Federal Aviation Regulations. From January 1, 2024 | ||
through December 31, 2029, this exemption applies only to the | ||
use of qualifying tangible personal property by: (A) persons | ||
who modify, refurbish, complete, repair, replace, or maintain | ||
aircraft and who (i) hold an Air Agency Certificate and are | ||
empowered to operate an approved repair station by the Federal | ||
Aviation Administration, (ii) have a Class IV Rating, and | ||
(iii) conduct operations in accordance with Part 145 of the | ||
Federal Aviation Regulations; and (B) persons who engage in | ||
the modification, replacement, repair, and maintenance of | ||
aircraft engines or power plants without regard to whether or | ||
not those persons meet the qualifications of item (A). | ||
The changes made to this paragraph (29) by Public Act | ||
98-534 are declarative of existing law. It is the intent of the | ||
General Assembly that the exemption under this paragraph (29) | ||
applies continuously from January 1, 2010 through December 31, | ||
2024; however, no claim for credit or refund is allowed for | ||
taxes paid as a result of the disallowance of this exemption on | ||
or after January 1, 2015 and prior to February 5, 2020 (the | ||
effective date of Public Act 101-629). | ||
(30) Beginning January 1, 2017 and through December 31, | ||
2026, menstrual pads, tampons, and menstrual cups. | ||
(31) Tangible personal property transferred to a purchaser | ||
who is exempt from tax by operation of federal law. This | ||
paragraph is exempt from the provisions of Section 3-55. |
(32) Qualified tangible personal property used in the | ||
construction or operation of a data center that has been | ||
granted a certificate of exemption by the Department of | ||
Commerce and Economic Opportunity, whether that tangible | ||
personal property is purchased by the owner, operator, or | ||
tenant of the data center or by a contractor or subcontractor | ||
of the owner, operator, or tenant. Data centers that would | ||
have qualified for a certificate of exemption prior to January | ||
1, 2020 had Public Act 101-31 been in effect, may apply for and | ||
obtain an exemption for subsequent purchases of computer | ||
equipment or enabling software purchased or leased to upgrade, | ||
supplement, or replace computer equipment or enabling software | ||
purchased or leased in the original investment that would have | ||
qualified. | ||
The Department of Commerce and Economic Opportunity shall | ||
grant a certificate of exemption under this item (32) to | ||
qualified data centers as defined by Section 605-1025 of the | ||
Department of Commerce and Economic Opportunity Law of the | ||
Civil Administrative Code of Illinois. | ||
For the purposes of this item (32): | ||
"Data center" means a building or a series of | ||
buildings rehabilitated or constructed to house working | ||
servers in one physical location or multiple sites within | ||
the State of Illinois. | ||
"Qualified tangible personal property" means: | ||
electrical systems and equipment; climate control and |
chilling equipment and systems; mechanical systems and | ||
equipment; monitoring and secure systems; emergency | ||
generators; hardware; computers; servers; data storage | ||
devices; network connectivity equipment; racks; cabinets; | ||
telecommunications cabling infrastructure; raised floor | ||
systems; peripheral components or systems; software; | ||
mechanical, electrical, or plumbing systems; battery | ||
systems; cooling systems and towers; temperature control | ||
systems; other cabling; and other data center | ||
infrastructure equipment and systems necessary to operate | ||
qualified tangible personal property, including fixtures; | ||
and component parts of any of the foregoing, including | ||
installation, maintenance, repair, refurbishment, and | ||
replacement of qualified tangible personal property to | ||
generate, transform, transmit, distribute, or manage | ||
electricity necessary to operate qualified tangible | ||
personal property; and all other tangible personal | ||
property that is essential to the operations of a computer | ||
data center. The term "qualified tangible personal | ||
property" also includes building materials physically | ||
incorporated into in to the qualifying data center. To | ||
document the exemption allowed under this Section, the | ||
retailer must obtain from the purchaser a copy of the | ||
certificate of eligibility issued by the Department of | ||
Commerce and Economic Opportunity. | ||
This item (32) is exempt from the provisions of Section |
3-55. | ||
(33) Beginning July 1, 2022, breast pumps, breast pump | ||
collection and storage supplies, and breast pump kits. This | ||
item (33) is exempt from the provisions of Section 3-55. As | ||
used in this item (33): | ||
"Breast pump" means an electrically controlled or | ||
manually controlled pump device designed or marketed to be | ||
used to express milk from a human breast during lactation, | ||
including the pump device and any battery, AC adapter, or | ||
other power supply unit that is used to power the pump | ||
device and is packaged and sold with the pump device at the | ||
time of sale. | ||
"Breast pump collection and storage supplies" means | ||
items of tangible personal property designed or marketed | ||
to be used in conjunction with a breast pump to collect | ||
milk expressed from a human breast and to store collected | ||
milk until it is ready for consumption. | ||
"Breast pump collection and storage supplies" | ||
includes, but is not limited to: breast shields and breast | ||
shield connectors; breast pump tubes and tubing adapters; | ||
breast pump valves and membranes; backflow protectors and | ||
backflow protector adaptors; bottles and bottle caps | ||
specific to the operation of the breast pump; and breast | ||
milk storage bags. | ||
"Breast pump collection and storage supplies" does not | ||
include: (1) bottles and bottle caps not specific to the |
operation of the breast pump; (2) breast pump travel bags | ||
and other similar carrying accessories, including ice | ||
packs, labels, and other similar products; (3) breast pump | ||
cleaning supplies; (4) nursing bras, bra pads, breast | ||
shells, and other similar products; and (5) creams, | ||
ointments, and other similar products that relieve | ||
breastfeeding-related symptoms or conditions of the | ||
breasts or nipples, unless sold as part of a breast pump | ||
kit that is pre-packaged by the breast pump manufacturer | ||
or distributor. | ||
"Breast pump kit" means a kit that: (1) contains no | ||
more than a breast pump, breast pump collection and | ||
storage supplies, a rechargeable battery for operating the | ||
breast pump, a breastmilk cooler, bottle stands, ice | ||
packs, and a breast pump carrying case; and (2) is | ||
pre-packaged as a breast pump kit by the breast pump | ||
manufacturer or distributor. | ||
(34) Tangible personal property sold by or on behalf of | ||
the State Treasurer pursuant to the Revised Uniform Unclaimed | ||
Property Act. This item (34) is exempt from the provisions of | ||
Section 3-55. | ||
(35) Beginning on January 1, 2024, tangible personal | ||
property purchased by an active duty member of the armed | ||
forces of the United States who presents valid military | ||
identification and purchases the property using a form of | ||
payment where the federal government is the payor. The member |
of the armed forces must complete, at the point of sale, a form | ||
prescribed by the Department of Revenue documenting that the | ||
transaction is eligible for the exemption under this | ||
paragraph. Retailers must keep the form as documentation of | ||
the exemption in their records for a period of not less than 6 | ||
years. "Armed forces of the United States" means the United | ||
States Army, Navy, Air Force, Marine Corps, or Coast Guard. | ||
This paragraph is exempt from the provisions of Section 3-55. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||
Section 70-15, eff. 4-19-22; 102-700, Article 75, Section | ||
75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||
Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15, | ||
eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||
revised 12-12-23.) | ||
(35 ILCS 115/9) (from Ch. 120, par. 439.109) | ||
Sec. 9. Each serviceman required or authorized to collect | ||
the tax herein imposed shall pay to the Department the amount | ||
of such tax at the time when he is required to file his return | ||
for the period during which such tax was collectible, less a | ||
discount of 2.1% prior to January 1, 1990, and 1.75% on and | ||
after January 1, 1990, or $5 per calendar year, whichever is | ||
greater, which is allowed to reimburse the serviceman for | ||
expenses incurred in collecting the tax, keeping records, | ||
preparing and filing returns, remitting the tax , and supplying | ||
data to the Department on request. When determining the |
discount allowed under this Section, servicemen shall include | ||
the amount of tax that would have been due at the 1% rate but | ||
for the 0% rate imposed under Public Act 102-700 this | ||
amendatory Act of the 102nd General Assembly . The discount | ||
under this Section is not allowed for the 1.25% portion of | ||
taxes paid on aviation fuel that is subject to the revenue use | ||
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The | ||
discount allowed under this Section is allowed only for | ||
returns that are filed in the manner required by this Act. The | ||
Department may disallow the discount for servicemen whose | ||
certificate of registration is revoked at the time the return | ||
is filed, but only if the Department's decision to revoke the | ||
certificate of registration has become final. | ||
Where such tangible personal property is sold under a | ||
conditional sales contract, or under any other form of sale | ||
wherein the payment of the principal sum, or a part thereof, is | ||
extended beyond the close of the period for which the return is | ||
filed, the serviceman, in collecting the tax may collect, for | ||
each tax return period, only the tax applicable to the part of | ||
the selling price actually received during such tax return | ||
period. | ||
Except as provided hereinafter in this Section, on or | ||
before the twentieth day of each calendar month, such | ||
serviceman shall file a return for the preceding calendar | ||
month in accordance with reasonable rules and regulations to | ||
be promulgated by the Department of Revenue. Such return shall |
be filed on a form prescribed by the Department and shall | ||
contain such information as the Department may reasonably | ||
require. The return shall include the gross receipts which | ||
were received during the preceding calendar month or quarter | ||
on the following items upon which tax would have been due but | ||
for the 0% rate imposed under Public Act 102-700 this | ||
amendatory Act of the 102nd General Assembly : (i) food for | ||
human consumption that is to be consumed off the premises | ||
where it is sold (other than alcoholic beverages, food | ||
consisting of or infused with adult use cannabis, soft drinks, | ||
and food that has been prepared for immediate consumption); | ||
and (ii) food prepared for immediate consumption and | ||
transferred incident to a sale of service subject to this Act | ||
or the Service Use Tax Act by an entity licensed under the | ||
Hospital Licensing Act, the Nursing Home Care Act, the | ||
Assisted Living and Shared Housing Act, the ID/DD Community | ||
Care Act, the MC/DD Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, or the Child Care Act of 1969, or | ||
an entity that holds a permit issued pursuant to the Life Care | ||
Facilities Act. The return shall also include the amount of | ||
tax that would have been due on the items listed in the | ||
previous sentence but for the 0% rate imposed under Public Act | ||
102-700 this amendatory Act of the 102nd General Assembly . | ||
On and after January 1, 2018, with respect to servicemen | ||
whose annual gross receipts average $20,000 or more, all | ||
returns required to be filed pursuant to this Act shall be |
filed electronically. Servicemen who demonstrate that they do | ||
not have access to the Internet or demonstrate hardship in | ||
filing electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
The Department may require returns to be filed on a | ||
quarterly basis. If so required, a return for each calendar | ||
quarter shall be filed on or before the twentieth day of the | ||
calendar month following the end of such calendar quarter. The | ||
taxpayer shall also file a return with the Department for each | ||
of the first two months of each calendar quarter, on or before | ||
the twentieth day of the following calendar month, stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages in business as a serviceman in this | ||
State; | ||
3. The total amount of taxable receipts received by | ||
him during the preceding calendar month, including | ||
receipts from charge and time sales, but less all | ||
deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; | ||
5-5. The signature of the taxpayer; and | ||
6. Such other reasonable information as the Department | ||
may require. | ||
Each serviceman required or authorized to collect the tax |
herein imposed on aviation fuel acquired as an incident to the | ||
purchase of a service in this State during the preceding | ||
calendar month shall, instead of reporting and paying tax as | ||
otherwise required by this Section, report and pay such tax on | ||
a separate aviation fuel tax return. The requirements related | ||
to the return shall be as otherwise provided in this Section. | ||
Notwithstanding any other provisions of this Act to the | ||
contrary, servicemen transferring aviation fuel incident to | ||
sales of service shall file all aviation fuel tax returns and | ||
shall make all aviation fuel tax payments by electronic means | ||
in the manner and form required by the Department. For | ||
purposes of this Section, "aviation fuel" means jet fuel and | ||
aviation gasoline. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice and demand for signature by the Department, | ||
the return shall be considered valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Notwithstanding any other provision of this Act to the | ||
contrary, servicemen subject to tax on cannabis shall file all | ||
cannabis tax returns and shall make all cannabis tax payments | ||
by electronic means in the manner and form required by the | ||
Department. | ||
Prior to October 1, 2003, and on and after September 1, | ||
2004 a serviceman may accept a Manufacturer's Purchase Credit | ||
certification from a purchaser in satisfaction of Service Use | ||
Tax as provided in Section 3-70 of the Service Use Tax Act if |
the purchaser provides the appropriate documentation as | ||
required by Section 3-70 of the Service Use Tax Act. A | ||
Manufacturer's Purchase Credit certification, accepted prior | ||
to October 1, 2003 or on or after September 1, 2004 by a | ||
serviceman as provided in Section 3-70 of the Service Use Tax | ||
Act, may be used by that serviceman to satisfy Service | ||
Occupation Tax liability in the amount claimed in the | ||
certification, not to exceed 6.25% of the receipts subject to | ||
tax from a qualifying purchase. A Manufacturer's Purchase | ||
Credit reported on any original or amended return filed under | ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||
Credit reported on annual returns due on or after January 1, | ||
2005 will be disallowed for periods prior to September 1, | ||
2004. No Manufacturer's Purchase Credit may be used after | ||
September 30, 2003 through August 31, 2004 to satisfy any tax | ||
liability imposed under this Act, including any audit | ||
liability. | ||
Beginning on July 1, 2023 and through December 31, 2032, a | ||
serviceman may accept a Sustainable Aviation Fuel Purchase | ||
Credit certification from an air common carrier-purchaser in | ||
satisfaction of Service Use Tax as provided in Section 3-72 of | ||
the Service Use Tax Act if the purchaser provides the | ||
appropriate documentation as required by Section 3-72 of the | ||
Service Use Tax Act. A Sustainable Aviation Fuel Purchase | ||
Credit certification accepted by a serviceman in accordance |
with this paragraph may be used by that serviceman to satisfy | ||
service occupation tax liability (but not in satisfaction of | ||
penalty or interest) in the amount claimed in the | ||
certification, not to exceed 6.25% of the receipts subject to | ||
tax from a sale of aviation fuel. In addition, for a sale of | ||
aviation fuel to qualify to earn the Sustainable Aviation Fuel | ||
Purchase Credit, servicemen must retain in their books and | ||
records a certification from the producer of the aviation fuel | ||
that the aviation fuel sold by the serviceman and for which a | ||
sustainable aviation fuel purchase credit was earned meets the | ||
definition of sustainable aviation fuel under Section 3-72 of | ||
the Service Use Tax Act. The documentation must include detail | ||
sufficient for the Department to determine the number of | ||
gallons of sustainable aviation fuel sold. | ||
If the serviceman's average monthly tax liability to the | ||
Department does not exceed $200, the Department may authorize | ||
his returns to be filed on a quarter annual basis, with the | ||
return for January, February , and March of a given year being | ||
due by April 20 of such year; with the return for April, May , | ||
and June of a given year being due by July 20 of such year; | ||
with the return for July, August , and September of a given year | ||
being due by October 20 of such year, and with the return for | ||
October, November , and December of a given year being due by | ||
January 20 of the following year. | ||
If the serviceman's average monthly tax liability to the | ||
Department does not exceed $50, the Department may authorize |
his returns to be filed on an annual basis, with the return for | ||
a given year being due by January 20 of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance, shall be subject to the same requirements as | ||
monthly returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time within which a serviceman may file his return, in the | ||
case of any serviceman who ceases to engage in a kind of | ||
business which makes him responsible for filing returns under | ||
this Act, such serviceman shall file a final return under this | ||
Act with the Department not more than one 1 month after | ||
discontinuing such business. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax liability of $150,000 or more shall make all | ||
payments required by rules of the Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer who has | ||
an average monthly tax liability of $100,000 or more shall | ||
make all payments required by rules of the Department by | ||
electronic funds transfer. Beginning October 1, 1995, a | ||
taxpayer who has an average monthly tax liability of $50,000 | ||
or more shall make all payments required by rules of the | ||
Department by electronic funds transfer. Beginning October 1, | ||
2000, a taxpayer who has an annual tax liability of $200,000 or | ||
more shall make all payments required by rules of the | ||
Department by electronic funds transfer. The term "annual tax | ||
liability" shall be the sum of the taxpayer's liabilities |
under this Act, and under all other State and local occupation | ||
and use tax laws administered by the Department, for the | ||
immediately preceding calendar year. The term "average monthly | ||
tax liability" means the sum of the taxpayer's liabilities | ||
under this Act, and under all other State and local occupation | ||
and use tax laws administered by the Department, for the | ||
immediately preceding calendar year divided by 12. Beginning | ||
on October 1, 2002, a taxpayer who has a tax liability in the | ||
amount set forth in subsection (b) of Section 2505-210 of the | ||
Department of Revenue Law shall make all payments required by | ||
rules of the Department by electronic funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall notify all taxpayers required to make | ||
payments by electronic funds transfer. All taxpayers required | ||
to make payments by electronic funds transfer shall make those | ||
payments for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may make payments by electronic funds transfer | ||
with the permission of the Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and any taxpayers authorized to voluntarily make | ||
payments by electronic funds transfer shall make those | ||
payments in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a program of electronic funds transfer and the | ||
requirements of this Section. |
Where a serviceman collects the tax with respect to the | ||
selling price of tangible personal property which he sells and | ||
the purchaser thereafter returns such tangible personal | ||
property and the serviceman refunds the selling price thereof | ||
to the purchaser, such serviceman shall also refund, to the | ||
purchaser, the tax so collected from the purchaser. When | ||
filing his return for the period in which he refunds such tax | ||
to the purchaser, the serviceman may deduct the amount of the | ||
tax so refunded by him to the purchaser from any other Service | ||
Occupation Tax, Service Use Tax, Retailers' Occupation Tax , or | ||
Use Tax which such serviceman may be required to pay or remit | ||
to the Department, as shown by such return, provided that the | ||
amount of the tax to be deducted shall previously have been | ||
remitted to the Department by such serviceman. If the | ||
serviceman shall not previously have remitted the amount of | ||
such tax to the Department, he shall be entitled to no | ||
deduction hereunder upon refunding such tax to the purchaser. | ||
If experience indicates such action to be practicable, the | ||
Department may prescribe and furnish a combination or joint | ||
return which will enable servicemen, who are required to file | ||
returns hereunder and also under the Retailers' Occupation Tax | ||
Act, the Use Tax Act , or the Service Use Tax Act, to furnish | ||
all the return information required by all said Acts on the one | ||
form. | ||
Where the serviceman has more than one business registered | ||
with the Department under separate registrations hereunder, |
such serviceman shall file separate returns for each | ||
registered business. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the Local Government Tax Fund the revenue realized | ||
for the preceding month from the 1% tax imposed under this Act. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the County and Mass Transit District Fund 4% of the | ||
revenue realized for the preceding month from the 6.25% | ||
general rate on sales of tangible personal property other than | ||
aviation fuel sold on or after December 1, 2019. This | ||
exception for aviation fuel only applies for so long as the | ||
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||
47133 are binding on the State. | ||
Beginning August 1, 2000, each month the Department shall | ||
pay into the County and Mass Transit District Fund 20% of the | ||
net revenue realized for the preceding month from the 1.25% | ||
rate on the selling price of motor fuel and gasohol. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the Local Government Tax Fund 16% of the revenue | ||
realized for the preceding month from the 6.25% general rate | ||
on transfers of tangible personal property other than aviation | ||
fuel sold on or after December 1, 2019. This exception for | ||
aviation fuel only applies for so long as the revenue use | ||
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||
binding on the State. | ||
For aviation fuel sold on or after December 1, 2019, each |
month the Department shall pay into the State Aviation Program | ||
Fund 20% of the net revenue realized for the preceding month | ||
from the 6.25% general rate on the selling price of aviation | ||
fuel, less an amount estimated by the Department to be | ||
required for refunds of the 20% portion of the tax on aviation | ||
fuel under this Act, which amount shall be deposited into the | ||
Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||
pay moneys into the State Aviation Program Fund and the | ||
Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||
as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||
U.S.C. 47133 are binding on the State. | ||
Beginning August 1, 2000, each month the Department shall | ||
pay into the Local Government Tax Fund 80% of the net revenue | ||
realized for the preceding month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. | ||
Beginning October 1, 2009, each month the Department shall | ||
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2013, each month the Department shall | ||
pay into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Retailers' Occupation Tax Act an amount equal to |
the average monthly deficit in the Underground Storage Tank | ||
Fund during the prior year, as certified annually by the | ||
Illinois Environmental Protection Agency, but the total | ||
payment into the Underground Storage Tank Fund under this Act, | ||
the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||
Occupation Tax Act shall not exceed $18,000,000 in any State | ||
fiscal year. As used in this paragraph, the "average monthly | ||
deficit" shall be equal to the difference between the average | ||
monthly claims for payment by the fund and the average monthly | ||
revenues deposited into the fund, excluding payments made | ||
pursuant to this paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, this Act, and the Retailers' Occupation Tax Act, | ||
each month the Department shall deposit $500,000 into the | ||
State Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989, 3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided, however, that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||
may be, of the moneys received by the Department and required | ||
to be paid into the Build Illinois Fund pursuant to Section 3 | ||
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||
Act, Section 9 of the Service Use Tax Act, and Section 9 of the |
Service Occupation Tax Act, such Acts being hereinafter called | ||
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||
may be, of moneys being hereinafter called the "Tax Act | ||
Amount", and (2) the amount transferred to the Build Illinois | ||
Fund from the State and Local Sales Tax Reform Fund shall be | ||
less than the Annual Specified Amount (as defined in Section 3 | ||
of the Retailers' Occupation Tax Act), an amount equal to the | ||
difference shall be immediately paid into the Build Illinois | ||
Fund from other moneys received by the Department pursuant to | ||
the Tax Acts; and further provided, that if on the last | ||
business day of any month the sum of (1) the Tax Act Amount | ||
required to be deposited into the Build Illinois Account in | ||
the Build Illinois Fund during such month and (2) the amount | ||
transferred during such month to the Build Illinois Fund from | ||
the State and Local Sales Tax Reform Fund shall have been less | ||
than 1/12 of the Annual Specified Amount, an amount equal to | ||
the difference shall be immediately paid into the Build | ||
Illinois Fund from other moneys received by the Department | ||
pursuant to the Tax Acts; and, further provided, that in no | ||
event shall the payments required under the preceding proviso | ||
result in aggregate payments into the Build Illinois Fund | ||
pursuant to this clause (b) for any fiscal year in excess of | ||
the greater of (i) the Tax Act Amount or (ii) the Annual | ||
Specified Amount for such fiscal year; and, further provided, | ||
that the amounts payable into the Build Illinois Fund under | ||
this clause (b) shall be payable only until such time as the |
aggregate amount on deposit under each trust indenture | ||
securing Bonds issued and outstanding pursuant to the Build | ||
Illinois Bond Act is sufficient, taking into account any | ||
future investment income, to fully provide, in accordance with | ||
such indenture, for the defeasance of or the payment of the | ||
principal of, premium, if any, and interest on the Bonds | ||
secured by such indenture and on any Bonds expected to be | ||
issued thereafter and all fees and costs payable with respect | ||
thereto, all as certified by the Director of the Bureau of the | ||
Budget (now Governor's Office of Management and Budget). If on | ||
the last business day of any month in which Bonds are | ||
outstanding pursuant to the Build Illinois Bond Act, the | ||
aggregate of the moneys deposited in the Build Illinois Bond | ||
Account in the Build Illinois Fund in such month shall be less | ||
than the amount required to be transferred in such month from | ||
the Build Illinois Bond Account to the Build Illinois Bond | ||
Retirement and Interest Fund pursuant to Section 13 of the | ||
Build Illinois Bond Act, an amount equal to such deficiency | ||
shall be immediately paid from other moneys received by the | ||
Department pursuant to the Tax Acts to the Build Illinois | ||
Fund; provided, however, that any amounts paid to the Build | ||
Illinois Fund in any fiscal year pursuant to this sentence | ||
shall be deemed to constitute payments pursuant to clause (b) | ||
of the preceding sentence and shall reduce the amount | ||
otherwise payable for such fiscal year pursuant to clause (b) | ||
of the preceding sentence. The moneys received by the |
Department pursuant to this Act and required to be deposited | |||||||||||||||||||||||||||||
into the Build Illinois Fund are subject to the pledge, claim | |||||||||||||||||||||||||||||
and charge set forth in Section 12 of the Build Illinois Bond | |||||||||||||||||||||||||||||
Act. | |||||||||||||||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||
as provided in the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||
thereto hereafter enacted, the following specified monthly | |||||||||||||||||||||||||||||
installment of the amount requested in the certificate of the | |||||||||||||||||||||||||||||
Chairman of the Metropolitan Pier and Exposition Authority | |||||||||||||||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||
in excess of the sums designated as "Total Deposit", shall be | |||||||||||||||||||||||||||||
deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||
the Use Tax Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||||||||||
9 of the Service Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place | |||||||||||||||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(g) of Section 13 of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Authority Act, plus cumulative deficiencies in the deposits |
required under this Section for previous months and years, | ||
shall be deposited into the McCormick Place Expansion Project | ||
Fund, until the full amount requested for the fiscal year, but | ||
not in excess of the amount specified above as "Total | ||
Deposit", has been deposited. | ||
Subject to payment of amounts into the Capital Projects | ||
Fund, the Build Illinois Fund, and the McCormick Place | ||
Expansion Project Fund pursuant to the preceding paragraphs or | ||
in any amendments thereto hereafter enacted, for aviation fuel | ||
sold on or after December 1, 2019, the Department shall each | ||
month deposit into the Aviation Fuel Sales Tax Refund Fund an | ||
amount estimated by the Department to be required for refunds | ||
of the 80% portion of the tax on aviation fuel under this Act. | ||
The Department shall only deposit moneys into the Aviation | ||
Fuel Sales Tax Refund Fund under this paragraph for so long as | ||
the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||
U.S.C. 47133 are binding on the State. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any amendments thereto hereafter | ||
enacted, beginning July 1, 1993 and ending on September 30, | ||
2013, the Department shall each month pay into the Illinois | ||
Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||
the preceding month from the 6.25% general rate on the selling | ||
price of tangible personal property. | ||
Subject to payment of amounts into the Build Illinois |
Fund, the McCormick Place Expansion Project Fund, and the | ||
Illinois Tax Increment Fund pursuant to the preceding | ||
paragraphs or in any amendments to this Section hereafter | ||
enacted, beginning on the first day of the first calendar | ||
month to occur on or after August 26, 2014 (the effective date | ||
of Public Act 98-1098), each month, from the collections made | ||
under Section 9 of the Use Tax Act, Section 9 of the Service | ||
Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||
Section 3 of the Retailers' Occupation Tax Act, the Department | ||
shall pay into the Tax Compliance and Administration Fund, to | ||
be used, subject to appropriation, to fund additional auditors | ||
and compliance personnel at the Department of Revenue, an | ||
amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, and the Tax Compliance and Administration | ||
Fund as provided in this Section, beginning on July 1, 2018 the | ||
Department shall pay each month into the Downstate Public | ||
Transportation Fund the moneys required to be so paid under | ||
Section 2-3 of the Downstate Public Transportation Act. | ||
Subject to successful execution and delivery of a |
public-private agreement between the public agency and private | ||
entity and completion of the civic build, beginning on July 1, | ||
2023, of the remainder of the moneys received by the | ||
Department under the Use Tax Act, the Service Use Tax Act, the | ||
Service Occupation Tax Act, and this Act, the Department shall | ||
deposit the following specified deposits in the aggregate from | ||
collections under the Use Tax Act, the Service Use Tax Act, the | ||
Service Occupation Tax Act, and the Retailers' Occupation Tax | ||
Act, as required under Section 8.25g of the State Finance Act | ||
for distribution consistent with the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. | ||
The moneys received by the Department pursuant to this Act and | ||
required to be deposited into the Civic and Transit | ||
Infrastructure Fund are subject to the pledge, claim and | ||
charge set forth in Section 25-55 of the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. | ||
As used in this paragraph, "civic build", "private entity", | ||
"public-private agreement", and "public agency" have the | ||
meanings provided in Section 25-10 of the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. | ||
Fiscal Year ............................Total Deposit | ||
2024 ....................................$200,000,000 | ||
2025 ....................................$206,000,000 | ||
2026 ....................................$212,200,000 | ||
2027 ....................................$218,500,000 | ||
2028 ....................................$225,100,000 |
2029 ....................................$288,700,000 | ||
2030 ....................................$298,900,000 | ||
2031 ....................................$309,300,000 | ||
2032 ....................................$320,100,000 | ||
2033 ....................................$331,200,000 | ||
2034 ....................................$341,200,000 | ||
2035 ....................................$351,400,000 | ||
2036 ....................................$361,900,000 | ||
2037 ....................................$372,800,000 | ||
2038 ....................................$384,000,000 | ||
2039 ....................................$395,500,000 | ||
2040 ....................................$407,400,000 | ||
2041 ....................................$419,600,000 | ||
2042 ....................................$432,200,000 | ||
2043 ....................................$445,100,000 | ||
Beginning July 1, 2021 and until July 1, 2022, subject to | ||
the payment of amounts into the County and Mass Transit | ||
District Fund, the Local Government Tax Fund, the Build | ||
Illinois Fund, the McCormick Place Expansion Project Fund, the | ||
Illinois Tax Increment Fund, and the Tax Compliance and | ||
Administration Fund as provided in this Section, the | ||
Department shall pay each month into the Road Fund the amount | ||
estimated to represent 16% of the net revenue realized from | ||
the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||
2022 and until July 1, 2023, subject to the payment of amounts | ||
into the County and Mass Transit District Fund, the Local |
Government Tax Fund, the Build Illinois Fund, the McCormick | ||
Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||
and the Tax Compliance and Administration Fund as provided in | ||
this Section, the Department shall pay each month into the | ||
Road Fund the amount estimated to represent 32% of the net | ||
revenue realized from the taxes imposed on motor fuel and | ||
gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||
subject to the payment of amounts into the County and Mass | ||
Transit District Fund, the Local Government Tax Fund, the | ||
Build Illinois Fund, the McCormick Place Expansion Project | ||
Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||
and Administration Fund as provided in this Section, the | ||
Department shall pay each month into the Road Fund the amount | ||
estimated to represent 48% of the net revenue realized from | ||
the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||
2024 and until July 1, 2025, subject to the payment of amounts | ||
into the County and Mass Transit District Fund, the Local | ||
Government Tax Fund, the Build Illinois Fund, the McCormick | ||
Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||
and the Tax Compliance and Administration Fund as provided in | ||
this Section, the Department shall pay each month into the | ||
Road Fund the amount estimated to represent 64% of the net | ||
revenue realized from the taxes imposed on motor fuel and | ||
gasohol. Beginning on July 1, 2025, subject to the payment of | ||
amounts into the County and Mass Transit District Fund, the | ||
Local Government Tax Fund, the Build Illinois Fund, the |
McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Tax Compliance and Administration Fund | ||
as provided in this Section, the Department shall pay each | ||
month into the Road Fund the amount estimated to represent 80% | ||
of the net revenue realized from the taxes imposed on motor | ||
fuel and gasohol. As used in this paragraph "motor fuel" has | ||
the meaning given to that term in Section 1.1 of the Motor Fuel | ||
Tax Law, and "gasohol" has the meaning given to that term in | ||
Section 3-40 of the Use Tax Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this Act, 75% shall be paid into the General | ||
Revenue Fund of the State treasury Treasury and 25% shall be | ||
reserved in a special account and used only for the transfer to | ||
the Common School Fund as part of the monthly transfer from the | ||
General Revenue Fund in accordance with Section 8a of the | ||
State Finance Act. | ||
The Department may, upon separate written notice to a | ||
taxpayer, require the taxpayer to prepare and file with the | ||
Department on a form prescribed by the Department within not | ||
less than 60 days after receipt of the notice an annual | ||
information return for the tax year specified in the notice. | ||
Such annual return to the Department shall include a statement | ||
of gross receipts as shown by the taxpayer's last federal | ||
Federal income tax return. If the total receipts of the | ||
business as reported in the federal Federal income tax return | ||
do not agree with the gross receipts reported to the |
Department of Revenue for the same period, the taxpayer shall | ||
attach to his annual return a schedule showing a | ||
reconciliation of the 2 amounts and the reasons for the | ||
difference. The taxpayer's annual return to the Department | ||
shall also disclose the cost of goods sold by the taxpayer | ||
during the year covered by such return, opening and closing | ||
inventories of such goods for such year, cost of goods used | ||
from stock or taken from stock and given away by the taxpayer | ||
during such year, pay roll information of the taxpayer's | ||
business during such year and any additional reasonable | ||
information which the Department deems would be helpful in | ||
determining the accuracy of the monthly, quarterly or annual | ||
returns filed by such taxpayer as hereinbefore provided for in | ||
this Section. | ||
If the annual information return required by this Section | ||
is not filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be | ||
liable for a penalty equal to 1/6 of 1% of the tax due from | ||
such taxpayer under this Act during the period to be | ||
covered by the annual return for each month or fraction of | ||
a month until such return is filed as required, the | ||
penalty to be assessed and collected in the same manner as | ||
any other penalty provided for in this Act. | ||
(ii) On and after January 1, 1994, the taxpayer shall | ||
be liable for a penalty as described in Section 3-4 of the |
Uniform Penalty and Interest Act. | ||
The chief executive officer, proprietor, owner , or highest | ||
ranking manager shall sign the annual return to certify the | ||
accuracy of the information contained therein. Any person who | ||
willfully signs the annual return containing false or | ||
inaccurate information shall be guilty of perjury and punished | ||
accordingly. The annual return form prescribed by the | ||
Department shall include a warning that the person signing the | ||
return may be liable for perjury. | ||
The foregoing portion of this Section concerning the | ||
filing of an annual information return shall not apply to a | ||
serviceman who is not required to file an income tax return | ||
with the United States Government. | ||
As soon as possible after the first day of each month, upon | ||
certification of the Department of Revenue, the Comptroller | ||
shall order transferred and the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized under this Act | ||
for the second preceding month. Beginning April 1, 2000, this | ||
transfer is no longer required and shall not be made. | ||
Net revenue realized for a month shall be the revenue | ||
collected by the State pursuant to this Act, less the amount | ||
paid out during that month as refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, it shall be | ||
permissible for manufacturers, importers and wholesalers whose |
products are sold by numerous servicemen in Illinois, and who | ||
wish to do so, to assume the responsibility for accounting and | ||
paying to the Department all tax accruing under this Act with | ||
respect to such sales, if the servicemen who are affected do | ||
not make written objection to the Department to this | ||
arrangement. | ||
(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; | ||
103-363, eff. 7-28-23; revised 9-25-23.) | ||
(35 ILCS 115/12) (from Ch. 120, par. 439.112) | ||
Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i, | ||
1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3 | ||
(except as to the disposition by the Department of the tax | ||
collected under this Act), 4 (except that the time limitation | ||
provisions shall run from the date when the tax is due rather | ||
than from the date when gross receipts are received), 5 | ||
(except that the time limitation provisions on the issuance of | ||
notices of tax liability shall run from the date when the tax | ||
is due rather than from the date when gross receipts are | ||
received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d, | ||
7, 8, 9, 10, 11 , and 12 of the " Retailers' Occupation Tax Act " | ||
which are not inconsistent with this Act, and Section 3-7 of | ||
the Uniform Penalty and Interest Act shall apply, as far as | ||
practicable, to the subject matter of this Act to the same | ||
extent as if such provisions were included herein. | ||
(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23; |
revised 9-26-23.) | ||
Section 205. The Retailers' Occupation Tax Act is amended | ||
by changing Sections 2-5 and 3 as follows: | ||
(35 ILCS 120/2-5) | ||
Sec. 2-5. Exemptions. Gross receipts from proceeds from | ||
the sale of the following tangible personal property are | ||
exempt from the tax imposed by this Act: | ||
(1) Farm chemicals. | ||
(2) Farm machinery and equipment, both new and used, | ||
including that manufactured on special order, certified by | ||
the purchaser to be used primarily for production | ||
agriculture or State or federal agricultural programs, | ||
including individual replacement parts for the machinery | ||
and equipment, including machinery and equipment purchased | ||
for lease, and including implements of husbandry defined | ||
in Section 1-130 of the Illinois Vehicle Code, farm | ||
machinery and agricultural chemical and fertilizer | ||
spreaders, and nurse wagons required to be registered | ||
under Section 3-809 of the Illinois Vehicle Code, but | ||
excluding other motor vehicles required to be registered | ||
under the Illinois Vehicle Code. Horticultural polyhouses | ||
or hoop houses used for propagating, growing, or | ||
overwintering plants shall be considered farm machinery | ||
and equipment under this item (2). Agricultural chemical |
tender tanks and dry boxes shall include units sold | ||
separately from a motor vehicle required to be licensed | ||
and units sold mounted on a motor vehicle required to be | ||
licensed, if the selling price of the tender is separately | ||
stated. | ||
Farm machinery and equipment shall include precision | ||
farming equipment that is installed or purchased to be | ||
installed on farm machinery and equipment including, but | ||
not limited to, tractors, harvesters, sprayers, planters, | ||
seeders, or spreaders. Precision farming equipment | ||
includes, but is not limited to, soil testing sensors, | ||
computers, monitors, software, global positioning and | ||
mapping systems, and other such equipment. | ||
Farm machinery and equipment also includes computers, | ||
sensors, software, and related equipment used primarily in | ||
the computer-assisted operation of production agriculture | ||
facilities, equipment, and activities such as, but not | ||
limited to, the collection, monitoring, and correlation of | ||
animal and crop data for the purpose of formulating animal | ||
diets and agricultural chemicals. | ||
Beginning on January 1, 2024, farm machinery and | ||
equipment also includes electrical power generation | ||
equipment used primarily for production agriculture. | ||
This item (2) is exempt from the provisions of Section | ||
2-70. | ||
(3) Until July 1, 2003, distillation machinery and |
equipment, sold as a unit or kit, assembled or installed | ||
by the retailer, certified by the user to be used only for | ||
the production of ethyl alcohol that will be used for | ||
consumption as motor fuel or as a component of motor fuel | ||
for the personal use of the user, and not subject to sale | ||
or resale. | ||
(4) Until July 1, 2003 and beginning again September | ||
1, 2004 through August 30, 2014, graphic arts machinery | ||
and equipment, including repair and replacement parts, | ||
both new and used, and including that manufactured on | ||
special order or purchased for lease, certified by the | ||
purchaser to be used primarily for graphic arts | ||
production. Equipment includes chemicals or chemicals | ||
acting as catalysts but only if the chemicals or chemicals | ||
acting as catalysts effect a direct and immediate change | ||
upon a graphic arts product. Beginning on July 1, 2017, | ||
graphic arts machinery and equipment is included in the | ||
manufacturing and assembling machinery and equipment | ||
exemption under paragraph (14). | ||
(5) A motor vehicle that is used for automobile | ||
renting, as defined in the Automobile Renting Occupation | ||
and Use Tax Act. This paragraph is exempt from the | ||
provisions of Section 2-70. | ||
(6) Personal property sold by a teacher-sponsored | ||
student organization affiliated with an elementary or | ||
secondary school located in Illinois. |
(7) Until July 1, 2003, proceeds of that portion of | ||
the selling price of a passenger car the sale of which is | ||
subject to the Replacement Vehicle Tax. | ||
(8) Personal property sold to an Illinois county fair | ||
association for use in conducting, operating, or promoting | ||
the county fair. | ||
(9) Personal property sold to a not-for-profit arts or | ||
cultural organization that establishes, by proof required | ||
by the Department by rule, that it has received an | ||
exemption under Section 501(c)(3) of the Internal Revenue | ||
Code and that is organized and operated primarily for the | ||
presentation or support of arts or cultural programming, | ||
activities, or services. These organizations include, but | ||
are not limited to, music and dramatic arts organizations | ||
such as symphony orchestras and theatrical groups, arts | ||
and cultural service organizations, local arts councils, | ||
visual arts organizations, and media arts organizations. | ||
On and after July 1, 2001 (the effective date of Public Act | ||
92-35), however, an entity otherwise eligible for this | ||
exemption shall not make tax-free purchases unless it has | ||
an active identification number issued by the Department. | ||
(10) Personal property sold by a corporation, society, | ||
association, foundation, institution, or organization, | ||
other than a limited liability company, that is organized | ||
and operated as a not-for-profit service enterprise for | ||
the benefit of persons 65 years of age or older if the |
personal property was not purchased by the enterprise for | ||
the purpose of resale by the enterprise. | ||
(11) Except as otherwise provided in this Section, | ||
personal property sold to a governmental body, to a | ||
corporation, society, association, foundation, or | ||
institution organized and operated exclusively for | ||
charitable, religious, or educational purposes, or to a | ||
not-for-profit corporation, society, association, | ||
foundation, institution, or organization that has no | ||
compensated officers or employees and that is organized | ||
and operated primarily for the recreation of persons 55 | ||
years of age or older. A limited liability company may | ||
qualify for the exemption under this paragraph only if the | ||
limited liability company is organized and operated | ||
exclusively for educational purposes. On and after July 1, | ||
1987, however, no entity otherwise eligible for this | ||
exemption shall make tax-free purchases unless it has an | ||
active identification number issued by the Department. | ||
(12) (Blank). | ||
(12-5) On and after July 1, 2003 and through June 30, | ||
2004, motor vehicles of the second division with a gross | ||
vehicle weight in excess of 8,000 pounds that are subject | ||
to the commercial distribution fee imposed under Section | ||
3-815.1 of the Illinois Vehicle Code. Beginning on July 1, | ||
2004 and through June 30, 2005, the use in this State of | ||
motor vehicles of the second division: (i) with a gross |
vehicle weight rating in excess of 8,000 pounds; (ii) that | ||
are subject to the commercial distribution fee imposed | ||
under Section 3-815.1 of the Illinois Vehicle Code; and | ||
(iii) that are primarily used for commercial purposes. | ||
Through June 30, 2005, this exemption applies to repair | ||
and replacement parts added after the initial purchase of | ||
such a motor vehicle if that motor vehicle is used in a | ||
manner that would qualify for the rolling stock exemption | ||
otherwise provided for in this Act. For purposes of this | ||
paragraph, "used for commercial purposes" means the | ||
transportation of persons or property in furtherance of | ||
any commercial or industrial enterprise whether for-hire | ||
or not. | ||
(13) Proceeds from sales to owners, lessors, or | ||
shippers of tangible personal property that is utilized by | ||
interstate carriers for hire for use as rolling stock | ||
moving in interstate commerce and equipment operated by a | ||
telecommunications provider, licensed as a common carrier | ||
by the Federal Communications Commission, which is | ||
permanently installed in or affixed to aircraft moving in | ||
interstate commerce. | ||
(14) Machinery and equipment that will be used by the | ||
purchaser, or a lessee of the purchaser, primarily in the | ||
process of manufacturing or assembling tangible personal | ||
property for wholesale or retail sale or lease, whether | ||
the sale or lease is made directly by the manufacturer or |
by some other person, whether the materials used in the | ||
process are owned by the manufacturer or some other | ||
person, or whether the sale or lease is made apart from or | ||
as an incident to the seller's engaging in the service | ||
occupation of producing machines, tools, dies, jigs, | ||
patterns, gauges, or other similar items of no commercial | ||
value on special order for a particular purchaser. The | ||
exemption provided by this paragraph (14) does not include | ||
machinery and equipment used in (i) the generation of | ||
electricity for wholesale or retail sale; (ii) the | ||
generation or treatment of natural or artificial gas for | ||
wholesale or retail sale that is delivered to customers | ||
through pipes, pipelines, or mains; or (iii) the treatment | ||
of water for wholesale or retail sale that is delivered to | ||
customers through pipes, pipelines, or mains. The | ||
provisions of Public Act 98-583 are declaratory of | ||
existing law as to the meaning and scope of this | ||
exemption. Beginning on July 1, 2017, the exemption | ||
provided by this paragraph (14) includes, but is not | ||
limited to, graphic arts machinery and equipment, as | ||
defined in paragraph (4) of this Section. | ||
(15) Proceeds of mandatory service charges separately | ||
stated on customers' bills for purchase and consumption of | ||
food and beverages, to the extent that the proceeds of the | ||
service charge are in fact turned over as tips or as a | ||
substitute for tips to the employees who participate |
directly in preparing, serving, hosting or cleaning up the | ||
food or beverage function with respect to which the | ||
service charge is imposed. | ||
(16) Tangible personal property sold to a purchaser if | ||
the purchaser is exempt from use tax by operation of | ||
federal law. This paragraph is exempt from the provisions | ||
of Section 2-70. | ||
(17) Tangible personal property sold to a common | ||
carrier by rail or motor that receives the physical | ||
possession of the property in Illinois and that transports | ||
the property, or shares with another common carrier in the | ||
transportation of the property, out of Illinois on a | ||
standard uniform bill of lading showing the seller of the | ||
property as the shipper or consignor of the property to a | ||
destination outside Illinois, for use outside Illinois. | ||
(18) Legal tender, currency, medallions, or gold or | ||
silver coinage issued by the State of Illinois, the | ||
government of the United States of America, or the | ||
government of any foreign country, and bullion. | ||
(19) Until July 1, 2003, oil field exploration, | ||
drilling, and production equipment, including (i) rigs and | ||
parts of rigs, rotary rigs, cable tool rigs, and workover | ||
rigs, (ii) pipe and tubular goods, including casing and | ||
drill strings, (iii) pumps and pump-jack units, (iv) | ||
storage tanks and flow lines, (v) any individual | ||
replacement part for oil field exploration, drilling, and |
production equipment, and (vi) machinery and equipment | ||
purchased for lease; but excluding motor vehicles required | ||
to be registered under the Illinois Vehicle Code. | ||
(20) Photoprocessing machinery and equipment, | ||
including repair and replacement parts, both new and used, | ||
including that manufactured on special order, certified by | ||
the purchaser to be used primarily for photoprocessing, | ||
and including photoprocessing machinery and equipment | ||
purchased for lease. | ||
(21) Until July 1, 2028, coal and aggregate | ||
exploration, mining, off-highway hauling, processing, | ||
maintenance, and reclamation equipment, including | ||
replacement parts and equipment, and including equipment | ||
purchased for lease, but excluding motor vehicles required | ||
to be registered under the Illinois Vehicle Code. The | ||
changes made to this Section by Public Act 97-767 apply on | ||
and after July 1, 2003, but no claim for credit or refund | ||
is allowed on or after August 16, 2013 (the effective date | ||
of Public Act 98-456) for such taxes paid during the | ||
period beginning July 1, 2003 and ending on August 16, | ||
2013 (the effective date of Public Act 98-456). | ||
(22) Until June 30, 2013, fuel and petroleum products | ||
sold to or used by an air carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a | ||
flight destined for or returning from a location or |
locations outside the United States without regard to | ||
previous or subsequent domestic stopovers. | ||
Beginning July 1, 2013, fuel and petroleum products | ||
sold to or used by an air carrier, certified by the carrier | ||
to be used for consumption, shipment, or storage in the | ||
conduct of its business as an air common carrier, for a | ||
flight that (i) is engaged in foreign trade or is engaged | ||
in trade between the United States and any of its | ||
possessions and (ii) transports at least one individual or | ||
package for hire from the city of origination to the city | ||
of final destination on the same aircraft, without regard | ||
to a change in the flight number of that aircraft. | ||
(23) A transaction in which the purchase order is | ||
received by a florist who is located outside Illinois, but | ||
who has a florist located in Illinois deliver the property | ||
to the purchaser or the purchaser's donee in Illinois. | ||
(24) Fuel consumed or used in the operation of ships, | ||
barges, or vessels that are used primarily in or for the | ||
transportation of property or the conveyance of persons | ||
for hire on rivers bordering on this State if the fuel is | ||
delivered by the seller to the purchaser's barge, ship, or | ||
vessel while it is afloat upon that bordering river. | ||
(25) Except as provided in item (25-5) of this | ||
Section, a motor vehicle sold in this State to a | ||
nonresident even though the motor vehicle is delivered to | ||
the nonresident in this State, if the motor vehicle is not |
to be titled in this State, and if a drive-away permit is | ||
issued to the motor vehicle as provided in Section 3-603 | ||
of the Illinois Vehicle Code or if the nonresident | ||
purchaser has vehicle registration plates to transfer to | ||
the motor vehicle upon returning to his or her home state. | ||
The issuance of the drive-away permit or having the | ||
out-of-state registration plates to be transferred is | ||
prima facie evidence that the motor vehicle will not be | ||
titled in this State. | ||
(25-5) The exemption under item (25) does not apply if | ||
the state in which the motor vehicle will be titled does | ||
not allow a reciprocal exemption for a motor vehicle sold | ||
and delivered in that state to an Illinois resident but | ||
titled in Illinois. The tax collected under this Act on | ||
the sale of a motor vehicle in this State to a resident of | ||
another state that does not allow a reciprocal exemption | ||
shall be imposed at a rate equal to the state's rate of tax | ||
on taxable property in the state in which the purchaser is | ||
a resident, except that the tax shall not exceed the tax | ||
that would otherwise be imposed under this Act. At the | ||
time of the sale, the purchaser shall execute a statement, | ||
signed under penalty of perjury, of his or her intent to | ||
title the vehicle in the state in which the purchaser is a | ||
resident within 30 days after the sale and of the fact of | ||
the payment to the State of Illinois of tax in an amount | ||
equivalent to the state's rate of tax on taxable property |
in his or her state of residence and shall submit the | ||
statement to the appropriate tax collection agency in his | ||
or her state of residence. In addition, the retailer must | ||
retain a signed copy of the statement in his or her | ||
records. Nothing in this item shall be construed to | ||
require the removal of the vehicle from this state | ||
following the filing of an intent to title the vehicle in | ||
the purchaser's state of residence if the purchaser titles | ||
the vehicle in his or her state of residence within 30 days | ||
after the date of sale. The tax collected under this Act in | ||
accordance with this item (25-5) shall be proportionately | ||
distributed as if the tax were collected at the 6.25% | ||
general rate imposed under this Act. | ||
(25-7) Beginning on July 1, 2007, no tax is imposed | ||
under this Act on the sale of an aircraft, as defined in | ||
Section 3 of the Illinois Aeronautics Act, if all of the | ||
following conditions are met: | ||
(1) the aircraft leaves this State within 15 days | ||
after the later of either the issuance of the final | ||
billing for the sale of the aircraft, or the | ||
authorized approval for return to service, completion | ||
of the maintenance record entry, and completion of the | ||
test flight and ground test for inspection, as | ||
required by 14 CFR 91.407; | ||
(2) the aircraft is not based or registered in | ||
this State after the sale of the aircraft; and |
(3) the seller retains in his or her books and | ||
records and provides to the Department a signed and | ||
dated certification from the purchaser, on a form | ||
prescribed by the Department, certifying that the | ||
requirements of this item (25-7) are met. The | ||
certificate must also include the name and address of | ||
the purchaser, the address of the location where the | ||
aircraft is to be titled or registered, the address of | ||
the primary physical location of the aircraft, and | ||
other information that the Department may reasonably | ||
require. | ||
For purposes of this item (25-7): | ||
"Based in this State" means hangared, stored, or | ||
otherwise used, excluding post-sale customizations as | ||
defined in this Section, for 10 or more days in each | ||
12-month period immediately following the date of the sale | ||
of the aircraft. | ||
"Registered in this State" means an aircraft | ||
registered with the Department of Transportation, | ||
Aeronautics Division, or titled or registered with the | ||
Federal Aviation Administration to an address located in | ||
this State. | ||
This paragraph (25-7) is exempt from the provisions of | ||
Section 2-70. | ||
(26) Semen used for artificial insemination of | ||
livestock for direct agricultural production. |
(27) Horses, or interests in horses, registered with | ||
and meeting the requirements of any of the Arabian Horse | ||
Club Registry of America, Appaloosa Horse Club, American | ||
Quarter Horse Association, United States Trotting | ||
Association, or Jockey Club, as appropriate, used for | ||
purposes of breeding or racing for prizes. This item (27) | ||
is exempt from the provisions of Section 2-70, and the | ||
exemption provided for under this item (27) applies for | ||
all periods beginning May 30, 1995, but no claim for | ||
credit or refund is allowed on or after January 1, 2008 | ||
(the effective date of Public Act 95-88) for such taxes | ||
paid during the period beginning May 30, 2000 and ending | ||
on January 1, 2008 (the effective date of Public Act | ||
95-88). | ||
(28) Computers and communications equipment utilized | ||
for any hospital purpose and equipment used in the | ||
diagnosis, analysis, or treatment of hospital patients | ||
sold to a lessor who leases the equipment, under a lease of | ||
one year or longer executed or in effect at the time of the | ||
purchase, to a hospital that has been issued an active tax | ||
exemption identification number by the Department under | ||
Section 1g of this Act. | ||
(29) Personal property sold to a lessor who leases the | ||
property, under a lease of one year or longer executed or | ||
in effect at the time of the purchase, to a governmental | ||
body that has been issued an active tax exemption |
identification number by the Department under Section 1g | ||
of this Act. | ||
(30) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on | ||
or before December 31, 2004, personal property that is | ||
donated for disaster relief to be used in a State or | ||
federally declared disaster area in Illinois or bordering | ||
Illinois by a manufacturer or retailer that is registered | ||
in this State to a corporation, society, association, | ||
foundation, or institution that has been issued a sales | ||
tax exemption identification number by the Department that | ||
assists victims of the disaster who reside within the | ||
declared disaster area. | ||
(31) Beginning with taxable years ending on or after | ||
December 31, 1995 and ending with taxable years ending on | ||
or before December 31, 2004, personal property that is | ||
used in the performance of infrastructure repairs in this | ||
State, including , but not limited to , municipal roads and | ||
streets, access roads, bridges, sidewalks, waste disposal | ||
systems, water and sewer line extensions, water | ||
distribution and purification facilities, storm water | ||
drainage and retention facilities, and sewage treatment | ||
facilities, resulting from a State or federally declared | ||
disaster in Illinois or bordering Illinois when such | ||
repairs are initiated on facilities located in the | ||
declared disaster area within 6 months after the disaster. |
(32) Beginning July 1, 1999, game or game birds sold | ||
at a "game breeding and hunting preserve area" as that | ||
term is used in the Wildlife Code. This paragraph is | ||
exempt from the provisions of Section 2-70. | ||
(33) A motor vehicle, as that term is defined in | ||
Section 1-146 of the Illinois Vehicle Code, that is | ||
donated to a corporation, limited liability company, | ||
society, association, foundation, or institution that is | ||
determined by the Department to be organized and operated | ||
exclusively for educational purposes. For purposes of this | ||
exemption, "a corporation, limited liability company, | ||
society, association, foundation, or institution organized | ||
and operated exclusively for educational purposes" means | ||
all tax-supported public schools, private schools that | ||
offer systematic instruction in useful branches of | ||
learning by methods common to public schools and that | ||
compare favorably in their scope and intensity with the | ||
course of study presented in tax-supported schools, and | ||
vocational or technical schools or institutes organized | ||
and operated exclusively to provide a course of study of | ||
not less than 6 weeks duration and designed to prepare | ||
individuals to follow a trade or to pursue a manual, | ||
technical, mechanical, industrial, business, or commercial | ||
occupation. | ||
(34) Beginning January 1, 2000, personal property, | ||
including food, purchased through fundraising events for |
the benefit of a public or private elementary or secondary | ||
school, a group of those schools, or one or more school | ||
districts if the events are sponsored by an entity | ||
recognized by the school district that consists primarily | ||
of volunteers and includes parents and teachers of the | ||
school children. This paragraph does not apply to | ||
fundraising events (i) for the benefit of private home | ||
instruction or (ii) for which the fundraising entity | ||
purchases the personal property sold at the events from | ||
another individual or entity that sold the property for | ||
the purpose of resale by the fundraising entity and that | ||
profits from the sale to the fundraising entity. This | ||
paragraph is exempt from the provisions of Section 2-70. | ||
(35) Beginning January 1, 2000 and through December | ||
31, 2001, new or used automatic vending machines that | ||
prepare and serve hot food and beverages, including | ||
coffee, soup, and other items, and replacement parts for | ||
these machines. Beginning January 1, 2002 and through June | ||
30, 2003, machines and parts for machines used in | ||
commercial, coin-operated amusement and vending business | ||
if a use or occupation tax is paid on the gross receipts | ||
derived from the use of the commercial, coin-operated | ||
amusement and vending machines. This paragraph is exempt | ||
from the provisions of Section 2-70. | ||
(35-5) Beginning August 23, 2001 and through June 30, | ||
2016, food for human consumption that is to be consumed |
off the premises where it is sold (other than alcoholic | ||
beverages, soft drinks, and food that has been prepared | ||
for immediate consumption) and prescription and | ||
nonprescription medicines, drugs, medical appliances, and | ||
insulin, urine testing materials, syringes, and needles | ||
used by diabetics, for human use, when purchased for use | ||
by a person receiving medical assistance under Article V | ||
of the Illinois Public Aid Code who resides in a licensed | ||
long-term care facility, as defined in the Nursing Home | ||
Care Act, or a licensed facility as defined in the ID/DD | ||
Community Care Act, the MC/DD Act, or the Specialized | ||
Mental Health Rehabilitation Act of 2013. | ||
(36) Beginning August 2, 2001, computers and | ||
communications equipment utilized for any hospital purpose | ||
and equipment used in the diagnosis, analysis, or | ||
treatment of hospital patients sold to a lessor who leases | ||
the equipment, under a lease of one year or longer | ||
executed or in effect at the time of the purchase, to a | ||
hospital that has been issued an active tax exemption | ||
identification number by the Department under Section 1g | ||
of this Act. This paragraph is exempt from the provisions | ||
of Section 2-70. | ||
(37) Beginning August 2, 2001, personal property sold | ||
to a lessor who leases the property, under a lease of one | ||
year or longer executed or in effect at the time of the | ||
purchase, to a governmental body that has been issued an |
active tax exemption identification number by the | ||
Department under Section 1g of this Act. This paragraph is | ||
exempt from the provisions of Section 2-70. | ||
(38) Beginning on January 1, 2002 and through June 30, | ||
2016, tangible personal property purchased from an | ||
Illinois retailer by a taxpayer engaged in centralized | ||
purchasing activities in Illinois who will, upon receipt | ||
of the property in Illinois, temporarily store the | ||
property in Illinois (i) for the purpose of subsequently | ||
transporting it outside this State for use or consumption | ||
thereafter solely outside this State or (ii) for the | ||
purpose of being processed, fabricated, or manufactured | ||
into, attached to, or incorporated into other tangible | ||
personal property to be transported outside this State and | ||
thereafter used or consumed solely outside this State. The | ||
Director of Revenue shall, pursuant to rules adopted in | ||
accordance with the Illinois Administrative Procedure Act, | ||
issue a permit to any taxpayer in good standing with the | ||
Department who is eligible for the exemption under this | ||
paragraph (38). The permit issued under this paragraph | ||
(38) shall authorize the holder, to the extent and in the | ||
manner specified in the rules adopted under this Act, to | ||
purchase tangible personal property from a retailer exempt | ||
from the taxes imposed by this Act. Taxpayers shall | ||
maintain all necessary books and records to substantiate | ||
the use and consumption of all such tangible personal |
property outside of the State of Illinois. | ||
(39) Beginning January 1, 2008, tangible personal | ||
property used in the construction or maintenance of a | ||
community water supply, as defined under Section 3.145 of | ||
the Environmental Protection Act, that is operated by a | ||
not-for-profit corporation that holds a valid water supply | ||
permit issued under Title IV of the Environmental | ||
Protection Act. This paragraph is exempt from the | ||
provisions of Section 2-70. | ||
(40) Beginning January 1, 2010 and continuing through | ||
December 31, 2029, materials, parts, equipment, | ||
components, and furnishings incorporated into or upon an | ||
aircraft as part of the modification, refurbishment, | ||
completion, replacement, repair, or maintenance of the | ||
aircraft. This exemption includes consumable supplies used | ||
in the modification, refurbishment, completion, | ||
replacement, repair, and maintenance of aircraft. However, | ||
until January 1, 2024, this exemption excludes any | ||
materials, parts, equipment, components, and consumable | ||
supplies used in the modification, replacement, repair, | ||
and maintenance of aircraft engines or power plants, | ||
whether such engines or power plants are installed or | ||
uninstalled upon any such aircraft. "Consumable supplies" | ||
include, but are not limited to, adhesive, tape, | ||
sandpaper, general purpose lubricants, cleaning solution, | ||
latex gloves, and protective films. |
Beginning January 1, 2010 and continuing through | ||
December 31, 2023, this exemption applies only to the sale | ||
of qualifying tangible personal property to persons who | ||
modify, refurbish, complete, replace, or maintain an | ||
aircraft and who (i) hold an Air Agency Certificate and | ||
are empowered to operate an approved repair station by the | ||
Federal Aviation Administration, (ii) have a Class IV | ||
Rating, and (iii) conduct operations in accordance with | ||
Part 145 of the Federal Aviation Regulations. The | ||
exemption does not include aircraft operated by a | ||
commercial air carrier providing scheduled passenger air | ||
service pursuant to authority issued under Part 121 or | ||
Part 129 of the Federal Aviation Regulations. From January | ||
1, 2024 through December 31, 2029, this exemption applies | ||
only to the use of qualifying tangible personal property | ||
by: (A) persons who modify, refurbish, complete, repair, | ||
replace, or maintain aircraft and who (i) hold an Air | ||
Agency Certificate and are empowered to operate an | ||
approved repair station by the Federal Aviation | ||
Administration, (ii) have a Class IV Rating, and (iii) | ||
conduct operations in accordance with Part 145 of the | ||
Federal Aviation Regulations; and (B) persons who engage | ||
in the modification, replacement, repair, and maintenance | ||
of aircraft engines or power plants without regard to | ||
whether or not those persons meet the qualifications of | ||
item (A). |
The changes made to this paragraph (40) by Public Act | ||
98-534 are declarative of existing law. It is the intent | ||
of the General Assembly that the exemption under this | ||
paragraph (40) applies continuously from January 1, 2010 | ||
through December 31, 2024; however, no claim for credit or | ||
refund is allowed for taxes paid as a result of the | ||
disallowance of this exemption on or after January 1, 2015 | ||
and prior to February 5, 2020 (the effective date of | ||
Public Act 101-629). | ||
(41) Tangible personal property sold to a | ||
public-facilities corporation, as described in Section | ||
11-65-10 of the Illinois Municipal Code, for purposes of | ||
constructing or furnishing a municipal convention hall, | ||
but only if the legal title to the municipal convention | ||
hall is transferred to the municipality without any | ||
further consideration by or on behalf of the municipality | ||
at the time of the completion of the municipal convention | ||
hall or upon the retirement or redemption of any bonds or | ||
other debt instruments issued by the public-facilities | ||
corporation in connection with the development of the | ||
municipal convention hall. This exemption includes | ||
existing public-facilities corporations as provided in | ||
Section 11-65-25 of the Illinois Municipal Code. This | ||
paragraph is exempt from the provisions of Section 2-70. | ||
(42) Beginning January 1, 2017 and through December | ||
31, 2026, menstrual pads, tampons, and menstrual cups. |
(43) Merchandise that is subject to the Rental | ||
Purchase Agreement Occupation and Use Tax. The purchaser | ||
must certify that the item is purchased to be rented | ||
subject to a rental-purchase rental purchase agreement, as | ||
defined in the Rental-Purchase Rental Purchase Agreement | ||
Act, and provide proof of registration under the Rental | ||
Purchase Agreement Occupation and Use Tax Act. This | ||
paragraph is exempt from the provisions of Section 2-70. | ||
(44) Qualified tangible personal property used in the | ||
construction or operation of a data center that has been | ||
granted a certificate of exemption by the Department of | ||
Commerce and Economic Opportunity, whether that tangible | ||
personal property is purchased by the owner, operator, or | ||
tenant of the data center or by a contractor or | ||
subcontractor of the owner, operator, or tenant. Data | ||
centers that would have qualified for a certificate of | ||
exemption prior to January 1, 2020 had Public Act 101-31 | ||
been in effect, may apply for and obtain an exemption for | ||
subsequent purchases of computer equipment or enabling | ||
software purchased or leased to upgrade, supplement, or | ||
replace computer equipment or enabling software purchased | ||
or leased in the original investment that would have | ||
qualified. | ||
The Department of Commerce and Economic Opportunity | ||
shall grant a certificate of exemption under this item | ||
(44) to qualified data centers as defined by Section |
605-1025 of the Department of Commerce and Economic | ||
Opportunity Law of the Civil Administrative Code of | ||
Illinois. | ||
For the purposes of this item (44): | ||
"Data center" means a building or a series of | ||
buildings rehabilitated or constructed to house | ||
working servers in one physical location or multiple | ||
sites within the State of Illinois. | ||
"Qualified tangible personal property" means: | ||
electrical systems and equipment; climate control and | ||
chilling equipment and systems; mechanical systems and | ||
equipment; monitoring and secure systems; emergency | ||
generators; hardware; computers; servers; data storage | ||
devices; network connectivity equipment; racks; | ||
cabinets; telecommunications cabling infrastructure; | ||
raised floor systems; peripheral components or | ||
systems; software; mechanical, electrical, or plumbing | ||
systems; battery systems; cooling systems and towers; | ||
temperature control systems; other cabling; and other | ||
data center infrastructure equipment and systems | ||
necessary to operate qualified tangible personal | ||
property, including fixtures; and component parts of | ||
any of the foregoing, including installation, | ||
maintenance, repair, refurbishment, and replacement of | ||
qualified tangible personal property to generate, | ||
transform, transmit, distribute, or manage electricity |
necessary to operate qualified tangible personal | ||
property; and all other tangible personal property | ||
that is essential to the operations of a computer data | ||
center. The term "qualified tangible personal | ||
property" also includes building materials physically | ||
incorporated into the qualifying data center. To | ||
document the exemption allowed under this Section, the | ||
retailer must obtain from the purchaser a copy of the | ||
certificate of eligibility issued by the Department of | ||
Commerce and Economic Opportunity. | ||
This item (44) is exempt from the provisions of | ||
Section 2-70. | ||
(45) Beginning January 1, 2020 and through December | ||
31, 2020, sales of tangible personal property made by a | ||
marketplace seller over a marketplace for which tax is due | ||
under this Act but for which use tax has been collected and | ||
remitted to the Department by a marketplace facilitator | ||
under Section 2d of the Use Tax Act are exempt from tax | ||
under this Act. A marketplace seller claiming this | ||
exemption shall maintain books and records demonstrating | ||
that the use tax on such sales has been collected and | ||
remitted by a marketplace facilitator. Marketplace sellers | ||
that have properly remitted tax under this Act on such | ||
sales may file a claim for credit as provided in Section 6 | ||
of this Act. No claim is allowed, however, for such taxes | ||
for which a credit or refund has been issued to the |
marketplace facilitator under the Use Tax Act, or for | ||
which the marketplace facilitator has filed a claim for | ||
credit or refund under the Use Tax Act. | ||
(46) Beginning July 1, 2022, breast pumps, breast pump | ||
collection and storage supplies, and breast pump kits. | ||
This item (46) is exempt from the provisions of Section | ||
2-70. As used in this item (46): | ||
"Breast pump" means an electrically controlled or | ||
manually controlled pump device designed or marketed to be | ||
used to express milk from a human breast during lactation, | ||
including the pump device and any battery, AC adapter, or | ||
other power supply unit that is used to power the pump | ||
device and is packaged and sold with the pump device at the | ||
time of sale. | ||
"Breast pump collection and storage supplies" means | ||
items of tangible personal property designed or marketed | ||
to be used in conjunction with a breast pump to collect | ||
milk expressed from a human breast and to store collected | ||
milk until it is ready for consumption. | ||
"Breast pump collection and storage supplies" | ||
includes, but is not limited to: breast shields and breast | ||
shield connectors; breast pump tubes and tubing adapters; | ||
breast pump valves and membranes; backflow protectors and | ||
backflow protector adaptors; bottles and bottle caps | ||
specific to the operation of the breast pump; and breast | ||
milk storage bags. |
"Breast pump collection and storage supplies" does not | ||
include: (1) bottles and bottle caps not specific to the | ||
operation of the breast pump; (2) breast pump travel bags | ||
and other similar carrying accessories, including ice | ||
packs, labels, and other similar products; (3) breast pump | ||
cleaning supplies; (4) nursing bras, bra pads, breast | ||
shells, and other similar products; and (5) creams, | ||
ointments, and other similar products that relieve | ||
breastfeeding-related symptoms or conditions of the | ||
breasts or nipples, unless sold as part of a breast pump | ||
kit that is pre-packaged by the breast pump manufacturer | ||
or distributor. | ||
"Breast pump kit" means a kit that: (1) contains no | ||
more than a breast pump, breast pump collection and | ||
storage supplies, a rechargeable battery for operating the | ||
breast pump, a breastmilk cooler, bottle stands, ice | ||
packs, and a breast pump carrying case; and (2) is | ||
pre-packaged as a breast pump kit by the breast pump | ||
manufacturer or distributor. | ||
(47) Tangible personal property sold by or on behalf | ||
of the State Treasurer pursuant to the Revised Uniform | ||
Unclaimed Property Act. This item (47) is exempt from the | ||
provisions of Section 2-70. | ||
(48) Beginning on January 1, 2024, tangible personal | ||
property purchased by an active duty member of the armed | ||
forces of the United States who presents valid military |
identification and purchases the property using a form of | ||
payment where the federal government is the payor. The | ||
member of the armed forces must complete, at the point of | ||
sale, a form prescribed by the Department of Revenue | ||
documenting that the transaction is eligible for the | ||
exemption under this paragraph. Retailers must keep the | ||
form as documentation of the exemption in their records | ||
for a period of not less than 6 years. "Armed forces of the | ||
United States" means the United States Army, Navy, Air | ||
Force, Marine Corps, or Coast Guard. This paragraph is | ||
exempt from the provisions of Section 2-70. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21; | ||
102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700, | ||
Article 75, Section 75-20, eff. 4-19-22; 102-813, eff. | ||
5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section | ||
5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff. | ||
6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised | ||
12-12-23.) | ||
(35 ILCS 120/3) (from Ch. 120, par. 442) | ||
Sec. 3. Except as provided in this Section, on or before | ||
the twentieth day of each calendar month, every person engaged | ||
in the business of selling tangible personal property at | ||
retail in this State during the preceding calendar month shall | ||
file a return with the Department, stating: | ||
1. The name of the seller; |
2. His residence address and the address of his | ||
principal place of business and the address of the | ||
principal place of business (if that is a different | ||
address) from which he engages in the business of selling | ||
tangible personal property at retail in this State; | ||
3. Total amount of receipts received by him during the | ||
preceding calendar month or quarter, as the case may be, | ||
from sales of tangible personal property, and from | ||
services furnished, by him during such preceding calendar | ||
month or quarter; | ||
4. Total amount received by him during the preceding | ||
calendar month or quarter on charge and time sales of | ||
tangible personal property, and from services furnished, | ||
by him prior to the month or quarter for which the return | ||
is filed; | ||
5. Deductions allowed by law; | ||
6. Gross receipts which were received by him during | ||
the preceding calendar month or quarter and upon the basis | ||
of which the tax is imposed, including gross receipts on | ||
food for human consumption that is to be consumed off the | ||
premises where it is sold (other than alcoholic beverages, | ||
food consisting of or infused with adult use cannabis, | ||
soft drinks, and food that has been prepared for immediate | ||
consumption) which were received during the preceding | ||
calendar month or quarter and upon which tax would have | ||
been due but for the 0% rate imposed under Public Act |
102-700; | ||
7. The amount of credit provided in Section 2d of this | ||
Act; | ||
8. The amount of tax due, including the amount of tax | ||
that would have been due on food for human consumption | ||
that is to be consumed off the premises where it is sold | ||
(other than alcoholic beverages, food consisting of or | ||
infused with adult use cannabis, soft drinks, and food | ||
that has been prepared for immediate consumption) but for | ||
the 0% rate imposed under Public Act 102-700; | ||
9. The signature of the taxpayer; and | ||
10. Such other reasonable information as the | ||
Department may require. | ||
On and after January 1, 2018, except for returns required | ||
to be filed prior to January 1, 2023 for motor vehicles, | ||
watercraft, aircraft, and trailers that are required to be | ||
registered with an agency of this State, with respect to | ||
retailers whose annual gross receipts average $20,000 or more, | ||
all returns required to be filed pursuant to this Act shall be | ||
filed electronically. On and after January 1, 2023, with | ||
respect to retailers whose annual gross receipts average | ||
$20,000 or more, all returns required to be filed pursuant to | ||
this Act, including, but not limited to, returns for motor | ||
vehicles, watercraft, aircraft, and trailers that are required | ||
to be registered with an agency of this State, shall be filed | ||
electronically. Retailers who demonstrate that they do not |
have access to the Internet or demonstrate hardship in filing | ||
electronically may petition the Department to waive the | ||
electronic filing requirement. | ||
If a taxpayer fails to sign a return within 30 days after | ||
the proper notice and demand for signature by the Department, | ||
the return shall be considered valid and any amount shown to be | ||
due on the return shall be deemed assessed. | ||
Each return shall be accompanied by the statement of | ||
prepaid tax issued pursuant to Section 2e for which credit is | ||
claimed. | ||
Prior to October 1, 2003 , and on and after September 1, | ||
2004 , a retailer may accept a Manufacturer's Purchase Credit | ||
certification from a purchaser in satisfaction of Use Tax as | ||
provided in Section 3-85 of the Use Tax Act if the purchaser | ||
provides the appropriate documentation as required by Section | ||
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit | ||
certification, accepted by a retailer prior to October 1, 2003 | ||
and on and after September 1, 2004 as provided in Section 3-85 | ||
of the Use Tax Act, may be used by that retailer to satisfy | ||
Retailers' Occupation Tax liability in the amount claimed in | ||
the certification, not to exceed 6.25% of the receipts subject | ||
to tax from a qualifying purchase. A Manufacturer's Purchase | ||
Credit reported on any original or amended return filed under | ||
this Act after October 20, 2003 for reporting periods prior to | ||
September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||
Credit reported on annual returns due on or after January 1, |
2005 will be disallowed for periods prior to September 1, | ||
2004. No Manufacturer's Purchase Credit may be used after | ||
September 30, 2003 through August 31, 2004 to satisfy any tax | ||
liability imposed under this Act, including any audit | ||
liability. | ||
Beginning on July 1, 2023 and through December 31, 2032, a | ||
retailer may accept a Sustainable Aviation Fuel Purchase | ||
Credit certification from an air common carrier-purchaser in | ||
satisfaction of Use Tax on aviation fuel as provided in | ||
Section 3-87 of the Use Tax Act if the purchaser provides the | ||
appropriate documentation as required by Section 3-87 of the | ||
Use Tax Act. A Sustainable Aviation Fuel Purchase Credit | ||
certification accepted by a retailer in accordance with this | ||
paragraph may be used by that retailer to satisfy Retailers' | ||
Occupation Tax liability (but not in satisfaction of penalty | ||
or interest) in the amount claimed in the certification, not | ||
to exceed 6.25% of the receipts subject to tax from a sale of | ||
aviation fuel. In addition, for a sale of aviation fuel to | ||
qualify to earn the Sustainable Aviation Fuel Purchase Credit, | ||
retailers must retain in their books and records a | ||
certification from the producer of the aviation fuel that the | ||
aviation fuel sold by the retailer and for which a sustainable | ||
aviation fuel purchase credit was earned meets the definition | ||
of sustainable aviation fuel under Section 3-87 of the Use Tax | ||
Act. The documentation must include detail sufficient for the | ||
Department to determine the number of gallons of sustainable |
aviation fuel sold. | ||
The Department may require returns to be filed on a | ||
quarterly basis. If so required, a return for each calendar | ||
quarter shall be filed on or before the twentieth day of the | ||
calendar month following the end of such calendar quarter. The | ||
taxpayer shall also file a return with the Department for each | ||
of the first 2 two months of each calendar quarter, on or | ||
before the twentieth day of the following calendar month, | ||
stating: | ||
1. The name of the seller; | ||
2. The address of the principal place of business from | ||
which he engages in the business of selling tangible | ||
personal property at retail in this State; | ||
3. The total amount of taxable receipts received by | ||
him during the preceding calendar month from sales of | ||
tangible personal property by him during such preceding | ||
calendar month, including receipts from charge and time | ||
sales, but less all deductions allowed by law; | ||
4. The amount of credit provided in Section 2d of this | ||
Act; | ||
5. The amount of tax due; and | ||
6. Such other reasonable information as the Department | ||
may require. | ||
Every person engaged in the business of selling aviation | ||
fuel at retail in this State during the preceding calendar | ||
month shall, instead of reporting and paying tax as otherwise |
required by this Section, report and pay such tax on a separate | ||
aviation fuel tax return. The requirements related to the | ||
return shall be as otherwise provided in this Section. | ||
Notwithstanding any other provisions of this Act to the | ||
contrary, retailers selling aviation fuel shall file all | ||
aviation fuel tax returns and shall make all aviation fuel tax | ||
payments by electronic means in the manner and form required | ||
by the Department. For purposes of this Section, "aviation | ||
fuel" means jet fuel and aviation gasoline. | ||
Beginning on October 1, 2003, any person who is not a | ||
licensed distributor, importing distributor, or manufacturer, | ||
as defined in the Liquor Control Act of 1934, but is engaged in | ||
the business of selling, at retail, alcoholic liquor shall | ||
file a statement with the Department of Revenue, in a format | ||
and at a time prescribed by the Department, showing the total | ||
amount paid for alcoholic liquor purchased during the | ||
preceding month and such other information as is reasonably | ||
required by the Department. The Department may adopt rules to | ||
require that this statement be filed in an electronic or | ||
telephonic format. Such rules may provide for exceptions from | ||
the filing requirements of this paragraph. For the purposes of | ||
this paragraph, the term "alcoholic liquor" shall have the | ||
meaning prescribed in the Liquor Control Act of 1934. | ||
Beginning on October 1, 2003, every distributor, importing | ||
distributor, and manufacturer of alcoholic liquor as defined | ||
in the Liquor Control Act of 1934, shall file a statement with |
the Department of Revenue, no later than the 10th day of the | ||
month for the preceding month during which transactions | ||
occurred, by electronic means, showing the total amount of | ||
gross receipts from the sale of alcoholic liquor sold or | ||
distributed during the preceding month to purchasers; | ||
identifying the purchaser to whom it was sold or distributed; | ||
the purchaser's tax registration number; and such other | ||
information reasonably required by the Department. A | ||
distributor, importing distributor, or manufacturer of | ||
alcoholic liquor must personally deliver, mail, or provide by | ||
electronic means to each retailer listed on the monthly | ||
statement a report containing a cumulative total of that | ||
distributor's, importing distributor's, or manufacturer's | ||
total sales of alcoholic liquor to that retailer no later than | ||
the 10th day of the month for the preceding month during which | ||
the transaction occurred. The distributor, importing | ||
distributor, or manufacturer shall notify the retailer as to | ||
the method by which the distributor, importing distributor, or | ||
manufacturer will provide the sales information. If the | ||
retailer is unable to receive the sales information by | ||
electronic means, the distributor, importing distributor, or | ||
manufacturer shall furnish the sales information by personal | ||
delivery or by mail. For purposes of this paragraph, the term | ||
"electronic means" includes, but is not limited to, the use of | ||
a secure Internet website, e-mail, or facsimile. | ||
If a total amount of less than $1 is payable, refundable or |
creditable, such amount shall be disregarded if it is less | ||
than 50 cents and shall be increased to $1 if it is 50 cents or | ||
more. | ||
Notwithstanding any other provision of this Act to the | ||
contrary, retailers subject to tax on cannabis shall file all | ||
cannabis tax returns and shall make all cannabis tax payments | ||
by electronic means in the manner and form required by the | ||
Department. | ||
Beginning October 1, 1993, a taxpayer who has an average | ||
monthly tax liability of $150,000 or more shall make all | ||
payments required by rules of the Department by electronic | ||
funds transfer. Beginning October 1, 1994, a taxpayer who has | ||
an average monthly tax liability of $100,000 or more shall | ||
make all payments required by rules of the Department by | ||
electronic funds transfer. Beginning October 1, 1995, a | ||
taxpayer who has an average monthly tax liability of $50,000 | ||
or more shall make all payments required by rules of the | ||
Department by electronic funds transfer. Beginning October 1, | ||
2000, a taxpayer who has an annual tax liability of $200,000 or | ||
more shall make all payments required by rules of the | ||
Department by electronic funds transfer. The term "annual tax | ||
liability" shall be the sum of the taxpayer's liabilities | ||
under this Act, and under all other State and local occupation | ||
and use tax laws administered by the Department, for the | ||
immediately preceding calendar year. The term "average monthly | ||
tax liability" shall be the sum of the taxpayer's liabilities |
under this Act, and under all other State and local occupation | ||
and use tax laws administered by the Department, for the | ||
immediately preceding calendar year divided by 12. Beginning | ||
on October 1, 2002, a taxpayer who has a tax liability in the | ||
amount set forth in subsection (b) of Section 2505-210 of the | ||
Department of Revenue Law shall make all payments required by | ||
rules of the Department by electronic funds transfer. | ||
Before August 1 of each year beginning in 1993, the | ||
Department shall notify all taxpayers required to make | ||
payments by electronic funds transfer. All taxpayers required | ||
to make payments by electronic funds transfer shall make those | ||
payments for a minimum of one year beginning on October 1. | ||
Any taxpayer not required to make payments by electronic | ||
funds transfer may make payments by electronic funds transfer | ||
with the permission of the Department. | ||
All taxpayers required to make payment by electronic funds | ||
transfer and any taxpayers authorized to voluntarily make | ||
payments by electronic funds transfer shall make those | ||
payments in the manner authorized by the Department. | ||
The Department shall adopt such rules as are necessary to | ||
effectuate a program of electronic funds transfer and the | ||
requirements of this Section. | ||
Any amount which is required to be shown or reported on any | ||
return or other document under this Act shall, if such amount | ||
is not a whole-dollar amount, be increased to the nearest | ||
whole-dollar amount in any case where the fractional part of a |
dollar is 50 cents or more, and decreased to the nearest | ||
whole-dollar amount where the fractional part of a dollar is | ||
less than 50 cents. | ||
If the retailer is otherwise required to file a monthly | ||
return and if the retailer's average monthly tax liability to | ||
the Department does not exceed $200, the Department may | ||
authorize his returns to be filed on a quarter annual basis, | ||
with the return for January, February , and March of a given | ||
year being due by April 20 of such year; with the return for | ||
April, May , and June of a given year being due by July 20 of | ||
such year; with the return for July, August , and September of a | ||
given year being due by October 20 of such year, and with the | ||
return for October, November , and December of a given year | ||
being due by January 20 of the following year. | ||
If the retailer is otherwise required to file a monthly or | ||
quarterly return and if the retailer's average monthly tax | ||
liability with the Department does not exceed $50, the | ||
Department may authorize his returns to be filed on an annual | ||
basis, with the return for a given year being due by January 20 | ||
of the following year. | ||
Such quarter annual and annual returns, as to form and | ||
substance, shall be subject to the same requirements as | ||
monthly returns. | ||
Notwithstanding any other provision in this Act concerning | ||
the time within which a retailer may file his return, in the | ||
case of any retailer who ceases to engage in a kind of business |
which makes him responsible for filing returns under this Act, | ||
such retailer shall file a final return under this Act with the | ||
Department not more than one month after discontinuing such | ||
business. | ||
Where the same person has more than one business | ||
registered with the Department under separate registrations | ||
under this Act, such person may not file each return that is | ||
due as a single return covering all such registered | ||
businesses, but shall file separate returns for each such | ||
registered business. | ||
In addition, with respect to motor vehicles, watercraft, | ||
aircraft, and trailers that are required to be registered with | ||
an agency of this State, except as otherwise provided in this | ||
Section, every retailer selling this kind of tangible personal | ||
property shall file, with the Department, upon a form to be | ||
prescribed and supplied by the Department, a separate return | ||
for each such item of tangible personal property which the | ||
retailer sells, except that if, in the same transaction, (i) a | ||
retailer of aircraft, watercraft, motor vehicles , or trailers | ||
transfers more than one aircraft, watercraft, motor vehicle , | ||
or trailer to another aircraft, watercraft, motor vehicle | ||
retailer , or trailer retailer for the purpose of resale or | ||
(ii) a retailer of aircraft, watercraft, motor vehicles, or | ||
trailers transfers more than one aircraft, watercraft, motor | ||
vehicle, or trailer to a purchaser for use as a qualifying | ||
rolling stock as provided in Section 2-5 of this Act, then that |
seller may report the transfer of all aircraft, watercraft, | ||
motor vehicles , or trailers involved in that transaction to | ||
the Department on the same uniform invoice-transaction | ||
reporting return form. For purposes of this Section, | ||
"watercraft" means a Class 2, Class 3, or Class 4 watercraft as | ||
defined in Section 3-2 of the Boat Registration and Safety | ||
Act, a personal watercraft, or any boat equipped with an | ||
inboard motor. | ||
In addition, with respect to motor vehicles, watercraft, | ||
aircraft, and trailers that are required to be registered with | ||
an agency of this State, every person who is engaged in the | ||
business of leasing or renting such items and who, in | ||
connection with such business, sells any such item to a | ||
retailer for the purpose of resale is, notwithstanding any | ||
other provision of this Section to the contrary, authorized to | ||
meet the return-filing requirement of this Act by reporting | ||
the transfer of all the aircraft, watercraft, motor vehicles, | ||
or trailers transferred for resale during a month to the | ||
Department on the same uniform invoice-transaction reporting | ||
return form on or before the 20th of the month following the | ||
month in which the transfer takes place. Notwithstanding any | ||
other provision of this Act to the contrary, all returns filed | ||
under this paragraph must be filed by electronic means in the | ||
manner and form as required by the Department. | ||
Any retailer who sells only motor vehicles, watercraft, | ||
aircraft, or trailers that are required to be registered with |
an agency of this State, so that all retailers' occupation tax | ||
liability is required to be reported, and is reported, on such | ||
transaction reporting returns and who is not otherwise | ||
required to file monthly or quarterly returns, need not file | ||
monthly or quarterly returns. However, those retailers shall | ||
be required to file returns on an annual basis. | ||
The transaction reporting return, in the case of motor | ||
vehicles or trailers that are required to be registered with | ||
an agency of this State, shall be the same document as the | ||
Uniform Invoice referred to in Section 5-402 of the Illinois | ||
Vehicle Code and must show the name and address of the seller; | ||
the name and address of the purchaser; the amount of the | ||
selling price including the amount allowed by the retailer for | ||
traded-in property, if any; the amount allowed by the retailer | ||
for the traded-in tangible personal property, if any, to the | ||
extent to which Section 1 of this Act allows an exemption for | ||
the value of traded-in property; the balance payable after | ||
deducting such trade-in allowance from the total selling | ||
price; the amount of tax due from the retailer with respect to | ||
such transaction; the amount of tax collected from the | ||
purchaser by the retailer on such transaction (or satisfactory | ||
evidence that such tax is not due in that particular instance, | ||
if that is claimed to be the fact); the place and date of the | ||
sale; a sufficient identification of the property sold; such | ||
other information as is required in Section 5-402 of the | ||
Illinois Vehicle Code, and such other information as the |
Department may reasonably require. | ||
The transaction reporting return in the case of watercraft | ||
or aircraft must show the name and address of the seller; the | ||
name and address of the purchaser; the amount of the selling | ||
price including the amount allowed by the retailer for | ||
traded-in property, if any; the amount allowed by the retailer | ||
for the traded-in tangible personal property, if any, to the | ||
extent to which Section 1 of this Act allows an exemption for | ||
the value of traded-in property; the balance payable after | ||
deducting such trade-in allowance from the total selling | ||
price; the amount of tax due from the retailer with respect to | ||
such transaction; the amount of tax collected from the | ||
purchaser by the retailer on such transaction (or satisfactory | ||
evidence that such tax is not due in that particular instance, | ||
if that is claimed to be the fact); the place and date of the | ||
sale, a sufficient identification of the property sold, and | ||
such other information as the Department may reasonably | ||
require. | ||
Such transaction reporting return shall be filed not later | ||
than 20 days after the day of delivery of the item that is | ||
being sold, but may be filed by the retailer at any time sooner | ||
than that if he chooses to do so. The transaction reporting | ||
return and tax remittance or proof of exemption from the | ||
Illinois use tax may be transmitted to the Department by way of | ||
the State agency with which, or State officer with whom the | ||
tangible personal property must be titled or registered (if |
titling or registration is required) if the Department and | ||
such agency or State officer determine that this procedure | ||
will expedite the processing of applications for title or | ||
registration. | ||
With each such transaction reporting return, the retailer | ||
shall remit the proper amount of tax due (or shall submit | ||
satisfactory evidence that the sale is not taxable if that is | ||
the case), to the Department or its agents, whereupon the | ||
Department shall issue, in the purchaser's name, a use tax | ||
receipt (or a certificate of exemption if the Department is | ||
satisfied that the particular sale is tax exempt) which such | ||
purchaser may submit to the agency with which, or State | ||
officer with whom, he must title or register the tangible | ||
personal property that is involved (if titling or registration | ||
is required) in support of such purchaser's application for an | ||
Illinois certificate or other evidence of title or | ||
registration to such tangible personal property. | ||
No retailer's failure or refusal to remit tax under this | ||
Act precludes a user, who has paid the proper tax to the | ||
retailer, from obtaining his certificate of title or other | ||
evidence of title or registration (if titling or registration | ||
is required) upon satisfying the Department that such user has | ||
paid the proper tax (if tax is due) to the retailer. The | ||
Department shall adopt appropriate rules to carry out the | ||
mandate of this paragraph. | ||
If the user who would otherwise pay tax to the retailer |
wants the transaction reporting return filed and the payment | ||
of the tax or proof of exemption made to the Department before | ||
the retailer is willing to take these actions and such user has | ||
not paid the tax to the retailer, such user may certify to the | ||
fact of such delay by the retailer and may (upon the Department | ||
being satisfied of the truth of such certification) transmit | ||
the information required by the transaction reporting return | ||
and the remittance for tax or proof of exemption directly to | ||
the Department and obtain his tax receipt or exemption | ||
determination, in which event the transaction reporting return | ||
and tax remittance (if a tax payment was required) shall be | ||
credited by the Department to the proper retailer's account | ||
with the Department, but without the 2.1% or 1.75% discount | ||
provided for in this Section being allowed. When the user pays | ||
the tax directly to the Department, he shall pay the tax in the | ||
same amount and in the same form in which it would be remitted | ||
if the tax had been remitted to the Department by the retailer. | ||
Refunds made by the seller during the preceding return | ||
period to purchasers, on account of tangible personal property | ||
returned to the seller, shall be allowed as a deduction under | ||
subdivision 5 of his monthly or quarterly return, as the case | ||
may be, in case the seller had theretofore included the | ||
receipts from the sale of such tangible personal property in a | ||
return filed by him and had paid the tax imposed by this Act | ||
with respect to such receipts. | ||
Where the seller is a corporation, the return filed on |
behalf of such corporation shall be signed by the president, | ||
vice-president, secretary , or treasurer or by the properly | ||
accredited agent of such corporation. | ||
Where the seller is a limited liability company, the | ||
return filed on behalf of the limited liability company shall | ||
be signed by a manager, member, or properly accredited agent | ||
of the limited liability company. | ||
Except as provided in this Section, the retailer filing | ||
the return under this Section shall, at the time of filing such | ||
return, pay to the Department the amount of tax imposed by this | ||
Act less a discount of 2.1% prior to January 1, 1990 and 1.75% | ||
on and after January 1, 1990, or $5 per calendar year, | ||
whichever is greater, which is allowed to reimburse the | ||
retailer for the expenses incurred in keeping records, | ||
preparing and filing returns, remitting the tax and supplying | ||
data to the Department on request. On and after January 1, | ||
2021, a certified service provider, as defined in the Leveling | ||
the Playing Field for Illinois Retail Act, filing the return | ||
under this Section on behalf of a remote retailer shall, at the | ||
time of such return, pay to the Department the amount of tax | ||
imposed by this Act less a discount of 1.75%. A remote retailer | ||
using a certified service provider to file a return on its | ||
behalf, as provided in the Leveling the Playing Field for | ||
Illinois Retail Act, is not eligible for the discount. When | ||
determining the discount allowed under this Section, retailers | ||
shall include the amount of tax that would have been due at the |
1% rate but for the 0% rate imposed under Public Act 102-700. | ||
When determining the discount allowed under this Section, | ||
retailers shall include the amount of tax that would have been | ||
due at the 6.25% rate but for the 1.25% rate imposed on sales | ||
tax holiday items under Public Act 102-700. The discount under | ||
this Section is not allowed for the 1.25% portion of taxes paid | ||
on aviation fuel that is subject to the revenue use | ||
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any | ||
prepayment made pursuant to Section 2d of this Act shall be | ||
included in the amount on which such 2.1% or 1.75% discount is | ||
computed. In the case of retailers who report and pay the tax | ||
on a transaction by transaction basis, as provided in this | ||
Section, such discount shall be taken with each such tax | ||
remittance instead of when such retailer files his periodic | ||
return. The discount allowed under this Section is allowed | ||
only for returns that are filed in the manner required by this | ||
Act. The Department may disallow the discount for retailers | ||
whose certificate of registration is revoked at the time the | ||
return is filed, but only if the Department's decision to | ||
revoke the certificate of registration has become final. | ||
Before October 1, 2000, if the taxpayer's average monthly | ||
tax liability to the Department under this Act, the Use Tax | ||
Act, the Service Occupation Tax Act, and the Service Use Tax | ||
Act, excluding any liability for prepaid sales tax to be | ||
remitted in accordance with Section 2d of this Act, was | ||
$10,000 or more during the preceding 4 complete calendar |
quarters, he shall file a return with the Department each | ||
month by the 20th day of the month next following the month | ||
during which such tax liability is incurred and shall make | ||
payments to the Department on or before the 7th, 15th, 22nd and | ||
last day of the month during which such liability is incurred. | ||
On and after October 1, 2000, if the taxpayer's average | ||
monthly tax liability to the Department under this Act, the | ||
Use Tax Act, the Service Occupation Tax Act, and the Service | ||
Use Tax Act, excluding any liability for prepaid sales tax to | ||
be remitted in accordance with Section 2d of this Act, was | ||
$20,000 or more during the preceding 4 complete calendar | ||
quarters, he shall file a return with the Department each | ||
month by the 20th day of the month next following the month | ||
during which such tax liability is incurred and shall make | ||
payment to the Department on or before the 7th, 15th, 22nd and | ||
last day of the month during which such liability is incurred. | ||
If the month during which such tax liability is incurred began | ||
prior to January 1, 1985, each payment shall be in an amount | ||
equal to 1/4 of the taxpayer's actual liability for the month | ||
or an amount set by the Department not to exceed 1/4 of the | ||
average monthly liability of the taxpayer to the Department | ||
for the preceding 4 complete calendar quarters (excluding the | ||
month of highest liability and the month of lowest liability | ||
in such 4 quarter period). If the month during which such tax | ||
liability is incurred begins on or after January 1, 1985 and | ||
prior to January 1, 1987, each payment shall be in an amount |
equal to 22.5% of the taxpayer's actual liability for the | ||
month or 27.5% of the taxpayer's liability for the same | ||
calendar month of the preceding year. If the month during | ||
which such tax liability is incurred begins on or after | ||
January 1, 1987 and prior to January 1, 1988, each payment | ||
shall be in an amount equal to 22.5% of the taxpayer's actual | ||
liability for the month or 26.25% of the taxpayer's liability | ||
for the same calendar month of the preceding year. If the month | ||
during which such tax liability is incurred begins on or after | ||
January 1, 1988, and prior to January 1, 1989, or begins on or | ||
after January 1, 1996, each payment shall be in an amount equal | ||
to 22.5% of the taxpayer's actual liability for the month or | ||
25% of the taxpayer's liability for the same calendar month of | ||
the preceding year. If the month during which such tax | ||
liability is incurred begins on or after January 1, 1989, and | ||
prior to January 1, 1996, each payment shall be in an amount | ||
equal to 22.5% of the taxpayer's actual liability for the | ||
month or 25% of the taxpayer's liability for the same calendar | ||
month of the preceding year or 100% of the taxpayer's actual | ||
liability for the quarter monthly reporting period. The amount | ||
of such quarter monthly payments shall be credited against the | ||
final tax liability of the taxpayer's return for that month. | ||
Before October 1, 2000, once applicable, the requirement of | ||
the making of quarter monthly payments to the Department by | ||
taxpayers having an average monthly tax liability of $10,000 | ||
or more as determined in the manner provided above shall |
continue until such taxpayer's average monthly liability to | ||
the Department during the preceding 4 complete calendar | ||
quarters (excluding the month of highest liability and the | ||
month of lowest liability) is less than $9,000, or until such | ||
taxpayer's average monthly liability to the Department as | ||
computed for each calendar quarter of the 4 preceding complete | ||
calendar quarter period is less than $10,000. However, if a | ||
taxpayer can show the Department that a substantial change in | ||
the taxpayer's business has occurred which causes the taxpayer | ||
to anticipate that his average monthly tax liability for the | ||
reasonably foreseeable future will fall below the $10,000 | ||
threshold stated above, then such taxpayer may petition the | ||
Department for a change in such taxpayer's reporting status. | ||
On and after October 1, 2000, once applicable, the requirement | ||
of the making of quarter monthly payments to the Department by | ||
taxpayers having an average monthly tax liability of $20,000 | ||
or more as determined in the manner provided above shall | ||
continue until such taxpayer's average monthly liability to | ||
the Department during the preceding 4 complete calendar | ||
quarters (excluding the month of highest liability and the | ||
month of lowest liability) is less than $19,000 or until such | ||
taxpayer's average monthly liability to the Department as | ||
computed for each calendar quarter of the 4 preceding complete | ||
calendar quarter period is less than $20,000. However, if a | ||
taxpayer can show the Department that a substantial change in | ||
the taxpayer's business has occurred which causes the taxpayer |
to anticipate that his average monthly tax liability for the | ||
reasonably foreseeable future will fall below the $20,000 | ||
threshold stated above, then such taxpayer may petition the | ||
Department for a change in such taxpayer's reporting status. | ||
The Department shall change such taxpayer's reporting status | ||
unless it finds that such change is seasonal in nature and not | ||
likely to be long term. Quarter monthly payment status shall | ||
be determined under this paragraph as if the rate reduction to | ||
0% in Public Act 102-700 on food for human consumption that is | ||
to be consumed off the premises where it is sold (other than | ||
alcoholic beverages, food consisting of or infused with adult | ||
use cannabis, soft drinks, and food that has been prepared for | ||
immediate consumption) had not occurred. For quarter monthly | ||
payments due under this paragraph on or after July 1, 2023 and | ||
through June 30, 2024, "25% of the taxpayer's liability for | ||
the same calendar month of the preceding year" shall be | ||
determined as if the rate reduction to 0% in Public Act 102-700 | ||
had not occurred. Quarter monthly payment status shall be | ||
determined under this paragraph as if the rate reduction to | ||
1.25% in Public Act 102-700 on sales tax holiday items had not | ||
occurred. For quarter monthly payments due on or after July 1, | ||
2023 and through June 30, 2024, "25% of the taxpayer's | ||
liability for the same calendar month of the preceding year" | ||
shall be determined as if the rate reduction to 1.25% in Public | ||
Act 102-700 on sales tax holiday items had not occurred. If any | ||
such quarter monthly payment is not paid at the time or in the |
amount required by this Section, then the taxpayer shall be | ||
liable for penalties and interest on the difference between | ||
the minimum amount due as a payment and the amount of such | ||
quarter monthly payment actually and timely paid, except | ||
insofar as the taxpayer has previously made payments for that | ||
month to the Department in excess of the minimum payments | ||
previously due as provided in this Section. The Department | ||
shall make reasonable rules and regulations to govern the | ||
quarter monthly payment amount and quarter monthly payment | ||
dates for taxpayers who file on other than a calendar monthly | ||
basis. | ||
The provisions of this paragraph apply before October 1, | ||
2001. Without regard to whether a taxpayer is required to make | ||
quarter monthly payments as specified above, any taxpayer who | ||
is required by Section 2d of this Act to collect and remit | ||
prepaid taxes and has collected prepaid taxes which average in | ||
excess of $25,000 per month during the preceding 2 complete | ||
calendar quarters, shall file a return with the Department as | ||
required by Section 2f and shall make payments to the | ||
Department on or before the 7th, 15th, 22nd and last day of the | ||
month during which such liability is incurred. If the month | ||
during which such tax liability is incurred began prior to | ||
September 1, 1985 (the effective date of Public Act 84-221), | ||
each payment shall be in an amount not less than 22.5% of the | ||
taxpayer's actual liability under Section 2d. If the month | ||
during which such tax liability is incurred begins on or after |
January 1, 1986, each payment shall be in an amount equal to | ||
22.5% of the taxpayer's actual liability for the month or | ||
27.5% of the taxpayer's liability for the same calendar month | ||
of the preceding calendar year. If the month during which such | ||
tax liability is incurred begins on or after January 1, 1987, | ||
each payment shall be in an amount equal to 22.5% of the | ||
taxpayer's actual liability for the month or 26.25% of the | ||
taxpayer's liability for the same calendar month of the | ||
preceding year. The amount of such quarter monthly payments | ||
shall be credited against the final tax liability of the | ||
taxpayer's return for that month filed under this Section or | ||
Section 2f, as the case may be. Once applicable, the | ||
requirement of the making of quarter monthly payments to the | ||
Department pursuant to this paragraph shall continue until | ||
such taxpayer's average monthly prepaid tax collections during | ||
the preceding 2 complete calendar quarters is $25,000 or less. | ||
If any such quarter monthly payment is not paid at the time or | ||
in the amount required, the taxpayer shall be liable for | ||
penalties and interest on such difference, except insofar as | ||
the taxpayer has previously made payments for that month in | ||
excess of the minimum payments previously due. | ||
The provisions of this paragraph apply on and after | ||
October 1, 2001. Without regard to whether a taxpayer is | ||
required to make quarter monthly payments as specified above, | ||
any taxpayer who is required by Section 2d of this Act to | ||
collect and remit prepaid taxes and has collected prepaid |
taxes that average in excess of $20,000 per month during the | ||
preceding 4 complete calendar quarters shall file a return | ||
with the Department as required by Section 2f and shall make | ||
payments to the Department on or before the 7th, 15th, 22nd , | ||
and last day of the month during which the liability is | ||
incurred. Each payment shall be in an amount equal to 22.5% of | ||
the taxpayer's actual liability for the month or 25% of the | ||
taxpayer's liability for the same calendar month of the | ||
preceding year. The amount of the quarter monthly payments | ||
shall be credited against the final tax liability of the | ||
taxpayer's return for that month filed under this Section or | ||
Section 2f, as the case may be. Once applicable, the | ||
requirement of the making of quarter monthly payments to the | ||
Department pursuant to this paragraph shall continue until the | ||
taxpayer's average monthly prepaid tax collections during the | ||
preceding 4 complete calendar quarters (excluding the month of | ||
highest liability and the month of lowest liability) is less | ||
than $19,000 or until such taxpayer's average monthly | ||
liability to the Department as computed for each calendar | ||
quarter of the 4 preceding complete calendar quarters is less | ||
than $20,000. If any such quarter monthly payment is not paid | ||
at the time or in the amount required, the taxpayer shall be | ||
liable for penalties and interest on such difference, except | ||
insofar as the taxpayer has previously made payments for that | ||
month in excess of the minimum payments previously due. | ||
If any payment provided for in this Section exceeds the |
taxpayer's liabilities under this Act, the Use Tax Act, the | ||
Service Occupation Tax Act , and the Service Use Tax Act, as | ||
shown on an original monthly return, the Department shall, if | ||
requested by the taxpayer, issue to the taxpayer a credit | ||
memorandum no later than 30 days after the date of payment. The | ||
credit evidenced by such credit memorandum may be assigned by | ||
the taxpayer to a similar taxpayer under this Act, the Use Tax | ||
Act, the Service Occupation Tax Act , or the Service Use Tax | ||
Act, in accordance with reasonable rules and regulations to be | ||
prescribed by the Department. If no such request is made, the | ||
taxpayer may credit such excess payment against tax liability | ||
subsequently to be remitted to the Department under this Act, | ||
the Use Tax Act, the Service Occupation Tax Act , or the Service | ||
Use Tax Act, in accordance with reasonable rules and | ||
regulations prescribed by the Department. If the Department | ||
subsequently determined that all or any part of the credit | ||
taken was not actually due to the taxpayer, the taxpayer's | ||
2.1% and 1.75% vendor's discount shall be reduced by 2.1% or | ||
1.75% of the difference between the credit taken and that | ||
actually due, and that taxpayer shall be liable for penalties | ||
and interest on such difference. | ||
If a retailer of motor fuel is entitled to a credit under | ||
Section 2d of this Act which exceeds the taxpayer's liability | ||
to the Department under this Act for the month for which the | ||
taxpayer is filing a return, the Department shall issue the | ||
taxpayer a credit memorandum for the excess. |
Beginning January 1, 1990, each month the Department shall | ||
pay into the Local Government Tax Fund, a special fund in the | ||
State treasury which is hereby created, the net revenue | ||
realized for the preceding month from the 1% tax imposed under | ||
this Act. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the County and Mass Transit District Fund, a special | ||
fund in the State treasury which is hereby created, 4% of the | ||
net revenue realized for the preceding month from the 6.25% | ||
general rate other than aviation fuel sold on or after | ||
December 1, 2019. This exception for aviation fuel only | ||
applies for so long as the revenue use requirements of 49 | ||
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||
Beginning August 1, 2000, each month the Department shall | ||
pay into the County and Mass Transit District Fund 20% of the | ||
net revenue realized for the preceding month from the 1.25% | ||
rate on the selling price of motor fuel and gasohol. If, in any | ||
month, the tax on sales tax holiday items, as defined in | ||
Section 2-8, is imposed at the rate of 1.25%, then the | ||
Department shall pay 20% of the net revenue realized for that | ||
month from the 1.25% rate on the selling price of sales tax | ||
holiday items into the County and Mass Transit District Fund. | ||
Beginning January 1, 1990, each month the Department shall | ||
pay into the Local Government Tax Fund 16% of the net revenue | ||
realized for the preceding month from the 6.25% general rate | ||
on the selling price of tangible personal property other than |
aviation fuel sold on or after December 1, 2019. This | ||
exception for aviation fuel only applies for so long as the | ||
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||
47133 are binding on the State. | ||
For aviation fuel sold on or after December 1, 2019, each | ||
month the Department shall pay into the State Aviation Program | ||
Fund 20% of the net revenue realized for the preceding month | ||
from the 6.25% general rate on the selling price of aviation | ||
fuel, less an amount estimated by the Department to be | ||
required for refunds of the 20% portion of the tax on aviation | ||
fuel under this Act, which amount shall be deposited into the | ||
Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||
pay moneys into the State Aviation Program Fund and the | ||
Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||
as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||
U.S.C. 47133 are binding on the State. | ||
Beginning August 1, 2000, each month the Department shall | ||
pay into the Local Government Tax Fund 80% of the net revenue | ||
realized for the preceding month from the 1.25% rate on the | ||
selling price of motor fuel and gasohol. If, in any month, the | ||
tax on sales tax holiday items, as defined in Section 2-8, is | ||
imposed at the rate of 1.25%, then the Department shall pay 80% | ||
of the net revenue realized for that month from the 1.25% rate | ||
on the selling price of sales tax holiday items into the Local | ||
Government Tax Fund. | ||
Beginning October 1, 2009, each month the Department shall |
pay into the Capital Projects Fund an amount that is equal to | ||
an amount estimated by the Department to represent 80% of the | ||
net revenue realized for the preceding month from the sale of | ||
candy, grooming and hygiene products, and soft drinks that had | ||
been taxed at a rate of 1% prior to September 1, 2009 but that | ||
are now taxed at 6.25%. | ||
Beginning July 1, 2011, each month the Department shall | ||
pay into the Clean Air Act Permit Fund 80% of the net revenue | ||
realized for the preceding month from the 6.25% general rate | ||
on the selling price of sorbents used in Illinois in the | ||
process of sorbent injection as used to comply with the | ||
Environmental Protection Act or the federal Clean Air Act, but | ||
the total payment into the Clean Air Act Permit Fund under this | ||
Act and the Use Tax Act shall not exceed $2,000,000 in any | ||
fiscal year. | ||
Beginning July 1, 2013, each month the Department shall | ||
pay into the Underground Storage Tank Fund from the proceeds | ||
collected under this Act, the Use Tax Act, the Service Use Tax | ||
Act, and the Service Occupation Tax Act an amount equal to the | ||
average monthly deficit in the Underground Storage Tank Fund | ||
during the prior year, as certified annually by the Illinois | ||
Environmental Protection Agency, but the total payment into | ||
the Underground Storage Tank Fund under this Act, the Use Tax | ||
Act, the Service Use Tax Act, and the Service Occupation Tax | ||
Act shall not exceed $18,000,000 in any State fiscal year. As | ||
used in this paragraph, the "average monthly deficit" shall be |
equal to the difference between the average monthly claims for | ||
payment by the fund and the average monthly revenues deposited | ||
into the fund, excluding payments made pursuant to this | ||
paragraph. | ||
Beginning July 1, 2015, of the remainder of the moneys | ||
received by the Department under the Use Tax Act, the Service | ||
Use Tax Act, the Service Occupation Tax Act, and this Act, each | ||
month the Department shall deposit $500,000 into the State | ||
Crime Laboratory Fund. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||
and after July 1, 1989, 3.8% thereof shall be paid into the | ||
Build Illinois Fund; provided, however, that if in any fiscal | ||
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||
may be, of the moneys received by the Department and required | ||
to be paid into the Build Illinois Fund pursuant to this Act, | ||
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax | ||
Act, and Section 9 of the Service Occupation Tax Act, such Acts | ||
being hereinafter called the "Tax Acts" and such aggregate of | ||
2.2% or 3.8%, as the case may be, of moneys being hereinafter | ||
called the "Tax Act Amount", and (2) the amount transferred to | ||
the Build Illinois Fund from the State and Local Sales Tax | ||
Reform Fund shall be less than the Annual Specified Amount (as | ||
hereinafter defined), an amount equal to the difference shall | ||
be immediately paid into the Build Illinois Fund from other |
moneys received by the Department pursuant to the Tax Acts; | ||||||||||||||||||||
the "Annual Specified Amount" means the amounts specified | ||||||||||||||||||||
below for fiscal years 1986 through 1993: | ||||||||||||||||||||
| ||||||||||||||||||||
and means the Certified Annual Debt Service Requirement (as | ||||||||||||||||||||
defined in Section 13 of the Build Illinois Bond Act) or the | ||||||||||||||||||||
Tax Act Amount, whichever is greater, for fiscal year 1994 and | ||||||||||||||||||||
each fiscal year thereafter; and further provided, that if on | ||||||||||||||||||||
the last business day of any month the sum of (1) the Tax Act | ||||||||||||||||||||
Amount required to be deposited into the Build Illinois Bond | ||||||||||||||||||||
Account in the Build Illinois Fund during such month and (2) | ||||||||||||||||||||
the amount transferred to the Build Illinois Fund from the | ||||||||||||||||||||
State and Local Sales Tax Reform Fund shall have been less than | ||||||||||||||||||||
1/12 of the Annual Specified Amount, an amount equal to the | ||||||||||||||||||||
difference shall be immediately paid into the Build Illinois | ||||||||||||||||||||
Fund from other moneys received by the Department pursuant to | ||||||||||||||||||||
the Tax Acts; and, further provided, that in no event shall the | ||||||||||||||||||||
payments required under the preceding proviso result in |
aggregate payments into the Build Illinois Fund pursuant to | ||
this clause (b) for any fiscal year in excess of the greater of | ||
(i) the Tax Act Amount or (ii) the Annual Specified Amount for | ||
such fiscal year. The amounts payable into the Build Illinois | ||
Fund under clause (b) of the first sentence in this paragraph | ||
shall be payable only until such time as the aggregate amount | ||
on deposit under each trust indenture securing Bonds issued | ||
and outstanding pursuant to the Build Illinois Bond Act is | ||
sufficient, taking into account any future investment income, | ||
to fully provide, in accordance with such indenture, for the | ||
defeasance of or the payment of the principal of, premium, if | ||
any, and interest on the Bonds secured by such indenture and on | ||
any Bonds expected to be issued thereafter and all fees and | ||
costs payable with respect thereto, all as certified by the | ||
Director of the Bureau of the Budget (now Governor's Office of | ||
Management and Budget). If on the last business day of any | ||
month in which Bonds are outstanding pursuant to the Build | ||
Illinois Bond Act, the aggregate of moneys deposited in the | ||
Build Illinois Bond Account in the Build Illinois Fund in such | ||
month shall be less than the amount required to be transferred | ||
in such month from the Build Illinois Bond Account to the Build | ||
Illinois Bond Retirement and Interest Fund pursuant to Section | ||
13 of the Build Illinois Bond Act, an amount equal to such | ||
deficiency shall be immediately paid from other moneys | ||
received by the Department pursuant to the Tax Acts to the | ||
Build Illinois Fund; provided, however, that any amounts paid |
to the Build Illinois Fund in any fiscal year pursuant to this | |||||||||||||||||
sentence shall be deemed to constitute payments pursuant to | |||||||||||||||||
clause (b) of the first sentence of this paragraph and shall | |||||||||||||||||
reduce the amount otherwise payable for such fiscal year | |||||||||||||||||
pursuant to that clause (b). The moneys received by the | |||||||||||||||||
Department pursuant to this Act and required to be deposited | |||||||||||||||||
into the Build Illinois Fund are subject to the pledge, claim | |||||||||||||||||
and charge set forth in Section 12 of the Build Illinois Bond | |||||||||||||||||
Act. | |||||||||||||||||
Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||
as provided in the preceding paragraph or in any amendment | |||||||||||||||||
thereto hereafter enacted, the following specified monthly | |||||||||||||||||
installment of the amount requested in the certificate of the | |||||||||||||||||
Chairman of the Metropolitan Pier and Exposition Authority | |||||||||||||||||
provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||
in excess of sums designated as "Total Deposit", shall be | |||||||||||||||||
deposited in the aggregate from collections under Section 9 of | |||||||||||||||||
the Use Tax Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||
9 of the Service Occupation Tax Act, and Section 3 of the | |||||||||||||||||
Retailers' Occupation Tax Act into the McCormick Place | |||||||||||||||||
Expansion Project Fund in the specified fiscal years. | |||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Exposition Authority for that fiscal year, less the amount |
deposited into the McCormick Place Expansion Project Fund by | ||
the State Treasurer in the respective month under subsection | ||
(g) of Section 13 of the Metropolitan Pier and Exposition | ||
Authority Act, plus cumulative deficiencies in the deposits | ||
required under this Section for previous months and years, | ||
shall be deposited into the McCormick Place Expansion Project | ||
Fund, until the full amount requested for the fiscal year, but | ||
not in excess of the amount specified above as "Total | ||
Deposit", has been deposited. | ||
Subject to payment of amounts into the Capital Projects | ||
Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||
and the McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any amendments thereto hereafter | ||
enacted, for aviation fuel sold on or after December 1, 2019, | ||
the Department shall each month deposit into the Aviation Fuel | ||
Sales Tax Refund Fund an amount estimated by the Department to | ||
be required for refunds of the 80% portion of the tax on | ||
aviation fuel under this Act. The Department shall only | ||
deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||
under this paragraph for so long as the revenue use | ||
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||
binding on the State. | ||
Subject to payment of amounts into the Build Illinois Fund | ||
and the McCormick Place Expansion Project Fund pursuant to the | ||
preceding paragraphs or in any amendments thereto hereafter | ||
enacted, beginning July 1, 1993 and ending on September 30, |
2013, the Department shall each month pay into the Illinois | ||
Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||
the preceding month from the 6.25% general rate on the selling | ||
price of tangible personal property. | ||
Subject to payment of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, and the | ||
Illinois Tax Increment Fund pursuant to the preceding | ||
paragraphs or in any amendments to this Section hereafter | ||
enacted, beginning on the first day of the first calendar | ||
month to occur on or after August 26, 2014 (the effective date | ||
of Public Act 98-1098), each month, from the collections made | ||
under Section 9 of the Use Tax Act, Section 9 of the Service | ||
Use Tax Act, Section 9 of the Service Occupation Tax Act, and | ||
Section 3 of the Retailers' Occupation Tax Act, the Department | ||
shall pay into the Tax Compliance and Administration Fund, to | ||
be used, subject to appropriation, to fund additional auditors | ||
and compliance personnel at the Department of Revenue, an | ||
amount equal to 1/12 of 5% of 80% of the cash receipts | ||
collected during the preceding fiscal year by the Audit Bureau | ||
of the Department under the Use Tax Act, the Service Use Tax | ||
Act, the Service Occupation Tax Act, the Retailers' Occupation | ||
Tax Act, and associated local occupation and use taxes | ||
administered by the Department. | ||
Subject to payments of amounts into the Build Illinois | ||
Fund, the McCormick Place Expansion Project Fund, the Illinois | ||
Tax Increment Fund, the Energy Infrastructure Fund, and the |
Tax Compliance and Administration Fund as provided in this | ||
Section, beginning on July 1, 2018 the Department shall pay | ||
each month into the Downstate Public Transportation Fund the | ||
moneys required to be so paid under Section 2-3 of the | ||
Downstate Public Transportation Act. | ||
Subject to successful execution and delivery of a | ||
public-private agreement between the public agency and private | ||
entity and completion of the civic build, beginning on July 1, | ||
2023, of the remainder of the moneys received by the | ||
Department under the Use Tax Act, the Service Use Tax Act, the | ||
Service Occupation Tax Act, and this Act, the Department shall | ||
deposit the following specified deposits in the aggregate from | ||
collections under the Use Tax Act, the Service Use Tax Act, the | ||
Service Occupation Tax Act, and the Retailers' Occupation Tax | ||
Act, as required under Section 8.25g of the State Finance Act | ||
for distribution consistent with the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. | ||
The moneys received by the Department pursuant to this Act and | ||
required to be deposited into the Civic and Transit | ||
Infrastructure Fund are subject to the pledge, claim and | ||
charge set forth in Section 25-55 of the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. | ||
As used in this paragraph, "civic build", "private entity", | ||
"public-private agreement", and "public agency" have the | ||
meanings provided in Section 25-10 of the Public-Private | ||
Partnership for Civic and Transit Infrastructure Project Act. |
Fiscal Year .............................Total Deposit | ||
2024 .....................................$200,000,000 | ||
2025 ....................................$206,000,000 | ||
2026 ....................................$212,200,000 | ||
2027 ....................................$218,500,000 | ||
2028 ....................................$225,100,000 | ||
2029 ....................................$288,700,000 | ||
2030 ....................................$298,900,000 | ||
2031 ....................................$309,300,000 | ||
2032 ....................................$320,100,000 | ||
2033 ....................................$331,200,000 | ||
2034 ....................................$341,200,000 | ||
2035 ....................................$351,400,000 | ||
2036 ....................................$361,900,000 | ||
2037 ....................................$372,800,000 | ||
2038 ....................................$384,000,000 | ||
2039 ....................................$395,500,000 | ||
2040 ....................................$407,400,000 | ||
2041 ....................................$419,600,000 | ||
2042 ....................................$432,200,000 | ||
2043 ....................................$445,100,000 | ||
Beginning July 1, 2021 and until July 1, 2022, subject to | ||
the payment of amounts into the County and Mass Transit | ||
District Fund, the Local Government Tax Fund, the Build | ||
Illinois Fund, the McCormick Place Expansion Project Fund, the | ||
Illinois Tax Increment Fund, and the Tax Compliance and |
Administration Fund as provided in this Section, the | ||
Department shall pay each month into the Road Fund the amount | ||
estimated to represent 16% of the net revenue realized from | ||
the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||
2022 and until July 1, 2023, subject to the payment of amounts | ||
into the County and Mass Transit District Fund, the Local | ||
Government Tax Fund, the Build Illinois Fund, the McCormick | ||
Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||
and the Tax Compliance and Administration Fund as provided in | ||
this Section, the Department shall pay each month into the | ||
Road Fund the amount estimated to represent 32% of the net | ||
revenue realized from the taxes imposed on motor fuel and | ||
gasohol. Beginning July 1, 2023 and until July 1, 2024, | ||
subject to the payment of amounts into the County and Mass | ||
Transit District Fund, the Local Government Tax Fund, the | ||
Build Illinois Fund, the McCormick Place Expansion Project | ||
Fund, the Illinois Tax Increment Fund, and the Tax Compliance | ||
and Administration Fund as provided in this Section, the | ||
Department shall pay each month into the Road Fund the amount | ||
estimated to represent 48% of the net revenue realized from | ||
the taxes imposed on motor fuel and gasohol. Beginning July 1, | ||
2024 and until July 1, 2025, subject to the payment of amounts | ||
into the County and Mass Transit District Fund, the Local | ||
Government Tax Fund, the Build Illinois Fund, the McCormick | ||
Place Expansion Project Fund, the Illinois Tax Increment Fund, | ||
and the Tax Compliance and Administration Fund as provided in |
this Section, the Department shall pay each month into the | ||
Road Fund the amount estimated to represent 64% of the net | ||
revenue realized from the taxes imposed on motor fuel and | ||
gasohol. Beginning on July 1, 2025, subject to the payment of | ||
amounts into the County and Mass Transit District Fund, the | ||
Local Government Tax Fund, the Build Illinois Fund, the | ||
McCormick Place Expansion Project Fund, the Illinois Tax | ||
Increment Fund, and the Tax Compliance and Administration Fund | ||
as provided in this Section, the Department shall pay each | ||
month into the Road Fund the amount estimated to represent 80% | ||
of the net revenue realized from the taxes imposed on motor | ||
fuel and gasohol. As used in this paragraph "motor fuel" has | ||
the meaning given to that term in Section 1.1 of the Motor Fuel | ||
Tax Law, and "gasohol" has the meaning given to that term in | ||
Section 3-40 of the Use Tax Act. | ||
Of the remainder of the moneys received by the Department | ||
pursuant to this Act, 75% thereof shall be paid into the State | ||
treasury and 25% shall be reserved in a special account and | ||
used only for the transfer to the Common School Fund as part of | ||
the monthly transfer from the General Revenue Fund in | ||
accordance with Section 8a of the State Finance Act. | ||
The Department may, upon separate written notice to a | ||
taxpayer, require the taxpayer to prepare and file with the | ||
Department on a form prescribed by the Department within not | ||
less than 60 days after receipt of the notice an annual | ||
information return for the tax year specified in the notice. |
Such annual return to the Department shall include a statement | ||
of gross receipts as shown by the retailer's last federal | ||
Federal income tax return. If the total receipts of the | ||
business as reported in the federal Federal income tax return | ||
do not agree with the gross receipts reported to the | ||
Department of Revenue for the same period, the retailer shall | ||
attach to his annual return a schedule showing a | ||
reconciliation of the 2 amounts and the reasons for the | ||
difference. The retailer's annual return to the Department | ||
shall also disclose the cost of goods sold by the retailer | ||
during the year covered by such return, opening and closing | ||
inventories of such goods for such year, costs of goods used | ||
from stock or taken from stock and given away by the retailer | ||
during such year, payroll information of the retailer's | ||
business during such year and any additional reasonable | ||
information which the Department deems would be helpful in | ||
determining the accuracy of the monthly, quarterly , or annual | ||
returns filed by such retailer as provided for in this | ||
Section. | ||
If the annual information return required by this Section | ||
is not filed when and as required, the taxpayer shall be liable | ||
as follows: | ||
(i) Until January 1, 1994, the taxpayer shall be | ||
liable for a penalty equal to 1/6 of 1% of the tax due from | ||
such taxpayer under this Act during the period to be | ||
covered by the annual return for each month or fraction of |
a month until such return is filed as required, the | ||
penalty to be assessed and collected in the same manner as | ||
any other penalty provided for in this Act. | ||
(ii) On and after January 1, 1994, the taxpayer shall | ||
be liable for a penalty as described in Section 3-4 of the | ||
Uniform Penalty and Interest Act. | ||
The chief executive officer, proprietor, owner , or highest | ||
ranking manager shall sign the annual return to certify the | ||
accuracy of the information contained therein. Any person who | ||
willfully signs the annual return containing false or | ||
inaccurate information shall be guilty of perjury and punished | ||
accordingly. The annual return form prescribed by the | ||
Department shall include a warning that the person signing the | ||
return may be liable for perjury. | ||
The provisions of this Section concerning the filing of an | ||
annual information return do not apply to a retailer who is not | ||
required to file an income tax return with the United States | ||
Government. | ||
As soon as possible after the first day of each month, upon | ||
certification of the Department of Revenue, the Comptroller | ||
shall order transferred and the Treasurer shall transfer from | ||
the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||
equal to 1.7% of 80% of the net revenue realized under this Act | ||
for the second preceding month. Beginning April 1, 2000, this | ||
transfer is no longer required and shall not be made. | ||
Net revenue realized for a month shall be the revenue |
collected by the State pursuant to this Act, less the amount | ||
paid out during that month as refunds to taxpayers for | ||
overpayment of liability. | ||
For greater simplicity of administration, manufacturers, | ||
importers and wholesalers whose products are sold at retail in | ||
Illinois by numerous retailers, and who wish to do so, may | ||
assume the responsibility for accounting and paying to the | ||
Department all tax accruing under this Act with respect to | ||
such sales, if the retailers who are affected do not make | ||
written objection to the Department to this arrangement. | ||
Any person who promotes, organizes, or provides retail | ||
selling space for concessionaires or other types of sellers at | ||
the Illinois State Fair, DuQuoin State Fair, county fairs, | ||
local fairs, art shows, flea markets , and similar exhibitions | ||
or events, including any transient merchant as defined by | ||
Section 2 of the Transient Merchant Act of 1987, is required to | ||
file a report with the Department providing the name of the | ||
merchant's business, the name of the person or persons engaged | ||
in merchant's business, the permanent address and Illinois | ||
Retailers Occupation Tax Registration Number of the merchant, | ||
the dates and location of the event , and other reasonable | ||
information that the Department may require. The report must | ||
be filed not later than the 20th day of the month next | ||
following the month during which the event with retail sales | ||
was held. Any person who fails to file a report required by | ||
this Section commits a business offense and is subject to a |
fine not to exceed $250. | ||
Any person engaged in the business of selling tangible | ||
personal property at retail as a concessionaire or other type | ||
of seller at the Illinois State Fair, county fairs, art shows, | ||
flea markets , and similar exhibitions or events, or any | ||
transient merchants, as defined by Section 2 of the Transient | ||
Merchant Act of 1987, may be required to make a daily report of | ||
the amount of such sales to the Department and to make a daily | ||
payment of the full amount of tax due. The Department shall | ||
impose this requirement when it finds that there is a | ||
significant risk of loss of revenue to the State at such an | ||
exhibition or event. Such a finding shall be based on evidence | ||
that a substantial number of concessionaires or other sellers | ||
who are not residents of Illinois will be engaging in the | ||
business of selling tangible personal property at retail at | ||
the exhibition or event, or other evidence of a significant | ||
risk of loss of revenue to the State. The Department shall | ||
notify concessionaires and other sellers affected by the | ||
imposition of this requirement. In the absence of notification | ||
by the Department, the concessionaires and other sellers shall | ||
file their returns as otherwise required in this Section. | ||
(Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60, | ||
Section 60-30, eff. 4-19-22; 102-700, Article 65, Section | ||
65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff. | ||
1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363, | ||
eff. 7-28-23; revised 9-27-23.) |
Section 210. The Cigarette Tax Act is amended by changing | ||
Section 2 as follows: | ||
(35 ILCS 130/2) (from Ch. 120, par. 453.2) | ||
Sec. 2. Tax imposed; rate; collection, payment, and | ||
distribution; discount. | ||
(a) Beginning on July 1, 2019, in place of the aggregate | ||
tax rate of 99 mills previously imposed by this Act, a tax is | ||
imposed upon any person engaged in business as a retailer of | ||
cigarettes at the rate of 149 mills per cigarette sold or | ||
otherwise disposed of in the course of such business in this | ||
State. | ||
(b) The payment of such taxes shall be evidenced by a stamp | ||
affixed to each original package of cigarettes, or an | ||
authorized substitute for such stamp imprinted on each | ||
original package of such cigarettes underneath the sealed | ||
transparent outside wrapper of such original package, as | ||
hereinafter provided. However, such taxes are not imposed upon | ||
any activity in such business in interstate commerce or | ||
otherwise, which activity may not under the Constitution and | ||
statutes of the United States be made the subject of taxation | ||
by this State. | ||
Out of the 149 mills per cigarette tax imposed by | ||
subsection (a), until July 1, 2023, the revenues received from | ||
4 mills shall be paid into the Common School Fund each month, |
not to exceed $9,000,000 per month. Out of the 149 mills per | ||
cigarette tax imposed by subsection (a), until July 1, 2023, | ||
all of the revenues received from 7 mills shall be paid into | ||
the Common School Fund each month. Out of the 149 mills per | ||
cigarette tax imposed by subsection (a), until July 1, 2023, | ||
50 mills per cigarette each month shall be paid into the | ||
Healthcare Provider Relief Fund. | ||
Beginning on July 1, 2006 and until July 1, 2023, all of | ||
the moneys received by the Department of Revenue pursuant to | ||
this Act and the Cigarette Use Tax Act, other than the moneys | ||
that are dedicated to the Common School Fund and, beginning on | ||
June 14, 2012 ( the effective date of Public Act 97-688) this | ||
amendatory Act of the 97th General Assembly , other than the | ||
moneys from the additional taxes imposed by Public Act 97-688 | ||
this amendatory Act of the 97th General Assembly that must be | ||
paid each month into the Healthcare Provider Relief Fund , and | ||
other than the moneys from the additional taxes imposed by | ||
Public Act 101-31 this amendatory Act of the 101st General | ||
Assembly that must be paid each month under subsection (c), | ||
shall be distributed each month as follows: first, there shall | ||
be paid into the General Revenue Fund an amount that, when | ||
added to the amount paid into the Common School Fund for that | ||
month, equals $29,200,000; then, from the moneys remaining, if | ||
any amounts required to be paid into the General Revenue Fund | ||
in previous months remain unpaid, those amounts shall be paid | ||
into the General Revenue Fund; then from the moneys remaining, |
$5,000,000 per month shall be paid into the School | ||
Infrastructure Fund; then, if any amounts required to be paid | ||
into the School Infrastructure Fund in previous months remain | ||
unpaid, those amounts shall be paid into the School | ||
Infrastructure Fund; then the moneys remaining, if any, shall | ||
be paid into the Long-Term Care Provider Fund. Any amounts | ||
required to be paid into the General Revenue Fund, the School | ||
Infrastructure Fund, the Long-Term Care Provider Fund, the | ||
Common School Fund, the Capital Projects Fund, or the | ||
Healthcare Provider Relief Fund under this subsection that | ||
remain unpaid as of July 1, 2023 shall be deemed satisfied on | ||
that date, eliminating any deficiency accrued through that | ||
date. | ||
(c) Beginning on July 1, 2019 and until July 1, 2023, all | ||
of the moneys from the additional taxes imposed by Public Act | ||
101-31, except for moneys received from the tax on electronic | ||
cigarettes, received by the Department of Revenue pursuant to | ||
this Act, the Cigarette Use Tax Act, and the Tobacco Products | ||
Tax Act of 1995 shall be distributed each month into the | ||
Capital Projects Fund. | ||
(c-5) Beginning on July 1, 2023, all of the moneys | ||
received by the Department of Revenue pursuant to (i) this | ||
Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed | ||
on little cigars under Section 10-10 of the Tobacco Products | ||
Tax Act of 1995 shall be paid each month as follows: | ||
(1) 7% into the Common School Fund; |
(2) 34% into the Healthcare Provider Relief Fund; | ||
(3) 34% into the Capital Projects Fund; and | ||
(4) 25% into the General Revenue Fund. | ||
(d) Until July 1, 2023, except for moneys received from | ||
the additional taxes imposed by Public Act 101-31, moneys | ||
collected from the tax imposed on little cigars under Section | ||
10-10 of the Tobacco Products Tax Act of 1995 shall be included | ||
with the moneys collected under the Cigarette Tax Act and the | ||
Cigarette Use Tax Act when making distributions to the Common | ||
School Fund, the Healthcare Provider Relief Fund, the General | ||
Revenue Fund, the School Infrastructure Fund, and the | ||
Long-Term Care Provider Fund under this Section. Any amounts, | ||
including moneys collected from the tax imposed on little | ||
cigars under Section 10-10 of the Tobacco Products Tax Act of | ||
1995, that are required to be paid into the General Revenue | ||
Fund, the School Infrastructure Fund, the Long-Term Care | ||
Provider Fund, the Common School Fund, the Capital Projects | ||
Fund, or the Healthcare Provider Relief Fund under subsection | ||
(b) that remain unpaid as of July 1, 2023 shall be deemed | ||
satisfied on that date, eliminating any deficiency accrued | ||
through that date. Beginning on July 1, 2023, moneys collected | ||
from the tax imposed on little cigars under Section 10-10 of | ||
the Tobacco Products Tax Act of 1995 shall be included with the | ||
moneys collected under the Cigarette Tax Act and the Cigarette | ||
Use Tax Act when making distributions under subsection | ||
subsections (c-5). |
(e) If the tax imposed herein terminates or has | ||
terminated, distributors who have bought stamps while such tax | ||
was in effect and who therefore paid such tax, but who can | ||
show, to the Department's satisfaction, that they sold the | ||
cigarettes to which they affixed such stamps after such tax | ||
had terminated and did not recover the tax or its equivalent | ||
from purchasers, shall be allowed by the Department to take | ||
credit for such absorbed tax against subsequent tax stamp | ||
purchases from the Department by such distributor. | ||
(f) The impact of the tax levied by this Act is imposed | ||
upon the retailer and shall be prepaid or pre-collected by the | ||
distributor for the purpose of convenience and facility only, | ||
and the amount of the tax shall be added to the price of the | ||
cigarettes sold by such distributor. Collection of the tax | ||
shall be evidenced by a stamp or stamps affixed to each | ||
original package of cigarettes, as hereinafter provided. Any | ||
distributor who purchases stamps may credit any excess | ||
payments verified by the Department against amounts | ||
subsequently due for the purchase of additional stamps, until | ||
such time as no excess payment remains. | ||
(g) Each distributor shall collect the tax from the | ||
retailer at or before the time of the sale, shall affix the | ||
stamps as hereinafter required, and shall remit the tax | ||
collected from retailers to the Department, as hereinafter | ||
provided. Any distributor who fails to properly collect and | ||
pay the tax imposed by this Act shall be liable for the tax. |
(h) Any distributor having cigarettes in his or her | ||
possession on July 1, 2019 to which tax stamps have been | ||
affixed, and any distributor having stamps in his or her | ||
possession on July 1, 2019 that have not been affixed to | ||
packages of cigarettes before July 1, 2019, is required to pay | ||
the additional tax that begins on July 1, 2019 imposed by | ||
Public Act 101-31 this amendatory Act of the 101st General | ||
Assembly to the extent that the volume of affixed and | ||
unaffixed stamps in the distributor's possession on July 1, | ||
2019 exceeds the average monthly volume of cigarette stamps | ||
purchased by the distributor in calendar year 2018. This | ||
payment, less the discount provided in subsection (l), is due | ||
when the distributor first makes a purchase of cigarette | ||
stamps on or after July 1, 2019 or on the first due date of a | ||
return under this Act occurring on or after July 1, 2019, | ||
whichever occurs first. Those distributors may elect to pay | ||
the additional tax on packages of cigarettes to which stamps | ||
have been affixed and on any stamps in the distributor's | ||
possession that have not been affixed to packages of | ||
cigarettes in their possession on July 1, 2019 over a period | ||
not to exceed 12 months from the due date of the additional tax | ||
by notifying the Department in writing. The first payment for | ||
distributors making such election is due when the distributor | ||
first makes a purchase of cigarette tax stamps on or after July | ||
1, 2019 or on the first due date of a return under this Act | ||
occurring on or after July 1, 2019, whichever occurs first. |
Distributors making such an election are not entitled to take | ||
the discount provided in subsection (l) on such payments. | ||
(i) Any retailer having cigarettes in its possession on | ||
July 1, 2019 to which tax stamps have been affixed is not | ||
required to pay the additional tax that begins on July 1, 2019 | ||
imposed by Public Act 101-31 this amendatory Act of the 101st | ||
General Assembly on those stamped cigarettes. | ||
(j) Distributors making sales of cigarettes to secondary | ||
distributors shall add the amount of the tax to the price of | ||
the cigarettes sold by the distributors. Secondary | ||
distributors making sales of cigarettes to retailers shall | ||
include the amount of the tax in the price of the cigarettes | ||
sold to retailers. The amount of tax shall not be less than the | ||
amount of taxes imposed by the State and all local | ||
jurisdictions. The amount of local taxes shall be calculated | ||
based on the location of the retailer's place of business | ||
shown on the retailer's certificate of registration or | ||
sub-registration issued to the retailer pursuant to Section 2a | ||
of the Retailers' Occupation Tax Act. The original packages of | ||
cigarettes sold to the retailer shall bear all the required | ||
stamps, or other indicia, for the taxes included in the price | ||
of cigarettes. | ||
(k) The amount of the Cigarette Tax imposed by this Act | ||
shall be separately stated, apart from the price of the goods, | ||
by distributors, manufacturer representatives, secondary | ||
distributors, and retailers, in all bills and sales invoices. |
(l) The distributor shall be required to collect the tax | ||
provided under subsection (a) paragraph (a) hereof, and, to | ||
cover the costs of such collection, shall be allowed a | ||
discount during any year commencing July 1st and ending the | ||
following June 30th in accordance with the schedule set out | ||
hereinbelow, which discount shall be allowed at the time of | ||
purchase of the stamps when purchase is required by this Act, | ||
or at the time when the tax is remitted to the Department | ||
without the purchase of stamps from the Department when that | ||
method of paying the tax is required or authorized by this Act. | ||
On and after December 1, 1985, a discount equal to 1.75% of | ||
the amount of the tax payable under this Act up to and | ||
including the first $3,000,000 paid hereunder by such | ||
distributor to the Department during any such year and 1.5% of | ||
the amount of any additional tax paid hereunder by such | ||
distributor to the Department during any such year shall | ||
apply. | ||
Two or more distributors that use a common means of | ||
affixing revenue tax stamps or that are owned or controlled by | ||
the same interests shall be treated as a single distributor | ||
for the purpose of computing the discount. | ||
(m) The taxes herein imposed are in addition to all other | ||
occupation or privilege taxes imposed by the State of | ||
Illinois, or by any political subdivision thereof, or by any | ||
municipal corporation. | ||
(Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.) |
Section 215. The Uniform Penalty and Interest Act is | ||
amended by changing Section 3-3 as follows: | ||
(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3) | ||
Sec. 3-3. Penalty for failure to file or pay. | ||
(a) This subsection (a) is applicable before January 1, | ||
1996. A penalty of 5% of the tax required to be shown due on a | ||
return shall be imposed for failure to file the tax return on | ||
or before the due date prescribed for filing determined with | ||
regard for any extension of time for filing (penalty for late | ||
filing or nonfiling). If any unprocessable return is corrected | ||
and filed within 21 days after notice by the Department, the | ||
late filing or nonfiling penalty shall not apply. If a penalty | ||
for late filing or nonfiling is imposed in addition to a | ||
penalty for late payment, the total penalty due shall be the | ||
sum of the late filing penalty and the applicable late payment | ||
penalty. Beginning on August 18, 1995 ( the effective date of | ||
Public Act 89-379) this amendatory Act of 1995 , in the case of | ||
any type of tax return required to be filed more frequently | ||
than annually, when the failure to file the tax return on or | ||
before the date prescribed for filing (including any | ||
extensions) is shown to be nonfraudulent and has not occurred | ||
in the 2 years immediately preceding the failure to file on the | ||
prescribed due date, the penalty imposed by Section 3-3(a) | ||
shall be abated. |
(a-5) This subsection (a-5) is applicable to returns due | ||
on and after January 1, 1996 and on or before December 31, | ||
2000. A penalty equal to 2% of the tax required to be shown due | ||
on a return, up to a maximum amount of $250, determined without | ||
regard to any part of the tax that is paid on time or by any | ||
credit that was properly allowable on the date the return was | ||
required to be filed, shall be imposed for failure to file the | ||
tax return on or before the due date prescribed for filing | ||
determined with regard for any extension of time for filing. | ||
However, if any return is not filed within 30 days after notice | ||
of nonfiling mailed by the Department to the last known | ||
address of the taxpayer contained in Department records, an | ||
additional penalty amount shall be imposed equal to the | ||
greater of $250 or 2% of the tax shown on the return. However, | ||
the additional penalty amount may not exceed $5,000 and is | ||
determined without regard to any part of the tax that is paid | ||
on time or by any credit that was properly allowable on the | ||
date the return was required to be filed (penalty for late | ||
filing or nonfiling). If any unprocessable return is corrected | ||
and filed within 30 days after notice by the Department, the | ||
late filing or nonfiling penalty shall not apply. If a penalty | ||
for late filing or nonfiling is imposed in addition to a | ||
penalty for late payment, the total penalty due shall be the | ||
sum of the late filing penalty and the applicable late payment | ||
penalty. In the case of any type of tax return required to be | ||
filed more frequently than annually, when the failure to file |
the tax return on or before the date prescribed for filing | ||
(including any extensions) is shown to be nonfraudulent and | ||
has not occurred in the 2 years immediately preceding the | ||
failure to file on the prescribed due date, the penalty | ||
imposed by Section 3-3(a-5) shall be abated. | ||
(a-10) This subsection (a-10) is applicable to returns due | ||
on and after January 1, 2001. A penalty equal to 2% of the tax | ||
required to be shown due on a return, up to a maximum amount of | ||
$250, reduced by any tax that is paid on time or by any credit | ||
that was properly allowable on the date the return was | ||
required to be filed, shall be imposed for failure to file the | ||
tax return on or before the due date prescribed for filing | ||
determined with regard for any extension of time for filing. | ||
However, if any return is not filed within 30 days after notice | ||
of nonfiling mailed by the Department to the last known | ||
address of the taxpayer contained in Department records, an | ||
additional penalty amount shall be imposed equal to the | ||
greater of $250 or 2% of the tax shown on the return. However, | ||
the additional penalty amount may not exceed $5,000 and is | ||
determined without regard to any part of the tax that is paid | ||
on time or by any credit that was properly allowable on the | ||
date the return was required to be filed (penalty for late | ||
filing or nonfiling). If any unprocessable return is corrected | ||
and filed within 30 days after notice by the Department, the | ||
late filing or nonfiling penalty shall not apply. If a penalty | ||
for late filing or nonfiling is imposed in addition to a |
penalty for late payment, the total penalty due shall be the | ||
sum of the late filing penalty and the applicable late payment | ||
penalty. In the case of any type of tax return required to be | ||
filed more frequently than annually, when the failure to file | ||
the tax return on or before the date prescribed for filing | ||
(including any extensions) is shown to be nonfraudulent and | ||
has not occurred in the 2 years immediately preceding the | ||
failure to file on the prescribed due date, the penalty | ||
imposed by this subsection (a-10) shall be abated. This | ||
subsection (a-10) does not apply to transaction reporting | ||
returns required by Section 3 of the Retailers' Occupation Tax | ||
Act and Section 9 of the Use Tax Act that would not, when | ||
properly prepared and filed, result in the imposition of a | ||
tax; however, those returns are subject to the penalty set | ||
forth in subsection (a-15). | ||
(a-15) A penalty of $100 shall be imposed for failure to | ||
file a transaction reporting return required by Section 3 of | ||
the Retailers' Occupation Tax Act and Section 9 of the Use Tax | ||
Act on or before the date a return is required to be filed; | ||
provided, however, that this penalty shall be imposed only if | ||
the return when properly prepared and filed would not result | ||
in the imposition of a tax. If such a transaction reporting | ||
return would result in the imposition of a tax when properly | ||
prepared and filed, then that return is subject to the | ||
provisions of subsection (a-10). | ||
(b) This subsection is applicable before January 1, 1998. |
A penalty of 15% of the tax shown on the return or the tax | ||
required to be shown due on the return shall be imposed for | ||
failure to pay: | ||
(1) the tax shown due on the return on or before the | ||
due date prescribed for payment of that tax, an amount of | ||
underpayment of estimated tax, or an amount that is | ||
reported in an amended return other than an amended return | ||
timely filed as required by subsection (b) of Section 506 | ||
of the Illinois Income Tax Act (penalty for late payment | ||
or nonpayment of admitted liability); or | ||
(2) the full amount of any tax required to be shown due | ||
on a return and which is not shown (penalty for late | ||
payment or nonpayment of additional liability), within 30 | ||
days after a notice of arithmetic error, notice and | ||
demand, or a final assessment is issued by the Department. | ||
In the case of a final assessment arising following a | ||
protest and hearing, the 30-day period shall not begin | ||
until all proceedings in court for review of the final | ||
assessment have terminated or the period for obtaining a | ||
review has expired without proceedings for a review having | ||
been instituted. In the case of a notice of tax liability | ||
that becomes a final assessment without a protest and | ||
hearing, the penalty provided in this paragraph (2) shall | ||
be imposed at the expiration of the period provided for | ||
the filing of a protest. | ||
(b-5) This subsection is applicable to returns due on and |
after January 1, 1998 and on or before December 31, 2000. A | ||
penalty of 20% of the tax shown on the return or the tax | ||
required to be shown due on the return shall be imposed for | ||
failure to pay: | ||
(1) the tax shown due on the return on or before the | ||
due date prescribed for payment of that tax, an amount of | ||
underpayment of estimated tax, or an amount that is | ||
reported in an amended return other than an amended return | ||
timely filed as required by subsection (b) of Section 506 | ||
of the Illinois Income Tax Act (penalty for late payment | ||
or nonpayment of admitted liability); or | ||
(2) the full amount of any tax required to be shown due | ||
on a return and which is not shown (penalty for late | ||
payment or nonpayment of additional liability), within 30 | ||
days after a notice of arithmetic error, notice and | ||
demand, or a final assessment is issued by the Department. | ||
In the case of a final assessment arising following a | ||
protest and hearing, the 30-day period shall not begin | ||
until all proceedings in court for review of the final | ||
assessment have terminated or the period for obtaining a | ||
review has expired without proceedings for a review having | ||
been instituted. In the case of a notice of tax liability | ||
that becomes a final assessment without a protest and | ||
hearing, the penalty provided in this paragraph (2) shall | ||
be imposed at the expiration of the period provided for | ||
the filing of a protest. |
(b-10) This subsection (b-10) is applicable to returns due | ||
on and after January 1, 2001 and on or before December 31, | ||
2003. A penalty shall be imposed for failure to pay: | ||
(1) the tax shown due on a return on or before the due | ||
date prescribed for payment of that tax, an amount of | ||
underpayment of estimated tax, or an amount that is | ||
reported in an amended return other than an amended return | ||
timely filed as required by subsection (b) of Section 506 | ||
of the Illinois Income Tax Act (penalty for late payment | ||
or nonpayment of admitted liability). The amount of | ||
penalty imposed under this subsection (b-10)(1) shall be | ||
2% of any amount that is paid no later than 30 days after | ||
the due date, 5% of any amount that is paid later than 30 | ||
days after the due date and not later than 90 days after | ||
the due date, 10% of any amount that is paid later than 90 | ||
days after the due date and not later than 180 days after | ||
the due date, and 15% of any amount that is paid later than | ||
180 days after the due date. If notice and demand is made | ||
for the payment of any amount of tax due and if the amount | ||
due is paid within 30 days after the date of the notice and | ||
demand, then the penalty for late payment or nonpayment of | ||
admitted liability under this subsection (b-10)(1) on the | ||
amount so paid shall not accrue for the period after the | ||
date of the notice and demand. | ||
(2) the full amount of any tax required to be shown due | ||
on a return and that is not shown (penalty for late payment |
or nonpayment of additional liability), within 30 days | ||
after a notice of arithmetic error, notice and demand, or | ||
a final assessment is issued by the Department. In the | ||
case of a final assessment arising following a protest and | ||
hearing, the 30-day period shall not begin until all | ||
proceedings in court for review of the final assessment | ||
have terminated or the period for obtaining a review has | ||
expired without proceedings for a review having been | ||
instituted. The amount of penalty imposed under this | ||
subsection (b-10)(2) shall be 20% of any amount that is | ||
not paid within the 30-day period. In the case of a notice | ||
of tax liability that becomes a final assessment without a | ||
protest and hearing, the penalty provided in this | ||
subsection (b-10)(2) shall be imposed at the expiration of | ||
the period provided for the filing of a protest. | ||
(b-15) This subsection (b-15) is applicable to returns due | ||
on and after January 1, 2004 and on or before December 31, | ||
2004. A penalty shall be imposed for failure to pay the tax | ||
shown due or required to be shown due on a return on or before | ||
the due date prescribed for payment of that tax, an amount of | ||
underpayment of estimated tax, or an amount that is reported | ||
in an amended return other than an amended return timely filed | ||
as required by subsection (b) of Section 506 of the Illinois | ||
Income Tax Act (penalty for late payment or nonpayment of | ||
admitted liability). The amount of penalty imposed under this | ||
subsection (b-15) (1) shall be 2% of any amount that is paid no |
later than 30 days after the due date, 10% of any amount that | ||
is paid later than 30 days after the due date and not later | ||
than 90 days after the due date, 15% of any amount that is paid | ||
later than 90 days after the due date and not later than 180 | ||
days after the due date, and 20% of any amount that is paid | ||
later than 180 days after the due date. If notice and demand is | ||
made for the payment of any amount of tax due and if the amount | ||
due is paid within 30 days after the date of this notice and | ||
demand, then the penalty for late payment or nonpayment of | ||
admitted liability under this subsection (b-15) (1) on the | ||
amount so paid shall not accrue for the period after the date | ||
of the notice and demand. | ||
(b-20) This subsection (b-20) is applicable to returns due | ||
on and after January 1, 2005 and before January 1, 2024. | ||
(1) A penalty shall be imposed for failure to pay, | ||
prior to the due date for payment, any amount of tax the | ||
payment of which is required to be made prior to the filing | ||
of a return or without a return (penalty for late payment | ||
or nonpayment of estimated or accelerated tax). The amount | ||
of penalty imposed under this paragraph (1) shall be 2% of | ||
any amount that is paid no later than 30 days after the due | ||
date and 10% of any amount that is paid later than 30 days | ||
after the due date. | ||
(2) A penalty shall be imposed for failure to pay the | ||
tax shown due or required to be shown due on a return on or | ||
before the due date prescribed for payment of that tax or |
an amount that is reported in an amended return other than | ||
an amended return timely filed as required by subsection | ||
(b) of Section 506 of the Illinois Income Tax Act (penalty | ||
for late payment or nonpayment of tax). The amount of | ||
penalty imposed under this paragraph (2) shall be 2% of | ||
any amount that is paid no later than 30 days after the due | ||
date, 10% of any amount that is paid later than 30 days | ||
after the due date and prior to the date the Department has | ||
initiated an audit or investigation of the taxpayer, and | ||
20% of any amount that is paid after the date the | ||
Department has initiated an audit or investigation of the | ||
taxpayer; provided that the penalty shall be reduced to | ||
15% if the entire amount due is paid not later than 30 days | ||
after the Department has provided the taxpayer with an | ||
amended return (following completion of an occupation, | ||
use, or excise tax audit) or a form for waiver of | ||
restrictions on assessment (following completion of an | ||
income tax audit); provided further that the reduction to | ||
15% shall be rescinded if the taxpayer makes any claim for | ||
refund or credit of the tax, penalties, or interest | ||
determined to be due upon audit, except in the case of a | ||
claim filed pursuant to subsection (b) of Section 506 of | ||
the Illinois Income Tax Act or to claim a carryover of a | ||
loss or credit, the availability of which was not | ||
determined in the audit. For purposes of this paragraph | ||
(2), any overpayment reported on an original return that |
has been allowed as a refund or credit to the taxpayer | ||
shall be deemed to have not been paid on or before the due | ||
date for payment and any amount paid under protest | ||
pursuant to the provisions of the State Officers and | ||
Employees Money Disposition Act shall be deemed to have | ||
been paid after the Department has initiated an audit and | ||
more than 30 days after the Department has provided the | ||
taxpayer with an amended return (following completion of | ||
an occupation, use, or excise tax audit) or a form for | ||
waiver of restrictions on assessment (following completion | ||
of an income tax audit). | ||
(3) The penalty imposed under this subsection (b-20) | ||
shall be deemed assessed at the time the tax upon which the | ||
penalty is computed is assessed, except that, if the | ||
reduction of the penalty imposed under paragraph (2) of | ||
this subsection (b-20) to 15% is rescinded because a claim | ||
for refund or credit has been filed, the increase in | ||
penalty shall be deemed assessed at the time the claim for | ||
refund or credit is filed. | ||
(b-25) This subsection (b-25) is applicable to returns due | ||
on or after January 1, 2024. | ||
(1) A penalty shall be imposed for failure to pay, | ||
prior to the due date for payment, any amount of tax the | ||
payment of which is required to be made prior to the filing | ||
of a return or without a return (penalty for late payment | ||
or nonpayment of estimated or accelerated tax). The amount |
of penalty imposed under this paragraph (1) shall be 2% of | ||
any amount that is paid no later than 30 days after the due | ||
date and 10% of any amount that is paid later than 30 days | ||
after the due date. | ||
(2) A penalty shall be imposed for failure to pay the | ||
tax shown due or required to be shown due on a return on or | ||
before the due date prescribed for payment of that tax | ||
(penalty for late payment or nonpayment of tax). The | ||
amount of penalty imposed under this paragraph (2) shall | ||
be 2% of any amount that is paid no later than 30 days | ||
after the due date, 10% of any amount that is paid later | ||
than 30 days after the due date and prior to the date the | ||
Department initiates an audit or investigation of the | ||
taxpayer, and 20% of any amount that is paid after the date | ||
the Department initiates an audit or investigation of the | ||
taxpayer; provided that the penalty shall be reduced to | ||
15% if the entire amount due is paid not later than 30 days | ||
after the Department provides the taxpayer with an amended | ||
return (following completion of an occupation, use, or | ||
excise tax audit) or a form for waiver of restrictions on | ||
assessment (following completion of an income tax audit); | ||
provided further that the reduction to 15% shall be | ||
rescinded if the taxpayer makes any claim for refund or | ||
credit of the tax, penalties, or interest determined to be | ||
due upon audit, except in the case of a claim filed | ||
pursuant to subsection (b) of Section 506 of the Illinois |
Income Tax Act or to claim a carryover of a loss or credit, | ||
the availability of which was not determined in the audit. | ||
For purposes of this paragraph (2): | ||
(A) any overpayment reported on an original return | ||
that has been allowed as a refund or credit to the | ||
taxpayer shall be deemed to have not been paid on or | ||
before the due date for payment; | ||
(B) any amount paid under protest pursuant to the | ||
provisions of the State Officers and Employees Money | ||
Disposition Act shall be deemed to have been paid | ||
after the Department has initiated an audit and more | ||
than 30 days after the Department has provided the | ||
taxpayer with an amended return (following completion | ||
of an occupation, use, or excise tax audit) or a form | ||
for waiver of restrictions on assessment (following | ||
completion of an income tax audit); and | ||
(C) any liability resulting from a federal change | ||
required to be reported under subsection (b) of | ||
Section 506 of the Illinois Income Tax Act that is | ||
reported and paid no later than the due date for filing | ||
the federal change amended return shall be deemed to | ||
have been paid on or before the due date prescribed for | ||
payment. | ||
(3) The penalty imposed under this subsection (b-25) | ||
shall be deemed assessed at the time the tax upon which the | ||
penalty is computed is assessed, except that, if the |
reduction of the penalty imposed under paragraph (2) of | ||
this subsection (b-25) to 15% is rescinded because a claim | ||
for refund or credit has been filed, the increase in | ||
penalty shall be deemed assessed at the time the claim for | ||
refund or credit is filed. | ||
(c) For purposes of the late payment penalties, the basis | ||
of the penalty shall be the tax shown or required to be shown | ||
on a return, whichever is applicable, reduced by any part of | ||
the tax which is paid on time and by any credit which was | ||
properly allowable on the date the return was required to be | ||
filed. | ||
(d) A penalty shall be applied to the tax required to be | ||
shown even if that amount is less than the tax shown on the | ||
return. | ||
(e) This subsection (e) is applicable to returns due | ||
before January 1, 2001. If both a subsection (b)(1) or | ||
(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty | ||
are assessed against the same return, the subsection (b)(2) or | ||
(b-5)(2) penalty shall be assessed against only the additional | ||
tax found to be due. | ||
(e-5) This subsection (e-5) is applicable to returns due | ||
on and after January 1, 2001. If both a subsection (b-10)(1) | ||
penalty and a subsection (b-10)(2) penalty are assessed | ||
against the same return, the subsection (b-10)(2) penalty | ||
shall be assessed against only the additional tax found to be | ||
due. |
(f) If the taxpayer has failed to file the return, the | ||
Department shall determine the correct tax according to its | ||
best judgment and information, which amount shall be prima | ||
facie evidence of the correctness of the tax due. | ||
(g) The time within which to file a return or pay an amount | ||
of tax due without imposition of a penalty does not extend the | ||
time within which to file a protest to a notice of tax | ||
liability or a notice of deficiency. | ||
(h) No return shall be determined to be unprocessable | ||
because of the omission of any information requested on the | ||
return pursuant to Section 2505-575 of the Department of | ||
Revenue Law (20 ILCS 2505/2505-575) . | ||
(i) If a taxpayer has a tax liability for the taxable | ||
period ending after June 30, 1983 and prior to July 1, 2002 | ||
that is eligible for amnesty under the Tax Delinquency Amnesty | ||
Act and the taxpayer fails to satisfy the tax liability during | ||
the amnesty period provided for in that Act for that taxable | ||
period, then the penalty imposed by the Department under this | ||
Section shall be imposed in an amount that is 200% of the | ||
amount that would otherwise be imposed under this Section. | ||
(j) If a taxpayer has a tax liability for the taxable | ||
period ending after June 30, 2002 and prior to July 1, 2009 | ||
that is eligible for amnesty under the Tax Delinquency Amnesty | ||
Act, except for any tax liability reported pursuant to Section | ||
506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that | ||
is not final, and the taxpayer fails to satisfy the tax |
liability during the amnesty period provided for in that Act | ||
for that taxable period, then the penalty imposed by the | ||
Department under this Section shall be imposed in an amount | ||
that is 200% of the amount that would otherwise be imposed | ||
under this Section. | ||
(Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.) | ||
Section 220. The Illinois Independent Tax Tribunal Act of | ||
2012 is amended by changing Section 1-60 as follows: | ||
(35 ILCS 1010/1-60) | ||
Sec. 1-60. Discovery and stipulation. | ||
(a) The parties to the proceeding shall comply with the | ||
Supreme Court Rules for Civil Proceedings in the Trial Court | ||
regarding Discovery, Requests for Admission, and Pre-Trial | ||
Procedure. | ||
(b) An A administrative law judge or the clerk of the Tax | ||
Tribunal, on the request of any party to the proceeding, shall | ||
issue subpoenas requiring the attendance of witnesses and | ||
giving of testimony and subpoenas duces tecum requiring the | ||
production of evidence or things. | ||
(c) Any employee of the Tax Tribunal designated in writing | ||
for that purpose by the Chief Administrative Law Judge may | ||
administer oaths. | ||
(d) The Tax Tribunal may enforce its order on discovery | ||
and other procedural issues, among other means, by deciding |
issues wholly or partly against the offending party. | ||
(Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.) | ||
Section 225. The Illinois Pension Code is amended by | ||
changing Sections 15-198 and 16-127 as follows: | ||
(40 ILCS 5/15-198) | ||
Sec. 15-198. Application and expiration of new benefit | ||
increases. | ||
(a) As used in this Section, "new benefit increase" means | ||
an increase in the amount of any benefit provided under this | ||
Article, or an expansion of the conditions of eligibility for | ||
any benefit under this Article, that results from an amendment | ||
to this Code that takes effect after June 1, 2005 (the | ||
effective date of Public Act 94-4). "New benefit increase", | ||
however, does not include any benefit increase resulting from | ||
the changes made to Article 1 or this Article by Public Act | ||
100-23, Public Act 100-587, Public Act 100-769, Public Act | ||
101-10, Public Act 101-610, Public Act 102-16, Public Act | ||
103-80, or Public Act 103-548 or this amendatory Act of the | ||
103rd General Assembly . | ||
(b) Notwithstanding any other provision of this Code or | ||
any subsequent amendment to this Code, every new benefit | ||
increase is subject to this Section and shall be deemed to be | ||
granted only in conformance with and contingent upon | ||
compliance with the provisions of this Section. |
(c) The Public Act enacting a new benefit increase must | ||
identify and provide for payment to the System of additional | ||
funding at least sufficient to fund the resulting annual | ||
increase in cost to the System as it accrues. | ||
Every new benefit increase is contingent upon the General | ||
Assembly providing the additional funding required under this | ||
subsection. The Commission on Government Forecasting and | ||
Accountability shall analyze whether adequate additional | ||
funding has been provided for the new benefit increase and | ||
shall report its analysis to the Public Pension Division of | ||
the Department of Insurance. A new benefit increase created by | ||
a Public Act that does not include the additional funding | ||
required under this subsection is null and void. If the Public | ||
Pension Division determines that the additional funding | ||
provided for a new benefit increase under this subsection is | ||
or has become inadequate, it may so certify to the Governor and | ||
the State Comptroller and, in the absence of corrective action | ||
by the General Assembly, the new benefit increase shall expire | ||
at the end of the fiscal year in which the certification is | ||
made. | ||
(d) Every new benefit increase shall expire 5 years after | ||
its effective date or on such earlier date as may be specified | ||
in the language enacting the new benefit increase or provided | ||
under subsection (c). This does not prevent the General | ||
Assembly from extending or re-creating a new benefit increase | ||
by law. |
(e) Except as otherwise provided in the language creating | ||
the new benefit increase, a new benefit increase that expires | ||
under this Section continues to apply to persons who applied | ||
and qualified for the affected benefit while the new benefit | ||
increase was in effect and to the affected beneficiaries and | ||
alternate payees of such persons, but does not apply to any | ||
other person, including, without limitation, a person who | ||
continues in service after the expiration date and did not | ||
apply and qualify for the affected benefit while the new | ||
benefit increase was in effect. | ||
(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23; | ||
103-548, eff. 8-11-23; revised 8-31-23.) | ||
(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) | ||
Sec. 16-127. Computation of creditable service. | ||
(a) Each member shall receive regular credit for all | ||
service as a teacher from the date membership begins, for | ||
which satisfactory evidence is supplied and all contributions | ||
have been paid. | ||
(b) The following periods of service shall earn optional | ||
credit and each member shall receive credit for all such | ||
service for which satisfactory evidence is supplied and all | ||
contributions have been paid as of the date specified: | ||
(1) Prior service as a teacher. | ||
(2) Service in a capacity essentially similar or | ||
equivalent to that of a teacher, in the public common |
schools in school districts in this State not included | ||
within the provisions of this System, or of any other | ||
State, territory, dependency or possession of the United | ||
States, or in schools operated by or under the auspices of | ||
the United States, or under the auspices of any agency or | ||
department of any other State, and service during any | ||
period of professional speech correction or special | ||
education experience for a public agency within this State | ||
or any other State, territory, dependency or possession of | ||
the United States, and service prior to February 1, 1951 | ||
as a recreation worker for the Illinois Department of | ||
Public Safety, for a period not exceeding the lesser of | ||
2/5 of the total creditable service of the member or 10 | ||
years. The maximum service of 10 years which is allowable | ||
under this paragraph shall be reduced by the service | ||
credit which is validated by other retirement systems | ||
under paragraph (i) of Section 15-113 and paragraph 1 of | ||
Section 17-133. Credit granted under this paragraph may | ||
not be used in determination of a retirement annuity or | ||
disability benefits unless the member has at least 5 years | ||
of creditable service earned subsequent to this employment | ||
with one or more of the following systems: Teachers' | ||
Retirement System of the State of Illinois, State | ||
Universities Retirement System, and the Public School | ||
Teachers' Pension and Retirement Fund of Chicago. Whenever | ||
such service credit exceeds the maximum allowed for all |
purposes of this Article, the first service rendered in | ||
point of time shall be considered. The changes to this | ||
paragraph subdivision (b) (2) made by Public Act 86-272 | ||
shall apply not only to persons who on or after its | ||
effective date (August 23, 1989) are in service as a | ||
teacher under the System, but also to persons whose status | ||
as such a teacher terminated prior to such effective date, | ||
whether or not such person is an annuitant on that date. | ||
(3) Any periods immediately following teaching | ||
service, under this System or under Article 17, (or | ||
immediately following service prior to February 1, 1951 as | ||
a recreation worker for the Illinois Department of Public | ||
Safety) spent in active service with the military forces | ||
of the United States; periods spent in educational | ||
programs that prepare for return to teaching sponsored by | ||
the federal government following such active military | ||
service; if a teacher returns to teaching service within | ||
one calendar year after discharge or after the completion | ||
of the educational program, a further period, not | ||
exceeding one calendar year, between time spent in | ||
military service or in such educational programs and the | ||
return to employment as a teacher under this System; and a | ||
period of up to 2 years of active military service not | ||
immediately following employment as a teacher. | ||
The changes to this Section and Section 16-128 | ||
relating to military service made by Public Act P.A. |
87-794 shall apply not only to persons who on or after its | ||
effective date are in service as a teacher under the | ||
System, but also to persons whose status as a teacher | ||
terminated prior to that date, whether or not the person | ||
is an annuitant on that date. In the case of an annuitant | ||
who applies for credit allowable under this Section for a | ||
period of military service that did not immediately follow | ||
employment, and who has made the required contributions | ||
for such credit, the annuity shall be recalculated to | ||
include the additional service credit, with the increase | ||
taking effect on the date the System received written | ||
notification of the annuitant's intent to purchase the | ||
credit, if payment of all the required contributions is | ||
made within 60 days of such notice, or else on the first | ||
annuity payment date following the date of payment of the | ||
required contributions. In calculating the automatic | ||
annual increase for an annuity that has been recalculated | ||
under this Section, the increase attributable to the | ||
additional service allowable under Public Act P.A. 87-794 | ||
shall be included in the calculation of automatic annual | ||
increases accruing after the effective date of the | ||
recalculation. | ||
Credit for military service shall be determined as | ||
follows: if entry occurs during the months of July, | ||
August, or September and the member was a teacher at the | ||
end of the immediately preceding school term, credit shall |
be granted from July 1 of the year in which he or she | ||
entered service; if entry occurs during the school term | ||
and the teacher was in teaching service at the beginning | ||
of the school term, credit shall be granted from July 1 of | ||
such year. In all other cases where credit for military | ||
service is allowed, credit shall be granted from the date | ||
of entry into the service. | ||
The total period of military service for which credit | ||
is granted shall not exceed 5 years for any member unless | ||
the service: (A) is validated before July 1, 1964, and (B) | ||
does not extend beyond July 1, 1963. Credit for military | ||
service shall be granted under this Section only if not | ||
more than 5 years of the military service for which credit | ||
is granted under this Section is used by the member to | ||
qualify for a military retirement allotment from any | ||
branch of the armed forces of the United States. The | ||
changes to this paragraph subdivision (b) (3) made by | ||
Public Act 86-272 shall apply not only to persons who on or | ||
after its effective date (August 23, 1989) are in service | ||
as a teacher under the System, but also to persons whose | ||
status as such a teacher terminated prior to such | ||
effective date, whether or not such person is an annuitant | ||
on that date. | ||
(4) Any periods served as a member of the General | ||
Assembly. | ||
(5)(i) Any periods for which a teacher, as defined in |
Section 16-106, is granted a leave of absence, provided he | ||
or she returns to teaching service creditable under this | ||
System or the State Universities Retirement System | ||
following the leave; (ii) periods during which a teacher | ||
is involuntarily laid off from teaching, provided he or | ||
she returns to teaching following the lay-off; (iii) | ||
periods prior to July 1, 1983 during which a teacher | ||
ceased covered employment due to pregnancy, provided that | ||
the teacher returned to teaching service creditable under | ||
this System or the State Universities Retirement System | ||
following the pregnancy and submits evidence satisfactory | ||
to the Board documenting that the employment ceased due to | ||
pregnancy; and (iv) periods prior to July 1, 1983 during | ||
which a teacher ceased covered employment for the purpose | ||
of adopting an infant under 3 years of age or caring for a | ||
newly adopted infant under 3 years of age, provided that | ||
the teacher returned to teaching service creditable under | ||
this System or the State Universities Retirement System | ||
following the adoption and submits evidence satisfactory | ||
to the Board documenting that the employment ceased for | ||
the purpose of adopting an infant under 3 years of age or | ||
caring for a newly adopted infant under 3 years of age. | ||
However, total credit under this paragraph (5) may not | ||
exceed 3 years. | ||
Any qualified member or annuitant may apply for credit | ||
under item (iii) or (iv) of this paragraph (5) without |
regard to whether service was terminated before June 27, | ||
1997 ( the effective date of Public Act 90-32) this | ||
amendatory Act of 1997 . In the case of an annuitant who | ||
establishes credit under item (iii) or (iv), the annuity | ||
shall be recalculated to include the additional service | ||
credit. The increase in annuity shall take effect on the | ||
date the System receives written notification of the | ||
annuitant's intent to purchase the credit, if the required | ||
evidence is submitted and the required contribution paid | ||
within 60 days of that notification, otherwise on the | ||
first annuity payment date following the System's receipt | ||
of the required evidence and contribution. The increase in | ||
an annuity recalculated under this provision shall be | ||
included in the calculation of automatic annual increases | ||
in the annuity accruing after the effective date of the | ||
recalculation. | ||
Optional credit may be purchased under this paragraph | ||
subsection (b) (5) for periods during which a teacher has | ||
been granted a leave of absence pursuant to Section 24-13 | ||
of the School Code. A teacher whose service under this | ||
Article terminated prior to the effective date of Public | ||
Act P.A. 86-1488 shall be eligible to purchase such | ||
optional credit. If a teacher who purchases this optional | ||
credit is already receiving a retirement annuity under | ||
this Article, the annuity shall be recalculated as if the | ||
annuitant had applied for the leave of absence credit at |
the time of retirement. The difference between the | ||
entitled annuity and the actual annuity shall be credited | ||
to the purchase of the optional credit. The remainder of | ||
the purchase cost of the optional credit shall be paid on | ||
or before April 1, 1992. | ||
The change in this paragraph made by Public Act 86-273 | ||
shall be applicable to teachers who retire after June 1, | ||
1989, as well as to teachers who are in service on that | ||
date. | ||
(6) Any days of unused and uncompensated accumulated | ||
sick leave earned by a teacher. The service credit granted | ||
under this paragraph shall be the ratio of the number of | ||
unused and uncompensated accumulated sick leave days to | ||
170 days, subject to a maximum of 2 years of service | ||
credit. Prior to the member's retirement, each former | ||
employer shall certify to the System the number of unused | ||
and uncompensated accumulated sick leave days credited to | ||
the member at the time of termination of service. The | ||
period of unused sick leave shall not be considered in | ||
determining the effective date of retirement. A member is | ||
not required to make contributions in order to obtain | ||
service credit for unused sick leave. | ||
Credit for sick leave shall, at retirement, be granted | ||
by the System for any retiring regional or assistant | ||
regional superintendent of schools at the rate of 6 days | ||
per year of creditable service or portion thereof |
established while serving as such superintendent or | ||
assistant superintendent. | ||
(7) Periods prior to February 1, 1987 served as an | ||
employee of the Illinois Mathematics and Science Academy | ||
for which credit has not been terminated under Section | ||
15-113.9 of this Code. | ||
(8) Service as a substitute teacher for work performed | ||
prior to July 1, 1990. | ||
(9) Service as a part-time teacher for work performed | ||
prior to July 1, 1990. | ||
(10) Up to 2 years of employment with Southern | ||
Illinois University - Carbondale from September 1, 1959 to | ||
August 31, 1961, or with Governors State University from | ||
September 1, 1972 to August 31, 1974, for which the | ||
teacher has no credit under Article 15. To receive credit | ||
under this item (10), a teacher must apply in writing to | ||
the Board and pay the required contributions before May 1, | ||
1993 and have at least 12 years of service credit under | ||
this Article. | ||
(11) Periods of service as a student teacher as | ||
described in Section 24-8.5 of the School Code for which | ||
the student teacher received a salary. | ||
(b-1) A member may establish optional credit for up to 2 | ||
years of service as a teacher or administrator employed by a | ||
private school recognized by the Illinois State Board of | ||
Education, provided that the teacher (i) was certified under |
the law governing the certification of teachers at the time | ||
the service was rendered, (ii) applies in writing on or before | ||
June 30, 2028, (iii) supplies satisfactory evidence of the | ||
employment, (iv) completes at least 10 years of contributing | ||
service as a teacher as defined in Section 16-106, and (v) pays | ||
the contribution required in subsection (d-5) of Section | ||
16-128. The member may apply for credit under this subsection | ||
and pay the required contribution before completing the 10 | ||
years of contributing service required under item (iv), but | ||
the credit may not be used until the item (iv) contributing | ||
service requirement has been met. | ||
(c) The service credits specified in this Section shall be | ||
granted only if: (1) such service credits are not used for | ||
credit in any other statutory tax-supported public employee | ||
retirement system other than the federal Social Security | ||
program; and (2) the member makes the required contributions | ||
as specified in Section 16-128. Except as provided in | ||
subsection (b-1) of this Section, the service credit shall be | ||
effective as of the date the required contributions are | ||
completed. | ||
Any service credits granted under this Section shall | ||
terminate upon cessation of membership for any cause. | ||
Credit may not be granted under this Section covering any | ||
period for which an age retirement or disability retirement | ||
allowance has been paid. | ||
Credit may not be granted under this Section for service |
as an employee of an entity that provides substitute teaching | ||
services under Section 2-3.173 of the School Code and is not a | ||
school district. | ||
(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23; | ||
103-525, eff. 8-11-23; revised 9-5-23.) | ||
Section 230. The Local Government Taxpayers' Bill of | ||
Rights Act is amended by changing Section 30 as follows: | ||
(50 ILCS 45/30) | ||
Sec. 30. Statute of limitations. Units of local government | ||
have an obligation to review tax returns in a timely manner and | ||
issue any determination of tax due as promptly as possible so | ||
that taxpayers may make timely corrections of future returns | ||
and minimize any interest charges applied to tax | ||
underpayments. Each unit of local government must provide | ||
appropriate statutes of limitation for the determination and | ||
assessment of taxes covered by this Act, provided, however, | ||
that a statute of limitations may not exceed the following: | ||
(1) No notice of determination of tax due or | ||
assessment may be issued more than 5 years after the end of | ||
the calendar year for which the return for the period was | ||
filed or the end of the calendar year in which the return | ||
for the period was due, whichever occurs later. An audit | ||
or review that is timely performed under Section 35 of | ||
this Act or Section 8-11-2.5 of the Illinois Municipal |
Code shall toll the applicable 5-year period for a period | ||
of not more than one 1 year. | ||
(2) If any tax return was not filed or if during any | ||
4-year period for which a notice of tax determination or | ||
assessment may be issued by the unit of local government | ||
the tax paid or remitted was less than 75% of the tax due | ||
for that period, the statute of limitations shall be no | ||
more than 6 years after the end of the calendar year in | ||
which the return for the period was due or the end of the | ||
calendar year in which the return for the period was | ||
filed, whichever occurs later. In the event that a unit of | ||
local government fails to provide a statute of | ||
limitations, the maximum statutory period provided in this | ||
Section applies. | ||
(3) The changes to this Section made by Public Act | ||
102-1144 this amendatory Act of the 102nd General Assembly do | ||
not revive any determination and assessment of tax due where | ||
the statute of limitations has expired as of March 17, 2023 | ||
( the effective date of Public Act 102-1144) this amendatory | ||
Act of the 102nd General Assembly , but the changes do extend | ||
the statute of limitations for the determination and | ||
assessment of taxes where the statute of limitation has not | ||
expired as of March 17, 2023 ( the effective date of Public Act | ||
102-1144) this amendatory Act of the 102nd General Assembly . | ||
This Section does not place any limitation on a unit of | ||
local government if a fraudulent tax return is filed. |
(Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.) | ||
Section 235. The Uniform Peace Officers' Disciplinary Act | ||
is amended by changing Section 7.2 as follows: | ||
(50 ILCS 725/7.2) | ||
Sec. 7.2. Possession of a Firearm Owner's Identification | ||
Card. An employer of an officer shall not make possession of a | ||
Firearm Owner's Identification Card a condition of continued | ||
employment if the officer's Firearm Owner's Identification | ||
Card is revoked or seized because the officer has been a | ||
patient of a mental health facility and the officer has not | ||
been determined to pose a clear and present danger to himself, | ||
herself, or others as determined by a physician, clinical | ||
psychologist, or qualified examiner. Nothing in is this | ||
Section shall otherwise impair an employer's ability to | ||
determine an officer's fitness for duty. On and after August | ||
17, 2018 ( the effective date of Public Act 100-911) this | ||
amendatory Act of the 100th General Assembly , Section 6 of | ||
this Act shall not apply to the prohibition requiring a | ||
Firearm Owner's Identification Card as a condition of | ||
continued employment, but a collective bargaining agreement | ||
already in effect on that issue on August 17, 2018 ( the | ||
effective date of Public Act 100-911) this amendatory Act of | ||
the 100th General Assembly cannot be modified. The employer | ||
shall document if and why an officer has been determined to |
pose a clear and present danger. | ||
(Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19; | ||
revised 4-5-23.) | ||
Section 240. The Counties Code is amended by changing | ||
Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows: | ||
(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002) | ||
Sec. 3-8002. Applicability and adoption. The county board | ||
of every county having a county police department merit board | ||
established under the "The County Police Department Act ", | ||
approved August 7, 1967, as amended (repealed) , or a merit | ||
commission for sheriff's personnel established under Section | ||
58.1 of "An Act to revise the law in relation to counties", | ||
approved March 31, 1874, as amended (repealed), shall adopt | ||
and implement the merit system provided by this Division and | ||
shall modify the merit system now in effect in that county as | ||
may be necessary to comply with this Division. | ||
The county board of any county having a population of less | ||
than 1,000,000 which does not have a merit board or merit | ||
commission for sheriff's personnel may adopt and implement by | ||
ordinance the merit system provided by this Division. If the | ||
county board does not adopt such a merit system by an ordinance | ||
and if a petition signed by not fewer than 5% or 1000, | ||
whichever is less, of the registered electors of any such | ||
county is filed with the county clerk requesting a referendum |
on the adoption of a merit system for deputies in the office of | ||
the Sheriff, the county board shall, by appropriate ordinance, | ||
cause the question to be submitted to the electors of the | ||
county, at a special or general election specified in such | ||
ordinance, in accordance with the provisions of Section 28-3 | ||
of the "The Election Code ", approved May 11, 1943, as now or | ||
hereafter amended . Notice of the election shall be given as | ||
provided in Article 12 of that Code such code . If a majority of | ||
those voting on the proposition at such election vote in favor | ||
thereof, the county board shall adopt and implement a merit | ||
system provided in this Division. When a merit board or merit | ||
commission for sheriff's personnel has been established in a | ||
county, it may be abolished by the same procedure in which it | ||
was established. | ||
This Division does not apply to any county having a | ||
population of more than 1,000,000 nor to any county which has | ||
not elected to adopt the merit system provided by this | ||
Division and which is not required to do so under this Section. | ||
(Source: P.A. 86-962; revised 9-25-23.) | ||
(55 ILCS 5/4-7001) | ||
Sec. 4-7001. Coroner's fees. The fees of the coroner's | ||
office shall be as follows: | ||
1. For a copy of a transcript of sworn testimony: | ||
$5.00 per page. | ||
2. For a copy of an autopsy report (if not included in |
transcript): $50.00. | ||
3. For a copy of the verdict of a coroner's jury: | ||
$5.00. | ||
4. For a copy of a toxicology report: $25.00. | ||
5. For a print of or an electronic file containing a | ||
picture obtained by the coroner: actual cost or $3.00, | ||
whichever is greater. | ||
6. For each copy of miscellaneous reports, including | ||
artist's drawings but not including police reports: actual | ||
cost or $25.00, whichever is greater. | ||
7. For a coroner's or medical examiner's permit to | ||
cremate a dead human body: $100. The coroner may waive, at | ||
his or her discretion, the permit fee if the coroner | ||
determines that the person is indigent and unable to pay | ||
the permit fee or under other special circumstances. | ||
8. Except in a county with a population over | ||
3,000,000, on and after January 1, 2024, for a certified | ||
copy of a transcript of sworn testimony of a coroner's | ||
inquest made by written request declaring the request is | ||
for research or genealogy purposes: $15.00 for the entire | ||
transcript. A request shall be deemed a proper request for | ||
purpose of research or genealogy if the requested inquest | ||
occurred not less than 20 years prior to the date of the | ||
written request. The transcript shall be stamped with the | ||
words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY". | ||
All of which fees shall be certified by the court; in the |
case of inmates of any State charitable or penal institution, | ||
the fees shall be paid by the operating department or | ||
commission, out of the State Treasury. The coroner shall file | ||
his or her claim in probate for his or her fees and he or she | ||
shall render assistance to the State's Attorney attorney in | ||
the collection of such fees out of the estate of the deceased. | ||
In counties of less than 1,000,000 population, the State's | ||
Attorney attorney shall collect such fees out of the estate of | ||
the deceased. | ||
Except in a county with a population over 3,000,000, on | ||
and after January 1, 2024, the coroner may waive, at his or her | ||
discretion, any fees under this Section if the coroner | ||
determines that the person is indigent and unable to pay the | ||
fee or under other special circumstances as determined by the | ||
coroner. | ||
Except as otherwise provided in this Section, whenever the | ||
coroner is required by law to perform any of the duties of the | ||
office of the sheriff, the coroner is entitled to the like fees | ||
and compensation as are allowed by law to the sheriff for the | ||
performance of similar services. | ||
Except as otherwise provided in this Section, whenever the | ||
coroner of any county is required to travel in the performance | ||
of his or her duties, he or she shall receive the same mileage | ||
fees as are authorized for the sheriff of such county. | ||
All fees under this Section collected by or on behalf of | ||
the coroner's office shall be paid over to the county |
treasurer and deposited into a special account in the county | ||
treasury. Moneys in the special account shall be used solely | ||
for the purchase of electronic and forensic identification | ||
equipment or other related supplies and the operating expenses | ||
of the coroner's office. | ||
The changes made by Public Act 103-73 this amendatory Act | ||
of the 103rd General Assembly do not apply retroactively. | ||
(Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24; | ||
revised 12-12-23.) | ||
(55 ILCS 5/5-1022) | ||
Sec. 5-1022. Competitive bids. | ||
(a) Any purchase by a county with fewer than 2,000,000 | ||
inhabitants of services, materials, equipment or supplies in | ||
excess of $30,000, other than professional services, shall be | ||
contracted for in one of the following ways: | ||
(1) by a contract let to the lowest responsible bidder | ||
after advertising for bids in a newspaper published within | ||
the county or, if no newspaper is published within the | ||
county, then a newspaper having general circulation within | ||
the county; or | ||
(2) by a contract let without advertising for bids in | ||
the case of an emergency if authorized by the county | ||
board ; or . | ||
(3) by a contract let without advertising for bids in | ||
the case of the expedited replacement of a disabled, |
inoperable, or damaged patrol vehicle of the sheriff's | ||
department if authorized by the county board. | ||
(b) In determining the lowest responsible bidder, the | ||
county board shall take into consideration the qualities of | ||
the articles supplied; their conformity with the | ||
specifications; their suitability to the requirements of the | ||
county; the availability of support services; the uniqueness | ||
of the service, materials, equipment, or supplies as it | ||
applies to networked, integrated computer systems; the | ||
compatibility to existing equipment; and the delivery terms. | ||
In addition, the county board may take into consideration the | ||
bidder's active participation in an applicable apprenticeship | ||
program registered with the United States Department of Labor. | ||
The county board also may take into consideration whether a | ||
bidder is a private enterprise or a State-controlled | ||
enterprise and, notwithstanding any other provision of this | ||
Section or a lower bid by a State-controlled enterprise, may | ||
let a contract to the lowest responsible bidder that is a | ||
private enterprise. | ||
(c) This Section does not apply to contracts by a county | ||
with the federal government or to purchases of used equipment, | ||
purchases at auction or similar transactions which by their | ||
very nature are not suitable to competitive bids, pursuant to | ||
an ordinance adopted by the county board. | ||
(d) Notwithstanding the provisions of this Section, a | ||
county may let without advertising for bids in the case of |
purchases and contracts, when individual orders do not exceed | ||
$35,000, for the use, purchase, delivery, movement, or | ||
installation of data processing equipment, software, or | ||
services and telecommunications and inter-connect equipment, | ||
software, and services. | ||
(e) A county may require, as a condition of any contract | ||
for goods and services, that persons awarded a contract with | ||
the county and all affiliates of the person collect and remit | ||
Illinois Use Tax on all sales of tangible personal property | ||
into the State of Illinois in accordance with the provisions | ||
of the Illinois Use Tax Act regardless of whether the person or | ||
affiliate is a "retailer maintaining a place of business | ||
within this State" as defined in Section 2 of the Use Tax Act. | ||
For purposes of this subsection (e), the term "affiliate" | ||
means any entity that (1) directly, indirectly, or | ||
constructively controls another entity, (2) is directly, | ||
indirectly, or constructively controlled by another entity, or | ||
(3) is subject to the control of a common entity. For purposes | ||
of this subsection (e), an entity controls another entity if | ||
it owns, directly or individually, more than 10% of the voting | ||
securities of that entity. As used in this subsection (e), the | ||
term "voting security" means a security that (1) confers upon | ||
the holder the right to vote for the election of members of the | ||
board of directors or similar governing body of the business | ||
or (2) is convertible into, or entitles the holder to receive | ||
upon its exercise, a security that confers such a right to |
vote. A general partnership interest is a voting security. | ||
(f) Bids submitted to, and contracts executed by, the | ||
county may require a certification by the bidder or contractor | ||
that the bidder or contractor is not barred from bidding for or | ||
entering into a contract under this Section and that the | ||
bidder or contractor acknowledges that the county may declare | ||
the contract void if the certification completed pursuant to | ||
this subsection (f) is false. | ||
(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; | ||
revised 12-12-23.) | ||
(55 ILCS 5/5-1069.3) | ||
Sec. 5-1069.3. Required health benefits. If a county, | ||
including a home rule county, is a self-insurer for purposes | ||
of providing health insurance coverage for its employees, the | ||
coverage shall include coverage for the post-mastectomy care | ||
benefits required to be covered by a policy of accident and | ||
health insurance under Section 356t and the coverage required | ||
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, | ||
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | ||
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, | ||
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, | ||
356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, | ||
356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and | ||
356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 of the | ||
Illinois Insurance Code. The coverage shall comply with |
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois | ||
Insurance Code. The Department of Insurance shall enforce the | ||
requirements of this Section. The requirement that health | ||
benefits be covered as provided in this Section is an | ||
exclusive power and function of the State and is a denial and | ||
limitation under Article VII, Section 6, subsection (h) of the | ||
Illinois Constitution. A home rule county to which this | ||
Section applies must comply with every provision of this | ||
Section. | ||
Rulemaking authority to implement Public Act 95-1045, 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. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | ||
8-29-23.) | ||
Section 245. The Illinois Municipal Code is amended by |
changing Sections 8-4-1 and 10-4-2.3 as follows: | ||
(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1) | ||
Sec. 8-4-1. No bonds shall be issued by the corporate | ||
authorities of any municipality until the question of | ||
authorizing such bonds has been submitted to the electors of | ||
that municipality provided that notice of the bond referendum, | ||
if held before July 1, 1999, has been given in accordance with | ||
the provisions of Section 12-5 of the Election Code in effect | ||
at the time of the bond referendum, at least 10 and not more | ||
than 45 days before the date of the election, notwithstanding | ||
the time for publication otherwise imposed by Section 12-5, | ||
and approved by a majority of the electors voting upon that | ||
question. Notices required in connection with the submission | ||
of public questions on or after July 1, 1999 shall be as set | ||
forth in Section 12-5 of the Election Code. The clerk shall | ||
certify the proposition of the corporate authorities to the | ||
proper election authority who shall submit the question at an | ||
election in accordance with the general election law, subject | ||
to the notice provisions set forth in this Section. | ||
Notice of any such election shall contain the amount of | ||
the bond issue, purpose for which issued, and maximum rate of | ||
interest. | ||
In addition to all other authority to issue bonds, the | ||
Village of Indian Head Park is authorized to issue bonds for | ||
the purpose of paying the costs of making roadway improvements |
in an amount not to exceed the aggregate principal amount of | ||
$2,500,000, provided that 60% of the votes cast at the general | ||
primary election held on March 18, 2014 are cast in favor of | ||
the issuance of the bonds, and the bonds are issued by December | ||
31, 2014. | ||
However, without the submission of the question of issuing | ||
bonds to the electors, the corporate authorities of any | ||
municipality may authorize the issuance of any of the | ||
following bonds: | ||
(1) Bonds to refund any existing bonded indebtedness; | ||
(2) Bonds to fund or refund any existing judgment | ||
indebtedness; | ||
(3) In any municipality of less than 500,000 | ||
population, bonds to anticipate the collection of | ||
installments of special assessments and special taxes | ||
against property owned by the municipality and to | ||
anticipate the collection of the amount apportioned to the | ||
municipality as public benefits under Article 9; | ||
(4) Bonds issued by any municipality under Sections | ||
8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1 | ||
through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1 | ||
through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 | ||
through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1 | ||
through 11-102-10, 11-103-11 through 11-103-15, 11-118-1 | ||
through 11-118-6, 11-119-1 through 11-119-5, 11-129-1 | ||
through 11-129-7, 11-133-1 through 11-133-4, 11-139-1 |
through 11-139-12, 11-141-1 through 11-141-18 of this | ||
Code , or 10-801 through 10-808 of the Illinois Highway | ||
Code , as amended ; | ||
(5) Bonds issued by the board of education of any | ||
school district under the provisions of Sections 34-30 | ||
through 34-36 of the The School Code , as amended ; | ||
(6) Bonds issued by any municipality under the | ||
provisions of Division 6 of this Article 8; and by any | ||
municipality under the provisions of Division 7 of this | ||
Article 8; or under the provisions of Sections 11-121-4 | ||
and 11-121-5; | ||
(7) Bonds to pay for the purchase of voting machines | ||
by any municipality that has adopted Article 24 of the The | ||
Election Code , approved May 11, 1943, as amended ; | ||
(8) Bonds issued by any municipality under Sections 15 | ||
and 46 of the " Environmental Protection Act ", approved | ||
June 29, 1970 ; | ||
(9) Bonds issued by the corporate authorities of any | ||
municipality under the provisions of Section 8-4-25 of | ||
this Article 8; | ||
(10) Bonds issued under Section 8-4-26 of this Article | ||
8 by any municipality having a board of election | ||
commissioners; | ||
(11) Bonds issued under the provisions of the Special | ||
Service Area Tax Act (repealed) "An Act to provide the | ||
manner of levying or imposing taxes for the provision of |
special services to areas within the boundaries of home | ||
rule units and nonhome rule municipalities and counties", | ||
approved September 21, 1973 ; | ||
(12) Bonds issued under Section 8-5-16 of this Code; | ||
(13) Bonds to finance the cost of the acquisition, | ||
construction , or improvement of water or wastewater | ||
treatment facilities mandated by an enforceable compliance | ||
schedule developed in connection with the federal Clean | ||
Water Act or a compliance order issued by the United | ||
States Environmental Protection Agency or the Illinois | ||
Pollution Control Board; provided that such bonds are | ||
authorized by an ordinance adopted by a three-fifths | ||
majority of the corporate authorities of the municipality | ||
issuing the bonds which ordinance shall specify that the | ||
construction or improvement of such facilities is | ||
necessary to alleviate an emergency condition in such | ||
municipality; | ||
(14) Bonds issued by any municipality pursuant to | ||
Section 11-113.1-1; | ||
(15) Bonds issued under Sections 11-74.6-1 through | ||
11-74.6-45, the Industrial Jobs Recovery Law of this Code; | ||
(16) Bonds issued under the Innovation Development and | ||
Economy Act, except as may be required by Section 35 of | ||
that Act. | ||
(Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.) |
(65 ILCS 5/10-4-2.3) | ||
Sec. 10-4-2.3. Required health benefits. If a | ||
municipality, including a home rule municipality, is a | ||
self-insurer for purposes of providing health insurance | ||
coverage for its employees, the coverage shall include | ||
coverage for the post-mastectomy care benefits required to be | ||
covered by a policy of accident and health insurance under | ||
Section 356t and the coverage required under Sections 356g, | ||
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, | ||
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | ||
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | ||
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, | ||
356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62 , | ||
356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois | ||
Insurance Code. The coverage shall comply with Sections | ||
155.22a, 355b, 356z.19, and 370c of the Illinois Insurance | ||
Code. The Department of Insurance shall enforce the | ||
requirements of this Section. The requirement that health | ||
benefits be covered as provided in this is an exclusive power | ||
and function of the State and is a denial and limitation under | ||
Article VII, Section 6, subsection (h) of the Illinois | ||
Constitution. A home rule municipality to which this Section | ||
applies must comply with every provision of this Section. | ||
Rulemaking authority to implement Public Act 95-1045, 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. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | ||
8-29-23.) | ||
Section 250. The Fire Protection District Act is amended | ||
by changing Section 20 as follows: | ||
(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) | ||
Sec. 20. Disconnection by operation of law. | ||
(a) Any territory within a fire protection district that | ||
is or has been annexed to a municipality that provides fire | ||
protection for property within such city, village or | ||
incorporated town is, by operation of law, disconnected from | ||
the fire protection district as of the January first after | ||
such territory is annexed to the municipality as long as the | ||
municipality has conducted a response-time study that shows, |
at a minimum, estimated response times from the fire | ||
protection district to the territory and estimated response | ||
times of the municipal fire department from the territory or | ||
in case any such territory has been so annexed prior to the | ||
effective date of this amendatory Act of 1965, as of January 1, | ||
1966. | ||
(b) The disconnection by operation of law does not occur | ||
if, within 60 days after such annexation or after the | ||
effective date of this amendatory Act of 1965, whichever is | ||
later, the fire protection district files with the appropriate | ||
court and with the County Clerk of each county in which the | ||
fire protection district is located, a petition alleging that | ||
such disconnection will cause the territory remaining in the | ||
district to be noncontiguous or that the loss of assessed | ||
valuation by reason of such disconnection will impair the | ||
ability of the district to render fully adequate fire | ||
protection service to the territory remaining with the | ||
district. When such a petition is filed, with the court and | ||
with the County Clerk of each county in which the fire | ||
protection district is located, the court shall set it for | ||
hearing, and further proceedings shall be held, as provided in | ||
Section 15 of this Act, except that the city, village or | ||
incorporated town that annexed the territory shall be a | ||
necessary party to the proceedings, and it shall be served | ||
with summons in the manner for a party defendant under the | ||
Civil Practice Law. At such hearing, the district has the |
burden of proving the truth of the allegations in its | ||
petition. | ||
(c) If disconnection does not occur, then the city, | ||
village or incorporated town in which part of a fire | ||
protection district's territory is located, is prohibited from | ||
levying the tax provided for by Section 11-7-1 of the | ||
" Illinois Municipal Code " in such fire protection district | ||
territory for services provided to the residents of such | ||
territory by the fire protection district. | ||
(d) If there are any general obligation bonds of the fire | ||
protection district outstanding and unpaid at the time such | ||
territory is disconnected from the fire protection district by | ||
operation of this Section, such territory shall remain liable | ||
for its proportionate share of such bonded indebtedness and | ||
the fire protection district may continue to levy and extend | ||
taxes upon the taxable property in such territory for the | ||
purpose of amortizing such bonds until such time as sufficient | ||
funds to retire such bonds have been collected. | ||
(e) On and after January 1, 2000 ( the effective date of | ||
Public Act 91-307) this amendatory Act of the 91st General | ||
Assembly , when territory is disconnected from a fire | ||
protection district under this Section, the annexing | ||
municipality shall pay, on or before December 31 of each year | ||
for a period of 5 years after the effective date of the | ||
disconnection, to the fire protection district from which the | ||
territory was disconnected, an amount as follows: |
(1) In the first year after the disconnection, an | ||
amount equal to the real estate tax collected on the | ||
property in the disconnected territory by the fire | ||
protection district in the tax year immediately preceding | ||
the year in which the disconnection took effect. | ||
(2) In the second year after the disconnection, an | ||
amount equal to 80% of the real estate tax collected on the | ||
property in the disconnected territory by the fire | ||
protection district in the tax year immediately preceding | ||
the year in which the disconnection took effect. | ||
(3) In the third year after the disconnection, an | ||
amount equal to 60% of the real estate tax collected on the | ||
property in the disconnected territory by the fire | ||
protection district in the tax year immediately preceding | ||
the year in which the disconnection took effect. | ||
(4) In the fourth year after the disconnection, an | ||
amount equal to 40% of the real estate tax collected on the | ||
property in the disconnected territory by the fire | ||
protection district in the tax year immediately preceding | ||
the year in which the disconnection took effect. | ||
(5) In the fifth year after the disconnection, an | ||
amount equal to 20% of the real estate tax collected on the | ||
property in the disconnected territory by the fire | ||
protection district in the tax year immediately preceding | ||
the year in which the disconnection took effect. | ||
This subsection (e) applies to a fire protection district |
only if the corporate authorities of the district do not file a | ||
petition against the disconnection under subsection (b). | ||
(f) A municipality that does not timely make the payment | ||
required in subsection (e) and which refuses to make such | ||
payment within 30 days following a written demand by the fire | ||
protection district entitled to the payment or which causes a | ||
fire protection district to incur an expense in order to | ||
collect the amount to which it is entitled under subsection | ||
(e) shall, in addition to the amount due under subsection (e), | ||
be responsible to reimburse the fire protection district for | ||
all costs incurred by the fire protection district in | ||
collecting the amount due, including, but not limited to, | ||
reasonable legal fees and court costs. | ||
(Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23; | ||
revised 4-5-23.) | ||
Section 255. The Illinois Waterway Ports Commission Act is | ||
amended by changing Section 15 as follows: | ||
(70 ILCS 1816/15) | ||
Sec. 15. Powers. | ||
(a) The Commission may request funding from any federal, | ||
state, municipal, or local government or any other person or | ||
organization for purposes of the Commission within the | ||
Commission's jurisdiction. The individual port districts | ||
within the Commission's jurisdiction retain authority to |
request funding from any federal, state, municipal, or local | ||
government or any other person or organization for purposes of | ||
the individual port districts within the Commission area. | ||
(b) The Commission may enter into a memorandum of | ||
understanding or intergovernmental agreement with the State, a | ||
unit of local government, or a federal governmental | ||
organization in the performance of its duties. The Commission | ||
may not exercise control over an a operation of a port district | ||
established by any other law except by voluntary agreement | ||
between the port district and the Commission. | ||
(c) The Commission may perform any other act that may be | ||
useful in performing its duties under Section 10 or powers | ||
under this Section. | ||
(Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.) | ||
Section 260. The Emergency Services Districts Act is | ||
amended by changing Section 11 as follows: | ||
(70 ILCS 2005/11) | ||
Sec. 11. Property tax; fees. | ||
(a) An emergency services district organized under this | ||
Act may levy and collect a general tax on the property situated | ||
in the district, but the aggregate amount of taxes levied for | ||
any one year shall not exceed the rate of .20% of value, as | ||
equalized or assessed by the Department of Revenue. The board | ||
of trustees shall determine and certify the amount to be |
levied and shall return the same to the county clerk. The | ||
limitation upon the tax rate may be increased or decreased | ||
under the referendum provisions of the General Revenue Law of | ||
Illinois. | ||
In case the district is located in more than one county, | ||
the board of trustees shall determine and certify the amount | ||
to be levied upon the taxable property lying in each county and | ||
return the same to the respective county clerks of the | ||
counties in which the amount is to be levied. In order to | ||
determine the amount to be levied upon the taxable property of | ||
that part of the district lying in each county, the board shall | ||
ascertain from the county clerk of the respective counties in | ||
which the district lies the last ascertained equalized value | ||
of the taxable property of the district lying in their | ||
respective counties, then shall ascertain the rate per cent | ||
required and shall, accordingly, apportion the whole amount to | ||
be raised between the several parts of the district so lying in | ||
the different counties. The tax provided for in this Section | ||
shall be levied at the same time and in the same manner as | ||
nearly as practicable as taxes are now levied for municipal | ||
purposes under the laws of this State. | ||
All general taxes under this Act, when collected, shall be | ||
paid over to the treasurer of the board of trustees, who is | ||
authorized to receive and receipt for the same. | ||
(b) An emergency services A rescue squad district | ||
organized under this Act may fix, charge, and collect fees for |
rescue squad services and ambulance services within or outside | ||
of the rescue squad district not exceeding the reasonable cost | ||
of the service. | ||
(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; | ||
revised 12-12-23.) | ||
Section 265. The Metropolitan Transit Authority Act is | ||
amended by changing Section 51 as follows: | ||
(70 ILCS 3605/51) | ||
Sec. 51. Free and reduced fare services; eligibility. | ||
(a) Notwithstanding any law to the contrary, no later than | ||
60 days following January 18, 2008 ( the effective date of | ||
Public Act 95-708) this amendatory Act of the 95th General | ||
Assembly and until subsection (b) is implemented, any fixed | ||
route public transportation services provided by, or under | ||
grant or purchase of service contracts of, the Board shall be | ||
provided without charge to all senior citizens of the | ||
Metropolitan Region (as such term is defined in Section 1.03 | ||
of the Regional Transportation Authority Act 70 ILCS | ||
3615/1.03 ) aged 65 and older, under such conditions as shall | ||
be prescribed by the Board. | ||
(b) Notwithstanding any law to the contrary, no later than | ||
180 days following February 14, 2011 ( the effective date of | ||
Public Act 96-1527) this amendatory Act of the 96th General | ||
Assembly , any fixed route public transportation services |
provided by, or under grant or purchase of service contracts | ||
of, the Board shall be provided without charge to senior | ||
citizens aged 65 and older who meet the income eligibility | ||
limitation set forth in subsection (a-5) of Section 4 of the | ||
Senior Citizens and Persons with Disabilities Property Tax | ||
Relief Act, under such conditions as shall be prescribed by | ||
the Board. The Department on Aging shall furnish all | ||
information reasonably necessary to determine eligibility, | ||
including updated lists of individuals who are eligible for | ||
services without charge under this Section. After an initial | ||
eligibility determination is made, an individual's eligibility | ||
for free services shall automatically renew every 5 years | ||
after receipt by the Authority of a copy of the individual's | ||
government-issued identification card validating Illinois | ||
residency. Nothing in this Section shall relieve the Board | ||
from providing reduced fares as may be required by federal | ||
law. | ||
(c) The Board shall partner with the City of Chicago to | ||
provide transportation at reduced fares for participants in | ||
programs that offer employment and internship opportunities to | ||
youth and young adults ages 14 through 24. | ||
(Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24; | ||
revised 12-12-23.) | ||
Section 270. The Illinois Library System Act is amended by | ||
changing Section 3 as follows: |
(75 ILCS 10/3) (from Ch. 81, par. 113) | ||
Sec. 3. The State Librarian and the Illinois State Library | ||
staff shall administer the provisions of this Act and shall | ||
prescribe such rules and regulations as are necessary to carry | ||
the provisions of this Act into effect. | ||
The rules and regulations established by the State | ||
Librarian for the administration of this Act shall be designed | ||
to achieve the following standards and objectives: | ||
(A) Provide A provide library service for every | ||
citizen in the State by extending library facilities to | ||
areas not now served. | ||
(B) Provide B provide library materials for student | ||
needs at every educational level. | ||
(C) Provide C provide adequate library materials to | ||
satisfy the reference and research needs of the people of | ||
this State. | ||
(D) Provide D provide an adequate staff of | ||
professionally trained librarians for the State. | ||
(E) Adopt E adopt the American Library Association's | ||
Library Bill of Rights that indicates materials should not | ||
be proscribed or removed because of partisan or doctrinal | ||
disapproval or, in the alternative, develop a written | ||
statement declaring the inherent authority of the library | ||
or library system to provide an adequate collection of | ||
books and other materials sufficient in size and varied in |
kind and subject matter to satisfy the library needs of | ||
the people of this State and prohibit the practice of | ||
banning specific books or resources. | ||
(F) Provide F provide adequate library outlets and | ||
facilities convenient in time and place to serve the | ||
people of this State. | ||
(G) Encourage G encourage existing and new libraries | ||
to develop library systems serving a sufficiently large | ||
population to support adequate library service at | ||
reasonable cost. | ||
(H) Foster H foster the economic and efficient | ||
utilization of public funds. | ||
(I) Promote I promote the full utilization of local | ||
pride, responsibility, initiative , and support of library | ||
service and , at the same time , employ State aid as a | ||
supplement to local support. | ||
The Advisory Committee of the Illinois State Library shall | ||
confer with, advise , and make recommendations to the State | ||
Librarian regarding any matter under this Act and particularly | ||
with reference to the formation of library systems. | ||
(Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.) | ||
Section 275. The School Code is amended by changing | ||
Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67, | ||
10-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6, | ||
21B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40, |
27-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by | ||
setting forth and renumbering multiple versions of Sections | ||
2-3.196, 10-20.85, and 34-18.82, and by setting forth, | ||
renumbering, and changing multiple versions of Section 22-95 | ||
as follows: | ||
(105 ILCS 5/2-3.25d-5) | ||
Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive | ||
schools. | ||
(a) Beginning in 2018, a school designated as | ||
"Comprehensive" shall be defined as: | ||
(1) a school that is among the lowest performing 5% of | ||
schools in this State based on the multi-measures | ||
accountability system defined in the State Plan, with | ||
respect to the performance of the "all students" group; | ||
(2) any high school with a graduation rate of less | ||
than 67%; | ||
(2.5) any school that has completed a full 4-year | ||
cycle of Targeted School Improvement but remains | ||
identified for Targeted Support for one or more of the | ||
same student groups originally identified for Targeted | ||
Support; or | ||
(3) (blank). | ||
The State Board of Education shall work with districts | ||
with one or more schools in Comprehensive School Improvement | ||
Status to perform a needs assessment to determine the |
district's core functions that are areas of strength and | ||
weakness. The results from the needs assessment shall be used | ||
by the district and school to identify goals and objectives | ||
for improvement. The needs assessment shall include , at a | ||
minimum, a review of the following areas: student performance | ||
on State assessments; student performance on local | ||
assessments; finances, including resource allocation reviews; | ||
governance, including effectiveness of school leadership; | ||
student engagement opportunities and access to those | ||
opportunities; instructional practices; standards-aligned | ||
curriculum; school climate and culture survey results; family | ||
and community engagement; reflective stakeholder engagement; | ||
continuous school improvement practices; educator and employee | ||
quality, including staff continuity and turnover rates; and | ||
alignment of professional development to continuous | ||
improvement efforts. | ||
(b) Beginning in 2018, a school designated as "Targeted" | ||
shall be defined as a school in which one or more student | ||
groups is performing at or below the level of the "all | ||
students" group of schools designated Comprehensive, as | ||
defined in paragraph (1) of subsection (a) of this Section. | ||
(c) Beginning in 2023, a school designated as "Intensive" | ||
shall be defined as a school that has completed a full 4-year | ||
cycle of Comprehensive School Improvement but does not meet | ||
the criteria to exit that status, as defined in the State Plan | ||
referenced in subsection (b) of Section 2-3.25a of this Code, |
at the end of the cycle. | ||
(d) All schools in school improvement status, including | ||
Comprehensive, Targeted, and Intensive schools, must complete | ||
a school-level needs assessment and develop and implement a | ||
continuous improvement plan. | ||
(Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.) | ||
(105 ILCS 5/2-3.25o) | ||
Sec. 2-3.25o. Registration and recognition of non-public | ||
elementary and secondary schools. | ||
(a) Findings. The General Assembly finds and declares (i) | ||
that the Constitution of the State of Illinois provides that a | ||
"fundamental goal of the People of the State is the | ||
educational development of all persons to the limits of their | ||
capacities" and (ii) that the educational development of every | ||
school student serves the public purposes of the State. In | ||
order to ensure that all Illinois students and teachers have | ||
the opportunity to enroll and work in State-approved | ||
educational institutions and programs, the State Board of | ||
Education shall provide for the voluntary registration and | ||
recognition of non-public elementary and secondary schools. | ||
(b) Registration. All non-public elementary and secondary | ||
schools in the State of Illinois may voluntarily register with | ||
the State Board of Education on an annual basis. Registration | ||
shall be completed in conformance with procedures prescribed | ||
by the State Board of Education. Information required for |
registration shall include assurances of compliance (i) with | ||
federal and State laws regarding health examination and | ||
immunization, attendance, length of term, and | ||
nondiscrimination, including assurances that the school will | ||
not prohibit hairstyles historically associated with race, | ||
ethnicity, or hair texture, including, but not limited to, | ||
protective hairstyles such as braids, locks, and twists, and | ||
(ii) with applicable fire and health safety requirements. | ||
(c) Recognition. All non-public elementary and secondary | ||
schools in the State of Illinois may voluntarily seek the | ||
status of "Non-public School Recognition" from the State Board | ||
of Education. This status may be obtained by compliance with | ||
administrative guidelines and review procedures as prescribed | ||
by the State Board of Education. The guidelines and procedures | ||
must recognize that some of the aims and the financial bases of | ||
non-public schools are different from public schools and will | ||
not be identical to those for public schools, nor will they be | ||
more burdensome. The guidelines and procedures must also | ||
recognize the diversity of non-public schools and shall not | ||
impinge upon the noneducational relationships between those | ||
schools and their clientele. | ||
(c-5) Prohibition against recognition. A non-public | ||
elementary or secondary school may not obtain "Non-public | ||
School Recognition" status unless the school requires all | ||
certified and non-certified applicants for employment with the | ||
school, after July 1, 2007, to authorize a fingerprint-based |
criminal history records check as a condition of employment to | ||
determine if such applicants have been convicted of any of the | ||
enumerated criminal or drug offenses set forth in Section | ||
21B-80 of this Code or have been convicted, within 7 years of | ||
the application for employment, of any other felony under the | ||
laws of this State or of any offense committed or attempted in | ||
any other state or against the laws of the United States that, | ||
if committed or attempted in this State, would have been | ||
punishable as a felony under the laws of this State. | ||
Authorization for the check shall be furnished by the | ||
applicant to the school, except that if the applicant is a | ||
substitute teacher seeking employment in more than one | ||
non-public school, a teacher seeking concurrent part-time | ||
employment positions with more than one non-public school (as | ||
a reading specialist, special education teacher, or | ||
otherwise), or an educational support personnel employee | ||
seeking employment positions with more than one non-public | ||
school, then only one of the non-public schools employing the | ||
individual shall request the authorization. Upon receipt of | ||
this authorization, the non-public school shall submit the | ||
applicant's name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Illinois State Police, to the Illinois State | ||
Police. | ||
The Illinois State Police and Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based |
criminal history records check, records of convictions, | ||
forever and hereafter, until expunged, to the president or | ||
principal of the non-public school that requested the check. | ||
The Illinois State Police shall charge that school a fee for | ||
conducting such check, which fee must be deposited into the | ||
State Police Services Fund and must not exceed the cost of the | ||
inquiry. Subject to appropriations for these purposes, the | ||
State Superintendent of Education shall reimburse non-public | ||
schools for fees paid to obtain criminal history records | ||
checks under this Section. | ||
A non-public school may not obtain recognition status | ||
unless the school also performs a check of the Statewide Sex | ||
Offender Database, as authorized by the Sex Offender Community | ||
Notification Law, and the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Registration Act, for each | ||
applicant for employment, after July 1, 2007, to determine | ||
whether the applicant has been adjudicated of a sex offense or | ||
of a murder or other violent crime against youth. The checks of | ||
the Statewide Sex Offender Database and the Statewide | ||
Stateside Murderer and Violent Offender Against Youth Database | ||
must be conducted by the non-public school once for every 5 | ||
years that an applicant remains employed by the non-public | ||
school. . | ||
Any information concerning the record of convictions | ||
obtained by a non-public school's president or principal under |
this Section is confidential and may be disseminated only to | ||
the governing body of the non-public school or any other | ||
person necessary to the decision of hiring the applicant for | ||
employment. A copy of the record of convictions obtained from | ||
the Illinois State Police shall be provided to the applicant | ||
for employment. Upon a check of the Statewide Sex Offender | ||
Database, the non-public school shall notify the applicant as | ||
to whether or not the applicant has been identified in the Sex | ||
Offender Database as a sex offender. Any information | ||
concerning the records of conviction obtained by the | ||
non-public school's president or principal under this Section | ||
for a substitute teacher seeking employment in more than one | ||
non-public school, a teacher seeking concurrent part-time | ||
employment positions with more than one non-public school (as | ||
a reading specialist, special education teacher, or | ||
otherwise), or an educational support personnel employee | ||
seeking employment positions with more than one non-public | ||
school may be shared with another non-public school's | ||
principal or president to which the applicant seeks | ||
employment. Any unauthorized release of confidential | ||
information may be a violation of Section 7 of the Criminal | ||
Identification Act. | ||
No non-public school may obtain recognition status that | ||
knowingly employs a person, hired after July 1, 2007, for whom | ||
an Illinois State Police and Federal Bureau of Investigation | ||
fingerprint-based criminal history records check and a |
Statewide Sex Offender Database check has not been initiated | ||
or who has been convicted of any offense enumerated in Section | ||
21B-80 of this Code or any offense committed or attempted in | ||
any other state or against the laws of the United States that, | ||
if committed or attempted in this State, would have been | ||
punishable as one or more of those offenses. No non-public | ||
school may obtain recognition status under this Section that | ||
knowingly employs a person who has been found to be the | ||
perpetrator of sexual or physical abuse of a minor under 18 | ||
years of age pursuant to proceedings under Article II of the | ||
Juvenile Court Act of 1987. | ||
In order to obtain recognition status under this Section, | ||
a non-public school must require compliance with the | ||
provisions of this subsection (c-5) from all employees of | ||
persons or firms holding contracts with the school, including, | ||
but not limited to, food service workers, school bus drivers, | ||
and other transportation employees, who have direct, daily | ||
contact with pupils. Any information concerning the records of | ||
conviction or identification as a sex offender of any such | ||
employee obtained by the non-public school principal or | ||
president must be promptly reported to the school's governing | ||
body. | ||
Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in any non-public elementary | ||
or secondary school that has obtained or seeks to obtain |
recognition status under this Section, a student teacher is | ||
required to authorize a fingerprint-based criminal history | ||
records check. Authorization for and payment of the costs of | ||
the check must be furnished by the student teacher to the chief | ||
administrative officer of the non-public school where the | ||
student teaching is to be completed. Upon receipt of this | ||
authorization and payment, the chief administrative officer of | ||
the non-public school shall submit the student teacher's name, | ||
sex, race, date of birth, social security number, fingerprint | ||
images, and other identifiers, as prescribed by the Illinois | ||
State Police, to the Illinois State Police. The Illinois State | ||
Police and the Federal Bureau of Investigation shall furnish, | ||
pursuant to a fingerprint-based criminal history records | ||
check, records of convictions, forever and hereinafter, until | ||
expunged, to the chief administrative officer of the | ||
non-public school that requested the check. The Illinois State | ||
Police shall charge the school a fee for conducting the check, | ||
which fee must be passed on to the student teacher, must not | ||
exceed the cost of the inquiry, and must be deposited into the | ||
State Police Services Fund. The school shall further perform a | ||
check of the Statewide Sex Offender Database, as authorized by | ||
the Sex Offender Community Notification Law, and of the | ||
Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender | ||
Against Youth Registration Act, for each student teacher. No | ||
school that has obtained or seeks to obtain recognition status |
under this Section may knowingly allow a person to student | ||
teach for whom a criminal history records check, a Statewide | ||
Sex Offender Database check, and a Statewide Murderer and | ||
Violent Offender Against Youth Database check have not been | ||
completed and reviewed by the chief administrative officer of | ||
the non-public school. | ||
A copy of the record of convictions obtained from the | ||
Illinois State Police must be provided to the student teacher. | ||
Any information concerning the record of convictions obtained | ||
by the chief administrative officer of the non-public school | ||
is confidential and may be transmitted only to the chief | ||
administrative officer of the non-public school or his or her | ||
designee, the State Superintendent of Education, the State | ||
Educator Preparation and Licensure Board, or, for | ||
clarification purposes, the Illinois State Police or the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. | ||
No school that has obtained or seeks to obtain recognition | ||
status under this Section may knowingly allow a person to | ||
student teach who has been convicted of any offense that would | ||
subject him or her to license suspension or revocation | ||
pursuant to Section 21B-80 of this Code or who has been found | ||
to be the perpetrator of sexual or physical abuse of a minor | ||
under 18 years of age pursuant to proceedings under Article II |
of the Juvenile Court Act of 1987. | ||
Any school that has obtained or seeks to obtain | ||
recognition status under this Section may not prohibit | ||
hairstyles historically associated with race, ethnicity, or | ||
hair texture, including, but not limited to, protective | ||
hairstyles such as braids, locks, and twists. | ||
(d) Public purposes. The provisions of this Section are in | ||
the public interest, for the public benefit, and serve secular | ||
public purposes. | ||
(e) Definition. For purposes of this Section, a non-public | ||
school means any non-profit, non-home-based, and non-public | ||
elementary or secondary school that is in compliance with | ||
Title VI of the Civil Rights Act of 1964 and attendance at | ||
which satisfies the requirements of Section 26-1 of this Code. | ||
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised | ||
9-20-23.) | ||
(105 ILCS 5/2-3.163) | ||
Sec. 2-3.163. PUNS database information for students and | ||
parents or guardians. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) Pursuant to Section 10-26 of the Department of | ||
Human Services Act, the Department of Human Services | ||
maintains a statewide database known as the PUNS database |
that records information about individuals with | ||
intellectual disabilities or developmental disabilities | ||
who are potentially in need of services. | ||
(2) The Department of Human Services uses the data on | ||
PUNS to select individuals for services as funding becomes | ||
available, to develop proposals and materials for | ||
budgeting, and to plan for future needs. | ||
(3) The PUNS database is available for adults with | ||
intellectual disabilities or developmental disabilities | ||
who have unmet service needs anticipated in the next 5 | ||
years. The PUNS database is also available for children | ||
with intellectual disabilities or developmental | ||
disabilities with unmet service needs. | ||
(4) Registration to be included on the PUNS database | ||
is the first step toward receiving developmental | ||
disabilities services in this State. A child or an adult | ||
who is not on the PUNS database will not be in queue for | ||
State developmental disabilities services. | ||
(5) Lack of awareness and information about the PUNS | ||
database results in underutilization or delays in | ||
registration for the PUNS database by students with | ||
intellectual disabilities or developmental disabilities | ||
and their parents or guardians. | ||
(a-5) The purpose of this Section is to ensure that each | ||
student with an intellectual disability or a developmental | ||
disability who has an individualized education program ("IEP") |
and the student's parents or guardian are informed about the | ||
PUNS database, where to register for the PUNS database, and | ||
whom they can contact for information about the PUNS database | ||
and the PUNS database registration process. This Section is | ||
not intended to change the PUNS database registration process | ||
established by the Department of Human Services or to impose | ||
any responsibility on the State Board of Education or a school | ||
district to register students for the PUNS database. | ||
(a-10) As used in this Section, "PUNS" means the | ||
Prioritization of Urgency of Need for Services database or | ||
PUNS database developed and maintained by the Department of | ||
Human Services pursuant to Section 10-26 of the Department of | ||
Human Services Act. | ||
(b) The State Board of Education may work in consultation | ||
with the Department of Human Services and with school | ||
districts to ensure that all students with intellectual | ||
disabilities or developmental disabilities and their parents | ||
or guardians are informed about the PUNS database, as | ||
described in subsections (c), (c-5), and (d) of this Section. | ||
(c) The Department of Human Services, in consultation with | ||
the State Board of Education, shall develop and implement an | ||
online, computer-based training program for at least one | ||
designated employee in every public school in this State to | ||
educate the designated employee or employees about the PUNS | ||
database and steps required to register students for the PUNS | ||
database, including the documentation and information parents |
or guardians will need for the registration process. The | ||
training shall include instruction on identifying and | ||
contacting the appropriate developmental disabilities | ||
Independent Service Coordination agency ("ISC") to register | ||
students for the PUNS database. The training of the designated | ||
employee or employees shall also include information about | ||
organizations and programs available in this State that offer | ||
assistance to families in understanding the PUNS database and | ||
navigating the PUNS database registration process. Each school | ||
district shall post on its public website and include in its | ||
student handbook the names of the designated trained employee | ||
or employees in each school within the school district. | ||
(c-5) During the student's annual IEP review meeting, if | ||
the student has an intellectual disability or a developmental | ||
disability, the student's IEP team shall determine the | ||
student's PUNS database registration status based upon | ||
information provided by the student's parents or guardian or | ||
by the student. If it is determined that the student is not | ||
registered for the PUNS database or if it is unclear whether | ||
the student is registered for the PUNS database, the parents | ||
or guardian and the student shall be referred to a designated | ||
employee of the public school who has completed the training | ||
described in subsection (c). The designated trained employee | ||
shall provide the student's parents or guardian and the | ||
student with the name, location, and contact information of | ||
the appropriate ISC to contact in order to register the |
student for the PUNS database. The designated trained employee | ||
shall also identify for the parents or guardian and the | ||
student the information and documentation they will need to | ||
complete the PUNS database registration process with the ISC, | ||
and shall also provide information to the parents or guardian | ||
and the student about organizations and programs available in | ||
this State that offer information to families about the PUNS | ||
database and the PUNS database registration process. | ||
(d) The State Board of Education, in consultation with the | ||
Department of Human Services, through school districts, shall | ||
provide to the parents and guardians of each student with an | ||
IEP a copy of the latest version of the Department of Human | ||
Services's guide titled "Understanding PUNS: A Guide to | ||
Prioritization for Urgency of Need for Services" each year at | ||
the annual review meeting for the student's individualized | ||
education program. | ||
(e) (Blank). | ||
(f) Subject to appropriation, the Department of Human | ||
Services shall expand its selection of individuals from the | ||
PUNS Prioritization of Urgency of Need for Services database | ||
to include individuals who receive services through the | ||
Children and Young Adults with Developmental Disabilities - | ||
Support Waiver. | ||
(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24; | ||
103-546, eff. 8-11-23; revised 9-28-23.) |
(105 ILCS 5/2-3.196) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
(Section scheduled to be repealed on July 1, 2029) | ||
Sec. 2-3.196. Discrimination, harassment, and retaliation | ||
reporting. | ||
(a) The requirements of this Section are subject to | ||
appropriation. | ||
(b) The State Board of Education shall build data | ||
collection systems to allow the collection of data on reported | ||
allegations of the conduct described in paragraph (1). | ||
Beginning on August 1 of the year after the systems are | ||
implemented and for each reporting school year beginning on | ||
August 1 and ending on July 31 thereafter, each school | ||
district, charter school, and nonpublic, nonsectarian | ||
elementary or secondary school shall disclose to the State | ||
Board of Education all of the following information: | ||
(1) The total number of reported allegations of | ||
discrimination, harassment, or retaliation against | ||
students received by each school district, charter school, | ||
or nonpublic, nonsectarian elementary or secondary school | ||
during the reporting school year, defined as August 1 to | ||
July 31, in each of the following categories: | ||
(A) sexual harassment; | ||
(B) discrimination or harassment on the basis of | ||
race, color, or national origin; |
(C) discrimination or harassment on the basis of | ||
sex; | ||
(D) discrimination or harassment on the basis of | ||
religion; | ||
(E) discrimination or harassment on the basis of | ||
disability; and | ||
(F) retaliation. | ||
(2) The status of allegations, as of the last day of | ||
the reporting period, in each category under paragraph | ||
(1). | ||
Allegations shall be reported as unfounded, founded, | ||
or investigation pending by the school district, charter | ||
school, or nonpublic, nonsectarian elementary or secondary | ||
school. | ||
(c) A school district, charter school, or nonpublic, | ||
nonsectarian elementary or secondary school may not include in | ||
any disclosures required under this Section any information by | ||
which an individual may be personally identified, including | ||
the name of the victim or victims or those accused of an act of | ||
alleged discrimination, harassment, or retaliation. | ||
(d) If a school district, charter school, or nonpublic, | ||
nonsectarian elementary or secondary school fails to disclose | ||
the information required in subsection (b) of this Section by | ||
July 31 of the reporting school year, the State Board of | ||
Education shall provide a written request for disclosure to | ||
the school district, charter school, or nonpublic, |
nonsectarian elementary or secondary school, thereby providing | ||
the period of time in which the required information must be | ||
disclosed. If a school district, charter school, or nonpublic, | ||
nonsectarian elementary or secondary school fails to disclose | ||
the information within 14 days after receipt of that written | ||
request, the State Board of Education may petition the | ||
Department of Human Rights to initiate a charge of a civil | ||
rights violation pursuant to Section 5A-102 of the Illinois | ||
Human Rights Act. | ||
(e) The State Board of Education shall publish an annual | ||
report aggregating the information reported by school | ||
districts, charter schools, and nonpublic, nonsectarian | ||
elementary or secondary schools under subsection (b) of this | ||
Section. Data included in the report shall not be publicly | ||
attributed to any individual school district, charter school, | ||
or nonpublic, nonsectarian elementary or secondary school. The | ||
report shall include the number of incidents reported between | ||
August 1 and July 31 of the preceding reporting school year, | ||
based on each of the categories identified under paragraph (1) | ||
of this subsection (b). | ||
The annual report shall be filed with the Department of | ||
Human Rights and the General Assembly and made available to | ||
the public by July 1 of the year following the reporting school | ||
year. Data submitted by a school district, charter school, or | ||
nonpublic, nonsectarian elementary or secondary school to | ||
comply with this Section is confidential and exempt from the |
Freedom of Information Act. | ||
(f) The State Board of Education may adopt any rules | ||
deemed necessary for implementation of this Section. | ||
(g) This Section is repealed on July 1, 2029. | ||
(Source: P.A. 103-472, eff. 8-1-24.) | ||
(105 ILCS 5/2-3.198) | ||
Sec. 2-3.198 2-3.196 . Teacher Vacancy Grant Pilot Program. | ||
(a) Subject to appropriation, beginning in Fiscal Year | ||
2024, the State Board of Education shall administer a 3-year | ||
Teacher Vacancy Grant Pilot Program for the allocation of | ||
formula grant funds to school districts to support the | ||
reduction of unfilled teaching positions throughout the State. | ||
The State Board shall identify which districts are eligible to | ||
apply for a 3-year grant under this Section by reviewing the | ||
State Board's Fiscal Year 2023 annual unfilled teaching | ||
positions report to determine which districts designated as | ||
Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the | ||
greatest need for funds. Based on the National Center for | ||
Education Statistics locale classifications, 60% of eligible | ||
districts shall be rural districts and 40% of eligible | ||
districts shall be urban districts. Continued funding for the | ||
grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to | ||
appropriation. The State Board shall post, on its website, | ||
information about the grant program and the list of identified | ||
districts that are eligible to apply for a grant under this |
subsection. | ||
(b) A school district that is determined to be eligible | ||
for a grant under subsection (a) and that chooses to | ||
participate in the program must submit an application to the | ||
State Board that describes the relevant context for the need | ||
for teacher vacancy support, suspected causes of teacher | ||
vacancies in the district, and the district's plan in | ||
utilizing grant funds to reduce unfilled teaching positions | ||
throughout the district. If an eligible school district | ||
chooses not to participate in the program, the State Board | ||
shall identify a potential replacement district by using the | ||
same methodology described in subsection (a). | ||
(c) Grant funds awarded under this Section may be used for | ||
financial incentives to support the recruitment and hiring of | ||
teachers, programs and incentives to strengthen teacher | ||
pipelines, or investments to sustain teachers and reduce | ||
attrition among teachers. Grant funds shall be used only for | ||
the purposes outlined in the district's application to the | ||
State Board to reduce unfilled teaching positions. Grant funds | ||
shall not be used for any purposes not approved by the State | ||
Board. | ||
(d) A school district that receives grant funds under this | ||
Section shall submit an annual report to the State Board that | ||
includes, but is not limited to, a summary of all grant-funded | ||
activities implemented to reduce unfilled teaching positions, | ||
progress towards reducing unfilled teaching positions, the |
number of unfilled teaching positions in the district in the | ||
preceding fiscal year, the number of new teachers hired during | ||
the program, the teacher attrition rate, the number of | ||
individuals participating in any programs designed to reduce | ||
attrition, the number of teachers retained using support of | ||
the grant funds, participation in any strategic pathway | ||
programs created under the program, and the number of and | ||
participation in any new pathways into teaching positions | ||
created under the program. | ||
(e) No later than March 1, 2027, the State Board shall | ||
submit a report to the Governor and the General Assembly on the | ||
efficacy of the pilot program that includes a summary of the | ||
information received under subsection (d) and an overview of | ||
its activities to support grantees. | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.) | ||
(105 ILCS 5/2-3.199) | ||
Sec. 2-3.199 2-3.196 . Computer Science Equity Grant | ||
Program. | ||
(a) Subject to appropriation, the State Board shall | ||
establish a competitive grant program to support the | ||
development or enhancement of computer science programs in the | ||
K-12 schools. Eligible entities are regional offices of | ||
education, intermediate service centers, State higher | ||
education institutions, schools designated as laboratory | ||
schools, and school districts. Approved entities shall be |
responsible for ensuring that appropriate facilities are | ||
available and educators are appropriately trained on the use | ||
of any technologies or devices acquired for the purposes of | ||
the grant. | ||
(b) Computer Science Equity Grant Program funds shall be | ||
used in the following manner consistent with application | ||
requirements established by the State Board of Education as | ||
provided in this Article: | ||
(1) to expand learning opportunities in grades K-12 to | ||
ensure that all students have access to computer science | ||
coursework that is aligned to rigorous State standards and | ||
emerging labor market needs; | ||
(2) to train and retrain teachers of grades K-12 to be | ||
more proficient in the teaching of computer science by | ||
providing professional development opportunities; | ||
(3) to supply classrooms with materials and equipment | ||
related to the teaching and learning of computer science; | ||
and | ||
(4) to more effectively recruit and better serve K-12 | ||
learners who are underrepresented in the computer science | ||
labor market for enrollment in computer science | ||
coursework. | ||
(c) Computer Science Equity Grant Program funds shall be | ||
made available to each eligible entity upon completion of an | ||
application process that is consistent with rules established | ||
by the State Board of Education. The application shall include |
the planned use of the funds; identification of need for the | ||
funds that is supported by local, regional, and state data; a | ||
plan for long-term sustainability; and a long-term plan for | ||
continuous improvement. | ||
(d) The State Board of Education shall adopt rules as may | ||
be necessary to implement the provision of this Article, | ||
including, but not limited to, the identification of | ||
additional prioritization areas for each competitive grant | ||
application cycle that are within the scope of the authorized | ||
uses. Priority consideration for all applications will be | ||
given for proposals that intend to serve a majority of | ||
learners or teachers with gender or racial/ethnic identities | ||
that are underrepresented in the computer science labor | ||
market. | ||
(e) Up to 2 renewals of the grant will be allowed, | ||
providing the entity awarded satisfactorily completes | ||
programmatic reporting and meets program objectives | ||
commensurate with application requirements set forth by the | ||
State Board of Education. | ||
(f) Grants under the Computer Science Equity Grant Program | ||
and funding levels for satisfactory applications may be | ||
prorated according to the amount appropriated. | ||
(Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.) | ||
(105 ILCS 5/2-3.200) | ||
Sec. 2-3.200 2-3.196 . State Board of Education literacy |
assistance. | ||
(a) The State Board of Education shall adopt and make | ||
available all of the following to each publicly funded school | ||
district by July 1, 2024: | ||
(1) A rubric by which districts may evaluate curricula | ||
and select and implement evidence-based, culturally | ||
inclusive core reading instruction programs aligned with | ||
the comprehensive literacy plan for the State described in | ||
subsection (c). | ||
(2) A template to support districts when developing | ||
comprehensive, district-wide literacy plans that include | ||
support for special student populations, including, at a | ||
minimum, students with disabilities, multilingual | ||
students, and bidialectal students. | ||
(3) Guidance on evidence-based practices for effective | ||
structures for training and deploying literacy coaches to | ||
support teachers and close opportunity gaps among student | ||
demographic groups. | ||
(b) On or before January 1, 2025, the State Board of | ||
Education shall develop and make available training | ||
opportunities for educators in teaching reading that are | ||
aligned with the comprehensive literacy plan described in | ||
subsection (c) and consistent with State learning standards. | ||
This support may include: | ||
(1) the development of a microcredential or a series | ||
of microcredentials in literacy instruction aligned with |
the comprehensive literacy plan described in subsection | ||
(c) to be affixed to educator licenses upon successful | ||
demonstration of the skill or completion of the required | ||
coursework or assessment, or both, or online training | ||
modules on literacy instruction, aligned with the | ||
comprehensive literacy plan described in subsection (c) | ||
and consistent with State learning standards, accepted for | ||
continuing professional development units; and | ||
(2) the creation and dissemination of a tool that | ||
school districts, educators, and the public may use to | ||
evaluate professional development and training programs | ||
related to literacy instruction. | ||
(c) In consultation with education stakeholders, the State | ||
Board of Education shall develop and adopt a comprehensive | ||
literacy plan for the State on or before January 31, 2024. The | ||
comprehensive literacy plan shall consider, without | ||
limitation, evidence-based research and culturally and | ||
linguistically sustaining pedagogical approaches to meet the | ||
needs of all students and shall, at a minimum, do all of the | ||
following: | ||
(1) Consider core instructional literacy practices and | ||
practices related to the unique needs of and support for | ||
specific student populations, including, at a minimum, | ||
students with disabilities, multilingual students, and | ||
bidialectal students, and the resources and support, | ||
including professional learning for teachers, needed to |
effectively implement the literacy instruction. | ||
(2) Provide guidance related to screening tools, the | ||
administration of such screening tools, and the | ||
interpretation of the resulting data to identify students | ||
at risk of reading difficulties in grades kindergarten | ||
through 2. This guidance shall outline instances in which | ||
dyslexia screenings and other universal screeners are | ||
appropriate for use with English learners. | ||
(3) Provide guidance related to early literacy | ||
intervention for students in grades kindergarten through 2 | ||
for schools to implement with students at risk of reading | ||
difficulties, as well as literacy intervention for | ||
students in grades 3 through 12 demonstrating reading | ||
difficulties. | ||
(4) Consider the impact of second language acquisition | ||
and bilingual education on reading instruction in the | ||
student's native language and English. | ||
(5) Define key terminology, such as "evidence-based". | ||
(6) Contextualize the interaction between elements of | ||
the plan and existing laws and regulations that have | ||
overlapping components, such as a multi-tiered system of | ||
support. | ||
(7) Focus on a comprehensive range of elements of | ||
literacy, including phonological awareness; decoding | ||
(phonics); encoding (spelling); vocabulary development, | ||
including morphology, oracy, and reading fluency; and |
reading comprehension, including syntax and background and | ||
content knowledge. | ||
(Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.) | ||
(105 ILCS 5/2-3.201) | ||
Sec. 2-3.201 2-3.196 . Children's Adversity Index. The | ||
Illinois State Board of Education shall develop a community or | ||
district-level Children's Adversity Index ("index") to measure | ||
community childhood trauma exposure across the population of | ||
children 3 through 18 years of age by May 31, 2025. This | ||
cross-agency effort shall be led by the State Board of | ||
Education and must include agencies that both collect the data | ||
and will have an ultimate use for the index information, | ||
including, but not limited to, the Governor's Office of Early | ||
Childhood Development, the Department of Human Services, the | ||
Department of Public Health, the Department of Innovation and | ||
Technology, the Illinois Criminal Justice Information | ||
Authority, the Department of Children and Family Services, and | ||
the Department of Juvenile Justice. The State Board of | ||
Education may also involve non-agency personnel with relevant | ||
expertise. The index shall be informed by research and include | ||
both adverse incident data, such as the number or rates of | ||
students and families experiencing homelessness and the number | ||
or percentages of children who have had contact with the child | ||
welfare system, and indicators of aspects of a child's | ||
environment that can undermine the child's sense of safety, |
stability, and bonding, including growing up in a household | ||
with caregivers struggling with substance disorders or | ||
instability due to parent or guardian separation or | ||
incarceration of a parent or guardian, sibling, or other | ||
member of the household, or exposure to community violence. | ||
The index shall provide information that allows for measuring | ||
progress, comparing school districts to the State average, and | ||
that enables the index to be updated at least every 2 years. | ||
The data shall be made publicly available. The initial | ||
development of the index should leverage available data. | ||
Personally identifiable information of any individual shall | ||
not be revealed within this index. | ||
(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.) | ||
(105 ILCS 5/2-3.202) | ||
Sec. 2-3.202 2-3.196 . Clothing resource materials. By no | ||
later than July 1, 2024, the State Board of Education shall | ||
make available to schools resource materials developed in | ||
consultation with stakeholders regarding a student wearing or | ||
accessorizing the student's graduation attire with general | ||
items that may be used by the student to associate with, | ||
identify, or declare the student's cultural, ethnic, or | ||
religious identity or any other protected characteristic or | ||
category identified in subsection (Q) of Section 1-103 of the | ||
Illinois Human Rights Act. The State Board of Education shall | ||
make the resource materials available on its Internet website. |
(Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.) | ||
(105 ILCS 5/2-3.203) | ||
Sec. 2-3.203 2-3.196 . Mental health screenings. On or | ||
before December 15, 2023, the State Board of Education, in | ||
consultation with the Children's Behavioral Health | ||
Transformation Officer, Children's Behavioral Health | ||
Transformation Team, and the Office of the Governor, shall | ||
file a report with the Governor and the General Assembly that | ||
includes recommendations for implementation of mental health | ||
screenings in schools for students enrolled in kindergarten | ||
through grade 12. This report must include a landscape scan of | ||
current district-wide screenings, recommendations for | ||
screening tools, training for staff, and linkage and referral | ||
for identified students. | ||
(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.) | ||
(105 ILCS 5/3-11) | ||
(Text of Section before amendment by P.A. 103-542 ) | ||
Sec. 3-11. Institutes or inservice training workshops. | ||
(a) In counties of less than 2,000,000 inhabitants, the | ||
regional superintendent may arrange for or conduct district, | ||
regional, or county institutes, or equivalent professional | ||
educational experiences, not more than 4 days annually. Of | ||
those 4 days, 2 days may be used as a teacher's and educational | ||
support personnel workshop, when approved by the regional |
superintendent, up to 2 days may be used for conducting | ||
parent-teacher conferences, or up to 2 days may be utilized as | ||
parental institute days as provided in Section 10-22.18d. | ||
Educational support personnel may be exempt from a workshop if | ||
the workshop is not relevant to the work they do. A school | ||
district may use one of its 4 institute days on the last day of | ||
the school term. "Institute" or "Professional educational | ||
experiences" means any educational gathering, demonstration of | ||
methods of instruction, visitation of schools or other | ||
institutions or facilities, sexual abuse and sexual assault | ||
awareness seminar, or training in First Aid (which may include | ||
cardiopulmonary resuscitation or defibrillator training) held | ||
or approved by the regional superintendent and declared by the | ||
regional superintendent him to be an institute day, or | ||
parent-teacher conferences. With the concurrence of the State | ||
Superintendent of Education, he or she may employ such | ||
assistance as is necessary to conduct the institute. Two or | ||
more adjoining counties may jointly hold an institute. | ||
Institute instruction shall be free to holders of licenses | ||
good in the county or counties holding the institute and to | ||
those who have paid an examination fee and failed to receive a | ||
license. | ||
In counties of 2,000,000 or more inhabitants, the regional | ||
superintendent may arrange for or conduct district, regional, | ||
or county inservice training workshops, or equivalent | ||
professional educational experiences, not more than 4 days |
annually. Of those 4 days, 2 days may be used as a teacher's | ||
and educational support personnel workshop, when approved by | ||
the regional superintendent, up to 2 days may be used for | ||
conducting parent-teacher conferences, or up to 2 days may be | ||
utilized as parental institute days as provided in Section | ||
10-22.18d. Educational support personnel may be exempt from a | ||
workshop if the workshop is not relevant to the work they do. A | ||
school district may use one of those 4 days on the last day of | ||
the school term. "Inservice Training Workshops" or | ||
"Professional educational experiences" means any educational | ||
gathering, demonstration of methods of instruction, visitation | ||
of schools or other institutions or facilities, sexual abuse | ||
and sexual assault awareness seminar, or training in First Aid | ||
(which may include cardiopulmonary resuscitation or | ||
defibrillator training) held or approved by the regional | ||
superintendent and declared by him to be an inservice training | ||
workshop, or parent-teacher conferences. With the concurrence | ||
of the State Superintendent of Education, he may employ such | ||
assistance as is necessary to conduct the inservice training | ||
workshop. With the approval of the regional superintendent, 2 | ||
or more adjoining districts may jointly hold an inservice | ||
training workshop. In addition, with the approval of the | ||
regional superintendent, one district may conduct its own | ||
inservice training workshop with subject matter consultants | ||
requested from the county, State or any State institution of | ||
higher learning. |
Such teachers institutes as referred to in this Section | ||
may be held on consecutive or separate days at the option of | ||
the regional superintendent having jurisdiction thereof. | ||
Whenever reference is made in this Act to "teachers | ||
institute", it shall be construed to include the inservice | ||
training workshops or equivalent professional educational | ||
experiences provided for in this Section. | ||
Any institute advisory committee existing on April 1, | ||
1995, is dissolved and the duties and responsibilities of the | ||
institute advisory committee are assumed by the regional | ||
office of education advisory board. | ||
Districts providing inservice training programs shall | ||
constitute inservice committees, 1/2 of which shall be | ||
teachers, 1/4 school service personnel and 1/4 administrators | ||
to establish program content and schedules. | ||
The teachers institutes shall include teacher training | ||
committed to (i) peer counseling programs and other | ||
anti-violence and conflict resolution programs, including | ||
without limitation programs for preventing at risk students | ||
from committing violent acts, and (ii) educator ethics and | ||
teacher-student conduct. Beginning with the 2009-2010 school | ||
year, the teachers institutes shall include instruction on | ||
prevalent student chronic health conditions. Beginning with | ||
the 2016-2017 school year, the teachers institutes shall | ||
include, at least once every 2 years, instruction on the | ||
federal Americans with Disabilities Act as it pertains to the |
school environment. | ||
(b) In this subsection (b): | ||
"Trauma" is defined according to an event, an experience, | ||
and effects. Individual trauma results from an event, series | ||
of events, or set of circumstances that is experienced by an | ||
individual as physically or emotionally harmful or life | ||
threatening and that has lasting adverse effects on the | ||
individual's functioning and mental, physical, social, or | ||
emotional well-being. Collective trauma is a psychological | ||
reaction to a traumatic event shared by any group of people. | ||
This may include, but is not limited to, community violence, | ||
experiencing racism and discrimination, and the lack of the | ||
essential supports for well-being, such as educational or | ||
economic opportunities, food, health care, housing, and | ||
community cohesion. Trauma can be experienced by anyone, | ||
though it is disproportionately experienced by members of | ||
marginalized groups. Systemic and historical oppression, such | ||
as racism, is often at the root of this inequity. Symptoms may | ||
vary at different developmental stages and across different | ||
cultural groups and different communities. | ||
"Trauma-responsive learning environments" means learning | ||
environments developed during an ongoing, multiyear-long | ||
process that typically progresses across the following 3 | ||
stages: | ||
(1) A school or district is "trauma aware" when it: | ||
(A) has personnel that demonstrate a foundational |
understanding of a broad definition of trauma that is | ||
developmentally and culturally based; includes | ||
students, personnel, and communities; and recognizes | ||
the potential effect on biological, cognitive, | ||
academic, and social-emotional functioning; and | ||
(B) recognizes that traumatic exposure can impact | ||
behavior and learning and should be acknowledged in | ||
policies, strategies, and systems of support for | ||
students, families, and personnel. | ||
(2) A school or district is "trauma responsive" when | ||
it progresses from awareness to action in the areas of | ||
policy, practice, and structural changes within a | ||
multi-tiered system of support to promote safety, positive | ||
relationships, and self-regulation while underscoring the | ||
importance of personal well-being and cultural | ||
responsiveness. Such progress may: | ||
(A) be aligned with the Illinois Quality Framework | ||
and integrated into a school or district's continuous | ||
improvement process as evidence to support allocation | ||
of financial resources; | ||
(B) be assessed and monitored by a | ||
multidisciplinary leadership team on an ongoing basis; | ||
and | ||
(C) involve the engagement and capacity building | ||
of personnel at all levels to ensure that adults in the | ||
learning environment are prepared to recognize and |
respond to those impacted by trauma. | ||
(3) A school or district is healing centered when it | ||
acknowledges its role and responsibility to the community, | ||
fully responds to trauma, and promotes resilience and | ||
healing through genuine, trusting, and creative | ||
relationships. Such school schools or district districts | ||
may: | ||
(A) promote holistic and collaborative approaches | ||
that are grounded in culture, spirituality, civic | ||
engagement, and equity; and | ||
(B) support agency within individuals, families, | ||
and communities while engaging people in collective | ||
action that moves from transactional to | ||
transformational. | ||
"Whole child" means using a child-centered, holistic, | ||
equitable lens across all systems that prioritizes physical, | ||
mental, and social-emotional health to ensure that every child | ||
is healthy, safe, supported, challenged, engaged, and | ||
protected. | ||
Starting with the 2024-2025 school year, the teachers | ||
institutes shall provide instruction on trauma-informed | ||
practices and include the definitions of trauma, | ||
trauma-responsive learning environments, and whole child set | ||
forth in this subsection (b) before the first student | ||
attendance day of each school year. | ||
(Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.) |
(Text of Section after amendment by P.A. 103-542 ) | ||
Sec. 3-11. Institutes or inservice training workshops. | ||
(a) In counties of less than 2,000,000 inhabitants, the | ||
regional superintendent may arrange for or conduct district, | ||
regional, or county institutes, or equivalent professional | ||
educational experiences, not more than 4 days annually. Of | ||
those 4 days, 2 days may be used as a teachers, administrators, | ||
and school support personnel workshop, when approved by the | ||
regional superintendent, up to 2 days may be used for | ||
conducting parent-teacher conferences, or up to 2 days may be | ||
utilized as parental institute days as provided in Section | ||
10-22.18d. School support personnel may be exempt from a | ||
workshop if the workshop is not relevant to the work they do. A | ||
school district may use one of its 4 institute days on the last | ||
day of the school term. "Institute" or "Professional | ||
educational experiences" means any educational gathering, | ||
demonstration of methods of instruction, visitation of schools | ||
or other institutions or facilities, sexual abuse and sexual | ||
assault awareness seminar, or training in First Aid (which may | ||
include cardiopulmonary resuscitation or defibrillator | ||
training) held or approved by the regional superintendent and | ||
declared by the regional superintendent him to be an institute | ||
day, or parent-teacher conferences. With the concurrence of | ||
the State Superintendent of Education, the regional | ||
superintendent may employ such assistance as is necessary to |
conduct the institute. Two or more adjoining counties may | ||
jointly hold an institute. Institute instruction shall be free | ||
to holders of licenses good in the county or counties holding | ||
the institute and to those who have paid an examination fee and | ||
failed to receive a license. | ||
In counties of 2,000,000 or more inhabitants, the regional | ||
superintendent may arrange for or conduct district, regional, | ||
or county inservice training workshops, or equivalent | ||
professional educational experiences, not more than 4 days | ||
annually. Of those 4 days, 2 days may be used as a teachers, | ||
administrators, and school support personnel workshop, when | ||
approved by the regional superintendent, up to 2 days may be | ||
used for conducting parent-teacher conferences, or up to 2 | ||
days may be utilized as parental institute days as provided in | ||
Section 10-22.18d. School support personnel may be exempt from | ||
a workshop if the workshop is not relevant to the work they do. | ||
A school district may use one of those 4 days on the last day | ||
of the school term. "Inservice Training Workshops" or | ||
"Professional educational experiences" means any educational | ||
gathering, demonstration of methods of instruction, visitation | ||
of schools or other institutions or facilities, sexual abuse | ||
and sexual assault awareness seminar, or training in First Aid | ||
(which may include cardiopulmonary resuscitation or | ||
defibrillator training) held or approved by the regional | ||
superintendent and declared by the regional superintendent to | ||
be an inservice training workshop, or parent-teacher |
conferences. With the concurrence of the State Superintendent | ||
of Education, the regional superintendent may employ such | ||
assistance as is necessary to conduct the inservice training | ||
workshop. With the approval of the regional superintendent, 2 | ||
or more adjoining districts may jointly hold an inservice | ||
training workshop. In addition, with the approval of the | ||
regional superintendent, one district may conduct its own | ||
inservice training workshop with subject matter consultants | ||
requested from the county, State or any State institution of | ||
higher learning. | ||
Such institutes as referred to in this Section may be held | ||
on consecutive or separate days at the option of the regional | ||
superintendent having jurisdiction thereof. | ||
Whenever reference is made in this Act to "institute", it | ||
shall be construed to include the inservice training workshops | ||
or equivalent professional educational experiences provided | ||
for in this Section. | ||
Any institute advisory committee existing on April 1, | ||
1995, is dissolved and the duties and responsibilities of the | ||
institute advisory committee are assumed by the regional | ||
office of education advisory board. | ||
Districts providing inservice training programs shall | ||
constitute inservice committees, 1/2 of which shall be | ||
teachers, 1/4 school service personnel and 1/4 administrators | ||
to establish program content and schedules. | ||
In addition to other topics not listed in this Section, |
the teachers institutes may include training committed to | ||
health conditions of students; social-emotional learning; | ||
developing cultural competency; identifying warning signs of | ||
mental illness and suicidal behavior in youth; domestic and | ||
sexual violence and the needs of expectant and parenting | ||
youth; protections and accommodations for students; educator | ||
ethics; responding to child sexual abuse and grooming | ||
behavior; and effective instruction in violence prevention and | ||
conflict resolution. Institute programs in these topics shall | ||
be credited toward hours of professional development required | ||
for license renewal as outlined in subsection (e) of Section | ||
21B-45. | ||
(b) In this subsection (b): | ||
"Trauma" is defined according to an event, an experience, | ||
and effects. Individual trauma results from an event, series | ||
of events, or set of circumstances that is experienced by an | ||
individual as physically or emotionally harmful or life | ||
threatening and that has lasting adverse effects on the | ||
individual's functioning and mental, physical, social, or | ||
emotional well-being. Collective trauma is a psychological | ||
reaction to a traumatic event shared by any group of people. | ||
This may include, but is not limited to, community violence, | ||
experiencing racism and discrimination, and the lack of the | ||
essential supports for well-being, such as educational or | ||
economic opportunities, food, health care, housing, and | ||
community cohesion. Trauma can be experienced by anyone, |
though it is disproportionately experienced by members of | ||
marginalized groups. Systemic and historical oppression, such | ||
as racism, is often at the root of this inequity. Symptoms may | ||
vary at different developmental stages and across different | ||
cultural groups and different communities. | ||
"Trauma-responsive learning environments" means learning | ||
environments developed during an ongoing, multiyear-long | ||
process that typically progresses across the following 3 | ||
stages: | ||
(1) A school or district is "trauma aware" when it: | ||
(A) has personnel that demonstrate a foundational | ||
understanding of a broad definition of trauma that is | ||
developmentally and culturally based; includes | ||
students, personnel, and communities; and recognizes | ||
the potential effect on biological, cognitive, | ||
academic, and social-emotional functioning; and | ||
(B) recognizes that traumatic exposure can impact | ||
behavior and learning and should be acknowledged in | ||
policies, strategies, and systems of support for | ||
students, families, and personnel. | ||
(2) A school or district is "trauma responsive" when | ||
it progresses from awareness to action in the areas of | ||
policy, practice, and structural changes within a | ||
multi-tiered system of support to promote safety, positive | ||
relationships, and self-regulation while underscoring the | ||
importance of personal well-being and cultural |
responsiveness. Such progress may: | ||
(A) be aligned with the Illinois Quality Framework | ||
and integrated into a school or district's continuous | ||
improvement process as evidence to support allocation | ||
of financial resources; | ||
(B) be assessed and monitored by a | ||
multidisciplinary leadership team on an ongoing basis; | ||
and | ||
(C) involve the engagement and capacity building | ||
of personnel at all levels to ensure that adults in the | ||
learning environment are prepared to recognize and | ||
respond to those impacted by trauma. | ||
(3) A school or district is healing centered when it | ||
acknowledges its role and responsibility to the community, | ||
fully responds to trauma, and promotes resilience and | ||
healing through genuine, trusting, and creative | ||
relationships. Such school schools or district districts | ||
may: | ||
(A) promote holistic and collaborative approaches | ||
that are grounded in culture, spirituality, civic | ||
engagement, and equity; and | ||
(B) support agency within individuals, families, | ||
and communities while engaging people in collective | ||
action that moves from transactional to | ||
transformational. | ||
"Whole child" means using a child-centered, holistic, |
equitable lens across all systems that prioritizes physical, | ||
mental, and social-emotional health to ensure that every child | ||
is healthy, safe, supported, challenged, engaged, and | ||
protected. | ||
Starting with the 2024-2025 school year, the teachers | ||
institutes shall provide instruction on trauma-informed | ||
practices and include the definitions of trauma, | ||
trauma-responsive learning environments, and whole child set | ||
forth in this subsection (b) before the first student | ||
attendance day of each school year. | ||
(Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see | ||
Section 905 of P.A. 103-563 for effective date of P.A. | ||
103-542); revised 11-27-23.) | ||
(105 ILCS 5/10-17a) | ||
Sec. 10-17a. State, school district, and school report | ||
cards; Expanded High School Snapshot Report. | ||
(1) By October 31, 2013 and October 31 of each subsequent | ||
school year, the State Board of Education, through the State | ||
Superintendent of Education, shall prepare a State report | ||
card, school district report cards, and school report cards, | ||
and shall by the most economical means provide to each school | ||
district in this State, including special charter districts | ||
and districts subject to the provisions of Article 34, the | ||
report cards for the school district and each of its schools. | ||
Because of the impacts of the COVID-19 public health emergency |
during school year 2020-2021, the State Board of Education | ||
shall have until December 31, 2021 to prepare and provide the | ||
report cards that would otherwise be due by October 31, 2021. | ||
During a school year in which the Governor has declared a | ||
disaster due to a public health emergency pursuant to Section | ||
7 of the Illinois Emergency Management Agency Act, the report | ||
cards for the school districts and each of its schools shall be | ||
prepared by December 31. | ||
(2) In addition to any information required by federal | ||
law, the State Superintendent shall determine the indicators | ||
and presentation of the school report card, which must | ||
include, at a minimum, the most current data collected and | ||
maintained by the State Board of Education related to the | ||
following: | ||
(A) school characteristics and student demographics, | ||
including average class size, average teaching experience, | ||
student racial/ethnic breakdown, and the percentage of | ||
students classified as low-income; the percentage of | ||
students classified as English learners, the number of | ||
students who graduate from a bilingual or English learner | ||
program, and the number of students who graduate from, | ||
transfer from, or otherwise leave bilingual programs; the | ||
percentage of students who have individualized education | ||
plans or 504 plans that provide for special education | ||
services; the number and the percentage of all students in | ||
grades kindergarten through 8, disaggregated by the |
student students demographics described in this paragraph | ||
(A), in each of the following categories: (i) those who | ||
have been assessed for placement in a gifted education | ||
program or accelerated placement, (ii) those who have | ||
enrolled in a gifted education program or in accelerated | ||
placement, and (iii) for each of categories (i) and (ii), | ||
those who received direct instruction from a teacher who | ||
holds a gifted education endorsement; the number and the | ||
percentage of all students in grades 9 through 12, | ||
disaggregated by the student demographics described in | ||
this paragraph (A), who have been enrolled in an advanced | ||
academic program; the percentage of students scoring at | ||
the "exceeds expectations" level on the assessments | ||
required under Section 2-3.64a-5 of this Code; the | ||
percentage of students who annually transferred in or out | ||
of the school district; average daily attendance; the | ||
per-pupil operating expenditure of the school district; | ||
and the per-pupil State average operating expenditure for | ||
the district type (elementary, high school, or unit); | ||
(B) curriculum information, including, where | ||
applicable, Advanced Placement, International | ||
Baccalaureate or equivalent courses, dual credit courses, | ||
foreign language classes, computer science courses, school | ||
personnel resources (including Career Technical Education | ||
teachers), before and after school programs, | ||
extracurricular activities, subjects in which elective |
classes are offered, health and wellness initiatives | ||
(including the average number of days of Physical | ||
Education per week per student), approved programs of | ||
study, awards received, community partnerships, and | ||
special programs such as programming for the gifted and | ||
talented, students with disabilities, and work-study | ||
students; | ||
(C) student outcomes, including, where applicable, the | ||
percentage of students deemed proficient on assessments of | ||
State standards, the percentage of students in the eighth | ||
grade who pass Algebra, the percentage of students who | ||
participated in workplace learning experiences, the | ||
percentage of students enrolled in post-secondary | ||
institutions (including colleges, universities, community | ||
colleges, trade/vocational schools, and training programs | ||
leading to career certification within 2 semesters of high | ||
school graduation), the percentage of students graduating | ||
from high school who are college and career ready, the | ||
percentage of graduates enrolled in community colleges, | ||
colleges, and universities who are in one or more courses | ||
that the community college, college, or university | ||
identifies as a developmental course, and the percentage | ||
of students with disabilities under the federal | ||
Individuals with Disabilities Education Act and Article 14 | ||
of this Code who have fulfilled the minimum State | ||
graduation requirements set forth in Section 27-22 of this |
Code and have been issued a regular high school diploma; | ||
(D) student progress, including, where applicable, the | ||
percentage of students in the ninth grade who have earned | ||
5 credits or more without failing more than one core | ||
class, a measure of students entering kindergarten ready | ||
to learn, a measure of growth, and the percentage of | ||
students who enter high school on track for college and | ||
career readiness; | ||
(E) the school environment, including, where | ||
applicable, high school dropout rate by grade level, the | ||
percentage of students with less than 10 absences in a | ||
school year, the percentage of teachers with less than 10 | ||
absences in a school year for reasons other than | ||
professional development, leaves taken pursuant to the | ||
federal Family Medical Leave Act of 1993, long-term | ||
disability, or parental leaves, the 3-year average of the | ||
percentage of teachers returning to the school from the | ||
previous year, the number of different principals at the | ||
school in the last 6 years, the number of teachers who hold | ||
a gifted education endorsement, the process and criteria | ||
used by the district to determine whether a student is | ||
eligible for participation in a gifted education program | ||
or advanced academic program and the manner in which | ||
parents and guardians are made aware of the process and | ||
criteria, the number of teachers who are National Board | ||
Certified Teachers, disaggregated by race and ethnicity, 2 |
or more indicators from any school climate survey selected | ||
or approved by the State and administered pursuant to | ||
Section 2-3.153 of this Code, with the same or similar | ||
indicators included on school report cards for all surveys | ||
selected or approved by the State pursuant to Section | ||
2-3.153 of this Code, the combined percentage of teachers | ||
rated as proficient or excellent in their most recent | ||
evaluation, and, beginning with the 2022-2023 school year, | ||
data on the number of incidents of violence that occurred | ||
on school grounds or during school-related activities and | ||
that resulted in an out-of-school suspension, expulsion, | ||
or removal to an alternative setting, as reported pursuant | ||
to Section 2-3.162; | ||
(F) a school district's and its individual schools' | ||
balanced accountability measure, in accordance with | ||
Section 2-3.25a of this Code; | ||
(G) the total and per pupil normal cost amount the | ||
State contributed to the Teachers' Retirement System of | ||
the State of Illinois in the prior fiscal year for the | ||
school's employees, which shall be reported to the State | ||
Board of Education by the Teachers' Retirement System of | ||
the State of Illinois; | ||
(H) for a school district organized under Article 34 | ||
of this Code only, State contributions to the Public | ||
School Teachers' Pension and Retirement Fund of Chicago | ||
and State contributions for health care for employees of |
that school district; | ||
(I) a school district's Final Percent of Adequacy, as | ||
defined in paragraph (4) of subsection (f) of Section | ||
18-8.15 of this Code; | ||
(J) a school district's Local Capacity Target, as | ||
defined in paragraph (2) of subsection (c) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; | ||
(K) a school district's Real Receipts, as defined in | ||
paragraph (1) of subsection (d) of Section 18-8.15 of this | ||
Code, divided by a school district's Adequacy Target, as | ||
defined in paragraph (1) of subsection (b) of Section | ||
18-8.15 of this Code, displayed as a percentage amount; | ||
(L) a school district's administrative costs; | ||
(M) whether or not the school has participated in the | ||
Illinois Youth Survey. In this paragraph (M), "Illinois | ||
Youth Survey" means a self-report survey, administered in | ||
school settings every 2 years, designed to gather | ||
information about health and social indicators, including | ||
substance abuse patterns and the attitudes of students in | ||
grades 8, 10, and 12; | ||
(N) whether the school offered its students career and | ||
technical education opportunities; and | ||
(O) beginning Beginning with the October 2024 report | ||
card, the total number of school counselors, school social | ||
workers, school nurses, and school psychologists by | ||
school, district, and State, the average number of |
students per school counselor in the school, district, and | ||
State, the average number of students per school social | ||
worker in the school, district, and State, the average | ||
number of students per school nurse in the school, | ||
district, and State, and the average number of students | ||
per school psychologist in the school, district, and | ||
State. | ||
The school report card shall also provide information that | ||
allows for comparing the current outcome, progress, and | ||
environment data to the State average, to the school data from | ||
the past 5 years, and to the outcomes, progress, and | ||
environment of similar schools based on the type of school and | ||
enrollment of low-income students, special education students, | ||
and English learners. | ||
As used in this subsection (2): | ||
"Accelerated placement" has the meaning ascribed to that | ||
term in Section 14A-17 of this Code. | ||
"Administrative costs" means costs associated with | ||
executive, administrative, or managerial functions within the | ||
school district that involve planning, organizing, managing, | ||
or directing the school district. | ||
"Advanced academic program" means a course of study, | ||
including, but not limited to, accelerated placement, advanced | ||
placement coursework, International Baccalaureate coursework, | ||
dual credit, or any course designated as enriched or honors, | ||
that a student is enrolled in based on advanced cognitive |
ability or advanced academic achievement compared to local age | ||
peers and in which the curriculum is substantially | ||
differentiated from the general curriculum to provide | ||
appropriate challenge and pace. | ||
"Computer science" means the study of computers and | ||
algorithms, including their principles, their hardware and | ||
software designs, their implementation, and their impact on | ||
society. "Computer science" does not include the study of | ||
everyday uses of computers and computer applications, such as | ||
keyboarding or accessing the Internet. | ||
"Gifted education" means educational services, including | ||
differentiated curricula and instructional methods, designed | ||
to meet the needs of gifted children as defined in Article 14A | ||
of this Code. | ||
For the purposes of paragraph (A) of this subsection (2), | ||
"average daily attendance" means the average of the actual | ||
number of attendance days during the previous school year for | ||
any enrolled student who is subject to compulsory attendance | ||
by Section 26-1 of this Code at each school and charter school. | ||
(2.5) For any school report card prepared after July 1, | ||
2025, for all high school graduation completion rates that are | ||
reported on the school report card as required under this | ||
Section or by any other State or federal law, the State | ||
Superintendent of Education shall also report the percentage | ||
of students who did not meet the requirements of high school | ||
graduation completion for any reason and, of those students, |
the percentage that are classified as students who fulfill the | ||
requirements of Section 14-16 of this Code. | ||
The State Superintendent shall ensure that for the | ||
2023-2024 school year there is a specific code for districts | ||
to report students who fulfill the requirements of Section | ||
14-16 of this Code to ensure accurate reporting under this | ||
Section. | ||
All reporting requirements under this subsection (2.5) | ||
shall be included on the school report card where high school | ||
graduation completion rates are reported, along with a brief | ||
explanation of how fulfilling the requirements of Section | ||
14-16 of this Code is different from receiving a regular high | ||
school diploma. | ||
(3) At the discretion of the State Superintendent, the | ||
school district report card shall include a subset of the | ||
information identified in paragraphs (A) through (E) of | ||
subsection (2) of this Section, as well as information | ||
relating to the operating expense per pupil and other finances | ||
of the school district, and the State report card shall | ||
include a subset of the information identified in paragraphs | ||
(A) through (E) and paragraph (N) of subsection (2) of this | ||
Section. The school district report card shall include the | ||
average daily attendance, as that term is defined in | ||
subsection (2) of this Section, of students who have | ||
individualized education programs and students who have 504 | ||
plans that provide for special education services within the |
school district. | ||
(4) Notwithstanding anything to the contrary in this | ||
Section, in consultation with key education stakeholders, the | ||
State Superintendent shall at any time have the discretion to | ||
amend or update any and all metrics on the school, district, or | ||
State report card. | ||
(5) Annually, no more than 30 calendar days after receipt | ||
of the school district and school report cards from the State | ||
Superintendent of Education, each school district, including | ||
special charter districts and districts subject to the | ||
provisions of Article 34, shall present such report cards at a | ||
regular school board meeting subject to applicable notice | ||
requirements, post the report cards on the school district's | ||
Internet web site, if the district maintains an Internet web | ||
site, make the report cards available to a newspaper of | ||
general circulation serving the district, and, upon request, | ||
send the report cards home to a parent (unless the district | ||
does not maintain an Internet web site, in which case the | ||
report card shall be sent home to parents without request). If | ||
the district posts the report card on its Internet web site, | ||
the district shall send a written notice home to parents | ||
stating (i) that the report card is available on the web site, | ||
(ii) the address of the web site, (iii) that a printed copy of | ||
the report card will be sent to parents upon request, and (iv) | ||
the telephone number that parents may call to request a | ||
printed copy of the report card. |
(6) Nothing contained in Public Act 98-648 repeals, | ||
supersedes, invalidates, or nullifies final decisions in | ||
lawsuits pending on July 1, 2014 (the effective date of Public | ||
Act 98-648) in Illinois courts involving the interpretation of | ||
Public Act 97-8. | ||
(7) As used in this subsection (7): | ||
"Advanced-track coursework or programs" means any high | ||
school courses, sequence of courses, or class or grouping of | ||
students organized to provide more rigorous, enriched, | ||
advanced, accelerated, gifted, or above grade-level | ||
instruction. This may include, but is not limited to, Advanced | ||
Placement courses, International Baccalaureate courses, | ||
honors, weighted, advanced, or enriched courses, or gifted or | ||
accelerated programs, classrooms, or courses. | ||
"Course" means any high school class or course offered by | ||
a school that is assigned a school course code by the State | ||
Board of Education. | ||
"English learner coursework or English learner program" | ||
means a high school English learner course or program | ||
designated to serve English learners, who may be designated as | ||
English language learners or limited English proficiency | ||
learners. | ||
"Standard coursework or programs" means any high school | ||
courses or classes other than advanced-track coursework or | ||
programs, English learner coursework or programs, or special | ||
education coursework or programs. |
By October 31, 2027 and by October 31 of each subsequent | ||
year, the State Board of Education, through the State | ||
Superintendent of Education, shall prepare a stand-alone | ||
report covering high schools, to be referred to as the | ||
Expanded High School Snapshot Report. The State Board shall | ||
post the Report on the State Board's Internet website. Each | ||
school district with a high school shall include on the school | ||
district's Internet website, if the district maintains an | ||
Internet website, a hyperlink to the Report on the State | ||
Board's Internet website titled "Expanded High School Snapshot | ||
Report". Hyperlinks under this subsection (7) shall be | ||
displayed in a manner that is easily accessible to the public. | ||
The Expanded High School Snapshot Report shall include: | ||
(A) a listing of all standard coursework or programs | ||
offered by a high school; | ||
(B) a listing of all advanced-track coursework or | ||
programs offered by a high school; | ||
(C) a listing of all English learner coursework or | ||
programs offered by a high school; | ||
(D) a listing of all special education coursework or | ||
programs offered by a high school; | ||
(E) data tables and graphs comparing advanced-track | ||
coursework or programs with standard coursework or | ||
programs according to the following parameters: | ||
(i) the average years of experience of all | ||
teachers in a high school who are assigned to teach |
advanced-track coursework or programs compared with | ||
the average years of experience of all teachers in the | ||
high school who are assigned to teach standard | ||
coursework or programs; | ||
(ii) the average years of experience of all | ||
teachers in a high school who are assigned to teach | ||
special education coursework or programs compared with | ||
the average years of experience of all teachers in the | ||
high school who are assigned to teach standard | ||
coursework or programs; | ||
(iii) the average years of experience of all | ||
teachers in a high school who are assigned to teach | ||
English learner coursework or programs compared with | ||
the average years of experience of all teachers in the | ||
high school who are assigned to teach standard | ||
coursework or programs; | ||
(iv) the number of high school teachers who | ||
possess bachelor's, master's, or doctorate degrees and | ||
who are assigned to teach advanced-track courses or | ||
programs compared with the number of teachers who | ||
possess bachelor's, master's, or doctorate degrees and | ||
who are assigned to teach standard coursework or | ||
programs; | ||
(v) the number of high school teachers who possess | ||
bachelor's, master's, or doctorate degrees and who are | ||
assigned to teach special education coursework or |
programs compared with the number of teachers who | ||
possess bachelor's, master's, or doctorate degrees and | ||
who are assigned to teach standard coursework or | ||
programs; | ||
(vi) the number of high school teachers who | ||
possess bachelor's, master's, or doctorate degrees and | ||
who are assigned to teach English learner coursework | ||
or programs compared with the number of teachers who | ||
possess bachelor's, master's, or doctorate degrees and | ||
who are assigned to teach standard coursework or | ||
programs; | ||
(vii) the average student enrollment and class | ||
size of advanced-track coursework or programs offered | ||
in a high school compared with the average student | ||
enrollment and class size of standard coursework or | ||
programs; | ||
(viii) the percentages of students delineated by | ||
gender who are enrolled in advanced-track coursework | ||
or programs in a high school compared with the gender | ||
of students enrolled in standard coursework or | ||
programs; | ||
(ix) the percentages of students delineated by | ||
gender who are enrolled in special education | ||
coursework or programs in a high school compared with | ||
the percentages of students enrolled in standard | ||
coursework or programs; |
(x) the percentages of students delineated by | ||
gender who are enrolled in English learner coursework | ||
or programs in a high school compared with the gender | ||
of students enrolled in standard coursework or | ||
programs; | ||
(xi) the percentages of high school students in | ||
each individual race and ethnicity category, as | ||
defined in the most recent federal decennial census, | ||
who are enrolled in advanced-track coursework or | ||
programs compared with the percentages of students in | ||
each individual race and ethnicity category enrolled | ||
in standard coursework or programs; | ||
(xii) the percentages of high school students in | ||
each of the race and ethnicity categories, as defined | ||
in the most recent federal decennial census, who are | ||
enrolled in special education coursework or programs | ||
compared with the percentages of students in each of | ||
the race and ethnicity categories who are enrolled in | ||
standard coursework or programs; | ||
(xiii) the percentages of high school students in | ||
each of the race and ethnicity categories, as defined | ||
in the most recent federal decennial census, who are | ||
enrolled in English learner coursework or programs in | ||
a high school compared with the percentages of high | ||
school students in each of the race and ethnicity | ||
categories who are enrolled in standard coursework or |
programs; | ||
(xiv) the percentage of high school students who | ||
reach proficiency (the equivalent of a C grade or | ||
higher on a grade A through F scale) in advanced-track | ||
coursework or programs compared with the percentage of | ||
students who earn proficiency (the equivalent of a C | ||
grade or higher on a grade A through F scale) in | ||
standard coursework or programs; | ||
(xv) the percentage of high school students who | ||
reach proficiency (the equivalent of a C grade or | ||
higher on a grade A through F scale) in special | ||
education coursework or programs compared with the | ||
percentage of high school students who earn | ||
proficiency (the equivalent of a C grade or higher on a | ||
grade A through F scale) in standard coursework or | ||
programs; and | ||
(xvi) the percentage of high school students who | ||
reach proficiency (the equivalent of a C grade or | ||
higher on a grade A through F scale) in English learner | ||
coursework or programs compared with the percentage of | ||
high school students who earn proficiency (the | ||
equivalent of a C grade or higher on a grade A through | ||
F scale) in standard coursework or programs; and | ||
(F) data tables and graphs for each race and ethnicity | ||
category, as defined in the most recent federal decennial | ||
census, and gender category, as defined in the most recent |
federal decennial census, describing: | ||
(i) the total number of Advanced Placement courses | ||
taken by race and ethnicity category and gender | ||
category, as defined in the most recent federal | ||
decennial census; | ||
(ii) the total number of International | ||
Baccalaureate courses taken by race and ethnicity | ||
category and gender category, as defined in the most | ||
recent federal decennial census; | ||
(iii) for each race and ethnicity category and | ||
gender category, as defined in the most recent federal | ||
decennial census, the percentage of high school | ||
students enrolled in Advanced Placement courses; | ||
(iv) for each race and ethnicity category and | ||
gender category, as defined in the most recent federal | ||
decennial census, the percentage of high school | ||
students enrolled in International Baccalaureate | ||
courses; and | ||
(v) for each race and ethnicity category, as | ||
defined in the most recent federal decennial census, | ||
the total number and percentage of high school | ||
students who earn a score of 3 or higher on the | ||
Advanced Placement exam associated with an Advanced | ||
Placement course. | ||
For data on teacher experience and education under this | ||
subsection (7), a teacher who teaches a combination of courses |
designated as advanced-track coursework or programs, English | ||
learner coursework or programs, or standard coursework or | ||
programs shall be included in all relevant categories and the | ||
teacher's level of experience shall be added to the | ||
categories. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; | ||
102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. | ||
7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263, | ||
eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24; | ||
revised 9-12-23.) | ||
(105 ILCS 5/10-20.67) | ||
Sec. 10-20.67. Short-term substitute teacher training. | ||
(a) Each school board shall, in collaboration with its | ||
teachers or, if applicable, the exclusive bargaining | ||
representative of its teachers, jointly develop a short-term | ||
substitute teacher training program that provides individuals | ||
who hold a Short-Term Substitute Teaching License under | ||
Section 21B-20 of this Code with information on curriculum, | ||
classroom management techniques, school safety, and district | ||
and building operations. The State Board of Education may | ||
develop a model short-term substitute teacher training program | ||
for use by a school board under this subsection (a) if the | ||
school board and its teachers or, if applicable, the exclusive | ||
bargaining representative of its teachers agree to use the | ||
State Board's model. A school board with a substitute teacher |
training program in place before July 1, 2018 (the effective | ||
date of Public Act 100-596) may utilize that program to | ||
satisfy the requirements of this subsection (a). | ||
(b) Nothing in this Section prohibits a school board from | ||
offering substitute training to substitute teachers licensed | ||
under paragraph (3) of Section 21B-20 of this Code or to | ||
substitute teachers holding a Professional Educator License. | ||
(c) (Blank) . | ||
(Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.) | ||
(105 ILCS 5/10-20.85) | ||
Sec. 10-20.85. Trauma kit. | ||
(a) In this Section, "trauma kit" means a first aid | ||
response kit that contains, at a minimum, all of the | ||
following: | ||
(1) One tourniquet endorsed by the Committee on | ||
Tactical Combat Casualty Care. | ||
(2) One compression bandage. | ||
(3) One hemostatic bleeding control dressing endorsed | ||
by the Committee on Tactical Combat Casualty Care. | ||
(4) Protective gloves and a marker. | ||
(5) Scissors. | ||
(6) Instructional documents developed by the Stop the | ||
Bleed national awareness campaign of the United States | ||
Department of Homeland Security or the American College of | ||
Surgeons' Committee on Trauma, or both. |
(7) Any other medical materials or equipment similar | ||
to those described in paragraphs (1) through (3) or any | ||
other items that (i) are approved by a local law | ||
enforcement agency or first responders, (ii) can | ||
adequately treat a traumatic injury, and (iii) can be | ||
stored in a readily available kit. | ||
(b) Each school district may maintain an on-site trauma | ||
kit at each school of the district for bleeding emergencies. | ||
(c) Products purchased for the trauma kit, including those | ||
products endorsed by the Committee on Tactical Combat Casualty | ||
Care, shall, whenever possible, be manufactured in the United | ||
States. | ||
(Source: P.A. 103-128, eff. 6-30-23.) | ||
(105 ILCS 5/10-20.86) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 10-20.86 10-20.85 . Community input on local | ||
assessments. | ||
(a) As used in this Section, "district-administered | ||
assessment" means an assessment that requires all student test | ||
takers at any grade level to answer the same questions, or a | ||
selection of questions from a common bank of questions, in the | ||
same manner or substantially the same questions in the same | ||
manner. The term does not include an observational assessment | ||
tool used to satisfy the requirements of Section 2-3.64a-10 of |
this Code or an assessment developed by district teachers or | ||
administrators that will be used to measure student progress | ||
at an attendance center within the school district. | ||
(b) Prior to approving a new contract for any | ||
district-administered assessment, a school board must hold a | ||
public vote at a regular meeting of the school board, at which | ||
the terms of the proposal must be substantially presented and | ||
an opportunity for allowing public comments must be provided, | ||
subject to applicable notice requirements. However, if the | ||
assessment being made available to review is subject to | ||
copyright, trademark, or other intellectual property | ||
protection, the review process shall include technical and | ||
procedural safeguards to ensure that the materials are not | ||
able to be widely disseminated to the general public in | ||
violation of the intellectual property rights of the publisher | ||
and to ensure content validity is not undermined. | ||
(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.) | ||
(105 ILCS 5/10-22.3f) | ||
Sec. 10-22.3f. Required health benefits. Insurance | ||
protection and benefits for employees shall provide the | ||
post-mastectomy care benefits required to be covered by a | ||
policy of accident and health insurance under Section 356t and | ||
the coverage required under Sections 356g, 356g.5, 356g.5-1, | ||
356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, | ||
356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, |
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | ||
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | ||
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and | ||
356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 | ||
of the Illinois Insurance Code. Insurance policies shall | ||
comply with Section 356z.19 of the Illinois Insurance Code. | ||
The coverage shall comply with Sections 155.22a, 355b, and | ||
370c of the Illinois Insurance Code. The Department of | ||
Insurance shall enforce the requirements of this Section. | ||
Rulemaking authority to implement Public Act 95-1045, 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. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||
1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, | ||
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||
102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. | ||
1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, | ||
eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; | ||
103-551, eff. 8-11-23; revised 8-29-23.) | ||
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | ||
Sec. 10-22.36. Buildings for school purposes. |
(a) To build or purchase a building for school classroom | ||
or instructional purposes upon the approval of a majority of | ||
the voters upon the proposition at a referendum held for such | ||
purpose or in accordance with Section 17-2.11, 19-3.5, or | ||
19-3.10. The board may initiate such referendum by resolution. | ||
The board shall certify the resolution and proposition to the | ||
proper election authority for submission in accordance with | ||
the general election law. | ||
The questions of building one or more new buildings for | ||
school purposes or office facilities, and issuing bonds for | ||
the purpose of borrowing money to purchase one or more | ||
buildings or sites for such buildings or office sites, to | ||
build one or more new buildings for school purposes or office | ||
facilities or to make additions and improvements to existing | ||
school buildings, may be combined into one or more | ||
propositions on the ballot. | ||
Before erecting, or purchasing or remodeling such a | ||
building the board shall submit the plans and specifications | ||
respecting heating, ventilating, lighting, seating, water | ||
supply, toilets and safety against fire to the regional | ||
superintendent of schools having supervision and control over | ||
the district, for approval in accordance with Section 2-3.12. | ||
Notwithstanding any of the foregoing, no referendum shall | ||
be required if the purchase, construction, or building of any | ||
such building (1) occurs while the building is being leased by | ||
the school district or (2) is paid with (A) funds derived from |
the sale or disposition of other buildings, land, or | ||
structures of the school district or (B) funds received (i) as | ||
a grant under the School Construction Law or (ii) as gifts or | ||
donations, provided that no funds to purchase, construct, or | ||
build such building, other than lease payments, are derived | ||
from the district's bonded indebtedness or the tax levy of the | ||
district. | ||
Notwithstanding any of the foregoing, no referendum shall | ||
be required if the purchase, construction, or building of any | ||
such building is paid with funds received from the County | ||
School Facility and Resources Occupation Tax Law under Section | ||
5-1006.7 of the Counties Code or from the proceeds of bonds or | ||
other debt obligations secured by revenues obtained from that | ||
Law. | ||
Notwithstanding any of the foregoing, for Decatur School | ||
District Number 61, no referendum shall be required if at | ||
least 50% of the cost of the purchase, construction, or | ||
building of any such building is paid, or will be paid, with | ||
funds received or expected to be received as part of, or | ||
otherwise derived from, any COVID-19 pandemic relief program | ||
or funding source, including, but not limited to, Elementary | ||
and Secondary School Emergency Relief Fund grant proceeds. | ||
(b) Notwithstanding the provisions of subsection (a), for | ||
any school district: (i) that is a tier 1 school, (ii) that has | ||
a population of less than 50,000 inhabitants, (iii) whose | ||
student population is between 5,800 and 6,300, (iv) in which |
57% to 62% of students are low-income, and (v) whose average | ||
district spending is between $10,000 to $12,000 per pupil, | ||
until July 1, 2025, no referendum shall be required if at least | ||
50% of the cost of the purchase, construction, or building of | ||
any such building is paid, or will be paid, with funds received | ||
or expected to be received as part of, or otherwise derived | ||
from, the federal Consolidated Appropriations Act and the | ||
federal American Rescue Plan Act of 2021. | ||
For this subsection (b), the school board must hold at | ||
least 2 public hearings, the sole purpose of which shall be to | ||
discuss the decision to construct a school building and to | ||
receive input from the community. The notice of each public | ||
hearing that sets forth the time, date, place, and name or | ||
description of the school building that the school board is | ||
considering constructing must be provided at least 10 days | ||
prior to the hearing by publication on the school board's | ||
Internet website. | ||
(c) Notwithstanding the provisions of subsections | ||
subsection (a) and (b), for Cahokia Community Unit School | ||
District 187, no referendum shall be required for the lease of | ||
any building for school or educational purposes if the cost is | ||
paid or will be paid with funds available at the time of the | ||
lease in the district's existing fund balances to fund the | ||
lease of a building during the 2023-2024 or 2024-2025 school | ||
year. | ||
For the purposes of this subsection (c), the school board |
must hold at least 2 public hearings, the sole purpose of which | ||
shall be to discuss the decision to lease a school building and | ||
to receive input from the community. The notice of each public | ||
hearing that sets forth the time, date, place, and name or | ||
description of the school building that the school board is | ||
considering leasing must be provided at least 10 days prior to | ||
the hearing by publication on the school district's website. | ||
(d) (c) Notwithstanding the provisions of subsections | ||
subsection (a) and (b), for Bloomington School District 87, no | ||
referendum shall be required for the purchase, construction, | ||
or building of any building for school or education purposes | ||
if such cost is paid , or will be paid with funds available at | ||
the time of contract, purchase, construction, or building in | ||
Bloomington School District Number 87's existing fund balances | ||
to fund the procurement or requisition of a building or site | ||
during the 2022-2023, 2023-2024, or 2024-2025 school year | ||
years . | ||
For this subsection (d) (c) , the school board must hold at | ||
least 2 public hearings, the sole purpose of which shall be to | ||
discuss the decision to construct a school building and to | ||
receive input from the community. The notice of each public | ||
hearing that sets forth the time, date, place, and name or | ||
description of the school building that the school board is | ||
considering constructing must be provided at least 10 days | ||
prior to the hearing by publication on the school board's | ||
website. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; | ||
103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.) | ||
(105 ILCS 5/10-22.39) | ||
(Text of Section before amendment by P.A. 103-41 and P.A. | ||
103-542 ) | ||
Sec. 10-22.39. In-service training programs. | ||
(a) To conduct in-service training programs for teachers. | ||
(b) In addition to other topics at in-service training | ||
programs, at least once every 2 years, licensed school | ||
personnel and administrators who work with pupils in | ||
kindergarten through grade 12 shall be trained to identify the | ||
warning signs of mental illness, trauma, and suicidal behavior | ||
in youth and shall be taught appropriate intervention and | ||
referral techniques. A school district may utilize the | ||
Illinois Mental Health First Aid training program, established | ||
under the Illinois Mental Health First Aid Training Act and | ||
administered by certified instructors trained by a national | ||
association recognized as an authority in behavioral health, | ||
to provide the training and meet the requirements under this | ||
subsection. If licensed school personnel or an administrator | ||
obtains mental health first aid training outside of an | ||
in-service training program, he or she may present a | ||
certificate of successful completion of the training to the | ||
school district to satisfy the requirements of this | ||
subsection. |
Training regarding the implementation of trauma-informed | ||
practices satisfies the requirements of this subsection (b). | ||
A course of instruction as described in this subsection | ||
(b) must include the definitions of trauma, trauma-responsive | ||
learning environments, and whole child set forth in subsection | ||
(b) of Section 3-11 of this Code and may provide information | ||
that is relevant to and within the scope of the duties of | ||
licensed school personnel or school administrators. Such | ||
information may include, but is not limited to: | ||
(1) the recognition of and care for trauma in students | ||
and staff; | ||
(2) the relationship between educator wellness and | ||
student learning; | ||
(3) the effect of trauma on student behavior and | ||
learning; | ||
(4) the prevalence of trauma among students, including | ||
the prevalence of trauma among student populations at | ||
higher risk of experiencing trauma; | ||
(5) the effects of implicit or explicit bias on | ||
recognizing trauma among various student groups in | ||
connection with race, ethnicity, gender identity, sexual | ||
orientation, socio-economic status, and other relevant | ||
factors; and | ||
(6) effective district practices that are shown to: | ||
(A) prevent and mitigate the negative effect of | ||
trauma on student behavior and learning; and |
(B) support the emotional wellness of staff. | ||
(c) School counselors, nurses, teachers and other school | ||
personnel who work with pupils may be trained to have a basic | ||
knowledge of matters relating to acquired immunodeficiency | ||
syndrome (AIDS), including the nature of the disease, its | ||
causes and effects, the means of detecting it and preventing | ||
its transmission, and the availability of appropriate sources | ||
of counseling and referral, and any other information that may | ||
be appropriate considering the age and grade level of such | ||
pupils. The School Board shall supervise such training. The | ||
State Board of Education and the Department of Public Health | ||
shall jointly develop standards for such training. | ||
(d) In this subsection (d): | ||
"Domestic violence" means abuse by a family or household | ||
member, as "abuse" and "family or household members" are | ||
defined in Section 103 of the Illinois Domestic Violence Act | ||
of 1986. | ||
"Sexual violence" means sexual assault, abuse, or stalking | ||
of an adult or minor child proscribed in the Criminal Code of | ||
1961 or the Criminal Code of 2012 in Sections 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, | ||
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including | ||
sexual violence committed by perpetrators who are strangers to | ||
the victim and sexual violence committed by perpetrators who | ||
are known or related by blood or marriage to the victim. | ||
At least once every 2 years, an in-service training |
program for school personnel who work with pupils, including, | ||
but not limited to, school and school district administrators, | ||
teachers, school social workers, school counselors, school | ||
psychologists, and school nurses, must be conducted by persons | ||
with expertise in domestic and sexual violence and the needs | ||
of expectant and parenting youth and shall include training | ||
concerning (i) communicating with and listening to youth | ||
victims of domestic or sexual violence and expectant and | ||
parenting youth, (ii) connecting youth victims of domestic or | ||
sexual violence and expectant and parenting youth to | ||
appropriate in-school services and other agencies, programs, | ||
and services as needed, and (iii) implementing the school | ||
district's policies, procedures, and protocols with regard to | ||
such youth, including confidentiality. At a minimum, school | ||
personnel must be trained to understand, provide information | ||
and referrals, and address issues pertaining to youth who are | ||
parents, expectant parents, or victims of domestic or sexual | ||
violence. | ||
(e) At least every 2 years, an in-service training program | ||
for school personnel who work with pupils must be conducted by | ||
persons with expertise in anaphylactic reactions and | ||
management. | ||
(f) At least once every 2 years, a school board shall | ||
conduct in-service training on educator ethics, | ||
teacher-student conduct, and school employee-student conduct | ||
for all personnel. |
(g) At least once every 2 years, a school board shall | ||
conduct in-service training for all school district employees | ||
on the methods to respond to trauma. The training must include | ||
instruction on how to respond to an incident involving | ||
life-threatening bleeding and, if applicable, how to use a | ||
school's trauma kit. A school board may satisfy the training | ||
requirements under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
School district employees who are trained to respond to | ||
trauma pursuant to this subsection (g) shall be immune from | ||
civil liability in the use of a trauma kit unless the action | ||
constitutes willful or wanton misconduct. | ||
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||
102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. | ||
1-1-24; revised 11-27-23.) | ||
(Text of Section after amendment by P.A. 103-542 but | ||
before amendment by P.A. 103-41 ) | ||
Sec. 10-22.39. In-service training programs. | ||
(a) To conduct in-service training programs for teachers, | ||
administrators, and school support personnel. | ||
(b) In addition to other topics at in-service training | ||
programs listed in this Section, teachers, administrators, and | ||
school support personnel who work with pupils must be trained | ||
in the following topics: health conditions of students; |
social-emotional learning; developing cultural competency; | ||
identifying warning signs of mental illness and suicidal | ||
behavior in youth; domestic and sexual violence and the needs | ||
of expectant and parenting youth; protections and | ||
accommodations for students; educator ethics; responding to | ||
child sexual abuse and grooming behavior; and effective | ||
instruction in violence prevention and conflict resolution. | ||
In-service training programs in these topics shall be credited | ||
toward hours of professional development required for license | ||
renewal as outlined in subsection (e) of Section 21B-45. | ||
School support personnel may be exempt from in-service | ||
training if the training is not relevant to the work they do. | ||
Nurses and school nurses, as defined by Section 10-22.23, | ||
are exempt from training required in subsection (b-5). | ||
Beginning July 1, 2024, all teachers, administrators, and | ||
school support personnel shall complete training as outlined | ||
in Section 10-22.39 during an in-service training program | ||
conducted by their school board or through other training | ||
opportunities, including, but not limited to, institutes under | ||
Section 3-11. Such training must be completed within 6 months | ||
of employment by a school board and renewed at least once every | ||
5 years, unless required more frequently by other State or | ||
federal law or in accordance with this Section. If teachers, | ||
administrators, or school support personnel obtain training | ||
outside of an in-service training program or from a previous | ||
public school district or nonpublic school employer, they may |
present documentation showing current compliance with this | ||
subsection to satisfy the requirement of receiving training | ||
within 6 months of first being employed. Training may be | ||
delivered through online, asynchronous means. | ||
(b-5) Training regarding health conditions of students for | ||
staff required by this Section shall include, but is not | ||
limited to: | ||
(1) Chronic health conditions of students. | ||
(2) Anaphylactic reactions and management. Such | ||
training shall be conducted by persons with expertise in | ||
anaphylactic reactions and management. | ||
(3) The management of asthma, the prevention of asthma | ||
symptoms, and emergency response in the school setting. | ||
(4) The basics of seizure recognition and first aid | ||
and appropriate emergency protocols. Such training must be | ||
fully consistent with the best practice guidelines issued | ||
by the Centers for Disease Control and Prevention. | ||
(5) The basics of diabetes care, how to identify when | ||
a student with diabetes needs immediate or emergency | ||
medical attention, and whom to contact in the case of an | ||
emergency. | ||
(6) Current best practices regarding the | ||
identification and treatment of attention deficit | ||
hyperactivity disorder. | ||
(7) Instruction on how to respond to an incident | ||
involving life-threatening bleeding and, if applicable, |
how to use a school's trauma kit. Beginning with the | ||
2024-2025 school year, training on life-threatening | ||
bleeding must be completed within 6 months of the employee | ||
first being employed by a school board and renewed within | ||
2 years. Beginning with the 2027-2028 school year, the | ||
training must be completed within 6 months of the employee | ||
first being employed by a school board and renewed at | ||
least once every 5 years thereafter. | ||
In consultation with professional organizations with | ||
expertise in student health issues, including, but not limited | ||
to, asthma management, anaphylactic reactions, seizure | ||
recognition, and diabetes care, the State Board of Education | ||
shall make available resource materials for educating school | ||
personnel about student health conditions and emergency | ||
response in the school setting. | ||
A school board may satisfy the life-threatening bleeding | ||
training under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
(b-10) The training regarding social-emotional learning , | ||
for staff required by this Section may include, at a minimum, | ||
providing education to all school personnel about the content | ||
of the Illinois Social and Emotional Learning Standards, how | ||
those standards apply to everyday school interactions, and | ||
examples of how social emotional learning can be integrated | ||
into instructional practices across all grades and subjects. |
(b-15) The training regarding developing cultural | ||
competency for staff required by this Section shall include, | ||
but is not limited to, understanding and reducing implicit | ||
bias, including implicit racial bias. As used in this | ||
subsection, "implicit racial bias" has the meaning set forth | ||
in Section 10-20.61. | ||
(b-20) The training regarding identifying warning signs of | ||
mental illness, trauma, and suicidal behavior in youth for | ||
staff required by this Section shall include, but is not | ||
limited to, appropriate intervention and referral techniques, | ||
including resources and guidelines as outlined in Section | ||
2-3.166 , and must include the definitions of trauma, | ||
trauma-responsive learning environments, and whole child set | ||
forth in subsection (b) of Section 3-11 of this Code . | ||
Illinois Mental Health First Aid training, established | ||
under the Illinois Mental Health First Aid Training Act, may | ||
satisfy the requirements of this subsection. | ||
If teachers, administrators, or school support personnel | ||
obtain mental health first aid training outside of an | ||
in-service training program, they may present a certificate of | ||
successful completion of the training to the school district | ||
to satisfy the requirements of this subsection. Training | ||
regarding the implementation of trauma-informed practices | ||
satisfies the requirements of this subsection. | ||
(b-25) As used in this subsection: | ||
"Domestic violence" means abuse by a family or household |
member, as "abuse" and "family or household members" are | ||
defined in Section 103 of the Illinois Domestic Violence Act | ||
of 1986. | ||
"Sexual violence" means sexual assault, abuse, or stalking | ||
of an adult or minor child proscribed in the Criminal Code of | ||
1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, | ||
12-15, and 12-16 of the Criminal Code of 2012, including | ||
sexual violence committed by perpetrators who are strangers to | ||
the victim and sexual violence committed by perpetrators who | ||
are known or related by blood or marriage to the victim. | ||
The training regarding domestic and sexual violence and | ||
the needs of expectant and parenting youth for staff required | ||
by this Section must be conducted by persons with expertise in | ||
domestic and sexual violence and the needs of expectant and | ||
parenting youth, and shall include, but is not limited to: | ||
(1) communicating with and listening to youth victims | ||
of domestic or sexual violence and expectant and parenting | ||
youth; | ||
(2) connecting youth victims of domestic or sexual | ||
violence and expectant and parenting youth to appropriate | ||
in-school services and other agencies, programs, and | ||
services as needed; | ||
(3) implementing the school district's policies, | ||
procedures, and protocols with regard to such youth, | ||
including confidentiality ; at . At a minimum, school |
personnel must be trained to understand, provide | ||
information and referrals, and address issues pertaining | ||
to youth who are parents, expectant parents, or victims of | ||
domestic or sexual violence; and | ||
(4) procedures for responding to incidents of teen | ||
dating violence that take place at the school, on school | ||
grounds, at school-sponsored activities, or in vehicles | ||
used for school-provided transportation as outlined in | ||
Section 3.10 of the Critical Health Problems and | ||
Comprehensive Health Education Act. | ||
(b-30) The training regarding protections and | ||
accommodations for students shall include, but is not limited | ||
to, instruction on the federal Americans with Disabilities | ||
Act, as it pertains to the school environment, and | ||
homelessness. Beginning with the 2024-2025 school year, | ||
training on homelessness must be completed within 6 months of | ||
an employee first being employed by a school board and renewed | ||
within 2 years. Beginning with the 2027-2028 school year, the | ||
training must be completed within 6 months of the employee | ||
first being employed by a school board and renewed at least | ||
once every 5 years thereafter. Training on homelessness shall | ||
include the following: | ||
(1) the definition of homeless children and youths | ||
under 42 U.S.C. 11434a; | ||
(2) the signs of homelessness and housing insecurity; | ||
(3) the rights of students experiencing homelessness |
under State and federal law; | ||
(4) the steps to take when a homeless or | ||
housing-insecure student is identified; and | ||
(5) the appropriate referral techniques, including the | ||
name and contact number of the school or school district | ||
homeless liaison. | ||
School boards may work with a community-based organization | ||
that specializes in working with homeless children and youth | ||
to develop and provide the training. | ||
(b-35) The training regarding educator ethics and | ||
responding to child sexual abuse and grooming behavior shall | ||
include, but is not limited to, teacher-student conduct, | ||
school employee-student conduct, and evidence-informed | ||
training on preventing, recognizing, reporting, and responding | ||
to child sexual abuse and grooming as outlined in Section | ||
10-23.13. | ||
(b-40) The training regarding effective instruction in | ||
violence prevention and conflict resolution required by this | ||
Section shall be conducted in accordance with the requirements | ||
of Section 27-23.4. | ||
(b-45) (c) Beginning July 1, 2024, all nonpublic | ||
elementary and secondary school teachers, administrators, and | ||
school support personnel shall complete the training set forth | ||
in subsection (b-5). Training must be completed within 6 | ||
months of first being employed by a nonpublic school and | ||
renewed at least once every 5 years, unless required more |
frequently by other State or federal law. If nonpublic | ||
teachers, administrators, or school support personnel obtain | ||
training from a public school district or nonpublic school | ||
employer, the teacher, administrator, or school support | ||
personnel may present documentation to the nonpublic school | ||
showing current compliance with this subsection to satisfy the | ||
requirement of receiving training within 6 months of first | ||
being employed. must include the definitions of trauma, | ||
trauma-responsive learning environments, and whole child set | ||
forth in subsection (b) of Section 3-11 of this Code and | ||
(c) (Blank). | ||
(d) (Blank). | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) At least once every 2 years, a school board shall | ||
conduct in-service training for all school district employees | ||
on the methods to respond to trauma. The training must include | ||
instruction on how to respond to an incident involving | ||
life-threatening bleeding and, if applicable, how to use a | ||
school's trauma kit. A school board may satisfy the training | ||
requirements under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
School district employees who are trained to respond to | ||
trauma pursuant to this subsection (g) shall be immune from | ||
civil liability in the use of a trauma kit unless the action |
constitutes willful or wanton misconduct. | ||
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||
102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. | ||
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 | ||
for effective date of P.A. 103-542); revised 11-27-23.) | ||
(Text of Section after amendment by P.A. 103-41 ) | ||
Sec. 10-22.39. In-service training programs. | ||
(a) To conduct in-service training programs for teachers, | ||
administrators, and school support personnel. | ||
(b) In addition to other topics at in-service training | ||
programs listed in this Section, teachers, administrators, and | ||
school support personnel who work with pupils must be trained | ||
in the following topics: health conditions of students; | ||
social-emotional learning; developing cultural competency; | ||
identifying warning signs of mental illness and suicidal | ||
behavior in youth; domestic and sexual violence and the needs | ||
of expectant and parenting youth; protections and | ||
accommodations for students; educator ethics; responding to | ||
child sexual abuse and grooming behavior; and effective | ||
instruction in violence prevention and conflict resolution. | ||
In-service training programs in these topics shall be credited | ||
toward hours of professional development required for license | ||
renewal as outlined in subsection (e) of Section 21B-45. | ||
School support personnel may be exempt from in-service | ||
training if the training is not relevant to the work they do. |
Nurses and school nurses, as defined by Section 10-22.23, | ||
are exempt from training required in subsection (b-5). | ||
Beginning July 1, 2024, all teachers, administrators, and | ||
school support personnel shall complete training as outlined | ||
in Section 10-22.39 during an in-service training program | ||
conducted by their school board or through other training | ||
opportunities, including, but not limited to, institutes under | ||
Section 3-11. Such training must be completed within 6 months | ||
of employment by a school board and renewed at least once every | ||
5 years, unless required more frequently by other State or | ||
federal law or in accordance with this Section. If teachers, | ||
administrators, or school support personnel obtain training | ||
outside of an in-service training program or from a previous | ||
public school district or nonpublic school employer, they may | ||
present documentation showing current compliance with this | ||
subsection to satisfy the requirement of receiving training | ||
within 6 months of first being employed. Training may be | ||
delivered through online, asynchronous means. | ||
(b-5) Training regarding health conditions of students for | ||
staff required by this Section shall include, but is not | ||
limited to: | ||
(1) Chronic health conditions of students. | ||
(2) Anaphylactic reactions and management. Such | ||
training shall be conducted by persons with expertise in | ||
anaphylactic reactions and management. | ||
(3) The management of asthma, the prevention of asthma |
symptoms, and emergency response in the school setting. | ||
(4) The basics of seizure recognition and first aid | ||
and appropriate emergency protocols. Such training must be | ||
fully consistent with the best practice guidelines issued | ||
by the Centers for Disease Control and Prevention. | ||
(5) The basics of diabetes care, how to identify when | ||
a student with diabetes needs immediate or emergency | ||
medical attention, and whom to contact in the case of an | ||
emergency. | ||
(6) Current best practices regarding the | ||
identification and treatment of attention deficit | ||
hyperactivity disorder. | ||
(7) Instruction on how to respond to an incident | ||
involving life-threatening bleeding and, if applicable, | ||
how to use a school's trauma kit. Beginning with the | ||
2024-2025 school year, training on life-threatening | ||
bleeding must be completed within 6 months of the employee | ||
first being employed by a school board and renewed within | ||
2 years. Beginning with the 2027-2028 school year, the | ||
training must be completed within 6 months of the employee | ||
first being employed by a school board and renewed at | ||
least once every 5 years thereafter. | ||
In consultation with professional organizations with | ||
expertise in student health issues, including, but not limited | ||
to, asthma management, anaphylactic reactions, seizure | ||
recognition, and diabetes care, the State Board of Education |
shall make available resource materials for educating school | ||
personnel about student health conditions and emergency | ||
response in the school setting. | ||
A school board may satisfy the life-threatening bleeding | ||
training under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
(b-10) The training regarding social-emotional learning , | ||
for staff required by this Section may include, at a minimum, | ||
providing education to all school personnel about the content | ||
of the Illinois Social and Emotional Learning Standards, how | ||
those standards apply to everyday school interactions, and | ||
examples of how social emotional learning can be integrated | ||
into instructional practices across all grades and subjects. | ||
(b-15) The training regarding developing cultural | ||
competency for staff required by this Section shall include, | ||
but is not limited to, understanding and reducing implicit | ||
bias, including implicit racial bias. As used in this | ||
subsection, "implicit racial bias" has the meaning set forth | ||
in Section 10-20.61. | ||
(b-20) The training regarding identifying warning signs of | ||
mental illness, trauma, and suicidal behavior in youth for | ||
staff required by this Section shall include, but is not | ||
limited to, appropriate intervention and referral techniques, | ||
including resources and guidelines as outlined in Section | ||
2-3.166 , and must include the definitions of trauma, |
trauma-responsive learning environments, and whole child set | ||
forth in subsection (b) of Section 3-11 of this Code . | ||
Illinois Mental Health First Aid training, established | ||
under the Illinois Mental Health First Aid Training Act, may | ||
satisfy the requirements of this subsection. | ||
If teachers, administrators, or school support personnel | ||
obtain mental health first aid training outside of an | ||
in-service training program, they may present a certificate of | ||
successful completion of the training to the school district | ||
to satisfy the requirements of this subsection. Training | ||
regarding the implementation of trauma-informed practices | ||
satisfies the requirements of this subsection. | ||
(b-25) As used in this subsection: | ||
"Domestic violence" means abuse by a family or household | ||
member, as "abuse" and "family or household members" are | ||
defined in Section 103 of the Illinois Domestic Violence Act | ||
of 1986. | ||
"Sexual violence" means sexual assault, abuse, or stalking | ||
of an adult or minor child proscribed in the Criminal Code of | ||
1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, | ||
12-15, and 12-16 of the Criminal Code of 2012, including | ||
sexual violence committed by perpetrators who are strangers to | ||
the victim and sexual violence committed by perpetrators who | ||
are known or related by blood or marriage to the victim. | ||
The training regarding domestic and sexual violence and |
the needs of expectant and parenting youth for staff required | ||
by this Section must be conducted by persons with expertise in | ||
domestic and sexual violence and the needs of expectant and | ||
parenting youth, and shall include, but is not limited to: | ||
(1) communicating with and listening to youth victims | ||
of domestic or sexual violence and expectant and parenting | ||
youth; | ||
(2) connecting youth victims of domestic or sexual | ||
violence and expectant and parenting youth to appropriate | ||
in-school services and other agencies, programs, and | ||
services as needed; | ||
(3) implementing the school district's policies, | ||
procedures, and protocols with regard to such youth, | ||
including confidentiality ; at . At a minimum, school | ||
personnel must be trained to understand, provide | ||
information and referrals, and address issues pertaining | ||
to youth who are parents, expectant parents, or victims of | ||
domestic or sexual violence; and | ||
(4) procedures for responding to incidents of teen | ||
dating violence that take place at the school, on school | ||
grounds, at school-sponsored activities, or in vehicles | ||
used for school-provided transportation as outlined in | ||
Section 3.10 of the Critical Health Problems and | ||
Comprehensive Health Education Act. | ||
(b-30) The training regarding protections and | ||
accommodations for students shall include, but is not limited |
to, instruction on the federal Americans with Disabilities | ||
Act, as it pertains to the school environment, and | ||
homelessness. Beginning with the 2024-2025 school year, | ||
training on homelessness must be completed within 6 months of | ||
an employee first being employed by a school board and renewed | ||
within 2 years. Beginning with the 2027-2028 school year, the | ||
training must be completed within 6 months of the employee | ||
first being employed by a school board and renewed at least | ||
once every 5 years thereafter. Training on homelessness shall | ||
include the following: | ||
(1) the definition of homeless children and youths | ||
under 42 U.S.C. 11434a; | ||
(2) the signs of homelessness and housing insecurity; | ||
(3) the rights of students experiencing homelessness | ||
under State and federal law; | ||
(4) the steps to take when a homeless or | ||
housing-insecure student is identified; and | ||
(5) the appropriate referral techniques, including the | ||
name and contact number of the school or school district | ||
homeless liaison. | ||
School boards may work with a community-based organization | ||
that specializes in working with homeless children and youth | ||
to develop and provide the training. | ||
(b-35) The training regarding educator ethics and | ||
responding to child sexual abuse and grooming behavior shall | ||
include, but is not limited to, teacher-student conduct, |
school employee-student conduct, and evidence-informed | ||
training on preventing, recognizing, reporting, and responding | ||
to child sexual abuse and grooming as outlined in Section | ||
10-23.13. | ||
(b-40) The training regarding effective instruction in | ||
violence prevention and conflict resolution required by this | ||
Section shall be conducted in accordance with the requirements | ||
of Section 27-23.4. | ||
(b-45) (c) Beginning July 1, 2024, all nonpublic | ||
elementary and secondary school teachers, administrators, and | ||
school support personnel shall complete the training set forth | ||
in subsection (b-5). Training must be completed within 6 | ||
months of first being employed by a nonpublic school and | ||
renewed at least once every 5 years, unless required more | ||
frequently by other State or federal law. If nonpublic | ||
teachers, administrators, or school support personnel obtain | ||
training from a public school district or nonpublic school | ||
employer, the teacher, administrator, or school support | ||
personnel may present documentation to the nonpublic school | ||
showing current compliance with this subsection to satisfy the | ||
requirement of receiving training within 6 months of first | ||
being employed. must include the definitions of trauma, | ||
trauma-responsive learning environments, and whole child set | ||
forth in subsection (b) of Section 3-11 of this Code and | ||
(c) (Blank). | ||
(d) (Blank). |
(e) (Blank). | ||
(f) (Blank). | ||
(g) At least once every 2 years, a school board shall | ||
conduct in-service training for all school district employees | ||
on the methods to respond to trauma. The training must include | ||
instruction on how to respond to an incident involving | ||
life-threatening bleeding and, if applicable, how to use a | ||
school's trauma kit. A school board may satisfy the training | ||
requirements under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
School district employees who are trained to respond to | ||
trauma pursuant to this subsection (g) shall be immune from | ||
civil liability in the use of a trauma kit unless the action | ||
constitutes willful or wanton misconduct. | ||
(h) (g) At least once every 2 years, a school board shall | ||
conduct in-service training on homelessness for all school | ||
personnel. The training shall include: | ||
(1) the definition of homeless children and youth | ||
under Section 11434a of Title 42 of the United States | ||
Code; | ||
(2) the signs of homelessness and housing insecurity; | ||
(3) the rights of students experiencing homelessness | ||
under State and federal law; | ||
(4) the steps to take when a homeless or | ||
housing-insecure student is identified; and |
(5) the appropriate referral techniques, including the | ||
name and contact number of the school or school district | ||
homeless liaison. | ||
A school board may work with a community-based | ||
organization that specializes in working with homeless | ||
children and youth to develop and provide the training. | ||
(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; | ||
102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff. | ||
6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see | ||
Section 905 of P.A. 103-563 for effective date of P.A. | ||
103-542); revised 11-27-23.) | ||
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) | ||
Sec. 14-7.02. Children attending private schools, public | ||
out-of-state schools, public school residential facilities or | ||
private special education facilities. | ||
(a) The General Assembly recognizes that non-public | ||
schools or special education facilities provide an important | ||
service in the educational system in Illinois. | ||
(b) If a student's individualized education program (IEP) | ||
team determines that because of his or her disability the | ||
special education program of a district is unable to meet the | ||
needs of the child and the child attends a non-public school or | ||
special education facility, a public out-of-state school or a | ||
special education facility owned and operated by a county | ||
government unit that provides special educational services |
required by the child and is in compliance with the | ||
appropriate rules and regulations of the State Superintendent | ||
of Education, the school district in which the child is a | ||
resident shall pay the actual cost of tuition for special | ||
education and related services provided during the regular | ||
school term and during the summer school term if the child's | ||
educational needs so require, excluding room, board and | ||
transportation costs charged the child by that non-public | ||
school or special education facility, public out-of-state | ||
school or county special education facility, or $4,500 per | ||
year, whichever is less, and shall provide him any necessary | ||
transportation. "Nonpublic special education facility" shall | ||
include a residential facility, within or without the State of | ||
Illinois, which provides special education and related | ||
services to meet the needs of the child by utilizing private | ||
schools or public schools, whether located on the site or off | ||
the site of the residential facility. Resident district | ||
financial responsibility and reimbursement applies for both | ||
nonpublic special education facilities that are approved by | ||
the State Board of Education pursuant to 23 Ill. Adm. Code 401 | ||
or other applicable laws or rules and for emergency | ||
residential placements in nonpublic special education | ||
facilities that are not approved by the State Board of | ||
Education pursuant to 23 Ill. Adm. Code 401 or other | ||
applicable laws or rules, subject to the requirements of this | ||
Section. |
(c) Prior to the placement of a child in an out-of-state | ||
special education residential facility, the school district | ||
must refer to the child or the child's parent or guardian the | ||
option to place the child in a special education residential | ||
facility located within this State, if any, that provides | ||
treatment and services comparable to those provided by the | ||
out-of-state special education residential facility. The | ||
school district must review annually the placement of a child | ||
in an out-of-state special education residential facility. As | ||
a part of the review, the school district must refer to the | ||
child or the child's parent or guardian the option to place the | ||
child in a comparable special education residential facility | ||
located within this State, if any. | ||
(c-5) Before a provider that operates a nonpublic special | ||
education facility terminates a student's placement in that | ||
facility, the provider must request an IEP meeting from the | ||
contracting school district. If the provider elects to | ||
terminate the student's placement following the IEP meeting, | ||
the provider must give written notice to this effect to the | ||
parent or guardian, the contracting public school district, | ||
and the State Board of Education no later than 20 business days | ||
before the date of termination, unless the health and safety | ||
of any student are endangered. The notice must include the | ||
detailed reasons for the termination and any actions taken to | ||
address the reason for the termination. | ||
(d) Payments shall be made by the resident school district |
to the entity providing the educational services, whether the | ||
entity is the nonpublic special education facility or the | ||
school district wherein the facility is located, no less than | ||
once per quarter, unless otherwise agreed to in writing by the | ||
parties. | ||
(e) A school district may residentially place a student in | ||
a nonpublic special education facility providing educational | ||
services, but not approved by the State Board of Education | ||
pursuant to 23 Ill. Adm. Code 401 or other applicable laws or | ||
rules, provided that the State Board of Education provides an | ||
emergency and student-specific approval for residential | ||
placement. The State Board of Education shall promptly, within | ||
10 days after the request, approve a request for emergency and | ||
student-specific approval for residential placement if the | ||
following have been demonstrated to the State Board of | ||
Education: | ||
(1) the facility demonstrates appropriate licensure of | ||
teachers for the student population; | ||
(2) the facility demonstrates age-appropriate | ||
curriculum; | ||
(3) the facility provides enrollment and attendance | ||
data; | ||
(4) the facility demonstrates the ability to implement | ||
the child's IEP; and | ||
(5) the school district demonstrates that it made good | ||
faith efforts to residentially place the student in an |
approved facility, but no approved facility has accepted | ||
the student or has availability for immediate residential | ||
placement of the student. | ||
A resident school district may also submit such proof to the | ||
State Board of Education as may be required for its student. | ||
The State Board of Education may not unreasonably withhold | ||
approval once satisfactory proof is provided to the State | ||
Board. | ||
(f) If an impartial due process hearing officer who is | ||
contracted by the State Board of Education pursuant to this | ||
Article orders placement of a student with a disability in a | ||
residential facility that is not approved by the State Board | ||
of Education, then, for purposes of this Section, the facility | ||
shall be deemed approved for placement and school district | ||
payments and State reimbursements shall be made accordingly. | ||
(g) Emergency residential placement in a facility approved | ||
pursuant to subsection (e) or (f) may continue to be utilized | ||
so long as (i) the student's IEP team determines annually that | ||
such placement continues to be appropriate to meet the | ||
student's needs and (ii) at least every 3 years following the | ||
student's residential placement, the IEP team reviews | ||
appropriate placements approved by the State Board of | ||
Education pursuant to 23 Ill. Adm. Code 401 or other | ||
applicable laws or rules to determine whether there are any | ||
approved placements that can meet the student's needs, have | ||
accepted the student, and have availability for placement of |
the student. | ||
(h) The State Board of Education shall promulgate rules | ||
and regulations for determining when placement in a private | ||
special education facility is appropriate. Such rules and | ||
regulations shall take into account the various types of | ||
services needed by a child and the availability of such | ||
services to the particular child in the public school. In | ||
developing these rules and regulations the State Board of | ||
Education shall consult with the Advisory Council on Education | ||
of Children with Disabilities and hold public hearings to | ||
secure recommendations from parents, school personnel, and | ||
others concerned about this matter. | ||
The State Board of Education shall also promulgate rules | ||
and regulations for transportation to and from a residential | ||
school. Transportation to and from home to a residential | ||
school more than once each school term shall be subject to | ||
prior approval by the State Superintendent in accordance with | ||
the rules and regulations of the State Board. | ||
(i) A school district making tuition payments pursuant to | ||
this Section is eligible for reimbursement from the State for | ||
the amount of such payments actually made in excess of the | ||
district per capita tuition charge for students not receiving | ||
special education services. Such reimbursement shall be | ||
approved in accordance with Section 14-12.01 and each district | ||
shall file its claims, computed in accordance with rules | ||
prescribed by the State Board of Education, on forms |
prescribed by the State Superintendent of Education. Data used | ||
as a basis of reimbursement claims shall be for the preceding | ||
regular school term and summer school term. Each school | ||
district shall transmit its claims to the State Board of | ||
Education on or before August 15. The State Board of | ||
Education, before approving any such claims, shall determine | ||
their accuracy and whether they are based upon services and | ||
facilities provided under approved programs. Upon approval the | ||
State Board shall cause vouchers to be prepared showing the | ||
amount due for payment of reimbursement claims to school | ||
districts, for transmittal to the State Comptroller on the | ||
30th day of September, December, and March, respectively, and | ||
the final voucher, no later than June 20. If the money | ||
appropriated by the General Assembly for such purpose for any | ||
year is insufficient, it shall be apportioned on the basis of | ||
the claims approved. | ||
(j) No child shall be placed in a special education | ||
program pursuant to this Section if the tuition cost for | ||
special education and related services increases more than 10 | ||
percent over the tuition cost for the previous school year or | ||
exceeds $4,500 per year unless such costs have been approved | ||
by the Illinois Purchased Care Review Board. The Illinois | ||
Purchased Care Review Board shall consist of the following | ||
persons, or their designees: the Directors of Children and | ||
Family Services, Public Health, Public Aid, and the Governor's | ||
Office of Management and Budget; the Secretary of Human |
Services; the State Superintendent of Education; and such | ||
other persons as the Governor may designate. The Review Board | ||
shall also consist of one non-voting member who is an | ||
administrator of a private, nonpublic, special education | ||
school. The Review Board shall establish rules and regulations | ||
for its determination of allowable costs and payments made by | ||
local school districts for special education, room and board, | ||
and other related services provided by non-public schools or | ||
special education facilities and shall establish uniform | ||
standards and criteria which it shall follow. The Review Board | ||
shall approve the usual and customary rate or rates of a | ||
special education program that (i) is offered by an | ||
out-of-state, non-public provider of integrated autism | ||
specific educational and autism specific residential services, | ||
(ii) offers 2 or more levels of residential care, including at | ||
least one locked facility, and (iii) serves 12 or fewer | ||
Illinois students. | ||
(k) In determining rates based on allowable costs, the | ||
Review Board shall consider any wage increases awarded by the | ||
General Assembly to front line personnel defined as direct | ||
support persons, aides, front-line supervisors, qualified | ||
intellectual disabilities professionals, nurses, and | ||
non-administrative support staff working in service settings | ||
in community-based settings within the State and adjust | ||
customary rates or rates of a special education program to be | ||
equitable to the wage increase awarded to similar staff |
positions in a community residential setting. Any wage | ||
increase awarded by the General Assembly to front line | ||
personnel defined as direct support persons, aides, front-line | ||
supervisors, qualified intellectual disabilities | ||
professionals, nurses, and non-administrative support staff | ||
working in community-based settings within the State, | ||
including the $0.75 per hour increase contained in Public Act | ||
100-23 and the $0.50 per hour increase included in Public Act | ||
100-23, shall also be a basis for any facility covered by this | ||
Section to appeal its rate before the Review Board under the | ||
process defined in Title 89, Part 900, Section 340 of the | ||
Illinois Administrative Code. Illinois Administrative Code | ||
Title 89, Part 900, Section 342 shall be updated to recognize | ||
wage increases awarded to community-based settings to be a | ||
basis for appeal. However, any wage increase that is captured | ||
upon appeal from a previous year shall not be counted by the | ||
Review Board as revenue for the purpose of calculating a | ||
facility's future rate. | ||
(l) Any definition used by the Review Board in | ||
administrative rule or policy to define "related | ||
organizations" shall include any and all exceptions contained | ||
in federal law or regulation as it pertains to the federal | ||
definition of "related organizations". | ||
(m) The Review Board shall establish uniform definitions | ||
and criteria for accounting separately by special education, | ||
room and board and other related services costs. The Board |
shall also establish guidelines for the coordination of | ||
services and financial assistance provided by all State | ||
agencies to assure that no otherwise qualified child with a | ||
disability receiving services under Article 14 shall be | ||
excluded from participation in, be denied the benefits of or | ||
be subjected to discrimination under any program or activity | ||
provided by any State agency. | ||
(n) The Review Board shall review the costs for special | ||
education and related services provided by non-public schools | ||
or special education facilities and shall approve or | ||
disapprove such facilities in accordance with the rules and | ||
regulations established by it with respect to allowable costs. | ||
(o) The State Board of Education shall provide | ||
administrative and staff support for the Review Board as | ||
deemed reasonable by the State Superintendent of Education. | ||
This support shall not include travel expenses or other | ||
compensation for any Review Board member other than the State | ||
Superintendent of Education. | ||
(p) The Review Board shall seek the advice of the Advisory | ||
Council on Education of Children with Disabilities on the | ||
rules and regulations to be promulgated by it relative to | ||
providing special education services. | ||
(q) If a child has been placed in a program in which the | ||
actual per pupil costs of tuition for special education and | ||
related services based on program enrollment, excluding room, | ||
board and transportation costs, exceed $4,500 and such costs |
have been approved by the Review Board, the district shall pay | ||
such total costs which exceed $4,500. A district making such | ||
tuition payments in excess of $4,500 pursuant to this Section | ||
shall be responsible for an amount in excess of $4,500 equal to | ||
the district per capita tuition charge and shall be eligible | ||
for reimbursement from the State for the amount of such | ||
payments actually made in excess of the districts per capita | ||
tuition charge for students not receiving special education | ||
services. | ||
(r) If a child has been placed in an approved individual | ||
program and the tuition costs including room and board costs | ||
have been approved by the Review Board, then such room and | ||
board costs shall be paid by the appropriate State agency | ||
subject to the provisions of Section 14-8.01 of this Act. Room | ||
and board costs not provided by a State agency other than the | ||
State Board of Education shall be provided by the State Board | ||
of Education on a current basis. In no event, however, shall | ||
the State's liability for funding of these tuition costs begin | ||
until after the legal obligations of third party payors have | ||
been subtracted from such costs. If the money appropriated by | ||
the General Assembly for such purpose for any year is | ||
insufficient, it shall be apportioned on the basis of the | ||
claims approved. Each district shall submit estimated claims | ||
to the State Superintendent of Education. Upon approval of | ||
such claims, the State Superintendent of Education shall | ||
direct the State Comptroller to make payments on a monthly |
basis. The frequency for submitting estimated claims and the | ||
method of determining payment shall be prescribed in rules and | ||
regulations adopted by the State Board of Education. Such | ||
current state reimbursement shall be reduced by an amount | ||
equal to the proceeds which the child or child's parents are | ||
eligible to receive under any public or private insurance or | ||
assistance program. Nothing in this Section shall be construed | ||
as relieving an insurer or similar third party from an | ||
otherwise valid obligation to provide or to pay for services | ||
provided to a child with a disability. | ||
(s) If it otherwise qualifies, a school district is | ||
eligible for the transportation reimbursement under Section | ||
14-13.01 and for the reimbursement of tuition payments under | ||
this Section whether the non-public school or special | ||
education facility, public out-of-state school or county | ||
special education facility, attended by a child who resides in | ||
that district and requires special educational services, is | ||
within or outside of the State of Illinois. However, a | ||
district is not eligible to claim transportation reimbursement | ||
under this Section unless the district certifies to the State | ||
Superintendent of Education that the district is unable to | ||
provide special educational services required by the child for | ||
the current school year. | ||
(t) Nothing in this Section authorizes the reimbursement | ||
of a school district for the amount paid for tuition of a child | ||
attending a non-public school or special education facility, |
public out-of-state school or county special education | ||
facility unless the school district certifies to the State | ||
Superintendent of Education that the special education program | ||
of that district is unable to meet the needs of that child | ||
because of his disability and the State Superintendent of | ||
Education finds that the school district is in substantial | ||
compliance with Section 14-4.01. However, if a child is | ||
unilaterally placed by a State agency or any court in a | ||
non-public school or special education facility, public | ||
out-of-state school, or county special education facility, a | ||
school district shall not be required to certify to the State | ||
Superintendent of Education, for the purpose of tuition | ||
reimbursement, that the special education program of that | ||
district is unable to meet the needs of a child because of his | ||
or her disability. | ||
(u) Any educational or related services provided, pursuant | ||
to this Section in a non-public school or special education | ||
facility or a special education facility owned and operated by | ||
a county government unit shall be at no cost to the parent or | ||
guardian of the child. However, current law and practices | ||
relative to contributions by parents or guardians for costs | ||
other than educational or related services are not affected by | ||
this amendatory Act of 1978. | ||
(v) Reimbursement for children attending public school | ||
residential facilities shall be made in accordance with the | ||
provisions of this Section. |
(w) Notwithstanding any other provision of law, any school | ||
district receiving a payment under this Section or under | ||
Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify | ||
all or a portion of the funds that it receives in a particular | ||
fiscal year or from general State aid pursuant to Section | ||
18-8.05 of this Code as funds received in connection with any | ||
funding program for which it is entitled to receive funds from | ||
the State in that fiscal year (including, without limitation, | ||
any funding program referenced in this Section), regardless of | ||
the source or timing of the receipt. The district may not | ||
classify more funds as funds received in connection with the | ||
funding program than the district is entitled to receive in | ||
that fiscal year for that program. Any classification by a | ||
district must be made by a resolution of its board of | ||
education. The resolution must identify the amount of any | ||
payments or general State aid to be classified under this | ||
paragraph and must specify the funding program to which the | ||
funds are to be treated as received in connection therewith. | ||
This resolution is controlling as to the classification of | ||
funds referenced therein. A certified copy of the resolution | ||
must be sent to the State Superintendent of Education. The | ||
resolution shall still take effect even though a copy of the | ||
resolution has not been sent to the State Superintendent of | ||
Education in a timely manner. No classification under this | ||
paragraph by a district shall affect the total amount or | ||
timing of money the district is entitled to receive under this |
Code. No classification under this paragraph by a district | ||
shall in any way relieve the district from or affect any | ||
requirements that otherwise would apply with respect to that | ||
funding program, including any accounting of funds by source, | ||
reporting expenditures by original source and purpose, | ||
reporting requirements, or requirements of providing services. | ||
(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; | ||
103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised | ||
8-30-23.) | ||
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02) | ||
Sec. 14-8.02. Identification, evaluation, and placement of | ||
children. | ||
(a) The State Board of Education shall make rules under | ||
which local school boards shall determine the eligibility of | ||
children to receive special education. Such rules shall ensure | ||
that a free appropriate public education be available to all | ||
children with disabilities as defined in Section 14-1.02. The | ||
State Board of Education shall require local school districts | ||
to administer non-discriminatory procedures or tests to | ||
English learners coming from homes in which a language other | ||
than English is used to determine their eligibility to receive | ||
special education. The placement of low English proficiency | ||
students in special education programs and facilities shall be | ||
made in accordance with the test results reflecting the | ||
student's linguistic, cultural and special education needs. |
For purposes of determining the eligibility of children the | ||
State Board of Education shall include in the rules | ||
definitions of "case study", "staff conference", | ||
"individualized educational program", and "qualified | ||
specialist" appropriate to each category of children with | ||
disabilities as defined in this Article. For purposes of | ||
determining the eligibility of children from homes in which a | ||
language other than English is used, the State Board of | ||
Education shall include in the rules definitions for | ||
"qualified bilingual specialists" and "linguistically and | ||
culturally appropriate individualized educational programs". | ||
For purposes of this Section, as well as Sections 14-8.02a, | ||
14-8.02b, and 14-8.02c of this Code, "parent" means a parent | ||
as defined in the federal Individuals with Disabilities | ||
Education Act (20 U.S.C. 1401(23)). | ||
(b) No child shall be eligible for special education | ||
facilities except with a carefully completed case study fully | ||
reviewed by professional personnel in a multidisciplinary | ||
staff conference and only upon the recommendation of qualified | ||
specialists or a qualified bilingual specialist, if available. | ||
At the conclusion of the multidisciplinary staff conference, | ||
the parent of the child and, if the child is in the legal | ||
custody of the Department of Children and Family Services, the | ||
Department's Office of Education and Transition Services shall | ||
be given a copy of the multidisciplinary conference summary | ||
report and recommendations, which includes options considered, |
and, in the case of the parent, be informed of his or her right | ||
to obtain an independent educational evaluation if he or she | ||
disagrees with the evaluation findings conducted or obtained | ||
by the school district. If the school district's evaluation is | ||
shown to be inappropriate, the school district shall reimburse | ||
the parent for the cost of the independent evaluation. The | ||
State Board of Education shall, with advice from the State | ||
Advisory Council on Education of Children with Disabilities on | ||
the inclusion of specific independent educational evaluators, | ||
prepare a list of suggested independent educational | ||
evaluators. The State Board of Education shall include on the | ||
list clinical psychologists licensed pursuant to the Clinical | ||
Psychologist Licensing Act. Such psychologists shall not be | ||
paid fees in excess of the amount that would be received by a | ||
school psychologist for performing the same services. The | ||
State Board of Education shall supply school districts with | ||
such list and make the list available to parents at their | ||
request. School districts shall make the list available to | ||
parents at the time they are informed of their right to obtain | ||
an independent educational evaluation. However, the school | ||
district may initiate an impartial due process hearing under | ||
this Section within 5 days of any written parent request for an | ||
independent educational evaluation to show that its evaluation | ||
is appropriate. If the final decision is that the evaluation | ||
is appropriate, the parent still has a right to an independent | ||
educational evaluation, but not at public expense. An |
independent educational evaluation at public expense must be | ||
completed within 30 days of a parent's parent written request | ||
unless the school district initiates an impartial due process | ||
hearing or the parent or school district offers reasonable | ||
grounds to show that such 30-day time period should be | ||
extended. If the due process hearing decision indicates that | ||
the parent is entitled to an independent educational | ||
evaluation, it must be completed within 30 days of the | ||
decision unless the parent or the school district offers | ||
reasonable grounds to show that such 30-day period should be | ||
extended. If a parent disagrees with the summary report or | ||
recommendations of the multidisciplinary conference or the | ||
findings of any educational evaluation which results | ||
therefrom, the school district shall not proceed with a | ||
placement based upon such evaluation and the child shall | ||
remain in his or her regular classroom setting. No child shall | ||
be eligible for admission to a special class for children with | ||
a mental disability who are educable or for children with a | ||
mental disability who are trainable except with a | ||
psychological evaluation and recommendation by a school | ||
psychologist. Consent shall be obtained from the parent of a | ||
child before any evaluation is conducted. If consent is not | ||
given by the parent or if the parent disagrees with the | ||
findings of the evaluation, then the school district may | ||
initiate an impartial due process hearing under this Section. | ||
The school district may evaluate the child if that is the |
decision resulting from the impartial due process hearing and | ||
the decision is not appealed or if the decision is affirmed on | ||
appeal. The determination of eligibility shall be made and the | ||
IEP meeting shall be completed within 60 school days from the | ||
date of written parental consent. In those instances when | ||
written parental consent is obtained with fewer than 60 pupil | ||
attendance days left in the school year, the eligibility | ||
determination shall be made and the IEP meeting shall be | ||
completed prior to the first day of the following school year. | ||
Special education and related services must be provided in | ||
accordance with the student's IEP no later than 10 school | ||
attendance days after notice is provided to the parents | ||
pursuant to Section 300.503 of Title 34 of the Code of Federal | ||
Regulations and implementing rules adopted by the State Board | ||
of Education. The appropriate program pursuant to the | ||
individualized educational program of students whose native | ||
tongue is a language other than English shall reflect the | ||
special education, cultural and linguistic needs. No later | ||
than September 1, 1993, the State Board of Education shall | ||
establish standards for the development, implementation and | ||
monitoring of appropriate bilingual special individualized | ||
educational programs. The State Board of Education shall | ||
further incorporate appropriate monitoring procedures to | ||
verify implementation of these standards. The district shall | ||
indicate to the parent, the State Board of Education, and, if | ||
applicable, the Department's Office of Education and |
Transition Services the nature of the services the child will | ||
receive for the regular school term while awaiting placement | ||
in the appropriate special education class. At the child's | ||
initial IEP meeting and at each annual review meeting, the | ||
child's IEP team shall provide the child's parent or guardian | ||
and, if applicable, the Department's Office of Education and | ||
Transition Services with a written notification that informs | ||
the parent or guardian or the Department's Office of Education | ||
and Transition Services that the IEP team is required to | ||
consider whether the child requires assistive technology in | ||
order to receive free, appropriate public education. The | ||
notification must also include a toll-free telephone number | ||
and internet address for the State's assistive technology | ||
program. | ||
If the child is deaf, hard of hearing, blind, or visually | ||
impaired or has an orthopedic impairment or physical | ||
disability and he or she might be eligible to receive services | ||
from the Illinois School for the Deaf, the Illinois School for | ||
the Visually Impaired, or the Illinois Center for | ||
Rehabilitation and Education-Roosevelt, the school district | ||
shall notify the parents, in writing, of the existence of | ||
these schools and the services they provide and shall make a | ||
reasonable effort to inform the parents of the existence of | ||
other, local schools that provide similar services and the | ||
services that these other schools provide. This notification | ||
shall include , without limitation , information on school |
services, school admissions criteria, and school contact | ||
information. | ||
In the development of the individualized education program | ||
for a student who has a disability on the autism spectrum | ||
(which includes autistic disorder, Asperger's disorder, | ||
pervasive developmental disorder not otherwise specified, | ||
childhood disintegrative disorder, and Rett Syndrome, as | ||
defined in the Diagnostic and Statistical Manual of Mental | ||
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||
consider all of the following factors: | ||
(1) The verbal and nonverbal communication needs of | ||
the child. | ||
(2) The need to develop social interaction skills and | ||
proficiencies. | ||
(3) The needs resulting from the child's unusual | ||
responses to sensory experiences. | ||
(4) The needs resulting from resistance to | ||
environmental change or change in daily routines. | ||
(5) The needs resulting from engagement in repetitive | ||
activities and stereotyped movements. | ||
(6) The need for any positive behavioral | ||
interventions, strategies, and supports to address any | ||
behavioral difficulties resulting from autism spectrum | ||
disorder. | ||
(7) Other needs resulting from the child's disability | ||
that impact progress in the general curriculum, including |
social and emotional development. | ||
Public Act 95-257 does not create any new entitlement to a | ||
service, program, or benefit, but must not affect any | ||
entitlement to a service, program, or benefit created by any | ||
other law. | ||
If the student may be eligible to participate in the | ||
Home-Based Support Services Program for Adults with Mental | ||
Disabilities authorized under the Developmental Disability and | ||
Mental Disability Services Act upon becoming an adult, the | ||
student's individualized education program shall include plans | ||
for (i) determining the student's eligibility for those | ||
home-based services, (ii) enrolling the student in the program | ||
of home-based services, and (iii) developing a plan for the | ||
student's most effective use of the home-based services after | ||
the student becomes an adult and no longer receives special | ||
educational services under this Article. The plans developed | ||
under this paragraph shall include specific actions to be | ||
taken by specified individuals, agencies, or officials. | ||
(c) In the development of the individualized education | ||
program for a student who is functionally blind, it shall be | ||
presumed that proficiency in Braille reading and writing is | ||
essential for the student's satisfactory educational progress. | ||
For purposes of this subsection, the State Board of Education | ||
shall determine the criteria for a student to be classified as | ||
functionally blind. Students who are not currently identified | ||
as functionally blind who are also entitled to Braille |
instruction include: (i) those whose vision loss is so severe | ||
that they are unable to read and write at a level comparable to | ||
their peers solely through the use of vision, and (ii) those | ||
who show evidence of progressive vision loss that may result | ||
in functional blindness. Each student who is functionally | ||
blind shall be entitled to Braille reading and writing | ||
instruction that is sufficient to enable the student to | ||
communicate with the same level of proficiency as other | ||
students of comparable ability. Instruction should be provided | ||
to the extent that the student is physically and cognitively | ||
able to use Braille. Braille instruction may be used in | ||
combination with other special education services appropriate | ||
to the student's educational needs. The assessment of each | ||
student who is functionally blind for the purpose of | ||
developing the student's individualized education program | ||
shall include documentation of the student's strengths and | ||
weaknesses in Braille skills. Each person assisting in the | ||
development of the individualized education program for a | ||
student who is functionally blind shall receive information | ||
describing the benefits of Braille instruction. The | ||
individualized education program for each student who is | ||
functionally blind shall specify the appropriate learning | ||
medium or media based on the assessment report. | ||
(d) To the maximum extent appropriate, the placement shall | ||
provide the child with the opportunity to be educated with | ||
children who do not have a disability; provided that children |
with disabilities who are recommended to be placed into | ||
regular education classrooms are provided with supplementary | ||
services to assist the children with disabilities to benefit | ||
from the regular classroom instruction and are included on the | ||
teacher's regular education class register. Subject to the | ||
limitation of the preceding sentence, placement in special | ||
classes, separate schools or other removal of the child with a | ||
disability from the regular educational environment shall | ||
occur only when the nature of the severity of the disability is | ||
such that education in the regular classes with the use of | ||
supplementary aids and services cannot be achieved | ||
satisfactorily. The placement of English learners with | ||
disabilities shall be in non-restrictive environments which | ||
provide for integration with peers who do not have | ||
disabilities in bilingual classrooms. Annually, each January, | ||
school districts shall report data on students from | ||
non-English speaking backgrounds receiving special education | ||
and related services in public and private facilities as | ||
prescribed in Section 2-3.30. If there is a disagreement | ||
between parties involved regarding the special education | ||
placement of any child, either in-state or out-of-state, the | ||
placement is subject to impartial due process procedures | ||
described in Article 10 of the Rules and Regulations to Govern | ||
the Administration and Operation of Special Education. | ||
(e) No child who comes from a home in which a language | ||
other than English is the principal language used may be |
assigned to any class or program under this Article until he | ||
has been given, in the principal language used by the child and | ||
used in his home, tests reasonably related to his cultural | ||
environment. All testing and evaluation materials and | ||
procedures utilized for evaluation and placement shall not be | ||
linguistically, racially or culturally discriminatory. | ||
(f) Nothing in this Article shall be construed to require | ||
any child to undergo any physical examination or medical | ||
treatment whose parents object thereto on the grounds that | ||
such examination or treatment conflicts with his religious | ||
beliefs. | ||
(g) School boards or their designee shall provide to the | ||
parents of a child or, if applicable, the Department of | ||
Children and Family Services' Office of Education and | ||
Transition Services prior written notice of any decision (a) | ||
proposing to initiate or change, or (b) refusing to initiate | ||
or change, the identification, evaluation, or educational | ||
placement of the child or the provision of a free appropriate | ||
public education to their child, and the reasons therefor. For | ||
a parent, such written notification shall also inform the | ||
parent of the opportunity to present complaints with respect | ||
to any matter relating to the educational placement of the | ||
student, or the provision of a free appropriate public | ||
education and to have an impartial due process hearing on the | ||
complaint. The notice shall inform the parents in the parents' | ||
native language, unless it is clearly not feasible to do so, of |
their rights and all procedures available pursuant to this Act | ||
and the federal Individuals with Disabilities Education | ||
Improvement Act of 2004 (Public Law 108-446); it shall be the | ||
responsibility of the State Superintendent to develop uniform | ||
notices setting forth the procedures available under this Act | ||
and the federal Individuals with Disabilities Education | ||
Improvement Act of 2004 (Public Law 108-446) to be used by all | ||
school boards. The notice shall also inform the parents of the | ||
availability upon request of a list of free or low-cost legal | ||
and other relevant services available locally to assist | ||
parents in initiating an impartial due process hearing. The | ||
State Superintendent shall revise the uniform notices required | ||
by this subsection (g) to reflect current law and procedures | ||
at least once every 2 years. Any parent who is deaf or does not | ||
normally communicate using spoken English and who participates | ||
in a meeting with a representative of a local educational | ||
agency for the purposes of developing an individualized | ||
educational program or attends a multidisciplinary conference | ||
shall be entitled to the services of an interpreter. The State | ||
Board of Education must adopt rules to establish the criteria, | ||
standards, and competencies for a bilingual language | ||
interpreter who attends an individualized education program | ||
meeting under this subsection to assist a parent who has | ||
limited English proficiency. | ||
(g-5) For purposes of this subsection (g-5), "qualified | ||
professional" means an individual who holds credentials to |
evaluate the child in the domain or domains for which an | ||
evaluation is sought or an intern working under the direct | ||
supervision of a qualified professional, including a master's | ||
or doctoral degree candidate. | ||
To ensure that a parent can participate fully and | ||
effectively with school personnel in the development of | ||
appropriate educational and related services for his or her | ||
child, the parent, an independent educational evaluator, or a | ||
qualified professional retained by or on behalf of a parent or | ||
child must be afforded reasonable access to educational | ||
facilities, personnel, classrooms, and buildings and to the | ||
child as provided in this subsection (g-5). The requirements | ||
of this subsection (g-5) apply to any public school facility, | ||
building, or program and to any facility, building, or program | ||
supported in whole or in part by public funds. Prior to | ||
visiting a school, school building, or school facility, the | ||
parent, independent educational evaluator, or qualified | ||
professional may be required by the school district to inform | ||
the building principal or supervisor in writing of the | ||
proposed visit, the purpose of the visit, and the approximate | ||
duration of the visit. The visitor and the school district | ||
shall arrange the visit or visits at times that are mutually | ||
agreeable. Visitors shall comply with school safety, security, | ||
and visitation policies at all times. School district | ||
visitation policies must not conflict with this subsection | ||
(g-5). Visitors shall be required to comply with the |
requirements of applicable privacy laws, including those laws | ||
protecting the confidentiality of education records such as | ||
the federal Family Educational Rights and Privacy Act and the | ||
Illinois School Student Records Act. The visitor shall not | ||
disrupt the educational process. | ||
(1) A parent must be afforded reasonable access of | ||
sufficient duration and scope for the purpose of observing | ||
his or her child in the child's current educational | ||
placement, services, or program or for the purpose of | ||
visiting an educational placement or program proposed for | ||
the child. | ||
(2) An independent educational evaluator or a | ||
qualified professional retained by or on behalf of a | ||
parent or child must be afforded reasonable access of | ||
sufficient duration and scope for the purpose of | ||
conducting an evaluation of the child, the child's | ||
performance, the child's current educational program, | ||
placement, services, or environment, or any educational | ||
program, placement, services, or environment proposed for | ||
the child, including interviews of educational personnel, | ||
child observations, assessments, tests or assessments of | ||
the child's educational program, services, or placement or | ||
of any proposed educational program, services, or | ||
placement. If one or more interviews of school personnel | ||
are part of the evaluation, the interviews must be | ||
conducted at a mutually agreed-upon agreed upon time, |
date, and place that do not interfere with the school | ||
employee's school duties. The school district may limit | ||
interviews to personnel having information relevant to the | ||
child's current educational services, program, or | ||
placement or to a proposed educational service, program, | ||
or placement. | ||
(h) In the development of the individualized education | ||
program or federal Section 504 plan for a student, if the | ||
student needs extra accommodation during emergencies, | ||
including natural disasters or an active shooter situation, | ||
then that accommodation shall be taken into account when | ||
developing the student's individualized education program or | ||
federal Section 504 plan. | ||
(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; | ||
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. | ||
6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.) | ||
(105 ILCS 5/18-8.15) | ||
Sec. 18-8.15. Evidence-Based Funding for student success | ||
for the 2017-2018 and subsequent school years. | ||
(a) General provisions. | ||
(1) The purpose of this Section is to ensure that, by | ||
June 30, 2027 and beyond, this State has a kindergarten | ||
through grade 12 public education system with the capacity | ||
to ensure the educational development of all persons to | ||
the limits of their capacities in accordance with Section |
1 of Article X of the Constitution of the State of | ||
Illinois. To accomplish that objective, this Section | ||
creates a method of funding public education that is | ||
evidence-based; is sufficient to ensure every student | ||
receives a meaningful opportunity to learn irrespective of | ||
race, ethnicity, sexual orientation, gender, or | ||
community-income level; and is sustainable and | ||
predictable. When fully funded under this Section, every | ||
school shall have the resources, based on what the | ||
evidence indicates is needed, to: | ||
(A) provide all students with a high quality | ||
education that offers the academic, enrichment, social | ||
and emotional support, technical, and career-focused | ||
programs that will allow them to become competitive | ||
workers, responsible parents, productive citizens of | ||
this State, and active members of our national | ||
democracy; | ||
(B) ensure all students receive the education they | ||
need to graduate from high school with the skills | ||
required to pursue post-secondary education and | ||
training for a rewarding career; | ||
(C) reduce, with a goal of eliminating, the | ||
achievement gap between at-risk and non-at-risk | ||
students by raising the performance of at-risk | ||
students and not by reducing standards; and | ||
(D) ensure this State satisfies its obligation to |
assume the primary responsibility to fund public | ||
education and simultaneously relieve the | ||
disproportionate burden placed on local property taxes | ||
to fund schools. | ||
(2) The Evidence-Based Funding formula under this | ||
Section shall be applied to all Organizational Units in | ||
this State. The Evidence-Based Funding formula outlined in | ||
this Act is based on the formula outlined in Senate Bill 1 | ||
of the 100th General Assembly, as passed by both | ||
legislative chambers. As further defined and described in | ||
this Section, there are 4 major components of the | ||
Evidence-Based Funding model: | ||
(A) First, the model calculates a unique Adequacy | ||
Target for each Organizational Unit in this State that | ||
considers the costs to implement research-based | ||
activities, the unit's student demographics, and | ||
regional wage differences. | ||
(B) Second, the model calculates each | ||
Organizational Unit's Local Capacity, or the amount | ||
each Organizational Unit is assumed to contribute | ||
toward its Adequacy Target from local resources. | ||
(C) Third, the model calculates how much funding | ||
the State currently contributes to the Organizational | ||
Unit and adds that to the unit's Local Capacity to | ||
determine the unit's overall current adequacy of | ||
funding. |
(D) Finally, the model's distribution method | ||
allocates new State funding to those Organizational | ||
Units that are least well-funded, considering both | ||
Local Capacity and State funding, in relation to their | ||
Adequacy Target. | ||
(3) An Organizational Unit receiving any funding under | ||
this Section may apply those funds to any fund so received | ||
for which that Organizational Unit is authorized to make | ||
expenditures by law. | ||
(4) As used in this Section, the following terms shall | ||
have the meanings ascribed in this paragraph (4): | ||
"Adequacy Target" is defined in paragraph (1) of | ||
subsection (b) of this Section. | ||
"Adjusted EAV" is defined in paragraph (4) of | ||
subsection (d) of this Section. | ||
"Adjusted Local Capacity Target" is defined in | ||
paragraph (3) of subsection (c) of this Section. | ||
"Adjusted Operating Tax Rate" means a tax rate for all | ||
Organizational Units, for which the State Superintendent | ||
shall calculate and subtract for the Operating Tax Rate a | ||
transportation rate based on total expenses for | ||
transportation services under this Code, as reported on | ||
the most recent Annual Financial Report in Pupil | ||
Transportation Services, function 2550 in both the | ||
Education and Transportation funds and functions 4110 and | ||
4120 in the Transportation fund, less any corresponding |
fiscal year State of Illinois scheduled payments excluding | ||
net adjustments for prior years for regular, vocational, | ||
or special education transportation reimbursement pursuant | ||
to Section 29-5 or subsection (b) of Section 14-13.01 of | ||
this Code divided by the Adjusted EAV. If an | ||
Organizational Unit's corresponding fiscal year State of | ||
Illinois scheduled payments excluding net adjustments for | ||
prior years for regular, vocational, or special education | ||
transportation reimbursement pursuant to Section 29-5 or | ||
subsection (b) of Section 14-13.01 of this Code exceed the | ||
total transportation expenses, as defined in this | ||
paragraph, no transportation rate shall be subtracted from | ||
the Operating Tax Rate. | ||
"Allocation Rate" is defined in paragraph (3) of | ||
subsection (g) of this Section. | ||
"Alternative School" means a public school that is | ||
created and operated by a regional superintendent of | ||
schools and approved by the State Board. | ||
"Applicable Tax Rate" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Assessment" means any of those benchmark, progress | ||
monitoring, formative, diagnostic, and other assessments, | ||
in addition to the State accountability assessment, that | ||
assist teachers' needs in understanding the skills and | ||
meeting the needs of the students they serve. | ||
"Assistant principal" means a school administrator |
duly endorsed to be employed as an assistant principal in | ||
this State. | ||
"At-risk student" means a student who is at risk of | ||
not meeting the Illinois Learning Standards or not | ||
graduating from elementary or high school and who | ||
demonstrates a need for vocational support or social | ||
services beyond that provided by the regular school | ||
program. All students included in an Organizational Unit's | ||
Low-Income Count, as well as all English learner and | ||
disabled students attending the Organizational Unit, shall | ||
be considered at-risk students under this Section. | ||
"Average Student Enrollment" or "ASE" for fiscal year | ||
2018 means, for an Organizational Unit, the greater of the | ||
average number of students (grades K through 12) reported | ||
to the State Board as enrolled in the Organizational Unit | ||
on October 1 in the immediately preceding school year, | ||
plus the pre-kindergarten students who receive special | ||
education services of 2 or more hours a day as reported to | ||
the State Board on December 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1, plus the | ||
pre-kindergarten students who receive special education | ||
services of 2 or more hours a day as reported to the State | ||
Board on December 1, for each of the immediately preceding | ||
3 school years. For fiscal year 2019 and each subsequent |
fiscal year, "Average Student Enrollment" or "ASE" means, | ||
for an Organizational Unit, the greater of the average | ||
number of students (grades K through 12) reported to the | ||
State Board as enrolled in the Organizational Unit on | ||
October 1 and March 1 in the immediately preceding school | ||
year, plus the pre-kindergarten students who receive | ||
special education services as reported to the State Board | ||
on October 1 and March 1 in the immediately preceding | ||
school year, or the average number of students (grades K | ||
through 12) reported to the State Board as enrolled in the | ||
Organizational Unit on October 1 and March 1, plus the | ||
pre-kindergarten students who receive special education | ||
services as reported to the State Board on October 1 and | ||
March 1, for each of the immediately preceding 3 school | ||
years. For the purposes of this definition, "enrolled in | ||
the Organizational Unit" means the number of students | ||
reported to the State Board who are enrolled in schools | ||
within the Organizational Unit that the student attends or | ||
would attend if not placed or transferred to another | ||
school or program to receive needed services. For the | ||
purposes of calculating "ASE", all students, grades K | ||
through 12, excluding those attending kindergarten for a | ||
half day and students attending an alternative education | ||
program operated by a regional office of education or | ||
intermediate service center, shall be counted as 1.0. All | ||
students attending kindergarten for a half day shall be |
counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||
subsequent years, the school district reports to the State | ||
Board of Education the intent to implement full-day | ||
kindergarten district-wide for all students, then all | ||
students attending kindergarten shall be counted as 1.0. | ||
Special education pre-kindergarten students shall be | ||
counted as 0.5 each. If the State Board does not collect or | ||
has not collected both an October 1 and March 1 enrollment | ||
count by grade or a December 1 collection of special | ||
education pre-kindergarten students as of August 31, 2017 | ||
(the effective date of Public Act 100-465), it shall | ||
establish such collection for all future years. For any | ||
year in which a count by grade level was collected only | ||
once, that count shall be used as the single count | ||
available for computing a 3-year average ASE. Funding for | ||
programs operated by a regional office of education or an | ||
intermediate service center must be calculated using the | ||
Evidence-Based Funding formula under this Section for the | ||
2019-2020 school year and each subsequent school year | ||
until separate adequacy formulas are developed and adopted | ||
for each type of program. ASE for a program operated by a | ||
regional office of education or an intermediate service | ||
center must be determined by the March 1 enrollment for | ||
the program. For the 2019-2020 school year, the ASE used | ||
in the calculation must be the first-year ASE and, in that | ||
year only, the assignment of students served by a regional |
office of education or intermediate service center shall | ||
not result in a reduction of the March enrollment for any | ||
school district. For the 2020-2021 school year, the ASE | ||
must be the greater of the current-year ASE or the 2-year | ||
average ASE. Beginning with the 2021-2022 school year, the | ||
ASE must be the greater of the current-year ASE or the | ||
3-year average ASE. School districts shall submit the data | ||
for the ASE calculation to the State Board within 45 days | ||
of the dates required in this Section for submission of | ||
enrollment data in order for it to be included in the ASE | ||
calculation. For fiscal year 2018 only, the ASE | ||
calculation shall include only enrollment taken on October | ||
1. In recognition of the impact of COVID-19, the | ||
definition of "Average Student Enrollment" or "ASE" shall | ||
be adjusted for calculations under this Section for fiscal | ||
years 2022 through 2024. For fiscal years 2022 through | ||
2024, the enrollment used in the calculation of ASE | ||
representing the 2020-2021 school year shall be the | ||
greater of the enrollment for the 2020-2021 school year or | ||
the 2019-2020 school year. | ||
"Base Funding Guarantee" is defined in paragraph (10) | ||
of subsection (g) of this Section. | ||
"Base Funding Minimum" is defined in subsection (e) of | ||
this Section. | ||
"Base Tax Year" means the property tax levy year used | ||
to calculate the Budget Year allocation of primary State |
aid. | ||
"Base Tax Year's Extension" means the product of the | ||
equalized assessed valuation utilized by the county clerk | ||
in the Base Tax Year multiplied by the limiting rate as | ||
calculated by the county clerk and defined in PTELL. | ||
"Bilingual Education Allocation" means the amount of | ||
an Organizational Unit's final Adequacy Target | ||
attributable to bilingual education divided by the | ||
Organizational Unit's final Adequacy Target, the product | ||
of which shall be multiplied by the amount of new funding | ||
received pursuant to this Section. An Organizational | ||
Unit's final Adequacy Target attributable to bilingual | ||
education shall include all additional investments in | ||
English learner students' adequacy elements. | ||
"Budget Year" means the school year for which primary | ||
State aid is calculated and awarded under this Section. | ||
"Central office" means individual administrators and | ||
support service personnel charged with managing the | ||
instructional programs, business and operations, and | ||
security of the Organizational Unit. | ||
"Comparable Wage Index" or "CWI" means a regional cost | ||
differentiation metric that measures systemic, regional | ||
variations in the salaries of college graduates who are | ||
not educators. The CWI utilized for this Section shall, | ||
for the first 3 years of Evidence-Based Funding | ||
implementation, be the CWI initially developed by the |
National Center for Education Statistics, as most recently | ||
updated by Texas A & M University. In the fourth and | ||
subsequent years of Evidence-Based Funding implementation, | ||
the State Superintendent shall re-determine the CWI using | ||
a similar methodology to that identified in the Texas A & M | ||
University study, with adjustments made no less frequently | ||
than once every 5 years. | ||
"Computer technology and equipment" means computers | ||
servers, notebooks, network equipment, copiers, printers, | ||
instructional software, security software, curriculum | ||
management courseware, and other similar materials and | ||
equipment. | ||
"Computer technology and equipment investment | ||
allocation" means the final Adequacy Target amount of an | ||
Organizational Unit assigned to Tier 1 or Tier 2 in the | ||
prior school year attributable to the additional $285.50 | ||
per student computer technology and equipment investment | ||
grant divided by the Organizational Unit's final Adequacy | ||
Target, the result of which shall be multiplied by the | ||
amount of new funding received pursuant to this Section. | ||
An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||
Adequacy Target attributable to the received computer | ||
technology and equipment investment grant shall include | ||
all additional investments in computer technology and | ||
equipment adequacy elements. | ||
"Core subject" means mathematics; science; reading, |
English, writing, and language arts; history and social | ||
studies; world languages; and subjects taught as Advanced | ||
Placement in high schools. | ||
"Core teacher" means a regular classroom teacher in | ||
elementary schools and teachers of a core subject in | ||
middle and high schools. | ||
"Core Intervention teacher (tutor)" means a licensed | ||
teacher providing one-on-one or small group tutoring to | ||
students struggling to meet proficiency in core subjects. | ||
"CPPRT" means corporate personal property replacement | ||
tax funds paid to an Organizational Unit during the | ||
calendar year one year before the calendar year in which a | ||
school year begins, pursuant to "An Act in relation to the | ||
abolition of ad valorem personal property tax and the | ||
replacement of revenues lost thereby, and amending and | ||
repealing certain Acts and parts of Acts in connection | ||
therewith", certified August 14, 1979, as amended (Public | ||
Act 81-1st S.S.-1). | ||
"EAV" means equalized assessed valuation as defined in | ||
paragraph (2) of subsection (d) of this Section and | ||
calculated in accordance with paragraph (3) of subsection | ||
(d) of this Section. | ||
"ECI" means the Bureau of Labor Statistics' national | ||
employment cost index for civilian workers in educational | ||
services in elementary and secondary schools on a | ||
cumulative basis for the 12-month calendar year preceding |
the fiscal year of the Evidence-Based Funding calculation. | ||
"EIS Data" means the employment information system | ||
data maintained by the State Board on educators within | ||
Organizational Units. | ||
"Employee benefits" means health, dental, and vision | ||
insurance offered to employees of an Organizational Unit, | ||
the costs associated with the statutorily required payment | ||
of the normal cost of the Organizational Unit's teacher | ||
pensions, Social Security employer contributions, and | ||
Illinois Municipal Retirement Fund employer contributions. | ||
"English learner" or "EL" means a child included in | ||
the definition of "English learners" under Section 14C-2 | ||
of this Code participating in a program of transitional | ||
bilingual education or a transitional program of | ||
instruction meeting the requirements and program | ||
application procedures of Article 14C of this Code. For | ||
the purposes of collecting the number of EL students | ||
enrolled, the same collection and calculation methodology | ||
as defined above for "ASE" shall apply to English | ||
learners, with the exception that EL student enrollment | ||
shall include students in grades pre-kindergarten through | ||
12. | ||
"Essential Elements" means those elements, resources, | ||
and educational programs that have been identified through | ||
academic research as necessary to improve student success, | ||
improve academic performance, close achievement gaps, and |
provide for other per student costs related to the | ||
delivery and leadership of the Organizational Unit, as | ||
well as the maintenance and operations of the unit, and | ||
which are specified in paragraph (2) of subsection (b) of | ||
this Section. | ||
"Evidence-Based Funding" means State funding provided | ||
to an Organizational Unit pursuant to this Section. | ||
"Extended day" means academic and enrichment programs | ||
provided to students outside the regular school day before | ||
and after school or during non-instructional times during | ||
the school day. | ||
"Extension Limitation Ratio" means a numerical ratio | ||
in which the numerator is the Base Tax Year's Extension | ||
and the denominator is the Preceding Tax Year's Extension. | ||
"Final Percent of Adequacy" is defined in paragraph | ||
(4) of subsection (f) of this Section. | ||
"Final Resources" is defined in paragraph (3) of | ||
subsection (f) of this Section. | ||
"Full-time equivalent" or "FTE" means the full-time | ||
equivalency compensation for staffing the relevant | ||
position at an Organizational Unit. | ||
"Funding Gap" is defined in paragraph (1) of | ||
subsection (g). | ||
"Hybrid District" means a partial elementary unit | ||
district created pursuant to Article 11E of this Code. | ||
"Instructional assistant" means a core or special |
education, non-licensed employee who assists a teacher in | ||
the classroom and provides academic support to students. | ||
"Instructional facilitator" means a qualified teacher | ||
or licensed teacher leader who facilitates and coaches | ||
continuous improvement in classroom instruction; provides | ||
instructional support to teachers in the elements of | ||
research-based instruction or demonstrates the alignment | ||
of instruction with curriculum standards and assessment | ||
tools; develops or coordinates instructional programs or | ||
strategies; develops and implements training; chooses | ||
standards-based instructional materials; provides | ||
teachers with an understanding of current research; serves | ||
as a mentor, site coach, curriculum specialist, or lead | ||
teacher; or otherwise works with fellow teachers, in | ||
collaboration, to use data to improve instructional | ||
practice or develop model lessons. | ||
"Instructional materials" means relevant | ||
instructional materials for student instruction, | ||
including, but not limited to, textbooks, consumable | ||
workbooks, laboratory equipment, library books, and other | ||
similar materials. | ||
"Laboratory School" means a public school that is | ||
created and operated by a public university and approved | ||
by the State Board. | ||
"Librarian" means a teacher with an endorsement as a | ||
library information specialist or another individual whose |
primary responsibility is overseeing library resources | ||
within an Organizational Unit. | ||
"Limiting rate for Hybrid Districts" means the | ||
combined elementary school and high school limiting rates. | ||
"Local Capacity" is defined in paragraph (1) of | ||
subsection (c) of this Section. | ||
"Local Capacity Percentage" is defined in subparagraph | ||
(A) of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Ratio" is defined in subparagraph (B) | ||
of paragraph (2) of subsection (c) of this Section. | ||
"Local Capacity Target" is defined in paragraph (2) of | ||
subsection (c) of this Section. | ||
"Low-Income Count" means, for an Organizational Unit | ||
in a fiscal year, the higher of the average number of | ||
students for the prior school year or the immediately | ||
preceding 3 school years who, as of July 1 of the | ||
immediately preceding fiscal year (as determined by the | ||
Department of Human Services), are eligible for at least | ||
one of the following low-income programs: Medicaid, the | ||
Children's Health Insurance Program, Temporary Assistance | ||
for Needy Families (TANF), or the Supplemental Nutrition | ||
Assistance Program, excluding pupils who are eligible for | ||
services provided by the Department of Children and Family | ||
Services. Until such time that grade level low-income | ||
populations become available, grade level low-income | ||
populations shall be determined by applying the low-income |
percentage to total student enrollments by grade level. | ||
The low-income percentage is determined by dividing the | ||
Low-Income Count by the Average Student Enrollment. The | ||
low-income percentage for programs operated by a regional | ||
office of education or an intermediate service center must | ||
be set to the weighted average of the low-income | ||
percentages of all of the school districts in the service | ||
region. The weighted low-income percentage is the result | ||
of multiplying the low-income percentage of each school | ||
district served by the regional office of education or | ||
intermediate service center by each school district's | ||
Average Student Enrollment, summarizing those products and | ||
dividing the total by the total Average Student Enrollment | ||
for the service region. | ||
"Maintenance and operations" means custodial services, | ||
facility and ground maintenance, facility operations, | ||
facility security, routine facility repairs, and other | ||
similar services and functions. | ||
"Minimum Funding Level" is defined in paragraph (9) of | ||
subsection (g) of this Section. | ||
"New Property Tax Relief Pool Funds" means, for any | ||
given fiscal year, all State funds appropriated under | ||
Section 2-3.170 of this Code. | ||
"New State Funds" means, for a given school year, all | ||
State funds appropriated for Evidence-Based Funding in | ||
excess of the amount needed to fund the Base Funding |
Minimum for all Organizational Units in that school year. | ||
"Nurse" means an individual licensed as a certified | ||
school nurse, in accordance with the rules established for | ||
nursing services by the State Board, who is an employee of | ||
and is available to provide health care-related services | ||
for students of an Organizational Unit. | ||
"Operating Tax Rate" means the rate utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
For Hybrid Districts, the Operating Tax Rate shall be the | ||
combined elementary and high school rates utilized in the | ||
previous year to extend property taxes for all purposes, | ||
except Bond and Interest, Summer School, Rent, Capital | ||
Improvement, and Vocational Education Building purposes. | ||
"Organizational Unit" means a Laboratory School or any | ||
public school district that is recognized as such by the | ||
State Board and that contains elementary schools typically | ||
serving kindergarten through 5th grades, middle schools | ||
typically serving 6th through 8th grades, high schools | ||
typically serving 9th through 12th grades, a program | ||
established under Section 2-3.66 or 2-3.41, or a program | ||
operated by a regional office of education or an | ||
intermediate service center under Article 13A or 13B. The | ||
General Assembly acknowledges that the actual grade levels | ||
served by a particular Organizational Unit may vary |
slightly from what is typical. | ||
"Organizational Unit CWI" is determined by calculating | ||
the CWI in the region and original county in which an | ||
Organizational Unit's primary administrative office is | ||
located as set forth in this paragraph, provided that if | ||
the Organizational Unit CWI as calculated in accordance | ||
with this paragraph is less than 0.9, the Organizational | ||
Unit CWI shall be increased to 0.9. Each county's current | ||
CWI value shall be adjusted based on the CWI value of that | ||
county's neighboring Illinois counties, to create a | ||
"weighted adjusted index value". This shall be calculated | ||
by summing the CWI values of all of a county's adjacent | ||
Illinois counties and dividing by the number of adjacent | ||
Illinois counties, then taking the weighted value of the | ||
original county's CWI value and the adjacent Illinois | ||
county average. To calculate this weighted value, if the | ||
number of adjacent Illinois counties is greater than 2, | ||
the original county's CWI value will be weighted at 0.25 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.75. If the number of adjacent Illinois counties is 2, | ||
the original county's CWI value will be weighted at 0.33 | ||
and the adjacent Illinois county average will be weighted | ||
at 0.66. The greater of the county's current CWI value and | ||
its weighted adjusted index value shall be used as the | ||
Organizational Unit CWI. | ||
"Preceding Tax Year" means the property tax levy year |
immediately preceding the Base Tax Year. | ||
"Preceding Tax Year's Extension" means the product of | ||
the equalized assessed valuation utilized by the county | ||
clerk in the Preceding Tax Year multiplied by the | ||
Operating Tax Rate. | ||
"Preliminary Percent of Adequacy" is defined in | ||
paragraph (2) of subsection (f) of this Section. | ||
"Preliminary Resources" is defined in paragraph (2) of | ||
subsection (f) of this Section. | ||
"Principal" means a school administrator duly endorsed | ||
to be employed as a principal in this State. | ||
"Professional development" means training programs for | ||
licensed staff in schools, including, but not limited to, | ||
programs that assist in implementing new curriculum | ||
programs, provide data focused or academic assessment data | ||
training to help staff identify a student's weaknesses and | ||
strengths, target interventions, improve instruction, | ||
encompass instructional strategies for English learner, | ||
gifted, or at-risk students, address inclusivity, cultural | ||
sensitivity, or implicit bias, or otherwise provide | ||
professional support for licensed staff. | ||
"Prototypical" means 450 special education | ||
pre-kindergarten and kindergarten through grade 5 students | ||
for an elementary school, 450 grade 6 through 8 students | ||
for a middle school, and 600 grade 9 through 12 students | ||
for a high school. |
"PTELL" means the Property Tax Extension Limitation | ||
Law. | ||
"PTELL EAV" is defined in paragraph (4) of subsection | ||
(d) of this Section. | ||
"Pupil support staff" means a nurse, psychologist, | ||
social worker, family liaison personnel, or other staff | ||
member who provides support to at-risk or struggling | ||
students. | ||
"Real Receipts" is defined in paragraph (1) of | ||
subsection (d) of this Section. | ||
"Regionalization Factor" means, for a particular | ||
Organizational Unit, the figure derived by dividing the | ||
Organizational Unit CWI by the Statewide Weighted CWI. | ||
"School counselor" means a licensed school counselor | ||
who provides guidance and counseling support for students | ||
within an Organizational Unit. | ||
"School site staff" means the primary school secretary | ||
and any additional clerical personnel assigned to a | ||
school. | ||
"Special education" means special educational | ||
facilities and services, as defined in Section 14-1.08 of | ||
this Code. | ||
"Special Education Allocation" means the amount of an | ||
Organizational Unit's final Adequacy Target attributable | ||
to special education divided by the Organizational Unit's | ||
final Adequacy Target, the product of which shall be |
multiplied by the amount of new funding received pursuant | ||
to this Section. An Organizational Unit's final Adequacy | ||
Target attributable to special education shall include all | ||
special education investment adequacy elements. | ||
"Specialist teacher" means a teacher who provides | ||
instruction in subject areas not included in core | ||
subjects, including, but not limited to, art, music, | ||
physical education, health, driver education, | ||
career-technical education, and such other subject areas | ||
as may be mandated by State law or provided by an | ||
Organizational Unit. | ||
"Specially Funded Unit" means an Alternative School, | ||
safe school, Department of Juvenile Justice school, | ||
special education cooperative or entity recognized by the | ||
State Board as a special education cooperative, | ||
State-approved charter school, or alternative learning | ||
opportunities program that received direct funding from | ||
the State Board during the 2016-2017 school year through | ||
any of the funding sources included within the calculation | ||
of the Base Funding Minimum or Glenwood Academy. | ||
"Supplemental Grant Funding" means supplemental | ||
general State aid funding received by an Organizational | ||
Unit during the 2016-2017 school year pursuant to | ||
subsection (H) of Section 18-8.05 of this Code (now | ||
repealed). | ||
"State Adequacy Level" is the sum of the Adequacy |
Targets of all Organizational Units. | ||
"State Board" means the State Board of Education. | ||
"State Superintendent" means the State Superintendent | ||
of Education. | ||
"Statewide Weighted CWI" means a figure determined by | ||
multiplying each Organizational Unit CWI times the ASE for | ||
that Organizational Unit creating a weighted value, | ||
summing all Organizational Units' weighted values, and | ||
dividing by the total ASE of all Organizational Units, | ||
thereby creating an average weighted index. | ||
"Student activities" means non-credit producing | ||
after-school programs, including, but not limited to, | ||
clubs, bands, sports, and other activities authorized by | ||
the school board of the Organizational Unit. | ||
"Substitute teacher" means an individual teacher or | ||
teaching assistant who is employed by an Organizational | ||
Unit and is temporarily serving the Organizational Unit on | ||
a per diem or per period-assignment basis to replace | ||
another staff member. | ||
"Summer school" means academic and enrichment programs | ||
provided to students during the summer months outside of | ||
the regular school year. | ||
"Supervisory aide" means a non-licensed staff member | ||
who helps in supervising students of an Organizational | ||
Unit, but does so outside of the classroom, in situations | ||
such as, but not limited to, monitoring hallways and |
playgrounds, supervising lunchrooms, or supervising | ||
students when being transported in buses serving the | ||
Organizational Unit. | ||
"Target Ratio" is defined in paragraph (4) of | ||
subsection (g). | ||
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||
in paragraph (3) of subsection (g). | ||
"Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||
Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||
Aggregate Funding" are defined in paragraph (1) of | ||
subsection (g). | ||
(b) Adequacy Target calculation. | ||
(1) Each Organizational Unit's Adequacy Target is the | ||
sum of the Organizational Unit's cost of providing | ||
Essential Elements, as calculated in accordance with this | ||
subsection (b), with the salary amounts in the Essential | ||
Elements multiplied by a Regionalization Factor calculated | ||
pursuant to paragraph (3) of this subsection (b). | ||
(2) The Essential Elements are attributable on a pro | ||
rata basis related to defined subgroups of the ASE of each | ||
Organizational Unit as specified in this paragraph (2), | ||
with investments and FTE positions pro rata funded based | ||
on ASE counts in excess of or less than the thresholds set | ||
forth in this paragraph (2). The method for calculating | ||
attributable pro rata costs and the defined subgroups | ||
thereto are as follows: |
(A) Core class size investments. Each | ||
Organizational Unit shall receive the funding required | ||
to support that number of FTE core teacher positions | ||
as is needed to keep the respective class sizes of the | ||
Organizational Unit to the following maximum numbers: | ||
(i) For grades kindergarten through 3, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
15 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 20 | ||
non-Low-Income Count students in those grades. | ||
(ii) For grades 4 through 12, the | ||
Organizational Unit shall receive funding required | ||
to support one FTE core teacher position for every | ||
20 Low-Income Count students in those grades and | ||
one FTE core teacher position for every 25 | ||
non-Low-Income Count students in those grades. | ||
The number of non-Low-Income Count students in a | ||
grade shall be determined by subtracting the | ||
Low-Income students in that grade from the ASE of the | ||
Organizational Unit for that grade. | ||
(B) Specialist teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover that number of FTE specialist teacher | ||
positions that correspond to the following | ||
percentages: |
(i) if the Organizational Unit operates an | ||
elementary or middle school, then 20.00% of the | ||
number of the Organizational Unit's core teachers, | ||
as determined under subparagraph (A) of this | ||
paragraph (2); and | ||
(ii) if such Organizational Unit operates a | ||
high school, then 33.33% of the number of the | ||
Organizational Unit's core teachers. | ||
(C) Instructional facilitator investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE instructional facilitator position | ||
for every 200 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students of the Organizational Unit. | ||
(D) Core intervention teacher (tutor) investments. | ||
Each Organizational Unit shall receive the funding | ||
needed to cover one FTE teacher position for each | ||
prototypical elementary, middle, and high school. | ||
(E) Substitute teacher investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover substitute teacher costs that is equal to | ||
5.70% of the minimum pupil attendance days required | ||
under Section 10-19 of this Code for all full-time | ||
equivalent core, specialist, and intervention | ||
teachers, school nurses, special education teachers | ||
and instructional assistants, instructional |
facilitators, and summer school and extended day | ||
teacher positions, as determined under this paragraph | ||
(2), at a salary rate of 33.33% of the average salary | ||
for grade K through 12 teachers and 33.33% of the | ||
average salary of each instructional assistant | ||
position. | ||
(F) Core school counselor investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE school counselor for each 450 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 5 | ||
students, plus one FTE school counselor for each 250 | ||
grades 6 through 8 ASE middle school students, plus | ||
one FTE school counselor for each 250 grades 9 through | ||
12 ASE high school students. | ||
(G) Nurse investments. Each Organizational Unit | ||
shall receive the funding needed to cover one FTE | ||
nurse for each 750 combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students across all grade levels it | ||
serves. | ||
(H) Supervisory aide investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE for each 225 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 5 students, plus one FTE |
for each 225 ASE middle school students, plus one FTE | ||
for each 200 ASE high school students. | ||
(I) Librarian investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
librarian for each prototypical elementary school, | ||
middle school, and high school and one FTE aide or | ||
media technician for every 300 combined ASE of | ||
pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students. | ||
(J) Principal investments. Each Organizational | ||
Unit shall receive the funding needed to cover one FTE | ||
principal position for each prototypical elementary | ||
school, plus one FTE principal position for each | ||
prototypical middle school, plus one FTE principal | ||
position for each prototypical high school. | ||
(K) Assistant principal investments. Each | ||
Organizational Unit shall receive the funding needed | ||
to cover one FTE assistant principal position for each | ||
prototypical elementary school, plus one FTE assistant | ||
principal position for each prototypical middle | ||
school, plus one FTE assistant principal position for | ||
each prototypical high school. | ||
(L) School site staff investments. Each | ||
Organizational Unit shall receive the funding needed | ||
for one FTE position for each 225 ASE of | ||
pre-kindergarten children with disabilities and all |
kindergarten through grade 5 students, plus one FTE | ||
position for each 225 ASE middle school students, plus | ||
one FTE position for each 200 ASE high school | ||
students. | ||
(M) Gifted investments. Each Organizational Unit | ||
shall receive $40 per kindergarten through grade 12 | ||
ASE. | ||
(N) Professional development investments. Each | ||
Organizational Unit shall receive $125 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for trainers and other professional | ||
development-related expenses for supplies and | ||
materials. | ||
(O) Instructional material investments. Each | ||
Organizational Unit shall receive $190 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover instructional material costs. | ||
(P) Assessment investments. Each Organizational | ||
Unit shall receive $25 per student of the combined ASE | ||
of pre-kindergarten children with disabilities and all | ||
kindergarten through grade 12 students to cover | ||
assessment costs. | ||
(Q) Computer technology and equipment investments. | ||
Each Organizational Unit shall receive $285.50 per |
student of the combined ASE of pre-kindergarten | ||
children with disabilities and all kindergarten | ||
through grade 12 students to cover computer technology | ||
and equipment costs. For the 2018-2019 school year and | ||
subsequent school years, Organizational Units assigned | ||
to Tier 1 and Tier 2 in the prior school year shall | ||
receive an additional $285.50 per student of the | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover computer technology and equipment | ||
costs in the Organizational Unit's Adequacy Target. | ||
The State Board may establish additional requirements | ||
for Organizational Unit expenditures of funds received | ||
pursuant to this subparagraph (Q), including a | ||
requirement that funds received pursuant to this | ||
subparagraph (Q) may be used only for serving the | ||
technology needs of the district. It is the intent of | ||
Public Act 100-465 that all Tier 1 and Tier 2 districts | ||
receive the addition to their Adequacy Target in the | ||
following year, subject to compliance with the | ||
requirements of the State Board. | ||
(R) Student activities investments. Each | ||
Organizational Unit shall receive the following | ||
funding amounts to cover student activities: $100 per | ||
kindergarten through grade 5 ASE student in elementary | ||
school, plus $200 per ASE student in middle school, |
plus $675 per ASE student in high school. | ||
(S) Maintenance and operations investments. Each | ||
Organizational Unit shall receive $1,038 per student | ||
of the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students for day-to-day maintenance and operations | ||
expenditures, including salary, supplies, and | ||
materials, as well as purchased services, but | ||
excluding employee benefits. The proportion of salary | ||
for the application of a Regionalization Factor and | ||
the calculation of benefits is equal to $352.92. | ||
(T) Central office investments. Each | ||
Organizational Unit shall receive $742 per student of | ||
the combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students to cover central office operations, including | ||
administrators and classified personnel charged with | ||
managing the instructional programs, business and | ||
operations of the school district, and security | ||
personnel. The proportion of salary for the | ||
application of a Regionalization Factor and the | ||
calculation of benefits is equal to $368.48. | ||
(U) Employee benefit investments. Each | ||
Organizational Unit shall receive 30% of the total of | ||
all salary-calculated elements of the Adequacy Target, | ||
excluding substitute teachers and student activities |
investments, to cover benefit costs. For central | ||
office and maintenance and operations investments, the | ||
benefit calculation shall be based upon the salary | ||
proportion of each investment. If at any time the | ||
responsibility for funding the employer normal cost of | ||
teacher pensions is assigned to school districts, then | ||
that amount certified by the Teachers' Retirement | ||
System of the State of Illinois to be paid by the | ||
Organizational Unit for the preceding school year | ||
shall be added to the benefit investment. For any | ||
fiscal year in which a school district organized under | ||
Article 34 of this Code is responsible for paying the | ||
employer normal cost of teacher pensions, then that | ||
amount of its employer normal cost plus the amount for | ||
retiree health insurance as certified by the Public | ||
School Teachers' Pension and Retirement Fund of | ||
Chicago to be paid by the school district for the | ||
preceding school year that is statutorily required to | ||
cover employer normal costs and the amount for retiree | ||
health insurance shall be added to the 30% specified | ||
in this subparagraph (U). The Teachers' Retirement | ||
System of the State of Illinois and the Public School | ||
Teachers' Pension and Retirement Fund of Chicago shall | ||
submit such information as the State Superintendent | ||
may require for the calculations set forth in this | ||
subparagraph (U). |
(V) Additional investments in low-income students. | ||
In addition to and not in lieu of all other funding | ||
under this paragraph (2), each Organizational Unit | ||
shall receive funding based on the average teacher | ||
salary for grades K through 12 to cover the costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 Low-Income Count students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 Low-Income Count students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 Low-Income Count students; and | ||
(iv) one FTE summer school teacher position | ||
for every 120 Low-Income Count students. | ||
(W) Additional investments in English learner | ||
students. In addition to and not in lieu of all other | ||
funding under this paragraph (2), each Organizational | ||
Unit shall receive funding based on the average | ||
teacher salary for grades K through 12 to cover the | ||
costs of: | ||
(i) one FTE intervention teacher (tutor) | ||
position for every 125 English learner students; | ||
(ii) one FTE pupil support staff position for | ||
every 125 English learner students; | ||
(iii) one FTE extended day teacher position | ||
for every 120 English learner students; | ||
(iv) one FTE summer school teacher position |
for every 120 English learner students; and | ||
(v) one FTE core teacher position for every | ||
100 English learner students. | ||
(X) Special education investments. Each | ||
Organizational Unit shall receive funding based on the | ||
average teacher salary for grades K through 12 to | ||
cover special education as follows: | ||
(i) one FTE teacher position for every 141 | ||
combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; | ||
(ii) one FTE instructional assistant for every | ||
141 combined ASE of pre-kindergarten children with | ||
disabilities and all kindergarten through grade 12 | ||
students; and | ||
(iii) one FTE psychologist position for every | ||
1,000 combined ASE of pre-kindergarten children | ||
with disabilities and all kindergarten through | ||
grade 12 students. | ||
(3) For calculating the salaries included within the | ||
Essential Elements, the State Superintendent shall | ||
annually calculate average salaries to the nearest dollar | ||
using the employment information system data maintained by | ||
the State Board, limited to public schools only and | ||
excluding special education and vocational cooperatives, | ||
schools operated by the Department of Juvenile Justice, |
and charter schools, for the following positions: | ||
(A) Teacher for grades K through 8. | ||
(B) Teacher for grades 9 through 12. | ||
(C) Teacher for grades K through 12. | ||
(D) School counselor for grades K through 8. | ||
(E) School counselor for grades 9 through 12. | ||
(F) School counselor for grades K through 12. | ||
(G) Social worker. | ||
(H) Psychologist. | ||
(I) Librarian. | ||
(J) Nurse. | ||
(K) Principal. | ||
(L) Assistant principal. | ||
For the purposes of this paragraph (3), "teacher" | ||
includes core teachers, specialist and elective teachers, | ||
instructional facilitators, tutors, special education | ||
teachers, pupil support staff teachers, English learner | ||
teachers, extended day teachers, and summer school | ||
teachers. Where specific grade data is not required for | ||
the Essential Elements, the average salary for | ||
corresponding positions shall apply. For substitute | ||
teachers, the average teacher salary for grades K through | ||
12 shall apply. | ||
For calculating the salaries included within the | ||
Essential Elements for positions not included within EIS | ||
Data, the following salaries shall be used in the first |
year of implementation of Evidence-Based Funding: | ||
(i) school site staff, $30,000; and | ||
(ii) non-instructional assistant, instructional | ||
assistant, library aide, library media tech, or | ||
supervisory aide: $25,000. | ||
In the second and subsequent years of implementation | ||
of Evidence-Based Funding, the amounts in items (i) and | ||
(ii) of this paragraph (3) shall annually increase by the | ||
ECI. | ||
The salary amounts for the Essential Elements | ||
determined pursuant to subparagraphs (A) through (L), (S) | ||
and (T), and (V) through (X) of paragraph (2) of | ||
subsection (b) of this Section shall be multiplied by a | ||
Regionalization Factor. | ||
(c) Local Capacity calculation. | ||
(1) Each Organizational Unit's Local Capacity | ||
represents an amount of funding it is assumed to | ||
contribute toward its Adequacy Target for purposes of the | ||
Evidence-Based Funding formula calculation. "Local | ||
Capacity" means either (i) the Organizational Unit's Local | ||
Capacity Target as calculated in accordance with paragraph | ||
(2) of this subsection (c) if its Real Receipts are equal | ||
to or less than its Local Capacity Target or (ii) the | ||
Organizational Unit's Adjusted Local Capacity, as | ||
calculated in accordance with paragraph (3) of this | ||
subsection (c) if Real Receipts are more than its Local |
Capacity Target. | ||
(2) "Local Capacity Target" means, for an | ||
Organizational Unit, that dollar amount that is obtained | ||
by multiplying its Adequacy Target by its Local Capacity | ||
Ratio. | ||
(A) An Organizational Unit's Local Capacity | ||
Percentage is the conversion of the Organizational | ||
Unit's Local Capacity Ratio, as such ratio is | ||
determined in accordance with subparagraph (B) of this | ||
paragraph (2), into a cumulative distribution | ||
resulting in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The calculation of | ||
Local Capacity Percentage is described in subparagraph | ||
(C) of this paragraph (2). | ||
(B) An Organizational Unit's Local Capacity Ratio | ||
in a given year is the percentage obtained by dividing | ||
its Adjusted EAV or PTELL EAV, whichever is less, by | ||
its Adequacy Target, with the resulting ratio further | ||
adjusted as follows: | ||
(i) for Organizational Units serving grades | ||
kindergarten through 12 and Hybrid Districts, no | ||
further adjustments shall be made; | ||
(ii) for Organizational Units serving grades | ||
kindergarten through 8, the ratio shall be | ||
multiplied by 9/13; |
(iii) for Organizational Units serving grades | ||
9 through 12, the Local Capacity Ratio shall be | ||
multiplied by 4/13; and | ||
(iv) for an Organizational Unit with a | ||
different grade configuration than those specified | ||
in items (i) through (iii) of this subparagraph | ||
(B), the State Superintendent shall determine a | ||
comparable adjustment based on the grades served. | ||
(C) The Local Capacity Percentage is equal to the | ||
percentile ranking of the district. Local Capacity | ||
Percentage converts each Organizational Unit's Local | ||
Capacity Ratio to a cumulative distribution resulting | ||
in a percentile ranking to determine each | ||
Organizational Unit's relative position to all other | ||
Organizational Units in this State. The Local Capacity | ||
Percentage cumulative distribution resulting in a | ||
percentile ranking for each Organizational Unit shall | ||
be calculated using the standard normal distribution | ||
of the score in relation to the weighted mean and | ||
weighted standard deviation and Local Capacity Ratios | ||
of all Organizational Units. If the value assigned to | ||
any Organizational Unit is in excess of 90%, the value | ||
shall be adjusted to 90%. For Laboratory Schools, the | ||
Local Capacity Percentage shall be set at 10% in | ||
recognition of the absence of EAV and resources from | ||
the public university that are allocated to the |
Laboratory School. For programs operated by a regional | ||
office of education or an intermediate service center, | ||
the Local Capacity Percentage must be set at 10% in | ||
recognition of the absence of EAV and resources from | ||
school districts that are allocated to the regional | ||
office of education or intermediate service center. | ||
The weighted mean for the Local Capacity Percentage | ||
shall be determined by multiplying each Organizational | ||
Unit's Local Capacity Ratio times the ASE for the unit | ||
creating a weighted value, summing the weighted values | ||
of all Organizational Units, and dividing by the total | ||
ASE of all Organizational Units. The weighted standard | ||
deviation shall be determined by taking the square | ||
root of the weighted variance of all Organizational | ||
Units' Local Capacity Ratio, where the variance is | ||
calculated by squaring the difference between each | ||
unit's Local Capacity Ratio and the weighted mean, | ||
then multiplying the variance for each unit times the | ||
ASE for the unit to create a weighted variance for each | ||
unit, then summing all units' weighted variance and | ||
dividing by the total ASE of all units. | ||
(D) For any Organizational Unit, the | ||
Organizational Unit's Adjusted Local Capacity Target | ||
shall be reduced by either (i) the school board's | ||
remaining contribution pursuant to paragraph (ii) of | ||
subsection (b-4) of Section 16-158 of the Illinois |
Pension Code in a given year or (ii) the board of | ||
education's remaining contribution pursuant to | ||
paragraph (iv) of subsection (b) of Section 17-129 of | ||
the Illinois Pension Code absent the employer normal | ||
cost portion of the required contribution and amount | ||
allowed pursuant to subdivision (3) of Section | ||
17-142.1 of the Illinois Pension Code in a given year. | ||
In the preceding sentence, item (i) shall be certified | ||
to the State Board of Education by the Teachers' | ||
Retirement System of the State of Illinois and item | ||
(ii) shall be certified to the State Board of | ||
Education by the Public School Teachers' Pension and | ||
Retirement Fund of the City of Chicago. | ||
(3) If an Organizational Unit's Real Receipts are more | ||
than its Local Capacity Target, then its Local Capacity | ||
shall equal an Adjusted Local Capacity Target as | ||
calculated in accordance with this paragraph (3). The | ||
Adjusted Local Capacity Target is calculated as the sum of | ||
the Organizational Unit's Local Capacity Target and its | ||
Real Receipts Adjustment. The Real Receipts Adjustment | ||
equals the Organizational Unit's Real Receipts less its | ||
Local Capacity Target, with the resulting figure | ||
multiplied by the Local Capacity Percentage. | ||
As used in this paragraph (3), "Real Percent of | ||
Adequacy" means the sum of an Organizational Unit's Real | ||
Receipts, CPPRT, and Base Funding Minimum, with the |
resulting figure divided by the Organizational Unit's | ||
Adequacy Target. | ||
(d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||
for purposes of the Local Capacity calculation. | ||
(1) An Organizational Unit's Real Receipts are the | ||
product of its Applicable Tax Rate and its Adjusted EAV. | ||
An Organizational Unit's Applicable Tax Rate is its | ||
Adjusted Operating Tax Rate for property within the | ||
Organizational Unit. | ||
(2) The State Superintendent shall calculate the | ||
equalized assessed valuation, or EAV, of all taxable | ||
property of each Organizational Unit as of September 30 of | ||
the previous year in accordance with paragraph (3) of this | ||
subsection (d). The State Superintendent shall then | ||
determine the Adjusted EAV of each Organizational Unit in | ||
accordance with paragraph (4) of this subsection (d), | ||
which Adjusted EAV figure shall be used for the purposes | ||
of calculating Local Capacity. | ||
(3) To calculate Real Receipts and EAV, the Department | ||
of Revenue shall supply to the State Superintendent the | ||
value as equalized or assessed by the Department of | ||
Revenue of all taxable property of every Organizational | ||
Unit, together with (i) the applicable tax rate used in | ||
extending taxes for the funds of the Organizational Unit | ||
as of September 30 of the previous year and (ii) the | ||
limiting rate for all Organizational Units subject to |
property tax extension limitations as imposed under PTELL. | ||
(A) The Department of Revenue shall add to the | ||
equalized assessed value of all taxable property of | ||
each Organizational Unit situated entirely or | ||
partially within a county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code (i) an amount equal to the total amount by | ||
which the homestead exemption allowed under Section | ||
15-176 or 15-177 of the Property Tax Code for real | ||
property situated in that Organizational Unit exceeds | ||
the total amount that would have been allowed in that | ||
Organizational Unit if the maximum reduction under | ||
Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||
in all other counties in tax year 2003 or (II) $5,000 | ||
in all counties in tax year 2004 and thereafter and | ||
(ii) an amount equal to the aggregate amount for the | ||
taxable year of all additional exemptions under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of $30,000 or less. The county | ||
clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property | ||
Tax Code shall annually calculate and certify to the | ||
Department of Revenue for each Organizational Unit all | ||
homestead exemption amounts under Section 15-176 or | ||
15-177 of the Property Tax Code and all amounts of | ||
additional exemptions under Section 15-175 of the |
Property Tax Code for owners with a household income | ||
of $30,000 or less. It is the intent of this | ||
subparagraph (A) that if the general homestead | ||
exemption for a parcel of property is determined under | ||
Section 15-176 or 15-177 of the Property Tax Code | ||
rather than Section 15-175, then the calculation of | ||
EAV shall not be affected by the difference, if any, | ||
between the amount of the general homestead exemption | ||
allowed for that parcel of property under Section | ||
15-176 or 15-177 of the Property Tax Code and the | ||
amount that would have been allowed had the general | ||
homestead exemption for that parcel of property been | ||
determined under Section 15-175 of the Property Tax | ||
Code. It is further the intent of this subparagraph | ||
(A) that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners | ||
with a household income of less than $30,000, then the | ||
calculation of EAV shall not be affected by the | ||
difference, if any, because of those additional | ||
exemptions. | ||
(B) With respect to any part of an Organizational | ||
Unit within a redevelopment project area in respect to | ||
which a municipality has adopted tax increment | ||
allocation financing pursuant to the Tax Increment | ||
Allocation Redevelopment Act, Division 74.4 of Article | ||
11 of the Illinois Municipal Code, or the Industrial |
Jobs Recovery Law, Division 74.6 of Article 11 of the | ||
Illinois Municipal Code, no part of the current EAV of | ||
real property located in any such project area that is | ||
attributable to an increase above the total initial | ||
EAV of such property shall be used as part of the EAV | ||
of the Organizational Unit, until such time as all | ||
redevelopment project costs have been paid, as | ||
provided in Section 11-74.4-8 of the Tax Increment | ||
Allocation Redevelopment Act or in Section 11-74.6-35 | ||
of the Industrial Jobs Recovery Law. For the purpose | ||
of the EAV of the Organizational Unit, the total | ||
initial EAV or the current EAV, whichever is lower, | ||
shall be used until such time as all redevelopment | ||
project costs have been paid. | ||
(B-5) The real property equalized assessed | ||
valuation for a school district shall be adjusted by | ||
subtracting from the real property value, as equalized | ||
or assessed by the Department of Revenue, for the | ||
district an amount computed by dividing the amount of | ||
any abatement of taxes under Section 18-170 of the | ||
Property Tax Code by 3.00% for a district maintaining | ||
grades kindergarten through 12, by 2.30% for a | ||
district maintaining grades kindergarten through 8, or | ||
by 1.05% for a district maintaining grades 9 through | ||
12 and adjusted by an amount computed by dividing the | ||
amount of any abatement of taxes under subsection (a) |
of Section 18-165 of the Property Tax Code by the same | ||
percentage rates for district type as specified in | ||
this subparagraph (B-5). | ||
(C) For Organizational Units that are Hybrid | ||
Districts, the State Superintendent shall use the | ||
lesser of the adjusted equalized assessed valuation | ||
for property within the partial elementary unit | ||
district for elementary purposes, as defined in | ||
Article 11E of this Code, or the adjusted equalized | ||
assessed valuation for property within the partial | ||
elementary unit district for high school purposes, as | ||
defined in Article 11E of this Code. | ||
(D) If a school district's boundaries span | ||
multiple counties, then the Department of Revenue | ||
shall send to the State Board, for the purposes of | ||
calculating Evidence-Based Funding, the limiting rate | ||
and individual rates by purpose for the county that | ||
contains the majority of the school district's | ||
equalized assessed valuation. | ||
(4) An Organizational Unit's Adjusted EAV shall be the | ||
average of its EAV over the immediately preceding 3 years | ||
or the lesser of its EAV in the immediately preceding year | ||
or the average of its EAV over the immediately preceding 3 | ||
years if the EAV in the immediately preceding year has | ||
declined by 10% or more when comparing the 2 most recent | ||
years. In the event of Organizational Unit reorganization, |
consolidation, or annexation, the Organizational Unit's | ||
Adjusted EAV for the first 3 years after such change shall | ||
be as follows: the most current EAV shall be used in the | ||
first year, the average of a 2-year EAV or its EAV in the | ||
immediately preceding year if the EAV declines by 10% or | ||
more when comparing the 2 most recent years for the second | ||
year, and the lesser of a 3-year average EAV or its EAV in | ||
the immediately preceding year if the Adjusted EAV | ||
declines by 10% or more when comparing the 2 most recent | ||
years for the third year. For any school district whose | ||
EAV in the immediately preceding year is used in | ||
calculations, in the following year, the Adjusted EAV | ||
shall be the average of its EAV over the immediately | ||
preceding 2 years or the immediately preceding year if | ||
that year represents a decline of 10% or more when | ||
comparing the 2 most recent years. | ||
"PTELL EAV" means a figure calculated by the State | ||
Board for Organizational Units subject to PTELL as | ||
described in this paragraph (4) for the purposes of | ||
calculating an Organizational Unit's Local Capacity Ratio. | ||
Except as otherwise provided in this paragraph (4), the | ||
PTELL EAV of an Organizational Unit shall be equal to the | ||
product of the equalized assessed valuation last used in | ||
the calculation of general State aid under Section 18-8.05 | ||
of this Code (now repealed) or Evidence-Based Funding | ||
under this Section and the Organizational Unit's Extension |
Limitation Ratio. If an Organizational Unit has approved | ||
or does approve an increase in its limiting rate, pursuant | ||
to Section 18-190 of the Property Tax Code, affecting the | ||
Base Tax Year, the PTELL EAV shall be equal to the product | ||
of the equalized assessed valuation last used in the | ||
calculation of general State aid under Section 18-8.05 of | ||
this Code (now repealed) or Evidence-Based Funding under | ||
this Section multiplied by an amount equal to one plus the | ||
percentage increase, if any, in the Consumer Price Index | ||
for All Urban Consumers for all items published by the | ||
United States Department of Labor for the 12-month | ||
calendar year preceding the Base Tax Year, plus the | ||
equalized assessed valuation of new property, annexed | ||
property, and recovered tax increment value and minus the | ||
equalized assessed valuation of disconnected property. | ||
As used in this paragraph (4), "new property" and | ||
"recovered tax increment value" shall have the meanings | ||
set forth in the Property Tax Extension Limitation Law. | ||
(e) Base Funding Minimum calculation. | ||
(1) For the 2017-2018 school year, the Base Funding | ||
Minimum of an Organizational Unit or a Specially Funded | ||
Unit shall be the amount of State funds distributed to the | ||
Organizational Unit or Specially Funded Unit during the | ||
2016-2017 school year prior to any adjustments and | ||
specified appropriation amounts described in this | ||
paragraph (1) from the following Sections, as calculated |
by the State Superintendent: Section 18-8.05 of this Code | ||
(now repealed); Section 5 of Article 224 of Public Act | ||
99-524 (equity grants); Section 14-7.02b of this Code | ||
(funding for children requiring special education | ||
services); Section 14-13.01 of this Code (special | ||
education facilities and staffing), except for | ||
reimbursement of the cost of transportation pursuant to | ||
Section 14-13.01; Section 14C-12 of this Code (English | ||
learners); and Section 18-4.3 of this Code (summer | ||
school), based on an appropriation level of $13,121,600. | ||
For a school district organized under Article 34 of this | ||
Code, the Base Funding Minimum also includes (i) the funds | ||
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to funding programs authorized | ||
by the Sections of this Code listed in the preceding | ||
sentence and (ii) the difference between (I) the funds | ||
allocated to the school district pursuant to Section 1D-1 | ||
of this Code attributable to the funding programs | ||
authorized by Section 14-7.02 (non-public special | ||
education reimbursement), subsection (b) of Section | ||
14-13.01 (special education transportation), Section 29-5 | ||
(transportation), Section 2-3.80 (agricultural | ||
education), Section 2-3.66 (truants' alternative | ||
education), Section 2-3.62 (educational service centers), | ||
and Section 14-7.03 (special education - orphanage) of | ||
this Code and Section 15 of the Childhood Hunger Relief |
Act (free breakfast program) and (II) the school | ||
district's actual expenditures for its non-public special | ||
education, special education transportation, | ||
transportation programs, agricultural education, truants' | ||
alternative education, services that would otherwise be | ||
performed by a regional office of education, special | ||
education orphanage expenditures, and free breakfast, as | ||
most recently calculated and reported pursuant to | ||
subsection (f) of Section 1D-1 of this Code. The Base | ||
Funding Minimum for Glenwood Academy shall be $952,014. | ||
For programs operated by a regional office of education or | ||
an intermediate service center, the Base Funding Minimum | ||
must be the total amount of State funds allocated to those | ||
programs in the 2018-2019 school year and amounts provided | ||
pursuant to Article 34 of Public Act 100-586 and Section | ||
3-16 of this Code. All programs established after June 5, | ||
2019 (the effective date of Public Act 101-10) and | ||
administered by a regional office of education or an | ||
intermediate service center must have an initial Base | ||
Funding Minimum set to an amount equal to the first-year | ||
ASE multiplied by the amount of per pupil funding received | ||
in the previous school year by the lowest funded similar | ||
existing program type. If the enrollment for a program | ||
operated by a regional office of education or an | ||
intermediate service center is zero, then it may not | ||
receive Base Funding Minimum funds for that program in the |
next fiscal year, and those funds must be distributed to | ||
Organizational Units under subsection (g). | ||
(2) For the 2018-2019 and subsequent school years, the | ||
Base Funding Minimum of Organizational Units and Specially | ||
Funded Units shall be the sum of (i) the amount of | ||
Evidence-Based Funding for the prior school year, (ii) the | ||
Base Funding Minimum for the prior school year, and (iii) | ||
any amount received by a school district pursuant to | ||
Section 7 of Article 97 of Public Act 100-21. | ||
For the 2022-2023 school year, the Base Funding | ||
Minimum of Organizational Units shall be the amounts | ||
recalculated by the State Board of Education for Fiscal | ||
Year 2019 through Fiscal Year 2022 that were necessary due | ||
to average student enrollment errors for districts | ||
organized under Article 34 of this Code, plus the Fiscal | ||
Year 2022 property tax relief grants provided under | ||
Section 2-3.170 of this Code, ensuring each Organizational | ||
Unit has the correct amount of resources for Fiscal Year | ||
2023 Evidence-Based Funding calculations and that Fiscal | ||
Year 2023 Evidence-Based Funding Distributions are made in | ||
accordance with this Section. | ||
(3) Subject to approval by the General Assembly as | ||
provided in this paragraph (3), an Organizational Unit | ||
that meets all of the following criteria, as determined by | ||
the State Board, shall have District Intervention Money | ||
added to its Base Funding Minimum at the time the Base |
Funding Minimum is calculated by the State Board: | ||
(A) The Organizational Unit is operating under an | ||
Independent Authority under Section 2-3.25f-5 of this | ||
Code for a minimum of 4 school years or is subject to | ||
the control of the State Board pursuant to a court | ||
order for a minimum of 4 school years. | ||
(B) The Organizational Unit was designated as a | ||
Tier 1 or Tier 2 Organizational Unit in the previous | ||
school year under paragraph (3) of subsection (g) of | ||
this Section. | ||
(C) The Organizational Unit demonstrates | ||
sustainability through a 5-year financial and | ||
strategic plan. | ||
(D) The Organizational Unit has made sufficient | ||
progress and achieved sufficient stability in the | ||
areas of governance, academic growth, and finances. | ||
As part of its determination under this paragraph (3), | ||
the State Board may consider the Organizational Unit's | ||
summative designation, any accreditations of the | ||
Organizational Unit, or the Organizational Unit's | ||
financial profile, as calculated by the State Board. | ||
If the State Board determines that an Organizational | ||
Unit has met the criteria set forth in this paragraph (3), | ||
it must submit a report to the General Assembly, no later | ||
than January 2 of the fiscal year in which the State Board | ||
makes it determination, on the amount of District |
Intervention Money to add to the Organizational Unit's | ||
Base Funding Minimum. The General Assembly must review the | ||
State Board's report and may approve or disapprove, by | ||
joint resolution, the addition of District Intervention | ||
Money. If the General Assembly fails to act on the report | ||
within 40 calendar days from the receipt of the report, | ||
the addition of District Intervention Money is deemed | ||
approved. If the General Assembly approves the amount of | ||
District Intervention Money to be added to the | ||
Organizational Unit's Base Funding Minimum, the District | ||
Intervention Money must be added to the Base Funding | ||
Minimum annually thereafter. | ||
For the first 4 years following the initial year that | ||
the State Board determines that an Organizational Unit has | ||
met the criteria set forth in this paragraph (3) and has | ||
received funding under this Section, the Organizational | ||
Unit must annually submit to the State Board, on or before | ||
November 30, a progress report regarding its financial and | ||
strategic plan under subparagraph (C) of this paragraph | ||
(3). The plan shall include the financial data from the | ||
past 4 annual financial reports or financial audits that | ||
must be presented to the State Board by November 15 of each | ||
year and the approved budget financial data for the | ||
current year. The plan shall be developed according to the | ||
guidelines presented to the Organizational Unit by the | ||
State Board. The plan shall further include financial |
projections for the next 3 fiscal years and include a | ||
discussion and financial summary of the Organizational | ||
Unit's facility needs. If the Organizational Unit does not | ||
demonstrate sufficient progress toward its 5-year plan or | ||
if it has failed to file an annual financial report, an | ||
annual budget, a financial plan, a deficit reduction plan, | ||
or other financial information as required by law, the | ||
State Board may establish a Financial Oversight Panel | ||
under Article 1H of this Code. However, if the | ||
Organizational Unit already has a Financial Oversight | ||
Panel, the State Board may extend the duration of the | ||
Panel. | ||
(f) Percent of Adequacy and Final Resources calculation. | ||
(1) The Evidence-Based Funding formula establishes a | ||
Percent of Adequacy for each Organizational Unit in order | ||
to place such units into tiers for the purposes of the | ||
funding distribution system described in subsection (g) of | ||
this Section. Initially, an Organizational Unit's | ||
Preliminary Resources and Preliminary Percent of Adequacy | ||
are calculated pursuant to paragraph (2) of this | ||
subsection (f). Then, an Organizational Unit's Final | ||
Resources and Final Percent of Adequacy are calculated to | ||
account for the Organizational Unit's poverty | ||
concentration levels pursuant to paragraphs (3) and (4) of | ||
this subsection (f). | ||
(2) An Organizational Unit's Preliminary Resources are |
equal to the sum of its Local Capacity Target, CPPRT, and | ||
Base Funding Minimum. An Organizational Unit's Preliminary | ||
Percent of Adequacy is the lesser of (i) its Preliminary | ||
Resources divided by its Adequacy Target or (ii) 100%. | ||
(3) Except for Specially Funded Units, an | ||
Organizational Unit's Final Resources are equal to the sum | ||
of its Local Capacity, CPPRT, and Adjusted Base Funding | ||
Minimum. The Base Funding Minimum of each Specially Funded | ||
Unit shall serve as its Final Resources, except that the | ||
Base Funding Minimum for State-approved charter schools | ||
shall not include any portion of general State aid | ||
allocated in the prior year based on the per capita | ||
tuition charge times the charter school enrollment. | ||
(4) An Organizational Unit's Final Percent of Adequacy | ||
is its Final Resources divided by its Adequacy Target. An | ||
Organizational Unit's Adjusted Base Funding Minimum is | ||
equal to its Base Funding Minimum less its Supplemental | ||
Grant Funding, with the resulting figure added to the | ||
product of its Supplemental Grant Funding and Preliminary | ||
Percent of Adequacy. | ||
(g) Evidence-Based Funding formula distribution system. | ||
(1) In each school year under the Evidence-Based | ||
Funding formula, each Organizational Unit receives funding | ||
equal to the sum of its Base Funding Minimum and the unit's | ||
allocation of New State Funds determined pursuant to this | ||
subsection (g). To allocate New State Funds, the |
Evidence-Based Funding formula distribution system first | ||
places all Organizational Units into one of 4 tiers in | ||
accordance with paragraph (3) of this subsection (g), | ||
based on the Organizational Unit's Final Percent of | ||
Adequacy. New State Funds are allocated to each of the 4 | ||
tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||
all New State Funds, Tier 2 Aggregate Funding equals 49% | ||
of all New State Funds, Tier 3 Aggregate Funding equals | ||
0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||
equals 0.1% of all New State Funds. Each Organizational | ||
Unit within Tier 1 or Tier 2 receives an allocation of New | ||
State Funds equal to its tier Funding Gap, as defined in | ||
the following sentence, multiplied by the tier's | ||
Allocation Rate determined pursuant to paragraph (4) of | ||
this subsection (g). For Tier 1, an Organizational Unit's | ||
Funding Gap equals the tier's Target Ratio, as specified | ||
in paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources. For Tier 2, an Organizational Unit's Funding | ||
Gap equals the tier's Target Ratio, as described in | ||
paragraph (5) of this subsection (g), multiplied by the | ||
Organizational Unit's Adequacy Target, with the resulting | ||
amount reduced by the Organizational Unit's Final | ||
Resources and its Tier 1 funding allocation. To determine | ||
the Organizational Unit's Funding Gap, the resulting |
amount is then multiplied by a factor equal to one minus | ||
the Organizational Unit's Local Capacity Target | ||
percentage. Each Organizational Unit within Tier 3 or Tier | ||
4 receives an allocation of New State Funds equal to the | ||
product of its Adequacy Target and the tier's Allocation | ||
Rate, as specified in paragraph (4) of this subsection | ||
(g). | ||
(2) To ensure equitable distribution of dollars for | ||
all Tier 2 Organizational Units, no Tier 2 Organizational | ||
Unit shall receive fewer dollars per ASE than any Tier 3 | ||
Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||
Unit shall have its funding allocation divided by its ASE. | ||
Any Tier 2 Organizational Unit with a funding allocation | ||
per ASE below the greatest Tier 3 allocation per ASE shall | ||
get a funding allocation equal to the greatest Tier 3 | ||
funding allocation per ASE multiplied by the | ||
Organizational Unit's ASE. Each Tier 2 Organizational | ||
Unit's Tier 2 funding allocation shall be multiplied by | ||
the percentage calculated by dividing the original Tier 2 | ||
Aggregate Funding by the sum of all Tier 2 Organizational | ||
Units' Tier 2 funding allocation after adjusting | ||
districts' funding below Tier 3 levels. | ||
(3) Organizational Units are placed into one of 4 | ||
tiers as follows: | ||
(A) Tier 1 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of |
Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||
Target Ratio is the ratio level that allows for Tier 1 | ||
Aggregate Funding to be distributed, with the Tier 1 | ||
Allocation Rate determined pursuant to paragraph (4) | ||
of this subsection (g). | ||
(B) Tier 2 consists of all Tier 1 Units and all | ||
other Organizational Units, except for Specially | ||
Funded Units, with a Percent of Adequacy of less than | ||
0.90. | ||
(C) Tier 3 consists of all Organizational Units, | ||
except for Specially Funded Units, with a Percent of | ||
Adequacy of at least 0.90 and less than 1.0. | ||
(D) Tier 4 consists of all Organizational Units | ||
with a Percent of Adequacy of at least 1.0. | ||
(4) The Allocation Rates for Tiers 1 through 4 are | ||
determined as follows: | ||
(A) The Tier 1 Allocation Rate is 30%. | ||
(B) The Tier 2 Allocation Rate is the result of the | ||
following equation: Tier 2 Aggregate Funding, divided | ||
by the sum of the Funding Gaps for all Tier 2 | ||
Organizational Units, unless the result of such | ||
equation is higher than 1.0. If the result of such | ||
equation is higher than 1.0, then the Tier 2 | ||
Allocation Rate is 1.0. | ||
(C) The Tier 3 Allocation Rate is the result of the | ||
following equation: Tier 3 Aggregate Funding, divided |
by the sum of the Adequacy Targets of all Tier 3 | ||
Organizational Units. | ||
(D) The Tier 4 Allocation Rate is the result of the | ||
following equation: Tier 4 Aggregate Funding, divided | ||
by the sum of the Adequacy Targets of all Tier 4 | ||
Organizational Units. | ||
(5) A tier's Target Ratio is determined as follows: | ||
(A) The Tier 1 Target Ratio is the ratio level that | ||
allows for Tier 1 Aggregate Funding to be distributed | ||
with the Tier 1 Allocation Rate. | ||
(B) The Tier 2 Target Ratio is 0.90. | ||
(C) The Tier 3 Target Ratio is 1.0. | ||
(6) If, at any point, the Tier 1 Target Ratio is | ||
greater than 90%, then all Tier 1 funding shall be | ||
allocated to Tier 2 and no Tier 1 Organizational Unit's | ||
funding may be identified. | ||
(7) In the event that all Tier 2 Organizational Units | ||
receive funding at the Tier 2 Target Ratio level, any | ||
remaining New State Funds shall be allocated to Tier 3 and | ||
Tier 4 Organizational Units. | ||
(8) If any Specially Funded Units, excluding Glenwood | ||
Academy, recognized by the State Board do not qualify for | ||
direct funding following the implementation of Public Act | ||
100-465 from any of the funding sources included within | ||
the definition of Base Funding Minimum, the unqualified | ||
portion of the Base Funding Minimum shall be transferred |
to one or more appropriate Organizational Units as | ||
determined by the State Superintendent based on the prior | ||
year ASE of the Organizational Units. | ||
(8.5) If a school district withdraws from a special | ||
education cooperative, the portion of the Base Funding | ||
Minimum that is attributable to the school district may be | ||
redistributed to the school district upon withdrawal. The | ||
school district and the cooperative must include the | ||
amount of the Base Funding Minimum that is to be | ||
reapportioned in their withdrawal agreement and notify the | ||
State Board of the change with a copy of the agreement upon | ||
withdrawal. | ||
(9) The Minimum Funding Level is intended to establish | ||
a target for State funding that will keep pace with | ||
inflation and continue to advance equity through the | ||
Evidence-Based Funding formula. The target for State | ||
funding of New Property Tax Relief Pool Funds is | ||
$50,000,000 for State fiscal year 2019 and subsequent | ||
State fiscal years. The Minimum Funding Level is equal to | ||
$350,000,000. In addition to any New State Funds, no more | ||
than $50,000,000 New Property Tax Relief Pool Funds may be | ||
counted toward the Minimum Funding Level. If the sum of | ||
New State Funds and applicable New Property Tax Relief | ||
Pool Funds are less than the Minimum Funding Level, than | ||
funding for tiers shall be reduced in the following | ||
manner: |
(A) First, Tier 4 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds until such time as | ||
Tier 4 funding is exhausted. | ||
(B) Next, Tier 3 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 funding until such time as Tier 3 funding is | ||
exhausted. | ||
(C) Next, Tier 2 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding Level and New State Funds and the reduction in | ||
Tier 4 and Tier 3. | ||
(D) Finally, Tier 1 funding shall be reduced by an | ||
amount equal to the difference between the Minimum | ||
Funding level and New State Funds and the reduction in | ||
Tier 2, 3, and 4 funding. In addition, the Allocation | ||
Rate for Tier 1 shall be reduced to a percentage equal | ||
to the Tier 1 Allocation Rate set by paragraph (4) of | ||
this subsection (g), multiplied by the result of New | ||
State Funds divided by the Minimum Funding Level. | ||
(9.5) For State fiscal year 2019 and subsequent State | ||
fiscal years, if New State Funds exceed $300,000,000, then | ||
any amount in excess of $300,000,000 shall be dedicated | ||
for purposes of Section 2-3.170 of this Code up to a | ||
maximum of $50,000,000. |
(10) In the event of a decrease in the amount of the | ||
appropriation for this Section in any fiscal year after | ||
implementation of this Section, the Organizational Units | ||
receiving Tier 1 and Tier 2 funding, as determined under | ||
paragraph (3) of this subsection (g), shall be held | ||
harmless by establishing a Base Funding Guarantee equal to | ||
the per pupil kindergarten through grade 12 funding | ||
received in accordance with this Section in the prior | ||
fiscal year. Reductions shall be made to the Base Funding | ||
Minimum of Organizational Units in Tier 3 and Tier 4 on a | ||
per pupil basis equivalent to the total number of the ASE | ||
in Tier 3-funded and Tier 4-funded Organizational Units | ||
divided by the total reduction in State funding. The Base | ||
Funding Minimum as reduced shall continue to be applied to | ||
Tier 3 and Tier 4 Organizational Units and adjusted by the | ||
relative formula when increases in appropriations for this | ||
Section resume. In no event may State funding reductions | ||
to Organizational Units in Tier 3 or Tier 4 exceed an | ||
amount that would be less than the Base Funding Minimum | ||
established in the first year of implementation of this | ||
Section. If additional reductions are required, all school | ||
districts shall receive a reduction by a per pupil amount | ||
equal to the aggregate additional appropriation reduction | ||
divided by the total ASE of all Organizational Units. | ||
(11) The State Superintendent shall make minor | ||
adjustments to the distribution formula set forth in this |
subsection (g) to account for the rounding of percentages | ||
to the nearest tenth of a percentage and dollar amounts to | ||
the nearest whole dollar. | ||
(h) State Superintendent administration of funding and | ||
district submission requirements. | ||
(1) The State Superintendent shall, in accordance with | ||
appropriations made by the General Assembly, meet the | ||
funding obligations created under this Section. | ||
(2) The State Superintendent shall calculate the | ||
Adequacy Target for each Organizational Unit under this | ||
Section. No Evidence-Based Funding shall be distributed | ||
within an Organizational Unit without the approval of the | ||
unit's school board. | ||
(3) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the unit's | ||
aggregate financial adequacy amount, which shall be the | ||
sum of the Adequacy Target for each Organizational Unit. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the unit's total | ||
State funds allocated for its students with disabilities. | ||
The State Superintendent shall calculate and report | ||
separately for each Organizational Unit the amount of | ||
funding and applicable FTE calculated for each Essential | ||
Element of the unit's Adequacy Target. | ||
(4) Annually, the State Superintendent shall calculate | ||
and report to each Organizational Unit the amount the unit |
must expend on special education and bilingual education | ||
and computer technology and equipment for Organizational | ||
Units assigned to Tier 1 or Tier 2 that received an | ||
additional $285.50 per student computer technology and | ||
equipment investment grant to their Adequacy Target | ||
pursuant to the unit's Base Funding Minimum, Special | ||
Education Allocation, Bilingual Education Allocation, and | ||
computer technology and equipment investment allocation. | ||
(5) Moneys distributed under this Section shall be | ||
calculated on a school year basis, but paid on a fiscal | ||
year basis, with payments beginning in August and | ||
extending through June. Unless otherwise provided, the | ||
moneys appropriated for each fiscal year shall be | ||
distributed in 22 equal payments at least 2 times monthly | ||
to each Organizational Unit. If moneys appropriated for | ||
any fiscal year are distributed other than monthly, the | ||
distribution shall be on the same basis for each | ||
Organizational Unit. | ||
(6) Any school district that fails, for any given | ||
school year, to maintain school as required by law or to | ||
maintain a recognized school is not eligible to receive | ||
Evidence-Based Funding. In case of non-recognition of one | ||
or more attendance centers in a school district otherwise | ||
operating recognized schools, the claim of the district | ||
shall be reduced in the proportion that the enrollment in | ||
the attendance center or centers bears to the enrollment |
of the school district. "Recognized school" means any | ||
public school that meets the standards for recognition by | ||
the State Board. A school district or attendance center | ||
not having recognition status at the end of a school term | ||
is entitled to receive State aid payments due upon a legal | ||
claim that was filed while it was recognized. | ||
(7) School district claims filed under this Section | ||
are subject to Sections 18-9 and 18-12 of this Code, | ||
except as otherwise provided in this Section. | ||
(8) Each fiscal year, the State Superintendent shall | ||
calculate for each Organizational Unit an amount of its | ||
Base Funding Minimum and Evidence-Based Funding that shall | ||
be deemed attributable to the provision of special | ||
educational facilities and services, as defined in Section | ||
14-1.08 of this Code, in a manner that ensures compliance | ||
with maintenance of State financial support requirements | ||
under the federal Individuals with Disabilities Education | ||
Act. An Organizational Unit must use such funds only for | ||
the provision of special educational facilities and | ||
services, as defined in Section 14-1.08 of this Code, and | ||
must comply with any expenditure verification procedures | ||
adopted by the State Board. | ||
(9) All Organizational Units in this State must submit | ||
annual spending plans, as part of the budget submission | ||
process, no later than October 31 of each year to the State | ||
Board. The spending plan shall describe how each |
Organizational Unit will utilize the Base Funding Minimum | ||
and Evidence-Based Funding it receives from this State | ||
under this Section with specific identification of the | ||
intended utilization of Low-Income, English learner, and | ||
special education resources. Additionally, the annual | ||
spending plans of each Organizational Unit shall describe | ||
how the Organizational Unit expects to achieve student | ||
growth and how the Organizational Unit will achieve State | ||
education goals, as defined by the State Board. The State | ||
Superintendent may, from time to time, identify additional | ||
requisites for Organizational Units to satisfy when | ||
compiling the annual spending plans required under this | ||
subsection (h). The format and scope of annual spending | ||
plans shall be developed by the State Superintendent and | ||
the State Board of Education. School districts that serve | ||
students under Article 14C of this Code shall continue to | ||
submit information as required under Section 14C-12 of | ||
this Code. | ||
(10) No later than January 1, 2018, the State | ||
Superintendent shall develop a 5-year strategic plan for | ||
all Organizational Units to help in planning for adequacy | ||
funding under this Section. The State Superintendent shall | ||
submit the plan to the Governor and the General Assembly, | ||
as provided in Section 3.1 of the General Assembly | ||
Organization Act. The plan shall include recommendations | ||
for: |
(A) a framework for collaborative, professional, | ||
innovative, and 21st century learning environments | ||
using the Evidence-Based Funding model; | ||
(B) ways to prepare and support this State's | ||
educators for successful instructional careers; | ||
(C) application and enhancement of the current | ||
financial accountability measures, the approved State | ||
plan to comply with the federal Every Student Succeeds | ||
Act, and the Illinois Balanced Accountability Measures | ||
in relation to student growth and elements of the | ||
Evidence-Based Funding model; and | ||
(D) implementation of an effective school adequacy | ||
funding system based on projected and recommended | ||
funding levels from the General Assembly. | ||
(11) On an annual basis, the State Superintendent must | ||
recalibrate all of the following per pupil elements of the | ||
Adequacy Target and applied to the formulas, based on the | ||
study of average expenses and as reported in the most | ||
recent annual financial report: | ||
(A) Gifted under subparagraph (M) of paragraph (2) | ||
of subsection (b). | ||
(B) Instructional materials under subparagraph (O) | ||
of paragraph (2) of subsection (b). | ||
(C) Assessment under subparagraph (P) of paragraph | ||
(2) of subsection (b). | ||
(D) Student activities under subparagraph (R) of |
paragraph (2) of subsection (b). | ||
(E) Maintenance and operations under subparagraph | ||
(S) of paragraph (2) of subsection (b). | ||
(F) Central office under subparagraph (T) of | ||
paragraph (2) of subsection (b). | ||
(i) Professional Review Panel. | ||
(1) A Professional Review Panel is created to study | ||
and review topics related to the implementation and effect | ||
of Evidence-Based Funding, as assigned by a joint | ||
resolution or Public Act of the General Assembly or a | ||
motion passed by the State Board of Education. The Panel | ||
must provide recommendations to and serve the Governor, | ||
the General Assembly, and the State Board. The State | ||
Superintendent or his or her designee must serve as a | ||
voting member and chairperson of the Panel. The State | ||
Superintendent must appoint a vice chairperson from the | ||
membership of the Panel. The Panel must advance | ||
recommendations based on a three-fifths majority vote of | ||
Panel members present and voting. A minority opinion may | ||
also accompany any recommendation of the Panel. The Panel | ||
shall be appointed by the State Superintendent, except as | ||
otherwise provided in paragraph (2) of this subsection (i) | ||
and include the following members: | ||
(A) Two appointees that represent district | ||
superintendents, recommended by a statewide | ||
organization that represents district superintendents. |
(B) Two appointees that represent school boards, | ||
recommended by a statewide organization that | ||
represents school boards. | ||
(C) Two appointees from districts that represent | ||
school business officials, recommended by a statewide | ||
organization that represents school business | ||
officials. | ||
(D) Two appointees that represent school | ||
principals, recommended by a statewide organization | ||
that represents school principals. | ||
(E) Two appointees that represent teachers, | ||
recommended by a statewide organization that | ||
represents teachers. | ||
(F) Two appointees that represent teachers, | ||
recommended by another statewide organization that | ||
represents teachers. | ||
(G) Two appointees that represent regional | ||
superintendents of schools, recommended by | ||
organizations that represent regional superintendents. | ||
(H) Two independent experts selected solely by the | ||
State Superintendent. | ||
(I) Two independent experts recommended by public | ||
universities in this State. | ||
(J) One member recommended by a statewide | ||
organization that represents parents. | ||
(K) Two representatives recommended by collective |
impact organizations that represent major metropolitan | ||
areas or geographic areas in Illinois. | ||
(L) One member from a statewide organization | ||
focused on research-based education policy to support | ||
a school system that prepares all students for | ||
college, a career, and democratic citizenship. | ||
(M) One representative from a school district | ||
organized under Article 34 of this Code. | ||
The State Superintendent shall ensure that the | ||
membership of the Panel includes representatives from | ||
school districts and communities reflecting the | ||
geographic, socio-economic, racial, and ethnic diversity | ||
of this State. The State Superintendent shall additionally | ||
ensure that the membership of the Panel includes | ||
representatives with expertise in bilingual education and | ||
special education. Staff from the State Board shall staff | ||
the Panel. | ||
(2) In addition to those Panel members appointed by | ||
the State Superintendent, 4 members of the General | ||
Assembly shall be appointed as follows: one member of the | ||
House of Representatives appointed by the Speaker of the | ||
House of Representatives, one member of the Senate | ||
appointed by the President of the Senate, one member of | ||
the House of Representatives appointed by the Minority | ||
Leader of the House of Representatives, and one member of | ||
the Senate appointed by the Minority Leader of the Senate. |
There shall be one additional member appointed by the | ||
Governor. All members appointed by legislative leaders or | ||
the Governor shall be non-voting, ex officio members. | ||
(3) The Panel must study topics at the direction of | ||
the General Assembly or State Board of Education, as | ||
provided under paragraph (1). The Panel may also study the | ||
following topics at the direction of the chairperson: | ||
(A) The format and scope of annual spending plans | ||
referenced in paragraph (9) of subsection (h) of this | ||
Section. | ||
(B) The Comparable Wage Index under this Section. | ||
(C) Maintenance and operations, including capital | ||
maintenance and construction costs. | ||
(D) "At-risk student" definition. | ||
(E) Benefits. | ||
(F) Technology. | ||
(G) Local Capacity Target. | ||
(H) Funding for Alternative Schools, Laboratory | ||
Schools, safe schools, and alternative learning | ||
opportunities programs. | ||
(I) Funding for college and career acceleration | ||
strategies. | ||
(J) Special education investments. | ||
(K) Early childhood investments, in collaboration | ||
with the Illinois Early Learning Council. | ||
(4) (Blank). |
(5) Within 5 years after the implementation of this | ||
Section, and every 5 years thereafter, the Panel shall | ||
complete an evaluative study of the entire Evidence-Based | ||
Funding model, including an assessment of whether or not | ||
the formula is achieving State goals. The Panel shall | ||
report to the State Board, the General Assembly, and the | ||
Governor on the findings of the study. | ||
(6) (Blank). | ||
(7) To ensure that (i) the Adequacy Target calculation | ||
under subsection (b) accurately reflects the needs of | ||
students living in poverty or attending schools located in | ||
areas of high poverty, (ii) racial equity within the | ||
Evidence-Based Funding formula is explicitly explored and | ||
advanced, and (iii) the funding goals of the formula | ||
distribution system established under this Section are | ||
sufficient to provide adequate funding for every student | ||
and to fully fund every school in this State, the Panel | ||
shall review the Essential Elements under paragraph (2) of | ||
subsection (b). The Panel shall consider all of the | ||
following in its review: | ||
(A) The financial ability of school districts to | ||
provide instruction in a foreign language to every | ||
student and whether an additional Essential Element | ||
should be added to the formula to ensure that every | ||
student has access to instruction in a foreign | ||
language. |
(B) The adult-to-student ratio for each Essential | ||
Element in which a ratio is identified. The Panel | ||
shall consider whether the ratio accurately reflects | ||
the staffing needed to support students living in | ||
poverty or who have traumatic backgrounds. | ||
(C) Changes to the Essential Elements that may be | ||
required to better promote racial equity and eliminate | ||
structural racism within schools. | ||
(D) The impact of investing $350,000,000 in | ||
additional funds each year under this Section and an | ||
estimate of when the school system will become fully | ||
funded under this level of appropriation. | ||
(E) Provide an overview of alternative funding | ||
structures that would enable the State to become fully | ||
funded at an earlier date. | ||
(F) The potential to increase efficiency and to | ||
find cost savings within the school system to expedite | ||
the journey to a fully funded system. | ||
(G) The appropriate levels for reenrolling and | ||
graduating high-risk high school students who have | ||
been previously out of school. These outcomes shall | ||
include enrollment, attendance, skill gains, credit | ||
gains, graduation or promotion to the next grade | ||
level, and the transition to college, training, or | ||
employment, with an emphasis on progressively | ||
increasing the overall attendance. |
(H) The evidence-based or research-based practices | ||
that are shown to reduce the gaps and disparities | ||
experienced by African American students in academic | ||
achievement and educational performance, including | ||
practices that have been shown to reduce disparities | ||
in disciplinary rates, drop-out rates, graduation | ||
rates, college matriculation rates, and college | ||
completion rates. | ||
On or before December 31, 2021, the Panel shall report | ||
to the State Board, the General Assembly, and the Governor | ||
on the findings of its review. This paragraph (7) is | ||
inoperative on and after July 1, 2022. | ||
(8) On or before April 1, 2024, the Panel must submit a | ||
report to the General Assembly on annual adjustments to | ||
Glenwood Academy's base-funding minimum in a similar | ||
fashion to school districts under this Section. | ||
(j) References. Beginning July 1, 2017, references in | ||
other laws to general State aid funds or calculations under | ||
Section 18-8.05 of this Code (now repealed) shall be deemed to | ||
be references to evidence-based model formula funds or | ||
calculations under this Section. | ||
(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; | ||
102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. | ||
1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, | ||
eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; | ||
revised 8-30-23.) |
(105 ILCS 5/19-6) (from Ch. 122, par. 19-6) | ||
Sec. 19-6. Bond money to school treasurer; delivery | ||
treasurer - Delivery of bonds; record; payment bonds - Record - | ||
Payment . All moneys borrowed under the authority of this | ||
Act, except money borrowed by school districts having a | ||
population of more than 500,000 inhabitants, shall be paid to | ||
the school treasurer of the district. The treasurer shall, | ||
before receiving any of the money, execute a bond with a surety | ||
company authorized to do business in this State, as surety, | ||
payable to the school board of the district in Class I county | ||
school units or township trustees in Class II county school | ||
units and conditioned upon the faithful discharge of his | ||
duties, except that the bond required of the school treasurer | ||
of a school district which is located in a Class II county | ||
school unit but which no longer is subject to the jurisdiction | ||
and authority of a township treasurer or trustees of schools | ||
of a township because the district has withdrawn from the | ||
jurisdiction and authority of the township treasurer and | ||
trustees of schools of the township or because those offices | ||
have been abolished as provided in subsection (b) or (c) of | ||
Section 5-1 shall be payable to the school board of such | ||
district and conditioned upon the faithful discharge of his | ||
duties. The bond shall be submitted for approval or rejection | ||
to the school board of the district or to the township trustees | ||
to which such bond is payable. The penalty of the bond or bonds |
shall be an amount no less than 10% of the amount of such bond | ||
issue, whether individuals act as surety or whether the surety | ||
is given by a surety company authorized to transact business | ||
in this State. The bond shall be in substantially the same form | ||
as that required by Section 8-2 of this Act and when so given | ||
shall fully describe the bond issue which it specifically | ||
covers and shall remain in force until the funds of the bond | ||
issue are taken into account in determining the penalty amount | ||
for the surety bond required by Section 8-2 of this Code. Upon | ||
receiving such moneys the treasurer shall deliver the bonds | ||
issued therefor to the persons entitled to receive them, and | ||
shall credit the funds received to the district issuing the | ||
bonds. The treasurer shall record the amount received for each | ||
bond issued. When any bonds are paid the treasurer shall | ||
cancel them and shall enter, against the record of the bonds, | ||
the words, "paid and cancelled the .... day of ...., 1 ....," | ||
filling the blanks with the day, month, and year corresponding | ||
to the date of payment. | ||
(Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.) | ||
(105 ILCS 5/21B-30) | ||
Sec. 21B-30. Educator testing. | ||
(a) (Blank). | ||
(b) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, shall design | ||
and implement a system of examinations, which shall be |
required prior to the issuance of educator licenses. These | ||
examinations and indicators must be based on national and | ||
State professional teaching standards, as determined by the | ||
State Board of Education, in consultation with the State | ||
Educator Preparation and Licensure Board. The State Board of | ||
Education may adopt such rules as may be necessary to | ||
implement and administer this Section. | ||
(c) (Blank). | ||
(c-5) The State Board must adopt rules to implement a | ||
paraprofessional competency test. This test would allow an | ||
applicant seeking an Educator License with Stipulations with a | ||
paraprofessional educator endorsement to obtain the | ||
endorsement if he or she passes the test and meets the other | ||
requirements of subparagraph (J) of paragraph (2) of Section | ||
21B-20 other than the higher education requirements. | ||
(d) All applicants seeking a State license shall be | ||
required to pass a test of content area knowledge for each area | ||
of endorsement for which there is an applicable test. There | ||
shall be no exception to this requirement. No candidate shall | ||
be allowed to student teach or serve as the teacher of record | ||
until he or she has passed the applicable content area test. | ||
(d-5) The State Board shall consult with any applicable | ||
vendors within 90 days after July 28, 2023 ( the effective date | ||
of Public Act 103-402) this amendatory Act of the 103rd | ||
General Assembly to develop a plan to transition the test of | ||
content area knowledge in the endorsement area of elementary |
education, grades one through 6, by July 1, 2026 to a content | ||
area test that contains testing elements that cover | ||
bilingualism, biliteracy, oral language development, | ||
foundational literacy skills, and developmentally appropriate | ||
higher-order comprehension and on which a valid and reliable | ||
language and literacy subscore can be determined. The State | ||
Board shall base its rules concerning the passing subscore on | ||
the language and literacy portion of the test on the | ||
recommended cut-score determined in the formal | ||
standard-setting process. Candidates need not achieve a | ||
particular subscore in the area of language and literacy. The | ||
State Board shall aggregate and publish the number of | ||
candidates in each preparation program who take the test and | ||
the number who pass the language and literacy portion. | ||
(e) (Blank). | ||
(f) Beginning on August 4, 2023 ( the effective date of | ||
Public Act 103-488) this amendatory Act of the 103rd General | ||
Assembly through August 31, 2025, no candidate completing a | ||
teacher preparation program in this State or candidate subject | ||
to Section 21B-35 of this Code is required to pass a teacher | ||
performance assessment. Except as otherwise provided in this | ||
Article, beginning on September 1, 2015 until August 4, 2023 | ||
( the effective date of Public Act 103-488) this amendatory Act | ||
of the 103rd General Assembly and beginning again on September | ||
1, 2025, all candidates completing teacher preparation | ||
programs in this State and all candidates subject to Section |
21B-35 of this Code are required to pass a teacher performance | ||
assessment approved by the State Board of Education, in | ||
consultation with the State Educator Preparation and Licensure | ||
Board. A candidate may not be required to submit test | ||
materials by video submission. Subject to appropriation, an | ||
individual who holds a Professional Educator License and is | ||
employed for a minimum of one school year by a school district | ||
designated as Tier 1 under Section 18-8.15 may, after | ||
application to the State Board, receive from the State Board a | ||
refund for any costs associated with completing the teacher | ||
performance assessment under this subsection. | ||
(f-5) The Teacher Performance Assessment Task Force is | ||
created to evaluate potential performance-based and objective | ||
teacher performance assessment systems for implementation | ||
across all educator preparation programs in this State, with | ||
the intention of ensuring consistency across programs and | ||
supporting a thoughtful and well-rounded licensure system. | ||
Members appointed to the Task Force must reflect the racial, | ||
ethnic, and geographic diversity of this State. The Task Force | ||
shall consist of all of the following members: | ||
(1) One member of the Senate, appointed by the | ||
President of the Senate. | ||
(2) One member of the Senate, appointed by the | ||
Minority Leader of the Senate. | ||
(3) One member of the House of Representatives, | ||
appointed by the Speaker of the House of Representatives. |
(4) One member of the House of Representatives, | ||
appointed by the Minority Leader of the House of | ||
Representatives. | ||
(5) One member who represents a statewide professional | ||
teachers' organization, appointed by the State | ||
Superintendent of Education. | ||
(6) One member who represents a different statewide | ||
professional teachers' organization, appointed by the | ||
State Superintendent of Education. | ||
(7) One member from a statewide organization | ||
representing school principals, appointed by the State | ||
Superintendent of Education. | ||
(8) One member from a statewide organization | ||
representing regional superintendents of schools, | ||
appointed by the State Superintendent of Education. | ||
(9) One member from a statewide organization | ||
representing school administrators, appointed by the State | ||
Superintendent of Education. | ||
(10) One member representing a school district | ||
organized under Article 34 of this Code, appointed by the | ||
State Superintendent of Education. | ||
(11) One member of an association representing rural | ||
and small schools, appointed by the State Superintendent | ||
of Education. | ||
(12) One member representing a suburban school | ||
district, appointed by the State Superintendent of |
Education. | ||
(13) One member from a statewide organization | ||
representing school districts in the southern suburbs of | ||
the City of Chicago, appointed by the State Superintendent | ||
of Education. | ||
(14) One member from a statewide organization | ||
representing large unit school districts, appointed by the | ||
State Superintendent of Education. | ||
(15) One member from a statewide organization | ||
representing school districts in the collar counties of | ||
the City of Chicago, appointed by the State Superintendent | ||
of Education. | ||
(16) Three members, each representing a different | ||
public university in this State and each a current member | ||
of the faculty of an approved educator preparation | ||
program, appointed by the State Superintendent of | ||
Education. | ||
(17) Three members, each representing a different | ||
4-year nonpublic university or college in this State and | ||
each a current member of the faculty of an approved | ||
educator preparation program, appointed by the State | ||
Superintendent of Education. | ||
(18) One member of the Board of Higher Education, | ||
appointed by the State Superintendent of Education. | ||
(19) One member representing a statewide policy | ||
organization advocating on behalf of multilingual students |
and families, appointed by the State Superintendent of | ||
Education. | ||
(20) One member representing a statewide organization | ||
focused on research-based education policy to support a | ||
school system that prepares all students for college, a | ||
career, and democratic citizenship, appointed by the State | ||
Superintendent of Education. | ||
(21) Two members representing an early childhood | ||
advocacy organization, appointed by the State | ||
Superintendent of Education. | ||
(22) One member representing a statewide organization | ||
that partners with educator preparation programs and | ||
school districts to support the growth and development of | ||
preservice teachers, appointed by the State Superintendent | ||
of Education. | ||
(23) One member representing a statewide organization | ||
that advocates for educational equity and racial justice | ||
in schools, appointed by the State Superintendent of | ||
Education. | ||
(24) One member representing a statewide organization | ||
that represents school boards, appointed by the State | ||
Superintendent of Education. | ||
(25) One member who has, within the last 5 years, | ||
served as a cooperating teacher, appointed by the State | ||
Superintendent of Education. | ||
Members of the Task Force shall serve without |
compensation. The Task Force shall first meet at the call of | ||
the State Superintendent of Education, and each subsequent | ||
meeting shall be called by the chairperson of the Task Force, | ||
who shall be designated by the State Superintendent of | ||
Education. The State Board of Education shall provide | ||
administrative and other support to the Task Force. | ||
On or before August 1, 2024, the Task Force shall report on | ||
its work, including recommendations on a teacher performance | ||
assessment system in this State, to the State Board of | ||
Education and the General Assembly. The Task Force is | ||
dissolved upon submission of this report. | ||
(g) The content area knowledge test and the teacher | ||
performance assessment shall be the tests that from time to | ||
time are designated by the State Board of Education, in | ||
consultation with the State Educator Preparation and Licensure | ||
Board, and may be tests prepared by an educational testing | ||
organization or tests designed by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. The test of content area knowledge shall | ||
assess content knowledge in a specific subject field. The | ||
tests must be designed to be racially neutral to ensure that no | ||
person taking the tests is discriminated against on the basis | ||
of race, color, national origin, or other factors unrelated to | ||
the person's ability to perform as a licensed employee. The | ||
score required to pass the tests shall be fixed by the State | ||
Board of Education, in consultation with the State Educator |
Preparation and Licensure Board. The tests shall be | ||
administered not fewer than 3 times a year at such time and | ||
place as may be designated by the State Board of Education, in | ||
consultation with the State Educator Preparation and Licensure | ||
Board. | ||
The State Board shall implement a test or tests to assess | ||
the speaking, reading, writing, and grammar skills of | ||
applicants for an endorsement or a license issued under | ||
subdivision (G) of paragraph (2) of Section 21B-20 of this | ||
Code in the English language and in the language of the | ||
transitional bilingual education program requested by the | ||
applicant. | ||
(h) Except as provided in Section 34-6 of this Code, the | ||
provisions of this Section shall apply equally in any school | ||
district subject to Article 34 of this Code. | ||
(i) The rules developed to implement and enforce the | ||
testing requirements under this Section shall include, without | ||
limitation, provisions governing test selection, test | ||
validation, and determination of a passing score, | ||
administration of the tests, frequency of administration, | ||
applicant fees, frequency of applicants taking the tests, the | ||
years for which a score is valid, and appropriate special | ||
accommodations. The State Board of Education shall develop | ||
such rules as may be needed to ensure uniformity from year to | ||
year in the level of difficulty for each form of an assessment. | ||
(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23; |
103-488, eff. 8-4-23; revised 9-1-23.) | ||
(105 ILCS 5/21B-50) | ||
Sec. 21B-50. Alternative Educator Licensure Program for | ||
Teachers . | ||
(a) There is established an alternative educator licensure | ||
program, to be known as the Alternative Educator Licensure | ||
Program for Teachers. | ||
(b) The Alternative Educator Licensure Program for | ||
Teachers may be offered by a recognized institution approved | ||
to offer educator preparation programs by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. | ||
The program shall be comprised of up to 3 phases: | ||
(1) A course of study that at a minimum includes | ||
instructional planning; instructional strategies, | ||
including special education, reading, and English language | ||
learning; classroom management; and the assessment of | ||
students and use of data to drive instruction. | ||
(2) A year of residency, which is a candidate's | ||
assignment to a full-time teaching position or as a | ||
co-teacher for one full school year. An individual must | ||
hold an Educator License with Stipulations with an | ||
alternative provisional educator endorsement in order to | ||
enter the residency. In residency, the candidate must : be | ||
assigned an effective, fully licensed teacher by the |
principal or principal equivalent to act as a mentor and | ||
coach the candidate through residency, complete additional | ||
program requirements that address required State and | ||
national standards, pass the State Board's teacher | ||
performance assessment, if required under Section 21B-30, | ||
and be recommended by the principal or qualified | ||
equivalent of a principal, as required under subsection | ||
(d) of this Section, and the program coordinator to be | ||
recommended for full licensure or to continue with a | ||
second year of the residency. | ||
(3) (Blank). | ||
(4) A comprehensive assessment of the candidate's | ||
teaching effectiveness, as evaluated by the principal or | ||
qualified equivalent of a principal, as required under | ||
subsection (d) of this Section, and the program | ||
coordinator, at the end of either the first or the second | ||
year of residency. If there is disagreement between the 2 | ||
evaluators about the candidate's teaching effectiveness at | ||
the end of the first year of residency, a second year of | ||
residency shall be required. If there is disagreement | ||
between the 2 evaluators at the end of the second year of | ||
residency, the candidate may complete one additional year | ||
of residency teaching under a professional development | ||
plan developed by the principal or qualified equivalent | ||
and the preparation program. At the completion of the | ||
third year, a candidate must have positive evaluations and |
a recommendation for full licensure from both the | ||
principal or qualified equivalent and the program | ||
coordinator or no Professional Educator License shall be | ||
issued. | ||
Successful completion of the program shall be deemed to | ||
satisfy any other practice or student teaching and content | ||
matter requirements established by law. | ||
(c) An alternative provisional educator endorsement on an | ||
Educator License with Stipulations is valid for up to 2 years | ||
of teaching in the public schools, including without | ||
limitation a preschool educational program under Section | ||
2-3.71 of this Code or charter school, or in a | ||
State-recognized nonpublic school in which the chief | ||
administrator is required to have the licensure necessary to | ||
be a principal in a public school in this State and in which a | ||
majority of the teachers are required to have the licensure | ||
necessary to be instructors in a public school in this State, | ||
but may be renewed for a third year if needed to complete the | ||
Alternative Educator Licensure Program for Teachers. The | ||
endorsement shall be issued only once to an individual who | ||
meets all of the following requirements: | ||
(1) Has graduated from a regionally accredited college | ||
or university with a bachelor's degree or higher. | ||
(2) (Blank). | ||
(3) Has completed a major in the content area if | ||
seeking a middle or secondary level endorsement or, if |
seeking an early childhood, elementary, or special | ||
education endorsement, has completed a major in the | ||
content area of early childhood reading, English/language | ||
arts, mathematics, or one of the sciences. If the | ||
individual does not have a major in a content area for any | ||
level of teaching, he or she must submit transcripts to | ||
the State Board of Education to be reviewed for | ||
equivalency. | ||
(4) Has successfully completed phase (1) of subsection | ||
(b) of this Section. | ||
(5) Has passed a content area test required for the | ||
specific endorsement for admission into the program, as | ||
required under Section 21B-30 of this Code. | ||
A candidate possessing the alternative provisional | ||
educator endorsement may receive a salary, benefits, and any | ||
other terms of employment offered to teachers in the school | ||
who are members of an exclusive bargaining representative, if | ||
any, but a school is not required to provide these benefits | ||
during the years of residency if the candidate is serving only | ||
as a co-teacher. If the candidate is serving as the teacher of | ||
record, the candidate must receive a salary, benefits, and any | ||
other terms of employment. Residency experiences must not be | ||
counted towards tenure. | ||
(d) The recognized institution offering the Alternative | ||
Educator Licensure Program for Teachers must partner with a | ||
school district, including without limitation a preschool |
educational program under Section 2-3.71 of this Code or | ||
charter school, or a State-recognized, nonpublic school in | ||
this State in which the chief administrator is required to | ||
have the licensure necessary to be a principal in a public | ||
school in this State and in which a majority of the teachers | ||
are required to have the licensure necessary to be instructors | ||
in a public school in this State. A recognized institution | ||
that partners with a public school district administering a | ||
preschool educational program under Section 2-3.71 of this | ||
Code must require a principal to recommend or evaluate | ||
candidates in the program. A recognized institution that | ||
partners with an eligible entity administering a preschool | ||
educational program under Section 2-3.71 of this Code and that | ||
is not a public school district must require a principal or | ||
qualified equivalent of a principal to recommend or evaluate | ||
candidates in the program. The program presented for approval | ||
by the State Board of Education must demonstrate the supports | ||
that are to be provided to assist the provisional teacher | ||
during the one-year 1-year or 2-year residency period and if | ||
the residency period is to be less than 2 years in length, | ||
assurances from the partner school districts to provide | ||
intensive mentoring and supports through at least the end of | ||
the second full year of teaching for educators who completed | ||
the Alternative Educator Educators Licensure Program for | ||
Teachers in less than 2 years. These supports must, at a | ||
minimum, provide additional contact hours with mentors during |
the first year of residency. | ||
(e) Upon completion of phases under paragraphs (1), (2), | ||
(4), and, if needed, (3) in subsection (b) of this Section and | ||
all assessments required under Section 21B-30 of this Code, an | ||
individual shall receive a Professional Educator License. | ||
(f) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to establish and implement the | ||
Alternative Educator Licensure Program for Teachers. | ||
(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||
revised 9-1-23.) | ||
(105 ILCS 5/21B-70) | ||
Sec. 21B-70. Illinois Teaching Excellence Program. | ||
(a) As used in this Section: | ||
"Diverse candidate" means a candidate who identifies with | ||
any of the ethnicities reported on the Illinois Report Card | ||
other than White. | ||
"Hard-to-staff school" means a public school in which no | ||
less than 30% of the student enrollment is considered | ||
low-income as reported by the report card under Section 10-17a | ||
of this Code. | ||
"National Board certified teacher candidate cohort | ||
facilitator" means a National Board certified teacher who | ||
collaborates to advance the goal of supporting all other | ||
candidate cohorts other than diverse candidate cohorts through |
the Illinois National Board for Professional Teaching | ||
Standards Comprehensive Support System. | ||
"National Board certified teacher diverse candidate cohort | ||
facilitator" means a National Board certified teacher who | ||
collaborates to advance the goal of supporting racially and | ||
ethnically diverse candidates through the Illinois National | ||
Board for Professional Teaching Standards Comprehensive | ||
Support System. | ||
"National Board certified teacher diverse liaison" means | ||
an individual or entity that supports the National Board | ||
certified teacher leading a diverse candidate cohort. | ||
"National Board certified teacher liaison" means an | ||
individual or entity that supports the National Board | ||
certified teacher leading candidate cohorts other than diverse | ||
candidate cohorts. | ||
"National Board certified teacher rural or remote or | ||
distant candidate cohort facilitator" means a National Board | ||
certified teacher who collaborates to advance the goal of | ||
supporting rural or remote candidates through the Illinois | ||
National Board for Professional Teaching Standards | ||
Comprehensive Support System. | ||
"National Board certified teacher rural or remote or | ||
distant liaison" means an individual or entity that supports | ||
the National Board certified teacher leading a rural or remote | ||
candidate cohort. | ||
"Qualified educator" means a teacher or school counselor |
currently employed in a school district who is in the process | ||
of obtaining certification through the National Board for | ||
Professional Teaching Standards or who has completed | ||
certification and holds a current Professional Educator | ||
License with a National Board for Professional Teaching | ||
Standards designation or a retired teacher or school counselor | ||
who holds a Professional Educator License with a National | ||
Board for Professional Teaching Standards designation. | ||
"Rural or remote" or "rural or remote or distant" means | ||
local codes 32, 33, 41, 42, and 43 of the New Urban-Centric | ||
Locale Codes, as defined by the National Center for Education | ||
Statistics. | ||
"Tier 1" has the meaning given to that term under Section | ||
18-8.15. | ||
"Tier 2" has the meaning given to that term under Section | ||
18-8.15. | ||
(b) Any funds appropriated for the Illinois Teaching | ||
Excellence Program must be used to provide monetary assistance | ||
and incentives for qualified educators who are employed by or | ||
retired from school districts and who have or are in the | ||
process of obtaining licensure through the National Board for | ||
Professional Teaching Standards. The goal of the program is to | ||
improve instruction and student performance. | ||
The State Board of Education shall allocate an amount as | ||
annually appropriated by the General Assembly for the Illinois | ||
Teaching Excellence Program for (i) application or re-take |
fees for each qualified educator seeking to complete | ||
certification through the National Board for Professional | ||
Teaching Standards, to be paid directly to the National Board | ||
for Professional Teaching Standards, and (ii) incentives under | ||
paragraphs (1), (2), and (3) of subsection (c) for each | ||
qualified educator, to be distributed to the respective school | ||
district, and incentives under paragraph (5) of subsection | ||
(c), to be distributed to the respective school district or | ||
directly to the qualified educator. The school district shall | ||
distribute this payment to each eligible teacher or school | ||
counselor as a single payment. | ||
The State Board of Education's annual budget must set out | ||
by separate line item the appropriation for the program. | ||
Unless otherwise provided by appropriation, qualified | ||
educators are eligible for monetary assistance and incentives | ||
outlined in subsections (c) and (d) of this Section. | ||
(c) When there are adequate funds available, monetary | ||
assistance and incentives shall include the following: | ||
(1) A maximum of $2,000 toward towards the application | ||
or re-take fee for teachers or school counselors in a Tier | ||
1 school district who apply on a first-come, first-serve | ||
basis for National Board certification. | ||
(2) A maximum of $2,000 toward towards the application | ||
or re-take fee for teachers or school counselors in a | ||
school district other than a Tier 1 school district who | ||
apply on a first-come, first-serve basis for National |
Board certification. | ||
(3) A maximum of $1,000 toward towards the National | ||
Board for Professional Teaching Standards' renewal | ||
application fee. | ||
(4) (Blank). | ||
(5) An annual incentive of no more than $2,250 | ||
prorated at $50 per hour, which shall be paid to each | ||
qualified educator currently employed in a school district | ||
who holds both a National Board for Professional Teaching | ||
Standards designation and a current corresponding | ||
certificate issued by the National Board for Professional | ||
Teaching Standards and who agrees, in writing, to provide | ||
up to 45 hours of mentoring or National Board for | ||
Professional Teaching Standards professional development | ||
or both during the school year to classroom teachers or | ||
school counselors, as applicable. Funds must be disbursed | ||
on a first-come, first-serve basis, with priority given to | ||
Tier 1 school districts. Mentoring shall include, either | ||
singly or in combination, the following: | ||
(A) National Board for Professional Teaching | ||
Standards certification candidates. | ||
(B) National Board for Professional Teaching | ||
Standards re-take candidates. | ||
(C) National Board for Professional Teaching | ||
Standards renewal candidates. | ||
(D) (Blank). |
Funds may also be used for professional development | ||
training provided by the National Board Resource Center. | ||
Funds may also be used for instructional leadership | ||
training for qualified educators interested in supporting | ||
implementation of the Illinois Learning Standards or teaching | ||
and learning priorities of the State Board of Education or | ||
both. | ||
(d) In addition to the monetary assistance and incentives | ||
provided under subsection (c), if adequate funds are | ||
available, incentives shall include the following incentives | ||
for the program in rural or remote schools or school districts | ||
or for programs working with diverse candidates or for | ||
retention bonuses for hard-to-staff hard to staff schools, to | ||
be distributed to the respective school district or directly | ||
to the qualified educator or entity: | ||
(1) A one-time incentive of $3,000 payable to National | ||
Board certified teachers teaching in Tier 1 or Tier 2 | ||
rural or remote school districts or rural or remote | ||
schools in Tier 1 or Tier 2 school districts, with | ||
priority given to teachers teaching in Tier 1 rural or | ||
remote school districts or rural or remote schools in Tier | ||
1 school districts. | ||
(2) An annual incentive of $3,200 for National Board | ||
certified teacher rural or remote or distant candidate | ||
cohort facilitators, diverse candidate cohort | ||
facilitators, and candidate cohort facilitators. Priority |
shall be given to rural or remote candidate cohort | ||
facilitators and diverse candidate cohort facilitators. | ||
(3) An annual incentive of $2,500 for National Board | ||
certified teacher rural or remote or distant liaisons, | ||
diverse liaisons, and liaisons. Priority shall be given to | ||
rural or remote liaisons and diverse liaisons. | ||
(4) An annual retention bonus of $4,000 per year for 2 | ||
consecutive years shall be awarded to National Board | ||
certified teachers employed in hard-to-staff schools. | ||
Funds must be disbursed on a first-come, first-served | ||
basis. | ||
(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24; | ||
revised 12-12-23.) | ||
(105 ILCS 5/22-30) | ||
(Text of Section before amendment by P.A. 103-542 ) | ||
Sec. 22-30. Self-administration and self-carry of asthma | ||
medication and epinephrine injectors; administration of | ||
undesignated epinephrine injectors; administration of an | ||
opioid antagonist; administration of undesignated asthma | ||
medication; supply of undesignated oxygen tanks; asthma | ||
episode emergency response protocol. | ||
(a) For the purpose of this Section only, the following | ||
terms shall have the meanings set forth below: | ||
"Asthma action plan" means a written plan developed with a | ||
pupil's medical provider to help control the pupil's asthma. |
The goal of an asthma action plan is to reduce or prevent | ||
flare-ups and emergency department visits through day-to-day | ||
management and to serve as a student-specific document to be | ||
referenced in the event of an asthma episode. | ||
"Asthma episode emergency response protocol" means a | ||
procedure to provide assistance to a pupil experiencing | ||
symptoms of wheezing, coughing, shortness of breath, chest | ||
tightness, or breathing difficulty. | ||
"Epinephrine injector" includes an auto-injector approved | ||
by the United States Food and Drug Administration for the | ||
administration of epinephrine and a pre-filled syringe | ||
approved by the United States Food and Drug Administration and | ||
used for the administration of epinephrine that contains a | ||
pre-measured dose of epinephrine that is equivalent to the | ||
dosages used in an auto-injector. | ||
"Asthma medication" means quick-relief asthma medication, | ||
including albuterol or other short-acting bronchodilators, | ||
that is approved by the United States Food and Drug | ||
Administration for the treatment of respiratory distress. | ||
"Asthma medication" includes medication delivered through a | ||
device, including a metered dose inhaler with a reusable or | ||
disposable spacer or a nebulizer with a mouthpiece or mask. | ||
"Opioid antagonist" means a drug that binds to opioid | ||
receptors and blocks or inhibits the effect of opioids acting | ||
on those receptors, including, but not limited to, naloxone | ||
hydrochloride or any other similarly acting drug approved by |
the U.S. Food and Drug Administration. | ||
"Respiratory distress" means the perceived or actual | ||
presence of wheezing, coughing, shortness of breath, chest | ||
tightness, breathing difficulty, or any other symptoms | ||
consistent with asthma. Respiratory distress may be | ||
categorized as "mild-to-moderate" or "severe". | ||
"School nurse" means a registered nurse working in a | ||
school with or without licensure endorsed in school nursing. | ||
"Self-administration" means a pupil's discretionary use of | ||
his or her prescribed asthma medication or epinephrine | ||
injector. | ||
"Self-carry" means a pupil's ability to carry his or her | ||
prescribed asthma medication or epinephrine injector. | ||
"Standing protocol" may be issued by (i) a physician | ||
licensed to practice medicine in all its branches, (ii) a | ||
licensed physician assistant with prescriptive authority, or | ||
(iii) a licensed advanced practice registered nurse with | ||
prescriptive authority. | ||
"Trained personnel" means any school employee or volunteer | ||
personnel authorized in Sections 10-22.34, 10-22.34a, and | ||
10-22.34b of this Code who has completed training under | ||
subsection (g) of this Section to recognize and respond to | ||
anaphylaxis, an opioid overdose, or respiratory distress. | ||
"Undesignated asthma medication" means asthma medication | ||
prescribed in the name of a school district, public school, | ||
charter school, or nonpublic school. |
"Undesignated epinephrine injector" means an epinephrine | ||
injector prescribed in the name of a school district, public | ||
school, charter school, or nonpublic school. | ||
(b) A school, whether public, charter, or nonpublic, must | ||
permit the self-administration and self-carry of asthma | ||
medication by a pupil with asthma or the self-administration | ||
and self-carry of an epinephrine injector by a pupil, provided | ||
that: | ||
(1) the parents or guardians of the pupil provide to | ||
the school (i) written authorization from the parents or | ||
guardians for (A) the self-administration and self-carry | ||
of asthma medication or (B) the self-carry of asthma | ||
medication or (ii) for (A) the self-administration and | ||
self-carry of an epinephrine injector or (B) the | ||
self-carry of an epinephrine injector, written | ||
authorization from the pupil's physician, physician | ||
assistant, or advanced practice registered nurse; and | ||
(2) the parents or guardians of the pupil provide to | ||
the school (i) the prescription label, which must contain | ||
the name of the asthma medication, the prescribed dosage, | ||
and the time at which or circumstances under which the | ||
asthma medication is to be administered, or (ii) for the | ||
self-administration or self-carry of an epinephrine | ||
injector, a written statement from the pupil's physician, | ||
physician assistant, or advanced practice registered nurse | ||
containing the following information: |
(A) the name and purpose of the epinephrine | ||
injector; | ||
(B) the prescribed dosage; and | ||
(C) the time or times at which or the special | ||
circumstances under which the epinephrine injector is | ||
to be administered. | ||
The information provided shall be kept on file in the office of | ||
the school nurse or, in the absence of a school nurse, the | ||
school's administrator. | ||
(b-5) A school district, public school, charter school, or | ||
nonpublic school may authorize the provision of a | ||
student-specific or undesignated epinephrine injector to a | ||
student or any personnel authorized under a student's | ||
Individual Health Care Action Plan, allergy emergency action | ||
plan, or plan pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973 to administer an epinephrine | ||
injector to the student, that meets the student's prescription | ||
on file. | ||
(b-10) The school district, public school, charter school, | ||
or nonpublic school may authorize a school nurse or trained | ||
personnel to do the following: (i) provide an undesignated | ||
epinephrine injector to a student for self-administration only | ||
or any personnel authorized under a student's Individual | ||
Health Care Action Plan, allergy emergency action plan, plan | ||
pursuant to Section 504 of the federal Rehabilitation Act of | ||
1973, or individualized education program plan to administer |
to the student that meets the student's prescription on file; | ||
(ii) administer an undesignated epinephrine injector that | ||
meets the prescription on file to any student who has an | ||
Individual Health Care Action Plan, allergy emergency action | ||
plan, plan pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973, or individualized education | ||
program plan that authorizes the use of an epinephrine | ||
injector; (iii) administer an undesignated epinephrine | ||
injector to any person that the school nurse or trained | ||
personnel in good faith believes is having an anaphylactic | ||
reaction; (iv) administer an opioid antagonist to any person | ||
that the school nurse or trained personnel in good faith | ||
believes is having an opioid overdose; (v) provide | ||
undesignated asthma medication to a student for | ||
self-administration only or to any personnel authorized under | ||
a student's Individual Health Care Action Plan or asthma | ||
action plan, plan pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973, or individualized education | ||
program plan to administer to the student that meets the | ||
student's prescription on file; (vi) administer undesignated | ||
asthma medication that meets the prescription on file to any | ||
student who has an Individual Health Care Action Plan or | ||
asthma action plan, plan pursuant to Section 504 of the | ||
federal Rehabilitation Act of 1973, or individualized | ||
education program plan that authorizes the use of asthma | ||
medication; and (vii) administer undesignated asthma |
medication to any person that the school nurse or trained | ||
personnel believes in good faith is having respiratory | ||
distress. | ||
(c) The school district, public school, charter school, or | ||
nonpublic school must inform the parents or guardians of the | ||
pupil, in writing, that the school district, public school, | ||
charter school, or nonpublic school and its employees and | ||
agents, including a physician, physician assistant, or | ||
advanced practice registered nurse providing standing protocol | ||
and a prescription for school epinephrine injectors, an opioid | ||
antagonist, or undesignated asthma medication, are to incur no | ||
liability or professional discipline, except for willful and | ||
wanton conduct, as a result of any injury arising from the | ||
administration of asthma medication, an epinephrine injector, | ||
or an opioid antagonist regardless of whether authorization | ||
was given by the pupil's parents or guardians or by the pupil's | ||
physician, physician assistant, or advanced practice | ||
registered nurse. The parents or guardians of the pupil must | ||
sign a statement acknowledging that the school district, | ||
public school, charter school, or nonpublic school and its | ||
employees and agents are to incur no liability, except for | ||
willful and wanton conduct, as a result of any injury arising | ||
from the administration of asthma medication, an epinephrine | ||
injector, or an opioid antagonist regardless of whether | ||
authorization was given by the pupil's parents or guardians or | ||
by the pupil's physician, physician assistant, or advanced |
practice registered nurse and that the parents or guardians | ||
must indemnify and hold harmless the school district, public | ||
school, charter school, or nonpublic school and its employees | ||
and agents against any claims, except a claim based on willful | ||
and wanton conduct, arising out of the administration of | ||
asthma medication, an epinephrine injector, or an opioid | ||
antagonist regardless of whether authorization was given by | ||
the pupil's parents or guardians or by the pupil's physician, | ||
physician assistant, or advanced practice registered nurse. | ||
(c-5) When a school nurse or trained personnel administers | ||
an undesignated epinephrine injector to a person whom the | ||
school nurse or trained personnel in good faith believes is | ||
having an anaphylactic reaction, administers an opioid | ||
antagonist to a person whom the school nurse or trained | ||
personnel in good faith believes is having an opioid overdose, | ||
or administers undesignated asthma medication to a person whom | ||
the school nurse or trained personnel in good faith believes | ||
is having respiratory distress, notwithstanding the lack of | ||
notice to the parents or guardians of the pupil or the absence | ||
of the parents or guardians signed statement acknowledging no | ||
liability, except for willful and wanton conduct, the school | ||
district, public school, charter school, or nonpublic school | ||
and its employees and agents, and a physician, a physician | ||
assistant, or an advanced practice registered nurse providing | ||
standing protocol and a prescription for undesignated | ||
epinephrine injectors, an opioid antagonist, or undesignated |
asthma medication, are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result | ||
of any injury arising from the use of an undesignated | ||
epinephrine injector, the use of an opioid antagonist, or the | ||
use of undesignated asthma medication, regardless of whether | ||
authorization was given by the pupil's parents or guardians or | ||
by the pupil's physician, physician assistant, or advanced | ||
practice registered nurse. | ||
(d) The permission for self-administration and self-carry | ||
of asthma medication or the self-administration and self-carry | ||
of an epinephrine injector is effective for the school year | ||
for which it is granted and shall be renewed each subsequent | ||
school year upon fulfillment of the requirements of this | ||
Section. | ||
(e) Provided that the requirements of this Section are | ||
fulfilled, a pupil with asthma may self-administer and | ||
self-carry his or her asthma medication or a pupil may | ||
self-administer and self-carry an epinephrine injector (i) | ||
while in school, (ii) while at a school-sponsored activity, | ||
(iii) while under the supervision of school personnel, or (iv) | ||
before or after normal school activities, such as while in | ||
before-school or after-school care on school-operated property | ||
or while being transported on a school bus. | ||
(e-5) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer | ||
an undesignated epinephrine injector to any person whom the |
school nurse or trained personnel in good faith believes to be | ||
having an anaphylactic reaction (i) while in school, (ii) | ||
while at a school-sponsored activity, (iii) while under the | ||
supervision of school personnel, or (iv) before or after | ||
normal school activities, such as while in before-school or | ||
after-school care on school-operated property or while being | ||
transported on a school bus. A school nurse or trained | ||
personnel may carry undesignated epinephrine injectors on his | ||
or her person while in school or at a school-sponsored | ||
activity. | ||
(e-10) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer | ||
an opioid antagonist to any person whom the school nurse or | ||
trained personnel in good faith believes to be having an | ||
opioid overdose (i) while in school, (ii) while at a | ||
school-sponsored activity, (iii) while under the supervision | ||
of school personnel, or (iv) before or after normal school | ||
activities, such as while in before-school or after-school | ||
care on school-operated property. A school nurse or trained | ||
personnel may carry an opioid antagonist on his or her person | ||
while in school or at a school-sponsored activity. | ||
(e-15) If the requirements of this Section are met, a | ||
school nurse or trained personnel may administer undesignated | ||
asthma medication to any person whom the school nurse or | ||
trained personnel in good faith believes to be experiencing | ||
respiratory distress (i) while in school, (ii) while at a |
school-sponsored activity, (iii) while under the supervision | ||
of school personnel, or (iv) before or after normal school | ||
activities, including before-school or after-school care on | ||
school-operated property. A school nurse or trained personnel | ||
may carry undesignated asthma medication on his or her person | ||
while in school or at a school-sponsored activity. | ||
(f) The school district, public school, charter school, or | ||
nonpublic school may maintain a supply of undesignated | ||
epinephrine injectors in any secure location that is | ||
accessible before, during, and after school where an allergic | ||
person is most at risk, including, but not limited to, | ||
classrooms and lunchrooms. A physician, a physician assistant | ||
who has prescriptive authority in accordance with Section 7.5 | ||
of the Physician Assistant Practice Act of 1987, or an | ||
advanced practice registered nurse who has prescriptive | ||
authority in accordance with Section 65-40 of the Nurse | ||
Practice Act may prescribe undesignated epinephrine injectors | ||
in the name of the school district, public school, charter | ||
school, or nonpublic school to be maintained for use when | ||
necessary. Any supply of epinephrine injectors shall be | ||
maintained in accordance with the manufacturer's instructions. | ||
The school district, public school, charter school, or | ||
nonpublic school shall maintain a supply of an opioid | ||
antagonist in any secure location where an individual may have | ||
an opioid overdose, unless there is a shortage of opioid | ||
antagonists, in which case the school district, public school, |
charter school, or nonpublic school shall make a reasonable | ||
effort to maintain a supply of an opioid antagonist. Unless | ||
the school district, public school, charter school, or | ||
nonpublic school is able to obtain opioid antagonists without | ||
a prescription, a health care professional who has been | ||
delegated prescriptive authority for opioid antagonists in | ||
accordance with Section 5-23 of the Substance Use Disorder Act | ||
shall prescribe opioid antagonists in the name of the school | ||
district, public school, charter school, or nonpublic school, | ||
to be maintained for use when necessary. Any supply of opioid | ||
antagonists shall be maintained in accordance with the | ||
manufacturer's instructions. | ||
The school district, public school, charter school, or | ||
nonpublic school may maintain a supply of asthma medication in | ||
any secure location that is accessible before, during, or | ||
after school where a person is most at risk, including, but not | ||
limited to, a classroom or the nurse's office. A physician, a | ||
physician assistant who has prescriptive authority under | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
or an advanced practice registered nurse who has prescriptive | ||
authority under Section 65-40 of the Nurse Practice Act may | ||
prescribe undesignated asthma medication in the name of the | ||
school district, public school, charter school, or nonpublic | ||
school to be maintained for use when necessary. Any supply of | ||
undesignated asthma medication must be maintained in | ||
accordance with the manufacturer's instructions. |
A school district that provides special educational | ||
facilities for children with disabilities under Section | ||
14-4.01 of this Code may maintain a supply of undesignated | ||
oxygen tanks in any secure location that is accessible before, | ||
during, and after school where a person with developmental | ||
disabilities is most at risk, including, but not limited to, | ||
classrooms and lunchrooms. A physician, a physician assistant | ||
who has prescriptive authority in accordance with Section 7.5 | ||
of the Physician Assistant Practice Act of 1987, or an | ||
advanced practice registered nurse who has prescriptive | ||
authority in accordance with Section 65-40 of the Nurse | ||
Practice Act may prescribe undesignated oxygen tanks in the | ||
name of the school district that provides special educational | ||
facilities for children with disabilities under Section | ||
14-4.01 of this Code to be maintained for use when necessary. | ||
Any supply of oxygen tanks shall be maintained in accordance | ||
with the manufacturer's instructions and with the local fire | ||
department's rules. | ||
(f-3) Whichever entity initiates the process of obtaining | ||
undesignated epinephrine injectors and providing training to | ||
personnel for carrying and administering undesignated | ||
epinephrine injectors shall pay for the costs of the | ||
undesignated epinephrine injectors. | ||
(f-5) Upon any administration of an epinephrine injector, | ||
a school district, public school, charter school, or nonpublic | ||
school must immediately activate the EMS system and notify the |
student's parent, guardian, or emergency contact, if known. | ||
Upon any administration of an opioid antagonist, a school | ||
district, public school, charter school, or nonpublic school | ||
must immediately activate the EMS system and notify the | ||
student's parent, guardian, or emergency contact, if known. | ||
(f-10) Within 24 hours of the administration of an | ||
undesignated epinephrine injector, a school district, public | ||
school, charter school, or nonpublic school must notify the | ||
physician, physician assistant, or advanced practice | ||
registered nurse who provided the standing protocol and a | ||
prescription for the undesignated epinephrine injector of its | ||
use. | ||
Within 24 hours after the administration of an opioid | ||
antagonist, a school district, public school, charter school, | ||
or nonpublic school must notify the health care professional | ||
who provided the prescription for the opioid antagonist of its | ||
use. | ||
Within 24 hours after the administration of undesignated | ||
asthma medication, a school district, public school, charter | ||
school, or nonpublic school must notify the student's parent | ||
or guardian or emergency contact, if known, and the physician, | ||
physician assistant, or advanced practice registered nurse who | ||
provided the standing protocol and a prescription for the | ||
undesignated asthma medication of its use. The district or | ||
school must follow up with the school nurse, if available, and | ||
may, with the consent of the child's parent or guardian, |
notify the child's health care provider of record, as | ||
determined under this Section, of its use. | ||
(g) Prior to the administration of an undesignated | ||
epinephrine injector, trained personnel must submit to the | ||
school's administration proof of completion of a training | ||
curriculum to recognize and respond to anaphylaxis that meets | ||
the requirements of subsection (h) of this Section. Training | ||
must be completed annually. The school district, public | ||
school, charter school, or nonpublic school must maintain | ||
records related to the training curriculum and trained | ||
personnel. | ||
Prior to the administration of an opioid antagonist, | ||
trained personnel must submit to the school's administration | ||
proof of completion of a training curriculum to recognize and | ||
respond to an opioid overdose, which curriculum must meet the | ||
requirements of subsection (h-5) of this Section. The school | ||
district, public school, charter school, or nonpublic school | ||
must maintain records relating to the training curriculum and | ||
the trained personnel. | ||
Prior to the administration of undesignated asthma | ||
medication, trained personnel must submit to the school's | ||
administration proof of completion of a training curriculum to | ||
recognize and respond to respiratory distress, which must meet | ||
the requirements of subsection (h-10) of this Section. | ||
Training must be completed annually, and the school district, | ||
public school, charter school, or nonpublic school must |
maintain records relating to the training curriculum and the | ||
trained personnel. | ||
(h) A training curriculum to recognize and respond to | ||
anaphylaxis, including the administration of an undesignated | ||
epinephrine injector, may be conducted online or in person. | ||
Training shall include, but is not limited to: | ||
(1) how to recognize signs and symptoms of an allergic | ||
reaction, including anaphylaxis; | ||
(2) how to administer an epinephrine injector; and | ||
(3) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine injector. | ||
Training may also include, but is not limited to: | ||
(A) a review of high-risk areas within a school and | ||
its related facilities; | ||
(B) steps to take to prevent exposure to allergens; | ||
(C) emergency follow-up procedures, including the | ||
importance of calling 9-1-1 or, if 9-1-1 is not available, | ||
other local emergency medical services; | ||
(D) how to respond to a student with a known allergy, | ||
as well as a student with a previously unknown allergy; | ||
(E) other criteria as determined in rules adopted | ||
pursuant to this Section; and | ||
(F) any policy developed by the State Board of | ||
Education under Section 2-3.190. | ||
In consultation with statewide professional organizations |
representing physicians licensed to practice medicine in all | ||
of its branches, registered nurses, and school nurses, the | ||
State Board of Education shall make available resource | ||
materials consistent with criteria in this subsection (h) for | ||
educating trained personnel to recognize and respond to | ||
anaphylaxis. The State Board may take into consideration the | ||
curriculum on this subject developed by other states, as well | ||
as any other curricular materials suggested by medical experts | ||
and other groups that work on life-threatening allergy issues. | ||
The State Board is not required to create new resource | ||
materials. The State Board shall make these resource materials | ||
available on its Internet website. | ||
(h-5) A training curriculum to recognize and respond to an | ||
opioid overdose, including the administration of an opioid | ||
antagonist, may be conducted online or in person. The training | ||
must comply with any training requirements under Section 5-23 | ||
of the Substance Use Disorder Act and the corresponding rules. | ||
It must include, but is not limited to: | ||
(1) how to recognize symptoms of an opioid overdose; | ||
(2) information on drug overdose prevention and | ||
recognition; | ||
(3) how to perform rescue breathing and resuscitation; | ||
(4) how to respond to an emergency involving an opioid | ||
overdose; | ||
(5) opioid antagonist dosage and administration; | ||
(6) the importance of calling 9-1-1 or, if 9-1-1 is |
not available, other local emergency medical services; | ||
(7) care for the overdose victim after administration | ||
of the overdose antagonist; | ||
(8) a test demonstrating competency of the knowledge | ||
required to recognize an opioid overdose and administer a | ||
dose of an opioid antagonist; and | ||
(9) other criteria as determined in rules adopted | ||
pursuant to this Section. | ||
(h-10) A training curriculum to recognize and respond to | ||
respiratory distress, including the administration of | ||
undesignated asthma medication, may be conducted online or in | ||
person. The training must include, but is not limited to: | ||
(1) how to recognize symptoms of respiratory distress | ||
and how to distinguish respiratory distress from | ||
anaphylaxis; | ||
(2) how to respond to an emergency involving | ||
respiratory distress; | ||
(3) asthma medication dosage and administration; | ||
(4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
not available, other local emergency medical services; | ||
(5) a test demonstrating competency of the knowledge | ||
required to recognize respiratory distress and administer | ||
asthma medication; and | ||
(6) other criteria as determined in rules adopted | ||
under this Section. | ||
(i) Within 3 days after the administration of an |
undesignated epinephrine injector by a school nurse, trained | ||
personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the State Board of | ||
Education in a form and manner prescribed by the State Board | ||
the following information: | ||
(1) age and type of person receiving epinephrine | ||
(student, staff, visitor); | ||
(2) any previously known diagnosis of a severe | ||
allergy; | ||
(3) trigger that precipitated allergic episode; | ||
(4) location where symptoms developed; | ||
(5) number of doses administered; | ||
(6) type of person administering epinephrine (school | ||
nurse, trained personnel, student); and | ||
(7) any other information required by the State Board. | ||
If a school district, public school, charter school, or | ||
nonpublic school maintains or has an independent contractor | ||
providing transportation to students who maintains a supply of | ||
undesignated epinephrine injectors, then the school district, | ||
public school, charter school, or nonpublic school must report | ||
that information to the State Board of Education upon adoption | ||
or change of the policy of the school district, public school, | ||
charter school, nonpublic school, or independent contractor, | ||
in a manner as prescribed by the State Board. The report must | ||
include the number of undesignated epinephrine injectors in | ||
supply. |
(i-5) Within 3 days after the administration of an opioid | ||
antagonist by a school nurse or trained personnel, the school | ||
must report to the State Board of Education, in a form and | ||
manner prescribed by the State Board, the following | ||
information: | ||
(1) the age and type of person receiving the opioid | ||
antagonist (student, staff, or visitor); | ||
(2) the location where symptoms developed; | ||
(3) the type of person administering the opioid | ||
antagonist (school nurse or trained personnel); and | ||
(4) any other information required by the State Board. | ||
(i-10) Within 3 days after the administration of | ||
undesignated asthma medication by a school nurse, trained | ||
personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the State Board of | ||
Education, on a form and in a manner prescribed by the State | ||
Board of Education, the following information: | ||
(1) the age and type of person receiving the asthma | ||
medication (student, staff, or visitor); | ||
(2) any previously known diagnosis of asthma for the | ||
person; | ||
(3) the trigger that precipitated respiratory | ||
distress, if identifiable; | ||
(4) the location of where the symptoms developed; | ||
(5) the number of doses administered; | ||
(6) the type of person administering the asthma |
medication (school nurse, trained personnel, or student); | ||
(7) the outcome of the asthma medication | ||
administration; and | ||
(8) any other information required by the State Board. | ||
(j) By October 1, 2015 and every year thereafter, the | ||
State Board of Education shall submit a report to the General | ||
Assembly identifying the frequency and circumstances of | ||
undesignated epinephrine and undesignated asthma medication | ||
administration during the preceding academic year. Beginning | ||
with the 2017 report, the report shall also contain | ||
information on which school districts, public schools, charter | ||
schools, and nonpublic schools maintain or have independent | ||
contractors providing transportation to students who maintain | ||
a supply of undesignated epinephrine injectors. This report | ||
shall be published on the State Board's Internet website on | ||
the date the report is delivered to the General Assembly. | ||
(j-5) Annually, each school district, public school, | ||
charter school, or nonpublic school shall request an asthma | ||
action plan from the parents or guardians of a pupil with | ||
asthma. If provided, the asthma action plan must be kept on | ||
file in the office of the school nurse or, in the absence of a | ||
school nurse, the school administrator. Copies of the asthma | ||
action plan may be distributed to appropriate school staff who | ||
interact with the pupil on a regular basis, and, if | ||
applicable, may be attached to the pupil's federal Section 504 | ||
plan or individualized education program plan. |
(j-10) To assist schools with emergency response | ||
procedures for asthma, the State Board of Education, in | ||
consultation with statewide professional organizations with | ||
expertise in asthma management and a statewide organization | ||
representing school administrators, shall develop a model | ||
asthma episode emergency response protocol before September 1, | ||
2016. Each school district, charter school, and nonpublic | ||
school shall adopt an asthma episode emergency response | ||
protocol before January 1, 2017 that includes all of the | ||
components of the State Board's model protocol. | ||
(j-15) Every 2 years, school personnel who work with | ||
pupils shall complete an in-person or online training program | ||
on the management of asthma, the prevention of asthma | ||
symptoms, and emergency response in the school setting. In | ||
consultation with statewide professional organizations with | ||
expertise in asthma management, the State Board of Education | ||
shall make available resource materials for educating school | ||
personnel about asthma and emergency response in the school | ||
setting. | ||
(j-20) On or before October 1, 2016 and every year | ||
thereafter, the State Board of Education shall submit a report | ||
to the General Assembly and the Department of Public Health | ||
identifying the frequency and circumstances of opioid | ||
antagonist administration during the preceding academic year. | ||
This report shall be published on the State Board's Internet | ||
website on the date the report is delivered to the General |
Assembly. | ||
(k) The State Board of Education may adopt rules necessary | ||
to implement this Section. | ||
(l) Nothing in this Section shall limit the amount of | ||
epinephrine injectors that any type of school or student may | ||
carry or maintain a supply of. | ||
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; | ||
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. | ||
1-1-24; revised 11-27-23.) | ||
(Text of Section after amendment by P.A. 103-542 ) | ||
Sec. 22-30. Self-administration and self-carry of asthma | ||
medication and epinephrine injectors; administration of | ||
undesignated epinephrine injectors; administration of an | ||
opioid antagonist; administration of undesignated asthma | ||
medication; supply of undesignated oxygen tanks; asthma | ||
episode emergency response protocol. | ||
(a) For the purpose of this Section only, the following | ||
terms shall have the meanings set forth below: | ||
"Asthma action plan" means a written plan developed with a | ||
pupil's medical provider to help control the pupil's asthma. | ||
The goal of an asthma action plan is to reduce or prevent | ||
flare-ups and emergency department visits through day-to-day | ||
management and to serve as a student-specific document to be | ||
referenced in the event of an asthma episode. | ||
"Asthma episode emergency response protocol" means a |
procedure to provide assistance to a pupil experiencing | ||
symptoms of wheezing, coughing, shortness of breath, chest | ||
tightness, or breathing difficulty. | ||
"Epinephrine injector" includes an auto-injector approved | ||
by the United States Food and Drug Administration for the | ||
administration of epinephrine and a pre-filled syringe | ||
approved by the United States Food and Drug Administration and | ||
used for the administration of epinephrine that contains a | ||
pre-measured dose of epinephrine that is equivalent to the | ||
dosages used in an auto-injector. | ||
"Asthma medication" means quick-relief asthma medication, | ||
including albuterol or other short-acting bronchodilators, | ||
that is approved by the United States Food and Drug | ||
Administration for the treatment of respiratory distress. | ||
"Asthma medication" includes medication delivered through a | ||
device, including a metered dose inhaler with a reusable or | ||
disposable spacer or a nebulizer with a mouthpiece or mask. | ||
"Opioid antagonist" means a drug that binds to opioid | ||
receptors and blocks or inhibits the effect of opioids acting | ||
on those receptors, including, but not limited to, naloxone | ||
hydrochloride or any other similarly acting drug approved by | ||
the U.S. Food and Drug Administration. | ||
"Respiratory distress" means the perceived or actual | ||
presence of wheezing, coughing, shortness of breath, chest | ||
tightness, breathing difficulty, or any other symptoms | ||
consistent with asthma. Respiratory distress may be |
categorized as "mild-to-moderate" or "severe". | ||
"School nurse" means a registered nurse working in a | ||
school with or without licensure endorsed in school nursing. | ||
"Self-administration" means a pupil's discretionary use of | ||
his or her prescribed asthma medication or epinephrine | ||
injector. | ||
"Self-carry" means a pupil's ability to carry his or her | ||
prescribed asthma medication or epinephrine injector. | ||
"Standing protocol" may be issued by (i) a physician | ||
licensed to practice medicine in all its branches, (ii) a | ||
licensed physician assistant with prescriptive authority, or | ||
(iii) a licensed advanced practice registered nurse with | ||
prescriptive authority. | ||
"Trained personnel" means any school employee or volunteer | ||
personnel authorized in Sections 10-22.34, 10-22.34a, and | ||
10-22.34b of this Code who has completed training under | ||
subsection (g) of this Section to recognize and respond to | ||
anaphylaxis, an opioid overdose, or respiratory distress. | ||
"Undesignated asthma medication" means asthma medication | ||
prescribed in the name of a school district, public school, | ||
charter school, or nonpublic school. | ||
"Undesignated epinephrine injector" means an epinephrine | ||
injector prescribed in the name of a school district, public | ||
school, charter school, or nonpublic school. | ||
(b) A school, whether public, charter, or nonpublic, must | ||
permit the self-administration and self-carry of asthma |
medication by a pupil with asthma or the self-administration | ||
and self-carry of an epinephrine injector by a pupil, provided | ||
that: | ||
(1) the parents or guardians of the pupil provide to | ||
the school (i) written authorization from the parents or | ||
guardians for (A) the self-administration and self-carry | ||
of asthma medication or (B) the self-carry of asthma | ||
medication or (ii) for (A) the self-administration and | ||
self-carry of an epinephrine injector or (B) the | ||
self-carry of an epinephrine injector, written | ||
authorization from the pupil's physician, physician | ||
assistant, or advanced practice registered nurse; and | ||
(2) the parents or guardians of the pupil provide to | ||
the school (i) the prescription label, which must contain | ||
the name of the asthma medication, the prescribed dosage, | ||
and the time at which or circumstances under which the | ||
asthma medication is to be administered, or (ii) for the | ||
self-administration or self-carry of an epinephrine | ||
injector, a written statement from the pupil's physician, | ||
physician assistant, or advanced practice registered nurse | ||
containing the following information: | ||
(A) the name and purpose of the epinephrine | ||
injector; | ||
(B) the prescribed dosage; and | ||
(C) the time or times at which or the special | ||
circumstances under which the epinephrine injector is |
to be administered. | ||
The information provided shall be kept on file in the office of | ||
the school nurse or, in the absence of a school nurse, the | ||
school's administrator. | ||
(b-5) A school district, public school, charter school, or | ||
nonpublic school may authorize the provision of a | ||
student-specific or undesignated epinephrine injector to a | ||
student or any personnel authorized under a student's | ||
Individual Health Care Action Plan, allergy emergency action | ||
plan, or plan pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973 to administer an epinephrine | ||
injector to the student, that meets the student's prescription | ||
on file. | ||
(b-10) The school district, public school, charter school, | ||
or nonpublic school may authorize a school nurse or trained | ||
personnel to do the following: (i) provide an undesignated | ||
epinephrine injector to a student for self-administration only | ||
or any personnel authorized under a student's Individual | ||
Health Care Action Plan, allergy emergency action plan, plan | ||
pursuant to Section 504 of the federal Rehabilitation Act of | ||
1973, or individualized education program plan to administer | ||
to the student that meets the student's prescription on file; | ||
(ii) administer an undesignated epinephrine injector that | ||
meets the prescription on file to any student who has an | ||
Individual Health Care Action Plan, allergy emergency action | ||
plan, plan pursuant to Section 504 of the federal |
Rehabilitation Act of 1973, or individualized education | ||
program plan that authorizes the use of an epinephrine | ||
injector; (iii) administer an undesignated epinephrine | ||
injector to any person that the school nurse or trained | ||
personnel in good faith believes is having an anaphylactic | ||
reaction; (iv) administer an opioid antagonist to any person | ||
that the school nurse or trained personnel in good faith | ||
believes is having an opioid overdose; (v) provide | ||
undesignated asthma medication to a student for | ||
self-administration only or to any personnel authorized under | ||
a student's Individual Health Care Action Plan or asthma | ||
action plan, plan pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973, or individualized education | ||
program plan to administer to the student that meets the | ||
student's prescription on file; (vi) administer undesignated | ||
asthma medication that meets the prescription on file to any | ||
student who has an Individual Health Care Action Plan or | ||
asthma action plan, plan pursuant to Section 504 of the | ||
federal Rehabilitation Act of 1973, or individualized | ||
education program plan that authorizes the use of asthma | ||
medication; and (vii) administer undesignated asthma | ||
medication to any person that the school nurse or trained | ||
personnel believes in good faith is having respiratory | ||
distress. | ||
(c) The school district, public school, charter school, or | ||
nonpublic school must inform the parents or guardians of the |
pupil, in writing, that the school district, public school, | ||
charter school, or nonpublic school and its employees and | ||
agents, including a physician, physician assistant, or | ||
advanced practice registered nurse providing standing protocol | ||
and a prescription for school epinephrine injectors, an opioid | ||
antagonist, or undesignated asthma medication, are to incur no | ||
liability or professional discipline, except for willful and | ||
wanton conduct, as a result of any injury arising from the | ||
administration of asthma medication, an epinephrine injector, | ||
or an opioid antagonist regardless of whether authorization | ||
was given by the pupil's parents or guardians or by the pupil's | ||
physician, physician assistant, or advanced practice | ||
registered nurse. The parents or guardians of the pupil must | ||
sign a statement acknowledging that the school district, | ||
public school, charter school, or nonpublic school and its | ||
employees and agents are to incur no liability, except for | ||
willful and wanton conduct, as a result of any injury arising | ||
from the administration of asthma medication, an epinephrine | ||
injector, or an opioid antagonist regardless of whether | ||
authorization was given by the pupil's parents or guardians or | ||
by the pupil's physician, physician assistant, or advanced | ||
practice registered nurse and that the parents or guardians | ||
must indemnify and hold harmless the school district, public | ||
school, charter school, or nonpublic school and its employees | ||
and agents against any claims, except a claim based on willful | ||
and wanton conduct, arising out of the administration of |
asthma medication, an epinephrine injector, or an opioid | ||
antagonist regardless of whether authorization was given by | ||
the pupil's parents or guardians or by the pupil's physician, | ||
physician assistant, or advanced practice registered nurse. | ||
(c-5) When a school nurse or trained personnel administers | ||
an undesignated epinephrine injector to a person whom the | ||
school nurse or trained personnel in good faith believes is | ||
having an anaphylactic reaction, administers an opioid | ||
antagonist to a person whom the school nurse or trained | ||
personnel in good faith believes is having an opioid overdose, | ||
or administers undesignated asthma medication to a person whom | ||
the school nurse or trained personnel in good faith believes | ||
is having respiratory distress, notwithstanding the lack of | ||
notice to the parents or guardians of the pupil or the absence | ||
of the parents or guardians signed statement acknowledging no | ||
liability, except for willful and wanton conduct, the school | ||
district, public school, charter school, or nonpublic school | ||
and its employees and agents, and a physician, a physician | ||
assistant, or an advanced practice registered nurse providing | ||
standing protocol and a prescription for undesignated | ||
epinephrine injectors, an opioid antagonist, or undesignated | ||
asthma medication, are to incur no liability or professional | ||
discipline, except for willful and wanton conduct, as a result | ||
of any injury arising from the use of an undesignated | ||
epinephrine injector, the use of an opioid antagonist, or the | ||
use of undesignated asthma medication, regardless of whether |
authorization was given by the pupil's parents or guardians or | ||
by the pupil's physician, physician assistant, or advanced | ||
practice registered nurse. | ||
(d) The permission for self-administration and self-carry | ||
of asthma medication or the self-administration and self-carry | ||
of an epinephrine injector is effective for the school year | ||
for which it is granted and shall be renewed each subsequent | ||
school year upon fulfillment of the requirements of this | ||
Section. | ||
(e) Provided that the requirements of this Section are | ||
fulfilled, a pupil with asthma may self-administer and | ||
self-carry his or her asthma medication or a pupil may | ||
self-administer and self-carry an epinephrine injector (i) | ||
while in school, (ii) while at a school-sponsored activity, | ||
(iii) while under the supervision of school personnel, or (iv) | ||
before or after normal school activities, such as while in | ||
before-school or after-school care on school-operated property | ||
or while being transported on a school bus. | ||
(e-5) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer | ||
an undesignated epinephrine injector to any person whom the | ||
school nurse or trained personnel in good faith believes to be | ||
having an anaphylactic reaction (i) while in school, (ii) | ||
while at a school-sponsored activity, (iii) while under the | ||
supervision of school personnel, or (iv) before or after | ||
normal school activities, such as while in before-school or |
after-school care on school-operated property or while being | ||
transported on a school bus. A school nurse or trained | ||
personnel may carry undesignated epinephrine injectors on his | ||
or her person while in school or at a school-sponsored | ||
activity. | ||
(e-10) Provided that the requirements of this Section are | ||
fulfilled, a school nurse or trained personnel may administer | ||
an opioid antagonist to any person whom the school nurse or | ||
trained personnel in good faith believes to be having an | ||
opioid overdose (i) while in school, (ii) while at a | ||
school-sponsored activity, (iii) while under the supervision | ||
of school personnel, or (iv) before or after normal school | ||
activities, such as while in before-school or after-school | ||
care on school-operated property. A school nurse or trained | ||
personnel may carry an opioid antagonist on his or her person | ||
while in school or at a school-sponsored activity. | ||
(e-15) If the requirements of this Section are met, a | ||
school nurse or trained personnel may administer undesignated | ||
asthma medication to any person whom the school nurse or | ||
trained personnel in good faith believes to be experiencing | ||
respiratory distress (i) while in school, (ii) while at a | ||
school-sponsored activity, (iii) while under the supervision | ||
of school personnel, or (iv) before or after normal school | ||
activities, including before-school or after-school care on | ||
school-operated property. A school nurse or trained personnel | ||
may carry undesignated asthma medication on his or her person |
while in school or at a school-sponsored activity. | ||
(f) The school district, public school, charter school, or | ||
nonpublic school may maintain a supply of undesignated | ||
epinephrine injectors in any secure location that is | ||
accessible before, during, and after school where an allergic | ||
person is most at risk, including, but not limited to, | ||
classrooms and lunchrooms. A physician, a physician assistant | ||
who has prescriptive authority in accordance with Section 7.5 | ||
of the Physician Assistant Practice Act of 1987, or an | ||
advanced practice registered nurse who has prescriptive | ||
authority in accordance with Section 65-40 of the Nurse | ||
Practice Act may prescribe undesignated epinephrine injectors | ||
in the name of the school district, public school, charter | ||
school, or nonpublic school to be maintained for use when | ||
necessary. Any supply of epinephrine injectors shall be | ||
maintained in accordance with the manufacturer's instructions. | ||
The school district, public school, charter school, or | ||
nonpublic school shall maintain a supply of an opioid | ||
antagonist in any secure location where an individual may have | ||
an opioid overdose, unless there is a shortage of opioid | ||
antagonists, in which case the school district, public school, | ||
charter school, or nonpublic school shall make a reasonable | ||
effort to maintain a supply of an opioid antagonist. Unless | ||
the school district, public school, charter school, or | ||
nonpublic school is able to obtain opioid antagonists without | ||
a prescription, a health care professional who has been |
delegated prescriptive authority for opioid antagonists in | ||
accordance with Section 5-23 of the Substance Use Disorder Act | ||
shall prescribe opioid antagonists in the name of the school | ||
district, public school, charter school, or nonpublic school, | ||
to be maintained for use when necessary. Any supply of opioid | ||
antagonists shall be maintained in accordance with the | ||
manufacturer's instructions. | ||
The school district, public school, charter school, or | ||
nonpublic school may maintain a supply of asthma medication in | ||
any secure location that is accessible before, during, or | ||
after school where a person is most at risk, including, but not | ||
limited to, a classroom or the nurse's office. A physician, a | ||
physician assistant who has prescriptive authority under | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
or an advanced practice registered nurse who has prescriptive | ||
authority under Section 65-40 of the Nurse Practice Act may | ||
prescribe undesignated asthma medication in the name of the | ||
school district, public school, charter school, or nonpublic | ||
school to be maintained for use when necessary. Any supply of | ||
undesignated asthma medication must be maintained in | ||
accordance with the manufacturer's instructions. | ||
A school district that provides special educational | ||
facilities for children with disabilities under Section | ||
14-4.01 of this Code may maintain a supply of undesignated | ||
oxygen tanks in any secure location that is accessible before, | ||
during, and after school where a person with developmental |
disabilities is most at risk, including, but not limited to, | ||
classrooms and lunchrooms. A physician, a physician assistant | ||
who has prescriptive authority in accordance with Section 7.5 | ||
of the Physician Assistant Practice Act of 1987, or an | ||
advanced practice registered nurse who has prescriptive | ||
authority in accordance with Section 65-40 of the Nurse | ||
Practice Act may prescribe undesignated oxygen tanks in the | ||
name of the school district that provides special educational | ||
facilities for children with disabilities under Section | ||
14-4.01 of this Code to be maintained for use when necessary. | ||
Any supply of oxygen tanks shall be maintained in accordance | ||
with the manufacturer's instructions and with the local fire | ||
department's rules. | ||
(f-3) Whichever entity initiates the process of obtaining | ||
undesignated epinephrine injectors and providing training to | ||
personnel for carrying and administering undesignated | ||
epinephrine injectors shall pay for the costs of the | ||
undesignated epinephrine injectors. | ||
(f-5) Upon any administration of an epinephrine injector, | ||
a school district, public school, charter school, or nonpublic | ||
school must immediately activate the EMS system and notify the | ||
student's parent, guardian, or emergency contact, if known. | ||
Upon any administration of an opioid antagonist, a school | ||
district, public school, charter school, or nonpublic school | ||
must immediately activate the EMS system and notify the | ||
student's parent, guardian, or emergency contact, if known. |
(f-10) Within 24 hours of the administration of an | ||
undesignated epinephrine injector, a school district, public | ||
school, charter school, or nonpublic school must notify the | ||
physician, physician assistant, or advanced practice | ||
registered nurse who provided the standing protocol and a | ||
prescription for the undesignated epinephrine injector of its | ||
use. | ||
Within 24 hours after the administration of an opioid | ||
antagonist, a school district, public school, charter school, | ||
or nonpublic school must notify the health care professional | ||
who provided the prescription for the opioid antagonist of its | ||
use. | ||
Within 24 hours after the administration of undesignated | ||
asthma medication, a school district, public school, charter | ||
school, or nonpublic school must notify the student's parent | ||
or guardian or emergency contact, if known, and the physician, | ||
physician assistant, or advanced practice registered nurse who | ||
provided the standing protocol and a prescription for the | ||
undesignated asthma medication of its use. The district or | ||
school must follow up with the school nurse, if available, and | ||
may, with the consent of the child's parent or guardian, | ||
notify the child's health care provider of record, as | ||
determined under this Section, of its use. | ||
(g) Prior to the administration of an undesignated | ||
epinephrine injector, trained personnel must submit to the | ||
school's administration proof of completion of a training |
curriculum to recognize and respond to anaphylaxis that meets | ||
the requirements of subsection (h) of this Section. Training | ||
must be completed annually. The school district, public | ||
school, charter school, or nonpublic school must maintain | ||
records related to the training curriculum and trained | ||
personnel. | ||
Prior to the administration of an opioid antagonist, | ||
trained personnel must submit to the school's administration | ||
proof of completion of a training curriculum to recognize and | ||
respond to an opioid overdose, which curriculum must meet the | ||
requirements of subsection (h-5) of this Section. The school | ||
district, public school, charter school, or nonpublic school | ||
must maintain records relating to the training curriculum and | ||
the trained personnel. | ||
Prior to the administration of undesignated asthma | ||
medication, trained personnel must submit to the school's | ||
administration proof of completion of a training curriculum to | ||
recognize and respond to respiratory distress, which must meet | ||
the requirements of subsection (h-10) of this Section. | ||
Training must be completed annually, and the school district, | ||
public school, charter school, or nonpublic school must | ||
maintain records relating to the training curriculum and the | ||
trained personnel. | ||
(h) A training curriculum to recognize and respond to | ||
anaphylaxis, including the administration of an undesignated | ||
epinephrine injector, may be conducted online or in person. |
Training shall include, but is not limited to: | ||
(1) how to recognize signs and symptoms of an allergic | ||
reaction, including anaphylaxis; | ||
(2) how to administer an epinephrine injector; and | ||
(3) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine injector. | ||
Training may also include, but is not limited to: | ||
(A) a review of high-risk areas within a school and | ||
its related facilities; | ||
(B) steps to take to prevent exposure to allergens; | ||
(C) emergency follow-up procedures, including the | ||
importance of calling 9-1-1 or, if 9-1-1 is not available, | ||
other local emergency medical services; | ||
(D) how to respond to a student with a known allergy, | ||
as well as a student with a previously unknown allergy; | ||
(E) other criteria as determined in rules adopted | ||
pursuant to this Section; and | ||
(F) any policy developed by the State Board of | ||
Education under Section 2-3.190. | ||
In consultation with statewide professional organizations | ||
representing physicians licensed to practice medicine in all | ||
of its branches, registered nurses, and school nurses, the | ||
State Board of Education shall make available resource | ||
materials consistent with criteria in this subsection (h) for | ||
educating trained personnel to recognize and respond to |
anaphylaxis. The State Board may take into consideration the | ||
curriculum on this subject developed by other states, as well | ||
as any other curricular materials suggested by medical experts | ||
and other groups that work on life-threatening allergy issues. | ||
The State Board is not required to create new resource | ||
materials. The State Board shall make these resource materials | ||
available on its Internet website. | ||
(h-5) A training curriculum to recognize and respond to an | ||
opioid overdose, including the administration of an opioid | ||
antagonist, may be conducted online or in person. The training | ||
must comply with any training requirements under Section 5-23 | ||
of the Substance Use Disorder Act and the corresponding rules. | ||
It must include, but is not limited to: | ||
(1) how to recognize symptoms of an opioid overdose; | ||
(2) information on drug overdose prevention and | ||
recognition; | ||
(3) how to perform rescue breathing and resuscitation; | ||
(4) how to respond to an emergency involving an opioid | ||
overdose; | ||
(5) opioid antagonist dosage and administration; | ||
(6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
not available, other local emergency medical services; | ||
(7) care for the overdose victim after administration | ||
of the overdose antagonist; | ||
(8) a test demonstrating competency of the knowledge | ||
required to recognize an opioid overdose and administer a |
dose of an opioid antagonist; and | ||
(9) other criteria as determined in rules adopted | ||
pursuant to this Section. | ||
(h-10) A training curriculum to recognize and respond to | ||
respiratory distress, including the administration of | ||
undesignated asthma medication, may be conducted online or in | ||
person. The training must include, but is not limited to: | ||
(1) how to recognize symptoms of respiratory distress | ||
and how to distinguish respiratory distress from | ||
anaphylaxis; | ||
(2) how to respond to an emergency involving | ||
respiratory distress; | ||
(3) asthma medication dosage and administration; | ||
(4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
not available, other local emergency medical services; | ||
(5) a test demonstrating competency of the knowledge | ||
required to recognize respiratory distress and administer | ||
asthma medication; and | ||
(6) other criteria as determined in rules adopted | ||
under this Section. | ||
(i) Within 3 days after the administration of an | ||
undesignated epinephrine injector by a school nurse, trained | ||
personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the State Board of | ||
Education in a form and manner prescribed by the State Board | ||
the following information: |
(1) age and type of person receiving epinephrine | ||
(student, staff, visitor); | ||
(2) any previously known diagnosis of a severe | ||
allergy; | ||
(3) trigger that precipitated allergic episode; | ||
(4) location where symptoms developed; | ||
(5) number of doses administered; | ||
(6) type of person administering epinephrine (school | ||
nurse, trained personnel, student); and | ||
(7) any other information required by the State Board. | ||
If a school district, public school, charter school, or | ||
nonpublic school maintains or has an independent contractor | ||
providing transportation to students who maintains a supply of | ||
undesignated epinephrine injectors, then the school district, | ||
public school, charter school, or nonpublic school must report | ||
that information to the State Board of Education upon adoption | ||
or change of the policy of the school district, public school, | ||
charter school, nonpublic school, or independent contractor, | ||
in a manner as prescribed by the State Board. The report must | ||
include the number of undesignated epinephrine injectors in | ||
supply. | ||
(i-5) Within 3 days after the administration of an opioid | ||
antagonist by a school nurse or trained personnel, the school | ||
must report to the State Board of Education, in a form and | ||
manner prescribed by the State Board, the following | ||
information: |
(1) the age and type of person receiving the opioid | ||
antagonist (student, staff, or visitor); | ||
(2) the location where symptoms developed; | ||
(3) the type of person administering the opioid | ||
antagonist (school nurse or trained personnel); and | ||
(4) any other information required by the State Board. | ||
(i-10) Within 3 days after the administration of | ||
undesignated asthma medication by a school nurse, trained | ||
personnel, or a student at a school or school-sponsored | ||
activity, the school must report to the State Board of | ||
Education, on a form and in a manner prescribed by the State | ||
Board of Education, the following information: | ||
(1) the age and type of person receiving the asthma | ||
medication (student, staff, or visitor); | ||
(2) any previously known diagnosis of asthma for the | ||
person; | ||
(3) the trigger that precipitated respiratory | ||
distress, if identifiable; | ||
(4) the location of where the symptoms developed; | ||
(5) the number of doses administered; | ||
(6) the type of person administering the asthma | ||
medication (school nurse, trained personnel, or student); | ||
(7) the outcome of the asthma medication | ||
administration; and | ||
(8) any other information required by the State Board. | ||
(j) By October 1, 2015 and every year thereafter, the |
State Board of Education shall submit a report to the General | ||
Assembly identifying the frequency and circumstances of | ||
undesignated epinephrine and undesignated asthma medication | ||
administration during the preceding academic year. Beginning | ||
with the 2017 report, the report shall also contain | ||
information on which school districts, public schools, charter | ||
schools, and nonpublic schools maintain or have independent | ||
contractors providing transportation to students who maintain | ||
a supply of undesignated epinephrine injectors. This report | ||
shall be published on the State Board's Internet website on | ||
the date the report is delivered to the General Assembly. | ||
(j-5) Annually, each school district, public school, | ||
charter school, or nonpublic school shall request an asthma | ||
action plan from the parents or guardians of a pupil with | ||
asthma. If provided, the asthma action plan must be kept on | ||
file in the office of the school nurse or, in the absence of a | ||
school nurse, the school administrator. Copies of the asthma | ||
action plan may be distributed to appropriate school staff who | ||
interact with the pupil on a regular basis, and, if | ||
applicable, may be attached to the pupil's federal Section 504 | ||
plan or individualized education program plan. | ||
(j-10) To assist schools with emergency response | ||
procedures for asthma, the State Board of Education, in | ||
consultation with statewide professional organizations with | ||
expertise in asthma management and a statewide organization | ||
representing school administrators, shall develop a model |
asthma episode emergency response protocol before September 1, | ||
2016. Each school district, charter school, and nonpublic | ||
school shall adopt an asthma episode emergency response | ||
protocol before January 1, 2017 that includes all of the | ||
components of the State Board's model protocol. | ||
(j-15) (Blank). | ||
(j-20) On or before October 1, 2016 and every year | ||
thereafter, the State Board of Education shall submit a report | ||
to the General Assembly and the Department of Public Health | ||
identifying the frequency and circumstances of opioid | ||
antagonist administration during the preceding academic year. | ||
This report shall be published on the State Board's Internet | ||
website on the date the report is delivered to the General | ||
Assembly. | ||
(k) The State Board of Education may adopt rules necessary | ||
to implement this Section. | ||
(l) Nothing in this Section shall limit the amount of | ||
epinephrine injectors that any type of school or student may | ||
carry or maintain a supply of. | ||
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; | ||
103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. | ||
1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 | ||
for effective date of P.A. 103-542); revised 11-27-23.) | ||
(105 ILCS 5/22-95) | ||
(This Section may contain text from a Public Act with a |
delayed effective date ) | ||
Sec. 22-95. Policy on discrimination, harassment, and | ||
retaliation; response procedures. | ||
(a) As used in this Section, "policy" means either the use | ||
of a singular policy or multiple policies. | ||
(b) Each school district, charter school, or nonpublic, | ||
nonsectarian elementary or secondary school must create, | ||
implement, and maintain at least one written policy that | ||
prohibits discrimination and harassment based on race, color, | ||
and national origin and prohibits retaliation. The policy may | ||
be included as part of a broader anti-harassment or | ||
anti-discrimination policy, provided that the policy | ||
prohibiting discrimination and harassment based on race, | ||
color, and national origin and retaliation shall be | ||
distinguished with an appropriate title, heading, or label. | ||
This policy must comply with and be distributed in accordance | ||
with all of the following: | ||
(1) The policy must be in writing and must include at a | ||
minimum, the following information: | ||
(A) descriptions of various forms of | ||
discrimination and harassment based on race, color, | ||
and national origin, including examples; | ||
(B) the school district's, charter school's, or | ||
nonpublic, nonsectarian elementary or secondary | ||
school's internal process for filing a complaint | ||
regarding a violation of the policy described in this |
subsection, or a reference to that process if | ||
described elsewhere in policy; | ||
(C) an overview of the school district's, charter | ||
school's, or nonpublic, nonsectarian elementary or | ||
secondary school's prevention and response program | ||
pursuant to subsection (c); | ||
(D) potential remedies for a violation of the | ||
policy described in this subsection; | ||
(E) a prohibition on retaliation for making a | ||
complaint or participating in the complaint process; | ||
(F) the legal recourse available through the | ||
Department of Human Rights and through federal | ||
agencies if a school district, charter school, or | ||
nonpublic, nonsectarian elementary or secondary school | ||
fails to take corrective action, or a reference to | ||
that process if described elsewhere in policy; and | ||
(G) directions on how to contact the Department of | ||
Human Rights or a reference to those directions if | ||
described elsewhere in the policy. | ||
The policy shall make clear that the policy does not | ||
impair or otherwise diminish the rights of unionized | ||
employees under federal law, State law, or a collective | ||
bargaining agreement to request an exclusive bargaining | ||
representative to be present during investigator | ||
interviews, nor does the policy diminish any rights | ||
available under the applicable negotiated collective |
bargaining agreement, including, but not limited to, the | ||
grievance procedure. | ||
(2) The policy described in this subsection shall be | ||
posted in a prominent and accessible location and | ||
distributed in such a manner as to ensure notice of the | ||
policy to all employees. If the school district, charter | ||
school, or nonpublic, nonsectarian elementary or secondary | ||
school maintains an Internet website or has an employee | ||
Intranet, the website or Intranet shall be considered a | ||
prominent and accessible location for the purpose of this | ||
paragraph (2). Posting and distribution shall be | ||
effectuated by the beginning of the 2024-2025 school year | ||
and shall occur annually thereafter. | ||
(3) The policy described in this subsection shall be | ||
published on the school district's, charter school's, or | ||
nonpublic, nonsectarian elementary or secondary school's | ||
Internet website, if one exists, and in a student | ||
handbook, if one exists. A summary of the policy in | ||
accessible, age-appropriate language shall be distributed | ||
annually to students and to the parents or guardians of | ||
minor students. School districts, charter schools, and | ||
nonpublic, nonsectarian elementary or secondary schools | ||
shall provide a summary of the policy in the parent or | ||
guardian's native language. For the annual distribution of | ||
the summary, inclusion of the summary in a student | ||
handbook is deemed compliant. |
(c) Each school district, charter school, and nonpublic, | ||
nonsectarian elementary or secondary school must establish | ||
procedures for responding to complaints of discrimination and | ||
harassment based on race, color, and national origin and | ||
retaliation. These procedures must comply with subsection (b) | ||
of this Section. Based on these procedures, school districts, | ||
charter schools, and nonpublic, nonsectarian elementary or | ||
secondary schools: | ||
(1) shall reduce or remove, to the extent practicable, | ||
barriers to reporting discrimination, harassment, and | ||
retaliation; | ||
(2) shall permit any person who reports or is the | ||
victim of an incident of alleged discrimination, | ||
harassment, or retaliation to be accompanied when making a | ||
report by a support individual of the person's choice who | ||
complies with the school district's, charter school's, or | ||
nonpublic, nonsectarian elementary or secondary school's | ||
policies or rules; | ||
(3) shall permit anonymous reporting, except that this | ||
paragraph (3) may not be construed to permit formal | ||
disciplinary action solely on the basis of an anonymous | ||
report; | ||
(4) shall offer remedial interventions or take such | ||
disciplinary action as may be appropriate on a | ||
case-by-case basis; | ||
(5) may offer, but not require or unduly influence, a |
person who reports or is the victim of an incident of | ||
discrimination, harassment, or retaliation the option to | ||
resolve allegations directly with the offender; and | ||
(6) may not cause a person who reports or is the victim | ||
of an incident of discrimination, harassment, or | ||
retaliation to suffer adverse consequences as a result of | ||
a report of, an investigation of, or a response to the | ||
incident; this protection may not permit victims to engage | ||
in retaliation against the offender or limit a school | ||
district, charter school, or nonpublic, nonsectarian | ||
elementary or secondary school from applying disciplinary | ||
measures in response to other acts or conduct not related | ||
to the process of reporting, investigating, or responding | ||
to a report of an incident of discrimination, harassment, | ||
or retaliation. | ||
(Source: P.A. 103-472, eff. 8-1-24.) | ||
(105 ILCS 5/22-97) | ||
(Section scheduled to be repealed on February 1, 2029) | ||
Sec. 22-97 22-95 . Whole Child Task Force. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) The COVID-19 pandemic has exposed systemic | ||
inequities in American society. Students, educators, and | ||
families throughout this State have been deeply affected | ||
by the pandemic, and the impact of the pandemic will be |
felt for years to come. The negative consequences of the | ||
pandemic have impacted students and communities | ||
differently along the lines of race, income, language, and | ||
special needs. However, students in this State faced | ||
significant unmet physical health, mental health, and | ||
social and emotional needs even prior to the pandemic. | ||
(2) The path to recovery requires a commitment from | ||
adults in this State to address our students cultural, | ||
physical, emotional, and mental health needs and to | ||
provide them with stronger and increased systemic support | ||
and intervention. | ||
(3) It is well documented that trauma and toxic stress | ||
diminish a child's ability to thrive. Forms of childhood | ||
trauma and toxic stress include adverse childhood | ||
experiences, systemic racism, poverty, food and housing | ||
insecurity, and gender-based violence. The COVID-19 | ||
pandemic has exacerbated these issues and brought them | ||
into focus. | ||
(4) It is estimated that, overall, approximately 40% | ||
of children in this State have experienced at least one | ||
adverse childhood experience and approximately 10% have | ||
experienced 3 or more adverse childhood experiences. | ||
However, the number of adverse childhood experiences is | ||
higher for Black and Hispanic children who are growing up | ||
in poverty. The COVID-19 pandemic has amplified the number | ||
of students who have experienced childhood trauma. Also, |
the COVID-19 pandemic has highlighted preexisting | ||
inequities in school disciplinary practices that | ||
disproportionately impact Black and Brown students. | ||
Research shows, for example, that girls of color are | ||
disproportionately impacted by trauma, adversity, and | ||
abuse, and instead of receiving the care and | ||
trauma-informed support they may need, many Black girls in | ||
particular face disproportionately harsh disciplinary | ||
measures. | ||
(5) The cumulative effects of trauma and toxic stress | ||
adversely impact the physical health of students, as well | ||
as the students' ability to learn, form relationships, and | ||
self-regulate. If left unaddressed, these effects increase | ||
a student's risk for depression, alcoholism, anxiety, | ||
asthma, smoking, and suicide, all of which are risks that | ||
disproportionately affect Black youth and may lead to a | ||
host of medical diseases as an adult. Access to infant and | ||
early childhood mental health services is critical to | ||
ensure the social and emotional well-being of this State's | ||
youngest children, particularly those children who have | ||
experienced trauma. | ||
(6) Although this State enacted measures through | ||
Public Act 100-105 to address the high rate of early care | ||
and preschool expulsions of infants, toddlers, and | ||
preschoolers and the disproportionately higher rate of | ||
expulsion for Black and Hispanic children, a recent study |
found a wide variation in the awareness, understanding, | ||
and compliance with the law by providers of early | ||
childhood care. Further work is needed to implement the | ||
law, which includes providing training to early childhood | ||
care providers to increase the providers' understanding of | ||
the law, increasing the availability and access to infant | ||
and early childhood mental health services, and building | ||
aligned data collection systems to better understand | ||
expulsion rates and to allow for accurate reporting as | ||
required by the law. | ||
(7) Many educators and schools in this State have | ||
embraced and implemented evidence-based restorative | ||
justice and trauma-responsive and culturally relevant | ||
practices and interventions. However, the use of these | ||
interventions on students is often isolated or is | ||
implemented occasionally and only if the school has the | ||
appropriate leadership, resources, and partners available | ||
to engage seriously in this work. It would be malpractice | ||
to deny our students access to these practices and | ||
interventions, especially in the aftermath of a | ||
once-in-a-century pandemic. | ||
(b) The Whole Child Task Force created by Public Act | ||
101-654 is reestablished for the purpose of establishing an | ||
equitable, inclusive, safe, and supportive environment in all | ||
schools for every student in this State. The task force shall | ||
have all of the following goals, which means key steps have to |
be taken to ensure that every child in every school in this | ||
State has access to teachers, social workers, school leaders, | ||
support personnel, and others who have been trained in | ||
evidence-based interventions and restorative practices: | ||
(1) To create a common definition of a | ||
trauma-responsive school, a trauma-responsive district, | ||
and a trauma-responsive community. | ||
(2) To outline the training and resources required to | ||
create and sustain a system of support for | ||
trauma-responsive schools, districts, and communities and | ||
to identify this State's role in that work, including | ||
recommendations concerning options for redirecting | ||
resources from school resource officers to classroom-based | ||
support. | ||
(3) To identify or develop a process to conduct an | ||
analysis of the organizations that provide training in | ||
restorative practices, implicit bias, anti-racism, and | ||
trauma-responsive systems, mental health services, and | ||
social and emotional services to schools. | ||
(4) To provide recommendations concerning the key data | ||
to be collected and reported to ensure that this State has | ||
a full and accurate understanding of the progress toward | ||
ensuring that all schools, including programs and | ||
providers of care to pre-kindergarten children, employ | ||
restorative, anti-racist, and trauma-responsive | ||
strategies and practices. The data collected must include |
information relating to the availability of trauma | ||
responsive support structures in schools, as well as | ||
disciplinary practices employed on students in person or | ||
through other means, including during remote or blended | ||
learning. It should also include information on the use of | ||
and funding for school resource officers and other similar | ||
police personnel in school programs. | ||
(5) To recommend an implementation timeline, including | ||
the key roles, responsibilities, and resources to advance | ||
this State toward a system in which every school, | ||
district, and community is progressing toward becoming | ||
trauma-responsive. | ||
(6) To seek input and feedback from stakeholders, | ||
including parents, students, and educators, who reflect | ||
the diversity of this State. | ||
(7) To recommend legislation, policies, and practices | ||
to prevent learning loss in students during periods of | ||
suspension and expulsion, including, but not limited to, | ||
remote instruction. | ||
(c) Members of the Whole Child Task Force shall be | ||
appointed by the State Superintendent of Education. Members of | ||
this task force must represent the diversity of this State and | ||
possess the expertise needed to perform the work required to | ||
meet the goals of the task force set forth under subsection | ||
(a). Members of the task force shall include all of the | ||
following: |
(1) One member of a statewide professional teachers' | ||
organization. | ||
(2) One member of another statewide professional | ||
teachers' organization. | ||
(3) One member who represents a school district | ||
serving a community with a population of 500,000 or more. | ||
(4) One member of a statewide organization | ||
representing social workers. | ||
(5) One member of an organization that has specific | ||
expertise in trauma-responsive school practices and | ||
experience in supporting schools in developing | ||
trauma-responsive and restorative practices. | ||
(6) One member of another organization that has | ||
specific expertise in trauma-responsive school practices | ||
and experience in supporting schools in developing | ||
trauma-responsive and restorative practices. | ||
(7) One member of a statewide organization that | ||
represents school administrators. | ||
(8) One member of a statewide policy organization that | ||
works to build a healthy public education system that | ||
prepares all students for a successful college, career, | ||
and civic life. | ||
(9) One member of a statewide organization that brings | ||
teachers together to identify and address issues critical | ||
to student success. | ||
(10) One member of the General Assembly recommended by |
the President of the Senate. | ||
(11) One member of the General Assembly recommended by | ||
the Speaker of the House of Representatives. | ||
(12) One member of the General Assembly recommended by | ||
the Minority Leader of the Senate. | ||
(13) One member of the General Assembly recommended by | ||
the Minority Leader of the House of Representatives. | ||
(14) One member of a civil rights organization that | ||
works actively on issues regarding student support. | ||
(15) One administrator from a school district that has | ||
actively worked to develop a system of student support | ||
that uses a trauma-informed lens. | ||
(16) One educator from a school district that has | ||
actively worked to develop a system of student support | ||
that uses a trauma-informed lens. | ||
(17) One member of a youth-led organization. | ||
(18) One member of an organization that has | ||
demonstrated expertise in restorative practices. | ||
(19) One member of a coalition of mental health and | ||
school practitioners who assist schools in developing and | ||
implementing trauma-informed and restorative strategies | ||
and systems. | ||
(20) One member of an organization whose mission is to | ||
promote the safety, health, and economic success of | ||
children, youth, and families in this State. | ||
(21) One member who works or has worked as a |
restorative justice coach or disciplinarian. | ||
(22) One member who works or has worked as a social | ||
worker. | ||
(23) One member of the State Board of Education. | ||
(24) One member who represents a statewide principals' | ||
organization. | ||
(25) One member who represents a statewide | ||
organization of school boards. | ||
(26) One member who has expertise in pre-kindergarten | ||
education. | ||
(27) One member who represents a school social worker | ||
association. | ||
(28) One member who represents an organization that | ||
represents school districts in the south suburbs of the | ||
City of Chicago. | ||
(29) One member who is a licensed clinical | ||
psychologist who (i) has a doctor of philosophy in the | ||
field of clinical psychology and has an appointment at an | ||
independent free-standing children's hospital located in | ||
the City of Chicago, (ii) serves as an associate professor | ||
at a medical school located in the City of Chicago, and | ||
(iii) serves as the clinical director of a coalition of | ||
voluntary collaboration of organizations that are | ||
committed to applying a trauma lens to the member's | ||
efforts on behalf of families and children in the State. | ||
(30) One member who represents a school district in |
the west suburbs of the City of Chicago. | ||
(31) One member from a governmental agency who has | ||
expertise in child development and who is responsible for | ||
coordinating early childhood mental health programs and | ||
services. | ||
(32) One member who has significant expertise in early | ||
childhood mental health and childhood trauma. | ||
(33) One member who represents an organization that | ||
represents school districts in the collar counties around | ||
the City of Chicago. | ||
(34) One member who represents an organization | ||
representing regional offices of education. | ||
(d) The Whole Child Task Force shall meet at the call of | ||
the State Superintendent of Education or his or her designee, | ||
who shall serve as the chairperson. The State Board of | ||
Education shall provide administrative and other support to | ||
the task force. Members of the task force shall serve without | ||
compensation. | ||
(e) The Whole Child Task Force shall reconvene by March | ||
2027 to review progress on the recommendations in the March | ||
2022 report submitted pursuant to Public Act 101-654 and shall | ||
submit a new report on its assessment of the State's progress | ||
and any additional recommendations to the General Assembly, | ||
the Illinois Legislative Black Caucus, the State Board of | ||
Education, and the Governor on or before December 31, 2027. | ||
(f) This Section is repealed on February 1, 2029. |
(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.) | ||
(105 ILCS 5/22-98) | ||
Sec. 22-98 22-95 . Retirement and deferred compensation | ||
plans. | ||
(a) This Section applies only to school districts, other | ||
than a school district organized under Article 34, with a | ||
full-time licensed teacher population of 575 or more teachers | ||
that maintain a 457 plan. Every applicable school district | ||
shall make available to participants more than one financial | ||
institution or investment provider to provide services to the | ||
school district's 457 plan. | ||
(b) A financial institution or investment provider, by | ||
entering into a written agreement, may offer or provide | ||
services to a plan offered, established, or maintained by a | ||
school district under Section 457 of the Internal Revenue Code | ||
of 1986 if the written agreement is not combined with any other | ||
written agreement for the administration of the school | ||
district's 457 plan. | ||
Each school district that offers a 457 plan shall make | ||
available to participants, in the manner provided in | ||
subsection (d), more than one financial institution or | ||
investment provider that has not entered into a written | ||
agreement to provide administration services and that provides | ||
services to a 457 plan offered to school districts. | ||
(c) A financial institution or investment provider |
providing services for any plan offered, established, or | ||
maintained by a school district under Section 457 of the | ||
Internal Revenue Code of 1986 shall: | ||
(1) enter into an agreement with the school district | ||
or the school district's independent compliance | ||
administrator that requires the financial institution or | ||
investment provider to provide, in an electronic format, | ||
all data necessary for the administration of the 457 plan, | ||
as determined by the school district or the school | ||
district's compliance administrator; | ||
(2) provide all data required by the school district | ||
or the school district's compliance administrator to | ||
facilitate disclosure of all fees, charges, expenses, | ||
commissions, compensation, and payments to third parties | ||
related to investments offered under the 457 plan; and | ||
(3) cover all plan administration costs agreed to by | ||
the school district relating to the administration of the | ||
457 plan. | ||
(d) A school district that offers, establishes, or | ||
maintains a plan under Section 457 of the Internal Revenue | ||
Code of 1986, except for a plan established under Section | ||
16-204 of the Illinois Pension Code, shall select more than | ||
one financial institution or investment provider, in addition | ||
to the financial institution or investment provider that has | ||
entered into a written agreement under subsection (b), to | ||
provide services to the 457 plan. A financial institution or |
investment provider shall be designated a 457 plan provider if | ||
the financial institution or investment provider enters into | ||
an agreement in accordance with subsection (c). | ||
(e) A school district shall have one year after the | ||
effective date of this amendatory Act of the 103rd General | ||
Assembly to find a 457 plan provider under this Section. | ||
(f) Nothing in this Section shall apply to or impact the | ||
optional defined contribution benefit established by the | ||
Teachers' Retirement System of the State of Illinois under | ||
Section 16-204 of the Illinois Pension Code. Notwithstanding | ||
the foregoing, the Teachers' Retirement System may elect to | ||
share plan data for the 457 plan established pursuant to | ||
Section 16-204 of the Illinois Pension Code with the school | ||
district, upon request by the school district, in order to | ||
facilitate school districts' compliance with this Section and | ||
Section 457 of the Internal Revenue Code of 1986. If a school | ||
district requests that the Teachers' Retirement System share | ||
plan information for the 457 plan established pursuant to | ||
Section 16-204 of the Illinois Pension Code, the Teachers' | ||
Retirement System may assess a fee on the applicable school | ||
district. | ||
(Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.) | ||
(105 ILCS 5/22-99) | ||
(Section scheduled to be repealed on December 31, 2031) | ||
Sec. 22-99 22-95 . Rural Education Advisory Council. |
(a) The Rural Education Advisory Council is created as a | ||
statewide advisory council to exchange thoughtful dialogue | ||
concerning the needs, challenges, and opportunities of rural | ||
school schools districts and to provide policy recommendations | ||
to the State. The Council shall perform all of the following | ||
functions: | ||
(1) Convey and impart the perspective of rural | ||
communities and provide context during policy discussions | ||
on various statewide issues with the State Superintendent | ||
of Education. | ||
(2) Present to the State Superintendent of Education | ||
the opportunity to speak directly with representatives of | ||
rural communities on various policy and legal issues, to | ||
present feedback on critical issues facing rural | ||
communities, to generate ideas, and to communicate | ||
information to the State Superintendent. | ||
(3) Provide feedback about this State's | ||
pre-kindergarten through grade 12 practices and policies | ||
so that the application of policies in rural areas may be | ||
more fully understood. | ||
(b) The Council shall consist of all of the following | ||
members: | ||
(1) The State Superintendent of Education or his or | ||
her designee. | ||
(2) One representative of an association representing | ||
rural and small schools, appointed by the State |
Superintendent of Education. | ||
(3) Five superintendents of rural school districts who | ||
represent 3 super-regions of this State and who are | ||
recommended by an association representing rural and small | ||
schools, appointed by the State Superintendent of | ||
Education. | ||
(4) One principal from a rural school district | ||
recommended by a statewide organization representing | ||
school principals, appointed by the State Superintendent | ||
of Education. | ||
(5) One representative from a rural school district | ||
recommended by a statewide organization representing | ||
school boards, appointed by the State Superintendent of | ||
Education. | ||
(6) One representative of a statewide organization | ||
representing district superintendents, appointed by the | ||
State Superintendent of Education. | ||
(7) One representative of a statewide organization | ||
representing regional superintendents of schools, | ||
appointed by the State Superintendent of Education. | ||
(8) One student who is at least 15 years old, who is a | ||
member of the State Board of Education's Student Advisory | ||
Council, and who is from a rural school district, | ||
appointed by the State Superintendent of Education. | ||
Council members must reflect, as much as possible, the | ||
racial and ethnic diversity of this State. |
Council members shall serve without compensation but shall | ||
be reimbursed for their reasonable and necessary expenses from | ||
funds appropriated to the State Board of Education for that | ||
purpose, subject to the rules of the appropriate travel | ||
control board. | ||
(c) The Council shall meet initially at the call of the | ||
State Superintendent of Education, shall select one member as | ||
chairperson at its initial meeting, and shall thereafter meet | ||
at the call of the chairperson. | ||
(d) The State Board of Education shall provide | ||
administrative and other support to the Council as needed. | ||
(e) The Council is dissolved and this Section is repealed | ||
on December 31, 2031. | ||
(Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.) | ||
(105 ILCS 5/24-2) | ||
Sec. 24-2. Holidays. | ||
(a) Teachers shall not be required to teach on Saturdays, | ||
nor, except as provided in subsection (b) of this Section, | ||
shall teachers, educational support personnel employees, or | ||
other school employees, other than noncertificated school | ||
employees whose presence is necessary because of an emergency | ||
or for the continued operation and maintenance of school | ||
facilities or property, be required to work on legal school | ||
holidays, which are January 1, New Year's Day; the third | ||
Monday in January, the Birthday of Dr. Martin Luther King, |
Jr.; February 12, the Birthday of President Abraham Lincoln; | ||
the first Monday in March (to be known as Casimir Pulaski's | ||
birthday); Good Friday; the day designated as Memorial Day by | ||
federal law; June 19, Juneteenth National Freedom Day; July 4, | ||
Independence Day; the first Monday in September, Labor Day; | ||
the second Monday in October, Columbus Day; November 11, | ||
Veterans' Day; the Thursday in November commonly called | ||
Thanksgiving Day; and December 25, Christmas Day. School | ||
boards may grant special holidays whenever in their judgment | ||
such action is advisable. No deduction shall be made from the | ||
time or compensation of a school employee, including an | ||
educational support personnel employee, on account of any | ||
legal or special holiday in which that employee would have | ||
otherwise been scheduled to work but for the legal or special | ||
holiday. | ||
(b) A school board or other entity eligible to apply for | ||
waivers and modifications under Section 2-3.25g of this Code | ||
is authorized to hold school or schedule teachers' institutes, | ||
parent-teacher conferences, or staff development on the third | ||
Monday in January (the Birthday of Dr. Martin Luther King, | ||
Jr.); February 12 (the Birthday of President Abraham Lincoln); | ||
the first Monday in March (known as Casimir Pulaski's | ||
birthday); the second Monday in October (Columbus Day); and | ||
November 11 (Veterans' Day), provided that: | ||
(1) the person or persons honored by the holiday are | ||
recognized through instructional activities conducted on |
that day or, if the day is not used for student attendance, | ||
on the first school day preceding or following that day; | ||
and | ||
(2) the entity that chooses to exercise this authority | ||
first holds a public hearing about the proposal. The | ||
entity shall provide notice preceding the public hearing | ||
to both educators and parents. The notice shall set forth | ||
the time, date, and place of the hearing, describe the | ||
proposal, and indicate that the entity will take testimony | ||
from educators and parents about the proposal. | ||
(c) Commemorative holidays, which recognize specified | ||
patriotic, civic, cultural or historical persons, activities, | ||
or events, are regular school days. Commemorative holidays | ||
are: January 17 (the birthday of Muhammad Ali), January 28 (to | ||
be known as Christa McAuliffe Day and observed as a | ||
commemoration of space exploration), February 15 (the birthday | ||
of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day), | ||
September 11 (September 11th Day of Remembrance), September 17 | ||
(Constitution Day), the school day immediately preceding | ||
Veterans' Day (Korean War Veterans' Day), October 1 (Recycling | ||
Day), October 7 (Iraq and Afghanistan Veterans Remembrance | ||
Day), December 7 (Pearl Harbor Veterans' Day), and any day so | ||
appointed by the President or Governor. School boards may | ||
establish commemorative holidays whenever in their judgment | ||
such action is advisable. School boards shall include | ||
instruction relative to commemorated persons, activities, or |
events on the commemorative holiday or at any other time | ||
during the school year and at any point in the curriculum when | ||
such instruction may be deemed appropriate. The State Board of | ||
Education shall prepare and make available to school boards | ||
instructional materials relative to commemorated persons, | ||
activities, or events which may be used by school boards in | ||
conjunction with any instruction provided pursuant to this | ||
paragraph. | ||
(d) City of Chicago School District 299 shall observe | ||
March 4 of each year as a commemorative holiday. This holiday | ||
shall be known as Mayors' Day which shall be a day to | ||
commemorate and be reminded of the past Chief Executive | ||
Officers of the City of Chicago, and in particular the late | ||
Mayor Richard J. Daley and the late Mayor Harold Washington. | ||
If March 4 falls on a Saturday or Sunday, Mayors' Day shall be | ||
observed on the following Monday. | ||
(e) Notwithstanding any other provision of State law to | ||
the contrary, November 3, 2020 shall be a State holiday known | ||
as 2020 General Election Day and shall be observed throughout | ||
the State pursuant to Public Act 101-642 this amendatory Act | ||
of the 101st General Assembly . All government offices, with | ||
the exception of election authorities, shall be closed unless | ||
authorized to be used as a location for election day services | ||
or as a polling place. | ||
Notwithstanding any other provision of State law to the | ||
contrary, November 8, 2022 shall be a State holiday known as |
2022 General Election Day and shall be observed throughout the | ||
State under Public Act 102-15. | ||
Notwithstanding any other provision of State law to the | ||
contrary, November 5, 2024 shall be a State holiday known as | ||
2024 General Election Day and shall be observed throughout | ||
this State pursuant to Public Act 103-467 this amendatory Act | ||
of the 103rd General Assembly . | ||
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; | ||
102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. | ||
5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467, | ||
eff. 8-4-23; revised 9-1-23.) | ||
(105 ILCS 5/24-12) | ||
Sec. 24-12. Removal or dismissal of teachers in | ||
contractual continued service. | ||
(a) This subsection (a) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided on or before the end of the 2010-2011 school term. If | ||
a teacher in contractual continued service is removed or | ||
dismissed as a result of a decision of the board to decrease | ||
the number of teachers employed by the board or to discontinue | ||
some particular type of teaching service, written notice shall | ||
be mailed to the teacher and also given the teacher either by | ||
certified mail, return receipt requested or personal delivery | ||
with receipt at least 60 days before the end of the school | ||
term, together with a statement of honorable dismissal and the |
reason therefor, and in all such cases the board shall first | ||
remove or dismiss all teachers who have not entered upon | ||
contractual continued service before removing or dismissing | ||
any teacher who has entered upon contractual continued service | ||
and who is legally qualified to hold a position currently held | ||
by a teacher who has not entered upon contractual continued | ||
service. | ||
As between teachers who have entered upon contractual | ||
continued service, the teacher or teachers with the shorter | ||
length of continuing service with the district shall be | ||
dismissed first unless an alternative method of determining | ||
the sequence of dismissal is established in a collective | ||
bargaining agreement or contract between the board and a | ||
professional faculty members' organization and except that | ||
this provision shall not impair the operation of any | ||
affirmative action program in the district, regardless of | ||
whether it exists by operation of law or is conducted on a | ||
voluntary basis by the board. Any teacher dismissed as a | ||
result of such decrease or discontinuance shall be paid all | ||
earned compensation on or before the third business day | ||
following the last day of pupil attendance in the regular | ||
school term. | ||
If the board has any vacancies for the following school | ||
term or within one calendar year from the beginning of the | ||
following school term, the positions thereby becoming | ||
available shall be tendered to the teachers so removed or |
dismissed so far as they are legally qualified to hold such | ||
positions; provided, however, that if the number of honorable | ||
dismissal notices based on economic necessity exceeds 15% of | ||
the number of full-time equivalent positions filled by | ||
certified employees (excluding principals and administrative | ||
personnel) during the preceding school year, then if the board | ||
has any vacancies for the following school term or within 2 | ||
calendar years from the beginning of the following school | ||
term, the positions so becoming available shall be tendered to | ||
the teachers who were so notified and removed or dismissed | ||
whenever they are legally qualified to hold such positions. | ||
Each board shall, in consultation with any exclusive employee | ||
representatives, each year establish a list, categorized by | ||
positions, showing the length of continuing service of each | ||
teacher who is qualified to hold any such positions, unless an | ||
alternative method of determining a sequence of dismissal is | ||
established as provided for in this Section, in which case a | ||
list shall be made in accordance with the alternative method. | ||
Copies of the list shall be distributed to the exclusive | ||
employee representative on or before February 1 of each year. | ||
Whenever the number of honorable dismissal notices based upon | ||
economic necessity exceeds 5, or 150% of the average number of | ||
teachers honorably dismissed in the preceding 3 years, | ||
whichever is more, then the board also shall hold a public | ||
hearing on the question of the dismissals. Following the | ||
hearing and board review, the action to approve any such |
reduction shall require a majority vote of the board members. | ||
(b) If any teacher, whether or not in contractual | ||
continued service, is removed or dismissed as a result of a | ||
decision of a school board to decrease the number of teachers | ||
employed by the board, a decision of a school board to | ||
discontinue some particular type of teaching service, or a | ||
reduction in the number of programs or positions in a special | ||
education joint agreement, then written notice must be mailed | ||
to the teacher and also given to the teacher either by | ||
electronic mail, certified mail, return receipt requested, or | ||
personal delivery with receipt on or before April 15, together | ||
with a statement of honorable dismissal and the reason | ||
therefor, and in all such cases the sequence of dismissal | ||
shall occur in accordance with this subsection (b); except | ||
that this subsection (b) shall not impair the operation of any | ||
affirmative action program in the school district, regardless | ||
of whether it exists by operation of law or is conducted on a | ||
voluntary basis by the board. | ||
Each teacher must be categorized into one or more | ||
positions for which the teacher is qualified to hold, based | ||
upon legal qualifications and any other qualifications | ||
established in a district or joint agreement job description, | ||
on or before the May 10 prior to the school year during which | ||
the sequence of dismissal is determined. Within each position | ||
and subject to agreements made by the joint committee on | ||
honorable dismissals that are authorized by subsection (c) of |
this Section, the school district or joint agreement must | ||
establish 4 groupings of teachers qualified to hold the | ||
position as follows: | ||
(1) Grouping one shall consist of each teacher who is | ||
not in contractual continued service and who (i) has not | ||
received a performance evaluation rating, (ii) is employed | ||
for one school term or less to replace a teacher on leave, | ||
or (iii) is employed on a part-time basis. "Part-time | ||
basis" for the purposes of this subsection (b) means a | ||
teacher who is employed to teach less than a full-day, | ||
teacher workload or less than 5 days of the normal student | ||
attendance week, unless otherwise provided for in a | ||
collective bargaining agreement between the district and | ||
the exclusive representative of the district's teachers. | ||
For the purposes of this Section, a teacher (A) who is | ||
employed as a full-time teacher but who actually teaches | ||
or is otherwise present and participating in the | ||
district's educational program for less than a school term | ||
or (B) who, in the immediately previous school term, was | ||
employed on a full-time basis and actually taught or was | ||
otherwise present and participated in the district's | ||
educational program for 120 days or more is not considered | ||
employed on a part-time basis. | ||
(2) Grouping 2 shall consist of each teacher with a | ||
Needs Improvement or Unsatisfactory performance evaluation | ||
rating on either of the teacher's last 2 performance |
evaluation ratings. | ||
(3) Grouping 3 shall consist of each teacher with a | ||
performance evaluation rating of at least Satisfactory or | ||
Proficient on both of the teacher's last 2 performance | ||
evaluation ratings, if 2 ratings are available, or on the | ||
teacher's last performance evaluation rating, if only one | ||
rating is available, unless the teacher qualifies for | ||
placement into grouping 4. | ||
(4) Grouping 4 shall consist of each teacher whose | ||
last 2 performance evaluation ratings are Excellent and | ||
each teacher with 2 Excellent performance evaluation | ||
ratings out of the teacher's last 3 performance evaluation | ||
ratings with a third rating of Satisfactory or Proficient. | ||
Among teachers qualified to hold a position, teachers must | ||
be dismissed in the order of their groupings, with teachers in | ||
grouping one dismissed first and teachers in grouping 4 | ||
dismissed last. | ||
Within grouping one, the sequence of dismissal must be at | ||
the discretion of the school district or joint agreement. | ||
Within grouping 2, the sequence of dismissal must be based | ||
upon average performance evaluation ratings, with the teacher | ||
or teachers with the lowest average performance evaluation | ||
rating dismissed first. A teacher's average performance | ||
evaluation rating must be calculated using the average of the | ||
teacher's last 2 performance evaluation ratings, if 2 ratings | ||
are available, or the teacher's last performance evaluation |
rating, if only one rating is available, using the following | ||
numerical values: 4 for Excellent; 3 for Proficient or | ||
Satisfactory; 2 for Needs Improvement; and 1 for | ||
Unsatisfactory. As between or among teachers in grouping 2 | ||
with the same average performance evaluation rating and within | ||
each of groupings 3 and 4, the teacher or teachers with the | ||
shorter length of continuing service with the school district | ||
or joint agreement must be dismissed first unless an | ||
alternative method of determining the sequence of dismissal is | ||
established in a collective bargaining agreement or contract | ||
between the board and a professional faculty members' | ||
organization. | ||
Each board, including the governing board of a joint | ||
agreement, shall, in consultation with any exclusive employee | ||
representatives, each year establish a sequence of honorable | ||
dismissal list categorized by positions and the groupings | ||
defined in this subsection (b). Copies of the list showing | ||
each teacher by name, along with the race or ethnicity of the | ||
teacher if provided by the teacher, and categorized by | ||
positions and the groupings defined in this subsection (b) | ||
must be distributed to the exclusive bargaining representative | ||
at least 75 days before the end of the school term, provided | ||
that the school district or joint agreement may, with notice | ||
to any exclusive employee representatives, move teachers from | ||
grouping one into another grouping during the period of time | ||
from 75 days until April 15. Each year, each board shall also |
establish, in consultation with any exclusive employee | ||
representatives, a list showing the length of continuing | ||
service of each teacher who is qualified to hold any such | ||
positions, unless an alternative method of determining a | ||
sequence of dismissal is established as provided for in this | ||
Section, in which case a list must be made in accordance with | ||
the alternative method. Copies of the list must be distributed | ||
to the exclusive employee representative at least 75 days | ||
before the end of the school term. | ||
Any teacher dismissed as a result of such decrease or | ||
discontinuance must be paid all earned compensation on or | ||
before the third business day following the last day of pupil | ||
attendance in the regular school term. | ||
If the board or joint agreement has any vacancies for the | ||
following school term or within one calendar year from the | ||
beginning of the following school term, the positions thereby | ||
becoming available must be tendered to the teachers so removed | ||
or dismissed who were in grouping 3 or 4 of the sequence of | ||
dismissal and are qualified to hold the positions, based upon | ||
legal qualifications and any other qualifications established | ||
in a district or joint agreement job description, on or before | ||
the May 10 prior to the date of the positions becoming | ||
available, provided that if the number of honorable dismissal | ||
notices based on economic necessity exceeds 15% of the number | ||
of full-time equivalent positions filled by certified | ||
employees (excluding principals and administrative personnel) |
during the preceding school year, then the recall period is | ||
for the following school term or within 2 calendar years from | ||
the beginning of the following school term. If the board or | ||
joint agreement has any vacancies within the period from the | ||
beginning of the following school term through February 1 of | ||
the following school term (unless a date later than February | ||
1, but no later than 6 months from the beginning of the | ||
following school term, is established in a collective | ||
bargaining agreement), the positions thereby becoming | ||
available must be tendered to the teachers so removed or | ||
dismissed who were in grouping 2 of the sequence of dismissal | ||
due to one "needs improvement" rating on either of the | ||
teacher's last 2 performance evaluation ratings, provided | ||
that, if 2 ratings are available, the other performance | ||
evaluation rating used for grouping purposes is | ||
"satisfactory", "proficient", or "excellent", and are | ||
qualified to hold the positions, based upon legal | ||
qualifications and any other qualifications established in a | ||
district or joint agreement job description, on or before the | ||
May 10 prior to the date of the positions becoming available. | ||
On and after July 1, 2014 (the effective date of Public Act | ||
98-648), the preceding sentence shall apply to teachers | ||
removed or dismissed by honorable dismissal, even if notice of | ||
honorable dismissal occurred during the 2013-2014 school year. | ||
Among teachers eligible for recall pursuant to the preceding | ||
sentence, the order of recall must be in inverse order of |
dismissal, unless an alternative order of recall is | ||
established in a collective bargaining agreement or contract | ||
between the board and a professional faculty members' | ||
organization. Whenever the number of honorable dismissal | ||
notices based upon economic necessity exceeds 5 notices or | ||
150% of the average number of teachers honorably dismissed in | ||
the preceding 3 years, whichever is more, then the school | ||
board or governing board of a joint agreement, as applicable, | ||
shall also hold a public hearing on the question of the | ||
dismissals. Following the hearing and board review, the action | ||
to approve any such reduction shall require a majority vote of | ||
the board members. | ||
For purposes of this subsection (b), subject to agreement | ||
on an alternative definition reached by the joint committee | ||
described in subsection (c) of this Section, a teacher's | ||
performance evaluation rating means the overall performance | ||
evaluation rating resulting from an annual or biennial | ||
performance evaluation conducted pursuant to Article 24A of | ||
this Code by the school district or joint agreement | ||
determining the sequence of dismissal, not including any | ||
performance evaluation conducted during or at the end of a | ||
remediation period. No more than one evaluation rating each | ||
school term shall be one of the evaluation ratings used for the | ||
purpose of determining the sequence of dismissal. Except as | ||
otherwise provided in this subsection for any performance | ||
evaluations conducted during or at the end of a remediation |
period, if multiple performance evaluations are conducted in a | ||
school term, only the rating from the last evaluation | ||
conducted prior to establishing the sequence of honorable | ||
dismissal list in such school term shall be the one evaluation | ||
rating from that school term used for the purpose of | ||
determining the sequence of dismissal. Averaging ratings from | ||
multiple evaluations is not permitted unless otherwise agreed | ||
to in a collective bargaining agreement or contract between | ||
the board and a professional faculty members' organization. | ||
The preceding 3 sentences are not a legislative declaration | ||
that existing law does or does not already require that only | ||
one performance evaluation each school term shall be used for | ||
the purpose of determining the sequence of dismissal. For | ||
performance evaluation ratings determined prior to September | ||
1, 2012, any school district or joint agreement with a | ||
performance evaluation rating system that does not use either | ||
of the rating category systems specified in subsection (d) of | ||
Section 24A-5 of this Code for all teachers must establish a | ||
basis for assigning each teacher a rating that complies with | ||
subsection (d) of Section 24A-5 of this Code for all of the | ||
performance evaluation ratings that are to be used to | ||
determine the sequence of dismissal. A teacher's grouping and | ||
ranking on a sequence of honorable dismissal shall be deemed a | ||
part of the teacher's performance evaluation, and that | ||
information shall be disclosed to the exclusive bargaining | ||
representative as part of a sequence of honorable dismissal |
list, notwithstanding any laws prohibiting disclosure of such | ||
information. A performance evaluation rating may be used to | ||
determine the sequence of dismissal, notwithstanding the | ||
pendency of any grievance resolution or arbitration procedures | ||
relating to the performance evaluation. If a teacher has | ||
received at least one performance evaluation rating conducted | ||
by the school district or joint agreement determining the | ||
sequence of dismissal and a subsequent performance evaluation | ||
is not conducted in any school year in which such evaluation is | ||
required to be conducted under Section 24A-5 of this Code, the | ||
teacher's performance evaluation rating for that school year | ||
for purposes of determining the sequence of dismissal is | ||
deemed Proficient, except that, during any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, this default to Proficient does not | ||
apply to any teacher who has entered into contractual | ||
continued service and who was deemed Excellent on his or her | ||
most recent evaluation. During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or have mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation |
was deemed Excellent, and whose performance evaluation is not | ||
conducted when the evaluation is required to be conducted | ||
shall receive a teacher's performance rating deemed Excellent. | ||
A school board and any exclusive bargaining representative may | ||
mutually agree to an alternate performance rating for teachers | ||
not in contractual continued service during any time in which | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, as long as the agreement is in writing. | ||
If a performance evaluation rating is nullified as the result | ||
of an arbitration, administrative agency, or court | ||
determination, then the school district or joint agreement is | ||
deemed to have conducted a performance evaluation for that | ||
school year, but the performance evaluation rating may not be | ||
used in determining the sequence of dismissal. | ||
Nothing in this subsection (b) shall be construed as | ||
limiting the right of a school board or governing board of a | ||
joint agreement to dismiss a teacher not in contractual | ||
continued service in accordance with Section 24-11 of this | ||
Code. | ||
Any provisions regarding the sequence of honorable | ||
dismissals and recall of honorably dismissed teachers in a | ||
collective bargaining agreement entered into on or before | ||
January 1, 2011 and in effect on June 13, 2011 (the effective | ||
date of Public Act 97-8) that may conflict with Public Act 97-8 | ||
shall remain in effect through the expiration of such |
agreement or June 30, 2013, whichever is earlier. | ||
(c) Each school district and special education joint | ||
agreement must use a joint committee composed of equal | ||
representation selected by the school board and its teachers | ||
or, if applicable, the exclusive bargaining representative of | ||
its teachers, to address the matters described in paragraphs | ||
(1) through (5) of this subsection (c) pertaining to honorable | ||
dismissals under subsection (b) of this Section. | ||
(1) The joint committee must consider and may agree to | ||
criteria for excluding from grouping 2 and placing into | ||
grouping 3 a teacher whose last 2 performance evaluations | ||
include a Needs Improvement and either a Proficient or | ||
Excellent. | ||
(2) The joint committee must consider and may agree to | ||
an alternative definition for grouping 4, which definition | ||
must take into account prior performance evaluation | ||
ratings and may take into account other factors that | ||
relate to the school district's or program's educational | ||
objectives. An alternative definition for grouping 4 may | ||
not permit the inclusion of a teacher in the grouping with | ||
a Needs Improvement or Unsatisfactory performance | ||
evaluation rating on either of the teacher's last 2 | ||
performance evaluation ratings. | ||
(3) The joint committee may agree to including within | ||
the definition of a performance evaluation rating a | ||
performance evaluation rating administered by a school |
district or joint agreement other than the school district | ||
or joint agreement determining the sequence of dismissal. | ||
(4) For each school district or joint agreement that | ||
administers performance evaluation ratings that are | ||
inconsistent with either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code, | ||
the school district or joint agreement must consult with | ||
the joint committee on the basis for assigning a rating | ||
that complies with subsection (d) of Section 24A-5 of this | ||
Code to each performance evaluation rating that will be | ||
used in a sequence of dismissal. | ||
(5) Upon request by a joint committee member submitted | ||
to the employing board by no later than 10 days after the | ||
distribution of the sequence of honorable dismissal list, | ||
a representative of the employing board shall, within 5 | ||
days after the request, provide to members of the joint | ||
committee a list showing the most recent and prior | ||
performance evaluation ratings of each teacher identified | ||
only by length of continuing service in the district or | ||
joint agreement and not by name. If, after review of this | ||
list, a member of the joint committee has a good faith | ||
belief that a disproportionate number of teachers with | ||
greater length of continuing service with the district or | ||
joint agreement have received a recent performance | ||
evaluation rating lower than the prior rating, the member | ||
may request that the joint committee review the list to |
assess whether such a trend may exist. Following the joint | ||
committee's review, but by no later than the end of the | ||
applicable school term, the joint committee or any member | ||
or members of the joint committee may submit a report of | ||
the review to the employing board and exclusive bargaining | ||
representative, if any. Nothing in this paragraph (5) | ||
shall impact the order of honorable dismissal or a school | ||
district's or joint agreement's authority to carry out a | ||
dismissal in accordance with subsection (b) of this | ||
Section. | ||
Agreement by the joint committee as to a matter requires | ||
the majority vote of all committee members, and if the joint | ||
committee does not reach agreement on a matter, then the | ||
otherwise applicable requirements of subsection (b) of this | ||
Section shall apply. Except as explicitly set forth in this | ||
subsection (c), a joint committee has no authority to agree to | ||
any further modifications to the requirements for honorable | ||
dismissals set forth in subsection (b) of this Section. The | ||
joint committee must be established, and the first meeting of | ||
the joint committee each school year must occur on or before | ||
December 1. | ||
The joint committee must reach agreement on a matter on or | ||
before February 1 of a school year in order for the agreement | ||
of the joint committee to apply to the sequence of dismissal | ||
determined during that school year. Subject to the February 1 | ||
deadline for agreements, the agreement of a joint committee on |
a matter shall apply to the sequence of dismissal until the | ||
agreement is amended or terminated by the joint committee. | ||
The provisions of the Open Meetings Act shall not apply to | ||
meetings of a joint committee created under this subsection | ||
(c). | ||
(d) Notwithstanding anything to the contrary in this | ||
subsection (d), the requirements and dismissal procedures of | ||
Section 24-16.5 of this Code shall apply to any dismissal | ||
sought under Section 24-16.5 of this Code. | ||
(1) If a dismissal of a teacher in contractual | ||
continued service is sought for any reason or cause other | ||
than an honorable dismissal under subsections (a) or (b) | ||
of this Section or a dismissal sought under Section | ||
24-16.5 of this Code, including those under Section | ||
10-22.4, the board must first approve a motion containing | ||
specific charges by a majority vote of all its members. | ||
Written notice of such charges, including a bill of | ||
particulars and the teacher's right to request a hearing, | ||
must be mailed to the teacher and also given to the teacher | ||
either by electronic mail, certified mail, return receipt | ||
requested, or personal delivery with receipt within 5 days | ||
of the adoption of the motion. Any written notice sent on | ||
or after July 1, 2012 shall inform the teacher of the right | ||
to request a hearing before a mutually selected hearing | ||
officer, with the cost of the hearing officer split | ||
equally between the teacher and the board, or a hearing |
before a board-selected hearing officer, with the cost of | ||
the hearing officer paid by the board. | ||
Before setting a hearing on charges stemming from | ||
causes that are considered remediable, a board must give | ||
the teacher reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result | ||
in charges; however, no such written warning is required | ||
if the causes have been the subject of a remediation plan | ||
pursuant to Article 24A of this Code. | ||
If, in the opinion of the board, the interests of the | ||
school require it, the board may suspend the teacher | ||
without pay, pending the hearing, but if the board's | ||
dismissal or removal is not sustained, the teacher shall | ||
not suffer the loss of any salary or benefits by reason of | ||
the suspension. | ||
(2) No hearing upon the charges is required unless the | ||
teacher within 17 days after receiving notice requests in | ||
writing of the board that a hearing be scheduled before a | ||
mutually selected hearing officer or a hearing officer | ||
selected by the board. The secretary of the school board | ||
shall forward a copy of the notice to the State Board of | ||
Education. | ||
(3) Within 5 business days after receiving a notice of | ||
hearing in which either notice to the teacher was sent | ||
before July 1, 2012 or, if the notice was sent on or after | ||
July 1, 2012, the teacher has requested a hearing before a |
mutually selected hearing officer, the State Board of | ||
Education shall provide a list of 5 prospective, impartial | ||
hearing officers from the master list of qualified, | ||
impartial hearing officers maintained by the State Board | ||
of Education. Each person on the master list must (i) be | ||
accredited by a national arbitration organization and have | ||
had a minimum of 5 years of experience directly related to | ||
labor and employment relations matters between employers | ||
and employees or their exclusive bargaining | ||
representatives and (ii) beginning September 1, 2012, have | ||
participated in training provided or approved by the State | ||
Board of Education for teacher dismissal hearing officers | ||
so that he or she is familiar with issues generally | ||
involved in evaluative and non-evaluative dismissals. | ||
If notice to the teacher was sent before July 1, 2012 | ||
or, if the notice was sent on or after July 1, 2012, the | ||
teacher has requested a hearing before a mutually selected | ||
hearing officer, the board and the teacher or their legal | ||
representatives within 3 business days shall alternately | ||
strike one name from the list provided by the State Board | ||
of Education until only one name remains. Unless waived by | ||
the teacher, the teacher shall have the right to proceed | ||
first with the striking. Within 3 business days of receipt | ||
of the list provided by the State Board of Education, the | ||
board and the teacher or their legal representatives shall | ||
each have the right to reject all prospective hearing |
officers named on the list and notify the State Board of | ||
Education of such rejection. Within 3 business days after | ||
receiving this notification, the State Board of Education | ||
shall appoint a qualified person from the master list who | ||
did not appear on the list sent to the parties to serve as | ||
the hearing officer, unless the parties notify it that | ||
they have chosen to alternatively select a hearing officer | ||
under paragraph (4) of this subsection (d). | ||
If the teacher has requested a hearing before a | ||
hearing officer selected by the board, the board shall | ||
select one name from the master list of qualified | ||
impartial hearing officers maintained by the State Board | ||
of Education within 3 business days after receipt and | ||
shall notify the State Board of Education of its | ||
selection. | ||
A hearing officer mutually selected by the parties, | ||
selected by the board, or selected through an alternative | ||
selection process under paragraph (4) of this subsection | ||
(d) (A) must not be a resident of the school district, (B) | ||
must be available to commence the hearing within 75 days | ||
and conclude the hearing within 120 days after being | ||
selected as the hearing officer, and (C) must issue a | ||
decision as to whether the teacher must be dismissed and | ||
give a copy of that decision to both the teacher and the | ||
board within 30 days from the conclusion of the hearing or | ||
closure of the record, whichever is later. |
Any hearing convened during a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act may be convened remotely. Any hearing officer | ||
for a hearing convened during a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act may voluntarily withdraw from the hearing and | ||
another hearing officer shall be selected or appointed | ||
pursuant to this Section. | ||
In this paragraph, "pre-hearing procedures" refers to | ||
the pre-hearing procedures under Section 51.55 of Title 23 | ||
of the Illinois Administrative Code and "hearing" refers | ||
to the hearing under Section 51.60 of Title 23 of the | ||
Illinois Administrative Code. Any teacher who has been | ||
charged with engaging in acts of corporal punishment, | ||
physical abuse, grooming, or sexual misconduct and who | ||
previously paused pre-hearing procedures or a hearing | ||
pursuant to Public Act 101-643 must proceed with selection | ||
of a hearing officer or hearing date, or both, within the | ||
timeframes established by this paragraph (3) and | ||
paragraphs (4) through (6) of this subsection (d), unless | ||
the timeframes are mutually waived in writing by both | ||
parties, and all timelines set forth in this Section in | ||
cases concerning corporal punishment, physical abuse, | ||
grooming, or sexual misconduct shall be reset to begin the | ||
day after April 22, 2022 ( the effective date of Public Act | ||
102-708) this amendatory Act of the 102nd General |
Assembly . Any teacher charged with engaging in acts of | ||
corporal punishment, physical abuse, grooming, or sexual | ||
misconduct on or after April 22, 2022 ( the effective date | ||
of Public Act 102-708) this amendatory Act of the 102nd | ||
General Assembly may not pause pre-hearing procedures or a | ||
hearing. | ||
(4) In the alternative to selecting a hearing officer | ||
from the list received from the State Board of Education | ||
or accepting the appointment of a hearing officer by the | ||
State Board of Education or if the State Board of | ||
Education cannot provide a list or appoint a hearing | ||
officer that meets the foregoing requirements, the board | ||
and the teacher or their legal representatives may | ||
mutually agree to select an impartial hearing officer who | ||
is not on the master list either by direct appointment by | ||
the parties or by using procedures for the appointment of | ||
an arbitrator established by the Federal Mediation and | ||
Conciliation Service or the American Arbitration | ||
Association. The parties shall notify the State Board of | ||
Education of their intent to select a hearing officer | ||
using an alternative procedure within 3 business days of | ||
receipt of a list of prospective hearing officers provided | ||
by the State Board of Education, notice of appointment of | ||
a hearing officer by the State Board of Education, or | ||
receipt of notice from the State Board of Education that | ||
it cannot provide a list that meets the foregoing |
requirements, whichever is later. | ||
(5) If the notice of dismissal was sent to the teacher | ||
before July 1, 2012, the fees and costs for the hearing | ||
officer must be paid by the State Board of Education. If | ||
the notice of dismissal was sent to the teacher on or after | ||
July 1, 2012, the hearing officer's fees and costs must be | ||
paid as follows in this paragraph (5). The fees and | ||
permissible costs for the hearing officer must be | ||
determined by the State Board of Education. If the board | ||
and the teacher or their legal representatives mutually | ||
agree to select an impartial hearing officer who is not on | ||
a list received from the State Board of Education, they | ||
may agree to supplement the fees determined by the State | ||
Board to the hearing officer, at a rate consistent with | ||
the hearing officer's published professional fees. If the | ||
hearing officer is mutually selected by the parties, then | ||
the board and the teacher or their legal representatives | ||
shall each pay 50% of the fees and costs and any | ||
supplemental allowance to which they agree. If the hearing | ||
officer is selected by the board, then the board shall pay | ||
100% of the hearing officer's fees and costs. The fees and | ||
costs must be paid to the hearing officer within 14 days | ||
after the board and the teacher or their legal | ||
representatives receive the hearing officer's decision set | ||
forth in paragraph (7) of this subsection (d). | ||
(6) The teacher is required to answer the bill of |
particulars and aver affirmative matters in his or her | ||
defense, and the time for initially doing so and the time | ||
for updating such answer and defenses after pre-hearing | ||
discovery must be set by the hearing officer. The State | ||
Board of Education shall promulgate rules so that each | ||
party has a fair opportunity to present its case and to | ||
ensure that the dismissal process proceeds in a fair and | ||
expeditious manner. These rules shall address, without | ||
limitation, discovery and hearing scheduling conferences; | ||
the teacher's initial answer and affirmative defenses to | ||
the bill of particulars and the updating of that | ||
information after pre-hearing discovery; provision for | ||
written interrogatories and requests for production of | ||
documents; the requirement that each party initially | ||
disclose to the other party and then update the disclosure | ||
no later than 10 calendar days prior to the commencement | ||
of the hearing, the names and addresses of persons who may | ||
be called as witnesses at the hearing, a summary of the | ||
facts or opinions each witness will testify to, and all | ||
other documents and materials, including information | ||
maintained electronically, relevant to its own as well as | ||
the other party's case (the hearing officer may exclude | ||
witnesses and exhibits not identified and shared, except | ||
those offered in rebuttal for which the party could not | ||
reasonably have anticipated prior to the hearing); | ||
pre-hearing discovery and preparation, including provision |
for written interrogatories and requests for production of | ||
documents, provided that discovery depositions are | ||
prohibited; the conduct of the hearing; the right of each | ||
party to be represented by counsel, the offer of evidence | ||
and witnesses and the cross-examination of witnesses; the | ||
authority of the hearing officer to issue subpoenas and | ||
subpoenas duces tecum, provided that the hearing officer | ||
may limit the number of witnesses to be subpoenaed on | ||
behalf of each party to no more than 7; the length of | ||
post-hearing briefs; and the form, length, and content of | ||
hearing officers' decisions. The hearing officer shall | ||
hold a hearing and render a final decision for dismissal | ||
pursuant to Article 24A of this Code or shall report to the | ||
school board findings of fact and a recommendation as to | ||
whether or not the teacher must be dismissed for conduct. | ||
The hearing officer shall commence the hearing within 75 | ||
days and conclude the hearing within 120 days after being | ||
selected as the hearing officer, provided that the hearing | ||
officer may modify these timelines upon the showing of | ||
good cause or mutual agreement of the parties. Good cause | ||
for the purpose of this subsection (d) shall mean the | ||
illness or otherwise unavoidable emergency of the teacher, | ||
district representative, their legal representatives, the | ||
hearing officer, or an essential witness as indicated in | ||
each party's pre-hearing submission. In a dismissal | ||
hearing pursuant to Article 24A of this Code in which a |
witness is a student or is under the age of 18, the hearing | ||
officer must make accommodations for the witness, as | ||
provided under paragraph (6.5) of this subsection. The | ||
hearing officer shall consider and give weight to all of | ||
the teacher's evaluations written pursuant to Article 24A | ||
that are relevant to the issues in the hearing. | ||
Each party shall have no more than 3 days to present | ||
its case, unless extended by the hearing officer to enable | ||
a party to present adequate evidence and testimony, | ||
including due to the other party's cross-examination of | ||
the party's witnesses, for good cause or by mutual | ||
agreement of the parties. The State Board of Education | ||
shall define in rules the meaning of "day" for such | ||
purposes. All testimony at the hearing shall be taken | ||
under oath administered by the hearing officer. The | ||
hearing officer shall cause a record of the proceedings to | ||
be kept and shall employ a competent reporter to take | ||
stenographic or stenotype notes of all the testimony. The | ||
costs of the reporter's attendance and services at the | ||
hearing shall be paid by the party or parties who are | ||
responsible for paying the fees and costs of the hearing | ||
officer. Either party desiring a transcript of the hearing | ||
shall pay for the cost thereof. Any post-hearing briefs | ||
must be submitted by the parties by no later than 21 days | ||
after a party's receipt of the transcript of the hearing, | ||
unless extended by the hearing officer for good cause or |
by mutual agreement of the parties. | ||
(6.5) In the case of charges involving any witness who | ||
is or was at the time of the alleged conduct a student or a | ||
person under the age of 18, the hearing officer shall make | ||
accommodations to protect a witness from being | ||
intimidated, traumatized, or re-traumatized. No alleged | ||
victim or other witness who is or was at the time of the | ||
alleged conduct a student or under the age of 18 may be | ||
compelled to testify in the physical or visual presence of | ||
a teacher or other witness. If such a witness invokes this | ||
right, then the hearing officer must provide an | ||
accommodation consistent with the invoked right and use a | ||
procedure by which each party may hear such witness's | ||
witness' testimony. Accommodations may include, but are | ||
not limited to: (i) testimony made via a telecommunication | ||
device in a location other than the hearing room and | ||
outside the physical or visual presence of the teacher and | ||
other hearing participants, but accessible to the teacher | ||
via a telecommunication device, (ii) testimony made in the | ||
hearing room but outside the physical presence of the | ||
teacher and accessible to the teacher via a | ||
telecommunication device, (iii) non-public testimony, (iv) | ||
testimony made via videoconference with the cameras and | ||
microphones of the teacher turned off, or (v) pre-recorded | ||
testimony, including, but not limited to, a recording of a | ||
forensic interview conducted at an accredited Children's |
Advocacy Center. With all accommodations, the hearing | ||
officer shall give such testimony the same consideration | ||
as if the witness testified without the accommodation. The | ||
teacher may not directly, or through a representative, | ||
question a witness called by the school board who is or was | ||
a student or under 18 years of age at the time of the | ||
alleged conduct. The hearing officer must permit the | ||
teacher to submit all relevant questions and follow-up | ||
questions for such a witness to have the questions posed | ||
by the hearing officer. All questions must exclude | ||
evidence of the witness' sexual behavior or | ||
predisposition, unless the evidence is offered to prove | ||
that someone other than the teacher subject to the | ||
dismissal hearing engaged in the charge at issue. | ||
(7) The hearing officer shall, within 30 days from the | ||
conclusion of the hearing or closure of the record, | ||
whichever is later, make a decision as to whether or not | ||
the teacher shall be dismissed pursuant to Article 24A of | ||
this Code or report to the school board findings of fact | ||
and a recommendation as to whether or not the teacher | ||
shall be dismissed for cause and shall give a copy of the | ||
decision or findings of fact and recommendation to both | ||
the teacher and the school board. If a hearing officer | ||
fails without good cause, specifically provided in writing | ||
to both parties and the State Board of Education, to | ||
render a decision or findings of fact and recommendation |
within 30 days after the hearing is concluded or the | ||
record is closed, whichever is later, the parties may | ||
mutually agree to select a hearing officer pursuant to the | ||
alternative procedure, as provided in this Section, to | ||
rehear the charges heard by the hearing officer who failed | ||
to render a decision or findings of fact and | ||
recommendation or to review the record and render a | ||
decision. If any hearing officer fails without good cause, | ||
specifically provided in writing to both parties and the | ||
State Board of Education, to render a decision or findings | ||
of fact and recommendation within 30 days after the | ||
hearing is concluded or the record is closed, whichever is | ||
later , or if any hearing officer fails to make an | ||
accommodation as described in paragraph (6.5), the hearing | ||
officer shall be removed from the master list of hearing | ||
officers maintained by the State Board of Education for | ||
not more than 24 months. The parties and the State Board of | ||
Education may also take such other actions as it deems | ||
appropriate, including recovering, reducing, or | ||
withholding any fees paid or to be paid to the hearing | ||
officer. If any hearing officer repeats such failure, he | ||
or she must be permanently removed from the master list | ||
maintained by the State Board of Education and may not be | ||
selected by parties through the alternative selection | ||
process under this paragraph (7) or paragraph (4) of this | ||
subsection (d). The board shall not lose jurisdiction to |
discharge a teacher if the hearing officer fails to render | ||
a decision or findings of fact and recommendation within | ||
the time specified in this Section. If the decision of the | ||
hearing officer for dismissal pursuant to Article 24A of | ||
this Code or of the school board for dismissal for cause is | ||
in favor of the teacher, then the hearing officer or | ||
school board shall order reinstatement to the same or | ||
substantially equivalent position and shall determine the | ||
amount for which the school board is liable, including, | ||
but not limited to, loss of income and benefits. | ||
(8) The school board, within 45 days after receipt of | ||
the hearing officer's findings of fact and recommendation | ||
as to whether (i) the conduct at issue occurred, (ii) the | ||
conduct that did occur was remediable, and (iii) the | ||
proposed dismissal should be sustained, shall issue a | ||
written order as to whether the teacher must be retained | ||
or dismissed for cause from its employ. The school board's | ||
written order shall incorporate the hearing officer's | ||
findings of fact, except that the school board may modify | ||
or supplement the findings of fact if, in its opinion, the | ||
findings of fact are against the manifest weight of the | ||
evidence. | ||
If the school board dismisses the teacher | ||
notwithstanding the hearing officer's findings of fact and | ||
recommendation, the school board shall make a conclusion | ||
in its written order, giving its reasons therefor, and |
such conclusion and reasons must be included in its | ||
written order. The failure of the school board to strictly | ||
adhere to the timelines contained in this Section shall | ||
not render it without jurisdiction to dismiss the teacher. | ||
The school board shall not lose jurisdiction to discharge | ||
the teacher for cause if the hearing officer fails to | ||
render a recommendation within the time specified in this | ||
Section. The decision of the school board is final, unless | ||
reviewed as provided in paragraph (9) of this subsection | ||
(d). | ||
If the school board retains the teacher, the school | ||
board shall enter a written order stating the amount of | ||
back pay and lost benefits, less mitigation, to be paid to | ||
the teacher, within 45 days after its retention order. | ||
Should the teacher object to the amount of the back pay and | ||
lost benefits or amount mitigated, the teacher shall give | ||
written objections to the amount within 21 days. If the | ||
parties fail to reach resolution within 7 days, the | ||
dispute shall be referred to the hearing officer, who | ||
shall consider the school board's written order and | ||
teacher's written objection and determine the amount to | ||
which the school board is liable. The costs of the hearing | ||
officer's review and determination must be paid by the | ||
board. | ||
(9) The decision of the hearing officer pursuant to | ||
Article 24A of this Code or of the school board's decision |
to dismiss for cause is final unless reviewed as provided | ||
in Section 24-16 of this Code. If the school board's | ||
decision to dismiss for cause is contrary to the hearing | ||
officer's recommendation, the court on review shall give | ||
consideration to the school board's decision and its | ||
supplemental findings of fact, if applicable, and the | ||
hearing officer's findings of fact and recommendation in | ||
making its decision. In the event such review is | ||
instituted, the school board shall be responsible for | ||
preparing and filing the record of proceedings, and such | ||
costs associated therewith must be divided equally between | ||
the parties. | ||
(10) If a decision of the hearing officer for | ||
dismissal pursuant to Article 24A of this Code or of the | ||
school board for dismissal for cause is adjudicated upon | ||
review or appeal in favor of the teacher, then the trial | ||
court shall order reinstatement and shall remand the | ||
matter to the school board with direction for entry of an | ||
order setting the amount of back pay, lost benefits, and | ||
costs, less mitigation. The teacher may challenge the | ||
school board's order setting the amount of back pay, lost | ||
benefits, and costs, less mitigation, through an expedited | ||
arbitration procedure, with the costs of the arbitrator | ||
borne by the school board. | ||
Any teacher who is reinstated by any hearing or | ||
adjudication brought under this Section shall be assigned |
by the board to a position substantially similar to the | ||
one which that teacher held prior to that teacher's | ||
suspension or dismissal. | ||
(11) Subject to any later effective date referenced in | ||
this Section for a specific aspect of the dismissal | ||
process, the changes made by Public Act 97-8 shall apply | ||
to dismissals instituted on or after September 1, 2011. | ||
Any dismissal instituted prior to September 1, 2011 must | ||
be carried out in accordance with the requirements of this | ||
Section prior to amendment by Public Act 97-8. | ||
(e) Nothing contained in Public Act 98-648 repeals, | ||
supersedes, invalidates, or nullifies final decisions in | ||
lawsuits pending on July 1, 2014 (the effective date of Public | ||
Act 98-648) in Illinois courts involving the interpretation of | ||
Public Act 97-8. | ||
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24; | ||
103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.) | ||
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||
Sec. 24A-5. Content of evaluation plans. This Section | ||
does not apply to teachers assigned to schools identified in | ||
an agreement entered into between the board of a school | ||
district operating under Article 34 of this Code and the | ||
exclusive representative of the district's teachers in | ||
accordance with Section 34-85c of this Code. | ||
Each school district to which this Article applies shall |
establish a teacher evaluation plan which ensures that each | ||
teacher in contractual continued service is evaluated at least | ||
once in the course of every 2 or 3 school years as provided in | ||
this Section. | ||
Each school district shall establish a teacher evaluation | ||
plan that ensures that: | ||
(1) each teacher not in contractual continued service | ||
is evaluated at least once every school year; and | ||
(2) except as otherwise provided in this Section, each | ||
teacher in contractual continued service is evaluated at | ||
least once in the course of every 2 school years. However, | ||
any teacher in contractual continued service whose | ||
performance is rated as either "needs improvement" or | ||
"unsatisfactory" must be evaluated at least once in the | ||
school year following the receipt of such rating. | ||
No later than September 1, 2022, each school district must | ||
establish a teacher evaluation plan that ensures that each | ||
teacher in contractual continued service whose performance is | ||
rated as either "excellent" or "proficient" is evaluated at | ||
least once in the course of the 3 school years after receipt of | ||
the rating and implement an informal teacher observation plan | ||
established by agency rule and by agreement of the joint | ||
committee established under subsection (b) of Section 24A-4 of | ||
this Code that ensures that each teacher in contractual | ||
continued service whose performance is rated as either | ||
"excellent" or "proficient" is informally observed at least |
once in the course of the 2 school years after receipt of the | ||
rating. | ||
For the 2022-2023 school year only, if the Governor has | ||
declared a disaster due to a public health emergency pursuant | ||
to Section 7 of the Illinois Emergency Management Agency Act, | ||
a school district may waive the evaluation requirement of all | ||
teachers in contractual continued service whose performances | ||
were rated as either "excellent" or "proficient" during the | ||
last school year in which the teachers were evaluated under | ||
this Section. | ||
Notwithstanding anything to the contrary in this Section | ||
or any other Section of this Code, a principal shall not be | ||
prohibited from evaluating any teachers within a school during | ||
his or her first year as principal of such school. If a | ||
first-year principal exercises this option in a school | ||
district where the evaluation plan provides for a teacher in | ||
contractual continued service to be evaluated once in the | ||
course of every 2 or 3 school years, as applicable, then a new | ||
2-year or 3-year evaluation plan must be established. | ||
The evaluation plan shall comply with the requirements of | ||
this Section and of any rules adopted by the State Board of | ||
Education pursuant to this Section. | ||
The plan shall include a description of each teacher's | ||
duties and responsibilities and of the standards to which that | ||
teacher is expected to conform, and shall include at least the | ||
following components: |
(a) personal observation of the teacher in the | ||
classroom by the evaluator, unless the teacher has no | ||
classroom duties. | ||
(b) consideration of the teacher's attendance, | ||
planning, instructional methods, classroom management, | ||
where relevant, and competency in the subject matter | ||
taught. | ||
(c) by no later than the applicable implementation | ||
date, consideration of student growth as a significant | ||
factor in the rating of the teacher's performance. | ||
(d) prior to September 1, 2012, rating of the | ||
performance of teachers in contractual continued service | ||
as either: | ||
(i) "excellent", "satisfactory" or | ||
"unsatisfactory"; or | ||
(ii) "excellent", "proficient", "needs | ||
improvement" or "unsatisfactory". | ||
(e) on and after September 1, 2012, rating of the | ||
performance of all teachers as "excellent", "proficient", | ||
"needs improvement" or "unsatisfactory". | ||
(f) specification as to the teacher's strengths and | ||
weaknesses, with supporting reasons for the comments made. | ||
(g) inclusion of a copy of the evaluation in the | ||
teacher's personnel file and provision of a copy to the | ||
teacher. | ||
(h) within 30 school days after the completion of an |
evaluation rating a teacher in contractual continued | ||
service as "needs improvement", development by the | ||
evaluator, in consultation with the teacher, and taking | ||
into account the teacher's on-going professional | ||
responsibilities including his or her regular teaching | ||
assignments, of a professional development plan directed | ||
to the areas that need improvement and any supports that | ||
the district will provide to address the areas identified | ||
as needing improvement. | ||
(i) within 30 school days after completion of an | ||
evaluation rating a teacher in contractual continued | ||
service as "unsatisfactory", development and commencement | ||
by the district of a remediation plan designed to correct | ||
deficiencies cited, provided the deficiencies are deemed | ||
remediable. In all school districts the remediation plan | ||
for unsatisfactory, tenured teachers shall provide for 90 | ||
school days of remediation within the classroom, unless an | ||
applicable collective bargaining agreement provides for a | ||
shorter duration. In all school districts evaluations | ||
issued pursuant to this Section shall be issued within 10 | ||
days after the conclusion of the respective remediation | ||
plan. However, the school board or other governing | ||
authority of the district shall not lose jurisdiction to | ||
discharge a teacher in the event the evaluation is not | ||
issued within 10 days after the conclusion of the | ||
respective remediation plan. |
(j) participation in the remediation plan by the | ||
teacher in contractual continued service rated | ||
"unsatisfactory", an evaluator and a consulting teacher | ||
selected by the evaluator of the teacher who was rated | ||
"unsatisfactory", which consulting teacher is an | ||
educational employee as defined in the Illinois | ||
Educational Labor Relations Act, has at least 5 years' | ||
teaching experience, and a reasonable familiarity with the | ||
assignment of the teacher being evaluated, and who | ||
received an "excellent" rating on his or her most recent | ||
evaluation. Where no teachers who meet these criteria are | ||
available within the district, the district shall request | ||
and the applicable regional office of education shall | ||
supply, to participate in the remediation process, an | ||
individual who meets these criteria. | ||
In a district having a population of less than 500,000 | ||
with an exclusive bargaining agent, the bargaining agent | ||
may, if it so chooses, supply a roster of qualified | ||
teachers from whom the consulting teacher is to be | ||
selected. That roster shall, however, contain the names of | ||
at least 5 teachers, each of whom meets the criteria for | ||
consulting teacher with regard to the teacher being | ||
evaluated, or the names of all teachers so qualified if | ||
that number is less than 5. In the event of a dispute as to | ||
qualification, the State Board shall determine | ||
qualification. |
(k) a mid-point and final evaluation by an evaluator | ||
during and at the end of the remediation period, | ||
immediately following receipt of a remediation plan | ||
provided for under subsections (i) and (j) of this | ||
Section. Each evaluation shall assess the teacher's | ||
performance during the time period since the prior | ||
evaluation; provided that the last evaluation shall also | ||
include an overall evaluation of the teacher's performance | ||
during the remediation period. A written copy of the | ||
evaluations and ratings, in which any deficiencies in | ||
performance and recommendations for correction are | ||
identified, shall be provided to and discussed with the | ||
teacher within 10 school days after the date of the | ||
evaluation, unless an applicable collective bargaining | ||
agreement provides to the contrary. These subsequent | ||
evaluations shall be conducted by an evaluator. The | ||
consulting teacher shall provide advice to the teacher | ||
rated "unsatisfactory" on how to improve teaching skills | ||
and to successfully complete the remediation plan. The | ||
consulting teacher shall participate in developing the | ||
remediation plan, but the final decision as to the | ||
evaluation shall be done solely by the evaluator, unless | ||
an applicable collective bargaining agreement provides to | ||
the contrary. Evaluations at the conclusion of the | ||
remediation process shall be separate and distinct from | ||
the required annual evaluations of teachers and shall not |
be subject to the guidelines and procedures relating to | ||
those annual evaluations. The evaluator may but is not | ||
required to use the forms provided for the annual | ||
evaluation of teachers in the district's evaluation plan. | ||
(l) reinstatement to the evaluation schedule set forth | ||
in the district's evaluation plan for any teacher in | ||
contractual continued service who achieves a rating equal | ||
to or better than "satisfactory" or "proficient" in the | ||
school year following a rating of "needs improvement" or | ||
"unsatisfactory". | ||
(m) dismissal in accordance with subsection (d) of | ||
Section 24-12 or Section 24-16.5 or 34-85 of this Code of | ||
any teacher who fails to complete any applicable | ||
remediation plan with a rating equal to or better than a | ||
"satisfactory" or "proficient" rating. Districts and | ||
teachers subject to dismissal hearings are precluded from | ||
compelling the testimony of consulting teachers at such | ||
hearings under subsection (d) of Section 24-12 or Section | ||
24-16.5 or 34-85 of this Code, either as to the rating | ||
process or for opinions of performances by teachers under | ||
remediation. | ||
(n) After the implementation date of an evaluation | ||
system for teachers in a district as specified in Section | ||
24A-2.5 of this Code, if a teacher in contractual | ||
continued service successfully completes a remediation | ||
plan following a rating of "unsatisfactory" in an overall |
performance evaluation received after the foregoing | ||
implementation date and receives a subsequent rating of | ||
"unsatisfactory" in any of the teacher's overall | ||
performance evaluation ratings received during the | ||
36-month period following the teacher's completion of the | ||
remediation plan, then the school district may forgo | ||
forego remediation and seek dismissal in accordance with | ||
subsection (d) of Section 24-12 or Section 34-85 of this | ||
Code. | ||
(o) Teachers who are due to be evaluated in the last | ||
year before they are set to retire shall be offered the | ||
opportunity to waive their evaluation and to retain their | ||
most recent rating, unless the teacher was last rated as | ||
"needs improvement" or "unsatisfactory". The school | ||
district may still reserve the right to evaluate a teacher | ||
provided the district gives notice to the teacher at least | ||
14 days before the evaluation and a reason for evaluating | ||
the teacher. | ||
Nothing in this Section or Section 24A-4 shall be | ||
construed as preventing immediate dismissal of a teacher for | ||
deficiencies which are deemed irremediable or for actions | ||
which are injurious to or endanger the health or person of | ||
students in the classroom or school, or preventing the | ||
dismissal or non-renewal of teachers not in contractual | ||
continued service for any reason not prohibited by applicable | ||
employment, labor, and civil rights laws. Failure to strictly |
comply with the time requirements contained in Section 24A-5 | ||
shall not invalidate the results of the remediation plan. | ||
Nothing contained in Public Act 98-648 this amendatory Act | ||
of the 98th General Assembly repeals, supersedes, invalidates, | ||
or nullifies final decisions in lawsuits pending on July 1, | ||
2014 ( the effective date of Public Act 98-648) this amendatory | ||
Act of the 98th General Assembly in Illinois courts involving | ||
the interpretation of Public Act 97-8. | ||
If the Governor has declared a disaster due to a public | ||
health emergency pursuant to Section 7 of the Illinois | ||
Emergency Management Agency Act that suspends in-person | ||
instruction, the timelines in this Section connected to the | ||
commencement and completion of any remediation plan are | ||
waived. Except if the parties mutually agree otherwise and the | ||
agreement is in writing, any remediation plan that had been in | ||
place for more than 45 days prior to the suspension of | ||
in-person instruction shall resume when in-person instruction | ||
resumes and any remediation plan that had been in place for | ||
fewer than 45 days prior to the suspension of in-person | ||
instruction shall be discontinued and a new remediation period | ||
shall begin when in-person instruction resumes. The | ||
requirements of this paragraph apply regardless of whether | ||
they are included in a school district's teacher evaluation | ||
plan. | ||
(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22; | ||
103-85, eff. 6-9-23; revised 9-20-23.) |
(105 ILCS 5/26A-40) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 26A-40. Support and services. | ||
(a) To facilitate the full participation of students who | ||
are parents, expectant parents, or victims of domestic or | ||
sexual violence, each school district must provide those | ||
students with in-school support services and information | ||
regarding nonschool-based support services, and the ability to | ||
make up work missed on account of circumstances related to the | ||
student's status as a parent, expectant parent, or victim of | ||
domestic or sexual violence. Victims of domestic or sexual | ||
violence must have access to those supports and services | ||
regardless of when or where the violence for which they are | ||
seeking supports and services occurred. All supports and | ||
services must be offered for as long as necessary to maintain | ||
the mental and physical well-being and safety of the student. | ||
Schools may periodically check on students receiving supports | ||
and services to determine whether each support and service | ||
continues to be necessary to maintain the mental and physical | ||
well-being and safety of the student or whether termination is | ||
appropriate. | ||
(b) Supports provided under subsection (a) shall include, | ||
but are not limited to (i) the provision of sufficiently | ||
private settings to ensure confidentiality and time off from |
class for meetings with counselors or other service providers, | ||
(ii) assisting the student with a student success plan, (iii) | ||
transferring a victim of domestic or sexual violence or the | ||
student perpetrator to a different classroom or school, if | ||
available, (iv) changing a seating assignment, (v) | ||
implementing in-school, school grounds, and bus safety | ||
procedures, (vi) honoring court orders, including orders of | ||
protection and no-contact orders to the fullest extent | ||
possible, and (vii) providing any other supports that may | ||
facilitate the full participation in the regular education | ||
program of students who are parents, expectant parents, or | ||
victims of domestic or sexual violence. | ||
(c) If a student who is a parent, expectant parent, or | ||
victim of domestic or sexual violence is a student at risk of | ||
academic failure or displays poor academic performance, the | ||
student or the student's parent or guardian may request that | ||
the school district provide the student with or refer the | ||
student to education and support services designed to assist | ||
the student in meeting State learning standards. A school | ||
district may either provide education or support services | ||
directly or may collaborate with public or private State, | ||
local, or community-based organizations or agencies that | ||
provide these services. A school district must also inform | ||
those students about support services of nonschool-based | ||
organizations and agencies from which those students typically | ||
receive services in the community. |
(d) Any student who is unable, because of circumstances | ||
related to the student's status as a parent, expectant parent, | ||
or victim of domestic or sexual violence, to participate in | ||
classes on a particular day or days or at the particular time | ||
of day must be excused in accordance with the procedures set | ||
forth in this Code. Upon student or parent or guardian's | ||
request, the teachers and of the school administrative | ||
personnel and officials shall make available to each student | ||
who is unable to participate because of circumstances related | ||
to the student's status as a parent, expectant parent, or | ||
victim of domestic or sexual violence a meaningful opportunity | ||
to make up any examination, study, or work requirement that | ||
the student has missed because of the inability to participate | ||
on any particular day or days or at any particular time of day. | ||
For a student receiving homebound instruction, it is the | ||
responsibility of the student and parent to work with the | ||
school or school district to meet academic standards for | ||
matriculation, as defined by school district policy. Costs | ||
assessed by the school district on the student for | ||
participation in those activities shall be considered waivable | ||
fees for any student whose parent or guardian is unable to | ||
afford them, consistent with Section 10-20.13. Each school | ||
district must adopt written policies for waiver of those fees | ||
in accordance with rules adopted by the State Board of | ||
Education. | ||
(e) If a school or school district employee or agent |
becomes aware of or suspects a student's status as a parent, | ||
expectant parent, or victim of domestic or sexual violence, it | ||
is the responsibility of the employee or agent of the school or | ||
school district to refer the student to the school district's | ||
domestic or sexual violence and parenting resource personnel | ||
set forth in Section 26A-35. A school district must make | ||
respecting a student's privacy, confidentiality, mental and | ||
physical health, and safety a paramount concern. | ||
(f) Each school must honor a student's and a parent's or | ||
guardian's decision to obtain education and support services | ||
and nonschool-based support services, to terminate the receipt | ||
of those education and support services, or nonschool-based | ||
support services, or to decline participation in those | ||
education and support services, or nonschool-based support | ||
services. No student is obligated to use education and support | ||
services, or nonschool-based support services. In developing | ||
educational support services, the privacy, mental and physical | ||
health, and safety of the student shall be of paramount | ||
concern. No adverse or prejudicial effects may result to any | ||
student because of the student's availing of or declining the | ||
provisions of this Section as long as the student is working | ||
with the school to meet academic standards for matriculation | ||
as defined by school district policy. | ||
(g) Any support services must be available in any school | ||
or by home or hospital instruction to the highest quality and | ||
fullest extent possible for the individual setting. |
(h) School-based counseling services, if available, must | ||
be offered to students who are parents, expectant parents, or | ||
victims of domestic or sexual violence consistent with the | ||
Mental Health and Developmental Disabilities Code. At least | ||
once every school year, each school district must inform, in | ||
writing, all school personnel and all students 12 years of age | ||
or older of the availability of counseling without parental or | ||
guardian consent under Section 3-5A-105 (to be renumbered as | ||
Section 3-550 in a revisory bill as of the effective date of | ||
this amendatory Act of the 102nd General Assembly) of the | ||
Mental Health and Developmental Disabilities Code. This | ||
information must also be provided to students immediately | ||
after any school personnel becomes aware that a student is a | ||
parent, expectant parent, or victim of domestic or sexual | ||
violence. | ||
(i) All domestic or sexual violence organizations and | ||
their staff and any other nonschool organization and its staff | ||
shall maintain confidentiality under federal and State laws | ||
and their professional ethics policies regardless of when or | ||
where information, advice, counseling, or any other | ||
interaction with students takes place. A school or school | ||
district may not request or require those organizations or | ||
individuals to breach confidentiality. | ||
(Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.) | ||
(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1) |
Sec. 27-23.1. Parenting education. | ||
(a) The State Board of Education must assist each school | ||
district that offers an evidence-based parenting education | ||
model. School districts may provide instruction in parenting | ||
education for grades 6 through 12 and include such instruction | ||
in the courses of study regularly taught therein. School | ||
districts may give regular school credit for satisfactory | ||
completion by the student of such courses. | ||
As used in this subsection (a), "parenting education" | ||
means and includes instruction in the following: | ||
(1) Child growth and development, including prenatal | ||
development. | ||
(2) Childbirth and child care. | ||
(3) Family structure, function , and management. | ||
(4) Prenatal and postnatal care for mothers and | ||
infants. | ||
(5) Prevention of child abuse. | ||
(6) The physical, mental, emotional, social, economic , | ||
and psychological aspects of interpersonal and family | ||
relationships. | ||
(7) Parenting skill development. | ||
The State Board of Education shall assist those districts | ||
offering parenting education instruction, upon request, in | ||
developing instructional materials, training teachers, and | ||
establishing appropriate time allotments for each of the areas | ||
included in such instruction. |
School districts may offer parenting education courses | ||
during that period of the day which is not part of the regular | ||
school day. Residents of the school district may enroll in | ||
such courses. The school board may establish fees and collect | ||
such charges as may be necessary for attendance at such | ||
courses in an amount not to exceed the per capita cost of the | ||
operation thereof, except that the board may waive all or part | ||
of such charges if it determines that the individual is | ||
indigent or that the educational needs of the individual | ||
requires his or her attendance at such courses. | ||
(b) Beginning with the 2019-2020 school year, from | ||
appropriations made for the purposes of this Section, the | ||
State Board of Education shall implement and administer a | ||
7-year pilot program supporting the health and wellness | ||
student-learning requirement by utilizing a unit of | ||
instruction on parenting education in participating school | ||
districts that maintain grades 9 through 12, to be determined | ||
by the participating school districts. The program is | ||
encouraged to include, but is not be limited to, instruction | ||
on (i) family structure, function, and management, (ii) the | ||
prevention of child abuse, (iii) the physical, mental, | ||
emotional, social, economic, and psychological aspects of | ||
interpersonal and family relationships, and (iv) parenting | ||
education competency development that is aligned to the social | ||
and emotional learning standards of the student's grade level. | ||
Instruction under this subsection (b) may be included in the |
Comprehensive Health Education Program set forth under Section | ||
3 of the Critical Health Problems and Comprehensive Health | ||
Education Act. The State Board of Education is authorized to | ||
make grants to school districts that apply to participate in | ||
the pilot program under this subsection (b). The provisions of | ||
this subsection (b), other than this sentence, are inoperative | ||
at the conclusion of the pilot program. | ||
(Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23; | ||
revised 9-5-23.) | ||
(105 ILCS 5/27A-3) | ||
Sec. 27A-3. Definitions. For purposes of this Article: | ||
"At-risk pupil" means a pupil who, because of physical, | ||
emotional, socioeconomic, or cultural factors, is less likely | ||
to succeed in a conventional educational environment. | ||
"Authorizer" means an entity authorized under this Article | ||
to review applications, decide whether to approve or reject | ||
applications, enter into charter contracts with applicants, | ||
oversee charter schools, and decide whether to renew, not | ||
renew, or revoke a charter. | ||
"Local school board" means the duly elected or appointed | ||
school board or board of education of a public school | ||
district, including special charter districts and school | ||
districts located in cities having a population of more than | ||
500,000, organized under the laws of this State. | ||
"State Board" means the State Board of Education. |
"Union neutrality clause" means a provision whereby a | ||
charter school agrees: (1) to be neutral regarding the | ||
unionization of any of its employees, such that the charter | ||
school will not at any time express a position on the matter of | ||
whether its employees will be unionized and such that the | ||
charter school will not threaten, intimidate, discriminate | ||
against, retaliate against, or take any adverse action against | ||
any employees based on their decision to support or oppose | ||
union representation; (2) to provide any bona fide labor | ||
organization access at reasonable times to areas in which the | ||
charter school's employees work for the purpose of meeting | ||
with employees to discuss their right to representation, | ||
employment rights under the law, and terms and conditions of | ||
employment; and (3) that union recognition shall be through a | ||
majority card check verified by a neutral third-party | ||
arbitrator mutually selected by the charter school and the | ||
bona fide labor organization through alternate striking from a | ||
panel of arbitrators provided by the Federal Mediation and | ||
Conciliation Service. As used in this definition, "bona fide | ||
labor organization" means a labor organization recognized | ||
under the National Labor Relations Act or the Illinois | ||
Educational Labor Relations Act. As used in this definition, | ||
"employees" means non-represented, non-management, and | ||
non-confidential employees of a charter school. | ||
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; | ||
revised 9-5-23.) |
(105 ILCS 5/27A-5) | ||
(Text of Section before amendment by P.A. 102-466 and | ||
103-472 ) | ||
Sec. 27A-5. Charter school; legal entity; requirements. | ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home based, and non-profit school. A charter | ||
school shall be organized and operated as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity | ||
authorized under the laws of the State of Illinois. | ||
(b) A charter school may be established under this Article | ||
by creating a new school or by converting an existing public | ||
school or attendance center to charter school status. In all | ||
new applications to establish a charter school in a city | ||
having a population exceeding 500,000, operation of the | ||
charter school shall be limited to one campus. This limitation | ||
does not apply to charter schools existing or approved on or | ||
before April 16, 2003. | ||
(b-5) (Blank). | ||
(c) A charter school shall be administered and governed by | ||
its board of directors or other governing body in the manner | ||
provided in its charter. The governing body of a charter | ||
school shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. A charter school's board of directors | ||
or other governing body must include at least one parent or | ||
guardian of a pupil currently enrolled in the charter school |
who may be selected through the charter school or a charter | ||
network election, appointment by the charter school's board of | ||
directors or other governing body, or by the charter school's | ||
Parent Teacher Organization or its equivalent. | ||
(c-5) No later than January 1, 2021 or within the first | ||
year of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall | ||
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and | ||
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or | ||
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board. | ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety | ||
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students | ||
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety requirements applicable to public schools | ||
under the laws of the State of Illinois. The State Board shall | ||
promulgate and post on its Internet website a list of | ||
non-curricular health and safety requirements that a charter | ||
school must meet. The list shall be updated annually no later | ||
than September 1. Any charter contract between a charter | ||
school and its authorizer must contain a provision that | ||
requires the charter school to follow the list of all | ||
non-curricular health and safety requirements promulgated by | ||
the State Board and any non-curricular health and safety | ||
requirements added by the State Board to such list during the | ||
term of the charter. Nothing in this subsection (d) precludes | ||
an authorizer from including non-curricular health and safety | ||
requirements in a charter school contract that are not | ||
contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board. |
(e) Except as otherwise provided in the School Code, a | ||
charter school shall not charge tuition; provided that a | ||
charter school may charge reasonable fees for textbooks, | ||
instructional materials, and student activities. | ||
(f) A charter school shall be responsible for the | ||
management and operation of its fiscal affairs, including, but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter school's finances shall be conducted annually by an | ||
outside, independent contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer | ||
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the | ||
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school. | ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and its charter. A charter school is |
exempt from all other State laws and regulations in this Code | ||
governing public schools and local school board policies; | ||
however, a charter school is not exempt from the following: | ||
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants | ||
for employment; | ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of students; | ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act; | ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986 regarding indemnification of | ||
officers, directors, employees, and agents; | ||
(5) the Abused and Neglected Child Reporting Act; | ||
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act; | ||
(7) Section 10-17a of this Code regarding school | ||
report cards; | ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; |
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; | ||
(14) Sections 22-90 and 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; | ||
(17) the Seizure Smart School Act; | ||
(18) Section 2-3.64a-10 of this Code; | ||
(19) Sections 10-20.73 and 34-21.9 of this Code; | ||
(20) Section 10-22.25b of this Code; | ||
(21) Section 27-9.1a of this Code; | ||
(22) Section 27-9.1b of this Code; | ||
(23) Section 34-18.8 of this Code; | ||
(25) Section 2-3.188 of this Code; | ||
(26) Section 22-85.5 of this Code; | ||
(27) subsections (d-10), (d-15), and (d-20) of Section | ||
10-20.56 of this Code; | ||
(28) Sections 10-20.83 and 34-18.78 of this Code; | ||
(29) Section 10-20.13 of this Code; | ||
(30) Section 28-19.2 of this Code; | ||
(31) Section 34-21.6 of this Code; and | ||
(32) Section 22-85.10 of this Code. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the governing body of a State college or |
university or public community college, or any other public or | ||
for-profit or nonprofit private entity for: (i) the use of a | ||
school building and grounds or any other real property or | ||
facilities that the charter school desires to use or convert | ||
for use as a charter school site, (ii) the operation and | ||
maintenance thereof, and (iii) the provision of any service, | ||
activity, or undertaking that the charter school is required | ||
to perform in order to carry out the terms of its charter. | ||
Except as provided in subsection (i) of this Section, a school | ||
district may charge a charter school reasonable rent for the | ||
use of the district's buildings, grounds, and facilities. Any | ||
services for which a charter school contracts with a school | ||
district shall be provided by the district at cost. Any | ||
services for which a charter school contracts with a local | ||
school board or with the governing body of a State college or | ||
university or public community college shall be provided by | ||
the public entity at cost. | ||
(i) In no event shall a charter school that is established | ||
by converting an existing school or attendance center to | ||
charter school status be required to pay rent for space that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement, in school district facilities. However, all other | ||
costs for the operation and maintenance of school district | ||
facilities that are used by the charter school shall be | ||
subject to negotiation between the charter school and the | ||
local school board and shall be set forth in the charter. |
(j) A charter school may limit student enrollment by age | ||
or grade level. | ||
(k) If the charter school is authorized by the State | ||
Board, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||
eff. 6-30-23.) | ||
(Text of Section after amendment by P.A. 103-472 but | ||
before amendment by P.A. 102-466 ) | ||
Sec. 27A-5. Charter school; legal entity; requirements. | ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home based, and non-profit school. A charter | ||
school shall be organized and operated as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity | ||
authorized under the laws of the State of Illinois. | ||
(b) A charter school may be established under this Article | ||
by creating a new school or by converting an existing public | ||
school or attendance center to charter school status. In all | ||
new applications to establish a charter school in a city | ||
having a population exceeding 500,000, operation of the | ||
charter school shall be limited to one campus. This limitation |
does not apply to charter schools existing or approved on or | ||
before April 16, 2003. | ||
(b-5) (Blank). | ||
(c) A charter school shall be administered and governed by | ||
its board of directors or other governing body in the manner | ||
provided in its charter. The governing body of a charter | ||
school shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. A charter school's board of directors | ||
or other governing body must include at least one parent or | ||
guardian of a pupil currently enrolled in the charter school | ||
who may be selected through the charter school or a charter | ||
network election, appointment by the charter school's board of | ||
directors or other governing body, or by the charter school's | ||
Parent Teacher Organization or its equivalent. | ||
(c-5) No later than January 1, 2021 or within the first | ||
year of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall | ||
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and | ||
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or |
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board. | ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety | ||
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students | ||
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety requirements applicable to public schools | ||
under the laws of the State of Illinois. The State Board shall | ||
promulgate and post on its Internet website a list of | ||
non-curricular health and safety requirements that a charter | ||
school must meet. The list shall be updated annually no later | ||
than September 1. Any charter contract between a charter | ||
school and its authorizer must contain a provision that |
requires the charter school to follow the list of all | ||
non-curricular health and safety requirements promulgated by | ||
the State Board and any non-curricular health and safety | ||
requirements added by the State Board to such list during the | ||
term of the charter. Nothing in this subsection (d) precludes | ||
an authorizer from including non-curricular health and safety | ||
requirements in a charter school contract that are not | ||
contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board. | ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall not charge tuition; provided that a | ||
charter school may charge reasonable fees for textbooks, | ||
instructional materials, and student activities. | ||
(f) A charter school shall be responsible for the | ||
management and operation of its fiscal affairs, including, but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter school's finances shall be conducted annually by an | ||
outside, independent contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer | ||
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the |
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school. | ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and its charter. A charter school is | ||
exempt from all other State laws and regulations in this Code | ||
governing public schools and local school board policies; | ||
however, a charter school is not exempt from the following: | ||
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants | ||
for employment; | ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of students; | ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act; | ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986 regarding indemnification of | ||
officers, directors, employees, and agents; | ||
(5) the Abused and Neglected Child Reporting Act; |
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act; | ||
(7) Section 10-17a of this Code regarding school | ||
report cards; | ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; | ||
(14) Sections 22-90 and 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; | ||
(17) the Seizure Smart School Act; | ||
(18) Section 2-3.64a-10 of this Code; | ||
(19) Sections 10-20.73 and 34-21.9 of this Code; | ||
(20) Section 10-22.25b of this Code; | ||
(21) Section 27-9.1a of this Code; | ||
(22) Section 27-9.1b of this Code; | ||
(23) Section 34-18.8 of this Code; | ||
(25) Section 2-3.188 of this Code; | ||
(26) Section 22-85.5 of this Code; | ||
(27) subsections (d-10), (d-15), and (d-20) of Section |
10-20.56 of this Code; | ||
(28) Sections 10-20.83 and 34-18.78 of this Code; | ||
(29) Section 10-20.13 of this Code; | ||
(30) Section 28-19.2 of this Code; | ||
(31) Section 34-21.6 of this Code; and | ||
(32) Section 22-85.10 of this Code; | ||
(33) Section 2-3.196 of this Code; | ||
(34) Section 22-95 of this Code; | ||
(35) Section 34-18.62 of this Code; and | ||
(36) the Illinois Human Rights Act. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the governing body of a State college or | ||
university or public community college, or any other public or | ||
for-profit or nonprofit private entity for: (i) the use of a | ||
school building and grounds or any other real property or | ||
facilities that the charter school desires to use or convert | ||
for use as a charter school site, (ii) the operation and | ||
maintenance thereof, and (iii) the provision of any service, | ||
activity, or undertaking that the charter school is required | ||
to perform in order to carry out the terms of its charter. | ||
Except as provided in subsection (i) of this Section, a school | ||
district may charge a charter school reasonable rent for the | ||
use of the district's buildings, grounds, and facilities. Any | ||
services for which a charter school contracts with a school |
district shall be provided by the district at cost. Any | ||
services for which a charter school contracts with a local | ||
school board or with the governing body of a State college or | ||
university or public community college shall be provided by | ||
the public entity at cost. | ||
(i) In no event shall a charter school that is established | ||
by converting an existing school or attendance center to | ||
charter school status be required to pay rent for space that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement, in school district facilities. However, all other | ||
costs for the operation and maintenance of school district | ||
facilities that are used by the charter school shall be | ||
subject to negotiation between the charter school and the | ||
local school board and shall be set forth in the charter. | ||
(j) A charter school may limit student enrollment by age | ||
or grade level. | ||
(k) If the charter school is authorized by the State | ||
Board, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||
eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.) |
(Text of Section after amendment by P.A. 102-466 ) | ||
Sec. 27A-5. Charter school; legal entity; requirements. | ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home based, and non-profit school. A charter | ||
school shall be organized and operated as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity | ||
authorized under the laws of the State of Illinois. | ||
(b) A charter school may be established under this Article | ||
by creating a new school or by converting an existing public | ||
school or attendance center to charter school status. In all | ||
new applications to establish a charter school in a city | ||
having a population exceeding 500,000, operation of the | ||
charter school shall be limited to one campus. This limitation | ||
does not apply to charter schools existing or approved on or | ||
before April 16, 2003. | ||
(b-5) (Blank). | ||
(c) A charter school shall be administered and governed by | ||
its board of directors or other governing body in the manner | ||
provided in its charter. The governing body of a charter | ||
school shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. A charter school's board of directors | ||
or other governing body must include at least one parent or | ||
guardian of a pupil currently enrolled in the charter school | ||
who may be selected through the charter school or a charter | ||
network election, appointment by the charter school's board of | ||
directors or other governing body, or by the charter school's |
Parent Teacher Organization or its equivalent. | ||
(c-5) No later than January 1, 2021 or within the first | ||
year of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall | ||
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and | ||
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or | ||
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board. | ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety |
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students | ||
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety requirements applicable to public schools | ||
under the laws of the State of Illinois. The State Board shall | ||
promulgate and post on its Internet website a list of | ||
non-curricular health and safety requirements that a charter | ||
school must meet. The list shall be updated annually no later | ||
than September 1. Any charter contract between a charter | ||
school and its authorizer must contain a provision that | ||
requires the charter school to follow the list of all | ||
non-curricular health and safety requirements promulgated by | ||
the State Board and any non-curricular health and safety | ||
requirements added by the State Board to such list during the | ||
term of the charter. Nothing in this subsection (d) precludes | ||
an authorizer from including non-curricular health and safety | ||
requirements in a charter school contract that are not | ||
contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board. | ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall not charge tuition; provided that a | ||
charter school may charge reasonable fees for textbooks, |
instructional materials, and student activities. | ||
(f) A charter school shall be responsible for the | ||
management and operation of its fiscal affairs, including, but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter school's finances shall be conducted annually by an | ||
outside, independent contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer | ||
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the | ||
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school. | ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and its charter. A charter school is | ||
exempt from all other State laws and regulations in this Code | ||
governing public schools and local school board policies; | ||
however, a charter school is not exempt from the following: |
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants | ||
for employment; | ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of students; | ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act; | ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986 regarding indemnification of | ||
officers, directors, employees, and agents; | ||
(5) the Abused and Neglected Child Reporting Act; | ||
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act; | ||
(7) Section 10-17a of this Code regarding school | ||
report cards; | ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; |
(14) Sections 22-90 and 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; | ||
(17) the Seizure Smart School Act; | ||
(18) Section 2-3.64a-10 of this Code; | ||
(19) Sections 10-20.73 and 34-21.9 of this Code; | ||
(20) Section 10-22.25b of this Code; | ||
(21) Section 27-9.1a of this Code; | ||
(22) Section 27-9.1b of this Code; | ||
(23) Section 34-18.8 of this Code; | ||
(24) Article 26A of this Code; | ||
(25) Section 2-3.188 of this Code; | ||
(26) Section 22-85.5 of this Code; | ||
(27) subsections (d-10), (d-15), and (d-20) of Section | ||
10-20.56 of this Code; | ||
(28) Sections 10-20.83 and 34-18.78 of this Code; | ||
(29) Section 10-20.13 of this Code; | ||
(30) Section 28-19.2 of this Code; | ||
(31) Section 34-21.6 of this Code; and | ||
(32) Section 22-85.10 of this Code; | ||
(33) Section 2-3.196 of this Code; | ||
(34) Section 22-95 of this Code; | ||
(35) Section 34-18.62 of this Code; and | ||
(36) the Illinois Human Rights Act. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. |
(h) A charter school may negotiate and contract with a | ||
school district, the governing body of a State college or | ||
university or public community college, or any other public or | ||
for-profit or nonprofit private entity for: (i) the use of a | ||
school building and grounds or any other real property or | ||
facilities that the charter school desires to use or convert | ||
for use as a charter school site, (ii) the operation and | ||
maintenance thereof, and (iii) the provision of any service, | ||
activity, or undertaking that the charter school is required | ||
to perform in order to carry out the terms of its charter. | ||
Except as provided in subsection (i) of this Section, a school | ||
district may charge a charter school reasonable rent for the | ||
use of the district's buildings, grounds, and facilities. Any | ||
services for which a charter school contracts with a school | ||
district shall be provided by the district at cost. Any | ||
services for which a charter school contracts with a local | ||
school board or with the governing body of a State college or | ||
university or public community college shall be provided by | ||
the public entity at cost. | ||
(i) In no event shall a charter school that is established | ||
by converting an existing school or attendance center to | ||
charter school status be required to pay rent for space that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement, in school district facilities. However, all other | ||
costs for the operation and maintenance of school district | ||
facilities that are used by the charter school shall be |
subject to negotiation between the charter school and the | ||
local school board and shall be set forth in the charter. | ||
(j) A charter school may limit student enrollment by age | ||
or grade level. | ||
(k) If the charter school is authorized by the State | ||
Board, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | ||
8-31-23.) | ||
(105 ILCS 5/27A-6) | ||
Sec. 27A-6. Contract contents; applicability of laws and | ||
regulations. | ||
(a) A certified charter shall constitute a binding | ||
contract and agreement between the charter school and a local | ||
school board under the terms of which the local school board | ||
authorizes the governing body of the charter school to operate | ||
the charter school on the terms specified in the contract. | ||
(b) Notwithstanding any other provision of this Article, | ||
the certified charter may not waive or release the charter | ||
school from the State goals, standards, and assessments |
established pursuant to Section 2-3.64a-5 of this Code. The | ||
certified charter for a charter school operating in a city | ||
having a population exceeding 500,000 shall require the | ||
charter school to administer any other nationally recognized | ||
standardized tests to its students that the chartering entity | ||
administers to other students, and the results on such tests | ||
shall be included in the chartering entity's assessment | ||
reports. | ||
(c) Subject to the provisions of subsection (e), a | ||
material revision to a previously certified contract or a | ||
renewal shall be made with the approval of both the local | ||
school board and the governing body of the charter school. | ||
(c-5) The proposed contract shall include a provision on | ||
how both parties will address minor violations of the | ||
contract. | ||
(c-10) After August 4, 2023 ( the effective date of Public | ||
Act 103-416) this amendatory Act of the 103rd General | ||
Assembly , any renewal of a certified charter must include a | ||
union neutrality clause. | ||
(d) The proposed contract between the governing body of a | ||
proposed charter school and the local school board as | ||
described in Section 27A-7 must be submitted to and certified | ||
by the State Board before it can take effect. If the State | ||
Board recommends that the proposed contract be modified for | ||
consistency with this Article before it can be certified, the | ||
modifications must be consented to by both the governing body |
of the charter school and the local school board, and | ||
resubmitted to the State Board for its certification. If the | ||
proposed contract is resubmitted in a form that is not | ||
consistent with this Article, the State Board may refuse to | ||
certify the charter. | ||
The State Board shall assign a number to each submission | ||
or resubmission in chronological order of receipt, and shall | ||
determine whether the proposed contract is consistent with the | ||
provisions of this Article. If the proposed contract complies, | ||
the State Board shall so certify. | ||
(e) No renewal of a previously certified contract is | ||
effective unless and until the State Board certifies that the | ||
renewal is consistent with the provisions of this Article. A | ||
material revision to a previously certified contract may go | ||
into effect immediately upon approval of both the local school | ||
board and the governing body of the charter school, unless | ||
either party requests in writing that the State Board certify | ||
that the material revision is consistent with the provisions | ||
of this Article. If such a request is made, the proposed | ||
material revision is not effective unless and until the State | ||
Board so certifies. | ||
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; | ||
revised 9-5-23.) | ||
(105 ILCS 5/27A-7) | ||
Sec. 27A-7. Charter submission. |
(a) A proposal to establish a charter school shall be | ||
submitted to the local school board and the State Board for | ||
certification under Section 27A-6 of this Code in the form of a | ||
proposed contract entered into between the local school board | ||
and the governing body of a proposed charter school. The | ||
charter school proposal shall include: | ||
(1) The name of the proposed charter school, which | ||
must include the words "Charter School". | ||
(2) The age or grade range, areas of focus, minimum | ||
and maximum numbers of pupils to be enrolled in the | ||
charter school, and any other admission criteria that | ||
would be legal if used by a school district. | ||
(3) A description of and address for the physical | ||
plant in which the charter school will be located; | ||
provided that nothing in the Article shall be deemed to | ||
justify delaying or withholding favorable action on or | ||
approval of a charter school proposal because the building | ||
or buildings in which the charter school is to be located | ||
have not been acquired or rented at the time a charter | ||
school proposal is submitted or approved or a charter | ||
school contract is entered into or submitted for | ||
certification or certified, so long as the proposal or | ||
submission identifies and names at least 2 sites that are | ||
potentially available as a charter school facility by the | ||
time the charter school is to open. | ||
(4) The mission statement of the charter school, which |
must be consistent with the General Assembly's declared | ||
purposes; provided that nothing in this Article shall be | ||
construed to require that, in order to receive favorable | ||
consideration and approval, a charter school proposal | ||
demonstrate unequivocally that the charter school will be | ||
able to meet each of those declared purposes, it being the | ||
intention of the Charter Schools Law that those purposes | ||
be recognized as goals that charter schools must aspire to | ||
attain. | ||
(5) The goals, objectives, and pupil performance | ||
standards to be achieved by the charter school. | ||
(6) In the case of a proposal to establish a charter | ||
school by converting an existing public school or | ||
attendance center to charter school status, evidence that | ||
the proposed formation of the charter school has received | ||
the approval of certified teachers, parents and guardians, | ||
and, if applicable, a local school council as provided in | ||
subsection (b) of Section 27A-8. | ||
(7) A description of the charter school's educational | ||
program, pupil performance standards, curriculum, school | ||
year, school days, and hours of operation. | ||
(8) A description of the charter school's plan for | ||
evaluating pupil performance, the types of assessments | ||
that will be used to measure pupil progress toward towards | ||
achievement of the school's pupil performance standards, | ||
the timeline for achievement of those standards, and the |
procedures for taking corrective action in the event that | ||
pupil performance at the charter school falls below those | ||
standards. | ||
(9) Evidence that the terms of the charter as proposed | ||
are economically sound for both the charter school and the | ||
school district, a proposed budget for the term of the | ||
charter, a description of the manner in which an annual | ||
audit of the financial and administrative operations of | ||
the charter school, including any services provided by the | ||
school district, are to be conducted, and a plan for the | ||
displacement of pupils, teachers, and other employees who | ||
will not attend or be employed in the charter school. | ||
(10) A description of the governance and operation of | ||
the charter school, including the nature and extent of | ||
parental, professional educator, and community involvement | ||
in the governance and operation of the charter school. | ||
(11) An explanation of the relationship that will | ||
exist between the charter school and its employees, | ||
including evidence that the terms and conditions of | ||
employment have been addressed with affected employees and | ||
their recognized representative, if any. However, a | ||
bargaining unit of charter school employees shall be | ||
separate and distinct from any bargaining units formed | ||
from employees of a school district in which the charter | ||
school is located. | ||
(12) An agreement between the parties regarding their |
respective legal liability and applicable insurance | ||
coverage. | ||
(13) A description of how the charter school plans to | ||
meet the transportation needs of its pupils, and a plan | ||
for addressing the transportation needs of low-income and | ||
at-risk pupils. | ||
(14) The proposed effective date and term of the | ||
charter; provided that the first day of the first academic | ||
year shall be no earlier than August 15 and no later than | ||
September 15 of a calendar year, and the first day of the | ||
fiscal year shall be July 1. | ||
(14.5) Disclosure of any known active civil or | ||
criminal investigation by a local, state, or federal law | ||
enforcement agency into an organization submitting the | ||
charter school proposal or a criminal investigation by a | ||
local, state, or federal law enforcement agency into any | ||
member of the governing body of that organization. For the | ||
purposes of this subdivision (14.5), a known investigation | ||
means a request for an interview by a law enforcement | ||
agency, a subpoena, an arrest, or an indictment. Such | ||
disclosure is required for a period from the initial | ||
application submission through 10 business days prior to | ||
the authorizer's scheduled decision date. | ||
(14.7) A union neutrality clause. | ||
(15) Any other information reasonably required by the | ||
State Board. |
(b) A proposal to establish a charter school may be | ||
initiated by individuals or organizations that will have | ||
majority representation on the board of directors or other | ||
governing body of the corporation or other discrete legal | ||
entity that is to be established to operate the proposed | ||
charter school, by a board of education or an | ||
intergovernmental agreement between or among boards of | ||
education, or by the board of directors or other governing | ||
body of a discrete legal entity already existing or | ||
established to operate the proposed charter school. The | ||
individuals or organizations referred to in this subsection | ||
may be school teachers, school administrators, local school | ||
councils, colleges or universities or their faculty members, | ||
public community colleges or their instructors or other | ||
representatives, corporations, or other entities or their | ||
representatives. The proposal shall be submitted to the local | ||
school board for consideration and, if appropriate, for | ||
development of a proposed contract to be submitted to the | ||
State Board for certification under Section 27A-6. | ||
(c) The local school board may not without the consent of | ||
the governing body of the charter school condition its | ||
approval of a charter school proposal on acceptance of an | ||
agreement to operate under State laws and regulations and | ||
local school board policies from which the charter school is | ||
otherwise exempted under this Article. | ||
(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23; |
revised 9-6-23.) | ||
(105 ILCS 5/27A-11.5) | ||
Sec. 27A-11.5. State financing. The State Board shall make | ||
the following funds available to school districts and charter | ||
schools: | ||
(1) From a separate appropriation made to the State | ||
Board for purposes of this subdivision (1), the State | ||
Board shall make transition impact aid available to school | ||
districts that approve a new charter school. The amount of | ||
the aid shall equal 90% of the per capita funding paid to | ||
the charter school during the first year of its initial | ||
charter term, 65% of the per capita funding paid to the | ||
charter school during the second year of its initial term, | ||
and 35% of the per capita funding paid to the charter | ||
school during the third year of its initial term. This | ||
transition impact aid shall be paid to the local school | ||
board in equal quarterly installments, with the payment of | ||
the installment for the first quarter being made by August | ||
1st immediately preceding the first, second, and third | ||
years of the initial term. The district shall file an | ||
application for this aid with the State Board in a format | ||
designated by the State Board. If the appropriation is | ||
insufficient in any year to pay all approved claims, the | ||
impact aid shall be prorated. . If any funds remain after | ||
these claims have been paid, then the State Board may pay |
all other approved claims on a pro rata basis. Transition | ||
impact aid shall be paid for charter schools that are in | ||
the first, second, or third year of their initial term. | ||
Transition impact aid shall not be paid for any charter | ||
school that is proposed and created by one or more boards | ||
of education, as authorized under subsection (b) of | ||
Section 27A-7. | ||
(2) From a separate appropriation made for the purpose | ||
of this subdivision (2), the State Board shall make grants | ||
to charter schools to pay their start-up costs of | ||
acquiring educational materials and supplies, textbooks, | ||
electronic textbooks and the technological equipment | ||
necessary to gain access to and use electronic textbooks, | ||
furniture, and other equipment or materials needed during | ||
their initial term. The State Board shall annually | ||
establish the time and manner of application for these | ||
grants, which shall not exceed $250 per student enrolled | ||
in the charter school. | ||
(3) The Charter Schools Revolving Loan Fund is created | ||
as a special fund in the State treasury. Federal funds, | ||
such other funds as may be made available for costs | ||
associated with the establishment of charter schools in | ||
Illinois, and amounts repaid by charter schools that have | ||
received a loan from the Charter Schools Revolving Loan | ||
Fund shall be deposited into the Charter Schools Revolving | ||
Loan Fund, and the moneys in the Charter Schools Revolving |
Loan Fund shall be appropriated to the State Board and | ||
used to provide interest-free loans to charter schools. | ||
These funds shall be used to pay start-up costs of | ||
acquiring educational materials and supplies, textbooks, | ||
electronic textbooks and the technological equipment | ||
necessary to gain access to and use electronic textbooks, | ||
furniture, and other equipment or materials needed in the | ||
initial term of the charter school and for acquiring and | ||
remodeling a suitable physical plant, within the initial | ||
term of the charter school. Loans shall be limited to one | ||
loan per charter school and shall not exceed $750 per | ||
student enrolled in the charter school. A loan shall be | ||
repaid by the end of the initial term of the charter | ||
school. The State Board may deduct amounts necessary to | ||
repay the loan from funds due to the charter school or may | ||
require that the local school board that authorized the | ||
charter school deduct such amounts from funds due the | ||
charter school and remit these amounts to the State Board, | ||
provided that the local school board shall not be | ||
responsible for repayment of the loan. The State Board may | ||
use up to 3% of the appropriation to contract with a | ||
non-profit entity to administer the loan program. | ||
(4) A charter school may apply for and receive, | ||
subject to the same restrictions applicable to school | ||
districts, any grant administered by the State Board that | ||
is available for school districts. |
If a charter school fails to make payments toward | ||
administrative costs, the State Board may withhold State funds | ||
from that school until it has made all payments for those | ||
costs. | ||
(Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.) | ||
(105 ILCS 5/34-18.82) | ||
Sec. 34-18.82. Trauma kit; trauma response training. | ||
(a) In this Section, "trauma kit" means a first aid | ||
response kit that contains, at a minimum, all of the | ||
following: | ||
(1) One tourniquet endorsed by the Committee on | ||
Tactical Combat Casualty Care. | ||
(2) One compression bandage. | ||
(3) One hemostatic bleeding control dressing endorsed | ||
by the Committee on Tactical Combat Casualty Care. | ||
(4) Protective gloves and a marker. | ||
(5) Scissors. | ||
(6) Instructional documents developed by the Stop the | ||
Bleed national awareness campaign of the United States | ||
Department of Homeland Security or the American College of | ||
Surgeons' Committee on Trauma, or both. | ||
(7) Any other medical materials or equipment similar | ||
to those described in paragraphs (1) through (3) or any | ||
other items that (i) are approved by a local law | ||
enforcement agency or first responders, (ii) can |
adequately treat a traumatic injury, and (iii) can be | ||
stored in a readily available kit. | ||
(b) The school district may maintain an on-site trauma kit | ||
at each school for bleeding emergencies. | ||
(c) Products purchased for the trauma kit, including those | ||
products endorsed by the Committee on Tactical Combat Casualty | ||
Care, shall, whenever possible, be manufactured in the United | ||
States. | ||
(d) At least once every 2 years, the board shall conduct | ||
in-service training for all school district employees on the | ||
methods to respond to trauma. The training must include | ||
instruction on how to respond to an incident involving | ||
life-threatening bleeding and, if applicable, how to use a | ||
school's trauma kit. The board may satisfy the training | ||
requirements under this subsection by using the training, | ||
including online training, available from the American College | ||
of Surgeons or any other similar organization. | ||
School district employees who are trained to respond to | ||
trauma pursuant to this subsection (d) shall be immune from | ||
civil liability in the use of a trauma kit unless the action | ||
constitutes willful or wanton misconduct. | ||
(Source: P.A. 103-128, eff. 6-30-23.) | ||
(105 ILCS 5/34-18.83) | ||
Sec. 34-18.83 34-18.82 . Subsequent teaching endorsements | ||
for employees. |
(a) Subsequent teaching endorsements may be granted to | ||
employees licensed under Article 21B of this Code for specific | ||
content areas and grade levels as part of a pilot program. | ||
(b) The school district is authorized to prepare educators | ||
for subsequent teaching endorsements on licenses issued under | ||
paragraph (1) of Section 21B-20 of this Code to applicants who | ||
meet all of the requirements for the endorsement or | ||
endorsements, including passing any required content area | ||
knowledge tests. If seeking to provide subsequent | ||
endorsements, the school district must establish professional | ||
development sequences to be offered instead of coursework | ||
required for issuance of the subsequent endorsement and must | ||
apply for approval of these professional development sequences | ||
by the State Board of Education, in collaboration with the | ||
State Educator Preparation and Licensure Board. The | ||
professional development sequences under this Section shall | ||
include a comprehensive review of relevant State learning | ||
standards, the applicable State content-test framework, and, | ||
if applicable, relevant educator preparation standards. | ||
(c) The State Board of Education shall adopt any rules | ||
necessary to implement this Section no later than June 30, | ||
2024. | ||
(Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.) | ||
(105 ILCS 5/34-18.84) | ||
(This Section may contain text from a Public Act with a |
delayed effective date ) | ||
Sec. 34-18.84 34-18.82 . Community input on local | ||
assessments. | ||
(a) As used in this Section, "district-administered | ||
assessment" means an assessment that requires all student test | ||
takers at any grade level to answer the same questions, or a | ||
selection of questions from a common bank of questions, in the | ||
same manner or substantially the same questions in the same | ||
manner. The term does not include an observational assessment | ||
tool used to satisfy the requirements of Section 2-3.64a-10 of | ||
this Code or an assessment developed by district teachers or | ||
administrators that will be used to measure student progress | ||
at an attendance center within the school district. | ||
(b) Prior to approving a new contract for any | ||
district-administered assessment, the board must hold a public | ||
vote at a regular meeting of the board, at which the terms of | ||
the proposal must be substantially presented and an | ||
opportunity for allowing public comments must be provided, | ||
subject to applicable notice requirements. However, if the | ||
assessment being made available to review is subject to | ||
copyright, trademark, or other intellectual property | ||
protection, the review process shall include technical and | ||
procedural safeguards to ensure that the materials are not | ||
able to be widely disseminated to the general public in | ||
violation of the intellectual property rights of the publisher | ||
and to ensure content validity is not undermined. |
(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.) | ||
(105 ILCS 5/34-84) (from Ch. 122, par. 34-84) | ||
Sec. 34-84. Appointments and promotions of teachers. | ||
Appointments and promotions of teachers shall be made for | ||
merit only, and after satisfactory service for a probationary | ||
period of 3 years with respect to probationary employees | ||
employed as full-time teachers in the public school system of | ||
the district before January 1, 1998 or on or after July 1, 2023 | ||
and 4 years with respect to probationary employees who are | ||
first employed as full-time teachers in the public school | ||
system of the district on or after January 1, 1998 but before | ||
July 1, 2023, during which period the board may dismiss or | ||
discharge any such probationary employee upon the | ||
recommendation, accompanied by the written reasons therefor, | ||
of the general superintendent of schools and after which | ||
period appointments of teachers shall become permanent, | ||
subject to removal for cause in the manner provided by Section | ||
34-85. | ||
For a probationary-appointed teacher in full-time service | ||
who is appointed on or after July 1, 2013 and who receives | ||
ratings of "excellent" during his or her first 3 school terms | ||
of full-time service, the probationary period shall be 3 | ||
school terms of full-time service. For a | ||
probationary-appointed teacher in full-time service who is | ||
appointed on or after July 1, 2013 and who had previously |
entered into contractual continued service in another school | ||
district in this State or a program of a special education | ||
joint agreement in this State, as defined in Section 24-11 of | ||
this Code, the probationary period shall be 2 school terms of | ||
full-time service, provided that (i) the teacher voluntarily | ||
resigned or was honorably dismissed from the prior district or | ||
program within the 3-month period preceding his or her | ||
appointment date, (ii) the teacher's last 2 ratings in the | ||
prior district or program were at least "proficient" and were | ||
issued after the prior district's or program's PERA | ||
implementation date, as defined in Section 24-11 of this Code, | ||
and (iii) the teacher receives ratings of "excellent" during | ||
his or her first 2 school terms of full-time service. | ||
For a probationary-appointed teacher in full-time service | ||
who has not entered into contractual continued service after 2 | ||
or 3 school terms of full-time service as provided in this | ||
Section, the probationary period shall be 3 school terms of | ||
full-time service, provided that the teacher holds a | ||
Professional Educator License and receives a rating of at | ||
least "proficient" in the last school term and a rating of at | ||
least "proficient" in either the second or third school term. | ||
As used in this Section, "school term" means the school | ||
term established by the board pursuant to Section 10-19 of | ||
this Code, and "full-time service" means the teacher has | ||
actually worked at least 150 days during the school term. As | ||
used in this Article, "teachers" means and includes all |
members of the teaching force excluding the general | ||
superintendent and principals. | ||
There shall be no reduction in teachers because of a | ||
decrease in student membership or a change in subject | ||
requirements within the attendance center organization after | ||
the 20th day following the first day of the school year, except | ||
that: (1) this provision shall not apply to desegregation | ||
positions, special education positions, or any other positions | ||
funded by State or federal categorical funds, and (2) at | ||
attendance centers maintaining any of grades 9 through 12, | ||
there may be a second reduction in teachers on the first day of | ||
the second semester of the regular school term because of a | ||
decrease in student membership or a change in subject | ||
requirements within the attendance center organization. | ||
A teacher Teachers who is are due to be evaluated in the | ||
last year before the teacher is they are set to retire shall be | ||
offered the opportunity to waive the their evaluation and to | ||
retain the teacher's their most recent rating, unless the | ||
teacher was last rated as "needs improvement" or | ||
"unsatisfactory". The school district may still reserve the | ||
right to evaluate a teacher provided the district gives notice | ||
to the teacher at least 14 days before the evaluation and a | ||
reason for evaluating the teacher. | ||
The school principal shall make the decision in selecting | ||
teachers to fill new and vacant positions consistent with | ||
Section 34-8.1. |
(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23; | ||
revised 9-6-23.) | ||
Section 280. The Asbestos Abatement Act is amended by | ||
changing Section 10a as follows: | ||
(105 ILCS 105/10a) (from Ch. 122, par. 1410a) | ||
Sec. 10a. Licensing. No inspector, management planner, | ||
project designer, project manager, air sampling professional, | ||
asbestos abatement contractor, worker or project supervisor | ||
may be employed as a response action contractor unless that | ||
individual or entity is licensed by the Department. Those | ||
individuals and entities wishing to be licensed shall make | ||
application on forms prescribed and furnished by the | ||
Department. A license shall expire annually according to a | ||
schedule determined by the Department. Applications for | ||
renewal of licenses shall be filed with the Department at | ||
least 30 days before the expiration date. When a licensure | ||
examination is required, the application for licensure shall | ||
be submitted to the Department at least 30 days prior to the | ||
date of the scheduled examination. The Department shall | ||
evaluate each application based on its minimum standards for | ||
licensure, promulgated as rules, and render a decision. Such | ||
standards may include a requirement for the successful | ||
completion of a course of training approved by the Department. | ||
If the Department denies the application, the applicant may |
appeal such decision pursuant to the provisions of the | ||
" Administrative Review Law " . | ||
The Department, upon notification by the Illinois Workers' | ||
Compensation Commission or the Department of Insurance, shall | ||
refuse the issuance or renewal of a license to, or suspend or | ||
revoke the license of, any individual, corporation, | ||
partnership, or other business entity that has been found by | ||
the Illinois Workers' Compensation Commission or the | ||
Department of Insurance to have failed: | ||
(a) to secure workers' compensation obligations in the | ||
manner required by subsections (a) and (b) of Section 4 of | ||
the Workers' Compensation Act; | ||
(b) to pay in full a fine or penalty imposed by the | ||
Illinois Workers' Compensation Commission or the | ||
Department of Insurance due to a failure to secure | ||
workers' compensation obligations in the manner required | ||
by subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act; or | ||
(c) to fulfill all obligations assumed pursuant to any | ||
settlement reached with the Illinois Workers' Compensation | ||
Commission or the Department of Insurance due to a failure | ||
to secure workers' compensation obligations in the manner | ||
required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act. | ||
A complaint filed with the Department by the Illinois | ||
Workers' Compensation Commission or the Department of |
Insurance that includes a certification, signed by its | ||
Director or Chairman, or the Director or Chairman's designee, | ||
attesting to a finding of the failure to secure workers' | ||
compensation obligations in the manner required by subsections | ||
(a) and (b) of Section 4 of the Workers' Compensation Act or | ||
the failure to pay any fines or penalties or to discharge any | ||
obligation under a settlement relating to the failure to | ||
secure workers' compensation obligations in the manner | ||
required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act is prima facie evidence of the | ||
licensee's or applicant's failure to comply with subsections | ||
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon | ||
receipt of that certification, the Department shall, without a | ||
hearing, immediately suspend all licenses held by the licensee | ||
or the processing of any application from the applicant. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order to the | ||
licensee's or applicant's address of record or emailing a copy | ||
of the order to the licensee's or applicant's email address of | ||
record. The notice shall advise the licensee or applicant that | ||
the suspension shall be effective 60 days after the issuance | ||
of the order unless the Department receives, from the licensee | ||
or applicant, a request for a hearing before the Department to | ||
dispute the matters contained in the order. | ||
Upon receiving notice from the Illinois Workers' |
Compensation Commission or the Department of Insurance that | ||
the violation has been corrected or otherwise resolved, the | ||
Department shall vacate the order suspending a licensee's | ||
license or the processing of an applicant's application. | ||
No license shall be suspended or revoked until after the | ||
licensee is afforded any due process protection guaranteed by | ||
statute or rule adopted by the Illinois Workers' Compensation | ||
Commission or the Department of Insurance. | ||
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.) | ||
Section 285. The Critical Health Problems and | ||
Comprehensive Health Education Act is amended by changing | ||
Section 3 as follows: | ||
(105 ILCS 110/3) | ||
Sec. 3. Comprehensive Health Education Program. The | ||
program established under this Act shall include, but not be | ||
limited to, the following major educational areas as a basis | ||
for curricula in all elementary and secondary schools in this | ||
State: human ecology and health; human growth and development; | ||
the emotional, psychological, physiological, hygienic, and | ||
social responsibilities of family life, including sexual | ||
abstinence until marriage; the prevention and control of | ||
disease, including instruction in grades 6 through 12 on the | ||
prevention, transmission, and spread of AIDS; age-appropriate | ||
sexual abuse and assault awareness and prevention education in |
grades pre-kindergarten through 12; public and environmental | ||
health; consumer health; safety education and disaster | ||
survival; mental health and illness; personal health habits; | ||
alcohol and drug use and abuse, including the medical and | ||
legal ramifications of alcohol, drug, and tobacco use; abuse | ||
during pregnancy; evidence-based and medically accurate | ||
information regarding sexual abstinence; tobacco and | ||
e-cigarettes and other vapor devices; nutrition; and dental | ||
health. The instruction on mental health and illness must | ||
evaluate the multiple dimensions of health by reviewing the | ||
relationship between physical and mental health so as to | ||
enhance student understanding, attitudes, and behaviors that | ||
promote health, well-being, and human dignity and must include | ||
how and where to find mental health resources and specialized | ||
treatment in the State. The program shall also provide course | ||
material and instruction to advise pupils of the Abandoned | ||
Newborn Infant Protection Act. The program shall include | ||
information about cancer, including, without limitation, types | ||
of cancer, signs and symptoms, risk factors, the importance of | ||
early prevention and detection, and information on where to go | ||
for help. Notwithstanding the above educational areas, the | ||
following areas may also be included as a basis for curricula | ||
in all elementary and secondary schools in this State: basic | ||
first aid (including, but not limited to, cardiopulmonary | ||
resuscitation and the Heimlich maneuver), heart disease, | ||
diabetes, stroke, the prevention of child abuse, neglect, and |
suicide, and teen dating violence in grades 7 through 12. | ||
Beginning with the 2014-2015 school year, training on how to | ||
properly administer cardiopulmonary resuscitation (which | ||
training must be in accordance with standards of the American | ||
Red Cross, the American Heart Association, or another | ||
nationally recognized certifying organization) and how to use | ||
an automated external defibrillator shall be included as a | ||
basis for curricula in all secondary schools in this State. | ||
Beginning with the 2024-2025 school year in grades 9 | ||
through 12, the program shall include instruction, study, and | ||
discussion on the dangers of allergies. Information for the | ||
instruction, study, and discussion shall come from information | ||
provided by the Department of Public Health and the federal | ||
Centers for Disease Control and Prevention. This instruction, | ||
study, and discussion shall include, at a minimum: | ||
(1) recognizing the signs and symptoms of an allergic | ||
reaction, including anaphylaxis; | ||
(2) the steps to take to prevent exposure to | ||
allergens; and | ||
(3) safe emergency epinephrine administration. | ||
The school board of each public elementary and secondary | ||
school in the State shall encourage all teachers and other | ||
school personnel to acquire, develop, and maintain the | ||
knowledge and skills necessary to properly administer | ||
life-saving techniques, including, without limitation, the | ||
Heimlich maneuver and rescue breathing. The training shall be |
in accordance with standards of the American Red Cross, the | ||
American Heart Association, or another nationally recognized | ||
certifying organization. A school board may use the services | ||
of non-governmental entities whose personnel have expertise in | ||
life-saving techniques to instruct teachers and other school | ||
personnel in these techniques. Each school board is encouraged | ||
to have in its employ, or on its volunteer staff, at least one | ||
person who is certified, by the American Red Cross or by | ||
another qualified certifying agency, as qualified to | ||
administer first aid and cardiopulmonary resuscitation. In | ||
addition, each school board is authorized to allocate | ||
appropriate portions of its institute or inservice days to | ||
conduct training programs for teachers and other school | ||
personnel who have expressed an interest in becoming qualified | ||
to administer emergency first aid or cardiopulmonary | ||
resuscitation. School boards are urged to encourage their | ||
teachers and other school personnel who coach school athletic | ||
programs and other extracurricular school activities to | ||
acquire, develop, and maintain the knowledge and skills | ||
necessary to properly administer first aid and cardiopulmonary | ||
resuscitation in accordance with standards and requirements | ||
established by the American Red Cross or another qualified | ||
certifying agency. Subject to appropriation, the State Board | ||
of Education shall establish and administer a matching grant | ||
program to pay for half of the cost that a school district | ||
incurs in training those teachers and other school personnel |
who express an interest in becoming qualified to administer | ||
cardiopulmonary resuscitation (which training must be in | ||
accordance with standards of the American Red Cross, the | ||
American Heart Association, or another nationally recognized | ||
certifying organization) or in learning how to use an | ||
automated external defibrillator. A school district that | ||
applies for a grant must demonstrate that it has funds to pay | ||
half of the cost of the training for which matching grant money | ||
is sought. The State Board of Education shall award the grants | ||
on a first-come, first-serve basis. | ||
No pupil shall be required to take or participate in any | ||
class or course on AIDS or family life instruction or to | ||
receive training on how to properly administer cardiopulmonary | ||
resuscitation or how to use an automated external | ||
defibrillator if his or her parent or guardian submits written | ||
objection thereto, and refusal to take or participate in the | ||
course or program or the training shall not be reason for | ||
suspension or expulsion of the pupil. | ||
Curricula developed under programs established in | ||
accordance with this Act in the major educational area of | ||
alcohol and drug use and abuse shall include classroom | ||
instruction in grades 5 through 12. The instruction, which | ||
shall include matters relating to both the physical and legal | ||
effects and ramifications of drug and substance abuse, shall | ||
be integrated into existing curricula; and the State Board of | ||
Education shall develop and make available to all elementary |
and secondary schools in this State instructional materials | ||
and guidelines which will assist the schools in incorporating | ||
the instruction into their existing curricula. In addition, | ||
school districts may offer, as part of existing curricula | ||
during the school day or as part of an after-school after | ||
school program, support services and instruction for pupils or | ||
pupils whose parent, parents, or guardians are chemically | ||
dependent. Curricula developed under programs established in | ||
accordance with this Act in the major educational area of | ||
alcohol and drug use and abuse shall include the instruction, | ||
study, and discussion required under subsection (c) of Section | ||
27-13.2 of the School Code. | ||
(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. | ||
1-1-24; revised 12-12-23.) | ||
Section 290. The School Safety Drill Act is amended by | ||
setting forth, renumbering, and changing multiple versions of | ||
Section 50 as follows: | ||
(105 ILCS 128/50) | ||
Sec. 50. Crisis response mapping data grants. | ||
(a) Subject to appropriation, a public school district, a | ||
charter school, a special education cooperative or district, | ||
an education for employment system, a State-approved area | ||
career center, a public university laboratory school, the |
Illinois Mathematics and Science Academy, the Department of | ||
Juvenile Justice School District, a regional office of | ||
education, the Illinois School for the Deaf, the Illinois | ||
School for the Visually Impaired, the Philip J. Rock Center | ||
and School, an early childhood or preschool program supported | ||
by the Early Childhood Block Grant, or any other public school | ||
entity designated by the State Board of Education by rule, may | ||
apply to the State Board of Education or the State Board of | ||
Education or the State Board's designee for a grant to obtain | ||
crisis response mapping data and to provide copies of the | ||
crisis response mapping data to appropriate local, county, | ||
State, and federal first responders for use in response to | ||
emergencies. The crisis response mapping data shall be stored | ||
and provided in an electronic or digital format to assist | ||
first responders in responding to emergencies at the school. | ||
(b) Subject to appropriation, including funding for any | ||
administrative costs reasonably incurred by the State Board of | ||
Education or the State Board's designee in the administration | ||
of the grant program described by this Section, the State | ||
Board shall provide grants to any entity in subsection (a) | ||
upon approval of an application submitted by the entity to | ||
cover the costs incurred in obtaining crisis response mapping | ||
data under this Section. The grant application must include | ||
crisis response mapping data for all schools under the | ||
jurisdiction of the entity submitting the application, | ||
including, in the case of a public school district, any |
charter schools authorized by the school board for the school | ||
district. | ||
(c) To be eligible for a grant under this Section, the | ||
crisis response mapping data must, at a minimum: | ||
(1) be compatible and integrate into security software | ||
platforms in use by the specific school for which the data | ||
is provided without requiring local law enforcement | ||
agencies or the school district to purchase additional | ||
software or requiring the integration of third-party | ||
software to view the data; | ||
(2) be compatible with security software platforms in | ||
use by the specific school for which the data is provided | ||
without requiring local public safety agencies or the | ||
school district to purchase additional software or | ||
requiring the integration of third-party software to view | ||
the data; | ||
(3) be capable of being provided in a printable | ||
format; | ||
(4) be verified for accuracy by an on-site | ||
walk-through of the school building and grounds; | ||
(5) be oriented to true north; | ||
(6) be overlaid on current aerial imagery or plans of | ||
the school building; | ||
(7) contain site-specific labeling that matches the | ||
structure of the school building, including room labels, | ||
hallway names, and external door or stairwell numbers and |
the location of hazards, critical utilities, key boxes, | ||
automated external defibrillators, and trauma kits, and | ||
that matches the school grounds, including parking areas, | ||
athletic fields, surrounding roads, and neighboring | ||
properties; and | ||
(8) be overlaid with gridded x/y coordinates. | ||
(d) Subject to appropriation, the crisis response mapping | ||
data may be reviewed annually to update the data as necessary. | ||
(e) Crisis response mapping data obtained pursuant to this | ||
Section are confidential and exempt from disclosure under the | ||
Freedom of Information Act. | ||
(f) The State Board may adopt rules to implement the | ||
provisions of this Section. | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.) | ||
(105 ILCS 128/55) | ||
Sec. 55 50 . Rapid entry. A school building's emergency and | ||
crisis response plan, protocol, and procedures shall include a | ||
plan for local law enforcement to rapidly enter a school | ||
building in the event of an emergency. | ||
(Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.) | ||
Section 295. The University of Illinois Act is amended by | ||
changing Section 115 as follows: | ||
(110 ILCS 305/115) |
(Section scheduled to be repealed on January 1, 2025) | ||
Sec. 115. Water rates report. | ||
(a) Subject to appropriation, no later than June 30, 2023, | ||
the Government Finance Research Center at the University of | ||
Illinois at Chicago, in coordination with an intergovernmental | ||
advisory committee, must issue a report evaluating the setting | ||
of water rates throughout the Lake Michigan service area of | ||
northeastern Illinois and, no later than December 31, 2024, | ||
for the remainder of Illinois. The report must provide | ||
recommendations for policy and regulatory needs at the State | ||
and local level based on its findings. The report shall, at a | ||
minimum, address all of the following areas: | ||
(1) The components of a water bill. | ||
(2) Reasons for increases in water rates. | ||
(3) The definition of affordability throughout the | ||
State and any variances to that definition. | ||
(4) Evidence of rate-setting that utilizes | ||
inappropriate practices. | ||
(5) The extent to which State or local policies drive | ||
cost increases or variations in rate-settings. | ||
(6) Challenges within economically disadvantaged | ||
communities in setting water rates. | ||
(7) Opportunities for increased intergovernmental | ||
coordination for setting equitable water rates. | ||
(b) In developing the report under this Section, the | ||
Government Finance Research Center shall form an advisory |
committee, which shall be composed of all of the following | ||
members: | ||
(1) The Director of the Environmental Protection | ||
Agency, or his or her designee. | ||
(2) The Director of Natural Resources, or his or her | ||
designee. | ||
(3) The Director of Commerce and Economic Opportunity, | ||
or his or her designee. | ||
(4) The Attorney General, or his or her designee. | ||
(5) At least 2 members who are representatives of | ||
private water utilities operating in Illinois, appointed | ||
by the Director of the Government Finance Research Center. | ||
(6) At least 4 members who are representatives of | ||
municipal water utilities, appointed by the Director of | ||
the Government Finance Research Center. | ||
(7) One member who is a representative of an | ||
environmental justice advocacy organization, appointed by | ||
the Director of the Government Finance Research Center. | ||
(8) One member who is a representative of a consumer | ||
advocacy organization, appointed by the Director of the | ||
Government Finance Research Center. | ||
(9) One member who is a representative of an | ||
environmental planning organization that serves | ||
northeastern Illinois, appointed by the Director of the | ||
Government Finance Research Center. | ||
(10) The Director of the Illinois State Water Survey, |
or his or her designee. | ||
(11) The Chairperson of the Illinois Commerce | ||
Commission, or his or her designee. | ||
(c) After all members are appointed, the committee shall | ||
hold its first meeting at the call of the Director of the | ||
Government Finance Research Center, at which meeting the | ||
members shall select a chairperson from among themselves. | ||
After its first meeting, the committee shall meet at the call | ||
of the chairperson. Members of the committee shall serve | ||
without compensation but may be reimbursed for their | ||
reasonable and necessary expenses incurred in performing their | ||
duties. The Government Finance Research Center shall provide | ||
administrative and other support to the committee. | ||
(d) (Blank . ) . | ||
(e) This Section is repealed on January 1, 2025. | ||
(Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
103-4, eff. 5-31-23; revised 9-20-23.) | ||
Section 300. The University of Illinois Hospital Act is | ||
amended by setting forth, renumbering, and changing multiple | ||
versions of Section 8h as follows: | ||
(110 ILCS 330/8h) | ||
Sec. 8h. Maternal milk donation education. | ||
(a) To ensure an adequate supply of pasteurized donor | ||
human milk for premature infants in Illinois, the University |
of Illinois Hospital shall provide information and | ||
instructional materials to parents of each newborn, upon | ||
discharge from the University of Illinois Hospital, regarding | ||
the option to voluntarily donate milk to nonprofit non-profit | ||
milk banks that are accredited by the Human Milk Banking | ||
Association of North America or its successor organization. | ||
The materials shall be provided free of charge and shall | ||
include general information regarding nonprofit non-profit | ||
milk banking practices and contact information for area | ||
nonprofit milk banks that are accredited by the Human Milk | ||
Banking Association of North America. | ||
(b) The information and instructional materials described | ||
in subsection (a) may be provided electronically. | ||
(c) Nothing in this Section prohibits the University of | ||
Illinois Hospital from obtaining free and suitable information | ||
on voluntary milk donation from the Human Milk Banking | ||
Association of North America, or its successor organization, | ||
or their accredited members. | ||
(Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.) | ||
(110 ILCS 330/8i) | ||
Sec. 8i 8h . Emergency room treatment; delay of treatment | ||
prohibition. Notwithstanding any provision of law to the | ||
contrary, the University of Illinois Hospital, in accordance | ||
with Section 1395dd(a) and 1395dd(b) of the Social Security | ||
Act, shall not delay provisions of a required appropriate |
medical screening examination or further medical examination | ||
and treatment for a patient in a University of Illinois | ||
Hospital emergency room in order to inquire about the | ||
individual's method of payment or insurance status. | ||
(Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.) | ||
Section 305. The Underserved Health Care Provider | ||
Workforce Act is amended by changing Section 3.09 as follows: | ||
(110 ILCS 935/3.09) | ||
Sec. 3.09. Eligible health care provider. "Eligible health | ||
care provider" means a primary care physician, general | ||
surgeon, emergency medicine physician, obstetrician, | ||
chiropractic physician, anesthesiologist, advanced practice | ||
registered nurse, or physician assistant who accepts Medicaid, | ||
Medicare, the State's Children's Health Insurance Program, | ||
private insurance, and self-pay. | ||
(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24; | ||
103-507, eff. 1-1-24; revised 9-5-23.) | ||
Section 310. The Higher Education Student Assistance Act | ||
is amended by changing Sections 65.100 and 67 as follows: | ||
(110 ILCS 947/65.100) | ||
Sec. 65.100. AIM HIGH Grant Program. | ||
(a) The General Assembly makes all of the following |
findings: | ||
(1) Both access and affordability are important | ||
aspects of the Illinois Public Agenda for College and | ||
Career Success report. | ||
(2) This State is in the top quartile with respect to | ||
the percentage of family income needed to pay for college. | ||
(3) Research suggests that as loan amounts increase, | ||
rather than an increase in grant amounts, the probability | ||
of college attendance decreases. | ||
(4) There is further research indicating that | ||
socioeconomic status may affect the willingness of | ||
students to use loans to attend college. | ||
(5) Strategic use of tuition discounting can decrease | ||
the amount of loans that students must use to pay for | ||
tuition. | ||
(6) A modest, individually tailored tuition discount | ||
can make the difference in a student choosing to attend | ||
college and enhance college access for low-income and | ||
middle-income families. | ||
(7) Even if the federally calculated financial need | ||
for college attendance is met, the federally determined | ||
Expected Family Contribution can still be a daunting | ||
amount. | ||
(8) This State is the second largest exporter of | ||
students in the country. | ||
(9) When talented Illinois students attend |
universities in this State, the State and those | ||
universities benefit. | ||
(10) State universities in other states have adopted | ||
pricing and incentives that allow many Illinois residents | ||
to pay less to attend an out-of-state university than to | ||
remain in this State for college. | ||
(11) Supporting Illinois student attendance at | ||
Illinois public universities can assist in State efforts | ||
to maintain and educate a highly trained workforce. | ||
(12) Modest tuition discounts that are individually | ||
targeted and tailored can result in enhanced revenue for | ||
public universities. | ||
(13) By increasing a public university's capacity to | ||
strategically use tuition discounting, the public | ||
university will be capable of creating enhanced tuition | ||
revenue by increasing enrollment yields. | ||
(b) In this Section: | ||
"Eligible applicant" means a student from any high school | ||
in this State, whether or not recognized by the State Board of | ||
Education, who is engaged in a program of study that in due | ||
course will be completed by the end of the school year and who | ||
meets all of the qualifications and requirements under this | ||
Section. | ||
"Tuition and other necessary fees" includes the customary | ||
charge for instruction and use of facilities in general and | ||
the additional fixed fees charged for specified purposes that |
are required generally of non-grant recipients for each | ||
academic period for which the grant applicant actually | ||
enrolls, but does not include fees payable only once or | ||
breakage fees and other contingent deposits that are | ||
refundable in whole or in part. The Commission may adopt, by | ||
rule not inconsistent with this Section, detailed provisions | ||
concerning the computation of tuition and other necessary | ||
fees. | ||
(c) Beginning with the 2019-2020 academic year, each | ||
public university may establish a merit-based scholarship | ||
program known as the AIM HIGH Grant Program. Each year, the | ||
Commission shall receive and consider applications from public | ||
universities under this Section. Each participating public | ||
university shall indicate that grants under the program come | ||
from AIM HIGH and shall use the words "AIM HIGH" in the name of | ||
any grant under the program and in any published or posted | ||
materials about the program. Subject to appropriation and any | ||
tuition waiver limitation established by the Board of Higher | ||
Education, a public university campus may award a grant to a | ||
student under this Section if it finds that the applicant | ||
meets all of the following criteria: | ||
(1) He or she is a resident of this State and a citizen | ||
or eligible noncitizen of the United States. | ||
(2) He or she files a Free Application for Federal | ||
Student Aid and demonstrates financial need with a | ||
household income no greater than 8 times the poverty |
guidelines updated periodically in the Federal Register by | ||
the U.S. Department of Health and Human Services under the | ||
authority of 42 U.S.C. 9902(2). The household income of | ||
the applicant at the time of initial application shall be | ||
deemed to be the household income of the applicant for the | ||
duration of the program. | ||
(3) He or she meets the minimum cumulative grade point | ||
average or ACT or SAT college admissions test score, as | ||
determined by the public university campus. | ||
(4) He or she is enrolled in a public university as an | ||
undergraduate student on a full-time basis. | ||
(5) He or she has not yet received a baccalaureate | ||
degree or the equivalent of 135 semester credit hours. | ||
(6) He or she is not incarcerated. | ||
(7) He or she is not in default on any student loan or | ||
does not owe a refund or repayment on any State or federal | ||
grant or scholarship. | ||
(8) Any other reasonable criteria, as determined by | ||
the public university campus. | ||
Each public university campus shall allow qualified | ||
full-time undergraduate students to apply for a grant , but may | ||
choose to allow qualified part-time undergraduate students who | ||
are enrolling in their final semester at the public university | ||
campus to also apply. | ||
(d) Each public university campus shall determine grant | ||
renewal criteria consistent with the requirements under this |
Section. | ||
(e) Each participating public university campus shall post | ||
on its Internet website criteria and eligibility requirements | ||
for receiving awards that use funds under this Section that | ||
include a range in the sizes of these individual awards. The | ||
criteria and amounts must also be reported to the Commission | ||
and the Board of Higher Education, who shall post the | ||
information on their respective Internet websites. | ||
(f) After enactment of an appropriation for this Program, | ||
the Commission shall determine an allocation of funds to each | ||
public university in an amount proportionate to the number of | ||
undergraduate students who are residents of this State and | ||
citizens or eligible noncitizens of the United States and who | ||
were enrolled at each public university campus in the previous | ||
academic year. All applications must be made to the Commission | ||
on or before a date determined by the Commission and on forms | ||
that the Commission shall provide to each public university | ||
campus. The form of the application and the information | ||
required shall be determined by the Commission and shall | ||
include, without limitation, the total public university | ||
campus funds used to match funds received from the Commission | ||
in the previous academic year under this Section, if any, the | ||
total enrollment of undergraduate students who are residents | ||
of this State from the previous academic year, and any | ||
supporting documents as the Commission deems necessary. Each | ||
public university campus shall match the amount of funds |
received by the Commission with financial aid for eligible | ||
students. | ||
A public university in which an average of at least 49% of | ||
the students seeking a bachelor's degree or certificate | ||
received a Pell Grant over the prior 3 academic years, as | ||
reported to the Commission, shall match 35% of the amount of | ||
funds awarded in a given academic year with non-loan financial | ||
aid for eligible students. A public university in which an | ||
average of less than 49% of the students seeking a bachelor's | ||
degree or certificate received a Pell Grant over the prior 3 | ||
academic years, as reported to the Commission, shall match 70% | ||
of the amount of funds awarded in a given academic year with | ||
non-loan financial aid for eligible students. | ||
A public university campus is not required to claim its | ||
entire allocation. The Commission shall make available to all | ||
public universities, on a date determined by the Commission, | ||
any unclaimed funds and the funds must be made available to | ||
those public university campuses in the proportion determined | ||
under this subsection (f), excluding from the calculation | ||
those public university campuses not claiming their full | ||
allocations. | ||
Each public university campus may determine the award | ||
amounts for eligible students on an individual or broad basis, | ||
but, subject to renewal eligibility, each renewed award may | ||
not be less than the amount awarded to the eligible student in | ||
his or her first year attending the public university campus. |
Notwithstanding this limitation, a renewal grant may be | ||
reduced due to changes in the student's cost of attendance, | ||
including, but not limited to, if a student reduces the number | ||
of credit hours in which he or she is enrolled, but remains a | ||
full-time student, or switches to a course of study with a | ||
lower tuition rate. | ||
An eligible applicant awarded grant assistance under this | ||
Section is eligible to receive other financial aid. Total | ||
grant aid to the student from all sources may not exceed the | ||
total cost of attendance at the public university campus. | ||
(g) All money allocated to a public university campus | ||
under this Section may be used only for financial aid purposes | ||
for students attending the public university campus during the | ||
academic year, not including summer terms. Notwithstanding any | ||
other provision of law to the contrary, any funds received by a | ||
public university campus under this Section that are not | ||
granted to students in the academic year for which the funds | ||
are received may be retained by the public university campus | ||
for expenditure on students participating in the Program or | ||
students eligible to participate in the Program. | ||
(h) Each public university campus that establishes a | ||
Program under this Section must annually report to the | ||
Commission, on or before a date determined by the Commission, | ||
the number of undergraduate students enrolled at that campus | ||
who are residents of this State. | ||
(i) Each public university campus must report to the |
Commission the total non-loan financial aid amount given by | ||
the public university campus to undergraduate students in the | ||
2017-2018 academic year or the 2021-2022 academic year, not | ||
including the summer terms. To be eligible to receive funds | ||
under the Program, a public university campus may not decrease | ||
the total amount of non-loan financial aid it gives to | ||
undergraduate students, not including any funds received from | ||
the Commission under this Section or any funds used to match | ||
grant awards under this Section, to an amount lower than the | ||
amount reported under this subsection (i) for the 2017-2018 | ||
academic year or the 2021-2022 academic year, whichever is | ||
less, not including the summer terms. | ||
(j) On or before a date determined by the Commission, each | ||
public university campus that participates in the Program | ||
under this Section shall annually submit a report to the | ||
Commission with all of the following information: | ||
(1) The Program's impact on tuition revenue and | ||
enrollment goals and increase in access and affordability | ||
at the public university campus. | ||
(2) Total funds received by the public university | ||
campus under the Program. | ||
(3) Total non-loan financial aid awarded to | ||
undergraduate students attending the public university | ||
campus. | ||
(4) Total amount of funds matched by the public | ||
university campus. |
(5) Total amount of claimed and unexpended funds | ||
retained by the public university campus. | ||
(6) The percentage of total financial aid distributed | ||
under the Program by the public university campus. | ||
(7) The total number of students receiving grants from | ||
the public university campus under the Program and those | ||
students' grade level, race, gender, income level, family | ||
size, Monetary Award Program eligibility, Pell Grant | ||
eligibility, and zip code of residence and the amount of | ||
each grant award. This information shall include unit | ||
record data on those students regarding variables | ||
associated with the parameters of the public university's | ||
Program, including, but not limited to, a student's ACT or | ||
SAT college admissions test score, high school or | ||
university cumulative grade point average, or program of | ||
study. | ||
On or before October 1, 2020 and annually on or before | ||
October 1 through 2024, the Commission shall submit a report | ||
with the findings under this subsection (j) and any other | ||
information regarding the AIM HIGH Grant Program to (i) the | ||
Governor, (ii) the Speaker of the House of Representatives, | ||
(iii) the Minority Leader of the House of Representatives, | ||
(iv) the President of the Senate, and (v) the Minority Leader | ||
of the Senate. The reports to the General Assembly shall be | ||
filed with the Clerk of the House of Representatives and the | ||
Secretary of the Senate in electronic form only, in the manner |
that the Clerk and the Secretary shall direct. The | ||
Commission's report may not disaggregate data to a level that | ||
may disclose personally identifying information of individual | ||
students. | ||
The sharing and reporting of student data under this | ||
subsection (j) must be in accordance with the requirements | ||
under the federal Family Educational Rights and Privacy Act of | ||
1974 and the Illinois School Student Records Act. All parties | ||
must preserve the confidentiality of the information as | ||
required by law. The names of the grant recipients under this | ||
Section are not subject to disclosure under the Freedom of | ||
Information Act. | ||
Public university campuses that fail to submit a report | ||
under this subsection (j) or that fail to adhere to any other | ||
requirements under this Section may not be eligible for | ||
distribution of funds under the Program for the next academic | ||
year, but may be eligible for distribution of funds for each | ||
academic year thereafter. | ||
(k) The Commission shall adopt rules to implement this | ||
Section. | ||
(l) (Blank). | ||
(Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23; | ||
revised 9-6-23.) | ||
(110 ILCS 947/67) | ||
Sec. 67. Illinois DREAM Fund Commission. |
(a) The Illinois Student Assistance Commission shall | ||
establish an Illinois DREAM Fund Commission. The Governor | ||
shall appoint, with the advice and consent of the Senate, | ||
members to the Illinois DREAM Fund Commission, which shall be | ||
comprised of 9 members representing the geographic and ethnic | ||
diversity of this State, including students, college and | ||
university administrators and faculty, and other individuals | ||
committed to advancing the educational opportunities of the | ||
children of immigrants. | ||
(b) The Illinois DREAM Fund Commission is charged with all | ||
of the following responsibilities: | ||
(1) Administering this Section and raising funds for | ||
the Illinois DREAM Fund. | ||
(2) Establishing a not-for-profit entity charged with | ||
raising funds for the administration of this Section, any | ||
educational or training programs the Commission is tasked | ||
with administering, and funding scholarships to students | ||
who are the children of immigrants to the United States. | ||
(3) Publicizing the availability of scholarships from | ||
the Illinois DREAM Fund. | ||
(4) Selecting the recipients of scholarships funded | ||
through the Illinois DREAM Fund. | ||
(5) Researching issues pertaining to the availability | ||
of assistance with the costs of higher education for the | ||
children of immigrants and other issues regarding access | ||
for and the performance of the children of immigrants |
within higher education. | ||
(6) Overseeing implementation of the other provisions | ||
of Public Act 97-233 this amendatory Act of the 97th | ||
General Assembly . | ||
(7) Establishing and administering training programs | ||
for high school counselors and counselors, admissions | ||
officers, and financial aid officers of public | ||
institutions of higher education. The training programs | ||
shall instruct participants on the educational | ||
opportunities available to college-bound students who are | ||
the children of immigrants, including, but not limited to, | ||
in-state tuition and scholarship programs. The Illinois | ||
DREAM Fund Commission may also establish a public | ||
awareness campaign regarding educational opportunities | ||
available to college bound students who are the children | ||
of immigrants. | ||
The Illinois DREAM Fund Commission shall establish, by | ||
rule, procedures for accepting and evaluating applications for | ||
scholarships from the children of immigrants and issuing | ||
scholarships to selected student applicants. | ||
(c) To receive a scholarship under this Section, a student | ||
must meet all of the following qualifications: | ||
(1) Have resided with his or her parents or guardian | ||
while attending a public or private high school in this | ||
State. | ||
(2) Have graduated from a public or private high |
school or received the equivalent of a high school diploma | ||
in this State. | ||
(3) Have attended school in this State for at least 3 | ||
years as of the date he or she graduated from high school | ||
or received the equivalent of a high school diploma. | ||
(4) Have at least one parent who immigrated to the | ||
United States. | ||
(d) The Illinois Student Assistance Commission shall | ||
establish an Illinois DREAM Fund to provide scholarships under | ||
this Section. The Illinois DREAM Fund shall be funded entirely | ||
from private contributions, gifts, grants, awards, and | ||
proceeds from the scratch-off created in Section 21.16 of the | ||
Illinois Lottery Law. | ||
(e) The Illinois DREAM Fund Commission shall develop a | ||
comprehensive program, including creation of informational | ||
materials and a marketing plan, to educate people in the State | ||
of Illinois about the purpose and benefits of contributions | ||
made to the Illinois DREAM Fund. The Illinois DREAM Fund | ||
Commission shall develop specific marketing materials for the | ||
voluntary use by persons licensed pursuant to the Transmitters | ||
of Money Act. | ||
(Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23; | ||
revised 9-6-23.) | ||
Section 315. The Illinois Educational Labor Relations Act | ||
is amended by changing Section 2 as follows: |
(115 ILCS 5/2) (from Ch. 48, par. 1702) | ||
Sec. 2. Definitions. As used in this Act: | ||
(a) "Educational employer" or "employer" means the | ||
governing body of a public school district, including the | ||
governing body of a charter school established under Article | ||
27A of the School Code or of a contract school or contract | ||
turnaround school established under paragraph 30 of Section | ||
34-18 of the School Code, combination of public school | ||
districts, including the governing body of joint agreements of | ||
any type formed by 2 or more school districts, public | ||
community college district or State college or university, a | ||
subcontractor of instructional services of a school district | ||
(other than a school district organized under Article 34 of | ||
the School Code), combination of school districts, charter | ||
school established under Article 27A of the School Code, or | ||
contract school or contract turnaround school established | ||
under paragraph 30 of Section 34-18 of the School Code, an | ||
Independent Authority created under Section 2-3.25f-5 of the | ||
School Code, and any State agency whose major function is | ||
providing educational services. "Educational employer" or | ||
"employer" does not include (1) a Financial Oversight Panel | ||
created pursuant to Section 1A-8 of the School Code due to a | ||
district violating a financial plan or (2) an approved | ||
nonpublic special education facility that contracts with a | ||
school district or combination of school districts to provide |
special education services pursuant to Section 14-7.02 of the | ||
School Code, but does include a School Finance Authority | ||
created under Article 1E of the School Code and a Financial | ||
Oversight Panel created under Article 1B or 1H of the School | ||
Code. The change made by Public Act 96-104 this amendatory Act | ||
of the 96th General Assembly to this paragraph (a) to make | ||
clear that the governing body of a charter school is an | ||
" educational employer " is declaratory of existing law. | ||
(b) "Educational employee" or "employee" means any | ||
individual, excluding supervisors, managerial, confidential, | ||
short term employees, student, and part-time academic | ||
employees of community colleges employed full or part time by | ||
an educational employer, but shall not include elected | ||
officials and appointees of the Governor with the advice and | ||
consent of the Senate, firefighters as defined by subsection | ||
(g-1) of Section 3 of the Illinois Public Labor Relations Act, | ||
and peace officers employed by a State university. However, | ||
with respect to an educational employer of a school district | ||
organized under Article 34 of the School Code, a supervisor | ||
shall be considered an educational employee under this | ||
definition unless the supervisor is also a managerial | ||
employee. For the purposes of this Act, part-time academic | ||
employees of community colleges shall be defined as those | ||
employees who provide less than 3 credit hours of instruction | ||
per academic semester. In this subsection (b), the term | ||
"student" does not include graduate students who are research |
assistants primarily performing duties that involve research, | ||
graduate assistants primarily performing duties that are | ||
pre-professional, graduate students who are teaching | ||
assistants primarily performing duties that involve the | ||
delivery and support of instruction, or any other graduate | ||
assistants. | ||
(c) "Employee organization" or "labor organization" means | ||
an organization of any kind in which membership includes | ||
educational employees, and which exists for the purpose, in | ||
whole or in part, of dealing with employers concerning | ||
grievances, employee-employer disputes, wages, rates of pay, | ||
hours of employment, or conditions of work, but shall not | ||
include any organization which practices discrimination in | ||
membership because of race, color, creed, age, gender, | ||
national origin or political affiliation. | ||
(d) "Exclusive representative" means the labor | ||
organization which has been designated by the Illinois | ||
Educational Labor Relations Board as the representative of the | ||
majority of educational employees in an appropriate unit, or | ||
recognized by an educational employer prior to January 1, 1984 | ||
as the exclusive representative of the employees in an | ||
appropriate unit or, after January 1, 1984, recognized by an | ||
employer upon evidence that the employee organization has been | ||
designated as the exclusive representative by a majority of | ||
the employees in an appropriate unit. | ||
(e) "Board" means the Illinois Educational Labor Relations |
Board. | ||
(f) "Regional Superintendent" means the regional | ||
superintendent of schools provided for in Articles 3 and 3A of | ||
The School Code. | ||
(g) "Supervisor" means any individual having authority in | ||
the interests of the employer to hire, transfer, suspend, lay | ||
off, recall, promote, discharge, reward or discipline other | ||
employees within the appropriate bargaining unit and adjust | ||
their grievances, or to effectively recommend such action if | ||
the exercise of such authority is not of a merely routine or | ||
clerical nature but requires the use of independent judgment. | ||
The term "supervisor" includes only those individuals who | ||
devote a preponderance of their employment time to such | ||
exercising authority. | ||
(h) "Unfair labor practice" or "unfair practice" means any | ||
practice prohibited by Section 14 of this Act. | ||
(i) "Person" includes an individual, educational employee, | ||
educational employer, legal representative, or employee | ||
organization. | ||
(j) "Wages" means salaries or other forms of compensation | ||
for services rendered. | ||
(k) "Professional employee" means, in the case of a public | ||
community college, State college or university, State agency | ||
whose major function is providing educational services, the | ||
Illinois School for the Deaf, and the Illinois School for the | ||
Visually Impaired, (1) any employee engaged in work (i) |
predominantly intellectual and varied in character as opposed | ||
to routine mental, manual, mechanical, or physical work; (ii) | ||
involving the consistent exercise of discretion and judgment | ||
in its performance; (iii) of such character that the output | ||
produced or the result accomplished cannot be standardized in | ||
relation to a given period of time; and (iv) requiring | ||
knowledge of an advanced type in a field of science or learning | ||
customarily acquired by a prolonged course of specialized | ||
intellectual instruction and study in an institution of higher | ||
learning or a hospital, as distinguished from a general | ||
academic education or from an apprenticeship or from training | ||
in the performance of routine mental, manual, or physical | ||
processes; or (2) any employee, who (i) has completed the | ||
courses of specialized intellectual instruction and study | ||
described in clause (iv) of paragraph (1) of this subsection, | ||
and (ii) is performing related work under the supervision of a | ||
professional person to qualify himself or herself to become a | ||
professional as defined in paragraph (l). | ||
(l) "Professional employee" means, in the case of any | ||
public school district, or combination of school districts | ||
pursuant to joint agreement, any employee who has a license | ||
issued under Article 21B of the School Code. | ||
(m) "Unit" or "bargaining unit" means any group of | ||
employees for which an exclusive representative is selected. | ||
(n) "Confidential employee" means an employee, who (i) in | ||
the regular course of his or her duties, assists and acts in a |
confidential capacity to persons who formulate, determine and | ||
effectuate management policies with regard to labor relations | ||
or who (ii) in the regular course of his or her duties has | ||
access to information relating to the effectuation or review | ||
of the employer's collective bargaining policies. | ||
(o) "Managerial employee" means, with respect to an | ||
educational employer other than an educational employer of a | ||
school district organized under Article 34 of the School Code, | ||
an individual who is engaged predominantly in executive and | ||
management functions and is charged with the responsibility of | ||
directing the effectuation of such management policies and | ||
practices or, with respect to an educational employer of a | ||
school district organized under Article 34 of the School Code, | ||
an individual who has a significant role in the negotiation of | ||
collective bargaining agreements or who formulates and | ||
determines employer-wide management policies and practices. | ||
"Managerial employee" includes a general superintendent of | ||
schools provided for under Section 34-6 of the School Code. | ||
(p) "Craft employee" means a skilled journeyman, craft | ||
person, and his or her apprentice or helper. | ||
(q) "Short-term employee" is an employee who is employed | ||
for less than 2 consecutive calendar quarters during a | ||
calendar year and who does not have a reasonable expectation | ||
that he or she will be rehired by the same employer for the | ||
same service in a subsequent calendar year. Nothing in this | ||
subsection shall affect the employee status of individuals who |
were covered by a collective bargaining agreement on January | ||
1, 1992 ( the effective date of Public Act 87-736) this | ||
amendatory Act of 1991 . | ||
The changes made to this Section by Public Act 102-1138 | ||
this amendatory Act of the 102nd General Assembly may not be | ||
construed to void or change the powers and duties given to | ||
local school councils under Section 34-2.3 of the School Code. | ||
(Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22; | ||
102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised | ||
3-2-23.) | ||
Section 320. The Alternative Health Care Delivery Act is | ||
amended by changing Section 35.2 as follows: | ||
(210 ILCS 3/35.2) | ||
Sec. 35.2. Maternal milk donation education. | ||
(a) To ensure an adequate supply of pasteurized donor | ||
human milk for premature infants in Illinois, a birth center | ||
with obstetrical service beds shall provide information and | ||
instructional materials to parents of each newborn, upon | ||
discharge from the birth center, regarding the option to | ||
voluntarily donate milk to nonprofit non-profit milk banks | ||
that are accredited by the Human Milk Banking Association of | ||
North America or its successor organization. The materials | ||
shall be provided free of charge and shall include general | ||
information regarding nonprofit non-profit milk banking |
practices and contact information for area nonprofit milk | ||
banks that are accredited by the Human Milk Banking | ||
Association of North America. | ||
(b) The information and instructional materials described | ||
in subsection (a) may be provided electronically. | ||
(c) Nothing in this Section prohibits a birth center from | ||
obtaining free and suitable information on voluntary milk | ||
donation from the Human Milk Banking Association of North | ||
America, or its successor organization, or its accredited | ||
members. | ||
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.) | ||
Section 325. The Life Care Facilities Act is amended by | ||
setting forth, renumbering, and changing multiple versions of | ||
Section 10.3 as follows: | ||
(210 ILCS 40/10.3) | ||
Sec. 10.3. Posting of Long Term Care Ombudsman Program | ||
information. | ||
(a) Except as provided under subsection (b), all licensed | ||
facilities shall post on the home page of the facility's | ||
website the following: | ||
(1) The Long Term Care Ombudsman Program's statewide | ||
toll-free telephone number. | ||
(2) A link to the Long Term Care Ombudsman Program's | ||
website. |
(b) A facility: | ||
(1) may comply with this Section by posting the | ||
required information on the website of the facility's | ||
parent company if the facility does not maintain a unique | ||
website; | ||
(2) is not required to comply with this Section if the | ||
facility and any parent company do not maintain a website; | ||
and | ||
(3) is not required to comply with this Section in | ||
instances where the parent company operates in multiple | ||
states and the facility does not maintain a unique | ||
website. | ||
(Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.) | ||
(210 ILCS 40/10.4) | ||
Sec. 10.4 10.3 . Provision of at-home continuing care. | ||
(a) The Department shall adopt rules that: | ||
(1) establish standards for providers of at-home | ||
continuing care; | ||
(2) provide for the certification and registration of | ||
providers of at-home continuing care and the annual | ||
renewal of certificates of registration; | ||
(3) provide for and encourage the establishment of | ||
at-home continuing care programs; | ||
(4) set minimum requirements for any individual who is | ||
employed by or under contract with a provider of at-home |
continuing care and who will enter a provider of at-home | ||
continuing care's subscriber's home to provide at-home | ||
continuing care services, including requirements for | ||
criminal background checks of such an individual who will | ||
have routine, direct access to a subscriber; | ||
(5) establish standards for the renewal of | ||
certificates of registration for providers of at-home | ||
continuing care; | ||
(6) establish standards for the number of executed | ||
agreements necessary to begin operation as a provider of | ||
at-home continuing care; | ||
(7) establish standards for when and how a provider of | ||
at-home continuing care or a subscriber may rescind an | ||
at-home continuing care agreement before at-home | ||
continuing care services are provided to the subscriber; | ||
(8) allow a subscriber to rescind an agreement for | ||
at-home continuing care services at any time if the terms | ||
of the agreement violate this Section; | ||
(9) establish that a provider may terminate an | ||
agreement to provide at-home continuing care services or | ||
discharge a subscriber only for just cause; and | ||
(10) establish procedures to carry out a termination | ||
or discharge under paragraph (9). | ||
(b) The Department shall certify and register a person as | ||
a provider of at-home continuing care services under this | ||
Section if the Department determines that: |
(1) a reasonable financial plan has been developed to | ||
provide at-home continuing care services, including a plan | ||
for the number of agreements to be executed before | ||
beginning operation; | ||
(2) a market for the at-home continuing care program | ||
exists; | ||
(3) the provider has submitted all proposed | ||
advertisements, advertising campaigns, and other | ||
promotional materials for the program; | ||
(4) the form and substance of all advertisements, | ||
advertising campaigns, and other promotional materials | ||
submitted are not deceptive, misleading, or likely to | ||
mislead; and | ||
(5) an actuarial forecast supports the market for the | ||
program. | ||
(c) A provider may not enter into an agreement to provide | ||
at-home continuing care services until the Department issues a | ||
preliminary certificate of registration to the provider. An | ||
application for a preliminary certificate of registration | ||
shall: | ||
(1) be filed in a form determined by the Department by | ||
rule; and | ||
(2) include: | ||
(A) a copy of the proposed at-home continuing care | ||
agreement; and | ||
(B) the form and substance of any proposed |
advertisements, advertising campaigns, or other | ||
promotional materials for the program that are is | ||
available at the time of filing the application and | ||
that have has not been filed previously with the | ||
Department. | ||
(d) The Department shall issue a preliminary certificate | ||
of registration to a provider under subsection (c) if the | ||
Department determines that: | ||
(1) the proposed at-home continuing care agreement is | ||
satisfactory; | ||
(2) the provider has submitted all proposed | ||
advertisements, advertising campaigns, and other | ||
promotional materials for the program; and | ||
(3) the form and substance of all advertisements, | ||
advertising campaigns, and other promotional materials | ||
submitted are not deceptive, misleading, or likely to | ||
mislead. | ||
(e) A person may not provide at-home continuing care | ||
services until the Department issues a certificate of | ||
registration to the person. An application for a certificate | ||
of registration shall: | ||
(1) be filed in a form determined by the Department by | ||
rule; and | ||
(2) include: | ||
(A) verification that the required number of | ||
agreements has been executed; |
(B) the form and substance of any proposed | ||
advertisements, advertising campaigns, or other | ||
promotional materials for the program that are | ||
available at the time of filing and that have not been | ||
filed previously with the Department; and | ||
(C) verification that any other license or | ||
certificate required by other appropriate State units | ||
has been issued to the provider. | ||
(f) The Department shall issue a certificate of | ||
registration to a provider under subsection (e) if the | ||
Department determines that: | ||
(1) the information and documents submitted and | ||
application for a preliminary certificate of registration | ||
are current and accurate or have been updated to make them | ||
accurate; | ||
(2) the required agreements have been executed; | ||
(3) any other license or certificate required by other | ||
appropriate State units has been issued to the provider; | ||
(4) the provider has submitted all proposed | ||
advertisements, advertising campaigns, and other | ||
promotional materials for the program; and | ||
(5) the material submitted is not an advertisement, | ||
advertising campaign, or other promotional material that | ||
is deceptive, misleading, or likely to mislead. | ||
If a provider intends to advertise before the Department | ||
issues a certificate of registration, the provider shall |
submit to the Department any advertisement, advertising | ||
campaign, or other promotional material materials before using | ||
it. | ||
(g) Every 2 years, within 120 days after the end of a | ||
provider's fiscal year, a provider shall file an application | ||
for a renewal certificate of registration with the Department. | ||
The application shall: | ||
(A) be filed in a form determined by the | ||
Department by rule; and | ||
(B) contain any reasonable and pertinent | ||
information that the Department requires. | ||
(h) The Department shall issue a renewal certificate of | ||
registration under subsection (g) if the Department determines | ||
that: | ||
(1) all required documents have been filed and are | ||
satisfactory; | ||
(2) any revised agreements for at-home continuing care | ||
services meet the Department's requirements; | ||
(3) the provider has submitted all proposed | ||
advertisements, advertising campaigns, and other | ||
promotional materials for the program; and | ||
(4) the form and substance of all advertisements, | ||
advertising campaigns, and other promotional materials | ||
submitted are not deceptive, misleading, or likely to | ||
mislead. | ||
(i) The Department may deny, suspend, or revoke a |
preliminary, initial, or renewal certificate of registration | ||
under this Section for cause. The Department shall set forth | ||
in writing its reasons for a denial, suspension, or | ||
revocation. A provider may appeal a denial in writing. Grounds | ||
for a denial, suspension, or revocation include, but are not | ||
limited to: | ||
(1) violation of this Section; | ||
(2) violation of a rule adopted by the Department | ||
under this Section; | ||
(3) misrepresentation; or | ||
(4) submission of false information. | ||
(Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.) | ||
Section 330. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Sections 3.55 and 3.116 as follows: | ||
(210 ILCS 50/3.55) | ||
Sec. 3.55. Scope of practice. | ||
(a) Any person currently licensed as an EMR, EMT, EMT-I, | ||
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency | ||
and non-emergency medical services as defined in this Act, in | ||
accordance with his or her level of education, training and | ||
licensure, the standards of performance and conduct prescribed | ||
by the Department in rules adopted pursuant to this Act, and | ||
the requirements of the EMS System in which he or she | ||
practices, as contained in the approved Program Plan for that |
System. The Director may, by written order, temporarily modify | ||
individual scopes of practice in response to public health | ||
emergencies for periods not exceeding 180 days. | ||
(a-5) EMS personnel who have successfully completed a | ||
Department approved course in automated defibrillator | ||
operation and who are functioning within a Department approved | ||
EMS System may utilize such automated defibrillator according | ||
to the standards of performance and conduct prescribed by the | ||
Department in rules adopted pursuant to this Act and the | ||
requirements of the EMS System in which they practice, as | ||
contained in the approved Program Plan for that System. | ||
(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic who has successfully completed a Department approved | ||
course in the administration of epinephrine shall be required | ||
to carry epinephrine with him or her as part of the EMS | ||
personnel medical supplies whenever he or she is performing | ||
official duties as determined by the EMS System. The | ||
epinephrine may be administered from a glass vial, | ||
auto-injector, ampule, or pre-filled syringe. | ||
(b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or | ||
Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, | ||
PHAPRN, PHPA, or Paramedic license in pre-hospital or | ||
inter-hospital emergency care settings or non-emergency | ||
medical transport situations, under the written or verbal | ||
direction of the EMS Medical Director. For purposes of this |
Section, a "pre-hospital emergency care setting" may include a | ||
location, that is not a health care facility, which utilizes | ||
EMS personnel to render pre-hospital emergency care prior to | ||
the arrival of a transport vehicle. The location shall include | ||
communication equipment and all of the portable equipment and | ||
drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or | ||
Paramedic's level of care, as required by this Act, rules | ||
adopted by the Department pursuant to this Act, and the | ||
protocols of the EMS Systems, and shall operate only with the | ||
approval and under the direction of the EMS Medical Director. | ||
This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, | ||
PHRN, PHAPRN, PHPA, or Paramedic from practicing within an | ||
emergency department or other health care setting for the | ||
purpose of receiving continuing education or training approved | ||
by the EMS Medical Director. This Section shall also not | ||
prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic from seeking credentials other than his or her EMT, | ||
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and | ||
utilizing such credentials to work in emergency departments or | ||
other health care settings under the jurisdiction of that | ||
employer. | ||
(c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic | ||
may honor Do Not Resuscitate (DNR) orders and powers of | ||
attorney for health care only in accordance with rules adopted | ||
by the Department pursuant to this Act and protocols of the EMS | ||
System in which he or she practices. |
(d) A student enrolled in a Department approved EMS | ||
personnel program, while fulfilling the clinical training and | ||
in-field supervised experience requirements mandated for | ||
licensure or approval by the System and the Department, may | ||
perform prescribed procedures under the direct supervision of | ||
a physician licensed to practice medicine in all of its | ||
branches, a qualified registered professional nurse, or | ||
qualified EMS personnel, only when authorized by the EMS | ||
Medical Director. | ||
(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or | ||
Paramedic may transport a police dog injured in the line of | ||
duty to a veterinary clinic or similar facility if there are no | ||
persons requiring medical attention or transport at that time. | ||
For the purposes of this subsection, "police dog" means a dog | ||
owned or used by a law enforcement department or agency in the | ||
course of the department or agency's work, including a search | ||
and rescue dog, service dog, accelerant detection canine, or | ||
other dog that is in use by a county, municipal, or State law | ||
enforcement agency. | ||
(f) Nothing in this Act shall be construed to prohibit an | ||
EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an | ||
initial Occupational Safety and Health Administration | ||
Respirator Medical Evaluation Questionnaire on behalf of fire | ||
service personnel, as permitted by his or her EMS System | ||
Medical Director. | ||
(g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA |
shall be eligible to work for another EMS System for a period | ||
not to exceed 2 weeks if the individual is under the direct | ||
supervision of another licensed individual operating at the | ||
same or higher level as the EMT, EMT-I, A-EMT, Paramedic, | ||
PHRN, PHAPRN, or PHPA; obtained approval in writing from the | ||
EMS System's Medical Director; and tests into the EMS System | ||
based upon appropriate standards as outlined in the EMS System | ||
Program Plan. The EMS System within which the EMT, EMT-I, | ||
A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join | ||
must make all required testing available to the EMT, EMT-I, | ||
A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after | ||
the written request. Failure to do so by the EMS System shall | ||
allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA | ||
to continue working for another EMS System until all required | ||
testing becomes available. | ||
(h) (g) A member of a fire department's or fire protection | ||
district's collective bargaining unit shall be eligible to | ||
work under a silver spanner program for another EMS System's | ||
fire department or fire protection district that is not the | ||
full-time employer of that member, for a period not to exceed 2 | ||
weeks, if the member: (1) is under the direct supervision of | ||
another licensed individual operating at the same or higher | ||
licensure level as the member; (2) made a written request to | ||
the EMS System's Medical Director for approval to work under | ||
the silver spanner program, which shall be approved or denied | ||
within 24 hours after the EMS System's Medical Director |
received the request; and (3) tests into the EMS System based | ||
upon appropriate standards as outlined in the EMS System | ||
Program Plan. The EMS System within which the member is | ||
seeking to join must make all required testing available to | ||
the member within 2 weeks of the written request. Failure to do | ||
so by the EMS System shall allow the member to continue working | ||
under a silver spanner program until all required testing | ||
becomes available. | ||
(Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24; | ||
103-547, eff. 8-11-23; revised 8-30-23.) | ||
(210 ILCS 50/3.116) | ||
Sec. 3.116. Hospital Stroke Care; definitions. As used in | ||
Sections 3.116 through 3.119, 3.130, and 3.200 of this Act: | ||
"Acute Stroke-Ready Hospital" means a hospital that has | ||
been designated by the Department as meeting the criteria for | ||
providing emergent stroke care. Designation may be provided | ||
after a hospital has been certified or through application and | ||
designation as such. | ||
"Certification" or "certified" means certification, using | ||
evidence-based standards, from a nationally recognized | ||
certifying body approved by the Department. | ||
"Comprehensive Stroke Center" means a hospital that has | ||
been certified and has been designated as such. | ||
"Designation" or "designated" means the Department's | ||
recognition of a hospital as a Comprehensive Stroke Center, |
Primary Stroke Center, or Acute Stroke-Ready Hospital. | ||
"Emergent stroke care" is emergency medical care that | ||
includes diagnosis and emergency medical treatment of acute | ||
stroke patients. | ||
"Emergent Stroke Ready Hospital" means a hospital that has | ||
been designated by the Department as meeting the criteria for | ||
providing emergent stroke care. | ||
"Primary Stroke Center" means a hospital that has been | ||
certified by a Department-approved, nationally recognized | ||
certifying body and designated as such by the Department. | ||
"Primary Stroke Center Plus" means a hospital that has | ||
been certified by a Department-approved, nationally recognized | ||
certifying body and designated as such by the Department. | ||
"Regional Stroke Advisory Subcommittee" means a | ||
subcommittee formed within each Regional EMS Advisory | ||
Committee to advise the Director and the Region's EMS Medical | ||
Directors Committee on the triage, treatment, and transport of | ||
possible acute stroke patients and to select the Region's | ||
representative to the State Stroke Advisory Subcommittee. At | ||
minimum, the Regional Stroke Advisory Subcommittee shall | ||
consist of: one representative from the EMS Medical Directors | ||
Committee; one EMS coordinator from a Resource Hospital; one | ||
administrative representative or his or her designee from each | ||
level of stroke care, including Comprehensive Stroke Centers | ||
within the Region, if any, Thrombectomy Capable Stroke Centers | ||
within the Region, if any, Thrombectomy Ready Stroke Centers |
within the Region, if any, Primary Stroke Centers Plus within | ||
the Region, if any, Primary Stroke Centers within the Region, | ||
if any, and Acute Stroke-Ready Hospitals within the Region, if | ||
any; one physician from each level of stroke care, including | ||
one physician who is a neurologist or who provides advanced | ||
stroke care at a Comprehensive Stroke Center in the Region, if | ||
any, one physician who is a neurologist or who provides acute | ||
stroke care at a Thrombectomy Capable Stroke Center within the | ||
Region, if any, a Thrombectomy Ready Stroke Center within the | ||
Region, if any, or a Primary Stroke Center Plus in the Region, | ||
if any, one physician who is a neurologist or who provides | ||
acute stroke care at a Primary Stroke Center in the Region, if | ||
any, and one physician who provides acute stroke care at an | ||
Acute Stroke-Ready Hospital in the Region, if any; one nurse | ||
practicing in each level of stroke care, including one nurse | ||
from a Comprehensive Stroke Center in the Region, if any, one | ||
nurse from a Thrombectomy Capable Stroke Center, if any, a | ||
Thrombectomy Ready Stroke Center within the Region, if any, or | ||
a Primary Stroke Center Plus in the Region, if any, one nurse | ||
from a Primary Stroke Center in the Region, if any, and one | ||
nurse from an Acute Stroke-Ready Hospital in the Region, if | ||
any; one representative from both a public and a private | ||
vehicle service provider that transports possible acute stroke | ||
patients within the Region; the State-designated regional EMS | ||
Coordinator; and a fire chief or his or her designee from the | ||
EMS Region, if the Region serves a population of more than |
2,000,000. The Regional Stroke Advisory Subcommittee shall | ||
establish bylaws to ensure equal membership that rotates and | ||
clearly delineates committee responsibilities and structure. | ||
Of the members first appointed, one-third shall be appointed | ||
for a term of one year, one-third shall be appointed for a term | ||
of 2 years, and the remaining members shall be appointed for a | ||
term of 3 years. The terms of subsequent appointees shall be 3 | ||
years. | ||
"State Stroke Advisory Subcommittee" means a standing | ||
advisory body within the State Emergency Medical Services | ||
Advisory Council. | ||
"Thrombectomy Capable Stroke Center" means a hospital that | ||
has been certified by a Department-approved, nationally | ||
recognized certifying body and designated as such by the | ||
Department. | ||
"Thrombectomy Ready Stroke Center" means a hospital that | ||
has been certified by a Department-approved, nationally | ||
recognized certifying body and designated as such by the | ||
Department. | ||
(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24; | ||
103-363, eff. 7-28-23; revised 12-12-23.) | ||
Section 335. The Hospital Licensing Act is amended by | ||
changing Sections 10.10 and 11.9 as follows: | ||
(210 ILCS 85/10.10) |
Sec. 10.10. Nurse staffing by patient acuity. | ||
(a) Findings. The Legislature finds and declares all of | ||
the following: | ||
(1) The State of Illinois has a substantial interest | ||
in promoting quality care and improving the delivery of | ||
health care services. | ||
(2) Evidence-based studies have shown that the basic | ||
principles of staffing in the acute care setting should be | ||
based on the complexity of patients' care needs aligned | ||
with available nursing skills to promote quality patient | ||
care consistent with professional nursing standards. | ||
(3) Compliance with this Section promotes an | ||
organizational climate that values registered nurses' | ||
input in meeting the health care needs of hospital | ||
patients. | ||
(b) Definitions. As used in this Section: | ||
"Acuity model" means an assessment tool selected and | ||
implemented by a hospital, as recommended by a nursing care | ||
committee, that assesses the complexity of patient care needs | ||
requiring professional nursing care and skills and aligns | ||
patient care needs and nursing skills consistent with | ||
professional nursing standards. | ||
"Department" means the Department of Public Health. | ||
"Direct patient care" means care provided by a registered | ||
professional nurse with direct responsibility to oversee or | ||
carry out medical regimens or nursing care for one or more |
patients. | ||
"Nursing care committee" means a hospital-wide committee | ||
or committees of nurses whose functions, in part or in whole, | ||
contribute to the development, recommendation, and review of | ||
the hospital's nurse staffing plan established pursuant to | ||
subsection (d). | ||
"Registered professional nurse" means a person licensed as | ||
a Registered Nurse under the Nurse Practice Act. | ||
"Written staffing plan for nursing care services" means a | ||
written plan for the assignment of patient care nursing staff | ||
based on multiple nurse and patient considerations that yield | ||
minimum staffing levels for inpatient care units and the | ||
adopted acuity model aligning patient care needs with nursing | ||
skills required for quality patient care consistent with | ||
professional nursing standards. | ||
(c) Written staffing plan. | ||
(1) Every hospital shall implement a written | ||
hospital-wide staffing plan, prepared by a nursing care | ||
committee or committees, that provides for minimum direct | ||
care professional registered nurse-to-patient staffing | ||
needs for each inpatient care unit, including inpatient | ||
emergency departments. If the staffing plan prepared by | ||
the nursing care committee is not adopted by the hospital, | ||
or if substantial changes are proposed to it, the chief | ||
nursing officer shall either: (i) provide a written | ||
explanation to the committee of the reasons the plan was |
not adopted; or (ii) provide a written explanation of any | ||
substantial changes made to the proposed plan prior to it | ||
being adopted by the hospital. The written hospital-wide | ||
staffing plan shall include, but need not be limited to, | ||
the following considerations: | ||
(A) The complexity of complete care, assessment on | ||
patient admission, volume of patient admissions, | ||
discharges and transfers, evaluation of the progress | ||
of a patient's problems, ongoing physical assessments, | ||
planning for a patient's discharge, assessment after a | ||
change in patient condition, and assessment of the | ||
need for patient referrals. | ||
(B) The complexity of clinical professional | ||
nursing judgment needed to design and implement a | ||
patient's nursing care plan, the need for specialized | ||
equipment and technology, the skill mix of other | ||
personnel providing or supporting direct patient care, | ||
and involvement in quality improvement activities, | ||
professional preparation, and experience. | ||
(C) Patient acuity and the number of patients for | ||
whom care is being provided. | ||
(D) The ongoing assessments of a unit's patient | ||
acuity levels and nursing staff needed shall be | ||
routinely made by the unit nurse manager or his or her | ||
designee. | ||
(E) The identification of additional registered |
nurses available for direct patient care when | ||
patients' unexpected needs exceed the planned workload | ||
for direct care staff. | ||
(2) In order to provide staffing flexibility to meet | ||
patient needs, every hospital shall identify an acuity | ||
model for adjusting the staffing plan for each inpatient | ||
care unit. | ||
(2.5) Each hospital shall implement the staffing plan | ||
and assign nursing personnel to each inpatient care unit, | ||
including inpatient emergency departments, in accordance | ||
with the staffing plan. | ||
(A) A registered nurse may report to the nursing | ||
care committee any variations where the nurse | ||
personnel assignment in an inpatient care unit is not | ||
in accordance with the adopted staffing plan and may | ||
make a written report to the nursing care committee | ||
based on the variations. | ||
(B) Shift-to-shift adjustments in staffing levels | ||
required by the staffing plan may be made by the | ||
appropriate hospital personnel overseeing inpatient | ||
care operations. If a registered nurse in an inpatient | ||
care unit objects to a shift-to-shift adjustment, the | ||
registered nurse may submit a written report to the | ||
nursing care committee. | ||
(C) The nursing care committee shall develop a | ||
process to examine and respond to written reports |
submitted under subparagraphs (A) and (B) of this | ||
paragraph (2.5), including the ability to determine if | ||
a specific written report is resolved or should be | ||
dismissed. | ||
(3) The written staffing plan shall be posted, either | ||
by physical or electronic means, in a conspicuous and | ||
accessible location for both patients and direct care | ||
staff, as required under the Hospital Report Card Act. A | ||
copy of the written staffing plan shall be provided to any | ||
member of the general public upon request. | ||
(d) Nursing care committee. | ||
(1) Every hospital shall have a nursing care committee | ||
that meets at least 6 times per year. A hospital shall | ||
appoint members of a committee whereby at least 55% of the | ||
members are registered professional nurses providing | ||
direct inpatient care, one of whom shall be selected | ||
annually by the direct inpatient care nurses to serve as | ||
co-chair of the committee. | ||
(2) (Blank). | ||
(2.5) A nursing care committee shall prepare and | ||
recommend to hospital administration the hospital's | ||
written hospital-wide staffing plan. If the staffing plan | ||
is not adopted by the hospital, the chief nursing officer | ||
shall provide a written statement to the committee prior | ||
to a staffing plan being adopted by the hospital that: (A) | ||
explains the reasons the committee's proposed staffing |
plan was not adopted; and (B) describes the changes to the | ||
committee's proposed staffing or any alternative to the | ||
committee's proposed staffing plan. | ||
(3) A nursing care committee's or committees' written | ||
staffing plan for the hospital shall be based on the | ||
principles from the staffing components set forth in | ||
subsection (c). In particular, a committee or committees | ||
shall provide input and feedback on the following: | ||
(A) Selection, implementation, and evaluation of | ||
minimum staffing levels for inpatient care units. | ||
(B) Selection, implementation, and evaluation of | ||
an acuity model to provide staffing flexibility that | ||
aligns changing patient acuity with nursing skills | ||
required. | ||
(C) Selection, implementation, and evaluation of a | ||
written staffing plan incorporating the items | ||
described in subdivisions (c)(1) and (c)(2) of this | ||
Section. | ||
(D) Review the nurse staffing plans for all | ||
inpatient areas and current acuity tools and measures | ||
in use. The nursing care committee's review shall | ||
consider: | ||
(i) patient outcomes; | ||
(ii) complaints regarding staffing, including | ||
complaints about a delay in direct care nursing or | ||
an absence of direct care nursing; |
(iii) the number of hours of nursing care | ||
provided through an inpatient hospital unit | ||
compared with the number of inpatients served by | ||
the hospital unit during a 24-hour period; | ||
(iv) the aggregate hours of overtime worked by | ||
the nursing staff; | ||
(v) the extent to which actual nurse staffing | ||
for each hospital inpatient unit differs from the | ||
staffing specified by the staffing plan; and | ||
(vi) any other matter or change to the | ||
staffing plan determined by the committee to | ||
ensure that the hospital is staffed to meet the | ||
health care needs of patients. | ||
(4) A nursing care committee must issue a written | ||
report addressing the items described in subparagraphs (A) | ||
through (D) of paragraph (3) semi-annually. A written copy | ||
of this report shall be made available to direct inpatient | ||
care nurses by making available a paper copy of the | ||
report, distributing it electronically, or posting it on | ||
the hospital's website. | ||
(5) A nursing care committee must issue a written | ||
report at least annually to the hospital governing board | ||
that addresses items including, but not limited to: the | ||
items described in paragraph (3); changes made based on | ||
committee recommendations and the impact of such changes; | ||
and recommendations for future changes related to nurse |
staffing. | ||
(6) A nursing care committee must annually notify the | ||
hospital nursing staff of the staff's rights under this | ||
Section. The annual notice must provide a phone number and | ||
an email address for staff to report noncompliance with | ||
the nursing staff's rights as described in this Section. | ||
The notice must be provided by email or by regular mail in | ||
a manner that effectively facilitates receipt of the | ||
notice. The Department shall monitor and enforce the | ||
requirements of this paragraph (6). | ||
(e) Nothing in this Section 10.10 shall be construed to | ||
limit, alter, or modify any of the terms, conditions, or | ||
provisions of a collective bargaining agreement entered into | ||
by the hospital. | ||
(f) No hospital may discipline, discharge, or take any | ||
other adverse employment action against an employee solely | ||
because the employee expresses a concern or complaint | ||
regarding an alleged violation of this Section or concerns | ||
related to nurse staffing. | ||
(g) Any employee of a hospital may file a complaint with | ||
the Department regarding an alleged violation of this Section. | ||
The Department must forward notification of the alleged | ||
violation to the hospital in question within 10 business days | ||
after the complaint is filed. Upon receiving a complaint of a | ||
violation of this Section, the Department may take any action | ||
authorized under Section Sections 7 or 9 of this Act. |
(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; | ||
102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.) | ||
(210 ILCS 85/11.9) | ||
Sec. 11.9. Maternal milk donation education. | ||
(a) To ensure an adequate supply of pasteurized donor | ||
human milk for premature infants in Illinois, a hospital with | ||
licensed obstetric beds shall provide information and | ||
instructional materials to parents of each newborn, upon | ||
discharge from the hospital, regarding the option to | ||
voluntarily donate milk to nonprofit non-profit milk banks | ||
that are accredited by the Human Milk Banking Association of | ||
North America or its successor organization. The materials | ||
shall be provided free of charge and shall include general | ||
information regarding nonprofit non-profit milk banking | ||
practices and contact information for area nonprofit milk | ||
banks that are accredited by the Human Milk Banking | ||
Association of North America. | ||
(b) The information and instructional materials described | ||
in subsection (a) may be provided electronically. | ||
(c) Nothing in this Section prohibits a hospital from | ||
obtaining free and suitable information on voluntary milk | ||
donation from the Human Milk Banking Association of North | ||
America, or its successor organization, or its accredited | ||
members. | ||
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.) |
Section 340. The Hospital Uninsured Patient Discount Act | ||
is amended by changing Section 15 as follows: | ||
(210 ILCS 89/15) | ||
Sec. 15. Patient responsibility. | ||
(a) Hospitals may make the availability of a discount and | ||
the maximum collectible amount under this Act contingent upon | ||
the uninsured patient first applying for coverage under public | ||
health insurance programs, such as Medicare, Medicaid, | ||
AllKids, the State Children's Health Insurance Program, the | ||
Health Benefits for Immigrants program, or any other program, | ||
if there is a reasonable basis to believe that the uninsured | ||
patient may be eligible for such program. If the patient | ||
declines to apply for a public health insurance program on the | ||
basis of concern for immigration-related consequences, the | ||
hospital may refer the patient to a free, unbiased resource , | ||
such as an Immigrant Family Resource Program , to address the | ||
patient's immigration-related concerns and assist in enrolling | ||
the patient in a public health insurance program. The hospital | ||
may still screen the patient for eligibility under its | ||
financial assistance policy. | ||
(b) Hospitals shall permit an uninsured patient to apply | ||
for a discount within 90 days of the date of discharge, date of | ||
service, completion of the screening under the Fair Patient | ||
Billing Act, or denial of an application for a public health |
insurance program. | ||
Hospitals shall offer uninsured patients who receive | ||
community-based primary care provided by a community health | ||
center or a free and charitable clinic, are referred by such an | ||
entity to the hospital, and seek access to nonemergency | ||
hospital-based health care services with an opportunity to be | ||
screened for and assistance with applying for public health | ||
insurance programs if there is a reasonable basis to believe | ||
that the uninsured patient may be eligible for a public health | ||
insurance program. An uninsured patient who receives | ||
community-based primary care provided by a community health | ||
center or free and charitable clinic and is referred by such an | ||
entity to the hospital for whom there is not a reasonable basis | ||
to believe that the uninsured patient may be eligible for a | ||
public health insurance program shall be given the opportunity | ||
to apply for hospital financial assistance when hospital | ||
services are scheduled. | ||
(1) Income verification. Hospitals may require an | ||
uninsured patient who is requesting an uninsured discount | ||
to provide documentation of family income. Acceptable | ||
family income documentation shall include any one of the | ||
following: | ||
(A) a copy of the most recent tax return; | ||
(B) a copy of the most recent W-2 form and 1099 | ||
forms; | ||
(C) copies of the 2 most recent pay stubs; |
(D) written income verification from an employer | ||
if paid in cash; or | ||
(E) one other reasonable form of third-party third | ||
party income verification deemed acceptable to the | ||
hospital. | ||
(2) Asset verification. Hospitals may require an | ||
uninsured patient who is requesting an uninsured discount | ||
to certify the existence or absence of assets owned by the | ||
patient and to provide documentation of the value of such | ||
assets, except for those assets referenced in paragraph | ||
(4) of subsection (c) of Section 10. Acceptable | ||
documentation may include statements from financial | ||
institutions or some other third-party third party | ||
verification of an asset's value. If no third-party third | ||
party verification exists, then the patient shall certify | ||
as to the estimated value of the asset. | ||
(3) Illinois resident verification. Hospitals may | ||
require an uninsured patient who is requesting an | ||
uninsured discount to verify Illinois residency. | ||
Acceptable verification of Illinois residency shall | ||
include any one of the following: | ||
(A) any of the documents listed in paragraph (1); | ||
(B) a valid state-issued identification card; | ||
(C) a recent residential utility bill; | ||
(D) a lease agreement; | ||
(E) a vehicle registration card; |
(F) a voter registration card; | ||
(G) mail addressed to the uninsured patient at an | ||
Illinois address from a government or other credible | ||
source; | ||
(H) a statement from a family member of the | ||
uninsured patient who resides at the same address and | ||
presents verification of residency; | ||
(I) a letter from a homeless shelter, transitional | ||
house or other similar facility verifying that the | ||
uninsured patient resides at the facility; or | ||
(J) a temporary visitor's drivers license. | ||
(c) Hospital obligations toward an individual uninsured | ||
patient under this Act shall cease if that patient | ||
unreasonably fails or refuses to provide the hospital with | ||
information or documentation requested under subsection (b) or | ||
to apply for coverage under public programs when requested | ||
under subsection (a) within 30 days of the hospital's request. | ||
(d) In order for a hospital to determine the 12 month | ||
maximum amount that can be collected from a patient deemed | ||
eligible under Section 10, an uninsured patient shall inform | ||
the hospital in subsequent inpatient admissions or outpatient | ||
encounters that the patient has previously received health | ||
care services from that hospital and was determined to be | ||
entitled to the uninsured discount. | ||
(e) Hospitals may require patients to certify that all of | ||
the information provided in the application is true. The |
application may state that if any of the information is | ||
untrue, any discount granted to the patient is forfeited and | ||
the patient is responsible for payment of the hospital's full | ||
charges. | ||
(f) Hospitals shall ask for an applicant's race, | ||
ethnicity, sex, and preferred language on the financial | ||
assistance application. However, the questions shall be | ||
clearly marked as optional responses for the patient and shall | ||
note that responses or nonresponses by the patient will not | ||
have any impact on the outcome of the application. | ||
(Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24; | ||
103-492, eff. 1-1-24; revised 9-7-23.) | ||
Section 345. The Birth Center Licensing Act is amended by | ||
changing Section 46 as follows: | ||
(210 ILCS 170/46) | ||
Sec. 46. Maternal milk donation education. | ||
(a) To ensure an adequate supply of pasteurized donor | ||
human milk for premature infants in Illinois, a birth center | ||
with obstetrical service beds shall provide information and | ||
instructional materials to parents of each newborn, upon | ||
discharge from the birth center, regarding the option to | ||
voluntarily donate milk to nonprofit non-profit milk banks | ||
that are accredited by the Human Milk Banking Association of | ||
North America or its successor organization. The materials |
shall be provided free of charge and shall include general | ||
information regarding nonprofit non-profit milk banking | ||
practices and contact information for area nonprofit milk | ||
banks that are accredited by the Human Milk Banking | ||
Association of North America. | ||
(b) The information and instructional materials described | ||
in subsection (a) may be provided electronically. | ||
(c) Nothing in this Section prohibits a birth center from | ||
obtaining free and suitable information on voluntary milk | ||
donation from the Human Milk Banking Association of North | ||
America, or its successor organization, or its accredited | ||
members. | ||
(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.) | ||
Section 350. The Illinois Insurance Code is amended by | ||
setting forth, renumbering, and changing multiple versions of | ||
Section 356z.61 and by changing Section 370c.1 as follows: | ||
(215 ILCS 5/356z.61) | ||
Sec. 356z.61. Coverage for liver disease screening. A | ||
group or individual policy of accident and health insurance or | ||
a managed care plan that is amended, delivered, issued, or | ||
renewed on or after January 1, 2025 shall provide coverage for | ||
preventative liver disease screenings for individuals 35 years | ||
of age or older and under the age of 65 at high risk for liver | ||
disease, including liver ultrasounds and alpha-fetoprotein |
blood tests every 6 months, without imposing a deductible, | ||
coinsurance, copayment, or any other cost-sharing requirement | ||
on the coverage provided; except that this Section does not | ||
apply to coverage of liver disease screenings to the extent | ||
such coverage would disqualify a high-deductible health plan | ||
from eligibility for a health savings account pursuant to | ||
Section 223 of the Internal Revenue Code. | ||
(Source: P.A. 103-84, eff. 1-1-24.) | ||
(215 ILCS 5/356z.63) | ||
Sec. 356z.63 356z.61 . Coverage of pharmacy testing, | ||
screening, vaccinations, and treatment. A group or individual | ||
policy of accident and health insurance or a managed care plan | ||
that is amended, delivered, issued, or renewed on or after | ||
January 1, 2025 shall provide coverage for health care or | ||
patient care services provided by a pharmacist if: | ||
(1) the pharmacist meets the requirements and scope of | ||
practice described in paragraph (15), (16), or (17) of | ||
subsection (d) of Section 3 of the Pharmacy Practice Act; | ||
(2) the health plan provides coverage for the same | ||
service provided by a licensed physician, an advanced | ||
practice registered nurse, or a physician assistant; | ||
(3) the pharmacist is included in the health benefit | ||
plan's network of participating providers; and | ||
(4) reimbursement has been successfully negotiated in | ||
good faith between the pharmacist and the health plan. |
(Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.) | ||
(215 ILCS 5/356z.64) | ||
Sec. 356z.64 356z.61 . Coverage for compression sleeves. A | ||
group or individual policy of accident and health insurance or | ||
a managed care plan that is amended, delivered, issued, or | ||
renewed on or after January 1, 2025 shall provide coverage for | ||
compression sleeves that are is medically necessary for the | ||
enrollee to prevent or mitigate lymphedema. | ||
(Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.) | ||
(215 ILCS 5/356z.65) | ||
Sec. 356z.65 356z.61 . Coverage for reconstructive | ||
services. | ||
(a) As used in this Section, "reconstructive services" | ||
means treatments performed on structures of the body damaged | ||
by trauma to restore physical appearance. | ||
(b) A group or individual policy of accident and health | ||
insurance or a managed care plan that is amended, delivered, | ||
issued, or renewed on or after January 1, 2025 may not deny | ||
coverage for medically necessary reconstructive services that | ||
are intended to restore physical appearance. | ||
(Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.) | ||
(215 ILCS 5/356z.66) | ||
Sec. 356z.66 356z.61 . Proton beam therapy. |
(a) As used in this Section: | ||
"Medically necessary" has the meaning given to that term | ||
in the Prior Authorization Reform Act. | ||
"Proton beam therapy" means a type of radiation therapy | ||
treatment that utilizes protons as the radiation delivery | ||
method for the treatment of tumors and cancerous cells. | ||
"Radiation therapy treatment" means the delivery of | ||
biological effective doses with proton therapy, intensity | ||
modulated radiation therapy, brachytherapy, stereotactic body | ||
radiation therapy, three-dimensional conformal radiation | ||
therapy, or other forms of therapy using radiation. | ||
(b) A group or individual policy of accident and health | ||
insurance or managed care plan that is amended, delivered, | ||
issued, or renewed on or after January 1, 2025 that provides | ||
coverage for the treatment of cancer shall not apply a higher | ||
standard of clinical evidence for the coverage of proton beam | ||
therapy than the insurer applies for the coverage of any other | ||
form of radiation therapy treatment. | ||
(c) A group or individual policy of accident and health | ||
insurance or managed care plan that is amended, delivered, | ||
issued, or renewed on or after January 1, 2025 that provides | ||
coverage or benefits to any resident of this State for | ||
radiation oncology shall include coverage or benefits for | ||
medically necessary proton beam therapy for the treatment of | ||
cancer. | ||
(Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.) |
(215 ILCS 5/356z.67) | ||
Sec. 356z.67 356z.61 . Coverage of prescription estrogen. | ||
(a) A group or individual policy of accident and health | ||
insurance or a managed care plan that is amended, delivered, | ||
issued, or renewed on or after January 1, 2025 and that | ||
provides coverage for prescription drugs shall include | ||
coverage for one or more therapeutic equivalent versions of | ||
vaginal estrogen in its formulary. | ||
(b) If a particular vaginal estrogen product or its | ||
therapeutic equivalent version approved by the United States | ||
Food and Drug Administration is determined to be medically | ||
necessary, the issuer must cover that service or item pursuant | ||
to the cost-sharing requirement contained in subsection (c). | ||
(c) A policy subject to this Section shall not impose a | ||
deductible, copayment, or any other cost sharing requirement | ||
that exceeds any deductible, coinsurance, copayment, or any | ||
other cost-sharing requirement imposed on any prescription | ||
drug authorized for the treatment of erectile dysfunction | ||
covered by the policy; except that this subsection does not | ||
apply to coverage of vaginal estrogen to the extent such | ||
coverage would disqualify a high-deductible health plan from | ||
eligibility for a health savings account pursuant to Section | ||
223 of the Internal Revenue Code. | ||
(d) As used in this Section, "therapeutic equivalent | ||
version" has the meaning given to that term in paragraph (2) of |
subsection (a) of Section 356z.4. | ||
(Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.) | ||
(215 ILCS 5/356z.68) | ||
Sec. 356z.68 356z.61 . Home saliva cancer screening. | ||
(a) As used in this Section, "home saliva cancer | ||
screening" means an outpatient test that utilizes an | ||
individual's saliva to detect biomarkers for early-stage | ||
cancer. | ||
(b) An individual or group policy of accident and health | ||
insurance that is amended, delivered, issued, or renewed on or | ||
after January 1, 2025 shall cover a medically necessary home | ||
saliva cancer screening every 24 months if the patient: | ||
(1) is asymptomatic and at high risk for the disease | ||
being tested for; or | ||
(2) demonstrates symptoms of the disease being tested | ||
for at a physical exam. | ||
(Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.) | ||
(215 ILCS 5/356z.69) | ||
Sec. 356z.69 356z.61 . Coverage for children with | ||
neuromuscular, neurological, or cognitive impairment. A group | ||
or individual policy of accident and health insurance amended, | ||
delivered, issued, or renewed on or after January 1, 2025 | ||
shall provide coverage for therapy, diagnostic testing, and | ||
equipment necessary to increase quality of life for children |
who have been clinically or genetically diagnosed with any | ||
disease, syndrome, or disorder that includes low tone | ||
neuromuscular impairment, neurological impairment, or | ||
cognitive impairment. | ||
(Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.) | ||
(215 ILCS 5/356z.70) | ||
Sec. 356z.70 356z.61 . Coverage of no-cost mental health | ||
prevention and wellness visits. | ||
(a) A group or individual policy of accident and health | ||
insurance or managed care plan that is amended, delivered, | ||
issued, or renewed on or after January 1, 2025 shall provide | ||
coverage for one annual mental health prevention and wellness | ||
visit for children and for adults. | ||
(b) Mental health prevention and wellness visits shall | ||
include any age-appropriate screening recommended by the | ||
United States Preventive Services Task Force or by the | ||
American Academy of Pediatrics' Bright Futures: Guidelines for | ||
Health Supervision of Infants, Children, and Adolescents for | ||
purposes of identifying a mental health issue, condition, or | ||
disorder; discussing mental health symptoms that might be | ||
present, including symptoms of a previously diagnosed mental | ||
health condition or disorder; performing an evaluation of | ||
adverse childhood experiences; and discussing mental health | ||
and wellness. | ||
(c) A mental health prevention and wellness visit shall be |
covered for up to 60 minutes and may be performed by a | ||
physician licensed to practice medicine in all of its | ||
branches, a licensed clinical psychologist, a licensed | ||
clinical social worker, a licensed clinical professional | ||
counselor, a licensed marriage and family therapist, a | ||
licensed social worker, or a licensed professional counselor. | ||
(d) A policy subject to this Section shall not impose a | ||
deductible, coinsurance, copayment, or other cost-sharing | ||
requirement for mental health prevention and wellness visits. | ||
The cost-sharing prohibition in this subsection (d) does not | ||
apply to coverage of mental health prevention and wellness | ||
visits to the extent such coverage would disqualify a | ||
high-deductible health plan from eligibility for a health | ||
savings account pursuant to Section 223 of the Internal | ||
Revenue Code. | ||
(e) A mental health prevention and wellness visit shall be | ||
in addition to an annual physical examination and shall not | ||
replace a well-child visit or a general health or medical | ||
visit. | ||
(f) A mental health prevention and wellness visit shall be | ||
reimbursed through the following American Medical Association | ||
current procedural terminology codes and at the same rate that | ||
current procedural terminology codes are reimbursed for the | ||
provision of other medical care: 99381-99387 and 99391-99397. | ||
The Department shall update the current procedural terminology | ||
codes through adoption of rules if the codes listed in this |
subsection are altered, amended, changed, deleted, or | ||
supplemented. | ||
(g) Reimbursement of any of the current procedural | ||
terminology codes listed in this Section shall comply with the | ||
following: | ||
(1) reimbursement may be adjusted for payment of | ||
claims that are billed by a nonphysician clinician so long | ||
as the methodology to determine the adjustments are | ||
comparable to and applied no more stringently than the | ||
methodology for adjustments made for reimbursement of | ||
claims billed by nonphysician clinicians for other medical | ||
care, in accordance with 45 CFR 146.136(c)(4); and | ||
(2) for a mental health prevention and wellness visit | ||
and for a service other than a mental health prevention | ||
and wellness visit, reimbursement shall not be denied if | ||
they occur on the same date by the same provider and the | ||
provider is a primary care provider. | ||
(h) A mental health prevention and wellness visit may be | ||
incorporated into and reimbursed within any type of integrated | ||
primary care service delivery method, including, but not | ||
limited to, a psychiatric collaborative care model as provided | ||
for under this Code. | ||
(i) The Department shall adopt any rules necessary to | ||
implement this Section by no later than October 31, 2024. | ||
(Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.) |
(215 ILCS 5/370c.1) | ||
Sec. 370c.1. Mental, emotional, nervous, or substance use | ||
disorder or condition parity. | ||
(a) On and after July 23, 2021 (the effective date of | ||
Public Act 102-135), every insurer that amends, delivers, | ||
issues, or renews a group or individual policy of accident and | ||
health insurance or a qualified health plan offered through | ||
the Health Insurance Marketplace in this State providing | ||
coverage for hospital or medical treatment and for the | ||
treatment of mental, emotional, nervous, or substance use | ||
disorders or conditions shall ensure prior to policy issuance | ||
that: | ||
(1) the financial requirements applicable to such | ||
mental, emotional, nervous, or substance use disorder or | ||
condition benefits are no more restrictive than the | ||
predominant financial requirements applied to | ||
substantially all hospital and medical benefits covered by | ||
the policy and that there are no separate cost-sharing | ||
requirements that are applicable only with respect to | ||
mental, emotional, nervous, or substance use disorder or | ||
condition benefits; and | ||
(2) the treatment limitations applicable to such | ||
mental, emotional, nervous, or substance use disorder or | ||
condition benefits are no more restrictive than the | ||
predominant treatment limitations applied to substantially | ||
all hospital and medical benefits covered by the policy |
and that there are no separate treatment limitations that | ||
are applicable only with respect to mental, emotional, | ||
nervous, or substance use disorder or condition benefits. | ||
(b) The following provisions shall apply concerning | ||
aggregate lifetime limits: | ||
(1) In the case of a group or individual policy of | ||
accident and health insurance or a qualified health plan | ||
offered through the Health Insurance Marketplace amended, | ||
delivered, issued, or renewed in this State on or after | ||
September 9, 2015 (the effective date of Public Act | ||
99-480) that provides coverage for hospital or medical | ||
treatment and for the treatment of mental, emotional, | ||
nervous, or substance use disorders or conditions the | ||
following provisions shall apply: | ||
(A) if the policy does not include an aggregate | ||
lifetime limit on substantially all hospital and | ||
medical benefits, then the policy may not impose any | ||
aggregate lifetime limit on mental, emotional, | ||
nervous, or substance use disorder or condition | ||
benefits; or | ||
(B) if the policy includes an aggregate lifetime | ||
limit on substantially all hospital and medical | ||
benefits (in this subsection referred to as the | ||
"applicable lifetime limit"), then the policy shall | ||
either: | ||
(i) apply the applicable lifetime limit both |
to the hospital and medical benefits to which it | ||
otherwise would apply and to mental, emotional, | ||
nervous, or substance use disorder or condition | ||
benefits and not distinguish in the application of | ||
the limit between the hospital and medical | ||
benefits and mental, emotional, nervous, or | ||
substance use disorder or condition benefits; or | ||
(ii) not include any aggregate lifetime limit | ||
on mental, emotional, nervous, or substance use | ||
disorder or condition benefits that is less than | ||
the applicable lifetime limit. | ||
(2) In the case of a policy that is not described in | ||
paragraph (1) of subsection (b) of this Section and that | ||
includes no or different aggregate lifetime limits on | ||
different categories of hospital and medical benefits, the | ||
Director shall establish rules under which subparagraph | ||
(B) of paragraph (1) of subsection (b) of this Section is | ||
applied to such policy with respect to mental, emotional, | ||
nervous, or substance use disorder or condition benefits | ||
by substituting for the applicable lifetime limit an | ||
average aggregate lifetime limit that is computed taking | ||
into account the weighted average of the aggregate | ||
lifetime limits applicable to such categories. | ||
(c) The following provisions shall apply concerning annual | ||
limits: | ||
(1) In the case of a group or individual policy of |
accident and health insurance or a qualified health plan | ||
offered through the Health Insurance Marketplace amended, | ||
delivered, issued, or renewed in this State on or after | ||
September 9, 2015 (the effective date of Public Act | ||
99-480) that provides coverage for hospital or medical | ||
treatment and for the treatment of mental, emotional, | ||
nervous, or substance use disorders or conditions the | ||
following provisions shall apply: | ||
(A) if the policy does not include an annual limit | ||
on substantially all hospital and medical benefits, | ||
then the policy may not impose any annual limits on | ||
mental, emotional, nervous, or substance use disorder | ||
or condition benefits; or | ||
(B) if the policy includes an annual limit on | ||
substantially all hospital and medical benefits (in | ||
this subsection referred to as the "applicable annual | ||
limit"), then the policy shall either: | ||
(i) apply the applicable annual limit both to | ||
the hospital and medical benefits to which it | ||
otherwise would apply and to mental, emotional, | ||
nervous, or substance use disorder or condition | ||
benefits and not distinguish in the application of | ||
the limit between the hospital and medical | ||
benefits and mental, emotional, nervous, or | ||
substance use disorder or condition benefits; or | ||
(ii) not include any annual limit on mental, |
emotional, nervous, or substance use disorder or | ||
condition benefits that is less than the | ||
applicable annual limit. | ||
(2) In the case of a policy that is not described in | ||
paragraph (1) of subsection (c) of this Section and that | ||
includes no or different annual limits on different | ||
categories of hospital and medical benefits, the Director | ||
shall establish rules under which subparagraph (B) of | ||
paragraph (1) of subsection (c) of this Section is applied | ||
to such policy with respect to mental, emotional, nervous, | ||
or substance use disorder or condition benefits by | ||
substituting for the applicable annual limit an average | ||
annual limit that is computed taking into account the | ||
weighted average of the annual limits applicable to such | ||
categories. | ||
(d) With respect to mental, emotional, nervous, or | ||
substance use disorders or conditions, an insurer shall use | ||
policies and procedures for the election and placement of | ||
mental, emotional, nervous, or substance use disorder or | ||
condition treatment drugs on their formulary that are no less | ||
favorable to the insured as those policies and procedures the | ||
insurer uses for the selection and placement of drugs for | ||
medical or surgical conditions and shall follow the expedited | ||
coverage determination requirements for substance abuse | ||
treatment drugs set forth in Section 45.2 of the Managed Care | ||
Reform and Patient Rights Act. |
(e) This Section shall be interpreted in a manner | ||
consistent with all applicable federal parity regulations | ||
including, but not limited to, the Paul Wellstone and Pete | ||
Domenici Mental Health Parity and Addiction Equity Act of | ||
2008, final regulations issued under the Paul Wellstone and | ||
Pete Domenici Mental Health Parity and Addiction Equity Act of | ||
2008 and final regulations applying the Paul Wellstone and | ||
Pete Domenici Mental Health Parity and Addiction Equity Act of | ||
2008 to Medicaid managed care organizations, the Children's | ||
Health Insurance Program, and alternative benefit plans. | ||
(f) The provisions of subsections (b) and (c) of this | ||
Section shall not be interpreted to allow the use of lifetime | ||
or annual limits otherwise prohibited by State or federal law. | ||
(g) As used in this Section: | ||
"Financial requirement" includes deductibles, copayments, | ||
coinsurance, and out-of-pocket maximums, but does not include | ||
an aggregate lifetime limit or an annual limit subject to | ||
subsections (b) and (c). | ||
"Mental, emotional, nervous, or substance use disorder or | ||
condition" means a condition or disorder that involves a | ||
mental health condition or substance use disorder that falls | ||
under any of the diagnostic categories listed in the mental | ||
and behavioral disorders chapter of the current edition of the | ||
International Classification of Disease or that is listed in | ||
the most recent version of the Diagnostic and Statistical | ||
Manual of Mental Disorders. |
"Treatment limitation" includes limits on benefits based | ||
on the frequency of treatment, number of visits, days of | ||
coverage, days in a waiting period, or other similar limits on | ||
the scope or duration of treatment. "Treatment limitation" | ||
includes both quantitative treatment limitations, which are | ||
expressed numerically (such as 50 outpatient visits per year), | ||
and nonquantitative treatment limitations, which otherwise | ||
limit the scope or duration of treatment. A permanent | ||
exclusion of all benefits for a particular condition or | ||
disorder shall not be considered a treatment limitation. | ||
"Nonquantitative treatment" means those limitations as | ||
described under federal regulations (26 CFR 54.9812-1). | ||
"Nonquantitative treatment limitations" include, but are not | ||
limited to, those limitations described under federal | ||
regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR | ||
146.136. | ||
(h) The Department of Insurance shall implement the | ||
following education initiatives: | ||
(1) By January 1, 2016, the Department shall develop a | ||
plan for a Consumer Education Campaign on parity. The | ||
Consumer Education Campaign shall focus its efforts | ||
throughout the State and include trainings in the | ||
northern, southern, and central regions of the State, as | ||
defined by the Department, as well as each of the 5 managed | ||
care regions of the State as identified by the Department | ||
of Healthcare and Family Services. Under this Consumer |
Education Campaign, the Department shall: (1) by January | ||
1, 2017, provide at least one live training in each region | ||
on parity for consumers and providers and one webinar | ||
training to be posted on the Department website and (2) | ||
establish a consumer hotline to assist consumers in | ||
navigating the parity process by March 1, 2017. By January | ||
1, 2018 the Department shall issue a report to the General | ||
Assembly on the success of the Consumer Education | ||
Campaign, which shall indicate whether additional training | ||
is necessary or would be recommended. | ||
(2) The Department, in coordination with the | ||
Department of Human Services and the Department of | ||
Healthcare and Family Services, shall convene a working | ||
group of health care insurance carriers, mental health | ||
advocacy groups, substance abuse patient advocacy groups, | ||
and mental health physician groups for the purpose of | ||
discussing issues related to the treatment and coverage of | ||
mental, emotional, nervous, or substance use disorders or | ||
conditions and compliance with parity obligations under | ||
State and federal law. Compliance shall be measured, | ||
tracked, and shared during the meetings of the working | ||
group. The working group shall meet once before January 1, | ||
2016 and shall meet semiannually thereafter. The | ||
Department shall issue an annual report to the General | ||
Assembly that includes a list of the health care insurance | ||
carriers, mental health advocacy groups, substance abuse |
patient advocacy groups, and mental health physician | ||
groups that participated in the working group meetings, | ||
details on the issues and topics covered, and any | ||
legislative recommendations developed by the working | ||
group. | ||
(3) Not later than January 1 of each year, the | ||
Department, in conjunction with the Department of | ||
Healthcare and Family Services, shall issue a joint report | ||
to the General Assembly and provide an educational | ||
presentation to the General Assembly. The report and | ||
presentation shall: | ||
(A) Cover the methodology the Departments use to | ||
check for compliance with the federal Paul Wellstone | ||
and Pete Domenici Mental Health Parity and Addiction | ||
Equity Act of 2008, 42 U.S.C. 18031(j), and any | ||
federal regulations or guidance relating to the | ||
compliance and oversight of the federal Paul Wellstone | ||
and Pete Domenici Mental Health Parity and Addiction | ||
Equity Act of 2008 and 42 U.S.C. 18031(j). | ||
(B) Cover the methodology the Departments use to | ||
check for compliance with this Section and Sections | ||
356z.23 and 370c of this Code. | ||
(C) Identify market conduct examinations or, in | ||
the case of the Department of Healthcare and Family | ||
Services, audits conducted or completed during the | ||
preceding 12-month period regarding compliance with |
parity in mental, emotional, nervous, and substance | ||
use disorder or condition benefits under State and | ||
federal laws and summarize the results of such market | ||
conduct examinations and audits. This shall include: | ||
(i) the number of market conduct examinations | ||
and audits initiated and completed; | ||
(ii) the benefit classifications examined by | ||
each market conduct examination and audit; | ||
(iii) the subject matter of each market | ||
conduct examination and audit, including | ||
quantitative and nonquantitative treatment | ||
limitations; and | ||
(iv) a summary of the basis for the final | ||
decision rendered in each market conduct | ||
examination and audit. | ||
Individually identifiable information shall be | ||
excluded from the reports consistent with federal | ||
privacy protections. | ||
(D) Detail any educational or corrective actions | ||
the Departments have taken to ensure compliance with | ||
the federal Paul Wellstone and Pete Domenici Mental | ||
Health Parity and Addiction Equity Act of 2008, 42 | ||
U.S.C. 18031(j), this Section, and Sections 356z.23 | ||
and 370c of this Code. | ||
(E) The report must be written in non-technical, | ||
readily understandable language and shall be made |
available to the public by, among such other means as | ||
the Departments find appropriate, posting the report | ||
on the Departments' websites. | ||
(i) The Parity Advancement Fund is created as a special | ||
fund in the State treasury. Moneys from fines and penalties | ||
collected from insurers for violations of this Section shall | ||
be deposited into the Fund. Moneys deposited into the Fund for | ||
appropriation by the General Assembly to the Department shall | ||
be used for the purpose of providing financial support of the | ||
Consumer Education Campaign, parity compliance advocacy, and | ||
other initiatives that support parity implementation and | ||
enforcement on behalf of consumers. | ||
(j) (Blank). | ||
(j-5) The Department of Insurance shall collect the | ||
following information: | ||
(1) The number of employment disability insurance | ||
plans offered in this State, including, but not limited | ||
to: | ||
(A) individual short-term policies; | ||
(B) individual long-term policies; | ||
(C) group short-term policies; and | ||
(D) group long-term policies. | ||
(2) The number of policies referenced in paragraph (1) | ||
of this subsection that limit mental health and substance | ||
use disorder benefits. | ||
(3) The average defined benefit period for the |
policies referenced in paragraph (1) of this subsection, | ||
both for those policies that limit and those policies that | ||
have no limitation on mental health and substance use | ||
disorder benefits. | ||
(4) Whether the policies referenced in paragraph (1) | ||
of this subsection are purchased on a voluntary or | ||
non-voluntary basis. | ||
(5) The identities of the individuals, entities, or a | ||
combination of the 2 , that assume the cost associated with | ||
covering the policies referenced in paragraph (1) of this | ||
subsection. | ||
(6) The average defined benefit period for plans that | ||
cover physical disability and mental health and substance | ||
abuse without limitation, including, but not limited to: | ||
(A) individual short-term policies; | ||
(B) individual long-term policies; | ||
(C) group short-term policies; and | ||
(D) group long-term policies. | ||
(7) The average premiums for disability income | ||
insurance issued in this State for: | ||
(A) individual short-term policies that limit | ||
mental health and substance use disorder benefits; | ||
(B) individual long-term policies that limit | ||
mental health and substance use disorder benefits; | ||
(C) group short-term policies that limit mental | ||
health and substance use disorder benefits; |
(D) group long-term policies that limit mental | ||
health and substance use disorder benefits; | ||
(E) individual short-term policies that include | ||
mental health and substance use disorder benefits | ||
without limitation; | ||
(F) individual long-term policies that include | ||
mental health and substance use disorder benefits | ||
without limitation; | ||
(G) group short-term policies that include mental | ||
health and substance use disorder benefits without | ||
limitation; and | ||
(H) group long-term policies that include mental | ||
health and substance use disorder benefits without | ||
limitation. | ||
The Department shall present its findings regarding | ||
information collected under this subsection (j-5) to the | ||
General Assembly no later than April 30, 2024. Information | ||
regarding a specific insurance provider's contributions to the | ||
Department's report shall be exempt from disclosure under | ||
paragraph (t) of subsection (1) of Section 7 of the Freedom of | ||
Information Act. The aggregated information gathered by the | ||
Department shall not be exempt from disclosure under paragraph | ||
(t) of subsection (1) of Section 7 of the Freedom of | ||
Information Act. | ||
(k) An insurer that amends, delivers, issues, or renews a | ||
group or individual policy of accident and health insurance or |
a qualified health plan offered through the health insurance | ||
marketplace in this State providing coverage for hospital or | ||
medical treatment and for the treatment of mental, emotional, | ||
nervous, or substance use disorders or conditions shall submit | ||
an annual report, the format and definitions for which will be | ||
determined by the Department and the Department of Healthcare | ||
and Family Services and posted on their respective websites, | ||
starting on September 1, 2023 and annually thereafter, that | ||
contains the following information separately for inpatient | ||
in-network benefits, inpatient out-of-network benefits, | ||
outpatient in-network benefits, outpatient out-of-network | ||
benefits, emergency care benefits, and prescription drug | ||
benefits in the case of accident and health insurance or | ||
qualified health plans, or inpatient, outpatient, emergency | ||
care, and prescription drug benefits in the case of medical | ||
assistance: | ||
(1) A summary of the plan's pharmacy management | ||
processes for mental, emotional, nervous, or substance use | ||
disorder or condition benefits compared to those for other | ||
medical benefits. | ||
(2) A summary of the internal processes of review for | ||
experimental benefits and unproven technology for mental, | ||
emotional, nervous, or substance use disorder or condition | ||
benefits and those for other medical benefits. | ||
(3) A summary of how the plan's policies and | ||
procedures for utilization management for mental, |
emotional, nervous, or substance use disorder or condition | ||
benefits compare to those for other medical benefits. | ||
(4) A description of the process used to develop or | ||
select the medical necessity criteria for mental, | ||
emotional, nervous, or substance use disorder or condition | ||
benefits and the process used to develop or select the | ||
medical necessity criteria for medical and surgical | ||
benefits. | ||
(5) Identification of all nonquantitative treatment | ||
limitations that are applied to both mental, emotional, | ||
nervous, or substance use disorder or condition benefits | ||
and medical and surgical benefits within each | ||
classification of benefits. | ||
(6) The results of an analysis that demonstrates that | ||
for the medical necessity criteria described in | ||
subparagraph (A) and for each nonquantitative treatment | ||
limitation identified in subparagraph (B), as written and | ||
in operation, the processes, strategies, evidentiary | ||
standards, or other factors used in applying the medical | ||
necessity criteria and each nonquantitative treatment | ||
limitation to mental, emotional, nervous, or substance use | ||
disorder or condition benefits within each classification | ||
of benefits are comparable to, and are applied no more | ||
stringently than, the processes, strategies, evidentiary | ||
standards, or other factors used in applying the medical | ||
necessity criteria and each nonquantitative treatment |
limitation to medical and surgical benefits within the | ||
corresponding classification of benefits; at a minimum, | ||
the results of the analysis shall: | ||
(A) identify the factors used to determine that a | ||
nonquantitative treatment limitation applies to a | ||
benefit, including factors that were considered but | ||
rejected; | ||
(B) identify and define the specific evidentiary | ||
standards used to define the factors and any other | ||
evidence relied upon in designing each nonquantitative | ||
treatment limitation; | ||
(C) provide the comparative analyses, including | ||
the results of the analyses, performed to determine | ||
that the processes and strategies used to design each | ||
nonquantitative treatment limitation, as written, for | ||
mental, emotional, nervous, or substance use disorder | ||
or condition benefits are comparable to, and are | ||
applied no more stringently than, the processes and | ||
strategies used to design each nonquantitative | ||
treatment limitation, as written, for medical and | ||
surgical benefits; | ||
(D) provide the comparative analyses, including | ||
the results of the analyses, performed to determine | ||
that the processes and strategies used to apply each | ||
nonquantitative treatment limitation, in operation, | ||
for mental, emotional, nervous, or substance use |
disorder or condition benefits are comparable to, and | ||
applied no more stringently than, the processes or | ||
strategies used to apply each nonquantitative | ||
treatment limitation, in operation, for medical and | ||
surgical benefits; and | ||
(E) disclose the specific findings and conclusions | ||
reached by the insurer that the results of the | ||
analyses described in subparagraphs (C) and (D) | ||
indicate that the insurer is in compliance with this | ||
Section and the Mental Health Parity and Addiction | ||
Equity Act of 2008 and its implementing regulations, | ||
which includes 42 CFR Parts 438, 440, and 457 and 45 | ||
CFR 146.136 and any other related federal regulations | ||
found in the Code of Federal Regulations. | ||
(7) Any other information necessary to clarify data | ||
provided in accordance with this Section requested by the | ||
Director, including information that may be proprietary or | ||
have commercial value, under the requirements of Section | ||
30 of the Viatical Settlements Act of 2009. | ||
(l) An insurer that amends, delivers, issues, or renews a | ||
group or individual policy of accident and health insurance or | ||
a qualified health plan offered through the health insurance | ||
marketplace in this State providing coverage for hospital or | ||
medical treatment and for the treatment of mental, emotional, | ||
nervous, or substance use disorders or conditions on or after | ||
January 1, 2019 (the effective date of Public Act 100-1024) |
shall, in advance of the plan year, make available to the | ||
Department or, with respect to medical assistance, the | ||
Department of Healthcare and Family Services and to all plan | ||
participants and beneficiaries the information required in | ||
subparagraphs (C) through (E) of paragraph (6) of subsection | ||
(k). For plan participants and medical assistance | ||
beneficiaries, the information required in subparagraphs (C) | ||
through (E) of paragraph (6) of subsection (k) shall be made | ||
available on a publicly available publicly-available website | ||
whose web address is prominently displayed in plan and managed | ||
care organization informational and marketing materials. | ||
(m) In conjunction with its compliance examination program | ||
conducted in accordance with the Illinois State Auditing Act, | ||
the Auditor General shall undertake a review of compliance by | ||
the Department and the Department of Healthcare and Family | ||
Services with Section 370c and this Section. Any findings | ||
resulting from the review conducted under this Section shall | ||
be included in the applicable State agency's compliance | ||
examination report. Each compliance examination report shall | ||
be issued in accordance with Section 3-14 of the Illinois | ||
State Auditing Act. A copy of each report shall also be | ||
delivered to the head of the applicable State agency and | ||
posted on the Auditor General's website. | ||
(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21; | ||
102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff. | ||
6-27-23; revised 12-15-23.) |
Section 355. The Network Adequacy and Transparency Act is | ||
amended by changing Section 25 as follows: | ||
(215 ILCS 124/25) | ||
Sec. 25. Network transparency. | ||
(a) A network plan shall post electronically an | ||
up-to-date, accurate, and complete provider directory for each | ||
of its network plans, with the information and search | ||
functions, as described in this Section. | ||
(1) In making the directory available electronically, | ||
the network plans shall ensure that the general public is | ||
able to view all of the current providers for a plan | ||
through a clearly identifiable link or tab and without | ||
creating or accessing an account or entering a policy or | ||
contract number. | ||
(2) The network plan shall update the online provider | ||
directory at least monthly. Providers shall notify the | ||
network plan electronically or in writing of any changes | ||
to their information as listed in the provider directory, | ||
including the information required in subparagraph (K) of | ||
paragraph (1) of subsection (b). The network plan shall | ||
update its online provider directory in a manner | ||
consistent with the information provided by the provider | ||
within 10 business days after being notified of the change | ||
by the provider. Nothing in this paragraph (2) shall void |
any contractual relationship between the provider and the | ||
plan. | ||
(3) The network plan shall audit periodically at least | ||
25% of its provider directories for accuracy, make any | ||
corrections necessary, and retain documentation of the | ||
audit. The network plan shall submit the audit to the | ||
Director upon request. As part of these audits, the | ||
network plan shall contact any provider in its network | ||
that has not submitted a claim to the plan or otherwise | ||
communicated his or her intent to continue participation | ||
in the plan's network. | ||
(4) A network plan shall provide a printed print copy | ||
of a current provider directory or a printed print copy of | ||
the requested directory information upon request of a | ||
beneficiary or a prospective beneficiary. Printed Print | ||
copies must be updated quarterly and an errata that | ||
reflects changes in the provider network must be updated | ||
quarterly. | ||
(5) For each network plan, a network plan shall | ||
include, in plain language in both the electronic and | ||
print directory, the following general information: | ||
(A) in plain language, a description of the | ||
criteria the plan has used to build its provider | ||
network; | ||
(B) if applicable, in plain language, a | ||
description of the criteria the insurer or network |
plan has used to create tiered networks; | ||
(C) if applicable, in plain language, how the | ||
network plan designates the different provider tiers | ||
or levels in the network and identifies for each | ||
specific provider, hospital, or other type of facility | ||
in the network which tier each is placed, for example, | ||
by name, symbols, or grouping, in order for a | ||
beneficiary-covered person or a prospective | ||
beneficiary-covered person to be able to identify the | ||
provider tier; and | ||
(D) if applicable, a notation that authorization | ||
or referral may be required to access some providers. | ||
(6) A network plan shall make it clear for both its | ||
electronic and print directories what provider directory | ||
applies to which network plan, such as including the | ||
specific name of the network plan as marketed and issued | ||
in this State. The network plan shall include in both its | ||
electronic and print directories a customer service email | ||
address and telephone number or electronic link that | ||
beneficiaries or the general public may use to notify the | ||
network plan of inaccurate provider directory information | ||
and contact information for the Department's Office of | ||
Consumer Health Insurance. | ||
(7) A provider directory, whether in electronic or | ||
print format, shall accommodate the communication needs of | ||
individuals with disabilities, and include a link to or |
information regarding available assistance for persons | ||
with limited English proficiency. | ||
(b) For each network plan, a network plan shall make | ||
available through an electronic provider directory the | ||
following information in a searchable format: | ||
(1) for health care professionals: | ||
(A) name; | ||
(B) gender; | ||
(C) participating office locations; | ||
(D) specialty, if applicable; | ||
(E) medical group affiliations, if applicable; | ||
(F) facility affiliations, if applicable; | ||
(G) participating facility affiliations, if | ||
applicable; | ||
(H) languages spoken other than English, if | ||
applicable; | ||
(I) whether accepting new patients; | ||
(J) board certifications, if applicable; and | ||
(K) use of telehealth or telemedicine, including, | ||
but not limited to: | ||
(i) whether the provider offers the use of | ||
telehealth or telemedicine to deliver services to | ||
patients for whom it would be clinically | ||
appropriate; | ||
(ii) what modalities are used and what types | ||
of services may be provided via telehealth or |
telemedicine; and | ||
(iii) whether the provider has the ability and | ||
willingness to include in a telehealth or | ||
telemedicine encounter a family caregiver who is | ||
in a separate location than the patient if the | ||
patient wishes and provides his or her consent; | ||
(2) for hospitals: | ||
(A) hospital name; | ||
(B) hospital type (such as acute, rehabilitation, | ||
children's, or cancer); | ||
(C) participating hospital location; and | ||
(D) hospital accreditation status; and | ||
(3) for facilities, other than hospitals, by type: | ||
(A) facility name; | ||
(B) facility type; | ||
(C) types of services performed; and | ||
(D) participating facility location or locations. | ||
(c) For the electronic provider directories, for each | ||
network plan, a network plan shall make available all of the | ||
following information in addition to the searchable | ||
information required in this Section: | ||
(1) for health care professionals: | ||
(A) contact information; and | ||
(B) languages spoken other than English by | ||
clinical staff, if applicable; | ||
(2) for hospitals, telephone number; and |
(3) for facilities other than hospitals, telephone | ||
number. | ||
(d) The insurer or network plan shall make available in | ||
print, upon request, the following provider directory | ||
information for the applicable network plan: | ||
(1) for health care professionals: | ||
(A) name; | ||
(B) contact information; | ||
(C) participating office location or locations; | ||
(D) specialty, if applicable; | ||
(E) languages spoken other than English, if | ||
applicable; | ||
(F) whether accepting new patients; and | ||
(G) use of telehealth or telemedicine, including, | ||
but not limited to: | ||
(i) whether the provider offers the use of | ||
telehealth or telemedicine to deliver services to | ||
patients for whom it would be clinically | ||
appropriate; | ||
(ii) what modalities are used and what types | ||
of services may be provided via telehealth or | ||
telemedicine; and | ||
(iii) whether the provider has the ability and | ||
willingness to include in a telehealth or | ||
telemedicine encounter a family caregiver who is | ||
in a separate location than the patient if the |
patient wishes and provides his or her consent; | ||
(2) for hospitals: | ||
(A) hospital name; | ||
(B) hospital type (such as acute, rehabilitation, | ||
children's, or cancer); and | ||
(C) participating hospital location and telephone | ||
number; and | ||
(3) for facilities, other than hospitals, by type: | ||
(A) facility name; | ||
(B) facility type; | ||
(C) types of services performed; and | ||
(D) participating facility location or locations | ||
and telephone numbers. | ||
(e) The network plan shall include a disclosure in the | ||
print format provider directory that the information included | ||
in the directory is accurate as of the date of printing and | ||
that beneficiaries or prospective beneficiaries should consult | ||
the insurer's electronic provider directory on its website and | ||
contact the provider. The network plan shall also include a | ||
telephone number in the print format provider directory for a | ||
customer service representative where the beneficiary can | ||
obtain current provider directory information. | ||
(f) The Director may conduct periodic audits of the | ||
accuracy of provider directories. A network plan shall not be | ||
subject to any fines or penalties for information required in | ||
this Section that a provider submits that is inaccurate or |
incomplete. | ||
(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.) | ||
Section 360. The Health Maintenance Organization Act is | ||
amended by changing Section 5-3 as follows: | ||
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) | ||
Sec. 5-3. Insurance Code provisions. | ||
(a) Health Maintenance Organizations shall be subject to | ||
the provisions of Sections 133, 134, 136, 137, 139, 140, | ||
141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, | ||
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49, | ||
355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v, | ||
356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, | ||
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, | ||
356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, | ||
356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, | ||
356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35, | ||
356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44, | ||
356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, | ||
356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, | ||
356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68, | ||
364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, | ||
368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, | ||
408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection | ||
(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, |
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois | ||
Insurance Code. | ||
(b) For purposes of the Illinois Insurance Code, except | ||
for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||
Health Maintenance Organizations in the following categories | ||
are deemed to be "domestic companies": | ||
(1) a corporation authorized under the Dental Service | ||
Plan Act or the Voluntary Health Services Plans Act; | ||
(2) a corporation organized under the laws of this | ||
State; or | ||
(3) a corporation organized under the laws of another | ||
state, 30% or more of the enrollees of which are residents | ||
of this State, except a corporation subject to | ||
substantially the same requirements in its state of | ||
organization as is a "domestic company" under Article VIII | ||
1/2 of the Illinois Insurance Code. | ||
(c) In considering the merger, consolidation, or other | ||
acquisition of control of a Health Maintenance Organization | ||
pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||
(1) the Director shall give primary consideration to | ||
the continuation of benefits to enrollees and the | ||
financial conditions of the acquired Health Maintenance | ||
Organization after the merger, consolidation, or other | ||
acquisition of control takes effect; | ||
(2)(i) the criteria specified in subsection (1)(b) of | ||
Section 131.8 of the Illinois Insurance Code shall not |
apply and (ii) the Director, in making his determination | ||
with respect to the merger, consolidation, or other | ||
acquisition of control, need not take into account the | ||
effect on competition of the merger, consolidation, or | ||
other acquisition of control; | ||
(3) the Director shall have the power to require the | ||
following information: | ||
(A) certification by an independent actuary of the | ||
adequacy of the reserves of the Health Maintenance | ||
Organization sought to be acquired; | ||
(B) pro forma financial statements reflecting the | ||
combined balance sheets of the acquiring company and | ||
the Health Maintenance Organization sought to be | ||
acquired as of the end of the preceding year and as of | ||
a date 90 days prior to the acquisition, as well as pro | ||
forma financial statements reflecting projected | ||
combined operation for a period of 2 years; | ||
(C) a pro forma business plan detailing an | ||
acquiring party's plans with respect to the operation | ||
of the Health Maintenance Organization sought to be | ||
acquired for a period of not less than 3 years; and | ||
(D) such other information as the Director shall | ||
require. | ||
(d) The provisions of Article VIII 1/2 of the Illinois | ||
Insurance Code and this Section 5-3 shall apply to the sale by | ||
any health maintenance organization of greater than 10% of its |
enrollee population (including , without limitation , the health | ||
maintenance organization's right, title, and interest in and | ||
to its health care certificates). | ||
(e) In considering any management contract or service | ||
agreement subject to Section 141.1 of the Illinois Insurance | ||
Code, the Director (i) shall, in addition to the criteria | ||
specified in Section 141.2 of the Illinois Insurance Code, | ||
take into account the effect of the management contract or | ||
service agreement on the continuation of benefits to enrollees | ||
and the financial condition of the health maintenance | ||
organization to be managed or serviced, and (ii) need not take | ||
into account the effect of the management contract or service | ||
agreement on competition. | ||
(f) Except for small employer groups as defined in the | ||
Small Employer Rating, Renewability and Portability Health | ||
Insurance Act and except for medicare supplement policies as | ||
defined in Section 363 of the Illinois Insurance Code, a | ||
Health Maintenance Organization may by contract agree with a | ||
group or other enrollment unit to effect refunds or charge | ||
additional premiums under the following terms and conditions: | ||
(i) the amount of, and other terms and conditions with | ||
respect to, the refund or additional premium are set forth | ||
in the group or enrollment unit contract agreed in advance | ||
of the period for which a refund is to be paid or | ||
additional premium is to be charged (which period shall | ||
not be less than one year); and |
(ii) the amount of the refund or additional premium | ||
shall not exceed 20% of the Health Maintenance | ||
Organization's profitable or unprofitable experience with | ||
respect to the group or other enrollment unit for the | ||
period (and, for purposes of a refund or additional | ||
premium, the profitable or unprofitable experience shall | ||
be calculated taking into account a pro rata share of the | ||
Health Maintenance Organization's administrative and | ||
marketing expenses, but shall not include any refund to be | ||
made or additional premium to be paid pursuant to this | ||
subsection (f)). The Health Maintenance Organization and | ||
the group or enrollment unit may agree that the profitable | ||
or unprofitable experience may be calculated taking into | ||
account the refund period and the immediately preceding 2 | ||
plan years. | ||
The Health Maintenance Organization shall include a | ||
statement in the evidence of coverage issued to each enrollee | ||
describing the possibility of a refund or additional premium, | ||
and upon request of any group or enrollment unit, provide to | ||
the group or enrollment unit a description of the method used | ||
to calculate (1) the Health Maintenance Organization's | ||
profitable experience with respect to the group or enrollment | ||
unit and the resulting refund to the group or enrollment unit | ||
or (2) the Health Maintenance Organization's unprofitable | ||
experience with respect to the group or enrollment unit and | ||
the resulting additional premium to be paid by the group or |
enrollment unit. | ||
In no event shall the Illinois Health Maintenance | ||
Organization Guaranty Association be liable to pay any | ||
contractual obligation of an insolvent organization to pay any | ||
refund authorized under this Section. | ||
(g) Rulemaking authority to implement Public Act 95-1045, | ||
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. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||
eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||
102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||
1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, | ||
eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||
103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||
6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||
eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.) | ||
Section 365. The Limited Health Service Organization Act | ||
is amended by changing Sections 3006 and 4003 as follows: | ||
(215 ILCS 130/3006) (from Ch. 73, par. 1503-6) |
Sec. 3006. Changes in rate methodology and benefits; | ||
material modifications; addition of limited health services. | ||
(a) A limited health service organization shall file with | ||
the Director prior to use, a notice of any change in rate | ||
methodology, charges , or benefits and of any material | ||
modification of any matter or document furnished pursuant to | ||
Section 2001, together with such supporting documents as are | ||
necessary to fully explain the change or modification. | ||
(1) Contract modifications described in paragraphs (5) | ||
and (6) of subsection (c) of Section 2001 shall include | ||
all agreements between the organization and enrollees, | ||
providers, administrators of services , and insurers of | ||
limited health services; also other material transactions | ||
or series of transactions, the total annual value of which | ||
exceeds the greater of $100,000 or 5% of net earned | ||
subscription revenue for the most current 12-month 12 | ||
month period as determined from filed financial | ||
statements. | ||
(2) Contract modification for reinsurance. Any | ||
agreement between the organization and an insurer shall be | ||
subject to the provisions of Article XI of the Illinois | ||
Insurance Code, as now or hereafter amended. All | ||
reinsurance agreements must be filed with the Director. | ||
Approval of the Director in required agreements must be | ||
filed. Approval of the director is required for all | ||
agreements except individual stop loss, aggregate excess, |
hospitalization benefits , or out-of-area of the | ||
participating providers, unless 20% or more of the | ||
organization's total risk is reinsured, in which case all | ||
reinsurance agreements shall require approval. | ||
(b) If a limited health service organization desires to | ||
add one or more additional limited health services, it shall | ||
file a notice with the Director and, at the same time, submit | ||
the information required by Section 2001 if different from | ||
that filed with the prepaid limited health service | ||
organization's application. Issuance of such an amended | ||
certificate of authority shall be subject to the conditions of | ||
Section 2002 of this Act. | ||
(c) In addition to any applicable provisions of this Act, | ||
premium rate filings shall be subject to subsection (i) of | ||
Section 355 of the Illinois Insurance Code. | ||
(Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.) | ||
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3) | ||
Sec. 4003. Illinois Insurance Code provisions. Limited | ||
health service organizations shall be subject to the | ||
provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, | ||
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, | ||
154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2, | ||
355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, | ||
356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, | ||
356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, |
356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3, | ||
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, | ||
and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII | ||
1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in | ||
this Section shall require a limited health care plan to cover | ||
any service that is not a limited health service. For purposes | ||
of the Illinois Insurance Code, except for Sections 444 and | ||
444.1 and Articles XIII and XIII 1/2, limited health service | ||
organizations in the following categories are deemed to be | ||
domestic companies: | ||
(1) a corporation under the laws of this State; or | ||
(2) a corporation organized under the laws of another | ||
state, 30% or more of the enrollees of which are residents | ||
of this State, except a corporation subject to | ||
substantially the same requirements in its state of | ||
organization as is a domestic company under Article VIII | ||
1/2 of the Illinois Insurance Code. | ||
(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. | ||
1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, | ||
eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||
1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||
eff. 1-1-24; revised 8-29-23.) | ||
Section 370. The Voluntary Health Services Plans Act is |
amended by changing Section 10 as follows: | ||
(215 ILCS 165/10) (from Ch. 32, par. 604) | ||
Sec. 10. Application of Insurance Code provisions. Health | ||
services plan corporations and all persons interested therein | ||
or dealing therewith shall be subject to the provisions of | ||
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, | ||
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, | ||
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w, | ||
356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, | ||
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, | ||
356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, | ||
356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, | ||
356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, | ||
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, | ||
356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402, | ||
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of | ||
Section 367 of the Illinois Insurance Code. | ||
Rulemaking authority to implement Public Act 95-1045, 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. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||
102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. |
10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, | ||
eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||
102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. | ||
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||
103-551, eff. 8-11-23; revised 8-29-23.) | ||
Section 375. The Public Utilities Act is amended by | ||
changing Sections 8-205, 9-222.1A, and 9-229 as follows: | ||
(220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205) | ||
Sec. 8-205. (a) Termination of gas and electric utility | ||
service to all residential users, including all tenants of | ||
mastermetered apartment buildings, for nonpayment of bills, | ||
where gas or electricity is used as the only source of space | ||
heating or to control or operate the only space heating | ||
equipment at the residence is prohibited : , | ||
(1) on any day when the National Weather Service | ||
forecast for the following 24 hours covering the area of | ||
the utility in which the residence is located includes a | ||
forecast that the temperature will be 32 degrees | ||
Fahrenheit or below; or | ||
(2) on any day preceding a holiday or a weekend when | ||
such a forecast indicated that the temperature will be 32 | ||
degrees Fahrenheit or below during the holiday or weekend. | ||
(b) If gas or electricity is used as the only source of |
space cooling or to control or operate the only space cooling | ||
equipment at a residence, then a utility may not terminate gas | ||
or electric utility service to a residential user, including | ||
all tenants of mastermetered apartment buildings, for | ||
nonpayment of bills: | ||
(1) on any day when the National Weather Service | ||
forecast for the following 24 hours covering the area of | ||
the utility in which the residence is located includes a | ||
forecast that the temperature will be 90 degrees | ||
Fahrenheit or above; | ||
(2) on any day preceding a holiday or weekend when the | ||
National Weather Service for the following 24 hours | ||
covering the area of the utility in which the residence is | ||
located includes a forecast that the temperature will be | ||
90 degrees Fahrenheit or above during the holiday or | ||
weekend; or | ||
(3) when the National Weather Service issues an | ||
excessive heat watch, heat advisory, or excessive heat | ||
warning covering the area of the utility in which the | ||
residence is located. | ||
(Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.) | ||
(220 ILCS 5/9-222.1A) | ||
Sec. 9-222.1A. High impact business. Beginning on August | ||
1, 1998 and thereafter, a business enterprise that is | ||
certified as a High Impact Business by the Department of |
Commerce and Economic Opportunity (formerly Department of | ||
Commerce and Community Affairs) is exempt from the tax imposed | ||
by Section 2-4 of the Electricity Excise Tax Law, if the High | ||
Impact Business is registered to self-assess that tax, and is | ||
exempt from any additional charges added to the business | ||
enterprise's utility bills as a pass-on of State utility taxes | ||
under Section 9-222 of this Act, to the extent the tax or | ||
charges are exempted by the percentage specified by the | ||
Department of Commerce and Economic Opportunity for State | ||
utility taxes, provided the business enterprise meets the | ||
following criteria: | ||
(1) (A) it intends either (i) to make a minimum | ||
eligible investment of $12,000,000 that will be placed | ||
in service in qualified property in Illinois and is | ||
intended to create at least 500 full-time equivalent | ||
jobs at a designated location in Illinois; or (ii) to | ||
make a minimum eligible investment of $30,000,000 that | ||
will be placed in service in qualified property in | ||
Illinois and is intended to retain at least 1,500 | ||
full-time equivalent jobs at a designated location in | ||
Illinois; or | ||
(B) it meets the criteria of subdivision | ||
(a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or | ||
(a)(3)(G) , or (a)(3)(H) of Section 5.5 of the Illinois | ||
Enterprise Zone Act; | ||
(2) it is designated as a High Impact Business by the |
Department of Commerce and Economic Opportunity; and | ||
(3) it is certified by the Department of Commerce and | ||
Economic Opportunity as complying with the requirements | ||
specified in clauses (1) and (2) of this Section. | ||
The Department of Commerce and Economic Opportunity shall | ||
determine the period during which the exemption from the | ||
Electricity Excise Tax Law and the charges imposed under | ||
Section 9-222 are in effect and shall specify the percentage | ||
of the exemption from those taxes or additional charges. | ||
The Department of Commerce and Economic Opportunity is | ||
authorized to promulgate rules and regulations to carry out | ||
the provisions of this Section, including procedures for | ||
complying with the requirements specified in clauses (1) and | ||
(2) of this Section and procedures for applying for the | ||
exemptions authorized under this Section; to define the | ||
amounts and types of eligible investments that business | ||
enterprises must make in order to receive State utility tax | ||
exemptions or exemptions from the additional charges imposed | ||
under Section 9-222 and this Section; to approve such utility | ||
tax exemptions for business enterprises whose investments are | ||
not yet placed in service; and to require that business | ||
enterprises granted tax exemptions or exemptions from | ||
additional charges under Section 9-222 repay the exempted | ||
amount if the business enterprise fails to comply with the | ||
terms and conditions of the certification. | ||
Upon certification of the business enterprises by the |
Department of Commerce and Economic Opportunity, the | ||
Department of Commerce and Economic Opportunity shall notify | ||
the Department of Revenue of the certification. The Department | ||
of Revenue shall notify the public utilities of the exemption | ||
status of business enterprises from the tax or pass-on charges | ||
of State utility taxes. The exemption status shall take effect | ||
within 3 months after certification of the business | ||
enterprise. | ||
(Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23; | ||
103-561, eff. 1-1-24; revised 11-21-23.) | ||
(220 ILCS 5/9-229) | ||
Sec. 9-229. Consideration of attorney and expert | ||
compensation as an expense and intervenor compensation fund. | ||
(a) The Commission shall specifically assess the justness | ||
and reasonableness of any amount expended by a public utility | ||
to compensate attorneys or technical experts to prepare and | ||
litigate a general rate case filing. This issue shall be | ||
expressly addressed in the Commission's final order. | ||
(b) The State of Illinois shall create a Consumer | ||
Intervenor Compensation Fund subject to the following: | ||
(1) Provision of compensation for Consumer Interest | ||
Representatives that intervene in Illinois Commerce | ||
Commission proceedings will increase public engagement, | ||
encourage additional transparency, expand the information | ||
available to the Commission, and improve decision-making. |
(2) As used in this Section, "Consumer interest | ||
representative" means: | ||
(A) a residential utility customer or group of | ||
residential utility customers represented by a | ||
not-for-profit group or organization registered with | ||
the Illinois Attorney General under the Solicitation | ||
for of Charity Act; | ||
(B) representatives of not-for-profit groups or | ||
organizations whose membership is limited to | ||
residential utility customers; or | ||
(C) representatives of not-for-profit groups or | ||
organizations whose membership includes Illinois | ||
residents and that address the community, economic, | ||
environmental, or social welfare of Illinois | ||
residents, except government agencies or intervenors | ||
specifically authorized by Illinois law to participate | ||
in Commission proceedings on behalf of Illinois | ||
consumers. | ||
(3) A consumer interest representative is eligible to | ||
receive compensation from the consumer intervenor | ||
compensation fund if its participation included lay or | ||
expert testimony or legal briefing and argument concerning | ||
the expenses, investments, rate design, rate impact, or | ||
other matters affecting the pricing, rates, costs or other | ||
charges associated with utility service, the Commission | ||
adopts a material recommendation related to a significant |
issue in the docket, and participation caused a | ||
significant financial hardship to the participant; | ||
however, no consumer interest representative shall be | ||
eligible to receive an award pursuant to this Section if | ||
the consumer interest representative receives any | ||
compensation, funding, or donations, directly or | ||
indirectly, from parties that have a financial interest in | ||
the outcome of the proceeding. | ||
(4) Within 30 days after September 15, 2021 ( the | ||
effective date of Public Act 102-662) this amendatory Act | ||
of the 102nd General Assembly , each utility that files a | ||
request for an increase in rates under Article IX or | ||
Article XVI shall deposit an amount equal to one half of | ||
the rate case attorney and expert expense allowed by the | ||
Commission, but not to exceed $500,000, into the fund | ||
within 35 days of the date of the Commission's final Order | ||
in the rate case or 20 days after the denial of rehearing | ||
under Section 10-113 of this Act, whichever is later. The | ||
Consumer Intervenor Compensation Fund shall be used to | ||
provide payment to consumer interest representatives as | ||
described in this Section. | ||
(5) An electric public utility with 3,000,000 or more | ||
retail customers shall contribute $450,000 to the Consumer | ||
Intervenor Compensation Fund within 60 days after | ||
September 15, 2021 ( the effective date of Public Act | ||
102-662) this amendatory Act of the 102nd General |
Assembly . A combined electric and gas public utility | ||
serving fewer than 3,000,000 but more than 500,000 retail | ||
customers shall contribute $225,000 to the Consumer | ||
Intervenor Compensation Fund within 60 days after | ||
September 15, 2021 ( the effective date of Public Act | ||
102-662) this amendatory Act of the 102nd General | ||
Assembly . A gas public utility with 1,500,000 or more | ||
retail customers that is not a combined electric and gas | ||
public utility shall contribute $225,000 to the Consumer | ||
Intervenor Compensation Fund within 60 days after | ||
September 15, 2021 ( the effective date of Public Act | ||
102-662) this amendatory Act of the 102nd General | ||
Assembly . A gas public utility with fewer than 1,500,000 | ||
retail customers but more than 300,000 retail customers | ||
that is not a combined electric and gas public utility | ||
shall contribute $80,000 to the Consumer Intervenor | ||
Compensation Fund within 60 days after September 15, 2021 | ||
( the effective date of Public Act 102-662) this amendatory | ||
Act of the 102nd General Assembly . A gas public utility | ||
with fewer than 300,000 retail customers that is not a | ||
combined electric and gas public utility shall contribute | ||
$20,000 to the Consumer Intervenor Compensation Fund | ||
within 60 days after September 15, 2021 ( the effective | ||
date of Public Act 102-662) this amendatory Act of the | ||
102nd General Assembly . A combined electric and gas public | ||
utility serving fewer than 500,000 retail customers shall |
contribute $20,000 to the Consumer Intervenor Compensation | ||
Fund within 60 days after September 15, 2021 ( the | ||
effective date of Public Act 102-662) this amendatory Act | ||
of the 102nd General Assembly . A water or sewer public | ||
utility serving more than 100,000 retail customers shall | ||
contribute $80,000, and a water or sewer public utility | ||
serving fewer than 100,000 but more than 10,000 retail | ||
customers shall contribute $20,000. | ||
(6)(A) Prior to the entry of a Final Order in a | ||
docketed case, the Commission Administrator shall provide | ||
a payment to a consumer interest representative that | ||
demonstrates through a verified application for funding | ||
that the consumer interest representative's participation | ||
or intervention without an award of fees or costs imposes | ||
a significant financial hardship based on a schedule to be | ||
developed by the Commission. The Administrator may require | ||
verification of costs incurred, including statements of | ||
hours spent, as a condition to paying the consumer | ||
interest representative prior to the entry of a Final | ||
Order in a docketed case. | ||
(B) If the Commission adopts a material recommendation | ||
related to a significant issue in the docket and | ||
participation caused a financial hardship to the | ||
participant, then the consumer interest representative | ||
shall be allowed payment for some or all of the consumer | ||
interest representative's reasonable attorney's or |
advocate's fees, reasonable expert witness fees, and other | ||
reasonable costs of preparation for and participation in a | ||
hearing or proceeding. Expenses related to travel or meals | ||
shall not be compensable. | ||
(C) The consumer interest representative shall submit | ||
an itemized request for compensation to the Consumer | ||
Intervenor Compensation Fund, including the advocate's or | ||
attorney's reasonable fee rate, the number of hours | ||
expended, reasonable expert and expert witness fees, and | ||
other reasonable costs for the preparation for and | ||
participation in the hearing and briefing within 30 days | ||
of the Commission's final order after denial or decision | ||
on rehearing, if any. | ||
(7) Administration of the Fund. | ||
(A) The Consumer Intervenor Compensation Fund is | ||
created as a special fund in the State treasury. All | ||
disbursements from the Consumer Intervenor Compensation | ||
Fund shall be made only upon warrants of the Comptroller | ||
drawn upon the Treasurer as custodian of the Fund upon | ||
vouchers signed by the Executive Director of the | ||
Commission or by the person or persons designated by the | ||
Director for that purpose. The Comptroller is authorized | ||
to draw the warrant upon vouchers so signed. The Treasurer | ||
shall accept all warrants so signed and shall be released | ||
from liability for all payments made on those warrants. | ||
The Consumer Intervenor Compensation Fund shall be |
administered by an Administrator that is a person or | ||
entity that is independent of the Commission. The | ||
administrator will be responsible for the prudent | ||
management of the Consumer Intervenor Compensation Fund | ||
and for recommendations for the award of consumer | ||
intervenor compensation from the Consumer Intervenor | ||
Compensation Fund. The Commission shall issue a request | ||
for qualifications for a third-party program administrator | ||
to administer the Consumer Intervenor Compensation Fund. | ||
The third-party administrator shall be chosen through a | ||
competitive bid process based on selection criteria and | ||
requirements developed by the Commission. The Illinois | ||
Procurement Code does not apply to the hiring or payment | ||
of the Administrator. All Administrator costs may be paid | ||
for using monies from the Consumer Intervenor Compensation | ||
Fund, but the Program Administrator shall strive to | ||
minimize costs in the implementation of the program. | ||
(B) The computation of compensation awarded from the | ||
fund shall take into consideration the market rates paid | ||
to persons of comparable training and experience who offer | ||
similar services, but may not exceed the comparable market | ||
rate for services paid by the public utility as part of its | ||
rate case expense. | ||
(C)(1) Recommendations on the award of compensation by | ||
the administrator shall include consideration of whether | ||
the Commission adopted a material recommendation related |
to a significant issue in the docket and whether | ||
participation caused a financial hardship to the | ||
participant and the payment of compensation is fair, just | ||
and reasonable. | ||
(2) Recommendations on the award of compensation by | ||
the administrator shall be submitted to the Commission for | ||
approval. Unless the Commission initiates an investigation | ||
within 45 days after the notice to the Commission, the | ||
award of compensation shall be allowed 45 days after | ||
notice to the Commission. Such notice shall be given by | ||
filing with the Commission on the Commission's e-docket | ||
system, and keeping open for public inspection the award | ||
for compensation proposed by the Administrator. The | ||
Commission shall have power, and it is hereby given | ||
authority, either upon complaint or upon its own | ||
initiative without complaint, at once, and if it so | ||
orders, without answer or other formal pleadings, but upon | ||
reasonable notice, to enter upon a hearing concerning the | ||
propriety of the award. | ||
(c) The Commission may adopt rules to implement this | ||
Section. | ||
(Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.) | ||
Section 380. The Child Care Act of 1969 is amended by | ||
changing Sections 5.1, 7.2, and 18 as follows: |
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) | ||
Sec. 5.1. (a) The Department shall ensure that no day care | ||
center, group home , or child care institution as defined in | ||
this Act shall on a regular basis transport a child or children | ||
with any motor vehicle unless such vehicle is operated by a | ||
person who complies with the following requirements: | ||
1. is 21 years of age or older; | ||
2. currently holds a valid driver's license, which has | ||
not been revoked or suspended for one or more traffic | ||
violations during the 3 years immediately prior to the | ||
date of application; | ||
3. demonstrates physical fitness to operate vehicles | ||
by submitting the results of a medical examination | ||
conducted by a licensed physician; | ||
4. has not been convicted of more than 2 offenses | ||
against traffic regulations governing the movement of | ||
vehicles within a 12-month twelve month period; | ||
5. has not been convicted of reckless driving or | ||
driving under the influence or manslaughter or reckless | ||
homicide resulting from the operation of a motor vehicle | ||
within the past 3 years; | ||
6. has signed and submitted a written statement | ||
certifying that the person has not, through the unlawful | ||
operation of a motor vehicle, caused a crash which | ||
resulted in the death of any person within the 5 years | ||
immediately prior to the date of application. |
However, such day care centers, group homes , and child | ||
care institutions may provide for transportation of a child or | ||
children for special outings, functions , or purposes that are | ||
not scheduled on a regular basis without verification that | ||
drivers for such purposes meet the requirements of this | ||
Section. | ||
(a-5) As a means of ensuring compliance with the | ||
requirements set forth in subsection (a), the Department shall | ||
implement appropriate measures to verify that every individual | ||
who is employed at a group home or child care institution meets | ||
those requirements. | ||
For every person employed at a group home or child care | ||
institution who regularly transports children in the course of | ||
performing the person's duties, the Department must make the | ||
verification every 2 years. Upon the Department's request, the | ||
Secretary of State shall provide the Department with the | ||
information necessary to enable the Department to make the | ||
verifications required under subsection (a). | ||
In the case of an individual employed at a group home or | ||
child care institution who becomes subject to subsection (a) | ||
for the first time after January 1, 2007 ( the effective date of | ||
Public Act 94-943) this amendatory Act of the 94th General | ||
Assembly , the Department must make that verification with the | ||
Secretary of State before the individual operates a motor | ||
vehicle to transport a child or children under the | ||
circumstances described in subsection (a). |
In the case of an individual employed at a group home or | ||
child care institution who is subject to subsection (a) on | ||
January 1, 2007 ( the effective date of Public Act 94-943) this | ||
amendatory Act of the 94th General Assembly , the Department | ||
must make that verification with the Secretary of State within | ||
30 days after January 1, 2007 that effective date . | ||
If the Department discovers that an individual fails to | ||
meet the requirements set forth in subsection (a), the | ||
Department shall promptly notify the appropriate group home or | ||
child care institution. | ||
(b) Any individual who holds a valid Illinois school bus | ||
driver permit issued by the Secretary of State pursuant to the | ||
The Illinois Vehicle Code, and who is currently employed by a | ||
school district or parochial school, or by a contractor with a | ||
school district or parochial school, to drive a school bus | ||
transporting children to and from school, shall be deemed in | ||
compliance with the requirements of subsection (a). | ||
(c) The Department may, pursuant to Section 8 of this Act, | ||
revoke the license of any day care center, group home , or child | ||
care institution that fails to meet the requirements of this | ||
Section. | ||
(d) A group home or child care institution that fails to | ||
meet the requirements of this Section is guilty of a petty | ||
offense and is subject to a fine of not more than $1,000. Each | ||
day that a group home or child care institution fails to meet | ||
the requirements of this Section is a separate offense. |
(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||
revised 9-21-23.) | ||
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) | ||
Sec. 7.2. Employer discrimination. | ||
(a) For purposes of this Section : , | ||
"Employer" "employer" means a licensee or holder of a | ||
permit subject to this Act. | ||
"Employee" means an employee of such an employer. | ||
(b) No employer shall discharge, demote , or suspend, or | ||
threaten to discharge, demote , or suspend, or in any manner | ||
discriminate against any employee who: | ||
(1) Makes any good faith oral or written complaint of | ||
any employer's violation of any licensing or other laws | ||
(including , but not limited to , laws concerning child | ||
abuse or the transportation of children) which may result | ||
in closure of the facility pursuant to Section 11.2 of | ||
this Act to the Department or other agency having | ||
statutory responsibility for the enforcement of such laws | ||
or to the employer or representative of the employer; | ||
(2) Institutes or causes to be instituted against any | ||
employer any proceeding concerning the violation of any | ||
licensing or other laws, including a proceeding to revoke | ||
or to refuse to renew a license under Section 9 of this | ||
Act; | ||
(3) Is or will be a witness or testify in any |
proceeding concerning the violation of any licensing or | ||
other laws, including a proceeding to revoke or to refuse | ||
to renew a license under Section 9 of this Act; or | ||
(4) Refuses to perform work in violation of a | ||
licensing or other law or regulation after notifying the | ||
employer of the violation. | ||
(c)(1) A claim by an employee alleging an employer's | ||
violation of subsection (b) of this Section shall be presented | ||
to the employer within 30 days after the date of the action | ||
complained of and shall be filed with the Department of Labor | ||
within 60 days after the date of the action complained of. | ||
(2) Upon receipt of the complaint, the Department of Labor | ||
shall conduct whatever investigation it deems appropriate, and | ||
may hold a hearing. After investigation or hearing, the | ||
Department of Labor shall determine whether the employer has | ||
violated subsection (b) of this Section and it shall notify | ||
the employer and the employee of its determination. | ||
(3) If the Department of Labor determines that the | ||
employer has violated subsection (b) of this Section, and the | ||
employer refuses to take remedial action to comply with the | ||
determination, the Department of Labor shall so notify the | ||
Attorney General, who shall bring an action against the | ||
employer in the circuit court seeking enforcement of its | ||
determination. The court may order any appropriate relief, | ||
including rehiring and reinstatement of the employee to the | ||
person's former position with backpay and other benefits. |
(d) Except for any grievance procedure, arbitration , or | ||
hearing which is available to the employee pursuant to a | ||
collective bargaining agreement, this Section shall be the | ||
exclusive remedy for an employee complaining of any action | ||
described in subsection (b). | ||
(e) Any employer who willfully refuses to rehire, promote , | ||
or otherwise restore an employee or former employee who has | ||
been determined eligible for rehiring or promotion as a result | ||
of any grievance procedure, arbitration , or hearing authorized | ||
by law shall be guilty of a Class A misdemeanor. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) | ||
(225 ILCS 10/18) (from Ch. 23, par. 2228) | ||
Sec. 18. Any person, group of persons, association , or | ||
corporation who : | ||
(1) conducts, operates , or acts as a child care facility | ||
without a license or permit to do so in violation of Section 3 | ||
of this Act; | ||
(2) makes materially false statements in order to obtain a | ||
license or permit; | ||
(3) fails to keep the records and make the reports | ||
provided under this Act; | ||
(4) advertises any service not authorized by license or | ||
permit held; | ||
(5) publishes any advertisement in violation of this Act; | ||
(6) receives within this State any child in violation of |
Section 16 of this Act; or | ||
(7) violates any other provision of this Act or any | ||
reasonable rule or regulation adopted and published by the | ||
Department for the enforcement of the provisions of this Act, | ||
is guilty of a Class A misdemeanor and in case of an | ||
association or corporation, imprisonment may be imposed upon | ||
its officers who knowingly participated in the violation. | ||
Any child care facility that continues to operate after | ||
its license is revoked under Section 8 of this Act or after its | ||
license expires and the Department refused to renew the | ||
license as provided in Section 8 of this Act is guilty of a | ||
business offense and shall be fined an amount in excess of $500 | ||
but not exceeding $10,000, and each day of violation is a | ||
separate offense. | ||
In a prosecution under this Act, a defendant who relies | ||
upon the relationship of any child to the defendant has the | ||
burden of proof as to that relationship. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) | ||
Section 385. The Illinois Dental Practice Act is amended | ||
by changing Sections 4 and 17 as follows: | ||
(225 ILCS 25/4) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 4. Definitions. As used in this Act: | ||
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Board" means the Board of Dentistry. | ||
"Dentist" means a person who has received a general | ||
license pursuant to paragraph (a) of Section 11 of this Act and | ||
who may perform any intraoral and extraoral procedure required | ||
in the practice of dentistry and to whom is reserved the | ||
responsibilities specified in Section 17. | ||
"Dental hygienist" means a person who holds a license | ||
under this Act to perform dental services as authorized by | ||
Section 18. | ||
"Dental assistant" means an appropriately trained person | ||
who, under the supervision of a dentist, provides dental | ||
services as authorized by Section 17. | ||
"Expanded function dental assistant" means a dental | ||
assistant who has completed the training required by Section | ||
17.1 of this Act. | ||
"Dental laboratory" means a person, firm, or corporation |
which: | ||
(i) engages in making, providing, repairing, or | ||
altering dental prosthetic appliances and other artificial | ||
materials and devices which are returned to a dentist for | ||
insertion into the human oral cavity or which come in | ||
contact with its adjacent structures and tissues; and | ||
(ii) utilizes or employs a dental technician to | ||
provide such services; and | ||
(iii) performs such functions only for a dentist or | ||
dentists. | ||
"Supervision" means supervision of a dental hygienist or a | ||
dental assistant requiring that a dentist authorize the | ||
procedure, remain in the dental facility while the procedure | ||
is performed, and approve the work performed by the dental | ||
hygienist or dental assistant before dismissal of the patient, | ||
but does not mean that the dentist must be present at all times | ||
in the treatment room. | ||
"General supervision" means supervision of a dental | ||
hygienist requiring that the patient be a patient of record, | ||
that the dentist examine the patient in accordance with | ||
Section 18 prior to treatment by the dental hygienist, and | ||
that the dentist authorize the procedures which are being | ||
carried out by a notation in the patient's record, but not | ||
requiring that a dentist be present when the authorized | ||
procedures are being performed. The issuance of a prescription | ||
to a dental laboratory by a dentist does not constitute |
general supervision. | ||
"Public member" means a person who is not a health | ||
professional. For purposes of board membership, any person | ||
with a significant financial interest in a health service or | ||
profession is not a public member. | ||
"Dentistry" means the healing art which is concerned with | ||
the examination, diagnosis, treatment planning, and care of | ||
conditions within the human oral cavity and its adjacent | ||
tissues and structures, as further specified in Section 17. | ||
"Branches of dentistry" means the various specialties of | ||
dentistry which, for purposes of this Act, shall be limited to | ||
the following: endodontics, oral and maxillofacial surgery, | ||
orthodontics and dentofacial orthopedics, pediatric dentistry, | ||
periodontics, prosthodontics, oral and maxillofacial | ||
radiology, and dental anesthesiology. | ||
"Specialist" means a dentist who has received a specialty | ||
license pursuant to Section 11(b). | ||
"Dental technician" means a person who owns, operates, or | ||
is employed by a dental laboratory and engages in making, | ||
providing, repairing, or altering dental prosthetic appliances | ||
and other artificial materials and devices which are returned | ||
to a dentist for insertion into the human oral cavity or which | ||
come in contact with its adjacent structures and tissues. | ||
"Impaired dentist" or "impaired dental hygienist" means a | ||
dentist or dental hygienist who is unable to practice with | ||
reasonable skill and safety because of a physical or mental |
disability as evidenced by a written determination or written | ||
consent based on clinical evidence, including deterioration | ||
through the aging process, loss of motor skills, abuse of | ||
drugs or alcohol, or a psychiatric disorder, of sufficient | ||
degree to diminish the person's ability to deliver competent | ||
patient care. | ||
"Nurse" means a registered professional nurse, a certified | ||
registered nurse anesthetist licensed as an advanced practice | ||
registered nurse, or a licensed practical nurse licensed under | ||
the Nurse Practice Act. | ||
"Patient of record" means a patient for whom the patient's | ||
most recent dentist has obtained a relevant medical and dental | ||
history and on whom the dentist has performed an examination | ||
and evaluated the condition to be treated. | ||
"Dental responder" means a dentist or dental hygienist who | ||
is appropriately certified in disaster preparedness, | ||
immunizations, and dental humanitarian medical response | ||
consistent with the Society of Disaster Medicine and Public | ||
Health and training certified by the National Incident | ||
Management System or the National Disaster Life Support | ||
Foundation. | ||
"Mobile dental van or portable dental unit" means any | ||
self-contained or portable dental unit in which dentistry is | ||
practiced that can be moved, towed, or transported from one | ||
location to another in order to establish a location where | ||
dental services can be provided. |
"Public health dental hygienist" means a hygienist who | ||
holds a valid license to practice in the State, has 2 years of | ||
full-time clinical experience or an equivalent of 4,000 hours | ||
of clinical experience, and has completed at least 42 clock | ||
hours of additional structured courses in dental education in | ||
advanced areas specific to public health dentistry. | ||
"Public health setting" means a federally qualified health | ||
center; a federal, State, or local public health facility; | ||
Head Start; a special supplemental nutrition program for | ||
Women, Infants, and Children (WIC) facility; a certified | ||
school-based health center or school-based oral health | ||
program; a prison; or a long-term care facility. | ||
"Public health supervision" means the supervision of a | ||
public health dental hygienist by a licensed dentist who has a | ||
written public health supervision agreement with that public | ||
health dental hygienist while working in an approved facility | ||
or program that allows the public health dental hygienist to | ||
treat patients, without a dentist first examining the patient | ||
and being present in the facility during treatment, (1) who | ||
are eligible for Medicaid or (2) who are uninsured or whose | ||
household income is not greater than 300% of the federal | ||
poverty level. | ||
"Teledentistry" means the use of telehealth systems and | ||
methodologies in dentistry and includes patient care and | ||
education delivery using synchronous and asynchronous | ||
communications under a dentist's authority as provided under |
this Act. | ||
(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||
102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||
1-1-24; revised 12-15-23.) | ||
(225 ILCS 25/17) | ||
(Section scheduled to be repealed on January 1, 2026) | ||
Sec. 17. Acts constituting the practice of dentistry. A | ||
person practices dentistry, within the meaning of this Act: | ||
(1) Who represents himself or herself as being able to | ||
diagnose or diagnoses, treats, prescribes, or operates for | ||
any disease, pain, deformity, deficiency, injury, or | ||
physical condition of the human tooth, teeth, alveolar | ||
process, gums, or jaw; or | ||
(2) Who is a manager, proprietor, operator, or | ||
conductor of a business where dental operations are | ||
performed; or | ||
(3) Who performs dental operations of any kind; or | ||
(4) Who uses an X-Ray machine or X-Ray films for | ||
dental diagnostic purposes; or | ||
(5) Who extracts a human tooth or teeth, or corrects | ||
or attempts to correct malpositions of the human teeth or | ||
jaws; or | ||
(6) Who offers or undertakes, by any means or method, | ||
to diagnose, treat, or remove stains, calculus, and | ||
bonding materials from human teeth or jaws; or |
(7) Who uses or administers local or general | ||
anesthetics in the treatment of dental or oral diseases or | ||
in any preparation incident to a dental operation of any | ||
kind or character; or | ||
(8) Who takes material or digital scans for final | ||
impressions of the human tooth, teeth, or jaws or performs | ||
any phase of any operation incident to the replacement of | ||
a part of a tooth, a tooth, teeth, or associated tissues by | ||
means of a filling, a crown, a bridge, a denture, or other | ||
appliance; or | ||
(9) Who offers to furnish, supply, construct, | ||
reproduce, or repair, or who furnishes, supplies, | ||
constructs, reproduces, or repairs, prosthetic dentures, | ||
bridges, or other substitutes for natural teeth , to the | ||
user or prospective user thereof; or | ||
(10) Who instructs students on clinical matters or | ||
performs any clinical operation included in the curricula | ||
of recognized dental schools and colleges; or | ||
(11) Who takes material or digital scans for final | ||
impressions of human teeth or places his or her hands in | ||
the mouth of any person for the purpose of applying teeth | ||
whitening materials, or who takes impressions of human | ||
teeth or places his or her hands in the mouth of any person | ||
for the purpose of assisting in the application of teeth | ||
whitening materials. A person does not practice dentistry | ||
when he or she discloses to the consumer that he or she is |
not licensed as a dentist under this Act and (i) discusses | ||
the use of teeth whitening materials with a consumer | ||
purchasing these materials; (ii) provides instruction on | ||
the use of teeth whitening materials with a consumer | ||
purchasing these materials; or (iii) provides appropriate | ||
equipment on-site to the consumer for the consumer to | ||
self-apply teeth whitening materials. | ||
The fact that any person engages in or performs, or offers | ||
to engage in or perform, any of the practices, acts, or | ||
operations set forth in this Section, shall be prima facie | ||
evidence that such person is engaged in the practice of | ||
dentistry. | ||
The following practices, acts, and operations, however, | ||
are exempt from the operation of this Act: | ||
(a) The rendering of dental relief in emergency cases | ||
in the practice of his or her profession by a physician or | ||
surgeon, licensed as such under the laws of this State, | ||
unless he or she undertakes to reproduce or reproduces | ||
lost parts of the human teeth in the mouth or to restore or | ||
replace lost or missing teeth in the mouth; or | ||
(b) The practice of dentistry in the discharge of | ||
their official duties by dentists in any branch of the | ||
Armed Services of the United States, the United States | ||
Public Health Service, or the United States Veterans | ||
Administration; or | ||
(c) The practice of dentistry by students in their |
course of study in dental schools or colleges approved by | ||
the Department, when acting under the direction and | ||
supervision of dentists acting as instructors; or | ||
(d) The practice of dentistry by clinical instructors | ||
in the course of their teaching duties in dental schools | ||
or colleges approved by the Department: | ||
(i) when acting under the direction and | ||
supervision of dentists, provided that such clinical | ||
instructors have instructed continuously in this State | ||
since January 1, 1986; or | ||
(ii) when holding the rank of full professor at | ||
such approved dental school or college and possessing | ||
a current valid license or authorization to practice | ||
dentistry in another country; or | ||
(e) The practice of dentistry by licensed dentists of | ||
other states or countries at meetings of the Illinois | ||
State Dental Society or component parts thereof, alumni | ||
meetings of dental colleges, or any other like dental | ||
organizations, while appearing as clinicians; or | ||
(f) The use of X-Ray machines for exposing X-Ray films | ||
of dental or oral tissues by dental hygienists or dental | ||
assistants; or | ||
(g) The performance of any dental service by a dental | ||
assistant, if such service is performed under the | ||
supervision and full responsibility of a dentist. In | ||
addition, after being authorized by a dentist, a dental |
assistant may, for the purpose of eliminating pain or | ||
discomfort, remove loose, broken, or irritating | ||
orthodontic appliances on a patient of record. | ||
For purposes of this paragraph (g), "dental service" | ||
is defined to mean any intraoral procedure or act which | ||
shall be prescribed by rule or regulation of the | ||
Department. "Dental service", however, shall not include: | ||
(1) Any and all diagnosis of or prescription for | ||
treatment of disease, pain, deformity, deficiency, | ||
injury, or physical condition of the human teeth or | ||
jaws, or adjacent structures. | ||
(2) Removal of, restoration of, or addition to the | ||
hard or soft tissues of the oral cavity, except for the | ||
placing, carving, and finishing of amalgam | ||
restorations and placing, packing, and finishing | ||
composite restorations by dental assistants who have | ||
had additional formal education and certification. | ||
A dental assistant may place, carve, and finish | ||
amalgam restorations, place, pack, and finish | ||
composite restorations, and place interim restorations | ||
if he or she (A) has successfully completed a | ||
structured training program as described in item (2) | ||
of subsection (g) provided by an educational | ||
institution accredited by the Commission on Dental | ||
Accreditation, such as a dental school or dental | ||
hygiene or dental assistant program, or (B) has at |
least 4,000 hours of direct clinical patient care | ||
experience and has successfully completed a structured | ||
training program as described in item (2) of | ||
subsection (g) provided by a statewide dental | ||
association, approved by the Department to provide | ||
continuing education, that has developed and conducted | ||
training programs for expanded functions for dental | ||
assistants or hygienists. The training program must: | ||
(i) include a minimum of 16 hours of didactic study and | ||
14 hours of clinical manikin instruction; all training | ||
programs shall include areas of study in nomenclature, | ||
caries classifications, oral anatomy, periodontium, | ||
basic occlusion, instrumentations, pulp protection | ||
liners and bases, dental materials, matrix and wedge | ||
techniques, amalgam placement and carving, rubber dam | ||
clamp placement, and rubber dam placement and removal; | ||
(ii) include an outcome assessment examination that | ||
demonstrates competency; (iii) require the supervising | ||
dentist to observe and approve the completion of 8 | ||
amalgam or composite restorations; and (iv) issue a | ||
certificate of completion of the training program, | ||
which must be kept on file at the dental office and be | ||
made available to the Department upon request. A | ||
dental assistant must have successfully completed an | ||
approved coronal polishing and dental sealant course | ||
prior to taking the amalgam and composite restoration |
course. | ||
A dentist utilizing dental assistants shall not | ||
supervise more than 4 dental assistants at any one | ||
time for placing, carving, and finishing of amalgam | ||
restorations or for placing, packing, and finishing | ||
composite restorations. | ||
(3) Any and all correction of malformation of | ||
teeth or of the jaws. | ||
(4) Administration of anesthetics, except for | ||
monitoring of nitrous oxide, conscious sedation, deep | ||
sedation, and general anesthetic as provided in | ||
Section 8.1 of this Act, that may be performed only | ||
after successful completion of a training program | ||
approved by the Department. A dentist utilizing dental | ||
assistants shall not supervise more than 4 dental | ||
assistants at any one time for the monitoring of | ||
nitrous oxide. | ||
(5) Removal of calculus from human teeth. | ||
(6) Taking of material or digital scans for final | ||
impressions for the fabrication of prosthetic | ||
appliances, crowns, bridges, inlays, onlays, or other | ||
restorative or replacement dentistry. | ||
(7) The operative procedure of dental hygiene | ||
consisting of oral prophylactic procedures, except for | ||
coronal polishing and pit and fissure sealants, which | ||
may be performed by a dental assistant who has |
successfully completed a training program approved by | ||
the Department. Dental assistants may perform coronal | ||
polishing under the following circumstances: (i) the | ||
coronal polishing shall be limited to polishing the | ||
clinical crown of the tooth and existing restorations, | ||
supragingivally; (ii) the dental assistant performing | ||
the coronal polishing shall be limited to the use of | ||
rotary instruments using a rubber cup or brush | ||
polishing method (air polishing is not permitted); and | ||
(iii) the supervising dentist shall not supervise more | ||
than 4 dental assistants at any one time for the task | ||
of coronal polishing or pit and fissure sealants. | ||
In addition to coronal polishing and pit and | ||
fissure sealants as described in this item (7), a | ||
dental assistant who has at least 2,000 hours of | ||
direct clinical patient care experience and who has | ||
successfully completed a structured training program | ||
provided by (1) an educational institution including, | ||
but not limited to, a dental school or dental hygiene | ||
or dental assistant program, (2) a continuing | ||
education provider approved by the Department, or (3) | ||
a statewide dental or dental hygienist association | ||
that has developed and conducted a training program | ||
for expanded functions for dental assistants or | ||
hygienists may perform: (A) coronal scaling above the | ||
gum line, supragingivally, on the clinical crown of |
the tooth only on patients 17 years of age or younger | ||
who have an absence of periodontal disease and who are | ||
not medically compromised or individuals with special | ||
needs and (B) intracoronal temporization of a tooth. | ||
The training program must: (I) include a minimum of 32 | ||
hours of instruction in both didactic and clinical | ||
manikin or human subject instruction; all training | ||
programs shall include areas of study in dental | ||
anatomy, public health dentistry, medical history, | ||
dental emergencies, and managing the pediatric | ||
patient; (II) include an outcome assessment | ||
examination that demonstrates competency; (III) | ||
require the supervising dentist to observe and approve | ||
the completion of 6 full mouth supragingival scaling | ||
procedures unless the training was received as part of | ||
a Commission on Dental Accreditation approved dental | ||
assistant program; and (IV) issue a certificate of | ||
completion of the training program, which must be kept | ||
on file at the dental office and be made available to | ||
the Department upon request. A dental assistant must | ||
have successfully completed an approved coronal | ||
polishing course prior to taking the coronal scaling | ||
course. A dental assistant performing these functions | ||
shall be limited to the use of hand instruments only. | ||
In addition, coronal scaling as described in this | ||
paragraph shall only be utilized on patients who are |
eligible for Medicaid, who are uninsured, or whose | ||
household income is not greater than 300% of the | ||
federal poverty level. A dentist may not supervise | ||
more than 2 dental assistants at any one time for the | ||
task of coronal scaling. This paragraph is inoperative | ||
on and after January 1, 2026. | ||
The limitations on the number of dental assistants a | ||
dentist may supervise contained in items (2), (4), and (7) | ||
of this paragraph (g) mean a limit of 4 total dental | ||
assistants or dental hygienists doing expanded functions | ||
covered by these Sections being supervised by one dentist; | ||
or | ||
(h) The practice of dentistry by an individual who: | ||
(i) has applied in writing to the Department, in | ||
form and substance satisfactory to the Department, for | ||
a general dental license and has complied with all | ||
provisions of Section 9 of this Act, except for the | ||
passage of the examination specified in subsection (e) | ||
of Section 9 of this Act; or | ||
(ii) has applied in writing to the Department, in | ||
form and substance satisfactory to the Department, for | ||
a temporary dental license and has complied with all | ||
provisions of subsection (c) of Section 11 of this | ||
Act; and | ||
(iii) has been accepted or appointed for specialty | ||
or residency training by a hospital situated in this |
State; or | ||
(iv) has been accepted or appointed for specialty | ||
training in an approved dental program situated in | ||
this State; or | ||
(v) has been accepted or appointed for specialty | ||
training in a dental public health agency situated in | ||
this State. | ||
The applicant shall be permitted to practice dentistry | ||
for a period of 3 months from the starting date of the | ||
program, unless authorized in writing by the Department to | ||
continue such practice for a period specified in writing | ||
by the Department. | ||
The applicant shall only be entitled to perform such | ||
acts as may be prescribed by and incidental to his or her | ||
program of residency or specialty training and shall not | ||
otherwise engage in the practice of dentistry in this | ||
State. | ||
The authority to practice shall terminate immediately | ||
upon: | ||
(1) the decision of the Department that the | ||
applicant has failed the examination; or | ||
(2) denial of licensure by the Department; or | ||
(3) withdrawal of the application. | ||
(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23; | ||
103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.) |
Section 390. The Health Care Worker Background Check Act | ||
is amended by changing Section 25 as follows: | ||
(225 ILCS 46/25) | ||
Sec. 25. Hiring of people with criminal records by health | ||
care employers and long-term care facilities. | ||
(a) A health care employer or long-term care facility may | ||
hire, employ, or retain any individual in a position involving | ||
direct care for clients, patients, or residents , or access to | ||
the living quarters or the financial, medical, or personal | ||
records of clients, patients, or residents who has been | ||
convicted of committing or attempting to commit one or more of | ||
the following offenses under the laws of this State, or of an | ||
offense that is substantially equivalent to the following | ||
offenses under the laws of any other state or of the laws of | ||
the United States, as verified by court records, records from | ||
a state agency, or a Federal Bureau of Investigation criminal | ||
history records check, only with a waiver described in Section | ||
40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, | ||
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, | ||
10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3, | ||
11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||
12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, | ||
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5, |
12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25, | ||
16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, | ||
19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8, | ||
24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or | ||
in subsection (a) of Section 12-3 or subsection (a) or (b) of | ||
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||
Code of 2012; those provided in Section 4 of the Wrongs to | ||
Children Act; those provided in Section 53 of the Criminal | ||
Jurisprudence Act; those defined in subsection (c), (d), (e), | ||
(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the | ||
Cannabis Control Act; those defined in the Methamphetamine | ||
Control and Community Protection Act; those defined in | ||
Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the | ||
Illinois Controlled Substances Act; or subsection (a) of | ||
Section 3.01, Section 3.02, or Section 3.03 of the Humane Care | ||
for Animals Act. | ||
(a-1) A health care employer or long-term care facility | ||
may hire, employ, or retain any individual in a position | ||
involving direct care for clients, patients, or residents , or | ||
access to the living quarters or the financial, medical, or | ||
personal records of clients, patients, or residents who has | ||
been convicted of committing or attempting to commit one or | ||
more of the following offenses under the laws of this State, or | ||
of an offense that is substantially equivalent to the | ||
following offenses under the laws of any other state or of the | ||
laws of the United States, as verified by court records, |
records from a state agency, or a Federal Bureau of | ||
Investigation criminal history records check, only with a | ||
waiver described in Section 40: those offenses defined in | ||
Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, | ||
17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, | ||
24-3.2, or 24-3.3, or subsection (b) of Section 17-32, | ||
subsection (b) of Section 18-1, or subsection (b) of Section | ||
20-1, of the Criminal Code of 1961 or the Criminal Code of | ||
2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card | ||
and Debit Card Act; or Section 11-9.1A of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs | ||
to Children Act; or (ii) violated Section 50-50 of the Nurse | ||
Practice Act. | ||
A health care employer is not required to retain an | ||
individual in a position with duties involving direct care for | ||
clients, patients, or residents, and no long-term care | ||
facility is required to retain an individual in a position | ||
with duties that involve or may involve contact with residents | ||
or access to the living quarters or the financial, medical, or | ||
personal records of residents, who has been convicted of | ||
committing or attempting to commit one or more of the offenses | ||
enumerated in this subsection. | ||
(b) A health care employer shall not hire, employ, or | ||
retain, whether paid or on a volunteer basis, any individual | ||
in a position with duties involving direct care of clients, | ||
patients, or residents, and no long-term care facility shall |
knowingly hire, employ, or retain, whether paid or on a | ||
volunteer basis, any individual in a position with duties that | ||
involve or may involve contact with residents or access to the | ||
living quarters or the financial, medical, or personal records | ||
of residents, if the health care employer becomes aware that | ||
the individual has been convicted in another state of | ||
committing or attempting to commit an offense that has the | ||
same or similar elements as an offense listed in subsection | ||
(a) or (a-1), as verified by court records, records from a | ||
state agency, or an FBI criminal history record check, unless | ||
the applicant or employee obtains a waiver pursuant to Section | ||
40 of this Act. This shall not be construed to mean that a | ||
health care employer has an obligation to conduct a criminal | ||
history records check in other states in which an employee has | ||
resided. | ||
(c) A health care employer shall not hire, employ, or | ||
retain, whether paid or on a volunteer basis, any individual | ||
in a position with duties involving direct care of clients, | ||
patients, or residents, who has a finding by the Department of | ||
abuse, neglect, misappropriation of property, or theft denoted | ||
on the Health Care Worker Registry. | ||
(d) A health care employer shall not hire, employ, or | ||
retain, whether paid or on a volunteer basis, any individual | ||
in a position with duties involving direct care of clients, | ||
patients, or residents if the individual has a verified and | ||
substantiated finding of abuse, neglect, or financial |
exploitation, as identified within the Adult Protective | ||
Service Registry established under Section 7.5 of the Adult | ||
Protective Services Act. | ||
(e) A health care employer shall not hire, employ, or | ||
retain, whether paid or on a volunteer basis, any individual | ||
in a position with duties involving direct care of clients, | ||
patients, or residents who has a finding by the Department of | ||
Human Services denoted on the Health Care Worker Registry of | ||
physical or sexual abuse, financial exploitation, egregious | ||
neglect, or material obstruction of an investigation. | ||
(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 395. The Music Therapy Licensing and Practice Act | ||
is amended by changing Section 95 as follows: | ||
(225 ILCS 56/95) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 95. Grounds for discipline. | ||
(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other | ||
disciplinary or nondisciplinary action as the Department deems | ||
appropriate, including the issuance of fines not to exceed | ||
$10,000 for each violation, with regard to any license for any | ||
one or more of the following: | ||
(1) Material misstatement in furnishing information to |
the Department or to any other State agency. | ||
(2) Violations or negligent or intentional disregard | ||
of this Act, or any of its rules. | ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, | ||
or first offender probation, under the laws of any | ||
jurisdiction of the United States (i) that is a felony or | ||
(ii) that is a misdemeanor, an essential element of which | ||
is dishonesty, or that is directly related to the practice | ||
of music therapy. | ||
(4) Making any misrepresentation for the purpose of | ||
obtaining a license, or violating any provision of this | ||
Act or its rules. | ||
(5) Negligence in the rendering of music therapy | ||
services. | ||
(6) Aiding or assisting another person in violating | ||
any provision of this Act or any of its rules. | ||
(7) Failing to provide information within 60 days in | ||
response to a written request made by the Department. | ||
(8) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public and violating the rules of | ||
professional conduct adopted by the Department. | ||
(9) Failing to maintain the confidentiality of any |
information received from a client, unless otherwise | ||
authorized or required by law. | ||
(10) Failure to maintain client records of services | ||
provided and provide copies to clients upon request. | ||
(11) Exploiting a client for personal advantage, | ||
profit, or interest. | ||
(12) Habitual or excessive use or addiction to | ||
alcohol, narcotics, stimulants, or any other chemical | ||
agent or drug which results in inability to practice with | ||
reasonable skill, judgment, or safety. | ||
(13) Discipline by another governmental agency or unit | ||
of government, by any jurisdiction of the United States, | ||
or by a foreign nation, if at least one of the grounds for | ||
the discipline is the same or substantially equivalent to | ||
those set forth in this Section. | ||
(14) Directly or indirectly giving to or receiving | ||
from any person, firm, corporation, partnership, or | ||
association any fee, commission, rebate, or other form of | ||
compensation for any professional service not actually | ||
rendered. Nothing in this paragraph affects any bona fide | ||
independent contractor or employment arrangements among | ||
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services |
within the scope of the licensee's practice under this | ||
Act. Nothing in this paragraph shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered. | ||
(15) A finding by the Department that the licensee, | ||
after having the license placed on probationary status, | ||
has violated the terms of probation. | ||
(16) Failing to refer a client to other health care | ||
professionals when the licensee is unable or unwilling to | ||
adequately support or serve the client. | ||
(17) Willfully filing false reports relating to a | ||
licensee's practice, including, but not limited to, false | ||
records filed with federal or State agencies or | ||
departments. | ||
(18) Willfully failing to report an instance of | ||
suspected child abuse or neglect as required by the Abused | ||
and Neglected Child Reporting Act. | ||
(19) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
pursuant to the Abused and Neglected Child Reporting Act, | ||
and upon proof by clear and convincing evidence that the | ||
licensee has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act. | ||
(20) Physical or mental disability, including | ||
deterioration through the aging process or loss of |
abilities and skills which results in the inability to | ||
practice the profession with reasonable judgment, skill, | ||
or safety. | ||
(21) Solicitation of professional services by using | ||
false or misleading advertising. | ||
(22) Fraud or making any misrepresentation in applying | ||
for or procuring a license under this Act or in connection | ||
with applying for renewal of a license under this Act. | ||
(23) Practicing or attempting to practice under a name | ||
other than the full name as shown on the license or any | ||
other legally authorized name. | ||
(24) Gross overcharging for professional services, | ||
including filing statements for collection of fees or | ||
moneys for which services are not rendered. | ||
(25) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered. | ||
(26) Allowing one's license under this Act to be used | ||
by an unlicensed person in violation of this Act. | ||
(b) The determination by a court that a licensee is | ||
subject to involuntary admission or judicial admission as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code shall result in an automatic suspension of the licensee's | ||
license. The suspension will end upon a finding by a court that | ||
the licensee is no longer subject to involuntary admission or | ||
judicial admission, the issuance of an order so finding and |
discharging the patient, and the determination of the | ||
Secretary that the licensee be allowed to resume professional | ||
practice. | ||
(c) The Department may refuse to issue or renew or may | ||
suspend without hearing the license of any person who fails to | ||
file a return, to pay the tax penalty or interest shown in a | ||
filed return, or to pay any final assessment of the tax, | ||
penalty, or interest as required by any Act regarding the | ||
payment of taxes administered by the Department of Revenue | ||
until the requirements of the Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code | ||
of Illinois. | ||
(d) In cases where the Department of Healthcare and Family | ||
Services has previously determined that a licensee or a | ||
potential licensee is more than 30 days delinquent in the | ||
payment of child support and has subsequently certified the | ||
delinquency to the Department, the Department may refuse to | ||
issue or renew or may revoke or suspend that person's license | ||
or may take other disciplinary action against that person | ||
based solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance | ||
with paragraph (5) of subsection (a) of Section 2105-15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(e) All fines or costs imposed under this Section shall be |
paid within 60 days after the effective date of the order | ||
imposing the fine or costs or in accordance with the terms set | ||
forth in the order imposing the fine. | ||
(Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.) | ||
Section 400. The Licensed Certified Professional Midwife | ||
Practice Act is amended by changing Section 100 as follows: | ||
(225 ILCS 64/100) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 100. Grounds for disciplinary action. | ||
(a) The Department may refuse to issue or to renew, or may | ||
revoke, suspend, place on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action with regard to any | ||
license issued under this Act as the Department may deem | ||
proper, including the issuance of fines not to exceed $10,000 | ||
for each violation, for any one or combination of the | ||
following causes: | ||
(1) Material misstatement in furnishing information to | ||
the Department. | ||
(2) Violations of this Act, or the rules adopted under | ||
this Act. | ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, |
or first offender probation, under the laws of any | ||
jurisdiction of the United States that is: (i) a felony; | ||
or (ii) a misdemeanor, an essential element of which is | ||
dishonesty, or that is directly related to the practice of | ||
the profession. | ||
(4) Making any misrepresentation for the purpose of | ||
obtaining licenses. | ||
(5) Professional incompetence. | ||
(6) Aiding or assisting another person in violating | ||
any provision of this Act or its rules. | ||
(7) Failing, within 60 days, to provide information in | ||
response to a written request made by the Department. | ||
(8) Engaging in dishonorable, unethical, or | ||
unprofessional conduct, as defined by rule, of a character | ||
likely to deceive, defraud, or harm the public. | ||
(9) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
that results in a midwife's inability to practice with | ||
reasonable judgment, skill, or safety. | ||
(10) Discipline by another U.S. jurisdiction or | ||
foreign nation, if at least one of the grounds for | ||
discipline is the same or substantially equivalent to | ||
those set forth in this Section. | ||
(11) Directly or indirectly giving to or receiving | ||
from any person, firm, corporation, partnership, or | ||
association any fee, commission, rebate or other form of |
compensation for any professional services not actually or | ||
personally rendered. Nothing in this paragraph affects any | ||
bona fide independent contractor or employment | ||
arrangements, including provisions for compensation, | ||
health insurance, pension, or other employment benefits, | ||
with persons or entities authorized under this Act for the | ||
provision of services within the scope of the licensee's | ||
practice under this Act. | ||
(12) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
(13) Abandonment of a patient. | ||
(14) Willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with state agencies or | ||
departments. | ||
(15) Willfully failing to report an instance of | ||
suspected child abuse or neglect as required by the Abused | ||
and Neglected Child Reporting Act. | ||
(16) Physical illness, or mental illness or impairment | ||
that results in the inability to practice the profession | ||
with reasonable judgment, skill, or safety, including, but | ||
not limited to, deterioration through the aging process or | ||
loss of motor skill. | ||
(17) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act. | ||
(18) Gross negligence resulting in permanent injury or | ||
death of a patient. | ||
(19) Employment of fraud, deception, or any unlawful | ||
means in applying for or securing a license as a licensed | ||
certified professional profession midwife. | ||
(21) Immoral conduct in the commission of any act, | ||
including sexual abuse, sexual misconduct, or sexual | ||
exploitation related to the licensee's practice. | ||
(22) Violation of the Health Care Worker Self-Referral | ||
Act. | ||
(23) Practicing under a false or assumed name, except | ||
as provided by law. | ||
(24) Making a false or misleading statement regarding | ||
his or her skill or the efficacy or value of the medicine, | ||
treatment, or remedy prescribed by him or her in the | ||
course of treatment. | ||
(25) Allowing another person to use his or her license | ||
to practice. | ||
(26) Prescribing, selling, administering, | ||
distributing, giving, or self-administering a drug | ||
classified as a controlled substance for purposes other |
than medically accepted medically-accepted therapeutic | ||
purposes. | ||
(27) Promotion of the sale of drugs, devices, | ||
appliances, or goods provided for a patient in a manner to | ||
exploit the patient for financial gain. | ||
(28) A pattern of practice or other behavior that | ||
demonstrates incapacity or incompetence to practice under | ||
this Act. | ||
(29) Violating State or federal laws, rules, or | ||
regulations relating to controlled substances or other | ||
legend drugs or ephedra as defined in the Ephedra | ||
Prohibition Act. | ||
(30) Failure to establish and maintain records of | ||
patient care and treatment as required by law. | ||
(31) Attempting to subvert or cheat on the examination | ||
of the North American Registry of Midwives or its | ||
successor agency. | ||
(32) Willfully or negligently violating the | ||
confidentiality between licensed certified professional | ||
profession midwives and patient, except as required by | ||
law. | ||
(33) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(34) Being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective | ||
Services Act and upon proof by clear and convincing | ||
evidence that the licensee abused, neglected, or | ||
financially exploited an eligible adult as defined in the | ||
Adult Protective Services Act. | ||
(35) Failure to report to the Department an adverse | ||
final action taken against him or her by another licensing | ||
jurisdiction of the United States or a foreign state or | ||
country, a peer review body, a health care institution, a | ||
professional society or association, a governmental | ||
agency, a law enforcement agency, or a court. | ||
(36) Failure to provide copies of records of patient | ||
care or treatment, except as required by law. | ||
(37) Failure of a licensee to report to the Department | ||
surrender by the licensee of a license or authorization to | ||
practice in another state or jurisdiction or current | ||
surrender by the licensee of membership professional | ||
association or society while under disciplinary | ||
investigation by any of those authorities or bodies for | ||
acts or conduct similar to acts or conduct that would | ||
constitute grounds for action under this Section. | ||
(38) Failing, within 90 days, to provide a response to | ||
a request for information in response to a written request | ||
made by the Department by certified or registered mail or | ||
by email to the email address of record. | ||
(39) Failure to supervise a midwife assistant or |
student midwife including, but not limited to, allowing a | ||
midwife assistant or student midwife to exceed their | ||
scope. | ||
(40) Failure to adequately inform a patient about | ||
their malpractice liability insurance coverage and the | ||
policy limits of the coverage. | ||
(41) Failure to submit an annual report to the | ||
Department of Public Health. | ||
(42) Failure to disclose active cardiopulmonary | ||
resuscitation certification or neonatal resuscitation | ||
provider status to clients. | ||
(43) Engaging in one of the prohibited practices | ||
provided for in Section 85 of this Act. | ||
(b) The Department may, without a hearing, refuse to issue | ||
or renew or may suspend the license of any person who fails to | ||
file a return, or to pay the tax, penalty, or interest shown in | ||
a filed return, or to pay any final assessment of the tax, | ||
penalty, or interest as required by any tax Act administered | ||
by the Department of Revenue, until the requirements of any | ||
such tax Act are satisfied. | ||
(c) The determination by a circuit court that a licensee | ||
is subject to involuntary admission or judicial admission as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code operates as an automatic suspension. The suspension will | ||
end only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission |
and issues an order so finding and discharging the patient, | ||
and upon the recommendation of the Board to the Secretary that | ||
the licensee be allowed to resume his or her practice. | ||
(d) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel an individual | ||
licensed to practice under this Act, or who has applied for | ||
licensure under this Act, to submit to a mental or physical | ||
examination, or both, including a substance abuse or sexual | ||
offender evaluation, as required by and at the expense of the | ||
Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed clinical | ||
psychologists, licensed clinical social workers, licensed | ||
clinical professional counselors, and other professional and | ||
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to | ||
submit to an examination pursuant to this Section to submit to | ||
any additional supplemental testing deemed necessary to | ||
complete any examination or evaluation process, including, but | ||
not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to present testimony | ||
concerning the mental or physical examination of the licensee | ||
or applicant. No information, report, record, or other | ||
documents in any way related to the examination shall be | ||
excluded by reason of any common law or statutory privilege | ||
relating to communications between the licensee or applicant | ||
and the examining physician or any member of the | ||
multidisciplinary team. No authorization is necessary from the | ||
licensee or applicant ordered to undergo an examination for | ||
the examining physician or any member of the multidisciplinary | ||
team to provide information, reports, records, or other | ||
documents or to provide any testimony regarding the | ||
examination and evaluation. | ||
The individual to be examined may have, at his or her own | ||
expense, another physician of his or her choice present during | ||
all aspects of this examination. However, that physician shall | ||
be present only to observe and may not interfere in any way | ||
with the examination. | ||
Failure of an individual to submit to a mental or physical |
examination, when ordered, shall result in an automatic | ||
suspension of his or her license until the individual submits | ||
to the examination. | ||
If the Department finds an individual unable to practice | ||
because of the reasons set forth in this Section, the | ||
Department may require that individual to submit to care, | ||
counseling, or treatment by physicians approved or designated | ||
by the Department, as a condition, term, or restriction for | ||
continued, reinstated, or renewed licensure to practice; or, | ||
in lieu of care, counseling, or treatment, the Department may | ||
file a complaint to immediately suspend, revoke, or otherwise | ||
discipline the license of the individual. An individual whose | ||
license was granted, continued, reinstated, renewed, | ||
disciplined, or supervised subject to such terms, conditions, | ||
or restrictions, and who fails to comply with such terms, | ||
conditions, or restrictions, shall be referred to the | ||
Secretary for a determination as to whether the individual | ||
shall have his or her license suspended immediately, pending a | ||
hearing by the Department. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that | ||
person's license must be convened by the Department within 30 | ||
days after the suspension and completed without appreciable | ||
delay. The Department shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable |
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate | ||
to the Department that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
(Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.) | ||
Section 405. The Physician Assistant Practice Act of 1987 | ||
is amended by changing Section 7.5 as follows: | ||
(225 ILCS 95/7.5) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 7.5. Written collaborative agreements; prescriptive | ||
authority. | ||
(a) A written collaborative agreement is required for all | ||
physician assistants to practice in the State, except as | ||
provided in Section 7.7 of this Act. | ||
(1) A written collaborative agreement shall describe | ||
the working relationship of the physician assistant with | ||
the collaborating physician and shall describe the | ||
categories of care, treatment, or procedures to be | ||
provided by the physician assistant. The written | ||
collaborative agreement shall promote the exercise of | ||
professional judgment by the physician assistant |
commensurate with his or her education and experience. The | ||
services to be provided by the physician assistant shall | ||
be services that the collaborating physician is authorized | ||
to and generally provides to his or her patients in the | ||
normal course of his or her clinical medical practice. The | ||
written collaborative agreement need not describe the | ||
exact steps that a physician assistant must take with | ||
respect to each specific condition, disease, or symptom | ||
but must specify which authorized procedures require the | ||
presence of the collaborating physician as the procedures | ||
are being performed. The relationship under a written | ||
collaborative agreement shall not be construed to require | ||
the personal presence of a physician at the place where | ||
services are rendered. Methods of communication shall be | ||
available for consultation with the collaborating | ||
physician in person or by telecommunications or electronic | ||
communications as set forth in the written collaborative | ||
agreement. For the purposes of this Act, "generally | ||
provides to his or her patients in the normal course of his | ||
or her clinical medical practice" means services, not | ||
specific tasks or duties, the collaborating physician | ||
routinely provides individually or through delegation to | ||
other persons so that the physician has the experience and | ||
ability to collaborate and provide consultation. | ||
(2) The written collaborative agreement shall be | ||
adequate if a physician does each of the following: |
(A) Participates in the joint formulation and | ||
joint approval of orders or guidelines with the | ||
physician assistant and he or she periodically reviews | ||
such orders and the services provided patients under | ||
such orders in accordance with accepted standards of | ||
medical practice and physician assistant practice. | ||
(B) Provides consultation at least once a month. | ||
(3) A copy of the signed, written collaborative | ||
agreement must be available to the Department upon request | ||
from both the physician assistant and the collaborating | ||
physician. | ||
(4) A physician assistant shall inform each | ||
collaborating physician of all written collaborative | ||
agreements he or she has signed and provide a copy of these | ||
to any collaborating physician upon request. | ||
(b) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written collaborative agreement. This authority may, | ||
but is not required to, include prescription of, selection of, | ||
orders for, administration of, storage of, acceptance of | ||
samples of, and dispensing medical devices, over-the-counter | ||
over the counter medications, legend drugs, medical gases, and | ||
controlled substances categorized as Schedule II through V | ||
controlled substances, as defined in Article II of the | ||
Illinois Controlled Substances Act, and other preparations, | ||
including, but not limited to, botanical and herbal remedies. |
The collaborating physician must have a valid, current | ||
Illinois controlled substance license and federal registration | ||
with the Drug Enforcement Administration to delegate the | ||
authority to prescribe controlled substances. | ||
(1) To prescribe Schedule II, III, IV, or V controlled | ||
substances under this Section, a physician assistant must | ||
obtain a mid-level practitioner controlled substances | ||
license. Medication orders issued by a physician assistant | ||
shall be reviewed periodically by the collaborating | ||
physician. | ||
(2) The collaborating physician shall file with the | ||
Department notice of delegation of prescriptive authority | ||
to a physician assistant and termination of delegation, | ||
specifying the authority delegated or terminated. Upon | ||
receipt of this notice delegating authority to prescribe | ||
controlled substances, the physician assistant shall be | ||
eligible to register for a mid-level practitioner | ||
controlled substances license under Section 303.05 of the | ||
Illinois Controlled Substances Act. Nothing in this Act | ||
shall be construed to limit the delegation of tasks or | ||
duties by the collaborating physician to a nurse or other | ||
appropriately trained persons in accordance with Section | ||
54.2 of the Medical Practice Act of 1987. | ||
(3) In addition to the requirements of this subsection | ||
(b), a collaborating physician may, but is not required | ||
to, delegate authority to a physician assistant to |
prescribe Schedule II controlled substances, if all of the | ||
following conditions apply: | ||
(A) Specific Schedule II controlled substances by | ||
oral dosage or topical or transdermal application may | ||
be delegated, provided that the delegated Schedule II | ||
controlled substances are routinely prescribed by the | ||
collaborating physician. This delegation must identify | ||
the specific Schedule II controlled substances by | ||
either brand name or generic name. Schedule II | ||
controlled substances to be delivered by injection or | ||
other route of administration may not be delegated. | ||
(B) (Blank). | ||
(C) Any prescription must be limited to no more | ||
than a 30-day supply, with any continuation authorized | ||
only after prior approval of the collaborating | ||
physician. | ||
(D) The physician assistant must discuss the | ||
condition of any patients for whom a controlled | ||
substance is prescribed monthly with the collaborating | ||
physician. | ||
(E) The physician assistant meets the education | ||
requirements of Section 303.05 of the Illinois | ||
Controlled Substances Act. | ||
(c) Nothing in this Act shall be construed to limit the | ||
delegation of tasks or duties by a physician to a licensed | ||
practical nurse, a registered professional nurse, or other |
persons. Nothing in this Act shall be construed to limit the | ||
method of delegation that may be authorized by any means, | ||
including, but not limited to, oral, written, electronic, | ||
standing orders, protocols, guidelines, or verbal orders. | ||
Nothing in this Act shall be construed to authorize a | ||
physician assistant to provide health care services required | ||
by law or rule to be performed by a physician. Nothing in this | ||
Act shall be construed to authorize the delegation or | ||
performance of operative surgery. Nothing in this Section | ||
shall be construed to preclude a physician assistant from | ||
assisting in surgery. | ||
(c-5) Nothing in this Section shall be construed to apply | ||
to any medication authority, including Schedule II controlled | ||
substances of a licensed physician assistant for care provided | ||
in a hospital, hospital affiliate, federally qualified health | ||
center, or ambulatory surgical treatment center pursuant to | ||
Section 7.7 of this Act. | ||
(d) (Blank). | ||
(e) Nothing in this Section shall be construed to prohibit | ||
generic substitution. | ||
(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; | ||
revised 1-2-24.) | ||
Section 410. The Veterinary Medicine and Surgery Practice | ||
Act of 2004 is amended by changing Section 25.2 as follows: |
(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2) | ||
(Section scheduled to be repealed on January 1, 2029) | ||
Sec. 25.2. Investigation; notice and hearing. The | ||
Department may investigate the actions of any applicant or of | ||
any person or persons holding or claiming to hold a license or | ||
certificate. The Department shall, before refusing to issue, | ||
to renew or discipline a license or certificate under Section | ||
25, at least 30 days prior to the date set for the hearing, | ||
notify the applicant or licensee in writing of the nature of | ||
the charges and the time and place for a hearing on the | ||
charges. The Department shall direct the applicant, | ||
certificate holder, or licensee to file a written answer to | ||
the charges with the Board under oath within 20 days after the | ||
service of the notice and inform the applicant, certificate | ||
holder, or licensee that failure to file an answer will result | ||
in default being taken against the applicant, certificate | ||
holder, or licensee. At the time and place fixed in the notice, | ||
the Department shall proceed to hear the charges and the | ||
parties or their counsel shall be accorded ample opportunity | ||
to present any pertinent statements, testimony, evidence, and | ||
arguments. The Department may continue the hearing from time | ||
to time. In case the person, after receiving the notice, fails | ||
to file an answer, his or her license may, in the discretion of | ||
the Department, be revoked, suspended, placed on probationary | ||
status, or the Department may take whatever disciplinary | ||
action considered proper, including limiting the scope, |
nature, or extent of the person's practice or the imposition | ||
of a fine, without a hearing, if the act or acts charged | ||
constitute sufficient grounds for that action under the Act. | ||
The written notice and any notice in the subsequent proceeding | ||
may be served by registered or certified mail to the | ||
licensee's address of record or, if in the course of the | ||
administrative proceeding the party has previously designated | ||
a specific email address at which to accept electronic service | ||
for that specific proceeding, by sending a copy by email to the | ||
party's an email address on record. | ||
(Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24; | ||
revised 9-28-23.) | ||
Section 415. The Registered Surgical Assistant and | ||
Registered Surgical Technologist Title Protection Act is | ||
amended by changing Section 75 as follows: | ||
(225 ILCS 130/75) | ||
(Section scheduled to be repealed on January 1, 2029) | ||
Sec. 75. Grounds for disciplinary action. | ||
(a) The Department may refuse to issue, renew, or restore | ||
a registration, may revoke or suspend a registration, or may | ||
place on probation, reprimand, or take other disciplinary or | ||
non-disciplinary action with regard to a person registered | ||
under this Act, including, but not limited to, the imposition | ||
of fines not to exceed $10,000 for each violation and the |
assessment of costs as provided for in Section 90, for any one | ||
or combination of the following causes: | ||
(1) Making a material misstatement in furnishing | ||
information to the Department. | ||
(2) Violating a provision of this Act or rules adopted | ||
under this Act. | ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States that is | ||
(i) a felony or (ii) a misdemeanor, an essential element | ||
of which is dishonesty, or that is directly related to the | ||
practice of the profession. | ||
(4) Fraud or misrepresentation in applying for, | ||
renewing, restoring, reinstating, or procuring a | ||
registration under this Act. | ||
(5) Aiding or assisting another person in violating a | ||
provision of this Act or its rules. | ||
(6) Failing to provide information within 60 days in | ||
response to a written request made by the Department. | ||
(7) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public, as defined by rule of the | ||
Department. |
(8) Discipline by another United States jurisdiction, | ||
governmental agency, unit of government, or foreign | ||
nation, if at least one of the grounds for discipline is | ||
the same or substantially equivalent to those set forth in | ||
this Section. | ||
(9) Directly or indirectly giving to or receiving from | ||
a person, firm, corporation, partnership, or association a | ||
fee, commission, rebate, or other form of compensation for | ||
professional services not actually or personally rendered. | ||
Nothing in this paragraph (9) affects any bona fide | ||
independent contractor or employment arrangements among | ||
health care professionals, health facilities, health care | ||
providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the registrant's practice under this | ||
Act. Nothing in this paragraph (9) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered. | ||
(10) A finding by the Department that the registrant, | ||
after having the registration placed on probationary | ||
status, has violated the terms of probation. | ||
(11) Willfully making or filing false records or | ||
reports in the practice, including, but not limited to, | ||
false records or reports filed with State agencies. |
(12) Willfully making or signing a false statement, | ||
certificate, or affidavit to induce payment. | ||
(13) Willfully failing to report an instance of | ||
suspected child abuse or neglect as required under the | ||
Abused and Neglected Child Reporting Act. | ||
(14) Being named as a perpetrator in an indicated | ||
report by the Department of Children and Family Services | ||
under the Abused and Neglected Child Reporting Act and | ||
upon proof by clear and convincing evidence that the | ||
registrant has caused a child to be an abused child or | ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act. | ||
(15) (Blank). | ||
(16) Failure to report to the Department (A) any | ||
adverse final action taken against the registrant by | ||
another registering or licensing jurisdiction, government | ||
agency, law enforcement agency, or any court or (B) | ||
liability for conduct that would constitute grounds for | ||
action as set forth in this Section. | ||
(17) Habitual or excessive use or abuse of drugs | ||
defined in law as controlled substances, alcohol, or any | ||
other substance that results in the inability to practice | ||
with reasonable judgment, skill, or safety. | ||
(18) Physical or mental illness, including, but not | ||
limited to, deterioration through the aging process or | ||
loss of motor skills, which results in the inability to |
practice the profession for which the person is registered | ||
with reasonable judgment, skill, or safety. | ||
(19) Gross malpractice. | ||
(20) Immoral conduct in the commission of an act | ||
related to the registrant's practice, including, but not | ||
limited to, sexual abuse, sexual misconduct, or sexual | ||
exploitation. | ||
(21) Violation of the Health Care Worker Self-Referral | ||
Act. | ||
(b) The Department may refuse to issue or may suspend | ||
without hearing the registration of a person who fails to file | ||
a return, to pay the tax, penalty, or interest shown in a filed | ||
return, or to pay a final assessment of the tax, penalty, or | ||
interest as required by a tax Act administered by the | ||
Department of Revenue, until the requirements of the tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Department of Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(b-1) The Department shall not revoke, suspend, summarily | ||
suspend, place on probation, reprimand, refuse to issue or | ||
renew, or take any other disciplinary or non-disciplinary | ||
action against the license issued under this Act to practice | ||
as a registered surgical assistant or registered surgical | ||
technologist based solely upon the registered surgical | ||
assistant or registered surgical technologist providing, | ||
authorizing, recommending, aiding, assisting, referring for, |
or otherwise participating in any health care service, so long | ||
as the care was not unlawful under the laws of this State, | ||
regardless of whether the patient was a resident of this State | ||
or another state. | ||
(b-2) The Department shall not revoke, suspend, summarily | ||
suspend, place on prohibition, reprimand, refuse to issue or | ||
renew, or take any other disciplinary or non-disciplinary | ||
action against the license issued under this Act to practice | ||
as a registered surgical assistant or registered surgical | ||
technologist based upon the registered surgical assistant's or | ||
registered surgical technologist's license being revoked or | ||
suspended, or the registered surgical assistant's or | ||
registered surgical technologist's being otherwise disciplined | ||
by any other state, if that revocation, suspension, or other | ||
form of discipline was based solely on the registered surgical | ||
assistant or registered surgical technologist violating | ||
another state's laws prohibiting the provision of, | ||
authorization of, recommendation of, aiding or assisting in, | ||
referring for, or participation in any health care service if | ||
that health care service as provided would not have been | ||
unlawful under the laws of this State and is consistent with | ||
the standards of conduct for the registered surgical assistant | ||
or registered surgical technologist practicing in this State. | ||
(b-3) The conduct specified in subsection (b-1) or (b-2) | ||
shall not constitute grounds for suspension under Section 145. | ||
(b-4) An applicant seeking licensure, certification, or |
authorization pursuant to this Act who has been subject to | ||
disciplinary action by a duly authorized professional | ||
disciplinary agency of another jurisdiction solely on the | ||
basis of having provided, authorized, recommended, aided, | ||
assisted, referred for, or otherwise participated in health | ||
care shall not be denied such licensure, certification, or | ||
authorization, unless the Department determines that such | ||
action would have constituted professional misconduct in this | ||
State. Nothing in this Section shall be construed as | ||
prohibiting the Department from evaluating the conduct of such | ||
applicant and making a determination regarding the licensure, | ||
certification, or authorization to practice a profession under | ||
this Act. | ||
(c) The determination by a circuit court that a registrant | ||
is subject to involuntary admission or judicial admission as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code operates as an automatic suspension. The suspension will | ||
end only upon (1) a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission, | ||
(2) issuance of an order so finding and discharging the | ||
patient, and (3) filing of a petition for restoration | ||
demonstrating fitness to practice. | ||
(d) (Blank). | ||
(e) In cases where the Department of Healthcare and Family | ||
Services has previously determined a registrant or a potential | ||
registrant is more than 30 days delinquent in the payment of |
child support and has subsequently certified the delinquency | ||
to the Department, the Department may refuse to issue or renew | ||
or may revoke or suspend that person's registration or may | ||
take other disciplinary action against that person based | ||
solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance | ||
with paragraph (5) of subsection (a) of Section 2105-15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(f) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel any individual | ||
registered under this Act or any individual who has applied | ||
for registration to submit to a mental or physical examination | ||
and evaluation, or both, that may include a substance abuse or | ||
sexual offender evaluation, at the expense of the Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination and evaluation, | ||
or both. The multidisciplinary team shall be led by a | ||
physician licensed to practice medicine in all of its branches | ||
and may consist of one or more or a combination of physicians | ||
licensed to practice medicine in all of its branches, licensed | ||
chiropractic physicians, licensed clinical psychologists, | ||
licensed clinical social workers, licensed clinical | ||
professional counselors, and other professional and |
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to | ||
submit to an examination and evaluation pursuant to this | ||
Section to submit to any additional supplemental testing | ||
deemed necessary to complete any examination or evaluation | ||
process, including, but not limited to, blood testing, | ||
urinalysis, psychological testing, or neuropsychological | ||
testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. The Department may order the | ||
examining physician or any member of the multidisciplinary | ||
team to present testimony concerning this examination and | ||
evaluation of the registrant or applicant, including testimony | ||
concerning any supplemental testing or documents relating to | ||
the examination and evaluation. No information, report, | ||
record, or other documents in any way related to the | ||
examination and evaluation shall be excluded by reason of any | ||
common law or statutory privilege relating to communication | ||
between the registrant or applicant and the examining | ||
physician or any member of the multidisciplinary team. No | ||
authorization is necessary from the registrant or applicant | ||
ordered to undergo an evaluation and examination for the | ||
examining physician or any member of the multidisciplinary |
team to provide information, reports, records, or other | ||
documents or to provide any testimony regarding the | ||
examination and evaluation. The individual to be examined may | ||
have, at the individual's own expense, another physician of | ||
the individual's choice present during all aspects of the | ||
examination. | ||
Failure of any individual to submit to mental or physical | ||
examination and evaluation, or both, when directed, shall | ||
result in an automatic suspension without a hearing until such | ||
time as the individual submits to the examination. If the | ||
Department finds a registrant unable to practice because of | ||
the reasons set forth in this Section, the Department shall | ||
require such registrant to submit to care, counseling, or | ||
treatment by physicians approved or designated by the | ||
Department as a condition for continued, reinstated, or | ||
renewed registration. | ||
When the Secretary immediately suspends a registration | ||
under this Section, a hearing upon such person's registration | ||
must be convened by the Department within 15 days after such | ||
suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the registrant's | ||
record of treatment and counseling regarding the impairment to | ||
the extent permitted by applicable federal statutes and | ||
regulations safeguarding the confidentiality of medical | ||
records. | ||
Individuals registered under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate | ||
to the Department that they can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of their registration. | ||
(g) All fines imposed under this Section shall be paid | ||
within 60 days after the effective date of the order imposing | ||
the fine or in accordance with the terms set forth in the order | ||
imposing the fine. | ||
(f) The Department may adopt rules to implement the | ||
changes made by Public Act 102-1117 this amendatory Act of the | ||
102nd General Assembly . | ||
(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 420. The Solid Waste Site Operator Certification | ||
Law is amended by changing Section 1011 as follows: | ||
(225 ILCS 230/1011) | ||
Sec. 1011. Fees. | ||
(a) Fees for the issuance or renewal of a Solid Waste Site | ||
Operator Certificate shall be as follows: | ||
(1) (A) $400 for issuance or renewal for Solid Waste | ||
Site Operators; | ||
(B) (blank); and | ||
(C) $100 for issuance or renewal for special waste | ||
endorsements. |
(2) If the fee for renewal is not paid within the grace | ||
period , the above fees for renewal shall each be increased by | ||
$50. | ||
(b) (Blank). | ||
(c) All fees collected by the Agency under this Section | ||
shall be deposited into the Environmental Protection Permit | ||
and Inspection Fund to be used in accordance with the | ||
provisions of subsection (a) of Section 22.8 of the | ||
Environmental Protection Act. | ||
(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22; | ||
103-154, eff. 6-30-23; revised 9-21-23.) | ||
Section 425. The Illinois Plumbing License Law is amended | ||
by changing Section 13.1 as follows: | ||
(225 ILCS 320/13.1) | ||
Sec. 13.1. Plumbing contractors; registration; | ||
applications. | ||
(1) On and after May 1, 2002, all persons or corporations | ||
desiring to engage in the business of plumbing contractor, | ||
other than any entity that maintains an audited net worth of | ||
shareholders' equity equal to or exceeding $100,000,000, shall | ||
register in accordance with the provisions of this Act. | ||
(2) Application for registration shall be filed with the | ||
Department each year, on or before the last day of September, | ||
in writing and on forms prepared and furnished by the |
Department. All plumbing contractor registrations expire on | ||
the last day of September of each year. | ||
(3) Applications shall contain the name, address, and | ||
telephone number of the person and the plumbing license of (i) | ||
the individual, if a sole proprietorship; (ii) the partner, if | ||
a partnership; or (iii) an officer, if a corporation. The | ||
application shall contain the business name, address, and | ||
telephone number, a current copy of the plumbing license, and | ||
any other information the Department may require by rule. | ||
(4) Applicants shall submit an original certificate of | ||
insurance documenting that the contractor carries general | ||
liability insurance with a minimum of $100,000 per occurrence, | ||
a minimum of $300,000 aggregate for bodily injury, property | ||
damage insurance with a minimum of $50,000 or a minimum of | ||
$300,000 combined single limit, and workers compensation | ||
insurance with a minimum $500,000 employer's liability. No | ||
registration may be issued in the absence of this certificate. | ||
Certificates must be in force at all times for registration to | ||
remain valid. | ||
(5) Applicants shall submit, on a form provided by the | ||
Department, an indemnification bond in the amount of $20,000 | ||
or a letter of credit in the same amount for work performed in | ||
accordance with this Act and the rules promulgated under this | ||
Act. | ||
(5.5) The Department, upon notification by the Illinois | ||
Workers' Compensation Commission or the Department of |
Insurance, shall refuse the issuance or renewal of a license | ||
to, or suspend or revoke the license of, any individual, | ||
corporation, partnership, or other business entity that has | ||
been found by the Illinois Workers' Compensation Commission or | ||
the Department of Insurance to have failed: | ||
(a) to secure workers' compensation obligations in the | ||
manner required by subsections (a) and (b) of Section 4 of | ||
the Workers' Compensation Act; | ||
(b) to pay in full a fine or penalty imposed by the | ||
Illinois Workers' Compensation Commission or the | ||
Department of Insurance due to a failure to secure | ||
workers' compensation obligations in the manner required | ||
by subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act; or | ||
(c) to fulfill all obligations assumed pursuant to any | ||
settlement reached with the Illinois Workers' Compensation | ||
Commission or the Department of Insurance due to a failure | ||
to secure workers' compensation obligations in the manner | ||
required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act. | ||
A complaint filed with the Department by the Illinois | ||
Workers' Compensation Commission or the Department of | ||
Insurance that includes a certification, signed by its | ||
Director or Chairman or designee, attesting to a finding of | ||
the failure to secure workers' compensation obligations in the | ||
manner required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act or the failure to pay any fines or | ||
penalties or to discharge any obligation under a settlement | ||
relating to the failure to secure workers' compensation | ||
obligations in the manner required by subsections (a) and (b) | ||
of Section 4 of the Workers' Compensation Act is prima facie | ||
evidence of the licensee's or applicant's failure to comply | ||
with subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act. Upon receipt of that certification, the | ||
Department shall, without a hearing, immediately suspend all | ||
licenses held by the licensee or the processing of any | ||
application from the applicant. Enforcement of the | ||
Department's order shall be stayed for 60 days. The Department | ||
shall provide notice of the suspension to the licensee by | ||
mailing a copy of the Department's order to the licensee's or | ||
applicant's address of record or emailing a copy of the order | ||
to the licensee's or applicant's email address of record. The | ||
notice shall advise the licensee or applicant that the | ||
suspension shall be effective 60 days after the issuance of | ||
the order unless the Department receives, from the licensee or | ||
applicant, a request for a hearing before the Department to | ||
dispute the matters contained in the order. | ||
Upon receiving notice from the Illinois Workers' | ||
Compensation Commission or the Department of Insurance that | ||
the violation has been corrected or otherwise resolved, the | ||
Department shall vacate the order suspending a licensee's | ||
license or the processing of an applicant's application. |
No license shall be suspended or revoked until after the | ||
licensee is afforded any due process protection guaranteed by | ||
statute or rule adopted by the Illinois Workers' Compensation | ||
Commission or the Department of Insurance. | ||
(6) All employees of a registered plumbing contractor who | ||
engage in plumbing work shall be licensed plumbers or | ||
apprentice plumbers in accordance with this Act. | ||
(7) Plumbing contractors shall submit an annual | ||
registration fee in an amount to be established by rule. | ||
(8) The Department shall be notified in advance of any | ||
changes in the business structure, name, or location or of the | ||
addition or deletion of the owner or officer who is the | ||
licensed plumber listed on the application. Failure to notify | ||
the Department of this information is grounds for suspension | ||
or revocation of the plumbing contractor's registration. | ||
(9) In the event that the plumber's license on the | ||
application for registration of a plumbing contractor is a | ||
license issued by the City of Chicago, it shall be the | ||
responsibility of the applicant to forward a copy of the | ||
plumber's license to the Department, noting the name of the | ||
registered plumbing contractor, when it is renewed. In the | ||
event that the plumbing contractor's registration is suspended | ||
or revoked, the Department shall notify the City of Chicago | ||
and any corresponding plumbing contractor's license issued by | ||
the City of Chicago shall be suspended or revoked. | ||
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.) |
Section 430. The Timber Buyers Licensing Act is amended by | ||
changing Section 2 as follows: | ||
(225 ILCS 735/2) (from Ch. 111, par. 702) | ||
Sec. 2. Definitions. When used in this Act, unless the | ||
context otherwise requires, the term: | ||
"Agent" means any person acting on behalf of a timber | ||
buyer, employed by a timber buyer, or under an agreement, | ||
whether oral or written, with a timber buyer who buys timber, | ||
attempts to buy timber, procures contracts for the purchase or | ||
cutting of timber, or attempts to procure contracts for the | ||
purchase or cutting of timber. | ||
"Buying timber" means to buy, barter, cut on shares, or | ||
offer to buy, barter, cut on shares, or take possession of | ||
timber with the consent of the timber grower. | ||
"Department" means the Department of Natural Resources. | ||
"Director" means the Director of Natural Resources. | ||
"Good standing" means any person who is not: | ||
(1) currently serving a sentence of probation, or | ||
conditional discharge, for a violation of this Act or | ||
administrative rules adopted under this Act; | ||
(2) owes any amount of money pursuant to a civil | ||
judgment regarding the sale, cutting, or transportation of | ||
timber; | ||
(3) owes the Department any required fee, payment, or |
money required under this Act; or | ||
(4) is currently serving a suspension or revocation of | ||
any privilege that is granted under this Act. | ||
"Liability insurance" means not less than $500,000 in | ||
insurance covering a timber buyer's business and agents that | ||
shall insure against the liability of the insured for the | ||
death, injury, or disability of an employee or other person | ||
and insurance against the liability of the insured for damage | ||
to or destruction of another person's property. | ||
"Payment receipt" means copy or duplicate of an original | ||
receipt of payment for timber to a timber grower or duplicate | ||
of electronic or direct payment verification of funds received | ||
by timber grower. | ||
"Person" means any person, partnership, firm, association, | ||
business trust, limited liability company, or corporation. | ||
"Proof of ownership" means a printed document provided by | ||
the Department that serves as a written bill of lading. | ||
"Resident" means a person who in good faith makes | ||
application for any license or permit and verifies by | ||
statement that the person has maintained the person's | ||
permanent abode or headquarters in this State for a period of | ||
at least 30 consecutive days immediately preceding the | ||
person's application and who does not maintain a permanent | ||
abode or headquarters or claim residency in another state for | ||
the purposes of obtaining any of the same or similar licenses | ||
or permits covered by this Act. A person's permanent abode or |
headquarters is the person's fixed and permanent dwelling | ||
place or main location where the person conducts business, as | ||
distinguished from a temporary or transient place of residence | ||
or location. | ||
"Timber" means trees, standing or felled, and parts | ||
thereof which can be used for sawing or processing into lumber | ||
for building or structural purposes or for the manufacture of | ||
any article. "Timber" does not include firewood, Christmas | ||
trees, fruit or ornamental trees, or wood products not used or | ||
to be used for building, structural, manufacturing, or | ||
processing purposes. | ||
"Timber buyer" means any person licensed or unlicensed, | ||
who is engaged in the business of buying timber from the timber | ||
growers thereof for sawing into lumber, for processing or for | ||
resale, but does not include any person who occasionally | ||
purchases timber for sawing or processing for the person's own | ||
use and not for resale. | ||
"Timber grower" means the owner, tenant, or operator of | ||
land in this State who has an interest in, or is entitled to | ||
receive any part of the proceeds from the sale of timber grown | ||
in this State and includes persons exercising authority to | ||
sell timber. | ||
"Transporter" means any person acting on behalf of a | ||
timber buyer, employed by a timber buyer, or under an | ||
agreement, whether oral or written, with a timber buyer who | ||
takes or carries timber from one place to another by means of a |
motor vehicle. | ||
. | ||
(Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.) | ||
Section 435. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Sections 30 and 31 as follows: | ||
(230 ILCS 5/30) (from Ch. 8, par. 37-30) | ||
Sec. 30. (a) The General Assembly declares that it is the | ||
policy of this State to encourage the breeding of thoroughbred | ||
horses in this State and the ownership of such horses by | ||
residents of this State in order to provide for: sufficient | ||
numbers of high quality thoroughbred horses to participate in | ||
thoroughbred racing meetings in this State, and to establish | ||
and preserve the agricultural and commercial benefits of such | ||
breeding and racing industries to the State of Illinois. It is | ||
the intent of the General Assembly to further this policy by | ||
the provisions of this Act. | ||
(b) Each organization licensee conducting a thoroughbred | ||
racing meeting pursuant to this Act shall provide at least two | ||
races each day limited to Illinois conceived and foaled horses | ||
or Illinois foaled horses or both. A minimum of 6 races shall | ||
be conducted each week limited to Illinois conceived and | ||
foaled or Illinois foaled horses or both. No horses shall be | ||
permitted to start in such races unless duly registered under | ||
the rules of the Department of Agriculture. |
(c) Conditions of races under subsection (b) shall be | ||
commensurate with past performance, quality, and class of | ||
Illinois conceived and foaled and Illinois foaled horses | ||
available. If, however, sufficient competition cannot be had | ||
among horses of that class on any day, the races may, with | ||
consent of the Board, be eliminated for that day and | ||
substitute races provided. | ||
(d) There is hereby created a special fund of the State | ||
treasury Treasury to be known as the Illinois Thoroughbred | ||
Breeders Fund. | ||
Beginning on June 28, 2019 (the effective date of Public | ||
Act 101-31), the Illinois Thoroughbred Breeders Fund shall | ||
become a non-appropriated trust fund held separate from State | ||
moneys. Expenditures from this Fund shall no longer be subject | ||
to appropriation. | ||
Except as provided in subsection (g) of Section 27 of this | ||
Act, 8.5% of all the monies received by the State as privilege | ||
taxes on Thoroughbred racing meetings shall be paid into the | ||
Illinois Thoroughbred Breeders Fund. | ||
Notwithstanding any provision of law to the contrary, | ||
amounts deposited into the Illinois Thoroughbred Breeders Fund | ||
from revenues generated by gaming pursuant to an organization | ||
gaming license issued under the Illinois Gambling Act after | ||
June 28, 2019 (the effective date of Public Act 101-31) shall | ||
be in addition to tax and fee amounts paid under this Section | ||
for calendar year 2019 and thereafter. |
(e) The Illinois Thoroughbred Breeders Fund shall be | ||
administered by the Department of Agriculture with the advice | ||
and assistance of the Advisory Board created in subsection (f) | ||
of this Section. | ||
(f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||
shall consist of the Director of the Department of | ||
Agriculture, who shall serve as Chairman; a member of the | ||
Illinois Racing Board, designated by it; 2 representatives of | ||
the organization licensees conducting thoroughbred racing | ||
meetings, recommended by them; 2 representatives of the | ||
Illinois Thoroughbred Breeders and Owners Foundation, | ||
recommended by it; one representative of the Horsemen's | ||
Benevolent Protective Association; and one representative from | ||
the Illinois Thoroughbred Horsemen's Association. Advisory | ||
Board members shall serve for 2 years commencing January 1 of | ||
each odd numbered year. If representatives of the organization | ||
licensees conducting thoroughbred racing meetings, the | ||
Illinois Thoroughbred Breeders and Owners Foundation, the | ||
Horsemen's Benevolent Protection Association, and the Illinois | ||
Thoroughbred Horsemen's Association have not been recommended | ||
by January 1, of each odd numbered year, the Director of the | ||
Department of Agriculture shall make an appointment for the | ||
organization failing to so recommend a member of the Advisory | ||
Board. Advisory Board members shall receive no compensation | ||
for their services as members but shall be reimbursed for all | ||
actual and necessary expenses and disbursements incurred in |
the execution of their official duties. | ||
(g) Monies expended from the Illinois Thoroughbred | ||
Breeders Fund shall be expended by the Department of | ||
Agriculture, with the advice and assistance of the Illinois | ||
Thoroughbred Breeders Fund Advisory Board, for the following | ||
purposes only: | ||
(1) To provide purse supplements to owners of horses | ||
participating in races limited to Illinois conceived and | ||
foaled and Illinois foaled horses. Any such purse | ||
supplements shall not be included in and shall be paid in | ||
addition to any purses, stakes, or breeders' awards | ||
offered by each organization licensee as determined by | ||
agreement between such organization licensee and an | ||
organization representing the horsemen. No monies from the | ||
Illinois Thoroughbred Breeders Fund shall be used to | ||
provide purse supplements for claiming races in which the | ||
minimum claiming price is less than $7,500. | ||
(2) To provide stakes and awards to be paid to the | ||
owners of the winning horses in certain races limited to | ||
Illinois conceived and foaled and Illinois foaled horses | ||
designated as stakes races. | ||
(2.5) To provide an award to the owner or owners of an | ||
Illinois conceived and foaled or Illinois foaled horse | ||
that wins a maiden special weight, an allowance, overnight | ||
handicap race, or claiming race with claiming price of | ||
$10,000 or more providing the race is not restricted to |
Illinois conceived and foaled or Illinois foaled horses. | ||
Awards shall also be provided to the owner or owners of | ||
Illinois conceived and foaled and Illinois foaled horses | ||
that place second or third in those races. To the extent | ||
that additional moneys are required to pay the minimum | ||
additional awards of 40% of the purse the horse earns for | ||
placing first, second , or third in those races for | ||
Illinois foaled horses and of 60% of the purse the horse | ||
earns for placing first, second , or third in those races | ||
for Illinois conceived and foaled horses, those moneys | ||
shall be provided from the purse account at the track | ||
where earned. | ||
(3) To provide stallion awards to the owner or owners | ||
of any stallion that is duly registered with the Illinois | ||
Thoroughbred Breeders Fund Program whose duly registered | ||
Illinois conceived and foaled offspring wins a race | ||
conducted at an Illinois thoroughbred racing meeting other | ||
than a claiming race, provided that the stallion stood | ||
service within Illinois at the time the offspring was | ||
conceived and that the stallion did not stand for service | ||
outside of Illinois at any time during the year in which | ||
the offspring was conceived. | ||
(4) To provide $75,000 annually for purses to be | ||
distributed to county fairs that provide for the running | ||
of races during each county fair exclusively for the | ||
thoroughbreds conceived and foaled in Illinois. The |
conditions of the races shall be developed by the county | ||
fair association and reviewed by the Department with the | ||
advice and assistance of the Illinois Thoroughbred | ||
Breeders Fund Advisory Board. There shall be no wagering | ||
of any kind on the running of Illinois conceived and | ||
foaled races at county fairs. | ||
(4.1) To provide purse money for an Illinois stallion | ||
stakes program. | ||
(5) No less than 90% of all monies expended from the | ||
Illinois Thoroughbred Breeders Fund shall be expended for | ||
the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5) | ||
as shown above. | ||
(6) To provide for educational programs regarding the | ||
thoroughbred breeding industry. | ||
(7) To provide for research programs concerning the | ||
health, development and care of the thoroughbred horse. | ||
(8) To provide for a scholarship and training program | ||
for students of equine veterinary medicine. | ||
(9) To provide for dissemination of public information | ||
designed to promote the breeding of thoroughbred horses in | ||
Illinois. | ||
(10) To provide for all expenses incurred in the | ||
administration of the Illinois Thoroughbred Breeders Fund. | ||
(h) The Illinois Thoroughbred Breeders Fund is not subject | ||
to administrative charges or chargebacks, including, but not | ||
limited to, those authorized under Section 8h of the State |
Finance Act. | ||
(i) A sum equal to 13% of the first prize money of every | ||
purse won by an Illinois foaled or Illinois conceived and | ||
foaled horse in races not limited to Illinois foaled horses or | ||
Illinois conceived and foaled horses, or both, shall be paid | ||
by the organization licensee conducting the horse race | ||
meeting. Such sum shall be paid 50% from the organization | ||
licensee's share of the money wagered and 50% from the purse | ||
account as follows: 11 1/2% to the breeder of the winning horse | ||
and 1 1/2% to the organization representing thoroughbred | ||
breeders and owners who representative serves on the Illinois | ||
Thoroughbred Breeders Fund Advisory Board for verifying the | ||
amounts of breeders' awards earned, ensuring their | ||
distribution in accordance with this Act, and servicing and | ||
promoting the Illinois thoroughbred horse racing industry. | ||
Beginning in the calendar year in which an organization | ||
licensee that is eligible to receive payments under paragraph | ||
(13) of subsection (g) of Section 26 of this Act begins to | ||
receive funds from gaming pursuant to an organization gaming | ||
license issued under the Illinois Gambling Act, a sum equal to | ||
21 1/2% of the first prize money of every purse won by an | ||
Illinois foaled or an Illinois conceived and foaled horse in | ||
races not limited to an Illinois conceived and foaled horse, | ||
or both, shall be paid 30% from the organization licensee's | ||
account and 70% from the purse account as follows: 20% to the | ||
breeder of the winning horse and 1 1/2% to the organization |
representing thoroughbred breeders and owners whose | ||
representatives serve on the Illinois Thoroughbred Breeders | ||
Fund Advisory Board for verifying the amounts of breeders' | ||
awards earned, ensuring their distribution in accordance with | ||
this Act, and servicing and promoting the Illinois | ||
Thoroughbred racing industry. The organization representing | ||
thoroughbred breeders and owners shall cause all expenditures | ||
of monies received under this subsection (i) to be audited at | ||
least annually by a registered public accountant. The | ||
organization shall file copies of each annual audit with the | ||
Racing Board, the Clerk of the House of Representatives and | ||
the Secretary of the Senate, and shall make copies of each | ||
annual audit available to the public upon request and upon | ||
payment of the reasonable cost of photocopying the requested | ||
number of copies. Such payments shall not reduce any award to | ||
the owner of the horse or reduce the taxes payable under this | ||
Act. Upon completion of its racing meet, each organization | ||
licensee shall deliver to the organization representing | ||
thoroughbred breeders and owners whose representative serves | ||
on the Illinois Thoroughbred Breeders Fund Advisory Board a | ||
listing of all the Illinois foaled and the Illinois conceived | ||
and foaled horses which won breeders' awards and the amount of | ||
such breeders' awards under this subsection to verify accuracy | ||
of payments and assure proper distribution of breeders' awards | ||
in accordance with the provisions of this Act. Such payments | ||
shall be delivered by the organization licensee within 30 days |
of the end of each race meeting. | ||
(j) A sum equal to 13% of the first prize money won in | ||
every race limited to Illinois foaled horses or Illinois | ||
conceived and foaled horses, or both, shall be paid in the | ||
following manner by the organization licensee conducting the | ||
horse race meeting, 50% from the organization licensee's share | ||
of the money wagered and 50% from the purse account as follows: | ||
11 1/2% to the breeders of the horses in each such race which | ||
are the official first, second, third, and fourth finishers | ||
and 1 1/2% to the organization representing thoroughbred | ||
breeders and owners whose representatives serve on the | ||
Illinois Thoroughbred Breeders Fund Advisory Board for | ||
verifying the amounts of breeders' awards earned, ensuring | ||
their proper distribution in accordance with this Act, and | ||
servicing and promoting the Illinois horse racing industry. | ||
Beginning in the calendar year in which an organization | ||
licensee that is eligible to receive payments under paragraph | ||
(13) of subsection (g) of Section 26 of this Act begins to | ||
receive funds from gaming pursuant to an organization gaming | ||
license issued under the Illinois Gambling Act, a sum of 21 | ||
1/2% of every purse in a race limited to Illinois foaled horses | ||
or Illinois conceived and foaled horses, or both, shall be | ||
paid by the organization licensee conducting the horse race | ||
meeting. Such sum shall be paid 30% from the organization | ||
licensee's account and 70% from the purse account as follows: | ||
20% to the breeders of the horses in each such race who are |
official first, second, third and fourth finishers and 1 1/2% | ||
to the organization representing thoroughbred breeders and | ||
owners whose representatives serve on the Illinois | ||
Thoroughbred Breeders Fund Advisory Board for verifying the | ||
amounts of breeders' awards earned, ensuring their proper | ||
distribution in accordance with this Act, and servicing and | ||
promoting the Illinois thoroughbred horse racing industry. The | ||
organization representing thoroughbred breeders and owners | ||
shall cause all expenditures of moneys received under this | ||
subsection (j) to be audited at least annually by a registered | ||
public accountant. The organization shall file copies of each | ||
annual audit with the Racing Board, the Clerk of the House of | ||
Representatives and the Secretary of the Senate, and shall | ||
make copies of each annual audit available to the public upon | ||
request and upon payment of the reasonable cost of | ||
photocopying the requested number of copies. The copies of the | ||
audit to the General Assembly shall be filed with the Clerk of | ||
the House of Representatives and the Secretary of the Senate | ||
in electronic form only, in the manner that the Clerk and the | ||
Secretary shall direct. | ||
The amounts paid to the breeders in accordance with this | ||
subsection shall be distributed as follows: | ||
(1) 60% of such sum shall be paid to the breeder of the | ||
horse which finishes in the official first position; | ||
(2) 20% of such sum shall be paid to the breeder of the | ||
horse which finishes in the official second position; |
(3) 15% of such sum shall be paid to the breeder of the | ||
horse which finishes in the official third position; and | ||
(4) 5% of such sum shall be paid to the breeder of the | ||
horse which finishes in the official fourth position. | ||
Such payments shall not reduce any award to the owners of a | ||
horse or reduce the taxes payable under this Act. Upon | ||
completion of its racing meet, each organization licensee | ||
shall deliver to the organization representing thoroughbred | ||
breeders and owners whose representative serves on the | ||
Illinois Thoroughbred Breeders Fund Advisory Board a listing | ||
of all the Illinois foaled and the Illinois conceived and | ||
foaled horses which won breeders' awards and the amount of | ||
such breeders' awards in accordance with the provisions of | ||
this Act. Such payments shall be delivered by the organization | ||
licensee within 30 days of the end of each race meeting. | ||
(k) The term "breeder", as used herein, means the owner of | ||
the mare at the time the foal is dropped. An "Illinois foaled | ||
horse" is a foal dropped by a mare which enters this State on | ||
or before December 1, in the year in which the horse is bred, | ||
provided the mare remains continuously in this State until its | ||
foal is born. An "Illinois foaled horse" also means a foal born | ||
of a mare in the same year as the mare enters this State on or | ||
before March 1, and remains in this State at least 30 days | ||
after foaling, is bred back during the season of the foaling to | ||
an Illinois Registered Stallion (unless a veterinarian | ||
certifies that the mare should not be bred for health |
reasons), and is not bred to a stallion standing in any other | ||
state during the season of foaling. An "Illinois foaled horse" | ||
also means a foal born in Illinois of a mare purchased at | ||
public auction subsequent to the mare entering this State on | ||
or before March 1 of the foaling year providing the mare is | ||
owned solely by one or more Illinois residents or an Illinois | ||
entity that is entirely owned by one or more Illinois | ||
residents. | ||
(l) The Department of Agriculture shall, by rule, with the | ||
advice and assistance of the Illinois Thoroughbred Breeders | ||
Fund Advisory Board: | ||
(1) Qualify stallions for Illinois breeding; such | ||
stallions to stand for service within the State of | ||
Illinois at the time of a foal's conception. Such stallion | ||
must not stand for service at any place outside the State | ||
of Illinois during the calendar year in which the foal is | ||
conceived. The Department of Agriculture may assess and | ||
collect an application fee of up to $500 for the | ||
registration of Illinois-eligible stallions. All fees | ||
collected are to be held in trust accounts for the | ||
purposes set forth in this Act and in accordance with | ||
Section 205-15 of the Department of Agriculture Law. | ||
(2) Provide for the registration of Illinois conceived | ||
and foaled horses and Illinois foaled horses. No such | ||
horse shall compete in the races limited to Illinois | ||
conceived and foaled horses or Illinois foaled horses or |
both unless registered with the Department of Agriculture. | ||
The Department of Agriculture may prescribe such forms as | ||
are necessary to determine the eligibility of such horses. | ||
The Department of Agriculture may assess and collect | ||
application fees for the registration of Illinois-eligible | ||
foals. All fees collected are to be held in trust accounts | ||
for the purposes set forth in this Act and in accordance | ||
with Section 205-15 of the Department of Agriculture Law. | ||
No person shall knowingly prepare or cause preparation of | ||
an application for registration of such foals containing | ||
false information. | ||
(m) The Department of Agriculture, with the advice and | ||
assistance of the Illinois Thoroughbred Breeders Fund Advisory | ||
Board, shall provide that certain races limited to Illinois | ||
conceived and foaled and Illinois foaled horses be stakes | ||
races and determine the total amount of stakes and awards to be | ||
paid to the owners of the winning horses in such races. | ||
In determining the stakes races and the amount of awards | ||
for such races, the Department of Agriculture shall consider | ||
factors, including , but not limited to, the amount of money | ||
transferred into the Illinois Thoroughbred Breeders Fund, | ||
organization licensees' contributions, availability of stakes | ||
caliber horses as demonstrated by past performances, whether | ||
the race can be coordinated into the proposed racing dates | ||
within organization licensees' racing dates, opportunity for | ||
colts and fillies and various age groups to race, public |
wagering on such races, and the previous racing schedule. | ||
(n) The Board and the organization licensee shall notify | ||
the Department of the conditions and minimum purses for races | ||
limited to Illinois conceived and foaled and Illinois foaled | ||
horses conducted for each organization licensee conducting a | ||
thoroughbred racing meeting. The Department of Agriculture | ||
with the advice and assistance of the Illinois Thoroughbred | ||
Breeders Fund Advisory Board may allocate monies for purse | ||
supplements for such races. In determining whether to allocate | ||
money and the amount, the Department of Agriculture shall | ||
consider factors, including , but not limited to, the amount of | ||
money transferred into the Illinois Thoroughbred Breeders | ||
Fund, the number of races that may occur, and the organization | ||
licensee's purse structure. | ||
(o) (Blank). | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.) | ||
(230 ILCS 5/31) (from Ch. 8, par. 37-31) | ||
Sec. 31. (a) The General Assembly declares that it is the | ||
policy of this State to encourage the breeding of standardbred | ||
horses in this State and the ownership of such horses by | ||
residents of this State in order to provide for: sufficient | ||
numbers of high quality standardbred horses to participate in | ||
harness racing meetings in this State, and to establish and | ||
preserve the agricultural and commercial benefits of such | ||
breeding and racing industries to the State of Illinois. It is |
the intent of the General Assembly to further this policy by | ||
the provisions of this Section of this Act. | ||
(b) Each organization licensee conducting a harness racing | ||
meeting pursuant to this Act shall provide for at least two | ||
races each race program limited to Illinois conceived and | ||
foaled horses. A minimum of 6 races shall be conducted each | ||
week limited to Illinois conceived and foaled horses. No | ||
horses shall be permitted to start in such races unless duly | ||
registered under the rules of the Department of Agriculture. | ||
(b-5) Organization licensees, not including the Illinois | ||
State Fair or the DuQuoin State Fair, shall provide stake | ||
races and early closer races for Illinois conceived and foaled | ||
horses so that purses distributed for such races shall be no | ||
less than 17% of total purses distributed for harness racing | ||
in that calendar year in addition to any stakes payments and | ||
starting fees contributed by horse owners. | ||
(b-10) Each organization licensee conducting a harness | ||
racing meeting pursuant to this Act shall provide an owner | ||
award to be paid from the purse account equal to 12% of the | ||
amount earned by Illinois conceived and foaled horses | ||
finishing in the first 3 positions in races that are not | ||
restricted to Illinois conceived and foaled horses. The owner | ||
awards shall not be paid on races below the $10,000 claiming | ||
class. | ||
(c) Conditions of races under subsection (b) shall be | ||
commensurate with past performance, quality , and class of |
Illinois conceived and foaled horses available. If, however, | ||
sufficient competition cannot be had among horses of that | ||
class on any day, the races may, with consent of the Board, be | ||
eliminated for that day and substitute races provided. | ||
(d) There is hereby created a special fund of the State | ||
treasury Treasury to be known as the Illinois Standardbred | ||
Breeders Fund. Beginning on June 28, 2019 (the effective date | ||
of Public Act 101-31), the Illinois Standardbred Breeders Fund | ||
shall become a non-appropriated trust fund held separate and | ||
apart from State moneys. Expenditures from this Fund shall no | ||
longer be subject to appropriation. | ||
During the calendar year 1981, and each year thereafter, | ||
except as provided in subsection (g) of Section 27 of this Act, | ||
eight and one-half per cent of all the monies received by the | ||
State as privilege taxes on harness racing meetings shall be | ||
paid into the Illinois Standardbred Breeders Fund. | ||
(e) Notwithstanding any provision of law to the contrary, | ||
amounts deposited into the Illinois Standardbred Breeders Fund | ||
from revenues generated by gaming pursuant to an organization | ||
gaming license issued under the Illinois Gambling Act after | ||
June 28, 2019 (the effective date of Public Act 101-31) shall | ||
be in addition to tax and fee amounts paid under this Section | ||
for calendar year 2019 and thereafter. The Illinois | ||
Standardbred Breeders Fund shall be administered by the | ||
Department of Agriculture with the assistance and advice of | ||
the Advisory Board created in subsection (f) of this Section. |
(f) The Illinois Standardbred Breeders Fund Advisory Board | ||
is hereby created. The Advisory Board shall consist of the | ||
Director of the Department of Agriculture, who shall serve as | ||
Chairman; the Superintendent of the Illinois State Fair; a | ||
member of the Illinois Racing Board, designated by it; a | ||
representative of the largest association of Illinois | ||
standardbred owners and breeders, recommended by it; a | ||
representative of a statewide association representing | ||
agricultural fairs in Illinois, recommended by it, such | ||
representative to be from a fair at which Illinois conceived | ||
and foaled racing is conducted; a representative of the | ||
organization licensees conducting harness racing meetings, | ||
recommended by them; a representative of the Breeder's | ||
Committee of the association representing the largest number | ||
of standardbred owners, breeders, trainers, caretakers, and | ||
drivers, recommended by it; and a representative of the | ||
association representing the largest number of standardbred | ||
owners, breeders, trainers, caretakers, and drivers, | ||
recommended by it. Advisory Board members shall serve for 2 | ||
years commencing January 1 of each odd numbered year. If | ||
representatives of the largest association of Illinois | ||
standardbred owners and breeders, a statewide association of | ||
agricultural fairs in Illinois, the association representing | ||
the largest number of standardbred owners, breeders, trainers, | ||
caretakers, and drivers, a member of the Breeder's Committee | ||
of the association representing the largest number of |
standardbred owners, breeders, trainers, caretakers, and | ||
drivers, and the organization licensees conducting harness | ||
racing meetings have not been recommended by January 1 of each | ||
odd numbered year, the Director of the Department of | ||
Agriculture shall make an appointment for the organization | ||
failing to so recommend a member of the Advisory Board. | ||
Advisory Board members shall receive no compensation for their | ||
services as members but shall be reimbursed for all actual and | ||
necessary expenses and disbursements incurred in the execution | ||
of their official duties. | ||
(g) Monies expended from the Illinois Standardbred | ||
Breeders Fund shall be expended by the Department of | ||
Agriculture, with the assistance and advice of the Illinois | ||
Standardbred Breeders Fund Advisory Board for the following | ||
purposes only: | ||
1. To provide purses for races limited to Illinois | ||
conceived and foaled horses at the State Fair and the | ||
DuQuoin State Fair. | ||
2. To provide purses for races limited to Illinois | ||
conceived and foaled horses at county fairs. | ||
3. To provide purse supplements for races limited to | ||
Illinois conceived and foaled horses conducted by | ||
associations conducting harness racing meetings. | ||
4. No less than 75% of all monies in the Illinois | ||
Standardbred Breeders Fund shall be expended for purses in | ||
1, 2, and 3 as shown above. |
5. In the discretion of the Department of Agriculture | ||
to provide awards to harness breeders of Illinois | ||
conceived and foaled horses which win races conducted by | ||
organization licensees conducting harness racing meetings. | ||
A breeder is the owner of a mare at the time of conception. | ||
No more than 10% of all moneys transferred into the | ||
Illinois Standardbred Breeders Fund shall be expended for | ||
such harness breeders awards. No more than 25% of the | ||
amount expended for harness breeders awards shall be | ||
expended for expenses incurred in the administration of | ||
such harness breeders awards. | ||
6. To pay for the improvement of racing facilities | ||
located at the State Fair and County fairs. | ||
7. To pay the expenses incurred in the administration | ||
of the Illinois Standardbred Breeders Fund. | ||
8. To promote the sport of harness racing, including | ||
grants up to a maximum of $7,500 per fair per year for | ||
conducting pari-mutuel wagering during the advertised | ||
dates of a county fair. | ||
9. To pay up to $50,000 annually for the Department of | ||
Agriculture to conduct drug testing at county fairs racing | ||
standardbred horses. | ||
(h) The Illinois Standardbred Breeders Fund is not subject | ||
to administrative charges or chargebacks, including, but not | ||
limited to, those authorized under Section 8h of the State | ||
Finance Act. |
(i) A sum equal to 13% of the first prize money of the | ||
gross purse won by an Illinois conceived and foaled horse | ||
shall be paid 50% by the organization licensee conducting the | ||
horse race meeting to the breeder of such winning horse from | ||
the organization licensee's account and 50% from the purse | ||
account of the licensee. Such payment shall not reduce any | ||
award to the owner of the horse or reduce the taxes payable | ||
under this Act. Such payment shall be delivered by the | ||
organization licensee at the end of each quarter. | ||
(j) The Department of Agriculture shall, by rule, with the | ||
assistance and advice of the Illinois Standardbred Breeders | ||
Fund Advisory Board: | ||
1. Qualify stallions for Illinois Standardbred | ||
Breeders Fund breeding. Such stallion shall stand for | ||
service at and within the State of Illinois at the time of | ||
a foal's conception, and such stallion must not stand for | ||
service at any place outside the State of Illinois during | ||
that calendar year in which the foal is conceived. | ||
However, on and after January 1, 2018, semen from an | ||
Illinois stallion may be transported outside the State of | ||
Illinois. | ||
2. Provide for the registration of Illinois conceived | ||
and foaled horses and no such horse shall compete in the | ||
races limited to Illinois conceived and foaled horses | ||
unless registered with the Department of Agriculture. The | ||
Department of Agriculture may prescribe such forms as may |
be necessary to determine the eligibility of such horses. | ||
No person shall knowingly prepare or cause preparation of | ||
an application for registration of such foals containing | ||
false information. A mare (dam) must be in the State at | ||
least 30 days prior to foaling or remain in the State at | ||
least 30 days at the time of foaling. However, the | ||
requirement that a mare (dam) must be in the State at least | ||
30 days before foaling or remain in the State at least 30 | ||
days at the time of foaling shall not be in effect from | ||
January 1, 2018 until January 1, 2022. Beginning with the | ||
1996 breeding season and for foals of 1997 and thereafter, | ||
a foal conceived by transported semen may be eligible for | ||
Illinois conceived and foaled registration provided all | ||
breeding and foaling requirements are met. The stallion | ||
must be qualified for Illinois Standardbred Breeders Fund | ||
breeding at the time of conception. The foal must be | ||
dropped in Illinois and properly registered with the | ||
Department of Agriculture in accordance with this Act. | ||
However, from January 1, 2018 until January 1, 2022, the | ||
requirement for a mare to be inseminated within the State | ||
of Illinois and the requirement for a foal to be dropped in | ||
Illinois are inapplicable. | ||
3. Provide that at least a 5-day racing program shall | ||
be conducted at the State Fair each year, unless an | ||
alternate racing program is requested by the Illinois | ||
Standardbred Breeders Fund Advisory Board, which program |
shall include at least the following races limited to | ||
Illinois conceived and foaled horses: (a) a 2-year-old | ||
Trot and Pace, and Filly Division of each; (b) a | ||
3-year-old Trot and Pace, and Filly Division of each; (c) | ||
an aged Trot and Pace, and Mare Division of each. | ||
4. Provide for the payment of nominating, sustaining , | ||
and starting fees for races promoting the sport of harness | ||
racing and for the races to be conducted at the State Fair | ||
as provided in paragraph subsection (j) 3 of this | ||
subsection Section provided that the nominating, | ||
sustaining , and starting payment required from an entrant | ||
shall not exceed 2% of the purse of such race. All | ||
nominating, sustaining , and starting payments shall be | ||
held for the benefit of entrants and shall be paid out as | ||
part of the respective purses for such races. Nominating, | ||
sustaining , and starting fees shall be held in trust | ||
accounts for the purposes as set forth in this Act and in | ||
accordance with Section 205-15 of the Department of | ||
Agriculture Law. | ||
5. Provide for the registration with the Department of | ||
Agriculture of Colt Associations or county fairs desiring | ||
to sponsor races at county fairs. | ||
6. Provide for the promotion of producing standardbred | ||
racehorses by providing a bonus award program for owners | ||
of 2-year-old horses that win multiple major stakes races | ||
that are limited to Illinois conceived and foaled horses. |
(k) The Department of Agriculture, with the advice and | ||
assistance of the Illinois Standardbred Breeders Fund Advisory | ||
Board, may allocate monies for purse supplements for such | ||
races. In determining whether to allocate money and the | ||
amount, the Department of Agriculture shall consider factors, | ||
including, but not limited to, the amount of money transferred | ||
into the Illinois Standardbred Breeders Fund, the number of | ||
races that may occur, and an organization licensee's purse | ||
structure. The organization licensee shall notify the | ||
Department of Agriculture of the conditions and minimum purses | ||
for races limited to Illinois conceived and foaled horses to | ||
be conducted by each organization licensee conducting a | ||
harness racing meeting for which purse supplements have been | ||
negotiated. | ||
(l) All races held at county fairs and the State Fair which | ||
receive funds from the Illinois Standardbred Breeders Fund | ||
shall be conducted in accordance with the rules of the United | ||
States Trotting Association unless otherwise modified by the | ||
Department of Agriculture. | ||
(m) At all standardbred race meetings held or conducted | ||
under authority of a license granted by the Board, and at all | ||
standardbred races held at county fairs which are approved by | ||
the Department of Agriculture or at the Illinois or DuQuoin | ||
State Fairs, no one shall jog, train, warm up , or drive a | ||
standardbred horse unless he or she is wearing a protective | ||
safety helmet, with the chin strap fastened and in place, |
which meets the standards and requirements as set forth in the | |||||||||||
1984 Standard for Protective Headgear for Use in Harness | |||||||||||
Racing and Other Equestrian Sports published by the Snell | |||||||||||
Memorial Foundation, or any standards and requirements for | |||||||||||
headgear the Illinois Racing Board may approve. Any other | |||||||||||
standards and requirements so approved by the Board shall | |||||||||||
equal or exceed those published by the Snell Memorial | |||||||||||
Foundation. Any equestrian helmet bearing the Snell label | |||||||||||
shall be deemed to have met those standards and requirements. | |||||||||||
(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21; | |||||||||||
103-8, eff. 6-7-23; revised 9-26-23.) | |||||||||||
Section 440. The Liquor Control Act of 1934 is amended by | |||||||||||
changing Section 5-3 as follows: | |||||||||||
(235 ILCS 5/5-3) (from Ch. 43, par. 118) | |||||||||||
Sec. 5-3. License fees. Except as otherwise provided | |||||||||||
herein, at the time application is made to the State | |||||||||||
Commission for a license of any class, the applicant shall pay | |||||||||||
to the State Commission the fee hereinafter provided for the | |||||||||||
kind of license applied for. | |||||||||||
The fee for licenses issued by the State Commission shall | |||||||||||
be as follows: | |||||||||||
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Fees collected under this Section shall be paid into the | ||||||||||||||||||||||||||||||||||||||
Dram Shop Fund. The State Commission shall waive license | ||||||||||||||||||||||||||||||||||||||
renewal fees for those retailers' licenses that are designated | ||||||||||||||||||||||||||||||||||||||
as "1A" by the State Commission and expire on or after July 1, | ||||||||||||||||||||||||||||||||||||||
2022, and on or before June 30, 2023. One-half of the funds | ||||||||||||||||||||||||||||||||||||||
received for a retailer's license shall be paid into the Dram | ||||||||||||||||||||||||||||||||||||||
Shop Fund and one-half of the funds received for a retailer's | ||||||||||||||||||||||||||||||||||||||
license shall be paid into the General Revenue Fund. | ||||||||||||||||||||||||||||||||||||||
No fee shall be paid for licenses issued by the State | ||||||||||||||||||||||||||||||||||||||
Commission to the following non-beverage users: | ||||||||||||||||||||||||||||||||||||||
(a) Hospitals, sanitariums, or clinics when their use | ||||||||||||||||||||||||||||||||||||||
of alcoholic liquor is exclusively medicinal, mechanical , | ||||||||||||||||||||||||||||||||||||||
or scientific. | ||||||||||||||||||||||||||||||||||||||
(b) Universities, colleges of learning , or schools |
when their use of alcoholic liquor is exclusively | ||
medicinal, mechanical , or scientific. | ||
(c) Laboratories when their use is exclusively for the | ||
purpose of scientific research. | ||
(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff. | ||
6-30-23; revised 9-5-23.) | ||
Section 445. The Illinois Public Aid Code is amended by | ||
changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8, | ||
5A-12.7, 6-9, and 6-12, by setting forth, renumbering, and | ||
changing multiple versions of Section 5-47, and by setting | ||
forth and renumbering multiple versions of Section 12-4.57 as | ||
follows: | ||
(305 ILCS 5/5-4.2) | ||
Sec. 5-4.2. Ambulance services payments. | ||
(a) For ambulance services provided to a recipient of aid | ||
under this Article on or after January 1, 1993, the Illinois | ||
Department shall reimburse ambulance service providers at | ||
rates calculated in accordance with this Section. It is the | ||
intent of the General Assembly to provide adequate | ||
reimbursement for ambulance services so as to ensure adequate | ||
access to services for recipients of aid under this Article | ||
and to provide appropriate incentives to ambulance service | ||
providers to provide services in an efficient and |
cost-effective manner. Thus, it is the intent of the General | ||
Assembly that the Illinois Department implement a | ||
reimbursement system for ambulance services that, to the | ||
extent practicable and subject to the availability of funds | ||
appropriated by the General Assembly for this purpose, is | ||
consistent with the payment principles of Medicare. To ensure | ||
uniformity between the payment principles of Medicare and | ||
Medicaid, the Illinois Department shall follow, to the extent | ||
necessary and practicable and subject to the availability of | ||
funds appropriated by the General Assembly for this purpose, | ||
the statutes, laws, regulations, policies, procedures, | ||
principles, definitions, guidelines, and manuals used to | ||
determine the amounts paid to ambulance service providers | ||
under Title XVIII of the Social Security Act (Medicare). | ||
(b) For ambulance services provided to a recipient of aid | ||
under this Article on or after January 1, 1996, the Illinois | ||
Department shall reimburse ambulance service providers based | ||
upon the actual distance traveled if a natural disaster, | ||
weather conditions, road repairs, or traffic congestion | ||
necessitates the use of a route other than the most direct | ||
route. | ||
(c) For purposes of this Section, "ambulance services" | ||
includes medical transportation services provided by means of | ||
an ambulance, air ambulance, medi-car, service car, or taxi. | ||
(c-1) For purposes of this Section, "ground ambulance | ||
service" means medical transportation services that are |
described as ground ambulance services by the Centers for | ||
Medicare and Medicaid Services and provided in a vehicle that | ||
is licensed as an ambulance by the Illinois Department of | ||
Public Health pursuant to the Emergency Medical Services (EMS) | ||
Systems Act. | ||
(c-2) For purposes of this Section, "ground ambulance | ||
service provider" means a vehicle service provider as | ||
described in the Emergency Medical Services (EMS) Systems Act | ||
that operates licensed ambulances for the purpose of providing | ||
emergency ambulance services, or non-emergency ambulance | ||
services, or both. For purposes of this Section, this includes | ||
both ambulance providers and ambulance suppliers as described | ||
by the Centers for Medicare and Medicaid Services. | ||
(c-3) For purposes of this Section, "medi-car" means | ||
transportation services provided to a patient who is confined | ||
to a wheelchair and requires the use of a hydraulic or electric | ||
lift or ramp and wheelchair lockdown when the patient's | ||
condition does not require medical observation, medical | ||
supervision, medical equipment, the administration of | ||
medications, or the administration of oxygen. | ||
(c-4) For purposes of this Section, "service car" means | ||
transportation services provided to a patient by a passenger | ||
vehicle where that patient does not require the specialized | ||
modes described in subsection (c-1) or (c-3). | ||
(c-5) For purposes of this Section, "air ambulance | ||
service" means medical transport by helicopter or airplane for |
patients, as defined in 29 U.S.C. 1185f(c)(1), and any service | ||
that is described as an air ambulance service by the federal | ||
Centers for Medicare and Medicaid Services. | ||
(d) This Section does not prohibit separate billing by | ||
ambulance service providers for oxygen furnished while | ||
providing advanced life support services. | ||
(e) Beginning with services rendered on or after July 1, | ||
2008, all providers of non-emergency medi-car and service car | ||
transportation must certify that the driver and employee | ||
attendant, as applicable, have completed a safety program | ||
approved by the Department to protect both the patient and the | ||
driver, prior to transporting a patient. The provider must | ||
maintain this certification in its records. The provider shall | ||
produce such documentation upon demand by the Department or | ||
its representative. Failure to produce documentation of such | ||
training shall result in recovery of any payments made by the | ||
Department for services rendered by a non-certified driver or | ||
employee attendant. Medi-car and service car providers must | ||
maintain legible documentation in their records of the driver | ||
and, as applicable, employee attendant that actually | ||
transported the patient. Providers must recertify all drivers | ||
and employee attendants every 3 years. If they meet the | ||
established training components set forth by the Department, | ||
providers of non-emergency medi-car and service car | ||
transportation that are either directly or through an | ||
affiliated company licensed by the Department of Public Health |
shall be approved by the Department to have in-house safety | ||
programs for training their own staff. | ||
Notwithstanding the requirements above, any public | ||
transportation provider of medi-car and service car | ||
transportation that receives federal funding under 49 U.S.C. | ||
5307 and 5311 need not certify its drivers and employee | ||
attendants under this Section, since safety training is | ||
already federally mandated. | ||
(f) With respect to any policy or program administered by | ||
the Department or its agent regarding approval of | ||
non-emergency medical transportation by ground ambulance | ||
service providers, including, but not limited to, the | ||
Non-Emergency Transportation Services Prior Approval Program | ||
(NETSPAP), the Department shall establish by rule a process by | ||
which ground ambulance service providers of non-emergency | ||
medical transportation may appeal any decision by the | ||
Department or its agent for which no denial was received prior | ||
to the time of transport that either (i) denies a request for | ||
approval for payment of non-emergency transportation by means | ||
of ground ambulance service or (ii) grants a request for | ||
approval of non-emergency transportation by means of ground | ||
ambulance service at a level of service that entitles the | ||
ground ambulance service provider to a lower level of | ||
compensation from the Department than the ground ambulance | ||
service provider would have received as compensation for the | ||
level of service requested. The rule shall be filed by |
December 15, 2012 and shall provide that, for any decision | ||
rendered by the Department or its agent on or after the date | ||
the rule takes effect, the ground ambulance service provider | ||
shall have 60 days from the date the decision is received to | ||
file an appeal. The rule established by the Department shall | ||
be, insofar as is practical, consistent with the Illinois | ||
Administrative Procedure Act. The Director's decision on an | ||
appeal under this Section shall be a final administrative | ||
decision subject to review under the Administrative Review | ||
Law. | ||
(f-5) Beginning 90 days after July 20, 2012 (the effective | ||
date of Public Act 97-842), (i) no denial of a request for | ||
approval for payment of non-emergency transportation by means | ||
of ground ambulance service, and (ii) no approval of | ||
non-emergency transportation by means of ground ambulance | ||
service at a level of service that entitles the ground | ||
ambulance service provider to a lower level of compensation | ||
from the Department than would have been received at the level | ||
of service submitted by the ground ambulance service provider, | ||
may be issued by the Department or its agent unless the | ||
Department has submitted the criteria for determining the | ||
appropriateness of the transport for first notice publication | ||
in the Illinois Register pursuant to Section 5-40 of the | ||
Illinois Administrative Procedure Act. | ||
(f-6) Within 90 days after June 2, 2022 ( the effective | ||
date of Public Act 102-1037) this amendatory Act of the 102nd |
General Assembly and subject to federal approval, the | ||
Department shall file rules to allow for the approval of | ||
ground ambulance services when the sole purpose of the | ||
transport is for the navigation of stairs or the assisting or | ||
lifting of a patient at a medical facility or during a medical | ||
appointment in instances where the Department or a contracted | ||
Medicaid managed care organization or their transportation | ||
broker is unable to secure transportation through any other | ||
transportation provider. | ||
(f-7) For non-emergency ground ambulance claims properly | ||
denied under Department policy at the time the claim is filed | ||
due to failure to submit a valid Medical Certification for | ||
Non-Emergency Ambulance on and after December 15, 2012 and | ||
prior to January 1, 2021, the Department shall allot | ||
$2,000,000 to a pool to reimburse such claims if the provider | ||
proves medical necessity for the service by other means. | ||
Providers must submit any such denied claims for which they | ||
seek compensation to the Department no later than December 31, | ||
2021 along with documentation of medical necessity. No later | ||
than May 31, 2022, the Department shall determine for which | ||
claims medical necessity was established. Such claims for | ||
which medical necessity was established shall be paid at the | ||
rate in effect at the time of the service, provided the | ||
$2,000,000 is sufficient to pay at those rates. If the pool is | ||
not sufficient, claims shall be paid at a uniform percentage | ||
of the applicable rate such that the pool of $2,000,000 is |
exhausted. The appeal process described in subsection (f) | ||
shall not be applicable to the Department's determinations | ||
made in accordance with this subsection. | ||
(g) Whenever a patient covered by a medical assistance | ||
program under this Code or by another medical program | ||
administered by the Department, including a patient covered | ||
under the State's Medicaid managed care program, is being | ||
transported from a facility and requires non-emergency | ||
transportation including ground ambulance, medi-car, or | ||
service car transportation, a Physician Certification | ||
Statement as described in this Section shall be required for | ||
each patient. Facilities shall develop procedures for a | ||
licensed medical professional to provide a written and signed | ||
Physician Certification Statement. The Physician Certification | ||
Statement shall specify the level of transportation services | ||
needed and complete a medical certification establishing the | ||
criteria for approval of non-emergency ambulance | ||
transportation, as published by the Department of Healthcare | ||
and Family Services, that is met by the patient. This | ||
certification shall be completed prior to ordering the | ||
transportation service and prior to patient discharge. The | ||
Physician Certification Statement is not required prior to | ||
transport if a delay in transport can be expected to | ||
negatively affect the patient outcome. If the ground ambulance | ||
provider, medi-car provider, or service car provider is unable | ||
to obtain the required Physician Certification Statement |
within 10 calendar days following the date of the service, the | ||
ground ambulance provider, medi-car provider, or service car | ||
provider must document its attempt to obtain the requested | ||
certification and may then submit the claim for payment. | ||
Acceptable documentation includes a signed return receipt from | ||
the U.S. Postal Service, facsimile receipt, email receipt, or | ||
other similar service that evidences that the ground ambulance | ||
provider, medi-car provider, or service car provider attempted | ||
to obtain the required Physician Certification Statement. | ||
The medical certification specifying the level and type of | ||
non-emergency transportation needed shall be in the form of | ||
the Physician Certification Statement on a standardized form | ||
prescribed by the Department of Healthcare and Family | ||
Services. Within 75 days after July 27, 2018 (the effective | ||
date of Public Act 100-646), the Department of Healthcare and | ||
Family Services shall develop a standardized form of the | ||
Physician Certification Statement specifying the level and | ||
type of transportation services needed in consultation with | ||
the Department of Public Health, Medicaid managed care | ||
organizations, a statewide association representing ambulance | ||
providers, a statewide association representing hospitals, 3 | ||
statewide associations representing nursing homes, and other | ||
stakeholders. The Physician Certification Statement shall | ||
include, but is not limited to, the criteria necessary to | ||
demonstrate medical necessity for the level of transport | ||
needed as required by (i) the Department of Healthcare and |
Family Services and (ii) the federal Centers for Medicare and | ||
Medicaid Services as outlined in the Centers for Medicare and | ||
Medicaid Services' Medicare Benefit Policy Manual, Pub. | ||
100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician | ||
Certification Statement shall satisfy the obligations of | ||
hospitals under Section 6.22 of the Hospital Licensing Act and | ||
nursing homes under Section 2-217 of the Nursing Home Care | ||
Act. Implementation and acceptance of the Physician | ||
Certification Statement shall take place no later than 90 days | ||
after the issuance of the Physician Certification Statement by | ||
the Department of Healthcare and Family Services. | ||
Pursuant to subsection (E) of Section 12-4.25 of this | ||
Code, the Department is entitled to recover overpayments paid | ||
to a provider or vendor, including, but not limited to, from | ||
the discharging physician, the discharging facility, and the | ||
ground ambulance service provider, in instances where a | ||
non-emergency ground ambulance service is rendered as the | ||
result of improper or false certification. | ||
Beginning October 1, 2018, the Department of Healthcare | ||
and Family Services shall collect data from Medicaid managed | ||
care organizations and transportation brokers, including the | ||
Department's NETSPAP broker, regarding denials and appeals | ||
related to the missing or incomplete Physician Certification | ||
Statement forms and overall compliance with this subsection. | ||
The Department of Healthcare and Family Services shall publish | ||
quarterly results on its website within 15 days following the |
end of each quarter. | ||
(h) On and after July 1, 2012, the Department shall reduce | ||
any rate of reimbursement for services or other payments or | ||
alter any methodologies authorized by this Code to reduce any | ||
rate of reimbursement for services or other payments in | ||
accordance with Section 5-5e. | ||
(i) Subject to federal approval, on and after January 1, | ||
2024 through June 30, 2026, the Department shall increase the | ||
base rate of reimbursement for both base charges and mileage | ||
charges for ground ambulance service providers not | ||
participating in the Ground Emergency Medical Transportation | ||
(GEMT) Program for medical transportation services provided by | ||
means of a ground ambulance to a level not lower than 140% of | ||
the base rate in effect as of January 1, 2023. | ||
(j) For the purpose of understanding ground ambulance | ||
transportation services cost structures and their impact on | ||
the Medical Assistance Program, the Department shall engage | ||
stakeholders, including, but not limited to, a statewide | ||
association representing private ground ambulance service | ||
providers in Illinois, to develop recommendations for a plan | ||
for the regular collection of cost data for all ground | ||
ambulance transportation providers reimbursed under the | ||
Illinois Title XIX State Plan. Cost data obtained through this | ||
process shall be used to inform on and to ensure the | ||
effectiveness and efficiency of Illinois Medicaid rates. The | ||
Department shall establish a process to limit public |
availability of portions of the cost report data determined to | ||
be proprietary. This process shall be concluded and | ||
recommendations shall be provided no later than April 1, 2024. | ||
(k) (j) Subject to federal approval, beginning on January | ||
1, 2024, the Department shall increase the base rate of | ||
reimbursement for both base charges and mileage charges for | ||
medical transportation services provided by means of an air | ||
ambulance to a level not lower than 50% of the Medicare | ||
ambulance fee schedule rates, by designated Medicare locality, | ||
in effect on January 1, 2023. | ||
(Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21; | ||
102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article | ||
70, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section | ||
80-5, eff. 1-1-24; revised 12-15-23.) | ||
(305 ILCS 5/5-5) | ||
Sec. 5-5. Medical services. The Illinois Department, by | ||
rule, shall determine the quantity and quality of and the rate | ||
of reimbursement for the medical assistance for which payment | ||
will be authorized, and the medical services to be provided, | ||
which may include all or part of the following: (1) inpatient | ||
hospital services; (2) outpatient hospital services; (3) other | ||
laboratory and X-ray services; (4) skilled nursing home | ||
services; (5) physicians' services whether furnished in the | ||
office, the patient's home, a hospital, a skilled nursing | ||
home, or elsewhere; (6) medical care, or any other type of |
remedial care furnished by licensed practitioners; (7) home | ||
health care services; (8) private duty nursing service; (9) | ||
clinic services; (10) dental services, including prevention | ||
and treatment of periodontal disease and dental caries disease | ||
for pregnant individuals, provided by an individual licensed | ||
to practice dentistry or dental surgery; for purposes of this | ||
item (10), "dental services" means diagnostic, preventive, or | ||
corrective procedures provided by or under the supervision of | ||
a dentist in the practice of his or her profession; (11) | ||
physical therapy and related services; (12) prescribed drugs, | ||
dentures, and prosthetic devices; and eyeglasses prescribed by | ||
a physician skilled in the diseases of the eye, or by an | ||
optometrist, whichever the person may select; (13) other | ||
diagnostic, screening, preventive, and rehabilitative | ||
services, including to ensure that the individual's need for | ||
intervention or treatment of mental disorders or substance use | ||
disorders or co-occurring mental health and substance use | ||
disorders is determined using a uniform screening, assessment, | ||
and evaluation process inclusive of criteria, for children and | ||
adults; for purposes of this item (13), a uniform screening, | ||
assessment, and evaluation process refers to a process that | ||
includes an appropriate evaluation and, as warranted, a | ||
referral; "uniform" does not mean the use of a singular | ||
instrument, tool, or process that all must utilize; (14) | ||
transportation and such other expenses as may be necessary; | ||
(15) medical treatment of sexual assault survivors, as defined |
in Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act, for injuries sustained as a result of the | ||
sexual assault, including examinations and laboratory tests to | ||
discover evidence which may be used in criminal proceedings | ||
arising from the sexual assault; (16) the diagnosis and | ||
treatment of sickle cell anemia; (16.5) services performed by | ||
a chiropractic physician licensed under the Medical Practice | ||
Act of 1987 and acting within the scope of his or her license, | ||
including, but not limited to, chiropractic manipulative | ||
treatment; and (17) any other medical care, and any other type | ||
of remedial care recognized under the laws of this State. The | ||
term "any other type of remedial care" shall include nursing | ||
care and nursing home service for persons who rely on | ||
treatment by spiritual means alone through prayer for healing. | ||
Notwithstanding any other provision of this Section, a | ||
comprehensive tobacco use cessation program that includes | ||
purchasing prescription drugs or prescription medical devices | ||
approved by the Food and Drug Administration shall be covered | ||
under the medical assistance program under this Article for | ||
persons who are otherwise eligible for assistance under this | ||
Article. | ||
Notwithstanding any other provision of this Code, | ||
reproductive health care that is otherwise legal in Illinois | ||
shall be covered under the medical assistance program for | ||
persons who are otherwise eligible for medical assistance | ||
under this Article. |
Notwithstanding any other provision of this Section, all | ||
tobacco cessation medications approved by the United States | ||
Food and Drug Administration and all individual and group | ||
tobacco cessation counseling services and telephone-based | ||
counseling services and tobacco cessation medications provided | ||
through the Illinois Tobacco Quitline shall be covered under | ||
the medical assistance program for persons who are otherwise | ||
eligible for assistance under this Article. The Department | ||
shall comply with all federal requirements necessary to obtain | ||
federal financial participation, as specified in 42 CFR | ||
433.15(b)(7), for telephone-based counseling services provided | ||
through the Illinois Tobacco Quitline, including, but not | ||
limited to: (i) entering into a memorandum of understanding or | ||
interagency agreement with the Department of Public Health, as | ||
administrator of the Illinois Tobacco Quitline; and (ii) | ||
developing a cost allocation plan for Medicaid-allowable | ||
Illinois Tobacco Quitline services in accordance with 45 CFR | ||
95.507. The Department shall submit the memorandum of | ||
understanding or interagency agreement, the cost allocation | ||
plan, and all other necessary documentation to the Centers for | ||
Medicare and Medicaid Services for review and approval. | ||
Coverage under this paragraph shall be contingent upon federal | ||
approval. | ||
Notwithstanding any other provision of this Code, the | ||
Illinois Department may not require, as a condition of payment | ||
for any laboratory test authorized under this Article, that a |
physician's handwritten signature appear on the laboratory | ||
test order form. The Illinois Department may, however, impose | ||
other appropriate requirements regarding laboratory test order | ||
documentation. | ||
Upon receipt of federal approval of an amendment to the | ||
Illinois Title XIX State Plan for this purpose, the Department | ||
shall authorize the Chicago Public Schools (CPS) to procure a | ||
vendor or vendors to manufacture eyeglasses for individuals | ||
enrolled in a school within the CPS system. CPS shall ensure | ||
that its vendor or vendors are enrolled as providers in the | ||
medical assistance program and in any capitated Medicaid | ||
managed care entity (MCE) serving individuals enrolled in a | ||
school within the CPS system. Under any contract procured | ||
under this provision, the vendor or vendors must serve only | ||
individuals enrolled in a school within the CPS system. Claims | ||
for services provided by CPS's vendor or vendors to recipients | ||
of benefits in the medical assistance program under this Code, | ||
the Children's Health Insurance Program, or the Covering ALL | ||
KIDS Health Insurance Program shall be submitted to the | ||
Department or the MCE in which the individual is enrolled for | ||
payment and shall be reimbursed at the Department's or the | ||
MCE's established rates or rate methodologies for eyeglasses. | ||
On and after July 1, 2012, the Department of Healthcare | ||
and Family Services may provide the following services to | ||
persons eligible for assistance under this Article who are | ||
participating in education, training or employment programs |
operated by the Department of Human Services as successor to | ||
the Department of Public Aid: | ||
(1) dental services provided by or under the | ||
supervision of a dentist; and | ||
(2) eyeglasses prescribed by a physician skilled in | ||
the diseases of the eye, or by an optometrist, whichever | ||
the person may select. | ||
On and after July 1, 2018, the Department of Healthcare | ||
and Family Services shall provide dental services to any adult | ||
who is otherwise eligible for assistance under the medical | ||
assistance program. As used in this paragraph, "dental | ||
services" means diagnostic, preventative, restorative, or | ||
corrective procedures, including procedures and services for | ||
the prevention and treatment of periodontal disease and dental | ||
caries disease, provided by an individual who is licensed to | ||
practice dentistry or dental surgery or who is under the | ||
supervision of a dentist in the practice of his or her | ||
profession. | ||
On and after July 1, 2018, targeted dental services, as | ||
set forth in Exhibit D of the Consent Decree entered by the | ||
United States District Court for the Northern District of | ||
Illinois, Eastern Division, in the matter of Memisovski v. | ||
Maram, Case No. 92 C 1982, that are provided to adults under | ||
the medical assistance program shall be established at no less | ||
than the rates set forth in the "New Rate" column in Exhibit D | ||
of the Consent Decree for targeted dental services that are |
provided to persons under the age of 18 under the medical | ||
assistance program. | ||
Notwithstanding any other provision of this Code and | ||
subject to federal approval, the Department may adopt rules to | ||
allow a dentist who is volunteering his or her service at no | ||
cost to render dental services through an enrolled | ||
not-for-profit health clinic without the dentist personally | ||
enrolling as a participating provider in the medical | ||
assistance program. A not-for-profit health clinic shall | ||
include a public health clinic or Federally Qualified Health | ||
Center or other enrolled provider, as determined by the | ||
Department, through which dental services covered under this | ||
Section are performed. The Department shall establish a | ||
process for payment of claims for reimbursement for covered | ||
dental services rendered under this provision. | ||
On and after January 1, 2022, the Department of Healthcare | ||
and Family Services shall administer and regulate a | ||
school-based dental program that allows for the out-of-office | ||
delivery of preventative dental services in a school setting | ||
to children under 19 years of age. The Department shall | ||
establish, by rule, guidelines for participation by providers | ||
and set requirements for follow-up referral care based on the | ||
requirements established in the Dental Office Reference Manual | ||
published by the Department that establishes the requirements | ||
for dentists participating in the All Kids Dental School | ||
Program. Every effort shall be made by the Department when |
developing the program requirements to consider the different | ||
geographic differences of both urban and rural areas of the | ||
State for initial treatment and necessary follow-up care. No | ||
provider shall be charged a fee by any unit of local government | ||
to participate in the school-based dental program administered | ||
by the Department. Nothing in this paragraph shall be | ||
construed to limit or preempt a home rule unit's or school | ||
district's authority to establish, change, or administer a | ||
school-based dental program in addition to, or independent of, | ||
the school-based dental program administered by the | ||
Department. | ||
The Illinois Department, by rule, may distinguish and | ||
classify the medical services to be provided only in | ||
accordance with the classes of persons designated in Section | ||
5-2. | ||
The Department of Healthcare and Family Services must | ||
provide coverage and reimbursement for amino acid-based | ||
elemental formulas, regardless of delivery method, for the | ||
diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||
short bowel syndrome when the prescribing physician has issued | ||
a written order stating that the amino acid-based elemental | ||
formula is medically necessary. | ||
The Illinois Department shall authorize the provision of, | ||
and shall authorize payment for, screening by low-dose | ||
mammography for the presence of occult breast cancer for | ||
individuals 35 years of age or older who are eligible for |
medical assistance under this Article, as follows: | ||
(A) A baseline mammogram for individuals 35 to 39 | ||
years of age. | ||
(B) An annual mammogram for individuals 40 years of | ||
age or older. | ||
(C) A mammogram at the age and intervals considered | ||
medically necessary by the individual's health care | ||
provider for individuals under 40 years of age and having | ||
a family history of breast cancer, prior personal history | ||
of breast cancer, positive genetic testing, or other risk | ||
factors. | ||
(D) A comprehensive ultrasound screening and MRI of an | ||
entire breast or breasts if a mammogram demonstrates | ||
heterogeneous or dense breast tissue or when medically | ||
necessary as determined by a physician licensed to | ||
practice medicine in all of its branches. | ||
(E) A screening MRI when medically necessary, as | ||
determined by a physician licensed to practice medicine in | ||
all of its branches. | ||
(F) A diagnostic mammogram when medically necessary, | ||
as determined by a physician licensed to practice medicine | ||
in all its branches, advanced practice registered nurse, | ||
or physician assistant. | ||
The Department shall not impose a deductible, coinsurance, | ||
copayment, or any other cost-sharing requirement on the | ||
coverage provided under this paragraph; except that this |
sentence does not apply to coverage of diagnostic mammograms | ||
to the extent such coverage would disqualify a high-deductible | ||
health plan from eligibility for a health savings account | ||
pursuant to Section 223 of the Internal Revenue Code (26 | ||
U.S.C. 223). | ||
All screenings shall include a physical breast exam, | ||
instruction on self-examination and information regarding the | ||
frequency of self-examination and its value as a preventative | ||
tool. | ||
For purposes of this Section: | ||
"Diagnostic mammogram" means a mammogram obtained using | ||
diagnostic mammography. | ||
"Diagnostic mammography" means a method of screening that | ||
is designed to evaluate an abnormality in a breast, including | ||
an abnormality seen or suspected on a screening mammogram or a | ||
subjective or objective abnormality otherwise detected in the | ||
breast. | ||
"Low-dose mammography" means the x-ray examination of the | ||
breast using equipment dedicated specifically for mammography, | ||
including the x-ray tube, filter, compression device, and | ||
image receptor, with an average radiation exposure delivery of | ||
less than one rad per breast for 2 views of an average size | ||
breast. The term also includes digital mammography and | ||
includes breast tomosynthesis. | ||
"Breast tomosynthesis" means a radiologic procedure that | ||
involves the acquisition of projection images over the |
stationary breast to produce cross-sectional digital | ||
three-dimensional images of the breast. | ||
If, at any time, the Secretary of the United States | ||
Department of Health and Human Services, or its successor | ||
agency, promulgates rules or regulations to be published in | ||
the Federal Register or publishes a comment in the Federal | ||
Register or issues an opinion, guidance, or other action that | ||
would require the State, pursuant to any provision of the | ||
Patient Protection and Affordable Care Act (Public Law | ||
111-148), including, but not limited to, 42 U.S.C. | ||
18031(d)(3)(B) or any successor provision, to defray the cost | ||
of any coverage for breast tomosynthesis outlined in this | ||
paragraph, then the requirement that an insurer cover breast | ||
tomosynthesis is inoperative other than any such coverage | ||
authorized under Section 1902 of the Social Security Act, 42 | ||
U.S.C. 1396a, and the State shall not assume any obligation | ||
for the cost of coverage for breast tomosynthesis set forth in | ||
this paragraph. | ||
On and after January 1, 2016, the Department shall ensure | ||
that all networks of care for adult clients of the Department | ||
include access to at least one breast imaging Center of | ||
Imaging Excellence as certified by the American College of | ||
Radiology. | ||
On and after January 1, 2012, providers participating in a | ||
quality improvement program approved by the Department shall | ||
be reimbursed for screening and diagnostic mammography at the |
same rate as the Medicare program's rates, including the | ||
increased reimbursement for digital mammography and, after | ||
January 1, 2023 (the effective date of Public Act 102-1018), | ||
breast tomosynthesis. | ||
The Department shall convene an expert panel including | ||
representatives of hospitals, free-standing mammography | ||
facilities, and doctors, including radiologists, to establish | ||
quality standards for mammography. | ||
On and after January 1, 2017, providers participating in a | ||
breast cancer treatment quality improvement program approved | ||
by the Department shall be reimbursed for breast cancer | ||
treatment at a rate that is no lower than 95% of the Medicare | ||
program's rates for the data elements included in the breast | ||
cancer treatment quality program. | ||
The Department shall convene an expert panel, including | ||
representatives of hospitals, free-standing breast cancer | ||
treatment centers, breast cancer quality organizations, and | ||
doctors, including breast surgeons, reconstructive breast | ||
surgeons, oncologists, and primary care providers to establish | ||
quality standards for breast cancer treatment. | ||
Subject to federal approval, the Department shall | ||
establish a rate methodology for mammography at federally | ||
qualified health centers and other encounter-rate clinics. | ||
These clinics or centers may also collaborate with other | ||
hospital-based mammography facilities. By January 1, 2016, the | ||
Department shall report to the General Assembly on the status |
of the provision set forth in this paragraph. | ||
The Department shall establish a methodology to remind | ||
individuals who are age-appropriate for screening mammography, | ||
but who have not received a mammogram within the previous 18 | ||
months, of the importance and benefit of screening | ||
mammography. The Department shall work with experts in breast | ||
cancer outreach and patient navigation to optimize these | ||
reminders and shall establish a methodology for evaluating | ||
their effectiveness and modifying the methodology based on the | ||
evaluation. | ||
The Department shall establish a performance goal for | ||
primary care providers with respect to their female patients | ||
over age 40 receiving an annual mammogram. This performance | ||
goal shall be used to provide additional reimbursement in the | ||
form of a quality performance bonus to primary care providers | ||
who meet that goal. | ||
The Department shall devise a means of case-managing or | ||
patient navigation for beneficiaries diagnosed with breast | ||
cancer. This program shall initially operate as a pilot | ||
program in areas of the State with the highest incidence of | ||
mortality related to breast cancer. At least one pilot program | ||
site shall be in the metropolitan Chicago area and at least one | ||
site shall be outside the metropolitan Chicago area. On or | ||
after July 1, 2016, the pilot program shall be expanded to | ||
include one site in western Illinois, one site in southern | ||
Illinois, one site in central Illinois, and 4 sites within |
metropolitan Chicago. An evaluation of the pilot program shall | ||
be carried out measuring health outcomes and cost of care for | ||
those served by the pilot program compared to similarly | ||
situated patients who are not served by the pilot program. | ||
The Department shall require all networks of care to | ||
develop a means either internally or by contract with experts | ||
in navigation and community outreach to navigate cancer | ||
patients to comprehensive care in a timely fashion. The | ||
Department shall require all networks of care to include | ||
access for patients diagnosed with cancer to at least one | ||
academic commission on cancer-accredited cancer program as an | ||
in-network covered benefit. | ||
The Department shall provide coverage and reimbursement | ||
for a human papillomavirus (HPV) vaccine that is approved for | ||
marketing by the federal Food and Drug Administration for all | ||
persons between the ages of 9 and 45. Subject to federal | ||
approval, the Department shall provide coverage and | ||
reimbursement for a human papillomavirus (HPV) vaccine for | ||
persons of the age of 46 and above who have been diagnosed with | ||
cervical dysplasia with a high risk of recurrence or | ||
progression. The Department shall disallow any | ||
preauthorization requirements for the administration of the | ||
human papillomavirus (HPV) vaccine. | ||
On or after July 1, 2022, individuals who are otherwise | ||
eligible for medical assistance under this Article shall | ||
receive coverage for perinatal depression screenings for the |
12-month period beginning on the last day of their pregnancy. | ||
Medical assistance coverage under this paragraph shall be | ||
conditioned on the use of a screening instrument approved by | ||
the Department. | ||
Any medical or health care provider shall immediately | ||
recommend, to any pregnant individual who is being provided | ||
prenatal services and is suspected of having a substance use | ||
disorder as defined in the Substance Use Disorder Act, | ||
referral to a local substance use disorder treatment program | ||
licensed by the Department of Human Services or to a licensed | ||
hospital which provides substance abuse treatment services. | ||
The Department of Healthcare and Family Services shall assure | ||
coverage for the cost of treatment of the drug abuse or | ||
addiction for pregnant recipients in accordance with the | ||
Illinois Medicaid Program in conjunction with the Department | ||
of Human Services. | ||
All medical providers providing medical assistance to | ||
pregnant individuals under this Code shall receive information | ||
from the Department on the availability of services under any | ||
program providing case management services for addicted | ||
individuals, including information on appropriate referrals | ||
for other social services that may be needed by addicted | ||
individuals in addition to treatment for addiction. | ||
The Illinois Department, in cooperation with the | ||
Departments of Human Services (as successor to the Department | ||
of Alcoholism and Substance Abuse) and Public Health, through |
a public awareness campaign, may provide information | ||
concerning treatment for alcoholism and drug abuse and | ||
addiction, prenatal health care, and other pertinent programs | ||
directed at reducing the number of drug-affected infants born | ||
to recipients of medical assistance. | ||
Neither the Department of Healthcare and Family Services | ||
nor the Department of Human Services shall sanction the | ||
recipient solely on the basis of the recipient's substance | ||
abuse. | ||
The Illinois Department shall establish such regulations | ||
governing the dispensing of health services under this Article | ||
as it shall deem appropriate. The Department should seek the | ||
advice of formal professional advisory committees appointed by | ||
the Director of the Illinois Department for the purpose of | ||
providing regular advice on policy and administrative matters, | ||
information dissemination and educational activities for | ||
medical and health care providers, and consistency in | ||
procedures to the Illinois Department. | ||
The Illinois Department may develop and contract with | ||
Partnerships of medical providers to arrange medical services | ||
for persons eligible under Section 5-2 of this Code. | ||
Implementation of this Section may be by demonstration | ||
projects in certain geographic areas. The Partnership shall be | ||
represented by a sponsor organization. The Department, by | ||
rule, shall develop qualifications for sponsors of | ||
Partnerships. Nothing in this Section shall be construed to |
require that the sponsor organization be a medical | ||
organization. | ||
The sponsor must negotiate formal written contracts with | ||
medical providers for physician services, inpatient and | ||
outpatient hospital care, home health services, treatment for | ||
alcoholism and substance abuse, and other services determined | ||
necessary by the Illinois Department by rule for delivery by | ||
Partnerships. Physician services must include prenatal and | ||
obstetrical care. The Illinois Department shall reimburse | ||
medical services delivered by Partnership providers to clients | ||
in target areas according to provisions of this Article and | ||
the Illinois Health Finance Reform Act, except that: | ||
(1) Physicians participating in a Partnership and | ||
providing certain services, which shall be determined by | ||
the Illinois Department, to persons in areas covered by | ||
the Partnership may receive an additional surcharge for | ||
such services. | ||
(2) The Department may elect to consider and negotiate | ||
financial incentives to encourage the development of | ||
Partnerships and the efficient delivery of medical care. | ||
(3) Persons receiving medical services through | ||
Partnerships may receive medical and case management | ||
services above the level usually offered through the | ||
medical assistance program. | ||
Medical providers shall be required to meet certain | ||
qualifications to participate in Partnerships to ensure the |
delivery of high quality medical services. These | ||
qualifications shall be determined by rule of the Illinois | ||
Department and may be higher than qualifications for | ||
participation in the medical assistance program. Partnership | ||
sponsors may prescribe reasonable additional qualifications | ||
for participation by medical providers, only with the prior | ||
written approval of the Illinois Department. | ||
Nothing in this Section shall limit the free choice of | ||
practitioners, hospitals, and other providers of medical | ||
services by clients. In order to ensure patient freedom of | ||
choice, the Illinois Department shall immediately promulgate | ||
all rules and take all other necessary actions so that | ||
provided services may be accessed from therapeutically | ||
certified optometrists to the full extent of the Illinois | ||
Optometric Practice Act of 1987 without discriminating between | ||
service providers. | ||
The Department shall apply for a waiver from the United | ||
States Health Care Financing Administration to allow for the | ||
implementation of Partnerships under this Section. | ||
The Illinois Department shall require health care | ||
providers to maintain records that document the medical care | ||
and services provided to recipients of Medical Assistance | ||
under this Article. Such records must be retained for a period | ||
of not less than 6 years from the date of service or as | ||
provided by applicable State law, whichever period is longer, | ||
except that if an audit is initiated within the required |
retention period then the records must be retained until the | ||
audit is completed and every exception is resolved. The | ||
Illinois Department shall require health care providers to | ||
make available, when authorized by the patient, in writing, | ||
the medical records in a timely fashion to other health care | ||
providers who are treating or serving persons eligible for | ||
Medical Assistance under this Article. All dispensers of | ||
medical services shall be required to maintain and retain | ||
business and professional records sufficient to fully and | ||
accurately document the nature, scope, details and receipt of | ||
the health care provided to persons eligible for medical | ||
assistance under this Code, in accordance with regulations | ||
promulgated by the Illinois Department. The rules and | ||
regulations shall require that proof of the receipt of | ||
prescription drugs, dentures, prosthetic devices and | ||
eyeglasses by eligible persons under this Section accompany | ||
each claim for reimbursement submitted by the dispenser of | ||
such medical services. No such claims for reimbursement shall | ||
be approved for payment by the Illinois Department without | ||
such proof of receipt, unless the Illinois Department shall | ||
have put into effect and shall be operating a system of | ||
post-payment audit and review which shall, on a sampling | ||
basis, be deemed adequate by the Illinois Department to assure | ||
that such drugs, dentures, prosthetic devices and eyeglasses | ||
for which payment is being made are actually being received by | ||
eligible recipients. Within 90 days after September 16, 1984 |
(the effective date of Public Act 83-1439), the Illinois | ||
Department shall establish a current list of acquisition costs | ||
for all prosthetic devices and any other items recognized as | ||
medical equipment and supplies reimbursable under this Article | ||
and shall update such list on a quarterly basis, except that | ||
the acquisition costs of all prescription drugs shall be | ||
updated no less frequently than every 30 days as required by | ||
Section 5-5.12. | ||
Notwithstanding any other law to the contrary, the | ||
Illinois Department shall, within 365 days after July 22, 2013 | ||
(the effective date of Public Act 98-104), establish | ||
procedures to permit skilled care facilities licensed under | ||
the Nursing Home Care Act to submit monthly billing claims for | ||
reimbursement purposes. Following development of these | ||
procedures, the Department shall, by July 1, 2016, test the | ||
viability of the new system and implement any necessary | ||
operational or structural changes to its information | ||
technology platforms in order to allow for the direct | ||
acceptance and payment of nursing home claims. | ||
Notwithstanding any other law to the contrary, the | ||
Illinois Department shall, within 365 days after August 15, | ||
2014 (the effective date of Public Act 98-963), establish | ||
procedures to permit ID/DD facilities licensed under the ID/DD | ||
Community Care Act and MC/DD facilities licensed under the | ||
MC/DD Act to submit monthly billing claims for reimbursement | ||
purposes. Following development of these procedures, the |
Department shall have an additional 365 days to test the | ||
viability of the new system and to ensure that any necessary | ||
operational or structural changes to its information | ||
technology platforms are implemented. | ||
The Illinois Department shall require all dispensers of | ||
medical services, other than an individual practitioner or | ||
group of practitioners, desiring to participate in the Medical | ||
Assistance program established under this Article to disclose | ||
all financial, beneficial, ownership, equity, surety or other | ||
interests in any and all firms, corporations, partnerships, | ||
associations, business enterprises, joint ventures, agencies, | ||
institutions or other legal entities providing any form of | ||
health care services in this State under this Article. | ||
The Illinois Department may require that all dispensers of | ||
medical services desiring to participate in the medical | ||
assistance program established under this Article disclose, | ||
under such terms and conditions as the Illinois Department may | ||
by rule establish, all inquiries from clients and attorneys | ||
regarding medical bills paid by the Illinois Department, which | ||
inquiries could indicate potential existence of claims or | ||
liens for the Illinois Department. | ||
Enrollment of a vendor shall be subject to a provisional | ||
period and shall be conditional for one year. During the | ||
period of conditional enrollment, the Department may terminate | ||
the vendor's eligibility to participate in, or may disenroll | ||
the vendor from, the medical assistance program without cause. |
Unless otherwise specified, such termination of eligibility or | ||
disenrollment is not subject to the Department's hearing | ||
process. However, a disenrolled vendor may reapply without | ||
penalty. | ||
The Department has the discretion to limit the conditional | ||
enrollment period for vendors based upon the category of risk | ||
of the vendor. | ||
Prior to enrollment and during the conditional enrollment | ||
period in the medical assistance program, all vendors shall be | ||
subject to enhanced oversight, screening, and review based on | ||
the risk of fraud, waste, and abuse that is posed by the | ||
category of risk of the vendor. The Illinois Department shall | ||
establish the procedures for oversight, screening, and review, | ||
which may include, but need not be limited to: criminal and | ||
financial background checks; fingerprinting; license, | ||
certification, and authorization verifications; unscheduled or | ||
unannounced site visits; database checks; prepayment audit | ||
reviews; audits; payment caps; payment suspensions; and other | ||
screening as required by federal or State law. | ||
The Department shall define or specify the following: (i) | ||
by provider notice, the "category of risk of the vendor" for | ||
each type of vendor, which shall take into account the level of | ||
screening applicable to a particular category of vendor under | ||
federal law and regulations; (ii) by rule or provider notice, | ||
the maximum length of the conditional enrollment period for | ||
each category of risk of the vendor; and (iii) by rule, the |
hearing rights, if any, afforded to a vendor in each category | ||
of risk of the vendor that is terminated or disenrolled during | ||
the conditional enrollment period. | ||
To be eligible for payment consideration, a vendor's | ||
payment claim or bill, either as an initial claim or as a | ||
resubmitted claim following prior rejection, must be received | ||
by the Illinois Department, or its fiscal intermediary, no | ||
later than 180 days after the latest date on the claim on which | ||
medical goods or services were provided, with the following | ||
exceptions: | ||
(1) In the case of a provider whose enrollment is in | ||
process by the Illinois Department, the 180-day period | ||
shall not begin until the date on the written notice from | ||
the Illinois Department that the provider enrollment is | ||
complete. | ||
(2) In the case of errors attributable to the Illinois | ||
Department or any of its claims processing intermediaries | ||
which result in an inability to receive, process, or | ||
adjudicate a claim, the 180-day period shall not begin | ||
until the provider has been notified of the error. | ||
(3) In the case of a provider for whom the Illinois | ||
Department initiates the monthly billing process. | ||
(4) In the case of a provider operated by a unit of | ||
local government with a population exceeding 3,000,000 | ||
when local government funds finance federal participation | ||
for claims payments. |
For claims for services rendered during a period for which | ||
a recipient received retroactive eligibility, claims must be | ||
filed within 180 days after the Department determines the | ||
applicant is eligible. For claims for which the Illinois | ||
Department is not the primary payer, claims must be submitted | ||
to the Illinois Department within 180 days after the final | ||
adjudication by the primary payer. | ||
In the case of long term care facilities, within 120 | ||
calendar days of receipt by the facility of required | ||
prescreening information, new admissions with associated | ||
admission documents shall be submitted through the Medical | ||
Electronic Data Interchange (MEDI) or the Recipient | ||
Eligibility Verification (REV) System or shall be submitted | ||
directly to the Department of Human Services using required | ||
admission forms. Effective September 1, 2014, admission | ||
documents, including all prescreening information, must be | ||
submitted through MEDI or REV. Confirmation numbers assigned | ||
to an accepted transaction shall be retained by a facility to | ||
verify timely submittal. Once an admission transaction has | ||
been completed, all resubmitted claims following prior | ||
rejection are subject to receipt no later than 180 days after | ||
the admission transaction has been completed. | ||
Claims that are not submitted and received in compliance | ||
with the foregoing requirements shall not be eligible for | ||
payment under the medical assistance program, and the State | ||
shall have no liability for payment of those claims. |
To the extent consistent with applicable information and | ||
privacy, security, and disclosure laws, State and federal | ||
agencies and departments shall provide the Illinois Department | ||
access to confidential and other information and data | ||
necessary to perform eligibility and payment verifications and | ||
other Illinois Department functions. This includes, but is not | ||
limited to: information pertaining to licensure; | ||
certification; earnings; immigration status; citizenship; wage | ||
reporting; unearned and earned income; pension income; | ||
employment; supplemental security income; social security | ||
numbers; National Provider Identifier (NPI) numbers; the | ||
National Practitioner Data Bank (NPDB); program and agency | ||
exclusions; taxpayer identification numbers; tax delinquency; | ||
corporate information; and death records. | ||
The Illinois Department shall enter into agreements with | ||
State agencies and departments, and is authorized to enter | ||
into agreements with federal agencies and departments, under | ||
which such agencies and departments shall share data necessary | ||
for medical assistance program integrity functions and | ||
oversight. The Illinois Department shall develop, in | ||
cooperation with other State departments and agencies, and in | ||
compliance with applicable federal laws and regulations, | ||
appropriate and effective methods to share such data. At a | ||
minimum, and to the extent necessary to provide data sharing, | ||
the Illinois Department shall enter into agreements with State | ||
agencies and departments, and is authorized to enter into |
agreements with federal agencies and departments, including, | ||
but not limited to: the Secretary of State; the Department of | ||
Revenue; the Department of Public Health; the Department of | ||
Human Services; and the Department of Financial and | ||
Professional Regulation. | ||
Beginning in fiscal year 2013, the Illinois Department | ||
shall set forth a request for information to identify the | ||
benefits of a pre-payment, post-adjudication, and post-edit | ||
claims system with the goals of streamlining claims processing | ||
and provider reimbursement, reducing the number of pending or | ||
rejected claims, and helping to ensure a more transparent | ||
adjudication process through the utilization of: (i) provider | ||
data verification and provider screening technology; and (ii) | ||
clinical code editing; and (iii) pre-pay, pre-adjudicated , or | ||
post-adjudicated predictive modeling with an integrated case | ||
management system with link analysis. Such a request for | ||
information shall not be considered as a request for proposal | ||
or as an obligation on the part of the Illinois Department to | ||
take any action or acquire any products or services. | ||
The Illinois Department shall establish policies, | ||
procedures, standards and criteria by rule for the | ||
acquisition, repair and replacement of orthotic and prosthetic | ||
devices and durable medical equipment. Such rules shall | ||
provide, but not be limited to, the following services: (1) | ||
immediate repair or replacement of such devices by recipients; | ||
and (2) rental, lease, purchase or lease-purchase of durable |
medical equipment in a cost-effective manner, taking into | ||
consideration the recipient's medical prognosis, the extent of | ||
the recipient's needs, and the requirements and costs for | ||
maintaining such equipment. Subject to prior approval, such | ||
rules shall enable a recipient to temporarily acquire and use | ||
alternative or substitute devices or equipment pending repairs | ||
or replacements of any device or equipment previously | ||
authorized for such recipient by the Department. | ||
Notwithstanding any provision of Section 5-5f to the contrary, | ||
the Department may, by rule, exempt certain replacement | ||
wheelchair parts from prior approval and, for wheelchairs, | ||
wheelchair parts, wheelchair accessories, and related seating | ||
and positioning items, determine the wholesale price by | ||
methods other than actual acquisition costs. | ||
The Department shall require, by rule, all providers of | ||
durable medical equipment to be accredited by an accreditation | ||
organization approved by the federal Centers for Medicare and | ||
Medicaid Services and recognized by the Department in order to | ||
bill the Department for providing durable medical equipment to | ||
recipients. No later than 15 months after the effective date | ||
of the rule adopted pursuant to this paragraph, all providers | ||
must meet the accreditation requirement. | ||
In order to promote environmental responsibility, meet the | ||
needs of recipients and enrollees, and achieve significant | ||
cost savings, the Department, or a managed care organization | ||
under contract with the Department, may provide recipients or |
managed care enrollees who have a prescription or Certificate | ||
of Medical Necessity access to refurbished durable medical | ||
equipment under this Section (excluding prosthetic and | ||
orthotic devices as defined in the Orthotics, Prosthetics, and | ||
Pedorthics Practice Act and complex rehabilitation technology | ||
products and associated services) through the State's | ||
assistive technology program's reutilization program, using | ||
staff with the Assistive Technology Professional (ATP) | ||
Certification if the refurbished durable medical equipment: | ||
(i) is available; (ii) is less expensive, including shipping | ||
costs, than new durable medical equipment of the same type; | ||
(iii) is able to withstand at least 3 years of use; (iv) is | ||
cleaned, disinfected, sterilized, and safe in accordance with | ||
federal Food and Drug Administration regulations and guidance | ||
governing the reprocessing of medical devices in health care | ||
settings; and (v) equally meets the needs of the recipient or | ||
enrollee. The reutilization program shall confirm that the | ||
recipient or enrollee is not already in receipt of the same or | ||
similar equipment from another service provider, and that the | ||
refurbished durable medical equipment equally meets the needs | ||
of the recipient or enrollee. Nothing in this paragraph shall | ||
be construed to limit recipient or enrollee choice to obtain | ||
new durable medical equipment or place any additional prior | ||
authorization conditions on enrollees of managed care | ||
organizations. | ||
The Department shall execute, relative to the nursing home |
prescreening project, written inter-agency agreements with the | ||
Department of Human Services and the Department on Aging, to | ||
effect the following: (i) intake procedures and common | ||
eligibility criteria for those persons who are receiving | ||
non-institutional services; and (ii) the establishment and | ||
development of non-institutional services in areas of the | ||
State where they are not currently available or are | ||
undeveloped; and (iii) notwithstanding any other provision of | ||
law, subject to federal approval, on and after July 1, 2012, an | ||
increase in the determination of need (DON) scores from 29 to | ||
37 for applicants for institutional and home and | ||
community-based long term care; if and only if federal | ||
approval is not granted, the Department may, in conjunction | ||
with other affected agencies, implement utilization controls | ||
or changes in benefit packages to effectuate a similar savings | ||
amount for this population; and (iv) no later than July 1, | ||
2013, minimum level of care eligibility criteria for | ||
institutional and home and community-based long term care; and | ||
(v) no later than October 1, 2013, establish procedures to | ||
permit long term care providers access to eligibility scores | ||
for individuals with an admission date who are seeking or | ||
receiving services from the long term care provider. In order | ||
to select the minimum level of care eligibility criteria, the | ||
Governor shall establish a workgroup that includes affected | ||
agency representatives and stakeholders representing the | ||
institutional and home and community-based long term care |
interests. This Section shall not restrict the Department from | ||
implementing lower level of care eligibility criteria for | ||
community-based services in circumstances where federal | ||
approval has been granted. | ||
The Illinois Department shall develop and operate, in | ||
cooperation with other State Departments and agencies and in | ||
compliance with applicable federal laws and regulations, | ||
appropriate and effective systems of health care evaluation | ||
and programs for monitoring of utilization of health care | ||
services and facilities, as it affects persons eligible for | ||
medical assistance under this Code. | ||
The Illinois Department shall report annually to the | ||
General Assembly, no later than the second Friday in April of | ||
1979 and each year thereafter, in regard to: | ||
(a) actual statistics and trends in utilization of | ||
medical services by public aid recipients; | ||
(b) actual statistics and trends in the provision of | ||
the various medical services by medical vendors; | ||
(c) current rate structures and proposed changes in | ||
those rate structures for the various medical vendors; and | ||
(d) efforts at utilization review and control by the | ||
Illinois Department. | ||
The period covered by each report shall be the 3 years | ||
ending on the June 30 prior to the report. The report shall | ||
include suggested legislation for consideration by the General | ||
Assembly. The requirement for reporting to the General |
Assembly shall be satisfied by filing copies of the report as | ||
required by Section 3.1 of the General Assembly Organization | ||
Act, and filing such additional copies with the State | ||
Government Report Distribution Center for the General Assembly | ||
as is required under paragraph (t) of Section 7 of the State | ||
Library Act. | ||
Rulemaking authority to implement Public Act 95-1045, 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. | ||
On and after July 1, 2012, the Department shall reduce any | ||
rate of reimbursement for services or other payments or alter | ||
any methodologies authorized by this Code to reduce any rate | ||
of reimbursement for services or other payments in accordance | ||
with Section 5-5e. | ||
Because kidney transplantation can be an appropriate, | ||
cost-effective alternative to renal dialysis when medically | ||
necessary and notwithstanding the provisions of Section 1-11 | ||
of this Code, beginning October 1, 2014, the Department shall | ||
cover kidney transplantation for noncitizens with end-stage | ||
renal disease who are not eligible for comprehensive medical | ||
benefits, who meet the residency requirements of Section 5-3 | ||
of this Code, and who would otherwise meet the financial | ||
requirements of the appropriate class of eligible persons |
under Section 5-2 of this Code. To qualify for coverage of | ||
kidney transplantation, such person must be receiving | ||
emergency renal dialysis services covered by the Department. | ||
Providers under this Section shall be prior approved and | ||
certified by the Department to perform kidney transplantation | ||
and the services under this Section shall be limited to | ||
services associated with kidney transplantation. | ||
Notwithstanding any other provision of this Code to the | ||
contrary, on or after July 1, 2015, all FDA approved forms of | ||
medication assisted treatment prescribed for the treatment of | ||
alcohol dependence or treatment of opioid dependence shall be | ||
covered under both fee-for-service fee for service and managed | ||
care medical assistance programs for persons who are otherwise | ||
eligible for medical assistance under this Article and shall | ||
not be subject to any (1) utilization control, other than | ||
those established under the American Society of Addiction | ||
Medicine patient placement criteria, (2) prior authorization | ||
mandate, or (3) lifetime restriction limit mandate. | ||
On or after July 1, 2015, opioid antagonists prescribed | ||
for the treatment of an opioid overdose, including the | ||
medication product, administration devices, and any pharmacy | ||
fees or hospital fees related to the dispensing, distribution, | ||
and administration of the opioid antagonist, shall be covered | ||
under the medical assistance program for persons who are | ||
otherwise eligible for medical assistance under this Article. | ||
As used in this Section, "opioid antagonist" means a drug that |
binds to opioid receptors and blocks or inhibits the effect of | ||
opioids acting on those receptors, including, but not limited | ||
to, naloxone hydrochloride or any other similarly acting drug | ||
approved by the U.S. Food and Drug Administration. The | ||
Department shall not impose a copayment on the coverage | ||
provided for naloxone hydrochloride under the medical | ||
assistance program. | ||
Upon federal approval, the Department shall provide | ||
coverage and reimbursement for all drugs that are approved for | ||
marketing by the federal Food and Drug Administration and that | ||
are recommended by the federal Public Health Service or the | ||
United States Centers for Disease Control and Prevention for | ||
pre-exposure prophylaxis and related pre-exposure prophylaxis | ||
services, including, but not limited to, HIV and sexually | ||
transmitted infection screening, treatment for sexually | ||
transmitted infections, medical monitoring, assorted labs, and | ||
counseling to reduce the likelihood of HIV infection among | ||
individuals who are not infected with HIV but who are at high | ||
risk of HIV infection. | ||
A federally qualified health center, as defined in Section | ||
1905(l)(2)(B) of the federal Social Security Act, shall be | ||
reimbursed by the Department in accordance with the federally | ||
qualified health center's encounter rate for services provided | ||
to medical assistance recipients that are performed by a | ||
dental hygienist, as defined under the Illinois Dental | ||
Practice Act, working under the general supervision of a |
dentist and employed by a federally qualified health center. | ||
Within 90 days after October 8, 2021 (the effective date | ||
of Public Act 102-665), the Department shall seek federal | ||
approval of a State Plan amendment to expand coverage for | ||
family planning services that includes presumptive eligibility | ||
to individuals whose income is at or below 208% of the federal | ||
poverty level. Coverage under this Section shall be effective | ||
beginning no later than December 1, 2022. | ||
Subject to approval by the federal Centers for Medicare | ||
and Medicaid Services of a Title XIX State Plan amendment | ||
electing the Program of All-Inclusive Care for the Elderly | ||
(PACE) as a State Medicaid option, as provided for by Subtitle | ||
I (commencing with Section 4801) of Title IV of the Balanced | ||
Budget Act of 1997 (Public Law 105-33) and Part 460 | ||
(commencing with Section 460.2) of Subchapter E of Title 42 of | ||
the Code of Federal Regulations, PACE program services shall | ||
become a covered benefit of the medical assistance program, | ||
subject to criteria established in accordance with all | ||
applicable laws. | ||
Notwithstanding any other provision of this Code, | ||
community-based pediatric palliative care from a trained | ||
interdisciplinary team shall be covered under the medical | ||
assistance program as provided in Section 15 of the Pediatric | ||
Palliative Care Act. | ||
Notwithstanding any other provision of this Code, within | ||
12 months after June 2, 2022 (the effective date of Public Act |
102-1037) and subject to federal approval, acupuncture | ||
services performed by an acupuncturist licensed under the | ||
Acupuncture Practice Act who is acting within the scope of his | ||
or her license shall be covered under the medical assistance | ||
program. The Department shall apply for any federal waiver or | ||
State Plan amendment, if required, to implement this | ||
paragraph. The Department may adopt any rules, including | ||
standards and criteria, necessary to implement this paragraph. | ||
Notwithstanding any other provision of this Code, the | ||
medical assistance program shall, subject to appropriation and | ||
federal approval, reimburse hospitals for costs associated | ||
with a newborn screening test for the presence of | ||
metachromatic leukodystrophy, as required under the Newborn | ||
Metabolic Screening Act, at a rate not less than the fee | ||
charged by the Department of Public Health. The Department | ||
shall seek federal approval before the implementation of the | ||
newborn screening test fees by the Department of Public | ||
Health. | ||
Notwithstanding any other provision of this Code, | ||
beginning on January 1, 2024, subject to federal approval, | ||
cognitive assessment and care planning services provided to a | ||
person who experiences signs or symptoms of cognitive | ||
impairment, as defined by the Diagnostic and Statistical | ||
Manual of Mental Disorders, Fifth Edition, shall be covered | ||
under the medical assistance program for persons who are | ||
otherwise eligible for medical assistance under this Article. |
Notwithstanding any other provision of this Code, | ||
medically necessary reconstructive services that are intended | ||
to restore physical appearance shall be covered under the | ||
medical assistance program for persons who are otherwise | ||
eligible for medical assistance under this Article. As used in | ||
this paragraph, "reconstructive services" means treatments | ||
performed on structures of the body damaged by trauma to | ||
restore physical appearance. | ||
(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; | ||
102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article | ||
55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, | ||
eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; | ||
102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. | ||
5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; | ||
102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff. | ||
1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; | ||
103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. | ||
1-1-24; revised 12-15-23.) | ||
(305 ILCS 5/5-5.01a) | ||
Sec. 5-5.01a. Supportive living facilities program. | ||
(a) The Department shall establish and provide oversight | ||
for a program of supportive living facilities that seek to | ||
promote resident independence, dignity, respect, and | ||
well-being in the most cost-effective manner. | ||
A supportive living facility is (i) a free-standing |
facility or (ii) a distinct physical and operational entity | ||
within a mixed-use building that meets the criteria | ||
established in subsection (d). A supportive living facility | ||
integrates housing with health, personal care, and supportive | ||
services and is a designated setting that offers residents | ||
their own separate, private, and distinct living units. | ||
Sites for the operation of the program shall be selected | ||
by the Department based upon criteria that may include the | ||
need for services in a geographic area, the availability of | ||
funding, and the site's ability to meet the standards. | ||
(b) Beginning July 1, 2014, subject to federal approval, | ||
the Medicaid rates for supportive living facilities shall be | ||
equal to the supportive living facility Medicaid rate | ||
effective on June 30, 2014 increased by 8.85%. Once the | ||
assessment imposed at Article V-G of this Code is determined | ||
to be a permissible tax under Title XIX of the Social Security | ||
Act, the Department shall increase the Medicaid rates for | ||
supportive living facilities effective on July 1, 2014 by | ||
9.09%. The Department shall apply this increase retroactively | ||
to coincide with the imposition of the assessment in Article | ||
V-G of this Code in accordance with the approval for federal | ||
financial participation by the Centers for Medicare and | ||
Medicaid Services. | ||
The Medicaid rates for supportive living facilities | ||
effective on July 1, 2017 must be equal to the rates in effect | ||
for supportive living facilities on June 30, 2017 increased by |
2.8%. | ||
The Medicaid rates for supportive living facilities | ||
effective on July 1, 2018 must be equal to the rates in effect | ||
for supportive living facilities on June 30, 2018. | ||
Subject to federal approval, the Medicaid rates for | ||
supportive living services on and after July 1, 2019 must be at | ||
least 54.3% of the average total nursing facility services per | ||
diem for the geographic areas defined by the Department while | ||
maintaining the rate differential for dementia care and must | ||
be updated whenever the total nursing facility service per | ||
diems are updated. Beginning July 1, 2022, upon the | ||
implementation of the Patient Driven Payment Model, Medicaid | ||
rates for supportive living services must be at least 54.3% of | ||
the average total nursing services per diem rate for the | ||
geographic areas. For purposes of this provision, the average | ||
total nursing services per diem rate shall include all add-ons | ||
for nursing facilities for the geographic area provided for in | ||
Section 5-5.2. The rate differential for dementia care must be | ||
maintained in these rates and the rates shall be updated | ||
whenever nursing facility per diem rates are updated. | ||
Subject to federal approval, beginning January 1, 2024, | ||
the dementia care rate for supportive living services must be | ||
no less than the non-dementia care supportive living services | ||
rate multiplied by 1.5. | ||
(c) The Department may adopt rules to implement this | ||
Section. Rules that establish or modify the services, |
standards, and conditions for participation in the program | ||
shall be adopted by the Department in consultation with the | ||
Department on Aging, the Department of Rehabilitation | ||
Services, and the Department of Mental Health and | ||
Developmental Disabilities (or their successor agencies). | ||
(d) Subject to federal approval by the Centers for | ||
Medicare and Medicaid Services, the Department shall accept | ||
for consideration of certification under the program any | ||
application for a site or building where distinct parts of the | ||
site or building are designated for purposes other than the | ||
provision of supportive living services, but only if: | ||
(1) those distinct parts of the site or building are | ||
not designated for the purpose of providing assisted | ||
living services as required under the Assisted Living and | ||
Shared Housing Act; | ||
(2) those distinct parts of the site or building are | ||
completely separate from the part of the building used for | ||
the provision of supportive living program services, | ||
including separate entrances; | ||
(3) those distinct parts of the site or building do | ||
not share any common spaces with the part of the building | ||
used for the provision of supportive living program | ||
services; and | ||
(4) those distinct parts of the site or building do | ||
not share staffing with the part of the building used for | ||
the provision of supportive living program services. |
(e) Facilities or distinct parts of facilities which are | ||
selected as supportive living facilities and are in good | ||
standing with the Department's rules are exempt from the | ||
provisions of the Nursing Home Care Act and the Illinois | ||
Health Facilities Planning Act. | ||
(f) Section 9817 of the American Rescue Plan Act of 2021 | ||
(Public Law 117-2) authorizes a 10% enhanced federal medical | ||
assistance percentage for supportive living services for a | ||
12-month period from April 1, 2021 through March 31, 2022. | ||
Subject to federal approval, including the approval of any | ||
necessary waiver amendments or other federally required | ||
documents or assurances, for a 12-month period the Department | ||
must pay a supplemental $26 per diem rate to all supportive | ||
living facilities with the additional federal financial | ||
participation funds that result from the enhanced federal | ||
medical assistance percentage from April 1, 2021 through March | ||
31, 2022. The Department may issue parameters around how the | ||
supplemental payment should be spent, including quality | ||
improvement activities. The Department may alter the form, | ||
methods, or timeframes concerning the supplemental per diem | ||
rate to comply with any subsequent changes to federal law, | ||
changes made by guidance issued by the federal Centers for | ||
Medicare and Medicaid Services, or other changes necessary to | ||
receive the enhanced federal medical assistance percentage. | ||
(g) All applications for the expansion of supportive | ||
living dementia care settings involving sites not approved by |
the Department on January 1, 2024 ( the effective date of | ||
Public Act 103-102) this amendatory Act of the 103rd General | ||
Assembly may allow new elderly non-dementia units in addition | ||
to new dementia care units. The Department may approve such | ||
applications only if the application has: (1) no more than one | ||
non-dementia care unit for each dementia care unit and (2) the | ||
site is not located within 4 miles of an existing supportive | ||
living program site in Cook County (including the City of | ||
Chicago), not located within 12 miles of an existing | ||
supportive living program site in DuPage County, Kane County, | ||
Lake County, McHenry County, or Will County, or not located | ||
within 25 miles of an existing supportive living program site | ||
in any other county. | ||
(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | ||
103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | ||
Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.) | ||
(305 ILCS 5/5-5.05) | ||
Sec. 5-5.05. Hospitals; psychiatric services. | ||
(a) On and after January 1, 2024, the inpatient, per diem | ||
rate to be paid to a hospital for inpatient psychiatric | ||
services shall be not less than 90% of the per diem rate | ||
established in accordance with subsection paragraph (b-5) of | ||
this Section, subject to the provisions of Section 14-12.5. | ||
(b) For purposes of this Section, "hospital" means a | ||
hospital with a distinct part unit for psychiatric services. |
For purposes of this Section, "inpatient psychiatric | ||
services" means those services provided to patients who are in | ||
need of short-term acute inpatient hospitalization for active | ||
treatment of an emotional or mental disorder. | ||
(b-5) Notwithstanding any other provision of this Section, | ||
the inpatient, per diem rate to be paid to all safety-net | ||
hospitals for inpatient psychiatric services on and after | ||
January 1, 2021 shall be at least $630, subject to the | ||
provisions of Section 14-12.5. | ||
(b-10) Notwithstanding any other provision of this | ||
Section, effective with dates of service on and after January | ||
1, 2022, any general acute care hospital with more than 9,500 | ||
inpatient psychiatric Medicaid days in any calendar year shall | ||
be paid the inpatient per diem rate of no less than $630, | ||
subject to the provisions of Section 14-12.5. | ||
(c) No rules shall be promulgated to implement this | ||
Section. For purposes of this Section, "rules" is given the | ||
meaning contained in Section 1-70 of the Illinois | ||
Administrative Procedure Act. | ||
(d) (Blank). | ||
(e) On and after July 1, 2012, the Department shall reduce | ||
any rate of reimbursement for services or other payments or | ||
alter any methodologies authorized by this Code to reduce any | ||
rate of reimbursement for services or other payments in | ||
accordance with Section 5-5e. | ||
(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21; |
103-102, eff. 6-16-23; revised 9-21-23.) | ||
(305 ILCS 5/5-5.2) | ||
Sec. 5-5.2. Payment. | ||
(a) All nursing facilities that are grouped pursuant to | ||
Section 5-5.1 of this Act shall receive the same rate of | ||
payment for similar services. | ||
(b) It shall be a matter of State policy that the Illinois | ||
Department shall utilize a uniform billing cycle throughout | ||
the State for the long-term care providers. | ||
(c) (Blank). | ||
(c-1) Notwithstanding any other provisions of this Code, | ||
the methodologies for reimbursement of nursing services as | ||
provided under this Article shall no longer be applicable for | ||
bills payable for nursing services rendered on or after a new | ||
reimbursement system based on the Patient Driven Payment Model | ||
(PDPM) has been fully operationalized, which shall take effect | ||
for services provided on or after the implementation of the | ||
PDPM reimbursement system begins. For the purposes of Public | ||
Act 102-1035 this amendatory Act of the 102nd General | ||
Assembly , the implementation date of the PDPM reimbursement | ||
system and all related provisions shall be July 1, 2022 if the | ||
following conditions are met: (i) the Centers for Medicare and | ||
Medicaid Services has approved corresponding changes in the | ||
reimbursement system and bed assessment; and (ii) the | ||
Department has filed rules to implement these changes no later |
than June 1, 2022. Failure of the Department to file rules to | ||
implement the changes provided in Public Act 102-1035 this | ||
amendatory Act of the 102nd General Assembly no later than | ||
June 1, 2022 shall result in the implementation date being | ||
delayed to October 1, 2022. | ||
(d) The new nursing services reimbursement methodology | ||
utilizing the Patient Driven Payment Model, which shall be | ||
referred to as the PDPM reimbursement system, taking effect | ||
July 1, 2022, upon federal approval by the Centers for | ||
Medicare and Medicaid Services, shall be based on the | ||
following: | ||
(1) The methodology shall be resident-centered, | ||
facility-specific, cost-based, and based on guidance from | ||
the Centers for Medicare and Medicaid Services. | ||
(2) Costs shall be annually rebased and case mix index | ||
quarterly updated. The nursing services methodology will | ||
be assigned to the Medicaid enrolled residents on record | ||
as of 30 days prior to the beginning of the rate period in | ||
the Department's Medicaid Management Information System | ||
(MMIS) as present on the last day of the second quarter | ||
preceding the rate period based upon the Assessment | ||
Reference Date of the Minimum Data Set (MDS). | ||
(3) Regional wage adjustors based on the Health | ||
Service Areas (HSA) groupings and adjusters in effect on | ||
April 30, 2012 shall be included, except no adjuster shall | ||
be lower than 1.06. |
(4) PDPM nursing case mix indices in effect on March | ||
1, 2022 shall be assigned to each resident class at no less | ||
than 0.7858 of the Centers for Medicare and Medicaid | ||
Services PDPM unadjusted case mix values, in effect on | ||
March 1, 2022. | ||
(5) The pool of funds available for distribution by | ||
case mix and the base facility rate shall be determined | ||
using the formula contained in subsection (d-1). | ||
(6) The Department shall establish a variable per diem | ||
staffing add-on in accordance with the most recent | ||
available federal staffing report, currently the Payroll | ||
Based Journal, for the same period of time, and if | ||
applicable adjusted for acuity using the same quarter's | ||
MDS. The Department shall rely on Payroll Based Journals | ||
provided to the Department of Public Health to make a | ||
determination of non-submission. If the Department is | ||
notified by a facility of missing or inaccurate Payroll | ||
Based Journal data or an incorrect calculation of | ||
staffing, the Department must make a correction as soon as | ||
the error is verified for the applicable quarter. | ||
Facilities with at least 70% of the staffing indicated | ||
by the STRIVE study shall be paid a per diem add-on of $9, | ||
increasing by equivalent steps for each whole percentage | ||
point until the facilities reach a per diem of $14.88. | ||
Facilities with at least 80% of the staffing indicated by | ||
the STRIVE study shall be paid a per diem add-on of $14.88, |
increasing by equivalent steps for each whole percentage | ||
point until the facilities reach a per diem add-on of | ||
$23.80. Facilities with at least 92% of the staffing | ||
indicated by the STRIVE study shall be paid a per diem | ||
add-on of $23.80, increasing by equivalent steps for each | ||
whole percentage point until the facilities reach a per | ||
diem add-on of $29.75. Facilities with at least 100% of | ||
the staffing indicated by the STRIVE study shall be paid a | ||
per diem add-on of $29.75, increasing by equivalent steps | ||
for each whole percentage point until the facilities reach | ||
a per diem add-on of $35.70. Facilities with at least 110% | ||
of the staffing indicated by the STRIVE study shall be | ||
paid a per diem add-on of $35.70, increasing by equivalent | ||
steps for each whole percentage point until the facilities | ||
reach a per diem add-on of $38.68. Facilities with at | ||
least 125% or higher of the staffing indicated by the | ||
STRIVE study shall be paid a per diem add-on of $38.68. | ||
Beginning April 1, 2023, no nursing facility's variable | ||
staffing per diem add-on shall be reduced by more than 5% | ||
in 2 consecutive quarters. For the quarters beginning July | ||
1, 2022 and October 1, 2022, no facility's variable per | ||
diem staffing add-on shall be calculated at a rate lower | ||
than 85% of the staffing indicated by the STRIVE study. No | ||
facility below 70% of the staffing indicated by the STRIVE | ||
study shall receive a variable per diem staffing add-on | ||
after December 31, 2022. |
(7) For dates of services beginning July 1, 2022, the | ||
PDPM nursing component per diem for each nursing facility | ||
shall be the product of the facility's (i) statewide PDPM | ||
nursing base per diem rate, $92.25, adjusted for the | ||
facility average PDPM case mix index calculated quarterly | ||
and (ii) the regional wage adjuster, and then add the | ||
Medicaid access adjustment as defined in (e-3) of this | ||
Section. Transition rates for services provided between | ||
July 1, 2022 and October 1, 2023 shall be the greater of | ||
the PDPM nursing component per diem or: | ||
(A) for the quarter beginning July 1, 2022, the | ||
RUG-IV nursing component per diem; | ||
(B) for the quarter beginning October 1, 2022, the | ||
sum of the RUG-IV nursing component per diem | ||
multiplied by 0.80 and the PDPM nursing component per | ||
diem multiplied by 0.20; | ||
(C) for the quarter beginning January 1, 2023, the | ||
sum of the RUG-IV nursing component per diem | ||
multiplied by 0.60 and the PDPM nursing component per | ||
diem multiplied by 0.40; | ||
(D) for the quarter beginning April 1, 2023, the | ||
sum of the RUG-IV nursing component per diem | ||
multiplied by 0.40 and the PDPM nursing component per | ||
diem multiplied by 0.60; | ||
(E) for the quarter beginning July 1, 2023, the | ||
sum of the RUG-IV nursing component per diem |
multiplied by 0.20 and the PDPM nursing component per | ||
diem multiplied by 0.80; or | ||
(F) for the quarter beginning October 1, 2023 and | ||
each subsequent quarter, the transition rate shall end | ||
and a nursing facility shall be paid 100% of the PDPM | ||
nursing component per diem. | ||
(d-1) Calculation of base year Statewide RUG-IV nursing | ||
base per diem rate. | ||
(1) Base rate spending pool shall be: | ||
(A) The base year resident days which are | ||
calculated by multiplying the number of Medicaid | ||
residents in each nursing home as indicated in the MDS | ||
data defined in paragraph (4) by 365. | ||
(B) Each facility's nursing component per diem in | ||
effect on July 1, 2012 shall be multiplied by | ||
subsection (A). | ||
(C) Thirteen million is added to the product of | ||
subparagraph (A) and subparagraph (B) to adjust for | ||
the exclusion of nursing homes defined in paragraph | ||
(5). | ||
(2) For each nursing home with Medicaid residents as | ||
indicated by the MDS data defined in paragraph (4), | ||
weighted days adjusted for case mix and regional wage | ||
adjustment shall be calculated. For each home this | ||
calculation is the product of: | ||
(A) Base year resident days as calculated in |
subparagraph (A) of paragraph (1). | ||
(B) The nursing home's regional wage adjustor | ||
based on the Health Service Areas (HSA) groupings and | ||
adjustors in effect on April 30, 2012. | ||
(C) Facility weighted case mix which is the number | ||
of Medicaid residents as indicated by the MDS data | ||
defined in paragraph (4) multiplied by the associated | ||
case weight for the RUG-IV 48 grouper model using | ||
standard RUG-IV procedures for index maximization. | ||
(D) The sum of the products calculated for each | ||
nursing home in subparagraphs (A) through (C) above | ||
shall be the base year case mix, rate adjusted | ||
weighted days. | ||
(3) The Statewide RUG-IV nursing base per diem rate: | ||
(A) on January 1, 2014 shall be the quotient of the | ||
paragraph (1) divided by the sum calculated under | ||
subparagraph (D) of paragraph (2); | ||
(B) on and after July 1, 2014 and until July 1, | ||
2022, shall be the amount calculated under | ||
subparagraph (A) of this paragraph (3) plus $1.76; and | ||
(C) beginning July 1, 2022 and thereafter, $7 | ||
shall be added to the amount calculated under | ||
subparagraph (B) of this paragraph (3) of this | ||
Section. | ||
(4) Minimum Data Set (MDS) comprehensive assessments | ||
for Medicaid residents on the last day of the quarter used |
to establish the base rate. | ||
(5) Nursing facilities designated as of July 1, 2012 | ||
by the Department as "Institutions for Mental Disease" | ||
shall be excluded from all calculations under this | ||
subsection. The data from these facilities shall not be | ||
used in the computations described in paragraphs (1) | ||
through (4) above to establish the base rate. | ||
(e) Beginning July 1, 2014, the Department shall allocate | ||
funding in the amount up to $10,000,000 for per diem add-ons to | ||
the RUGS methodology for dates of service on and after July 1, | ||
2014: | ||
(1) $0.63 for each resident who scores in I4200 | ||
Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||
(2) $2.67 for each resident who scores either a "1" or | ||
"2" in any items S1200A through S1200I and also scores in | ||
RUG groups PA1, PA2, BA1, or BA2. | ||
(e-1) (Blank). | ||
(e-2) For dates of services beginning January 1, 2014 and | ||
ending September 30, 2023, the RUG-IV nursing component per | ||
diem for a nursing home shall be the product of the statewide | ||
RUG-IV nursing base per diem rate, the facility average case | ||
mix index, and the regional wage adjustor. For dates of | ||
service beginning July 1, 2022 and ending September 30, 2023, | ||
the Medicaid access adjustment described in subsection (e-3) | ||
shall be added to the product. | ||
(e-3) A Medicaid Access Adjustment of $4 adjusted for the |
facility average PDPM case mix index calculated quarterly | ||
shall be added to the statewide PDPM nursing per diem for all | ||
facilities with annual Medicaid bed days of at least 70% of all | ||
occupied bed days adjusted quarterly. For each new calendar | ||
year and for the 6-month period beginning July 1, 2022, the | ||
percentage of a facility's occupied bed days comprised of | ||
Medicaid bed days shall be determined by the Department | ||
quarterly. For dates of service beginning January 1, 2023, the | ||
Medicaid Access Adjustment shall be increased to $4.75. This | ||
subsection shall be inoperative on and after January 1, 2028. | ||
(e-4) Subject to federal approval, on and after January 1, | ||
2024, the Department shall increase the rate add-on at | ||
paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335 | ||
for ventilator services from $208 per day to $481 per day. | ||
Payment is subject to the criteria and requirements under 89 | ||
Ill. Adm. Code 147.335. | ||
(f) (Blank). | ||
(g) Notwithstanding any other provision of this Code, on | ||
and after July 1, 2012, for facilities not designated by the | ||
Department of Healthcare and Family Services as "Institutions | ||
for Mental Disease", rates effective May 1, 2011 shall be | ||
adjusted as follows: | ||
(1) (Blank); | ||
(2) (Blank); | ||
(3) Facility rates for the capital and support | ||
components shall be reduced by 1.7%. |
(h) Notwithstanding any other provision of this Code, on | ||
and after July 1, 2012, nursing facilities designated by the | ||
Department of Healthcare and Family Services as "Institutions | ||
for Mental Disease" and "Institutions for Mental Disease" that | ||
are facilities licensed under the Specialized Mental Health | ||
Rehabilitation Act of 2013 shall have the nursing, | ||
socio-developmental, capital, and support components of their | ||
reimbursement rate effective May 1, 2011 reduced in total by | ||
2.7%. | ||
(i) On and after July 1, 2014, the reimbursement rates for | ||
the support component of the nursing facility rate for | ||
facilities licensed under the Nursing Home Care Act as skilled | ||
or intermediate care facilities shall be the rate in effect on | ||
June 30, 2014 increased by 8.17%. | ||
(i-1) Subject to federal approval, on and after January 1, | ||
2024, the reimbursement rates for the support component of the | ||
nursing facility rate for facilities licensed under the | ||
Nursing Home Care Act as skilled or intermediate care | ||
facilities shall be the rate in effect on June 30, 2023 | ||
increased by 12%. | ||
(j) Notwithstanding any other provision of law, subject to | ||
federal approval, effective July 1, 2019, sufficient funds | ||
shall be allocated for changes to rates for facilities | ||
licensed under the Nursing Home Care Act as skilled nursing | ||
facilities or intermediate care facilities for dates of | ||
services on and after July 1, 2019: (i) to establish, through |
June 30, 2022 a per diem add-on to the direct care per diem | ||
rate not to exceed $70,000,000 annually in the aggregate | ||
taking into account federal matching funds for the purpose of | ||
addressing the facility's unique staffing needs, adjusted | ||
quarterly and distributed by a weighted formula based on | ||
Medicaid bed days on the last day of the second quarter | ||
preceding the quarter for which the rate is being adjusted. | ||
Beginning July 1, 2022, the annual $70,000,000 described in | ||
the preceding sentence shall be dedicated to the variable per | ||
diem add-on for staffing under paragraph (6) of subsection | ||
(d); and (ii) in an amount not to exceed $170,000,000 annually | ||
in the aggregate taking into account federal matching funds to | ||
permit the support component of the nursing facility rate to | ||
be updated as follows: | ||
(1) 80%, or $136,000,000, of the funds shall be used | ||
to update each facility's rate in effect on June 30, 2019 | ||
using the most recent cost reports on file, which have had | ||
a limited review conducted by the Department of Healthcare | ||
and Family Services and will not hold up enacting the rate | ||
increase, with the Department of Healthcare and Family | ||
Services. | ||
(2) After completing the calculation in paragraph (1), | ||
any facility whose rate is less than the rate in effect on | ||
June 30, 2019 shall have its rate restored to the rate in | ||
effect on June 30, 2019 from the 20% of the funds set | ||
aside. |
(3) The remainder of the 20%, or $34,000,000, shall be | ||
used to increase each facility's rate by an equal | ||
percentage. | ||
(k) During the first quarter of State Fiscal Year 2020, | ||
the Department of Healthcare of Family Services must convene a | ||
technical advisory group consisting of members of all trade | ||
associations representing Illinois skilled nursing providers | ||
to discuss changes necessary with federal implementation of | ||
Medicare's Patient-Driven Payment Model. Implementation of | ||
Medicare's Patient-Driven Payment Model shall, by September 1, | ||
2020, end the collection of the MDS data that is necessary to | ||
maintain the current RUG-IV Medicaid payment methodology. The | ||
technical advisory group must consider a revised reimbursement | ||
methodology that takes into account transparency, | ||
accountability, actual staffing as reported under the | ||
federally required Payroll Based Journal system, changes to | ||
the minimum wage, adequacy in coverage of the cost of care, and | ||
a quality component that rewards quality improvements. | ||
(l) The Department shall establish per diem add-on | ||
payments to improve the quality of care delivered by | ||
facilities, including: | ||
(1) Incentive payments determined by facility | ||
performance on specified quality measures in an initial | ||
amount of $70,000,000. Nothing in this subsection shall be | ||
construed to limit the quality of care payments in the | ||
aggregate statewide to $70,000,000, and, if quality of |
care has improved across nursing facilities, the | ||
Department shall adjust those add-on payments accordingly. | ||
The quality payment methodology described in this | ||
subsection must be used for at least State Fiscal Year | ||
2023. Beginning with the quarter starting July 1, 2023, | ||
the Department may add, remove, or change quality metrics | ||
and make associated changes to the quality payment | ||
methodology as outlined in subparagraph (E). Facilities | ||
designated by the Centers for Medicare and Medicaid | ||
Services as a special focus facility or a hospital-based | ||
nursing home do not qualify for quality payments. | ||
(A) Each quality pool must be distributed by | ||
assigning a quality weighted score for each nursing | ||
home which is calculated by multiplying the nursing | ||
home's quality base period Medicaid days by the | ||
nursing home's star rating weight in that period. | ||
(B) Star rating weights are assigned based on the | ||
nursing home's star rating for the LTS quality star | ||
rating. As used in this subparagraph, "LTS quality | ||
star rating" means the long-term stay quality rating | ||
for each nursing facility, as assigned by the Centers | ||
for Medicare and Medicaid Services under the Five-Star | ||
Quality Rating System. The rating is a number ranging | ||
from 0 (lowest) to 5 (highest). | ||
(i) Zero-star or one-star rating has a weight | ||
of 0. |
(ii) Two-star rating has a weight of 0.75. | ||
(iii) Three-star rating has a weight of 1.5. | ||
(iv) Four-star rating has a weight of 2.5. | ||
(v) Five-star rating has a weight of 3.5. | ||
(C) Each nursing home's quality weight score is | ||
divided by the sum of all quality weight scores for | ||
qualifying nursing homes to determine the proportion | ||
of the quality pool to be paid to the nursing home. | ||
(D) The quality pool is no less than $70,000,000 | ||
annually or $17,500,000 per quarter. The Department | ||
shall publish on its website the estimated payments | ||
and the associated weights for each facility 45 days | ||
prior to when the initial payments for the quarter are | ||
to be paid. The Department shall assign each facility | ||
the most recent and applicable quarter's STAR value | ||
unless the facility notifies the Department within 15 | ||
days of an issue and the facility provides reasonable | ||
evidence demonstrating its timely compliance with | ||
federal data submission requirements for the quarter | ||
of record. If such evidence cannot be provided to the | ||
Department, the STAR rating assigned to the facility | ||
shall be reduced by one from the prior quarter. | ||
(E) The Department shall review quality metrics | ||
used for payment of the quality pool and make | ||
recommendations for any associated changes to the | ||
methodology for distributing quality pool payments in |
consultation with associations representing long-term | ||
care providers, consumer advocates, organizations | ||
representing workers of long-term care facilities, and | ||
payors. The Department may establish, by rule, changes | ||
to the methodology for distributing quality pool | ||
payments. | ||
(F) The Department shall disburse quality pool | ||
payments from the Long-Term Care Provider Fund on a | ||
monthly basis in amounts proportional to the total | ||
quality pool payment determined for the quarter. | ||
(G) The Department shall publish any changes in | ||
the methodology for distributing quality pool payments | ||
prior to the beginning of the measurement period or | ||
quality base period for any metric added to the | ||
distribution's methodology. | ||
(2) Payments based on CNA tenure, promotion, and CNA | ||
training for the purpose of increasing CNA compensation. | ||
It is the intent of this subsection that payments made in | ||
accordance with this paragraph be directly incorporated | ||
into increased compensation for CNAs. As used in this | ||
paragraph, "CNA" means a certified nursing assistant as | ||
that term is described in Section 3-206 of the Nursing | ||
Home Care Act, Section 3-206 of the ID/DD Community Care | ||
Act, and Section 3-206 of the MC/DD Act. The Department | ||
shall establish, by rule, payments to nursing facilities | ||
equal to Medicaid's share of the tenure wage increments |
specified in this paragraph for all reported CNA employee | ||
hours compensated according to a posted schedule | ||
consisting of increments at least as large as those | ||
specified in this paragraph. The increments are as | ||
follows: an additional $1.50 per hour for CNAs with at | ||
least one and less than 2 years' experience plus another | ||
$1 per hour for each additional year of experience up to a | ||
maximum of $6.50 for CNAs with at least 6 years of | ||
experience. For purposes of this paragraph, Medicaid's | ||
share shall be the ratio determined by paid Medicaid bed | ||
days divided by total bed days for the applicable time | ||
period used in the calculation. In addition, and additive | ||
to any tenure increments paid as specified in this | ||
paragraph, the Department shall establish, by rule, | ||
payments supporting Medicaid's share of the | ||
promotion-based wage increments for CNA employee hours | ||
compensated for that promotion with at least a $1.50 | ||
hourly increase. Medicaid's share shall be established as | ||
it is for the tenure increments described in this | ||
paragraph. Qualifying promotions shall be defined by the | ||
Department in rules for an expected 10-15% subset of CNAs | ||
assigned intermediate, specialized, or added roles such as | ||
CNA trainers, CNA scheduling "captains", and CNA | ||
specialists for resident conditions like dementia or | ||
memory care or behavioral health. | ||
(m) The Department shall work with nursing facility |
industry representatives to design policies and procedures to | ||
permit facilities to address the integrity of data from | ||
federal reporting sites used by the Department in setting | ||
facility rates. | ||
(Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21; | ||
102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102, | ||
Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50, | ||
Section 50-5, eff. 1-1-24; revised 12-15-23.) | ||
(305 ILCS 5/5-16.8) | ||
Sec. 5-16.8. Required health benefits. The medical | ||
assistance program shall (i) provide the post-mastectomy care | ||
benefits required to be covered by a policy of accident and | ||
health insurance under Section 356t and the coverage required | ||
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, | ||
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, | ||
356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and | ||
356z.61 , 356z.64, and 356z.67 of the Illinois Insurance Code, | ||
(ii) be subject to the provisions of Sections 356z.19, | ||
356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois | ||
Insurance Code, and (iii) be subject to the provisions of | ||
subsection (d-5) of Section 10 of the Network Adequacy and | ||
Transparency Act. | ||
The Department, by rule, shall adopt a model similar to | ||
the requirements of Section 356z.39 of the Illinois Insurance | ||
Code. |
On and after July 1, 2012, the Department shall reduce any | ||
rate of reimbursement for services or other payments or alter | ||
any methodologies authorized by this Code to reduce any rate | ||
of reimbursement for services or other payments in accordance | ||
with Section 5-5e. | ||
To ensure full access to the benefits set forth in this | ||
Section, on and after January 1, 2016, the Department shall | ||
ensure that provider and hospital reimbursement for | ||
post-mastectomy care benefits required under this Section are | ||
no lower than the Medicare reimbursement rate. | ||
(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; | ||
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. | ||
1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, | ||
eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||
1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.) | ||
(305 ILCS 5/5-47) | ||
Sec. 5-47. Medicaid reimbursement rates; substance use | ||
disorder treatment providers and facilities. | ||
(a) Beginning on January 1, 2024, subject to federal | ||
approval, the Department of Healthcare and Family Services, in | ||
conjunction with the Department of Human Services' Division of | ||
Substance Use Prevention and Recovery, shall provide a 30% | ||
increase in reimbursement rates for all Medicaid-covered ASAM | ||
Level 3 residential/inpatient substance use disorder treatment |
services. | ||
No existing or future reimbursement rates or add-ons shall | ||
be reduced or changed to address this proposed rate increase. | ||
No later than 3 months after June 16, 2023 ( the effective date | ||
of Public Act 103-102) this amendatory Act of the 103rd | ||
General Assembly , the Department of Healthcare and Family | ||
Services shall submit any necessary application to the federal | ||
Centers for Medicare and Medicaid Services to implement the | ||
requirements of this Section. | ||
(b) Parity in community-based behavioral health rates; | ||
implementation plan for cost reporting. For the purpose of | ||
understanding behavioral health services cost structures and | ||
their impact on the Medical Assistance Program, the Department | ||
of Healthcare and Family Services shall engage stakeholders to | ||
develop a plan for the regular collection of cost reporting | ||
for all entity-based substance use disorder providers. Data | ||
shall be used to inform on the effectiveness and efficiency of | ||
Illinois Medicaid rates. The Department and stakeholders shall | ||
develop a plan by April 1, 2024. The Department shall engage | ||
stakeholders on implementation of the plan. The plan, at | ||
minimum, shall consider all of the following: | ||
(1) Alignment with certified community behavioral | ||
health clinic requirements, standards, policies, and | ||
procedures. | ||
(2) Inclusion of prospective costs to measure what is | ||
needed to increase services and capacity. |
(3) Consideration of differences in collection and | ||
policies based on the size of providers. | ||
(4) Consideration of additional administrative time | ||
and costs. | ||
(5) Goals, purposes, and usage of data collected from | ||
cost reports. | ||
(6) Inclusion of qualitative data in addition to | ||
quantitative data. | ||
(7) Technical assistance for providers for completing | ||
cost reports including initial training by the Department | ||
for providers. | ||
(8) Implementation of a timeline which allows an | ||
initial grace period for providers to adjust internal | ||
procedures and data collection. | ||
Details from collected cost reports shall be made publicly | ||
available on the Department's website and costs shall be used | ||
to ensure the effectiveness and efficiency of Illinois | ||
Medicaid rates. | ||
(c) Reporting; access to substance use disorder treatment | ||
services and recovery supports. By no later than April 1, | ||
2024, the Department of Healthcare and Family Services, with | ||
input from the Department of Human Services' Division of | ||
Substance Use Prevention and Recovery, shall submit a report | ||
to the General Assembly regarding access to treatment services | ||
and recovery supports for persons diagnosed with a substance | ||
use disorder. The report shall include, but is not limited to, |
the following information: | ||
(1) The number of providers enrolled in the Illinois | ||
Medical Assistance Program certified to provide substance | ||
use disorder treatment services, aggregated by ASAM level | ||
of care, and recovery supports. | ||
(2) The number of Medicaid customers in Illinois with | ||
a diagnosed substance use disorder receiving substance use | ||
disorder treatment, aggregated by provider type and ASAM | ||
level of care. | ||
(3) A comparison of Illinois' substance use disorder | ||
licensure and certification requirements with those of | ||
comparable state Medicaid programs. | ||
(4) Recommendations for and an analysis of the impact | ||
of aligning reimbursement rates for outpatient substance | ||
use disorder treatment services with reimbursement rates | ||
for community-based mental health treatment services. | ||
(5) Recommendations for expanding substance use | ||
disorder treatment to other qualified provider entities | ||
and licensed professionals of the healing arts. The | ||
recommendations shall include an analysis of the | ||
opportunities to maximize the flexibilities permitted by | ||
the federal Centers for Medicare and Medicaid Services for | ||
expanding access to the number and types of qualified | ||
substance use disorder providers. | ||
(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.) |
(305 ILCS 5/5-50) | ||
Sec. 5-50 5-47 . Coverage for mental health and substance | ||
use disorder telehealth services. | ||
(a) As used in this Section: | ||
"Behavioral health care professional" has the meaning | ||
given to "health care professional" in Section 5 of the | ||
Telehealth Act, but only with respect to professionals | ||
licensed or certified by the Division of Mental Health or | ||
Division of Substance Use Prevention and Recovery of the | ||
Department of Human Services engaged in the delivery of mental | ||
health or substance use disorder treatment or services. | ||
"Behavioral health facility" means a community mental | ||
health center, a behavioral health clinic, a substance use | ||
disorder treatment program, or a facility or provider licensed | ||
or certified by the Division of Mental Health or Division of | ||
Substance Use Prevention and Recovery of the Department of | ||
Human Services. | ||
"Behavioral telehealth services" has the meaning given to | ||
the term "telehealth services" in Section 5 of the Telehealth | ||
Act, but limited solely to mental health and substance use | ||
disorder treatment or services to a patient, regardless of | ||
patient location. | ||
"Distant site" has the meaning given to that term in | ||
Section 5 of the Telehealth Act. | ||
"Originating site" has the meaning given to that term in | ||
Section 5 of the Telehealth Act. |
(b) The Department and any managed care plans under | ||
contract with the Department for the medical assistance | ||
program shall provide for coverage of mental health and | ||
substance use disorder treatment or services delivered as | ||
behavioral telehealth services as specified in this Section. | ||
The Department and any managed care plans under contract with | ||
the Department for the medical assistance program may also | ||
provide reimbursement to a behavioral health facility that | ||
serves as the originating site at the time a behavioral | ||
telehealth service is rendered. | ||
(c) To ensure behavioral telehealth services are equitably | ||
provided, coverage required under this Section shall comply | ||
with all of the following: | ||
(1) The Department and any managed care plans under | ||
contract with the Department for the medical assistance | ||
program shall not: | ||
(A) require that in-person contact occur between a | ||
behavioral health care professional and a patient | ||
before the provision of a behavioral telehealth | ||
service; | ||
(B) require patients, behavioral health care | ||
professionals, or behavioral health facilities to | ||
prove or document a hardship or access barrier to an | ||
in-person consultation for coverage and reimbursement | ||
of behavioral telehealth services; | ||
(C) require the use of behavioral telehealth |
services when the behavioral health care professional | ||
has determined that it is not appropriate; | ||
(D) require the use of behavioral telehealth | ||
services when a patient chooses an in-person | ||
consultation; | ||
(E) require a behavioral health care professional | ||
to be physically present in the same room as the | ||
patient at the originating site, unless deemed | ||
medically necessary by the behavioral health care | ||
professional providing the behavioral telehealth | ||
service; | ||
(F) create geographic or facility restrictions or | ||
requirements for behavioral telehealth services; | ||
(G) require behavioral health care professionals | ||
or behavioral health facilities to offer or provide | ||
behavioral telehealth services; | ||
(H) require patients to use behavioral telehealth | ||
services or require patients to use a separate panel | ||
of behavioral health care professionals or behavioral | ||
health facilities to receive behavioral telehealth | ||
services; or | ||
(I) impose upon behavioral telehealth services | ||
utilization review requirements that are unnecessary, | ||
duplicative, or unwarranted or impose any treatment | ||
limitations, prior authorization, documentation, or | ||
recordkeeping requirements that are more stringent |
than the requirements applicable to the same | ||
behavioral health care service when rendered | ||
in-person, except that procedure code modifiers may be | ||
required to document behavioral telehealth. | ||
(2) Any cost sharing applicable to services provided | ||
through behavioral telehealth shall not exceed the cost | ||
sharing required by the medical assistance program for the | ||
same services provided through in-person consultation. | ||
(3) The Department and any managed care plans under | ||
contract with the Department for the medical assistance | ||
program shall notify behavioral health care professionals | ||
and behavioral health facilities of any instructions | ||
necessary to facilitate billing for behavioral telehealth | ||
services. | ||
(d) For purposes of reimbursement, the Department and any | ||
managed care plans under contract with the Department for the | ||
medical assistance program shall reimburse a behavioral health | ||
care professional or behavioral health facility for behavioral | ||
telehealth services on the same basis, in the same manner, and | ||
at the same reimbursement rate that would apply to the | ||
services if the services had been delivered via an in-person | ||
encounter by a behavioral health care professional or | ||
behavioral health facility. This subsection applies only to | ||
those services provided by behavioral telehealth that may | ||
otherwise be billed as an in-person service. | ||
(e) Behavioral health care professionals and behavioral |
health facilities shall determine the appropriateness of | ||
specific sites, technology platforms, and technology vendors | ||
for a behavioral telehealth service, as long as delivered | ||
services adhere to all federal and State privacy, security, | ||
and confidentiality laws, rules, or regulations, including, | ||
but not limited to, the Health Insurance Portability and | ||
Accountability Act of 1996, 42 CFR Part 2, and the Mental | ||
Health and Developmental Disabilities Confidentiality Act. | ||
(f) Nothing in this Section shall be deemed as precluding | ||
the Department and any managed care plans under contract with | ||
the Department for the medical assistance program from | ||
providing benefits for other telehealth services. | ||
(g) There shall be no restrictions on originating site | ||
requirements for behavioral telehealth coverage or | ||
reimbursement to the distant site under this Section other | ||
than requiring the behavioral telehealth services to be | ||
medically necessary and clinically appropriate. | ||
(h) Nothing in this Section shall be deemed as precluding | ||
the Department and any managed care plans under contract with | ||
the Department for the medical assistance program from | ||
establishing limits on the use of telehealth for a particular | ||
behavioral health service when the limits are consistent with | ||
generally accepted standards of mental, emotional, nervous, or | ||
substance use disorder or condition care. | ||
(i) The Department may adopt rules to implement the | ||
provisions of this Section. |
(Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.) | ||
(305 ILCS 5/5-51) | ||
Sec. 5-51 5-47 . Proton beam therapy; managed care. | ||
Notwithstanding any other provision of this Article, a managed | ||
care organization under contract with the Department to | ||
provide services to recipients of medical assistance shall | ||
provide coverage for proton beam therapy. | ||
As used in this Section : , | ||
"Proton "proton beam therapy" means a type of radiation | ||
therapy treatment that utilizes protons as the radiation | ||
delivery method for the treatment of tumors and cancerous | ||
cells. | ||
"Radiation therapy treatment" means the delivery of | ||
biological effective doses with proton therapy, intensity | ||
modulated radiation therapy, brachytherapy, stereotactic body | ||
radiation therapy, three-dimensional conformal radiation | ||
therapy, or other forms of therapy using radiation. | ||
(Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.) | ||
(305 ILCS 5/5A-12.7) | ||
(Section scheduled to be repealed on December 31, 2026) | ||
Sec. 5A-12.7. Continuation of hospital access payments on | ||
and after July 1, 2020. | ||
(a) To preserve and improve access to hospital services, | ||
for hospital services rendered on and after July 1, 2020, the |
Department shall, except for hospitals described in subsection | ||
(b) of Section 5A-3, make payments to hospitals or require | ||
capitated managed care organizations to make payments as set | ||
forth in this Section. Payments under this Section are not due | ||
and payable, however, until: (i) the methodologies described | ||
in this Section are approved by the federal government in an | ||
appropriate State Plan amendment or directed payment preprint; | ||
and (ii) the assessment imposed under this Article is | ||
determined to be a permissible tax under Title XIX of the | ||
Social Security Act. In determining the hospital access | ||
payments authorized under subsection (g) of this Section, if a | ||
hospital ceases to qualify for payments from the pool, the | ||
payments for all hospitals continuing to qualify for payments | ||
from such pool shall be uniformly adjusted to fully expend the | ||
aggregate net amount of the pool, with such adjustment being | ||
effective on the first day of the second month following the | ||
date the hospital ceases to receive payments from such pool. | ||
(b) Amounts moved into claims-based rates and distributed | ||
in accordance with Section 14-12 shall remain in those | ||
claims-based rates. | ||
(c) Graduate medical education. | ||
(1) The calculation of graduate medical education | ||
payments shall be based on the hospital's Medicare cost | ||
report ending in Calendar Year 2018, as reported in the | ||
Healthcare Cost Report Information System file, release | ||
date September 30, 2019. An Illinois hospital reporting |
intern and resident cost on its Medicare cost report shall | ||
be eligible for graduate medical education payments. | ||
(2) Each hospital's annualized Medicaid Intern | ||
Resident Cost is calculated using annualized intern and | ||
resident total costs obtained from Worksheet B Part I, | ||
Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93, | ||
96-98, and 105-112 multiplied by the percentage that the | ||
hospital's Medicaid days (Worksheet S3 Part I, Column 7, | ||
Lines 2, 3, 4, 14, 16-18, and 32) comprise of the | ||
hospital's total days (Worksheet S3 Part I, Column 8, | ||
Lines 14, 16-18, and 32). | ||
(3) An annualized Medicaid indirect medical education | ||
(IME) payment is calculated for each hospital using its | ||
IME payments (Worksheet E Part A, Line 29, Column 1) | ||
multiplied by the percentage that its Medicaid days | ||
(Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18, | ||
and 32) comprise of its Medicare days (Worksheet S3 Part | ||
I, Column 6, Lines 2, 3, 4, 14, and 16-18). | ||
(4) For each hospital, its annualized Medicaid Intern | ||
Resident Cost and its annualized Medicaid IME payment are | ||
summed, and, except as capped at 120% of the average cost | ||
per intern and resident for all qualifying hospitals as | ||
calculated under this paragraph, is multiplied by the | ||
applicable reimbursement factor as described in this | ||
paragraph, to determine the hospital's final graduate | ||
medical education payment. Each hospital's average cost |
per intern and resident shall be calculated by summing its | ||
total annualized Medicaid Intern Resident Cost plus its | ||
annualized Medicaid IME payment and dividing that amount | ||
by the hospital's total Full Time Equivalent Residents and | ||
Interns. If the hospital's average per intern and resident | ||
cost is greater than 120% of the same calculation for all | ||
qualifying hospitals, the hospital's per intern and | ||
resident cost shall be capped at 120% of the average cost | ||
for all qualifying hospitals. | ||
(A) For the period of July 1, 2020 through | ||
December 31, 2022, the applicable reimbursement factor | ||
shall be 22.6%. | ||
(B) For the period of January 1, 2023 through | ||
December 31, 2026, the applicable reimbursement factor | ||
shall be 35% for all qualified safety-net hospitals, | ||
as defined in Section 5-5e.1 of this Code, and all | ||
hospitals with 100 or more Full Time Equivalent | ||
Residents and Interns, as reported on the hospital's | ||
Medicare cost report ending in Calendar Year 2018, and | ||
for all other qualified hospitals the applicable | ||
reimbursement factor shall be 30%. | ||
(d) Fee-for-service supplemental payments. For the period | ||
of July 1, 2020 through December 31, 2022, each Illinois | ||
hospital shall receive an annual payment equal to the amounts | ||
below, to be paid in 12 equal installments on or before the | ||
seventh State business day of each month, except that no |
payment shall be due within 30 days after the later of the date | ||
of notification of federal approval of the payment | ||
methodologies required under this Section or any waiver | ||
required under 42 CFR 433.68, at which time the sum of amounts | ||
required under this Section prior to the date of notification | ||
is due and payable. | ||
(1) For critical access hospitals, $385 per covered | ||
inpatient day contained in paid fee-for-service claims and | ||
$530 per paid fee-for-service outpatient claim for dates | ||
of service in Calendar Year 2019 in the Department's | ||
Enterprise Data Warehouse as of May 11, 2020. | ||
(2) For safety-net hospitals, $960 per covered | ||
inpatient day contained in paid fee-for-service claims and | ||
$625 per paid fee-for-service outpatient claim for dates | ||
of service in Calendar Year 2019 in the Department's | ||
Enterprise Data Warehouse as of May 11, 2020. | ||
(3) For long term acute care hospitals, $295 per | ||
covered inpatient day contained in paid fee-for-service | ||
claims for dates of service in Calendar Year 2019 in the | ||
Department's Enterprise Data Warehouse as of May 11, 2020. | ||
(4) For freestanding psychiatric hospitals, $125 per | ||
covered inpatient day contained in paid fee-for-service | ||
claims and $130 per paid fee-for-service outpatient claim | ||
for dates of service in Calendar Year 2019 in the | ||
Department's Enterprise Data Warehouse as of May 11, 2020. | ||
(5) For freestanding rehabilitation hospitals, $355 |
per covered inpatient day contained in paid | ||
fee-for-service claims for dates of service in Calendar | ||
Year 2019 in the Department's Enterprise Data Warehouse as | ||
of May 11, 2020. | ||
(6) For all general acute care hospitals and high | ||
Medicaid hospitals as defined in subsection (f), $350 per | ||
covered inpatient day for dates of service in Calendar | ||
Year 2019 contained in paid fee-for-service claims and | ||
$620 per paid fee-for-service outpatient claim in the | ||
Department's Enterprise Data Warehouse as of May 11, 2020. | ||
(7) Alzheimer's treatment access payment. Each | ||
Illinois academic medical center or teaching hospital, as | ||
defined in Section 5-5e.2 of this Code, that is identified | ||
as the primary hospital affiliate of one of the Regional | ||
Alzheimer's Disease Assistance Centers, as designated by | ||
the Alzheimer's Disease Assistance Act and identified in | ||
the Department of Public Health's Alzheimer's Disease | ||
State Plan dated December 2016, shall be paid an | ||
Alzheimer's treatment access payment equal to the product | ||
of the qualifying hospital's State Fiscal Year 2018 total | ||
inpatient fee-for-service days multiplied by the | ||
applicable Alzheimer's treatment rate of $226.30 for | ||
hospitals located in Cook County and $116.21 for hospitals | ||
located outside Cook County. | ||
(d-2) Fee-for-service supplemental payments. Beginning | ||
January 1, 2023, each Illinois hospital shall receive an |
annual payment equal to the amounts listed below, to be paid in | ||
12 equal installments on or before the seventh State business | ||
day of each month, except that no payment shall be due within | ||
30 days after the later of the date of notification of federal | ||
approval of the payment methodologies required under this | ||
Section or any waiver required under 42 CFR 433.68, at which | ||
time the sum of amounts required under this Section prior to | ||
the date of notification is due and payable. The Department | ||
may adjust the rates in paragraphs (1) through (7) to comply | ||
with the federal upper payment limits, with such adjustments | ||
being determined so that the total estimated spending by | ||
hospital class, under such adjusted rates, remains | ||
substantially similar to the total estimated spending under | ||
the original rates set forth in this subsection. | ||
(1) For critical access hospitals, as defined in | ||
subsection (f), $750 per covered inpatient day contained | ||
in paid fee-for-service claims and $750 per paid | ||
fee-for-service outpatient claim for dates of service in | ||
Calendar Year 2019 in the Department's Enterprise Data | ||
Warehouse as of August 6, 2021. | ||
(2) For safety-net hospitals, as described in | ||
subsection (f), $1,350 per inpatient day contained in paid | ||
fee-for-service claims and $1,350 per paid fee-for-service | ||
outpatient claim for dates of service in Calendar Year | ||
2019 in the Department's Enterprise Data Warehouse as of | ||
August 6, 2021. |
(3) For long term acute care hospitals, $550 per | ||
covered inpatient day contained in paid fee-for-service | ||
claims for dates of service in Calendar Year 2019 in the | ||
Department's Enterprise Data Warehouse as of August 6, | ||
2021. | ||
(4) For freestanding psychiatric hospitals, $200 per | ||
covered inpatient day contained in paid fee-for-service | ||
claims and $200 per paid fee-for-service outpatient claim | ||
for dates of service in Calendar Year 2019 in the | ||
Department's Enterprise Data Warehouse as of August 6, | ||
2021. | ||
(5) For freestanding rehabilitation hospitals, $550 | ||
per covered inpatient day contained in paid | ||
fee-for-service claims and $125 per paid fee-for-service | ||
outpatient claim for dates of service in Calendar Year | ||
2019 in the Department's Enterprise Data Warehouse as of | ||
August 6, 2021. | ||
(6) For all general acute care hospitals and high | ||
Medicaid hospitals as defined in subsection (f), $500 per | ||
covered inpatient day for dates of service in Calendar | ||
Year 2019 contained in paid fee-for-service claims and | ||
$500 per paid fee-for-service outpatient claim in the | ||
Department's Enterprise Data Warehouse as of August 6, | ||
2021. | ||
(7) For public hospitals, as defined in subsection | ||
(f), $275 per covered inpatient day contained in paid |
fee-for-service claims and $275 per paid fee-for-service | ||
outpatient claim for dates of service in Calendar Year | ||
2019 in the Department's Enterprise Data Warehouse as of | ||
August 6, 2021. | ||
(8) Alzheimer's treatment access payment. Each | ||
Illinois academic medical center or teaching hospital, as | ||
defined in Section 5-5e.2 of this Code, that is identified | ||
as the primary hospital affiliate of one of the Regional | ||
Alzheimer's Disease Assistance Centers, as designated by | ||
the Alzheimer's Disease Assistance Act and identified in | ||
the Department of Public Health's Alzheimer's Disease | ||
State Plan dated December 2016, shall be paid an | ||
Alzheimer's treatment access payment equal to the product | ||
of the qualifying hospital's Calendar Year 2019 total | ||
inpatient fee-for-service days, in the Department's | ||
Enterprise Data Warehouse as of August 6, 2021, multiplied | ||
by the applicable Alzheimer's treatment rate of $244.37 | ||
for hospitals located in Cook County and $312.03 for | ||
hospitals located outside Cook County. | ||
(e) The Department shall require managed care | ||
organizations (MCOs) to make directed payments and | ||
pass-through payments according to this Section. Each calendar | ||
year, the Department shall require MCOs to pay the maximum | ||
amount out of these funds as allowed as pass-through payments | ||
under federal regulations. The Department shall require MCOs | ||
to make such pass-through payments as specified in this |
Section. The Department shall require the MCOs to pay the | ||
remaining amounts as directed Payments as specified in this | ||
Section. The Department shall issue payments to the | ||
Comptroller by the seventh business day of each month for all | ||
MCOs that are sufficient for MCOs to make the directed | ||
payments and pass-through payments according to this Section. | ||
The Department shall require the MCOs to make pass-through | ||
payments and directed payments using electronic funds | ||
transfers (EFT), if the hospital provides the information | ||
necessary to process such EFTs, in accordance with directions | ||
provided monthly by the Department, within 7 business days of | ||
the date the funds are paid to the MCOs, as indicated by the | ||
"Paid Date" on the website of the Office of the Comptroller if | ||
the funds are paid by EFT and the MCOs have received directed | ||
payment instructions. If funds are not paid through the | ||
Comptroller by EFT, payment must be made within 7 business | ||
days of the date actually received by the MCO. The MCO will be | ||
considered to have paid the pass-through payments when the | ||
payment remittance number is generated or the date the MCO | ||
sends the check to the hospital, if EFT information is not | ||
supplied. If an MCO is late in paying a pass-through payment or | ||
directed payment as required under this Section (including any | ||
extensions granted by the Department), it shall pay a penalty, | ||
unless waived by the Department for reasonable cause, to the | ||
Department equal to 5% of the amount of the pass-through | ||
payment or directed payment not paid on or before the due date |
plus 5% of the portion thereof remaining unpaid on the last day | ||
of each 30-day period thereafter. Payments to MCOs that would | ||
be paid consistent with actuarial certification and enrollment | ||
in the absence of the increased capitation payments under this | ||
Section shall not be reduced as a consequence of payments made | ||
under this subsection. The Department shall publish and | ||
maintain on its website for a period of no less than 8 calendar | ||
quarters, the quarterly calculation of directed payments and | ||
pass-through payments owed to each hospital from each MCO. All | ||
calculations and reports shall be posted no later than the | ||
first day of the quarter for which the payments are to be | ||
issued. | ||
(f)(1) For purposes of allocating the funds included in | ||
capitation payments to MCOs, Illinois hospitals shall be | ||
divided into the following classes as defined in | ||
administrative rules: | ||
(A) Beginning July 1, 2020 through December 31, 2022, | ||
critical access hospitals. Beginning January 1, 2023, | ||
"critical access hospital" means a hospital designated by | ||
the Department of Public Health as a critical access | ||
hospital, excluding any hospital meeting the definition of | ||
a public hospital in subparagraph (F). | ||
(B) Safety-net hospitals, except that stand-alone | ||
children's hospitals that are not specialty children's | ||
hospitals will not be included. For the calendar year | ||
beginning January 1, 2023, and each calendar year |
thereafter, assignment to the safety-net class shall be | ||
based on the annual safety-net rate year beginning 15 | ||
months before the beginning of the first Payout Quarter of | ||
the calendar year. | ||
(C) Long term acute care hospitals. | ||
(D) Freestanding psychiatric hospitals. | ||
(E) Freestanding rehabilitation hospitals. | ||
(F) Beginning January 1, 2023, "public hospital" means | ||
a hospital that is owned or operated by an Illinois | ||
Government body or municipality, excluding a hospital | ||
provider that is a State agency, a State university, or a | ||
county with a population of 3,000,000 or more. | ||
(G) High Medicaid hospitals. | ||
(i) As used in this Section, "high Medicaid | ||
hospital" means a general acute care hospital that: | ||
(I) For the payout periods July 1, 2020 | ||
through December 31, 2022, is not a safety-net | ||
hospital or critical access hospital and that has | ||
a Medicaid Inpatient Utilization Rate above 30% or | ||
a hospital that had over 35,000 inpatient Medicaid | ||
days during the applicable period. For the period | ||
July 1, 2020 through December 31, 2020, the | ||
applicable period for the Medicaid Inpatient | ||
Utilization Rate (MIUR) is the rate year 2020 MIUR | ||
and for the number of inpatient days it is State | ||
fiscal year 2018. Beginning in calendar year 2021, |
the Department shall use the most recently | ||
determined MIUR, as defined in subsection (h) of | ||
Section 5-5.02, and for the inpatient day | ||
threshold, the State fiscal year ending 18 months | ||
prior to the beginning of the calendar year. For | ||
purposes of calculating MIUR under this Section, | ||
children's hospitals and affiliated general acute | ||
care hospitals shall be considered a single | ||
hospital. | ||
(II) For the calendar year beginning January | ||
1, 2023, and each calendar year thereafter, is not | ||
a public hospital, safety-net hospital, or | ||
critical access hospital and that qualifies as a | ||
regional high volume hospital or is a hospital | ||
that has a Medicaid Inpatient Utilization Rate | ||
(MIUR) above 30%. As used in this item, "regional | ||
high volume hospital" means a hospital which ranks | ||
in the top 2 quartiles based on total hospital | ||
services volume, of all eligible general acute | ||
care hospitals, when ranked in descending order | ||
based on total hospital services volume, within | ||
the same Medicaid managed care region, as | ||
designated by the Department, as of January 1, | ||
2022. As used in this item, "total hospital | ||
services volume" means the total of all Medical | ||
Assistance hospital inpatient admissions plus all |
Medical Assistance hospital outpatient visits. For | ||
purposes of determining regional high volume | ||
hospital inpatient admissions and outpatient | ||
visits, the Department shall use dates of service | ||
provided during State Fiscal Year 2020 for the | ||
Payout Quarter beginning January 1, 2023. The | ||
Department shall use dates of service from the | ||
State fiscal year ending 18 month before the | ||
beginning of the first Payout Quarter of the | ||
subsequent annual determination period. | ||
(ii) For the calendar year beginning January 1, | ||
2023, the Department shall use the Rate Year 2022 | ||
Medicaid inpatient utilization rate (MIUR), as defined | ||
in subsection (h) of Section 5-5.02. For each | ||
subsequent annual determination, the Department shall | ||
use the MIUR applicable to the rate year ending | ||
September 30 of the year preceding the beginning of | ||
the calendar year. | ||
(H) General acute care hospitals. As used under this | ||
Section, "general acute care hospitals" means all other | ||
Illinois hospitals not identified in subparagraphs (A) | ||
through (G). | ||
(2) Hospitals' qualification for each class shall be | ||
assessed prior to the beginning of each calendar year and the | ||
new class designation shall be effective January 1 of the next | ||
year. The Department shall publish by rule the process for |
establishing class determination. | ||
(3) Beginning January 1, 2024, the Department may reassign | ||
hospitals or entire hospital classes as defined above, if | ||
federal limits on the payments to the class to which the | ||
hospitals are assigned based on the criteria in this | ||
subsection prevent the Department from making payments to the | ||
class that would otherwise be due under this Section. The | ||
Department shall publish the criteria and composition of each | ||
new class based on the reassignments, and the projected impact | ||
on payments to each hospital under the new classes on its | ||
website by November 15 of the year before the year in which the | ||
class changes become effective. | ||
(g) Fixed pool directed payments. Beginning July 1, 2020, | ||
the Department shall issue payments to MCOs which shall be | ||
used to issue directed payments to qualified Illinois | ||
safety-net hospitals and critical access hospitals on a | ||
monthly basis in accordance with this subsection. Prior to the | ||
beginning of each Payout Quarter beginning July 1, 2020, the | ||
Department shall use encounter claims data from the | ||
Determination Quarter, accepted by the Department's Medicaid | ||
Management Information System for inpatient and outpatient | ||
services rendered by safety-net hospitals and critical access | ||
hospitals to determine a quarterly uniform per unit add-on for | ||
each hospital class. | ||
(1) Inpatient per unit add-on. A quarterly uniform per | ||
diem add-on shall be derived by dividing the quarterly |
Inpatient Directed Payments Pool amount allocated to the | ||
applicable hospital class by the total inpatient days | ||
contained on all encounter claims received during the | ||
Determination Quarter, for all hospitals in the class. | ||
(A) Each hospital in the class shall have a | ||
quarterly inpatient directed payment calculated that | ||
is equal to the product of the number of inpatient days | ||
attributable to the hospital used in the calculation | ||
of the quarterly uniform class per diem add-on, | ||
multiplied by the calculated applicable quarterly | ||
uniform class per diem add-on of the hospital class. | ||
(B) Each hospital shall be paid 1/3 of its | ||
quarterly inpatient directed payment in each of the 3 | ||
months of the Payout Quarter, in accordance with | ||
directions provided to each MCO by the Department. | ||
(2) Outpatient per unit add-on. A quarterly uniform | ||
per claim add-on shall be derived by dividing the | ||
quarterly Outpatient Directed Payments Pool amount | ||
allocated to the applicable hospital class by the total | ||
outpatient encounter claims received during the | ||
Determination Quarter, for all hospitals in the class. | ||
(A) Each hospital in the class shall have a | ||
quarterly outpatient directed payment calculated that | ||
is equal to the product of the number of outpatient | ||
encounter claims attributable to the hospital used in | ||
the calculation of the quarterly uniform class per |
claim add-on, multiplied by the calculated applicable | ||
quarterly uniform class per claim add-on of the | ||
hospital class. | ||
(B) Each hospital shall be paid 1/3 of its | ||
quarterly outpatient directed payment in each of the 3 | ||
months of the Payout Quarter, in accordance with | ||
directions provided to each MCO by the Department. | ||
(3) Each MCO shall pay each hospital the Monthly | ||
Directed Payment as identified by the Department on its | ||
quarterly determination report. | ||
(4) Definitions. As used in this subsection: | ||
(A) "Payout Quarter" means each 3 month calendar | ||
quarter, beginning July 1, 2020. | ||
(B) "Determination Quarter" means each 3 month | ||
calendar quarter, which ends 3 months prior to the | ||
first day of each Payout Quarter. | ||
(5) For the period July 1, 2020 through December 2020, | ||
the following amounts shall be allocated to the following | ||
hospital class directed payment pools for the quarterly | ||
development of a uniform per unit add-on: | ||
(A) $2,894,500 for hospital inpatient services for | ||
critical access hospitals. | ||
(B) $4,294,374 for hospital outpatient services | ||
for critical access hospitals. | ||
(C) $29,109,330 for hospital inpatient services | ||
for safety-net hospitals. |
(D) $35,041,218 for hospital outpatient services | ||
for safety-net hospitals. | ||
(6) For the period January 1, 2023 through December | ||
31, 2023, the Department shall establish the amounts that | ||
shall be allocated to the hospital class directed payment | ||
fixed pools identified in this paragraph for the quarterly | ||
development of a uniform per unit add-on. The Department | ||
shall establish such amounts so that the total amount of | ||
payments to each hospital under this Section in calendar | ||
year 2023 is projected to be substantially similar to the | ||
total amount of such payments received by the hospital | ||
under this Section in calendar year 2021, adjusted for | ||
increased funding provided for fixed pool directed | ||
payments under subsection (g) in calendar year 2022, | ||
assuming that the volume and acuity of claims are held | ||
constant. The Department shall publish the directed | ||
payment fixed pool amounts to be established under this | ||
paragraph on its website by November 15, 2022. | ||
(A) Hospital inpatient services for critical | ||
access hospitals. | ||
(B) Hospital outpatient services for critical | ||
access hospitals. | ||
(C) Hospital inpatient services for public | ||
hospitals. | ||
(D) Hospital outpatient services for public | ||
hospitals. |
(E) Hospital inpatient services for safety-net | ||
hospitals. | ||
(F) Hospital outpatient services for safety-net | ||
hospitals. | ||
(7) Semi-annual rate maintenance review. The | ||
Department shall ensure that hospitals assigned to the | ||
fixed pools in paragraph (6) are paid no less than 95% of | ||
the annual initial rate for each 6-month period of each | ||
annual payout period. For each calendar year, the | ||
Department shall calculate the annual initial rate per day | ||
and per visit for each fixed pool hospital class listed in | ||
paragraph (6), by dividing the total of all applicable | ||
inpatient or outpatient directed payments issued in the | ||
preceding calendar year to the hospitals in each fixed | ||
pool class for the calendar year, plus any increase | ||
resulting from the annual adjustments described in | ||
subsection (i), by the actual applicable total service | ||
units for the preceding calendar year which were the basis | ||
of the total applicable inpatient or outpatient directed | ||
payments issued to the hospitals in each fixed pool class | ||
in the calendar year, except that for calendar year 2023, | ||
the service units from calendar year 2021 shall be used. | ||
(A) The Department shall calculate the effective | ||
rate, per day and per visit, for the payout periods of | ||
January to June and July to December of each year, for | ||
each fixed pool listed in paragraph (6), by dividing |
50% of the annual pool by the total applicable | ||
reported service units for the 2 applicable | ||
determination quarters. | ||
(B) If the effective rate calculated in | ||
subparagraph (A) is less than 95% of the annual | ||
initial rate assigned to the class for each pool under | ||
paragraph (6), the Department shall adjust the payment | ||
for each hospital to a level equal to no less than 95% | ||
of the annual initial rate, by issuing a retroactive | ||
adjustment payment for the 6-month period under review | ||
as identified in subparagraph (A). | ||
(h) Fixed rate directed payments. Effective July 1, 2020, | ||
the Department shall issue payments to MCOs which shall be | ||
used to issue directed payments to Illinois hospitals not | ||
identified in paragraph (g) on a monthly basis. Prior to the | ||
beginning of each Payout Quarter beginning July 1, 2020, the | ||
Department shall use encounter claims data from the | ||
Determination Quarter, accepted by the Department's Medicaid | ||
Management Information System for inpatient and outpatient | ||
services rendered by hospitals in each hospital class | ||
identified in paragraph (f) and not identified in paragraph | ||
(g). For the period July 1, 2020 through December 2020, the | ||
Department shall direct MCOs to make payments as follows: | ||
(1) For general acute care hospitals an amount equal | ||
to $1,750 multiplied by the hospital's category of service | ||
20 case mix index for the determination quarter multiplied |
by the hospital's total number of inpatient admissions for | ||
category of service 20 for the determination quarter. | ||
(2) For general acute care hospitals an amount equal | ||
to $160 multiplied by the hospital's category of service | ||
21 case mix index for the determination quarter multiplied | ||
by the hospital's total number of inpatient admissions for | ||
category of service 21 for the determination quarter. | ||
(3) For general acute care hospitals an amount equal | ||
to $80 multiplied by the hospital's category of service 22 | ||
case mix index for the determination quarter multiplied by | ||
the hospital's total number of inpatient admissions for | ||
category of service 22 for the determination quarter. | ||
(4) For general acute care hospitals an amount equal | ||
to $375 multiplied by the hospital's category of service | ||
24 case mix index for the determination quarter multiplied | ||
by the hospital's total number of category of service 24 | ||
paid EAPG (EAPGs) for the determination quarter. | ||
(5) For general acute care hospitals an amount equal | ||
to $240 multiplied by the hospital's category of service | ||
27 and 28 case mix index for the determination quarter | ||
multiplied by the hospital's total number of category of | ||
service 27 and 28 paid EAPGs for the determination | ||
quarter. | ||
(6) For general acute care hospitals an amount equal | ||
to $290 multiplied by the hospital's category of service | ||
29 case mix index for the determination quarter multiplied |
by the hospital's total number of category of service 29 | ||
paid EAPGs for the determination quarter. | ||
(7) For high Medicaid hospitals an amount equal to | ||
$1,800 multiplied by the hospital's category of service 20 | ||
case mix index for the determination quarter multiplied by | ||
the hospital's total number of inpatient admissions for | ||
category of service 20 for the determination quarter. | ||
(8) For high Medicaid hospitals an amount equal to | ||
$160 multiplied by the hospital's category of service 21 | ||
case mix index for the determination quarter multiplied by | ||
the hospital's total number of inpatient admissions for | ||
category of service 21 for the determination quarter. | ||
(9) For high Medicaid hospitals an amount equal to $80 | ||
multiplied by the hospital's category of service 22 case | ||
mix index for the determination quarter multiplied by the | ||
hospital's total number of inpatient admissions for | ||
category of service 22 for the determination quarter. | ||
(10) For high Medicaid hospitals an amount equal to | ||
$400 multiplied by the hospital's category of service 24 | ||
case mix index for the determination quarter multiplied by | ||
the hospital's total number of category of service 24 paid | ||
EAPG outpatient claims for the determination quarter. | ||
(11) For high Medicaid hospitals an amount equal to | ||
$240 multiplied by the hospital's category of service 27 | ||
and 28 case mix index for the determination quarter | ||
multiplied by the hospital's total number of category of |
service 27 and 28 paid EAPGs for the determination | ||
quarter. | ||
(12) For high Medicaid hospitals an amount equal to | ||
$290 multiplied by the hospital's category of service 29 | ||
case mix index for the determination quarter multiplied by | ||
the hospital's total number of category of service 29 paid | ||
EAPGs for the determination quarter. | ||
(13) For long term acute care hospitals the amount of | ||
$495 multiplied by the hospital's total number of | ||
inpatient days for the determination quarter. | ||
(14) For psychiatric hospitals the amount of $210 | ||
multiplied by the hospital's total number of inpatient | ||
days for category of service 21 for the determination | ||
quarter. | ||
(15) For psychiatric hospitals the amount of $250 | ||
multiplied by the hospital's total number of outpatient | ||
claims for category of service 27 and 28 for the | ||
determination quarter. | ||
(16) For rehabilitation hospitals the amount of $410 | ||
multiplied by the hospital's total number of inpatient | ||
days for category of service 22 for the determination | ||
quarter. | ||
(17) For rehabilitation hospitals the amount of $100 | ||
multiplied by the hospital's total number of outpatient | ||
claims for category of service 29 for the determination | ||
quarter. |
(18) Effective for the Payout Quarter beginning | ||
January 1, 2023, for the directed payments to hospitals | ||
required under this subsection, the Department shall | ||
establish the amounts that shall be used to calculate such | ||
directed payments using the methodologies specified in | ||
this paragraph. The Department shall use a single, uniform | ||
rate, adjusted for acuity as specified in paragraphs (1) | ||
through (12), for all categories of inpatient services | ||
provided by each class of hospitals and a single uniform | ||
rate, adjusted for acuity as specified in paragraphs (1) | ||
through (12), for all categories of outpatient services | ||
provided by each class of hospitals. The Department shall | ||
establish such amounts so that the total amount of | ||
payments to each hospital under this Section in calendar | ||
year 2023 is projected to be substantially similar to the | ||
total amount of such payments received by the hospital | ||
under this Section in calendar year 2021, adjusted for | ||
increased funding provided for fixed pool directed | ||
payments under subsection (g) in calendar year 2022, | ||
assuming that the volume and acuity of claims are held | ||
constant. The Department shall publish the directed | ||
payment amounts to be established under this subsection on | ||
its website by November 15, 2022. | ||
(19) Each hospital shall be paid 1/3 of their | ||
quarterly inpatient and outpatient directed payment in | ||
each of the 3 months of the Payout Quarter, in accordance |
with directions provided to each MCO by the Department. | ||
( 20 ) Each MCO shall pay each hospital the Monthly | ||
Directed Payment amount as identified by the Department on | ||
its quarterly determination report. | ||
Notwithstanding any other provision of this subsection, if | ||
the Department determines that the actual total hospital | ||
utilization data that is used to calculate the fixed rate | ||
directed payments is substantially different than anticipated | ||
when the rates in this subsection were initially determined | ||
for unforeseeable circumstances (such as the COVID-19 pandemic | ||
or some other public health emergency), the Department may | ||
adjust the rates specified in this subsection so that the | ||
total directed payments approximate the total spending amount | ||
anticipated when the rates were initially established. | ||
Definitions. As used in this subsection: | ||
(A) "Payout Quarter" means each calendar quarter, | ||
beginning July 1, 2020. | ||
(B) "Determination Quarter" means each calendar | ||
quarter which ends 3 months prior to the first day of | ||
each Payout Quarter. | ||
(C) "Case mix index" means a hospital specific | ||
calculation. For inpatient claims the case mix index | ||
is calculated each quarter by summing the relative | ||
weight of all inpatient Diagnosis-Related Group (DRG) | ||
claims for a category of service in the applicable | ||
Determination Quarter and dividing the sum by the |
number of sum total of all inpatient DRG admissions | ||
for the category of service for the associated claims. | ||
The case mix index for outpatient claims is calculated | ||
each quarter by summing the relative weight of all | ||
paid EAPGs in the applicable Determination Quarter and | ||
dividing the sum by the sum total of paid EAPGs for the | ||
associated claims. | ||
(i) Beginning January 1, 2021, the rates for directed | ||
payments shall be recalculated in order to spend the | ||
additional funds for directed payments that result from | ||
reduction in the amount of pass-through payments allowed under | ||
federal regulations. The additional funds for directed | ||
payments shall be allocated proportionally to each class of | ||
hospitals based on that class' proportion of services. | ||
(1) Beginning January 1, 2024, the fixed pool directed | ||
payment amounts and the associated annual initial rates | ||
referenced in paragraph (6) of subsection (f) for each | ||
hospital class shall be uniformly increased by a ratio of | ||
not less than, the ratio of the total pass-through | ||
reduction amount pursuant to paragraph (4) of subsection | ||
(j), for the hospitals comprising the hospital fixed pool | ||
directed payment class for the next calendar year, to the | ||
total inpatient and outpatient directed payments for the | ||
hospitals comprising the hospital fixed pool directed | ||
payment class paid during the preceding calendar year. | ||
(2) Beginning January 1, 2024, the fixed rates for the |
directed payments referenced in paragraph (18) of | ||
subsection (h) for each hospital class shall be uniformly | ||
increased by a ratio of not less than, the ratio of the | ||
total pass-through reduction amount pursuant to paragraph | ||
(4) of subsection (j), for the hospitals comprising the | ||
hospital directed payment class for the next calendar | ||
year, to the total inpatient and outpatient directed | ||
payments for the hospitals comprising the hospital fixed | ||
rate directed payment class paid during the preceding | ||
calendar year. | ||
(j) Pass-through payments. | ||
(1) For the period July 1, 2020 through December 31, | ||
2020, the Department shall assign quarterly pass-through | ||
payments to each class of hospitals equal to one-fourth of | ||
the following annual allocations: | ||
(A) $390,487,095 to safety-net hospitals. | ||
(B) $62,553,886 to critical access hospitals. | ||
(C) $345,021,438 to high Medicaid hospitals. | ||
(D) $551,429,071 to general acute care hospitals. | ||
(E) $27,283,870 to long term acute care hospitals. | ||
(F) $40,825,444 to freestanding psychiatric | ||
hospitals. | ||
(G) $9,652,108 to freestanding rehabilitation | ||
hospitals. | ||
(2) For the period of July 1, 2020 through December | ||
31, 2020, the pass-through payments shall at a minimum |
ensure hospitals receive a total amount of monthly | ||
payments under this Section as received in calendar year | ||
2019 in accordance with this Article and paragraph (1) of | ||
subsection (d-5) of Section 14-12, exclusive of amounts | ||
received through payments referenced in subsection (b). | ||
(3) For the calendar year beginning January 1, 2023, | ||
the Department shall establish the annual pass-through | ||
allocation to each class of hospitals and the pass-through | ||
payments to each hospital so that the total amount of | ||
payments to each hospital under this Section in calendar | ||
year 2023 is projected to be substantially similar to the | ||
total amount of such payments received by the hospital | ||
under this Section in calendar year 2021, adjusted for | ||
increased funding provided for fixed pool directed | ||
payments under subsection (g) in calendar year 2022, | ||
assuming that the volume and acuity of claims are held | ||
constant. The Department shall publish the pass-through | ||
allocation to each class and the pass-through payments to | ||
each hospital to be established under this subsection on | ||
its website by November 15, 2022. | ||
(4) For the calendar years beginning January 1, 2021 | ||
and January 1, 2022, each hospital's pass-through payment | ||
amount shall be reduced proportionally to the reduction of | ||
all pass-through payments required by federal regulations. | ||
Beginning January 1, 2024, the Department shall reduce | ||
total pass-through payments by the minimum amount |
necessary to comply with federal regulations. Pass-through | ||
payments to safety-net hospitals , as defined in Section | ||
5-5e.1 of this Code, shall not be reduced until all | ||
pass-through payments to other hospitals have been | ||
eliminated. All other hospitals shall have their | ||
pass-through payments reduced proportionally. | ||
(k) At least 30 days prior to each calendar year, the | ||
Department shall notify each hospital of changes to the | ||
payment methodologies in this Section, including, but not | ||
limited to, changes in the fixed rate directed payment rates, | ||
the aggregate pass-through payment amount for all hospitals, | ||
and the hospital's pass-through payment amount for the | ||
upcoming calendar year. | ||
(l) Notwithstanding any other provisions of this Section, | ||
the Department may adopt rules to change the methodology for | ||
directed and pass-through payments as set forth in this | ||
Section, but only to the extent necessary to obtain federal | ||
approval of a necessary State Plan amendment or Directed | ||
Payment Preprint or to otherwise conform to federal law or | ||
federal regulation. | ||
(m) As used in this subsection, "managed care | ||
organization" or "MCO" means an entity which contracts with | ||
the Department to provide services where payment for medical | ||
services is made on a capitated basis, excluding contracted | ||
entities for dual eligible or Department of Children and | ||
Family Services youth populations. |
(n) In order to address the escalating infant mortality | ||
rates among minority communities in Illinois, the State shall, | ||
subject to appropriation, create a pool of funding of at least | ||
$50,000,000 annually to be disbursed among safety-net | ||
hospitals that maintain perinatal designation from the | ||
Department of Public Health. The funding shall be used to | ||
preserve or enhance OB/GYN services or other specialty | ||
services at the receiving hospital, with the distribution of | ||
funding to be established by rule and with consideration to | ||
perinatal hospitals with safe birthing levels and quality | ||
metrics for healthy mothers and babies. | ||
(o) In order to address the growing challenges of | ||
providing stable access to healthcare in rural Illinois, | ||
including perinatal services, behavioral healthcare including | ||
substance use disorder services (SUDs) and other specialty | ||
services, and to expand access to telehealth services among | ||
rural communities in Illinois, the Department of Healthcare | ||
and Family Services shall administer a program to provide at | ||
least $10,000,000 in financial support annually to critical | ||
access hospitals for delivery of perinatal and OB/GYN | ||
services, behavioral healthcare including SUDS, other | ||
specialty services and telehealth services. The funding shall | ||
be used to preserve or enhance perinatal and OB/GYN services, | ||
behavioral healthcare including SUDS, other specialty | ||
services, as well as the explanation of telehealth services by | ||
the receiving hospital, with the distribution of funding to be |
established by rule. | ||
(p) For calendar year 2023, the final amounts, rates, and | ||
payments under subsections (c), (d-2), (g), (h), and (j) shall | ||
be established by the Department, so that the sum of the total | ||
estimated annual payments under subsections (c), (d-2), (g), | ||
(h), and (j) for each hospital class for calendar year 2023, is | ||
no less than: | ||
(1) $858,260,000 to safety-net hospitals. | ||
(2) $86,200,000 to critical access hospitals. | ||
(3) $1,765,000,000 to high Medicaid hospitals. | ||
(4) $673,860,000 to general acute care hospitals. | ||
(5) $48,330,000 to long term acute care hospitals. | ||
(6) $89,110,000 to freestanding psychiatric hospitals. | ||
(7) $24,300,000 to freestanding rehabilitation | ||
hospitals. | ||
(8) $32,570,000 to public hospitals. | ||
(q) Hospital Pandemic Recovery Stabilization Payments. The | ||
Department shall disburse a pool of $460,000,000 in stability | ||
payments to hospitals prior to April 1, 2023. The allocation | ||
of the pool shall be based on the hospital directed payment | ||
classes and directed payments issued, during Calendar Year | ||
2022 with added consideration to safety net hospitals, as | ||
defined in subdivision (f)(1)(B) of this Section, and critical | ||
access hospitals. | ||
(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; | ||
102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff. |
6-16-23; revised 9-21-23.) | ||
(305 ILCS 5/6-9) (from Ch. 23, par. 6-9) | ||
Sec. 6-9. (a)(1) A local governmental unit may provide | ||
assistance to households under its General Assistance program | ||
following a declaration by the President of the United States | ||
of a major disaster or emergency pursuant to the Federal | ||
Disaster Relief Act of 1974, as now or hereafter amended, if | ||
the local governmental unit is within the area designated | ||
under the declaration. A local governmental government unit | ||
may also provide assistance to households under its General | ||
Assistance program following a disaster proclamation issued by | ||
the Governor if the local governmental unit is within the area | ||
designated under the proclamation. Assistance under this | ||
Section may be provided to households which have suffered | ||
damage, loss , or hardships as a result of the major disaster or | ||
emergency. Assistance under this Section may be provided to | ||
households without regard to the eligibility requirements and | ||
other requirements of this Code. Assistance under this Section | ||
may be provided only during the 90-day period following the | ||
date of declaration of a major disaster or emergency. | ||
(2) A local governmental unit shall not use State funds to | ||
provide assistance under this Section. If a local governmental | ||
unit receives State funds to provide General Assistance under | ||
this Article, assistance provided by the local governmental | ||
unit under this Section shall not be considered in determining |
whether a local governmental unit has qualified to receive | ||
State funds under Article XII. A local governmental unit which | ||
provides assistance under this Section shall not, as a result | ||
of payment of such assistance, change the nature or amount of | ||
assistance provided to any other individual or family under | ||
this Article. | ||
(3) This Section shall not apply to any municipality of | ||
more than 500,000 population in which a separate program has | ||
been established by the Illinois Department under Section 6-1. | ||
(b)(1) A local governmental unit may provide assistance to | ||
households for food and temporary shelter. To qualify for | ||
assistance a household shall submit to the local governmental | ||
unit: (A) such application as the local governmental unit may | ||
require; (B) a copy of an application to the Federal Emergency | ||
Management Agency (hereinafter "FEMA") or the Small Business | ||
Administration (hereinafter "SBA") for assistance; (C) such | ||
other proof of damage, loss , or hardship as the local | ||
governmental unit may require; and (D) an agreement to | ||
reimburse the local governmental unit for the amount of any | ||
assistance received by the household under this subsection | ||
(b). | ||
(2) Assistance under this subsection (b) may be in the | ||
form of cash or vouchers. The amount of assistance provided to | ||
a household in any month under this subsection (b) shall not | ||
exceed the maximum amount payable under Section 6-2. | ||
(3) No assistance shall be provided to a household after |
it receives a determination of its application to FEMA or SBA | ||
for assistance. | ||
(4) A household which has received assistance under this | ||
subsection (b) shall reimburse the local governmental unit in | ||
full for any assistance received under this subsection. If the | ||
household receives assistance from FEMA or SBA in the form of | ||
loans or grants, the household shall reimburse the local | ||
governmental unit from those funds. If the household's request | ||
for assistance is denied or rejected by the FEMA or SBA, the | ||
household shall repay the local governmental unit in | ||
accordance with a repayment schedule prescribed by the local | ||
governmental unit. | ||
(c)(1) A local governmental unit may provide assistance to | ||
households for structural repairs to homes or for repair or | ||
replacement of home electrical or heating systems, bedding , | ||
and food refrigeration equipment. To qualify for assistance a | ||
household shall submit to the local governmental unit: (A) | ||
such application as the local governmental unit may require; | ||
(B) a copy of claim to an insurance company for reimbursement | ||
for the damage or loss for which assistance is sought; (C) such | ||
other proof of damage, loss , or hardship as the local | ||
governmental unit may require; and (D) an agreement to | ||
reimburse the local governmental unit for the amount of any | ||
assistance received by the household under this subsection | ||
(c). | ||
(2) Any assistance provided under this subsection (c) |
shall be in the form of direct payments to vendors, and shall | ||
not be made directly to a household. The total amount of | ||
assistance provided to a household under this subsection (c) | ||
shall not exceed $1,500. | ||
(3) No assistance shall be provided to a household after | ||
it receives a determination of its insurance claims. | ||
(4) A household which has received assistance under this | ||
subsection (c) shall reimburse the local governmental unit in | ||
full for any assistance received under this subsection. If the | ||
household's insurance claim is approved, the household shall | ||
reimburse the local governmental unit from the proceeds. If | ||
the household's insurance claim is denied, the household shall | ||
repay the local governmental unit in accordance with a | ||
repayment schedule prescribed by the local governmental unit. | ||
(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.) | ||
(305 ILCS 5/6-12) (from Ch. 23, par. 6-12) | ||
Sec. 6-12. General Assistance not funded by State. General | ||
Assistance programs in local governments that do not receive | ||
State funds shall continue to be governed by Sections 6-1 | ||
through 6-10, as applicable, as well as other relevant parts | ||
of this Code and other laws. However, notwithstanding any | ||
other provision of this Code, any unit of local government | ||
that does not receive State funds may implement a General | ||
Assistance program that complies with Sections Section 6-11 | ||
and 6-11a. So long as the program complies with either Section |
6-11 or 6-12, the program shall not be deemed out of compliance | ||
with or in violation of this Code. | ||
(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.) | ||
(305 ILCS 5/12-4.57) | ||
Sec. 12-4.57. Prospective Payment System rates; increase | ||
for federally qualified health centers. Beginning January 1, | ||
2024, subject to federal approval, the Department of | ||
Healthcare and Family Services shall increase the Prospective | ||
Payment System rates for federally qualified health centers to | ||
a level calculated to spend an additional $50,000,000 in the | ||
first year of application using an alternative payment method | ||
acceptable to the Centers for Medicare and Medicaid Services | ||
and a trade association representing a majority of federally | ||
qualified health centers operating in Illinois, including a | ||
rate increase that is an equal percentage increase to the | ||
rates paid to each federally qualified health center. | ||
(Source: P.A. 103-102, eff. 1-1-24.) | ||
(305 ILCS 5/12-4.58) | ||
Sec. 12-4.58 12-4.57 . Stolen SNAP benefits via card | ||
skimming; data collection and reports. | ||
(a) As the State administrator of benefits provided under | ||
the federally funded Supplemental Nutrition Assistance Program | ||
(SNAP), the Department of Human Services shall track and | ||
collect data on the scope and frequency of SNAP benefits fraud |
in this State where a SNAP recipient's benefits are stolen | ||
from the recipient's electronic benefits transfer card by | ||
means of card skimming, card cloning, or some other similar | ||
fraudulent method. The Department shall specifically keep a | ||
record of every report made to the Department by a SNAP | ||
recipient alleging the theft of benefits due to no fault of the | ||
recipient, the benefit amount stolen, and, if practicable, how | ||
those stolen benefits were used and the location of those | ||
thefts. | ||
(b) The Department shall report its findings to the | ||
General Assembly on an annual basis beginning on January 1, | ||
2024. The Department shall file an annual report no later than | ||
the 60th day of the following year following each reporting | ||
period. A SNAP recipient's personally identifiable information | ||
shall be excluded from the reports consistent with State and | ||
federal privacy protections. Each annual report shall also be | ||
posted on the Department's official website. | ||
(c) If the Department determines that a SNAP recipient has | ||
made a substantiated report of stolen benefits due to card | ||
skimming, card cloning, or some other similar fraudulent | ||
method, the Department shall refer the matter to the State's | ||
Attorney who has jurisdiction over the alleged theft or fraud | ||
and shall provide any assistance to that State's Attorney in | ||
the prosecution of the alleged theft or fraud. | ||
(Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.) |
Section 450. The Abandoned Newborn Infant Protection Act | ||
is amended by changing Sections 10, 30, and 35 as follows: | ||
(325 ILCS 2/10) | ||
Sec. 10. Definitions. In this Act: | ||
"Abandon" has the same meaning as in the Abused and | ||
Neglected Child Reporting Act. | ||
"Abused child" has the same meaning as in the Abused and | ||
Neglected Child Reporting Act. | ||
"Child welfare agency" means an Illinois licensed public | ||
or private agency that receives a child for the purpose of | ||
placing or arranging for the placement of the child in a foster | ||
or pre-adoptive family home or other facility for child care, | ||
apart from the custody of the child's parents. | ||
"Department" or "DCFS" means the Illinois Department of | ||
Children and Family Services. | ||
"Emergency medical facility" means a freestanding | ||
emergency center or trauma center, as defined in the Emergency | ||
Medical Services (EMS) Systems Act. | ||
"Emergency medical professional" includes licensed | ||
physicians, and any emergency medical technician, emergency | ||
medical technician-intermediate, advanced emergency medical | ||
technician, paramedic, trauma nurse specialist, and | ||
pre-hospital registered nurse, as defined in the Emergency | ||
Medical Services (EMS) Systems Act. | ||
"Fire station" means a fire station within the State with |
at least one staff person. | ||
"Hospital" has the same meaning as in the Hospital | ||
Licensing Act. | ||
"Legal custody" means the relationship created by a court | ||
order in the best interest of a newborn infant that imposes on | ||
the infant's custodian the responsibility of physical | ||
possession of the infant, the duty to protect, train, and | ||
discipline the infant, and the duty to provide the infant with | ||
food, shelter, education, and medical care, except as these | ||
are limited by parental rights and responsibilities. | ||
"Neglected child" has the same meaning as in the Abused | ||
and Neglected Child Reporting Act. | ||
"Newborn infant" means a child who a licensed physician | ||
reasonably believes is 30 days old or less at the time the | ||
child is initially relinquished to a hospital, police station, | ||
fire station, or emergency medical facility, and who is not an | ||
abused or a neglected child. | ||
"Parent" or "biological parent" or "birth parent" means a | ||
person who has established maternity or paternity of the | ||
newborn infant through genetic testing. | ||
"Police station" means a municipal police station, a | ||
county sheriff's office, a campus police department located on | ||
any college or university owned or controlled by the State or | ||
any private college or private university that is not owned or | ||
controlled by the State when employees of the campus police | ||
department are present, or any of the district headquarters of |
the Illinois State Police. | ||
"Relinquish" means to bring a newborn infant, who a | ||
licensed physician reasonably believes is 30 days old or less, | ||
to a hospital, police station, fire station, or emergency | ||
medical facility and to leave the infant with personnel of the | ||
facility, if the person leaving the infant does not express an | ||
intent to return for the infant or states that the person will | ||
not return for the infant. In the case of a person who gives | ||
birth to an infant in a hospital, the person's act of leaving | ||
that newborn infant at the hospital (i) without expressing an | ||
intent to return for the infant or (ii) stating that the person | ||
will not return for the infant is not a "relinquishment" under | ||
this Act. | ||
"Temporary protective custody" means the temporary | ||
placement of a newborn infant within a hospital or other | ||
medical facility out of the custody of the infant's parent. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; | ||
revised 9-14-23.) | ||
(325 ILCS 2/30) | ||
Sec. 30. Anonymity of relinquishing person. If there is | ||
no evidence of abuse or neglect of a relinquished newborn | ||
infant, the relinquishing person has the right to remain | ||
anonymous and to leave the hospital, police station, fire | ||
station, or emergency medical facility at any time and not be | ||
pursued or followed. Before the relinquishing person leaves |
the hospital, police station, fire station, or emergency | ||
medical facility, the hospital, police station, fire station, | ||
or emergency medical facility personnel shall (i) verbally | ||
inform the relinquishing person that by relinquishing the | ||
child anonymously, the relinquishing person will have to | ||
petition the court if the relinquishing person desires to | ||
prevent the termination of parental rights and regain custody | ||
of the child and (ii) shall offer the relinquishing person the | ||
information packet described in Section 35 of this Act. | ||
However, nothing in this Act shall be construed as precluding | ||
the relinquishing person from providing the relinquishing | ||
person's identity or completing the application forms for the | ||
Illinois Adoption Registry and Medical Information Exchange | ||
and requesting that the hospital, police station, fire | ||
station, or emergency medical facility forward those forms to | ||
the Illinois Adoption Registry and Medical Information | ||
Exchange. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.) | ||
(325 ILCS 2/35) | ||
Sec. 35. Information for relinquishing person. | ||
(a) The hospital, police station, fire station, or | ||
emergency medical facility that receives a newborn infant | ||
relinquished in accordance with this Act shall offer to the | ||
relinquishing person information about the relinquishment | ||
process and, either in writing or by referring such person to a |
website or other electronic resource, such information shall | ||
state that the relinquishing person's acceptance of the | ||
information is completely voluntary. The information packet | ||
must include all of the following: | ||
(1) (Blank). | ||
(2) Written notice of the following: | ||
(A) No sooner than 60 days following the date of | ||
the initial relinquishment of the infant to a | ||
hospital, police station, fire station, or emergency | ||
medical facility, the child welfare agency or the | ||
Department will commence proceedings for the | ||
termination of parental rights and placement of the | ||
infant for adoption. | ||
(B) Failure of a parent of the infant to contact | ||
the Department and petition for the return of custody | ||
of the infant before termination of parental rights | ||
bars any future action asserting legal rights with | ||
respect to the infant. | ||
(3) A resource list of providers of counseling | ||
services including grief counseling, pregnancy counseling, | ||
and counseling regarding adoption and other available | ||
options for placement of the infant. | ||
Upon request of a parent, the Department of Public Health | ||
shall provide the application forms for the Illinois Adoption | ||
Registry and Medical Information Exchange. | ||
(b) The information offered to a relinquishing person in |
accordance with this Act shall include, in addition to other | ||
information required under this Act, the following: | ||
(1) Information that describes this Act and the rights | ||
of birth parents, including an option for the parent to | ||
complete and mail to the Department of Children and Family | ||
Services a form that shall ask for basic anonymous | ||
background information about the relinquished child. This | ||
form shall be maintained by the Department on its website. | ||
(2) Information about the Illinois Adoption Registry, | ||
including a toll-free number and website information. | ||
(3) Information about a mother's postpartum health. | ||
The information provided in writing or through electronic | ||
means shall be designed in coordination between the Office of | ||
Vital Records and the Department of Children and Family | ||
Services. The Failure to provide such information under this | ||
Section or the failure of the relinquishing person to accept | ||
such information shall not invalidate the relinquishment under | ||
this Act. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24; | ||
revised 9-15-23.) | ||
Section 455. The Abused and Neglected Child Reporting Act | ||
is amended by changing Sections 4.5 and 7.4 as follows: | ||
(325 ILCS 5/4.5) | ||
Sec. 4.5. Electronic and information technology workers; |
reporting child pornography. | ||
(a) In this Section: | ||
"Child pornography" means child pornography as described | ||
in Section 11-20.1 of the Criminal Code of 2012. | ||
"Electronic and information technology equipment" means | ||
equipment used in the creation, manipulation, storage, | ||
display, or transmission of data, including internet and | ||
intranet systems, software applications, operating systems, | ||
video and multimedia, telecommunications products, kiosks, | ||
information transaction machines, copiers, printers, and | ||
desktop and portable computers. | ||
"Electronic and information technology equipment worker" | ||
means a person who in the scope and course of the person's | ||
employment or business installs, repairs, or otherwise | ||
services electronic and information technology equipment for a | ||
fee but does not include (i) an employee, independent | ||
contractor, or other agent of a telecommunications carrier or | ||
telephone or telecommunications cooperative, as those terms | ||
are defined in the Public Utilities Act, or (ii) an employee, | ||
independent contractor, or other agent of a provider of | ||
commercial mobile radio service, as defined in 47 CFR C.F.R. | ||
20.3. | ||
(b) If an electronic and information technology equipment | ||
worker discovers any depiction of child pornography while | ||
installing, repairing, or otherwise servicing an item of | ||
electronic and information technology equipment, that worker |
or the worker's employer shall immediately report the | ||
discovery to the local law enforcement agency or to the Cyber | ||
Tipline at the National Center for Missing and Exploited | ||
Children. | ||
(c) If a report is filed in accordance with the | ||
requirements of 42 U.S.C. 13032, the requirements of this | ||
Section 4.5 will be deemed to have been met. | ||
(d) An electronic and information technology equipment | ||
worker or electronic and information technology equipment | ||
worker's employer who reports a discovery of child pornography | ||
as required under this Section is immune from any criminal, | ||
civil, or administrative liability in connection with making | ||
the report, except for willful or wanton misconduct. | ||
(e) Failure to report a discovery of child pornography as | ||
required under this Section is a business offense subject to a | ||
fine of $1,001. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.) | ||
(325 ILCS 5/7.4) | ||
Sec. 7.4. (a) The Department shall be capable of receiving | ||
reports of suspected child abuse or neglect 24 hours a day, 7 | ||
days a week. Whenever the Department receives a report | ||
alleging that a child is a truant as defined in Section 26-2a | ||
of the School Code, as now or hereafter amended, the | ||
Department shall notify the superintendent of the school | ||
district in which the child resides and the appropriate |
superintendent of the educational service region. The | ||
notification to the appropriate officials by the Department | ||
shall not be considered an allegation of abuse or neglect | ||
under this Act. | ||
(a-5) The Department of Children and Family Services may | ||
implement a "differential response program" in accordance with | ||
criteria, standards, and procedures prescribed by rule. The | ||
program may provide that, upon receiving a report, the | ||
Department shall determine whether to conduct a family | ||
assessment or an investigation as appropriate to prevent or | ||
provide a remedy for child abuse or neglect. | ||
For purposes of this subsection (a-5), "family assessment" | ||
means a comprehensive assessment of child safety, risk of | ||
subsequent child maltreatment, and family strengths and needs | ||
that is applied to a child maltreatment report that does not | ||
allege substantial child endangerment. "Family assessment" | ||
does not include a determination as to whether child | ||
maltreatment occurred but does determine the need for services | ||
to address the safety of family members and the risk of | ||
subsequent maltreatment. | ||
For purposes of this subsection (a-5), "investigation" | ||
means fact-gathering related to the current safety of a child | ||
and the risk of subsequent abuse or neglect that determines | ||
whether a report of suspected child abuse or neglect should be | ||
indicated or unfounded and whether child protective services | ||
are needed. |
Under the "differential response program" implemented | ||
under this subsection (a-5), the Department: | ||
(1) Shall conduct an investigation on reports | ||
involving substantial child abuse or neglect. | ||
(2) Shall begin an immediate investigation if, at any | ||
time when it is using a family assessment response, it | ||
determines that there is reason to believe that | ||
substantial child abuse or neglect or a serious threat to | ||
the child's safety exists. | ||
(3) May conduct a family assessment for reports that | ||
do not allege substantial child endangerment. In | ||
determining that a family assessment is appropriate, the | ||
Department may consider issues, including, but not limited | ||
to, child safety, parental cooperation, and the need for | ||
an immediate response. | ||
(4) Shall promulgate criteria, standards, and | ||
procedures that shall be applied in making this | ||
determination, taking into consideration the Safety-Based | ||
Child Welfare Intervention System of the Department. | ||
(5) May conduct a family assessment on a report that | ||
was initially screened and assigned for an investigation. | ||
In determining that a complete investigation is not | ||
required, the Department must document the reason for | ||
terminating the investigation and notify the local law | ||
enforcement agency or the Illinois State Police if the local | ||
law enforcement agency or Illinois State Police is conducting |
a joint investigation. | ||
Once it is determined that a "family assessment" will be | ||
implemented, the case shall not be reported to the central | ||
register of abuse and neglect reports. | ||
During a family assessment, the Department shall collect | ||
any available and relevant information to determine child | ||
safety, risk of subsequent abuse or neglect, and family | ||
strengths. | ||
Information collected includes, but is not limited to, | ||
when relevant: information with regard to the person reporting | ||
the alleged abuse or neglect, including the nature of the | ||
reporter's relationship to the child and to the alleged | ||
offender, and the basis of the reporter's knowledge for the | ||
report; the child allegedly being abused or neglected; the | ||
alleged offender; the child's caretaker; and other collateral | ||
sources having relevant information related to the alleged | ||
abuse or neglect. Information relevant to the assessment must | ||
be asked for, and may include: | ||
(A) The child's sex and age, prior reports of abuse or | ||
neglect, information relating to developmental | ||
functioning, credibility of the child's statement, and | ||
whether the information provided under this paragraph (A) | ||
is consistent with other information collected during the | ||
course of the assessment or investigation. | ||
(B) The alleged offender's age, a record check for | ||
prior reports of abuse or neglect, and criminal charges |
and convictions. The alleged offender may submit | ||
supporting documentation relevant to the assessment. | ||
(C) Collateral source information regarding the | ||
alleged abuse or neglect and care of the child. Collateral | ||
information includes, when relevant: (i) a medical | ||
examination of the child; (ii) prior medical records | ||
relating to the alleged maltreatment or care of the child | ||
maintained by any facility, clinic, or health care | ||
professional, and an interview with the treating | ||
professionals; and (iii) interviews with the child's | ||
caretakers, including the child's parent, guardian, foster | ||
parent, child care provider, teachers, counselors, family | ||
members, relatives, and other persons who may have | ||
knowledge regarding the alleged maltreatment and the care | ||
of the child. | ||
(D) Information on the existence of domestic abuse and | ||
violence in the home of the child, and substance abuse. | ||
Nothing in this subsection (a-5) precludes the Department | ||
from collecting other relevant information necessary to | ||
conduct the assessment or investigation. Nothing in this | ||
subsection (a-5) shall be construed to allow the name or | ||
identity of a reporter to be disclosed in violation of the | ||
protections afforded under Section 7.19 of this Act. | ||
After conducting the family assessment, the Department | ||
shall determine whether services are needed to address the | ||
safety of the child and other family members and the risk of |
subsequent abuse or neglect. | ||
Upon completion of the family assessment, if the | ||
Department concludes that no services shall be offered, then | ||
the case shall be closed. If the Department concludes that | ||
services shall be offered, the Department shall develop a | ||
family preservation plan and offer or refer services to the | ||
family. | ||
At any time during a family assessment, if the Department | ||
believes there is any reason to stop the assessment and | ||
conduct an investigation based on the information discovered, | ||
the Department shall do so. | ||
The procedures available to the Department in conducting | ||
investigations under this Act shall be followed as appropriate | ||
during a family assessment. | ||
If the Department implements a differential response | ||
program authorized under this subsection (a-5), the Department | ||
shall arrange for an independent evaluation of the program for | ||
at least the first 3 years of implementation to determine | ||
whether it is meeting the goals in accordance with Section 2 of | ||
this Act. | ||
The Department may adopt administrative rules necessary | ||
for the execution of this Section, in accordance with Section | ||
4 of the Children and Family Services Act. | ||
The Department shall submit a report to the General | ||
Assembly by January 15, 2018 on the implementation progress | ||
and recommendations for additional needed legislative changes. |
(b)(1) The following procedures shall be followed in the | ||
investigation of all reports of suspected abuse or neglect of | ||
a child, except as provided in subsection (c) of this Section. | ||
(2) If, during a family assessment authorized by | ||
subsection (a-5) or an investigation, it appears that the | ||
immediate safety or well-being of a child is endangered, that | ||
the family may flee or the child disappear, or that the facts | ||
otherwise so warrant, the Child Protective Service Unit shall | ||
commence an investigation immediately, regardless of the time | ||
of day or night. All other investigations shall be commenced | ||
within 24 hours of receipt of the report. Upon receipt of a | ||
report, the Child Protective Service Unit shall conduct a | ||
family assessment authorized by subsection (a-5) or begin an | ||
initial investigation and make an initial determination | ||
whether the report is a good faith indication of alleged child | ||
abuse or neglect. | ||
(3) Based on an initial investigation, if the Unit | ||
determines the report is a good faith indication of alleged | ||
child abuse or neglect, then a formal investigation shall | ||
commence and, pursuant to Section 7.12 of this Act, may or may | ||
not result in an indicated report. The formal investigation | ||
shall include: direct contact with the subject or subjects of | ||
the report as soon as possible after the report is received; an | ||
evaluation of the environment of the child named in the report | ||
and any other children in the same environment; a | ||
determination of the risk to such children if they continue to |
remain in the existing environments, as well as a | ||
determination of the nature, extent and cause of any condition | ||
enumerated in such report; the name, age and condition of | ||
other children in the environment; and an evaluation as to | ||
whether there would be an immediate and urgent necessity to | ||
remove the child from the environment if appropriate family | ||
preservation services were provided. After seeing to the | ||
safety of the child or children, the Department shall | ||
forthwith notify the subjects of the report in writing, of the | ||
existence of the report and their rights existing under this | ||
Act in regard to amendment or expungement. To fulfill the | ||
requirements of this Section, the Child Protective Service | ||
Unit shall have the capability of providing or arranging for | ||
comprehensive emergency services to children and families at | ||
all times of the day or night. | ||
(4) If (i) at the conclusion of the Unit's initial | ||
investigation of a report, the Unit determines the report to | ||
be a good faith indication of alleged child abuse or neglect | ||
that warrants a formal investigation by the Unit, the | ||
Department, any law enforcement agency or any other | ||
responsible agency and (ii) the person who is alleged to have | ||
caused the abuse or neglect is employed or otherwise engaged | ||
in an activity resulting in frequent contact with children and | ||
the alleged abuse or neglect are in the course of such | ||
employment or activity, then the Department shall, except in | ||
investigations where the Director determines that such |
notification would be detrimental to the Department's | ||
investigation, inform the appropriate supervisor or | ||
administrator of that employment or activity that the Unit has | ||
commenced a formal investigation pursuant to this Act, which | ||
may or may not result in an indicated report. The Department | ||
shall also notify the person being investigated, unless the | ||
Director determines that such notification would be | ||
detrimental to the Department's investigation. | ||
(c) In an investigation of a report of suspected abuse or | ||
neglect of a child by a school employee at a school or on | ||
school grounds, the Department shall make reasonable efforts | ||
to follow the following procedures: | ||
(1) Investigations involving teachers shall not, to | ||
the extent possible, be conducted when the teacher is | ||
scheduled to conduct classes. Investigations involving | ||
other school employees shall be conducted so as to | ||
minimize disruption of the school day. The school employee | ||
accused of child abuse or neglect may have the school | ||
employee's superior, the school employee's association or | ||
union representative , and the school employee's attorney | ||
present at any interview or meeting at which the teacher | ||
or administrator is present. The accused school employee | ||
shall be informed by a representative of the Department, | ||
at any interview or meeting, of the accused school | ||
employee's due process rights and of the steps in the | ||
investigation process. These due process rights shall also |
include the right of the school employee to present | ||
countervailing evidence regarding the accusations. In an | ||
investigation in which the alleged perpetrator of abuse or | ||
neglect is a school employee, including, but not limited | ||
to, a school teacher or administrator, and the | ||
recommendation is to determine the report to be indicated, | ||
in addition to other procedures as set forth and defined | ||
in Department rules and procedures, the employee's due | ||
process rights shall also include: (i) the right to a copy | ||
of the investigation summary; (ii) the right to review the | ||
specific allegations which gave rise to the investigation; | ||
and (iii) the right to an administrator's teleconference | ||
which shall be convened to provide the school employee | ||
with the opportunity to present documentary evidence or | ||
other information that supports the school employee's | ||
position and to provide information before a final finding | ||
is entered. | ||
(2) If a report of neglect or abuse of a child by a | ||
teacher or administrator does not involve allegations of | ||
sexual abuse or extreme physical abuse, the Child | ||
Protective Service Unit shall make reasonable efforts to | ||
conduct the initial investigation in coordination with the | ||
employee's supervisor. | ||
If the Unit determines that the report is a good faith | ||
indication of potential child abuse or neglect, it shall | ||
then commence a formal investigation under paragraph (3) |
of subsection (b) of this Section. | ||
(3) If a report of neglect or abuse of a child by a | ||
teacher or administrator involves an allegation of sexual | ||
abuse or extreme physical abuse, the Child Protective Unit | ||
shall commence an investigation under paragraph (2) of | ||
subsection (b) of this Section. | ||
(c-5) In any instance in which a report is made or caused | ||
to made by a school district employee involving the conduct of | ||
a person employed by the school district, at the time the | ||
report was made, as required under Section 4 of this Act, the | ||
Child Protective Service Unit shall send a copy of its final | ||
finding report to the general superintendent of that school | ||
district. | ||
(c-10) The Department may recommend that a school district | ||
remove a school employee who is the subject of an | ||
investigation from the school employee's employment position | ||
pending the outcome of the investigation; however, all | ||
employment decisions regarding school personnel shall be the | ||
sole responsibility of the school district or employer. The | ||
Department may not require a school district to remove a | ||
school employee from the school employee's employment position | ||
or limit the school employee's duties pending the outcome of | ||
an investigation. | ||
(d) If the Department has contact with an employer, or | ||
with a religious institution or religious official having | ||
supervisory or hierarchical authority over a member of the |
clergy accused of the abuse of a child, in the course of its | ||
investigation, the Department shall notify the employer or the | ||
religious institution or religious official, in writing, when | ||
a report is unfounded so that any record of the investigation | ||
can be expunged from the employee's or member of the clergy's | ||
personnel or other records. The Department shall also notify | ||
the employee or the member of the clergy, in writing, that | ||
notification has been sent to the employer or to the | ||
appropriate religious institution or religious official | ||
informing the employer or religious institution or religious | ||
official that the Department's investigation has resulted in | ||
an unfounded report. | ||
(d-1) Whenever a report alleges that a child was abused or | ||
neglected while receiving care in a hospital, including a | ||
freestanding psychiatric hospital licensed by the Department | ||
of Public Health, the Department shall send a copy of its final | ||
finding to the Director of Public Health and the Director of | ||
Healthcare and Family Services. | ||
(e) Upon request by the Department, the Illinois State | ||
Police and law enforcement agencies are authorized to provide | ||
criminal history record information as defined in the Illinois | ||
Uniform Conviction Information Act and information maintained | ||
in the adjudicatory and dispositional record system as defined | ||
in Section 2605-355 of the Illinois State Police Law to | ||
properly designated employees of the Department of Children | ||
and Family Services if the Department determines the |
information is necessary to perform its duties under the | ||
Abused and Neglected Child Reporting Act, the Child Care Act | ||
of 1969, and the Children and Family Services Act. The request | ||
shall be in the form and manner required by the Illinois State | ||
Police. Any information obtained by the Department of Children | ||
and Family Services under this Section is confidential and may | ||
not be transmitted outside the Department of Children and | ||
Family Services other than to a court of competent | ||
jurisdiction or unless otherwise authorized by law. Any | ||
employee of the Department of Children and Family Services who | ||
transmits confidential information in violation of this | ||
Section or causes the information to be transmitted in | ||
violation of this Section is guilty of a Class A misdemeanor | ||
unless the transmittal of the information is authorized by | ||
this Section or otherwise authorized by law. | ||
(f) For purposes of this Section, "child abuse or neglect" | ||
includes abuse or neglect of an adult resident as defined in | ||
this Act. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||
103-460, eff. 1-1-24; revised 9-15-23.) | ||
Section 460. The Intergovernmental Missing Child Recovery | ||
Act of 1984 is amended by changing Section 6 as follows: | ||
(325 ILCS 40/6) (from Ch. 23, par. 2256) | ||
Sec. 6. The Illinois State Police shall: |
(a) Utilize the statewide Law Enforcement Agencies | ||
Data System (LEADS) for the purpose of effecting an | ||
immediate law enforcement response to reports of missing | ||
children. The Illinois State Police shall implement an | ||
automated data exchange system to compile, to maintain , | ||
and to make available for dissemination to Illinois and | ||
out-of-State law enforcement agencies , data which can | ||
assist appropriate agencies in recovering missing | ||
children. | ||
(b) Establish contacts and exchange information | ||
regarding lost, missing , or runaway children with | ||
nationally recognized "missing person and runaway" service | ||
organizations and monitor national research and publicize | ||
important developments. | ||
(c) Provide a uniform reporting format for the entry | ||
of pertinent information regarding reports of missing | ||
children into LEADS. | ||
(d) Develop and implement a policy whereby a statewide | ||
or regional alert would be used in situations relating to | ||
the disappearances of children, based on criteria and in a | ||
format established by the Illinois State Police. Such a | ||
format shall include, but not be limited to, the age and | ||
physical description of the missing child and the | ||
suspected circumstances of the disappearance. | ||
(e) Notify all law enforcement agencies that reports | ||
of missing persons shall be entered as soon as the minimum |
level of data specified by the Illinois State Police is | ||
available to the reporting agency and that no waiting | ||
period for entry of such data exists. | ||
(f) Provide a procedure for prompt confirmation of the | ||
receipt and entry of the missing child report into LEADS | ||
to the parent or guardian of the missing child. | ||
(g) Compile and retain information regarding missing | ||
children in a separate data file, in a manner that allows | ||
such information to be used by law enforcement and other | ||
agencies deemed appropriate by the Director, for | ||
investigative purposes. Such files shall be updated to | ||
reflect and include information relating to the | ||
disposition of the case. | ||
(h) Compile and maintain a an historic data repository | ||
relating to missing children in order (1) to develop and | ||
improve techniques utilized by law enforcement agencies | ||
when responding to reports of missing children and (2) to | ||
provide a factual and statistical base for research that | ||
would address the problem of missing children. | ||
(i) Create a quality control program to assess the | ||
timeliness of entries of missing children reports into | ||
LEADS and conduct performance audits of all entering | ||
agencies. | ||
(j) Prepare a periodic information bulletin concerning | ||
missing children who it determines may be present in this | ||
State, compiling such bulletin from information contained |
in both the National Crime Information Center computer and | ||
from reports, alerts , and other information entered into | ||
LEADS or otherwise compiled and retained by the Illinois | ||
State Police pursuant to this Act. The bulletin shall | ||
indicate the name, age, physical description, suspected | ||
circumstances of disappearance if that information is | ||
available, a photograph if one is available, the name of | ||
the law enforcement agency investigating the case, and | ||
such other information as the Director considers | ||
appropriate concerning each missing child who the Illinois | ||
State Police determines may be present in this State. The | ||
Illinois State Police shall send a copy of each periodic | ||
information bulletin to the State Board of Education for | ||
its use in accordance with Section 2-3.48 of the School | ||
Code. The Illinois State Police shall provide a copy of | ||
the bulletin, upon request, to law enforcement agencies of | ||
this or any other state or of the federal government, and | ||
may provide a copy of the bulletin, upon request, to other | ||
persons or entities, if deemed appropriate by the | ||
Director, and may establish limitations on its use and a | ||
reasonable fee for so providing the same, except that no | ||
fee shall be charged for providing the periodic | ||
information bulletin to the State Board of Education, | ||
appropriate units of local government, State agencies, or | ||
law enforcement agencies of this or any other state or of | ||
the federal government. |
(k) Provide for the entry into LEADS of the names and | ||
addresses of sex offenders as defined in the Sex Offender | ||
Registration Act who are required to register under that | ||
Act. The information shall be immediately accessible to | ||
law enforcement agencies and peace officers of this State | ||
or any other state or of the federal government. Similar | ||
information may be requested from any other state or of | ||
the federal government for purposes of this Act. | ||
(l) Provide for the entry into LEADS of the names and | ||
addresses of violent offenders against youth as defined in | ||
the Murderer and Violent Offender Against Youth | ||
Registration Act who are required to register under that | ||
Act. The information shall be immediately accessible to | ||
law enforcement agencies and peace officers of this State | ||
or any other state or of the federal government. Similar | ||
information may be requested from any other state or of | ||
the federal government for purposes of this Act. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||
revised 1-2-24.) | ||
Section 465. The Smart Start Illinois Act is amended by | ||
changing Section 95-10 as follows: | ||
(325 ILCS 85/95-10) | ||
Sec. 95-10. Smart Start Child Care Workforce Compensation | ||
Program. |
(a) The Department of Human Services shall create and | ||
establish the Smart Start Child Care Workforce Compensation | ||
Program. The purpose of the Smart Start Child Care Workforce | ||
Compensation Program is to invest in early childhood education | ||
and care service providers, including, but not limited to, | ||
providers participating in the Child Care Assistance Program; | ||
to expand the supply of high-quality early childhood education | ||
and care; and to create a strong and stable early childhood | ||
education and care system with attractive wages, high-quality | ||
services, and affordable costs cost . | ||
(b) The purpose of the Smart Start Child Care Workforce | ||
Compensation Program is to stabilize community-based early | ||
childhood education and care service providers, raise the | ||
wages of early childhood educators, and support quality | ||
enhancements that can position service providers to | ||
participate in other public funding streams, such as Preschool | ||
for All, in order to further enhance and expand quality | ||
service delivery. | ||
(c) Subject to appropriation, the Department of Human | ||
Services shall implement the Smart Start Child Care Workforce | ||
Compensation Program for eligible licensed day care centers, | ||
licensed day care homes, and licensed group day care homes by | ||
October 1, 2024, or as soon as practicable, following | ||
completion of a planning and transition year. By October 1, | ||
2025, or as soon as practicable, and for each year thereafter, | ||
subject to appropriation, the Department of Human Services |
shall continue to operate the Smart Start Child Care Workforce | ||
Compensation Program annually with all licensed day care | ||
centers , and licensed day care homes, and licensed group day | ||
care homes that meet eligibility requirements. The Smart Start | ||
Child Care Workforce Compensation Program shall operate | ||
separately from and shall not supplant the Child Care | ||
Assistance Program as provided for in Section 9A-11 of the | ||
Illinois Public Aid Code. | ||
(d) The Department of Human Services shall adopt | ||
administrative rules by October 1, 2024 , to facilitate | ||
administration of the Smart Start Child Care Workforce | ||
Compensation Program, including, but not limited to, | ||
provisions for program eligibility, the application and | ||
funding calculation process, eligible expenses, required wage | ||
floors, and requirements for financial and personnel reporting | ||
and monitoring requirements. Eligibility and funding | ||
provisions shall be based on appropriation and a current model | ||
of the cost to provide child care services by a licensed child | ||
care center or licensed family child care home. | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.) | ||
Section 467. The Community Mental Health Act is amended by | ||
changing Section 3e as follows: | ||
(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e) | ||
Sec. 3e. Board's powers and duties. |
(1) Every community mental health board shall, within 30 | ||
days after members are first appointed and within 30 days | ||
after members are appointed or reappointed upon the expiration | ||
of a member's term, meet and organize, by the election of one | ||
of its number as president and one as secretary and such other | ||
officers as it may deem necessary. It shall make rules and | ||
regulations concerning the rendition or operation of services | ||
and facilities which it directs, supervises or funds, not | ||
inconsistent with the provisions of this Act. It shall: | ||
(a) Hold a meeting prior to July 1 of each year at | ||
which officers shall be elected for the ensuing year | ||
beginning July 1; | ||
(b) Hold meetings at least quarterly; | ||
(c) Hold special meetings upon a written request | ||
signed by at least 2 members and filed with the secretary; | ||
(d) Review and evaluate community mental health | ||
services and facilities, including services and facilities | ||
for the treatment of alcoholism, drug addiction, | ||
developmental disabilities, and intellectual | ||
disabilities; | ||
(e) Authorize the disbursement of money from the | ||
community mental health fund for payment for the ordinary | ||
and contingent expenses of the board; | ||
(f) Submit to the appointing officer and the members | ||
of the governing body a written plan for a program of | ||
community mental health services and facilities for |
persons with a mental illness, a developmental disability, | ||
or a substance use disorder. Such plan shall be for the | ||
ensuing 12 month period. In addition, a plan shall be | ||
developed for the ensuing 3 year period and such plan | ||
shall be reviewed at the end of every 12 month period and | ||
shall be modified as deemed advisable ; . | ||
(g) Within amounts appropriated therefor, execute such | ||
programs and maintain such services and facilities as may | ||
be authorized under such appropriations, including amounts | ||
appropriated under bond issues, if any; | ||
(h) Publish the annual budget and report within 120 | ||
days after the end of the fiscal year in a newspaper | ||
distributed within the jurisdiction of the board, or, if | ||
no newspaper is published within the jurisdiction of the | ||
board, then one published in the county, or, if no | ||
newspaper is published in the county, then in a newspaper | ||
having general circulation within the jurisdiction of the | ||
board. The report shall show the condition of its trust of | ||
that year, the sums of money received from all sources, | ||
giving the name of any donor, how all monies have been | ||
expended and for what purpose, and such other statistics | ||
and program information in regard to the work of the board | ||
as it may deem of general interest. A copy of the budget | ||
and the annual report shall be made available to the | ||
Department of Human Services and to members of the General | ||
Assembly whose districts include any part of the |
jurisdiction of such board. The names of all employees, | ||
consultants, and other personnel shall be set forth along | ||
with the amounts of money received; | ||
(i) Consult with other appropriate private and public | ||
agencies in the development of local plans for the most | ||
efficient delivery of mental health, developmental | ||
disabilities, and substance use disorder services. The | ||
Board is authorized to join and to participate in the | ||
activities of associations organized for the purpose of | ||
promoting more efficient and effective services and | ||
programs; | ||
(j) Have the authority to review and comment on all | ||
applications for grants by any person, corporation, or | ||
governmental unit providing services within the | ||
geographical area of the board which provides mental | ||
health facilities and services, including services for the | ||
person with a mental illness, a developmental disability, | ||
or a substance use disorder. The board may require funding | ||
applicants to send a copy of their funding application to | ||
the board at the time such application is submitted to the | ||
Department of Human Services or to any other local, State | ||
or federal funding source or governmental agency. Within | ||
60 days of the receipt of any application, the board shall | ||
submit its review and comments to the Department of Human | ||
Services or to any other appropriate local, State or | ||
federal funding source or governmental agency. A copy of |
the review and comments shall be submitted to the funding | ||
applicant. Within 60 days thereafter, the Department of | ||
Human Services or any other appropriate local or State | ||
governmental agency shall issue a written response to the | ||
board and the funding applicant. The Department of Human | ||
Services shall supply any community mental health board | ||
such information about purchase-of-care funds, State | ||
facility utilization, and costs in its geographical area | ||
as the board may request provided that the information | ||
requested is for the purpose of the Community Mental | ||
Health Board complying with the requirements of Section | ||
3f, subsection (f) of this Act; | ||
(k) Perform such other acts as may be necessary or | ||
proper to carry out the purposes of this Act. | ||
(2) The community mental health board has the following | ||
powers: | ||
(a) The board may enter into multiple-year contracts | ||
for rendition or operation of services, facilities and | ||
educational programs. | ||
(b) The board may arrange through intergovernmental | ||
agreements or intragovernmental agreements or both for the | ||
rendition of services and operation of facilities by other | ||
agencies or departments of the governmental unit or county | ||
in which the governmental unit is located with the | ||
approval of the governing body. | ||
(c) To employ, establish compensation for, and set |
policies for its personnel, including legal counsel, as | ||
may be necessary to carry out the purposes of this Act and | ||
prescribe the duties thereof. The board may enter into | ||
multiple-year employment contracts as may be necessary for | ||
the recruitment and retention of personnel and the proper | ||
functioning of the board. | ||
(d) The board may enter into multiple-year joint | ||
agreements, which shall be written, with other mental | ||
health boards and boards of health to provide jointly | ||
agreed upon community mental health facilities and | ||
services and to pool such funds as may be deemed necessary | ||
and available for this purpose. | ||
(e) The board may organize a not-for-profit | ||
corporation for the purpose of providing direct recipient | ||
services. Such corporations shall have, in addition to all | ||
other lawful powers, the power to contract with persons to | ||
furnish services for recipients of the corporation's | ||
facilities, including psychiatrists and other physicians | ||
licensed in this State to practice medicine in all of its | ||
branches. Such physicians shall be considered independent | ||
contractors, and liability for any malpractice shall not | ||
extend to such corporation, nor to the community mental | ||
health board, except for gross negligence in entering into | ||
such a contract. | ||
(f) The board shall not operate any direct recipient | ||
services for more than a 2-year period when such services |
are being provided in the governmental unit, but shall | ||
encourage, by financial support, the development of | ||
private agencies to deliver such needed services, pursuant | ||
to regulations of the board. | ||
(g) Where there are multiple boards within the same | ||
planning area, as established by the Department of Human | ||
Services, services may be purchased through a single | ||
delivery system. In such areas, a coordinating body with | ||
representation from each board shall be established to | ||
carry out the service functions of this Act. In the event | ||
any such coordinating body purchases or improves real | ||
property, such body shall first obtain the approval of the | ||
governing bodies of the governmental units in which the | ||
coordinating body is located. | ||
(h) The board may enter into multiple-year joint | ||
agreements with other governmental units located within | ||
the geographical area of the board. Such agreements shall | ||
be written and shall provide for the rendition of services | ||
by the board to the residents of such governmental units. | ||
(i) The board may enter into multiple-year joint | ||
agreements with federal, State, and local governments, | ||
including the Department of Human Services, whereby the | ||
board will provide certain services. All such joint | ||
agreements must provide for the exchange of relevant data. | ||
However, nothing in this Act shall be construed to permit | ||
the abridgement of the confidentiality of patient records. |
(j) The board may receive gifts from private sources | ||
for purposes not inconsistent with the provisions of this | ||
Act. | ||
(k) The board may receive federal Federal , State , and | ||
local funds for purposes not inconsistent with the | ||
provisions of this Act. | ||
(l) The board may establish scholarship programs. Such | ||
programs shall require equivalent service or reimbursement | ||
pursuant to regulations of the board. | ||
(m) The board may sell, rent, or lease real property | ||
for purposes consistent with this Act. | ||
(n) The board may: (i) own real property, lease real | ||
property as lessee, or acquire real property by purchase, | ||
construction, lease-purchase agreement, or otherwise; (ii) | ||
take title to the property in the board's name; (iii) | ||
borrow money and issue debt instruments, mortgages, | ||
purchase-money mortgages, and other security instruments | ||
with respect to the property; and (iv) maintain, repair, | ||
remodel, or improve the property. All of these activities | ||
must be for purposes consistent with this Act as may be | ||
reasonably necessary for the housing and proper | ||
functioning of the board. The board may use moneys in the | ||
Community Mental Health Fund for these purposes. | ||
(o) The board may organize a not-for-profit | ||
corporation (i) for the purpose of raising money to be | ||
distributed by the board for providing community mental |
health services and facilities for the treatment of | ||
alcoholism, drug addiction, developmental disabilities, | ||
and intellectual disabilities or (ii) for other purposes | ||
not inconsistent with this Act. | ||
(p) The board may fix a fiscal year for the board. | ||
(q) The board has the responsibility to set, maintain, | ||
and implement the budget. | ||
Every board shall be subject to the requirements under the | ||
Freedom of Information Act and the Open Meetings Act. | ||
(Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.) | ||
Section 470. The Lead Poisoning Prevention Act is amended | ||
by changing Section 8.1 as follows: | ||
(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1) | ||
Sec. 8.1. Licensing of lead inspectors and lead risk | ||
assessors. | ||
(a) The Department shall establish standards and licensing | ||
procedures for lead inspectors and lead risk assessors. An | ||
integral element of these procedures shall be an education and | ||
training program prescribed by the Department , which shall | ||
include , but not be limited to , scientific sampling, | ||
chemistry, and construction techniques. No person shall make | ||
inspections or risk assessments without first being licensed | ||
by the Department. The penalty for inspection or risk | ||
assessment without a license shall be a Class A misdemeanor |
and an administrative fine. | ||
(b) The Department shall charge licensed lead inspectors | ||
and lead risk assessors reasonable license fees and the fees | ||
shall be placed in the Lead Poisoning Screening, Prevention, | ||
and Abatement Fund and used to fund the Department's licensing | ||
of lead inspectors and lead risk assessors and any other | ||
activities prescribed by this Act. A licensed lead inspector | ||
or lead risk assessor employed by the Department or its | ||
delegate agency shall not be charged a license fee. | ||
(c) The Department, upon notification by the Illinois | ||
Workers' Compensation Commission or the Department of | ||
Insurance, shall refuse the issuance or renewal of a license | ||
to, or suspend or revoke the license of, any individual, | ||
corporation, partnership, or other business entity that has | ||
been found by the Illinois Workers' Compensation Commission or | ||
the Department of Insurance to have failed: | ||
(1) to secure workers' compensation obligations in the | ||
manner required by subsections (a) and (b) of Section 4 of | ||
the Workers' Compensation Act; | ||
(2) to pay in full a fine or penalty imposed by the | ||
Illinois Workers' Compensation Commission or the | ||
Department of Insurance due to a failure to secure | ||
workers' compensation obligations in the manner required | ||
by subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act; or | ||
(3) to fulfill all obligations assumed pursuant to any |
settlement reached with the Illinois Workers' Compensation | ||
Commission or the Department of Insurance due to a failure | ||
to secure workers' compensation obligations in the manner | ||
required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act. | ||
A complaint filed with the Department by the Illinois | ||
Workers' Compensation Commission or the Department of | ||
Insurance that includes a certification, signed by its | ||
Director or Chairman or designee, attesting to a finding of | ||
the failure to secure workers' compensation obligations in the | ||
manner required by subsections (a) and (b) of Section 4 of the | ||
Workers' Compensation Act or the failure to pay any fines or | ||
penalties or to discharge any obligation under a settlement | ||
relating to the failure to secure workers' compensation | ||
obligations in the manner required by subsections (a) and (b) | ||
of Section 4 of the Workers' Compensation Act is prima facie | ||
evidence of the licensee's or applicant's failure to comply | ||
with subsections (a) and (b) of Section 4 of the Workers' | ||
Compensation Act. Upon receipt of that certification, the | ||
Department shall, without a hearing, immediately suspend all | ||
licenses held by the licensee or the processing of any | ||
application from the applicant. Enforcement of the | ||
Department's order shall be stayed for 60 days. The Department | ||
shall provide notice of the suspension to the licensee by | ||
mailing a copy of the Department's order to the licensee's or | ||
applicant's address of record or emailing a copy of the order |
to the licensee's or applicant's email address of record. The | ||
notice shall advise the licensee or applicant that the | ||
suspension shall be effective 60 days after the issuance of | ||
the order unless the Department receives, from the licensee or | ||
applicant, a request for a hearing before the Department to | ||
dispute the matters contained in the order. | ||
Upon receiving notice from the Illinois Workers' | ||
Compensation Commission or the Department of Insurance that | ||
the violation has been corrected or otherwise resolved, the | ||
Department shall vacate the order suspending a licensee's | ||
license or the processing of an applicant's application. | ||
No license shall be suspended or revoked until after the | ||
licensee is afforded any due process protection guaranteed by | ||
statute or rule adopted by the Illinois Workers' Compensation | ||
Commission or the Department of Insurance. | ||
(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.) | ||
Section 475. The Smoke Free Illinois Act is amended by | ||
changing Section 35 as follows: | ||
(410 ILCS 82/35) | ||
Sec. 35. Exemptions. Notwithstanding any other provision | ||
of this Act, smoking is allowed in the following areas: | ||
(1) Private residences or dwelling places, except when | ||
used as a child care, adult day care, or healthcare | ||
facility or any other home-based business open to the |
public. | ||
(2) Retail tobacco stores as defined in Section 10 of | ||
this Act in operation prior to January 1, 2008 ( the | ||
effective date of Public Act 95-17) this amendatory Act of | ||
the 95th General Assembly . The retail tobacco store shall | ||
annually file with the Department by January 31st an | ||
affidavit stating the percentage of its gross income | ||
during the prior calendar year that was derived from the | ||
sale of loose tobacco, plants, or herbs and cigars, | ||
cigarettes, pipes, or other smoking devices for smoking | ||
tobacco and related smoking accessories. Any retail | ||
tobacco store that begins operation after January 1, 2008 | ||
( the effective date of Public Act 95-17) this amendatory | ||
Act may only qualify for an exemption if located in a | ||
freestanding structure occupied solely by the business and | ||
smoke from the business does not migrate into an enclosed | ||
area where smoking is prohibited. A retail tobacco store | ||
that derives at least 80% of its gross revenue from the | ||
sale of electronic cigarettes and electronic cigarette | ||
equipment and accessories in operation before January 1, | ||
2024 ( the effective date of Public Act 103-272) this | ||
amendatory Act of the 103rd General Assembly qualifies for | ||
this exemption for electronic cigarettes only. A retail | ||
tobacco store claiming an exemption for electronic | ||
cigarettes shall annually file with the Department by | ||
January 31 an affidavit stating the percentage of its |
gross income during the prior calendar year that was | ||
derived from the sale of electronic cigarettes. A retail | ||
tobacco store may, with authorization or permission from a | ||
unit of local government, including a home rule unit, or | ||
any non-home rule county within the unincorporated | ||
territory of the county, allow the on-premises consumption | ||
of cannabis in a specially designated areas. | ||
(3) (Blank). | ||
(4) Hotel and motel sleeping rooms that are rented to | ||
guests and are designated as smoking rooms, provided that | ||
all smoking rooms on the same floor must be contiguous and | ||
smoke from these rooms must not infiltrate into nonsmoking | ||
rooms or other areas where smoking is prohibited. Not more | ||
than 25% of the rooms rented to guests in a hotel or motel | ||
may be designated as rooms where smoking is allowed. The | ||
status of rooms as smoking or nonsmoking may not be | ||
changed, except to permanently add additional nonsmoking | ||
rooms. | ||
(5) Enclosed laboratories that are excluded from the | ||
definition of "place of employment" in Section 10 of this | ||
Act. Rulemaking authority to implement Public Act 95-1029 | ||
this amendatory Act of the 95th 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. | ||
(6) Common smoking rooms in long-term care facilities | ||
operated under the authority of the Illinois Department of | ||
Veterans' Affairs or licensed under the Nursing Home Care | ||
Act that are accessible only to residents who are smokers | ||
and have requested in writing to have access to the common | ||
smoking room where smoking is permitted and the smoke | ||
shall not infiltrate other areas of the long-term care | ||
facility. Rulemaking authority to implement Public Act | ||
95-1029 this amendatory Act of the 95th 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. | ||
(7) A convention hall of the Donald E. Stephens | ||
Convention Center where a meeting or trade show for | ||
manufacturers and suppliers of tobacco and tobacco | ||
products and accessories is being held, during the time | ||
the meeting or trade show is occurring, if the meeting or | ||
trade show: | ||
(i) is a trade-only event and not open to the | ||
public; | ||
(ii) is limited to attendees and exhibitors that | ||
are 21 years of age or older; |
(iii) is being produced or organized by a business | ||
relating to tobacco or a professional association for | ||
convenience stores; and | ||
(iv) involves the display of tobacco products. | ||
Smoking is not allowed in any public area outside of | ||
the hall designated for the meeting or trade show. | ||
This paragraph (7) is inoperative on and after October | ||
1, 2015. | ||
(8) A dispensing organization, as defined in the | ||
Cannabis Regulation and Tax Act, authorized or permitted | ||
by a unit local government to allow on-site consumption of | ||
cannabis, if the establishment: (1) maintains a specially | ||
designated area or areas for the purpose of heating, | ||
burning, smoking, or lighting cannabis; (2) is limited to | ||
individuals 21 or older; and (3) maintains a locked door | ||
or barrier to any specially designated areas for the | ||
purpose of heating, burning, smoking or lighting cannabis. | ||
(Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.) | ||
Section 480. The Health Care Professional Credentials Data | ||
Collection Act is amended by changing Section 5 as follows: | ||
(410 ILCS 517/5) | ||
Sec. 5. Definitions. As used in this Act: | ||
"Credentials data" means those data, information, or | ||
answers to questions required by a health care entity, health |
care plan, or hospital to complete the credentialing or | ||
recredentialing of a health care professional. | ||
"Credentialing" means the process of assessing and | ||
validating the qualifications of a health care professional. | ||
"Department" means the Department of Public Health. | ||
"Director" means the Director of the Department of Public | ||
Health. | ||
"Health care entity" means any of the following which | ||
require the submission of credentials data: (i) a health care | ||
facility or other health care organization licensed or | ||
certified to provide medical or health services in Illinois, | ||
other than a hospital; (ii) a health care professional | ||
partnership, corporation, limited liability company, | ||
professional services corporation or group practice; or (iii) | ||
an independent practice association or physician hospital | ||
organization. Nothing in this definition shall be construed to | ||
mean that a hospital is a health care entity. | ||
"Health care plan" means any entity licensed by the | ||
Department of Insurance as a prepaid health care plan or | ||
health maintenance organization or as an insurer which | ||
requires the submission of credentials data. | ||
"Health care professional" means any person licensed under | ||
the Medical Practice Act of 1987 or any person licensed under | ||
any other Act subsequently made subject to this Act by the | ||
Department. | ||
"Hospital" means a hospital licensed under the Hospital |
Licensing Act or any hospital organized under the University | ||
of Illinois Hospital Act. | ||
"Recredentialing" means a process undertaken for a period | ||
not to exceed 3 years by which a health care entity, health | ||
care plan , or hospital ensures that a health care professional | ||
who is currently credentialed by the health care entity, | ||
health care plan , or hospital continues to meet the | ||
credentialing criteria used by the health care entity, health | ||
care plan, or hospital 3 . | ||
"Single credentialing cycle" means a process undertaken | ||
for a period not to exceed 3 years whereby for purposes of | ||
recredentialing each health care professional's credentials | ||
data are collected by all health care entities and health care | ||
plans that credential the health care professional during the | ||
same time period 3 . | ||
"Site survey" means a process by which a health care | ||
entity or health care plan assesses the office locations and | ||
medical record keeping practices of a health care | ||
professional. | ||
"Single site survey" means a process by which, for | ||
purposes of recredentialing, each health care professional | ||
receives a site visit only once every two years. | ||
"Uniform health care credentials form" means the form | ||
prescribed by the Department under Section 15 to collect the | ||
credentials data commonly requested by health care entities | ||
and health care plans for purposes of credentialing. |
"Uniform health care recredentials form" means the form | ||
prescribed by the Department under Section 15 to collect the | ||
credentials data commonly requested by health care entities | ||
and health care plans for purposes of recredentialing. | ||
"Uniform hospital credentials form" means the form | ||
prescribed by the Department under Section 15 to collect the | ||
credentials data commonly requested by hospitals for purposes | ||
of credentialing. | ||
"Uniform hospital recredentials form" means the form | ||
prescribed by the Department under Section 15 to collect the | ||
credentials data commonly requested by hospitals for purposes | ||
of recredentialing. | ||
"Uniform site survey instrument" means the instrument | ||
developed by the Department under Section 25 to complete a | ||
single site survey as part of a credentialing or | ||
recredentialing process. | ||
"Uniform updating form" means the standardized form | ||
prescribed by the Department for reporting of corrections, | ||
updates, and modifications to credentials data to health care | ||
entities, health care plans, and hospitals when those data | ||
change following credentialing or recredentialing of a health | ||
care professional. | ||
(Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23; | ||
revised 12-15-23.) | ||
Section 485. The Vital Records Act is amended by changing |
Section 25 and by setting forth and renumbering multiple | ||
versions of Section 25.6 as follows: | ||
(410 ILCS 535/25) | ||
Sec. 25. In accordance with Section 24 of this Act, and the | ||
regulations adopted pursuant thereto: | ||
(1) The State Registrar of Vital Records shall search | ||
the files of birth, death, and fetal death records, upon | ||
receipt of a written request and a fee of $10 from any | ||
applicant entitled to such search. A search fee shall not | ||
be required for commemorative birth certificates issued by | ||
the State Registrar. A search fee shall not be required | ||
for a birth record search from a person (1) upon release on | ||
parole, mandatory supervised release, final discharge, or | ||
pardon from the Department of Corrections if the person | ||
presents a prescribed verification form completed by the | ||
Department of Corrections verifying the person's date of | ||
birth and social security number, or (2) placed on | ||
aftercare release under the Juvenile Court Act of 1987, | ||
upon release on parole, mandatory supervised release, | ||
final discharge, or pardon from the Department of Juvenile | ||
Justice if the person presents a prescribed verification | ||
form completed by the Department of Juvenile Justice | ||
verifying the person's date of birth and social security | ||
number; however, the person is entitled to only one search | ||
fee waiver. If, upon search, the record requested is |
found, the State Registrar shall furnish the applicant one | ||
certification of such record, under the seal of such | ||
office. If the request is for a certified copy of the | ||
record , an additional fee of $5 shall be required. An | ||
additional fee for a certified copy of the record shall | ||
not be required from a person (1) upon release on parole, | ||
mandatory supervised release, final discharge, or pardon | ||
from the Department of Corrections if the person presents | ||
a prescribed verification form completed by the Department | ||
of Corrections verifying the released person's date of | ||
birth and social security number, or (2) placed on | ||
aftercare release under the Juvenile Court Act of 1987, | ||
upon release on parole, mandatory supervised release, | ||
final discharge, or pardon from the Department of Juvenile | ||
Justice if the person presents a prescribed verification | ||
form completed by the Department of Juvenile Justice | ||
verifying the person's date of birth and social security | ||
number; however, the person is entitled to only one | ||
certified copy fee waiver. If the request is for a | ||
certified copy of a death certificate or a fetal death | ||
certificate, an additional fee of $2 is required. The | ||
additional fee shall be deposited into the Death | ||
Certificate Surcharge Fund. A further fee of $2 shall be | ||
required for each additional certification or certified | ||
copy requested. If the requested record is not found, the | ||
State Registrar shall furnish the applicant a |
certification attesting to that fact, if so requested by | ||
the applicant. A further fee of $2 shall be required for | ||
each additional certification that no record has been | ||
found. | ||
Any local registrar or county clerk shall search the | ||
files of birth, death , and fetal death records, upon | ||
receipt of a written request from any applicant entitled | ||
to such search. If upon search the record requested is | ||
found, such local registrar or county clerk shall furnish | ||
the applicant one certification or certified copy of such | ||
record, under the seal of such office, upon payment of the | ||
applicable fees. If the requested record is not found, the | ||
local registrar or county clerk shall furnish the | ||
applicant a certification attesting to that fact, if so | ||
requested by the applicant and upon payment of applicable | ||
fee. The local registrar or county clerk must charge a $2 | ||
fee for each certified copy of a death certificate. The | ||
fee is in addition to any other fees that are charged by | ||
the local registrar or county clerk. The additional fees | ||
must be transmitted to the State Registrar monthly and | ||
deposited into the Death Certificate Surcharge Fund. The | ||
local registrar or county clerk may charge fees for | ||
providing other services for which the State Registrar may | ||
charge fees under this Section. | ||
Upon receipt of a written request from an applicant | ||
entitled to such a search, a local registrar or county |
clerk shall search available files for the death | ||
certificate of an active duty service member or honorably | ||
discharged veteran of the United States military. If the | ||
death certificate requested by the applicant is found, the | ||
local registrar or county clerk shall furnish the | ||
applicant with one certified copy of the death | ||
certificate, under the seal of the local registrar's or | ||
county clerk's office, at no cost to the applicant. If the | ||
requested death certificate of the service member or | ||
honorably discharged veteran is not found, the local | ||
registrar or county clerk shall furnish the applicant, at | ||
no cost, with certification attesting to that fact if so | ||
requested by the applicant. A local registrar or county | ||
clerk shall not require a fee from the applicant of more | ||
than $6 for any subsequent copy of the service member's or | ||
honorably discharged veteran's death certificate or | ||
certification attesting that the death certificate of the | ||
service member or honorably discharged veteran was not | ||
found. | ||
A request to any custodian of vital records for a | ||
search of the death record indexes for genealogical | ||
research shall require a fee of $10 per name for a 5-year 5 | ||
year search. An additional fee of $1 for each additional | ||
year searched shall be required. If the requested record | ||
is found, one uncertified copy shall be issued without | ||
additional charge. |
Any fee received by the State Registrar pursuant to | ||
this Section which is of an insufficient amount may be | ||
returned by the State Registrar upon his recording the | ||
receipt of such fee and the reason for its return. The | ||
State Registrar is authorized to maintain a 2-signature 2 | ||
signature , revolving checking account with a suitable | ||
commercial bank for the purpose of depositing and | ||
withdrawing-for-return cash received and determined | ||
insufficient for the service requested. | ||
No fee imposed under this Section may be assessed | ||
against an organization chartered by Congress that | ||
requests a certificate for the purpose of death | ||
verification. | ||
No fee imposed under this Section may be assessed | ||
against a victim of domestic violence as defined in the | ||
Illinois Domestic Violence Act of 1986. To qualify for the | ||
waiver of a fee, the person seeking the vital record must | ||
provide a certification letter as described in Section | ||
25.6. | ||
Any custodian of vital records, whether it may be the | ||
Department of Public Health, a local registrar, or a | ||
county clerk shall charge an additional $2 for each | ||
certified copy of a death certificate and that additional | ||
fee shall be collected on behalf of the Department of | ||
Financial and Professional Regulation for deposit into the | ||
Cemetery Oversight Licensing and Disciplinary Fund. |
As used in this paragraph, "veteran" means an | ||
individual who served in the Armed Forces of the United | ||
States, National Guard, or the reserves of the Armed | ||
Forces of the United States. | ||
(2) The certification of birth may contain only the | ||
name, sex, date of birth, and place of birth, of the person | ||
to whom it relates, the name, age and birthplace of the | ||
parents, and the file number; and none of the other data on | ||
the certificate of birth except as authorized under | ||
subsection (5) of this Section. | ||
(3) The certification of death shall contain only the | ||
name, Social Security Number, sex, date of death, and | ||
place of death of the person to whom it relates, and file | ||
number; and none of the other data on the certificate of | ||
death except as authorized under subsection (5) of this | ||
Section. | ||
(4) Certification or a certified copy of a certificate | ||
shall be issued: | ||
(a) Upon the order of a court of competent | ||
jurisdiction; or | ||
(b) In case of a birth certificate, upon the | ||
specific written request for a certification or | ||
certified copy by the person, if of legal age, by a | ||
parent or other legal representative of the person to | ||
whom the record of birth relates, or by a person having | ||
a genealogical interest; or |
(c) Upon the specific written request for a | ||
certification or certified copy by a department of the | ||
State state or a municipal corporation or the federal | ||
government; or | ||
(c-1) Upon the specific written request for a | ||
certification or certified copy by a State's Attorney | ||
for the purpose of a criminal prosecution; or | ||
(d) In case of a death or fetal death certificate, | ||
upon specific written request for a certified copy by | ||
a person, or his duly authorized agent, having a | ||
genealogical, personal , or property right interest in | ||
the record. | ||
A genealogical interest shall be a proper purpose with | ||
respect to births which occurred not less than 75 years | ||
and deaths which occurred not less than 20 years prior to | ||
the date of written request. Where the purpose of the | ||
request is a genealogical interest, the custodian shall | ||
stamp the certification or copy with the words, FOR | ||
GENEALOGICAL PURPOSES ONLY. | ||
(5) Any certification or certified copy issued | ||
pursuant to this Section shall show the date of | ||
registration; and copies issued from records marked | ||
"delayed," "amended," or "court order" shall be similarly | ||
marked and show the effective date. | ||
(6) Any certification or certified copy of a | ||
certificate issued in accordance with this Section shall |
be considered as prima facie evidence of the facts therein | ||
stated, provided that the evidentiary value of a | ||
certificate or record filed more than one year after the | ||
event, or a record which has been amended, shall be | ||
determined by the judicial or administrative body or | ||
official before whom the certificate is offered as | ||
evidence. | ||
(7) Any certification or certified copy issued | ||
pursuant to this Section shall be issued without charge | ||
when the record is required by the United States | ||
Department of Veterans Affairs Veterans Administration or | ||
by any accredited veterans organization to be used in | ||
determining the eligibility of any person to participate | ||
in benefits available from such organization. Requests for | ||
such copies must be in accordance with Sections 1 and 2 of | ||
Records for Veterans Administration Act "An Act to provide | ||
for the furnishing of copies of public documents to | ||
interested parties," approved May 17, 1935, as now or | ||
hereafter amended . | ||
(8) The National Vital Statistics Division, or any | ||
agency which may be substituted therefor, may be furnished | ||
such copies or data as it may require for national | ||
statistics; provided that the State shall be reimbursed | ||
for the cost of furnishing such data; and provided further | ||
that such data shall not be used for other than | ||
statistical purposes by the National Vital Statistics |
Division, or any agency which may be substituted therefor, | ||
unless so authorized by the State Registrar of Vital | ||
Records. | ||
(9) Federal, State, local, and other public or private | ||
agencies may, upon request, be furnished copies or data | ||
for statistical purposes upon such terms or conditions as | ||
may be prescribed by the Department. | ||
(10) The State Registrar of Vital Records, at his | ||
discretion and in the interest of promoting registration | ||
of births, may issue, without fee, to the parents or | ||
guardian of any or every child whose birth has been | ||
registered in accordance with the provisions of this Act, | ||
a special notice of registration of birth. | ||
(11) No person shall prepare or issue any certificate | ||
which purports to be an original, certified copy, or | ||
certification of a certificate of birth, death, or fetal | ||
death, except as authorized in this Act or regulations | ||
adopted hereunder. | ||
(12) A computer print-out of any record of birth, | ||
death , or fetal record that may be certified under this | ||
Section may be used in place of such certification and | ||
such computer print-out shall have the same legal force | ||
and effect as a certified copy of the document. | ||
(13) The State Registrar may verify from the | ||
information contained in the index maintained by the State | ||
Registrar the authenticity of information on births, |
deaths, marriages , and dissolution of marriages provided | ||
to a federal agency or a public agency of another state by | ||
a person seeking benefits or employment from the agency, | ||
provided the agency pays a fee of $10. | ||
(14) The State Registrar may issue commemorative birth | ||
certificates to persons eligible to receive birth | ||
certificates under this Section upon the payment of a fee | ||
to be determined by the State Registrar. | ||
(Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23; | ||
103-170, eff. 1-1-24; revised 9-1-23.) | ||
(410 ILCS 535/25.6) | ||
Sec. 25.6. Fee waiver; persons who reside in a shelter for | ||
domestic violence. | ||
(a) The applicable fees under Section 17 of this Act for a | ||
new certificate of birth and Section 25 of this Act for a | ||
search of a birth record or a certified copy of a birth record | ||
shall be waived for all requests by a person who resides in a | ||
shelter for domestic violence. The State Registrar of Vital | ||
Records shall establish standards and procedures consistent | ||
with this Section for waiver of the applicable fees. A person | ||
described under this Section must not be charged for | ||
verification under this Section. A person who knowingly or | ||
purposefully falsifies this verification is subject to a | ||
penalty of $100. | ||
(b) A person who resides in a shelter for domestic |
violence shall be provided no more than 4 birth records | ||
annually under this Section. | ||
(Source: P.A. 102-1141, eff. 7-1-23.) | ||
(410 ILCS 535/25.7) | ||
Sec. 25.7 25.6 . Certification letter form. In order to | ||
seek a waiver of the fee for a copy of a vital record, the | ||
person seeking the record must provide the following | ||
certification letter: | ||
Certification Letter for Domestic Violence Waiver for Illinois | ||
Vital Records | ||
Full Name of Applicant:............................... | ||
Date of Birth:........................................ | ||
I,........................, certify, to the best of my | ||
knowledge and belief, that on the date listed below, the above | ||
named individual is a victim or child of a victim of domestic | ||
violence, as defined by Section 103 of the Illinois Domestic | ||
Violence Act of 1986 (750 ILCS 60/103), who is currently | ||
fleeing a dangerous living situation. I provide this | ||
certification in my capacity as (check one below): | ||
( ) an advocate at a family violence center who | ||
assisted the victim; | ||
( ) a licensed medical care or mental health provider; | ||
( ) the director of an emergency shelter or | ||
transitional housing; or |
( ) the director of a transitional living program. | ||
Signature:................. Date:........................ | ||
Title:..................... Employer:.................... | ||
Email:..................... Phone:....................... | ||
Address:................... City:........................ | ||
State:..................... Zip:......................... | ||
(Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.) | ||
Section 490. The Sanitary Food Preparation Act is amended | ||
by changing Section 8 as follows: | ||
(410 ILCS 650/8) (from Ch. 56 1/2, par. 74) | ||
Sec. 8. No operative, employee, or other person persons | ||
shall expectorate on the food , or on the utensils , or on the | ||
floors or sidewalls of any building, room, basement, or cellar | ||
where the production, preparation, manufacture, packing, | ||
storing, or sale of any such food is conducted. Operatives, | ||
employees, clerks, and all other persons who handle the | ||
material from which such food is prepared or the finished | ||
product, before beginning work, or after visiting toilet or | ||
toilets, shall wash their hands thoroughly in clean water. | ||
Whoever fails to observe or violates the provisions of this | ||
Section shall be guilty of a petty offense and fined not more | ||
than $25. | ||
(Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.) |
Section 495. The Cannabis Regulation and Tax Act is | ||
amended by changing Sections 15-150 and 15-170 as follows: | ||
(410 ILCS 705/15-150) | ||
Sec. 15-150. Temporary suspension. | ||
(a) The Secretary of Financial and Professional Regulation | ||
may temporarily suspend a dispensing organization license or | ||
an agent registration without a hearing if the Secretary finds | ||
that public safety or welfare requires emergency action. The | ||
Secretary shall cause the temporary suspension by issuing a | ||
suspension notice in connection with the institution of | ||
proceedings for a hearing. | ||
(b) If the Secretary temporarily suspends a license or | ||
agent registration without a hearing, the licensee or agent is | ||
entitled to a hearing within 45 days after the suspension | ||
notice has been issued. The hearing shall be limited to the | ||
issues cited in the suspension notice, unless all parties | ||
agree otherwise. | ||
(c) If the Department does not hold a hearing within with | ||
45 days after the date the suspension notice was issued, then | ||
the suspended license or registration shall be automatically | ||
reinstated and the suspension vacated. | ||
(d) The suspended licensee or agent may seek a continuance | ||
of the hearing date, during which time the suspension remains | ||
in effect and the license or registration shall not be | ||
automatically reinstated. |
(e) Subsequently discovered causes of action by the | ||
Department after the issuance of the suspension notice may be | ||
filed as a separate notice of violation. The Department is not | ||
precluded from filing a separate action against the suspended | ||
licensee or agent. | ||
(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.) | ||
(410 ILCS 705/15-170) | ||
Sec. 15-170. Hearing; motion for rehearing. | ||
(a) The hearing officer shall hear evidence in support of | ||
the formal charges and evidence produced by the licensee. At | ||
the conclusion of the hearing, the hearing officer shall | ||
present to the Secretary a written report of his or her | ||
findings of fact, conclusions of law, and recommendations. | ||
(b) At the conclusion of the hearing, a copy of the hearing | ||
officer's report shall be served upon the applicant or | ||
licensee by the Department, either personally or as provided | ||
in this Act for the service of a notice of hearing. Within 20 | ||
calendar days after service, the applicant or licensee may | ||
present to the Department a motion in writing for rehearing, | ||
which shall specify the particular grounds for rehearing. The | ||
Department may respond to the motion for rehearing within 20 | ||
calendar days after its service on the Department. If no | ||
motion for rehearing is filed, then, upon the expiration of | ||
the time specified for filing such motion or upon denial of a | ||
motion for rehearing, the Secretary may enter an order in |
accordance with the recommendation of the hearing officer. If | ||
the applicant or licensee orders from the reporting service | ||
and pays for a transcript of the record within the time for | ||
filing a motion for rehearing, the 20-day period within which | ||
a motion may be filed shall commence upon the delivery of the | ||
transcript to the applicant or licensee. | ||
(c) If the Secretary disagrees in any regard with the | ||
report of the hearing officer, the Secretary may issue an | ||
order contrary to the report. | ||
(d) Whenever the Secretary is not satisfied that | ||
substantial justice has been done, the Secretary may order a | ||
rehearing by the same or another hearing officer. | ||
(e) At any point in any investigation or disciplinary | ||
proceeding under in this Article, both parties may agree to a | ||
negotiated consent order. The consent order shall be final | ||
upon signature of the Secretary. | ||
(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.) | ||
Section 500. The Environmental Protection Act is amended | ||
by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as | ||
follows: | ||
(415 ILCS 5/17.12) | ||
Sec. 17.12. Lead service line replacement and | ||
notification. | ||
(a) The purpose of this Act is to: (1) require the owners |
and operators of community water supplies to develop, | ||
implement, and maintain a comprehensive water service line | ||
material inventory and a comprehensive lead service line | ||
replacement plan, provide notice to occupants of potentially | ||
affected buildings before any construction or repair work on | ||
water mains or lead service lines, and request access to | ||
potentially affected buildings before replacing lead service | ||
lines; and (2) prohibit partial lead service line | ||
replacements, except as authorized within this Section. | ||
(b) The General Assembly finds and declares that: | ||
(1) There is no safe level of exposure to heavy metal | ||
lead, as found by the United States Environmental | ||
Protection Agency and the Centers for Disease Control and | ||
Prevention. | ||
(2) Lead service lines can convey this harmful | ||
substance to the drinking water supply. | ||
(3) According to the Illinois Environmental Protection | ||
Agency's 2018 Service Line Material Inventory, the State | ||
of Illinois is estimated to have over 680,000 lead-based | ||
service lines still in operation. | ||
(4) The true number of lead service lines is not fully | ||
known because Illinois lacks an adequate inventory of lead | ||
service lines. | ||
(5) For the general health, safety , and welfare of its | ||
residents, all lead service lines in Illinois should be | ||
disconnected from the drinking water supply, and the |
State's drinking water supply. | ||
(c) In this Section: | ||
"Advisory Board" means the Lead Service Line Replacement | ||
Advisory Board created under subsection (x). | ||
"Community water supply" has the meaning ascribed to it in | ||
Section 3.145 of this Act. | ||
"Department" means the Department of Public Health. | ||
"Emergency repair" means any unscheduled water main, water | ||
service, or water valve repair or replacement that results | ||
from failure or accident. | ||
"Fund" means the Lead Service Line Replacement Fund | ||
created under subsection (bb). | ||
"Lead service line" means a service line made of lead or | ||
service line connected to a lead pigtail, lead gooseneck, or | ||
other lead fitting. | ||
"Material inventory" means a water service line material | ||
inventory developed by a community water supply under this | ||
Act. | ||
"Non-community water supply" has the meaning ascribed to | ||
it in Section 3.145 of the Environmental Protection Act. | ||
"NSF/ANSI Standard" means a water treatment standard | ||
developed by NSF International. | ||
"Partial lead service line replacement" means replacement | ||
of only a portion of a lead service line. | ||
"Potentially affected building" means any building that is | ||
provided water service through a service line that is either a |
lead service line or a suspected lead service line. | ||
"Public water supply" has the meaning ascribed to it in | ||
Section 3.365 of this Act. | ||
"Service line" means the piping, tubing, and necessary | ||
appurtenances acting as a conduit from the water main or | ||
source of potable water supply to the building plumbing at the | ||
first shut-off valve or 18 inches inside the building, | ||
whichever is shorter. | ||
"Suspected lead service line" means a service line that a | ||
community water supply finds more likely than not to be made of | ||
lead after completing the requirements under paragraphs (2) | ||
through (5) of subsection (h). | ||
"Small system" means a community water supply that | ||
regularly serves water to 3,300 or fewer persons. | ||
(d) An owner or operator of a community water supply | ||
shall: | ||
(1) develop an initial material inventory by April 15, | ||
2022 and electronically submit by April 15, 2023 an | ||
updated material inventory electronically to the Agency; | ||
and | ||
(2) deliver a complete material inventory to the | ||
Agency no later than April 15, 2024, or such time as | ||
required by federal law, whichever is sooner. The complete | ||
inventory shall report the composition of all service | ||
lines in the community water supply's distribution system. | ||
(e) The Agency shall review and approve the final material |
inventory submitted to it under subsection (d). | ||
(f) If a community water supply does not submit a complete | ||
inventory to the Agency by April 15, 2024 under paragraph (2) | ||
of subsection (d), the community water supply may apply for an | ||
extension to the Agency no less than 3 months prior to the due | ||
date. The Agency shall develop criteria for granting material | ||
inventory extensions. When considering requests for extension, | ||
the Agency shall, at a minimum, consider: | ||
(1) the number of service connections in a water | ||
supply; and | ||
(2) the number of service lines of an unknown material | ||
composition. | ||
(g) A material inventory prepared for a community water | ||
supply under subsection (d) shall identify: | ||
(1) the total number of service lines connected to the | ||
community water supply's distribution system; | ||
(2) the materials of construction of each service line | ||
connected to the community water supply's distribution | ||
system; | ||
(3) the number of suspected lead service lines that | ||
were newly identified in the material inventory for the | ||
community water supply after the community water supply | ||
last submitted a service line inventory to the Agency; and | ||
(4) the number of suspected or known lead service | ||
lines that were replaced after the community water supply | ||
last submitted a service line inventory to the Agency, and |
the material of the service line that replaced each lead | ||
service line. | ||
When identifying the materials of construction under | ||
paragraph (2) of this subsection, the owner or operator of the | ||
community water supply shall to the best of the owner's or | ||
operator's ability identify the type of construction material | ||
used on the customer's side of the curb box, meter, or other | ||
line of demarcation and the community water supply's side of | ||
the curb box, meter, or other line of demarcation. | ||
(h) In completing a material inventory under subsection | ||
(d), the owner or operator of a community water supply shall: | ||
(1) prioritize inspections of high-risk areas | ||
identified by the community water supply and inspections | ||
of high-risk facilities, such as preschools, day care | ||
centers, day care homes, group day care homes, parks, | ||
playgrounds, hospitals, and clinics, and confirm service | ||
line materials in those areas and at those facilities; | ||
(2) review historical documentation, such as | ||
construction logs or cards, as-built drawings, purchase | ||
orders, and subdivision plans, to determine service line | ||
material construction; | ||
(3) when conducting distribution system maintenance, | ||
visually inspect service lines and document materials of | ||
construction; | ||
(4) identify any time period when the service lines | ||
being connected to its distribution system were primarily |
lead service lines, if such a time period is known or | ||
suspected; and | ||
(5) discuss service line repair and installation with | ||
its employees, contractors, plumbers, other workers who | ||
worked on service lines connected to its distribution | ||
system, or all of the above. | ||
(i) The owner or operator of each community water supply | ||
shall maintain records of persons who refuse to grant access | ||
to the interior of a building for purposes of identifying the | ||
materials of construction of a service line. If a community | ||
water supply has been denied access on the property or to the | ||
interior of a building for that reason, then the community | ||
water supply shall attempt to identify the service line as a | ||
suspected lead service line, unless documentation is provided | ||
showing otherwise. | ||
(j) If a community water supply identifies a lead service | ||
line connected to a building, the owner or operator of the | ||
community water supply shall attempt to notify the owner of | ||
the building and all occupants of the building of the | ||
existence of the lead service line within 15 days after | ||
identifying the lead service line, or as soon as is reasonably | ||
possible thereafter. Individual written notice shall be given | ||
according to the provisions of subsection (jj). | ||
(k) An owner or operator of a community water supply has no | ||
duty to include in the material inventory required under | ||
subsection (d) information about service lines that are |
physically disconnected from a water main in its distribution | ||
system. | ||
(l) The owner or operator of each community water supply | ||
shall post on its website a copy of the most recently submitted | ||
material inventory or alternatively may request that the | ||
Agency post a copy of that material inventory on the Agency's | ||
website. | ||
(m) Nothing in this Section shall be construed to require | ||
service lines to be unearthed for the sole purpose of | ||
inventorying. | ||
(n) When an owner or operator of a community water supply | ||
awards a contract under this Section, the owner or operator | ||
shall make a good faith effort to use contractors and vendors | ||
owned by minority persons, women, and persons with a | ||
disability, as those terms are defined in Section 2 of the | ||
Business Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act, for not less than 20% of the total | ||
contracts, provided that: | ||
(1) contracts representing at least 11% of the total | ||
projects shall be awarded to minority-owned businesses, as | ||
defined in Section 2 of the Business Enterprise for | ||
Minorities, Women, and Persons with Disabilities Act; | ||
(2) contracts representing at least 7% of the total | ||
projects shall be awarded to women-owned businesses, as | ||
defined in Section 2 of the Business Enterprise for | ||
Minorities, Women, and Persons with Disabilities Act; and |
(3) contracts representing at least 2% of the total | ||
projects shall be awarded to businesses owned by persons | ||
with a disability. | ||
Owners or operators of a community water supply are | ||
encouraged to divide projects, whenever economically feasible, | ||
into contracts of smaller size that ensure small business | ||
contractors or vendors shall have the ability to qualify in | ||
the applicable bidding process, when determining the ability | ||
to deliver on a given contract based on scope and size, as a | ||
responsible and responsive bidder. | ||
When a contractor or vendor submits a bid or letter of | ||
intent in response to a request for proposal or other bid | ||
submission, the contractor or vendor shall include with its | ||
responsive documents a utilization plan that shall address how | ||
compliance with applicable good faith requirements set forth | ||
in this subsection shall be addressed. | ||
Under this subsection, "good faith effort" means a | ||
community water supply has taken all necessary steps to comply | ||
with the goals of this subsection by complying with the | ||
following: | ||
(1) Soliciting through reasonable and available means | ||
the interest of a business, as defined in Section 2 of the | ||
Business Enterprise for Minorities, Women, and Persons | ||
with Disabilities Act, that have the capability to perform | ||
the work of the contract. The community water supply must | ||
solicit this interest within sufficient time to allow |
certified businesses to respond. | ||
(2) Providing interested certified businesses with | ||
adequate information about the plans, specifications, and | ||
requirements of the contract, including addenda, in a | ||
timely manner to assist them in responding to the | ||
solicitation. | ||
(3) Meeting in good faith with interested certified | ||
businesses that have submitted bids. | ||
(4) Effectively using the services of the State, | ||
minority or women community organizations, minority or | ||
women contractor groups, local, State, and federal | ||
minority or women business assistance offices, and other | ||
organizations to provide assistance in the recruitment and | ||
placement of certified businesses. | ||
(5) Making efforts to use appropriate forums for | ||
purposes of advertising subcontracting opportunities | ||
suitable for certified businesses. | ||
The diversity goals defined in this subsection can be met | ||
through direct award to diverse contractors and through the | ||
use of diverse subcontractors and diverse vendors to | ||
contracts. | ||
(o) An owner or operator of a community water supply shall | ||
collect data necessary to ensure compliance with subsection | ||
(n) no less than semi-annually and shall include progress | ||
toward compliance of subsection (n) in the owner or operator's | ||
report required under subsection (t-5). The report must |
include data on vendor and employee diversity, including data | ||
on the owner's or operator's implementation of subsection (n). | ||
(p) Every owner or operator of a community water supply | ||
that has known or suspected lead service lines shall: | ||
(1) create a plan to: | ||
(A) replace each lead service line connected to | ||
its distribution system; and | ||
(B) replace each galvanized service line connected | ||
to its distribution system, if the galvanized service | ||
line is or was connected downstream to lead piping; | ||
and | ||
(2) electronically submit, by April 15, 2024 its | ||
initial lead service line replacement plan to the Agency; | ||
(3) electronically submit by April 15 of each year | ||
after 2024 until April 15, 2027 an updated lead service | ||
line replacement plan to the Agency for review; the | ||
updated replacement plan shall account for changes in the | ||
number of lead service lines or unknown service lines in | ||
the material inventory described in subsection (d); | ||
(4) electronically submit by April 15, 2027 a complete | ||
and final replacement plan to the Agency for approval; the | ||
complete and final replacement plan shall account for all | ||
known and suspected lead service lines documented in the | ||
final material inventory described under paragraph (3) of | ||
subsection (d); and | ||
(5) post on its website a copy of the plan most |
recently submitted to the Agency or may request that the | ||
Agency post a copy of that plan on the Agency's website. | ||
(q) Each plan required under paragraph (1) of subsection | ||
(p) shall include the following: | ||
(1) the name and identification number of the | ||
community water supply; | ||
(2) the total number of service lines connected to the | ||
distribution system of the community water supply; | ||
(3) the total number of suspected lead service lines | ||
connected to the distribution system of the community | ||
water supply; | ||
(4) the total number of known lead service lines | ||
connected to the distribution system of the community | ||
water supply; | ||
(5) the total number of lead service lines connected | ||
to the distribution system of the community water supply | ||
that have been replaced each year beginning in 2020; | ||
(6) a proposed lead service line replacement schedule | ||
that includes one-year, 5-year, 10-year, 15-year, 20-year, | ||
25-year, and 30-year goals; | ||
(7) an analysis of costs and financing options for | ||
replacing the lead service lines connected to the | ||
community water supply's distribution system, which shall | ||
include, but shall not be limited to: | ||
(A) a detailed accounting of costs associated with | ||
replacing lead service lines and galvanized lines that |
are or were connected downstream to lead piping; | ||
(B) measures to address affordability and prevent | ||
service shut-offs for customers or ratepayers; and | ||
(C) consideration of different scenarios for | ||
structuring payments between the utility and its | ||
customers over time; and | ||
(8) a plan for prioritizing high-risk facilities, such | ||
as preschools, day care centers, day care homes, group day | ||
care homes, parks, playgrounds, hospitals, and clinics, as | ||
well as high-risk areas identified by the community water | ||
supply; | ||
(9) a map of the areas where lead service lines are | ||
expected to be found and the sequence with which those | ||
areas will be inventoried and lead service lines replaced; | ||
(10) measures for how the community water supply will | ||
inform the public of the plan and provide opportunity for | ||
public comment; and | ||
(11) measures to encourage diversity in hiring in the | ||
workforce required to implement the plan as identified | ||
under subsection (n). | ||
(r) The Agency shall review final plans submitted to it | ||
under subsection (p). The Agency shall approve a final plan if | ||
the final plan includes all of the elements set forth under | ||
subsection (q) and the Agency determines that: | ||
(1) the proposed lead service line replacement | ||
schedule set forth in the plan aligns with the timeline |
requirements set forth under subsection (v); | ||
(2) the plan prioritizes the replacement of lead | ||
service lines that provide water service to high-risk | ||
facilities, such as preschools, day care centers, day care | ||
homes, group day care homes, parks, playgrounds, | ||
hospitals, and clinics, and high-risk areas identified by | ||
the community water supply; | ||
(3) the plan includes analysis of cost and financing | ||
options; and | ||
(4) the plan provides documentation of public review. | ||
(s) An owner or operator of a community water supply has no | ||
duty to include in the plans required under subsection (p) | ||
information about service lines that are physically | ||
disconnected from a water main in its distribution system. | ||
(t) If a community water supply does not deliver a | ||
complete plan to the Agency by April 15, 2027, the community | ||
water supply may apply to the Agency for an extension no less | ||
than 3 months prior to the due date. The Agency shall develop | ||
criteria for granting plan extensions. When considering | ||
requests for extension, the Agency shall, at a minimum, | ||
consider: | ||
(1) the number of service connections in a water | ||
supply; and | ||
(2) the number of service lines of an unknown material | ||
composition. | ||
(t-5) After the Agency has approved the final replacement |
plan described in subsection (p), the owner or operator of a | ||
community water supply shall submit a report detailing | ||
progress toward plan goals to the Agency for its review. The | ||
report shall be submitted annually for the first 10 years, and | ||
every 3 years thereafter until all lead service lines have | ||
been replaced. Reports under this subsection shall be | ||
published in the same manner described in subsection (l). The | ||
report shall include at least the following information as it | ||
pertains to the preceding reporting period: | ||
(1) The number of lead service lines replaced and the | ||
average cost of lead service line replacement. | ||
(2) Progress toward meeting hiring requirements as | ||
described in subsection (n) and subsection (o). | ||
(3) The percent of customers electing a waiver | ||
offered, as described in subsections (ii) and (jj), among | ||
those customers receiving a request or notification to | ||
perform a lead service line replacement. | ||
(4) The method or methods used by the community water | ||
supply to finance lead service line replacement. | ||
(u) Notwithstanding any other provision of law, in order | ||
to provide for costs associated with lead service line | ||
remediation and replacement, the corporate authorities of a | ||
municipality may, by ordinance or resolution by the corporate | ||
authorities, exercise authority provided in Section 27-5 et | ||
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, | ||
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., |
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes | ||
levied for this purpose shall be in addition to taxes for | ||
general purposes authorized under Section 8-3-1 of the | ||
Illinois Municipal Code and shall be included in the taxing | ||
district's aggregate extension for the purposes of Division 5 | ||
of Article 18 of the Property Tax Code. | ||
(v) Every owner or operator of a community water supply | ||
shall replace all known lead service lines, subject to the | ||
requirements of subsection (ff), according to the following | ||
replacement rates and timelines to be calculated from the date | ||
of submission of the final replacement plan to the Agency: | ||
(1) A community water supply reporting 1,200 or fewer | ||
lead service lines in its final inventory and replacement | ||
plan shall replace all lead service lines, at an annual | ||
rate of no less than 7% of the amount described in the | ||
final inventory, with a timeline of up to 15 years for | ||
completion. | ||
(2) A community water supply reporting more than 1,200 | ||
but fewer than 5,000 lead service lines in its final | ||
inventory and replacement plan shall replace all lead | ||
service lines, at an annual rate of no less than 6% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 17 years for completion. | ||
(3) A community water supply reporting more than 4,999 | ||
but fewer than 10,000 lead service lines in its final | ||
inventory and replacement plan shall replace all lead |
service lines, at an annual rate of no less than 5% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 20 years for completion. | ||
(4) A community water supply reporting more than 9,999 | ||
but fewer than 99,999 lead service lines in its final | ||
inventory and replacement plan shall replace all lead | ||
service lines, at an annual rate of no less than 3% of the | ||
amount described in the final inventory, with a timeline | ||
of up to 34 years for completion. | ||
(5) A community water supply reporting more than | ||
99,999 lead service lines in its final inventory and | ||
replacement plan shall replace all lead service lines, at | ||
an annual rate of no less than 2% of the amount described | ||
in the final inventory, with a timeline of up to 50 years | ||
for completion. | ||
(w) A community water supply may apply to the Agency for an | ||
extension to the replacement timelines described in paragraphs | ||
(1) through (5) of subsection (v). The Agency shall develop | ||
criteria for granting replacement timeline extensions. When | ||
considering requests for timeline extensions, the Agency | ||
shall, at a minimum, consider: | ||
(1) the number of service connections in a water | ||
supply; and | ||
(2) unusual circumstances creating hardship for a | ||
community. | ||
The Agency may grant one extension of additional time |
equal to not more than 20% of the original replacement | ||
timeline, except in situations of extreme hardship in which | ||
the Agency may consider a second additional extension equal to | ||
not more than 10% of the original replacement timeline. | ||
Replacement rates and timelines shall be calculated from | ||
the date of submission of the final plan to the Agency. | ||
(x) The Lead Service Line Replacement Advisory Board is | ||
created within the Agency. The Advisory Board shall convene | ||
within 120 days after January 1, 2022 (the effective date of | ||
Public Act 102-613). | ||
The Advisory Board shall consist of at least 28 voting | ||
members, as follows: | ||
(1) the Director of the Agency, or his or her | ||
designee, who shall serve as chairperson; | ||
(2) the Director of Revenue, or his or her designee; | ||
(3) the Director of Public Health, or his or her | ||
designee; | ||
(4) fifteen members appointed by the Agency as | ||
follows: | ||
(A) one member representing a statewide | ||
organization of municipalities as authorized by | ||
Section 1-8-1 of the Illinois Municipal Code; | ||
(B) two members who are mayors representing | ||
municipalities located in any county south of the | ||
southernmost county represented by one of the 10 | ||
largest municipalities in Illinois by population, or |
their respective designees; | ||
(C) two members who are representatives from | ||
public health advocacy groups; | ||
(D) two members who are representatives from | ||
publicly owned publicly-owned water utilities; | ||
(E) one member who is a representative from a | ||
public utility as defined under Section 3-105 of the | ||
Public Utilities Act that provides water service in | ||
the State of Illinois; | ||
(F) one member who is a research professional | ||
employed at an Illinois academic institution and | ||
specializing in water infrastructure research; | ||
(G) two members who are representatives from | ||
nonprofit civic organizations; | ||
(H) one member who is a representative from a | ||
statewide organization representing environmental | ||
organizations; | ||
(I) two members who are representatives from | ||
organized labor; and | ||
(J) one member representing an environmental | ||
justice organization; and | ||
(5) ten members who are the mayors of the 10 largest | ||
municipalities in Illinois by population, or their | ||
respective designees. | ||
No less than 10 of the 28 voting members shall be persons | ||
of color, and no less than 3 shall represent communities |
defined or self-identified as environmental justice | ||
communities. | ||
Advisory Board members shall serve without compensation, | ||
but may be reimbursed for necessary expenses incurred in the | ||
performance of their duties from funds appropriated for that | ||
purpose. The Agency shall provide administrative support to | ||
the Advisory Board. | ||
The Advisory Board shall meet no less than once every 6 | ||
months. | ||
(y) The Advisory Board shall have, at a minimum, the | ||
following duties: | ||
(1) advising the Agency on best practices in lead | ||
service line replacement; | ||
(2) reviewing the progress of community water supplies | ||
toward lead service line replacement goals; | ||
(3) advising the Agency on other matters related to | ||
the administration of the provisions of this Section; | ||
(4) advising the Agency on the integration of existing | ||
lead service line replacement plans with any statewide | ||
plan; and | ||
(5) providing technical support and practical | ||
expertise in general. | ||
(z) Within 18 months after January 1, 2022 (the effective | ||
date of Public Act 102-613), the Advisory Board shall deliver | ||
a report of its recommendations to the Governor and the | ||
General Assembly concerning opportunities for dedicated, |
long-term revenue options for funding lead service line | ||
replacement. In submitting recommendations, the Advisory Board | ||
shall consider, at a minimum, the following: | ||
(1) the sufficiency of various revenue sources to | ||
adequately fund replacement of all lead service lines in | ||
Illinois; | ||
(2) the financial burden, if any, on households | ||
falling below 150% of the federal poverty limit; | ||
(3) revenue options that guarantee low-income | ||
households are protected from rate increases; | ||
(4) an assessment of the ability of community water | ||
supplies to assess and collect revenue; | ||
(5) variations in financial resources among individual | ||
households within a service area; and | ||
(6) the protection of low-income households from rate | ||
increases. | ||
(aa) Within 10 years after January 1, 2022 (the effective | ||
date of Public Act 102-613), the Advisory Board shall prepare | ||
and deliver a report to the Governor and General Assembly | ||
concerning the status of all lead service line replacement | ||
within the State. | ||
(bb) The Lead Service Line Replacement Fund is created as | ||
a special fund in the State treasury to be used by the Agency | ||
for the purposes provided under this Section. The Fund shall | ||
be used exclusively to finance and administer programs and | ||
activities specified under this Section and listed under this |
subsection. | ||
The objective of the Fund is to finance activities | ||
associated with identifying and replacing lead service lines, | ||
build Agency capacity to oversee the provisions of this | ||
Section, and provide related assistance for the activities | ||
listed under this subsection. | ||
The Agency shall be responsible for the administration of | ||
the Fund and shall allocate moneys on the basis of priorities | ||
established by the Agency through administrative rule. On July | ||
1, 2022 and on July 1 of each year thereafter, the Agency shall | ||
determine the available amount of resources in the Fund that | ||
can be allocated to the activities identified under this | ||
Section and shall allocate the moneys accordingly. | ||
Notwithstanding any other law to the contrary, the Lead | ||
Service Line Replacement Fund is not subject to sweeps, | ||
administrative charge-backs, or any other fiscal maneuver that | ||
would in any way transfer any amounts from the Lead Service | ||
Line Replacement Fund into any other fund of the State. | ||
(cc) Within one year after January 1, 2022 (the effective | ||
date of Public Act 102-613), the Agency shall design rules for | ||
a program for the purpose of administering lead service line | ||
replacement funds. The rules must, at minimum, contain: | ||
(1) the process by which community water supplies may | ||
apply for funding; and | ||
(2) the criteria for determining unit of local | ||
government eligibility and prioritization for funding, |
including the prevalence of low-income households, as | ||
measured by median household income, the prevalence of | ||
lead service lines, and the prevalence of water samples | ||
that demonstrate elevated levels of lead. | ||
(dd) Funding under subsection (cc) shall be available for | ||
costs directly attributable to the planning, design, or | ||
construction directly related to the replacement of lead | ||
service lines and restoration of property. | ||
Funding shall not be used for the general operating | ||
expenses of a municipality or community water supply. | ||
(ee) An owner or operator of any community water supply | ||
receiving grant funding under subsection (cc) shall bear the | ||
entire expense of full lead service line replacement for all | ||
lead service lines in the scope of the grant. | ||
(ff) When replacing a lead service line, the owner or | ||
operator of the community water supply shall replace the | ||
service line in its entirety, including, but not limited to, | ||
any portion of the service line (i) running on private | ||
property and (ii) within the building's plumbing at the first | ||
shut-off valve. Partial lead service line replacements are | ||
expressly prohibited. Exceptions shall be made under the | ||
following circumstances: | ||
(1) In the event of an emergency repair that affects a | ||
lead service line or a suspected lead service line, a | ||
community water supply must contact the building owner to | ||
begin the process of replacing the entire service line. If |
the building owner is not able to be contacted or the | ||
building owner or occupant refuses to grant access and | ||
permission to replace the entire service line at the time | ||
of the emergency repair, then the community water supply | ||
may perform a partial lead service line replacement. Where | ||
an emergency repair on a service line constructed of lead | ||
or galvanized steel pipe results in a partial service line | ||
replacement, the water supply responsible for commencing | ||
the repair shall perform the following: | ||
(A) Notify the building's owner or operator and | ||
the resident or residents served by the lead service | ||
line in writing that a repair has been completed. The | ||
notification shall include, at a minimum: | ||
(i) a warning that the work may result in | ||
sediment, possibly containing lead, in the | ||
building's buildings water supply system; | ||
(ii) information concerning practices for | ||
preventing the consumption of any lead in drinking | ||
water, including a recommendation to flush water | ||
distribution pipe during and after the completion | ||
of the repair or replacement work and to clean | ||
faucet aerator screens; and | ||
(iii) information regarding the dangers of | ||
lead to young children and pregnant women. | ||
(B) Provide filters for at least one fixture | ||
supplying potable water for consumption. The filter |
must be certified by an accredited third-party | ||
certification body to NSF/ANSI 53 and NSF/ANSI 42 for | ||
the reduction of lead and particulate. The filter must | ||
be provided until such time that the remaining | ||
portions of the service line have been replaced with a | ||
material approved by the Department or a waiver has | ||
been issued under subsection (ii). | ||
(C) Replace the remaining portion of the lead | ||
service line within 30 days of the repair, or 120 days | ||
in the event of weather or other circumstances beyond | ||
reasonable control that prohibits construction. If a | ||
complete lead service line replacement cannot be made | ||
within the required period, the community water supply | ||
responsible for commencing the repair shall notify the | ||
Department in writing, at a minimum, of the following | ||
within 24 hours of the repair: | ||
(i) an explanation of why it is not feasible | ||
to replace the remaining portion of the lead | ||
service line within the allotted time; and | ||
(ii) a timeline for when the remaining portion | ||
of the lead service line will be replaced. | ||
(D) If complete repair of a lead service line | ||
cannot be completed due to denial by the property | ||
owner, the community water supply commencing the | ||
repair shall request the affected property owner to | ||
sign a waiver developed by the Department. If a |
property owner of a nonresidential building or | ||
residence operating as rental properties denies a | ||
complete lead service line replacement, the property | ||
owner shall be responsible for installing and | ||
maintaining point-of-use filters certified by an | ||
accredited third-party certification body to NSF/ANSI | ||
53 and NSF/ANSI 42 for the reduction of lead and | ||
particulate at all fixtures intended to supply water | ||
for the purposes of drinking, food preparation, or | ||
making baby formula. The filters shall continue to be | ||
supplied by the property owner until such time that | ||
the property owner has affected the remaining portions | ||
of the lead service line to be replaced. | ||
(E) Document any remaining lead service line, | ||
including a portion on the private side of the | ||
property, in the community water supply's distribution | ||
system materials inventory required under subsection | ||
(d). | ||
For the purposes of this paragraph (1), written notice | ||
shall be provided in the method and according to the | ||
provisions of subsection (jj). | ||
(2) Lead service lines that are physically | ||
disconnected from the distribution system are exempt from | ||
this subsection. | ||
(gg) Except as provided in subsection (hh), on and after | ||
January 1, 2022, when the owner or operator of a community |
water supply replaces a water main, the community water supply | ||
shall identify all lead service lines connected to the water | ||
main and shall replace the lead service lines by: | ||
(1) identifying the material or materials of each lead | ||
service line connected to the water main, including, but | ||
not limited to, any portion of the service line (i) | ||
running on private property and (ii) within the building | ||
plumbing at the first shut-off valve or 18 inches inside | ||
the building, whichever is shorter; | ||
(2) in conjunction with replacement of the water main, | ||
replacing any and all portions of each lead service line | ||
connected to the water main that are composed of lead; and | ||
(3) if a property owner or customer refuses to grant | ||
access to the property, following prescribed notice | ||
provisions as outlined in subsection (ff). | ||
If an owner of a potentially affected building intends to | ||
replace a portion of a lead service line or a galvanized | ||
service line and the galvanized service line is or was | ||
connected downstream to lead piping, then the owner of the | ||
potentially affected building shall provide the owner or | ||
operator of the community water supply with notice at least 45 | ||
days before commencing the work. In the case of an emergency | ||
repair, the owner of the potentially affected building must | ||
provide filters for each kitchen area that are certified by an | ||
accredited third-party certification body to NSF/ANSI 53 and | ||
NSF/ANSI 42 for the reduction of lead and particulate. If the |
owner of the potentially affected building notifies the owner | ||
or operator of the community water supply that replacement of | ||
a portion of the lead service line after the emergency repair | ||
is completed, then the owner or operator of the community | ||
water supply shall replace the remainder of the lead service | ||
line within 30 days after completion of the emergency repair. | ||
A community water supply may take up to 120 days if necessary | ||
due to weather conditions. If a replacement takes longer than | ||
30 days, filters provided by the owner of the potentially | ||
affected building must be replaced in accordance with the | ||
manufacturer's recommendations. Partial lead service line | ||
replacements by the owners of potentially affected buildings | ||
are otherwise prohibited. | ||
(hh) For municipalities with a population in excess of | ||
1,000,000 inhabitants, the requirements of subsection (gg) | ||
shall commence on January 1, 2023. | ||
(ii) At least 45 days before conducting planned lead | ||
service line replacement, the owner or operator of a community | ||
water supply shall, by mail, attempt to contact the owner of | ||
the potentially affected building serviced by the lead service | ||
line to request access to the building and permission to | ||
replace the lead service line in accordance with the lead | ||
service line replacement plan. If the owner of the potentially | ||
affected building does not respond to the request within 15 | ||
days after the request is sent, the owner or operator of the | ||
community water supply shall attempt to post the request on |
the entrance of the potentially affected building. | ||
If the owner or operator of a community water supply is | ||
unable to obtain approval to access and replace a lead service | ||
line, the owner or operator of the community water supply | ||
shall request that the owner of the potentially affected | ||
building sign a waiver. The waiver shall be developed by the | ||
Department and should be made available in the owner's | ||
language. If the owner of the potentially affected building | ||
refuses to sign the waiver or fails to respond to the community | ||
water supply after the community water supply has complied | ||
with this subsection, then the community water supply shall | ||
notify the Department in writing within 15 working days. | ||
(jj) When replacing a lead service line or repairing or | ||
replacing water mains with lead service lines or partial lead | ||
service lines attached to them, the owner or operator of a | ||
community water supply shall provide the owner of each | ||
potentially affected building that is serviced by the affected | ||
lead service lines or partial lead service lines, as well as | ||
the occupants of those buildings, with an individual written | ||
notice. The notice shall be delivered by mail or posted at the | ||
primary entranceway of the building. The notice must, in | ||
addition, be electronically mailed where an electronic mailing | ||
address is known or can be reasonably obtained. Written notice | ||
shall include, at a minimum, the following: | ||
(1) a warning that the work may result in sediment, | ||
possibly containing lead from the service line, in the |
building's water; | ||
(2) information concerning the best practices for | ||
preventing exposure to or risk of consumption of lead in | ||
drinking water, including a recommendation to flush water | ||
lines during and after the completion of the repair or | ||
replacement work and to clean faucet aerator screens; and | ||
(3) information regarding the dangers of lead exposure | ||
to young children and pregnant women. | ||
When the individual written notice described in the first | ||
paragraph of this subsection is required as a result of | ||
planned work other than the repair or replacement of a water | ||
meter, the owner or operator of the community water supply | ||
shall provide the notice not less than 14 days before work | ||
begins. When the individual written notice described in the | ||
first paragraph of this subsection is required as a result of | ||
emergency repairs other than the repair or replacement of a | ||
water meter, the owner or operator of the community water | ||
supply shall provide the notice at the time the work is | ||
initiated. When the individual written notice described in the | ||
first paragraph of this subsection is required as a result of | ||
the repair or replacement of a water meter, the owner or | ||
operator of the community water supply shall provide the | ||
notice at the time the work is initiated. | ||
The notifications required under this subsection must | ||
contain the following statement in Spanish, Polish, Chinese, | ||
Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This |
notice contains important information about your water service | ||
and may affect your rights. We encourage you to have this | ||
notice translated in full into a language you understand and | ||
before you make any decisions that may be required under this | ||
notice." | ||
An owner or operator of a community water supply that is | ||
required under this subsection to provide an individual | ||
written notice to the owner and occupant of a potentially | ||
affected building that is a multi-dwelling building may | ||
satisfy that requirement and the requirements of this | ||
subsection regarding notification to non-English speaking | ||
customers by posting the required notice on the primary | ||
entranceway of the building and at the location where the | ||
occupant's mail is delivered as reasonably as possible. | ||
When this subsection would require the owner or operator | ||
of a community water supply to provide an individual written | ||
notice to the entire community served by the community water | ||
supply or would require the owner or operator of a community | ||
water supply to provide individual written notices as a result | ||
of emergency repairs or when the community water supply that | ||
is required to comply with this subsection is a small system, | ||
the owner or operator of the community water supply may | ||
provide the required notice through local media outlets, | ||
social media, or other similar means in lieu of providing the | ||
individual written notices otherwise required under this | ||
subsection. |
No notifications are required under this subsection for | ||
work performed on water mains that are used to transmit | ||
treated water between community water supplies and properties | ||
that have no service connections. | ||
(kk) No community water supply that sells water to any | ||
wholesale or retail consecutive community water supply may | ||
pass on any costs associated with compliance with this Section | ||
to consecutive systems. | ||
(ll) To the extent allowed by law, when a community water | ||
supply replaces or installs a lead service line in a public | ||
right-of-way or enters into an agreement with a private | ||
contractor for replacement or installation of a lead service | ||
line, the community water supply shall be held harmless for | ||
all damage to property when replacing or installing the lead | ||
service line. If dangers are encountered that prevent the | ||
replacement of the lead service line, the community water | ||
supply shall notify the Department within 15 working days of | ||
why the replacement of the lead service line could not be | ||
accomplished. | ||
(mm) The Agency may propose to the Board, and the Board may | ||
adopt, any rules necessary to implement and administer this | ||
Section. The Department may adopt rules necessary to address | ||
lead service lines attached to non-community water supplies. | ||
(nn) Notwithstanding any other provision in this Section, | ||
no requirement in this Section shall be construed as being | ||
less stringent than existing applicable federal requirements. |
(oo) All lead service line replacements financed in whole | ||
or in part with funds obtained under this Section shall be | ||
considered public works for purposes of the Prevailing Wage | ||
Act. | ||
(pp) Beginning in 2023, each municipality with a | ||
population of more than 1,000,000 inhabitants shall publicly | ||
post on its website data describing progress the municipality | ||
has made toward replacing lead service lines within the | ||
municipality. The data required to be posted under this | ||
subsection shall be the same information required to be | ||
reported under paragraphs (1) through (4) of subsection (t-5) | ||
of this Section. Beginning in 2024, each municipality that is | ||
subject to this subsection shall annually update the data | ||
posted on its website under this subsection. A municipality's | ||
duty to post data under this subsection terminates only when | ||
all lead service lines within the municipality have been | ||
replaced. Nothing in this subsection (pp) shall be construed | ||
to replace, undermine, conflict with, or otherwise amend the | ||
responsibilities and requirements set forth in subsection | ||
(t-5) of this Section. | ||
(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22; | ||
103-167, eff. 6-30-23; revised 9-20-23.) | ||
(415 ILCS 5/22.15) | ||
Sec. 22.15. Solid Waste Management Fund; fees. | ||
(a) There is hereby created within the State Treasury a |
special fund to be known as the Solid Waste Management Fund, to | ||
be constituted from the fees collected by the State pursuant | ||
to this Section, from repayments of loans made from the Fund | ||
for solid waste projects, from registration fees collected | ||
pursuant to the Consumer Electronics Recycling Act, from fees | ||
collected under the Paint Stewardship Act, and from amounts | ||
transferred into the Fund pursuant to Public Act 100-433. | ||
Moneys received by either the Agency or the Department of | ||
Commerce and Economic Opportunity in repayment of loans made | ||
pursuant to the Illinois Solid Waste Management Act shall be | ||
deposited into the General Revenue Fund. | ||
(b) The Agency shall assess and collect a fee in the amount | ||
set forth herein from the owner or operator of each sanitary | ||
landfill permitted or required to be permitted by the Agency | ||
to dispose of solid waste if the sanitary landfill is located | ||
off the site where such waste was produced and if such sanitary | ||
landfill is owned, controlled, and operated by a person other | ||
than the generator of such waste. The Agency shall deposit all | ||
fees collected into the Solid Waste Management Fund. If a site | ||
is contiguous to one or more landfills owned or operated by the | ||
same person, the volumes permanently disposed of by each | ||
landfill shall be combined for purposes of determining the fee | ||
under this subsection. Beginning on July 1, 2018, and on the | ||
first day of each month thereafter during fiscal years 2019 | ||
through 2024, the State Comptroller shall direct and State | ||
Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
per fiscal year from the Solid Waste Management Fund to the | ||
General Revenue Fund. | ||
(1) If more than 150,000 cubic yards of non-hazardous | ||
solid waste is permanently disposed of at a site in a | ||
calendar year, the owner or operator shall either pay a | ||
fee of 95 cents per cubic yard or, alternatively, the | ||
owner or operator may weigh the quantity of the solid | ||
waste permanently disposed of with a device for which | ||
certification has been obtained under the Weights and | ||
Measures Act and pay a fee of $2.00 per ton of solid waste | ||
permanently disposed of. In no case shall the fee | ||
collected or paid by the owner or operator under this | ||
paragraph exceed $1.55 per cubic yard or $3.27 per ton. | ||
(2) If more than 100,000 cubic yards but not more than | ||
150,000 cubic yards of non-hazardous waste is permanently | ||
disposed of at a site in a calendar year, the owner or | ||
operator shall pay a fee of $52,630. | ||
(3) If more than 50,000 cubic yards but not more than | ||
100,000 cubic yards of non-hazardous solid waste is | ||
permanently disposed of at a site in a calendar year, the | ||
owner or operator shall pay a fee of $23,790. | ||
(4) If more than 10,000 cubic yards but not more than | ||
50,000 cubic yards of non-hazardous solid waste is | ||
permanently disposed of at a site in a calendar year, the | ||
owner or operator shall pay a fee of $7,260. | ||
(5) If not more than 10,000 cubic yards of |
non-hazardous solid waste is permanently disposed of at a | ||
site in a calendar year, the owner or operator shall pay a | ||
fee of $1050. | ||
(c) (Blank). | ||
(d) The Agency shall establish rules relating to the | ||
collection of the fees authorized by this Section. Such rules | ||
shall include, but not be limited to: | ||
(1) necessary records identifying the quantities of | ||
solid waste received or disposed; | ||
(2) the form and submission of reports to accompany | ||
the payment of fees to the Agency; | ||
(3) the time and manner of payment of fees to the | ||
Agency, which payments shall not be more often than | ||
quarterly; and | ||
(4) procedures setting forth criteria establishing | ||
when an owner or operator may measure by weight or volume | ||
during any given quarter or other fee payment period. | ||
(e) Pursuant to appropriation, all monies in the Solid | ||
Waste Management Fund shall be used by the Agency for the | ||
purposes set forth in this Section and in the Illinois Solid | ||
Waste Management Act, including for the costs of fee | ||
collection and administration, for administration of the Paint | ||
Stewardship Act, and for the administration of the Consumer | ||
Electronics Recycling Act, the Drug Take-Back Act, and the | ||
Statewide Recycling Needs Assessment Act. | ||
(f) The Agency is authorized to enter into such agreements |
and to promulgate such rules as are necessary to carry out its | ||
duties under this Section and the Illinois Solid Waste | ||
Management Act. | ||
(g) On the first day of January, April, July, and October | ||
of each year, beginning on July 1, 1996, the State Comptroller | ||
and Treasurer shall transfer $500,000 from the Solid Waste | ||
Management Fund to the Hazardous Waste Fund. Moneys | ||
transferred under this subsection (g) shall be used only for | ||
the purposes set forth in item (1) of subsection (d) of Section | ||
22.2. | ||
(h) The Agency is authorized to provide financial | ||
assistance to units of local government for the performance of | ||
inspecting, investigating, and enforcement activities pursuant | ||
to subsection (r) of Section 4 at nonhazardous solid waste | ||
disposal sites. | ||
(i) The Agency is authorized to conduct household waste | ||
collection and disposal programs. | ||
(j) A unit of local government, as defined in the Local | ||
Solid Waste Disposal Act, in which a solid waste disposal | ||
facility is located may establish a fee, tax, or surcharge | ||
with regard to the permanent disposal of solid waste. All | ||
fees, taxes, and surcharges collected under this subsection | ||
shall be utilized for solid waste management purposes, | ||
including long-term monitoring and maintenance of landfills, | ||
planning, implementation, inspection, enforcement and other | ||
activities consistent with the Solid Waste Management Act and |
the Local Solid Waste Disposal Act, or for any other | ||
environment-related purpose, including, but not limited to, an | ||
environment-related public works project, but not for the | ||
construction of a new pollution control facility other than a | ||
household hazardous waste facility. However, the total fee, | ||
tax or surcharge imposed by all units of local government | ||
under this subsection (j) upon the solid waste disposal | ||
facility shall not exceed: | ||
(1) 60¢ per cubic yard if more than 150,000 cubic | ||
yards of non-hazardous solid waste is permanently disposed | ||
of at the site in a calendar year, unless the owner or | ||
operator weighs the quantity of the solid waste received | ||
with a device for which certification has been obtained | ||
under the Weights and Measures Act, in which case the fee | ||
shall not exceed $1.27 per ton of solid waste permanently | ||
disposed of. | ||
(2) $33,350 if more than 100,000 cubic yards, but not | ||
more than 150,000 cubic yards, of non-hazardous waste is | ||
permanently disposed of at the site in a calendar year. | ||
(3) $15,500 if more than 50,000 cubic yards, but not | ||
more than 100,000 cubic yards, of non-hazardous solid | ||
waste is permanently disposed of at the site in a calendar | ||
year. | ||
(4) $4,650 if more than 10,000 cubic yards, but not | ||
more than 50,000 cubic yards, of non-hazardous solid waste | ||
is permanently disposed of at the site in a calendar year. |
(5) $650 if not more than 10,000 cubic yards of | ||
non-hazardous solid waste is permanently disposed of at | ||
the site in a calendar year. | ||
The corporate authorities of the unit of local government | ||
may use proceeds from the fee, tax, or surcharge to reimburse a | ||
highway commissioner whose road district lies wholly or | ||
partially within the corporate limits of the unit of local | ||
government for expenses incurred in the removal of | ||
nonhazardous, nonfluid municipal waste that has been dumped on | ||
public property in violation of a State law or local | ||
ordinance. | ||
For the disposal of solid waste from general construction | ||
or demolition debris recovery facilities as defined in | ||
subsection (a-1) of Section 3.160, the total fee, tax, or | ||
surcharge imposed by all units of local government under this | ||
subsection (j) upon the solid waste disposal facility shall | ||
not exceed 50% of the applicable amount set forth above. A unit | ||
of local government, as defined in the Local Solid Waste | ||
Disposal Act, in which a general construction or demolition | ||
debris recovery facility is located may establish a fee, tax, | ||
or surcharge on the general construction or demolition debris | ||
recovery facility with regard to the permanent disposal of | ||
solid waste by the general construction or demolition debris | ||
recovery facility at a solid waste disposal facility, provided | ||
that such fee, tax, or surcharge shall not exceed 50% of the | ||
applicable amount set forth above, based on the total amount |
of solid waste transported from the general construction or | ||
demolition debris recovery facility for disposal at solid | ||
waste disposal facilities, and the unit of local government | ||
and fee shall be subject to all other requirements of this | ||
subsection (j). | ||
A county or Municipal Joint Action Agency that imposes a | ||
fee, tax, or surcharge under this subsection may use the | ||
proceeds thereof to reimburse a municipality that lies wholly | ||
or partially within its boundaries for expenses incurred in | ||
the removal of nonhazardous, nonfluid municipal waste that has | ||
been dumped on public property in violation of a State law or | ||
local ordinance. | ||
If the fees are to be used to conduct a local sanitary | ||
landfill inspection or enforcement program, the unit of local | ||
government must enter into a written delegation agreement with | ||
the Agency pursuant to subsection (r) of Section 4. The unit of | ||
local government and the Agency shall enter into such a | ||
written delegation agreement within 60 days after the | ||
establishment of such fees. At least annually, the Agency | ||
shall conduct an audit of the expenditures made by units of | ||
local government from the funds granted by the Agency to the | ||
units of local government for purposes of local sanitary | ||
landfill inspection and enforcement programs, to ensure that | ||
the funds have been expended for the prescribed purposes under | ||
the grant. | ||
The fees, taxes or surcharges collected under this |
subsection (j) shall be placed by the unit of local government | ||
in a separate fund, and the interest received on the moneys in | ||
the fund shall be credited to the fund. The monies in the fund | ||
may be accumulated over a period of years to be expended in | ||
accordance with this subsection. | ||
A unit of local government, as defined in the Local Solid | ||
Waste Disposal Act, shall prepare and post on its website, in | ||
April of each year, a report that details spending plans for | ||
monies collected in accordance with this subsection. The | ||
report will at a minimum include the following: | ||
(1) The total monies collected pursuant to this | ||
subsection. | ||
(2) The most current balance of monies collected | ||
pursuant to this subsection. | ||
(3) An itemized accounting of all monies expended for | ||
the previous year pursuant to this subsection. | ||
(4) An estimation of monies to be collected for the | ||
following 3 years pursuant to this subsection. | ||
(5) A narrative detailing the general direction and | ||
scope of future expenditures for one, 2 and 3 years. | ||
The exemptions granted under Sections 22.16 and 22.16a, | ||
and under subsection (k) of this Section, shall be applicable | ||
to any fee, tax or surcharge imposed under this subsection | ||
(j); except that the fee, tax or surcharge authorized to be | ||
imposed under this subsection (j) may be made applicable by a | ||
unit of local government to the permanent disposal of solid |
waste after December 31, 1986, under any contract lawfully | ||
executed before June 1, 1986 under which more than 150,000 | ||
cubic yards (or 50,000 tons) of solid waste is to be | ||
permanently disposed of, even though the waste is exempt from | ||
the fee imposed by the State under subsection (b) of this | ||
Section pursuant to an exemption granted under Section 22.16. | ||
(k) In accordance with the findings and purposes of the | ||
Illinois Solid Waste Management Act, beginning January 1, 1989 | ||
the fee under subsection (b) and the fee, tax or surcharge | ||
under subsection (j) shall not apply to: | ||
(1) waste which is hazardous waste; | ||
(2) waste which is pollution control waste; | ||
(3) waste from recycling, reclamation or reuse | ||
processes which have been approved by the Agency as being | ||
designed to remove any contaminant from wastes so as to | ||
render such wastes reusable, provided that the process | ||
renders at least 50% of the waste reusable; the exemption | ||
set forth in this paragraph (3) of this subsection (k) | ||
shall not apply to general construction or demolition | ||
debris recovery facilities as defined in subsection (a-1) | ||
of Section 3.160; | ||
(4) non-hazardous solid waste that is received at a | ||
sanitary landfill and composted or recycled through a | ||
process permitted by the Agency; or | ||
(5) any landfill which is permitted by the Agency to | ||
receive only demolition or construction debris or |
landscape waste. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; | ||
102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. | ||
5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, | ||
eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; | ||
revised 12-15-23.) | ||
(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031) | ||
Sec. 31. Notice; complaint; hearing. | ||
(a)(1) Within 180 days after becoming aware of an alleged | ||
violation of this the Act, any rule adopted under this the Act, | ||
a permit granted by the Agency, or a condition of such a | ||
permit, the Agency shall issue and serve, by certified mail, | ||
upon the person complained against a written notice informing | ||
that person that the Agency has evidence of the alleged | ||
violation. At a minimum, the written notice shall contain: | ||
(A) a notification to the person complained against of | ||
the requirement to submit a written response addressing | ||
the violations alleged and the option to meet with | ||
appropriate agency personnel to resolve any alleged | ||
violations that could lead to the filing of a formal | ||
complaint; | ||
(B) a detailed explanation by the Agency of the | ||
violations alleged; | ||
(C) an explanation by the Agency of the actions that | ||
the Agency believes may resolve the alleged violations, |
including an estimate of a reasonable time period for the | ||
person complained against to complete the suggested | ||
resolution; and | ||
(D) an explanation of any alleged violation that the | ||
Agency believes cannot be resolved without the involvement | ||
of the Office of the Illinois Attorney General or the | ||
State's Attorney of the county in which the alleged | ||
violation occurred and the basis for the Agency's belief. | ||
(2) A written response to the violations alleged shall be | ||
submitted to the Agency, by certified mail, within 45 days | ||
after receipt of notice by the person complained against, or | ||
within an extended time period as agreed to by the Agency and | ||
person complained against. The written response shall include: | ||
(A) information in rebuttal, explanation , or | ||
justification of each alleged violation; | ||
(B) if the person complained against desires to enter | ||
into a Compliance Commitment Agreement, proposed terms for | ||
a Compliance Commitment Agreement that includes specified | ||
times for achieving each commitment and which may consist | ||
of a statement indicating that the person complained | ||
against believes that compliance has been achieved; and | ||
(C) a request for a meeting with appropriate Agency | ||
personnel if a meeting is desired by the person complained | ||
against. | ||
(3) If the person complained against fails to respond in | ||
accordance with the requirements of subdivision (2) of this |
subsection (a), the failure to respond shall be considered a | ||
waiver of the requirements of this subsection (a) and nothing | ||
in this Section shall preclude the Agency from proceeding | ||
pursuant to subsection (b) of this Section. | ||
(4) A meeting requested pursuant to subdivision (2) of | ||
this subsection (a) shall be held without a representative of | ||
the Office of the Illinois Attorney General or the State's | ||
Attorney of the county in which the alleged violation | ||
occurred, within 60 days after receipt of notice by the person | ||
complained against, or within an extended time period as | ||
agreed to by the Agency and person complained against. At the | ||
meeting, the Agency shall provide an opportunity for the | ||
person complained against to respond to each alleged | ||
violation, suggested resolution, and suggested implementation | ||
time frame, and to suggest alternate resolutions. | ||
(5) If a meeting requested pursuant to subdivision (2) of | ||
this subsection (a) is held, the person complained against | ||
shall, within 21 days following the meeting or within an | ||
extended time period as agreed to by the Agency and person | ||
complained against, submit by certified mail to the Agency a | ||
written response to the alleged violations. The written | ||
response shall include: | ||
(A) additional information in rebuttal, explanation, | ||
or justification of each alleged violation; | ||
(B) if the person complained against desires to enter | ||
into a Compliance Commitment Agreement, proposed terms for |
a Compliance Commitment Agreement that includes specified | ||
times for achieving each commitment and which may consist | ||
of a statement indicating that the person complained | ||
against believes that compliance has been achieved; and | ||
(C) a statement indicating that, should the person | ||
complained against so wish, the person complained against | ||
chooses to rely upon the initial written response | ||
submitted pursuant to subdivision (2) of this subsection | ||
(a). | ||
(6) If the person complained against fails to respond in | ||
accordance with the requirements of subdivision (5) of this | ||
subsection (a), the failure to respond shall be considered a | ||
waiver of the requirements of this subsection (a) and nothing | ||
in this Section shall preclude the Agency from proceeding | ||
pursuant to subsection (b) of this Section. | ||
(7) Within 30 days after the Agency's receipt of a written | ||
response submitted by the person complained against pursuant | ||
to subdivision (2) of this subsection (a) if a meeting is not | ||
requested or pursuant to subdivision (5) of this subsection | ||
(a) if a meeting is held, or within a later time period as | ||
agreed to by the Agency and the person complained against, the | ||
Agency shall issue and serve, by certified mail, upon the | ||
person complained against (i) a proposed Compliance Commitment | ||
Agreement or (ii) a notice that one or more violations cannot | ||
be resolved without the involvement of the Office of the | ||
Attorney General or the State's Attorney of the county in |
which the alleged violation occurred and that no proposed | ||
Compliance Commitment Agreement will be issued by the Agency | ||
for those violations. The Agency shall include terms and | ||
conditions in the proposed Compliance Commitment Agreement | ||
that are, in its discretion, necessary to bring the person | ||
complained against into compliance with the Act, any rule | ||
adopted under the Act, any permit granted by the Agency, or any | ||
condition of such a permit. The Agency shall take into | ||
consideration the proposed terms for the proposed Compliance | ||
Commitment Agreement that were provided under subdivision | ||
(a)(2)(B) or (a)(5)(B) of this Section by the person | ||
complained against. | ||
(7.5) Within 30 days after the receipt of the Agency's | ||
proposed Compliance Commitment Agreement by the person | ||
complained against, or within a later time period not to | ||
exceed an additional 30 days as agreed to by the Agency and the | ||
person complained against, the person shall either (i) agree | ||
to and sign the proposed Compliance Commitment Agreement | ||
provided by the Agency and submit the signed Compliance | ||
Commitment Agreement to the Agency by certified mail or (ii) | ||
notify the Agency in writing by certified mail of the person's | ||
rejection of the proposed Compliance Commitment Agreement. If | ||
the person complained against fails to respond to the proposed | ||
Compliance Commitment Agreement within 30 days as required | ||
under this paragraph, the proposed Compliance Commitment | ||
Agreement is deemed rejected by operation of law. Any |
Compliance Commitment Agreement entered into under item (i) of | ||
this paragraph may be amended subsequently in writing by | ||
mutual agreement between the Agency and the signatory to the | ||
Compliance Commitment Agreement, the signatory's legal | ||
representative, or the signatory's agent. | ||
(7.6) No person shall violate the terms or conditions of a | ||
Compliance Commitment Agreement entered into under subdivision | ||
(a)(7.5) of this Section. Successful completion of a | ||
Compliance Commitment Agreement or an amended Compliance | ||
Commitment Agreement shall be a factor to be weighed, in favor | ||
of the person completing the Agreement, by the Office of the | ||
Illinois Attorney General in determining whether to file a | ||
complaint for the violations that were the subject of the | ||
Agreement. | ||
(7.7) Within 30 days after a Compliance Commitment | ||
Agreement takes effect or is amended in accordance with | ||
paragraph (7.5), the Agency shall publish a copy of the final | ||
executed Compliance Commitment Agreement on the Agency's | ||
website. The Agency shall maintain an Internet database of all | ||
Compliance Commitment Agreements entered on or after August | ||
24, 2018 ( the effective date of Public Act 100-1080) this | ||
amendatory Act of the 100th General Assembly . At a minimum, | ||
the database shall be searchable by the following categories: | ||
the county in which the facility that is subject to the | ||
Compliance Commitment Agreement is located; the date of final | ||
execution of the Compliance Commitment Agreement; the name of |
the respondent; and the media involved, including air, water, | ||
land, or public water supply. | ||
(8) Nothing in this subsection (a) is intended to require | ||
the Agency to enter into Compliance Commitment Agreements for | ||
any alleged violation that the Agency believes cannot be | ||
resolved without the involvement of the Office of the Attorney | ||
General or the State's Attorney of the county in which the | ||
alleged violation occurred, for, among other purposes, the | ||
imposition of statutory penalties. | ||
(9) The Agency's failure to respond within 30 days of | ||
receipt to a written response submitted pursuant to | ||
subdivision (2) of this subsection (a) if a meeting is not | ||
requested or pursuant to subdivision (5) of this subsection | ||
(a) if a meeting is held, or within the time period otherwise | ||
agreed to in writing by the Agency and the person complained | ||
against, shall be deemed an acceptance by the Agency of the | ||
proposed terms of the Compliance Commitment Agreement for the | ||
violations alleged in the written notice issued under | ||
subdivision (1) of this subsection (a) as contained within the | ||
written response. | ||
(10) If the person complained against complies with the | ||
terms of a Compliance Commitment Agreement accepted pursuant | ||
to this subsection (a), the Agency shall not refer the alleged | ||
violations which are the subject of the Compliance Commitment | ||
Agreement to the Office of the Illinois Attorney General or | ||
the State's Attorney of the county in which the alleged |
violation occurred. However, nothing in this subsection is | ||
intended to preclude the Agency from continuing negotiations | ||
with the person complained against or from proceeding pursuant | ||
to the provisions of subsection (b) of this Section for | ||
alleged violations that remain the subject of disagreement | ||
between the Agency and the person complained against following | ||
fulfillment of the requirements of this subsection (a). | ||
(11) Nothing in this subsection (a) is intended to | ||
preclude the person complained against from submitting to the | ||
Agency, by certified mail, at any time, notification that the | ||
person complained against consents to waiver of the | ||
requirements of subsections (a) and (b) of this Section. | ||
(12) The Agency shall have the authority to adopt rules | ||
for the administration of this subsection (a) of this Section . | ||
The rules shall be adopted in accordance with the provisions | ||
of the Illinois Administrative Procedure Act. | ||
(b) For alleged violations that remain the subject of | ||
disagreement between the Agency and the person complained | ||
against following fulfillment of the requirements of | ||
subsection (a) of this Section, and for alleged violations of | ||
the terms or conditions of a Compliance Commitment Agreement | ||
entered into under subdivision (a)(7.5) of this Section as | ||
well as the alleged violations that are the subject of the | ||
Compliance Commitment Agreement, and as a precondition to the | ||
Agency's referral or request to the Office of the Illinois | ||
Attorney General or the State's Attorney of the county in |
which the alleged violation occurred for legal representation | ||
regarding an alleged violation that may be addressed pursuant | ||
to subsection (c) or (d) of this Section or pursuant to Section | ||
42 of this Act, the Agency shall issue and serve, by certified | ||
mail, upon the person complained against a written notice | ||
informing that person that the Agency intends to pursue legal | ||
action. Such notice shall notify the person complained against | ||
of the violations to be alleged and offer the person an | ||
opportunity to meet with appropriate Agency personnel in an | ||
effort to resolve any alleged violations that could lead to | ||
the filing of a formal complaint. The meeting with Agency | ||
personnel shall be held within 30 days after receipt of notice | ||
served pursuant to this subsection upon the person complained | ||
against, unless the Agency agrees to a postponement or the | ||
person notifies the Agency that he or she will not appear at a | ||
meeting within the 30-day time period. Nothing in this | ||
subsection is intended to preclude the Agency from following | ||
the provisions of subsection (c) or (d) of this Section or from | ||
requesting the legal representation of the Office of the | ||
Illinois Attorney General or the State's Attorney of the | ||
county in which the alleged violations occurred for alleged | ||
violations which remain the subject of disagreement between | ||
the Agency and the person complained against after the | ||
provisions of this subsection are fulfilled. | ||
(c)(1) For alleged violations which remain the subject of | ||
disagreement between the Agency and the person complained |
against following waiver pursuant to subdivision (10) of | ||
subsection (a) of this Section or fulfillment of the | ||
requirements of subsections (a) and (b) of this Section, the | ||
Office of the Illinois Attorney General or the State's | ||
Attorney of the county in which the alleged violation occurred | ||
shall issue and serve upon the person complained against a | ||
written notice, together with a formal complaint, which shall | ||
specify the provision of the Act, rule, regulation, permit, or | ||
term or condition thereof under which such person is said to be | ||
in violation and a statement of the manner in and the extent to | ||
which such person is said to violate the Act, rule, | ||
regulation, permit, or term or condition thereof and shall | ||
require the person so complained against to answer the charges | ||
of such formal complaint at a hearing before the Board at a | ||
time not less than 21 days after the date of notice by the | ||
Board, except as provided in Section 34 of this Act. Such | ||
complaint shall be accompanied by a notification to the | ||
defendant that financing may be available, through the | ||
Illinois Environmental Facilities Financing Act, to correct | ||
such violation. A copy of such notice of such hearings shall | ||
also be sent to any person who that has complained to the | ||
Agency respecting the respondent within the six months | ||
preceding the date of the complaint, and to any person in the | ||
county in which the offending activity occurred that has | ||
requested notice of enforcement proceedings; 21 days notice of | ||
such hearings shall also be published in a newspaper of |
general circulation in such county. The respondent may file a | ||
written answer, and at such hearing the rules prescribed in | ||
Sections 32 and 33 of this Act shall apply. In the case of | ||
actual or threatened acts outside Illinois contributing to | ||
environmental damage in Illinois, the extraterritorial | ||
service-of-process provisions of Sections 2-208 and 2-209 of | ||
the Code of Civil Procedure shall apply. | ||
With respect to notices served pursuant to this subsection | ||
(c)(1) that involve hazardous material or wastes in any | ||
manner, the Agency shall annually publish a list of all such | ||
notices served. The list shall include the date the | ||
investigation commenced, the date notice was sent, the date | ||
the matter was referred to the Attorney General, if | ||
applicable, and the current status of the matter. | ||
(2) Notwithstanding the provisions of subdivision (1) of | ||
this subsection (c), whenever a complaint has been filed on | ||
behalf of the Agency or by the People of the State of Illinois, | ||
the parties may file with the Board a stipulation and proposal | ||
for settlement accompanied by a request for relief from the | ||
requirement of a hearing pursuant to subdivision (1). Unless | ||
the Board, in its discretion, concludes that a hearing will be | ||
held, the Board shall cause notice of the stipulation, | ||
proposal and request for relief to be published and sent in the | ||
same manner as is required for hearing pursuant to subdivision | ||
(1) of this subsection. The notice shall include a statement | ||
that any person may file a written demand for hearing within 21 |
days after receiving the notice. If any person files a timely | ||
written demand for hearing, the Board shall deny the request | ||
for relief from a hearing and shall hold a hearing in | ||
accordance with the provisions of subdivision (1). | ||
(3) Notwithstanding the provisions of subdivision (1) of | ||
this subsection (c), if the Agency becomes aware of a | ||
violation of this Act arising from, or as a result of, | ||
voluntary pollution prevention activities, the Agency shall | ||
not proceed with the written notice required by subsection (a) | ||
of this Section unless: | ||
(A) the person fails to take corrective action or | ||
eliminate the reported violation within a reasonable time; | ||
or | ||
(B) the Agency believes that the violation poses a | ||
substantial and imminent danger to the public health or | ||
welfare or the environment. For the purposes of this item | ||
(B), "substantial and imminent danger" means a danger with | ||
a likelihood of serious or irreversible harm. | ||
(d)(1) Any person may file with the Board a complaint, | ||
meeting the requirements of subsection (c) of this Section, | ||
against any person allegedly violating this Act, any rule or | ||
regulation adopted under this Act, any permit or term or | ||
condition of a permit, or any Board order. The complainant | ||
shall immediately serve a copy of such complaint upon the | ||
person or persons named therein. Unless the Board determines | ||
that such complaint is duplicative or frivolous, it shall |
schedule a hearing and serve written notice thereof upon the | ||
person or persons named therein, in accord with subsection (c) | ||
of this Section. | ||
(2) Whenever a complaint has been filed by a person other | ||
than the Attorney General or the State's Attorney, the parties | ||
may file with the Board a stipulation and proposal for | ||
settlement accompanied by a request for relief from the | ||
hearing requirement of subdivision (c)(1) of this Section. | ||
Unless the Board, in its discretion, concludes that a hearing | ||
should be held, no hearing on the stipulation and proposal for | ||
settlement is required. | ||
(e) In hearings before the Board under this Title the | ||
burden shall be on the Agency or other complainant to show | ||
either that the respondent has caused or threatened to cause | ||
air or water pollution or that the respondent has violated or | ||
threatens to violate any provision of this Act or any rule or | ||
regulation of the Board or permit or term or condition | ||
thereof. If such proof has been made, the burden shall be on | ||
the respondent to show that compliance with the Board's | ||
regulations would impose an arbitrary or unreasonable | ||
hardship. | ||
(f) The provisions of this Section shall not apply to | ||
administrative citation actions commenced under Section 31.1 | ||
of this Act. | ||
(Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.) |
(415 ILCS 5/58.5) | ||
Sec. 58.5. Risk-based remediation objectives. | ||
(a) Determination of remediation objectives. This Section | ||
establishes the procedures for determining risk-based | ||
remediation objectives. | ||
(b) Background area remediation objectives. | ||
(1) Except as provided in subdivisions (b)(2) or | ||
(b)(3) of this Section, remediation objectives established | ||
under this Section shall not require remediation of | ||
regulated substances to levels that are less than area | ||
background levels. | ||
(2) In the event that the concentration of a regulated | ||
substance of concern on the site exceeds a remediation | ||
objective adopted by the Board for residential land use, | ||
the property may not be converted to residential use | ||
unless such remediation objective or an alternate | ||
risk-based remediation objective for that regulated | ||
substance of concern is first achieved. | ||
(3) In the event that the Agency has determined in | ||
writing that the background level for a regulated | ||
substance poses an acute threat to human health or the | ||
environment at the site when considering the post-remedial | ||
action land use, the RA shall develop appropriate | ||
risk-based remediation objectives in accordance with this | ||
Section. | ||
(c) Regulations establishing remediation objectives and |
methodologies for deriving remediation objectives for | ||
individual or classes of regulated substances shall be adopted | ||
by the Board in accordance with this Section and Section | ||
58.11. | ||
(1) The regulations shall provide for the adoption of | ||
a three-tiered process for an a RA to establish | ||
remediation objectives protective of human health and the | ||
environment based on identified risks and specific site | ||
characteristics at and around the site. | ||
(2) The regulations shall provide procedures for using | ||
alternative tiers in developing remediation objectives for | ||
multiple regulated substances. | ||
(3) The regulations shall provide procedures for | ||
determining area background contaminant levels. | ||
(4) The methodologies adopted under this Section shall | ||
ensure that the following factors are taken into account | ||
in determining remediation objectives: | ||
(A) potential risks posed by carcinogens and | ||
noncarcinogens; and | ||
(B) the presence of multiple substances of concern | ||
and multiple exposure pathways. | ||
(d) In developing remediation objectives under subsection | ||
(c) of this Section, the methodology proposed and adopted | ||
shall establish tiers addressing manmade and natural pathways | ||
of exposure, including , but not limited to , human ingestion, | ||
human inhalation, and groundwater protection. For carcinogens, |
soil and groundwater remediation objectives shall be | ||
established at exposures that represent an excess upper-bound | ||
lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as | ||
appropriate for the post-remedial action use, except that | ||
remediation objectives protecting residential use shall be | ||
based on exposures that represent an excess upper-bound | ||
lifetime risk of 1 in 1,000,000. No groundwater remediation | ||
objective adopted pursuant to this Section shall be more | ||
restrictive than the applicable Class I or Class III | ||
Groundwater Quality Standard adopted by the Board. At a | ||
minimum, the objectives shall include the following: | ||
(1) Tier I remediation objectives expressed as a table | ||
of numeric values for soil and groundwater. Such | ||
objectives may be of different values dependent on | ||
potential pathways at the site and different land uses, | ||
including residential and nonresidential uses. | ||
(2) Tier II remediation objectives shall include the | ||
formulae and equations used to derive the Tier II | ||
objectives and input variables for use in the formulae. | ||
The RA may alter the input variables when it is | ||
demonstrated that the specific circumstances at and around | ||
the site including land uses warrant such alternate | ||
variables. | ||
(3) Tier III remediation objectives shall include | ||
methodologies to allow for the development of | ||
site-specific risk-based remediation objectives for soil |
or groundwater, or both, for regulated substances. Such | ||
methodology shall allow for different remediation | ||
objectives for residential and various categories of | ||
non-residential land uses. The Board's future adoption of | ||
a methodology pursuant to this Section shall in no way | ||
preclude the use of a nationally recognized methodology to | ||
be used for the development of site-specific risk-based | ||
objectives for regulated substances under this Section. In | ||
determining Tier III remediation objectives under this | ||
subsection, all of the following factors shall be | ||
considered: | ||
(A) The use of specific site characteristic data. | ||
(B) The use of appropriate exposure factors for | ||
the current and currently planned future land use of | ||
the site and adjacent property and the effectiveness | ||
of engineering, institutional, or legal controls | ||
placed on the current or future use of the site. | ||
(C) The use of appropriate statistical | ||
methodologies to establish statistically valid | ||
remediation objectives. | ||
(D) The actual and potential impact of regulated | ||
substances to receptors. | ||
(4) For regulated substances that have a groundwater | ||
quality standard established pursuant to the Illinois | ||
Groundwater Protection Act and rules promulgated | ||
thereunder, site specific groundwater remediation |
objectives may be proposed under the methodology | ||
established in subdivision (d)(3) of this Section at | ||
values greater than the groundwater quality standards. | ||
(A) The RA proposing any site specific groundwater | ||
remediation objective at a value greater than the | ||
applicable groundwater quality standard shall | ||
demonstrate: | ||
(i) To the extent practical, the exceedance of | ||
the groundwater quality standard has been | ||
minimized and beneficial use appropriate to the | ||
groundwater that was impacted has been returned; | ||
and | ||
(ii) Any threat to human health or the | ||
environment has been minimized. | ||
(B) The rules proposed by the Agency and adopted | ||
by the Board under this Section shall include criteria | ||
required for the demonstration of the suitability of | ||
groundwater objectives proposed under subdivision (b) | ||
(4) (A) of this Section. | ||
(e) The rules proposed by the Agency and adopted by the | ||
Board under this Section shall include conditions for the | ||
establishment and duration of groundwater management zones by | ||
rule, as appropriate, at sites undergoing remedial action | ||
under this Title. | ||
(f) Until such time as the Board adopts remediation | ||
objectives under this Section, the remediation objectives |
adopted by the Board under Title XVI of this Act shall apply to | ||
all environmental assessments and soil or groundwater remedial | ||
action conducted under this Title. | ||
(Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.) | ||
(415 ILCS 5/58.6) | ||
Sec. 58.6. Remedial investigations and reports. | ||
(a) Any RA who proceeds under this Title may elect to seek | ||
review and approval for any of the remediation objectives | ||
provided in Section 58.5 for any or all regulated substances | ||
of concern. The RA shall conduct investigations and remedial | ||
activities for regulated substances of concern and prepare | ||
plans and reports in accordance with this Section and rules | ||
adopted hereunder. The RA shall submit the plans and reports | ||
for review and approval in accordance with Section 58.7. All | ||
investigations, plans, and reports conducted or prepared under | ||
this Section shall be under the supervision of a Licensed | ||
Professional Engineer (LPE) or, in the case of a site | ||
investigation only, a Licensed Professional Geologist in | ||
accordance with the requirements of this Title. | ||
(b) (1) Site investigation and Site Investigation Report. | ||
(1) The RA shall conduct a site investigation to | ||
determine the significant physical features of the site | ||
and vicinity that may affect contaminant transport and | ||
risk to human health, safety, and the environment and to | ||
determine the nature, concentration, direction and rate of |
movement, and extent of the contamination at the site. | ||
(2) The RA shall compile the results of the | ||
investigations into a Site Investigation Report. At a | ||
minimum, the reports shall include the following, as | ||
applicable: | ||
(A) Executive summary; | ||
(B) Site history; | ||
(C) Site-specific sampling methods and results; | ||
(D) Documentation of field activities, including | ||
quality assurance project plan; | ||
(E) Interpretation of results; and | ||
(F) Conclusions. | ||
(c) Remediation Objectives Report. | ||
(1) If an a RA elects to determine remediation | ||
objectives appropriate for the site using the Tier II or | ||
Tier III procedures under subsection (d) of Section 58.5, | ||
the RA shall develop such remediation objectives based on | ||
site-specific information. In support of such remediation | ||
objectives, the RA shall prepare a Remediation Objectives | ||
Report demonstrating how the site-specific objectives were | ||
calculated or otherwise determined. | ||
(2) If an a RA elects to determine remediation | ||
objectives appropriate for the site using the area | ||
background procedures under subsection (b) of Section | ||
58.5, the RA shall develop such remediation objectives | ||
based on site-specific literature review, sampling |
protocol, or appropriate statistical methods in accordance | ||
with Board rules. In support of such remediation | ||
objectives, the RA shall prepare a Remediation Objectives | ||
Report demonstrating how the area background remediation | ||
objectives were determined. | ||
(d) Remedial Action Plan. If the approved remediation | ||
objectives for any regulated substance established under | ||
Section 58.5 are less than the levels existing at the site | ||
prior to any remedial action, the RA shall prepare a Remedial | ||
Action Plan. The Remedial Action Plan shall describe the | ||
selected remedy and evaluate its ability and effectiveness to | ||
achieve the remediation objectives approved for the site. At a | ||
minimum, the reports shall include the following, as | ||
applicable: | ||
(1) Executive summary; | ||
(2) Statement of remediation objectives; | ||
(3) Remedial technologies selected; | ||
(4) Confirmation sampling plan; | ||
(5) Current and projected future use of the property; | ||
and | ||
(6) Applicable preventive, engineering, and | ||
institutional controls including long-term reliability, | ||
operating, and maintenance plans, and monitoring | ||
procedures. | ||
(e) Remedial Action Completion Report. | ||
(1) Upon completion of the Remedial Action Plan, the |
RA shall prepare a Remedial Action Completion Report. The | ||
report shall demonstrate whether the remedial action was | ||
completed in accordance with the approved Remedial Action | ||
Plan and whether the remediation objectives, as well as | ||
any other requirements of the plan, have been attained. | ||
(2) If the approved remediation objectives for the | ||
regulated substances of concern established under Section | ||
58.5 are equal to or above the levels existing at the site | ||
prior to any remedial action, notification and | ||
documentation of such shall constitute the entire Remedial | ||
Action Completion Report for purposes of this Title. | ||
(f) Ability to proceed. The RA may elect to prepare and | ||
submit for review and approval any and all reports or plans | ||
required under the provisions of this Section individually, | ||
following completion of each such activity; concurrently, | ||
following completion of all activities; or in any other | ||
combination. In any event, the review and approval process | ||
shall proceed in accordance with Section 58.7 and rules | ||
adopted thereunder. | ||
(g) Nothing in this Section shall prevent an RA from | ||
implementing or conducting an interim or any other remedial | ||
measure prior to election to proceed under Section 58.6. | ||
(h) In accordance with Section 58.11, the Agency shall | ||
propose and the Board shall adopt rules to carry out the | ||
purposes of this Section. | ||
(Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.) |
(415 ILCS 5/58.7) | ||
Sec. 58.7. Review and approvals. | ||
(a) Requirements. All plans and reports that are submitted | ||
pursuant to this Title shall be submitted for review or | ||
approval in accordance with this Section. | ||
(b) Review and evaluation by the Agency. | ||
(1) Except for sites excluded under subdivision (a)(2) | ||
of Section 58.1, the Agency shall, subject to available | ||
resources, agree to provide review and evaluation services | ||
for activities carried out pursuant to this Title for | ||
which the RA requested the services in writing. As a | ||
condition for providing such services, the Agency may | ||
require that the RA for a site: | ||
(A) Conform with the procedures of this Title; | ||
(B) Allow for or otherwise arrange site visits or | ||
other site evaluation by the Agency when so requested; | ||
(C) Agree to perform the Remedial Action Plan as | ||
approved under this Title; | ||
(D) Agree to pay any reasonable costs incurred and | ||
documented by the Agency in providing such services; | ||
(E) Make an advance partial payment to the Agency | ||
for such anticipated services in the amount of $2,500; | ||
and | ||
(F) Demonstrate, if necessary, authority to act on | ||
behalf of or in lieu of the owner or operator. |
(2) Any moneys received by the State for costs | ||
incurred by the Agency in performing review or evaluation | ||
services for actions conducted pursuant to this Title | ||
shall be deposited in the Hazardous Waste Fund. | ||
(3) An RA requesting services under subdivision (b) | ||
(1) of this Section may, at any time, notify the Agency, in | ||
writing, that Agency services previously requested are no | ||
longer wanted. Within 180 days after receipt of the | ||
notice, the Agency shall provide the RA with a final | ||
invoice for services provided until the date of such | ||
notifications. | ||
(4) The Agency may invoice or otherwise request or | ||
demand payment from an a RA for costs incurred by the | ||
Agency in performing review or evaluation services for | ||
actions by the RA at sites only if: | ||
(A) The Agency has incurred costs in performing | ||
response actions, other than review or evaluation | ||
services, due to the failure of the RA to take response | ||
action in accordance with a notice issued pursuant to | ||
this Act; | ||
(B) The RA has agreed in writing to the payment of | ||
such costs; | ||
(C) The RA has been ordered to pay such costs by | ||
the Board or a court of competent jurisdiction | ||
pursuant to this Act; or | ||
(D) The RA has requested or has consented to |
Agency review or evaluation services under subdivision | ||
(b)(1) of this Section. | ||
(5) The Agency may, subject to available resources, | ||
agree to provide review and evaluation services for | ||
response actions if there is a written agreement among | ||
parties to a legal action or if a notice to perform a | ||
response action has been issued by the Agency. | ||
(c) Review and evaluation by a RELPEG. An A RA may elect to | ||
contract with a Licensed Professional Engineer or, in the case | ||
of a site investigation report only, a Licensed Professional | ||
Geologist, who will perform review and evaluation services on | ||
behalf of and under the direction of the Agency relative to the | ||
site activities. | ||
(1) Prior to entering into the contract with the | ||
RELPEG, the RA shall notify the Agency of the RELPEG to be | ||
selected. The Agency and the RA shall discuss the | ||
potential terms of the contract. | ||
(2) At a minimum, the contract with the RELPEG shall | ||
provide that the RELPEG will submit any reports directly | ||
to the Agency, will take his or her directions for work | ||
assignments from the Agency, and will perform the assigned | ||
work on behalf of the Agency. | ||
(3) Reasonable costs incurred by the Agency shall be | ||
paid by the RA directly to the Agency in accordance with | ||
the terms of the review and evaluation services agreement | ||
entered into under subdivision (b)(1) of Section 58.7. |
(4) In no event shall the RELPEG acting on behalf of | ||
the Agency be an employee of the RA or the owner or | ||
operator of the site or be an employee of any other person | ||
the RA has contracted to provide services relative to the | ||
site. | ||
(d) Review and approval. All reviews required under this | ||
Title shall be carried out by the Agency or a RELPEG contracted | ||
by the RA pursuant to subsection (c). | ||
(1) All review activities conducted by the Agency or a | ||
RELPEG shall be carried out in conformance with this Title | ||
and rules promulgated under Section 58.11. | ||
(2) Subject to the limitations in subsection (c) and | ||
this subsection (d), the specific plans, reports, and | ||
activities that the Agency or a RELPEG may review include: | ||
(A) Site Investigation Reports and related | ||
activities; | ||
(B) Remediation Objectives Reports; | ||
(C) Remedial Action Plans and related activities; | ||
and | ||
(D) Remedial Action Completion Reports and related | ||
activities. | ||
(3) Only the Agency shall have the authority to | ||
approve, disapprove, or approve with conditions a plan or | ||
report as a result of the review process including those | ||
plans and reports reviewed by a RELPEG. If the Agency | ||
disapproves a plan or report or approves a plan or report |
with conditions, the written notification required by | ||
subdivision (d)(4) of this Section shall contain the | ||
following information, as applicable: | ||
(A) An explanation of the Sections of this Title | ||
that may be violated if the plan or report was | ||
approved; | ||
(B) An explanation of the provisions of the rules | ||
promulgated under this Title that may be violated if | ||
the plan or report was approved; | ||
(C) An explanation of the specific type of | ||
information, if any, that the Agency deems the | ||
applicant did not provide the Agency; | ||
(D) A statement of specific reasons why the Title | ||
and regulations might not be met if the plan or report | ||
were approved; and | ||
(E) An explanation of the reasons for conditions | ||
if conditions are required. | ||
(4) Upon approving, disapproving, or approving with | ||
conditions a plan or report, the Agency shall notify the | ||
RA in writing of its decision. In the case of approval or | ||
approval with conditions of a Remedial Action Completion | ||
Report, the Agency shall prepare a No Further Remediation | ||
Letter that meets the requirements of Section 58.10 and | ||
send a copy of the letter to the RA. | ||
(5) All reviews undertaken by the Agency or a RELPEG | ||
shall be completed and the decisions communicated to the |
RA within 60 days of the request for review or approval of | ||
a single plan or report and within 90 days after the | ||
request for review or approval of 2 or more plans or | ||
reports submitted concurrently. The RA may waive the | ||
deadline upon a request from the Agency. If the Agency | ||
disapproves or approves with conditions a plan or report | ||
or fails to issue a final decision within the applicable | ||
60-day or 90-day period and the RA has not agreed to a | ||
waiver of the deadline, the RA may, within 35 days, file an | ||
appeal to the Board. Appeals to the Board shall be in the | ||
manner provided for the review of permit decisions in | ||
Section 40 of this Act. | ||
(e) Standard of review. In making determinations, the | ||
following factors, and additional factors as may be adopted by | ||
the Board in accordance with Section 58.11, shall be | ||
considered by the Agency when reviewing or approving plans, | ||
reports, and related activities, or the RELPEG, when reviewing | ||
plans, reports, and related activities: | ||
(1) Site Investigation Reports and related activities: | ||
Whether investigations have been conducted and the results | ||
compiled in accordance with the appropriate procedures and | ||
whether the interpretations and conclusions reached are | ||
supported by the information gathered. In making the | ||
determination, the following factors shall be considered: | ||
(A) The adequacy of the description of the site | ||
and site characteristics that were used to evaluate |
the site; | ||
(B) The adequacy of the investigation of potential | ||
pathways and risks to receptors identified at the | ||
site; and | ||
(C) The appropriateness of the sampling and | ||
analysis used. | ||
(2) Remediation Objectives Reports: Whether the | ||
remediation objectives are consistent with the | ||
requirements of the applicable method for selecting or | ||
determining remediation objectives under Section 58.5. In | ||
making the determination, the following factors shall be | ||
considered: | ||
(A) If the objectives were based on the | ||
determination of area background levels under | ||
subsection (b) of Section 58.5, whether the review of | ||
current and historic conditions at or in the immediate | ||
vicinity of the site has been thorough and whether the | ||
site sampling and analysis has been performed in a | ||
manner resulting in accurate determinations; | ||
(B) If the objectives were calculated on the basis | ||
of predetermined equations using site specific data, | ||
whether the calculations were accurately performed and | ||
whether the site specific data reflect actual site | ||
conditions; and | ||
(C) If the objectives were determined using a site | ||
specific risk assessment procedure, whether the |
procedure used is nationally recognized and accepted, | ||
whether the calculations were accurately performed, | ||
and whether the site specific data reflect actual site | ||
conditions. | ||
(3) Remedial Action Plans and related activities: | ||
Whether the plan will result in compliance with this | ||
Title, and rules adopted under it and attainment of the | ||
applicable remediation objectives. In making the | ||
determination, the following factors shall be considered: | ||
(A) The likelihood that the plan will result in | ||
the attainment of the applicable remediation | ||
objectives; | ||
(B) Whether the activities proposed are consistent | ||
with generally accepted engineering practices; and | ||
(C) The management of risk relative to any | ||
remaining contamination, including , but not limited | ||
to, provisions for the long-term enforcement, | ||
operation, and maintenance of institutional and | ||
engineering controls, if relied on. | ||
(4) Remedial Action Completion Reports and related | ||
activities: Whether the remedial activities have been | ||
completed in accordance with the approved Remedial Action | ||
Plan and whether the applicable remediation objectives | ||
have been attained. | ||
(f) All plans and reports submitted for review shall | ||
include a Licensed Professional Engineer's certification that |
all investigations and remedial activities were carried out | ||
under his or her direction and, to the best of his or her | ||
knowledge and belief, the work described in the plan or report | ||
has been completed in accordance with generally accepted | ||
engineering practices, and the information presented is | ||
accurate and complete. In the case of a site investigation | ||
report prepared or supervised by a Licensed Professional | ||
Geologist, the required certification may be made by the | ||
Licensed Professional Geologist (rather than a Licensed | ||
Professional Engineer) and based upon generally accepted | ||
principles of professional geology. | ||
(g) In accordance with Section 58.11, the Agency shall | ||
propose and the Board shall adopt rules to carry out the | ||
purposes of this Section. At a minimum, the rules shall detail | ||
the types of services the Agency may provide in response to | ||
requests under subdivision (b)(1) of this Section and the | ||
recordkeeping it will utilize in documenting to the RA the | ||
costs incurred by the Agency in providing such services. | ||
(h) Public participation. | ||
(1) The Agency shall develop guidance to assist RAs | ||
RA's in the implementation of a community relations plan | ||
to address activity at sites undergoing remedial action | ||
pursuant to this Title. | ||
(2) The RA may elect to enter into a services | ||
agreement with the Agency for Agency assistance in | ||
community outreach efforts. |
(3) The Agency shall maintain a registry listing those | ||
sites undergoing remedial action pursuant to this Title. | ||
(4) Notwithstanding any provisions of this Section, | ||
the RA of a site undergoing remedial activity pursuant to | ||
this Title may elect to initiate a community outreach | ||
effort for the site. | ||
(i) Notwithstanding any other provision of this Title, the | ||
Agency is not required to take action on any submission under | ||
this Title from or on behalf of an RA if the RA has failed to | ||
pay all fees due pursuant to an invoice or other request or | ||
demand for payment under this Title. Any deadline for Agency | ||
action on such a submission shall be tolled until the fees due | ||
are paid in full. | ||
(Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.) | ||
Section 505. The Illinois Pesticide Act is amended by | ||
changing Section 24.1 as follows: | ||
(415 ILCS 60/24.1) (from Ch. 5, par. 824.1) | ||
Sec. 24.1. Administrative actions and penalties. | ||
(1) The Director is authorized after an opportunity for an | ||
administrative hearing to suspend, revoke, or modify any | ||
license, permit, special order, registration, or certification | ||
issued under this Act. This action may be taken in addition to | ||
or in lieu of monetary penalties assessed as set forth in this | ||
Section. When it is in the interest of the people of the State |
of Illinois, the Director may, upon good and sufficient | ||
evidence, suspend the registration, license, or permit until a | ||
hearing has been held. In such cases, the Director shall issue | ||
an order in writing setting forth the reasons for the | ||
suspension. Such order shall be served personally on the | ||
person or by registered or certified mail sent to the person's | ||
business address as shown in the latest notification to the | ||
Department. When such an order has been issued by the | ||
Director, the person may request an immediate hearing. | ||
(2) Before initiating hearing proceedings, the Director | ||
may issue an advisory letter to a violator of this Act or its | ||
rules and regulations when the violation points total 6 or | ||
less, as determined by the Department by the Use and Violation | ||
Criteria established in this Section. When the Department | ||
determines that the violation points total more than 6 but not | ||
more than 13, the Director shall issue a warning letter to the | ||
violator. | ||
(3) The hearing officer upon determination of a violation | ||
or violations shall assess one or more of the following | ||
penalties: | ||
(A) For any person applying pesticides without a | ||
license or misrepresenting certification or failing to | ||
comply with conditions of an agrichemical facility permit | ||
or failing to comply with the conditions of a written | ||
authorization for land application of agrichemical | ||
contaminated soils or groundwater, a penalty of $500 shall |
be assessed for the first offense and $1,000 for the | ||
second and subsequent offenses. | ||
(B) For violations of a stop use order imposed by the | ||
Director, the penalty shall be $2500. | ||
(C) For violations of a stop sale order imposed by the | ||
Director, the penalty shall be $1500 for each individual | ||
item of the product found in violation of the order. | ||
(D) For selling restricted use pesticides to a | ||
non-certified applicator the penalty shall be $1000. | ||
(E) For selling restricted use pesticides without a | ||
dealer's license the penalty shall be $1,000. | ||
(F) For constructing or operating without an | ||
agrichemical facility permit after receiving written | ||
notification, the penalty shall be $500 for the first | ||
offense and $1,000 for the second and subsequent offenses. | ||
(F-5) For any person found by the Department to have | ||
committed a use inconsistent with the label, as defined in | ||
subsection 40 of Section 4, that results in human exposure | ||
to a pesticide, the penalty shall be assessed in | ||
accordance with this paragraph (F-5). The Department shall | ||
impose a penalty under this paragraph (F-5) only if it | ||
represents an amount greater than the penalty assessed | ||
under paragraph subparagraph (G). The amount of the | ||
penalty under this paragraph (F-5) is calculated as | ||
follows: | ||
(a) If fewer than 3 humans are exposed, then the |
penalty shall be $500 for each human exposed. | ||||||||||||
(b) If 3 or more humans but fewer than 5 humans are | ||||||||||||
exposed, then the penalty shall be $750 for each human | ||||||||||||
exposed. | ||||||||||||
(c) If 5 or more humans are exposed, then the | ||||||||||||
penalty shall be $1,250 for each human exposed. | ||||||||||||
If a penalty is imposed under this paragraph (F-5), | ||||||||||||
the Department shall redetermine the total violation | ||||||||||||
points under subsection (4), less any points under | ||||||||||||
subsection (4) stemming from human exposure, and impose | ||||||||||||
any additional penalty under paragraph subparagraph (G) | ||||||||||||
based on the new total. The reassessed total shall not | ||||||||||||
affect any determination under subsection (2); any | ||||||||||||
determination under subsection (2) shall be determined by | ||||||||||||
the full application of points under subsection (4). | ||||||||||||
(G) For violations of the Act and rules and | ||||||||||||
regulations, administrative penalties will be based upon | ||||||||||||
the total violation points as determined by the Use and | ||||||||||||
Violation Criteria as set forth in subsection paragraph | ||||||||||||
(4) of this Section. The monetary penalties shall be as | ||||||||||||
follows: | ||||||||||||
|
| ||||||
(4) Subject to paragraph (F-5), the following Use and | ||||||
Violation Criteria establishes the point value which shall be | ||||||
compiled to determine the total violation points and | ||||||
administrative actions or monetary penalties to be imposed as | ||||||
set forth in paragraph (3)(G) of this Section: | ||||||
(A) Point values shall be assessed upon the harm or | ||||||
loss incurred. | ||||||
(1) A point value of 1 shall be assessed for the | ||||||
following: | ||||||
(a) Exposure to a pesticide by plants, animals | ||||||
or humans with no symptoms or damage noted. | ||||||
(b) Fraudulent sales practices or | ||||||
representations with no apparent monetary losses | ||||||
involved. | ||||||
(2) A point value of 2 shall be assessed for | ||||||
exposure the following: (a) Exposure to a pesticide | ||||||
which resulted in: | ||||||
(a) (1) Plants or property showing signs of | ||||||
damage , including , but not limited to , leaf curl, | ||||||
burning, wilting, spotting, discoloration, or | ||||||
dying. | ||||||
(b) (2) Garden produce or an agricultural crop | ||||||
not being harvested on schedule. | ||||||
(c) (3) Fraudulent sales practices or |
representations resulting in losses under $500. | ||
(3) A point value of 4 shall be assessed for the | ||
following: | ||
(a) Exposure to a pesticide resulting in a | ||
human experiencing headaches, nausea, eye | ||
irritation , and such other symptoms which | ||
persisted less than 3 days. | ||
(b) Plant or property damage resulting in a | ||
loss below $1000. | ||
(c) Animals exhibiting symptoms of pesticide | ||
poisoning , including , but not limited to , eye or | ||
skin irritations or lack of coordination. | ||
(d) Death to less than 5 animals. | ||
(e) Fraudulent sales practices or | ||
representations resulting in losses from $500 to | ||
$2000. | ||
(4) A point value of 6 shall be assessed for the | ||
following: | ||
(a) Exposure to a pesticide resulting in a | ||
human experiencing headaches, nausea, eye | ||
irritation , and such other symptoms which | ||
persisted 3 or more days. | ||
(b) Plant or property damage resulting in a | ||
loss of $1000 or more. | ||
(c) Death to 5 or more animals. | ||
(d) Fraudulent sales practices or |
representations resulting in losses over $2000. | ||||||||||||||||||
(B) Point values shall be assessed based upon the | ||||||||||||||||||
signal word on the label of the chemical involved: | ||||||||||||||||||
| ||||||||||||||||||
(C) Point values shall be assessed based upon the | ||||||||||||||||||
degree of responsibility. | ||||||||||||||||||
| ||||||||||||||||||
(D) Point values shall be assessed based upon the | ||||||||||||||||||
violator's history for the previous 3 years: | ||||||||||||||||||
|
(E) Point values shall be assessed based upon the | |||||||||||||||||||||||||||||||||||||
violation type: | |||||||||||||||||||||||||||||||||||||
(1) Application Oriented: | |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
Use contrary to label directions: | |||||||||||||||||||||||||||||||||||||
|
(2) Product Oriented: | ||||||||||||||||||||||||
| ||||||||||||||||||||||||
(5) Any penalty not paid within 60 days of notice from | ||||||||||||||||||||||||
the Department shall be submitted to the Attorney | ||||||||||||||||||||||||
General's Office for collection. Failure to pay a penalty | ||||||||||||||||||||||||
shall also be grounds for suspension or revocation of | ||||||||||||||||||||||||
permits, licenses and registrations. | ||||||||||||||||||||||||
(6) Private applicators, except those private | ||||||||||||||||||||||||
applicators who have been found by the Department to have | ||||||||||||||||||||||||
committed a "use inconsistent with the label" as defined | ||||||||||||||||||||||||
in subsection 40 of Section 4 of this Act, are exempt from | ||||||||||||||||||||||||
the Use and Violation Criteria point values. | ||||||||||||||||||||||||
(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23; | ||||||||||||||||||||||||
revised 9-20-23.) |
Section 510. The Electric Vehicle Rebate Act is amended by | ||
changing Section 40 as follows: | ||
(415 ILCS 120/40) | ||
Sec. 40. Appropriations from the Electric Vehicle Rebate | ||
Fund. | ||
(a) The Agency shall estimate the amount of user fees | ||
expected to be collected under Section 35 of this Act for each | ||
fiscal year. User fee funds shall be deposited into and | ||
distributed from the Electric Vehicle Rebate Fund in the | ||
following manner: | ||
(1) Through fiscal year 2023, an An annual amount not | ||
to exceed $225,000 may be appropriated to the Agency from | ||
the Electric Vehicle Rebate Fund to pay its costs of | ||
administering the programs authorized by Section 27 of | ||
this Act. Beginning in fiscal year 2024 and in each fiscal | ||
year thereafter, an annual amount not to exceed $600,000 | ||
may be appropriated to the Agency from the Electric | ||
Vehicle Rebate Fund to pay its costs of administering the | ||
programs authorized by Section 27 of this Act. An amount | ||
not to exceed $225,000 may be appropriated to the | ||
Secretary of State from the Electric Vehicle Rebate Fund | ||
to pay the Secretary of State's costs of administering the | ||
programs authorized under this Act. | ||
(2) In fiscal year 2022 and each fiscal year | ||
thereafter, after appropriation of the amounts authorized |
by item (1) of subsection (a) of this Section, the | ||
remaining moneys estimated to be collected during each | ||
fiscal year shall be appropriated. | ||
(3) (Blank). | ||
(4) Moneys appropriated to fund the programs | ||
authorized in Sections 25 and 30 shall be expended only | ||
after they have been collected and deposited into the | ||
Electric Vehicle Rebate Fund. | ||
(b) General Revenue Fund amounts appropriated to and | ||
deposited into the Electric Vehicle Rebate Fund shall be | ||
distributed from the Electric Vehicle Rebate Fund to fund the | ||
program authorized in Section 27. | ||
(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23; | ||
103-363, eff. 7-28-23; revised 9-6-23.) | ||
Section 515. The Radiation Protection Act of 1990 is | ||
amended by changing Section 6 as follows: | ||
(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 6. Accreditation of administrators of radiation; | ||
limited scope accreditation; rules and regulations; education. | ||
(a) The Agency shall promulgate such rules and regulations | ||
as are necessary to establish accreditation standards and | ||
procedures, including a minimum course of education and | ||
continuing education requirements in the administration of |
radiation to human beings, which are appropriate to the | ||
classification of accreditation and which are to be met by all | ||
physician assistants, advanced practice registered nurses, | ||
nurses, technicians, or other assistants who administer | ||
radiation to human beings under the supervision of a person | ||
licensed under the Medical Practice Act of 1987. Such rules | ||
and regulations may provide for different classes of | ||
accreditation based on evidence of national certification, | ||
clinical experience or community hardship as conditions of | ||
initial and continuing accreditation. The rules and | ||
regulations of the Agency shall be consistent with national | ||
standards in regard to the protection of the health and safety | ||
of the general public. | ||
(b) The rules and regulations shall also provide that | ||
persons who have been accredited by the Agency, in accordance | ||
with the Radiation Protection Act of 1990 , without passing an | ||
examination, will remain accredited as provided in Section 43 | ||
of this Act and that those persons may be accredited, without | ||
passing an examination, to use other equipment, procedures, or | ||
supervision within the original category of accreditation if | ||
the Agency receives written assurances from a person licensed | ||
under the Medical Practice Act of 1987, that the person | ||
accredited has the necessary skill and qualifications for such | ||
additional equipment procedures or supervision. The Agency | ||
shall, in accordance with subsection (c) of this Section, | ||
provide for the accreditation of nurses, technicians, or other |
assistants, unless exempted elsewhere in this Act, to perform | ||
a limited scope of diagnostic radiography procedures of the | ||
chest, the extremities, skull and sinuses, or the spine, while | ||
under the supervision of a person licensed under the Medical | ||
Practice Act of 1987. | ||
(c) The rules or regulations promulgated by the Agency | ||
pursuant to subsection (a) shall establish standards and | ||
procedures for accrediting persons to perform a limited scope | ||
of diagnostic radiography procedures. The rules or regulations | ||
shall specify that an individual seeking accreditation for | ||
limited diagnostic radiography shall not apply ionizing | ||
radiation to human beings until the individual has passed an | ||
Agency-approved examination and is accredited by the Agency. | ||
For an individual to be accredited to perform a limited | ||
scope of diagnostic radiography procedures, he or she must | ||
pass an examination approved by the Agency. The examination | ||
shall be consistent with national standards in regard to | ||
protection of public health and safety. The examination shall | ||
consist of a standardized component covering general | ||
principles applicable to diagnostic radiography procedures and | ||
a clinical component specific to the types of procedures for | ||
which accreditation is being sought. The Agency may assess a | ||
reasonable fee for such examinations to cover any costs | ||
incurred by the Agency in conjunction with the examinations. | ||
(d) The Agency shall by rule or regulation exempt from | ||
accreditation physician assistants, advanced practice |
registered nurses, nurses, technicians, or other assistants | ||
who administer radiation to human beings under supervision of | ||
a person licensed to practice under the Medical Practice Act | ||
of 1987 when the services are performed on employees of a | ||
business at a medical facility owned and operated by the | ||
business. Such exemption shall only apply to the equipment, | ||
procedures , and supervision specific to the medical facility | ||
owned and operated by the business. | ||
(Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.) | ||
Section 520. The Firearm Owners Identification Card Act is | ||
amended by changing Section 10 as follows: | ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10) | ||
Sec. 10. Appeals; hearing; relief from firearm | ||
prohibitions. | ||
(a) Whenever an application for a Firearm Owner's | ||
Identification Card is denied or whenever such a Card is | ||
revoked or seized as provided for in Section 8 of this Act, the | ||
aggrieved party may (1) file a record challenge with the | ||
Director regarding the record upon which the decision to deny | ||
or revoke the Firearm Owner's Identification Card was based | ||
under subsection (a-5); or (2) appeal to the Director of the | ||
Illinois State Police through December 31, 2022, or beginning | ||
January 1, 2023, the Firearm Owner's Identification Card | ||
Review Board for a hearing seeking relief from such denial or |
revocation unless the denial or revocation was based upon a | ||
forcible felony, stalking, aggravated stalking, domestic | ||
battery, any violation of the Illinois Controlled Substances | ||
Act, the Methamphetamine Control and Community Protection Act, | ||
or the Cannabis Control Act that is classified as a Class 2 or | ||
greater felony, any felony violation of Article 24 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or any | ||
adjudication as a delinquent minor for the commission of an | ||
offense that if committed by an adult would be a felony, in | ||
which case the aggrieved party may petition the circuit court | ||
in writing in the county of his or her residence for a hearing | ||
seeking relief from such denial or revocation. | ||
(a-5) There is created a Firearm Owner's Identification | ||
Card Review Board to consider any appeal under subsection (a) | ||
beginning January 1, 2023, other than an appeal directed to | ||
the circuit court and except when the applicant is challenging | ||
the record upon which the decision to deny or revoke was based | ||
as provided in subsection (a-10). | ||
(0.05) In furtherance of the policy of this Act that | ||
the Board shall exercise its powers and duties in an | ||
independent manner, subject to the provisions of this Act | ||
but free from the direction, control, or influence of any | ||
other agency or department of State government. All | ||
expenses and liabilities incurred by the Board in the | ||
performance of its responsibilities hereunder shall be | ||
paid from funds which shall be appropriated to the Board |
by the General Assembly for the ordinary and contingent | ||
expenses of the Board. | ||
(1) The Board shall consist of 7 members appointed by | ||
the Governor, with the advice and consent of the Senate, | ||
with 3 members residing within the First Judicial District | ||
and one member residing within each of the 4 remaining | ||
Judicial Districts. No more than 4 members shall be | ||
members of the same political party. The Governor shall | ||
designate one member as the chairperson. The members shall | ||
have actual experience in law, education, social work, | ||
behavioral sciences, law enforcement, or community affairs | ||
or in a combination of those areas. | ||
(2) The terms of the members initially appointed after | ||
January 1, 2022 (the effective date of Public Act 102-237) | ||
shall be as follows: one of the initial members shall be | ||
appointed for a term of one year, 3 shall be appointed for | ||
terms of 2 years, and 3 shall be appointed for terms of 4 | ||
years. Thereafter, members shall hold office for 4 years, | ||
with terms expiring on the second Monday in January | ||
immediately following the expiration of their terms and | ||
every 4 years thereafter. Members may be reappointed. | ||
Vacancies in the office of member shall be filled in the | ||
same manner as the original appointment, for the remainder | ||
of the unexpired term. The Governor may remove a member | ||
for incompetence, neglect of duty, malfeasance, or | ||
inability to serve. Members shall receive compensation in |
an amount equal to the compensation of members of the | ||
Executive Ethics Commission and, beginning July 1, 2023, | ||
shall be compensated from appropriations provided to the | ||
Comptroller for this purpose. Members may be reimbursed, | ||
from funds appropriated for such a purpose, for reasonable | ||
expenses actually incurred in the performance of their | ||
Board duties. The Illinois State Police shall designate an | ||
employee to serve as Executive Director of the Board and | ||
provide logistical and administrative assistance to the | ||
Board. | ||
(3) The Board shall meet at least quarterly each year | ||
and at the call of the chairperson as often as necessary to | ||
consider appeals of decisions made with respect to | ||
applications for a Firearm Owner's Identification Card | ||
under this Act. If necessary to ensure the participation | ||
of a member, the Board shall allow a member to participate | ||
in a Board meeting by electronic communication. Any member | ||
participating electronically shall be deemed present for | ||
purposes of establishing a quorum and voting. | ||
(4) The Board shall adopt rules for the review of | ||
appeals and the conduct of hearings. The Board shall | ||
maintain a record of its decisions and all materials | ||
considered in making its decisions. All Board decisions | ||
and voting records shall be kept confidential and all | ||
materials considered by the Board shall be exempt from | ||
inspection except upon order of a court. |
(5) In considering an appeal, the Board shall review | ||
the materials received concerning the denial or revocation | ||
by the Illinois State Police. By a vote of at least 4 | ||
members, the Board may request additional information from | ||
the Illinois State Police or the applicant or the | ||
testimony of the Illinois State Police or the applicant. | ||
The Board may require that the applicant submit electronic | ||
fingerprints to the Illinois State Police for an updated | ||
background check if the Board determines it lacks | ||
sufficient information to determine eligibility. The Board | ||
may consider information submitted by the Illinois State | ||
Police, a law enforcement agency, or the applicant. The | ||
Board shall review each denial or revocation and determine | ||
by a majority of members whether an applicant should be | ||
granted relief under subsection (c). | ||
(6) The Board shall by order issue summary decisions. | ||
The Board shall issue a decision within 45 days of | ||
receiving all completed appeal documents from the Illinois | ||
State Police and the applicant. However, the Board need | ||
not issue a decision within 45 days if: | ||
(A) the Board requests information from the | ||
applicant, including, but not limited to, electronic | ||
fingerprints to be submitted to the Illinois State | ||
Police, in accordance with paragraph (5) of this | ||
subsection, in which case the Board shall make a | ||
decision within 30 days of receipt of the required |
information from the applicant; | ||
(B) the applicant agrees, in writing, to allow the | ||
Board additional time to consider an appeal; or | ||
(C) the Board notifies the applicant and the | ||
Illinois State Police that the Board needs an | ||
additional 30 days to issue a decision. The Board may | ||
only issue 2 extensions under this subparagraph (C). | ||
The Board's notification to the applicant and the | ||
Illinois State Police shall include an explanation for | ||
the extension. | ||
(7) If the Board determines that the applicant is | ||
eligible for relief under subsection (c), the Board shall | ||
notify the applicant and the Illinois State Police that | ||
relief has been granted and the Illinois State Police | ||
shall issue the Card. | ||
(8) Meetings of the Board shall not be subject to the | ||
Open Meetings Act and records of the Board shall not be | ||
subject to the Freedom of Information Act. | ||
(9) The Board shall report monthly to the Governor and | ||
the General Assembly on the number of appeals received and | ||
provide details of the circumstances in which the Board | ||
has determined to deny Firearm Owner's Identification | ||
Cards under this subsection (a-5). The report shall not | ||
contain any identifying information about the applicants. | ||
(a-10) Whenever an applicant or cardholder is not seeking | ||
relief from a firearms prohibition under subsection (c) but |
rather does not believe the applicant is appropriately denied | ||
or revoked and is challenging the record upon which the | ||
decision to deny or revoke the Firearm Owner's Identification | ||
Card was based, or whenever the Illinois State Police fails to | ||
act on an application within 30 days of its receipt, the | ||
applicant shall file such challenge with the Director. The | ||
Director shall render a decision within 60 business days of | ||
receipt of all information supporting the challenge. The | ||
Illinois State Police shall adopt rules for the review of a | ||
record challenge. | ||
(b) At least 30 days before any hearing in the circuit | ||
court, the petitioner shall serve the relevant State's | ||
Attorney with a copy of the petition. The State's Attorney may | ||
object to the petition and present evidence. At the hearing, | ||
the court shall determine whether substantial justice has been | ||
done. Should the court determine that substantial justice has | ||
not been done, the court shall issue an order directing the | ||
Illinois State Police to issue a Card. However, the court | ||
shall not issue the order if the petitioner is otherwise | ||
prohibited from obtaining, possessing, or using a firearm | ||
under federal law. | ||
(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or | ||
acquiring a Firearm Owner's Identification Card under Section | ||
8 of this Act may apply to the Firearm Owner's Identification | ||
Card Review Board or petition the circuit court in the county |
where the petitioner resides, whichever is applicable in | ||
accordance with subsection (a) of this Section, requesting | ||
relief from such prohibition and the Board or court may grant | ||
such relief if it is established by the applicant to the | ||
court's or the Board's satisfaction that: | ||
(0.05) when in the circuit court, the State's Attorney | ||
has been served with a written copy of the petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at the hearing the State's Attorney was afforded an | ||
opportunity to present evidence and object to the | ||
petition; | ||
(1) the applicant has not been convicted of a forcible | ||
felony under the laws of this State or any other | ||
jurisdiction within 20 years of the applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at least 20 years have passed since the end of any period | ||
of imprisonment imposed in relation to that conviction; | ||
(2) the circumstances regarding a criminal conviction, | ||
where applicable, the applicant's criminal history and his | ||
reputation are such that the applicant will not be likely | ||
to act in a manner dangerous to public safety; | ||
(3) granting relief would not be contrary to the | ||
public interest; and | ||
(4) granting relief would not be contrary to federal | ||
law. | ||
(c-5) (1) 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 | ||
subsection (e) of Section 8 of this Act may apply to the | ||
Firearm Owner's Identification Card Review Board requesting | ||
relief 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 as a result of his or her work is referred by | ||
the employer for or voluntarily seeks mental health evaluation | ||
or treatment by a licensed clinical psychologist, | ||
psychiatrist, or qualified examiner, and: | ||
(A) the officer or employee has not received treatment | ||
involuntarily at a mental health facility, regardless of | ||
the length of admission; or has not been voluntarily | ||
admitted to a mental health facility for more than 30 days | ||
and not for more than one incident within the past 5 years; | ||
and | ||
(B) the officer or employee has not left the mental | ||
institution against medical advice. | ||
(2) The Firearm Owner's Identification Card Review Board | ||
shall grant expedited relief to active law enforcement | ||
officers and employees described in paragraph (1) of this | ||
subsection (c-5) upon a determination by the Board that the | ||
officer's or employee's possession of a firearm does not | ||
present a threat to themselves, others, or public safety. The |
Board shall act on the request for relief within 30 business | ||
days of receipt of: | ||
(A) a notarized statement from the officer or employee | ||
in the form prescribed by the Board detailing the | ||
circumstances that led to the hospitalization; | ||
(B) all documentation regarding the admission, | ||
evaluation, treatment and discharge from the treating | ||
licensed clinical psychologist or psychiatrist of the | ||
officer; | ||
(C) a psychological fitness for duty evaluation of the | ||
person completed after the time of discharge; and | ||
(D) written confirmation in the form prescribed by the | ||
Board from the treating licensed clinical psychologist or | ||
psychiatrist that the provisions set forth in paragraph | ||
(1) of this subsection (c-5) have been met, the person | ||
successfully completed treatment, and their professional | ||
opinion regarding the person's ability to possess | ||
firearms. | ||
(3) Officers and employees eligible for the expedited | ||
relief in paragraph (2) of this subsection (c-5) have the | ||
burden of proof on eligibility and must provide all | ||
information required. The Board may not consider granting | ||
expedited relief until the proof and information is received. | ||
(4) "Clinical psychologist", "psychiatrist", and | ||
"qualified examiner" shall have the same meaning as provided | ||
in Chapter I of the Mental Health and Developmental |
Disabilities Code. | ||
(c-10) (1) An applicant, who is denied, revoked, or has | ||
his or her Firearm Owner's Identification Card seized under | ||
subsection (e) of Section 8 of this Act based upon a | ||
determination of a developmental disability or an intellectual | ||
disability may apply to the Firearm Owner's Identification | ||
Card Review Board requesting relief. | ||
(2) The Board shall act on the request for relief within 60 | ||
business days of receipt of written certification, in the form | ||
prescribed by the Board, from a physician or clinical | ||
psychologist, or qualified examiner, that the aggrieved | ||
party's developmental disability or intellectual disability | ||
condition is determined by a physician, clinical psychologist, | ||
or qualified to be mild. If a fact-finding conference is | ||
scheduled to obtain additional information concerning the | ||
circumstances of the denial or revocation, the 60 business | ||
days the Director has to act shall be tolled until the | ||
completion of the fact-finding conference. | ||
(3) The Board may grant relief if the aggrieved party's | ||
developmental disability or intellectual disability is mild as | ||
determined by a physician, clinical psychologist, or qualified | ||
examiner and it is established by the applicant to the Board's | ||
satisfaction that: | ||
(A) granting relief would not be contrary to the | ||
public interest; and | ||
(B) granting relief would not be contrary to federal |
law. | ||
(4) The Board may not grant relief if the condition is | ||
determined by a physician, clinical psychologist, or qualified | ||
examiner to be moderate, severe, or profound. | ||
(5) The changes made to this Section by Public Act 99-29 | ||
apply to requests for relief pending on or before July 10, 2015 | ||
(the effective date of Public Act 99-29), except that the | ||
60-day period for the Director to act on requests pending | ||
before the effective date shall begin on July 10, 2015 (the | ||
effective date of Public Act 99-29). All appeals as provided | ||
in subsection (a-5) pending on January 1, 2023 shall be | ||
considered by the Board. | ||
(d) When a minor is adjudicated delinquent for an offense | ||
which if committed by an adult would be a felony, the court | ||
shall notify the Illinois State Police. | ||
(e) The court shall review the denial of an application or | ||
the revocation of a Firearm Owner's Identification Card of a | ||
person who has been adjudicated delinquent for an offense that | ||
if committed by an adult would be a felony if an application | ||
for relief has been filed at least 10 years after the | ||
adjudication of delinquency and the court determines that the | ||
applicant should be granted relief from disability to obtain a | ||
Firearm Owner's Identification Card. If the court grants | ||
relief, the court shall notify the Illinois State Police that | ||
the disability has been removed and that the applicant is | ||
eligible to obtain a Firearm Owner's Identification Card. |
(f) Any person who is subject to the disabilities of 18 | ||
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||
of 1968 because of an adjudication or commitment that occurred | ||
under the laws of this State or who was determined to be | ||
subject to the provisions of subsections (e), (f), or (g) of | ||
Section 8 of this Act may apply to the Illinois State Police | ||
requesting relief from that prohibition. The Board shall grant | ||
the relief if it is established by a preponderance of the | ||
evidence that the person will not be likely to act in a manner | ||
dangerous to public safety and that granting relief would not | ||
be contrary to the public interest. In making this | ||
determination, the Board shall receive evidence concerning (i) | ||
the circumstances regarding the firearms disabilities from | ||
which relief is sought; (ii) the petitioner's mental health | ||
and criminal history records, if any; (iii) the petitioner's | ||
reputation, developed at a minimum through character witness | ||
statements, testimony, or other character evidence; and (iv) | ||
changes in the petitioner's condition or circumstances since | ||
the disqualifying events relevant to the relief sought. If | ||
relief is granted under this subsection or by order of a court | ||
under this Section, the Director shall as soon as practicable | ||
but in no case later than 15 business days, update, correct, | ||
modify, or remove the person's record in any database that the | ||
Illinois State Police makes available to the National Instant | ||
Criminal Background Check System and notify the United States | ||
Attorney General that the basis for the record being made |
available no longer applies. The Illinois State Police shall | ||
adopt rules for the administration of this Section. | ||
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. | ||
1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.) | ||
Section 525. The Children's Product Safety Act is amended | ||
by changing Section 10 as follows: | ||
(430 ILCS 125/10) | ||
Sec. 10. Definitions. In this Act: | ||
(a) "Children's product" means a product, including , but | ||
not limited to , a full-size crib, non-full-size crib, toddler | ||
bed, bed, car seat, chair, high chair, booster chair, hook-on | ||
chair, bath seat, gate or other enclosure for confining a | ||
child, play yard, stationary activity center, carrier, | ||
stroller, walker, swing, or toy or play equipment, that meets | ||
the following criteria: | ||
(i) the product is designed or intended for the care | ||
of, or use by, any child under age 12; and | ||
(ii) the product is designed or intended to come into | ||
contact with the child while the product is used. | ||
Notwithstanding any other provision of this Section, a | ||
product is not a "children's product" for purposes of this Act | ||
if: | ||
(I) it may be used by or for the care of a child under |
age 9, but it is designed or intended for use by the | ||
general population or segments of the general population | ||
and not solely or primarily for use by or the care of a | ||
child; or | ||
(II) it is a medication, drug, or food or is intended | ||
to be ingested. | ||
(b) "Commercial dealer" means any person who deals in | ||
children's products or who otherwise by one's occupation holds | ||
oneself out as having knowledge or skill peculiar to | ||
children's products, or any person who is in the business of | ||
remanufacturing, retrofitting, selling, leasing, subletting, | ||
or otherwise placing in the stream of commerce children's | ||
products. | ||
(b-5) "Manufacturer" means any person who makes and places | ||
into the stream of commerce a children's product as defined by | ||
this Act. | ||
(b-10) "Importer" means any person who brings into this | ||
country and places into the stream of commerce a children's | ||
product. | ||
(b-15) "Distributor" and "wholesaler" means any person, | ||
other than a manufacturer or retailer, who sells or resells or | ||
otherwise places into the stream of commerce a children's | ||
product. | ||
(b-20) "Retailer" means any person other than a | ||
manufacturer, distributor, or wholesaler who sells, leases, or | ||
sublets children's products. |
(b-25) "First seller" means any retailer selling a | ||
children's product that has not been used or has not | ||
previously been owned. A first seller does not include an | ||
entity such as a second-hand or resale store. | ||
(c) "Person" means a natural person, firm, corporation, | ||
limited liability company, or association, or an employee or | ||
agent of a natural person or an entity included in this | ||
definition. | ||
(d) "Infant" means any person less than 35 inches tall and | ||
less than 3 years of age. | ||
(e) "Crib" means a bed or containment designed to | ||
accommodate an infant. | ||
(f) "Full-size crib" means a full-size crib as defined in | ||
Section 1508.3 of Title 16 of the Code of Federal Regulations | ||
regarding the requirements for full-size cribs. | ||
(g) "Non-full-size crib" means a non-full-size crib as | ||
defined in Section 1509.2 of Title 16 of the Code of Federal | ||
Regulations regarding the requirements for non-full-size | ||
cribs. | ||
(h) "End consumer" means a person who purchases a | ||
children's product for any purpose other than resale. | ||
(Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.) | ||
Section 530. The Wildlife Code is amended by changing | ||
Sections 2.36, 2.37, and 3.5 as follows: |
(520 ILCS 5/2.36) (from Ch. 61, par. 2.36) | ||
Sec. 2.36. It shall be unlawful to buy, sell , or barter, or | ||
offer to buy, sell , or barter, and for a commercial | ||
institution, other than a regularly operated refrigerated | ||
storage establishment, to have in its possession any of the | ||
wild birds, or any part thereof (and their eggs), or wild | ||
mammals or any parts thereof, protected by this Act unless | ||
done as hereinafter provided: | ||
Game birds or any parts thereof (and their eggs), may be | ||
held, possessed, raised and sold, or otherwise dealt with, as | ||
provided in Section 3.23 of this Act or when legally produced | ||
under similar special permit in another state or country and | ||
legally transported into the State of Illinois; provided that | ||
such imported game birds or any parts thereof, shall be marked | ||
with permanent irremovable tags, or similar devices, to | ||
establish and retain their origin and identity; | ||
Rabbits may be legally taken and possessed as provided in | ||
Sections 3.23, 3.24, and 3.26 of this Act; | ||
Deer, or any parts thereof, may be held, possessed, sold | ||
or otherwise dealt with as provided in this Section and | ||
Sections 3.23 and 3.24 of this Act; | ||
If a properly tagged deer is processed at a licensed meat | ||
processing facility, the meat processor at the facility is an | ||
active member of the Illinois Sportsmen Against Hunger | ||
program, and the owner of the deer (i) fails to claim the | ||
processed deer within a reasonable time or (ii) notifies the |
licensed meat processing facility that the owner no longer | ||
wants the processed deer, then the deer meat may be given away | ||
by the licensed meat processor to another person or donated to | ||
any other charitable organization or community food bank that | ||
receives wild game meat. The licensed meat processing facility | ||
may charge the person receiving the deer meat a reasonable and | ||
customary processing fee; | ||
Meat processors who are active members of the Illinois | ||
Sportsmen Against Hunger program shall keep written records of | ||
all deer received. Records shall include the following | ||
information: | ||
(1) the date the deer was received; | ||
(2) the name, address, and telephone number of the | ||
person from whom the deer was received; | ||
(3) whether the deer was received as a whole carcass | ||
or as deboned meat; if the deer was brought to the meat | ||
processor as deboned meat, the processor shall include the | ||
weight of the meat; | ||
(4) the number and state of issuance of the permit of | ||
the person from whom the deer was received; in the absence | ||
of a permit number, the meat processor may rely on the | ||
written certification of the person from whom the deer was | ||
received that the deer was legally taken or obtained; and | ||
(5) if the person who originally delivered the deer to | ||
the meat processor fails to collect or make arrangements | ||
for the packaged deer meat to be collected and the meat |
processor gives all or part of the unclaimed deer meat to | ||
another person, the meat processor shall maintain a record | ||
of the exchange; the meat processor's records shall | ||
include the customer's name, physical address, telephone | ||
number, as well as the quantity and type of deer meat given | ||
to the customer. The meat processor shall also include the | ||
amount of compensation received for the deer meat in his | ||
or her records. | ||
Meat processor records for unclaimed deer meat shall be | ||
open for inspection by any peace officer at any reasonable | ||
hour. Meat processors shall maintain records for a period of 2 | ||
years after the date of receipt of the wild game or for as long | ||
as the specimen or meat remains in the meat processors | ||
possession, whichever is longer; | ||
No meat processor shall have in his or her possession any | ||
deer that is not listed in his or her written records and | ||
properly tagged or labeled; | ||
All licensed meat processors who ship any deer or parts of | ||
deer that have been held, possessed, or otherwise dealt with | ||
shall tag or label the shipment, and the tag or label shall | ||
state the name of the meat processor; | ||
Nothing in this Section removes meat processors from | ||
responsibility for the observance of any State or federal | ||
laws, rules, or regulations that may apply to the meat | ||
processing business; | ||
Fur-bearing mammals, or any parts thereof, may be held, |
possessed, sold or otherwise dealt with as provided in | ||
Sections 3.16, 3.24, and 3.26 of this Act or when legally taken | ||
and possessed in Illinois or legally taken and possessed in | ||
and transported from other states or countries; | ||
It is unlawful for any person to act as a nuisance wildlife | ||
control operator for fee or compensation without a permit as | ||
provided in subsection subsection (b) of Section 2.37 of this | ||
Act unless such trapping is in compliance with Section 2.30. | ||
The inedible parts of game mammals may be held, possessed, | ||
sold , or otherwise dealt with when legally taken, in Illinois | ||
or legally taken and possessed in and transported from other | ||
states or countries. | ||
Failure to establish proof of the legality of possession | ||
in another state or country and importation into the State of | ||
Illinois, shall be prima facie evidence that such game birds | ||
or any parts thereof, and their eggs, game mammals and | ||
fur-bearing mammals, or any parts thereof, were taken within | ||
the State of Illinois. | ||
(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.) | ||
(520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | ||
Sec. 2.37. Authority to kill wildlife responsible for | ||
damage. | ||
(a) Subject to federal regulations and Section 3 of the | ||
Illinois Endangered Species Protection Act, the Department may | ||
authorize owners and tenants of lands or their agents, who are |
performing the service without fee or compensation, to remove | ||
or destroy any wild bird or wild mammal when the wild bird or | ||
wild mammal is known to be destroying property or causing a | ||
risk to human health or safety upon his or her land. | ||
Upon receipt by the Department of information from the | ||
owner, tenant, or sharecropper that any one or more species of | ||
wildlife is damaging dams, levees, ditches, cattle pastures, | ||
or other property on the land on which he resides or controls, | ||
together with a statement regarding location of the property | ||
damages, the nature and extent of the damage, and the | ||
particular species of wildlife committing the damage, the | ||
Department shall make an investigation. | ||
If, after investigation, the Department finds that damage | ||
does exist and can be abated only by removing or destroying | ||
that wildlife, a permit shall be issued by the Department to | ||
remove or destroy the species responsible for causing the | ||
damage. | ||
A permit to control the damage shall be for a period of up | ||
to 90 days, shall specify the means and methods by which and | ||
the person or persons by whom the wildlife may be removed or | ||
destroyed, without fee or compensation, and shall set forth | ||
the disposition procedure to be made of all wildlife taken and | ||
other restrictions the Director considers necessary and | ||
appropriate in the circumstances of the particular case. | ||
Whenever possible, the specimens destroyed shall be given to a | ||
bona fide bona-fide public or State scientific, educational, |
or zoological institution. | ||
The permittee shall advise the Department in writing, | ||
within 10 days after the expiration date of the permit, of the | ||
number of individual species of wildlife taken, disposition | ||
made of them, and any other information which the Department | ||
may consider necessary. | ||
(b) Subject to federal regulations and Section 3 of the | ||
Illinois Endangered Species Protection Act, the Department may | ||
grant the authority to control species protected by this Code | ||
pursuant to the issuance of a Nuisance Wildlife Control Permit | ||
to: | ||
(1) any person who is providing such service for a fee | ||
or compensation; | ||
(2) a governmental body; or | ||
(3) a nonprofit or other charitable organization. | ||
The Department shall set forth applicable regulations in | ||
an Administrative Order and may require periodic reports | ||
listing species taken, numbers of each species taken, dates | ||
when taken, and other pertinent information. | ||
Any person operating under a Nuisance Wildlife Control | ||
Permit who subcontracts the operation of nuisance wildlife | ||
control to another shall ensure that such subcontractor | ||
possesses a valid Nuisance Wildlife Control Permit issued by | ||
the Department. The person must maintain a record of the | ||
subcontractor including the subcontractor's name, address, and | ||
phone number, and type of work to be performed, for a period of |
not less than 2 years from the date the subcontractor is no | ||
longer performing services on behalf of the person. The | ||
records shall be presented to an authorized employee of the | ||
Department or law enforcement officer upon request for | ||
inspection. | ||
Any person operating without the required permit as | ||
outlined under this subsection (b) or in violation of this | ||
subsection (b) is deemed to be taking, attempting to take, | ||
disturbing, or harassing wildlife contrary to the provisions | ||
of this Code, including the taking or attempting to take such | ||
species for commercial purposes as outlined in Sections 2.36 | ||
and 2.36a of this Code. Any devices and equipment, including | ||
vehicles, used in violation of this subsection (b) may be | ||
subject to the provisions of Section 1.25 of this Code. | ||
(c) Except when operating under subsection (b) of this | ||
Section, drainage districts district fur trapping unless | ||
otherwise instructed by the Department district This authority | ||
only extends to control of beavers. Any other protected | ||
species must be controlled pursuant to subsection (b) or (c). | ||
(c) The location of traps or snares authorized under this | ||
Section, either by the Department or any other governmental | ||
body with the authority to control species protected by this | ||
Code, shall be exempt from the provisions of the Freedom of | ||
Information Act. | ||
(d) A drainage district or road district or the designee | ||
of a drainage district or road district shall be exempt from |
the requirement to obtain a permit to control nuisance | ||
muskrats or beavers if all applicable provisions for licenses | ||
are complied with and any trap types and sizes used are in | ||
compliance with this Code Act , including marking or | ||
identification. The designee of a drainage district or road | ||
district must have a signed and dated written authorization | ||
from the drainage district or road district in possession at | ||
all times when conducting activities under this Section. This | ||
exemption from obtaining a permit shall be valid only upon | ||
property owned, leased, or controlled by the drainage district | ||
or road district. For the purposes of this Section, "road | ||
district" includes a township road district. | ||
(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; | ||
103-225, eff. 6-30-23; revised 8-28-23.) | ||
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5) | ||
Sec. 3.5. Penalties; probation. | ||
(a) Any person who violates any of the provisions of | ||
Section 2.36a, including administrative rules, shall be guilty | ||
of a Class 3 felony, except as otherwise provided in | ||
subsection (b) of this Section and subsection (a) of Section | ||
2.36a. | ||
(b) Whenever any person who has not previously been | ||
convicted of, or placed on probation or court supervision for, | ||
any offense under Section 1.22, 2.36, or 2.36a , operating | ||
without a permit as prescribed in subsection (b) of Section |
2.37 , or an offense under subsection (i) or (cc) of Section | ||
2.33, the court may, without entering a judgment and with the | ||
person's consent, sentence the person to probation for a | ||
violation of Section 2.36a. | ||
(1) When a person is placed on probation, the court | ||
shall enter an order specifying a period of probation of | ||
24 months and shall defer further proceedings in the case | ||
until the conclusion of the period or until the filing of a | ||
petition alleging violation of a term or condition of | ||
probation. | ||
(2) The conditions of probation shall be that the | ||
person: | ||
(A) Not violate any criminal statute of any | ||
jurisdiction. | ||
(B) Perform no less than 30 hours of community | ||
service, provided community service is available in | ||
the jurisdiction and is funded and approved by the | ||
county board. | ||
(3) The court may, in addition to other conditions: | ||
(A) Require that the person make a report to and | ||
appear in person before or participate with the court | ||
or courts, person, or social service agency as | ||
directed by the court in the order of probation. | ||
(B) Require that the person pay a fine and costs. | ||
(C) Require that the person refrain from | ||
possessing a firearm or other dangerous weapon. |
(D) Prohibit the person from associating with any | ||
person who is actively engaged in any of the | ||
activities regulated by the permits issued or | ||
privileges granted by the Department of Natural | ||
Resources. | ||
(4) Upon violation of a term or condition of | ||
probation, the court may enter a judgment on its original | ||
finding of guilt and proceed as otherwise provided. | ||
(5) Upon fulfillment of the terms and conditions of | ||
probation, the court shall discharge the person and | ||
dismiss the proceedings against the person. | ||
(6) A disposition of probation is considered to be a | ||
conviction for the purposes of imposing the conditions of | ||
probation, for appeal, and for administrative revocation | ||
and suspension of licenses and privileges; however, | ||
discharge and dismissal under this Section is not a | ||
conviction for purposes of disqualification or | ||
disabilities imposed by law upon conviction of a crime. | ||
(7) Discharge and dismissal under this Section may | ||
occur only once with respect to any person. | ||
(8) If a person is convicted of an offense under this | ||
Act within 5 years subsequent to a discharge and dismissal | ||
under this Section, the discharge and dismissal under this | ||
Section shall be admissible in the sentencing proceeding | ||
for that conviction as a factor in aggravation. | ||
(9) The Circuit Clerk shall notify the Illinois State |
Police of all persons convicted of or placed under | ||
probation for violations of Section 2.36a. | ||
(c) Any person who violates any of the provisions of | ||
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), | ||
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, | ||
3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), | ||
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | ||
(f)), including administrative rules, shall be guilty of a | ||
Class B misdemeanor. | ||
A person who violates Section 2.33b by using any computer | ||
software or service to remotely control a weapon that takes | ||
wildlife by remote operation is guilty of a Class B | ||
misdemeanor. A person who violates Section 2.33b by | ||
facilitating a violation of Section 2.33b, including an owner | ||
of land in which remote control hunting occurs, a computer | ||
programmer who designs a program or software to facilitate | ||
remote control hunting, or a person who provides weapons or | ||
equipment to facilitate remote control hunting, is guilty of a | ||
Class A misdemeanor. | ||
Any person who violates any of the provisions of Sections | ||
1.22, 2.2a, 2.3, 2.4, 2.36 , and 2.38, including administrative | ||
rules, shall be guilty of a Class A misdemeanor. Any second or | ||
subsequent violations of Sections 2.4 and 2.36 shall be a | ||
Class 4 felony. | ||
Any person who violates any of the provisions of this Act, |
including administrative rules, during such period when his | ||
license, privileges, or permit is revoked or denied by virtue | ||
of Section 3.36, shall be guilty of a Class A misdemeanor. | ||
Any person who violates subsection (g), (i), (o), (p), | ||
(y), or (cc) of Section 2.33 shall be guilty of a Class A | ||
misdemeanor and subject to a fine of no less than $500 and no | ||
more than $5,000 in addition to other statutory penalties. In | ||
addition, the Department shall suspend the privileges, under | ||
this Act, of any person found guilty of violating subsection | ||
(cc) of Section 2.33 (cc) for a period of not less than one | ||
year. | ||
Any person who operates without a permit in violation of | ||
subsection (b) of Section 2.37 is guilty of a Class A | ||
misdemeanor and subject to a fine of not less than $500. Any | ||
other violation of subsection (b) of Section 2.37 , including | ||
administrative rules , is a Class B misdemeanor. | ||
Any person who violates any other of the provisions of | ||
this Act including administrative rules, unless otherwise | ||
stated, shall be guilty of a petty offense. Offenses committed | ||
by minors under the direct control or with the consent of a | ||
parent or guardian may subject the parent or guardian to the | ||
penalties prescribed in this Section. | ||
In addition to any fines imposed pursuant to the | ||
provisions of this Section or as otherwise provided in this | ||
Act, any person found guilty of unlawfully taking or | ||
possessing any species protected by this Act , shall be |
assessed a civil penalty for such species in accordance with | ||
the values prescribed in Section 2.36a of this Act. This civil | ||
penalty shall be imposed by the Circuit Court for the county | ||
within which the offense was committed at the time of the | ||
conviction. Any person found guilty of violating subsection | ||
(b) of Section 2.37 is subject to an additional civil penalty | ||
of up to $1,500. All penalties provided for in this Section | ||
shall be remitted to the Department in accordance with the | ||
same provisions provided for in Section 1.18 of this Act, | ||
except that civil penalties collected for violation of | ||
subsection Subsection (b) of Section 2.37 shall be remitted to | ||
the Department and allocated as follows: | ||
(1) 60% to the Conservation Police Operations | ||
Assistance Fund; and | ||
(2) 40% to the Illinois Habitat Fund. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23; | ||
revised 9-26-23.) | ||
Section 535. The Illinois Highway Code is amended by | ||
changing Section 6-901 as follows: | ||
(605 ILCS 5/6-901) (from Ch. 121, par. 6-901) | ||
Sec. 6-901. Annually, the General Assembly shall | ||
appropriate to the Department of Transportation from the Road | ||
Fund road fund , the General Revenue Fund general revenue fund , | ||
any other State funds , or a combination of those funds, |
$60,000,000 for apportionment to counties for the use of road | ||
districts for the construction of bridges 20 feet or more in | ||
length, as provided in Sections 6-902 through 6-905. | ||
The Department of Transportation shall apportion among the | ||
several counties of this State for the use of road districts | ||
the amounts appropriated under this Section. The amount | ||
apportioned to a county shall be in the proportion which the | ||
total mileage of township or district roads in the county | ||
bears to the total mileage of all township and district roads | ||
in the State. Each county shall allocate to the several road | ||
districts in the county the funds so apportioned to the | ||
county. The allocation to road districts shall be made in the | ||
same manner and be subject to the same conditions and | ||
qualifications as are provided by Section 8 of the " Motor Fuel | ||
Tax Law ", approved March 25, 1929, as amended, with respect to | ||
the allocation to road districts of the amount allotted from | ||
the Motor Fuel Tax Fund for apportionment to counties for the | ||
use of road districts, but no allocation shall be made to any | ||
road district that has not levied taxes for road and bridge | ||
purposes and for bridge construction purposes at the maximum | ||
rates permitted by Sections 6-501, 6-508 , and 6-512 of this | ||
Act, without referendum. "Road district" and "township or | ||
district road" have the meanings ascribed to those terms in | ||
this Act. | ||
Road districts in counties in which a property tax | ||
extension limitation is imposed under the Property Tax |
Extension Limitation Law that are made ineligible for receipt | ||
of this appropriation due to the imposition of a property tax | ||
extension limitation may become eligible if, at the time the | ||
property tax extension limitation was imposed, the road | ||
district was levying at the required rate and continues to | ||
levy the maximum allowable amount after the imposition of the | ||
property tax extension limitation. The road district also | ||
becomes eligible if it levies at or above the rate required for | ||
eligibility by Section 8 of the Motor Fuel Tax Law. | ||
The amounts apportioned under this Section for allocation | ||
to road districts may be used only for bridge construction as | ||
provided in this Division. So much of those amounts as are not | ||
obligated under Sections 6-902 through 6-904 and for which | ||
local funds have not been committed under Section 6-905 within | ||
48 months of the date when such apportionment is made lapses | ||
and shall not be paid to the county treasurer for distribution | ||
to road districts. | ||
(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.) | ||
Section 540. The Illinois Vehicle Code is amended by | ||
changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118, | ||
6-508.5, 7-315, 11-208.6, and 11-305 as follows: | ||
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) | ||
Sec. 2-119. Disposition of fees and taxes. | ||
(a) All moneys received from Salvage Certificates shall be |
deposited in the Common School Fund in the State treasury | ||
Treasury . | ||
(b) Of the money collected for each certificate of title, | ||
duplicate certificate of title, and corrected certificate of | ||
title: | ||
(1) $2.60 shall be deposited in the Park and | ||
Conservation Fund; | ||
(2) $0.65 shall be deposited in the Illinois Fisheries | ||
Management Fund; | ||
(3) $48 shall be disbursed under subsection (g) of | ||
this Section; | ||
(4) $4 shall be deposited into the Motor Vehicle | ||
License Plate Fund; | ||
(5) $30 shall be deposited into the Capital Projects | ||
Fund; and | ||
(6) $10 shall be deposited into the Secretary of State | ||
Special Services Fund. | ||
All remaining moneys collected for certificates of title, | ||
and all moneys collected for filing of security interests, | ||
shall be deposited in the General Revenue Fund. | ||
The $20 collected for each delinquent vehicle registration | ||
renewal fee shall be deposited into the General Revenue Fund. | ||
The moneys deposited in the Park and Conservation Fund | ||
under this Section shall be used for the acquisition and | ||
development of bike paths as provided for in Section 805-420 | ||
of the Department of Natural Resources (Conservation) Law of |
the Civil Administrative Code of Illinois. The moneys | ||
deposited into the Park and Conservation Fund under this | ||
subsection shall not be subject to administrative charges or | ||
chargebacks, unless otherwise authorized by this Code. | ||
If the balance in the Motor Vehicle License Plate Fund | ||
exceeds $40,000,000 on the last day of a calendar month, then | ||
during the next calendar month, the $4 that otherwise would be | ||
deposited in that fund shall instead be deposited into the | ||
Road Fund. | ||
(c) All moneys collected for that portion of a driver's | ||
license fee designated for driver education under Section | ||
6-118 shall be placed in the Drivers Education Fund in the | ||
State treasury Treasury . | ||
(d) Of the moneys collected as a registration fee for each | ||
motorcycle, motor driven cycle, and moped, 27% shall be | ||
deposited in the Cycle Rider Safety Training Fund. | ||
(e) (Blank). | ||
(f) Of the total money collected for a commercial | ||
learner's permit (CLP) or original or renewal issuance of a | ||
commercial driver's license (CDL) pursuant to the Uniform | ||
Commercial Driver's License Act (UCDLA): (i) $6 of the total | ||
fee for an original or renewal CDL, and $6 of the total CLP fee | ||
when such permit is issued to any person holding a valid | ||
Illinois driver's license, shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License | ||
Information System/American Association of Motor Vehicle |
Administrators network/National Motor Vehicle Title | ||
Information Service Trust Fund) and shall be used for the | ||
purposes provided in Section 6z-23 of the State Finance Act | ||
and (ii) $20 of the total fee for an original or renewal CDL or | ||
CLP shall be paid into the Motor Carrier Safety Inspection | ||
Fund, which is hereby created as a special fund in the State | ||
treasury Treasury , to be used by the Illinois State Police, | ||
subject to appropriation, to hire additional officers to | ||
conduct motor carrier safety inspections pursuant to Chapter | ||
18b of this Code. | ||
(g) Of the moneys received by the Secretary of State as | ||
registration fees or taxes, certificates of title, duplicate | ||
certificates of title, corrected certificates of title, or as | ||
payment of any other fee under this Code, when those moneys are | ||
not otherwise distributed by this Code, 37% shall be deposited | ||
into the State Construction Account Fund, and 63% shall be | ||
deposited in the Road Fund. Moneys in the Road Fund shall be | ||
used for the purposes provided in Section 8.3 of the State | ||
Finance Act. | ||
(h) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) There is created in the State treasury Treasury a | ||
special fund to be known as the Secretary of State Special | ||
License Plate Fund. Money deposited into the Fund shall, | ||
subject to appropriation, be used by the Office of the |
Secretary of State (i) to help defray plate manufacturing and | ||
plate processing costs for the issuance and, when applicable, | ||
renewal of any new or existing registration plates authorized | ||
under this Code and (ii) for grants made by the Secretary of | ||
State to benefit Illinois Veterans Home libraries. | ||
(l) The Motor Vehicle Review Board Fund is created as a | ||
special fund in the State treasury Treasury . Moneys deposited | ||
into the Fund under paragraph (7) of subsection (b) of Section | ||
5-101 and Section 5-109 shall, subject to appropriation, be | ||
used by the Office of the Secretary of State to administer the | ||
Motor Vehicle Review Board, including , without limitation , | ||
payment of compensation and all necessary expenses incurred in | ||
administering the Motor Vehicle Review Board under the Motor | ||
Vehicle Franchise Act. | ||
(m) Effective July 1, 1996, there is created in the State | ||
treasury Treasury a special fund to be known as the Family | ||
Responsibility Fund. Moneys deposited into the Fund shall, | ||
subject to appropriation, be used by the Office of the | ||
Secretary of State for the purpose of enforcing the Illinois | ||
Safety and Family Financial Responsibility Law. | ||
(n) The Illinois Fire Fighters' Memorial Fund is created | ||
as a special fund in the State treasury Treasury . Moneys | ||
deposited into the Fund shall, subject to appropriation, be | ||
used by the Office of the State Fire Marshal for construction | ||
of the Illinois Fire Fighters' Memorial to be located at the | ||
State Capitol grounds in Springfield, Illinois. Upon the |
completion of the Memorial, moneys in the Fund shall be used in | ||
accordance with Section 3-634. | ||
(o) Of the money collected for each certificate of title | ||
for all-terrain vehicles and off-highway motorcycles, $17 | ||
shall be deposited into the Off-Highway Vehicle Trails Fund. | ||
(p) For audits conducted on or after July 1, 2003 pursuant | ||
to Section 2-124(d) of this Code, 50% of the money collected as | ||
audit fees shall be deposited into the General Revenue Fund. | ||
(q) Beginning July 1, 2023, the additional fees imposed by | ||
Public Act 103-8 this amendatory Act of the 103rd General | ||
Assembly in Sections 2-123, 3-821, and 6-118 shall be | ||
deposited into the Secretary of State Special Services Fund. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; | ||
revised 9-25-23.) | ||
(625 ILCS 5/3-699.14) | ||
Sec. 3-699.14. Universal special license plates. | ||
(a) In addition to any other special license plate, the | ||
Secretary, upon receipt of all applicable fees and | ||
applications made in the form prescribed by the Secretary, may | ||
issue Universal special license plates to residents of | ||
Illinois on behalf of organizations that have been authorized | ||
by the General Assembly to issue decals for Universal special | ||
license plates. Appropriate documentation, as determined by | ||
the Secretary, shall accompany each application. Authorized | ||
organizations shall be designated by amendment to this |
Section. When applying for a Universal special license plate | ||
the applicant shall inform the Secretary of the name of the | ||
authorized organization from which the applicant will obtain a | ||
decal to place on the plate. The Secretary shall make a record | ||
of that organization and that organization shall remain | ||
affiliated with that plate until the plate is surrendered, | ||
revoked, or otherwise cancelled. The authorized organization | ||
may charge a fee to offset the cost of producing and | ||
distributing the decal, but that fee shall be retained by the | ||
authorized organization and shall be separate and distinct | ||
from any registration fees charged by the Secretary. No decal, | ||
sticker, or other material may be affixed to a Universal | ||
special license plate other than a decal authorized by the | ||
General Assembly in this Section or a registration renewal | ||
sticker. The special plates issued under this Section shall be | ||
affixed only to passenger vehicles of the first division, | ||
including motorcycles and autocycles, or motor vehicles of the | ||
second division weighing not more than 8,000 pounds. Plates | ||
issued under this Section shall expire according to the | ||
multi-year procedure under Section 3-414.1 of this Code. | ||
(b) The design, color, and format of the Universal special | ||
license plate shall be wholly within the discretion of the | ||
Secretary. Universal special license plates are not required | ||
to designate "Land of Lincoln", as prescribed in subsection | ||
(b) of Section 3-412 of this Code. The design shall allow for | ||
the application of a decal to the plate. Organizations |
authorized by the General Assembly to issue decals for | ||
Universal special license plates shall comply with rules | ||
adopted by the Secretary governing the requirements for and | ||
approval of Universal special license plate decals. The | ||
Secretary may, in his or her discretion, allow Universal | ||
special license plates to be issued as vanity or personalized | ||
plates in accordance with Section 3-405.1 of this Code. The | ||
Secretary of State must make a version of the special | ||
registration plates authorized under this Section in a form | ||
appropriate for motorcycles and autocycles. | ||
(c) When authorizing a Universal special license plate, | ||
the General Assembly shall set forth whether an additional fee | ||
is to be charged for the plate and, if a fee is to be charged, | ||
the amount of the fee and how the fee is to be distributed. | ||
When necessary, the authorizing language shall create a | ||
special fund in the State treasury into which fees may be | ||
deposited for an authorized Universal special license plate. | ||
Additional fees may only be charged if the fee is to be paid | ||
over to a State agency or to a charitable entity that is in | ||
compliance with the registration and reporting requirements of | ||
the Charitable Trust Act and the Solicitation for Charity Act. | ||
Any charitable entity receiving fees for the sale of Universal | ||
special license plates shall annually provide the Secretary of | ||
State a letter of compliance issued by the Attorney General | ||
verifying that the entity is in compliance with the Charitable | ||
Trust Act and the Solicitation for Charity Act. |
(d) Upon original issuance and for each registration | ||
renewal period, in addition to the appropriate registration | ||
fee, if applicable, the Secretary shall collect any additional | ||
fees, if required, for issuance of Universal special license | ||
plates. The fees shall be collected on behalf of the | ||
organization designated by the applicant when applying for the | ||
plate. All fees collected shall be transferred to the State | ||
agency on whose behalf the fees were collected, or paid into | ||
the special fund designated in the law authorizing the | ||
organization to issue decals for Universal special license | ||
plates. All money in the designated fund shall be distributed | ||
by the Secretary subject to appropriation by the General | ||
Assembly. | ||
(e) The following organizations may issue decals for | ||
Universal special license plates with the original and renewal | ||
fees and fee distribution as follows: | ||
(1) The Illinois Department of Natural Resources. | ||
(A) Original issuance: $25; with $10 to the | ||
Roadside Monarch Habitat Fund and $15 to the Secretary | ||
of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Roadside Monarch | ||
Habitat Fund and $2 to the Secretary of State Special | ||
License Plate Fund. | ||
(2) Illinois Veterans' Homes. | ||
(A) Original issuance: $26, which shall be | ||
deposited into the Illinois Veterans' Homes Fund. |
(B) Renewal: $26, which shall be deposited into | ||
the Illinois Veterans' Homes Fund. | ||
(3) The Illinois Department of Human Services for | ||
volunteerism decals. | ||
(A) Original issuance: $25, which shall be | ||
deposited into the Secretary of State Special License | ||
Plate Fund. | ||
(B) Renewal: $25, which shall be deposited into | ||
the Secretary of State Special License Plate Fund. | ||
(4) The Illinois Department of Public Health. | ||
(A) Original issuance: $25; with $10 to the | ||
Prostate Cancer Awareness Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Prostate Cancer | ||
Awareness Fund and $2 to the Secretary of State | ||
Special License Plate Fund. | ||
(5) Horsemen's Council of Illinois. | ||
(A) Original issuance: $25; with $10 to the | ||
Horsemen's Council of Illinois Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Horsemen's | ||
Council of Illinois Fund and $2 to the Secretary of | ||
State Special License Plate Fund. | ||
(6) K9s for Veterans, NFP. | ||
(A) Original issuance: $25; with $10 to the | ||
Post-Traumatic Stress Disorder Awareness Fund and $15 |
to the Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Post-Traumatic | ||
Stress Disorder Awareness Fund and $2 to the Secretary | ||
of State Special License Plate Fund. | ||
(7) The International Association of Machinists and | ||
Aerospace Workers. | ||
(A) Original issuance: $35; with $20 to the Guide | ||
Dogs of America Fund and $15 to the Secretary of State | ||
Special License Plate Fund. | ||
(B) Renewal: $25; with $23 going to the Guide Dogs | ||
of America Fund and $2 to the Secretary of State | ||
Special License Plate Fund. | ||
(8) Local Lodge 701 of the International Association | ||
of Machinists and Aerospace Workers. | ||
(A) Original issuance: $35; with $10 to the Guide | ||
Dogs of America Fund, $10 to the Mechanics Training | ||
Fund, and $15 to the Secretary of State Special | ||
License Plate Fund. | ||
(B) Renewal: $30; with $13 to the Guide Dogs of | ||
America Fund, $15 to the Mechanics Training Fund, and | ||
$2 to the Secretary of State Special License Plate | ||
Fund. | ||
(9) Illinois Department of Human Services. | ||
(A) Original issuance: $25; with $10 to the | ||
Theresa Tracy Trot - Illinois CancerCare Foundation | ||
Fund and $15 to the Secretary of State Special License |
Plate Fund. | ||
(B) Renewal: $25; with $23 to the Theresa Tracy | ||
Trot - Illinois CancerCare Foundation Fund and $2 to | ||
the Secretary of State Special License Plate Fund. | ||
(10) The Illinois Department of Human Services for | ||
developmental disabilities awareness decals. | ||
(A) Original issuance: $25; with $10 to the | ||
Developmental Disabilities Awareness Fund and $15 to | ||
the Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Developmental | ||
Disabilities Awareness Fund and $2 to the Secretary of | ||
State Special License Plate Fund. | ||
(11) The Illinois Department of Human Services for | ||
pediatric cancer awareness decals. | ||
(A) Original issuance: $25; with $10 to the | ||
Pediatric Cancer Awareness Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Pediatric Cancer | ||
Awareness Fund and $2 to the Secretary of State | ||
Special License Plate Fund. | ||
(12) The Department of Veterans' Affairs for Fold of | ||
Honor decals. | ||
(A) Original issuance: $25; with $10 to the Folds | ||
of Honor Foundation Fund and $15 to the Secretary of | ||
State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Folds of Honor |
Foundation Fund and $2 to the Secretary of State | ||
Special License Plate Fund. | ||
(13) The Illinois chapters of the Experimental | ||
Aircraft Association for aviation enthusiast decals. | ||
(A) Original issuance: $25; with $10 to the | ||
Experimental Aircraft Association Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Experimental | ||
Aircraft Association Fund and $2 to the Secretary of | ||
State Special License Plate Fund. | ||
(14) The Illinois Department of Human Services for | ||
Child Abuse Council of the Quad Cities decals. | ||
(A) Original issuance: $25; with $10 to the Child | ||
Abuse Council of the Quad Cities Fund and $15 to the | ||
Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Child Abuse | ||
Council of the Quad Cities Fund and $2 to the Secretary | ||
of State Special License Plate Fund. | ||
(15) The Illinois Department of Public Health for | ||
health care worker decals. | ||
(A) Original issuance: $25; with $10 to the | ||
Illinois Health Care Workers Benefit Fund, and $15 to | ||
the Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Illinois Health | ||
Care Workers Benefit Fund and $2 to the Secretary of | ||
State Special License Plate Fund. |
(16) The Department of Agriculture for Future Farmers | ||
of America decals. | ||
(A) Original issuance: $25; with $10 to the Future | ||
Farmers of America Fund and $15 to the Secretary of | ||
State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Future Farmers | ||
of America Fund and $2 to the Secretary of State | ||
Special License Plate Fund. | ||
(17) The Illinois Department of Public Health for | ||
autism awareness decals that are designed with input from | ||
autism advocacy organizations. | ||
(A) Original issuance: $25; with $10 to the Autism | ||
Awareness Fund and $15 to the Secretary of State | ||
Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Autism Awareness | ||
Fund and $2 to the Secretary of State Special License | ||
Plate Fund. | ||
(18) (17) The Department of Natural Resources for Lyme | ||
disease research decals. | ||
(A) Original issuance: $25; with $10 to the Tick | ||
Research, Education, and Evaluation Fund and $15 to | ||
the Secretary of State Special License Plate Fund. | ||
(B) Renewal: $25; with $23 to the Tick Research, | ||
Education, and Evaluation Fund and $2 to the Secretary | ||
of State Special License Plate Fund. | ||
(19) (17) The IBEW Thank a Line Worker decal. |
(A) Original issuance: $15, which shall be | ||
deposited into the Secretary of State Special License | ||
Plate Fund. | ||
(B) Renewal: $2, which shall be deposited into the | ||
Secretary of State Special License Plate Fund. | ||
(f) The following funds are created as special funds in | ||
the State treasury: | ||
(1) The Roadside Monarch Habitat Fund. All money in | ||
the Roadside Monarch Habitat Fund shall be paid as grants | ||
to the Illinois Department of Natural Resources to fund | ||
roadside monarch and other pollinator habitat development, | ||
enhancement, and restoration projects in this State. | ||
(2) The Prostate Cancer Awareness Fund. All money in | ||
the Prostate Cancer Awareness Fund shall be paid as grants | ||
to the Prostate Cancer Foundation of Chicago. | ||
(3) The Horsemen's Council of Illinois Fund. All money | ||
in the Horsemen's Council of Illinois Fund shall be paid | ||
as grants to the Horsemen's Council of Illinois. | ||
(4) The Post-Traumatic Stress Disorder Awareness Fund. | ||
All money in the Post-Traumatic Stress Disorder Awareness | ||
Fund shall be paid as grants to K9s for Veterans, NFP for | ||
support, education, and awareness of veterans with | ||
post-traumatic stress disorder. | ||
(5) The Guide Dogs of America Fund. All money in the | ||
Guide Dogs of America Fund shall be paid as grants to the | ||
International Guiding Eyes, Inc., doing business as Guide |
Dogs of America. | ||
(6) The Mechanics Training Fund. All money in the | ||
Mechanics Training Fund shall be paid as grants to the | ||
Mechanics Local 701 Training Fund. | ||
(7) The Theresa Tracy Trot - Illinois CancerCare | ||
Foundation Fund. All money in the Theresa Tracy Trot - | ||
Illinois CancerCare Foundation Fund shall be paid to the | ||
Illinois CancerCare Foundation for the purpose of | ||
furthering pancreatic cancer research. | ||
(8) The Developmental Disabilities Awareness Fund. All | ||
money in the Developmental Disabilities Awareness Fund | ||
shall be paid as grants to the Illinois Department of | ||
Human Services to fund legal aid groups to assist with | ||
guardianship fees for private citizens willing to become | ||
guardians for individuals with developmental disabilities | ||
but who are unable to pay the legal fees associated with | ||
becoming a guardian. | ||
(9) The Pediatric Cancer Awareness Fund. All money in | ||
the Pediatric Cancer Awareness Fund shall be paid as | ||
grants to the Cancer Center at Illinois for pediatric | ||
cancer treatment and research. | ||
(10) The Folds of Honor Foundation Fund. All money in | ||
the Folds of Honor Foundation Fund shall be paid as grants | ||
to the Folds of Honor Foundation to aid in providing | ||
educational scholarships to military families. | ||
(11) The Experimental Aircraft Association Fund. All |
money in the Experimental Aircraft Association Fund shall | ||
be paid, subject to appropriation by the General Assembly | ||
and distribution by the Secretary, as grants to promote | ||
recreational aviation. | ||
(12) The Child Abuse Council of the Quad Cities Fund. | ||
All money in the Child Abuse Council of the Quad Cities | ||
Fund shall be paid as grants to benefit the Child Abuse | ||
Council of the Quad Cities. | ||
(13) The Illinois Health Care Workers Benefit Fund. | ||
All money in the Illinois Health Care Workers Benefit Fund | ||
shall be paid as grants to the Trinity Health Foundation | ||
for the benefit of health care workers, doctors, nurses, | ||
and others who work in the health care industry in this | ||
State. | ||
(14) The Future Farmers of America Fund. All money in | ||
the Future Farmers of America Fund shall be paid as grants | ||
to the Illinois Association of Future Farmers of America. | ||
(15) The Tick Research, Education, and Evaluation | ||
Fund. All money in the Tick Research, Education, and | ||
Evaluation Fund shall be paid as grants to the Illinois | ||
Lyme Association. | ||
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; | ||
102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. | ||
8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, | ||
eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; | ||
revised 12-15-23.) |
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103) | ||
Sec. 6-103. What persons shall not be licensed as drivers | ||
or granted permits. The Secretary of State shall not issue, | ||
renew, or allow the retention of any driver's license nor | ||
issue any permit under this Code: | ||
1. To any person, as a driver, who is under the age of | ||
18 years except as provided in Section 6-107, and except | ||
that an instruction permit may be issued under Section | ||
6-107.1 to a child who is not less than 15 years of age if | ||
the child is enrolled in an approved driver education | ||
course as defined in Section 1-103 of this Code and | ||
requires an instruction permit to participate therein, | ||
except that an instruction permit may be issued under the | ||
provisions of Section 6-107.1 to a child who is 17 years | ||
and 3 months of age without the child having enrolled in an | ||
approved driver education course and except that an | ||
instruction permit may be issued to a child who is at least | ||
15 years and 3 months of age, is enrolled in school, meets | ||
the educational requirements of the Driver Education Act, | ||
and has passed examinations the Secretary of State in his | ||
or her discretion may prescribe; | ||
1.5. To any person at least 18 years of age but less | ||
than 21 years of age unless the person has, in addition to | ||
any other requirements of this Code, successfully | ||
completed an adult driver education course as provided in |
Section 6-107.5 of this Code; | ||
2. To any person who is under the age of 18 as an | ||
operator of a motorcycle other than a motor driven cycle | ||
unless the person has, in addition to meeting the | ||
provisions of Section 6-107 of this Code, successfully | ||
completed a motorcycle training course approved by the | ||
Illinois Department of Transportation; | ||
3. To any person, as a driver, whose driver's license | ||
or permit has been suspended, during the suspension, nor | ||
to any person whose driver's license or permit has been | ||
revoked, except as provided in Sections 6-205, 6-206, and | ||
6-208; | ||
4. To any person, as a driver, who is a user of alcohol | ||
or any other drug to a degree that renders the person | ||
incapable of safely driving a motor vehicle; | ||
5. To any person, as a driver, who has previously been | ||
adjudged to be afflicted with or suffering from any mental | ||
or physical disability or disease and who has not at the | ||
time of application been restored to competency by the | ||
methods provided by law; | ||
6. To any person, as a driver, who is required by the | ||
Secretary of State to submit an alcohol and drug | ||
evaluation or take an examination provided for in this | ||
Code unless the person has successfully passed the | ||
examination and submitted any required evaluation; | ||
7. To any person who is required under the provisions |
of the laws of this State to deposit security or proof of | ||
financial responsibility and who has not deposited the | ||
security or proof; | ||
8. To any person when the Secretary of State has good | ||
cause to believe that the person by reason of physical or | ||
mental disability would not be able to safely operate a | ||
motor vehicle upon the highways, unless the person shall | ||
furnish to the Secretary of State a verified written | ||
statement, acceptable to the Secretary of State, from a | ||
competent medical specialist, a licensed physician | ||
assistant, or a licensed advanced practice registered | ||
nurse, to the effect that the operation of a motor vehicle | ||
by the person would not be inimical to the public safety; | ||
9. To any person, as a driver, who is 69 years of age | ||
or older, unless the person has successfully complied with | ||
the provisions of Section 6-109; | ||
10. To any person convicted, within 12 months of | ||
application for a license, of any of the sexual offenses | ||
enumerated in paragraph 2 of subsection (b) of Section | ||
6-205; | ||
11. To any person who is under the age of 21 years with | ||
a classification prohibited in paragraph (b) of Section | ||
6-104 and to any person who is under the age of 18 years | ||
with a classification prohibited in paragraph (c) of | ||
Section 6-104; | ||
12. To any person who has been either convicted of or |
adjudicated under the Juvenile Court Act of 1987 based | ||
upon a violation of the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act while that person was in | ||
actual physical control of a motor vehicle. For purposes | ||
of this Section, any person 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 shall | ||
not be considered convicted. Any person found guilty of | ||
this offense, while in actual physical control of a motor | ||
vehicle, shall have an entry made in the court record by | ||
the judge that this offense did occur while the person was | ||
in actual physical control of a motor vehicle and order | ||
the clerk of the court to report the violation to the | ||
Secretary of State as such. The Secretary of State shall | ||
not issue a new license or permit for a period of one year; | ||
13. To any person who is under the age of 18 years and | ||
who has committed the offense of operating a motor vehicle | ||
without a valid license or permit in violation of Section | ||
6-101 or a similar out-of-state out of state offense; | ||
14. To any person who is 90 days or more delinquent in | ||
court ordered child support payments or has been | ||
adjudicated in arrears in an amount equal to 90 days' | ||
obligation or more and who has been found in contempt of | ||
court for failure to pay the support, subject to the |
requirements and procedures of Article VII of Chapter 7 of | ||
the Illinois Vehicle Code; | ||
14.5. To any person certified by the Illinois | ||
Department of Healthcare and Family Services as being 90 | ||
days or more delinquent in payment of support under an | ||
order of support entered by a court or administrative body | ||
of this or any other State, subject to the requirements | ||
and procedures of Article VII of Chapter 7 of this Code | ||
regarding those certifications; | ||
15. To any person released from a term of imprisonment | ||
for violating Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or a similar provision of a law | ||
of another state relating to reckless homicide or for | ||
violating subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of this Code relating to aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof, if the violation was the proximate | ||
cause of a death, within 24 months of release from a term | ||
of imprisonment; | ||
16. To any person who, with intent to influence any | ||
act related to the issuance of any driver's license or | ||
permit, by an employee of the Secretary of State's Office, | ||
or the owner or employee of any commercial driver training | ||
school licensed by the Secretary of State, or any other | ||
individual authorized by the laws of this State to give |
driving instructions or administer all or part of a | ||
driver's license examination, promises or tenders to that | ||
person any property or personal advantage which that | ||
person is not authorized by law to accept. Any persons | ||
promising or tendering such property or personal advantage | ||
shall be disqualified from holding any class of driver's | ||
license or permit for 120 consecutive days. The Secretary | ||
of State shall establish by rule the procedures for | ||
implementing this period of disqualification and the | ||
procedures by which persons so disqualified may obtain | ||
administrative review of the decision to disqualify; | ||
17. To any person for whom the Secretary of State | ||
cannot verify the accuracy of any information or | ||
documentation submitted in application for a driver's | ||
license; | ||
18. To any person who has been adjudicated under the | ||
Juvenile Court Act of 1987 based upon an offense that is | ||
determined by the court to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, and that | ||
involved the operation or use of a motor vehicle or the use | ||
of a driver's license or permit. The person shall be | ||
denied a license or permit for the period determined by | ||
the court; or | ||
19. To any person who holds a REAL ID compliant | ||
identification card or REAL ID compliant Person with a |
Disability Identification Card issued under the Illinois | ||
Identification Card Act. Any such person may, at his or | ||
her discretion, surrender the REAL ID compliant | ||
identification card or REAL ID compliant Person with a | ||
Disability Identification Card in order to become eligible | ||
to obtain a REAL ID compliant driver's license. | ||
The Secretary of State shall retain all conviction | ||
information, if the information is required to be held | ||
confidential under the Juvenile Court Act of 1987. | ||
(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.) | ||
(625 ILCS 5/6-106.1) | ||
Sec. 6-106.1. School bus driver permit. | ||
(a) The Secretary of State shall issue a school bus driver | ||
permit for the operation of first or second division vehicles | ||
being operated as school buses or a permit valid only for the | ||
operation of first division vehicles being operated as school | ||
buses to those applicants who have met all the requirements of | ||
the application and screening process under this Section to | ||
insure the welfare and safety of children who are transported | ||
on school buses throughout the State of Illinois. Applicants | ||
shall obtain the proper application required by the Secretary | ||
of State from their prospective or current employer and submit | ||
the completed application to the prospective or current | ||
employer along with the necessary fingerprint submission as | ||
required by the Illinois State Police to conduct |
fingerprint-based fingerprint based criminal background checks | ||
on current and future information available in the State state | ||
system and current information available through the Federal | ||
Bureau of Investigation's system. Applicants who have | ||
completed the fingerprinting requirements shall not be | ||
subjected to the fingerprinting process when applying for | ||
subsequent permits or submitting proof of successful | ||
completion of the annual refresher course. Individuals who on | ||
July 1, 1995 (the effective date of Public Act 88-612) possess | ||
a valid school bus driver permit that has been previously | ||
issued by the appropriate Regional School Superintendent are | ||
not subject to the fingerprinting provisions of this Section | ||
as long as the permit remains valid and does not lapse. The | ||
applicant shall be required to pay all related application and | ||
fingerprinting fees as established by rule , including, but not | ||
limited to, the amounts established by the Illinois State | ||
Police and the Federal Bureau of Investigation to process | ||
fingerprint-based fingerprint based criminal background | ||
investigations. All fees paid for fingerprint processing | ||
services under this Section shall be deposited into the State | ||
Police Services Fund for the cost incurred in processing the | ||
fingerprint-based fingerprint based criminal background | ||
investigations. All other fees paid under this Section shall | ||
be deposited into the Road Fund for the purpose of defraying | ||
the costs of the Secretary of State in administering this | ||
Section. All applicants must: |
1. be 21 years of age or older; | ||
2. possess a valid and properly classified driver's | ||
license issued by the Secretary of State; | ||
3. possess a valid driver's license, which has not | ||
been revoked, suspended, or canceled for 3 years | ||
immediately prior to the date of application, or have not | ||
had his or her commercial motor vehicle driving privileges | ||
disqualified within the 3 years immediately prior to the | ||
date of application; | ||
4. successfully pass a first division or second | ||
division written test, administered by the Secretary of | ||
State, on school bus operation, school bus safety, and | ||
special traffic laws relating to school buses and submit | ||
to a review of the applicant's driving habits by the | ||
Secretary of State at the time the written test is given; | ||
5. demonstrate ability to exercise reasonable care in | ||
the operation of school buses in accordance with rules | ||
promulgated by the Secretary of State; | ||
6. demonstrate physical fitness to operate school | ||
buses by submitting the results of a medical examination, | ||
including tests for drug use for each applicant not | ||
subject to such testing pursuant to federal law, conducted | ||
by a licensed physician, a licensed advanced practice | ||
registered nurse, or a licensed physician assistant within | ||
90 days of the date of application according to standards | ||
promulgated by the Secretary of State; |
7. affirm under penalties of perjury that he or she | ||
has not made a false statement or knowingly concealed a | ||
material fact in any application for permit; | ||
8. have completed an initial classroom course, | ||
including first aid procedures, in school bus driver | ||
safety as promulgated by the Secretary of State ; and , | ||
after satisfactory completion of said initial course , an | ||
annual refresher course; such courses and the agency or | ||
organization conducting such courses shall be approved by | ||
the Secretary of State; failure to complete the annual | ||
refresher course , shall result in cancellation of the | ||
permit until such course is completed; | ||
9. not have been under an order of court supervision | ||
for or convicted of 2 or more serious traffic offenses, as | ||
defined by rule, within one year prior to the date of | ||
application that may endanger the life or safety of any of | ||
the driver's passengers within the duration of the permit | ||
period; | ||
10. not have been under an order of court supervision | ||
for or convicted of reckless driving, aggravated reckless | ||
driving, driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or | ||
any combination thereof, or reckless homicide resulting | ||
from the operation of a motor vehicle within 3 years of the | ||
date of application; | ||
11. not have been convicted of committing or |
attempting to commit any one or more of the following | ||
offenses: (i) those offenses defined in Sections 8-1, | ||
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, | ||
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, | ||
11-14, 11-14.1, 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, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, | ||
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, | ||
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, | ||
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, | ||
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, | ||
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, | ||
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, | ||
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, | ||
33A-2, and 33D-1, in subsection (A), clauses (a) and (b), | ||
of Section 24-3, and those offenses contained in Article | ||
29D of the Criminal Code of 1961 or the Criminal Code of | ||
2012; (ii) those offenses defined in the Cannabis Control | ||
Act except those offenses defined in subsections (a) and | ||
(b) of Section 4, and subsection (a) of Section 5 of the | ||
Cannabis Control Act; (iii) those offenses defined in the | ||
Illinois Controlled Substances Act; (iv) those offenses |
defined in the Methamphetamine Control and Community | ||
Protection Act; (v) any offense committed or attempted in | ||
any other state or against the laws of the United States, | ||
which if committed or attempted in this State would be | ||
punishable as one or more of the foregoing offenses; (vi) | ||
the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||
to Children Act or Section 11-9.1A of the Criminal Code of | ||
1961 or the Criminal Code of 2012; (vii) those offenses | ||
defined in Section 6-16 of the Liquor Control Act of 1934; | ||
and (viii) those offenses defined in the Methamphetamine | ||
Precursor Control Act; | ||
12. not have been repeatedly involved as a driver in | ||
motor vehicle collisions or been repeatedly convicted of | ||
offenses against laws and ordinances regulating the | ||
movement of traffic, to a degree which indicates lack of | ||
ability to exercise ordinary and reasonable care in the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws and the safety of other persons upon the | ||
highway; | ||
13. not have, through the unlawful operation of a | ||
motor vehicle, caused a crash resulting in the death of | ||
any person; | ||
14. not have, within the last 5 years, been adjudged | ||
to be afflicted with or suffering from any mental | ||
disability or disease; | ||
15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under | ||
Section 6-106.1c of this Code by the employer of the | ||
applicant to the Secretary of State; and | ||
16. not have been convicted of committing or | ||
attempting to commit within the last 20 years: (i) an | ||
offense defined in subsection (c) of Section 4, subsection | ||
(b) of Section 5, and subsection (a) of Section 8 of the | ||
Cannabis Control Act; or (ii) any offenses in any other | ||
state or against the laws of the United States that, if | ||
committed or attempted in this State, would be punishable | ||
as one or more of the foregoing offenses. | ||
(a-5) If an applicant's driver's license has been | ||
suspended within the 3 years immediately prior to the date of | ||
application for the sole reason of failure to pay child | ||
support, that suspension shall not bar the applicant from | ||
receiving a school bus driver permit. | ||
(a-10) (a-5) By January 1, 2024, the Secretary of State, | ||
in conjunction with the Illinois State Board of Education, | ||
shall develop a separate classroom course and refresher course | ||
for operation of vehicles of the first division being operated | ||
as school buses. Regional superintendents of schools, working | ||
with the Illinois State Board of Education, shall offer the | ||
course. | ||
(b) A school bus driver permit shall be valid for a period | ||
specified by the Secretary of State as set forth by rule. It | ||
shall be renewable upon compliance with subsection (a) of this |
Section. | ||
(c) A school bus driver permit shall contain the holder's | ||
driver's license number, legal name, residence address, zip | ||
code, and date of birth, a brief description of the holder , and | ||
a space for signature. The Secretary of State may require a | ||
suitable photograph of the holder. | ||
(d) The employer shall be responsible for conducting a | ||
pre-employment interview with prospective school bus driver | ||
candidates, distributing school bus driver applications and | ||
medical forms to be completed by the applicant, and submitting | ||
the applicant's fingerprint cards to the Illinois State Police | ||
that are required for the criminal background investigations. | ||
The employer shall certify in writing to the Secretary of | ||
State that all pre-employment conditions have been | ||
successfully completed including the successful completion of | ||
an Illinois specific criminal background investigation through | ||
the Illinois State Police and the submission of necessary | ||
fingerprints to the Federal Bureau of Investigation for | ||
criminal history information available through the Federal | ||
Bureau of Investigation system. The applicant shall present | ||
the certification to the Secretary of State at the time of | ||
submitting the school bus driver permit application. | ||
(e) Permits shall initially be provisional upon receiving | ||
certification from the employer that all pre-employment | ||
conditions have been successfully completed, and upon | ||
successful completion of all training and examination |
requirements for the classification of the vehicle to be | ||
operated, the Secretary of State shall provisionally issue a | ||
School Bus Driver Permit. The permit shall remain in a | ||
provisional status pending the completion of the Federal | ||
Bureau of Investigation's criminal background investigation | ||
based upon fingerprinting specimens submitted to the Federal | ||
Bureau of Investigation by the Illinois State Police. The | ||
Federal Bureau of Investigation shall report the findings | ||
directly to the Secretary of State. The Secretary of State | ||
shall remove the bus driver permit from provisional status | ||
upon the applicant's successful completion of the Federal | ||
Bureau of Investigation's criminal background investigation. | ||
(f) A school bus driver permit holder shall notify the | ||
employer and the Secretary of State if he or she is issued an | ||
order of court supervision for or convicted in another state | ||
of an offense that would make him or her ineligible for a | ||
permit under subsection (a) of this Section. The written | ||
notification shall be made within 5 days of the entry of the | ||
order of court supervision or conviction. Failure of the | ||
permit holder to provide the notification is punishable as a | ||
petty offense for a first violation and a Class B misdemeanor | ||
for a second or subsequent violation. | ||
(g) Cancellation; suspension; notice and procedure. | ||
(1) The Secretary of State shall cancel a school bus | ||
driver permit of an applicant whose criminal background | ||
investigation discloses that he or she is not in |
compliance with the provisions of subsection (a) of this | ||
Section. | ||
(2) The Secretary of State shall cancel a school bus | ||
driver permit when he or she receives notice that the | ||
permit holder fails to comply with any provision of this | ||
Section or any rule promulgated for the administration of | ||
this Section. | ||
(3) The Secretary of State shall cancel a school bus | ||
driver permit if the permit holder's restricted commercial | ||
or commercial driving privileges are withdrawn or | ||
otherwise invalidated. | ||
(4) The Secretary of State may not issue a school bus | ||
driver permit for a period of 3 years to an applicant who | ||
fails to obtain a negative result on a drug test as | ||
required in item 6 of subsection (a) of this Section or | ||
under federal law. | ||
(5) The Secretary of State shall forthwith suspend a | ||
school bus driver permit for a period of 3 years upon | ||
receiving notice that the holder has failed to obtain a | ||
negative result on a drug test as required in item 6 of | ||
subsection (a) of this Section or under federal law. | ||
(6) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving | ||
notice from the employer that the holder failed to perform | ||
the inspection procedure set forth in subsection (a) or | ||
(b) of Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving | ||
notice from the employer that the holder refused to submit | ||
to an alcohol or drug test as required by Section 6-106.1c | ||
or has submitted to a test required by that Section which | ||
disclosed an alcohol concentration of more than 0.00 or | ||
disclosed a positive result on a National Institute on | ||
Drug Abuse five-drug panel, utilizing federal standards | ||
set forth in 49 CFR 40.87. | ||
The Secretary of State shall notify the State | ||
Superintendent of Education and the permit holder's | ||
prospective or current employer that the applicant has (1) has | ||
failed a criminal background investigation or (2) is no longer | ||
eligible for a school bus driver permit; and of the related | ||
cancellation of the applicant's provisional school bus driver | ||
permit. The cancellation shall remain in effect pending the | ||
outcome of a hearing pursuant to Section 2-118 of this Code. | ||
The scope of the hearing shall be limited to the issuance | ||
criteria contained in subsection (a) of this Section. A | ||
petition requesting a hearing shall be submitted to the | ||
Secretary of State and shall contain the reason the individual | ||
feels he or she is entitled to a school bus driver permit. The | ||
permit holder's employer shall notify in writing to the | ||
Secretary of State that the employer has certified the removal | ||
of the offending school bus driver from service prior to the | ||
start of that school bus driver's next work shift workshift . |
An employing school board that fails to remove the offending | ||
school bus driver from service is subject to the penalties | ||
defined in Section 3-14.23 of the School Code. A school bus | ||
contractor who violates a provision of this Section is subject | ||
to the penalties defined in Section 6-106.11. | ||
All valid school bus driver permits issued under this | ||
Section prior to January 1, 1995, shall remain effective until | ||
their expiration date unless otherwise invalidated. | ||
(h) When a school bus driver permit holder who is a service | ||
member is called to active duty, the employer of the permit | ||
holder shall notify the Secretary of State, within 30 days of | ||
notification from the permit holder, that the permit holder | ||
has been called to active duty. Upon notification pursuant to | ||
this subsection, (i) the Secretary of State shall characterize | ||
the permit as inactive until a permit holder renews the permit | ||
as provided in subsection (i) of this Section, and (ii) if a | ||
permit holder fails to comply with the requirements of this | ||
Section while called to active duty, the Secretary of State | ||
shall not characterize the permit as invalid. | ||
(i) A school bus driver permit holder who is a service | ||
member returning from active duty must, within 90 days, renew | ||
a permit characterized as inactive pursuant to subsection (h) | ||
of this Section by complying with the renewal requirements of | ||
subsection (b) of this Section. | ||
(j) For purposes of subsections (h) and (i) of this | ||
Section: |
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Service member" means a member of the Armed Services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard. | ||
(k) A private carrier employer of a school bus driver | ||
permit holder, having satisfied the employer requirements of | ||
this Section, shall be held to a standard of ordinary care for | ||
intentional acts committed in the course of employment by the | ||
bus driver permit holder. This subsection (k) shall in no way | ||
limit the liability of the private carrier employer for | ||
violation of any provision of this Section or for the | ||
negligent hiring or retention of a school bus driver permit | ||
holder. | ||
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; | ||
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. | ||
1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130, | ||
eff. 7-1-23; revised 9-19-23.) | ||
(625 ILCS 5/6-118) | ||
Sec. 6-118. Fees. | ||
(a) The fees for licenses and permits under this Article | ||
are as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license |
issued to 18, 19 , and 20 year olds ................. $ 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. $ 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. $ 2 | ||
All driver's licenses for persons | ||
age 87 or older ....................................$ 0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 , and 20 or | ||
age 69 and older) .................................$ 30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. $ 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. $ 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... $ 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document |
in Illinois ....................................... $ 10 | ||
Restricted driving permit .............................. $ 8 | ||
Monitoring device driving permit ...................... $ 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... $ 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... $ 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. $ 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... $ 0 | ||
Original or renewal M or L endorsement ................. $ 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; |
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the | ||
Uniform Commercial Driver License Act, Article V of this | ||
Chapter, the Secretary of State is empowered to prorate the | ||
$24 fee for the commercial driver's license proportionate to | ||
the expiration date of the applicant's Illinois driver's |
license. | ||
The fee for any duplicate license or permit shall be | ||
waived for any person who presents the Secretary of State's | ||
office with a police report showing that his license or permit | ||
was stolen. | ||
The fee for any duplicate license or permit shall be | ||
waived for any person age 60 or older whose driver's license or | ||
permit has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a commercial driver's license, when issued to the | ||
holder of an instruction permit for the same classification or | ||
type of license who becomes eligible for such license. | ||
The fee for a restricted driving permit under this | ||
subsection (a) shall be imposed annually until the expiration | ||
of the permit. | ||
(a-5) The fee for a driver's record or data contained | ||
therein is $20 and shall be disbursed as set forth in | ||
subsection (k) of Section 2-123 of this Code. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle in this State has been suspended or revoked | ||
under Section 3-707, any provision of Chapter 6, Chapter 11, | ||
or Section 7-205, 7-303, or 7-702 of the Illinois Safety and | ||
Family Financial Responsibility Law of this Code, shall in | ||
addition to any other fees required by this Code, pay a | ||
reinstatement fee as follows: | ||
Suspension under Section 3-707 ..................... $100 |
Suspension under Section 11-1431 ....................$100 | ||
Summary suspension under Section 11-501.1 ...........$250 | ||
Suspension under Section 11-501.9 ...................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate | ||
a motor vehicle in this State has been suspended or revoked for | ||
a second or subsequent time for a violation of Section 11-501, | ||
11-501.1, or 11-501.9 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
and each suspension or revocation was for a violation of | ||
Section 11-501, 11-501.1, or 11-501.9 of this Code or a | ||
similar provision of a local ordinance or a similar | ||
out-of-state offense or Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 shall pay, in addition to any | ||
other fees required by this Code, a reinstatement fee as | ||
follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ...................$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this | ||
Chapter 6 shall be disbursed under subsection (g) of Section | ||
2-119 of this Code, except as follows: |
1. The following amounts shall be paid into the | ||
Drivers Education Fund: | ||
(A) $16 of the $20 fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license; | ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a license | ||
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the Drunk | ||
and Drugged Driving Prevention Fund. However, for a person | ||
whose license or privilege to operate a motor vehicle in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for a violation of Section 11-501, | ||
11-501.1, or 11-501.9 of this Code or Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, $190 of | ||
the $500 fee for reinstatement of a license summarily | ||
suspended under Section 11-501.1 or suspended under | ||
Section 11-501.9, and $190 of the $500 fee for | ||
reinstatement of a revoked license shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the |
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of the original or renewal fee for a commercial | ||
driver's license and $6 of the commercial learner's permit | ||
fee when the permit is issued to any person holding a valid | ||
Illinois driver's license, shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended under the Illinois Safety and Family Financial | ||
Responsibility Law shall be paid into the Family | ||
Responsibility Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's license or commercial learner's permit shall be | ||
paid into the Motor Carrier Safety Inspection Fund. | ||
7. The following amounts shall be paid into the | ||
General Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under Section 11-501.1 or a | ||
suspension under Section 11-501.9; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided in subsection (b) of this Section; | ||
and |
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
8. Fees collected under paragraph (4) of subsection | ||
(d) and subsection (h) of Section 6-205 of this Code; | ||
subparagraph (C) of paragraph 3 of subsection (c) of | ||
Section 6-206 of this Code; and paragraph (4) of | ||
subsection (a) of Section 6-206.1 of this Code, shall be | ||
paid into the funds set forth in those Sections. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. The additional fees imposed by this amendatory | ||
Act of the 103rd General Assembly shall become effective July | ||
1, 2023 and shall be paid into the Secretary of State Special | ||
Services Fund. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.) |
(625 ILCS 5/6-508.5) | ||
Sec. 6-508.5. Drug and alcohol clearinghouse. | ||
(a) No driver who has engaged in conduct prohibited by | ||
subpart B of 49 CFR 382 shall perform safety-sensitive | ||
functions, including driving a commercial motor vehicle, | ||
unless the driver has met the return-to-duty return to duty | ||
requirements of subpart O of 49 CFR 40 and, if the driver's CDL | ||
or CLP was canceled, has had the CDL or CLP reinstated. | ||
(b) By applying for a CDL or CLP, a driver is deemed to | ||
have consented to the release of information from the drug and | ||
alcohol clearinghouse to the Secretary of State. | ||
(c) No later than November 18, 2024, the Secretary shall | ||
request information from the drug and alcohol clearinghouse | ||
for all applicants applying for an initial, renewal, transfer, | ||
or upgraded CDL or CLP. If the Secretary receives notification | ||
that pursuant to 49 CFR 382.503 the applicant is prohibited | ||
from operating a commercial motor vehicle, the Secretary shall | ||
not issue, renew, transfer, or upgrade a CDL or CLP. | ||
(d) No later than November 18, 2024, the Secretary must, | ||
upon receiving notification from the drug and alcohol | ||
clearinghouse that a holder of a CDL or CLP is prohibited from | ||
operating a commercial motor vehicle, cancel the CDL or CLP. | ||
The cancellation must be completed and recorded on the CDLIS | ||
driver record within 60 days after the State's receipt of such | ||
a notification. Upon notification from the Federal Motor |
Carrier Safety Administration that a driver has completed the | ||
return-to-duty process, the Secretary may reinstate the | ||
driver's CDL or CLP privileges. | ||
(e) Upon notification from the Federal Motor Carrier | ||
Safety Administration that a violation was entered into the | ||
drug and alcohol clearinghouse erroneously, the Secretary | ||
shall reinstate the driver's CDL or CLP privileges and remove | ||
the cancellation from the driving record. | ||
(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.) | ||
(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315) | ||
Sec. 7-315. Certificate A certificate of insurance proof. | ||
(a) Proof of financial responsibility may be made by | ||
filing with the Secretary of State the electronic certificate | ||
of any insurance carrier duly authorized to do business in | ||
this State, certifying that it has issued to or for the benefit | ||
of the person furnishing such proof and named as the insured in | ||
a motor vehicle liability policy, a motor vehicle liability | ||
policy or policies or in certain events an operator's policy | ||
meeting the requirements of this Code and that said policy or | ||
policies are then in full force and effect. All electronic | ||
certificates must be submitted in a manner satisfactory to the | ||
Secretary of State. | ||
(b) Such certificate or certificates shall give the dates | ||
of issuance and expiration of such policy or policies and | ||
certify that the same shall not be canceled unless 15 days' |
prior electronic notice thereof be given to the Secretary of | ||
State and shall explicitly describe all motor vehicles covered | ||
thereby unless the policy or policies are issued to a person | ||
who is not the owner of a motor vehicle. | ||
(c) The Secretary of State shall not accept any | ||
certificate or certificates unless the same shall cover all | ||
motor vehicles then registered in this State in the name of the | ||
person furnishing such proof as owner and an additional | ||
certificate or certificates shall be required as a condition | ||
precedent to the subsequent registration of any motor vehicle | ||
or motor vehicles in the name of the person giving such proof | ||
as owner. | ||
(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.) | ||
(625 ILCS 5/11-208.6) | ||
Sec. 11-208.6. Automated traffic law enforcement system. | ||
(a) As used in this Section, "automated traffic law | ||
enforcement system" means a device with one or more motor | ||
vehicle sensors working in conjunction with a red light signal | ||
to produce recorded images of motor vehicles entering an | ||
intersection against a red signal indication in violation of | ||
Section 11-306 of this Code or a similar provision of a local | ||
ordinance. | ||
An automated traffic law enforcement system is a system, | ||
in a municipality or county operated by a governmental agency, | ||
that produces a recorded image of a motor vehicle's violation |
of a provision of this Code or a local ordinance and is | ||
designed to obtain a clear recorded image of the vehicle and | ||
the vehicle's license plate. The recorded image must also | ||
display the time, date, and location of the violation. | ||
(b) As used in this Section, "recorded images" means | ||
images recorded by an automated traffic law enforcement system | ||
on: | ||
(1) 2 or more photographs; | ||
(2) 2 or more microphotographs; | ||
(3) 2 or more electronic images; or | ||
(4) a video recording showing the motor vehicle and, | ||
on at least one image or portion of the recording, clearly | ||
identifying the registration plate or digital registration | ||
plate number of the motor vehicle. | ||
(b-5) A municipality or county that produces a recorded | ||
image of a motor vehicle's violation of a provision of this | ||
Code or a local ordinance must make the recorded images of a | ||
violation accessible to the alleged violator by providing the | ||
alleged violator with a website address, accessible through | ||
the Internet. | ||
(c) Except as provided under Section 11-208.8 of this | ||
Code, a county or municipality, including a home rule county | ||
or municipality, may not use an automated traffic law | ||
enforcement system to provide recorded images of a motor | ||
vehicle for the purpose of recording its speed. Except as | ||
provided under Section 11-208.8 of this Code, the regulation |
of the use of automated traffic law enforcement systems to | ||
record vehicle speeds is an exclusive power and function of | ||
the State. This subsection (c) is a denial and limitation of | ||
home rule powers and functions under subsection (h) of Section | ||
6 of Article VII of the Illinois Constitution. | ||
(c-5) A county or municipality, including a home rule | ||
county or municipality, may not use an automated traffic law | ||
enforcement system to issue violations in instances where the | ||
motor vehicle comes to a complete stop and does not enter the | ||
intersection, as defined by Section 1-132 of this Code, during | ||
the cycle of the red signal indication unless one or more | ||
pedestrians or bicyclists are present, even if the motor | ||
vehicle stops at a point past a stop line or crosswalk where a | ||
driver is required to stop, as specified in subsection (c) of | ||
Section 11-306 of this Code or a similar provision of a local | ||
ordinance. | ||
(c-6) A county, or a municipality with less than 2,000,000 | ||
inhabitants, including a home rule county or municipality, may | ||
not use an automated traffic law enforcement system to issue | ||
violations in instances where a motorcyclist enters an | ||
intersection against a red signal indication when the red | ||
signal fails to change to a green signal within a reasonable | ||
period of time not less than 120 seconds because of a signal | ||
malfunction or because the signal has failed to detect the | ||
arrival of the motorcycle due to the motorcycle's size or | ||
weight. |
(d) For each violation of a provision of this Code or a | ||
local ordinance recorded by an automatic traffic law | ||
enforcement system, the county or municipality having | ||
jurisdiction shall issue a written notice of the violation to | ||
the registered owner of the vehicle as the alleged violator. | ||
The notice shall be delivered to the registered owner of the | ||
vehicle, by mail, within 30 days after the Secretary of State | ||
notifies the municipality or county of the identity of the | ||
owner of the vehicle, but in no event later than 90 days after | ||
the violation. | ||
The notice shall include: | ||
(1) the name and address of the registered owner of | ||
the vehicle; | ||
(2) the registration number of the motor vehicle | ||
involved in the violation; | ||
(3) the violation charged; | ||
(4) the location where the violation occurred; | ||
(5) the date and time of the violation; | ||
(6) a copy of the recorded images; | ||
(7) the amount of the civil penalty imposed and the | ||
requirements of any traffic education program imposed and | ||
the date by which the civil penalty should be paid and the | ||
traffic education program should be completed; | ||
(8) a statement that recorded images are evidence of a | ||
violation of a red light signal; | ||
(9) a warning that failure to pay the civil penalty, |
to complete a required traffic education program, or to | ||
contest liability in a timely manner is an admission of | ||
liability; | ||
(10) a statement that the person may elect to proceed | ||
by: | ||
(A) paying the fine, completing a required traffic | ||
education program, or both; or | ||
(B) challenging the charge in court, by mail, or | ||
by administrative hearing; and | ||
(11) a website address, accessible through the | ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(e) (Blank). | ||
(f) Based on inspection of recorded images produced by an | ||
automated traffic law enforcement system, a notice alleging | ||
that the violation occurred shall be evidence of the facts | ||
contained in the notice and admissible in any proceeding | ||
alleging a violation under this Section. | ||
(g) Recorded images made by an automatic traffic law | ||
enforcement system are confidential and shall be made | ||
available only to the alleged violator and governmental and | ||
law enforcement agencies for purposes of adjudicating a | ||
violation of this Section, for statistical purposes, or for | ||
other governmental purposes. Any recorded image evidencing a | ||
violation of this Section, however, may be admissible in any | ||
proceeding resulting from the issuance of the citation. |
(h) The court or hearing officer may consider in defense | ||
of a violation: | ||
(1) that the motor vehicle or registration plates or | ||
digital registration plates of the motor vehicle were | ||
stolen before the violation occurred and not under the | ||
control of or in the possession of the owner or lessee at | ||
the time of the violation; | ||
(1.5) that the motor vehicle was hijacked before the | ||
violation occurred and not under the control of or in the | ||
possession of the owner or lessee at the time of the | ||
violation; | ||
(2) that the driver of the vehicle passed through the | ||
intersection when the light was red either (i) in order to | ||
yield the right-of-way to an emergency vehicle or (ii) as | ||
part of a funeral procession; and | ||
(3) any other evidence or issues provided by municipal | ||
or county ordinance. | ||
(i) To demonstrate that the motor vehicle was hijacked or | ||
the motor vehicle or registration plates or digital | ||
registration plates were stolen before the violation occurred | ||
and were not under the control or possession of the owner or | ||
lessee at the time of the violation, the owner or lessee must | ||
submit proof that a report concerning the motor vehicle or | ||
registration plates was filed with a law enforcement agency in | ||
a timely manner. | ||
(j) Unless the driver of the motor vehicle received a |
Uniform Traffic Citation from a police officer at the time of | ||
the violation, the motor vehicle owner is subject to a civil | ||
penalty not exceeding $100 or the completion of a traffic | ||
education program, or both, plus an additional penalty of not | ||
more than $100 for failure to pay the original penalty or to | ||
complete a required traffic education program, or both, in a | ||
timely manner, if the motor vehicle is recorded by an | ||
automated traffic law enforcement system. A violation for | ||
which a civil penalty is imposed under this Section is not a | ||
violation of a traffic regulation governing the movement of | ||
vehicles and may not be recorded on the driving record of the | ||
owner of the vehicle. | ||
(j-3) A registered owner who is a holder of a valid | ||
commercial driver's license is not required to complete a | ||
traffic education program. | ||
(j-5) For purposes of the required traffic education | ||
program only, a registered owner may submit an affidavit to | ||
the court or hearing officer swearing that at the time of the | ||
alleged violation, the vehicle was in the custody and control | ||
of another person. The affidavit must identify the person in | ||
custody and control of the vehicle, including the person's | ||
name and current address. The person in custody and control of | ||
the vehicle at the time of the violation is required to | ||
complete the required traffic education program. If the person | ||
in custody and control of the vehicle at the time of the | ||
violation completes the required traffic education program, |
the registered owner of the vehicle is not required to | ||
complete a traffic education program. | ||
(k) An intersection equipped with an automated traffic law | ||
enforcement system must be posted with a sign visible to | ||
approaching traffic indicating that the intersection is being | ||
monitored by an automated traffic law enforcement system and | ||
informing drivers whether, following a stop, a right turn at | ||
the intersection is permitted or prohibited. | ||
(k-3) A municipality or county that has one or more | ||
intersections equipped with an automated traffic law | ||
enforcement system must provide notice to drivers by posting | ||
the locations of automated traffic law systems on the | ||
municipality or county website. | ||
(k-5) An intersection equipped with an automated traffic | ||
law enforcement system must have a yellow change interval that | ||
conforms with the Illinois Manual on Uniform Traffic Control | ||
Devices (IMUTCD) published by the Illinois Department of | ||
Transportation. Beginning 6 months before it installs an | ||
automated traffic law enforcement system at an intersection, a | ||
county or municipality may not change the yellow change | ||
interval at that intersection. | ||
(k-7) A municipality or county operating an automated | ||
traffic law enforcement system shall conduct a statistical | ||
analysis to assess the safety impact of each automated traffic | ||
law enforcement system at an intersection following | ||
installation of the system and every 2 years thereafter. Each |
statistical analysis shall be based upon the best available | ||
crash, traffic, and other data, and shall cover a period of | ||
time before and after installation of the system sufficient to | ||
provide a statistically valid comparison of safety impact. | ||
Each statistical analysis shall be consistent with | ||
professional judgment and acceptable industry practice. Each | ||
statistical analysis also shall be consistent with the data | ||
required for valid comparisons of before and after conditions | ||
and shall be conducted within a reasonable period following | ||
the installation of the automated traffic law enforcement | ||
system. Each statistical analysis required by this subsection | ||
(k-7) shall be made available to the public and shall be | ||
published on the website of the municipality or county. If a | ||
statistical analysis 36-month indicates that there has been an | ||
increase in the rate of crashes at the approach to the | ||
intersection monitored by the system, the municipality or | ||
county shall undertake additional studies to determine the | ||
cause and severity of the crashes, and may take any action that | ||
it determines is necessary or appropriate to reduce the number | ||
or severity of the crashes at that intersection. | ||
(k-8) Any municipality or county operating an automated | ||
traffic law enforcement system before July 28, 2023 ( the | ||
effective date of Public Act 103-364) this amendatory Act of | ||
the 103rd General Assembly shall conduct a statistical | ||
analysis to assess the safety impact of each automated traffic | ||
law enforcement system at an intersection by no later than one |
year after July 28, 2023 ( the effective date of Public Act | ||
103-364) this amendatory Act of the 103rd General Assembly and | ||
every 2 years thereafter. The statistical analyses shall be | ||
based upon the best available crash, traffic, and other data, | ||
and shall cover a period of time before and after installation | ||
of the system sufficient to provide a statistically valid | ||
comparison of safety impact. The statistical analyses shall be | ||
consistent with professional judgment and acceptable industry | ||
practice. The statistical analyses also shall be consistent | ||
with the data required for valid comparisons of before and | ||
after conditions. The statistical analyses required by this | ||
subsection shall be made available to the public and shall be | ||
published on the website of the municipality or county. If the | ||
statistical analysis for any period following installation of | ||
the system indicates that there has been an increase in the | ||
rate of accidents at the approach to the intersection | ||
monitored by the system, the municipality or county shall | ||
undertake additional studies to determine the cause and | ||
severity of the accidents, and may take any action that it | ||
determines is necessary or appropriate to reduce the number or | ||
severity of the accidents at that intersection. | ||
(l) The compensation paid for an automated traffic law | ||
enforcement system must be based on the value of the equipment | ||
or the services provided and may not be based on the number of | ||
traffic citations issued or the revenue generated by the | ||
system. |
(l-1) No member of the General Assembly and no officer or | ||
employee of a municipality or county shall knowingly accept | ||
employment or receive compensation or fees for services from a | ||
vendor that provides automated traffic law enforcement system | ||
equipment or services to municipalities or counties. No former | ||
member of the General Assembly shall, within a period of 2 | ||
years immediately after the termination of service as a member | ||
of the General Assembly, knowingly accept employment or | ||
receive compensation or fees for services from a vendor that | ||
provides automated traffic law enforcement system equipment or | ||
services to municipalities or counties. No former officer or | ||
employee of a municipality or county shall, within a period of | ||
2 years immediately after the termination of municipal or | ||
county employment, knowingly accept employment or receive | ||
compensation or fees for services from a vendor that provides | ||
automated traffic law enforcement system equipment or services | ||
to municipalities or counties. | ||
(m) This Section applies only to the counties of Cook, | ||
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||
to municipalities located within those counties. | ||
(n) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned |
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(o) (Blank). | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and | ||
address of the lessee. | ||
Upon the provision of information by the lessor pursuant | ||
to this subsection, the county or municipality may issue the | ||
violation to the lessee of the vehicle in the same manner as it | ||
would issue a violation to a registered owner of a vehicle | ||
pursuant to this Section, and the lessee may be held liable for | ||
the violation. | ||
(q) If a county or municipality selects a new vendor for | ||
its automated traffic law enforcement system and must, as a | ||
consequence, apply for a permit, approval, or other | ||
authorization from the Department for reinstallation of one or | ||
more malfunctioning components of that system and if, at the | ||
time of the application for the permit, approval, or other | ||
authorization, the new vendor operates an automated traffic | ||
law enforcement system for any other county or municipality in |
the State, then the Department shall approve or deny the | ||
county or municipality's application for the permit, approval, | ||
or other authorization within 90 days after its receipt. | ||
(r) The Department may revoke any permit, approval, or | ||
other authorization granted to a county or municipality for | ||
the placement, installation, or operation of an automated | ||
traffic law enforcement system if any official or employee who | ||
serves that county or municipality is charged with bribery, | ||
official misconduct, or a similar crime related to the | ||
placement, installation, or operation of the automated traffic | ||
law enforcement system in the county or municipality. | ||
The Department shall adopt any rules necessary to | ||
implement and administer this subsection. The rules adopted by | ||
the Department shall describe the revocation process, shall | ||
ensure that notice of the revocation is provided, and shall | ||
provide an opportunity to appeal the revocation. Any county or | ||
municipality that has a permit, approval, or other | ||
authorization revoked under this subsection may not reapply | ||
for such a permit, approval, or other authorization for a | ||
period of one 1 year after the revocation. | ||
(s) If an automated traffic law enforcement system is | ||
removed or rendered inoperable due to construction, then the | ||
Department shall authorize the reinstallation or use of the | ||
automated traffic law enforcement system within 30 days after | ||
the construction is complete. | ||
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; |
103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised | ||
1-30-24.) | ||
(625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305) | ||
Sec. 11-305. Obedience to and required traffic-control | ||
devices. | ||
(a) The driver of any vehicle shall obey the instructions | ||
of any official traffic-control device applicable thereto | ||
placed or held in accordance with the provisions of this Act, | ||
unless otherwise directed by a police officer, subject to the | ||
exceptions granted the driver of an authorized emergency | ||
vehicle in this Act. | ||
(b) It is unlawful for any person to leave the roadway and | ||
travel across private property to avoid an official | ||
traffic-control traffic control device. | ||
(c) No provision of this Act for which official | ||
traffic-control devices are required shall be enforced against | ||
an alleged violator if at the time and place of the alleged | ||
violation an official device is not in proper position and | ||
sufficiently legible to be seen by an ordinarily observant | ||
person. Whenever a particular section does not state that | ||
official traffic-control devices are required, such section | ||
shall be effective even though no devices are erected or in | ||
place. | ||
(d) Whenever any official traffic-control device is placed | ||
or held in position approximately conforming to the |
requirements of this Act and purports to conform to the lawful | ||
requirements pertaining to such device, such device shall be | ||
presumed to have been so placed or held by the official act or | ||
direction of lawful authority, and comply with the | ||
requirements of this Act, unless the contrary shall be | ||
established by competent evidence. | ||
(e) The driver of a vehicle approaching a traffic control | ||
signal on which no signal light facing such vehicle is | ||
illuminated shall stop before entering the intersection in | ||
accordance with rules applicable in making a stop at a stop | ||
sign. This provision does not apply to the driver of a vehicle | ||
approaching a pedestrian hybrid beacon. | ||
(f) Any violation of subsection (a) that occurs within a | ||
designated highway construction zone or maintenance zone shall | ||
result in a fine of no less than $100 and no more than $1,000. | ||
(Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.) | ||
Section 545. The Public-Private Partnerships for | ||
Transportation Act is amended by changing Section 19 as | ||
follows: | ||
(630 ILCS 5/19) | ||
Sec. 19. Unsolicited proposals. | ||
(a) A responsible public entity may receive unsolicited | ||
proposals for a project and may thereafter enter into a | ||
public-private agreement with a private entity, or a |
consortium of private entities, for the design, construction, | ||
upgrading, operating, ownership, or financing of facilities. | ||
(b) A responsible public entity may consider, evaluate, | ||
and accept an unsolicited proposal for a public-private | ||
partnership project from a private entity if the proposal: | ||
(1) is independently developed and drafted by the | ||
proposer without responsible public entity supervision; | ||
(2) shows that the proposed project could benefit the | ||
transportation system; | ||
(3) includes a financing plan to allow the project to | ||
move forward pursuant to the applicable responsible public | ||
entity's budget and finance requirements; and | ||
(4) includes sufficient detail and information for the | ||
responsible public entity to evaluate the proposal in an | ||
objective and timely manner and permit a determination | ||
that the project would be worthwhile. | ||
(c) The unsolicited proposal shall include the following: | ||
(1) an executive summary covering the major elements | ||
of the proposal; | ||
(2) qualifications concerning the experience, | ||
expertise, technical competence, and qualifications of the | ||
private entity and of each member of its management team | ||
and of other key employees, consultants, and | ||
subcontractors, including the name, address, and | ||
professional designation; | ||
(3) a project description, including, when applicable: |
(A) the limits, scope, and location of the | ||
proposed project; | ||
(B) right-of-way requirements; | ||
(C) connections with other facilities and | ||
improvements to those facilities necessary if the | ||
project is developed; | ||
(D) a conceptual project design; and | ||
(E) a statement of the project's relationship to | ||
and impact upon relevant existing plans of the | ||
responsible public entity; | ||
(4) a facilities project schedule, including when | ||
applicable, estimates of: | ||
(A) dates of contract award; | ||
(B) start of construction; | ||
(C) completion of construction; | ||
(D) start of operations; and | ||
(E) major maintenance or reconstruction activities | ||
during the life of the proposed project agreement; | ||
(5) an operating plan describing the operation of the | ||
completed facility if operation of a facility is part of | ||
the proposal, describing the management structure and | ||
approach, the proposed period of operations, enforcement, | ||
emergency response, and other relevant information; | ||
(6) a finance plan describing the proposed financing | ||
of the project, identifying the source of funds to, where | ||
applicable, design, construct, maintain, and manage the |
project during the term of the proposed contract; and | ||
(7) the legal basis for the project and licenses and | ||
certifications; the private entity must demonstrate that | ||
it has all licenses and certificates necessary to complete | ||
the project. | ||
(d) Within 120 days after receiving an unsolicited | ||
proposal, the responsible public entity shall complete a | ||
preliminary evaluation of the unsolicited proposal and shall | ||
either: | ||
(1) if the preliminary evaluation is unfavorable, | ||
return the proposal without further action; | ||
(2) if the preliminary evaluation is favorable, notify | ||
the proposer that the responsible public entity will | ||
further evaluate the proposal; or | ||
(3) request amendments, clarification, or modification | ||
of the unsolicited proposal. | ||
(e) The procurement process for unsolicited proposals | ||
shall be as follows: | ||
(1) If the responsible public entity chooses to | ||
further evaluate an unsolicited proposal with the intent | ||
to enter into a public-private agreement for the proposed | ||
project, then the responsible public entity shall publish | ||
notice in the Illinois Procurement Bulletin or in a | ||
newspaper of general circulation covering the location of | ||
the project at least once a week for 2 weeks stating that | ||
the responsible public entity has received a proposal and |
will accept other proposals for the same project. The time | ||
frame within which the responsible public entity may | ||
accept other proposals shall be determined by the | ||
responsible public entity on a project-by-project basis | ||
based upon the complexity of the transportation project | ||
and the public benefit to be gained by allowing a longer or | ||
shorter period of time within which other proposals may be | ||
received; however, the time frame for allowing other | ||
proposals must be at least 21 days, but no more than 120 | ||
days, after the initial date of publication. | ||
(2) A copy of the notice must be mailed to each local | ||
government directly affected by the transportation | ||
project. | ||
(3) The responsible public entity shall provide | ||
reasonably sufficient information, including the identity | ||
of its contact person, to enable other private entities to | ||
make proposals. | ||
(4) If, after no less than 120 days, no | ||
counterproposal is received, or if the counterproposals | ||
are evaluated and found to be equal to or inferior to the | ||
original unsolicited proposal, the responsible public | ||
entity may proceed to negotiate a contract with the | ||
original proposer. | ||
(5) If, after no less than 120 days, one or more | ||
counterproposals meeting unsolicited proposal standards | ||
are received, and if, in the opinion of the responsible |
public entity, the counterproposals are evaluated and | ||
found to be superior to the original unsolicited proposal, | ||
the responsible public entity shall proceed to determine | ||
the successful participant through a final procurement | ||
phase known as "Best and Final Offer" (BAFO). The BAFO is a | ||
process whereby a responsible public entity shall invite | ||
the original private sector party and the proponent | ||
submitting the superior counterproposal to engage in a | ||
BAFO phase. The invitation to participate in the BAFO | ||
phase will provide to each participating proposer: | ||
(A) the general concepts that were considered | ||
superior to the original proposal, while keeping | ||
proprietary information contained in the proposals | ||
confidential to the extent possible; and | ||
(B) the preestablished evaluation criteria or the | ||
"basis of award" to be used to determine the | ||
successful proponent. | ||
(6) Offers received in response to the BAFO invitation | ||
will be reviewed by the responsible public entity and | ||
scored in accordance with a preestablished criteria, or | ||
alternatively, in accordance with the basis of award | ||
provision identified through the BAFO process. The | ||
successful proponent will be the proponent offering "best | ||
value" to the responsible public entity. | ||
(7) In all cases, the basis of award will be the best | ||
value to the responsible public entity, as determined by |
the responsible public entity. | ||
(f) After a comprehensive evaluation and acceptance of an | ||
unsolicited proposal and any alternatives, the responsible | ||
public entity may commence negotiations with a proposer, | ||
considering: | ||
(1) the proposal has received a favorable | ||
comprehensive evaluation; | ||
(2) the proposal is not duplicative of existing | ||
infrastructure project; | ||
(3) the alternative proposal does not closely resemble | ||
a pending competitive proposal for a public-private | ||
private partnership or other procurement; | ||
(4) the proposal demonstrates a unique method, | ||
approach, or concept; | ||
(5) facts and circumstances that preclude or warrant | ||
additional competition; | ||
(6) the availability of any funds, debts, or assets | ||
that the State will contribute to the project; | ||
(7) facts and circumstances demonstrating that the | ||
project will likely have a significant adverse impact on | ||
on State bond ratings; and | ||
(8) indemnifications included in the proposal. | ||
(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.) | ||
Section 550. The Clerks of Courts Act is amended by | ||
changing Section 27.1b as follows: |
(705 ILCS 105/27.1b) | ||
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any | ||
other provision of law, all fees charged by the clerks of the | ||
circuit court for the services described in this Section shall | ||
be established, collected, and disbursed in accordance with | ||
this Section. Except as otherwise specified in this Section, | ||
all fees under this Section shall be paid in advance and | ||
disbursed by each clerk on a monthly basis. In a county with a | ||
population of over 3,000,000, units of local government and | ||
school districts shall not be required to pay fees under this | ||
Section in advance and the clerk shall instead send an | ||
itemized bill to the unit of local government or school | ||
district, within 30 days of the fee being incurred, and the | ||
unit of local government or school district shall be allowed | ||
at least 30 days from the date of the itemized bill to pay; | ||
these payments shall be disbursed by each clerk on a monthly | ||
basis. Unless otherwise specified in this Section, the amount | ||
of a fee shall be determined by ordinance or resolution of the | ||
county board and remitted to the county treasurer to be used | ||
for purposes related to the operation of the court system in | ||
the county. In a county with a population of over 3,000,000, | ||
any amount retained by the clerk of the circuit court or | ||
remitted to the county treasurer shall be subject to | ||
appropriation by the county board. | ||
(a) Civil cases. The fee for filing a complaint, petition, |
or other pleading initiating a civil action shall be as set | ||
forth in the applicable schedule under this subsection in | ||
accordance with case categories established by the Supreme | ||
Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $366 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $316 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and | ||
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory |
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $290 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $250 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $357 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $266 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $190 through December 31, 2021 and $184 on and | ||
after January 1, 2022. The fees collected under this | ||
schedule shall be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. |
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund: and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $281 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $200 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(3) SCHEDULE 3: not to exceed a total of $265 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $89 in any other county, except as applied to units | ||
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$190 through December 31, 2021 and $184 on and after | ||
January 1, 2022. The fees collected under this schedule | ||
shall be disbursed as follows: |
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $55 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $22 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $11 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts in accordance with the clerk's | ||
instructions, as follows: | ||
(i) $2 into the Access to Justice Fund; and | ||
(ii) $9 into the Supreme Court Special | ||
Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $199 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $56 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(4) SCHEDULE 4: $0. | ||
(b) Appearance. The fee for filing an appearance in a | ||
civil action, including a cannabis civil law action under the | ||
Cannabis Control Act, shall be as set forth in the applicable | ||
schedule under this subsection in accordance with case |
categories established by the Supreme Court in schedules. | ||
(1) SCHEDULE 1: not to exceed a total of $230 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $191 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $45 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit up to $21 to the State | ||
Treasurer. The State Treasurer shall deposit the | ||
appropriate amounts, in accordance with the clerk's | ||
instructions, as follows: | ||
(i) up to $10, as specified by the Supreme | ||
Court in accordance with Part 10A of Article II of | ||
the Code of Civil Procedure, into the Mandatory | ||
Arbitration Fund; | ||
(ii) $2 into the Access to Justice Fund; and | ||
(iii) $9 into the Supreme Court Special | ||
Purposes Fund. |
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $159 in a county | ||
with a population of 3,000,000 or more and in an amount | ||
not to exceed $125 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(2) SCHEDULE 2: not to exceed a total of $130 in a | ||
county with a population of 3,000,000 or more and not to | ||
exceed $109 in any other county, except as applied to | ||
units of local government and school districts in counties | ||
with more than 3,000,000 inhabitants an amount not to | ||
exceed $75. The fees collected under this schedule shall | ||
be disbursed as follows: | ||
(A) The clerk shall retain a sum, in an amount not | ||
to exceed $50 in a county with a population of | ||
3,000,000 or more and in an amount not to exceed $10 in | ||
any other county determined by the clerk with the | ||
approval of the Supreme Court, to be used for court | ||
automation, court document storage, and administrative | ||
purposes. | ||
(B) The clerk shall remit $9 to the State | ||
Treasurer, which the State Treasurer shall deposit | ||
into the Supreme Court Special Purposes Fund. | ||
(C) The clerk shall remit a sum to the County | ||
Treasurer, in an amount not to exceed $71 in a county |
with a population of 3,000,000 or more and in an amount | ||
not to exceed $90 in any other county, as specified by | ||
ordinance or resolution passed by the county board, | ||
for purposes related to the operation of the court | ||
system in the county. | ||
(3) SCHEDULE 3: $0. | ||
(b-5) Kane County and Will County. In Kane County and Will | ||
County civil cases, there is an additional fee of up to $30 as | ||
set by the county board under Section 5-1101.3 of the Counties | ||
Code to be paid by each party at the time of filing the first | ||
pleading, paper, or other appearance; provided that no | ||
additional fee shall be required if more than one party is | ||
represented in a single pleading, paper, or other appearance. | ||
Distribution of fees collected under this subsection (b-5) | ||
shall be as provided in Section 5-1101.3 of the Counties Code. | ||
(c) Counterclaim or third party complaint. When any | ||
defendant files a counterclaim or third party complaint, as | ||
part of the defendant's answer or otherwise, the defendant | ||
shall pay a filing fee for each counterclaim or third party | ||
complaint in an amount equal to the filing fee the defendant | ||
would have had to pay had the defendant brought a separate | ||
action for the relief sought in the counterclaim or third | ||
party complaint, less the amount of the appearance fee, if | ||
any, that the defendant has already paid in the action in which | ||
the counterclaim or third party complaint is filed. | ||
(d) Alias summons. The clerk shall collect a fee not to |
exceed $6 in a county with a population of 3,000,000 or more | ||
and not to exceed $5 in any other county for each alias summons | ||
or citation issued by the clerk, except as applied to units of | ||
local government and school districts in counties with more | ||
than 3,000,000 inhabitants an amount not to exceed $5 for each | ||
alias summons or citation issued by the clerk. | ||
(e) Jury services. The clerk shall collect, in addition to | ||
other fees allowed by law, a sum not to exceed $212.50, as a | ||
fee for the services of a jury in every civil action not | ||
quasi-criminal in its nature and not a proceeding for the | ||
exercise of the right of eminent domain and in every other | ||
action wherein the right of trial by jury is or may be given by | ||
law. The jury fee shall be paid by the party demanding a jury | ||
at the time of filing the jury demand. If the fee is not paid | ||
by either party, no jury shall be called in the action or | ||
proceeding, and the action or proceeding shall be tried by the | ||
court without a jury. | ||
(f) Change of venue. In connection with a change of venue: | ||
(1) The clerk of the jurisdiction from which the case | ||
is transferred may charge a fee, not to exceed $40, for the | ||
preparation and certification of the record; and | ||
(2) The clerk of the jurisdiction to which the case is | ||
transferred may charge the same filing fee as if it were | ||
the commencement of a new suit. | ||
(g) Petition to vacate or modify. | ||
(1) In a proceeding involving a petition to vacate or |
modify any final judgment or order filed within 30 days | ||
after the judgment or order was entered, except for an | ||
eviction case, small claims case, petition to reopen an | ||
estate, petition to modify, terminate, or enforce a | ||
judgment or order for child or spousal support, or | ||
petition to modify, suspend, or terminate an order for | ||
withholding, the fee shall not exceed $60 in a county with | ||
a population of 3,000,000 or more and shall not exceed $50 | ||
in any other county, except as applied to units of local | ||
government and school districts in counties with more than | ||
3,000,000 inhabitants an amount not to exceed $50. | ||
(2) In a proceeding involving a petition to vacate or | ||
modify any final judgment or order filed more than 30 days | ||
after the judgment or order was entered, except for a | ||
petition to modify, terminate, or enforce a judgment or | ||
order for child or spousal support, or petition to modify, | ||
suspend, or terminate an order for withholding, the fee | ||
shall not exceed $75. | ||
(3) In a proceeding involving a motion to vacate or | ||
amend a final order, motion to vacate an ex parte | ||
judgment, judgment of forfeiture, or "failure to appear" | ||
or "failure to comply" notices sent to the Secretary of | ||
State, the fee shall equal $40. | ||
(h) Appeals preparation. The fee for preparation of a | ||
record on appeal shall be based on the number of pages, as | ||
follows: |
(1) if the record contains no more than 100 pages, the | ||
fee shall not exceed $70 in a county with a population of | ||
3,000,000 or more and shall not exceed $50 in any other | ||
county; | ||
(2) if the record contains between 100 and 200 pages, | ||
the fee shall not exceed $100; and | ||
(3) if the record contains 200 or more pages, the | ||
clerk may collect an additional fee not to exceed 25 cents | ||
per page. | ||
(i) Remands. In any cases remanded to the circuit court | ||
from the Supreme Court or the appellate court for a new trial, | ||
the clerk shall reinstate the case with either its original | ||
number or a new number. The clerk shall not charge any new or | ||
additional fee for the reinstatement. Upon reinstatement, the | ||
clerk shall advise the parties of the reinstatement. Parties | ||
shall have the same right to a jury trial on remand and | ||
reinstatement that they had before the appeal, and no | ||
additional or new fee or charge shall be made for a jury trial | ||
after remand. | ||
(j) Garnishment, wage deduction, and citation. In | ||
garnishment affidavit, wage deduction affidavit, and citation | ||
petition proceedings: | ||
(1) if the amount in controversy in the proceeding is | ||
not more than $1,000, the fee may not exceed $35 in a | ||
county with a population of 3,000,000 or more and may not | ||
exceed $15 in any other county, except as applied to units |
of local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$15; | ||
(2) if the amount in controversy in the proceeding is | ||
greater than $1,000 and not more than $5,000, the fee may | ||
not exceed $45 in a county with a population of 3,000,000 | ||
or more and may not exceed $30 in any other county, except | ||
as applied to units of local government and school | ||
districts in counties with more than 3,000,000 inhabitants | ||
an amount not to exceed $30; and | ||
(3) if the amount in controversy in the proceeding is | ||
greater than $5,000, the fee may not exceed $65 in a county | ||
with a population of 3,000,000 or more and may not exceed | ||
$50 in any other county, except as applied to units of | ||
local government and school districts in counties with | ||
more than 3,000,000 inhabitants an amount not to exceed | ||
$50. | ||
(j-5) Debt collection. In any proceeding to collect a debt | ||
subject to the exception in item (ii) of subparagraph (A-5) of | ||
paragraph (1) of subsection (z) of this Section, the circuit | ||
court shall order and the clerk shall collect from each | ||
judgment debtor a fee of: | ||
(1) $35 if the amount in controversy in the proceeding | ||
is not more than $1,000; | ||
(2) $45 if the amount in controversy in the proceeding | ||
is greater than $1,000 and not more than $5,000; and |
(3) $65 if the amount in controversy in the proceeding | ||
is greater than $5,000. | ||
(k) Collections. | ||
(1) For all collections made of others, except the | ||
State and county and except in maintenance or child | ||
support cases, the clerk may collect a fee of up to 2.5% of | ||
the amount collected and turned over. | ||
(2) In child support and maintenance cases, the clerk | ||
may collect an annual fee of up to $36 from the person | ||
making payment for maintaining child support records and | ||
the processing of support orders to the State of Illinois | ||
KIDS system and the recording of payments issued by the | ||
State Disbursement Unit for the official record of the | ||
Court. This fee is in addition to and separate from | ||
amounts ordered to be paid as maintenance or child support | ||
and shall be deposited into a Separate Maintenance and | ||
Child Support Collection Fund, of which the clerk shall be | ||
the custodian, ex officio, to be used by the clerk to | ||
maintain child support orders and record all payments | ||
issued by the State Disbursement Unit for the official | ||
record of the Court. The clerk may recover from the person | ||
making the maintenance or child support payment any | ||
additional cost incurred in the collection of this annual | ||
fee. | ||
(3) The clerk may collect a fee of $5 for | ||
certifications made to the Secretary of State as provided |
in Section 7-703 of the Illinois Vehicle Code, and this | ||
fee shall be deposited into the Separate Maintenance and | ||
Child Support Collection Fund. | ||
(4) In proceedings to foreclose the lien of delinquent | ||
real estate taxes, State's Attorneys shall receive a fee | ||
of 10% of the total amount realized from the sale of real | ||
estate sold in the proceedings. The clerk shall collect | ||
the fee from the total amount realized from the sale of the | ||
real estate sold in the proceedings and remit to the | ||
County Treasurer to be credited to the earnings of the | ||
Office of the State's Attorney. | ||
(l) Mailing. The fee for the clerk mailing documents shall | ||
not exceed $10 plus the cost of postage. | ||
(m) Certified copies. The fee for each certified copy of a | ||
judgment, after the first copy, shall not exceed $10. | ||
(n) Certification, authentication, and reproduction. | ||
(1) The fee for each certification or authentication | ||
for taking the acknowledgment of a deed or other | ||
instrument in writing with the seal of office shall not | ||
exceed $6. | ||
(2) The fee for reproduction of any document contained | ||
in the clerk's files shall not exceed: | ||
(A) $2 for the first page; | ||
(B) 50 cents per page for the next 19 pages; and | ||
(C) 25 cents per page for all additional pages. | ||
(o) Record search. For each record search, within a |
division or municipal district, the clerk may collect a search | ||
fee not to exceed $6 for each year searched. | ||
(p) Hard copy. For each page of hard copy print output, | ||
when case records are maintained on an automated medium, the | ||
clerk may collect a fee not to exceed $10 in a county with a | ||
population of 3,000,000 or more and not to exceed $6 in any | ||
other county, except as applied to units of local government | ||
and school districts in counties with more than 3,000,000 | ||
inhabitants an amount not to exceed $6. | ||
(q) Index inquiry and other records. No fee shall be | ||
charged for a single plaintiff and defendant index inquiry or | ||
single case record inquiry when this request is made in person | ||
and the records are maintained in a current automated medium, | ||
and when no hard copy print output is requested. The fees to be | ||
charged for management records, multiple case records, and | ||
multiple journal records may be specified by the Chief Judge | ||
pursuant to the guidelines for access and dissemination of | ||
information approved by the Supreme Court. | ||
(r) Performing a marriage. There shall be a $10 fee for | ||
performing a marriage in court. | ||
(s) Voluntary assignment. For filing each deed of | ||
voluntary assignment, the clerk shall collect a fee not to | ||
exceed $20. For recording a deed of voluntary assignment, the | ||
clerk shall collect a fee not to exceed 50 cents for each 100 | ||
words. Exceptions filed to claims presented to an assignee of | ||
a debtor who has made a voluntary assignment for the benefit of |
creditors shall be considered and treated, for the purpose of | ||
taxing costs therein, as actions in which the party or parties | ||
filing the exceptions shall be considered as party or parties | ||
plaintiff, and the claimant or claimants as party or parties | ||
defendant, and those parties respectively shall pay to the | ||
clerk the same fees as provided by this Section to be paid in | ||
other actions. | ||
(t) Expungement petition. Except as provided in Sections | ||
1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may | ||
collect a fee not to exceed $60 for each expungement petition | ||
filed and an additional fee not to exceed $4 for each certified | ||
copy of an order to expunge arrest records. | ||
(u) Transcripts of judgment. For the filing of a | ||
transcript of judgment, the clerk may collect the same fee as | ||
if it were the commencement of a new suit. | ||
(v) Probate filings. | ||
(1) For each account (other than one final account) | ||
filed in the estate of a decedent, or ward, the fee shall | ||
not exceed $25. | ||
(2) For filing a claim in an estate when the amount | ||
claimed is greater than $150 and not more than $500, the | ||
fee shall not exceed $40 in a county with a population of | ||
3,000,000 or more and shall not exceed $25 in any other | ||
county; when the amount claimed is greater than $500 and | ||
not more than $10,000, the fee shall not exceed $55 in a | ||
county with a population of 3,000,000 or more and shall |
not exceed $40 in any other county; and when the amount | ||
claimed is more than $10,000, the fee shall not exceed $75 | ||
in a county with a population of 3,000,000 or more and | ||
shall not exceed $60 in any other county; except the court | ||
in allowing a claim may add to the amount allowed the | ||
filing fee paid by the claimant. | ||
(3) For filing in an estate a claim, petition, or | ||
supplemental proceeding based upon an action seeking | ||
equitable relief including the construction or contest of | ||
a will, enforcement of a contract to make a will, and | ||
proceedings involving testamentary trusts or the | ||
appointment of testamentary trustees, the fee shall not | ||
exceed $60. | ||
(4) There shall be no fee for filing in an estate: (i) | ||
the appearance of any person for the purpose of consent; | ||
or (ii) the appearance of an executor, administrator, | ||
administrator to collect, guardian, guardian ad litem, or | ||
special administrator. | ||
(5) For each jury demand, the fee shall not exceed | ||
$137.50. | ||
(6) For each certified copy of letters of office, of | ||
court order, or other certification, the fee shall not | ||
exceed $2 per page. | ||
(7) For each exemplification, the fee shall not exceed | ||
$2, plus the fee for certification. | ||
(8) The executor, administrator, guardian, petitioner, |
or other interested person or his or her attorney shall | ||
pay the cost of publication by the clerk directly to the | ||
newspaper. | ||
(9) The person on whose behalf a charge is incurred | ||
for witness, court reporter, appraiser, or other | ||
miscellaneous fees shall pay the same directly to the | ||
person entitled thereto. | ||
(10) The executor, administrator, guardian, | ||
petitioner, or other interested person or his or her | ||
attorney shall pay to the clerk all postage charges | ||
incurred by the clerk in mailing petitions, orders, | ||
notices, or other documents pursuant to the provisions of | ||
the Probate Act of 1975. | ||
(w) Corrections of numbers. For correction of the case | ||
number, case title, or attorney computer identification | ||
number, if required by rule of court, on any document filed in | ||
the clerk's office, to be charged against the party that filed | ||
the document, the fee shall not exceed $25. | ||
(x) Miscellaneous. | ||
(1) Interest earned on any fees collected by the clerk | ||
shall be turned over to the county general fund as an | ||
earning of the office. | ||
(2) For any check, draft, or other bank instrument | ||
returned to the clerk for non-sufficient funds, account | ||
closed, or payment stopped, the clerk shall collect a fee | ||
of $25. |
(y) Other fees. Any fees not covered in this Section shall | ||
be set by rule or administrative order of the circuit court | ||
with the approval of the Administrative Office of the Illinois | ||
Courts. The clerk of the circuit court may provide services in | ||
connection with the operation of the clerk's office, other | ||
than those services mentioned in this Section, as may be | ||
requested by the public and agreed to by the clerk and approved | ||
by the Chief Judge. Any charges for additional services shall | ||
be as agreed to between the clerk and the party making the | ||
request and approved by the Chief Judge. Nothing in this | ||
subsection shall be construed to require any clerk to provide | ||
any service not otherwise required by law. | ||
(y-5) Unpaid fees. Unless a court ordered payment schedule | ||
is implemented or the fee requirements of this Section are | ||
waived under a court order, the clerk of the circuit court may | ||
add to any unpaid fees and costs under this Section a | ||
delinquency amount equal to 5% of the unpaid fees that remain | ||
unpaid after 30 days, 10% of the unpaid fees that remain unpaid | ||
after 60 days, and 15% of the unpaid fees that remain unpaid | ||
after 90 days. Notice to those parties may be made by signage | ||
posting or publication. The additional delinquency amounts | ||
collected under this Section shall be deposited into the | ||
Circuit Court Clerk Operations and Administration Fund and | ||
used to defray additional administrative costs incurred by the | ||
clerk of the circuit court in collecting unpaid fees and | ||
costs. |
(z) Exceptions. | ||
(1) No fee authorized by this Section shall apply to: | ||
(A) police departments or other law enforcement | ||
agencies. In this Section, "law enforcement agency" | ||
means: an agency of the State or agency of a unit of | ||
local government which is vested by law or ordinance | ||
with the duty to maintain public order and to enforce | ||
criminal laws or ordinances; the Attorney General; or | ||
any State's Attorney; | ||
(A-5) any unit of local government or school | ||
district, except in counties having a population of | ||
500,000 or more the county board may by resolution set | ||
fees for units of local government or school districts | ||
no greater than the minimum fees applicable in | ||
counties with a population less than 3,000,000; | ||
provided however, no fee may be charged to any unit of | ||
local government or school district in connection with | ||
any action which, in whole or in part, is: (i) to | ||
enforce an ordinance; (ii) to collect a debt; or (iii) | ||
under the Administrative Review Law; | ||
(B) any action instituted by the corporate | ||
authority of a municipality with more than 1,000,000 | ||
inhabitants under Section 11-31-1 of the Illinois | ||
Municipal Code and any action instituted under | ||
subsection (b) of Section 11-31-1 of the Illinois | ||
Municipal Code by a private owner or tenant of real |
property within 1,200 feet of a dangerous or unsafe | ||
building seeking an order compelling the owner or | ||
owners of the building to take any of the actions | ||
authorized under that subsection; | ||
(C) any commitment petition or petition for an | ||
order authorizing the administration of psychotropic | ||
medication or electroconvulsive therapy under the | ||
Mental Health and Developmental Disabilities Code; | ||
(D) a petitioner in any order of protection | ||
proceeding, including, but not limited to, fees for | ||
filing, modifying, withdrawing, certifying, or | ||
photocopying petitions for orders of protection, | ||
issuing alias summons, any related filing service, or | ||
certifying, modifying, vacating, or photocopying any | ||
orders of protection; | ||
(E) proceedings for the appointment of a | ||
confidential intermediary under the Adoption Act; | ||
(F) a minor subject to Article III, IV, or V of the | ||
Juvenile Court Act of 1987, or the minor's parent, | ||
guardian, or legal custodian; or | ||
(G) a minor under the age of 18 transferred to | ||
adult court or excluded from juvenile court | ||
jurisdiction under Article V of the Juvenile Court Act | ||
of 1987, or the minor's parent, guardian, or legal | ||
custodian. | ||
(2) No fee other than the filing fee contained in the |
applicable schedule in subsection (a) shall be charged to | ||
any person in connection with an adoption proceeding. | ||
(3) Upon good cause shown, the court may waive any | ||
fees associated with a special needs adoption. The term | ||
"special needs adoption" has the meaning provided by the | ||
Illinois Department of Children and Family Services. | ||
(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21; | ||
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff. | ||
5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.) | ||
Section 555. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5, | ||
3-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14, | ||
4-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601, | ||
5-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7, | ||
6-9, and 6-10 as follows: | ||
(705 ILCS 405/1-8) | ||
Sec. 1-8. Confidentiality and accessibility of juvenile | ||
court records. | ||
(A) A juvenile adjudication shall never be considered a | ||
conviction nor shall an adjudicated individual be considered a | ||
criminal. Unless expressly allowed by law, a juvenile | ||
adjudication shall not operate to impose upon the individual | ||
any of the civil disabilities ordinarily imposed by or | ||
resulting from conviction. Unless expressly allowed by law, |
adjudications shall not prejudice or disqualify the individual | ||
in any civil service application or appointment, from holding | ||
public office, or from receiving any license granted by public | ||
authority. All juvenile court records which have not been | ||
expunged are sealed and may never be disclosed to the general | ||
public or otherwise made widely available. Sealed juvenile | ||
court records may be obtained only under this Section and | ||
Section 1-7 and Part 9 of Article V of this Act, when their use | ||
is needed for good cause and with an order from the juvenile | ||
court. Inspection and copying of juvenile court records | ||
relating to a minor who is the subject of a proceeding under | ||
this Act shall be restricted to the following: | ||
(1) The minor who is the subject of record, the | ||
minor's parents, guardian, and counsel. | ||
(2) Law enforcement officers and law enforcement | ||
agencies when such information is essential to executing | ||
an arrest or search warrant or other compulsory process, | ||
or to conducting an ongoing investigation or relating to a | ||
minor who has been adjudicated delinquent and there has | ||
been a previous finding that the act which constitutes the | ||
previous offense was committed in furtherance of criminal | ||
activities by a criminal street gang. | ||
Before July 1, 1994, for the purposes of this Section, | ||
"criminal street gang" means any ongoing organization, | ||
association, or group of 3 or more persons, whether formal | ||
or informal, having as one of its primary activities the |
commission of one or more criminal acts and that has a | ||
common name or common identifying sign, symbol , or | ||
specific color apparel displayed, and whose members | ||
individually or collectively engage in or have engaged in | ||
a pattern of criminal activity. | ||
Beginning July 1, 1994, for purposes of this Section, | ||
"criminal street gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act. | ||
(3) Judges, hearing officers, prosecutors, public | ||
defenders, probation officers, social workers, or other | ||
individuals assigned by the court to conduct a | ||
pre-adjudication or pre-disposition investigation, and | ||
individuals responsible for supervising or providing | ||
temporary or permanent care and custody for minors under | ||
the order of the juvenile court when essential to | ||
performing their responsibilities. | ||
(4) Judges, federal, State, and local prosecutors, | ||
public defenders, probation officers, and designated | ||
staff: | ||
(a) in the course of a trial when institution of | ||
criminal proceedings has been permitted or required | ||
under Section 5-805; | ||
(b) when criminal proceedings have been permitted | ||
or required under Section 5-805 and a minor is the | ||
subject of a proceeding to determine the conditions of |
pretrial release; | ||
(c) when criminal proceedings have been permitted | ||
or required under Section 5-805 and a minor is the | ||
subject of a pre-trial investigation, pre-sentence | ||
investigation or fitness hearing, or proceedings on an | ||
application for probation; or | ||
(d) when a minor becomes 18 years of age or older, | ||
and is the subject of criminal proceedings, including | ||
a hearing to determine the conditions of pretrial | ||
release, a pre-trial investigation, a pre-sentence | ||
investigation, a fitness hearing, or proceedings on an | ||
application for probation. | ||
(5) Adult and Juvenile Prisoner Review Boards. | ||
(6) Authorized military personnel. | ||
(6.5) Employees of the federal government authorized | ||
by law. | ||
(7) Victims, their subrogees and legal | ||
representatives; however, such persons shall have access | ||
only to the name and address of the minor and information | ||
pertaining to the disposition or alternative adjustment | ||
plan of the juvenile court. | ||
(8) Persons engaged in bona fide research, with the | ||
permission of the presiding judge of the juvenile court | ||
and the chief executive of the agency that prepared the | ||
particular records; provided that publication of such | ||
research results in no disclosure of a minor's identity |
and protects the confidentiality of the record. | ||
(9) The Secretary of State to whom the Clerk of the | ||
Court shall report the disposition of all cases, as | ||
required in Section 6-204 of the Illinois Vehicle Code. | ||
However, information reported relative to these offenses | ||
shall be privileged and available only to the Secretary of | ||
State, courts, and police officers. | ||
(10) The administrator of a bonafide substance abuse | ||
student assistance program with the permission of the | ||
presiding judge of the juvenile court. | ||
(11) Mental health professionals on behalf of the | ||
Department of Corrections or the Department of Human | ||
Services or prosecutors who are evaluating, prosecuting, | ||
or investigating a potential or actual petition brought | ||
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is the subject of juvenile court records or | ||
the respondent to a petition brought under the Sexually | ||
Violent Persons Commitment Act, who is the subject of | ||
juvenile court records sought. Any records and any | ||
information obtained from those records under this | ||
paragraph (11) may be used only in sexually violent | ||
persons commitment proceedings. | ||
(12) (Blank). | ||
(A-1) Findings and exclusions of paternity entered in | ||
proceedings occurring under Article II of this Act shall be | ||
disclosed, in a manner and form approved by the Presiding |
Judge of the Juvenile Court, to the Department of Healthcare | ||
and Family Services when necessary to discharge the duties of | ||
the Department of Healthcare and Family Services under Article | ||
X of the Illinois Public Aid Code. | ||
(B) A minor who is the victim in a juvenile proceeding | ||
shall be provided the same confidentiality regarding | ||
disclosure of identity as the minor who is the subject of | ||
record. | ||
(C)(0.1) In cases where the records concern a pending | ||
juvenile court case, the requesting party seeking to inspect | ||
the juvenile court records shall provide actual notice to the | ||
attorney or guardian ad litem of the minor whose records are | ||
sought. | ||
(0.2) In cases where the juvenile court records concern a | ||
juvenile court case that is no longer pending, the requesting | ||
party seeking to inspect the juvenile court records shall | ||
provide actual notice to the minor or the minor's parent or | ||
legal guardian, and the matter shall be referred to the chief | ||
judge presiding over matters pursuant to this Act. | ||
(0.3) In determining whether juvenile court records should | ||
be made available for inspection and whether inspection should | ||
be limited to certain parts of the file, the court shall | ||
consider the minor's interest in confidentiality and | ||
rehabilitation over the requesting party's interest in | ||
obtaining the information. The State's Attorney, the minor, | ||
and the minor's parents, guardian, and counsel shall at all |
times have the right to examine court files and records. | ||
(0.4) Any records obtained in violation of this Section | ||
shall not be admissible in any criminal or civil proceeding, | ||
or operate to disqualify a minor from subsequently holding | ||
public office, or operate as a forfeiture of any public | ||
benefit, right, privilege, or right to receive any license | ||
granted by public authority. | ||
(D) Pending or following any adjudication of delinquency | ||
for any offense defined in Sections 11-1.20 through 11-1.60 or | ||
12-13 through 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the victim of any such offense shall | ||
receive the rights set out in Sections 4 and 6 of the Bill of | ||
Rights of Crime for Victims and Witnesses of Violent Crime | ||
Act; and the juvenile who is the subject of the adjudication, | ||
notwithstanding any other provision of this Act, shall be | ||
treated as an adult for the purpose of affording such rights to | ||
the victim. | ||
(E) Nothing in this Section shall affect the right of a | ||
Civil Service Commission or appointing authority of the | ||
federal government, or any state, county, or municipality | ||
examining the character and fitness of an applicant for | ||
employment with a law enforcement agency, correctional | ||
institution, or fire department to ascertain whether that | ||
applicant was ever adjudicated to be a delinquent minor and, | ||
if so, to examine the records of disposition or evidence which | ||
were made in proceedings under this Act. |
(F) Following any adjudication of delinquency for a crime | ||
which would be a felony if committed by an adult, or following | ||
any adjudication of delinquency for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the State's Attorney shall ascertain | ||
whether the minor respondent is enrolled in school and, if so, | ||
shall provide a copy of the dispositional order to the | ||
principal or chief administrative officer of the school. | ||
Access to the dispositional order shall be limited to the | ||
principal or chief administrative officer of the school and | ||
any school counselor designated by the principal or chief | ||
administrative officer. | ||
(G) Nothing contained in this Act prevents the sharing or | ||
disclosure of information or records relating or pertaining to | ||
juveniles subject to the provisions of the Serious Habitual | ||
Offender Comprehensive Action Program when that information is | ||
used to assist in the early identification and treatment of | ||
habitual juvenile offenders. | ||
(H) When a court hearing a proceeding under Article II of | ||
this Act becomes aware that an earlier proceeding under | ||
Article II had been heard in a different county, that court | ||
shall request, and the court in which the earlier proceedings | ||
were initiated shall transmit, an authenticated copy of the | ||
juvenile court record, including all documents, petitions, and | ||
orders filed and the minute orders, transcript of proceedings, | ||
and docket entries of the court. |
(I) The Clerk of the Circuit Court shall report to the | ||
Illinois State Police, in the form and manner required by the | ||
Illinois State Police, the final disposition of each minor who | ||
has been arrested or taken into custody before the minor's | ||
18th birthday for those offenses required to be reported under | ||
Section 5 of the Criminal Identification Act. Information | ||
reported to the Illinois State Police Department under this | ||
Section may be maintained with records that the Illinois State | ||
Police Department files under Section 2.1 of the Criminal | ||
Identification Act. | ||
(J) The changes made to this Section by Public Act 98-61 | ||
apply to juvenile law enforcement records of a minor who has | ||
been arrested or taken into custody on or after January 1, 2014 | ||
(the effective date of Public Act 98-61). | ||
(K) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (K) shall not apply to the person who is the | ||
subject of the record. | ||
(L) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff. | ||
7-28-23; revised 8-30-23.) | ||
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3) |
Sec. 2-3. Neglected or abused minor. | ||
(1) Those who are neglected include any minor under 18 | ||
years of age or a minor 18 years of age or older for whom the | ||
court has made a finding of probable cause to believe that the | ||
minor is abused, neglected, or dependent under subsection (1) | ||
of Section 2-10 prior to the minor's 18th birthday: | ||
(a) who is not receiving the proper or necessary | ||
support, education as required by law, or medical or other | ||
remedial care recognized under State law as necessary for | ||
a minor's well-being, or other care necessary for the | ||
minor's well-being, including adequate food, clothing , and | ||
shelter, or who is abandoned by the minor's parent or | ||
parents or other person or persons responsible for the | ||
minor's welfare, except that a minor shall not be | ||
considered neglected for the sole reason that the minor's | ||
parent or parents or other person or persons responsible | ||
for the minor's welfare have left the minor in the care of | ||
an adult relative for any period of time, who the parent or | ||
parents or other person responsible for the minor's | ||
welfare know is both a mentally capable adult relative and | ||
physically capable adult relative, as defined by this Act; | ||
or | ||
(b) whose environment is injurious to the minor's | ||
welfare; or | ||
(c) who is a any newborn infant whose blood, urine, or | ||
meconium contains any amount of a controlled substance as |
defined in subsection (f) of Section 102 of the Illinois | ||
Controlled Substances Act , as now or hereafter amended, or | ||
a metabolite of a controlled substance, with the exception | ||
of controlled substances or metabolites of such | ||
substances, the presence of which in the newborn infant is | ||
the result of medical treatment administered to the person | ||
who gave birth or the newborn infant; or | ||
(d) any minor whose parent or other person responsible | ||
for the minor's welfare leaves the minor without | ||
supervision for an unreasonable period of time without | ||
regard for the mental or physical health, safety, or | ||
welfare of that minor. Whether the minor was left without | ||
regard for the mental or physical health, safety, or | ||
welfare of that minor or the period of time was | ||
unreasonable shall be determined by considering the | ||
following factors , including, but not limited to , the | ||
following : | ||
(1) the age of the minor; | ||
(2) the number of minors left at the location; | ||
(3) the special needs of the minor, including | ||
whether the minor is a person with a physical or mental | ||
disability , or is otherwise in need of ongoing | ||
prescribed medical treatment , such as periodic doses | ||
of insulin or other medications; | ||
(4) the duration of time in which the minor was | ||
left without supervision; |
(5) the condition and location of the place where | ||
the minor was left without supervision; | ||
(6) the time of day or night when the minor was | ||
left without supervision; | ||
(7) the weather conditions, including whether the | ||
minor was left in a location with adequate protection | ||
from the natural elements , such as adequate heat or | ||
light; | ||
(8) the location of the parent or guardian at the | ||
time the minor was left without supervision and , the | ||
physical distance the minor was from the parent or | ||
guardian at the time the minor was without | ||
supervision; | ||
(9) whether the minor's movement was restricted , | ||
or the minor was otherwise locked within a room or | ||
other structure; | ||
(10) whether the minor was given a phone number of | ||
a person or location to call in the event of an | ||
emergency and whether the minor was capable of making | ||
an emergency call; | ||
(11) whether there was food and other provision | ||
left for the minor; | ||
(12) whether any of the conduct is attributable to | ||
economic hardship or illness and the parent, guardian , | ||
or other person having physical custody or control of | ||
the child made a good faith effort to provide for the |
health and safety of the minor; | ||
(13) the age and physical and mental capabilities | ||
of the person or persons who provided supervision for | ||
the minor; | ||
(14) whether the minor was left under the | ||
supervision of another person; | ||
(15) any other factor that would endanger the | ||
health and safety of that particular minor; or | ||
(e) any minor who has been provided with interim | ||
crisis intervention services under Section 3-5 of this Act | ||
and whose parent, guardian, or custodian refuses to permit | ||
the minor to return home unless the minor is an immediate | ||
physical danger to the minor or others living in the home. | ||
A minor shall not be considered neglected for the sole | ||
reason that the minor has been relinquished in accordance with | ||
the Abandoned Newborn Infant Protection Act. | ||
(1.5) A minor shall not be considered neglected for the | ||
sole reason that the minor's parent or other person | ||
responsible for the minor's welfare permits the minor to | ||
engage in independent activities unless the minor was | ||
permitted to engage in independent activities under | ||
circumstances presenting unreasonable risk of harm to the | ||
minor's mental or physical health, safety, or well-being. | ||
"Independent activities" includes, but is not limited to: | ||
(a) traveling to and from school , including by | ||
walking, running, or bicycling; |
(b) traveling to and from nearby commercial or | ||
recreational facilities; | ||
(c) engaging in outdoor play; | ||
(d) remaining in a vehicle unattended, except as | ||
otherwise provided by law; | ||
(e) remaining at home or at a similarly appropriate | ||
location unattended; or | ||
(f) engaging in a similar independent activity alone | ||
or with other children. | ||
In determining whether an independent activity presented | ||
unreasonable risk of harm, the court shall consider: | ||
(1) whether the activity is accepted as suitable for | ||
minors of the same age, maturity level, and developmental | ||
capacity as the involved minor; | ||
(2) the factors listed in items (1) through (15) of | ||
paragraph (d) of subsection (1); and | ||
(3) any other factor the court deems relevant. | ||
(2) Those who are abused include any minor under 18 years | ||
of age or a minor 18 years of age or older for whom the court | ||
has made a finding of probable cause to believe that the minor | ||
is abused, neglected, or dependent under subsection (1) of | ||
Section 2-10 prior to the minor's 18th birthday whose parent | ||
or immediate family member, or any person responsible for the | ||
minor's welfare, or any person who is in the same family or | ||
household as the minor, or any individual residing in the same | ||
home as the minor, or a paramour of the minor's parent: |
(i) inflicts, causes to be inflicted, or allows to be | ||
inflicted upon such minor physical injury, by other than | ||
accidental means, which causes death, disfigurement, | ||
impairment of physical or emotional health, or loss or | ||
impairment of any bodily function; | ||
(ii) creates a substantial risk of physical injury to | ||
such minor by other than accidental means which would be | ||
likely to cause death, disfigurement, impairment of | ||
emotional health, or loss or impairment of any bodily | ||
function; | ||
(iii) commits or allows to be committed any sex | ||
offense against such minor, as such sex offenses are | ||
defined in the Criminal Code of 1961 or the Criminal Code | ||
of 2012, or in the Wrongs to Children Act, and extending | ||
those definitions of sex offenses to include minors under | ||
18 years of age; | ||
(iv) commits or allows to be committed an act or acts | ||
of torture upon such minor; | ||
(v) inflicts excessive corporal punishment; | ||
(vi) commits or allows to be committed the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons as defined in Section | ||
10-9 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, upon such minor; or | ||
(vii) allows, encourages , or requires a minor to | ||
commit any act of prostitution, as defined in the Criminal |
Code of 1961 or the Criminal Code of 2012, and extending | ||
those definitions to include minors under 18 years of age. | ||
A minor shall not be considered abused for the sole reason | ||
that the minor has been relinquished in accordance with the | ||
Abandoned Newborn Infant Protection Act. | ||
(3) This Section does not apply to a minor who would be | ||
included herein solely for the purpose of qualifying for | ||
financial assistance for the minor or , the minor's parents, | ||
guardian , or custodian. | ||
(4) The changes made by Public Act 101-79 this amendatory | ||
Act of the 101st General Assembly apply to a case that is | ||
pending on or after July 12, 2019 ( the effective date of Public | ||
Act 101-79) this amendatory Act of the 101st General Assembly . | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; | ||
revised 8-30-23.) | ||
(705 ILCS 405/2-6) (from Ch. 37, par. 802-6) | ||
Sec. 2-6. Duty of officer. (1) A law enforcement officer | ||
who takes a minor into custody under Section 2-5 shall | ||
immediately make a reasonable attempt to notify the parent or | ||
other person legally responsible for the minor's care or the | ||
person with whom the minor resides that the minor has been | ||
taken into custody and where the minor is being held. | ||
(a) A law enforcement officer who takes a minor into | ||
custody with a warrant shall without unnecessary delay | ||
take the minor to the nearest juvenile police officer |
designated for such purposes in the county of venue. | ||
(b) A law enforcement officer who takes a minor into | ||
custody without a warrant shall place the minor in | ||
temporary protective custody and shall immediately notify | ||
the Department of Children and Family Services by | ||
contacting either the central register established under | ||
Section 7.7 of the Abused and Neglected Child Reporting | ||
Act or the nearest Department of Children and Family | ||
Services office. If there is reasonable cause to suspect | ||
that a minor has died as a result of abuse or neglect, the | ||
law enforcement officer shall immediately report such | ||
suspected abuse or neglect to the appropriate medical | ||
examiner or coroner. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/2-9) (from Ch. 37, par. 802-9) | ||
Sec. 2-9. Setting of temporary custody hearing; notice; | ||
release. | ||
(1) Unless sooner released, a minor , as defined in Section | ||
2-3 or 2-4 of this Act , taken into temporary protective | ||
custody must be brought before a judicial officer within 48 | ||
hours, exclusive of Saturdays, Sundays , and court-designated | ||
holidays, for a temporary custody hearing to determine whether | ||
the minor shall be further held in custody. | ||
(2) If the probation officer or such other public officer | ||
designated by the court determines that the minor should be |
retained in custody, the probation officer or such other | ||
public officer designated by the court shall cause a petition | ||
to be filed as provided in Section 2-13 of this Article, and | ||
the clerk of the court shall set the matter for hearing on the | ||
temporary custody hearing calendar. When a parent, guardian, | ||
custodian , or responsible relative is present and so requests, | ||
the temporary custody hearing shall be held immediately if the | ||
court is in session, otherwise at the earliest feasible time. | ||
The petitioner through counsel or such other public officer | ||
designated by the court shall ensure insure notification to | ||
the minor's parent, guardian, custodian , or responsible | ||
relative of the time and place of the hearing by the best | ||
practicable notice, allowing for oral notice in place of | ||
written notice only if provision of written notice is | ||
unreasonable under the circumstances. | ||
(3) The minor must be released from temporary protective | ||
custody at the expiration of the 48-hour 48 hour period | ||
specified by this Section if not brought before a judicial | ||
officer within that period. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.) | ||
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10) | ||
Sec. 2-10. Temporary custody hearing. At the appearance of | ||
the minor before the court at the temporary custody hearing, | ||
all witnesses present shall be examined before the court in | ||
relation to any matter connected with the allegations made in |
the petition. | ||
(1) If the court finds that there is not probable cause to | ||
believe that the minor is abused, neglected , or dependent it | ||
shall release the minor and dismiss the petition. | ||
(2) If the court finds that there is probable cause to | ||
believe that the minor is abused, neglected , or dependent, the | ||
court shall state in writing the factual basis supporting its | ||
finding and the minor, the minor's parent, guardian, or | ||
custodian , and other persons able to give relevant testimony | ||
shall be examined before the court. The Department of Children | ||
and Family Services shall give testimony concerning indicated | ||
reports of abuse and neglect, of which they are aware through | ||
the central registry, involving the minor's parent, guardian , | ||
or custodian. After such testimony, the court may, consistent | ||
with the health, safety , and best interests of the minor, | ||
enter an order that the minor shall be released upon the | ||
request of parent, guardian , or custodian if the parent, | ||
guardian , or custodian appears to take custody. If it is | ||
determined that a parent's, guardian's, or custodian's | ||
compliance with critical services mitigates the necessity for | ||
removal of the minor from the minor's home, the court may enter | ||
an Order of Protection setting forth reasonable conditions of | ||
behavior that a parent, guardian, or custodian must observe | ||
for a specified period of time, not to exceed 12 months, | ||
without a violation; provided, however, that the 12-month | ||
period shall begin anew after any violation. "Custodian" |
includes the Department of Children and Family Services, if it | ||
has been given custody of the child, or any other agency of the | ||
State which has been given custody or wardship of the child. If | ||
it is consistent with the health, safety , and best interests | ||
of the minor, the court may also prescribe shelter care and | ||
order that the minor be kept in a suitable place designated by | ||
the court or in a shelter care facility designated by the | ||
Department of Children and Family Services or a licensed child | ||
welfare agency; however, on and after January 1, 2015 (the | ||
effective date of Public Act 98-803) and before January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of | ||
or committed to the Department of Children and Family Services | ||
by any court, except a minor less than 16 years of age and | ||
committed to the Department of Children and Family Services | ||
under Section 5-710 of this Act or a minor for whom an | ||
independent basis of abuse, neglect, or dependency exists; and | ||
on and after January 1, 2017, a minor charged with a criminal | ||
offense under the Criminal Code of 1961 or the Criminal Code of | ||
2012 or adjudicated delinquent shall not be placed in the | ||
custody of or committed to the Department of Children and | ||
Family Services by any court, except a minor less than 15 years | ||
of age and committed to the Department of Children and Family | ||
Services under Section 5-710 of this Act or a minor for whom an | ||
independent basis of abuse, neglect, or dependency exists. An |
independent basis exists when the allegations or adjudication | ||
of abuse, neglect, or dependency do not arise from the same | ||
facts, incident, or circumstances which give rise to a charge | ||
or adjudication of delinquency. | ||
In placing the minor, the Department or other agency | ||
shall, to the extent compatible with the court's order, comply | ||
with Section 7 of the Children and Family Services Act. In | ||
determining the health, safety , and best interests of the | ||
minor to prescribe shelter care, the court must find that it is | ||
a matter of immediate and urgent necessity for the safety , and | ||
protection of the minor or of the person or property of another | ||
that the minor be placed in a shelter care facility or that the | ||
minor is likely to flee the jurisdiction of the court, and must | ||
further find that reasonable efforts have been made or that, | ||
consistent with the health, safety and best interests of the | ||
minor, no efforts reasonably can be made to prevent or | ||
eliminate the necessity of removal of the minor from the | ||
minor's home. The court shall require documentation from the | ||
Department of Children and Family Services as to the | ||
reasonable efforts that were made to prevent or eliminate the | ||
necessity of removal of the minor from the minor's home or the | ||
reasons why no efforts reasonably could be made to prevent or | ||
eliminate the necessity of removal. When a minor is placed in | ||
the home of a relative, the Department of Children and Family | ||
Services shall complete a preliminary background review of the | ||
members of the minor's custodian's household in accordance |
with Section 4.3 of the Child Care Act of 1969 within 90 days | ||
of that placement. If the minor is ordered placed in a shelter | ||
care facility of the Department of Children and Family | ||
Services or a licensed child welfare agency, the court shall, | ||
upon request of the appropriate Department or other agency, | ||
appoint the Department of Children and Family Services | ||
Guardianship Administrator or other appropriate agency | ||
executive temporary custodian of the minor and the court may | ||
enter such other orders related to the temporary custody as it | ||
deems fit and proper, including the provision of services to | ||
the minor or the minor's family to ameliorate the causes | ||
contributing to the finding of probable cause or to the | ||
finding of the existence of immediate and urgent necessity. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, the Department of Children and Family | ||
Services shall file with the court and serve on the parties a | ||
parent-child visiting plan, within 10 days, excluding weekends | ||
and holidays, after the appointment. The parent-child visiting | ||
plan shall set out the time and place of visits, the frequency | ||
of visits, the length of visits, who shall be present at the | ||
visits, and where appropriate, the minor's opportunities to | ||
have telephone and mail communication with the parents. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, and when the child has siblings in care, |
the Department of Children and Family Services shall file with | ||
the court and serve on the parties a sibling placement and | ||
contact plan within 10 days, excluding weekends and holidays, | ||
after the appointment. The sibling placement and contact plan | ||
shall set forth whether the siblings are placed together, and | ||
if they are not placed together, what, if any, efforts are | ||
being made to place them together. If the Department has | ||
determined that it is not in a child's best interest to be | ||
placed with a sibling, the Department shall document in the | ||
sibling placement and contact plan the basis for its | ||
determination. For siblings placed separately, the sibling | ||
placement and contact plan shall set the time and place for | ||
visits, the frequency of the visits, the length of visits, who | ||
shall be present for the visits, and where appropriate, the | ||
child's opportunities to have contact with their siblings in | ||
addition to in person contact. If the Department determines it | ||
is not in the best interest of a sibling to have contact with a | ||
sibling, the Department shall document in the sibling | ||
placement and contact plan the basis for its determination. | ||
The sibling placement and contact plan shall specify a date | ||
for development of the Sibling Contact Support Plan, under | ||
subsection (f) of Section 7.4 of the Children and Family | ||
Services Act, and shall remain in effect until the Sibling | ||
Contact Support Plan is developed. | ||
For good cause, the court may waive the requirement to | ||
file the parent-child visiting plan or the sibling placement |
and contact plan, or extend the time for filing either plan. | ||
Any party may, by motion, request the court to review the | ||
parent-child visiting plan to determine whether it is | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal. A party may, by motion, | ||
request the court to review the parent-child visiting plan or | ||
the sibling placement and contact plan to determine whether it | ||
is consistent with the minor's best interest. The court may | ||
refer the parties to mediation where available. The frequency, | ||
duration, and locations of visitation shall be measured by the | ||
needs of the child and family, and not by the convenience of | ||
Department personnel. Child development principles shall be | ||
considered by the court in its analysis of how frequent | ||
visitation should be, how long it should last, where it should | ||
take place, and who should be present. If upon motion of the | ||
party to review either plan and after receiving evidence, the | ||
court determines that the parent-child visiting plan is not | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal or that the restrictions | ||
placed on parent-child contact or sibling placement or contact | ||
are contrary to the child's best interests, the court shall | ||
put in writing the factual basis supporting the determination | ||
and enter specific findings based on the evidence. The court | ||
shall enter an order for the Department to implement changes | ||
to the parent-child visiting plan or sibling placement or | ||
contact plan, consistent with the court's findings. At any |
stage of proceeding, any party may by motion request the court | ||
to enter any orders necessary to implement the parent-child | ||
visiting plan, sibling placement or contact plan , or | ||
subsequently developed Sibling Contact Support Plan. Nothing | ||
under this subsection (2) shall restrict the court from | ||
granting discretionary authority to the Department to increase | ||
opportunities for additional parent-child contacts or sibling | ||
contacts, without further court orders. Nothing in this | ||
subsection (2) shall restrict the Department from immediately | ||
restricting or terminating parent-child contact or sibling | ||
contacts, without either amending the parent-child visiting | ||
plan or the sibling contact plan or obtaining a court order, | ||
where the Department or its assigns reasonably believe there | ||
is an immediate need to protect the child's health, safety, | ||
and welfare. Such restrictions or terminations must be based | ||
on available facts to the Department and its assigns when | ||
viewed in light of the surrounding circumstances and shall | ||
only occur on an individual case-by-case basis. The Department | ||
shall file with the court and serve on the parties any | ||
amendments to the plan within 10 days, excluding weekends and | ||
holidays, of the change of the visitation. | ||
Acceptance of services shall not be considered an | ||
admission of any allegation in a petition made pursuant to | ||
this Act, nor may a referral of services be considered as | ||
evidence in any proceeding pursuant to this Act, except where | ||
the issue is whether the Department has made reasonable |
efforts to reunite the family. In making its findings that it | ||
is consistent with the health, safety , and best interests of | ||
the minor to prescribe shelter care, the court shall state in | ||
writing (i) the factual basis supporting its findings | ||
concerning the immediate and urgent necessity for the | ||
protection of the minor or of the person or property of another | ||
and (ii) the factual basis supporting its findings that | ||
reasonable efforts were made to prevent or eliminate the | ||
removal of the minor from the minor's home or that no efforts | ||
reasonably could be made to prevent or eliminate the removal | ||
of the minor from the minor's home. The parents, guardian, | ||
custodian, temporary custodian , and minor shall each be | ||
furnished a copy of such written findings. The temporary | ||
custodian shall maintain a copy of the court order and written | ||
findings in the case record for the child. The order together | ||
with the court's findings of fact in support thereof shall be | ||
entered of record in the court. | ||
Once the court finds that it is a matter of immediate and | ||
urgent necessity for the protection of the minor that the | ||
minor be placed in a shelter care facility, the minor shall not | ||
be returned to the parent, custodian , or guardian until the | ||
court finds that such placement is no longer necessary for the | ||
protection of the minor. | ||
If the child is placed in the temporary custody of the | ||
Department of Children and Family Services for the minor's | ||
protection, the court shall admonish the parents, guardian, |
custodian , or responsible relative that the parents must | ||
cooperate with the Department of Children and Family Services, | ||
comply with the terms of the service plans, and correct the | ||
conditions which require the child to be in care, or risk | ||
termination of their parental rights. The court shall ensure, | ||
by inquiring in open court of each parent, guardian, | ||
custodian , or responsible relative, that the parent, guardian, | ||
custodian , or responsible relative has had the opportunity to | ||
provide the Department with all known names, addresses, and | ||
telephone numbers of each of the minor's living adult | ||
relatives, including, but not limited to, grandparents, | ||
siblings of the minor's parents, and siblings. The court shall | ||
advise the parents, guardian, custodian , or responsible | ||
relative to inform the Department if additional information | ||
regarding the minor's adult relatives becomes available. | ||
(3) If prior to the shelter care hearing for a minor | ||
described in Sections 2-3, 2-4, 3-3 , and 4-3 the moving party | ||
is unable to serve notice on the party respondent, the shelter | ||
care hearing may proceed ex parte. A shelter care order from an | ||
ex parte hearing shall be endorsed with the date and hour of | ||
issuance and shall be filed with the clerk's office and | ||
entered of record. The order shall expire after 10 days from | ||
the time it is issued unless before its expiration it is | ||
renewed, at a hearing upon appearance of the party respondent, | ||
or upon an affidavit of the moving party as to all diligent | ||
efforts to notify the party respondent by notice as herein |
prescribed. The notice prescribed shall be in writing and | ||
shall be personally delivered to the minor or the minor's | ||
attorney and to the last known address of the other person or | ||
persons entitled to notice. The notice shall also state the | ||
nature of the allegations, the nature of the order sought by | ||
the State, including whether temporary custody is sought, and | ||
the consequences of failure to appear and shall contain a | ||
notice that the parties will not be entitled to further | ||
written notices or publication notices of proceedings in this | ||
case, including the filing of an amended petition or a motion | ||
to terminate parental rights, except as required by Supreme | ||
Court Rule 11; and shall explain the right of the parties and | ||
the procedures to vacate or modify a shelter care order as | ||
provided in this Section. The notice for a shelter care | ||
hearing shall be substantially as follows: | ||
NOTICE TO PARENTS AND CHILDREN | ||
OF SHELTER CARE HEARING | ||
On ................ at ........., before the Honorable | ||
................, (address:) ................., the State | ||
of Illinois will present evidence (1) that (name of child | ||
or children) ....................... are abused, | ||
neglected , or dependent for the following reasons: | ||
.............................................. and (2) | ||
whether there is "immediate and urgent necessity" to | ||
remove the child or children from the responsible | ||
relative. |
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
PLACEMENT of the child or children in foster care until a | ||
trial can be held. A trial may not be held for up to 90 | ||
days. You will not be entitled to further notices of | ||
proceedings in this case, including the filing of an | ||
amended petition or a motion to terminate parental rights. | ||
At the shelter care hearing, parents have the | ||
following rights: | ||
1. To ask the court to appoint a lawyer if they | ||
cannot afford one. | ||
2. To ask the court to continue the hearing to | ||
allow them time to prepare. | ||
3. To present evidence concerning: | ||
a. Whether or not the child or children were | ||
abused, neglected or dependent. | ||
b. Whether or not there is "immediate and | ||
urgent necessity" to remove the child from home | ||
(including: their ability to care for the child, | ||
conditions in the home, alternative means of | ||
protecting the child other than removal). | ||
c. The best interests of the child. | ||
4. To cross examine the State's witnesses. | ||
The Notice for rehearings shall be substantially as | ||
follows: | ||
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS |
TO REHEARING ON TEMPORARY CUSTODY | ||
If you were not present at and did not have adequate | ||
notice of the Shelter Care Hearing at which temporary | ||
custody of ............... was awarded to | ||
................, you have the right to request a full | ||
rehearing on whether the State should have temporary | ||
custody of ................. To request this rehearing, | ||
you must file with the Clerk of the Juvenile Court | ||
(address): ........................, in person or by | ||
mailing a statement (affidavit) setting forth the | ||
following: | ||
1. That you were not present at the shelter care | ||
hearing. | ||
2. That you did not get adequate notice | ||
(explaining how the notice was inadequate). | ||
3. Your signature. | ||
4. Signature must be notarized. | ||
The rehearing should be scheduled within 48 hours of | ||
your filing this affidavit. | ||
At the rehearing, your rights are the same as at the | ||
initial shelter care hearing. The enclosed notice explains | ||
those rights. | ||
At the Shelter Care Hearing, children have the | ||
following rights: | ||
1. To have a guardian ad litem appointed. | ||
2. To be declared competent as a witness and to |
present testimony concerning: | ||
a. Whether they are abused, neglected or | ||
dependent. | ||
b. Whether there is "immediate and urgent | ||
necessity" to be removed from home. | ||
c. Their best interests. | ||
3. To cross examine witnesses for other parties. | ||
4. To obtain an explanation of any proceedings and | ||
orders of the court. | ||
(4) If the parent, guardian, legal custodian, responsible | ||
relative, minor age 8 or over, or counsel of the minor did not | ||
have actual notice of or was not present at the shelter care | ||
hearing, the parent, guardian, legal custodian, responsible | ||
relative, minor age 8 or over, or counsel of the minor may file | ||
an affidavit setting forth these facts, and the clerk shall | ||
set the matter for rehearing not later than 48 hours, | ||
excluding Sundays and legal holidays, after the filing of the | ||
affidavit. At the rehearing, the court shall proceed in the | ||
same manner as upon the original hearing. | ||
(5) Only when there is reasonable cause to believe that | ||
the minor taken into custody is a person described in | ||
subsection (3) of Section 5-105 may the minor be kept or | ||
detained in a detention home or county or municipal jail. This | ||
Section shall in no way be construed to limit subsection (6). | ||
(6) No minor under 16 years of age may be confined in a | ||
jail or place ordinarily used for the confinement of prisoners |
in a police station. Minors under 18 years of age must be kept | ||
separate from confined adults and may not at any time be kept | ||
in the same cell, room, or yard with adults confined pursuant | ||
to the criminal law. | ||
(7) If the minor is not brought before a judicial officer | ||
within the time period as specified in Section 2-9, the minor | ||
must immediately be released from custody. | ||
(8) If neither the parent, guardian , or custodian appears | ||
within 24 hours to take custody of a minor released upon | ||
request pursuant to subsection (2) of this Section, then the | ||
clerk of the court shall set the matter for rehearing not later | ||
than 7 days after the original order and shall issue a summons | ||
directed to the parent, guardian , or custodian to appear. At | ||
the same time the probation department shall prepare a report | ||
on the minor. If a parent, guardian , or custodian does not | ||
appear at such rehearing, the judge may enter an order | ||
prescribing that the minor be kept in a suitable place | ||
designated by the Department of Children and Family Services | ||
or a licensed child welfare agency. | ||
(9) Notwithstanding any other provision of this Section | ||
any interested party, including the State, the temporary | ||
custodian, an agency providing services to the minor or family | ||
under a service plan pursuant to Section 8.2 of the Abused and | ||
Neglected Child Reporting Act, foster parent, or any of their | ||
representatives, on notice to all parties entitled to notice, | ||
may file a motion that it is in the best interests of the minor |
to modify or vacate a temporary custody order on any of the | ||
following grounds: | ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the minor remain in shelter care; or | ||
(b) There is a material change in the circumstances of | ||
the natural family from which the minor was removed and | ||
the child can be cared for at home without endangering the | ||
child's health or safety; or | ||
(c) A person not a party to the alleged abuse, neglect | ||
or dependency, including a parent, relative , or legal | ||
guardian, is capable of assuming temporary custody of the | ||
minor; or | ||
(d) Services provided by the Department of Children | ||
and Family Services or a child welfare agency or other | ||
service provider have been successful in eliminating the | ||
need for temporary custody and the child can be cared for | ||
at home without endangering the child's health or safety. | ||
In ruling on the motion, the court shall determine whether | ||
it is consistent with the health, safety , and best interests | ||
of the minor to modify or vacate a temporary custody order. If | ||
the minor is being restored to the custody of a parent, legal | ||
custodian, or guardian who lives outside of Illinois, and an | ||
Interstate Compact has been requested and refused, the court | ||
may order the Department of Children and Family Services to | ||
arrange for an assessment of the minor's proposed living | ||
arrangement and for ongoing monitoring of the health, safety, |
and best interest of the minor and compliance with any order of | ||
protective supervision entered in accordance with Section 2-20 | ||
or 2-25. | ||
The clerk shall set the matter for hearing not later than | ||
14 days after such motion is filed. In the event that the court | ||
modifies or vacates a temporary custody order but does not | ||
vacate its finding of probable cause, the court may order that | ||
appropriate services be continued or initiated in behalf of | ||
the minor and the minor's family. | ||
(10) When the court finds or has found that there is | ||
probable cause to believe a minor is an abused minor as | ||
described in subsection (2) of Section 2-3 and that there is an | ||
immediate and urgent necessity for the abused minor to be | ||
placed in shelter care, immediate and urgent necessity shall | ||
be presumed for any other minor residing in the same household | ||
as the abused minor provided: | ||
(a) Such other minor is the subject of an abuse or | ||
neglect petition pending before the court; and | ||
(b) A party to the petition is seeking shelter care | ||
for such other minor. | ||
Once the presumption of immediate and urgent necessity has | ||
been raised, the burden of demonstrating the lack of immediate | ||
and urgent necessity shall be on any party that is opposing | ||
shelter care for the other minor. | ||
(11) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been arrested or taken into custody on |
or after January 1, 2014 (the effective date of Public Act | ||
98-61). | ||
(12) After the court has placed a minor in the care of a | ||
temporary custodian pursuant to this Section, any party may | ||
file a motion requesting the court to grant the temporary | ||
custodian the authority to serve as a surrogate decision maker | ||
for the minor under the Health Care Surrogate Act for purposes | ||
of making decisions pursuant to paragraph (1) of subsection | ||
(b) of Section 20 of the Health Care Surrogate Act. The court | ||
may grant the motion if it determines by clear and convincing | ||
evidence that it is in the best interests of the minor to grant | ||
the temporary custodian such authority. In making its | ||
determination, the court shall weigh the following factors in | ||
addition to considering the best interests factors listed in | ||
subsection (4.05) of Section 1-3 of this Act: | ||
(a) the efforts to identify and locate the respondents | ||
and adult family members of the minor and the results of | ||
those efforts; | ||
(b) the efforts to engage the respondents and adult | ||
family members of the minor in decision making on behalf | ||
of the minor; | ||
(c) the length of time the efforts in paragraphs (a) | ||
and (b) have been ongoing; | ||
(d) the relationship between the respondents and adult | ||
family members and the minor; | ||
(e) medical testimony regarding the extent to which |
the minor is suffering and the impact of a delay in | ||
decision-making on the minor; and | ||
(f) any other factor the court deems relevant. | ||
If the Department of Children and Family Services is the | ||
temporary custodian of the minor, in addition to the | ||
requirements of paragraph (1) of subsection (b) of Section 20 | ||
of the Health Care Surrogate Act, the Department shall follow | ||
its rules and procedures in exercising authority granted under | ||
this subsection. | ||
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | ||
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/2-20) (from Ch. 37, par. 802-20) | ||
Sec. 2-20. Continuance under supervision. | ||
(1) The court may enter an order of continuance under | ||
supervision : (a) upon an admission or stipulation by the | ||
appropriate respondent or minor respondent of the facts | ||
supporting the petition and before proceeding to findings and | ||
adjudication, or after hearing the evidence at the | ||
adjudicatory hearing but before noting in the minutes of | ||
proceeding a finding of whether or not the minor is abused, | ||
neglected or dependent; and (b) in the absence of objection | ||
made in open court by the minor, the minor's parent, guardian, | ||
custodian, responsible relative, or defense attorney , or the | ||
State's Attorney. | ||
(2) If the minor, the minor's parent, guardian, custodian, |
responsible relative, or defense attorney , or the State's | ||
Attorney, objects in open court to any such continuance and | ||
insists upon proceeding to findings and adjudication, the | ||
court shall so proceed. | ||
(3) Nothing in this Section limits the power of the court | ||
to order a continuance of the hearing for the production of | ||
additional evidence or for any other proper reason. | ||
(4) When a hearing where a minor is alleged to be abused, | ||
neglected or dependent is continued pursuant to this Section, | ||
the court may permit the minor to remain in the minor's home if | ||
the court determines and makes written factual findings that | ||
the minor can be cared for at home when consistent with the | ||
minor's health, safety, and best interests, subject to such | ||
conditions concerning the minor's conduct and supervision as | ||
the court may require by order. | ||
(5) If a petition is filed charging a violation of a | ||
condition of the continuance under supervision, the court | ||
shall conduct a hearing. If the court finds that such | ||
condition of supervision has not been fulfilled the court may | ||
proceed to findings and adjudication and disposition. The | ||
filing of a petition for violation of a condition of the | ||
continuance under supervision shall toll the period of | ||
continuance under supervision until the final determination of | ||
the charge, and the term of the continuance under supervision | ||
shall not run until the hearing and disposition of the | ||
petition for violation; provided where the petition alleges |
conduct that does not constitute a criminal offense, the | ||
hearing must be held within 15 days of the filing of the | ||
petition unless a delay in such hearing has been occasioned by | ||
the minor, in which case the delay shall continue the tolling | ||
of the period of continuance under supervision for the period | ||
of such delay. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/2-28) | ||
Sec. 2-28. Court review. | ||
(1) The court may require any legal custodian or guardian | ||
of the person appointed under this Act to report periodically | ||
to the court or may cite the legal custodian or guardian into | ||
court and require the legal custodian, guardian, or the legal | ||
custodian's or guardian's agency to make a full and accurate | ||
report of the doings of the legal custodian, guardian, or | ||
agency on behalf of the minor. The custodian or guardian, | ||
within 10 days after such citation, or earlier if the court | ||
determines it to be necessary to protect the health, safety, | ||
or welfare of the minor, shall make the report, either in | ||
writing verified by affidavit or orally under oath in open | ||
court, or otherwise as the court directs. Upon the hearing of | ||
the report the court may remove the custodian or guardian and | ||
appoint another in the custodian's or guardian's stead or | ||
restore the minor to the custody of the minor's parents or | ||
former guardian or custodian. However, custody of the minor |
shall not be restored to any parent, guardian, or legal | ||
custodian in any case in which the minor is found to be | ||
neglected or abused under Section 2-3 or dependent under | ||
Section 2-4 of this Act, unless the minor can be cared for at | ||
home without endangering the minor's health or safety and it | ||
is in the best interests of the minor, and if such neglect, | ||
abuse, or dependency is found by the court under paragraph (1) | ||
of Section 2-21 of this Act to have come about due to the acts | ||
or omissions or both of such parent, guardian, or legal | ||
custodian, until such time as an investigation is made as | ||
provided in paragraph (5) and a hearing is held on the issue of | ||
the fitness of such parent, guardian, or legal custodian to | ||
care for the minor and the court enters an order that such | ||
parent, guardian, or legal custodian is fit to care for the | ||
minor. | ||
(1.5) The public agency that is the custodian or guardian | ||
of the minor shall file a written report with the court no | ||
later than 15 days after a minor in the agency's care remains: | ||
(1) in a shelter placement beyond 30 days; | ||
(2) in a psychiatric hospital past the time when the | ||
minor is clinically ready for discharge or beyond medical | ||
necessity for the minor's health; or | ||
(3) in a detention center or Department of Juvenile | ||
Justice facility solely because the public agency cannot | ||
find an appropriate placement for the minor. | ||
The report shall explain the steps the agency is taking to |
ensure the minor is placed appropriately, how the minor's | ||
needs are being met in the minor's shelter placement, and if a | ||
future placement has been identified by the Department, why | ||
the anticipated placement is appropriate for the needs of the | ||
minor and the anticipated placement date. | ||
(1.6) Within 30 days after placing a child in its care in a | ||
qualified residential treatment program, as defined by the | ||
federal Social Security Act, the Department of Children and | ||
Family Services shall prepare a written report for filing with | ||
the court and send copies of the report to all parties. Within | ||
20 days of the filing of the report, or as soon thereafter as | ||
the court's schedule allows but not more than 60 days from the | ||
date of placement, the court shall hold a hearing to consider | ||
the Department's report and determine whether placement of the | ||
child in a qualified residential treatment program provides | ||
the most effective and appropriate level of care for the child | ||
in the least restrictive environment and if the placement is | ||
consistent with the short-term and long-term goals for the | ||
child, as specified in the permanency plan for the child. The | ||
court shall approve or disapprove the placement. If | ||
applicable, the requirements of Sections 2-27.1 and 2-27.2 | ||
must also be met. The Department's written report and the | ||
court's written determination shall be included in and made | ||
part of the case plan for the child. If the child remains | ||
placed in a qualified residential treatment program, the | ||
Department shall submit evidence at each status and permanency |
hearing: | ||
(1) demonstrating that on-going assessment of the | ||
strengths and needs of the child continues to support the | ||
determination that the child's needs cannot be met through | ||
placement in a foster family home, that the placement | ||
provides the most effective and appropriate level of care | ||
for the child in the least restrictive, appropriate | ||
environment, and that the placement is consistent with the | ||
short-term and long-term permanency goal for the child, as | ||
specified in the permanency plan for the child; | ||
(2) documenting the specific treatment or service | ||
needs that should be met for the child in the placement and | ||
the length of time the child is expected to need the | ||
treatment or services; and | ||
(3) the efforts made by the agency to prepare the | ||
child to return home or to be placed with a fit and willing | ||
relative, a legal guardian, or an adoptive parent, or in a | ||
foster family home. | ||
(2) The first permanency hearing shall be conducted by the | ||
judge. Subsequent permanency hearings may be heard by a judge | ||
or by hearing officers appointed or approved by the court in | ||
the manner set forth in Section 2-28.1 of this Act. The initial | ||
hearing shall be held (a) within 12 months from the date | ||
temporary custody was taken, regardless of whether an | ||
adjudication or dispositional hearing has been completed | ||
within that time frame, (b) if the parental rights of both |
parents have been terminated in accordance with the procedure | ||
described in subsection (5) of Section 2-21, within 30 days of | ||
the order for termination of parental rights and appointment | ||
of a guardian with power to consent to adoption, or (c) in | ||
accordance with subsection (2) of Section 2-13.1. Subsequent | ||
permanency hearings shall be held every 6 months or more | ||
frequently if necessary in the court's determination following | ||
the initial permanency hearing, in accordance with the | ||
standards set forth in this Section, until the court | ||
determines that the plan and goal have been achieved. Once the | ||
plan and goal have been achieved, if the minor remains in | ||
substitute care, the case shall be reviewed at least every 6 | ||
months thereafter, subject to the provisions of this Section, | ||
unless the minor is placed in the guardianship of a suitable | ||
relative or other person and the court determines that further | ||
monitoring by the court does not further the health, safety, | ||
or best interest of the child and that this is a stable | ||
permanent placement. The permanency hearings must occur within | ||
the time frames set forth in this subsection and may not be | ||
delayed in anticipation of a report from any source or due to | ||
the agency's failure to timely file its written report (this | ||
written report means the one required under the next paragraph | ||
and does not mean the service plan also referred to in that | ||
paragraph). | ||
The public agency that is the custodian or guardian of the | ||
minor, or another agency responsible for the minor's care, |
shall ensure that all parties to the permanency hearings are | ||
provided a copy of the most recent service plan prepared | ||
within the prior 6 months at least 14 days in advance of the | ||
hearing. If not contained in the agency's service plan, the | ||
agency shall also include a report setting forth (i) any | ||
special physical, psychological, educational, medical, | ||
emotional, or other needs of the minor or the minor's family | ||
that are relevant to a permanency or placement determination | ||
and (ii) for any minor age 16 or over, a written description of | ||
the programs and services that will enable the minor to | ||
prepare for independent living. If not contained in the | ||
agency's service plan, the agency's report shall specify if a | ||
minor is placed in a licensed child care facility under a | ||
corrective plan by the Department due to concerns impacting | ||
the minor's safety and well-being. The report shall explain | ||
the steps the Department is taking to ensure the safety and | ||
well-being of the minor and that the minor's needs are met in | ||
the facility. The agency's written report must detail what | ||
progress or lack of progress the parent has made in correcting | ||
the conditions requiring the child to be in care; whether the | ||
child can be returned home without jeopardizing the child's | ||
health, safety, and welfare, and , if not, what permanency goal | ||
is recommended to be in the best interests of the child, and | ||
why the other permanency goals are not appropriate. The | ||
caseworker must appear and testify at the permanency hearing. | ||
If a permanency hearing has not previously been scheduled by |
the court, the moving party shall move for the setting of a | ||
permanency hearing and the entry of an order within the time | ||
frames set forth in this subsection. | ||
At the permanency hearing, the court shall determine the | ||
future status of the child. The court shall set one of the | ||
following permanency goals: | ||
(A) The minor will be returned home by a specific date | ||
within 5 months. | ||
(B) The minor will be in short-term care with a | ||
continued goal to return home within a period not to | ||
exceed one year, where the progress of the parent or | ||
parents is substantial giving particular consideration to | ||
the age and individual needs of the minor. | ||
(B-1) The minor will be in short-term care with a | ||
continued goal to return home pending a status hearing. | ||
When the court finds that a parent has not made reasonable | ||
efforts or reasonable progress to date, the court shall | ||
identify what actions the parent and the Department must | ||
take in order to justify a finding of reasonable efforts | ||
or reasonable progress and shall set a status hearing to | ||
be held not earlier than 9 months from the date of | ||
adjudication nor later than 11 months from the date of | ||
adjudication during which the parent's progress will again | ||
be reviewed. | ||
(C) The minor will be in substitute care pending court | ||
determination on termination of parental rights. |
(D) Adoption, provided that parental rights have been | ||
terminated or relinquished. | ||
(E) The guardianship of the minor will be transferred | ||
to an individual or couple on a permanent basis provided | ||
that goals (A) through (D) have been deemed inappropriate | ||
and not in the child's best interests. The court shall | ||
confirm that the Department has discussed adoption, if | ||
appropriate, and guardianship with the caregiver prior to | ||
changing a goal to guardianship. | ||
(F) The minor over age 15 will be in substitute care | ||
pending independence. In selecting this permanency goal, | ||
the Department of Children and Family Services may provide | ||
services to enable reunification and to strengthen the | ||
minor's connections with family, fictive kin, and other | ||
responsible adults, provided the services are in the | ||
minor's best interest. The services shall be documented in | ||
the service plan. | ||
(G) The minor will be in substitute care because the | ||
minor cannot be provided for in a home environment due to | ||
developmental disabilities or mental illness or because | ||
the minor is a danger to self or others, provided that | ||
goals (A) through (D) have been deemed inappropriate and | ||
not in the child's best interests. | ||
In selecting any permanency goal, the court shall indicate | ||
in writing the reasons the goal was selected and why the | ||
preceding goals were deemed inappropriate and not in the |
child's best interest. Where the court has selected a | ||
permanency goal other than (A), (B), or (B-1), the Department | ||
of Children and Family Services shall not provide further | ||
reunification services, except as provided in paragraph (F) of | ||
this subsection (2), but shall provide services consistent | ||
with the goal selected. | ||
(H) Notwithstanding any other provision in this | ||
Section, the court may select the goal of continuing | ||
foster care as a permanency goal if: | ||
(1) The Department of Children and Family Services | ||
has custody and guardianship of the minor; | ||
(2) The court has deemed all other permanency | ||
goals inappropriate based on the child's best | ||
interest; | ||
(3) The court has found compelling reasons, based | ||
on written documentation reviewed by the court, to | ||
place the minor in continuing foster care. Compelling | ||
reasons include: | ||
(a) the child does not wish to be adopted or to | ||
be placed in the guardianship of the minor's | ||
relative or foster care placement; | ||
(b) the child exhibits an extreme level of | ||
need such that the removal of the child from the | ||
minor's placement would be detrimental to the | ||
child; or | ||
(c) the child who is the subject of the |
permanency hearing has existing close and strong | ||
bonds with a sibling, and achievement of another | ||
permanency goal would substantially interfere with | ||
the subject child's sibling relationship, taking | ||
into consideration the nature and extent of the | ||
relationship, and whether ongoing contact is in | ||
the subject child's best interest, including | ||
long-term emotional interest, as compared with the | ||
legal and emotional benefit of permanence; | ||
(4) The child has lived with the relative or | ||
foster parent for at least one year; and | ||
(5) The relative or foster parent currently caring | ||
for the child is willing and capable of providing the | ||
child with a stable and permanent environment. | ||
The court shall set a permanency goal that is in the best | ||
interest of the child. In determining that goal, the court | ||
shall consult with the minor in an age-appropriate manner | ||
regarding the proposed permanency or transition plan for the | ||
minor. The court's determination shall include the following | ||
factors: | ||
(1) Age of the child. | ||
(2) Options available for permanence, including both | ||
out-of-state and in-state placement options. | ||
(3) Current placement of the child and the intent of | ||
the family regarding adoption. | ||
(4) Emotional, physical, and mental status or |
condition of the child. | ||
(5) Types of services previously offered and whether | ||
or not the services were successful and, if not | ||
successful, the reasons the services failed. | ||
(6) Availability of services currently needed and | ||
whether the services exist. | ||
(7) Status of siblings of the minor. | ||
The court shall consider (i) the permanency goal contained | ||
in the service plan, (ii) the appropriateness of the services | ||
contained in the plan and whether those services have been | ||
provided, (iii) whether reasonable efforts have been made by | ||
all the parties to the service plan to achieve the goal, and | ||
(iv) whether the plan and goal have been achieved. All | ||
evidence relevant to determining these questions, including | ||
oral and written reports, may be admitted and may be relied on | ||
to the extent of their probative value. | ||
The court shall make findings as to whether, in violation | ||
of Section 8.2 of the Abused and Neglected Child Reporting | ||
Act, any portion of the service plan compels a child or parent | ||
to engage in any activity or refrain from any activity that is | ||
not reasonably related to remedying a condition or conditions | ||
that gave rise or which could give rise to any finding of child | ||
abuse or neglect. The services contained in the service plan | ||
shall include services reasonably related to remedy the | ||
conditions that gave rise to removal of the child from the home | ||
of the child's parents, guardian, or legal custodian or that |
the court has found must be remedied prior to returning the | ||
child home. Any tasks the court requires of the parents, | ||
guardian, or legal custodian or child prior to returning the | ||
child home must be reasonably related to remedying a condition | ||
or conditions that gave rise to or which could give rise to any | ||
finding of child abuse or neglect. | ||
If the permanency goal is to return home, the court shall | ||
make findings that identify any problems that are causing | ||
continued placement of the children away from the home and | ||
identify what outcomes would be considered a resolution to | ||
these problems. The court shall explain to the parents that | ||
these findings are based on the information that the court has | ||
at that time and may be revised, should additional evidence be | ||
presented to the court. | ||
The court shall review the Sibling Contact Support Plan | ||
developed or modified under subsection (f) of Section 7.4 of | ||
the Children and Family Services Act, if applicable. If the | ||
Department has not convened a meeting to develop or modify a | ||
Sibling Contact Support Plan, or if the court finds that the | ||
existing Plan is not in the child's best interest, the court | ||
may enter an order requiring the Department to develop, | ||
modify, or implement a Sibling Contact Support Plan, or order | ||
mediation. | ||
If the goal has been achieved, the court shall enter | ||
orders that are necessary to conform the minor's legal custody | ||
and status to those findings. |
If, after receiving evidence, the court determines that | ||
the services contained in the plan are not reasonably | ||
calculated to facilitate achievement of the permanency goal, | ||
the court shall put in writing the factual basis supporting | ||
the determination and enter specific findings based on the | ||
evidence. The court also shall enter an order for the | ||
Department to develop and implement a new service plan or to | ||
implement changes to the current service plan consistent with | ||
the court's findings. The new service plan shall be filed with | ||
the court and served on all parties within 45 days of the date | ||
of the order. The court shall continue the matter until the new | ||
service plan is filed. Except as authorized by subsection | ||
(2.5) of this Section and as otherwise specifically authorized | ||
by law, the court is not empowered under this Section to order | ||
specific placements, specific services, or specific service | ||
providers to be included in the service plan. | ||
A guardian or custodian appointed by the court pursuant to | ||
this Act shall file updated case plans with the court every 6 | ||
months. | ||
Rights of wards of the court under this Act are | ||
enforceable against any public agency by complaints for relief | ||
by mandamus filed in any proceedings brought under this Act. | ||
(2.5) If, after reviewing the evidence, including evidence | ||
from the Department, the court determines that the minor's | ||
current or planned placement is not necessary or appropriate | ||
to facilitate achievement of the permanency goal, the court |
shall put in writing the factual basis supporting its | ||
determination and enter specific findings based on the | ||
evidence. If the court finds that the minor's current or | ||
planned placement is not necessary or appropriate, the court | ||
may enter an order directing the Department to implement a | ||
recommendation by the minor's treating clinician or a | ||
clinician contracted by the Department to evaluate the minor | ||
or a recommendation made by the Department. If the Department | ||
places a minor in a placement under an order entered under this | ||
subsection (2.5), the Department has the authority to remove | ||
the minor from that placement when a change in circumstances | ||
necessitates the removal to protect the minor's health, | ||
safety, and best interest. If the Department determines | ||
removal is necessary, the Department shall notify the parties | ||
of the planned placement change in writing no later than 10 | ||
days prior to the implementation of its determination unless | ||
remaining in the placement poses an imminent risk of harm to | ||
the minor, in which case the Department shall notify the | ||
parties of the placement change in writing immediately | ||
following the implementation of its decision. The Department | ||
shall notify others of the decision to change the minor's | ||
placement as required by Department rule. | ||
(3) Following the permanency hearing, the court shall | ||
enter a written order that includes the determinations | ||
required under subsection (2) of this Section and sets forth | ||
the following: |
(a) The future status of the minor, including the | ||
permanency goal, and any order necessary to conform the | ||
minor's legal custody and status to such determination; or | ||
(b) If the permanency goal of the minor cannot be | ||
achieved immediately, the specific reasons for continuing | ||
the minor in the care of the Department of Children and | ||
Family Services or other agency for short-term placement, | ||
and the following determinations: | ||
(i) (Blank). | ||
(ii) Whether the services required by the court | ||
and by any service plan prepared within the prior 6 | ||
months have been provided and (A) if so, whether the | ||
services were reasonably calculated to facilitate the | ||
achievement of the permanency goal or (B) if not | ||
provided, why the services were not provided. | ||
(iii) Whether the minor's current or planned | ||
placement is necessary, and appropriate to the plan | ||
and goal, recognizing the right of minors to the least | ||
restrictive (most family-like) setting available and | ||
in close proximity to the parents' home consistent | ||
with the health, safety, best interest, and special | ||
needs of the minor and, if the minor is placed | ||
out-of-state, whether the out-of-state placement | ||
continues to be appropriate and consistent with the | ||
health, safety, and best interest of the minor. | ||
(iv) (Blank). |
(v) (Blank). | ||
(4) The minor or any person interested in the minor may | ||
apply to the court for a change in custody of the minor and the | ||
appointment of a new custodian or guardian of the person or for | ||
the restoration of the minor to the custody of the minor's | ||
parents or former guardian or custodian. | ||
When return home is not selected as the permanency goal: | ||
(a) The Department, the minor, or the current foster | ||
parent or relative caregiver seeking private guardianship | ||
may file a motion for private guardianship of the minor. | ||
Appointment of a guardian under this Section requires | ||
approval of the court. | ||
(b) The State's Attorney may file a motion to | ||
terminate parental rights of any parent who has failed to | ||
make reasonable efforts to correct the conditions which | ||
led to the removal of the child or reasonable progress | ||
toward the return of the child, as defined in subdivision | ||
(D)(m) of Section 1 of the Adoption Act or for whom any | ||
other unfitness ground for terminating parental rights as | ||
defined in subdivision (D) of Section 1 of the Adoption | ||
Act exists. | ||
When parental rights have been terminated for a | ||
minimum of 3 years and the child who is the subject of the | ||
permanency hearing is 13 years old or older and is not | ||
currently placed in a placement likely to achieve | ||
permanency, the Department of Children and Family Services |
shall make reasonable efforts to locate parents whose | ||
rights have been terminated, except when the Court | ||
determines that those efforts would be futile or | ||
inconsistent with the subject child's best interests. The | ||
Department of Children and Family Services shall assess | ||
the appropriateness of the parent whose rights have been | ||
terminated, and shall, as appropriate, foster and support | ||
connections between the parent whose rights have been | ||
terminated and the youth. The Department of Children and | ||
Family Services shall document its determinations and | ||
efforts to foster connections in the child's case plan. | ||
Custody of the minor shall not be restored to any parent, | ||
guardian, or legal custodian in any case in which the minor is | ||
found to be neglected or abused under Section 2-3 or dependent | ||
under Section 2-4 of this Act, unless the minor can be cared | ||
for at home without endangering the minor's health or safety | ||
and it is in the best interest of the minor, and if such | ||
neglect, abuse, or dependency is found by the court under | ||
paragraph (1) of Section 2-21 of this Act to have come about | ||
due to the acts or omissions or both of such parent, guardian, | ||
or legal custodian, until such time as an investigation is | ||
made as provided in paragraph (5) and a hearing is held on the | ||
issue of the health, safety, and best interest of the minor and | ||
the fitness of such parent, guardian, or legal custodian to | ||
care for the minor and the court enters an order that such | ||
parent, guardian, or legal custodian is fit to care for the |
minor. If a motion is filed to modify or vacate a private | ||
guardianship order and return the child to a parent, guardian, | ||
or legal custodian, the court may order the Department of | ||
Children and Family Services to assess the minor's current and | ||
proposed living arrangements and to provide ongoing monitoring | ||
of the health, safety, and best interest of the minor during | ||
the pendency of the motion to assist the court in making that | ||
determination. In the event that the minor has attained 18 | ||
years of age and the guardian or custodian petitions the court | ||
for an order terminating the minor's guardianship or custody, | ||
guardianship or custody shall terminate automatically 30 days | ||
after the receipt of the petition unless the court orders | ||
otherwise. No legal custodian or guardian of the person may be | ||
removed without the legal custodian's or guardian's consent | ||
until given notice and an opportunity to be heard by the court. | ||
When the court orders a child restored to the custody of | ||
the parent or parents, the court shall order the parent or | ||
parents to cooperate with the Department of Children and | ||
Family Services and comply with the terms of an after-care | ||
plan, or risk the loss of custody of the child and possible | ||
termination of their parental rights. The court may also enter | ||
an order of protective supervision in accordance with Section | ||
2-24. | ||
If the minor is being restored to the custody of a parent, | ||
legal custodian, or guardian who lives outside of Illinois, | ||
and an Interstate Compact has been requested and refused, the |
court may order the Department of Children and Family Services | ||
to arrange for an assessment of the minor's proposed living | ||
arrangement and for ongoing monitoring of the health, safety, | ||
and best interest of the minor and compliance with any order of | ||
protective supervision entered in accordance with Section | ||
2-24. | ||
(5) Whenever a parent, guardian, or legal custodian files | ||
a motion for restoration of custody of the minor, and the minor | ||
was adjudicated neglected, abused, or dependent as a result of | ||
physical abuse, the court shall cause to be made an | ||
investigation as to whether the movant has ever been charged | ||
with or convicted of any criminal offense which would indicate | ||
the likelihood of any further physical abuse to the minor. | ||
Evidence of such criminal convictions shall be taken into | ||
account in determining whether the minor can be cared for at | ||
home without endangering the minor's health or safety and | ||
fitness of the parent, guardian, or legal custodian. | ||
(a) Any agency of this State or any subdivision | ||
thereof shall cooperate with the agent of the court in | ||
providing any information sought in the investigation. | ||
(b) The information derived from the investigation and | ||
any conclusions or recommendations derived from the | ||
information shall be provided to the parent, guardian, or | ||
legal custodian seeking restoration of custody prior to | ||
the hearing on fitness and the movant shall have an | ||
opportunity at the hearing to refute the information or |
contest its significance. | ||
(c) All information obtained from any investigation | ||
shall be confidential as provided in Section 5-150 of this | ||
Act. | ||
(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff. | ||
6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.) | ||
(705 ILCS 405/3-5) (from Ch. 37, par. 803-5) | ||
Sec. 3-5. Interim crisis intervention services. | ||
(a) Any minor who is taken into limited custody, or who | ||
independently requests or is referred for assistance, may be | ||
provided crisis intervention services by an agency or | ||
association, as defined in this Act, provided the association | ||
or agency staff (i) immediately investigate the circumstances | ||
of the minor and the facts surrounding the minor being taken | ||
into custody and promptly explain these facts and | ||
circumstances to the minor, and (ii) make a reasonable effort | ||
to inform the minor's parent, guardian , or custodian of the | ||
fact that the minor has been taken into limited custody and | ||
where the minor is being kept, and (iii) if the minor consents, | ||
make a reasonable effort to transport, arrange for the | ||
transportation of, or otherwise release the minor to the | ||
parent, guardian , or custodian. Upon release of the child who | ||
is believed to need or benefit from medical, psychological, | ||
psychiatric , or social services, the association or agency may |
inform the minor and the person to whom the minor is released | ||
of the nature and location of appropriate services and shall, | ||
if requested, assist in establishing contact between the | ||
family and other associations or agencies providing such | ||
services. If the agency or association is unable by all | ||
reasonable efforts to contact a parent, guardian , or | ||
custodian, or if the person contacted lives an unreasonable | ||
distance away, or if the minor refuses to be taken to the | ||
minor's home or other appropriate residence, or if the agency | ||
or association is otherwise unable despite all reasonable | ||
efforts to make arrangements for the safe return of the minor, | ||
the minor may be taken to a temporary living arrangement which | ||
is in compliance with the Child Care Act of 1969 or which is | ||
with persons agreed to by the parents and the agency or | ||
association. | ||
(b) An agency or association is authorized to permit a | ||
minor to be sheltered in a temporary living arrangement | ||
provided the agency seeks to effect the minor's return home or | ||
alternative living arrangements agreeable to the minor and the | ||
parent, guardian, or custodian as soon as practicable. No | ||
minor shall be sheltered in a temporary living arrangement for | ||
more than 21 business days. Throughout such limited custody, | ||
the agency or association shall work with the parent, | ||
guardian, or custodian and the minor's local school district, | ||
the Department of Human Services, the Department of Healthcare | ||
and Family Services, the Department of Juvenile Justice, and |
the Department of Children and Family Services to identify | ||
immediate and long-term treatment or placement. If at any time | ||
during the crisis intervention there is a concern that the | ||
minor has experienced abuse or neglect, the Comprehensive | ||
Community Based-Youth Services provider shall contact the | ||
Department of Children and Family Services as provided in the | ||
Abused and Neglected Child Reporting Act. the minor | ||
(c) Any agency or association or employee thereof acting | ||
reasonably and in good faith in the care of a minor being | ||
provided interim crisis intervention services and shelter care | ||
shall be immune from any civil or criminal liability resulting | ||
from such care. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; | ||
revised 8-30-23.) | ||
(705 ILCS 405/3-6) (from Ch. 37, par. 803-6) | ||
Sec. 3-6. Alternative voluntary residential placement. | ||
(a) A minor and the minor's parent, guardian or custodian | ||
may agree to an arrangement for alternative voluntary | ||
residential placement, in compliance with the " Child Care Act | ||
of 1969 " , without court order. Such placement may continue as | ||
long as there is agreement. | ||
(b) If the minor and the minor's parent, guardian or | ||
custodian cannot agree to an arrangement for alternative | ||
voluntary residential placement in the first instance, or | ||
cannot agree to the continuation of such placement, and the |
minor refuses to return home, the minor or the minor's parent, | ||
guardian or custodian, or a person properly acting at the | ||
minor's request, may file with the court a petition alleging | ||
that the minor requires authoritative intervention as | ||
described in Section 3-3. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/3-16) (from Ch. 37, par. 803-16) | ||
Sec. 3-16. Date for adjudicatory hearing. | ||
(a) (Blank). | ||
(b)(1)(A) When a petition has been filed alleging that the | ||
minor requires authoritative intervention, an adjudicatory | ||
hearing shall be held within 120 days of a demand made by any | ||
party, except that when the court determines that the State, | ||
without success, has exercised due diligence to obtain | ||
evidence material to the case and that there are reasonable | ||
grounds to believe that such evidence may be obtained at a | ||
later date, the court may, upon motion by the State, continue | ||
the adjudicatory hearing for not more than 30 additional days. | ||
The 120-day 120 day period in which an adjudicatory | ||
hearing shall be held is tolled by: (i) delay occasioned by the | ||
minor; or (ii) a continuance allowed pursuant to Section 114-4 | ||
of the Code of Criminal Procedure of 1963 after a court's | ||
determination of the minor's physical incapacity for trial; or | ||
(iii) an interlocutory appeal. Any such delay shall | ||
temporarily suspend, for the time of the delay, the period |
within which the adjudicatory hearing must be held. On the day | ||
of expiration of the delay, the said period shall continue at | ||
the point at which it was suspended. | ||
(B) When no such adjudicatory hearing is held within the | ||
time required by paragraph (b)(1)(A) of this Section, the | ||
court shall, upon motion by any party, dismiss the petition | ||
with prejudice. | ||
(2) Without affecting the applicability of the tolling and | ||
multiple prosecution provisions of paragraph (b)(1) of this | ||
Section, when a petition has been filed alleging that the | ||
minor requires authoritative intervention and the minor is in | ||
shelter care, the adjudicatory hearing shall be held within 10 | ||
judicial days after the date of the order directing shelter | ||
care, or the earliest possible date in compliance with the | ||
notice provisions of Sections 3-17 and 3-18 as to the | ||
custodial parent, guardian , or legal custodian, but no later | ||
than 30 judicial days from the date of the order of the court | ||
directing shelter care. | ||
(3) Any failure to comply with the time limits of | ||
paragraph (b)(2) of this Section shall require the immediate | ||
release of the minor from shelter care, and the time limits of | ||
paragraph (b)(1) shall apply. | ||
(4) Nothing in this Section prevents the minor or the | ||
minor's parents or guardian from exercising their respective | ||
rights to waive the time limits set forth in this Section. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) |
(705 ILCS 405/3-17) (from Ch. 37, par. 803-17) | ||
Sec. 3-17. Summons. | ||
(1) When a petition is filed, the clerk of the court shall | ||
issue a summons with a copy of the petition attached. The | ||
summons shall be directed to the minor's legal guardian or | ||
custodian and to each person named as a respondent in the | ||
petition, except that summons need not be directed to a minor | ||
respondent under 8 years of age for whom the court appoints a | ||
guardian ad litem if the guardian ad litem appears on behalf of | ||
the minor in any proceeding under this Act. | ||
(2) The summons must contain a statement that the minor or | ||
any of the respondents is entitled to have an attorney present | ||
at the hearing on the petition, and that the clerk of the court | ||
should be notified promptly if the minor or any other | ||
respondent desires to be represented by an attorney but is | ||
financially unable to employ counsel. | ||
(3) The summons shall be issued under the seal of the | ||
court, attested to and signed with the name of the clerk of the | ||
court, dated on the day it is issued, and shall require each | ||
respondent to appear and answer the petition on the date set | ||
for the adjudicatory hearing. | ||
(4) The summons may be served by any county sheriff, | ||
coroner , or probation officer, even though the officer is the | ||
petitioner. The return of the summons with endorsement of | ||
service by the officer is sufficient proof thereof. |
(5) Service of a summons and petition shall be made by: (a) | ||
leaving a copy thereof with the person summoned at least 3 days | ||
before the time stated therein for appearance; (b) leaving a | ||
copy at the summoned person's usual place of abode with some | ||
person of the family, of the age of 10 years or upwards, and | ||
informing that person of the contents thereof, provided the | ||
officer or other person making service shall also send a copy | ||
of the summons in a sealed envelope with postage fully | ||
prepaid, addressed to the person summoned at the person's | ||
usual place of abode, at least 3 days before the time stated | ||
therein for appearance; or (c) leaving a copy thereof with the | ||
guardian or custodian of a minor, at least 3 days before the | ||
time stated therein for appearance. If the guardian or | ||
custodian is an agency of the State of Illinois, proper | ||
service may be made by leaving a copy of the summons and | ||
petition with any administrative employee of such agency | ||
designated by such agency to accept service of summons and | ||
petitions. The certificate of the officer or affidavit of the | ||
person that the officer or person has sent the copy pursuant to | ||
this Section is sufficient proof of service. | ||
(6) When a parent or other person, who has signed a written | ||
promise to appear and bring the minor to court or who has | ||
waived or acknowledged service, fails to appear with the minor | ||
on the date set by the court, a bench warrant may be issued for | ||
the parent or other person, the minor, or both. | ||
(7) The appearance of the minor's legal guardian or |
custodian, or a person named as a respondent in a petition, in | ||
any proceeding under this Act shall constitute a waiver of | ||
service of summons and submission to the jurisdiction of the | ||
court. A copy of the summons and petition shall be provided to | ||
the person at the time of the person's appearance. | ||
(8) Fines or assessments, such as fees or administrative | ||
costs, in the service of process shall not be ordered or | ||
imposed on a minor or a minor's parent, guardian, or legal | ||
custodian. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-7-23.) | ||
(705 ILCS 405/3-19) (from Ch. 37, par. 803-19) | ||
Sec. 3-19. Guardian ad litem. | ||
(1) Immediately upon the filing of a petition alleging | ||
that the minor requires authoritative intervention, the court | ||
may appoint a guardian ad litem for the minor if : | ||
(a) such petition alleges that the minor is the victim | ||
of sexual abuse or misconduct; or | ||
(b) such petition alleges that charges alleging the | ||
commission of any of the sex offenses defined in Article | ||
11 or in Section Sections 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 , or 12-16 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
have been filed against a defendant in any court and that | ||
such minor is the alleged victim of the acts of the |
defendant in the commission of such offense. | ||
(2) Unless the guardian ad litem appointed pursuant to | ||
paragraph (1) is an attorney at law, the guardian ad litem | ||
shall be represented in the performance of the guardian ad | ||
litem's duties by counsel. | ||
(3) Before proceeding with the hearing, the court shall | ||
appoint a guardian ad litem for the minor if : | ||
(a) no parent, guardian, custodian , or relative of the | ||
minor appears at the first or any subsequent hearing of | ||
the case; | ||
(b) the petition prays for the appointment of a | ||
guardian with power to consent to adoption; or | ||
(c) the petition for which the minor is before the | ||
court resulted from a report made pursuant to the Abused | ||
and Neglected Child Reporting Act. | ||
(4) The court may appoint a guardian ad litem for the minor | ||
whenever it finds that there may be a conflict of interest | ||
between the minor and the minor's parents or other custodian | ||
or that it is otherwise in the minor's interest to do so. | ||
(5) The reasonable fees of a guardian ad litem appointed | ||
under this Section shall be fixed by the court and paid from | ||
the general fund of the county. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 8-30-23.) | ||
(705 ILCS 405/3-21) (from Ch. 37, par. 803-21) |
Sec. 3-21. Continuance under supervision. | ||
(1) The court may enter an order of continuance under | ||
supervision (a) upon an admission or stipulation by the | ||
appropriate respondent or minor respondent of the facts | ||
supporting the petition and before proceeding to findings and | ||
adjudication, or after hearing the evidence at the | ||
adjudicatory hearing but before noting in the minutes of | ||
proceedings a finding of whether or not the minor is a person | ||
requiring authoritative intervention; and (b) in the absence | ||
of objection made in open court by the minor, the minor's | ||
parent, guardian, custodian, responsible relative, or defense | ||
attorney , or the State's Attorney. | ||
(2) If the minor, the minor's parent, guardian, custodian, | ||
responsible relative, or defense attorney , or State's | ||
Attorney, objects in open court to any such continuance and | ||
insists upon proceeding to findings and adjudication, the | ||
court shall so proceed. | ||
(3) Nothing in this Section limits the power of the court | ||
to order a continuance of the hearing for the production of | ||
additional evidence or for any other proper reason. | ||
(4) When a hearing where a minor is alleged to be a minor | ||
requiring authoritative intervention is continued pursuant to | ||
this Section, the court may permit the minor to remain in the | ||
minor's home subject to such conditions concerning the minor's | ||
conduct and supervision as the court may require by order. | ||
(5) If a petition is filed charging a violation of a |
condition of the continuance under supervision, the court | ||
shall conduct a hearing. If the court finds that such | ||
condition of supervision has not been fulfilled the court may | ||
proceed to findings and adjudication and disposition. The | ||
filing of a petition for violation of a condition of the | ||
continuance under supervision shall toll the period of | ||
continuance under supervision until the final determination of | ||
the charge, and the term of the continuance under supervision | ||
shall not run until the hearing and disposition of the | ||
petition for violation; provided where the petition alleges | ||
conduct that does not constitute a criminal offense, the | ||
hearing must be held within 15 days of the filing of the | ||
petition unless a delay in such hearing has been occasioned by | ||
the minor, in which case the delay shall continue the tolling | ||
of the period of continuance under supervision for the period | ||
of such delay. | ||
(6) (Blank). | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-25-23.) | ||
(705 ILCS 405/3-24) (from Ch. 37, par. 803-24) | ||
Sec. 3-24. Kinds of dispositional orders. | ||
(1) The following kinds of orders of disposition may be | ||
made in respect to wards of the court: A minor found to be | ||
requiring authoritative intervention under Section 3-3 may be | ||
(a) committed to the Department of Children and Family |
Services, subject to Section 5 of the Children and Family | ||
Services Act; (b) placed under supervision and released to the | ||
minor's parents, guardian , or legal custodian; (c) placed in | ||
accordance with Section 3-28 with or without also being placed | ||
under supervision. Conditions of supervision may be modified | ||
or terminated by the court if it deems that the best interests | ||
of the minor and the public will be served thereby; (d) ordered | ||
partially or completely emancipated in accordance with the | ||
provisions of the Emancipation of Minors Act; or (e) subject | ||
to having the minor's driver's license or driving privilege | ||
suspended for such time as determined by the Court but only | ||
until the minor attains 18 years of age. | ||
(2) Any order of disposition may provide for protective | ||
supervision under Section 3-25 and may include an order of | ||
protection under Section 3-26. | ||
(3) Unless the order of disposition expressly so provides, | ||
it does not operate to close proceedings on the pending | ||
petition, but is subject to modification until final closing | ||
and discharge of the proceedings under Section 3-32. | ||
(4) In addition to any other order of disposition, the | ||
court may order any person found to be a minor requiring | ||
authoritative intervention under Section 3-3 to make | ||
restitution, in monetary or non-monetary form, under the terms | ||
and conditions of Section 5-5-6 of the Unified Code of | ||
Corrections, except that the "presentence hearing" referred to | ||
therein shall be the dispositional hearing for purposes of |
this Section. The parent, guardian , or legal custodian of the | ||
minor may pay some or all of such restitution on the minor's | ||
behalf. | ||
(5) Any order for disposition where the minor is committed | ||
or placed in accordance with Section 3-28 shall provide for | ||
the parents or guardian of the estate of such minor to pay to | ||
the legal custodian or guardian of the person of the minor such | ||
sums as are determined by the custodian or guardian of the | ||
person of the minor as necessary for the minor's needs. Such | ||
payments may not exceed the maximum amounts provided for by | ||
Section 9.1 of the Children and Family Services Act. | ||
(6) Whenever the order of disposition requires the minor | ||
to attend school or participate in a program of training, the | ||
truant officer or designated school official shall regularly | ||
report to the court if the minor is a chronic or habitual | ||
truant under Section 26-2a of the School Code. | ||
(7) (Blank). | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-20-23.) | ||
(705 ILCS 405/3-33.5) | ||
Sec. 3-33.5. Truant minors in need of supervision. | ||
(a) Definition. A minor who is reported by the office of | ||
the regional superintendent of schools as a chronic truant may | ||
be subject to a petition for adjudication and adjudged a | ||
truant minor in need of supervision, provided that prior to |
the filing of the petition, the office of the regional | ||
superintendent of schools or a community truancy review board | ||
certifies that the local school has provided appropriate | ||
truancy intervention services to the truant minor and the | ||
minor's family. For purposes of this Section, "truancy | ||
intervention services" means services designed to assist the | ||
minor's return to an educational program, and includes , but is | ||
not limited to: assessments, counseling, mental health | ||
services, shelter, optional and alternative education | ||
programs, tutoring, and educational advocacy. If, after review | ||
by the regional office of education or community truancy | ||
review board, it is determined the local school did not | ||
provide the appropriate interventions, then the minor shall be | ||
referred to a comprehensive community based youth service | ||
agency for truancy intervention services. If the comprehensive | ||
community based youth service agency is incapable to provide | ||
intervention services, then this requirement for services is | ||
not applicable. The comprehensive community based youth | ||
service agency shall submit reports to the office of the | ||
regional superintendent of schools or truancy review board | ||
within 20, 40, and 80 school days of the initial referral or at | ||
any other time requested by the office of the regional | ||
superintendent of schools or truancy review board, which | ||
reports each shall certify the date of the minor's referral | ||
and the extent of the minor's progress and participation in | ||
truancy intervention services provided by the comprehensive |
community based youth service agency. In addition, if, after | ||
referral by the office of the regional superintendent of | ||
schools or community truancy review board, the minor declines | ||
or refuses to fully participate in truancy intervention | ||
services provided by the comprehensive community based youth | ||
service agency, then the agency shall immediately certify such | ||
facts to the office of the regional superintendent of schools | ||
or community truancy review board. | ||
(a-1) There is a rebuttable presumption that a chronic | ||
truant is a truant minor in need of supervision. | ||
(a-2) There is a rebuttable presumption that school | ||
records of a minor's attendance at school are authentic. | ||
(a-3) For purposes of this Section, "chronic truant" has | ||
the meaning ascribed to it in Section 26-2a of the School Code. | ||
(a-4) For purposes of this Section, a "community truancy | ||
review board" is a local community based board comprised of , | ||
but not limited to: representatives from local comprehensive | ||
community based youth service agencies, representatives from | ||
court service agencies, representatives from local schools, | ||
representatives from health service agencies, and | ||
representatives from local professional and community | ||
organizations as deemed appropriate by the office of the | ||
regional superintendent of schools. The regional | ||
superintendent of schools must approve the establishment and | ||
organization of a community truancy review board, and the | ||
regional superintendent of schools or the regional |
superintendent's designee shall chair the board. | ||
(a-5) Nothing in this Section shall be construed to create | ||
a private cause of action or right of recovery against a | ||
regional office of education, its superintendent, or its staff | ||
with respect to truancy intervention services where the | ||
determination to provide the services is made in good faith. | ||
(b) Kinds of dispositional orders. A minor found to be a | ||
truant minor in need of supervision may be: | ||
(1) committed to the appropriate regional | ||
superintendent of schools for a student assistance team | ||
staffing, a service plan, or referral to a comprehensive | ||
community based youth service agency; | ||
(2) required to comply with a service plan as | ||
specifically provided by the appropriate regional | ||
superintendent of schools; | ||
(3) ordered to obtain counseling or other supportive | ||
services; | ||
(4) (blank); | ||
(5) required to perform some reasonable public service | ||
work that does not interfere with school hours, | ||
school-related activities, or work commitments of the | ||
minor or the minor's parent, guardian, or legal custodian; | ||
or | ||
(6) (blank). | ||
A dispositional order may include public service only if | ||
the court has made an express written finding that a truancy |
prevention program has been offered by the school, regional | ||
superintendent of schools, or a comprehensive community based | ||
youth service agency to the truant minor in need of | ||
supervision. | ||
(c) Orders entered under this Section may be enforced by | ||
contempt proceedings. Fines or assessments, such as fees or | ||
administrative costs, shall not be ordered or imposed in | ||
contempt proceedings under this Section. | ||
(Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23; | ||
103-379, eff. 7-28-23; revised 9-20-23.) | ||
(705 ILCS 405/4-8) (from Ch. 37, par. 804-8) | ||
Sec. 4-8. Setting of shelter care hearing. | ||
(1) Unless sooner released, a minor alleged to be addicted | ||
taken into temporary protective custody must be brought before | ||
a judicial officer within 48 hours, exclusive of Saturdays, | ||
Sundays , and holidays, for a shelter care hearing to determine | ||
whether the minor shall be further held in custody. | ||
(2) If the probation officer or such other public officer | ||
designated by the court determines that the minor should be | ||
retained in custody, the probation officer or such other | ||
public officer designated by the court shall cause a petition | ||
to be filed as provided in Section 4-12 of this Act, and the | ||
clerk of the court shall set the matter for hearing on the | ||
shelter care hearing calendar. When a parent, guardian, | ||
custodian , or responsible relative is present and so requests, |
the shelter care hearing shall be held immediately if the | ||
court is in session, otherwise at the earliest feasible time. | ||
The probation officer or such other public officer designated | ||
by the court shall notify the minor's parent, guardian, | ||
custodian , or responsible relative of the time and place of | ||
the hearing. The notice may be given orally. | ||
(3) The minor must be released from custody at the | ||
expiration of the 48-hour 48 hour period, as the case may be, | ||
specified by this Section, if not brought before a judicial | ||
officer within that period. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9) | ||
Sec. 4-9. Shelter care hearing. At the appearance of the | ||
minor before the court at the shelter care hearing, all | ||
witnesses present shall be examined before the court in | ||
relation to any matter connected with the allegations made in | ||
the petition. | ||
(1) If the court finds that there is not probable cause to | ||
believe that the minor is addicted, it shall release the minor | ||
and dismiss the petition. | ||
(2) If the court finds that there is probable cause to | ||
believe that the minor is addicted, the minor, the minor's | ||
parent, guardian, or custodian , and other persons able to give | ||
relevant testimony shall be examined before the court. After | ||
such testimony, the court may enter an order that the minor |
shall be released upon the request of a parent, guardian , or | ||
custodian if the parent, guardian , or custodian appears to | ||
take custody and agrees to abide by a court order which | ||
requires the minor and the minor's parent, guardian, or legal | ||
custodian to complete an evaluation by an entity licensed by | ||
the Department of Human Services, as the successor to the | ||
Department of Alcoholism and Substance Abuse, and complete any | ||
treatment recommendations indicated by the assessment. | ||
"Custodian" includes the Department of Children and Family | ||
Services, if it has been given custody of the child, or any | ||
other agency of the State which has been given custody or | ||
wardship of the child. | ||
The court Court shall require documentation by | ||
representatives of the Department of Children and Family | ||
Services or the probation department as to the reasonable | ||
efforts that were made to prevent or eliminate the necessity | ||
of removal of the minor from the minor's home , and shall | ||
consider the testimony of any person as to those reasonable | ||
efforts. If the court finds that it is a matter of immediate | ||
and urgent necessity for the protection of the minor or of the | ||
person or property of another that the minor be placed in a | ||
shelter care facility or that the minor is likely to flee the | ||
jurisdiction of the court , and , further, finds that reasonable | ||
efforts have been made or good cause has been shown why | ||
reasonable efforts cannot prevent or eliminate the necessity | ||
of removal of the minor from the minor's home, the court may |
prescribe shelter care and order that the minor be kept in a | ||
suitable place designated by the court , or in a shelter care | ||
facility designated by the Department of Children and Family | ||
Services or a licensed child welfare agency, or in a facility | ||
or program licensed by the Department of Human Services for | ||
shelter and treatment services; otherwise , it shall release | ||
the minor from custody. If the court prescribes shelter care, | ||
then in placing the minor, the Department or other agency | ||
shall, to the extent compatible with the court's order, comply | ||
with Section 7 of the Children and Family Services Act. If the | ||
minor is ordered placed in a shelter care facility of the | ||
Department of Children and Family Services or a licensed child | ||
welfare agency, or in a facility or program licensed by the | ||
Department of Human Services for shelter and treatment | ||
services, the court shall, upon request of the appropriate | ||
Department or other agency, appoint the Department of Children | ||
and Family Services Guardianship Administrator or other | ||
appropriate agency executive temporary custodian of the minor | ||
and the court may enter such other orders related to the | ||
temporary custody as it deems fit and proper, including the | ||
provision of services to the minor or the minor's family to | ||
ameliorate the causes contributing to the finding of probable | ||
cause or to the finding of the existence of immediate and | ||
urgent necessity. Acceptance of services shall not be | ||
considered an admission of any allegation in a petition made | ||
pursuant to this Act, nor may a referral of services be |
considered as evidence in any proceeding pursuant to this Act, | ||
except where the issue is whether the Department has made | ||
reasonable efforts to reunite the family. In making its | ||
findings that reasonable efforts have been made or that good | ||
cause has been shown why reasonable efforts cannot prevent or | ||
eliminate the necessity of removal of the minor from the | ||
minor's home, the court shall state in writing its findings | ||
concerning the nature of the services that were offered or the | ||
efforts that were made to prevent removal of the child and the | ||
apparent reasons that such services or efforts could not | ||
prevent the need for removal. The parents, guardian, | ||
custodian, temporary custodian , and minor shall each be | ||
furnished a copy of such written findings. The temporary | ||
custodian shall maintain a copy of the court order and written | ||
findings in the case record for the child. The order , together | ||
with the court's findings of fact in support thereof , shall be | ||
entered of record in the court. | ||
Once the court finds that it is a matter of immediate and | ||
urgent necessity for the protection of the minor that the | ||
minor be placed in a shelter care facility, the minor shall not | ||
be returned to the parent, custodian , or guardian until the | ||
court finds that such placement is no longer necessary for the | ||
protection of the minor. | ||
(3) If neither the parent, guardian, legal custodian, | ||
responsible relative nor counsel of the minor has had actual | ||
notice of or is present at the shelter care hearing, the |
parent, guardian, legal custodian, responsible relative, or | ||
counsel of the minor may file an affidavit setting forth these | ||
facts, and the clerk shall set the matter for rehearing not | ||
later than 24 hours, excluding Sundays and legal holidays, | ||
after the filing of the affidavit. At the rehearing, the court | ||
shall proceed in the same manner as upon the original hearing. | ||
(4) If the minor is not brought before a judicial officer | ||
within the time period as specified in Section 4-8, the minor | ||
must immediately be released from custody. | ||
(5) Only when there is reasonable cause to believe that | ||
the minor taken into custody is a person described in | ||
subsection (3) of Section 5-105 may the minor be kept or | ||
detained in a detention home or county or municipal jail. This | ||
Section shall in no way be construed to limit subsection (6). | ||
(6) No minor under 16 years of age may be confined in a | ||
jail or place ordinarily used for the confinement of prisoners | ||
in a police station. Minors under 18 years of age must be kept | ||
separate from confined adults and may not at any time be kept | ||
in the same cell, room , or yard with adults confined pursuant | ||
to the criminal law. | ||
(7) If neither the parent, guardian , or custodian appears | ||
within 24 hours to take custody of a minor released upon | ||
request pursuant to subsection (2) of this Section, then the | ||
clerk of the court shall set the matter for rehearing not later | ||
than 7 days after the original order and shall issue a summons | ||
directed to the parent, guardian , or custodian to appear. At |
the same time the probation department shall prepare a report | ||
on the minor. If a parent, guardian , or custodian does not | ||
appear at such rehearing, the judge may enter an order | ||
prescribing that the minor be kept in a suitable place | ||
designated by the Department of Children and Family Services | ||
or a licensed child welfare agency. | ||
(8) Any interested party, including the State, the | ||
temporary custodian, an agency providing services to the minor | ||
or family under a service plan pursuant to Section 8.2 of the | ||
Abused and Neglected Child Reporting Act, foster parent, or | ||
any of their representatives, may file a motion to modify or | ||
vacate a temporary custody order on any of the following | ||
grounds: | ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the minor remain in shelter care; or | ||
(b) There is a material change in the circumstances of | ||
the natural family from which the minor was removed; or | ||
(c) A person, including a parent, relative , or legal | ||
guardian, is capable of assuming temporary custody of the | ||
minor; or | ||
(d) Services provided by the Department of Children | ||
and Family Services or a child welfare agency or other | ||
service provider have been successful in eliminating the | ||
need for temporary custody. | ||
The clerk shall set the matter for hearing not later than | ||
14 days after such motion is filed. In the event that the court |
modifies or vacates a temporary custody order but does not | ||
vacate its finding of probable cause, the court may order that | ||
appropriate services be continued or initiated in behalf of | ||
the minor and the minor's family. | ||
(9) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been arrested or taken into custody on | ||
or after January 1, 2014 (the effective date of Public Act | ||
98-61). | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/4-14) (from Ch. 37, par. 804-14) | ||
Sec. 4-14. Summons. | ||
(1) When a petition is filed, the clerk of the court shall | ||
issue a summons with a copy of the petition attached. The | ||
summons shall be directed to the minor's legal guardian or | ||
custodian and to each person named as a respondent in the | ||
petition, except that summons need not be directed to a minor | ||
respondent under 8 years of age for whom the court appoints a | ||
guardian ad litem if the guardian ad litem appears on behalf of | ||
the minor in any proceeding under this Act. | ||
(2) The summons must contain a statement that the minor or | ||
any of the respondents is entitled to have an attorney present | ||
at the hearing on the petition, and that the clerk of the court | ||
should be notified promptly if the minor or any other | ||
respondent desires to be represented by an attorney but is | ||
financially unable to employ counsel. |
(3) The summons shall be issued under the seal of the | ||
court, attested to and signed with the name of the clerk of the | ||
court, dated on the day it is issued, and shall require each | ||
respondent to appear and answer the petition on the date set | ||
for the adjudicatory hearing. | ||
(4) The summons may be served by any county sheriff, | ||
coroner , or probation officer, even though the officer is the | ||
petitioner. The return of the summons with endorsement of | ||
service by the officer is sufficient proof thereof. | ||
(5) Service of a summons and petition shall be made by: | ||
(a) leaving a copy thereof with the person summoned at | ||
least 3 days before the time stated therein for | ||
appearance; | ||
(b) leaving a copy at the summoned person's usual | ||
place of abode with some person of the family, of the age | ||
of 10 years or upwards, and informing that person of the | ||
contents thereof, provided that the officer or other | ||
person making service shall also send a copy of the | ||
summons in a sealed envelope with postage fully prepaid, | ||
addressed to the person summoned at the person's usual | ||
place of abode, at least 3 days before the time stated | ||
therein for appearance; or | ||
(c) leaving a copy thereof with the guardian or | ||
custodian of a minor, at least 3 days before the time | ||
stated therein for appearance. | ||
If the guardian or custodian is an agency of the State of |
Illinois, proper service may be made by leaving a copy of the | ||
summons and petition with any administrative employee of such | ||
agency designated by such agency to accept service of summons | ||
and petitions. The certificate of the officer or affidavit of | ||
the person that the officer or person has sent the copy | ||
pursuant to this Section is sufficient proof of service. | ||
(6) When a parent or other person, who has signed a written | ||
promise to appear and bring the minor to court or who has | ||
waived or acknowledged service, fails to appear with the minor | ||
on the date set by the court, a bench warrant may be issued for | ||
the parent or other person, the minor, or both. | ||
(7) The appearance of the minor's legal guardian or | ||
custodian, or a person named as a respondent in a petition, in | ||
any proceeding under this Act shall constitute a waiver of | ||
service of summons and submission to the jurisdiction of the | ||
court. A copy of the summons and petition shall be provided to | ||
the person at the time of the person's appearance. | ||
(8) Fines or assessments, such as fees or administrative | ||
costs, in the service of process shall not be ordered or | ||
imposed on a minor or a minor's parent, guardian, or legal | ||
custodian. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-25-23.) | ||
(705 ILCS 405/4-16) (from Ch. 37, par. 804-16) | ||
Sec. 4-16. Guardian ad litem. |
(1) Immediately upon the filing of a petition alleging | ||
that the minor is a person described in Section 4-3 of this | ||
Act, the court may appoint a guardian ad litem for the minor | ||
if: | ||
(a) such petition alleges that the minor is the victim | ||
of sexual abuse or misconduct; or | ||
(b) such petition alleges that charges alleging the | ||
commission of any of the sex offenses defined in Article | ||
11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-13, 12-14, 12-14.1, 12-15 , or 12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , have | ||
been filed against a defendant in any court and that such | ||
minor is the alleged victim of the acts of the defendant in | ||
the commission of such offense. | ||
Unless the guardian ad litem appointed pursuant to this | ||
paragraph (1) is an attorney at law , the guardian ad litem | ||
shall be represented in the performance of the guardian ad | ||
litem's duties by counsel. | ||
(2) Before proceeding with the hearing, the court shall | ||
appoint a guardian ad litem for the minor if : | ||
(a) no parent, guardian, custodian , or relative of the | ||
minor appears at the first or any subsequent hearing of | ||
the case; | ||
(b) the petition prays for the appointment of a | ||
guardian with power to consent to adoption; or | ||
(c) the petition for which the minor is before the |
court resulted from a report made pursuant to the Abused | ||
and Neglected Child Reporting Act. | ||
(3) The court may appoint a guardian ad litem for the minor | ||
whenever it finds that there may be a conflict of interest | ||
between the minor and the minor's parents or other custodian | ||
or that it is otherwise in the minor's interest to do so. | ||
(4) Unless the guardian ad litem is an attorney, the | ||
guardian ad litem shall be represented by counsel. | ||
(5) The reasonable fees of a guardian ad litem appointed | ||
under this Section shall be fixed by the court and paid from | ||
the general fund of the county. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-20-23.) | ||
(705 ILCS 405/4-18) (from Ch. 37, par. 804-18) | ||
Sec. 4-18. Continuance under supervision. | ||
(1) The court may enter an order of continuance under | ||
supervision (a) upon an admission or stipulation by the | ||
appropriate respondent or minor respondent of the facts | ||
supporting the petition and before proceeding to findings and | ||
adjudication, or after hearing the evidence at the | ||
adjudicatory hearing but before noting in the minutes of the | ||
proceeding a finding of whether or not the minor is an addict, | ||
and (b) in the absence of objection made in open court by the | ||
minor, the minor's parent, guardian, custodian, responsible | ||
relative, or defense attorney , or the State's Attorney. |
(2) If the minor, the minor's parent, guardian, custodian, | ||
responsible relative, or defense attorney , or the State's | ||
Attorney , objects in open court to any such continuance and | ||
insists upon proceeding to findings and adjudication, the | ||
court shall so proceed. | ||
(3) Nothing in this Section limits the power of the court | ||
to order a continuance of the hearing for the production of | ||
additional evidence or for any other proper reason. | ||
(4) When a hearing is continued pursuant to this Section, | ||
the court may permit the minor to remain in the minor's home | ||
subject to such conditions concerning the minor's conduct and | ||
supervision as the court may require by order. | ||
(5) If a petition is filed charging a violation of a | ||
condition of the continuance under supervision, the court | ||
shall conduct a hearing. If the court finds that such | ||
condition of supervision has not been fulfilled the court may | ||
proceed to findings and adjudication and disposition. The | ||
filing of a petition for violation of a condition of the | ||
continuance under supervision shall toll the period of | ||
continuance under supervision until the final determination of | ||
the charge, and the term of the continuance under supervision | ||
shall not run until the hearing and disposition of the | ||
petition for violation; provided where the petition alleges | ||
conduct that does not constitute a criminal offense, the | ||
hearing must be held within 15 days of the filing of the | ||
petition unless a delay in such hearing has been occasioned by |
the minor, in which case the delay shall continue the tolling | ||
of the period of continuance under supervision for the period | ||
of such delay. | ||
(6) (Blank). | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-6-23.) | ||
(705 ILCS 405/4-21) (from Ch. 37, par. 804-21) | ||
Sec. 4-21. Kinds of dispositional orders. | ||
(1) A minor found to be addicted under Section 4-3 may be | ||
(a) committed to the Department of Children and Family | ||
Services, subject to Section 5 of the Children and Family | ||
Services Act; (b) placed under supervision and released to the | ||
minor's parents, guardian , or legal custodian; (c) placed in | ||
accordance with Section 4-25 with or without also being placed | ||
under supervision. Conditions of supervision may be modified | ||
or terminated by the court if it deems that the best interests | ||
of the minor and the public will be served thereby; (d) | ||
required to attend an approved alcohol or drug abuse treatment | ||
or counseling program on an inpatient or outpatient basis | ||
instead of or in addition to the disposition otherwise | ||
provided for in this paragraph; (e) ordered partially or | ||
completely emancipated in accordance with the provisions of | ||
the Emancipation of Minors Act; or (f) subject to having the | ||
minor's driver's license or driving privilege suspended for | ||
such time as determined by the Court but only until the minor |
attains 18 years of age. No disposition under this subsection | ||
shall provide for the minor's placement in a secure facility. | ||
(2) Any order of disposition may provide for protective | ||
supervision under Section 4-22 and may include an order of | ||
protection under Section 4-23. | ||
(3) Unless the order of disposition expressly so provides, | ||
it does not operate to close proceedings on the pending | ||
petition, but is subject to modification until final closing | ||
and discharge of the proceedings under Section 4-29. | ||
(4) In addition to any other order of disposition, the | ||
court may order any minor found to be addicted under this | ||
Article as neglected with respect to the minor's injurious | ||
behavior, to make restitution, in monetary or non-monetary | ||
form, under the terms and conditions of Section 5-5-6 of the | ||
Unified Code of Corrections, except that the "presentence | ||
hearing" referred to therein shall be the dispositional | ||
hearing for purposes of this Section. The parent, guardian , or | ||
legal custodian of the minor may pay some or all of such | ||
restitution on the minor's behalf. | ||
(5) Any order for disposition where the minor is placed in | ||
accordance with Section 4-25 shall provide for the parents or | ||
guardian of the estate of such minor to pay to the legal | ||
custodian or guardian of the person of the minor such sums as | ||
are determined by the custodian or guardian of the person of | ||
the minor as necessary for the minor's needs. Such payments | ||
may not exceed the maximum amounts provided for by Section 9.1 |
of the Children and Family Services Act. | ||
(6) Whenever the order of disposition requires the minor | ||
to attend school or participate in a program of training, the | ||
truant officer or designated school official shall regularly | ||
report to the court if the minor is a chronic or habitual | ||
truant under Section 26-2a of the School Code. | ||
(7) (Blank). | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-25-23.) | ||
(705 ILCS 405/5-105) | ||
Sec. 5-105. Definitions. As used in this Article: | ||
(1) "Aftercare release" means the conditional and | ||
revocable release of an adjudicated delinquent juvenile | ||
committed to the Department of Juvenile Justice under the | ||
supervision of the Department of Juvenile Justice. | ||
(1.5) "Court" means the circuit court in a session or | ||
division assigned to hear proceedings under this Act, and | ||
includes the term Juvenile Court. | ||
(2) "Community service" means uncompensated labor for | ||
a community service agency as hereinafter defined. | ||
(2.5) "Community service agency" means a | ||
not-for-profit organization, community organization, | ||
church, charitable organization, individual, public | ||
office, or other public body whose purpose is to enhance | ||
the physical or mental health of a delinquent minor or to |
rehabilitate the minor, or to improve the environmental | ||
quality or social welfare of the community which agrees to | ||
accept community service from juvenile delinquents and to | ||
report on the progress of the community service to the | ||
State's Attorney pursuant to an agreement or to the court | ||
or to any agency designated by the court or to the | ||
authorized diversion program that has referred the | ||
delinquent minor for community service. | ||
(3) "Delinquent minor" means any minor who prior to | ||
the minor's 18th birthday has violated or attempted to | ||
violate an Illinois State, county, or municipal law or | ||
ordinance. | ||
(4) "Department" means the Department of Human | ||
Services unless specifically referenced as another | ||
department. | ||
(5) "Detention" means the temporary care of a minor | ||
who is alleged to be or has been adjudicated delinquent | ||
and who requires secure custody for the minor's own | ||
protection or the community's protection in a facility | ||
designed to physically restrict the minor's movements, | ||
pending disposition by the court or execution of an order | ||
of the court for placement or commitment. Design features | ||
that physically restrict movement include, but are not | ||
limited to, locked rooms and the secure handcuffing of a | ||
minor to a rail or other stationary object. In addition, | ||
"detention" includes the court ordered care of an alleged |
or adjudicated delinquent minor who requires secure | ||
custody pursuant to Section 5-125 of this Act. | ||
(6) "Diversion" means the referral of a juvenile, | ||
without court intervention, into a program that provides | ||
services designed to educate the juvenile and develop a | ||
productive and responsible approach to living in the | ||
community. | ||
(7) "Juvenile detention home" means a public facility | ||
with specially trained staff that conforms to the county | ||
juvenile detention standards adopted by the Department of | ||
Juvenile Justice. | ||
(8) "Juvenile justice continuum" means a set of | ||
delinquency prevention programs and services designed for | ||
the purpose of preventing or reducing delinquent acts, | ||
including criminal activity by youth gangs, as well as | ||
intervention, rehabilitation, and prevention services | ||
targeted at minors who have committed delinquent acts, and | ||
minors who have previously been committed to residential | ||
treatment programs for delinquents. The term includes | ||
children-in-need-of-services and | ||
families-in-need-of-services programs; aftercare and | ||
reentry services; substance abuse and mental health | ||
programs; community service programs; community service | ||
work programs; and alternative-dispute resolution programs | ||
serving youth-at-risk of delinquency and their families, | ||
whether offered or delivered by State or local |
governmental entities, public or private for-profit or | ||
not-for-profit organizations, or religious or charitable | ||
organizations. This term would also encompass any program | ||
or service consistent with the purpose of those programs | ||
and services enumerated in this subsection. | ||
(9) "Juvenile police officer" means a sworn police | ||
officer who has completed a Basic Recruit Training Course, | ||
has been assigned to the position of juvenile police | ||
officer by the officer's chief law enforcement officer and | ||
has completed the necessary juvenile officers training as | ||
prescribed by the Illinois Law Enforcement Training | ||
Standards Board, or in the case of a State police officer, | ||
juvenile officer training approved by the Director of the | ||
Illinois State Police. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to this Act. | ||
(11) "Non-secure custody" means confinement where the | ||
minor is not physically restricted by being placed in a | ||
locked cell or room, by being handcuffed to a rail or other | ||
stationary object, or by other means. " Non-secure custody " | ||
may include, but is not limited to, electronic monitoring, | ||
foster home placement, home confinement, group home | ||
placement, or physical restriction of movement or activity | ||
solely through facility staff. | ||
(12) "Public or community service" means uncompensated | ||
labor for a not-for-profit organization or public body |
whose purpose is to enhance physical or mental stability | ||
of the offender, environmental quality or the social | ||
welfare and which agrees to accept public or community | ||
service from offenders and to report on the progress of | ||
the offender and the public or community service to the | ||
court or to the authorized diversion program that has | ||
referred the offender for public or community service. | ||
"Public or community service" does not include blood | ||
donation or assignment to labor at a blood bank. For the | ||
purposes of this Act, "blood bank" has the meaning | ||
ascribed to the term in Section 2-124 of the Illinois | ||
Clinical Laboratory and Blood Bank Act. | ||
(13) "Sentencing hearing" means a hearing to determine | ||
whether a minor should be adjudged a ward of the court , and | ||
to determine what sentence should be imposed on the minor. | ||
It is the intent of the General Assembly that the term | ||
"sentencing hearing" replace the term "dispositional | ||
hearing" and be synonymous with that definition as it was | ||
used in the Juvenile Court Act of 1987. | ||
(14) "Shelter" means the temporary care of a minor in | ||
physically unrestricting facilities pending court | ||
disposition or execution of court order for placement. | ||
(15) "Site" means a not-for-profit organization, | ||
public body, church, charitable organization, or | ||
individual agreeing to accept community service from | ||
offenders and to report on the progress of ordered or |
required public or community service to the court or to | ||
the authorized diversion program that has referred the | ||
offender for public or community service. | ||
(16) "Station adjustment" means the informal or formal | ||
handling of an alleged offender by a juvenile police | ||
officer. | ||
(17) "Trial" means a hearing to determine whether the | ||
allegations of a petition under Section 5-520 that a minor | ||
is delinquent are proved beyond a reasonable doubt. It is | ||
the intent of the General Assembly that the term "trial" | ||
replace the term "adjudicatory hearing" and be synonymous | ||
with that definition as it was used in the Juvenile Court | ||
Act of 1987. | ||
The changes made to this Section by Public Act 98-61 apply | ||
to violations or attempted violations committed on or after | ||
January 1, 2014 (the effective date of Public Act 98-61). | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||
103-27, eff. 1-1-24; revised 12-15-23.) | ||
(705 ILCS 405/5-120) | ||
Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||
instituted under the provisions of this Article concerning any | ||
minor who prior to the minor's 18th birthday has violated or | ||
attempted to violate an Illinois State, county, or municipal | ||
law or ordinance. Except as provided in Sections 5-125, 5-130, | ||
5-805, and 5-810 of this Article, no minor who was under 18 |
years of age at the time of the alleged offense may be | ||
prosecuted under the criminal laws of this State. | ||
The changes made to this Section by Public Act 98-61 this | ||
amendatory Act of the 98th General Assembly apply to | ||
violations or attempted violations committed on or after | ||
January 1, 2014 ( the effective date of Public Act 98-61) this | ||
amendatory Act . | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(705 ILCS 405/5-401.6) | ||
Sec. 5-401.6. Prohibition of deceptive tactics. | ||
(a) In this Section: | ||
"Custodial interrogation" means any interrogation (i) | ||
during which a reasonable person in the subject's position | ||
would consider the subject to be in custody and (ii) during | ||
which a question is asked that is reasonably likely to elicit | ||
an incriminating response. | ||
"Deception" means the knowing communication of false facts | ||
about evidence or unauthorized statements regarding leniency | ||
by a law enforcement officer or juvenile officer to a subject | ||
of custodial interrogation. | ||
"Person with a severe or profound intellectual disability" | ||
means a person (i) whose intelligence quotient does not exceed | ||
40 or (ii) whose intelligence quotient does not exceed 55 and | ||
who suffers from significant mental illness to the extent that |
the person's ability to exercise rational judgment is | ||
impaired. | ||
"Place of detention" means a building or a police station | ||
that is a place of operation for a municipal police department | ||
or county sheriff department or other law enforcement agency | ||
at which persons are or may be held in detention in connection | ||
with criminal charges against those persons or allegations | ||
that those persons are delinquent minors. | ||
"Protected person" means: a minor who, at the time of the | ||
commission of the offense, was under 18 years of age; or a | ||
person with a severe or profound intellectual disability. | ||
(b) An oral, written, or sign language confession of a | ||
protected person made as a result of a custodial interrogation | ||
conducted at a police station or other place of detention on or | ||
after January 1, 2022 ( the effective date of Public Act | ||
102-101) this amendatory Act of the 102nd General Assembly | ||
shall be presumed to be inadmissible as evidence against the | ||
protected person making the confession in a criminal | ||
proceeding or a juvenile court proceeding for an act that if | ||
committed by an adult would be a misdemeanor offense under | ||
Article 11 of the Criminal Code of 2012 or a felony offense | ||
under the Criminal Code of 2012 if, during the custodial | ||
interrogation, a law enforcement officer or juvenile officer | ||
knowingly engages in deception. | ||
(c) The presumption of inadmissibility of a confession of | ||
a protected person at a custodial interrogation at a police |
station or other place of detention, when such confession is | ||
procured through the knowing use of deception, may be overcome | ||
by a preponderance of the evidence that the confession was | ||
voluntarily given, based on the totality of the circumstances. | ||
(d) The burden of going forward with the evidence and the | ||
burden of proving that a confession was voluntary shall be on | ||
the State. Objection to the failure of the State to call all | ||
material witnesses on the issue of whether the confession was | ||
voluntary must be made in the trial court. | ||
(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23; | ||
103-341, eff. 1-1-24; revised 12-15-23.) | ||
(705 ILCS 405/5-410) | ||
Sec. 5-410. Non-secure custody or detention. | ||
(1) Any minor arrested or taken into custody pursuant to | ||
this Act who requires care away from the minor's home but who | ||
does not require physical restriction shall be given temporary | ||
care in a foster family home or other shelter facility | ||
designated by the court. | ||
(2)(a) Any minor 10 years of age or older arrested | ||
pursuant to this Act where there is probable cause to believe | ||
that the minor is a delinquent minor and that (i) secure | ||
custody is a matter of immediate and urgent necessity for the | ||
protection of the minor or of the person or property of | ||
another, (ii) the minor is likely to flee the jurisdiction of | ||
the court, or (iii) the minor was taken into custody under a |
warrant, may be kept or detained in an authorized detention | ||
facility. A minor under 13 years of age shall not be admitted, | ||
kept, or detained in a detention facility unless a local youth | ||
service provider, including a provider through the | ||
Comprehensive Community Based Youth Services network, has been | ||
contacted and has not been able to accept the minor. No minor | ||
under 12 years of age shall be detained in a county jail or a | ||
municipal lockup for more than 6 hours. | ||
(a-5) For a minor arrested or taken into custody for | ||
vehicular hijacking or aggravated vehicular hijacking, a | ||
previous finding of delinquency for vehicular hijacking or | ||
aggravated vehicular hijacking shall be given greater weight | ||
in determining whether secured custody of a minor is a matter | ||
of immediate and urgent necessity for the protection of the | ||
minor or of the person or property of another. | ||
(b) The written authorization of the probation officer or | ||
detention officer (or other public officer designated by the | ||
court in a county having 3,000,000 or more inhabitants) | ||
constitutes authority for the superintendent of any juvenile | ||
detention home to detain and keep a minor for up to 40 hours, | ||
excluding Saturdays, Sundays, and court-designated holidays. | ||
These records shall be available to the same persons and | ||
pursuant to the same conditions as are law enforcement records | ||
as provided in Section 5-905. | ||
(b-4) The consultation required by paragraph (b-5) shall | ||
not be applicable if the probation officer or detention |
officer (or other public officer designated by the court in a | ||
county having 3,000,000 or more inhabitants) utilizes a | ||
scorable detention screening instrument, which has been | ||
developed with input by the State's Attorney, to determine | ||
whether a minor should be detained ; , however, paragraph (b-5) | ||
shall still be applicable where no such screening instrument | ||
is used or where the probation officer, detention officer (or | ||
other public officer designated by the court in a county | ||
having 3,000,000 or more inhabitants) deviates from the | ||
screening instrument. | ||
(b-5) Subject to the provisions of paragraph (b-4), if a | ||
probation officer or detention officer (or other public | ||
officer designated by the court in a county having 3,000,000 | ||
or more inhabitants) does not intend to detain a minor for an | ||
offense which constitutes one of the following offenses, the | ||
probation officer or detention officer (or other public | ||
officer designated by the court in a county having 3,000,000 | ||
or more inhabitants) shall consult with the State's Attorney's | ||
Office prior to the release of the minor: first degree murder, | ||
second degree murder, involuntary manslaughter, criminal | ||
sexual assault, aggravated criminal sexual assault, aggravated | ||
battery with a firearm as described in Section 12-4.2 or | ||
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||
12-3.05, aggravated or heinous battery involving permanent | ||
disability or disfigurement or great bodily harm, robbery, | ||
aggravated robbery, armed robbery, vehicular hijacking, |
aggravated vehicular hijacking, vehicular invasion, arson, | ||
aggravated arson, kidnapping, aggravated kidnapping, home | ||
invasion, burglary, or residential burglary. | ||
(c) Except as otherwise provided in paragraph (a), (d), or | ||
(e), no minor shall be detained in a county jail or municipal | ||
lockup for more than 12 hours, unless the offense is a crime of | ||
violence in which case the minor may be detained up to 24 | ||
hours. For the purpose of this paragraph, "crime of violence" | ||
has the meaning ascribed to it in Section 1-10 of the Substance | ||
Use Disorder Act Alcoholism and Other Drug Abuse and | ||
Dependency Act . | ||
(i) The period of detention is deemed to have begun | ||
once the minor has been placed in a locked room or cell or | ||
handcuffed to a stationary object in a building housing a | ||
county jail or municipal lockup. Time spent transporting a | ||
minor is not considered to be time in detention or secure | ||
custody. | ||
(ii) Any minor so confined shall be under periodic | ||
supervision and shall not be permitted to come into or | ||
remain in contact with adults in custody in the building. | ||
(iii) Upon placement in secure custody in a jail or | ||
lockup, the minor shall be informed of the purpose of the | ||
detention, the time it is expected to last and the fact | ||
that it cannot exceed the time specified under this Act. | ||
(iv) A log shall be kept which shows the offense which | ||
is the basis for the detention, the reasons and |
circumstances for the decision to detain, and the length | ||
of time the minor was in detention. | ||
(v) Violation of the time limit on detention in a | ||
county jail or municipal lockup shall not, in and of | ||
itself, render inadmissible evidence obtained as a result | ||
of the violation of this time limit. Minors under 18 years | ||
of age shall be kept separate from confined adults and may | ||
not at any time be kept in the same cell, room, or yard | ||
with adults confined pursuant to criminal law. Persons 18 | ||
years of age and older who have a petition of delinquency | ||
filed against them may be confined in an adult detention | ||
facility. In making a determination whether to confine a | ||
person 18 years of age or older who has a petition of | ||
delinquency filed against the person, these factors, among | ||
other matters, shall be considered: | ||
(A) the age of the person; | ||
(B) any previous delinquent or criminal history of | ||
the person; | ||
(C) any previous abuse or neglect history of the | ||
person; and | ||
(D) any mental health or educational history of | ||
the person, or both. | ||
(d)(i) If a minor 12 years of age or older is confined in a | ||
county jail in a county with a population below 3,000,000 | ||
inhabitants, then the minor's confinement shall be implemented | ||
in such a manner that there will be no contact by sight, sound, |
or otherwise between the minor and adult prisoners. Minors 12 | ||
years of age or older must be kept separate from confined | ||
adults and may not at any time be kept in the same cell, room, | ||
or yard with confined adults. This paragraph (d)(i) shall only | ||
apply to confinement pending an adjudicatory hearing and shall | ||
not exceed 40 hours, excluding Saturdays, Sundays, and | ||
court-designated holidays. To accept or hold minors during | ||
this time period, county jails shall comply with all | ||
monitoring standards adopted by the Department of Corrections | ||
and training standards approved by the Illinois Law | ||
Enforcement Training Standards Board. | ||
(ii) To accept or hold minors, 12 years of age or older, | ||
after the time period prescribed in paragraph (d)(i) of this | ||
subsection (2) of this Section but not exceeding 7 days | ||
including Saturdays, Sundays, and holidays pending an | ||
adjudicatory hearing, county jails shall comply with all | ||
temporary detention standards adopted by the Department of | ||
Corrections and training standards approved by the Illinois | ||
Law Enforcement Training Standards Board. | ||
(iii) To accept or hold minors 12 years of age or older, | ||
after the time period prescribed in paragraphs (d)(i) and | ||
(d)(ii) of this subsection (2) of this Section, county jails | ||
shall comply with all county juvenile detention standards | ||
adopted by the Department of Juvenile Justice. | ||
(e) When a minor who is at least 15 years of age is | ||
prosecuted under the criminal laws of this State, the court |
may enter an order directing that the juvenile be confined in | ||
the county jail. However, any juvenile confined in the county | ||
jail under this provision shall be separated from adults who | ||
are confined in the county jail in such a manner that there | ||
will be no contact by sight, sound , or otherwise between the | ||
juvenile and adult prisoners. | ||
(f) For purposes of appearing in a physical lineup, the | ||
minor may be taken to a county jail or municipal lockup under | ||
the direct and constant supervision of a juvenile police | ||
officer. During such time as is necessary to conduct a lineup, | ||
and while supervised by a juvenile police officer, the sight | ||
and sound separation provisions shall not apply. | ||
(g) For purposes of processing a minor, the minor may be | ||
taken to a county jail or municipal lockup under the direct and | ||
constant supervision of a law enforcement officer or | ||
correctional officer. During such time as is necessary to | ||
process the minor, and while supervised by a law enforcement | ||
officer or correctional officer, the sight and sound | ||
separation provisions shall not apply. | ||
(3) If the probation officer or State's Attorney (or such | ||
other public officer designated by the court in a county | ||
having 3,000,000 or more inhabitants) determines that the | ||
minor may be a delinquent minor as described in subsection (3) | ||
of Section 5-105, and should be retained in custody but does | ||
not require physical restriction, the minor may be placed in | ||
non-secure custody for up to 40 hours pending a detention |
hearing. | ||
(4) Any minor taken into temporary custody, not requiring | ||
secure detention, may, however, be detained in the home of the | ||
minor's parent or guardian subject to such conditions as the | ||
court may impose. | ||
(5) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been arrested or taken into custody on | ||
or after January 1, 2014 (the effective date of Public Act | ||
98-61). | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/5-525) | ||
Sec. 5-525. Service. | ||
(1) Service by summons. | ||
(a) Upon the commencement of a delinquency | ||
prosecution, the clerk of the court shall issue a summons | ||
with a copy of the petition attached. The summons shall be | ||
directed to the minor's parent, guardian or legal | ||
custodian and to each person named as a respondent in the | ||
petition, except that summons need not be directed (i) to | ||
a minor respondent under 8 years of age for whom the court | ||
appoints a guardian ad litem if the guardian ad litem | ||
appears on behalf of the minor in any proceeding under | ||
this Act, or (ii) to a parent who does not reside with the | ||
minor, does not make regular child support payments to the | ||
minor, to the minor's other parent, or to the minor's |
legal guardian or custodian pursuant to a support order, | ||
and has not communicated with the minor on a regular | ||
basis. | ||
(b) The summons must contain a statement that the | ||
minor is entitled to have an attorney present at the | ||
hearing on the petition, and that the clerk of the court | ||
should be notified promptly if the minor desires to be | ||
represented by an attorney but is financially unable to | ||
employ counsel. | ||
(c) The summons shall be issued under the seal of the | ||
court, attested in and signed with the name of the clerk of | ||
the court, dated on the day it is issued, and shall require | ||
each respondent to appear and answer the petition on the | ||
date set for the adjudicatory hearing. | ||
(d) The summons may be served by any law enforcement | ||
officer, coroner or probation officer, even though the | ||
officer is the petitioner. The return of the summons with | ||
endorsement of service by the officer is sufficient proof | ||
of service. | ||
(e) Service of a summons and petition shall be made | ||
by: (i) leaving a copy of the summons and petition with the | ||
person summoned at least 3 days before the time stated in | ||
the summons for appearance; (ii) leaving a copy at the | ||
summoned person's usual place of abode with some person of | ||
the family, of the age of 10 years or upwards, and | ||
informing that person of the contents of the summons and |
petition, provided, the officer or other person making | ||
service shall also send a copy of the summons in a sealed | ||
envelope with postage fully prepaid, addressed to the | ||
person summoned at the person's usual place of abode, at | ||
least 3 days before the time stated in the summons for | ||
appearance; or (iii) leaving a copy of the summons and | ||
petition with the guardian or custodian of a minor, at | ||
least 3 days before the time stated in the summons for | ||
appearance. If the guardian or legal custodian is an | ||
agency of the State of Illinois, proper service may be | ||
made by leaving a copy of the summons and petition with any | ||
administrative employee of the agency designated by the | ||
agency to accept the service of summons and petitions. The | ||
certificate of the officer or affidavit of the person that | ||
the officer or person has sent the copy pursuant to this | ||
Section is sufficient proof of service. | ||
(f) When a parent or other person, who has signed a | ||
written promise to appear and bring the minor to court or | ||
who has waived or acknowledged service, fails to appear | ||
with the minor on the date set by the court, a bench | ||
warrant may be issued for the parent or other person, the | ||
minor, or both. | ||
(2) Service by certified mail or publication. | ||
(a) If service on individuals as provided in | ||
subsection (1) is not made on any respondent within a | ||
reasonable time or if it appears that any respondent |
resides outside the State, service may be made by | ||
certified mail. In that case the clerk shall mail the | ||
summons and a copy of the petition to that respondent by | ||
certified mail marked for delivery to addressee only. The | ||
court shall not proceed with the adjudicatory hearing | ||
until 5 days after the mailing. The regular return receipt | ||
for certified mail is sufficient proof of service. | ||
(b) If service upon individuals as provided in | ||
subsection (1) is not made on any respondents within a | ||
reasonable time or if any person is made a respondent | ||
under the designation of "All Whom It May Concern", or if | ||
service cannot be made because the whereabouts of a | ||
respondent are unknown, service may be made by | ||
publication. The clerk of the court as soon as possible | ||
shall cause publication to be made once in a newspaper of | ||
general circulation in the county where the action is | ||
pending. Service by publication is not required in any | ||
case when the person alleged to have legal custody of the | ||
minor has been served with summons personally or by | ||
certified mail, but the court may not enter any order or | ||
judgment against any person who cannot be served with | ||
process other than by publication unless service by | ||
publication is given or unless that person appears. | ||
Failure to provide service by publication to a | ||
non-custodial parent whose whereabouts are unknown shall | ||
not deprive the court of jurisdiction to proceed with a |
trial or a plea of delinquency by the minor. When a minor | ||
has been detained or sheltered under Section 5-501 of this | ||
Act and summons has not been served personally or by | ||
certified mail within 20 days from the date of the order of | ||
court directing such detention or shelter care, the clerk | ||
of the court shall cause publication. Service by | ||
publication shall be substantially as follows: | ||
"A, B, C, D, (here giving the names of the named | ||
respondents, if any) and to All Whom It May Concern (if | ||
there is any respondent under that designation): | ||
Take notice that on (insert date) a petition was | ||
filed under the Juvenile Court Act of 1987 by .... in | ||
the circuit court of .... county entitled 'In the | ||
interest of ...., a minor', and that in .... courtroom | ||
at .... on (insert date) at the hour of ...., or as | ||
soon thereafter as this cause may be heard, an | ||
adjudicatory hearing will be held upon the petition to | ||
have the child declared to be a ward of the court under | ||
that Act. The court has authority in this proceeding | ||
to take from you the custody and guardianship of the | ||
minor. | ||
Now, unless you appear at the hearing and show | ||
cause against the petition, the allegations of the | ||
petition may stand admitted as against you and each of | ||
you, and an order or judgment entered. | ||
........................................
|
Clerk
| ||
Dated (insert the date of publication)" | ||
(c) The clerk shall also at the time of the | ||
publication of the notice send a copy of the notice by mail | ||
to each of the respondents on account of whom publication | ||
is made at each respondent's last known address. The | ||
certificate of the clerk that the clerk has mailed the | ||
notice is evidence of that mailing. No other publication | ||
notice is required. Every respondent notified by | ||
publication under this Section must appear and answer in | ||
open court at the hearing. The court may not proceed with | ||
the adjudicatory hearing until 10 days after service by | ||
publication on any custodial parent, guardian or legal | ||
custodian of a minor alleged to be delinquent. | ||
(d) If it becomes necessary to change the date set for | ||
the hearing in order to comply with this Section, notice | ||
of the resetting of the date must be given, by certified | ||
mail or other reasonable means, to each respondent who has | ||
been served with summons personally or by certified mail. | ||
(3) Once jurisdiction has been established over a party, | ||
further service is not required and notice of any subsequent | ||
proceedings in that prosecution shall be made in accordance | ||
with provisions of Section 5-530. | ||
(4) The appearance of the minor's parent, guardian , or | ||
legal custodian, or a person named as a respondent in a | ||
petition, in any proceeding under this Act shall constitute a |
waiver of service and submission to the jurisdiction of the | ||
court. A copy of the petition shall be provided to the person | ||
at the time of the person's appearance. | ||
(5) Fines or assessments, such as fees or administrative | ||
costs in the service of process, shall not be ordered or | ||
imposed on a minor or a minor's parent, guardian, or legal | ||
custodian. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-11-23.) | ||
(705 ILCS 405/5-601) | ||
Sec. 5-601. Trial. | ||
(1) When a petition has been filed alleging that the minor | ||
is a delinquent, a trial must be held within 120 days of a | ||
written demand for such hearing made by any party, except that | ||
when the State, without success, has exercised due diligence | ||
to obtain evidence material to the case and there are | ||
reasonable grounds to believe that the evidence may be | ||
obtained at a later date, the court may, upon motion by the | ||
State, continue the trial for not more than 30 additional | ||
days. | ||
(2) If a minor respondent has multiple delinquency | ||
petitions pending against the minor in the same county and | ||
simultaneously demands a trial upon more than one delinquency | ||
petition pending against the minor in the same county, the | ||
minor shall receive a trial or have a finding, after waiver of |
trial, upon at least one such petition before expiration | ||
relative to any of the pending petitions of the period | ||
described by this Section. All remaining petitions thus | ||
pending against the minor respondent shall be adjudicated | ||
within 160 days from the date on which a finding relative to | ||
the first petition prosecuted is rendered under Section 5-620 | ||
of this Article, or, if the trial upon the first petition is | ||
terminated without a finding and there is no subsequent trial, | ||
or adjudication after waiver of trial, on the first petition | ||
within a reasonable time, the minor shall receive a trial upon | ||
all of the remaining petitions within 160 days from the date on | ||
which the trial, or finding after waiver of trial, on the first | ||
petition is concluded. If either such period of 160 days | ||
expires without the commencement of trial, or adjudication | ||
after waiver of trial, of any of the remaining pending | ||
petitions, the petition or petitions shall be dismissed and | ||
barred for want of prosecution unless the delay is occasioned | ||
by any of the reasons described in this Section. | ||
(3) When no such trial is held within the time required by | ||
subsections (1) and (2) of this Section, the court shall, upon | ||
motion by any party, dismiss the petition with prejudice. | ||
(4) Without affecting the applicability of the tolling and | ||
multiple prosecution provisions of subsections (8) and (2) of | ||
this Section when a petition has been filed alleging that the | ||
minor is a delinquent and the minor is in detention or shelter | ||
care, the trial shall be held within 30 calendar days after the |
date of the order directing detention or shelter care, or the | ||
earliest possible date in compliance with the provisions of | ||
Section 5-525 as to the custodial parent, guardian , or legal | ||
custodian, but no later than 45 calendar days from the date of | ||
the order of the court directing detention or shelter care. | ||
When the petition alleges the minor has committed an offense | ||
involving a controlled substance as defined in the Illinois | ||
Controlled Substances Act or methamphetamine as defined in the | ||
Methamphetamine Control and Community Protection Act, the | ||
court may, upon motion of the State, continue the trial for | ||
receipt of a confirmatory laboratory report for up to 45 days | ||
after the date of the order directing detention or shelter | ||
care. When the petition alleges the minor committed an offense | ||
that involves the death of, great bodily harm to or sexual | ||
assault or aggravated criminal sexual abuse on a victim, the | ||
court may, upon motion of the State, continue the trial for not | ||
more than 70 calendar days after the date of the order | ||
directing detention or shelter care. | ||
Any failure to comply with the time limits of this Section | ||
shall require the immediate release of the minor from | ||
detention, and the time limits set forth in subsections (1) | ||
and (2) shall apply. | ||
(5) If the court determines that the State, without | ||
success, has exercised due diligence to obtain the results of | ||
DNA testing that is material to the case, and that there are | ||
reasonable grounds to believe that the results may be obtained |
at a later date, the court may continue the cause on | ||
application of the State for not more than 120 additional | ||
days. The court may also extend the period of detention of the | ||
minor for not more than 120 additional days. | ||
(6) If the State's Attorney makes a written request that a | ||
proceeding be designated an extended juvenile jurisdiction | ||
prosecution, and the minor is in detention, the period the | ||
minor can be held in detention pursuant to subsection (4), | ||
shall be extended an additional 30 days after the court | ||
determines whether the proceeding will be designated an | ||
extended juvenile jurisdiction prosecution or the State's | ||
Attorney withdraws the request for extended juvenile | ||
jurisdiction prosecution. | ||
(7) When the State's Attorney files a motion for waiver of | ||
jurisdiction pursuant to Section 5-805, and the minor is in | ||
detention, the period the minor can be held in detention | ||
pursuant to subsection (4), shall be extended an additional 30 | ||
days if the court denies motion for waiver of jurisdiction or | ||
the State's Attorney withdraws the motion for waiver of | ||
jurisdiction. | ||
(8) The period in which a trial shall be held as prescribed | ||
by subsection subsections (1), (2), (3), (4), (5), (6), or (7) | ||
of this Section is tolled by: (i) delay occasioned by the | ||
minor; (ii) a continuance allowed pursuant to Section 114-4 of | ||
the Code of Criminal Procedure of 1963 after the court's | ||
determination of the minor's incapacity for trial; (iii) an |
interlocutory appeal; (iv) an examination of fitness ordered | ||
pursuant to Section 104-13 of the Code of Criminal Procedure | ||
of 1963; (v) a fitness hearing; or (vi) an adjudication of | ||
unfitness for trial. Any such delay shall temporarily suspend, | ||
for the time of the delay, the period within which a trial must | ||
be held as prescribed by subsections (1), (2), (4), (5), and | ||
(6) of this Section. On the day of expiration of the delays , | ||
the period shall continue at the point at which the time was | ||
suspended. | ||
(9) Nothing in this Section prevents the minor or the | ||
minor's parents, guardian , or legal custodian from exercising | ||
their respective rights to waive the time limits set forth in | ||
this Section. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/5-610) | ||
Sec. 5-610. Guardian ad litem and appointment of attorney. | ||
(1) The court may appoint a guardian ad litem for the minor | ||
whenever it finds that there may be a conflict of interest | ||
between the minor and the minor's parent, guardian , or legal | ||
custodian or that it is otherwise in the minor's interest to do | ||
so. | ||
(2) Unless the guardian ad litem is an attorney, the | ||
guardian ad litem shall be represented by counsel. | ||
(3) The reasonable fees of a guardian ad litem appointed | ||
under this Section shall be fixed by the court and paid from |
the general fund of the county. | ||
(4) If, during the court proceedings, the parents, | ||
guardian, or legal custodian prove that the minor has an | ||
actual conflict of interest with the minor in that delinquency | ||
proceeding and that the parents, guardian, or legal custodian | ||
are indigent, the court shall appoint a separate attorney for | ||
that parent, guardian, or legal custodian. | ||
(5) A guardian ad litem appointed under this Section for a | ||
minor who is in the custody or guardianship of the Department | ||
of Children and Family Services or who has an open intact | ||
family services case with the Department of Children and | ||
Family Services is entitled to receive copies of any and all | ||
classified reports of child abuse or neglect made pursuant to | ||
the Abused and Neglected Child Reporting Act in which the | ||
minor, who is the subject of the report under the Abused and | ||
Neglected Child Reporting Act, is also a minor for whom the | ||
guardian ad litem is appointed under this Act. The Department | ||
of Children and Family Services' obligation under this | ||
subsection to provide reports to a guardian ad litem for a | ||
minor with an open intact family services case applies only if | ||
the guardian ad litem notified the Department in writing of | ||
the representation. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-11-23.) | ||
(705 ILCS 405/5-615) |
Sec. 5-615. Continuance under supervision. | ||
(1) The court may enter an order of continuance under | ||
supervision for an offense other than first degree murder, a | ||
Class X felony or a forcible felony: | ||
(a) upon an admission or stipulation by the | ||
appropriate respondent or minor respondent of the facts | ||
supporting the petition and before the court makes a | ||
finding of delinquency, and in the absence of objection | ||
made in open court by the minor, the minor's parent, | ||
guardian, or legal custodian, the minor's attorney , or the | ||
State's Attorney; or | ||
(b) upon a finding of delinquency and after | ||
considering the circumstances of the offense and the | ||
history, character, and condition of the minor, if the | ||
court is of the opinion that: | ||
(i) the minor is not likely to commit further | ||
crimes; | ||
(ii) the minor and the public would be best served | ||
if the minor were not to receive a criminal record; and | ||
(iii) in the best interests of justice an order of | ||
continuance under supervision is more appropriate than | ||
a sentence otherwise permitted under this Act. | ||
(2) (Blank). | ||
(3) Nothing in this Section limits the power of the court | ||
to order a continuance of the hearing for the production of | ||
additional evidence or for any other proper reason. |
(4) When a hearing where a minor is alleged to be a | ||
delinquent is continued pursuant to this Section, the period | ||
of continuance under supervision may not exceed 24 months. The | ||
court may terminate a continuance under supervision at any | ||
time if warranted by the conduct of the minor and the ends of | ||
justice or vacate the finding of delinquency or both. | ||
(5) When a hearing where a minor is alleged to be | ||
delinquent is continued pursuant to this Section, the court | ||
may, as conditions of the continuance under supervision, | ||
require the minor to do any of the following: | ||
(a) not violate any criminal statute of any | ||
jurisdiction; | ||
(b) make a report to and appear in person before any | ||
person or agency as directed by the court; | ||
(c) work or pursue a course of study or vocational | ||
training; | ||
(d) undergo medical or psychotherapeutic treatment | ||
rendered by a therapist licensed under the provisions of | ||
the Medical Practice Act of 1987, the Clinical | ||
Psychologist Licensing Act, or the Clinical Social Work | ||
and Social Work Practice Act, or an entity licensed by the | ||
Department of Human Services as a successor to the | ||
Department of Alcoholism and Substance Abuse, for the | ||
provision of substance use disorder services as defined in | ||
Section 1-10 of the Substance Use Disorder Act; | ||
(e) attend or reside in a facility established for the |
instruction or residence of persons on probation; | ||
(f) support the minor's dependents, if any; | ||
(g) (blank); | ||
(h) refrain from possessing a firearm or other | ||
dangerous weapon, or an automobile; | ||
(i) permit the probation officer to visit the minor at | ||
the minor's home or elsewhere; | ||
(j) reside with the minor's parents or in a foster | ||
home; | ||
(k) attend school; | ||
(k-5) with the consent of the superintendent of the | ||
facility, attend an educational program at a facility | ||
other than the school in which the offense was committed | ||
if the minor committed a crime of violence as defined in | ||
Section 2 of the Crime Victims Compensation Act in a | ||
school, on the real property comprising a school, or | ||
within 1,000 feet of the real property comprising a | ||
school; | ||
(l) attend a non-residential program for youth; | ||
(m) provide nonfinancial contributions to the minor's | ||
own support at home or in a foster home; | ||
(n) perform some reasonable public or community | ||
service that does not interfere with school hours, | ||
school-related activities, or work commitments of the | ||
minor or the minor's parent, guardian, or legal custodian; | ||
(o) make restitution to the victim, in the same manner |
and under the same conditions as provided in subsection | ||
(4) of Section 5-710, except that the "sentencing hearing" | ||
referred to in that Section shall be the adjudicatory | ||
hearing for purposes of this Section; | ||
(p) comply with curfew requirements as designated by | ||
the court; | ||
(q) refrain from entering into a designated geographic | ||
area except upon terms as the court finds appropriate. The | ||
terms may include consideration of the purpose of the | ||
entry, the time of day, other persons accompanying the | ||
minor, and advance approval by a probation officer; | ||
(r) refrain from having any contact, directly or | ||
indirectly, with certain specified persons or particular | ||
types of persons, including , but not limited to , members | ||
of street gangs and drug users or dealers; | ||
(r-5) undergo a medical or other procedure to have a | ||
tattoo symbolizing allegiance to a street gang removed | ||
from the minor's body; | ||
(s) refrain from having in the minor's body the | ||
presence of any illicit drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled Substances Act, or | ||
the Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of | ||
the minor's blood or urine or both for tests to determine | ||
the presence of any illicit drug; or | ||
(t) comply with any other conditions as may be ordered |
by the court. | ||
(6) A minor whose case is continued under supervision | ||
under subsection (5) shall be given a certificate setting | ||
forth the conditions imposed by the court. Those conditions | ||
may be reduced, enlarged, or modified by the court on motion of | ||
the probation officer or on its own motion, or that of the | ||
State's Attorney, or, at the request of the minor after notice | ||
and hearing. | ||
(7) If a petition is filed charging a violation of a | ||
condition of the continuance under supervision, the court | ||
shall conduct a hearing. If the court finds that a condition of | ||
supervision has not been fulfilled, the court may proceed to | ||
findings, adjudication, and disposition or adjudication and | ||
disposition. The filing of a petition for violation of a | ||
condition of the continuance under supervision shall toll the | ||
period of continuance under supervision until the final | ||
determination of the charge, and the term of the continuance | ||
under supervision shall not run until the hearing and | ||
disposition of the petition for violation; provided where the | ||
petition alleges conduct that does not constitute a criminal | ||
offense, the hearing must be held within 30 days of the filing | ||
of the petition unless a delay shall continue the tolling of | ||
the period of continuance under supervision for the period of | ||
the delay. | ||
(8) When a hearing in which a minor is alleged to be a | ||
delinquent for reasons that include a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 is continued under this Section, the court shall, as a | ||
condition of the continuance under supervision, require the | ||
minor to perform community service for not less than 30 and not | ||
more than 120 hours, if community service is available in the | ||
jurisdiction. The community service shall include, but need | ||
not be limited to, the cleanup and repair of the damage that | ||
was caused by the alleged violation or similar damage to | ||
property located in the municipality or county in which the | ||
alleged violation occurred. The condition may be in addition | ||
to any other condition. Community service shall not interfere | ||
with the school hours, school-related activities, or work | ||
commitments of the minor or the minor's parent, guardian, or | ||
legal custodian. | ||
(8.5) When a hearing in which a minor is alleged to be a | ||
delinquent for reasons that include a violation of Section | ||
3.02 or Section 3.03 of the Humane Care for Animals Act or | ||
paragraph (d) of subsection (1) of Section 21-1 of the | ||
Criminal Code of 1961 or paragraph (4) of subsection (a) of | ||
Section 21-1 or the Criminal Code of 2012 is continued under | ||
this Section, the court shall, as a condition of the | ||
continuance under supervision, require the minor to undergo | ||
medical or psychiatric treatment rendered by a psychiatrist or | ||
psychological treatment rendered by a clinical psychologist. | ||
The condition may be in addition to any other condition. | ||
(9) When a hearing in which a minor is alleged to be a |
delinquent is continued under this Section, the court, before | ||
continuing the case, shall make a finding whether the offense | ||
alleged to have been committed either: (i) was related to or in | ||
furtherance of the activities of an organized gang or was | ||
motivated by the minor's membership in or allegiance to an | ||
organized gang, or (ii) is a violation of paragraph (13) of | ||
subsection (a) of Section 12-2 or paragraph (2) of subsection | ||
(c) of Section 12-2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, a violation of any Section of Article 24 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||
violation of any statute that involved the unlawful use of a | ||
firearm. If the court determines the question in the | ||
affirmative the court shall, as a condition of the continuance | ||
under supervision and as part of or in addition to any other | ||
condition of the supervision, require the minor to perform | ||
community service for not less than 30 hours, provided that | ||
community service is available in the jurisdiction and is | ||
funded and approved by the county board of the county where the | ||
offense was committed. The community service shall include, | ||
but need not be limited to, the cleanup and repair of any | ||
damage caused by an alleged violation of Section 21-1.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 and similar | ||
damage to property located in the municipality or county in | ||
which the alleged violation occurred. When possible and | ||
reasonable, the community service shall be performed in the | ||
minor's neighborhood. For the purposes of this Section, |
"organized gang" has the meaning ascribed to it in Section 10 | ||
of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||
Community service shall not interfere with the school hours, | ||
school-related activities, or work commitments of the minor or | ||
the minor's parent, guardian, or legal custodian. | ||
(10) (Blank). | ||
(11) (Blank). | ||
(12) Fines and assessments, including any fee or | ||
administrative cost authorized under Section 5-4.5-105, | ||
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||
Unified Code of Corrections, shall not be ordered or imposed | ||
on a minor or the minor's parent, guardian, or legal custodian | ||
as a condition of continuance under supervision. If the minor | ||
or the minor's parent, guardian, or legal custodian is unable | ||
to cover the cost of a condition under this subsection, the | ||
court shall not preclude the minor from receiving continuance | ||
under supervision based on the inability to pay. Inability to | ||
pay shall not be grounds to object to the minor's placement on | ||
a continuance under supervision. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 8-25-23.) | ||
(705 ILCS 405/5-625) | ||
Sec. 5-625. Absence of minor. | ||
(1) When a minor after arrest and an initial court | ||
appearance for a felony, fails to appear for trial, at the |
request of the State and after the State has affirmatively | ||
proven through substantial evidence that the minor is | ||
willfully avoiding trial, the court may commence trial in the | ||
absence of the minor. The absent minor must be represented by | ||
retained or appointed counsel. If trial had previously | ||
commenced in the presence of the minor and the minor is | ||
willfully absent for 2 successive court days, the court shall | ||
proceed to trial. All procedural rights guaranteed by the | ||
United States Constitution, Constitution of the State of | ||
Illinois, statutes of the State of Illinois, and rules of | ||
court shall apply to the proceedings the same as if the minor | ||
were present in court. The court may set the case for a trial | ||
which may be conducted under this Section despite the failure | ||
of the minor to appear at the hearing at which the trial date | ||
is set. When the trial date is set , the clerk shall send to the | ||
minor, by certified mail at the minor's last known address, | ||
notice of the new date which has been set for trial. The | ||
notification shall be required when the minor was not | ||
personally present in open court at the time when the case was | ||
set for trial. | ||
(2) The absence of the minor from a trial conducted under | ||
this Section does not operate as a bar to concluding the trial, | ||
to a finding of guilty resulting from the trial, or to a final | ||
disposition of the trial in favor of the minor. | ||
(3) Upon a finding or verdict of not guilty , the court | ||
shall enter a finding for the minor. Upon a finding or verdict |
of guilty, the court shall set a date for the hearing of | ||
post-trial motions and shall hear the motion in the absence of | ||
the minor. If post-trial motions are denied, the court shall | ||
proceed to conduct a sentencing hearing and to impose a | ||
sentence upon the minor. A social investigation is waived if | ||
the minor is absent. | ||
(4) A minor who is absent for part of the proceedings of | ||
trial, post-trial motions, or sentencing, does not thereby | ||
forfeit the minor's right to be present at all remaining | ||
proceedings. | ||
(5) When a minor who in the minor's absence has been either | ||
found guilty or sentenced or both found guilty and sentenced | ||
appears before the court, the minor must be granted a new trial | ||
or a new sentencing hearing if the minor can establish that the | ||
minor's failure to appear in court was both without the | ||
minor's fault and due to circumstances beyond the minor's | ||
control. A hearing with notice to the State's Attorney on the | ||
minors request for a new trial or a new sentencing hearing must | ||
be held before any such request may be granted. At any such | ||
hearing both the minor and the State may present evidence. | ||
(6) If the court grants only the minor's request for a new | ||
sentencing hearing, then a new sentencing hearing shall be | ||
held in accordance with the provisions of this Article. At any | ||
such hearing, both the minor and the State may offer evidence | ||
of the minor's conduct during the minor's period of absence | ||
from the court. The court may impose any sentence authorized |
by this Article and in the case of an extended juvenile | ||
jurisdiction prosecution the Unified Code of Corrections and | ||
is not in any way limited or restricted by any sentence | ||
previously imposed. | ||
(7) A minor whose motion under subsection (5) for a new | ||
trial or new sentencing hearing has been denied may file a | ||
notice of appeal from the denial. The notice may also include a | ||
request for review of the finding and sentence not vacated by | ||
the trial court. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/5-705) | ||
Sec. 5-705. Sentencing hearing; evidence; continuance. | ||
(1) In this subsection (1), "violent crime" has the same | ||
meaning ascribed to the term in subsection (c) of Section 3 of | ||
the Rights of Crime Victims and Witnesses Act. At the | ||
sentencing hearing, the court shall determine whether it is in | ||
the best interests of the minor or the public that the minor be | ||
made a ward of the court, and, if the minor is to be made a | ||
ward of the court, the court shall determine the proper | ||
disposition best serving the interests of the minor and the | ||
public. All evidence helpful in determining these questions, | ||
including oral and written reports, may be admitted and may be | ||
relied upon to the extent of its probative value, even though | ||
not competent for the purposes of the trial. A crime victim | ||
shall be allowed to present an oral or written statement, as |
guaranteed by Article I, Section 8.1 of the Illinois | ||
Constitution and as provided in Section 6 of the Rights of | ||
Crime Victims and Witnesses Act, in any case in which: (a) a | ||
juvenile has been adjudicated delinquent for a violent crime | ||
after a bench or jury trial; or (b) the petition alleged the | ||
commission of a violent crime and the juvenile has been | ||
adjudicated delinquent under a plea agreement of a crime that | ||
is not a violent crime. The court shall allow a victim to make | ||
an oral statement if the victim is present in the courtroom and | ||
requests to make an oral statement. An oral statement includes | ||
the victim or a representative of the victim reading the | ||
written statement. The court may allow persons impacted by the | ||
crime who are not victims under subsection (a) of Section 3 of | ||
the Rights of Crime Victims and Witnesses Act to present an | ||
oral or written statement. A victim and any person making an | ||
oral statement shall not be put under oath or subject to | ||
cross-examination. A record of a prior continuance under | ||
supervision under Section 5-615, whether successfully | ||
completed or not, is admissible at the sentencing hearing. No | ||
order of commitment to the Department of Juvenile Justice | ||
shall be entered against a minor before a written report of | ||
social investigation, which has been completed within the | ||
previous 60 days, is presented to and considered by the court. | ||
(2) Once a party has been served in compliance with | ||
Section 5-525, no further service or notice must be given to | ||
that party prior to proceeding to a sentencing hearing. Before |
imposing sentence the court shall advise the State's Attorney | ||
and the parties who are present or their counsel of the factual | ||
contents and the conclusions of the reports prepared for the | ||
use of the court and considered by it, and afford fair | ||
opportunity, if requested, to controvert them. Factual | ||
contents, conclusions, documents and sources disclosed by the | ||
court under this paragraph shall not be further disclosed | ||
without the express approval of the court. | ||
(3) On its own motion or that of the State's Attorney, a | ||
parent, guardian, legal custodian, or counsel, the court may | ||
adjourn the hearing for a reasonable period to receive reports | ||
or other evidence and, in such event, shall make an | ||
appropriate order for detention of the minor or the minor's | ||
release from detention subject to supervision by the court | ||
during the period of the continuance. In the event the court | ||
shall order detention hereunder, the period of the continuance | ||
shall not exceed 30 court days. At the end of such time, the | ||
court shall release the minor from detention unless notice is | ||
served at least 3 days prior to the hearing on the continued | ||
date that the State will be seeking an extension of the period | ||
of detention, which notice shall state the reason for the | ||
request for the extension. The extension of detention may be | ||
for a maximum period of an additional 15 court days or a lesser | ||
number of days at the discretion of the court. However, at the | ||
expiration of the period of extension, the court shall release | ||
the minor from detention if a further continuance is granted. |
In scheduling investigations and hearings, the court shall | ||
give priority to proceedings in which a minor is in detention | ||
or has otherwise been removed from the minor's home before a | ||
sentencing order has been made. | ||
(4) When commitment to the Department of Juvenile Justice | ||
is ordered, the court shall state the basis for selecting the | ||
particular disposition, and the court shall prepare such a | ||
statement for inclusion in the record. | ||
(5) Before a sentencing order is entered by the court | ||
under Section 5-710 for a minor adjudged delinquent for a | ||
violation of paragraph (3.5) of subsection (a) of Section 26-1 | ||
of the Criminal Code of 2012, in which the minor made a threat | ||
of violence, death, or bodily harm against a person, school, | ||
school function, or school event, the court may order a mental | ||
health evaluation of the minor by a physician, clinical | ||
psychologist, or qualified examiner, whether employed by the | ||
State, by any public or private mental health facility or part | ||
of the facility, or by any public or private medical facility | ||
or part of the facility. A statement made by a minor during the | ||
course of a mental health evaluation conducted under this | ||
subsection (5) is not admissible on the issue of delinquency | ||
during the course of an adjudicatory hearing held under this | ||
Act. Neither the physician, clinical psychologist, or | ||
qualified examiner, or the employer of the physician, clinical | ||
psychologist, or qualified examiner, shall be held criminally, | ||
civilly, or professionally liable for performing a mental |
health examination under this subsection (5), except for | ||
willful or wanton misconduct. In this subsection (5), | ||
"qualified examiner" has the meaning provided in Section 1-122 | ||
of the Mental Health and Developmental Disabilities Code. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
(705 ILCS 405/5-710) | ||
Sec. 5-710. Kinds of sentencing orders. | ||
(1) The following kinds of sentencing orders may be made | ||
in respect of wards of the court: | ||
(a) Except as provided in Sections 5-805, 5-810, and | ||
5-815, a minor who is found guilty under Section 5-620 may | ||
be: | ||
(i) put on probation or conditional discharge and | ||
released to the minor's parents, guardian or legal | ||
custodian, provided, however, that any such minor who | ||
is not committed to the Department of Juvenile Justice | ||
under this subsection and who is found to be a | ||
delinquent for an offense which is first degree | ||
murder, a Class X felony, or a forcible felony shall be | ||
placed on probation; | ||
(ii) placed in accordance with Section 5-740, with | ||
or without also being put on probation or conditional | ||
discharge; | ||
(iii) required to undergo a substance abuse | ||
assessment conducted by a licensed provider and |
participate in the indicated clinical level of care; | ||
(iv) on and after January 1, 2015 (the effective | ||
date of Public Act 98-803) and before January 1, 2017, | ||
placed in the guardianship of the Department of | ||
Children and Family Services, but only if the | ||
delinquent minor is under 16 years of age or, pursuant | ||
to Article II of this Act, a minor under the age of 18 | ||
for whom an independent basis of abuse, neglect, or | ||
dependency exists. On and after January 1, 2017, | ||
placed in the guardianship of the Department of | ||
Children and Family Services, but only if the | ||
delinquent minor is under 15 years of age or, pursuant | ||
to Article II of this Act, a minor for whom an | ||
independent basis of abuse, neglect, or dependency | ||
exists. An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, | ||
or circumstances which give rise to a charge or | ||
adjudication of delinquency; | ||
(v) placed in detention for a period not to exceed | ||
30 days, either as the exclusive order of disposition | ||
or, where appropriate, in conjunction with any other | ||
order of disposition issued under this paragraph, | ||
provided that any such detention shall be in a | ||
juvenile detention home and the minor so detained | ||
shall be 10 years of age or older. However, the 30-day |
limitation may be extended by further order of the | ||
court for a minor under age 15 committed to the | ||
Department of Children and Family Services if the | ||
court finds that the minor is a danger to the minor or | ||
others. The minor shall be given credit on the | ||
sentencing order of detention for time spent in | ||
detention under Sections 5-501, 5-601, 5-710, or 5-720 | ||
of this Article as a result of the offense for which | ||
the sentencing order was imposed. The court may grant | ||
credit on a sentencing order of detention entered | ||
under a violation of probation or violation of | ||
conditional discharge under Section 5-720 of this | ||
Article for time spent in detention before the filing | ||
of the petition alleging the violation. A minor shall | ||
not be deprived of credit for time spent in detention | ||
before the filing of a violation of probation or | ||
conditional discharge alleging the same or related act | ||
or acts. The limitation that the minor shall only be | ||
placed in a juvenile detention home does not apply as | ||
follows: | ||
Persons 18 years of age and older who have a | ||
petition of delinquency filed against them may be | ||
confined in an adult detention facility. In making a | ||
determination whether to confine a person 18 years of | ||
age or older who has a petition of delinquency filed | ||
against the person, these factors, among other |
matters, shall be considered: | ||
(A) the age of the person; | ||
(B) any previous delinquent or criminal | ||
history of the person; | ||
(C) any previous abuse or neglect history of | ||
the person; | ||
(D) any mental health history of the person; | ||
and | ||
(E) any educational history of the person; | ||
(vi) ordered partially or completely emancipated | ||
in accordance with the provisions of the Emancipation | ||
of Minors Act; | ||
(vii) subject to having the minor's driver's | ||
license or driving privileges suspended for such time | ||
as determined by the court but only until the minor | ||
attains 18 years of age; | ||
(viii) put on probation or conditional discharge | ||
and placed in detention under Section 3-6039 of the | ||
Counties Code for a period not to exceed the period of | ||
incarceration permitted by law for adults found guilty | ||
of the same offense or offenses for which the minor was | ||
adjudicated delinquent, and in any event no longer | ||
than upon attainment of age 21; this subdivision | ||
(viii) notwithstanding any contrary provision of the | ||
law; | ||
(ix) ordered to undergo a medical or other |
procedure to have a tattoo symbolizing allegiance to a | ||
street gang removed from the minor's body; or | ||
(x) placed in electronic monitoring or home | ||
detention under Part 7A of this Article. | ||
(b) A minor found to be guilty may be committed to the | ||
Department of Juvenile Justice under Section 5-750 if the | ||
minor is at least 13 years and under 20 years of age, | ||
provided that the commitment to the Department of Juvenile | ||
Justice shall be made only if the minor was found guilty of | ||
a felony offense or first degree murder. The court shall | ||
include in the sentencing order any pre-custody credits | ||
the minor is entitled to under Section 5-4.5-100 of the | ||
Unified Code of Corrections. The time during which a minor | ||
is in custody before being released upon the request of a | ||
parent, guardian or legal custodian shall also be | ||
considered as time spent in custody. | ||
(c) When a minor is found to be guilty for an offense | ||
which is a violation of the Illinois Controlled Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection Act and made a ward of | ||
the court, the court may enter a disposition order | ||
requiring the minor to undergo assessment, counseling or | ||
treatment in a substance use disorder treatment program | ||
approved by the Department of Human Services. | ||
(2) Any sentencing order other than commitment to the | ||
Department of Juvenile Justice may provide for protective |
supervision under Section 5-725 and may include an order of | ||
protection under Section 5-730. | ||
(3) Unless the sentencing order expressly so provides, it | ||
does not operate to close proceedings on the pending petition, | ||
but is subject to modification until final closing and | ||
discharge of the proceedings under Section 5-750. | ||
(4) In addition to any other sentence, the court may order | ||
any minor found to be delinquent to make restitution, in | ||
monetary or non-monetary form, under the terms and conditions | ||
of Section 5-5-6 of the Unified Code of Corrections, except | ||
that the "presentencing hearing" referred to in that Section | ||
shall be the sentencing hearing for purposes of this Section. | ||
The parent, guardian or legal custodian of the minor may be | ||
ordered by the court to pay some or all of the restitution on | ||
the minor's behalf, pursuant to the Parental Responsibility | ||
Law. The State's Attorney is authorized to act on behalf of any | ||
victim in seeking restitution in proceedings under this | ||
Section, up to the maximum amount allowed in Section 5 of the | ||
Parental Responsibility Law. | ||
(5) Any sentencing order where the minor is committed or | ||
placed in accordance with Section 5-740 shall provide for the | ||
parents or guardian of the estate of the minor to pay to the | ||
legal custodian or guardian of the person of the minor such | ||
sums as are determined by the custodian or guardian of the | ||
person of the minor as necessary for the minor's needs. The | ||
payments may not exceed the maximum amounts provided for by |
Section 9.1 of the Children and Family Services Act. | ||
(6) Whenever the sentencing order requires the minor to | ||
attend school or participate in a program of training, the | ||
truant officer or designated school official shall regularly | ||
report to the court if the minor is a chronic or habitual | ||
truant under Section 26-2a of the School Code. Notwithstanding | ||
any other provision of this Act, in instances in which | ||
educational services are to be provided to a minor in a | ||
residential facility where the minor has been placed by the | ||
court, costs incurred in the provision of those educational | ||
services must be allocated based on the requirements of the | ||
School Code. | ||
(7) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice for a period of time in excess | ||
of that period for which an adult could be committed for the | ||
same act. The court shall include in the sentencing order a | ||
limitation on the period of confinement not to exceed the | ||
maximum period of imprisonment the court could impose under | ||
Chapter V of the Unified Code of Corrections. | ||
(7.5) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice or placed in detention when the | ||
act for which the minor was adjudicated delinquent would not | ||
be illegal if committed by an adult. | ||
(7.6) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice for an offense which is a Class | ||
4 felony under Section 19-4 (criminal trespass to a |
residence), 21-1 (criminal damage to property), 21-1.01 | ||
(criminal damage to government supported property), 21-1.3 | ||
(criminal defacement of property), 26-1 (disorderly conduct), | ||
or 31-4 (obstructing justice) of the Criminal Code of 2012. | ||
(7.75) In no event shall a guilty minor be committed to the | ||
Department of Juvenile Justice for an offense that is a Class 3 | ||
or Class 4 felony violation of the Illinois Controlled | ||
Substances Act unless the commitment occurs upon a third or | ||
subsequent judicial finding of a violation of probation for | ||
substantial noncompliance with court-ordered treatment or | ||
programming. | ||
(8) A minor found to be guilty for reasons that include a | ||
violation of Section 21-1.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 shall be ordered to perform community | ||
service for not less than 30 and not more than 120 hours, if | ||
community service is available in the jurisdiction. The | ||
community service shall include, but need not be limited to, | ||
the cleanup and repair of the damage that was caused by the | ||
violation or similar damage to property located in the | ||
municipality or county in which the violation occurred. The | ||
order may be in addition to any other order authorized by this | ||
Section. Community service shall not interfere with the school | ||
hours, school-related activities, or work commitments of the | ||
minor or the minor's parent, guardian, or legal custodian. | ||
(8.5) A minor found to be guilty for reasons that include a | ||
violation of Section 3.02 or Section 3.03 of the Humane Care |
for Animals Act or paragraph (d) of subsection (1) of Section | ||
21-1 of the Criminal Code of 1961 or paragraph (4) of | ||
subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||
shall be ordered to undergo medical or psychiatric treatment | ||
rendered by a psychiatrist or psychological treatment rendered | ||
by a clinical psychologist. The order may be in addition to any | ||
other order authorized by this Section. | ||
(9) In addition to any other sentencing order, the court | ||
shall order any minor found to be guilty for an act which would | ||
constitute, predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, criminal sexual assault, | ||
aggravated criminal sexual abuse, or criminal sexual abuse if | ||
committed by an adult to 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 agency of | ||
acquired immunodeficiency syndrome (AIDS). Any 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 minor's person. Except as | ||
otherwise provided by law, the results of the 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 sentencing | ||
order 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 the results of the testing may be revealed. The court | ||
shall notify the minor of the results of the test for infection | ||
with the human immunodeficiency virus (HIV). 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 the legal guardian, of the results of the test for | ||
infection with the human immunodeficiency virus (HIV). The | ||
court shall provide information on the availability of HIV | ||
testing and counseling at the Department of Public Health | ||
facilities to all parties to whom the results of the testing | ||
are revealed. The court shall order that the cost of any test | ||
shall be paid by the county. | ||
(10) When a court finds a minor to be guilty the court | ||
shall, before entering a sentencing order under this Section, | ||
make a finding whether the offense committed either: (a) was | ||
related to or in furtherance of the criminal activities of an | ||
organized gang or was motivated by the minor's membership in | ||
or allegiance to an organized gang, or (b) involved a | ||
violation of subsection (a) of Section 12-7.1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, a violation of any | ||
Section of Article 24 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a violation of any statute that | ||
involved the wrongful use of a firearm. If the court | ||
determines the question in the affirmative, and the court does |
not commit the minor to the Department of Juvenile Justice, | ||
the court shall order the minor to perform community service | ||
for not less than 30 hours nor more than 120 hours, provided | ||
that community service is available in the jurisdiction and is | ||
funded and approved by the county board of the county where the | ||
offense was committed. The community service shall include, | ||
but need not be limited to, the cleanup and repair of any | ||
damage caused by a violation of Section 21-1.3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 and similar damage to | ||
property located in the municipality or county in which the | ||
violation occurred. When possible and reasonable, the | ||
community service shall be performed in the minor's | ||
neighborhood. This order shall be in addition to any other | ||
order authorized by this Section except for an order to place | ||
the minor in the custody of the Department of Juvenile | ||
Justice. Community service shall not interfere with the school | ||
hours, school-related activities, or work commitments of the | ||
minor or the minor's parent, guardian, or legal custodian. For | ||
the purposes of this Section, "organized gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois Streetgang | ||
Terrorism Omnibus Prevention Act. | ||
(11) If the court determines that the offense was | ||
committed in furtherance of the criminal activities of an | ||
organized gang, as provided in subsection (10), and that the | ||
offense involved the operation or use of a motor vehicle or the | ||
use of a driver's license or permit, the court shall notify the |
Secretary of State of that determination and of the period for | ||
which the minor shall be denied driving privileges. If, at the | ||
time of the determination, the minor does not hold a driver's | ||
license or permit, the court shall provide that the minor | ||
shall not be issued a driver's license or permit until the | ||
minor's 18th birthday. If the minor holds a driver's license | ||
or permit at the time of the determination, the court shall | ||
provide that the minor's driver's license or permit shall be | ||
revoked until the minor's 21st birthday, or until a later date | ||
or occurrence determined by the court. If the minor holds a | ||
driver's license at the time of the determination, the court | ||
may direct the Secretary of State to issue the minor a judicial | ||
driving permit, also known as a JDP. The JDP shall be subject | ||
to the same terms as a JDP issued under Section 6-206.1 of the | ||
Illinois Vehicle Code, except that the court may direct that | ||
the JDP be effective immediately. | ||
(12) (Blank). | ||
(13) Fines and assessments, including any fee or | ||
administrative cost authorized under Section 5-4.5-105, | ||
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||
Unified Code of Corrections, relating to any sentencing order | ||
shall not be ordered or imposed on a minor or the minor's | ||
parent, guardian, or legal custodian. The inability of a | ||
minor, or minor's parent, guardian, or legal custodian, to | ||
cover the costs associated with an appropriate sentencing | ||
order shall not be the basis for the court to enter a |
sentencing order incongruent with the court's findings | ||
regarding the offense on which the minor was adjudicated or | ||
the mitigating factors. | ||
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; | ||
103-379, eff. 7-28-23; revised 8-25-23.) | ||
(705 ILCS 405/5-715) | ||
Sec. 5-715. Probation. | ||
(1) The period of probation or conditional discharge shall | ||
not exceed 5 years or until the minor has attained the age of | ||
21 years, whichever is less, except as provided in this | ||
Section for a minor who is found to be guilty for an offense | ||
which is first degree murder. The juvenile court may terminate | ||
probation or conditional discharge and discharge the minor at | ||
any time if warranted by the conduct of the minor and the ends | ||
of justice; provided, however, that the period of probation | ||
for a minor who is found to be guilty for an offense which is | ||
first degree murder shall be at least 5 years. | ||
(1.5) The period of probation for a minor who is found | ||
guilty of aggravated criminal sexual assault, criminal sexual | ||
assault, or aggravated battery with a firearm shall be at | ||
least 36 months. The period of probation for a minor who is | ||
found to be guilty of any other Class X felony shall be at | ||
least 24 months. The period of probation for a Class 1 or Class | ||
2 forcible felony shall be at least 18 months. Regardless of | ||
the length of probation ordered by the court, for all offenses |
under this subsection paragraph (1.5), the court shall | ||
schedule hearings to determine whether it is in the best | ||
interest of the minor and public safety to terminate probation | ||
after the minimum period of probation has been served. In such | ||
a hearing, there shall be a rebuttable presumption that it is | ||
in the best interest of the minor and public safety to | ||
terminate probation. | ||
(2) The court may as a condition of probation or of | ||
conditional discharge require that the minor: | ||
(a) not violate any criminal statute of any | ||
jurisdiction; | ||
(b) make a report to and appear in person before any | ||
person or agency as directed by the court; | ||
(c) work or pursue a course of study or vocational | ||
training; | ||
(d) undergo medical or psychiatric treatment, rendered | ||
by a psychiatrist or psychological treatment rendered by a | ||
clinical psychologist or social work services rendered by | ||
a clinical social worker, or treatment for drug addiction | ||
or alcoholism; | ||
(e) attend or reside in a facility established for the | ||
instruction or residence of persons on probation; | ||
(f) support the minor's dependents, if any; | ||
(g) refrain from possessing a firearm or other | ||
dangerous weapon, or an automobile; | ||
(h) permit the probation officer to visit the minor at |
the minor's home or elsewhere; | ||
(i) reside with the minor's parents or in a foster | ||
home; | ||
(j) attend school; | ||
(j-5) with the consent of the superintendent of the | ||
facility, attend an educational program at a facility | ||
other than the school in which the offense was committed | ||
if the minor committed a crime of violence as defined in | ||
Section 2 of the Crime Victims Compensation Act in a | ||
school, on the real property comprising a school, or | ||
within 1,000 feet of the real property comprising a | ||
school; | ||
(k) attend a non-residential program for youth; | ||
(l) make restitution under the terms of subsection (4) | ||
of Section 5-710; | ||
(m) provide nonfinancial contributions to the minor's | ||
own support at home or in a foster home; | ||
(n) perform some reasonable public or community | ||
service that does not interfere with school hours, | ||
school-related activities, or work commitments of the | ||
minor or the minor's parent, guardian, or legal custodian; | ||
(o) participate with community corrections programs | ||
including unified delinquency intervention services | ||
administered by the Department of Human Services subject | ||
to Section 5 of the Children and Family Services Act; | ||
(p) (blank); |
(q) serve a term of home confinement. In addition to | ||
any other applicable condition of probation or conditional | ||
discharge, the conditions of home confinement shall be | ||
that the minor: | ||
(i) remain within the interior premises of the | ||
place designated for the minor's confinement during | ||
the hours designated by the court; | ||
(ii) admit any person or agent designated by the | ||
court into the minor's place of confinement at any | ||
time for purposes of verifying the minor's compliance | ||
with the conditions of the minor's confinement; and | ||
(iii) use an approved electronic monitoring device | ||
if ordered by the court subject to Article 8A of | ||
Chapter V of the Unified Code of Corrections; | ||
(r) refrain from entering into a designated geographic | ||
area except upon terms as the court finds appropriate. The | ||
terms may include consideration of the purpose of the | ||
entry, the time of day, other persons accompanying the | ||
minor, and advance approval by a probation officer, if the | ||
minor has been placed on probation, or advance approval by | ||
the court, if the minor has been placed on conditional | ||
discharge; | ||
(s) refrain from having any contact, directly or | ||
indirectly, with certain specified persons or particular | ||
types of persons, including , but not limited to , members | ||
of street gangs and drug users or dealers; |
(s-5) undergo a medical or other procedure to have a | ||
tattoo symbolizing allegiance to a street gang removed | ||
from the minor's body; | ||
(t) refrain from having in the minor's body the | ||
presence of any illicit drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled Substances Act, or | ||
the Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and shall submit samples | ||
of the minor's blood or urine or both for tests to | ||
determine the presence of any illicit drug; or | ||
(u) comply with other conditions as may be ordered by | ||
the court. | ||
(3) The court may as a condition of probation or of | ||
conditional discharge require that a minor found guilty on any | ||
alcohol, cannabis, methamphetamine, or controlled substance | ||
violation, refrain from acquiring a driver's license during | ||
the period of probation or conditional discharge. If the minor | ||
is in possession of a permit or license, the court may require | ||
that the minor refrain from driving or operating any motor | ||
vehicle during the period of probation or conditional | ||
discharge, except as may be necessary in the course of the | ||
minor's lawful employment. | ||
(3.5) The court shall, as a condition of probation or of | ||
conditional discharge, require that a minor found to be guilty | ||
and placed on probation for reasons that include a violation | ||
of Section 3.02 or Section 3.03 of the Humane Care for Animals |
Act or paragraph (4) of subsection (a) of Section 21-1 of the | ||
Criminal Code of 2012 undergo medical or psychiatric treatment | ||
rendered by a psychiatrist or psychological treatment rendered | ||
by a clinical psychologist. The condition may be in addition | ||
to any other condition. | ||
(3.10) The court shall order that a minor placed on | ||
probation or conditional discharge for a sex offense as | ||
defined in the Sex Offender Management Board Act undergo and | ||
successfully complete sex offender treatment. The treatment | ||
shall be in conformance with the standards developed under the | ||
Sex Offender Management Board Act and conducted by a treatment | ||
provider approved by the Board. | ||
(4) A minor on probation or conditional discharge shall be | ||
given a certificate setting forth the conditions upon which | ||
the minor is being released. | ||
(5) (Blank). | ||
(5.5) Jurisdiction over an offender may be transferred | ||
from the sentencing court to the court of another circuit with | ||
the concurrence of both courts. Further transfers or | ||
retransfers of jurisdiction are also authorized in the same | ||
manner. The court to which jurisdiction has been transferred | ||
shall have the same powers as the sentencing court. | ||
If the transfer case originated in another state and has | ||
been transferred under the Interstate Compact for Juveniles to | ||
the jurisdiction of an Illinois circuit court for supervision | ||
by an Illinois probation department, probation fees may be |
imposed only if permitted by the Interstate Commission for | ||
Juveniles. | ||
(6) The General Assembly finds that in order to protect | ||
the public, the juvenile justice system must compel compliance | ||
with the conditions of probation by responding to violations | ||
with swift, certain, and fair punishments and intermediate | ||
sanctions. The Chief Judge of each circuit shall adopt a | ||
system of structured, intermediate sanctions for violations of | ||
the terms and conditions of a sentence of supervision, | ||
probation , or conditional discharge, under this Act. | ||
The court shall provide as a condition of a disposition of | ||
probation, conditional discharge, or supervision, that the | ||
probation agency may invoke any sanction from the list of | ||
intermediate sanctions adopted by the chief judge of the | ||
circuit court for violations of the terms and conditions of | ||
the sentence of probation, conditional discharge, or | ||
supervision, subject to the provisions of Section 5-720 of | ||
this Act. | ||
(7) Fines and assessments, including any fee or | ||
administrative cost authorized under Section 5-4.5-105, | ||
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the | ||
Unified Code of Corrections, shall not be ordered or imposed | ||
on a minor or the minor's parent, guardian, or legal custodian | ||
as a condition of probation, conditional discharge, or | ||
supervision. If the minor or the minor's parent, guardian, or | ||
legal custodian is unable to cover the cost of a condition |
under this subsection, the court shall not preclude the minor | ||
from receiving probation, conditional discharge, or | ||
supervision based on the inability to pay. Inability to pay | ||
shall not be grounds to object to the minor's placement on | ||
probation, conditional discharge, or supervision. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-25-23.) | ||
(705 ILCS 405/5-810) | ||
Sec. 5-810. Extended jurisdiction juvenile prosecutions. | ||
(1)(a) If the State's Attorney files a petition, at any | ||
time prior to commencement of the minor's trial, to designate | ||
the proceeding as an extended jurisdiction juvenile | ||
prosecution and the petition alleges the commission by a minor | ||
13 years of age or older of any offense which would be a felony | ||
if committed by an adult, and, if the juvenile judge assigned | ||
to hear and determine petitions to designate the proceeding as | ||
an extended jurisdiction juvenile prosecution determines that | ||
there is probable cause to believe that the allegations in the | ||
petition and motion are true, there is a rebuttable | ||
presumption that the proceeding shall be designated as an | ||
extended jurisdiction juvenile proceeding. | ||
(b) The judge shall enter an order designating the | ||
proceeding as an extended jurisdiction juvenile proceeding | ||
unless the judge makes a finding based on clear and convincing | ||
evidence that sentencing under the Chapter V of the Unified |
Code of Corrections would not be appropriate for the minor | ||
based on an evaluation of the following factors: | ||
(i) the age of the minor; | ||
(ii) the history of the minor, including: | ||
(A) any previous delinquent or criminal history of | ||
the minor, | ||
(B) any previous abuse or neglect history of the | ||
minor, | ||
(C) any mental health, physical and/or educational | ||
history of the minor, and | ||
(D) any involvement of the minor in the child | ||
welfare system; | ||
(iii) the circumstances of the offense, including: | ||
(A) the seriousness of the offense, | ||
(B) whether the minor is charged through | ||
accountability, | ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated manner, | ||
(D) whether there is evidence the offense caused | ||
serious bodily harm, | ||
(E) whether there is evidence the minor possessed | ||
a deadly weapon, | ||
(F) whether there is evidence the minor was | ||
subjected to outside pressure, including peer | ||
pressure, familial pressure, or negative influences, | ||
and |
(G) the minor's degree of participation and | ||
specific role in the offense; | ||
(iv) the advantages of treatment within the juvenile | ||
justice system including whether there are facilities or | ||
programs, or both, particularly available in the juvenile | ||
system; | ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections: | ||
(A) the minor's history of services, including the | ||
minor's willingness to participate meaningfully in | ||
available services; | ||
(B) whether there is a reasonable likelihood that | ||
the minor can be rehabilitated before the expiration | ||
of the juvenile court's jurisdiction; | ||
(C) the adequacy of the punishment or services. | ||
In considering these factors, the court shall give greater | ||
weight to the seriousness of the alleged offense, and the | ||
minor's prior record of delinquency than to other factors | ||
listed in this subsection. | ||
(2) Procedures for extended jurisdiction juvenile | ||
prosecutions. The State's Attorney may file a written motion | ||
for a proceeding to be designated as an extended juvenile | ||
jurisdiction prior to commencement of trial. Notice of the | ||
motion shall be in compliance with Section 5-530. When the | ||
State's Attorney files a written motion that a proceeding be |
designated an extended jurisdiction juvenile prosecution, the | ||
court shall commence a hearing within 30 days of the filing of | ||
the motion for designation, unless good cause is shown by the | ||
prosecution or the minor as to why the hearing could not be | ||
held within this time period. If the court finds good cause has | ||
been demonstrated, then the hearing shall be held within 60 | ||
days of the filing of the motion. The hearings shall be open to | ||
the public unless the judge finds that the hearing should be | ||
closed for the protection of any party, victim or witness. If | ||
the Juvenile Judge assigned to hear and determine a motion to | ||
designate an extended jurisdiction juvenile prosecution | ||
determines that there is probable cause to believe that the | ||
allegations in the petition and motion are true the court | ||
shall grant the motion for designation. Information used by | ||
the court in its findings or stated in or offered in connection | ||
with this Section may be by way of proffer based on reliable | ||
information offered by the State or the minor. All evidence | ||
shall be admissible if it is relevant and reliable regardless | ||
of whether it would be admissible under the rules of evidence. | ||
(3) Trial. A minor who is subject of an extended | ||
jurisdiction juvenile prosecution has the right to trial by | ||
jury. Any trial under this Section shall be open to the public. | ||
(4) Sentencing. If an extended jurisdiction juvenile | ||
prosecution under subsection (1) results in a guilty plea, a | ||
verdict of guilty, or a finding of guilt, the court shall | ||
impose the following: |
(i) one or more juvenile sentences under Section | ||
5-710; and | ||
(ii) an adult criminal sentence in accordance with the | ||
provisions of Section 5-4.5-105 of the Unified Code of | ||
Corrections, the execution of which shall be stayed on the | ||
condition that the offender not violate the provisions of | ||
the juvenile sentence. | ||
Any sentencing hearing under this Section shall be open to the | ||
public. | ||
(5) If, after an extended jurisdiction juvenile | ||
prosecution trial, a minor is convicted of a lesser-included | ||
offense or of an offense that the State's Attorney did not | ||
designate as an extended jurisdiction juvenile prosecution, | ||
the State's Attorney may file a written motion, within 10 days | ||
of the finding of guilt, that the minor be sentenced as an | ||
extended jurisdiction juvenile prosecution offender. The court | ||
shall rule on this motion using the factors found in paragraph | ||
(1)(b) of Section 5-805. If the court denies the State's | ||
Attorney's motion for sentencing under the extended | ||
jurisdiction juvenile prosecution provision, the court shall | ||
proceed to sentence the minor under Section 5-710. | ||
(6) When it appears that a minor convicted in an extended | ||
jurisdiction juvenile prosecution under subsection (1) has | ||
violated the conditions of the minor's sentence, or is alleged | ||
to have committed a new offense upon the filing of a petition | ||
to revoke the stay, the court may, without notice, issue a |
warrant for the arrest of the minor. After a hearing, if the | ||
court finds by a preponderance of the evidence that the minor | ||
committed a new offense, the court shall order execution of | ||
the previously imposed adult criminal sentence. After a | ||
hearing, if the court finds by a preponderance of the evidence | ||
that the minor committed a violation of the minor's sentence | ||
other than by a new offense, the court may order execution of | ||
the previously imposed adult criminal sentence or may continue | ||
the minor on the existing juvenile sentence with or without | ||
modifying or enlarging the conditions. Upon revocation of the | ||
stay of the adult criminal sentence and imposition of that | ||
sentence, the minor's extended jurisdiction juvenile status | ||
shall be terminated. The on-going jurisdiction over the | ||
minor's case shall be assumed by the adult criminal court and | ||
juvenile court jurisdiction shall be terminated and a report | ||
of the imposition of the adult sentence shall be sent to the | ||
Illinois State Police. | ||
(7) Upon successful completion of the juvenile sentence | ||
the court shall vacate the adult criminal sentence. | ||
(8) Nothing in this Section precludes the State from | ||
filing a motion for transfer under Section 5-805. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(705 ILCS 405/5-915) | ||
Sec. 5-915. Expungement of juvenile law enforcement and |
juvenile court records. | ||
(0.05) (Blank). | ||
(0.1)(a) The Illinois State Police and all law enforcement | ||
agencies within the State shall automatically expunge, on or | ||
before January 1 of each year, except as described in | ||
paragraph (c) of this subsection (0.1), all juvenile law | ||
enforcement records relating to events occurring before an | ||
individual's 18th birthday if: | ||
(1) one year or more has elapsed since the date of the | ||
arrest or law enforcement interaction documented in the | ||
records; | ||
(2) no petition for delinquency or criminal charges | ||
were filed with the clerk of the circuit court relating to | ||
the arrest or law enforcement interaction documented in | ||
the records; and | ||
(3) 6 months have elapsed since the date of the arrest | ||
without an additional subsequent arrest or filing of a | ||
petition for delinquency or criminal charges whether | ||
related or not to the arrest or law enforcement | ||
interaction documented in the records. | ||
(b) If the law enforcement agency is unable to verify | ||
satisfaction of conditions (2) and (3) of this subsection | ||
(0.1), records that satisfy condition (1) of this subsection | ||
(0.1) shall be automatically expunged if the records relate to | ||
an offense that if committed by an adult would not be an | ||
offense classified as a Class 2 felony or higher, an offense |
under Article 11 of the Criminal Code of 1961 or Criminal Code | ||
of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||
12-15, or 12-16 of the Criminal Code of 1961. | ||
(c) If the juvenile law enforcement record was received | ||
through a public submission to a statewide student | ||
confidential reporting system administered by the Illinois | ||
State Police, the record will be maintained for a period of 5 | ||
years according to all other provisions in this subsection | ||
(0.1). | ||
(0.15) If a juvenile law enforcement record meets | ||
paragraph (a) of subsection (0.1) of this Section, a juvenile | ||
law enforcement record created: | ||
(1) prior to January 1, 2018, but on or after January | ||
1, 2013 shall be automatically expunged prior to January | ||
1, 2020; | ||
(2) prior to January 1, 2013, but on or after January | ||
1, 2000, shall be automatically expunged prior to January | ||
1, 2023; and | ||
(3) prior to January 1, 2000 shall not be subject to | ||
the automatic expungement provisions of this Act. | ||
Nothing in this subsection (0.15) shall be construed to | ||
restrict or modify an individual's right to have the person's | ||
juvenile law enforcement records expunged except as otherwise | ||
may be provided in this Act. | ||
(0.2)(a) Upon dismissal of a petition alleging delinquency | ||
or upon a finding of not delinquent, the successful |
termination of an order of supervision, or the successful | ||
termination of an adjudication for an offense which would be a | ||
Class B misdemeanor, Class C misdemeanor, or a petty or | ||
business offense if committed by an adult, the court shall | ||
automatically order the expungement of the juvenile court | ||
records and juvenile law enforcement records. The clerk shall | ||
deliver a certified copy of the expungement order to the | ||
Illinois State Police and the arresting agency. Upon request, | ||
the State's Attorney shall furnish the name of the arresting | ||
agency. The expungement shall be completed within 60 business | ||
days after the receipt of the expungement order. | ||
(b) If the chief law enforcement officer of the agency, or | ||
the chief law enforcement officer's designee, certifies in | ||
writing that certain information is needed for a pending | ||
investigation involving the commission of a felony, that | ||
information, and information identifying the juvenile, may be | ||
retained until the statute of limitations for the felony has | ||
run. If the chief law enforcement officer of the agency, or the | ||
chief law enforcement officer's designee, certifies in writing | ||
that certain information is needed with respect to an internal | ||
investigation of any law enforcement office, that information | ||
and information identifying the juvenile may be retained | ||
within an intelligence file until the investigation is | ||
terminated or the disciplinary action, including appeals, has | ||
been completed, whichever is later. Retention of a portion of | ||
a juvenile's law enforcement record does not disqualify the |
remainder of a juvenile's record from immediate automatic | ||
expungement. | ||
(0.3)(a) Upon an adjudication of delinquency based on any | ||
offense except a disqualified offense, the juvenile court | ||
shall automatically order the expungement of the juvenile | ||
court and law enforcement records 2 years after the juvenile's | ||
case was closed if no delinquency or criminal proceeding is | ||
pending and the person has had no subsequent delinquency | ||
adjudication or criminal conviction. The clerk shall deliver a | ||
certified copy of the expungement order to the Illinois State | ||
Police and the arresting agency. Upon request, the State's | ||
Attorney shall furnish the name of the arresting agency. The | ||
expungement shall be completed within 60 business days after | ||
the receipt of the expungement order. In this subsection | ||
(0.3), "disqualified offense" means any of the following | ||
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, | ||
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | ||
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | ||
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | ||
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | ||
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | ||
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | ||
subsection (b) of Section 8-1, paragraph (4) of subsection (a) | ||
of Section 11-14.4, subsection (a-5) of Section 12-3.1, | ||
paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | ||
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of | ||
paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||
(H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||
paragraph (1) of subsection (a) of Section 25-1, or subsection | ||
(a-7) of Section 31-1 of the Criminal Code of 2012. | ||
(b) If the chief law enforcement officer of the agency, or | ||
the chief law enforcement officer's designee, certifies in | ||
writing that certain information is needed for a pending | ||
investigation involving the commission of a felony, that | ||
information, and information identifying the juvenile, may be | ||
retained in an intelligence file until the investigation is | ||
terminated or for one additional year, whichever is sooner. | ||
Retention of a portion of a juvenile's juvenile law | ||
enforcement record does not disqualify the remainder of a | ||
juvenile's record from immediate automatic expungement. | ||
(0.4) Automatic expungement for the purposes of this | ||
Section shall not require law enforcement agencies to | ||
obliterate or otherwise destroy juvenile law enforcement | ||
records that would otherwise need to be automatically expunged | ||
under this Act, except after 2 years following the subject | ||
arrest for purposes of use in civil litigation against a | ||
governmental entity or its law enforcement agency or personnel | ||
which created, maintained, or used the records. However, these | ||
juvenile law enforcement records shall be considered expunged | ||
for all other purposes during this period and the offense, |
which the records or files concern, shall be treated as if it | ||
never occurred as required under Section 5-923. | ||
(0.5) Subsection (0.1) or (0.2) of this Section does not | ||
apply to violations of traffic, boating, fish and game laws, | ||
or county or municipal ordinances. | ||
(0.6) Juvenile law enforcement records of a plaintiff who | ||
has filed civil litigation against the governmental entity or | ||
its law enforcement agency or personnel that created, | ||
maintained, or used the records, or juvenile law enforcement | ||
records that contain information related to the allegations | ||
set forth in the civil litigation may not be expunged until | ||
after 2 years have elapsed after the conclusion of the | ||
lawsuit, including any appeal. | ||
(0.7) Officer-worn body camera recordings shall not be | ||
automatically expunged except as otherwise authorized by the | ||
Law Enforcement Officer-Worn Body Camera Act. | ||
(1) Whenever a person has been arrested, charged, or | ||
adjudicated delinquent for an incident occurring before a | ||
person's 18th birthday that if committed by an adult would be | ||
an offense, and that person's juvenile law enforcement and | ||
juvenile court records are not eligible for automatic | ||
expungement under subsection (0.1), (0.2), or (0.3), the | ||
person may petition the court at any time at no cost to the | ||
person for expungement of juvenile law enforcement records and | ||
juvenile court records relating to the incident and, upon | ||
termination of all juvenile court proceedings relating to that |
incident, the court shall order the expungement of all records | ||
in the possession of the Illinois State Police, the clerk of | ||
the circuit court, and law enforcement agencies relating to | ||
the incident, but only in any of the following circumstances: | ||
(a) the minor was arrested and no petition for | ||
delinquency was filed with the clerk of the circuit court; | ||
(a-5) the minor was charged with an offense and the | ||
petition or petitions were dismissed without a finding of | ||
delinquency; | ||
(b) the minor was charged with an offense and was | ||
found not delinquent of that offense; | ||
(c) the minor was placed under supervision under | ||
Section 5-615, and the order of supervision has since been | ||
successfully terminated; or | ||
(d) the minor was adjudicated for an offense which | ||
would be a Class B misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult. | ||
(1.5) At no cost to the person, the Illinois State Police | ||
shall allow a person to use the Access and Review process, | ||
established in the Illinois State Police, for verifying that | ||
the person's juvenile law enforcement records relating to | ||
incidents occurring before the person's 18th birthday eligible | ||
under this Act have been expunged. | ||
(1.6) (Blank). | ||
(1.7) (Blank). | ||
(1.8) (Blank). |
(2) Any person whose delinquency adjudications are not | ||
eligible for automatic expungement under subsection (0.3) of | ||
this Section may petition the court at no cost to the person to | ||
expunge all juvenile law enforcement records relating to any | ||
incidents occurring before the person's 18th birthday which | ||
did not result in proceedings in criminal court and all | ||
juvenile court records with respect to any adjudications | ||
except those based upon first degree murder or an offense | ||
under Article 11 of the Criminal Code of 2012 if the person is | ||
required to register under the Sex Offender Registration Act | ||
at the time the person petitions the court for expungement; | ||
provided that 2 years have elapsed since all juvenile court | ||
proceedings relating to the person have been terminated and | ||
the person's commitment to the Department of Juvenile Justice | ||
under this Act has been terminated. | ||
(2.5) If a minor is arrested and no petition for | ||
delinquency is filed with the clerk of the circuit court at the | ||
time the minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting | ||
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that the minor shall have an | ||
arrest record and shall provide the minor and the minor's | ||
parents or guardians with an expungement information packet, | ||
information regarding this State's expungement laws including | ||
a petition to expunge juvenile law enforcement and juvenile | ||
court records obtained from the clerk of the circuit court. |
(2.6) If a minor is referred to court, then, at the time of | ||
sentencing, dismissal of the case, or successful completion of | ||
supervision, the judge shall inform the delinquent minor of | ||
the minor's rights regarding expungement and the clerk of the | ||
circuit court shall provide an expungement information packet | ||
to the minor, written in plain language, including information | ||
regarding this State's expungement laws and a petition for | ||
expungement, a sample of a completed petition, expungement | ||
instructions that shall include information informing the | ||
minor that (i) once the case is expunged, it shall be treated | ||
as if it never occurred, (ii) the minor shall not be charged a | ||
fee to petition for expungement, (iii) once the minor obtains | ||
an expungement, the minor may not be required to disclose that | ||
the minor had a juvenile law enforcement or juvenile court | ||
record, and (iv) if petitioning the minor may file the | ||
petition on the minor's own or with the assistance of an | ||
attorney. The failure of the judge to inform the delinquent | ||
minor of the minor's right to petition for expungement as | ||
provided by law does not create a substantive right, nor is | ||
that failure grounds for: (i) a reversal of an adjudication of | ||
delinquency; (ii) a new trial; or (iii) an appeal. | ||
(2.7) (Blank). | ||
(2.8) (Blank). | ||
(3) (Blank). | ||
(3.1) (Blank). | ||
(3.2) (Blank). |
(3.3) (Blank). | ||
(4) (Blank). | ||
(5) (Blank). | ||
(5.5) Whether or not expunged, records eligible for | ||
automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||
(0.3)(a) may be treated as expunged by the individual subject | ||
to the records. | ||
(6) (Blank). | ||
(6.5) The Illinois State Police or any employee of the | ||
Illinois State Police shall be immune from civil or criminal | ||
liability for failure to expunge any records of arrest that | ||
are subject to expungement under this Section because of | ||
inability to verify a record. Nothing in this Section shall | ||
create Illinois State Police liability or responsibility for | ||
the expungement of juvenile law enforcement records it does | ||
not possess. | ||
(7) (Blank). | ||
(7.5) (Blank). | ||
(8) The expungement of juvenile law enforcement or | ||
juvenile court records under subsection (0.1), (0.2), or (0.3) | ||
of this Section shall be funded by appropriation by the | ||
General Assembly for that purpose. | ||
(9) (Blank). | ||
(10) (Blank). | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. |
6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.) | ||
(705 ILCS 405/6-7) (from Ch. 37, par. 806-7) | ||
Sec. 6-7. Financial responsibility of counties. | ||
(1) Each county board shall provide in its annual | ||
appropriation ordinance or annual budget, as the case may be, | ||
a reasonable sum for payments for the care and support of | ||
minors, and for payments for court appointed counsel in | ||
accordance with orders entered under this Act in an amount | ||
which in the judgment of the county board may be needed for | ||
that purpose. Such appropriation or budget item constitutes a | ||
separate fund into which shall be paid the moneys appropriated | ||
by the county board, and all reimbursements by other persons | ||
and by the State. For cases involving minors subject to | ||
Article III, IV, or V of this Act or minors under the age of 18 | ||
transferred to adult court or excluded from juvenile court | ||
jurisdiction under Article V of this Act, the county board | ||
shall not seek reimbursement from a minor or the minor's | ||
parent, guardian, or legal custodian. | ||
(2) No county may be charged with the care and support of | ||
any minor who is not a resident of the county unless the | ||
minor's parents or guardian are unknown or the minor's place | ||
of residence cannot be determined. | ||
(3) No order upon the county for care and support of a | ||
minor may be entered until the president or chairman of the | ||
county board has had due notice that such a proceeding is |
pending. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 8-30-23.) | ||
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9) | ||
Sec. 6-9. Enforcement of liability of parents and others. | ||
(1) If parentage is at issue in any proceeding under this | ||
Act, other than cases involving those exceptions to the | ||
definition of parent set out in item (11) in Section 1-3, then | ||
the Illinois Parentage Act of 2015 shall apply and the court | ||
shall enter orders consistent with that Act. If it appears at | ||
any hearing that a parent or any other person named in the | ||
petition, liable under the law for the support of the minor, is | ||
able to contribute to the minor's support, the court shall | ||
enter an order requiring that parent or other person to pay the | ||
clerk of the court, or to the guardian or custodian appointed | ||
under Section 2-27, a reasonable sum from time to time for the | ||
care, support, and necessary special care or treatment of the | ||
minor. If the court determines at any hearing that a parent or | ||
any other person named in the petition, liable under the law | ||
for the support of the minor, is able to contribute to help | ||
defray the costs associated with the minor's detention in a | ||
county or regional detention center, the court shall enter an | ||
order requiring that parent or other person to pay the clerk of | ||
the court a reasonable sum for the care and support of the | ||
minor. The court may require reasonable security for the |
payments. Upon failure to pay, the court may enforce obedience | ||
to the order by a proceeding as for contempt of court. | ||
Costs associated with detention, legal representation, or | ||
other services or programs under Article III, IV, or V of this | ||
Act shall not be ordered or imposed on a parent, guardian, or | ||
legal custodian liable under the law for the support of a | ||
minor. the minor's the parent or other person the person's | ||
(2) (Blank). the person the person the person's the person | ||
the person's the person the person's the person | ||
(3) If the minor is a recipient of public aid under the | ||
Illinois Public Aid Code, the court shall order that payments | ||
made by a parent or through assignment of the parent's wages, | ||
salary , or commission be made directly to (a) the Department | ||
of Healthcare and Family Services if the minor is a recipient | ||
of aid under Article V of the Code, (b) the Department of Human | ||
Services if the minor is a recipient of aid under Article IV of | ||
the Code, or (c) the local governmental unit responsible for | ||
the support of the minor if the minor is a recipient under | ||
Article Articles VI or VII of the Code. The order shall permit | ||
the Department of Healthcare and Family Services, the | ||
Department of Human Services, or the local governmental unit, | ||
as the case may be, to direct that subsequent payments be made | ||
directly to the guardian or custodian of the minor, or to some | ||
other person or agency in the minor's behalf, upon removal of | ||
the minor from the public aid rolls; and upon such direction | ||
and removal of the minor from the public aid rolls, the |
Department of Healthcare and Family Services, the Department | ||
of Human Services, or the local governmental unit, as the case | ||
requires, shall give written notice of such action to the | ||
court. Payments received by the Department of Healthcare and | ||
Family Services, the Department of Human Services, or the | ||
local governmental unit are to be covered, respectively, into | ||
the General Revenue Fund of the State Treasury or the General | ||
Assistance Fund of the governmental unit, as provided in | ||
Section 10-19 of the Illinois Public Aid Code. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; | ||
revised 9-15-23.) | ||
(705 ILCS 405/6-10) (from Ch. 37, par. 806-10) | ||
Sec. 6-10. State reimbursement of funds. | ||
(a) Before the 15th day of each month, the clerk of the | ||
court shall itemize all payments received by the clerk under | ||
Section 6-9 during the preceding month and shall pay such | ||
amounts to the county treasurer. Before the 20th day of each | ||
month, the county treasurer shall file with the Department of | ||
Children and Family Services an itemized statement of the | ||
amount of money for the care and shelter of a minor placed in | ||
shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed | ||
under Sections 2-27, 3-28, 4-25 , or 5-740 before July 1, 1980 | ||
and after June 30, 1981, paid by the county during the last | ||
preceding month pursuant to court order entered under Section | ||
6-8, certified by the court, and an itemized account of all |
payments received by the clerk of the court under Section 6-9 | ||
during the preceding month and paid over to the county | ||
treasurer, certified by the county treasurer. The Department | ||
of Children and Family Services shall examine and audit the | ||
monthly statement and account, and upon finding them correct, | ||
shall voucher for payment to the county a sum equal to the | ||
amount so paid out by the county less the amount received by | ||
the clerk of the court under Section 6-9 and paid to the county | ||
treasurer but not more than an amount equal to the current | ||
average daily rate paid by the Department of Children and | ||
Family Services for similar services pursuant to Section 5a of | ||
the Children and Family Services Act , approved June 4, 1963, | ||
as amended . Reimbursement to the counties under this Section | ||
for care and support of minors in licensed child caring | ||
institutions must be made by the Department of Children and | ||
Family Services only for care in those institutions which have | ||
filed with the Department a certificate affirming that they | ||
admit minors on the basis of need without regard to race or | ||
ethnic origin. | ||
(b) The county treasurer may file with the Department of | ||
Children and Family Services an itemized statement of the | ||
amount of money paid by the county during the last preceding | ||
month pursuant to court order entered under Section 6-8, | ||
certified by the court, and an itemized account of all | ||
payments received by the clerk of the court under Section 6-9 | ||
during the preceding month and paid over to the county |
treasurer, certified by the county treasurer. The Department | ||
of Children and Family Services shall examine and audit the | ||
monthly statement and account, and upon finding them correct, | ||
shall voucher for payment to the county a sum equal to the | ||
amount so paid out by the county less the amount received by | ||
the clerk of the court under Section 6-9 and paid to the county | ||
treasurer. Subject to appropriations for that purpose, the | ||
State shall reimburse the county for the care and shelter of a | ||
minor placed in detention as a result of any new provisions | ||
that are created by the Juvenile Justice Reform Provisions of | ||
1998 (Public Act 90-590). | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
Section 560. The Criminal Code of 2012 is amended by | ||
changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows: | ||
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||
Sec. 9-1. First degree murder. | ||
(a) A person who kills an individual without lawful | ||
justification commits first degree murder if, in performing | ||
the acts which cause the death: | ||
(1) he or she either intends to kill or do great bodily | ||
harm to that individual or another, or knows that such | ||
acts will cause death to that individual or another; or | ||
(2) he or she knows that such acts create a strong | ||
probability of death or great bodily harm to that |
individual or another; or | ||
(3) he or she, acting alone or with one or more | ||
participants, commits or attempts to commit a forcible | ||
felony other than second degree murder, and in the course | ||
of or in furtherance of such crime or flight therefrom, he | ||
or she or another participant causes the death of a | ||
person. | ||
(b) (Blank). | ||
(b-5) (Blank). | ||
(c) (Blank). | ||
(d) (Blank). | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) (Blank). . | ||
(h-5) (Blank). | ||
(i) (Blank). | ||
(j) (Blank). | ||
(k) (Blank). | ||
(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.) | ||
(720 ILCS 5/24-1.9) | ||
Sec. 24-1.9. Manufacture, possession, delivery, sale, and | ||
purchase of assault weapons, .50 caliber rifles, and .50 | ||
caliber cartridges. | ||
(a) Definitions. In this Section: |
(1) "Assault weapon" means any of the following, except as | ||
provided in subdivision (2) of this subsection: | ||
(A) A semiautomatic rifle that has the capacity to | ||
accept a detachable magazine or that may be readily | ||
modified to accept a detachable magazine, if the firearm | ||
has one or more of the following: | ||
(i) a pistol grip or thumbhole stock; | ||
(ii) any feature capable of functioning as a | ||
protruding grip that can be held by the non-trigger | ||
hand; | ||
(iii) a folding, telescoping, thumbhole, or | ||
detachable stock, or a stock that is otherwise | ||
foldable or adjustable in a manner that operates to | ||
reduce the length, size, or any other dimension, or | ||
otherwise enhances the concealability of, the weapon; | ||
(iv) a flash suppressor; | ||
(v) a grenade launcher; | ||
(vi) a shroud attached to the barrel or that | ||
partially or completely encircles the barrel, allowing | ||
the bearer to hold the firearm with the non-trigger | ||
hand without being burned, but excluding a slide that | ||
encloses the barrel. | ||
(B) A semiautomatic rifle that has a fixed magazine | ||
with the capacity to accept more than 10 rounds, except | ||
for an attached tubular device designed to accept, and | ||
capable of operating only with, .22 caliber rimfire |
ammunition. | ||
(C) A semiautomatic pistol that has the capacity to | ||
accept a detachable magazine or that may be readily | ||
modified to accept a detachable magazine, if the firearm | ||
has one or more of the following: | ||
(i) a threaded barrel; | ||
(ii) a second pistol grip or another feature | ||
capable of functioning as a protruding grip that can | ||
be held by the non-trigger hand; | ||
(iii) a shroud attached to the barrel or that | ||
partially or completely encircles the barrel, allowing | ||
the bearer to hold the firearm with the non-trigger | ||
hand without being burned, but excluding a slide that | ||
encloses the barrel; | ||
(iv) a flash suppressor; | ||
(v) the capacity to accept a detachable magazine | ||
at some location outside of the pistol grip; or | ||
(vi) a buffer tube, arm brace, or other part that | ||
protrudes horizontally behind the pistol grip and is | ||
designed or redesigned to allow or facilitate a | ||
firearm to be fired from the shoulder. | ||
(D) A semiautomatic pistol that has a fixed magazine | ||
with the capacity to accept more than 15 rounds. | ||
(E) Any shotgun with a revolving cylinder. | ||
(F) A semiautomatic shotgun that has one or more of | ||
the following: |
(i) a pistol grip or thumbhole stock; | ||
(ii) any feature capable of functioning as a | ||
protruding grip that can be held by the non-trigger | ||
hand; | ||
(iii) a folding or thumbhole stock; | ||
(iv) a grenade launcher; | ||
(v) a fixed magazine with the capacity of more | ||
than 5 rounds; or | ||
(vi) the capacity to accept a detachable magazine. | ||
(G) Any semiautomatic firearm that has the capacity to | ||
accept a belt ammunition feeding device. | ||
(H) Any firearm that has been modified to be operable | ||
as an assault weapon as defined in this Section. | ||
(I) Any part or combination of parts designed or | ||
intended to convert a firearm into an assault weapon, | ||
including any combination of parts from which an assault | ||
weapon may be readily assembled if those parts are in the | ||
possession or under the control of the same person. | ||
(J) All of the following rifles, copies, duplicates, | ||
variants, or altered facsimiles with the capability of any | ||
such weapon: | ||
(i) All AK types, including the following: | ||
(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, | ||
MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms | ||
AK-47, VEPR, WASR-10, and WUM. | ||
(II) IZHMASH Saiga AK. |
(III) MAADI AK47 and ARM. | ||
(IV) Norinco 56S, 56S2, 84S, and 86S. | ||
(V) Poly Technologies AK47 and AKS. | ||
(VI) SKS with a detachable magazine. | ||
(ii) all AR types, including the following: | ||
(I) AR-10. | ||
(II) AR-15. | ||
(III) Alexander Arms Overmatch Plus 16. | ||
(IV) Armalite M15 22LR Carbine. | ||
(V) Armalite M15-T. | ||
(VI) Barrett REC7. | ||
(VII) Beretta AR-70. | ||
(VIII) Black Rain Ordnance Recon Scout. | ||
(IX) Bushmaster ACR. | ||
(X) Bushmaster Carbon 15. | ||
(XI) Bushmaster MOE series. | ||
(XII) Bushmaster XM15. | ||
(XIII) Chiappa Firearms MFour rifles. | ||
(XIV) Colt Match Target rifles. | ||
(XV) CORE Rifle Systems CORE15 rifles. | ||
(XVI) Daniel Defense M4A1 rifles. | ||
(XVII) Devil Dog Arms 15 Series rifles. | ||
(XVIII) Diamondback DB15 rifles. | ||
(XIX) DoubleStar AR rifles. | ||
(XX) DPMS Tactical rifles. | ||
(XXI) DSA Inc. ZM-4 Carbine. |
(XXII) Heckler & Koch MR556. | ||
(XXIII) High Standard HSA-15 rifles. | ||
(XXIV) Jesse James Nomad AR-15 rifle. | ||
(XXV) Knight's Armament SR-15. | ||
(XXVI) Lancer L15 rifles. | ||
(XXVII) MGI Hydra Series rifles. | ||
(XXVIII) Mossberg MMR Tactical rifles. | ||
(XXIX) Noreen Firearms BN 36 rifle. | ||
(XXX) Olympic Arms. | ||
(XXXI) POF USA P415. | ||
(XXXII) Precision Firearms AR rifles. | ||
(XXXIII) Remington R-15 rifles. | ||
(XXXIV) Rhino Arms AR rifles. | ||
(XXXV) Rock River Arms LAR-15 or Rock River | ||
Arms LAR-47. | ||
(XXXVI) Sig Sauer SIG516 rifles and MCX | ||
rifles. | ||
(XXXVII) Smith & Wesson M&P15 rifles. | ||
(XXXVIII) Stag Arms AR rifles. | ||
(XXXIX) Sturm, Ruger & Co. SR556 and AR-556 | ||
rifles. | ||
(XL) Uselton Arms Air-Lite M-4 rifles. | ||
(XLI) Windham Weaponry AR rifles. | ||
(XLII) WMD Guns Big Beast. | ||
(XLIII) Yankee Hill Machine Company, Inc. | ||
YHM-15 rifles. |
(iii) Barrett M107A1. | ||
(iv) Barrett M82A1. | ||
(v) Beretta CX4 Storm. | ||
(vi) Calico Liberty Series. | ||
(vii) CETME Sporter. | ||
(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and | ||
AR 110C. | ||
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 | ||
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. | ||
(x) Feather Industries AT-9. | ||
(xi) Galil Model AR and Model ARM. | ||
(xii) Hi-Point Carbine. | ||
(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. | ||
(xiv) IWI TAVOR, Galil ACE rifle. | ||
(xv) Kel-Tec Sub-2000, SU-16, and RFB. | ||
(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig | ||
Sauer SG 551, and SIG MCX. | ||
(xvii) Springfield Armory SAR-48. | ||
(xviii) Steyr AUG. | ||
(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle | ||
M-14/20CF. | ||
(xx) All Thompson rifles, including the following: | ||
(I) Thompson M1SB. | ||
(II) Thompson T1100D. | ||
(III) Thompson T150D. | ||
(IV) Thompson T1B. |
(V) Thompson T1B100D. | ||
(VI) Thompson T1B50D. | ||
(VII) Thompson T1BSB. | ||
(VIII) Thompson T1-C. | ||
(IX) Thompson T1D. | ||
(X) Thompson T1SB. | ||
(XI) Thompson T5. | ||
(XII) Thompson T5100D. | ||
(XIII) Thompson TM1. | ||
(XIV) Thompson TM1C. | ||
(xxi) UMAREX UZI rifle. | ||
(xxii) UZI Mini Carbine, UZI Model A Carbine, and | ||
UZI Model B Carbine. | ||
(xxiii) Valmet M62S, M71S, and M78. | ||
(xxiv) Vector Arms UZI Type. | ||
(xxv) Weaver Arms Nighthawk. | ||
(xxvi) Wilkinson Arms Linda Carbine. | ||
(K) All of the following pistols, copies, duplicates, | ||
variants, or altered facsimiles with the capability of any | ||
such weapon thereof: | ||
(i) All AK types, including the following: | ||
(I) Centurion 39 AK pistol. | ||
(II) CZ Scorpion pistol. | ||
(III) Draco AK-47 pistol. | ||
(IV) HCR AK-47 pistol. | ||
(V) IO Inc. Hellpup AK-47 pistol. |
(VI) Krinkov pistol. | ||
(VII) Mini Draco AK-47 pistol. | ||
(VIII) PAP M92 pistol. | ||
(IX) Yugo Krebs Krink pistol. | ||
(ii) All AR types, including the following: | ||
(I) American Spirit AR-15 pistol. | ||
(II) Bushmaster Carbon 15 pistol. | ||
(III) Chiappa Firearms M4 Pistol GEN II. | ||
(IV) CORE Rifle Systems CORE15 Roscoe pistol. | ||
(V) Daniel Defense MK18 pistol. | ||
(VI) DoubleStar Corporation AR pistol. | ||
(VII) DPMS AR-15 pistol. | ||
(VIII) Jesse James Nomad AR-15 pistol. | ||
(IX) Olympic Arms AR-15 pistol. | ||
(X) Osprey Armament MK-18 pistol. | ||
(XI) POF USA AR pistols. | ||
(XII) Rock River Arms LAR 15 pistol. | ||
(XIII) Uselton Arms Air-Lite M-4 pistol. | ||
(iii) Calico pistols. | ||
(iv) DSA SA58 PKP FAL pistol. | ||
(v) Encom MP-9 and MP-45. | ||
(vi) Heckler & Koch model SP-89 pistol. | ||
(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and | ||
TEC-DC9. | ||
(viii) IWI Galil Ace pistol, UZI PRO pistol. | ||
(ix) Kel-Tec PLR 16 pistol. |
(x) All MAC types, including the following: | ||
(I) MAC-10. | ||
(II) MAC-11. | ||
(III) Masterpiece Arms MPA A930 Mini Pistol, | ||
MPA460 Pistol, MPA Tactical Pistol, and MPA Mini | ||
Tactical Pistol. | ||
(IV) Military Armament Corp. Ingram M-11. | ||
(V) Velocity Arms VMAC. | ||
(xi) Sig Sauer P556 pistol. | ||
(xii) Sites Spectre. | ||
(xiii) All Thompson types, including the | ||
following: | ||
(I) Thompson TA510D. | ||
(II) Thompson TA5. | ||
(xiv) All UZI types, including Micro-UZI. | ||
(L) All of the following shotguns, copies, duplicates, | ||
variants, or altered facsimiles with the capability of any | ||
such weapon thereof: | ||
(i) DERYA Anakon MC-1980, Anakon SD12. | ||
(ii) Doruk Lethal shotguns. | ||
(iii) Franchi LAW-12 and SPAS 12. | ||
(iv) All IZHMASH Saiga 12 types, including the | ||
following: | ||
(I) IZHMASH Saiga 12. | ||
(II) IZHMASH Saiga 12S. | ||
(III) IZHMASH Saiga 12S EXP-01. |
(IV) IZHMASH Saiga 12K. | ||
(V) IZHMASH Saiga 12K-030. | ||
(VI) IZHMASH Saiga 12K-040 Taktika. | ||
(v) Streetsweeper. | ||
(vi) Striker 12. | ||
(2) "Assault weapon" does not include: | ||
(A) Any firearm that is an unserviceable firearm or | ||
has been made permanently inoperable. | ||
(B) An antique firearm or a replica of an antique | ||
firearm. | ||
(C) A firearm that is manually operated by bolt, pump, | ||
lever or slide action, unless the firearm is a shotgun | ||
with a revolving cylinder. | ||
(D) Any air rifle as defined in Section 24.8-0.1 of | ||
this Code. | ||
(E) Any handgun, as defined under the Firearm | ||
Concealed Carry Act, unless otherwise listed in this | ||
Section. | ||
(3) "Assault weapon attachment" means any device capable | ||
of being attached to a firearm that is specifically designed | ||
for making or converting a firearm into any of the firearms | ||
listed in paragraph (1) of this subsection (a). | ||
(4) "Antique firearm" has the meaning ascribed to it in 18 | ||
U.S.C. 921(a)(16). | ||
(5) ".50 caliber rifle" means a centerfire rifle capable | ||
of firing a .50 caliber cartridge. The term does not include |
any antique firearm, any shotgun including a shotgun that has | ||
a rifle barrel, or any muzzle-loader which uses black powder | ||
for hunting or historical reenactments. | ||
(6) ".50 caliber cartridge" means a cartridge in .50 BMG | ||
caliber, either by designation or actual measurement, that is | ||
capable of being fired from a centerfire rifle. The term ".50 | ||
caliber cartridge" does not include any memorabilia or display | ||
item that is filled with a permanent inert substance or that is | ||
otherwise permanently altered in a manner that prevents ready | ||
modification for use as live ammunition or shotgun ammunition | ||
with a caliber measurement that is equal to or greater than .50 | ||
caliber. | ||
(7) "Detachable magazine" means an ammunition feeding | ||
device that may be removed from a firearm without disassembly | ||
of the firearm action, including an ammunition feeding device | ||
that may be readily removed from a firearm with the use of a | ||
bullet, cartridge, accessory, or other tool, or any other | ||
object that functions as a tool, including a bullet or | ||
cartridge. | ||
(8) "Fixed magazine" means an ammunition feeding device | ||
that is permanently attached to a firearm, or contained in and | ||
not removable from a firearm, or that is otherwise not a | ||
detachable magazine, but does not include an attached tubular | ||
device designed to accept, and capable of operating only with, | ||
.22 caliber rimfire ammunition. | ||
(b) Except as provided in subsections (c), (d), and (e), |
on or after January 10, 2023 ( the effective date of Public Act | ||
102-1116) this amendatory Act of the 102nd General Assembly , | ||
it is unlawful for any person within this State to knowingly | ||
manufacture, deliver, sell, import, or purchase or cause to be | ||
manufactured, delivered, sold, imported, or purchased by | ||
another, an assault weapon, assault weapon attachment, .50 | ||
caliber rifle, or .50 caliber cartridge. | ||
(c) Except as otherwise provided in subsection (d), | ||
beginning January 1, 2024, it is unlawful for any person | ||
within this State to knowingly possess an assault weapon, | ||
assault weapon attachment, .50 caliber rifle, or .50 caliber | ||
cartridge. | ||
(d) This Section does not apply to a person's possession | ||
of an assault weapon, assault weapon attachment, .50 caliber | ||
rifle, or .50 caliber cartridge device if the person lawfully | ||
possessed that assault weapon, assault weapon attachment, .50 | ||
caliber rifle, or .50 caliber cartridge prohibited by | ||
subsection (c) of this Section, if the person has provided in | ||
an endorsement affidavit, prior to January 1, 2024, under oath | ||
or affirmation and in the form and manner prescribed by the | ||
Illinois State Police, no later than October 1, 2023: | ||
(1) the affiant's Firearm Owner's Identification Card | ||
number; | ||
(2) an affirmation that the affiant: (i) possessed an | ||
assault weapon, assault weapon attachment, .50 caliber | ||
rifle, or .50 caliber cartridge before January 10, 2023 |
( the effective date of Public Act 102-1116) this | ||
amendatory Act of the 102nd General Assembly ; or (ii) | ||
inherited the assault weapon, assault weapon attachment, | ||
.50 caliber rifle, or .50 caliber cartridge from a person | ||
with an endorsement under this Section or from a person | ||
authorized under subdivisions (1) through (5) of | ||
subsection (e) to possess the assault weapon, assault | ||
weapon attachment, .50 caliber rifle, or .50 caliber | ||
cartridge; and | ||
(3) the make, model, caliber, and serial number of the | ||
.50 caliber rifle or assault weapon or assault weapons | ||
listed in paragraphs (J), (K), and (L) of subdivision (1) | ||
of subsection (a) of this Section possessed by the affiant | ||
prior to January 10, 2023 ( the effective date of Public | ||
Act 102-1116) this amendatory Act of the 102nd General | ||
Assembly and any assault weapons identified and published | ||
by the Illinois State Police pursuant to this subdivision | ||
(3). No later than October 1, 2023, and every October 1 | ||
thereafter, the Illinois State Police shall, via | ||
rulemaking, identify, publish, and make available on its | ||
website, the list of assault weapons subject to an | ||
endorsement affidavit under this subsection (d). The list | ||
shall identify, but is not limited to, the copies, | ||
duplicates, variants, and altered facsimiles of the | ||
assault weapons identified in paragraphs (J), (K), and (L) | ||
of subdivision (1) of subsection (a) of this Section and |
shall be consistent with the definition of "assault | ||
weapon" identified in this Section. The Illinois State | ||
Police may adopt emergency rulemaking in accordance with | ||
Section 5-45 of the Illinois Administrative Procedure Act. | ||
The adoption of emergency rules authorized by Section 5-45 | ||
of the Illinois Administrative Procedure Act and this | ||
paragraph is deemed to be necessary for the public | ||
interest, safety, and welfare. | ||
The affidavit form shall include the following statement | ||
printed in bold type: "Warning: Entering false information on | ||
this form is punishable as perjury under Section 32-2 of the | ||
Criminal Code of 2012. Entering false information on this form | ||
is a violation of the Firearm Owners Identification Card Act." | ||
In any administrative, civil, or criminal proceeding in | ||
this State, a completed endorsement affidavit submitted to the | ||
Illinois State Police by a person under this Section creates a | ||
rebuttable presumption that the person is entitled to possess | ||
and transport the assault weapon, assault weapon attachment, | ||
.50 caliber rifle, or .50 caliber cartridge. | ||
Beginning 90 days after January 10, 2023 ( the effective | ||
date of Public Act 102-1116) this amendatory Act of the 102nd | ||
General Assembly , a person authorized under this Section to | ||
possess an assault weapon, assault weapon attachment, .50 | ||
caliber rifle, or .50 caliber cartridge shall possess such | ||
items only: | ||
(1) on private property owned or immediately |
controlled by the person; | ||
(2) on private property that is not open to the public | ||
with the express permission of the person who owns or | ||
immediately controls such property; | ||
(3) while on the premises of a licensed firearms | ||
dealer or gunsmith for the purpose of lawful repair; | ||
(4) while engaged in the legal use of the assault | ||
weapon, assault weapon attachment, .50 caliber rifle, or | ||
.50 caliber cartridge at a properly licensed firing range | ||
or sport shooting competition venue; or | ||
(5) while traveling to or from these locations, | ||
provided that the assault weapon, assault weapon | ||
attachment, or .50 caliber rifle is unloaded and the | ||
assault weapon, assault weapon attachment, .50 caliber | ||
rifle, or .50 caliber cartridge is enclosed in a case, | ||
firearm carrying box, shipping box, or other container. | ||
Beginning on January 1, 2024, the person with the | ||
endorsement for an assault weapon, assault weapon attachment, | ||
.50 caliber rifle, or .50 caliber cartridge or a person | ||
authorized under subdivisions (1) through (5) of subsection | ||
(e) to possess an assault weapon, assault weapon attachment, | ||
.50 caliber rifle, or .50 caliber cartridge may transfer the | ||
assault weapon, assault weapon attachment, .50 caliber rifle, | ||
or .50 caliber cartridge only to an heir, an individual | ||
residing in another state maintaining it in another state, or | ||
a dealer licensed as a federal firearms dealer under Section |
923 of the federal Gun Control Act of 1968. Within 10 days | ||
after transfer of the weapon except to an heir, the person | ||
shall notify the Illinois State Police of the name and address | ||
of the transferee and comply with the requirements of | ||
subsection (b) of Section 3 of the Firearm Owners | ||
Identification Card Act. The person to whom the weapon or | ||
ammunition is transferred shall, within 60 days of the | ||
transfer, complete an affidavit required under this Section. A | ||
person to whom the weapon is transferred may transfer it only | ||
as provided in this subsection. | ||
Except as provided in subsection (e) and beginning on | ||
January 1, 2024, any person who moves into this State in | ||
possession of an assault weapon, assault weapon attachment, | ||
.50 caliber rifle, or .50 caliber cartridge shall, within 60 | ||
days, apply for a Firearm Owners Identification Card and | ||
complete an endorsement application as outlined in subsection | ||
(d). | ||
Notwithstanding any other law, information contained in | ||
the endorsement affidavit shall be confidential, is exempt | ||
from disclosure under the Freedom of Information Act, and | ||
shall not be disclosed, except to law enforcement agencies | ||
acting in the performance of their duties. | ||
(e) The provisions of this Section regarding the purchase | ||
or possession of assault weapons, assault weapon attachments, | ||
.50 caliber rifles, and .50 cartridges, as well as the | ||
provisions of this Section that prohibit causing those items |
to be purchased or possessed, do not apply to: | ||
(1) Peace officers, as defined in Section 2-13 of this | ||
Code. | ||
(2) Qualified law enforcement officers and qualified | ||
retired law enforcement officers as defined in the Law | ||
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||
and 926C) and as recognized under Illinois law. | ||
(3) Acquisition and possession by a federal, State, or | ||
local law enforcement agency for the purpose of equipping | ||
the agency's peace officers as defined in paragraph (1) or | ||
(2) of this subsection (e). | ||
(4) Wardens, superintendents, and keepers of prisons, | ||
penitentiaries, jails, and other institutions for the | ||
detention of persons accused or convicted of an offense. | ||
(5) Members of the Armed Services or Reserve Forces of | ||
the United States or the Illinois National Guard, while | ||
performing their official duties or while traveling to or | ||
from their places of duty. | ||
(6) Any company that employs armed security officers | ||
in this State at a nuclear energy, storage, weapons, or | ||
development site or facility regulated by the federal | ||
Nuclear Regulatory Commission and any person employed as | ||
an armed security force member at a nuclear energy, | ||
storage, weapons, or development site or facility | ||
regulated by the federal Nuclear Regulatory Commission who | ||
has completed the background screening and training |
mandated by the rules and regulations of the federal | ||
Nuclear Regulatory Commission and while performing | ||
official duties. | ||
(7) Any private security contractor agency licensed | ||
under the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||
that employs private security contractors and any private | ||
security contractor who is licensed and has been issued a | ||
firearm control card under the Private Detective, Private | ||
Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||
Act of 2004 while performing official duties. | ||
The provisions of this Section do not apply to the | ||
manufacture, delivery, sale, import, purchase, or possession | ||
of an assault weapon, assault weapon attachment, .50 caliber | ||
rifle, or .50 caliber cartridge or causing the manufacture, | ||
delivery, sale, importation, purchase, or possession of those | ||
items: | ||
(A) for sale or transfer to persons authorized under | ||
subdivisions (1) through (7) of this subsection (e) to | ||
possess those items; | ||
(B) for sale or transfer to the United States or any | ||
department or agency thereof; or | ||
(C) for sale or transfer in another state or for | ||
export. | ||
This Section does not apply to or affect any of the | ||
following: |
(i) Possession of any firearm if that firearm is | ||
sanctioned by the International Olympic Committee and by | ||
USA Shooting, the national governing body for | ||
international shooting competition in the United States, | ||
but only when the firearm is in the actual possession of an | ||
Olympic target shooting competitor or target shooting | ||
coach for the purpose of storage, transporting to and from | ||
Olympic target shooting practice or events if the firearm | ||
is broken down in a nonfunctioning state, is not | ||
immediately accessible, or is unloaded and enclosed in a | ||
firearm case, carrying box, shipping box, or other similar | ||
portable container designed for the safe transportation of | ||
firearms, and when the Olympic target shooting competitor | ||
or target shooting coach is engaging in those practices or | ||
events. For the purposes of this paragraph (8), "firearm" | ||
has the meaning provided in Section 1.1 of the Firearm | ||
Owners Identification Card Act. | ||
(ii) Any nonresident who transports, within 24 hours, | ||
a weapon for any lawful purpose from any place where the | ||
nonresident may lawfully possess and carry that weapon to | ||
any other place where the nonresident may lawfully possess | ||
and carry that weapon if, during the transportation, the | ||
weapon is unloaded, and neither the weapon nor any | ||
ammunition being transported is readily accessible or is | ||
directly accessible from the passenger compartment of the | ||
transporting vehicle. In the case of a vehicle without a |
compartment separate from the driver's compartment, the | ||
weapon or ammunition shall be contained in a locked | ||
container other than the glove compartment or console. | ||
(iii) Possession of a weapon at an event taking place | ||
at the World Shooting and Recreational Complex at Sparta, | ||
only while engaged in the legal use of the weapon, or while | ||
traveling to or from that location if the weapon is broken | ||
down in a nonfunctioning state, is not immediately | ||
accessible, or is unloaded and enclosed in a firearm case, | ||
carrying box, shipping box, or other similar portable | ||
container designed for the safe transportation of | ||
firearms. | ||
(iv) Possession of a weapon only for hunting use | ||
expressly permitted under the Wildlife Code, or while | ||
traveling to or from a location authorized for this | ||
hunting use under the Wildlife Code if the weapon is | ||
broken down in a nonfunctioning state, is not immediately | ||
accessible, or is unloaded and enclosed in a firearm case, | ||
carrying box, shipping box, or other similar portable | ||
container designed for the safe transportation of | ||
firearms. By October 1, 2023, the Illinois State Police, | ||
in consultation with the Department of Natural Resources, | ||
shall adopt rules concerning the list of applicable | ||
weapons approved under this subparagraph (iv). The | ||
Illinois State Police may adopt emergency rules in | ||
accordance with Section 5-45 of the Illinois |
Administrative Procedure Act. The adoption of emergency | ||
rules authorized by Section 5-45 of the Illinois | ||
Administrative Procedure Act and this paragraph is deemed | ||
to be necessary for the public interest, safety, and | ||
welfare. | ||
(v) The manufacture, transportation, possession, sale, | ||
or rental of blank-firing assault weapons and .50 caliber | ||
rifles, or the weapon's respective attachments, to persons | ||
authorized or permitted, or both authorized and permitted, | ||
to acquire and possess these weapons or attachments for | ||
the purpose of rental for use solely as props for a motion | ||
picture, television, or video production or entertainment | ||
event. | ||
Any person not subject to this Section may submit an | ||
endorsement affidavit if the person chooses. | ||
(f) Any sale or transfer with a background check initiated | ||
to the Illinois State Police on or before January 10, 2023 ( the | ||
effective date of Public Act 102-1116) this amendatory Act of | ||
the 102nd General Assembly is allowed to be completed after | ||
January 10, 2023 the effective date of this amendatory Act | ||
once an approval is issued by the Illinois State Police and any | ||
applicable waiting period under Section 24-3 has expired. | ||
(g) The Illinois State Police shall take all steps | ||
necessary to carry out the requirements of this Section within | ||
by October 1, 2023. | ||
(h) The Illinois Department of the State Police shall also |
develop and implement a public notice and public outreach | ||
campaign to promote awareness about the provisions of Public | ||
Act 102-1116 this amendatory Act of the 102nd General Assembly | ||
and to increase compliance with this Section. | ||
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.) | ||
(720 ILCS 5/24-1.10) | ||
Sec. 24-1.10. Manufacture, delivery, sale, and possession | ||
of large capacity ammunition feeding devices. | ||
(a) In this Section: | ||
"Handgun" has the meaning ascribed to it in the Firearm | ||
Concealed Carry Act. | ||
"Long gun" means a rifle or shotgun. | ||
"Large capacity ammunition feeding device" means: | ||
(1) a magazine, belt, drum, feed strip, or similar | ||
device that has a capacity of, or that can be readily | ||
restored or converted to accept, more than 10 rounds of | ||
ammunition for long guns and more than 15 rounds of | ||
ammunition for handguns; or | ||
(2) any combination of parts from which a device | ||
described in paragraph (1) can be assembled. | ||
"Large capacity ammunition feeding device" does not | ||
include an attached tubular device designed to accept, and | ||
capable of operating only with, .22 caliber rimfire | ||
ammunition. "Large capacity ammunition feeding device" does | ||
not include a tubular magazine that is contained in a |
lever-action firearm or any device that has been made | ||
permanently inoperable. | ||
(b) Except as provided in subsections (e) and (f), it is | ||
unlawful for any person within this State to knowingly | ||
manufacture, deliver, sell, purchase, or cause to be | ||
manufactured, delivered, sold, or purchased a large capacity | ||
ammunition feeding device. | ||
(c) Except as provided in subsections (d), (e), and (f), | ||
and beginning 90 days after January 10, 2023 ( the effective | ||
date of Public Act 102-1116) this amendatory Act of the 102nd | ||
General Assembly , it is unlawful to knowingly possess a large | ||
capacity ammunition feeding device. | ||
(d) Subsection (c) does not apply to a person's possession | ||
of a large capacity ammunition feeding device if the person | ||
lawfully possessed that large capacity ammunition feeding | ||
device before January 10, 2023 ( the effective date of Public | ||
Act 102-1116) this amendatory Act of the 102nd General | ||
Assembly , provided that the person shall possess such device | ||
only: | ||
(1) on private property owned or immediately | ||
controlled by the person; | ||
(2) on private property that is not open to the public | ||
with the express permission of the person who owns or | ||
immediately controls such property; | ||
(3) while on the premises of a licensed firearms | ||
dealer or gunsmith for the purpose of lawful repair; |
(4) while engaged in the legal use of the large | ||
capacity ammunition feeding device at a properly licensed | ||
firing range or sport shooting competition venue; or | ||
(5) while traveling to or from these locations, | ||
provided that the large capacity ammunition feeding device | ||
is stored unloaded and enclosed in a case, firearm | ||
carrying box, shipping box, or other container. | ||
A person authorized under this Section to possess a large | ||
capacity ammunition feeding device may transfer the large | ||
capacity ammunition feeding device only to an heir, an | ||
individual residing in another state maintaining it in another | ||
state, or a dealer licensed as a federal firearms dealer under | ||
Section 923 of the federal Gun Control Act of 1968. Within 10 | ||
days after transfer of the large capacity ammunition feeding | ||
device except to an heir, the person shall notify the Illinois | ||
State Police of the name and address of the transferee and | ||
comply with the requirements of subsection (b) of Section 3 of | ||
the Firearm Owners Identification Card Act. The person to whom | ||
the large capacity ammunition feeding device is transferred | ||
shall, within 60 days of the transfer, notify the Illinois | ||
State Police of the person's acquisition and comply with the | ||
requirements of subsection (b) of Section 3 of the Firearm | ||
Owners Identification Card Act. A person to whom the large | ||
capacity ammunition feeding device is transferred may transfer | ||
it only as provided in this subsection. | ||
Except as provided in subsections (e) and (f) and |
beginning 90 days after January 10, 2023 ( the effective date | ||
of Public Act 102-1116) this amendatory Act of the 102nd | ||
General Assembly , any person who moves into this State in | ||
possession of a large capacity ammunition feeding device | ||
shall, within 60 days, apply for a Firearm Owners | ||
Identification Card. | ||
(e) The provisions of this Section regarding the purchase | ||
or possession of large capacity ammunition feeding devices, as | ||
well as the provisions of this Section that prohibit causing | ||
those items to be purchased or possessed, do not apply to: | ||
(1) Peace officers as defined in Section 2-13 of this | ||
Code. | ||
(2) Qualified law enforcement officers and qualified | ||
retired law enforcement officers as defined in the Law | ||
Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||
and 926C) and as recognized under Illinois law. | ||
(3) A federal, State, or local law enforcement agency | ||
for the purpose of equipping the agency's peace officers | ||
as defined in paragraph (1) or (2) of this subsection (e). | ||
(4) Wardens, superintendents, and keepers of prisons, | ||
penitentiaries, jails, and other institutions for the | ||
detention of persons accused or convicted of an offense. | ||
(5) Members of the Armed Services or Reserve Forces of | ||
the United States or the Illinois National Guard, while | ||
performing their official duties or while traveling to or | ||
from their places of duty. |
(6) Any company that employs armed security officers | ||
in this State at a nuclear energy, storage, weapons, or | ||
development site or facility regulated by the federal | ||
Nuclear Regulatory Commission and any person employed as | ||
an armed security force member at a nuclear energy, | ||
storage, weapons, or development site or facility | ||
regulated by the federal Nuclear Regulatory Commission who | ||
has completed the background screening and training | ||
mandated by the rules and regulations of the federal | ||
Nuclear Regulatory Commission and while performing | ||
official duties. | ||
(7) Any private security contractor agency licensed | ||
under the Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||
that employs private security contractors and any private | ||
security contractor who is licensed and has been issued a | ||
firearm control card under the Private Detective, Private | ||
Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||
Act of 2004 while performing official duties. | ||
(f) This Section does not apply to or affect any of the | ||
following: | ||
(1) Manufacture, delivery, sale, importation, | ||
purchase, or possession or causing to be manufactured, | ||
delivered, sold, imported, purchased, or possessed a large | ||
capacity ammunition feeding device: | ||
(A) for sale or transfer to persons authorized |
under subdivisions (1) through (7) of subsection (e) | ||
to possess those items; | ||
(B) for sale or transfer to the United States or | ||
any department or agency thereof; or | ||
(C) for sale or transfer in another state or for | ||
export. | ||
(2) Sale or rental of large capacity ammunition | ||
feeding devices for blank-firing assault weapons and .50 | ||
caliber rifles, to persons authorized or permitted, or | ||
both authorized and permitted, to acquire these devices | ||
for the purpose of rental for use solely as props for a | ||
motion picture, television, or video production or | ||
entertainment event. | ||
(g) Sentence. A person who knowingly manufactures, | ||
delivers, sells, purchases, possesses, or causes to be | ||
manufactured, delivered, sold, possessed, or purchased in | ||
violation of this Section a large capacity ammunition feeding | ||
device capable of holding more than 10 rounds of ammunition | ||
for long guns or more than 15 rounds of ammunition for handguns | ||
commits a petty offense with a fine of $1,000 for each | ||
violation. | ||
(h) The Illinois Department of the State Police shall also | ||
develop and implement a public notice and public outreach | ||
campaign to promote awareness about the provisions of Public | ||
Act 102-1116 this amendatory Act of the 102nd General Assembly | ||
and to increase compliance with this Section. |
(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.) | ||
(720 ILCS 5/24-5.1) | ||
Sec. 24-5.1. Serialization of unfinished frames or | ||
receivers; prohibition on unserialized firearms; exceptions; | ||
penalties. | ||
(a) In this Section: | ||
"Bona fide supplier" means an established business entity | ||
engaged in the development and sale of firearms parts to one or | ||
more federal firearms manufacturers or federal firearms | ||
importers. | ||
"Federal firearms dealer" means a licensed manufacturer | ||
pursuant to 18 U.S.C. 921(a)(11). | ||
"Federal firearms importer" means a licensed importer | ||
pursuant to 18 U.S.C. 921(a)(9). | ||
"Federal firearms manufacturer" means a licensed | ||
manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||
"Frame or receiver" means a part of a firearm that, when | ||
the complete weapon is assembled, is visible from the exterior | ||
and provides housing or a structure designed to hold or | ||
integrate one or more fire control components, even if pins or | ||
other attachments are required to connect those components to | ||
the housing or structure. For models of firearms in which | ||
multiple parts provide such housing or structure, the part or | ||
parts that the Director of the federal Bureau of Alcohol, | ||
Tobacco, Firearms and Explosives has determined are a frame or |
receiver constitute the frame or receiver. For purposes of | ||
this definition, "fire control component" means a component | ||
necessary for the firearm to initiate, complete, or continue | ||
the firing sequence, including any of the following: hammer, | ||
bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||
firing pin, striker, or slide rails. | ||
"Security exemplar" means an object to be fabricated at | ||
the direction of the United States Attorney General that is | ||
(1) constructed of 3.7 ounces of material type 17-4 PH | ||
stainless steel in a shape resembling a handgun and (2) | ||
suitable for testing and calibrating metal detectors. | ||
"Three-dimensional printer" means a computer or | ||
computer-drive machine capable of producing a | ||
three-dimensional object from a digital model. | ||
"Undetectable firearm" means (1) a firearm constructed | ||
entirely of non-metal substances; (2) a firearm that, after | ||
removal of all parts but the major components of the firearm, | ||
is not detectable by walk-through metal detectors calibrated | ||
and operated to detect the security exemplar; or (3) a firearm | ||
that includes a major component of a firearm, which, if | ||
subject to the types of detection devices commonly used at | ||
airports for security screening, would not generate an image | ||
that accurately depicts the shape of the component. | ||
"Undetectable firearm" does not include a firearm subject to | ||
the provisions of 18 U.S.C. 922(p)(3) through (6). | ||
"Unfinished frame or receiver" means any forging, casting, |
printing, extrusion, machined body, or similar article that: | ||
(1) has reached a stage in manufacture where it may | ||
readily be completed, assembled, or converted to be a | ||
functional firearm; or | ||
(2) is marketed or sold to the public to become or be | ||
used as the frame or receiver of a functional firearm once | ||
completed, assembled, or converted. | ||
"Unserialized" means lacking a serial number imprinted by: | ||
(1) a federal firearms manufacturer, federal firearms | ||
importer, federal firearms dealer, or other federal | ||
licensee authorized to provide marking services, pursuant | ||
to a requirement under federal law; or | ||
(2) a federal firearms dealer or other federal | ||
licensee authorized to provide marking services pursuant | ||
to subsection (f) of this Section. | ||
(b) It is unlawful for any person to knowingly sell, offer | ||
to sell, or transfer an unserialized unfinished frame or | ||
receiver or unserialized firearm, including those produced | ||
using a three-dimensional printer, unless the party purchasing | ||
or receiving the unfinished frame or receiver or unserialized | ||
firearm is a federal firearms importer, federal firearms | ||
manufacturer, or federal firearms dealer. | ||
(c) Beginning 180 days after May 18, 2022 ( the effective | ||
date of Public Act 102-889) this amendatory Act of the 102nd | ||
General Assembly , it is unlawful for any person to knowingly | ||
possess, transport, or receive an unfinished frame or |
receiver, unless: | ||
(1) the party possessing or receiving the unfinished | ||
frame or receiver is a federal firearms importer or | ||
federal firearms manufacturer; | ||
(2) the unfinished frame or receiver is possessed or | ||
transported by a person for transfer to a federal firearms | ||
importer or federal firearms manufacturer; or | ||
(3) the unfinished frame or receiver has been | ||
imprinted with a serial number issued by a federal | ||
firearms importer or federal firearms manufacturer in | ||
compliance with subsection (f) of this Section. | ||
(d) Beginning 180 days after May 18, 2022 ( the effective | ||
date of Public Act 102-889) this amendatory Act of the 102nd | ||
General Assembly , unless the party receiving the firearm is a | ||
federal firearms importer or federal firearms manufacturer, it | ||
is unlawful for any person to knowingly possess, purchase, | ||
transport, or receive a firearm that is not imprinted with a | ||
serial number by (1) a federal firearms importer or federal | ||
firearms manufacturer in compliance with all federal laws and | ||
regulations regulating the manufacture and import of firearms | ||
or (2) a federal firearms manufacturer, federal firearms | ||
dealer, or other federal licensee authorized to provide | ||
marking services in compliance with the unserialized firearm | ||
serialization process under subsection (f) of this Section. | ||
(e) Any firearm or unfinished frame or receiver | ||
manufactured using a three-dimensional printer must also be |
serialized in accordance with the requirements of subsection | ||
(f) within 30 days after May 18, 2022 ( the effective date of | ||
Public Act 102-889) this amendatory Act of the 102nd General | ||
Assembly , or prior to reaching a stage of manufacture where it | ||
may be readily completed, assembled, or converted to be a | ||
functional firearm. | ||
(f) Unserialized unfinished frames or receivers and | ||
unserialized firearms serialized pursuant to this Section | ||
shall be serialized in compliance with all of the following: | ||
(1) An unserialized unfinished frame or receiver and | ||
unserialized firearm shall be serialized by a federally | ||
licensed firearms dealer or other federal licensee | ||
authorized to provide marking services with the licensee's | ||
abbreviated federal firearms license number as a prefix | ||
(which is the first 3 and last 5 digits) followed by a | ||
hyphen, and then followed by a number as a suffix, such as | ||
12345678-(number). The serial number or numbers must be | ||
placed in a manner that accords with the requirements | ||
under federal law for affixing serial numbers to firearms, | ||
including the requirements that the serial number or | ||
numbers be at the minimum size and depth, and not | ||
susceptible to being readily obliterated, altered, or | ||
removed, and the licensee must retain records that accord | ||
with the requirements under federal law in the case of the | ||
sale of a firearm. The imprinting of any serial number | ||
upon an a undetectable firearm must be done on a steel |
plaque in compliance with 18 U.S.C. 922(p). | ||
(2) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or | ||
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall maintain a | ||
record of such indefinitely. Licensees subject to the | ||
Firearm Dealer License Certification Act shall make all | ||
records accessible for inspection upon the request of the | ||
Illinois State Police or a law enforcement agency in | ||
accordance with Section 5-35 of the Firearm Dealer License | ||
Certification Act. | ||
(3) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or | ||
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall record it at | ||
the time of every transaction involving the transfer of a | ||
firearm, rifle, shotgun, finished frame or receiver, or | ||
unfinished frame or receiver that has been so marked in | ||
compliance with the federal guidelines set forth in 27 CFR | ||
478.124. | ||
(4) Every federally licensed firearms dealer or other | ||
federal licensee that engraves, casts, stamps, or | ||
otherwise conspicuously and permanently places a unique | ||
serial number pursuant to this Section shall review and | ||
confirm the validity of the owner's Firearm Owner's | ||
Identification Card issued under the Firearm Owners |
Identification Card Act prior to returning the firearm to | ||
the owner. | ||
(g) Within 30 days after May 18, 2022 ( the effective date | ||
of Public Act 102-889) this amendatory Act of the 102nd | ||
General Assembly , the Director of the Illinois State Police | ||
shall issue a public notice regarding the provisions of this | ||
Section. The notice shall include posting on the Illinois | ||
State Police website and may include written notification or | ||
any other means of communication statewide to all | ||
Illinois-based federal firearms manufacturers, federal | ||
firearms dealers, or other federal licensees authorized to | ||
provide marking services in compliance with the serialization | ||
process in subsection (f) in order to educate the public. | ||
(h) Exceptions. This Section does not apply to an | ||
unserialized unfinished frame or receiver or an unserialized | ||
firearm that: | ||
(1) has been rendered permanently inoperable; | ||
(2) is an antique firearm, as defined in 18 U.S.C. | ||
921(a)(16); | ||
(3) was manufactured prior to October 22, 1968; | ||
(4) is an unfinished frame or receiver and is | ||
possessed by a bona fide supplier exclusively for transfer | ||
to a federal firearms manufacturer or federal firearms | ||
importer, or is possessed by a federal firearms | ||
manufacturer or federal firearms importer in compliance | ||
with all federal laws and regulations regulating the |
manufacture and import of firearms; except this exemption | ||
does not apply if an unfinished frame or receiver is | ||
possessed for transfer or is transferred to a person other | ||
than a federal firearms manufacturer or federal firearms | ||
importer; or | ||
(5) is possessed by a person who received the | ||
unserialized unfinished frame or receiver or unserialized | ||
firearm through inheritance, and is not otherwise | ||
prohibited from possessing the unserialized unfinished | ||
frame or receiver or unserialized firearm, for a period | ||
not exceeding 30 days after inheriting the unserialized | ||
unfinished frame or receiver or unserialized firearm. | ||
(i) Penalties. | ||
(1) A person who violates subsection (c) or (d) is | ||
guilty of a Class A misdemeanor for a first violation and | ||
is guilty of a Class 3 felony for a second or subsequent | ||
violation. | ||
(2) A person who violates subsection (b) is guilty of | ||
a Class 4 felony for a first violation and is guilty of a | ||
Class 2 felony for a second or subsequent violation. | ||
(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.) | ||
Section 565. The Unified Code of Corrections is amended by | ||
changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20, | ||
3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55, | ||
3-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4, |
and 5-9-1.9 as follows: | ||
(730 ILCS 5/3-2-13) | ||
Sec. 3-2-13. Possession of a Firearm Owner's | ||
Identification Card. The Department of Corrections shall not | ||
make possession of a Firearm Owner's Identification Card a | ||
condition of continued employment as a Department employee | ||
authorized to possess firearms if the employee's Firearm | ||
Owner's Identification Card is revoked or seized because the | ||
employee has been a patient of a mental health facility and the | ||
employee has not been determined to pose a clear and present | ||
danger to himself, herself, or others as determined by a | ||
physician, clinical psychologist, or qualified examiner. | ||
Nothing in is this Section shall otherwise impair the | ||
Department's ability to determine an employee's fitness for | ||
duty. A collective bargaining agreement already in effect on | ||
this issue on January 1, 2022 ( the effective date of Public Act | ||
102-645) this amendatory Act of the 102nd General Assembly | ||
cannot be modified, but on or after January 1, 2022 ( the | ||
effective date of Public Act 102-645) this amendatory Act of | ||
the 102nd General Assembly , the Department cannot require a | ||
Firearm Owner's Identification Card as a condition of | ||
continued employment in a collective bargaining agreement. The | ||
Department shall document if and why an employee has been | ||
determined to pose a clear and present danger. In this | ||
Section, "mental health facility" and "qualified examiner" |
have the meanings provided in the Mental Health and | ||
Developmental Disabilities Code. | ||
(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.) | ||
(730 ILCS 5/3-2.7-5) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-5. Purpose. The purpose of this Article is to | ||
create within the Department of Juvenile Justice the Office of | ||
Independent Juvenile Ombudsperson for the purpose of securing | ||
the rights of youth committed to the Department of Juvenile | ||
Justice, including youth released on aftercare before final | ||
discharge. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-5. Purpose. The purpose of this Article is to | ||
create within the Department of Juvenile Justice the Office of | ||
Independent Juvenile Ombudsperson for the purpose of securing | ||
the rights of youth committed to the Department of Juvenile | ||
Justice and county-operated juvenile detention centers, | ||
including youth released on aftercare before final discharge. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-10) | ||
(Text of Section before amendment by P.A. 103-397 ) |
Sec. 3-2.7-10. Definitions. In this Article, unless the | ||
context requires otherwise: | ||
"Department" means the Department of Juvenile Justice. | ||
"Immediate family or household member" means the spouse, | ||
child, parent, brother, sister, grandparent, or grandchild, | ||
whether of the whole blood or half blood or by adoption, or a | ||
person who shares a common dwelling. | ||
"Juvenile justice system" means all activities by public | ||
or private agencies or persons pertaining to youth involved in | ||
or having contact with the police, courts, or corrections. | ||
"Office" means the Office of the Independent Juvenile | ||
Ombudsperson. | ||
"Ombudsperson" means the Department of Juvenile Justice | ||
Independent Juvenile Ombudsperson. | ||
"Youth" means any person committed by court order to the | ||
custody of the Department of Juvenile Justice, including youth | ||
released on aftercare before final discharge. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-10. Definitions. In this Article, unless the | ||
context requires otherwise: | ||
"County-operated juvenile detention center" means any | ||
shelter care home or detention home as "shelter" and | ||
"detention" are defined in Section 1.1 of the County Shelter | ||
Care and Detention Home Act and any other facility that |
detains youth in the juvenile justice system that is | ||
specifically designated to detain or incarcerate youth. | ||
"County-operated juvenile detention center" does not include | ||
police or other temporary law enforcement holding locations. | ||
"Department" means the Department of Juvenile Justice. | ||
"Immediate family or household member" means the spouse, | ||
child, parent, brother, sister, grandparent, or grandchild, | ||
whether of the whole blood or half blood or by adoption, or a | ||
person who shares a common dwelling. | ||
"Juvenile justice system" means all activities by public | ||
or private agencies or persons pertaining to youth involved in | ||
or having contact with the police, courts, or corrections. | ||
"Office" means the Office of the Independent Juvenile | ||
Ombudsperson. | ||
"Ombudsperson" means the Department of Juvenile Justice | ||
Independent Juvenile Ombudsperson. | ||
"Youth" means any person committed by court order to the | ||
custody of the Department of Juvenile Justice or a | ||
county-operated juvenile detention center, including youth | ||
released on aftercare before final discharge. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-20) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-20. Conflicts of interest. A person may not |
serve as Ombudsperson or as a deputy if the person or the | ||
person's immediate family or household member: | ||
(1) is or has been employed by the Department of | ||
Juvenile Justice or Department of Corrections within one | ||
year prior to appointment, other than as Ombudsperson or | ||
Deputy Ombudsperson; | ||
(2) participates in the management of a business | ||
entity or other organization receiving funds from the | ||
Department of Juvenile Justice; | ||
(3) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization | ||
receiving funds from the Department of Juvenile Justice; | ||
(4) uses or receives any amount of tangible goods, | ||
services, or funds from the Department of Juvenile | ||
Justice, other than as Ombudsperson or Deputy | ||
Ombudsperson; or | ||
(5) is required to register as a lobbyist for an | ||
organization that interacts with the juvenile justice | ||
system. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-20. Conflicts of interest. A person may not | ||
serve as Ombudsperson or as a deputy if the person or the | ||
person's immediate family or household member: | ||
(1) is or has been employed by the Department of |
Juvenile Justice, Department of Corrections, or a | ||
county-operated juvenile detention center within one year | ||
prior to appointment, other than as Ombudsperson or Deputy | ||
Ombudsperson; | ||
(2) participates in the management of a business | ||
entity or other organization receiving funds from the | ||
Department of Juvenile Justice or a county-operated | ||
juvenile detention center; | ||
(3) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization | ||
receiving funds from the Department of Juvenile Justice or | ||
a county-operated juvenile detention center; | ||
(4) uses or receives any amount of tangible goods, | ||
services, or funds from the Department of Juvenile Justice | ||
or a county-operated juvenile detention center, other than | ||
as Ombudsperson or Deputy Ombudsperson; or | ||
(5) is required to register as a lobbyist for an | ||
organization that interacts with the juvenile justice | ||
system. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-25) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-25. Duties and powers. | ||
(a) The Independent Juvenile Ombudsperson shall function |
independently within the Department of Juvenile Justice with | ||
respect to the operations of the Office in performance of the | ||
Ombudsperson's duties under this Article and shall report to | ||
the Governor. The Ombudsperson shall adopt rules and standards | ||
as may be necessary or desirable to carry out the | ||
Ombudsperson's duties. Funding for the Office shall be | ||
designated separately within Department funds. The Department | ||
shall provide necessary administrative services and facilities | ||
to the Office of the Independent Juvenile Ombudsperson. | ||
(b) The Office of Independent Juvenile Ombudsperson shall | ||
have the following duties: | ||
(1) review and monitor the implementation of the rules | ||
and standards established by the Department of Juvenile | ||
Justice and evaluate the delivery of services to youth to | ||
ensure that the rights of youth are fully observed; | ||
(2) provide assistance to a youth or family whom the | ||
Ombudsperson determines is in need of assistance, | ||
including advocating with an agency, provider, or other | ||
person in the best interests of the youth; | ||
(3) investigate and attempt to resolve complaints made | ||
by or on behalf of youth, other than complaints alleging | ||
criminal behavior or violations of the State Officials and | ||
Employees Ethics Act, if the Office determines that the | ||
investigation and resolution would further the purpose of | ||
the Office, and: | ||
(A) a youth committed to the Department of |
Juvenile Justice or the youth's family is in need of | ||
assistance from the Office; or | ||
(B) a systemic issue in the Department of Juvenile | ||
Justice's provision of services is raised by a | ||
complaint; | ||
(4) review or inspect periodically the facilities and | ||
procedures of any facility in which a youth has been | ||
placed by the Department of Juvenile Justice to ensure | ||
that the rights of youth are fully observed; and | ||
(5) be accessible to and meet confidentially and | ||
regularly with youth committed to the Department and serve | ||
as a resource by informing them of pertinent laws, rules, | ||
and policies, and their rights thereunder. | ||
(c) The following cases shall be reported immediately to | ||
the Director of Juvenile Justice and the Governor: | ||
(1) cases of severe abuse or injury of a youth; | ||
(2) serious misconduct, misfeasance, malfeasance, or | ||
serious violations of policies and procedures concerning | ||
the administration of a Department of Juvenile Justice | ||
program or operation; | ||
(3) serious problems concerning the delivery of | ||
services in a facility operated by or under contract with | ||
the Department of Juvenile Justice; | ||
(4) interference by the Department of Juvenile Justice | ||
with an investigation conducted by the Office; and | ||
(5) other cases as deemed necessary by the |
Ombudsperson. | ||
(d) Notwithstanding any other provision of law, the | ||
Ombudsperson may not investigate alleged criminal behavior or | ||
violations of the State Officials and Employees Ethics Act. If | ||
the Ombudsperson determines that a possible criminal act has | ||
been committed, or that special expertise is required in the | ||
investigation, the Ombudsperson shall immediately notify the | ||
Illinois State Police. If the Ombudsperson determines that a | ||
possible violation of the State Officials and Employees Ethics | ||
Act has occurred, the Ombudsperson shall immediately refer the | ||
incident to the Office of the Governor's Executive Inspector | ||
General for investigation. If the Ombudsperson receives a | ||
complaint from a youth or third party regarding suspected | ||
abuse or neglect of a child, the Ombudsperson shall refer the | ||
incident to the Child Abuse and Neglect Hotline or to the | ||
Illinois State Police as mandated by the Abused and Neglected | ||
Child Reporting Act. Any investigation conducted by the | ||
Ombudsperson shall not be duplicative and shall be separate | ||
from any investigation mandated by the Abused and Neglected | ||
Child Reporting Act. All investigations conducted by the | ||
Ombudsperson shall be conducted in a manner designed to ensure | ||
the preservation of evidence for possible use in a criminal | ||
prosecution. | ||
(e) In performance of the Ombudsperson's duties, the | ||
Ombudsperson may: | ||
(1) review court files of youth; |
(2) recommend policies, rules, and legislation | ||
designed to protect youth; | ||
(3) make appropriate referrals under any of the duties | ||
and powers listed in this Section; | ||
(4) attend internal administrative and disciplinary | ||
hearings to ensure the rights of youth are fully observed | ||
and advocate for the best interest of youth when deemed | ||
necessary; and | ||
(5) perform other acts, otherwise permitted or | ||
required by law, in furtherance of the purpose of the | ||
Office. | ||
(f) To assess if a youth's rights have been violated, the | ||
Ombudsperson may, in any matter that does not involve alleged | ||
criminal behavior, contact or consult with an administrator, | ||
employee, youth, parent, expert, or any other individual in | ||
the course of the Ombudsperson's investigation or to secure | ||
information as necessary to fulfill the Ombudsperson's duties. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-25. Duties and powers. | ||
(a) The Independent Juvenile Ombudsperson shall function | ||
independently within the Department of Juvenile Justice and | ||
county-operated juvenile detention centers with respect to the | ||
operations of the Office in performance of the Ombudsperson's | ||
duties under this Article and shall report to the Governor and |
to local authorities as provided in Section 3-2.7-50. The | ||
Ombudsperson shall adopt rules and standards as may be | ||
necessary or desirable to carry out the Ombudsperson's duties. | ||
Funding for the Office shall be designated separately within | ||
Department funds and shall include funds for operations at | ||
county-operated juvenile detention centers. The Department | ||
shall provide necessary administrative services and facilities | ||
to the Office of the Independent Juvenile Ombudsperson. | ||
County-operated juvenile detention centers shall provide | ||
necessary administrative services and space, upon request, | ||
inside the facility to the Office of the Independent Juvenile | ||
Ombudsperson Ombudsman to meet confidentially with youth and | ||
otherwise in performance of the Ombudsperson's his or her | ||
duties under this Article. | ||
(b) The Office of Independent Juvenile Ombudsperson shall | ||
have the following duties: | ||
(1) review and monitor the implementation of the rules | ||
and standards established by the Department of Juvenile | ||
Justice and county-operated juvenile detention centers and | ||
evaluate the delivery of services to youth to ensure that | ||
the rights of youth are fully observed; | ||
(2) provide assistance to a youth or family whom the | ||
Ombudsperson determines is in need of assistance, | ||
including advocating with an agency, provider, or other | ||
person in the best interests of the youth; | ||
(3) investigate and attempt to resolve complaints made |
by or on behalf of youth, other than complaints alleging | ||
criminal behavior or violations of the State Officials and | ||
Employees Ethics Act, if the Office determines that the | ||
investigation and resolution would further the purpose of | ||
the Office, and: | ||
(A) a youth committed to the Department of | ||
Juvenile Justice or a county-operated juvenile | ||
detention center or the youth's family is in need of | ||
assistance from the Office; or | ||
(B) a systemic issue in the Department of Juvenile | ||
Justice's or county-operated juvenile detention | ||
center's provision of services is raised by a | ||
complaint; | ||
(4) review or inspect periodically the facilities and | ||
procedures of any county-operated juvenile detention | ||
center or any facility in which a youth has been placed by | ||
the Department of Juvenile Justice to ensure that the | ||
rights of youth are fully observed; and | ||
(5) be accessible to and meet confidentially and | ||
regularly with youth committed to the Department or a | ||
county-operated juvenile detention center and serve as a | ||
resource by informing them of pertinent laws, rules, and | ||
policies, and their rights thereunder. | ||
(c) The following cases shall be reported immediately to | ||
the Director of Juvenile Justice and the Governor, and for | ||
cases that arise in county-operated juvenile detention |
centers, to the chief judge of the applicable judicial circuit | ||
and the Director of the Administrative Office of the Illinois | ||
Courts: | ||
(1) cases of severe abuse or injury of a youth; | ||
(2) serious misconduct, misfeasance, malfeasance, or | ||
serious violations of policies and procedures concerning | ||
the administration of a Department of Juvenile Justice or | ||
county-operated juvenile detention center program or | ||
operation; | ||
(3) serious problems concerning the delivery of | ||
services in a county-operated juvenile detention center or | ||
a facility operated by or under contract with the | ||
Department of Juvenile Justice; | ||
(4) interference by the Department of Juvenile Justice | ||
or county-operated juvenile detention center with an | ||
investigation conducted by the Office; and | ||
(5) other cases as deemed necessary by the | ||
Ombudsperson. | ||
(d) Notwithstanding any other provision of law, the | ||
Ombudsperson may not investigate alleged criminal behavior or | ||
violations of the State Officials and Employees Ethics Act. If | ||
the Ombudsperson determines that a possible criminal act has | ||
been committed, or that special expertise is required in the | ||
investigation, the Ombudsperson shall immediately notify the | ||
Illinois State Police. If the Ombudsperson determines that a | ||
possible violation of the State Officials and Employees Ethics |
Act has occurred, the Ombudsperson shall immediately refer the | ||
incident to the Office of the Governor's Executive Inspector | ||
General for investigation. If the Ombudsperson receives a | ||
complaint from a youth or third party regarding suspected | ||
abuse or neglect of a child, the Ombudsperson shall refer the | ||
incident to the Child Abuse and Neglect Hotline or to the | ||
Illinois State Police as mandated by the Abused and Neglected | ||
Child Reporting Act. Any investigation conducted by the | ||
Ombudsperson shall not be duplicative and shall be separate | ||
from any investigation mandated by the Abused and Neglected | ||
Child Reporting Act. All investigations conducted by the | ||
Ombudsperson shall be conducted in a manner designed to ensure | ||
the preservation of evidence for possible use in a criminal | ||
prosecution. | ||
(e) In performance of the Ombudsperson's duties, the | ||
Ombudsperson may: | ||
(1) review court files of youth; | ||
(2) recommend policies, rules, and legislation | ||
designed to protect youth; | ||
(3) make appropriate referrals under any of the duties | ||
and powers listed in this Section; | ||
(4) attend internal administrative and disciplinary | ||
hearings to ensure the rights of youth are fully observed | ||
and advocate for the best interest of youth when deemed | ||
necessary; and | ||
(5) perform other acts, otherwise permitted or |
required by law, in furtherance of the purpose of the | ||
Office. | ||
(f) To assess if a youth's rights have been violated, the | ||
Ombudsperson may, in any matter that does not involve alleged | ||
criminal behavior, contact or consult with an administrator, | ||
employee, youth, parent, expert, or any other individual in | ||
the course of the Ombudsperson's investigation or to secure | ||
information as necessary to fulfill the Ombudsperson's duties. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||
103-397, eff. 1-1-25; revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-30) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-30. Duties of the Department of Juvenile | ||
Justice. | ||
(a) The Department of Juvenile Justice shall allow any | ||
youth to communicate with the Ombudsperson or a deputy at any | ||
time. The communication: | ||
(1) may be in person, by phone, by mail, or by any | ||
other means deemed appropriate in light of security | ||
concerns; and | ||
(2) is confidential and privileged. | ||
(b) The Department shall allow the Ombudsperson and | ||
deputies full and unannounced access to youth and Department | ||
facilities at any time. The Department shall furnish the | ||
Ombudsperson and deputies with appropriate meeting space in |
each facility in order to preserve confidentiality. | ||
(c) The Department shall allow the Ombudsperson and | ||
deputies to participate in professional development | ||
opportunities provided by the Department of Juvenile Justice | ||
as practical and to attend appropriate professional training | ||
when requested by the Ombudsperson. | ||
(d) The Department shall provide the Ombudsperson copies | ||
of critical incident reports involving a youth residing in a | ||
facility operated by the Department. Critical incidents | ||
include, but are not limited to, severe injuries that result | ||
in hospitalization, suicide attempts that require medical | ||
intervention, sexual abuse, and escapes. | ||
(e) The Department shall provide the Ombudsperson with | ||
reasonable advance notice of all internal administrative and | ||
disciplinary hearings regarding a youth residing in a facility | ||
operated by the Department. | ||
(f) The Department of Juvenile Justice may not discharge, | ||
demote, discipline, or in any manner discriminate or retaliate | ||
against a youth or an employee who in good faith makes a | ||
complaint to the Office of the Independent Juvenile | ||
Ombudsperson or cooperates with the Office. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-30. Duties of the Department of Juvenile | ||
Justice or county-operated juvenile detention center. |
(a) The Department of Juvenile Justice and every | ||
county-operated juvenile detention center shall allow any | ||
youth to communicate with the Ombudsperson or a deputy at any | ||
time. The communication: | ||
(1) may be in person, by phone, by mail, or by any | ||
other means deemed appropriate in light of security | ||
concerns; and | ||
(2) is confidential and privileged. | ||
(b) The Department and county-operated juvenile detention | ||
centers shall allow the Ombudsperson and deputies full and | ||
unannounced access to youth and Department facilities and | ||
county-operated juvenile detention centers at any time. The | ||
Department and county-operated juvenile detention centers | ||
shall furnish the Ombudsperson and deputies with appropriate | ||
meeting space in each facility in order to preserve | ||
confidentiality. | ||
(c) The Department and county-operated juvenile detention | ||
centers shall allow the Ombudsperson and deputies to | ||
participate in professional development opportunities provided | ||
by the Department of Juvenile Justice and county-operated | ||
juvenile detention centers as practical and to attend | ||
appropriate professional training when requested by the | ||
Ombudsperson. | ||
(d) The Department and county-operated juvenile detention | ||
centers shall provide the Ombudsperson copies of critical | ||
incident reports involving a youth residing in a facility |
operated by the Department or a county-operated juvenile | ||
detention center. Critical incidents include, but are not | ||
limited to, severe injuries that result in hospitalization, | ||
suicide attempts that require medical intervention, sexual | ||
abuse, and escapes. | ||
(e) The Department and county-operated juvenile detention | ||
centers shall provide the Ombudsperson with reasonable advance | ||
notice of all internal administrative and disciplinary | ||
hearings regarding a youth residing in a facility operated by | ||
the Department or a county-operated juvenile detention center. | ||
(f) The Department of Juvenile Justice and county-operated | ||
juvenile detention centers may not discharge, demote, | ||
discipline, or in any manner discriminate or retaliate against | ||
a youth or an employee who in good faith makes a complaint to | ||
the Office of the Independent Juvenile Ombudsperson or | ||
cooperates with the Office. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-35) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-35. Reports. The Independent Juvenile | ||
Ombudsperson shall provide to the General Assembly and the | ||
Governor, no later than January 1 of each year, a summary of | ||
activities done in furtherance of the purpose of the Office | ||
for the prior fiscal year. The summaries shall contain data |
both aggregated and disaggregated by individual facility and | ||
describe: | ||
(1) the work of the Ombudsperson; | ||
(2) the status of any review or investigation | ||
undertaken by the Ombudsperson, but may not contain any | ||
confidential or identifying information concerning the | ||
subjects of the reports and investigations; and | ||
(3) any recommendations that the Independent Juvenile | ||
Ombudsperson has relating to a systemic issue in the | ||
Department of Juvenile Justice's provision of services and | ||
any other matters for consideration by the General | ||
Assembly and the Governor. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-35. Reports. The Independent Juvenile | ||
Ombudsperson shall provide to the General Assembly and the | ||
Governor, no later than January 1 of each year, a summary of | ||
activities done in furtherance of the purpose of the Office | ||
for the prior fiscal year. The summaries shall contain data | ||
both aggregated and disaggregated by individual facility and | ||
describe: | ||
(1) the work of the Ombudsperson; | ||
(2) the status of any review or investigation | ||
undertaken by the Ombudsperson, but may not contain any | ||
confidential or identifying information concerning the |
subjects of the reports and investigations; and | ||
(3) any recommendations that the Independent Juvenile | ||
Ombudsperson has relating to a systemic issue in the | ||
Department of Juvenile Justice's or a county-operated | ||
juvenile detention center's provision of services and any | ||
other matters for consideration by the General Assembly | ||
and the Governor. | ||
With respect to county-operated juvenile detention | ||
centers, the Ombudsperson Ombudsman shall provide data | ||
responsive to paragraphs (1) through (3) to the chief judge of | ||
the applicable judicial circuit and to the Director of the | ||
Administrative Office of the Illinois Courts, and shall make | ||
the data publicly available. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-14-23.) | ||
(730 ILCS 5/3-2.7-40) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-40. Complaints. The Office of Independent | ||
Juvenile Ombudsperson shall promptly and efficiently act on | ||
complaints made by or on behalf of youth filed with the Office | ||
that relate to the operations or staff of the Department of | ||
Juvenile Justice. The Office shall maintain information about | ||
parties to the complaint, the subject matter of the complaint, | ||
a summary of the results of the review or investigation of the | ||
complaint, including any resolution of or recommendations made |
as a result of the complaint. The Office shall make | ||
information available describing its procedures for complaint | ||
investigation and resolution. When applicable, the Office | ||
shall notify the complaining youth that an investigation and | ||
resolution may result in or will require disclosure of the | ||
complaining youth's identity. The Office shall periodically | ||
notify the complaint parties of the status of the complaint | ||
until final disposition. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-40. Complaints. The Office of Independent | ||
Juvenile Ombudsperson shall promptly and efficiently act on | ||
complaints made by or on behalf of youth filed with the Office | ||
that relate to the operations or staff of the Department of | ||
Juvenile Justice or a county-operated juvenile detention | ||
center. The Office shall maintain information about parties to | ||
the complaint, the subject matter of the complaint, a summary | ||
of the results of the review or investigation of the | ||
complaint, including any resolution of or recommendations made | ||
as a result of the complaint. The Office shall make | ||
information available describing its procedures for complaint | ||
investigation and resolution. When applicable, the Office | ||
shall notify the complaining youth that an investigation and | ||
resolution may result in or will require disclosure of the | ||
complaining youth's identity. The Office shall periodically |
notify the complaint parties of the status of the complaint | ||
until final disposition. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-18-23.) | ||
(730 ILCS 5/3-2.7-50) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-50. Promotion and awareness of Office. The | ||
Independent Juvenile Ombudsperson shall promote awareness | ||
among the public and youth of: | ||
(1) the rights of youth committed to the Department; | ||
(2) the purpose of the Office; | ||
(3) how the Office may be contacted; | ||
(4) the confidential nature of communications; and | ||
(5) the services the Office provides. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-50. Promotion and awareness of Office. The | ||
Independent Juvenile Ombudsperson shall promote awareness | ||
among the public and youth of: | ||
(1) the rights of youth committed to the Department | ||
and county-operated juvenile detention centers; | ||
(2) the purpose of the Office; | ||
(3) how the Office may be contacted; | ||
(4) the confidential nature of communications; and |
(5) the services the Office provides. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-18-23.) | ||
(730 ILCS 5/3-2.7-55) | ||
(Text of Section before amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-55. Access to information of governmental | ||
entities. The Department of Juvenile Justice shall provide the | ||
Independent Juvenile Ombudsperson unrestricted access to all | ||
master record files of youth under Section 3-5-1 of this Code. | ||
Access to educational, social, psychological, mental health, | ||
substance abuse, and medical records shall not be disclosed | ||
except as provided in Section 5-910 of the Juvenile Court Act | ||
of 1987, the Mental Health and Developmental Disabilities | ||
Confidentiality Act, the School Code, and any applicable | ||
federal laws that govern access to those records. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(Text of Section after amendment by P.A. 103-397 ) | ||
Sec. 3-2.7-55. Access to information of governmental | ||
entities. The Department of Juvenile Justice and | ||
county-operated juvenile detention centers shall provide the | ||
Independent Juvenile Ombudsperson unrestricted access to all | ||
master record files of youth under Section 3-5-1 of this Code | ||
or any other files of youth in the custody of county-operated | ||
juvenile detention centers, or both. Access to educational, |
social, psychological, mental health, substance abuse, and | ||
medical records shall not be disclosed except as provided in | ||
Section 5-910 of the Juvenile Court Act of 1987, the Mental | ||
Health and Developmental Disabilities Confidentiality Act, the | ||
School Code, and any applicable federal laws that govern | ||
access to those records. | ||
(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; | ||
revised 9-15-23.) | ||
(730 ILCS 5/3-5-1) | ||
Sec. 3-5-1. Master record file. | ||
(a) The Department of Corrections and the Department of | ||
Juvenile Justice shall maintain a master record file on each | ||
person committed to it, which shall contain the following | ||
information: | ||
(1) all information from the committing court; | ||
(1.5) ethnic and racial background data collected in | ||
accordance with Section 4.5 of the Criminal Identification | ||
Act and Section 2-5 of the No Representation Without | ||
Population Act; | ||
(1.6) the committed person's last known complete | ||
street address prior to incarceration or legal residence | ||
collected in accordance with Section 2-5 of the No | ||
Representation Without Population Act; | ||
(2) reception summary; | ||
(3) evaluation and assignment reports and |
recommendations; | ||
(4) reports as to program assignment and progress; | ||
(5) reports of disciplinary infractions and | ||
disposition, including tickets and Administrative Review | ||
Board action; | ||
(6) any parole or aftercare release plan; | ||
(7) any parole or aftercare release reports; | ||
(8) the date and circumstances of final discharge; | ||
(9) criminal history; | ||
(10) current and past gang affiliations and ranks; | ||
(11) information regarding associations and family | ||
relationships; | ||
(12) any grievances filed and responses to those | ||
grievances; | ||
(13) other information that the respective Department | ||
determines is relevant to the secure confinement and | ||
rehabilitation of the committed person; | ||
(14) the last known address provided by the person | ||
committed; and | ||
(15) all medical and dental records. | ||
(b) All files shall be confidential and access shall be | ||
limited to authorized personnel of the respective Department | ||
or by disclosure in accordance with a court order or subpoena. | ||
Personnel of other correctional, welfare or law enforcement | ||
agencies may have access to files under rules and regulations | ||
of the respective Department. The respective Department shall |
keep a record of all outside personnel who have access to | ||
files, the files reviewed, any file material copied, and the | ||
purpose of access. If the respective Department or the | ||
Prisoner Review Board makes a determination under this Code | ||
which affects the length of the period of confinement or | ||
commitment, the committed person and his counsel shall be | ||
advised of factual information relied upon by the respective | ||
Department or Board to make the determination, provided that | ||
the Department or Board shall not be required to advise a | ||
person committed to the Department of Juvenile Justice any | ||
such information which in the opinion of the Department of | ||
Juvenile Justice or Board would be detrimental to his | ||
treatment or rehabilitation. | ||
(c) The master file shall be maintained at a place | ||
convenient to its use by personnel of the respective | ||
Department in charge of the person. When custody of a person is | ||
transferred from the Department to another department or | ||
agency, a summary of the file shall be forwarded to the | ||
receiving agency with such other information required by law | ||
or requested by the agency under rules and regulations of the | ||
respective Department. | ||
(d) The master file of a person no longer in the custody of | ||
the respective Department shall be placed on inactive status | ||
and its use shall be restricted subject to rules and | ||
regulations of the Department. | ||
(e) All public agencies may make available to the |
respective Department on request any factual data not | ||
otherwise privileged as a matter of law in their possession in | ||
respect to individuals committed to the respective Department. | ||
(f) A committed person may request a summary of the | ||
committed person's master record file once per year and the | ||
committed person's attorney may request one summary of the | ||
committed person's master record file once per year. The | ||
Department shall create a form for requesting this summary, | ||
and shall make that form available to committed persons and to | ||
the public on its website. Upon receipt of the request form, | ||
the Department shall provide the summary within 15 days. The | ||
summary must contain, unless otherwise prohibited by law: | ||
(1) the person's name, ethnic, racial, last known | ||
street address prior to incarceration or legal residence, | ||
and other identifying information; | ||
(2) all digitally available information from the | ||
committing court; | ||
(3) all information in the Offender 360 system on the | ||
person's criminal history; | ||
(4) the person's complete assignment history in the | ||
Department of Corrections; | ||
(5) the person's disciplinary card; | ||
(6) additional records about up to 3 specific | ||
disciplinary incidents as identified by the requester; | ||
(7) any available records about up to 5 specific | ||
grievances filed by the person, as identified by the |
requester; and | ||
(8) the records of all grievances filed on or after | ||
January 1, 2023. | ||
Notwithstanding any provision of this subsection (f) to | ||
the contrary, a committed person's master record file is not | ||
subject to disclosure and copying under the Freedom of | ||
Information Act. | ||
(g) Subject to appropriation, on or before July 1, 2025, | ||
the Department of Corrections shall digitalize all newly | ||
committed persons' master record files who become incarcerated | ||
and all other new information that the Department maintains | ||
concerning its correctional institutions, facilities, and | ||
individuals incarcerated. | ||
(h) Subject to appropriation, on or before July 1, 2027, | ||
the Department of Corrections shall digitalize all medical and | ||
dental records in the master record files and all other | ||
information that the Department maintains concerning its | ||
correctional institutions and facilities in relation to | ||
medical records, dental records, and medical and dental needs | ||
of committed persons. | ||
(i) Subject to appropriation, on or before July 1, 2029, | ||
the Department of Corrections shall digitalize all information | ||
in the master record files and all other information that the | ||
Department maintains concerning its correctional institutions | ||
and facilities. | ||
(j) The Department of Corrections shall adopt rules to |
implement subsections (g), (h), and (i) if appropriations are | ||
available to implement these provisions. | ||
(k) Subject to appropriation, the Department of | ||
Corrections, in consultation with the Department of Innovation | ||
and Technology, shall conduct a study on the best way to | ||
digitize all Department of Corrections records and the impact | ||
of that digitizing on State agencies, including the impact on | ||
the Department of Innovation and Technology. The study shall | ||
be completed on or before January 1, 2024. | ||
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | ||
103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff. | ||
6-30-23; revised 12-15-23.) | ||
(730 ILCS 5/3-6-3) | ||
Sec. 3-6-3. Rules and regulations for sentence credit. | ||
(a)(1) The Department of Corrections shall prescribe rules | ||
and regulations for awarding and revoking sentence credit for | ||
persons committed to the Department of Corrections and the | ||
Department of Juvenile Justice shall prescribe rules and | ||
regulations for awarding and revoking sentence credit for | ||
persons committed to the Department of Juvenile Justice under | ||
Section 5-8-6 of the Unified Code of Corrections, which shall | ||
be subject to review by the Prisoner Review Board. | ||
(1.5) As otherwise provided by law, sentence credit may be | ||
awarded for the following: | ||
(A) successful completion of programming while in |
custody of the Department of Corrections or the Department | ||
of Juvenile Justice or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of the | ||
Department; or | ||
(C) service to the institution, service to a | ||
community, or service to the State. | ||
(2) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide, with respect to offenses listed in clause (i), | ||
(ii), or (iii) of this paragraph (2) committed on or after June | ||
19, 1998 or with respect to the offense listed in clause (iv) | ||
of this paragraph (2) committed on or after June 23, 2005 (the | ||
effective date of Public Act 94-71) or with respect to offense | ||
listed in clause (vi) committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or with respect to the | ||
offense of being an armed habitual criminal committed on or | ||
after August 2, 2005 (the effective date of Public Act 94-398) | ||
or with respect to the offenses listed in clause (v) of this | ||
paragraph (2) committed on or after August 13, 2007 (the | ||
effective date of Public Act 95-134) or with respect to the | ||
offense of aggravated domestic battery committed on or after | ||
July 23, 2010 (the effective date of Public Act 96-1224) or | ||
with respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date of | ||
Public Act 97-990), the following: |
(i) that a prisoner who is serving a term of | ||
imprisonment for first degree murder or for the offense of | ||
terrorism shall receive no sentence credit and shall serve | ||
the entire sentence imposed by the court; | ||
(ii) that a prisoner serving a sentence for attempt to | ||
commit terrorism, attempt to commit first degree murder, | ||
solicitation of murder, solicitation of murder for hire, | ||
intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated | ||
kidnapping, aggravated battery with a firearm as described | ||
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||
or (e)(4) of Section 12-3.05, heinous battery as described | ||
in Section 12-4.1 or subdivision (a)(2) of Section | ||
12-3.05, being an armed habitual criminal, aggravated | ||
battery of a senior citizen as described in Section 12-4.6 | ||
or subdivision (a)(4) of Section 12-3.05, or aggravated | ||
battery of a child as described in Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05 shall receive no | ||
more than 4.5 days of sentence credit for each month of his | ||
or her sentence of imprisonment; | ||
(iii) that a prisoner serving a sentence for home | ||
invasion, armed robbery, aggravated vehicular hijacking, | ||
aggravated discharge of a firearm, or armed violence with | ||
a category I weapon or category II weapon, when the court | ||
has made and entered a finding, pursuant to subsection |
(c-1) of Section 5-4-1 of this Code, that the conduct | ||
leading to conviction for the enumerated offense resulted | ||
in great bodily harm to a victim, shall receive no more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment; | ||
(iv) that a prisoner serving a sentence for aggravated | ||
discharge of a firearm, whether or not the conduct leading | ||
to conviction for the offense resulted in great bodily | ||
harm to the victim, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment; | ||
(v) that a person serving a sentence for gunrunning, | ||
narcotics racketeering, controlled substance trafficking, | ||
methamphetamine trafficking, drug-induced homicide, | ||
aggravated methamphetamine-related child endangerment, | ||
money laundering pursuant to clause (c) (4) or (5) of | ||
Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class X felony conviction for delivery | ||
of a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, | ||
aggravated participation in methamphetamine | ||
manufacturing, delivery of methamphetamine, possession | ||
with intent to deliver methamphetamine, aggravated |
delivery of methamphetamine, aggravated possession with | ||
intent to deliver methamphetamine, methamphetamine | ||
conspiracy when the substance containing the controlled | ||
substance or methamphetamine is 100 grams or more shall | ||
receive no more than 7.5 days sentence credit for each | ||
month of his or her sentence of imprisonment; | ||
(vi) that a prisoner serving a sentence for a second | ||
or subsequent offense of luring a minor shall receive no | ||
more than 4.5 days of sentence credit for each month of his | ||
or her sentence of imprisonment; and | ||
(vii) that a prisoner serving a sentence for | ||
aggravated domestic battery shall receive no more than 4.5 | ||
days of sentence credit for each month of his or her | ||
sentence of imprisonment. | ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) committed on or after August 13, 2007 | ||
(the effective date of Public Act 95-134) or subdivision | ||
(a)(2)(vi) committed on or after June 1, 2008 (the effective | ||
date of Public Act 95-625) or subdivision (a)(2)(vii) | ||
committed on or after July 23, 2010 (the effective date of | ||
Public Act 96-1224), and other than the offense of aggravated | ||
driving under the influence of alcohol, other drug or drugs, | ||
or intoxicating compound or compounds, or any combination |
thereof as defined in subparagraph (F) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||
and other than the offense of aggravated driving under the | ||
influence of alcohol, other drug or drugs, or intoxicating | ||
compound or compounds, or any combination thereof as defined | ||
in subparagraph (C) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230), the rules and regulations shall provide that a | ||
prisoner who is serving a term of imprisonment shall receive | ||
one day of sentence credit for each day of his or her sentence | ||
of imprisonment or recommitment under Section 3-3-9. Each day | ||
of sentence credit shall reduce by one day the prisoner's | ||
period of imprisonment or recommitment under Section 3-3-9. | ||
(2.2) A prisoner serving a term of natural life | ||
imprisonment shall receive no sentence credit. | ||
(2.3) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds, or any | ||
combination thereof as defined in subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the | ||
Illinois Vehicle Code, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. |
(2.4) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide with respect to the offenses of aggravated | ||
battery with a machine gun or a firearm equipped with any | ||
device or attachment designed or used for silencing the report | ||
of a firearm or aggravated discharge of a machine gun or a | ||
firearm equipped with any device or attachment designed or | ||
used for silencing the report of a firearm, committed on or | ||
after July 15, 1999 (the effective date of Public Act 91-121), | ||
that a prisoner serving a sentence for any of these offenses | ||
shall receive no more than 4.5 days of sentence credit for each | ||
month of his or her sentence of imprisonment. | ||
(2.5) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated arson committed on or after July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more | ||
than 4.5 days of sentence credit for each month of his or her | ||
sentence of imprisonment. | ||
(2.6) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds or any | ||
combination thereof as defined in subparagraph (C) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the |
Illinois Vehicle Code committed on or after January 1, 2011 | ||
(the effective date of Public Act 96-1230) shall receive no | ||
more than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment. | ||
(3) In addition to the sentence credits earned under | ||
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that the Director of Corrections or the Director of Juvenile | ||
Justice may award up to 180 days of earned sentence credit for | ||
prisoners serving a sentence of incarceration of less than 5 | ||
years, and up to 365 days of earned sentence credit for | ||
prisoners serving a sentence of 5 years or longer. The | ||
Director may grant this credit for good conduct in specific | ||
instances as either Director deems proper for eligible persons | ||
in the custody of each Director's respective Department. The | ||
good conduct may include, but is not limited to, compliance | ||
with the rules and regulations of the Department, service to | ||
the Department, service to a community, or service to the | ||
State. | ||
Eligible inmates for an award of earned sentence credit | ||
under this paragraph (3) may be selected to receive the credit | ||
at either Director's or his or her designee's sole discretion. | ||
Eligibility for the additional earned sentence credit under | ||
this paragraph (3) may be based on, but is not limited to, | ||
participation in programming offered by the Department as | ||
appropriate for the prisoner based on the results of any |
available risk/needs assessment or other relevant assessments | ||
or evaluations administered by the Department using a | ||
validated instrument, the circumstances of the crime, | ||
demonstrated commitment to rehabilitation by a prisoner with a | ||
history of conviction for a forcible felony enumerated in | ||
Section 2-8 of the Criminal Code of 2012, the inmate's | ||
behavior and improvements in disciplinary history while | ||
incarcerated, and the inmate's commitment to rehabilitation, | ||
including participation in programming offered by the | ||
Department. | ||
The Director of Corrections or the Director of Juvenile | ||
Justice shall not award sentence credit under this paragraph | ||
(3) to an inmate unless the inmate has served a minimum of 60 | ||
days of the sentence, including time served in a county jail; | ||
except nothing in this paragraph shall be construed to permit | ||
either Director to extend an inmate's sentence beyond that | ||
which was imposed by the court. Prior to awarding credit under | ||
this paragraph (3), each Director shall make a written | ||
determination that the inmate: | ||
(A) is eligible for the earned sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 | ||
days as the sentence will allow; | ||
(B-1) has received a risk/needs assessment or other | ||
relevant evaluation or assessment administered by the | ||
Department using a validated instrument; and | ||
(C) has met the eligibility criteria established by |
rule for earned sentence credit. | ||
The Director of Corrections or the Director of Juvenile | ||
Justice shall determine the form and content of the written | ||
determination required in this subsection. | ||
(3.5) The Department shall provide annual written reports | ||
to the Governor and the General Assembly on the award of earned | ||
sentence credit no later than February 1 of each year. The | ||
Department must publish both reports on its website within 48 | ||
hours of transmitting the reports to the Governor and the | ||
General Assembly. The reports must include: | ||
(A) the number of inmates awarded earned sentence | ||
credit; | ||
(B) the average amount of earned sentence credit | ||
awarded; | ||
(C) the holding offenses of inmates awarded earned | ||
sentence credit; and | ||
(D) the number of earned sentence credit revocations. | ||
(4)(A) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that any prisoner who is engaged full-time in substance abuse | ||
programs, correctional industry assignments, educational | ||
programs, work-release programs or activities in accordance | ||
with Article 13 of Chapter III of this Code, behavior | ||
modification programs, life skills courses, or re-entry | ||
planning provided by the Department under this paragraph (4) | ||
and satisfactorily completes the assigned program as |
determined by the standards of the Department, shall receive | ||
one day of sentence credit for each day in which that prisoner | ||
is engaged in the activities described in this paragraph. The | ||
rules and regulations shall also provide that sentence credit | ||
may be provided to an inmate who was held in pre-trial | ||
detention prior to his or her current commitment to the | ||
Department of Corrections and successfully completed a | ||
full-time, 60-day or longer substance abuse program, | ||
educational program, behavior modification program, life | ||
skills course, or re-entry planning provided by the county | ||
department of corrections or county jail. Calculation of this | ||
county program credit shall be done at sentencing as provided | ||
in Section 5-4.5-100 of this Code and shall be included in the | ||
sentencing order. The rules and regulations shall also provide | ||
that sentence credit may be provided to an inmate who is in | ||
compliance with programming requirements in an adult | ||
transition center. | ||
(B) The Department shall award sentence credit under this | ||
paragraph (4) accumulated prior to January 1, 2020 (the | ||
effective date of Public Act 101-440) in an amount specified | ||
in subparagraph (C) of this paragraph (4) to an inmate serving | ||
a sentence for an offense committed prior to June 19, 1998, if | ||
the Department determines that the inmate is entitled to this | ||
sentence credit, based upon: | ||
(i) documentation provided by the Department that the | ||
inmate engaged in any full-time substance abuse programs, |
correctional industry assignments, educational programs, | ||
behavior modification programs, life skills courses, or | ||
re-entry planning provided by the Department under this | ||
paragraph (4) and satisfactorily completed the assigned | ||
program as determined by the standards of the Department | ||
during the inmate's current term of incarceration; or | ||
(ii) the inmate's own testimony in the form of an | ||
affidavit or documentation, or a third party's | ||
documentation or testimony in the form of an affidavit | ||
that the inmate likely engaged in any full-time substance | ||
abuse programs, correctional industry assignments, | ||
educational programs, behavior modification programs, life | ||
skills courses, or re-entry planning provided by the | ||
Department under paragraph (4) and satisfactorily | ||
completed the assigned program as determined by the | ||
standards of the Department during the inmate's current | ||
term of incarceration. | ||
(C) If the inmate can provide documentation that he or she | ||
is entitled to sentence credit under subparagraph (B) in | ||
excess of 45 days of participation in those programs, the | ||
inmate shall receive 90 days of sentence credit. If the inmate | ||
cannot provide documentation of more than 45 days of | ||
participation in those programs, the inmate shall receive 45 | ||
days of sentence credit. In the event of a disagreement | ||
between the Department and the inmate as to the amount of | ||
credit accumulated under subparagraph (B), if the Department |
provides documented proof of a lesser amount of days of | ||
participation in those programs, that proof shall control. If | ||
the Department provides no documentary proof, the inmate's | ||
proof as set forth in clause (ii) of subparagraph (B) shall | ||
control as to the amount of sentence credit provided. | ||
(D) If the inmate has been convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, | ||
sentencing credits under subparagraph (B) of this paragraph | ||
(4) shall be awarded by the Department only if the conditions | ||
set forth in paragraph (4.6) of subsection (a) are satisfied. | ||
No inmate serving a term of natural life imprisonment shall | ||
receive sentence credit under subparagraph (B) of this | ||
paragraph (4). | ||
(E) The rules and regulations shall provide for the | ||
recalculation of program credits awarded pursuant to this | ||
paragraph (4) prior to July 1, 2021 (the effective date of | ||
Public Act 101-652) at the rate set for such credits on and | ||
after July 1, 2021. | ||
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry planning, | ||
and correctional industry programs under which sentence credit | ||
may be earned under this paragraph (4) and paragraph (4.1) of | ||
this subsection (a) shall be evaluated by the Department on | ||
the basis of documented standards. The Department shall report | ||
the results of these evaluations to the Governor and the | ||
General Assembly by September 30th of each year. The reports |
shall include data relating to the recidivism rate among | ||
program participants. | ||
Availability of these programs shall be subject to the | ||
limits of fiscal resources appropriated by the General | ||
Assembly for these purposes. Eligible inmates who are denied | ||
immediate admission shall be placed on a waiting list under | ||
criteria established by the Department. The rules and | ||
regulations shall provide that a prisoner who has been placed | ||
on a waiting list but is transferred for non-disciplinary | ||
reasons before beginning a program shall receive priority | ||
placement on the waitlist for appropriate programs at the new | ||
facility. The inability of any inmate to become engaged in any | ||
such programs by reason of insufficient program resources or | ||
for any other reason established under the rules and | ||
regulations of the Department shall not be deemed a cause of | ||
action under which the Department or any employee or agent of | ||
the Department shall be liable for damages to the inmate. The | ||
rules and regulations shall provide that a prisoner who begins | ||
an educational, vocational, substance abuse, work-release | ||
programs or activities in accordance with Article 13 of | ||
Chapter III of this Code, behavior modification program, life | ||
skills course, re-entry planning, or correctional industry | ||
programs but is unable to complete the program due to illness, | ||
disability, transfer, lockdown, or another reason outside of | ||
the prisoner's control shall receive prorated sentence credits | ||
for the days in which the prisoner did participate. |
(4.1) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that an additional 90 days of sentence credit shall be awarded | ||
to any prisoner who passes high school equivalency testing | ||
while the prisoner is committed to the Department of | ||
Corrections. The sentence credit awarded under this paragraph | ||
(4.1) shall be in addition to, and shall not affect, the award | ||
of sentence credit under any other paragraph of this Section, | ||
but shall also be pursuant to the guidelines and restrictions | ||
set forth in paragraph (4) of subsection (a) of this Section. | ||
The sentence credit provided for in this paragraph shall be | ||
available only to those prisoners who have not previously | ||
earned a high school diploma or a State of Illinois High School | ||
Diploma. If, after an award of the high school equivalency | ||
testing sentence credit has been made, the Department | ||
determines that the prisoner was not eligible, then the award | ||
shall be revoked. The Department may also award 90 days of | ||
sentence credit to any committed person who passed high school | ||
equivalency testing while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall provide that | ||
an additional 120 days of sentence credit shall be awarded to | ||
any prisoner who obtains an associate degree while the | ||
prisoner is committed to the Department of Corrections, | ||
regardless of the date that the associate degree was obtained, |
including if prior to July 1, 2021 (the effective date of | ||
Public Act 101-652). The sentence credit awarded under this | ||
paragraph (4.1) shall be in addition to, and shall not affect, | ||
the award of sentence credit under any other paragraph of this | ||
Section, but shall also be under the guidelines and | ||
restrictions set forth in paragraph (4) of subsection (a) of | ||
this Section. The sentence credit provided for in this | ||
paragraph (4.1) shall be available only to those prisoners who | ||
have not previously earned an associate degree prior to the | ||
current commitment to the Department of Corrections. If, after | ||
an award of the associate degree sentence credit has been made | ||
and the Department determines that the prisoner was not | ||
eligible, then the award shall be revoked. The Department may | ||
also award 120 days of sentence credit to any committed person | ||
who earned an associate degree while he or she was held in | ||
pre-trial detention prior to the current commitment to the | ||
Department of Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an | ||
additional 180 days of sentence credit shall be awarded to any | ||
prisoner who obtains a bachelor's degree while the prisoner is | ||
committed to the Department of Corrections. The sentence | ||
credit awarded under this paragraph (4.1) shall be in addition | ||
to, and shall not affect, the award of sentence credit under | ||
any other paragraph of this Section, but shall also be under | ||
the guidelines and restrictions set forth in paragraph (4) of |
this subsection (a). The sentence credit provided for in this | ||
paragraph shall be available only to those prisoners who have | ||
not earned a bachelor's degree prior to the current commitment | ||
to the Department of Corrections. If, after an award of the | ||
bachelor's degree sentence credit has been made, the | ||
Department determines that the prisoner was not eligible, then | ||
the award shall be revoked. The Department may also award 180 | ||
days of sentence credit to any committed person who earned a | ||
bachelor's degree while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an | ||
additional 180 days of sentence credit shall be awarded to any | ||
prisoner who obtains a master's or professional degree while | ||
the prisoner is committed to the Department of Corrections. | ||
The sentence credit awarded under this paragraph (4.1) shall | ||
be in addition to, and shall not affect, the award of sentence | ||
credit under any other paragraph of this Section, but shall | ||
also be under the guidelines and restrictions set forth in | ||
paragraph (4) of this subsection (a). The sentence credit | ||
provided for in this paragraph shall be available only to | ||
those prisoners who have not previously earned a master's or | ||
professional degree prior to the current commitment to the | ||
Department of Corrections. If, after an award of the master's | ||
or professional degree sentence credit has been made, the |
Department determines that the prisoner was not eligible, then | ||
the award shall be revoked. The Department may also award 180 | ||
days of sentence credit to any committed person who earned a | ||
master's or professional degree while he or she was held in | ||
pre-trial detention prior to the current commitment to the | ||
Department of Corrections. | ||
(4.2)(A) The rules and regulations shall also provide that | ||
any prisoner engaged in self-improvement programs, volunteer | ||
work, or work assignments that are not otherwise eligible | ||
activities under paragraph (4), shall receive up to 0.5 days | ||
of sentence credit for each day in which the prisoner is | ||
engaged in activities described in this paragraph. | ||
(B) The rules and regulations shall provide for the award | ||
of sentence credit under this paragraph (4.2) for qualifying | ||
days of engagement in eligible activities occurring prior to | ||
July 1, 2021 (the effective date of Public Act 101-652). | ||
(4.5) The rules and regulations on sentence credit shall | ||
also provide that when the court's sentencing order recommends | ||
a prisoner for substance abuse treatment and the crime was | ||
committed on or after September 1, 2003 (the effective date of | ||
Public Act 93-354), the prisoner shall receive no sentence | ||
credit awarded under clause (3) of this subsection (a) unless | ||
he or she participates in and completes a substance abuse | ||
treatment program. The Director of Corrections may waive the | ||
requirement to participate in or complete a substance abuse | ||
treatment program in specific instances if the prisoner is not |
a good candidate for a substance abuse treatment program for | ||
medical, programming, or operational reasons. Availability of | ||
substance abuse treatment shall be subject to the limits of | ||
fiscal resources appropriated by the General Assembly for | ||
these purposes. If treatment is not available and the | ||
requirement to participate and complete the treatment has not | ||
been waived by the Director, the prisoner shall be placed on a | ||
waiting list under criteria established by the Department. The | ||
Director may allow a prisoner placed on a waiting list to | ||
participate in and complete a substance abuse education class | ||
or attend substance abuse self-help meetings in lieu of a | ||
substance abuse treatment program. A prisoner on a waiting | ||
list who is not placed in a substance abuse program prior to | ||
release may be eligible for a waiver and receive sentence | ||
credit under clause (3) of this subsection (a) at the | ||
discretion of the Director. | ||
(4.6) The rules and regulations on sentence credit shall | ||
also provide that a prisoner who has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act shall receive no sentence credit unless he or | ||
she either has successfully completed or is participating in | ||
sex offender treatment as defined by the Sex Offender | ||
Management Board. However, prisoners who are waiting to | ||
receive treatment, but who are unable to do so due solely to | ||
the lack of resources on the part of the Department, may, at | ||
either Director's sole discretion, be awarded sentence credit |
at a rate as the Director shall determine. | ||
(4.7) On or after January 1, 2018 (the effective date of | ||
Public Act 100-3), sentence credit under paragraph (3), (4), | ||
or (4.1) of this subsection (a) may be awarded to a prisoner | ||
who is serving a sentence for an offense described in | ||
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||
on or after January 1, 2018 (the effective date of Public Act | ||
100-3); provided, the award of the credits under this | ||
paragraph (4.7) shall not reduce the sentence of the prisoner | ||
to less than the following amounts: | ||
(i) 85% of his or her sentence if the prisoner is | ||
required to serve 85% of his or her sentence; or | ||
(ii) 60% of his or her sentence if the prisoner is | ||
required to serve 75% of his or her sentence, except if the | ||
prisoner is serving a sentence for gunrunning his or her | ||
sentence shall not be reduced to less than 75%. | ||
(iii) 100% of his or her sentence if the prisoner is | ||
required to serve 100% of his or her sentence. | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it otherwise would because of a grant of earned | ||
sentence credit under paragraph (3) of subsection (a) of this | ||
Section given at any time during the term, the Department | ||
shall give reasonable notice of the impending release not less | ||
than 14 days prior to the date of the release to the State's | ||
Attorney of the county where the prosecution of the inmate | ||
took place, and if applicable, the State's Attorney of the |
county into which the inmate will be released. The Department | ||
must also make identification information and a recent photo | ||
of the inmate being released accessible on the Internet by | ||
means of a hyperlink labeled "Community Notification of Inmate | ||
Early Release" on the Department's World Wide Web homepage. | ||
The identification information shall include the inmate's: | ||
name, any known alias, date of birth, physical | ||
characteristics, commitment offense, and county where | ||
conviction was imposed. The identification information shall | ||
be placed on the website within 3 days of the inmate's release | ||
and the information may not be removed until either: | ||
completion of the first year of mandatory supervised release | ||
or return of the inmate to custody of the Department. | ||
(b) Whenever a person is or has been committed under | ||
several convictions, with separate sentences, the sentences | ||
shall be construed under Section 5-8-4 in granting and | ||
forfeiting of sentence credit. | ||
(c) (1) The Department shall prescribe rules and | ||
regulations for revoking sentence credit, including revoking | ||
sentence credit awarded under paragraph (3) of subsection (a) | ||
of this Section. The Department shall prescribe rules and | ||
regulations establishing and requiring the use of a sanctions | ||
matrix for revoking sentence credit. The Department shall | ||
prescribe rules and regulations for suspending or reducing the | ||
rate of accumulation of sentence credit for specific rule | ||
violations, during imprisonment. These rules and regulations |
shall provide that no inmate may be penalized more than one | ||
year of sentence credit for any one infraction. | ||
(2) When the Department seeks to revoke, suspend, or | ||
reduce the rate of accumulation of any sentence credits for an | ||
alleged infraction of its rules, it shall bring charges | ||
therefor against the prisoner sought to be so deprived of | ||
sentence credits before the Prisoner Review Board as provided | ||
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||
amount of credit at issue exceeds 30 days, whether from one | ||
infraction or cumulatively from multiple infractions arising | ||
out of a single event, or when, during any 12-month period, the | ||
cumulative amount of credit revoked exceeds 30 days except | ||
where the infraction is committed or discovered within 60 days | ||
of scheduled release. In those cases, the Department of | ||
Corrections may revoke up to 30 days of sentence credit. The | ||
Board may subsequently approve the revocation of additional | ||
sentence credit, if the Department seeks to revoke sentence | ||
credit in excess of 30 days. However, the Board shall not be | ||
empowered to review the Department's decision with respect to | ||
the loss of 30 days of sentence credit within any calendar year | ||
for any prisoner or to increase any penalty beyond the length | ||
requested by the Department. | ||
(3) The Director of Corrections or the Director of | ||
Juvenile Justice, in appropriate cases, may restore sentence | ||
credits which have been revoked, suspended, or reduced. The | ||
Department shall prescribe rules and regulations governing the |
restoration of sentence credits. These rules and regulations | ||
shall provide for the automatic restoration of sentence | ||
credits following a period in which the prisoner maintains a | ||
record without a disciplinary violation. | ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||
sentence imposed by the court that was not served due to the | ||
accumulation of sentence credit. | ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court against the State, the Department of | ||
Corrections, or the Prisoner Review Board, or against any of | ||
their officers or employees, and the court makes a specific | ||
finding that a pleading, motion, or other paper filed by the | ||
prisoner is frivolous, the Department of Corrections shall | ||
conduct a hearing to revoke up to 180 days of sentence credit | ||
by bringing charges against the prisoner sought to be deprived | ||
of the sentence credits before the Prisoner Review Board as | ||
provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||
If the prisoner has not accumulated 180 days of sentence | ||
credit at the time of the finding, then the Prisoner Review | ||
Board may revoke all sentence credit accumulated by the | ||
prisoner. | ||
For purposes of this subsection (d): | ||
(1) "Frivolous" means that a pleading, motion, or | ||
other filing which purports to be a legal document filed |
by a prisoner in his or her lawsuit meets any or all of the | ||
following criteria: | ||
(A) it lacks an arguable basis either in law or in | ||
fact; | ||
(B) it is being presented for any improper | ||
purpose, such as to harass or to cause unnecessary | ||
delay or needless increase in the cost of litigation; | ||
(C) the claims, defenses, and other legal | ||
contentions therein are not warranted by existing law | ||
or by a nonfrivolous argument for the extension, | ||
modification, or reversal of existing law or the | ||
establishment of new law; | ||
(D) the allegations and other factual contentions | ||
do not have evidentiary support or, if specifically so | ||
identified, are not likely to have evidentiary support | ||
after a reasonable opportunity for further | ||
investigation or discovery; or | ||
(E) the denials of factual contentions are not | ||
warranted on the evidence, or if specifically so | ||
identified, are not reasonably based on a lack of | ||
information or belief. | ||
(2) "Lawsuit" means a motion pursuant to Section 116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254), a petition for claim | ||
under the Court of Claims Act, an action under the federal |
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure. | ||
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404. | ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided | ||
in Section 5-8A-7 of this Code. | ||
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised | ||
12-15-23.) | ||
(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10) | ||
Sec. 3-8-10. Intrastate detainers. Subsections Subsection | ||
(b), (c) , and (e) of Section 103-5 of the Code of Criminal | ||
Procedure of 1963 shall also apply to persons committed to any | ||
institution or facility or program of the Illinois Department |
of Corrections who have untried complaints, charges or | ||
indictments pending in any county of this State, and such | ||
person shall include in the demand under subsection (b), a | ||
statement of the place of present commitment, the term, and | ||
length of the remaining term, the charges pending against him | ||
or her to be tried and the county of the charges, and the | ||
demand shall be addressed to the state's attorney of the | ||
county where he or she is charged with a copy to the clerk of | ||
that court and a copy to the chief administrative officer of | ||
the Department of Corrections institution or facility to which | ||
he or she is committed. The state's attorney shall then | ||
procure the presence of the defendant for trial in his county | ||
by habeas corpus. Additional time may be granted by the court | ||
for the process of bringing and serving an order of habeas | ||
corpus ad prosequendum. In the event that the person is not | ||
brought to trial within the allotted time, then the charge for | ||
which he or she has requested a speedy trial shall be | ||
dismissed. The provisions of this Section do not apply to | ||
persons no longer committed to a facility or program of the | ||
Illinois Department of Corrections. A person serving a period | ||
of parole or mandatory supervised release under the | ||
supervision of the Department of Corrections, for the purpose | ||
of this Section, shall not be deemed to be committed to the | ||
Department. | ||
(Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.) |
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) | ||
Sec. 5-4-1. Sentencing hearing. | ||
(a) After a determination of guilt, a hearing shall be | ||
held to impose the sentence. However, prior to the imposition | ||
of sentence on an individual being sentenced for an offense | ||
based upon a charge for a violation of Section 11-501 of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance, the individual must undergo a professional | ||
evaluation to determine if an alcohol or other drug abuse | ||
problem exists and the extent of such a problem. Programs | ||
conducting these evaluations shall be licensed by the | ||
Department of Human Services. However, if the individual is | ||
not a resident of Illinois, the court may, in its discretion, | ||
accept an evaluation from a program in the state of such | ||
individual's residence. The court shall make a specific | ||
finding about whether the defendant is eligible for | ||
participation in a Department impact incarceration program as | ||
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||
explanation as to why a sentence to impact incarceration is | ||
not an appropriate sentence. The court may in its sentencing | ||
order recommend a defendant for placement in a Department of | ||
Corrections substance abuse treatment program as provided in | ||
paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||
upon the defendant being accepted in a program by the | ||
Department of Corrections. At the hearing the court shall: | ||
(1) consider the evidence, if any, received upon the |
trial; | ||
(2) consider any presentence reports; | ||
(3) consider the financial impact of incarceration | ||
based on the financial impact statement filed with the | ||
clerk of the court by the Department of Corrections; | ||
(4) consider evidence and information offered by the | ||
parties in aggravation and mitigation; | ||
(4.5) consider substance abuse treatment, eligibility | ||
screening, and an assessment, if any, of the defendant by | ||
an agent designated by the State of Illinois to provide | ||
assessment services for the Illinois courts; | ||
(5) hear arguments as to sentencing alternatives; | ||
(6) afford the defendant the opportunity to make a | ||
statement in his own behalf; | ||
(7) afford the victim of a violent crime or a | ||
violation of Section 11-501 of the Illinois Vehicle Code, | ||
or a similar provision of a local ordinance, the | ||
opportunity to present an oral or written statement, as | ||
guaranteed by Article I, Section 8.1 of the Illinois | ||
Constitution and provided in Section 6 of the Rights of | ||
Crime Victims and Witnesses Act. The court shall allow a | ||
victim to make an oral statement if the victim is present | ||
in the courtroom and requests to make an oral or written | ||
statement. An oral or written statement includes the | ||
victim or a representative of the victim reading the | ||
written statement. The court may allow persons impacted by |
the crime who are not victims under subsection (a) of | ||
Section 3 of the Rights of Crime Victims and Witnesses Act | ||
to present an oral or written statement. A victim and any | ||
person making an oral statement shall not be put under | ||
oath or subject to cross-examination. All statements | ||
offered under this paragraph (7) shall become part of the | ||
record of the court. In this paragraph (7), "victim of a | ||
violent crime" means a person who is a victim of a violent | ||
crime for which the defendant has been convicted after a | ||
bench or jury trial or a person who is the victim of a | ||
violent crime with which the defendant was charged and the | ||
defendant has been convicted under a plea agreement of a | ||
crime that is not a violent crime as defined in subsection | ||
(c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||
(7.5) afford a qualified person affected by: (i) a | ||
violation of Section 405, 405.1, 405.2, or 407 of the | ||
Illinois Controlled Substances Act or a violation of | ||
Section 55 or Section 65 of the Methamphetamine Control | ||
and Community Protection Act; or (ii) a Class 4 felony | ||
violation of Section 11-14, 11-14.3 except as described in | ||
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||
11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, committed by the defendant the | ||
opportunity to make a statement concerning the impact on | ||
the qualified person and to offer evidence in aggravation | ||
or mitigation; provided that the statement and evidence |
offered in aggravation or mitigation shall first be | ||
prepared in writing in conjunction with the State's | ||
Attorney before it may be presented orally at the hearing. | ||
Sworn testimony offered by the qualified person is subject | ||
to the defendant's right to cross-examine. All statements | ||
and evidence offered under this paragraph (7.5) shall | ||
become part of the record of the court. In this paragraph | ||
(7.5), "qualified person" means any person who: (i) lived | ||
or worked within the territorial jurisdiction where the | ||
offense took place when the offense took place; or (ii) is | ||
familiar with various public places within the territorial | ||
jurisdiction where the offense took place when the offense | ||
took place. "Qualified person" includes any peace officer | ||
or any member of any duly organized State, county, or | ||
municipal peace officer unit assigned to the territorial | ||
jurisdiction where the offense took place when the offense | ||
took place; | ||
(8) in cases of reckless homicide afford the victim's | ||
spouse, guardians, parents or other immediate family | ||
members an opportunity to make oral statements; | ||
(9) in cases involving a felony sex offense as defined | ||
under the Sex Offender Management Board Act, consider the | ||
results of the sex offender evaluation conducted pursuant | ||
to Section 5-3-2 of this Act; and | ||
(10) make a finding of whether a motor vehicle was | ||
used in the commission of the offense for which the |
defendant is being sentenced. | ||
(b) All sentences shall be imposed by the judge based upon | ||
his independent assessment of the elements specified above and | ||
any agreement as to sentence reached by the parties. The judge | ||
who presided at the trial or the judge who accepted the plea of | ||
guilty shall impose the sentence unless he is no longer | ||
sitting as a judge in that court. Where the judge does not | ||
impose sentence at the same time on all defendants who are | ||
convicted as a result of being involved in the same offense, | ||
the defendant or the State's Attorney may advise the | ||
sentencing court of the disposition of any other defendants | ||
who have been sentenced. | ||
(b-1) In imposing a sentence of imprisonment or periodic | ||
imprisonment for a Class 3 or Class 4 felony for which a | ||
sentence of probation or conditional discharge is an available | ||
sentence, if the defendant has no prior sentence of probation | ||
or conditional discharge and no prior conviction for a violent | ||
crime, the defendant shall not be sentenced to imprisonment | ||
before review and consideration of a presentence report and | ||
determination and explanation of why the particular evidence, | ||
information, factor in aggravation, factual finding, or other | ||
reasons support a sentencing determination that one or more of | ||
the factors under subsection (a) of Section 5-6-1 of this Code | ||
apply and that probation or conditional discharge is not an | ||
appropriate sentence. | ||
(c) In imposing a sentence for a violent crime or for an |
offense of operating or being in physical control of a vehicle | ||
while under the influence of alcohol, any other drug or any | ||
combination thereof, or a similar provision of a local | ||
ordinance, when such offense resulted in the personal injury | ||
to someone other than the defendant, the trial judge shall | ||
specify on the record the particular evidence, information, | ||
factors in mitigation and aggravation or other reasons that | ||
led to his sentencing determination. The full verbatim record | ||
of the sentencing hearing shall be filed with the clerk of the | ||
court and shall be a public record. | ||
(c-1) In imposing a sentence for the offense of aggravated | ||
kidnapping for ransom, home invasion, armed robbery, | ||
aggravated vehicular hijacking, aggravated discharge of a | ||
firearm, or armed violence with a category I weapon or | ||
category II weapon, the trial judge shall make a finding as to | ||
whether the conduct leading to conviction for the offense | ||
resulted in great bodily harm to a victim, and shall enter that | ||
finding and the basis for that finding in the record. | ||
(c-1.5) Notwithstanding any other provision of law to the | ||
contrary, in imposing a sentence for an offense that requires | ||
a mandatory minimum sentence of imprisonment, the court may | ||
instead sentence the offender to probation, conditional | ||
discharge, or a lesser term of imprisonment it deems | ||
appropriate if: (1) the offense involves the use or possession | ||
of drugs, retail theft, or driving on a revoked license due to | ||
unpaid financial obligations; (2) the court finds that the |
defendant does not pose a risk to public safety; and (3) the | ||
interest of justice requires imposing a term of probation, | ||
conditional discharge, or a lesser term of imprisonment. The | ||
court must state on the record its reasons for imposing | ||
probation, conditional discharge, or a lesser term of | ||
imprisonment. | ||
(c-2) If the defendant is sentenced to prison, other than | ||
when a sentence of natural life imprisonment is imposed, at | ||
the time the sentence is imposed the judge shall state on the | ||
record in open court the approximate period of time the | ||
defendant will serve in custody according to the then current | ||
statutory rules and regulations for sentence credit found in | ||
Section 3-6-3 and other related provisions of this Code. This | ||
statement is intended solely to inform the public, has no | ||
legal effect on the defendant's actual release, and may not be | ||
relied on by the defendant on appeal. | ||
The judge's statement, to be given after pronouncing the | ||
sentence, other than when the sentence is imposed for one of | ||
the offenses enumerated in paragraph (a)(4) of Section 3-6-3, | ||
shall include the following: | ||
"The purpose of this statement is to inform the public of | ||
the actual period of time this defendant is likely to spend in | ||
prison as a result of this sentence. The actual period of | ||
prison time served is determined by the statutes of Illinois | ||
as applied to this sentence by the Illinois Department of | ||
Corrections and the Illinois Prisoner Review Board. In this |
case, assuming the defendant receives all of his or her | ||
sentence credit, the period of estimated actual custody is ... | ||
years and ... months, less up to 180 days additional earned | ||
sentence credit. If the defendant, because of his or her own | ||
misconduct or failure to comply with the institutional | ||
regulations, does not receive those credits, the actual time | ||
served in prison will be longer. The defendant may also | ||
receive an additional one-half day sentence credit for each | ||
day of participation in vocational, industry, substance abuse, | ||
and educational programs as provided for by Illinois statute." | ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph (a)(2) of Section 3-6-3, other than | ||
first degree murder, and the offense was committed on or after | ||
June 19, 1998, and when the sentence is imposed for reckless | ||
homicide as defined in subsection (e) of Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
offense was committed on or after January 1, 1999, and when the | ||
sentence is imposed for aggravated driving under the influence | ||
of alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof as defined in | ||
subparagraph (F) of paragraph (1) of subsection (d) of Section | ||
11-501 of the Illinois Vehicle Code, and when the sentence is | ||
imposed for aggravated arson if the offense was committed on | ||
or after July 27, 2001 (the effective date of Public Act | ||
92-176), and when the sentence is imposed for aggravated | ||
driving under the influence of alcohol, other drug or drugs, |
or intoxicating compound or compounds, or any combination | ||
thereof as defined in subparagraph (C) of paragraph (1) of | ||
subsection (d) of Section 11-501 of the Illinois Vehicle Code | ||
committed on or after January 1, 2011 (the effective date of | ||
Public Act 96-1230), the judge's statement, to be given after | ||
pronouncing the sentence, shall include the following: | ||
"The purpose of this statement is to inform the public of | ||
the actual period of time this defendant is likely to spend in | ||
prison as a result of this sentence. The actual period of | ||
prison time served is determined by the statutes of Illinois | ||
as applied to this sentence by the Illinois Department of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the defendant is entitled to no more than 4 1/2 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. Therefore, this defendant will serve at least | ||
85% of his or her sentence. Assuming the defendant receives 4 | ||
1/2 days credit for each month of his or her sentence, the | ||
period of estimated actual custody is ... years and ... | ||
months. If the defendant, because of his or her own misconduct | ||
or failure to comply with the institutional regulations | ||
receives lesser credit, the actual time served in prison will | ||
be longer." | ||
When a sentence of imprisonment is imposed for first | ||
degree murder and the offense was committed on or after June | ||
19, 1998, the judge's statement, to be given after pronouncing | ||
the sentence, shall include the following: |
"The purpose of this statement is to inform the public of | ||
the actual period of time this defendant is likely to spend in | ||
prison as a result of this sentence. The actual period of | ||
prison time served is determined by the statutes of Illinois | ||
as applied to this sentence by the Illinois Department of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the defendant is not entitled to sentence credit. | ||
Therefore, this defendant will serve 100% of his or her | ||
sentence." | ||
When the sentencing order recommends placement in a | ||
substance abuse program for any offense that results in | ||
incarceration in a Department of Corrections facility and the | ||
crime was committed on or after September 1, 2003 (the | ||
effective date of Public Act 93-354), the judge's statement, | ||
in addition to any other judge's statement required under this | ||
Section, to be given after pronouncing the sentence, shall | ||
include the following: | ||
"The purpose of this statement is to inform the public of | ||
the actual period of time this defendant is likely to spend in | ||
prison as a result of this sentence. The actual period of | ||
prison time served is determined by the statutes of Illinois | ||
as applied to this sentence by the Illinois Department of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the defendant shall receive no earned sentence credit | ||
under clause (3) of subsection (a) of Section 3-6-3 until he or | ||
she participates in and completes a substance abuse treatment |
program or receives a waiver from the Director of Corrections | ||
pursuant to clause (4.5) of subsection (a) of Section 3-6-3." | ||
(c-4) Before the sentencing hearing and as part of the | ||
presentence investigation under Section 5-3-1, the court shall | ||
inquire of the defendant whether the defendant is currently | ||
serving in or is a veteran of the Armed Forces of the United | ||
States. If the defendant is currently serving in the Armed | ||
Forces of the United States or is a veteran of the Armed Forces | ||
of the United States and has been diagnosed as having a mental | ||
illness by a qualified psychiatrist or clinical psychologist | ||
or physician, the court may: | ||
(1) order that the officer preparing the presentence | ||
report consult with the United States Department of | ||
Veterans Affairs, Illinois Department of Veterans' | ||
Affairs, or another agency or person with suitable | ||
knowledge or experience for the purpose of providing the | ||
court with information regarding treatment options | ||
available to the defendant, including federal, State, and | ||
local programming; and | ||
(2) consider the treatment recommendations of any | ||
diagnosing or treating mental health professionals | ||
together with the treatment options available to the | ||
defendant in imposing sentence. | ||
For the purposes of this subsection (c-4), "qualified | ||
psychiatrist" means a reputable physician licensed in Illinois | ||
to practice medicine in all its branches, who has specialized |
in the diagnosis and treatment of mental and nervous disorders | ||
for a period of not less than 5 years. | ||
(c-6) In imposing a sentence, the trial judge shall | ||
specify, on the record, the particular evidence and other | ||
reasons which led to his or her determination that a motor | ||
vehicle was used in the commission of the offense. | ||
(c-7) In imposing a sentence for a Class 3 or 4 felony, | ||
other than a violent crime as defined in Section 3 of the | ||
Rights of Crime Victims and Witnesses Act, the court shall | ||
determine and indicate in the sentencing order whether the | ||
defendant has 4 or more or fewer than 4 months remaining on his | ||
or her sentence accounting for time served. | ||
(d) When the defendant is committed to the Department of | ||
Corrections, the State's Attorney shall and counsel for the | ||
defendant may file a statement with the clerk of the court to | ||
be transmitted to the department, agency or institution to | ||
which the defendant is committed to furnish such department, | ||
agency or institution with the facts and circumstances of the | ||
offense for which the person was committed together with all | ||
other factual information accessible to them in regard to the | ||
person prior to his commitment relative to his habits, | ||
associates, disposition and reputation and any other facts and | ||
circumstances which may aid such department, agency or | ||
institution during its custody of such person. The clerk shall | ||
within 10 days after receiving any such statements transmit a | ||
copy to such department, agency or institution and a copy to |
the other party, provided, however, that this shall not be | ||
cause for delay in conveying the person to the department, | ||
agency or institution to which he has been committed. | ||
(e) The clerk of the court shall transmit to the | ||
department, agency or institution, if any, to which the | ||
defendant is committed, the following: | ||
(1) the sentence imposed; | ||
(2) any statement by the court of the basis for | ||
imposing the sentence; | ||
(3) any presentence reports; | ||
(3.3) the person's last known complete street address | ||
prior to incarceration or legal residence, the person's | ||
race, whether the person is of Hispanic or Latino origin, | ||
and whether the person is 18 years of age or older; | ||
(3.5) any sex offender evaluations; | ||
(3.6) any substance abuse treatment eligibility | ||
screening and assessment of the defendant by an agent | ||
designated by the State of Illinois to provide assessment | ||
services for the Illinois courts; | ||
(4) the number of days, if any, which the defendant | ||
has been in custody and for which he is entitled to credit | ||
against the sentence, which information shall be provided | ||
to the clerk by the sheriff; | ||
(4.1) any finding of great bodily harm made by the | ||
court with respect to an offense enumerated in subsection | ||
(c-1); |
(5) all statements filed under subsection (d) of this | ||
Section; | ||
(6) any medical or mental health records or summaries | ||
of the defendant; | ||
(7) the municipality where the arrest of the offender | ||
or the commission of the offense has occurred, where such | ||
municipality has a population of more than 25,000 persons; | ||
(8) all statements made and evidence offered under | ||
paragraph (7) of subsection (a) of this Section; and | ||
(9) all additional matters which the court directs the | ||
clerk to transmit. | ||
(f) In cases in which the court finds that a motor vehicle | ||
was used in the commission of the offense for which the | ||
defendant is being sentenced, the clerk of the court shall, | ||
within 5 days thereafter, forward a report of such conviction | ||
to the Secretary of State. | ||
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; | ||
103-51, eff. 1-1-24; revised 12-15-23.) | ||
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) | ||
Sec. 5-4-3. Specimens; genetic marker groups. | ||
(a) Any person convicted of, found guilty under the | ||
Juvenile Court Act of 1987 for, or who received a disposition | ||
of court supervision for , a qualifying offense or attempt of a | ||
qualifying offense, convicted or found guilty of any offense | ||
classified as a felony under Illinois law, convicted or found |
guilty of any offense requiring registration under the Sex | ||
Offender Registration Act, found guilty or given supervision | ||
for any offense classified as a felony under the Juvenile | ||
Court Act of 1987, convicted or found guilty of, under the | ||
Juvenile Court Act of 1987, any offense requiring registration | ||
under the Sex Offender Registration Act, or institutionalized | ||
as a sexually dangerous person under the Sexually Dangerous | ||
Persons Act, or committed as a sexually violent person under | ||
the Sexually Violent Persons Commitment Act shall, regardless | ||
of the sentence or disposition imposed, be required to submit | ||
specimens of blood, saliva, or tissue to the Illinois State | ||
Police in accordance with the provisions of this Section, | ||
provided such person is: | ||
(1) convicted of a qualifying offense or attempt of a | ||
qualifying offense on or after July 1, 1990 and sentenced | ||
to a term of imprisonment, periodic imprisonment, fine, | ||
probation, conditional discharge or any other form of | ||
sentence, or given a disposition of court supervision for | ||
the offense; | ||
(1.5) found guilty or given supervision under the | ||
Juvenile Court Act of 1987 for a qualifying offense or | ||
attempt of a qualifying offense on or after January 1, | ||
1997; | ||
(2) ordered institutionalized as a sexually dangerous | ||
person on or after July 1, 1990; | ||
(3) convicted of a qualifying offense or attempt of a |
qualifying offense before July 1, 1990 and is presently | ||
confined as a result of such conviction in any State | ||
correctional facility or county jail or is presently | ||
serving a sentence of probation, conditional discharge or | ||
periodic imprisonment as a result of such conviction; | ||
(3.5) convicted or found guilty of any offense | ||
classified as a felony under Illinois law or found guilty | ||
or given supervision for such an offense under the | ||
Juvenile Court Act of 1987 on or after August 22, 2002; | ||
(4) presently institutionalized as a sexually | ||
dangerous person or presently institutionalized as a | ||
person found guilty but mentally ill of a sexual offense | ||
or attempt to commit a sexual offense; or | ||
(4.5) ordered committed as a sexually violent person | ||
on or after January 1, 1998 ( the effective date of the | ||
Sexually Violent Persons Commitment Act ) . | ||
(a-1) Any person incarcerated in a facility of the | ||
Illinois Department of Corrections or the Illinois Department | ||
of Juvenile Justice on or after August 22, 2002, whether for a | ||
term of years or natural life, who has not yet submitted a | ||
specimen of blood, saliva, or tissue shall be required to | ||
submit a specimen of blood, saliva, or tissue prior to his or | ||
her final discharge, or release on parole, aftercare release, | ||
or mandatory supervised release, as a condition of his or her | ||
parole, aftercare release, or mandatory supervised release, or | ||
within 6 months from August 13, 2009 (the effective date of |
Public Act 96-426), whichever is sooner. A person incarcerated | ||
on or after August 13, 2009 (the effective date of Public Act | ||
96-426) shall be required to submit a specimen within 45 days | ||
of incarceration, or prior to his or her final discharge, or | ||
release on parole, aftercare release, or mandatory supervised | ||
release, as a condition of his or her parole, aftercare | ||
release, or mandatory supervised release, whichever is sooner. | ||
These specimens shall be placed into the State or national DNA | ||
database, to be used in accordance with other provisions of | ||
this Section, by the Illinois State Police. | ||
(a-2) Any person sentenced to life imprisonment in a | ||
facility of the Illinois Department of Corrections after June | ||
13, 2005 ( the effective date of Public Act 94-16) this | ||
amendatory Act of the 94th General Assembly shall be required | ||
to provide a specimen of blood, saliva, or tissue within 45 | ||
days after sentencing or disposition at a collection site | ||
designated by the Illinois State Police. Any person serving a | ||
sentence of life imprisonment in a facility of the Illinois | ||
Department of Corrections on June 13, 2005 ( the effective date | ||
of Public Act 94-16) this amendatory Act of the 94th General | ||
Assembly or any person who is under a sentence of death on June | ||
13, 2005 ( the effective date of Public Act 94-16) this | ||
amendatory Act of the 94th General Assembly shall be required | ||
to provide a specimen of blood, saliva, or tissue upon request | ||
at a collection site designated by the Illinois State Police. | ||
(a-3) Any person seeking transfer to or residency in |
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this | ||
Code, the Interstate Compact for Adult Offender Supervision, | ||
or the Interstate Agreements on Sexually Dangerous Persons Act | ||
shall be required to provide a specimen of blood, saliva, or | ||
tissue within 45 days after transfer to or residency in | ||
Illinois at a collection site designated by the Illinois State | ||
Police. | ||
(a-3.1) Any person required by an order of the court to | ||
submit a DNA specimen shall be required to provide a specimen | ||
of blood, saliva, or tissue within 45 days after the court | ||
order at a collection site designated by the Illinois State | ||
Police. | ||
(a-3.2) On or after January 1, 2012 (the effective date of | ||
Public Act 97-383), any person arrested for any of the | ||
following offenses, after an indictment has been returned by a | ||
grand jury, or following a hearing pursuant to Section 109-3 | ||
of the Code of Criminal Procedure of 1963 and a judge finds | ||
there is probable cause to believe the arrestee has committed | ||
one of the designated offenses, or an arrestee has waived a | ||
preliminary hearing shall be required to provide a specimen of | ||
blood, saliva, or tissue within 14 days after such indictment | ||
or hearing at a collection site designated by the Illinois | ||
State Police: | ||
(A) first degree murder; | ||
(B) home invasion; | ||
(C) predatory criminal sexual assault of a child; |
(D) aggravated criminal sexual assault; or | ||
(E) criminal sexual assault. | ||
(a-3.3) Any person required to register as a sex offender | ||
under the Sex Offender Registration Act, regardless of the | ||
date of conviction as set forth in subsection (c-5.2) shall be | ||
required to provide a specimen of blood, saliva, or tissue | ||
within the time period prescribed in subsection (c-5.2) at a | ||
collection site designated by the Illinois State Police. | ||
(a-5) Any person who was otherwise convicted of or | ||
received a disposition of court supervision for any other | ||
offense under the Criminal Code of 1961 or the Criminal Code of | ||
2012 or who was found guilty or given supervision for such a | ||
violation under the Juvenile Court Act of 1987, may, | ||
regardless of the sentence imposed, be required by an order of | ||
the court to submit specimens of blood, saliva, or tissue to | ||
the Illinois State Police in accordance with the provisions of | ||
this Section. | ||
(b) Any person required by paragraphs (a)(1), (a)(1.5), | ||
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood, | ||
saliva, or tissue shall provide specimens of blood, saliva, or | ||
tissue within 45 days after sentencing or disposition at a | ||
collection site designated by the Illinois State Police. | ||
(c) Any person required by paragraphs (a)(3), (a)(4), and | ||
(a)(4.5) to provide specimens of blood, saliva, or tissue | ||
shall be required to provide such specimens prior to final | ||
discharge or within 6 months from August 13, 2009 (the |
effective date of Public Act 96-426), whichever is sooner. | ||
These specimens shall be placed into the State or national DNA | ||
database, to be used in accordance with other provisions of | ||
this Act, by the Illinois State Police. | ||
(c-5) Any person required by paragraph (a-3) to provide | ||
specimens of blood, saliva, or tissue shall, where feasible, | ||
be required to provide the specimens before being accepted for | ||
conditioned residency in Illinois under the interstate compact | ||
or agreement, but no later than 45 days after arrival in this | ||
State. | ||
(c-5.2) Unless it is determined that a registered sex | ||
offender has previously submitted a specimen of blood, saliva, | ||
or tissue that has been placed into the State DNA database, a | ||
person registering as a sex offender shall be required to | ||
submit a specimen at the time of his or her initial | ||
registration pursuant to the Sex Offender Registration Act or, | ||
for a person registered as a sex offender on or prior to | ||
January 1, 2012 (the effective date of Public Act 97-383), | ||
within one year of January 1, 2012 (the effective date of | ||
Public Act 97-383) or at the time of his or her next required | ||
registration. | ||
(c-6) The Illinois State Police may determine which type | ||
of specimen or specimens, blood, saliva, or tissue, is | ||
acceptable for submission to the Division of Forensic Services | ||
for analysis. The Illinois State Police may require the | ||
submission of fingerprints from anyone required to give a |
specimen under this Act. | ||
(d) The Illinois State Police shall provide all equipment | ||
and instructions necessary for the collection of blood | ||
specimens. The collection of specimens shall be performed in a | ||
medically approved manner. Only a physician authorized to | ||
practice medicine, a registered nurse or other qualified | ||
person trained in venipuncture may withdraw blood for the | ||
purposes of this Act. The specimens shall thereafter be | ||
forwarded to the Illinois State Police, Division of Forensic | ||
Services, for analysis and categorizing into genetic marker | ||
groupings. | ||
(d-1) The Illinois State Police shall provide all | ||
equipment and instructions necessary for the collection of | ||
saliva specimens. The collection of saliva specimens shall be | ||
performed in a medically approved manner. Only a person | ||
trained in the instructions promulgated by the Illinois State | ||
Police on collecting saliva may collect saliva for the | ||
purposes of this Section. The specimens shall thereafter be | ||
forwarded to the Illinois State Police, Division of Forensic | ||
Services, for analysis and categorizing into genetic marker | ||
groupings. | ||
(d-2) The Illinois State Police shall provide all | ||
equipment and instructions necessary for the collection of | ||
tissue specimens. The collection of tissue specimens shall be | ||
performed in a medically approved manner. Only a person | ||
trained in the instructions promulgated by the Illinois State |
Police on collecting tissue may collect tissue for the | ||
purposes of this Section. The specimens shall thereafter be | ||
forwarded to the Illinois State Police, Division of Forensic | ||
Services, for analysis and categorizing into genetic marker | ||
groupings. | ||
(d-5) To the extent that funds are available, the Illinois | ||
State Police shall contract with qualified personnel and | ||
certified laboratories for the collection, analysis, and | ||
categorization of known specimens, except as provided in | ||
subsection (n) of this Section. | ||
(d-6) Agencies designated by the Illinois State Police and | ||
the Illinois State Police may contract with third parties to | ||
provide for the collection or analysis of DNA, or both, of an | ||
offender's blood, saliva, and tissue specimens, except as | ||
provided in subsection (n) of this Section. | ||
(e) The genetic marker groupings shall be maintained by | ||
the Illinois State Police, Division of Forensic Services. | ||
(f) The genetic marker grouping analysis information | ||
obtained pursuant to this Act shall be confidential and shall | ||
be released only to peace officers of the United States, of | ||
other states or territories, of the insular possessions of the | ||
United States, of foreign countries duly authorized to receive | ||
the same, to all peace officers of the State of Illinois and to | ||
all prosecutorial agencies, and to defense counsel as provided | ||
by Section 116-5 of the Code of Criminal Procedure of 1963. The | ||
genetic marker grouping analysis information obtained pursuant |
to this Act shall be used only for (i) valid law enforcement | ||
identification purposes and as required by the Federal Bureau | ||
of Investigation for participation in the National DNA | ||
database, (ii) technology validation purposes, (iii) a | ||
population statistics database, (iv) quality assurance | ||
purposes if personally identifying information is removed, (v) | ||
assisting in the defense of the criminally accused pursuant to | ||
Section 116-5 of the Code of Criminal Procedure of 1963, or | ||
(vi) identifying and assisting in the prosecution of a person | ||
who is suspected of committing a sexual assault as defined in | ||
Section 1a of the Sexual Assault Survivors Emergency Treatment | ||
Act. Notwithstanding any other statutory provision to the | ||
contrary, all information obtained under this Section shall be | ||
maintained in a single State data base, which may be uploaded | ||
into a national database, and which information may be subject | ||
to expungement only as set forth in subsection (f-1). | ||
(f-1) Upon receipt of notification of a reversal of a | ||
conviction based on actual innocence, or of the granting of a | ||
pardon pursuant to Section 12 of Article V of the Illinois | ||
Constitution, if that pardon document specifically states that | ||
the reason for the pardon is the actual innocence of an | ||
individual whose DNA record has been stored in the State or | ||
national DNA identification index in accordance with this | ||
Section by the Illinois State Police, the DNA record shall be | ||
expunged from the DNA identification index, and the Department | ||
shall by rule prescribe procedures to ensure that the record |
and any specimens, analyses, or other documents relating to | ||
such record, whether in the possession of the Department or | ||
any law enforcement or police agency, or any forensic DNA | ||
laboratory, including any duplicates or copies thereof, are | ||
destroyed and a letter is sent to the court verifying the | ||
expungement is completed. For specimens required to be | ||
collected prior to conviction, unless the individual has other | ||
charges or convictions that require submission of a specimen, | ||
the DNA record for an individual shall be expunged from the DNA | ||
identification databases and the specimen destroyed upon | ||
receipt of a certified copy of a final court order for each | ||
charge against an individual in which the charge has been | ||
dismissed, resulted in acquittal, or that the charge was not | ||
filed within the applicable time period. The Department shall | ||
by rule prescribe procedures to ensure that the record and any | ||
specimens in the possession or control of the Department are | ||
destroyed and a letter is sent to the court verifying the | ||
expungement is completed. | ||
(f-5) Any person who intentionally uses genetic marker | ||
grouping analysis information, or any other information | ||
derived from a DNA specimen, beyond the authorized uses as | ||
provided under this Section, or any other Illinois law, is | ||
guilty of a Class 4 felony , and shall be subject to a fine of | ||
not less than $5,000. | ||
(f-6) The Illinois State Police may contract with third | ||
parties for the purposes of implementing Public Act 93-216 |
this amendatory Act of the 93rd General Assembly , except as | ||
provided in subsection (n) of this Section. Any other party | ||
contracting to carry out the functions of this Section shall | ||
be subject to the same restrictions and requirements of this | ||
Section insofar as applicable, as the Illinois State Police, | ||
and to any additional restrictions imposed by the Illinois | ||
State Police. | ||
(g) For the purposes of this Section, "qualifying offense" | ||
means any of the following: | ||
(1) any violation or inchoate violation of Section | ||
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of | ||
2012; | ||
(1.1) any violation or inchoate violation of Section | ||
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||
18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 for which persons are | ||
convicted on or after July 1, 2001; | ||
(2) any former statute of this State which defined a | ||
felony sexual offense; | ||
(3) (blank); | ||
(4) any inchoate violation of Section 9-3.1, 9-3.4, | ||
11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012; or | ||
(5) any violation or inchoate violation of Article 29D | ||
of the Criminal Code of 1961 or the Criminal Code of 2012. |
(g-5) (Blank). | ||
(h) The Illinois State Police shall be the State central | ||
repository for all genetic marker grouping analysis | ||
information obtained pursuant to this Act. The Illinois State | ||
Police may promulgate rules for the form and manner of the | ||
collection of blood, saliva, or tissue specimens and other | ||
procedures for the operation of this Act. The provisions of | ||
the Administrative Review Law shall apply to all actions taken | ||
under the rules so promulgated. | ||
(i)(1) A person required to provide a blood, saliva, or | ||
tissue specimen shall cooperate with the collection of the | ||
specimen and any deliberate act by that person intended to | ||
impede, delay or stop the collection of the blood, saliva, or | ||
tissue specimen is a Class 4 felony. | ||
(2) In the event that a person's DNA specimen is not | ||
adequate for any reason, the person shall provide another DNA | ||
specimen for analysis. Duly authorized law enforcement and | ||
corrections personnel may employ reasonable force in cases in | ||
which an individual refuses to provide a DNA specimen required | ||
under this Act. | ||
(j) (Blank). | ||
(k) All analysis and categorization assessments provided | ||
under the Criminal and Traffic Assessment Assessments Act to | ||
the State Crime Laboratory Fund shall be regulated as follows: | ||
(1) (Blank). | ||
(2) (Blank). |
(3) Moneys deposited into the State Crime Laboratory | ||
Fund shall be used by Illinois State Police crime | ||
laboratories as designated by the Director of the Illinois | ||
State Police. These funds shall be in addition to any | ||
allocations made pursuant to existing laws and shall be | ||
designated for the exclusive use of State crime | ||
laboratories. These uses may include, but are not limited | ||
to, the following: | ||
(A) Costs incurred in providing analysis and | ||
genetic marker categorization as required by | ||
subsection (d). | ||
(B) Costs incurred in maintaining genetic marker | ||
groupings as required by subsection (e). | ||
(C) Costs incurred in the purchase and maintenance | ||
of equipment for use in performing analyses. | ||
(D) Costs incurred in continuing research and | ||
development of new techniques for analysis and genetic | ||
marker categorization. | ||
(E) Costs incurred in continuing education, | ||
training, and professional development of forensic | ||
scientists regularly employed by these laboratories. | ||
(l) The failure of a person to provide a specimen, or of | ||
any person or agency to collect a specimen, shall in no way | ||
alter the obligation of the person to submit such specimen, or | ||
the authority of the Illinois State Police or persons | ||
designated by the Illinois State Police to collect the |
specimen, or the authority of the Illinois State Police to | ||
accept, analyze and maintain the specimen or to maintain or | ||
upload results of genetic marker grouping analysis information | ||
into a State or national database. | ||
(m) If any provision of Public Act 93-216 this amendatory | ||
Act of the 93rd General Assembly is held unconstitutional or | ||
otherwise invalid, the remainder of Public Act 93-216 this | ||
amendatory Act of the 93rd General Assembly is not affected. | ||
(n) Neither the Illinois State Police, the Division of | ||
Forensic Services, nor any laboratory of the Division of | ||
Forensic Services may contract out forensic testing for the | ||
purpose of an active investigation or a matter pending before | ||
a court of competent jurisdiction without the written consent | ||
of the prosecuting agency. For the purposes of this subsection | ||
(n), "forensic testing" includes the analysis of physical | ||
evidence in an investigation or other proceeding for the | ||
prosecution of a violation of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or for matters adjudicated under the | ||
Juvenile Court Act of 1987 , and includes the use of forensic | ||
databases and databanks, including DNA, firearm, and | ||
fingerprint databases, and expert testimony. | ||
(o) Mistake does not invalidate a database match. The | ||
detention, arrest, or conviction of a person based upon a | ||
database match or database information is not invalidated if | ||
it is determined that the specimen was obtained or placed in | ||
the database by mistake. |
(p) This Section may be referred to as the Illinois DNA | ||
Database Law of 2011. | ||
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||
103-51, eff. 1-1-24; revised 1-2-24.) | ||
(730 ILCS 5/5-4.5-105) | ||
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | ||
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | ||
(a) On or after January 1, 2016 ( the effective date of | ||
Public Act 99-69) this amendatory Act of the 99th General | ||
Assembly , when a person commits an offense and the person is | ||
under 18 years of age at the time of the commission of the | ||
offense, the court, at the sentencing hearing conducted under | ||
Section 5-4-1, shall consider the following additional factors | ||
in mitigation in determining the appropriate sentence: | ||
(1) the person's age, impetuosity, and level of | ||
maturity at the time of the offense, including the ability | ||
to consider risks and consequences of behavior, and the | ||
presence of cognitive or developmental disability, or | ||
both, if any; | ||
(2) whether the person was subjected to outside | ||
pressure, including peer pressure, familial pressure, or | ||
negative influences; | ||
(3) the person's family, home environment, educational | ||
and social background, including any history of parental | ||
neglect, domestic or sexual violence, sexual exploitation, |
physical abuse, or other childhood trauma including | ||
adverse childhood experiences (or ACEs); | ||
(4) the person's potential for rehabilitation or | ||
evidence of rehabilitation, or both; | ||
(5) the circumstances of the offense; | ||
(6) the person's degree of participation and specific | ||
role in the offense, including the level of planning by | ||
the defendant before the offense; | ||
(7) whether the person was able to meaningfully | ||
participate in his or her defense; | ||
(8) the person's prior juvenile or criminal history; | ||
(9) the person's involvement in the child welfare | ||
system; | ||
(10) involvement of the person in the community; | ||
(11) if a comprehensive mental health evaluation of | ||
the person was conducted by a qualified mental health | ||
professional, the outcome of the evaluation; and | ||
(12) 12 any other information the court finds relevant | ||
and reliable, including an expression of remorse, if | ||
appropriate. However, if the person, on advice of counsel | ||
chooses not to make a statement, the court shall not | ||
consider a lack of an expression of remorse as an | ||
aggravating factor. | ||
(b) The trial judge shall specify on the record its | ||
consideration of the factors under subsection (a) of this | ||
Section. |
(c) Notwithstanding any other provision of law, if the | ||
court determines by clear and convincing evidence that the | ||
individual against whom the person is convicted of committing | ||
the offense previously committed a crime under Section 10-9, | ||
Section 11-1.20, Section 11-1.30, Section 11-1.40, Section | ||
11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, | ||
Section 11-6.6, Section 11-9.1, Section 11-14.3, Section | ||
11-14.4 or Section 11-18.1 of the under Criminal Code of 2012 | ||
against the person within 3 years before the offense in which | ||
the person was convicted, the court may, in its discretion: | ||
(1) transfer the person to juvenile court for | ||
sentencing under Section 5-710 of the Juvenile Court Act | ||
of 1987; | ||
(2) depart from any mandatory minimum sentence, | ||
maximum sentence, or sentencing enhancement; or | ||
(3) suspend any portion of an otherwise applicable | ||
sentence. | ||
(d) Subsection (c) shall be construed as prioritizing the | ||
successful treatment and rehabilitation of persons under 18 | ||
years of age who are sex crime victims who commit acts of | ||
violence against their abusers. It is the General Assembly's | ||
intent that these persons be viewed as victims and provided | ||
treatment and services in the community and in the , juvenile | ||
or family court system. | ||
(e) Except as provided in subsections (f) and (g) (d) , the | ||
court may sentence the defendant to any disposition authorized |
for the class of the offense of which he or she was found | ||
guilty as described in Article 4.5 of this Code, and may, in | ||
its discretion, decline to impose any otherwise applicable | ||
sentencing enhancement based upon firearm possession, | ||
possession with personal discharge, or possession with | ||
personal discharge that proximately causes great bodily harm, | ||
permanent disability, permanent disfigurement, or death to | ||
another person. | ||
(f) Notwithstanding any other provision of law, if the | ||
defendant is convicted of first degree murder and would | ||
otherwise be subject to sentencing under clause (iii), (iv), | ||
(v), or (vii) of subparagraph (c) of paragraph (1) of | ||
subsection (a) of Section 5-8-1 of this Code based on the | ||
category of persons identified therein, the court shall impose | ||
a sentence of not less than 40 years of imprisonment, except | ||
for persons convicted of first degree murder where subsection | ||
(c) applies. In addition, the court may, in its discretion, | ||
decline to impose the sentencing enhancements based upon the | ||
possession or use of a firearm during the commission of the | ||
offense included in subsection (d) of Section 5-8-1. | ||
(g) (d) Fines and assessments, such as fees or | ||
administrative costs, shall not be ordered or imposed against | ||
a minor subject to this Code or against the minor's parent, | ||
guardian, or legal custodian. For the purposes of this | ||
subsection (g) this amendatory Act of the 103rd General | ||
Assembly , "minor" has the meaning provided in Section 1-3 of |
the Juvenile Court Act of 1987 and includes any minor under the | ||
age of 18 transferred to adult court or excluded from juvenile | ||
court jurisdiction under Article V of the Juvenile Court Act | ||
of 1987. | ||
(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23; | ||
revised 9-14-23.) | ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||
Sec. 5-6-3. Conditions of probation and of conditional | ||
discharge. | ||
(a) The conditions of probation and of conditional | ||
discharge shall be that the person: | ||
(1) not violate any criminal statute of any | ||
jurisdiction; | ||
(2) report to or appear in person before such person | ||
or agency as directed by the court. To comply with the | ||
provisions of this paragraph (2), in lieu of requiring the | ||
person on probation or conditional discharge to appear in | ||
person for the required reporting or meetings, the officer | ||
may utilize technology, including cellular and other | ||
electronic communication devices or platforms, that allow | ||
for communication between the supervised person and the | ||
officer in accordance with standards and guidelines | ||
established by the Administrative Office of the Illinois | ||
Courts; | ||
(3) refrain from possessing a firearm or other |
dangerous weapon where the offense is a felony or, if a | ||
misdemeanor, the offense involved the intentional or | ||
knowing infliction of bodily harm or threat of bodily | ||
harm; | ||
(4) not leave the State without the consent of the | ||
court or, in circumstances in which the reason for the | ||
absence is of such an emergency nature that prior consent | ||
by the court is not possible, without the prior | ||
notification and approval of the person's probation | ||
officer. Transfer of a person's probation or conditional | ||
discharge supervision to another state is subject to | ||
acceptance by the other state pursuant to the Interstate | ||
Compact for Adult Offender Supervision; | ||
(5) permit the probation officer to visit him at his | ||
home or elsewhere to the extent necessary to discharge his | ||
duties; | ||
(6) perform no less than 30 hours of community service | ||
and not more than 120 hours of community service, if | ||
community service is available in the jurisdiction and is | ||
funded and approved by the county board where the offense | ||
was committed, where the offense was related to or in | ||
furtherance of the criminal activities of an organized | ||
gang and was motivated by the offender's membership in or | ||
allegiance to an organized gang. The community service | ||
shall include, but not be limited to, the cleanup and | ||
repair of any damage caused by a violation of Section |
21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 and similar damage to property located within the | ||
municipality or county in which the violation occurred. | ||
When possible and reasonable, the community service should | ||
be performed in the offender's neighborhood. For purposes | ||
of this Section, "organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois Streetgang Terrorism | ||
Omnibus Prevention Act. The court may give credit toward | ||
the fulfillment of community service hours for | ||
participation in activities and treatment as determined by | ||
court services. Community service shall not interfere with | ||
the school hours, school-related activities, or work | ||
commitments of the minor or the minor's parent, guardian, | ||
or legal custodian; | ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to probation or conditional discharge for a | ||
misdemeanor or felony in a county of 3,000,000 or more | ||
inhabitants and has not been previously convicted of a | ||
misdemeanor or felony, may be required by the sentencing | ||
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 approved by the court. The | ||
person on probation or conditional discharge must attend a | ||
public institution of education to obtain the educational |
or vocational training required by this paragraph (7). The | ||
court shall revoke the probation or conditional discharge | ||
of a person who willfully fails to comply with this | ||
paragraph (7). The person on probation or conditional | ||
discharge shall be required to pay for the cost of the | ||
educational courses or high school equivalency testing if | ||
a fee is charged for those courses or testing. The court | ||
shall resentence the offender whose probation or | ||
conditional discharge has been revoked as provided in | ||
Section 5-6-4. This paragraph (7) does not apply to a | ||
person who has a high school diploma or has successfully | ||
passed high school equivalency testing. This paragraph (7) | ||
does not apply to a person 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; | ||
(8) if convicted of possession of a substance | ||
prohibited by the Cannabis Control Act, the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act after a previous conviction | ||
or disposition of supervision for possession of a | ||
substance prohibited by the Cannabis Control Act or | ||
Illinois Controlled Substances Act or after a sentence of | ||
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 and upon a finding by the court that the | ||
person is addicted, undergo treatment at a substance abuse | ||
program approved by the court; | ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex Offender Management Board Act, the person shall | ||
undergo and successfully complete sex offender treatment | ||
by a treatment provider approved by the Board and | ||
conducted in conformance with the standards developed | ||
under the Sex Offender Management Board Act; | ||
(8.6) if convicted of a sex offense as defined in the | ||
Sex Offender Management Board Act, refrain from residing | ||
at the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of | ||
Corrections licensed transitional housing facility for sex | ||
offenders; | ||
(8.7) if convicted for an offense committed on or | ||
after June 1, 2008 (the effective date of Public Act | ||
95-464) that would qualify the accused as a child sex | ||
offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, | ||
refrain from communicating with or contacting, by means of |
the Internet, a person who is not related to the accused | ||
and whom the accused reasonably believes to be under 18 | ||
years of age; for purposes of this paragraph (8.7), | ||
"Internet" has the meaning ascribed to it in Section | ||
16-0.1 of the Criminal Code of 2012; and a person is not | ||
related to the accused if the person is not: (i) the | ||
spouse, brother, or sister of the accused; (ii) a | ||
descendant of the accused; (iii) a first or second cousin | ||
of the accused; or (iv) a step-child or adopted child of | ||
the accused; | ||
(8.8) if convicted for an offense under Section 11-6, | ||
11-9.1, 11-14.4 that involves soliciting for a juvenile | ||
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or any attempt to commit any of these offenses, committed | ||
on or after June 1, 2009 (the effective date of Public Act | ||
95-983): | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's probation |
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough | ||
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or | ||
software systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the offender's probation officer; | ||
(8.9) if convicted of a sex offense as defined in the | ||
Sex Offender Registration Act committed on or after | ||
January 1, 2010 (the effective date of Public Act 96-262), | ||
refrain from accessing or using a social networking | ||
website as defined in Section 17-0.5 of the Criminal Code | ||
of 2012; | ||
(9) if convicted of a felony or of any misdemeanor | ||
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||
12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 that was determined, pursuant to Section 112A-11.1 of | ||
the Code of Criminal Procedure of 1963, to trigger the |
prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||
at a time and place designated by the court, his or her | ||
Firearm Owner's Identification Card and any and all | ||
firearms in his or her possession. The Court shall return | ||
to the Illinois State Police Firearm Owner's | ||
Identification Card Office the person's Firearm Owner's | ||
Identification Card; | ||
(10) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial | ||
minors are present, not participate in a holiday event | ||
involving children under 18 years of age, such as | ||
distributing candy or other items to children on | ||
Halloween, wearing a Santa Claus costume on or preceding | ||
Christmas, being employed as a department store Santa | ||
Claus, or wearing an Easter Bunny costume on or preceding | ||
Easter; | ||
(11) if convicted of a sex offense as defined in | ||
Section 2 of the Sex Offender Registration Act committed | ||
on or after January 1, 2010 (the effective date of Public | ||
Act 96-362) that requires the person to register as a sex | ||
offender under that Act, may not knowingly use any | ||
computer scrub software on any computer that the sex | ||
offender uses; | ||
(12) if convicted of a violation of the |
Methamphetamine Control and Community Protection Act, the | ||
Methamphetamine Precursor Control Act, or a | ||
methamphetamine related offense: | ||
(A) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
pseudoephedrine unless prescribed by a physician; and | ||
(B) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
ammonium nitrate; and | ||
(13) if convicted of a hate crime involving the | ||
protected class identified in subsection (a) of Section | ||
12-7.1 of the Criminal Code of 2012 that gave rise to the | ||
offense the offender committed, perform public or | ||
community service of no less than 200 hours and enroll in | ||
an educational program discouraging hate crimes that | ||
includes racial, ethnic, and cultural sensitivity training | ||
ordered by the court. | ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the nature of the offense or the | ||
rehabilitation of the defendant as determined for each | ||
defendant in the proper discretion of the Court require that | ||
the person: | ||
(1) serve a term of periodic imprisonment under | ||
Article 7 for a period not to exceed that specified in | ||
paragraph (d) of Section 5-7-1; | ||
(2) pay a fine and costs; |
(3) work or pursue a course of study or vocational | ||
training; | ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or treatment for drug addiction or alcoholism; | ||
(5) attend or reside in a facility established for the | ||
instruction or residence of defendants on probation; | ||
(6) support his dependents; | ||
(7) and in addition, if a minor: | ||
(i) reside with his parents or in a foster home; | ||
(ii) attend school; | ||
(iii) attend a non-residential program for youth; | ||
(iv) provide nonfinancial contributions to his own | ||
support at home or in a foster home; | ||
(v) with the consent of the superintendent of the | ||
facility, attend an educational program at a facility | ||
other than the school in which the offense was | ||
committed if he or she is convicted of a crime of | ||
violence as defined in Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the real | ||
property comprising a school, or within 1,000 feet of | ||
the real property comprising a school; | ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code; | ||
(9) perform some reasonable public or community | ||
service; | ||
(10) serve a term of home confinement. In addition to |
any other applicable condition of probation or conditional | ||
discharge, the conditions of home confinement shall be | ||
that the offender: | ||
(i) remain within the interior premises of the | ||
place designated for his confinement during the hours | ||
designated by the court; | ||
(ii) admit any person or agent designated by the | ||
court into the offender's place of confinement at any | ||
time for purposes of verifying the offender's | ||
compliance with the conditions of his confinement; and | ||
(iii) if further deemed necessary by the court or | ||
the probation or court services department Probation | ||
or Court Services Department , be placed on an approved | ||
electronic monitoring device, subject to Article 8A of | ||
Chapter V; | ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled substance violation who are | ||
placed on an approved monitoring device as a condition | ||
of probation or conditional discharge, the court shall | ||
impose a reasonable fee for each day of the use of the | ||
device, as established by the county board in | ||
subsection (g) of this Section, unless after | ||
determining the inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees imposed under subsections (g) and (i) of this |
Section. The fee shall be collected by the clerk of the | ||
circuit court, except as provided in an administrative | ||
order of the Chief Judge of the circuit court. The | ||
clerk of the circuit court shall pay all monies | ||
collected from this fee to the county treasurer for | ||
deposit in the substance abuse services fund under | ||
Section 5-1086.1 of the Counties Code, except as | ||
provided in an administrative order of the Chief Judge | ||
of the circuit court. | ||
The Chief Judge of the circuit court of the county | ||
may by administrative order establish a program for | ||
electronic monitoring of offenders, in which a vendor | ||
supplies and monitors the operation of the electronic | ||
monitoring device, and collects the fees on behalf of | ||
the county. The program shall include provisions for | ||
indigent offenders and the collection of unpaid fees. | ||
The program shall not unduly burden the offender and | ||
shall be subject to review by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend | ||
any additional charges or fees for late payment, | ||
interest, or damage to any device; and | ||
(v) for persons convicted of offenses other than | ||
those referenced in clause (iv) above and who are | ||
placed on an approved monitoring device as a condition | ||
of probation or conditional discharge, the court shall | ||
impose a reasonable fee for each day of the use of the |
device, as established by the county board in | ||
subsection (g) of this Section, unless after | ||
determining the inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees imposed under subsections (g) and (i) of this | ||
Section. The fee shall be collected by the clerk of the | ||
circuit court, except as provided in an administrative | ||
order of the Chief Judge of the circuit court. The | ||
clerk of the circuit court shall pay all monies | ||
collected from this fee to the county treasurer who | ||
shall use the monies collected to defray the costs of | ||
corrections. The county treasurer shall deposit the | ||
fee collected in the probation and court services | ||
fund. The Chief Judge of the circuit court of the | ||
county may by administrative order establish a program | ||
for electronic monitoring of offenders, in which a | ||
vendor supplies and monitors the operation of the | ||
electronic monitoring device, and collects the fees on | ||
behalf of the county. The program shall include | ||
provisions for indigent offenders and the collection | ||
of unpaid fees. The program shall not unduly burden | ||
the offender and shall be subject to review by the | ||
Chief Judge. | ||
The Chief Judge of the circuit court may suspend | ||
any additional charges or fees for late payment, |
interest, or damage to any device. | ||
(11) comply with the terms and conditions of an order | ||
of protection issued by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986, as now or hereafter | ||
amended, or an order of protection issued by the court of | ||
another state, tribe, or United States territory. A copy | ||
of the order of protection shall be transmitted to the | ||
probation officer or agency having responsibility for the | ||
case; | ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7 of the Anti-Crime Advisory Council | ||
Act for any reasonable expenses incurred by the program on | ||
the offender's case, not to exceed the maximum amount of | ||
the fine authorized for the offense for which the | ||
defendant was sentenced; | ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum amount of the fine authorized for the | ||
offense for which the defendant was sentenced, (i) to a | ||
"local anti-crime program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act, or (ii) for offenses | ||
under the jurisdiction of the Department of Natural | ||
Resources, to the fund established by the Department of | ||
Natural Resources for the purchase of evidence for | ||
investigation purposes and to conduct investigations as | ||
outlined in Section 805-105 of the Department of Natural | ||
Resources (Conservation) Law; |
(14) refrain from entering into a designated | ||
geographic area except upon such terms as the court finds | ||
appropriate. Such terms may include consideration of the | ||
purpose of the entry, the time of day, other persons | ||
accompanying the defendant, and advance approval by a | ||
probation officer, if the defendant has been placed on | ||
probation or advance approval by the court, if the | ||
defendant was placed on conditional discharge; | ||
(15) refrain from having any contact, directly or | ||
indirectly, with certain specified persons or particular | ||
types of persons, including , but not limited to , members | ||
of street gangs and drug users or dealers; | ||
(16) refrain from having in his or her body the | ||
presence of any illicit drug prohibited by the Illinois | ||
Controlled Substances Act or the Methamphetamine Control | ||
and Community Protection Act, unless prescribed by a | ||
physician, and submit samples of his or her blood or urine | ||
or both for tests to determine the presence of any illicit | ||
drug; | ||
(17) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) | ||
that would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, refrain from | ||
communicating with or contacting, by means of the | ||
Internet, a person who is related to the accused and whom |
the accused reasonably believes to be under 18 years of | ||
age; for purposes of this paragraph (17), "Internet" has | ||
the meaning ascribed to it in Section 16-0.1 of the | ||
Criminal Code of 2012; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or | ||
sister of the accused; (ii) a descendant of the accused; | ||
(iii) a first or second cousin of the accused; or (iv) a | ||
step-child or adopted child of the accused; | ||
(18) if convicted for an offense committed on or after | ||
June 1, 2009 (the effective date of Public Act 95-983) | ||
that would qualify as a sex offense as defined in the Sex | ||
Offender Registration Act: | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's probation | ||
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, |
equipment, or device to conduct a more thorough | ||
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
subject's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the offender's probation officer; and | ||
(19) refrain from possessing a firearm or other | ||
dangerous weapon where the offense is a misdemeanor that | ||
did not involve the intentional or knowing infliction of | ||
bodily harm or threat of bodily harm. | ||
(c) The court may as a condition of probation or of | ||
conditional discharge require that a person under 18 years of | ||
age found guilty of any alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring a driver's license | ||
during the period of probation or conditional discharge. If | ||
such person is in possession of a permit or license, the court | ||
may require that the minor refrain from driving or operating | ||
any motor vehicle during the period of probation or | ||
conditional discharge, except as may be necessary in the | ||
course of the minor's lawful employment. | ||
(d) An offender sentenced to probation or to conditional | ||
discharge shall be given a certificate setting forth the |
conditions thereof. | ||
(e) Except where the offender has committed a fourth or | ||
subsequent violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code, the court shall not require as a | ||
condition of the sentence of probation or conditional | ||
discharge that the offender be committed to a period of | ||
imprisonment in excess of 6 months. This 6-month limit shall | ||
not include periods of confinement given pursuant to a | ||
sentence of county impact incarceration under Section 5-8-1.2. | ||
Persons committed to imprisonment as a condition of | ||
probation or conditional discharge shall not be committed to | ||
the Department of Corrections. | ||
(f) The court may combine a sentence of periodic | ||
imprisonment under Article 7 or a sentence to a county impact | ||
incarceration program under Article 8 with a sentence of | ||
probation or conditional discharge. | ||
(g) An offender sentenced to probation or to conditional | ||
discharge and who during the term of either undergoes | ||
mandatory drug or alcohol testing, or both, or is assigned to | ||
be placed on an approved electronic monitoring device, shall | ||
be ordered to pay all costs incidental to such mandatory drug | ||
or alcohol testing, or both, and all costs incidental to such | ||
approved electronic monitoring in accordance with the | ||
defendant's ability to pay those costs. The county board with | ||
the concurrence of the Chief Judge of the judicial circuit in | ||
which the county is located shall establish reasonable fees |
for the cost of maintenance, testing, and incidental expenses | ||
related to the mandatory drug or alcohol testing, or both, and | ||
all costs incidental to approved electronic monitoring, | ||
involved in a successful probation program for the county. The | ||
concurrence of the Chief Judge shall be in the form of an | ||
administrative order. The fees shall be collected by the clerk | ||
of the circuit court, except as provided in an administrative | ||
order of the Chief Judge of the circuit court. The clerk of the | ||
circuit court shall pay all moneys collected from these fees | ||
to the county treasurer who shall use the moneys collected to | ||
defray the costs of drug testing, alcohol testing, and | ||
electronic monitoring. The county treasurer shall deposit the | ||
fees collected in the county working cash fund under Section | ||
6-27001 or Section 6-29002 of the Counties Code, as the case | ||
may be. The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring device, | ||
and collects the fees on behalf of the county. The program | ||
shall include provisions for indigent offenders and the | ||
collection of unpaid fees. The program shall not unduly burden | ||
the offender and shall be subject to review by the Chief Judge. | ||
A person shall not be assessed costs or fees for mandatory | ||
testing for drugs, alcohol, or both, if the person is an | ||
indigent person as defined in paragraph (2) of subsection (a) | ||
of Section 5-105 of the Code of Civil Procedure. |
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device. | ||
(h) Jurisdiction over an offender may be transferred from | ||
the sentencing court to the court of another circuit with the | ||
concurrence of both courts. Further transfers or retransfers | ||
of jurisdiction are also authorized in the same manner. The | ||
court to which jurisdiction has been transferred shall have | ||
the same powers as the sentencing court. The probation | ||
department within the circuit to which jurisdiction has been | ||
transferred, or which has agreed to provide supervision, may | ||
impose probation fees upon receiving the transferred offender, | ||
as provided in subsection (i). For all transfer cases, as | ||
defined in Section 9b of the Probation and Probation Officers | ||
Act, the probation department from the original sentencing | ||
court shall retain all probation fees collected prior to the | ||
transfer. After the transfer, all probation fees shall be paid | ||
to the probation department within the circuit to which | ||
jurisdiction has been transferred. | ||
(i) The court shall impose upon an offender sentenced to | ||
probation after January 1, 1989 or to conditional discharge | ||
after January 1, 1992 or to community service under the | ||
supervision of a probation or court services department after | ||
January 1, 2004, as a condition of such probation or | ||
conditional discharge or supervised community service, a fee | ||
of $50 for each month of probation or conditional discharge |
supervision or supervised community service ordered by the | ||
court, unless after determining the inability of the person | ||
sentenced to probation or conditional discharge or supervised | ||
community service to pay the fee, the court assesses a lesser | ||
fee. The court may not impose the fee on a minor who is placed | ||
in the guardianship or custody of the Department of Children | ||
and Family Services under the Juvenile Court Act of 1987 while | ||
the minor is in placement. The fee shall be imposed only upon | ||
an offender who is actively supervised by the probation and | ||
court services department. The fee shall be collected by the | ||
clerk of the circuit court. The clerk of the circuit court | ||
shall pay all monies collected from this fee to the county | ||
treasurer for deposit in the probation and court services fund | ||
under Section 15.1 of the Probation and Probation Officers | ||
Act. | ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25 per month unless the circuit | ||
court has adopted, by administrative order issued by the Chief | ||
Judge chief judge , a standard probation fee guide determining | ||
an offender's ability to pay. Of the amount collected as a | ||
probation fee, up to $5 of that fee collected per month may be | ||
used to provide services to crime victims and their families. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, | ||
with the approval of the Director of Court Services or the |
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum. Any | ||
offender that has been assigned to the supervision of a | ||
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate | ||
compact, shall be required to pay probation fees to the | ||
department supervising the offender, based on the offender's | ||
ability to pay. | ||
Public Act 93-970 deletes the $10 increase in the fee | ||
under this subsection that was imposed by Public Act 93-616. | ||
This deletion is intended to control over any other Act of the | ||
93rd General Assembly that retains or incorporates that fee | ||
increase. | ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation | ||
department has determined to be sexually motivated (as defined | ||
in the Sex Offender Management Board Act), the court or the | ||
probation department shall assess additional fees to pay for | ||
all costs of treatment, assessment, evaluation for risk and | ||
treatment, and monitoring the offender, based on that | ||
offender's ability to pay those costs either as they occur or | ||
under a payment plan. | ||
(j) All fines and costs 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. | ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in | ||
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department. | ||
(l) The court may order an offender who is sentenced to | ||
probation or conditional discharge for a violation of an order | ||
of protection be placed under electronic surveillance as | ||
provided in Section 5-8A-7 of this Code. | ||
(m) Except for restitution, and assessments issued for | ||
adjudications under Section 5-125 of the Juvenile Court Act of | ||
1987, fines and assessments, such as fees or administrative | ||
costs, authorized under this Section shall not be ordered or | ||
imposed on a minor subject to Article III, IV, or V of the | ||
Juvenile Court Act of 1987, or a minor under the age of 18 | ||
transferred to adult court or excluded from juvenile court | ||
jurisdiction under Article V of the Juvenile Court Act of |
1987, or the minor's parent, guardian, or legal custodian. | ||
(n) (m) A person on probation, conditional discharge, or | ||
supervision shall not be ordered to refrain from having | ||
cannabis or alcohol in his or her body unless: | ||
(1) the person is under 21 years old; | ||
(2) the person was sentenced to probation, conditional | ||
discharge, or supervision for an offense which had as an | ||
element of the offense the presence of an intoxicating | ||
compound in the person's body; | ||
(3) the person is participating in a problem-solving | ||
court certified by the Illinois Supreme Court; | ||
(4) the person has undergone a validated clinical | ||
assessment and the clinical treatment plan includes | ||
alcohol or cannabis testing; or | ||
(5) a court ordered evaluation recommends that the | ||
person refrain from using alcohol or cannabis, provided | ||
the evaluation is a validated clinical assessment and the | ||
recommendation originates from a clinical treatment plan. | ||
If the court has made findings that alcohol use was a | ||
contributing factor in the commission of the underlying | ||
offense, the court may order a person on probation, | ||
conditional discharge, or supervision to refrain from having | ||
alcohol in his or her body during the time between sentencing | ||
and the completion of a validated clinical assessment, | ||
provided that such order shall not exceed 30 days and shall be | ||
terminated if the clinical treatment plan does not recommend |
abstinence or testing, or both. | ||
In this subsection (n) (m) , "validated clinical | ||
assessment" and "clinical treatment plan" have the meanings | ||
ascribed to them in Section 10 of the Drug Court Treatment Act. | ||
In any instance in which the court orders testing for | ||
cannabis or alcohol, the court shall state the reasonable | ||
relation the condition has to the person's crime for which the | ||
person was placed on probation, conditional discharge, or | ||
supervision. | ||
(o) (n) A person on probation, conditional discharge, or | ||
supervision shall not be ordered to refrain from use or | ||
consumption of any substance lawfully prescribed by a medical | ||
provider or authorized by the Compassionate Use of Medical | ||
Cannabis Program Act, except where use is prohibited in | ||
paragraph (3) or (4) of subsection (n) (m) . | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. | ||
1-1-24; revised 12-15-23.) | ||
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4) | ||
Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||
not-for-profit laboratory registered with the Drug Enforcement | ||
Administration of the United States Department of Justice, | ||
substantially funded by a unit or combination of units of | ||
local government or the State of Illinois, which regularly | ||
employs at least one person engaged in the analysis of |
controlled substances, cannabis, methamphetamine, or steroids | ||
for criminal justice agencies in criminal matters and provides | ||
testimony with respect to such examinations. | ||
(b) (Blank). | ||
(c) (Blank). | ||
(c-1) A criminal laboratory analysis assessment, or | ||
equivalent fine or assessment, such as fees or administrative | ||
costs, shall not be ordered or imposed on a minor subject to | ||
Article III, IV, or V of the Juvenile Court Act of 1987, or a | ||
minor under the age of 18 transferred to adult court or | ||
excluded from juvenile court jurisdiction under Article V of | ||
the Juvenile Court Act of 1987, or the minor's parent, | ||
guardian, or legal custodian. | ||
(d) Notwithstanding subsection (c-1) of this Section, all | ||
funds provided for by this Section shall be collected by the | ||
clerk of the court and forwarded to the appropriate crime | ||
laboratory fund as provided in subsection (f). | ||
(e) Crime laboratory funds shall be established as | ||
follows: | ||
(1) Any unit of local government which maintains a | ||
crime laboratory may establish a crime laboratory fund | ||
within the office of the county or municipal treasurer. | ||
(2) Any combination of units of local government which | ||
maintains a crime laboratory may establish a crime | ||
laboratory fund within the office of the treasurer of the | ||
county where the crime laboratory is situated. |
(3) The State Crime Laboratory Fund is hereby created | ||
as a special fund in the State Treasury. | ||
(f) Funds shall be forwarded to the office of the | ||
treasurer of the unit of local government that performed the | ||
analysis if that unit of local government has established a | ||
crime laboratory fund, or to the State Crime Laboratory Fund | ||
if the analysis was performed by a laboratory operated by the | ||
Illinois State Police. If the analysis was performed by a | ||
crime laboratory funded by a combination of units of local | ||
government, the funds shall be forwarded to the treasurer of | ||
the county where the crime laboratory is situated if a crime | ||
laboratory fund has been established in that county. If the | ||
unit of local government or combination of units of local | ||
government has not established a crime laboratory fund, then | ||
the funds shall be forwarded to the State Crime Laboratory | ||
Fund. | ||
(g) Moneys deposited into a crime laboratory fund created | ||
pursuant to paragraph (1) or (2) of subsection (e) of this | ||
Section shall be in addition to any allocations made pursuant | ||
to existing law and shall be designated for the exclusive use | ||
of the crime laboratory. These uses may include, but are not | ||
limited to, the following: | ||
(1) costs incurred in providing analysis for | ||
controlled substances in connection with criminal | ||
investigations conducted within this State; | ||
(2) purchase and maintenance of equipment for use in |
performing analyses; and | ||
(3) continuing education, training, and professional | ||
development of forensic scientists regularly employed by | ||
these laboratories. | ||
(h) Moneys deposited in the State Crime Laboratory Fund | ||
created pursuant to paragraph (3) of subsection (d) of this | ||
Section shall be used by State crime laboratories as | ||
designated by the Director of the Illinois State Police. These | ||
funds shall be in addition to any allocations made pursuant to | ||
existing law and shall be designated for the exclusive use of | ||
State crime laboratories or for the sexual assault evidence | ||
tracking system created under Section 50 of the Sexual Assault | ||
Evidence Submission Act. These uses may include those | ||
enumerated in subsection (g) of this Section. | ||
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff. | ||
7-28-23; revised 9-14-23.) | ||
(730 ILCS 5/5-9-1.9) | ||
Sec. 5-9-1.9. DUI analysis. | ||
(a) "Crime laboratory" means a not-for-profit laboratory | ||
substantially funded by a single unit or combination of units | ||
of local government or the State of Illinois that regularly | ||
employs at least one person engaged in the DUI analysis of | ||
blood, other bodily substance, and urine for criminal justice | ||
agencies in criminal matters and provides testimony with |
respect to such examinations. | ||
"DUI analysis" means an analysis of blood, other bodily | ||
substance, or urine for purposes of determining whether a | ||
violation of Section 11-501 of the Illinois Vehicle Code has | ||
occurred. | ||
(b) (Blank). | ||
(c) (Blank). | ||
(c-1) A criminal laboratory DUI analysis assessment, or | ||
equivalent fine or assessment, such as fees or administrative | ||
costs, shall not be ordered or imposed on a minor subject to | ||
Article III, IV, or V of the Juvenile Court Act of 1987, or a | ||
minor under the age of 18 transferred to adult court or | ||
excluded from juvenile court jurisdiction under Article V of | ||
the Juvenile Court Act of 1987, or the minor's parent, | ||
guardian, or legal custodian. | ||
(d) Notwithstanding subsection (c-1), all funds provided | ||
for by this Section shall be collected by the clerk of the | ||
court and forwarded to the appropriate crime laboratory DUI | ||
fund as provided in subsection (f). | ||
(e) Crime laboratory funds shall be established as | ||
follows: | ||
(1) A unit of local government that maintains a crime | ||
laboratory may establish a crime laboratory DUI fund | ||
within the office of the county or municipal treasurer. | ||
(2) Any combination of units of local government that | ||
maintains a crime laboratory may establish a crime |
laboratory DUI fund within the office of the treasurer of | ||
the county where the crime laboratory is situated. | ||
(3) (Blank). | ||
(f) Notwithstanding subsection (c-1), all funds shall be | ||
forwarded to the office of the treasurer of the unit of local | ||
government that performed the analysis if that unit of local | ||
government has established a crime laboratory DUI fund, or | ||
remitted to the State Treasurer for deposit into the State | ||
Crime Laboratory Fund if the analysis was performed by a | ||
laboratory operated by the Illinois State Police. If the | ||
analysis was performed by a crime laboratory funded by a | ||
combination of units of local government, the funds shall be | ||
forwarded to the treasurer of the county where the crime | ||
laboratory is situated if a crime laboratory DUI fund has been | ||
established in that county. If the unit of local government or | ||
combination of units of local government has not established a | ||
crime laboratory DUI fund, then the funds shall be remitted to | ||
the State Treasurer for deposit into the State Crime | ||
Laboratory Fund. | ||
(g) Moneys deposited into a crime laboratory DUI fund | ||
created under paragraphs (1) and (2) of subsection (e) of this | ||
Section shall be in addition to any allocations made pursuant | ||
to existing law and shall be designated for the exclusive use | ||
of the crime laboratory. These uses may include, but are not | ||
limited to, the following: | ||
(1) Costs incurred in providing analysis for DUI |
investigations conducted within this State. | ||
(2) Purchase and maintenance of equipment for use in | ||
performing analyses. | ||
(3) Continuing education, training, and professional | ||
development of forensic scientists regularly employed by | ||
these laboratories. | ||
(h) Moneys deposited in the State Crime Laboratory Fund | ||
shall be used by State crime laboratories as designated by the | ||
Director of the Illinois State Police. These funds shall be in | ||
addition to any allocations made according to existing law and | ||
shall be designated for the exclusive use of State crime | ||
laboratories. These uses may include those enumerated in | ||
subsection (g) of this Section. | ||
(i) (Blank). | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; | ||
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. | ||
7-28-23; 103-379, eff. 7-28-23; revised 9-14-23.) | ||
Section 570. The Arsonist Registration Act is amended by | ||
changing Section 35 as follows: | ||
(730 ILCS 148/35) | ||
Sec. 35. Duty to report change of address, school, name, | ||
or employment. Any person who is required to register under | ||
this Act shall report in person to the appropriate law | ||
enforcement agency with whom he or she last registered within |
one year from the date of last registration and every year | ||
thereafter. If any person required to register under this Act | ||
changes his or her residence address, place of employment, or | ||
school, he or she shall, in writing, within 10 days inform the | ||
law enforcement agency with whom he or she last registered of | ||
his or her new address, change in employment, or school and | ||
register with the appropriate law enforcement agency within | ||
the time period specified in Section 10. Any person who is | ||
required to register under this Act and is granted a legal name | ||
change pursuant to subsection (b) of Section 21-101 of the | ||
Code of Civil Procedure shall, in writing, within 10 days | ||
inform the law enforcement agency with whom the person they | ||
last registered of the their name change. The law enforcement | ||
agency shall, within 3 days of receipt, notify the Illinois | ||
State Police and the law enforcement agency having | ||
jurisdiction of the new place of residence, change in | ||
employment, or school. If any person required to register | ||
under this Act establishes a residence or employment outside | ||
of the State of Illinois, within 10 days after establishing | ||
that residence or employment, he or she shall, in writing, | ||
inform the law enforcement agency with which he or she last | ||
registered of his or her out-of-state residence or employment. | ||
The law enforcement agency with which such person last | ||
registered shall, within 3 days' days notice of an address or | ||
employment change, notify the Illinois State Police. The | ||
Illinois State Police shall forward such information to the |
out-of-state law enforcement agency having jurisdiction in the | ||
form and manner prescribed by the Illinois State Police. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 575. The Sex Offender Registration Act is amended | ||
by changing Section 6 as follows: | ||
(730 ILCS 150/6) | ||
Sec. 6. Duty to report; change of address, school, name , | ||
or employment; duty to inform. A person who has been | ||
adjudicated to be sexually dangerous or is a sexually violent | ||
person and is later released, or found to be no longer sexually | ||
dangerous or no longer a sexually violent person and | ||
discharged, or convicted of a violation of this Act after July | ||
1, 2005, shall report in person to the law enforcement agency | ||
with whom he or she last registered no later than 90 days after | ||
the date of his or her last registration and every 90 days | ||
thereafter and at such other times at the request of the law | ||
enforcement agency not to exceed 4 times a year. Such sexually | ||
dangerous or sexually violent person must report all new or | ||
changed e-mail addresses, all new or changed instant messaging | ||
identities, all new or changed chat room identities, and all | ||
other new or changed Internet communications identities that | ||
the sexually dangerous or sexually violent person uses or | ||
plans to use, all new or changed Uniform Resource Locators |
(URLs) registered or used by the sexually dangerous or | ||
sexually violent person, and all new or changed blogs and | ||
other Internet sites maintained by the sexually dangerous or | ||
sexually violent person or to which the sexually dangerous or | ||
sexually violent person has uploaded any content or posted any | ||
messages or information. Any person who lacks a fixed | ||
residence must report weekly, in person, to the appropriate | ||
law enforcement agency where the sex offender is located. Any | ||
other person who is required to register under this Article | ||
shall report in person to the appropriate law enforcement | ||
agency with whom he or she last registered within one year from | ||
the date of last registration and every year thereafter and at | ||
such other times at the request of the law enforcement agency | ||
not to exceed 4 times a year. If any person required to | ||
register under this Article lacks a fixed residence or | ||
temporary domicile, he or she must notify, in person, the | ||
agency of jurisdiction of his or her last known address within | ||
3 days after ceasing to have a fixed residence and if the | ||
offender leaves the last jurisdiction of residence, he or she, | ||
must within 3 days after leaving register in person with the | ||
new agency of jurisdiction. If any other person required to | ||
register under this Article changes his or her residence | ||
address, place of employment, telephone number, cellular | ||
telephone number, or school, he or she shall report in person, | ||
to the law enforcement agency with whom he or she last | ||
registered, his or her new address, change in employment, |
telephone number, cellular telephone number, or school, all | ||
new or changed e-mail addresses, all new or changed instant | ||
messaging identities, all new or changed chat room identities, | ||
and all other new or changed Internet communications | ||
identities that the sex offender uses or plans to use, all new | ||
or changed Uniform Resource Locators (URLs) registered or used | ||
by the sex offender, and all new or changed blogs and other | ||
Internet sites maintained by the sex offender or to which the | ||
sex offender has uploaded any content or posted any messages | ||
or information, and register, in person, with the appropriate | ||
law enforcement agency within the time period specified in | ||
Section 3. If any person required to register under this | ||
Article is granted a legal name change pursuant to subsection | ||
(b) of Section 21-101 of the Code of Civil Procedure, the | ||
person they shall report, in person, within 3 days of the their | ||
legal name change, to the law enforcement agency with whom the | ||
person they last registered. If the sex offender is a child sex | ||
offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||
offender shall within 3 days after beginning to reside in a | ||
household with a child under 18 years of age who is not his or | ||
her own child, provided that his or her own child is not the | ||
victim of the sex offense, report that information to the | ||
registering law enforcement agency. The law enforcement agency | ||
shall, within 3 days of the reporting in person by the person | ||
required to register under this Article, notify the Illinois |
State Police of the new place of residence, change in | ||
employment, telephone number, cellular telephone number, or | ||
school. | ||
If any person required to register under this Article | ||
intends to establish a residence or employment outside of the | ||
State of Illinois, at least 10 days before establishing that | ||
residence or employment, he or she shall report in person to | ||
the law enforcement agency with which he or she last | ||
registered of his or her out-of-state intended residence or | ||
employment. The law enforcement agency with which such person | ||
last registered shall, within 3 days after the reporting in | ||
person of the person required to register under this Article | ||
of an address or employment change, notify the Illinois State | ||
Police. The Illinois State Police shall forward such | ||
information to the out-of-state law enforcement agency having | ||
jurisdiction in the form and manner prescribed by the Illinois | ||
State Police. | ||
(Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff. | ||
1-1-24; revised 12-15-23.) | ||
Section 580. The Murderer and Violent Offender Against | ||
Youth Registration Act is amended by changing Section 30 as | ||
follows: | ||
(730 ILCS 154/30) | ||
Sec. 30. Duty to report; change of address, school, name, |
or employment; duty to inform. Any violent offender against | ||
youth who is required to register under this Act shall report | ||
in person to the appropriate law enforcement agency with whom | ||
he or she last registered within one year from the date of last | ||
registration and every year thereafter and at such other times | ||
at the request of the law enforcement agency not to exceed 4 | ||
times a year. If any person required to register under this Act | ||
lacks a fixed residence or temporary domicile, he or she must | ||
notify, in person, the agency of jurisdiction of his or her | ||
last known address within 5 days after ceasing to have a fixed | ||
residence and if the offender leaves the last jurisdiction of | ||
residence, he or she must, within 48 hours after leaving, | ||
register in person with the new agency of jurisdiction. If any | ||
other person required to register under this Act changes his | ||
or her residence address, place of employment, or school, he | ||
or she shall report in person to the law enforcement agency | ||
with whom he or she last registered of his or her new address, | ||
change in employment, or school and register, in person, with | ||
the appropriate law enforcement agency within the time period | ||
specified in Section 10. The law enforcement agency shall, | ||
within 3 days of the reporting in person by the person required | ||
to register under this Act, notify the Illinois State Police | ||
of the new place of residence, change in employment, or | ||
school. If any person required to register under this Act is | ||
granted a legal name change pursuant to subsection (b) of | ||
Section 21-101 of the Code of Civil Procedure, the person they |
shall report, in person, within 5 days of receiving the their | ||
legal name change order, the their legal name change to the law | ||
enforcement agency with whom the person they last registered. | ||
If any person required to register under this Act intends | ||
to establish a residence or employment outside of the State of | ||
Illinois, at least 10 days before establishing that residence | ||
or employment, he or she shall report in person to the law | ||
enforcement agency with which he or she last registered of his | ||
or her out-of-state intended residence or employment. The law | ||
enforcement agency with which such person last registered | ||
shall, within 3 days after the reporting in person of the | ||
person required to register under this Act of an address or | ||
employment change, notify the Illinois State Police. The | ||
Illinois State Police shall forward such information to the | ||
out-of-state law enforcement agency having jurisdiction in the | ||
form and manner prescribed by the Illinois State Police. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 585. The End Youth Solitary Confinement Act is | ||
amended by changing Section 10 as follows: | ||
(730 ILCS 215/10) | ||
Sec. 10. Covered juvenile confinement. | ||
(a) In this Act: | ||
"Administrative hold" means the status assigned to a |
covered juvenile who is temporarily being housed in a | ||
particular covered juvenile center and includes, but is not | ||
limited to: a covered juvenile awaiting transfer to another | ||
juvenile detention center, a covered juvenile permanently | ||
assigned to another juvenile detention center being | ||
temporarily housed for purposes of attending court, the | ||
covered juvenile awaiting release, and the covered juvenile | ||
who was transferred to the Department of Corrections by | ||
mistake. | ||
"Behavioral hold" means the status assigned to a covered | ||
juvenile who is confined to the covered juvenile's own room or | ||
another area because he or she is engaging in dangerous | ||
behavior that poses a serious and immediate threat to his or | ||
her own safety, the safety of others, or the security of the | ||
juvenile detention center. | ||
"Chief administrative officer" means the highest ranking | ||
official of a juvenile detention center. | ||
"Confinement" means any instance when an individual | ||
covered juvenile is held for 15 minutes or more in a room, | ||
cell, or other area separated from other covered juveniles. | ||
Confinement may occur in locked or unlocked rooms. | ||
"Confinement" includes an administrative hold, behavioral | ||
hold, or investigative status. "Confinement" does not include | ||
medical isolation or quarantine, situations when a covered | ||
juvenile requests to go to his or her room, the movement of the | ||
covered juvenile between offices and classrooms while |
attending school, a covered juvenile who receives individual | ||
counseling or other therapeutic services, or staff who are in | ||
ongoing continuous conversation or processing with the covered | ||
juvenile , such as a cool down. | ||
"Covered juvenile" means any person under 21 years of age | ||
incarcerated in a Department of Juvenile Justice facility or | ||
any person under 18 years of age detained in a county facility | ||
under the authority of the local circuit court. | ||
"Investigative status" means a status assigned to a | ||
covered juvenile for whom confinement is necessary for the | ||
efficient and effective investigation of a Tier 2 or Tier 3 | ||
offense, as defined in the Department of Juvenile Justice's | ||
Administrative Directive 04.01.140. | ||
"Tier 2" or "Tier 3" offense means a major rules violation | ||
that results in immediate disciplinary consequences that are | ||
assigned by the staff of a facility of the Illinois Department | ||
of Juvenile Justice reporting the violation. | ||
(b) The use of room confinement at a youth facility for | ||
discipline, punishment, retaliation, or any reason other than | ||
as a temporary response to a juvenile's behavior that poses a | ||
serious and immediate risk of physical harm to any individual, | ||
including the juvenile, is prohibited. | ||
(b-5) A covered juvenile may be placed on an | ||
administrative hold and confined when temporarily being housed | ||
in a particular juvenile detention center or for | ||
administrative or security purposes as personally determined |
by the chief administrative officer. | ||
(b-6) Placement on administrative hold shall be subject to | ||
the following time limitations: | ||
(1) when the covered juvenile is awaiting transfer to | ||
a youth facility or a more secure setting, the | ||
administrative hold may not exceed 3 business days; and | ||
(2) the administrative hold may not exceed 7 calendar | ||
days when the covered juvenile is temporarily transferred | ||
to a different facility for the purposes of placement | ||
interviews, court appearances, or medical treatment. | ||
(b-7) Whenever a covered juvenile is on an administrative | ||
hold, the Department shall provide the covered juvenile with | ||
access to the same programs and services received by covered | ||
juveniles in the general population. Any restrictions on | ||
movement or access to programs and services shall be | ||
documented and justified by the chief administrative officer. | ||
(c) If a covered juvenile poses a serious and immediate | ||
risk of physical harm to any individual, including the | ||
juvenile, before a staff member of the facility places a | ||
covered juvenile in room confinement, the staff member shall | ||
attempt to use other less restrictive options, unless | ||
attempting those options poses a threat to the safety or | ||
security of any minor or staff. | ||
(d) If a covered juvenile is placed in room confinement | ||
because the covered juvenile poses a serious and immediate | ||
risk of physical harm to himself or herself, or to others, the |
covered juvenile shall be released: | ||
(1) immediately when the covered juvenile has | ||
sufficiently gained control so as to no longer engage in | ||
behavior that threatens serious and immediate risk of | ||
physical harm to himself or herself, or to others; or | ||
(2) no more than 24 hours after being placed in room | ||
confinement if a covered juvenile does not sufficiently | ||
gain control as described in paragraph (1) of this | ||
subsection (d) and poses a serious and immediate risk of | ||
physical harm to himself or herself or others, not later | ||
than: | ||
(A) 3 hours after being placed in room | ||
confinement, in the case of a covered juvenile who | ||
poses a serious and immediate risk of physical harm to | ||
others; or | ||
(B) 30 minutes after being placed in room | ||
confinement, in the case of a covered juvenile who | ||
poses a serious and immediate risk of physical harm | ||
only to himself or herself. | ||
(e) If, after the applicable maximum period of confinement | ||
has expired, a covered juvenile continues to pose a serious | ||
and immediate risk of physical harm to others: | ||
(1) the covered juvenile shall be transferred to | ||
another facility, when available, or internal location | ||
where services can be provided to the covered juvenile | ||
without relying on room confinement; or |
(2) if a qualified mental health professional believes | ||
the level of crisis service needed is not currently | ||
available, a staff member of the facility shall initiate a | ||
referral to a location that can meet the needs of the | ||
covered juvenile. | ||
(f) Each facility detaining covered juveniles shall report | ||
the use of each incident of room confinement to an independent | ||
ombudsperson for the Department of Juvenile Justice each | ||
month, including: | ||
(1) the name of the covered juvenile; | ||
(2) demographic data, including, at a minimum, age, | ||
race, gender, and primary language; | ||
(3) the reason for room confinement, including how | ||
detention facility officials determined the covered | ||
juvenile posed an immediate risk of physical harm to | ||
others or to the covered juvenile him or herself ; | ||
(4) the length of room confinement; | ||
(5) the number of covered juveniles transferred to | ||
another facility or referred referral to a separate crisis | ||
location covered under subsection (e); and | ||
(6) the name of detention facility officials involved | ||
in each instance of room confinement. | ||
(g) An independent ombudsperson for the Department of | ||
Juvenile Justice may review a detention facility's adherence | ||
to this Section. | ||
(Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.) |
Section 590. The Code of Civil Procedure is amended by | ||
changing Sections 21-101, 21-102, 21-102.5, and 21-103 as | ||
follows: | ||
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101) | ||
Sec. 21-101. Proceedings; parties. | ||
(a) If any person who is a resident of this State and has | ||
resided in this State for 6 months desires to change his or her | ||
name and to assume another name by which to be afterwards | ||
called and known, the person may file a petition requesting | ||
that relief in the circuit court of the county wherein he or | ||
she resides. | ||
(b) A person who has been convicted of any offense for | ||
which a person is required to register under the Sex Offender | ||
Registration Act, the Murderer and Violent Offender Against | ||
Youth Registration Act, or the Arsonist Registration Act in | ||
this State or any other state and who has not been pardoned is | ||
not permitted to file a petition for a name change in the | ||
courts of this State during the period that the person is | ||
required to register, unless that person verifies under oath, | ||
as provided under Section 1-109, that the petition for the | ||
name change is due to marriage, religious beliefs, status as a | ||
victim of trafficking or gender-related identity as defined by | ||
the Illinois Human Rights Act. A judge may grant or deny the | ||
request for legal name change filed by such persons. Any such |
persons granted a legal name change shall report the change to | ||
the law enforcement agency having jurisdiction of their | ||
current registration pursuant to the Duty to Report | ||
requirements specified in Section 35 of the Arsonist | ||
Registration Act, Section 20 of the Murderer and Violent | ||
Offender Against Youth Registration Act, and Section 6 of the | ||
Sex Offender Registration Act. For the purposes of this | ||
subsection, a person will not face a felony charge if the | ||
person's request for legal name change is denied without proof | ||
of perjury. | ||
(b-1) A person who has been convicted of a felony offense | ||
in this State or any other state and whose sentence has not | ||
been completed, terminated, or discharged is not permitted to | ||
file a petition for a name change in the courts of this State | ||
unless that person is pardoned for the offense. | ||
(c) A petitioner may include his or her spouse and adult | ||
unmarried children, with their consent, and his or her minor | ||
children where it appears to the court that it is for their | ||
best interest, in the petition and relief requested, and the | ||
court's order shall then include the spouse and children. | ||
Whenever any minor has resided in the family of any person for | ||
the space of 3 years and has been recognized and known as an | ||
adopted child in the family of that person, the application | ||
herein provided for may be made by the person having that minor | ||
in his or her family. | ||
An order shall be entered as to a minor only if the court |
finds by clear and convincing evidence that the change is | ||
necessary to serve the best interest of the child. In | ||
determining the best interest of a minor child under this | ||
Section, the court shall consider all relevant factors, | ||
including: | ||
(1) The wishes of the child's parents and any person | ||
acting as a parent who has physical custody of the child. | ||
(2) The wishes of the child and the reasons for those | ||
wishes. The court may interview the child in chambers to | ||
ascertain the child's wishes with respect to the change of | ||
name. Counsel shall be present at the interview unless | ||
otherwise agreed upon by the parties. The court shall | ||
cause a court reporter to be present who shall make a | ||
complete record of the interview instantaneously to be | ||
part of the record in the case. | ||
(3) The interaction and interrelationship of the child | ||
with his or her parents or persons acting as parents who | ||
have physical custody of the child, step-parents, | ||
siblings, step-siblings, or any other person who may | ||
significantly affect the child's best interest. | ||
(4) The child's adjustment to his or her home, school, | ||
and community. | ||
(d) If it appears to the court that the conditions and | ||
requirements under this Article have been complied with and | ||
that there is no reason why the relief requested should not be | ||
granted, the court, by an order to be entered of record, may |
direct and provide that the name of that person be changed in | ||
accordance with the relief requested in the petition. If the | ||
circuit court orders that a name change be granted to a person | ||
who has been adjudicated or convicted of a felony or | ||
misdemeanor offense under the laws of this State or any other | ||
state for which a pardon has not been granted, or has an arrest | ||
for which a charge has not been filed or a pending charge on a | ||
felony or misdemeanor offense, a copy of the order, including | ||
a copy of each applicable access and review response, shall be | ||
forwarded to the Illinois State Police. The Illinois State | ||
Police shall update any criminal history transcript or | ||
offender registration of each person 18 years of age or older | ||
in the order to include the change of name as well as his or | ||
her former name. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102) | ||
Sec. 21-102. Petition; update criminal history transcript. | ||
(a) The petition shall be a statewide standardized form | ||
approved by the Illinois Supreme Court and shall set forth the | ||
name then held, the name sought to be assumed, the residence of | ||
the petitioner, the length of time the petitioner has resided | ||
in this State, and the state or country of the petitioner's | ||
nativity or supposed nativity. The petition shall include a | ||
statement, verified under oath as provided under Section 1-109 |
of this Code, whether or not the petitioner or any other person | ||
18 years of age or older who will be subject to a change of | ||
name under the petition if granted: (1) has been adjudicated | ||
or convicted of a felony or misdemeanor offense under the laws | ||
of this State or any other state for which a pardon has not | ||
been granted; or (2) has an arrest for which a charge has not | ||
been filed or a pending charge on a felony or misdemeanor | ||
offense. The petition shall be signed by the person | ||
petitioning or, in case of minors, by the parent or guardian | ||
having the legal custody of the minor. | ||
(b) If the statement provided under subsection (a) of this | ||
Section indicates the petitioner or any other person 18 years | ||
of age or older who will be subject to a change of name under | ||
the petition, if granted, has been adjudicated or convicted of | ||
a felony or misdemeanor offense under the laws of this State or | ||
any other state for which a pardon has not been granted, or has | ||
an arrest for which a charge has not been filed or a pending | ||
charge on a felony or misdemeanor offense, the State's | ||
Attorney may request the court to or the court may on its own | ||
motion, require the person, prior to a hearing on the | ||
petition, to initiate an update of his or her criminal history | ||
transcript with the Illinois State Police. The Illinois State | ||
Police Department shall allow a person to use the Access and | ||
Review process, established by rule in the Illinois State | ||
Police Department , for this purpose. Upon completion of the | ||
update of the criminal history transcript, the petitioner |
shall file confirmation of each update with the court, which | ||
shall seal the records from disclosure outside of court | ||
proceedings on the petition. | ||
(c) Any petition filed under subsection (a) shall include | ||
the following: "WARNING: If you are required to register under | ||
the Sex Offender Registration Act, the Murderer and Violent | ||
Offender Against Youth Registration Act, or the Arsonist | ||
Registration Act in this State or a similar law in any other | ||
state and have not been pardoned, you will be committing a | ||
felony under those respective Acts by seeking a change of name | ||
during the registration period UNLESS your request for legal | ||
name change is due to marriage, religious beliefs, status as a | ||
victim of trafficking or gender related identity as defined by | ||
the Illinois Human Rights Act.". | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(735 ILCS 5/21-102.5) | ||
Sec. 21-102.5. Notice; objection. | ||
(a) The circuit court clerk shall promptly serve a copy of | ||
the petition on the State's Attorney and the Illinois State | ||
Police if the statement provided under subsection (a) of | ||
Section 21-102 indicates that the petitioner, or any other | ||
person 18 years of age or older who will be subject to a change | ||
of name under the petition, has been adjudicated or convicted | ||
of a felony or misdemeanor offense under the laws of this State |
or any other state for which a pardon has not been granted, or | ||
has an arrest for which a charge has not been filed or a | ||
pending charge on a felony or misdemeanor offense. | ||
(b) The State's Attorney may file an objection to the | ||
petition. All objections shall be in writing, shall be filed | ||
with the circuit court clerk, shall be served upon the | ||
petitioner, and shall state with specificity the basis of the | ||
objection. Objections to a petition must be filed within 30 | ||
days of the date of service of the petition upon the State's | ||
Attorney if the petitioner: | ||
(1) is the defendant in a pending criminal offense | ||
charge; or | ||
(2) has been convicted of identity theft, aggravated | ||
identity theft, felony or misdemeanor criminal sexual | ||
abuse when the victim of the offense at the time of its | ||
commission is under 18 years of age, felony or misdemeanor | ||
sexual exploitation of a child, felony or misdemeanor | ||
indecent solicitation of a child, or felony or misdemeanor | ||
indecent solicitation of an adult, and has not been | ||
pardoned for the conviction. | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||
revised 12-15-23) | ||
(735 ILCS 5/21-103) | ||
Sec. 21-103. Notice by publication. | ||
(a) Previous notice shall be given of the intended |
application by publishing a notice thereof in some newspaper | ||
published in the municipality in which the person resides if | ||
the municipality is in a county with a population under | ||
2,000,000, or if the person does not reside in a municipality | ||
in a county with a population under 2,000,000, or if no | ||
newspaper is published in the municipality or if the person | ||
resides in a county with a population of 2,000,000 or more, | ||
then in some newspaper published in the county where the | ||
person resides, or if no newspaper is published in that | ||
county, then in some convenient newspaper published in this | ||
State. The notice shall be inserted for 3 consecutive weeks | ||
after filing, the first insertion to be at least 6 weeks before | ||
the return day upon which the petition is to be heard, and | ||
shall be signed by the petitioner or, in case of a minor, the | ||
minor's parent or guardian, and shall set forth the return day | ||
of court on which the petition is to be heard and the name | ||
sought to be assumed. | ||
(b) The publication requirement of subsection (a) shall | ||
not be required in any application for a change of name | ||
involving a minor if, before making judgment under this | ||
Article, reasonable notice and opportunity to be heard is | ||
given to any parent whose parental rights have not been | ||
previously terminated and to any person who has physical | ||
custody of the child. If any of these persons are outside this | ||
State, notice and opportunity to be heard shall be given under | ||
Section 21-104. |
(b-3) The publication requirement of subsection (a) shall | ||
not be required in any application for a change of name | ||
involving a person who has received a judgment of for | ||
dissolution of marriage or declaration of invalidity of | ||
marriage and wishes to change his or her name to resume the use | ||
of his or her former or maiden name. | ||
(b-5) The court may issue an order directing that the | ||
notice and publication requirement be waived for a change of | ||
name involving a person who files with the court a statement, | ||
verified under oath as provided under Section 1-109 of this | ||
Code, that the person believes that publishing notice of the | ||
name change would be a hardship, including , but not limited | ||
to, a negative impact on the person's health or safety. | ||
(b-6) In a case where waiver of the notice and publication | ||
requirement is sought, the petition for waiver is presumed | ||
granted and heard at the same hearing as the petition for name | ||
change. The court retains discretion to determine whether a | ||
hardship is shown and may order the petitioner to publish | ||
thereafter. | ||
(c) The Director of the Illinois State Police or his or her | ||
designee may apply to the circuit court for an order directing | ||
that the notice and publication requirements of this Section | ||
be waived if the Director or his or her designee certifies that | ||
the name change being sought is intended to protect a witness | ||
during and following a criminal investigation or proceeding. | ||
(c-1) The court may also enter a written order waiving the |
publication requirement of subsection (a) if: | ||
(i) the petitioner is 18 years of age or older; and | ||
(ii) concurrent with the petition, the petitioner | ||
files with the court a statement, verified under oath as | ||
provided under Section 1-109 of this Code, attesting that | ||
the petitioner is or has been a person protected under the | ||
Illinois Domestic Violence Act of 1986, the Stalking No | ||
Contact Order Act, the Civil No Contact Order Act, Article | ||
112A of the Code of Criminal Procedure of 1963, a | ||
condition of pretrial release under subsections (b) | ||
through (d) of Section 110-10 of the Code of Criminal | ||
Procedure of 1963, or a similar provision of a law in | ||
another state or jurisdiction. | ||
The petitioner may attach to the statement any supporting | ||
documents, including relevant court orders. | ||
(c-2) If the petitioner files a statement attesting that | ||
disclosure of the petitioner's address would put the | ||
petitioner or any member of the petitioner's family or | ||
household at risk or reveal the confidential address of a | ||
shelter for domestic violence victims, that address may be | ||
omitted from all documents filed with the court, and the | ||
petitioner may designate an alternative address for service. | ||
(c-3) Court administrators may allow domestic abuse | ||
advocates, rape crisis advocates, and victim advocates to | ||
assist petitioners in the preparation of name changes under | ||
subsection (c-1). |
(c-4) If the publication requirements of subsection (a) | ||
have been waived, the circuit court shall enter an order | ||
impounding the case. | ||
(d) The maximum rate charged for publication of a notice | ||
under this Section may not exceed the lowest classified rate | ||
paid by commercial users for comparable space in the newspaper | ||
in which the notice appears and shall include all cash | ||
discounts, multiple insertion discounts, and similar benefits | ||
extended to the newspaper's regular customers. | ||
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. | ||
5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.) | ||
Section 595. The Eminent Domain Act is amended by setting | ||
forth, renumbering, and changing multiple versions of Section | ||
25-5-105 as follows: | ||
(735 ILCS 30/25-5-105) | ||
(Section scheduled to be repealed on May 31, 2025) | ||
Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop. | ||
(a) Quick-take proceedings under Article 20 may be used | ||
for a period of one year after May 31, 2025 ( the effective date | ||
of Public Act 103-3) this amendatory Act of the 103rd General | ||
Assembly by Menard County for the acquisition of the following | ||
described property for the purpose of reconstructing the | ||
Athens Blacktop corridor. |
Route: FAS 574/Athens Blacktop Road | ||
County: Menard | ||
Parcel No.: D-18 | ||
P.I.N. No.: 12-28-400-006 | ||
Section: 09-00056-05-EG | ||
Station: RT 181+94.77 | ||
Station: RT 188+48.97 | ||
A part of the Southeast Quarter of Section 28, | ||
Township 18 North, Range 6 West of the Third Principal | ||
Meridian, described as follows: | ||
Commencing at the Northeast corner of the Southeast | ||
Quarter of said Section 28; thence South 89 degrees 42 | ||
minutes 06 seconds West along the north line of the | ||
Southeast Quarter of said Section 28, a distance of 669.81 | ||
feet to the northeast parcel corner and the point of | ||
beginning; thence South 02 degrees 24 minutes 13 seconds | ||
East along the east parcel line, 80.48 feet; thence South | ||
72 degrees 55 minutes 03 seconds West, 103.39 feet; thence | ||
South 89 degrees 43 minutes 40 seconds West, 150.00 feet; | ||
thence North 86 degrees 08 minutes 49 seconds West, 405.10 | ||
feet to the west parcel line; thence North 01 degree 06 | ||
minutes 28 seconds West along said line, 80.89 feet to the | ||
north line of the Southeast Quarter of said Section 28; | ||
thence North 89 degrees 42 minutes 06 seconds East along | ||
said line, 651.20 feet to the point of beginning, |
containing 0.860 acres, more or less of new right of way | ||
and 0.621 acres, more or less of existing right of way. | ||
Route: FAS 574/Athens Blacktop Road | ||
County: Menard | ||
Parcel No.: D-19 | ||
P.I.N. No.: 12-28-400-007 | ||
Section: 09-00056-05-EG | ||
Station: RT 188+46.59 | ||
Station: RT 191+17.37 | ||
A part of the Southeast Quarter of Section 28, | ||
Township 18 North, Range 6 West of the Third Principal | ||
Meridian, described as follows: | ||
Commencing at the Northeast corner of the Southeast | ||
Quarter of said Section 28; thence South 89 degrees 42 | ||
minutes 06 seconds West along the north line of the | ||
Southeast Quarter of said Section 28, a distance of 399.89 | ||
feet to the northeast parcel corner and the point of | ||
beginning; thence South 01 degree 10 minutes 54 seconds | ||
East along the east parcel line, 92.67 feet; thence South | ||
80 degrees 35 minutes 32 seconds West, 17.59 feet; thence | ||
South 89 degrees 43 minutes 40 seconds West, 75.00 feet; | ||
thence North 00 degrees 16 minutes 20 seconds West, 45.45 | ||
feet to the existing southerly right of way line of Athens | ||
Blacktop Road (FAS 574); thence South 89 degrees 42 | ||
minutes 25 seconds West along said line, 75.00 feet; |
thence South 72 degrees 55 minutes 03 seconds West, 105.54 | ||
feet to the west parcel line; thence North 02 degrees 24 | ||
minutes 13 seconds West along said line, 80.48 feet to the | ||
north line of the Southeast Quarter of said Section 28; | ||
thence North 89 degrees 42 minutes 06 seconds East along | ||
said line, 269.92 feet to the point of beginning, | ||
containing 0.137 acres, more or less of new right of way | ||
and 0.303 acres, more or less of existing right of way. | ||
(b) This Section is repealed May 31, 2025 ( 2 years after | ||
the effective date of Public Act 103-3) this amendatory Act of | ||
the 103rd General Assembly . | ||
(Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.) | ||
(735 ILCS 30/25-5-107) | ||
(Section scheduled to be repealed on June 9, 2026) | ||
Sec. 25-5-107 25-5-105 . Quick-take; Will County; Cedar | ||
Road; Francis Road. | ||
(a) Quick-take proceedings under Article 20 may be used | ||
for a period of 2 years after June 9, 2023 ( the effective date | ||
of Public Act 103-10) this amendatory Act of the 103rd General | ||
Assembly by Will County for the acquisition of the following | ||
described property for the purpose of road construction: | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will |
Parcel No: IL T0001 | ||
Station: 109+23.08 to 110+04.95 | ||
Index No.: 15-08-09-406-002 | ||
THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF | ||
ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A | ||
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND | ||
PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS | ||
DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||
LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID | ||
SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29 | ||
MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30 | ||
MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND | ||
PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE | ||
NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE | ||
NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF | ||
FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79 | ||
DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE | ||
OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING. |
SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0001TE-A | ||
Station: 208+19.76 to 210+13.46 | ||
Index No.:15-08-09-406-001 | ||
15-08-09-406-002 | ||
THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1 | ||
AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW | ||
LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS | ||
AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE | ||
SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED | ||
FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE | ||
OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS | ||
MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF | ||
BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST, | ||
6.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST | ||
ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID |
SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10 | ||
DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH | ||
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET | ||
SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS | ||
ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||
SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES | ||
03 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL | ||
WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE | ||
WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42 | ||
SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07 | ||
FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES | ||
17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF | ||
FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0001TE-B | ||
Station: 107+04.56 to 109+76.68 | ||
Index No.: 15-08-09-406-002 | ||
15-08-09-406-003 | ||
15-08-09-406-004 | ||
THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1 | ||
AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW |
LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS | ||
AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE | ||
SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED | ||
FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||
LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE | ||
SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET | ||
FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES | ||
30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, | ||
218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88 | ||
DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE, | ||
10.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST | ||
ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST | ||
LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55 | ||
MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30 | ||
MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND | ||
PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE | ||
NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE | ||
PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS. |
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0002 | ||
Station: 110+78.28 to 111+36.28 | ||
Index No.: 15-08-09-402-027 | ||
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||
AS FOLLOWS: | ||
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF | ||
SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS | ||
MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE | ||
NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE | ||
EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR | ||
ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST | ||
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH | ||
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF | ||
CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING. |
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0002TE-A | ||
Station: 209+19.56 to 210+01.42 | ||
Index No.: 15-08-09-402-027 | ||
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||
AS FOLLOWS: | ||
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH | ||
79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF | ||
SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS | ||
MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE | ||
PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17 | ||
MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A | ||
DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||
SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES | ||
03 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL |
WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE | ||
SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE | ||
PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0002TE-B | ||
Station: 111+24.53 to 111+97.97 | ||
Index No.: 15-08-09-402-027 | ||
THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A | ||
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST | ||
QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL | ||
COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS | ||
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED | ||
AS FOLLOWS: | ||
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH | ||
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF | ||
SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A | ||
LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID | ||
SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF | ||
BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, |
15.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST | ||
ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST | ||
LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88 | ||
DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST | ||
LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42 | ||
SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF | ||
61.69 FEET TO THE PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0003 | ||
Station: 110+82.35 to 111+62.35 | ||
Index No.: 15-08-10-300-040 | ||
THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR |
ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 | ||
SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING | ||
ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH | ||
79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF | ||
LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0003PE | ||
Station: 111+51.57 to 114+33.66 | ||
Index No.: 15-08-10-300-040 | ||
THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S | ||
NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP | ||
35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR | ||
ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING |
NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST | ||
LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE | ||
SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88 | ||
DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE, | ||
17.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS | ||
EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS | ||
WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 | ||
SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH | ||
THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE | ||
NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE | ||
PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0003TE | ||
Station: 110+87.81 to 114+26.66 | ||
Index No.: 15-08-10-300-040 | ||
THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S | ||
NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP | ||
35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, |
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH | ||
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||
SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR | ||
ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 | ||
SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE | ||
NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00 | ||
FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT | ||
8, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19 | ||
MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES | ||
30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND | ||
PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47 | ||
FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST, | ||
76.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST | ||
ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH | ||
LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF | ||
FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES | ||
14 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE | ||
SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH | ||
LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26 | ||
DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF | ||
BEGINNING. | ||
SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 |
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0004 | ||
Station: 213+68.59 to 214+69.31 | ||
Index No.: 15-08-10-300-037 | ||
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, | ||
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE | ||
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND | ||
RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9, | ||
311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET, | ||
THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY | ||
LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE | ||
SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE | ||
SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF | ||
BEGINNING. | ||
SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H. 64 Francis Road |
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0005 | ||
Station: 214+68.59 to 215+00.84 | ||
Index No.: 15-08-10-300-047 | ||
THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT | ||
PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH | ||
ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET | ||
NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE | ||
SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF | ||
SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE | ||
TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY | ||
31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET | ||
PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET | ||
PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH | ||
SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF | ||
SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A | ||
POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE |
NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE | ||
OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT | ||
OF BEGINNING, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR | ||
LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0005TE | ||
Station: 214+69.31 to 215+02.29 | ||
Index No.: 15-08-10-300-047 | ||
THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING | ||
31.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T. | ||
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, | ||
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE | ||
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||
WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH | ||
ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET | ||
NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE | ||
SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF | ||
SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE |
TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY | ||
31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET | ||
PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET | ||
PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH | ||
SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF | ||
SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A | ||
POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE | ||
NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE | ||
OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT | ||
OF BEGINNING, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 06-30-2022 | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0006 | ||
Station: 215+80.12 to 216+71.09 | ||
Index No.: 15-08-10-300-014 | ||
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, | ||
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE |
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON | ||
THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY | ||
ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A | ||
POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY | ||
LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 06-30-2022 | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0006TE | ||
Station: 215+80.84 to 216+15.15 | ||
Index No.: 15-08-10-300-014 | ||
THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959 DESCRIBED AS FOLLOWS: | ||
COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID |
LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE | ||
BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE | ||
NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE | ||
PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14 | ||
MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES | ||
30 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND | ||
PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85 | ||
FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST, | ||
10.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST | ||
ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID | ||
SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE | ||
OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR | ||
LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0007 | ||
Station: 216+70.37 to 217+81.42 | ||
Index No.: 15-08-10-300-038 | ||
THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH | ||
AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 | ||
AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED | ||
JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, |
BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE | ||
COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A | ||
COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||
COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH | ||
ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET; | ||
THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE | ||
OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE | ||
SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE | ||
SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE | ||
POINT OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS. | ||
REVISION DATE: 06-30-2022 | ||
Route: C.H.64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0008 | ||
Station: 217+80.66 to 218+48.30 | ||
Index No.: 15-08-10-300-044 | ||
THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF |
0.9999586959 DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH | ||
01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF | ||
SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES | ||
30 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND | ||
PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF | ||
66.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS | ||
EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH | ||
79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF | ||
LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS | ||
ROAD, 66.85 FEET TO THE PLACE OF BEGINNING. | ||
SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0009 | ||
Station: 218+47.52 to 218+96.30 | ||
Index No.: 15-08-10-300-022 | ||
THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T. | ||
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, |
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE | ||
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||
WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS: | ||
THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE | ||
WEST 62.25 FEET THEREOF, OF SAID LOT 32. | ||
SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0010 | ||
Station: 123+28.62 to 126+13.30 | ||
Index No.: 15-08-10-300-060 | ||
THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959, DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH | ||
88 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF |
SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX | ||
STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24 | ||
MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES | ||
30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND | ||
PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING | ||
THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69 | ||
FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19 | ||
MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO | ||
THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 | ||
MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2, | ||
ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF | ||
BEGINNING. | ||
SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0012 | ||
Station: 123+15.53 to 126+46.31 | ||
Index No.: 15-08-09-400-002 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF |
0.9999586959; DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF | ||
SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST | ||
ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO | ||
THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE | ||
NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 | ||
DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE | ||
NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE | ||
SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30 | ||
MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND | ||
PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39 | ||
FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST | ||
PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH | ||
HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00 | ||
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG | ||
A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF | ||
SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID | ||
SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32 | ||
SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, | ||
33.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY, | ||
ILLINOIS. | ||
SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH | ||
0.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY | ||
PURPOSES. | ||
REVISION DATE: 05-26-2022 | ||
REVISION DATE: 06-30-2022 |
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0012TE | ||
Station: 124+80.92 to 126+46.32 | ||
Index No.: 15-08-09-400-002 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF | ||
THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST | ||
QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL | ||
COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0013TE | ||
Station: 122+32.87 to 123+15.61 | ||
Index No.: 15-08-09-400-003 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF |
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER | ||
OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER | ||
OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0014TE | ||
Station: 121+69.62 to 123+28.62 | ||
Index No.: 15-08-10-300-061 | ||
THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959. | ||
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. |
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0015TE | ||
Station: 121+50.19 to 122+32.94 | ||
Index No.: 15-08-09-400-004 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00 | ||
FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET | ||
(EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE | ||
NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID | ||
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY, | ||
ILLINOIS. | ||
SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0016TE |
Station: 120+10.63 to 121+69.62 | ||
Index No.: 15-08-10-300-058 | ||
THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959. | ||
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0017TE | ||
Station: 118+51.61 to 120+10.61 | ||
Index No.: 15-08-10-300-057 | ||
15-08-10-300-006 | ||
THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS |
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959. | ||
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0018TE | ||
Station: 116+92.61 to 118+51.63 | ||
Index No.: 15-08-10-300-007 | ||
THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959 | ||
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will |
Parcel No: IL T0019TE | ||
Station: 118+89.42 to 119+84.84 | ||
Index No.: 15-08-09-400-013 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00 | ||
FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET | ||
(EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE | ||
NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE | ||
SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0020TE | ||
Station: 116+54.05 to 118+89.42 | ||
Index No.: 15-08-09-400-010 | ||
15-08-09-400-011 | ||
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD | ||
PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND |
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF | ||
THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF | ||
THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE | ||
WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF | ||
THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE | ||
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9, | ||
ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS. | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0021PE | ||
Station: 114+33.61 to 114+36.66 | ||
Index No.: 15-08-10-300-011 | ||
THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF | ||
THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX | ||
ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION | ||
10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND |
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959 | ||
SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H.4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0021TE | ||
Station: 114+36.61 to 115+33.63 | ||
Index No.: 15-08-10-300-011 | ||
THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF | ||
LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A | ||
SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF | ||
THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE | ||
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT | ||
THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN | ||
WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959 | ||
SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH |
County: Will | ||
Parcel No: IL T0022TE | ||
Station: 202+31.49 to 203+55.08 | ||
Index No.: 15-08-09-405-002 | ||
THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF | ||
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0023TE | ||
Station: 203+54.27 to 204+77.86 | ||
Index No.: 15-08-09-405-003 | ||
THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF | ||
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. |
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0024TE | ||
Station: 204+77.86 to 206+00.14 | ||
Index No.: 15-08-09-405-004 | ||
THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF | ||
LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO | ||
NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF | ||
SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16, | ||
TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL | ||
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 | ||
AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS. | ||
SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS. | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0025TE | ||
Station: 206+00.14 to 207+53.71 | ||
Index No.: 15-08-09-405-009 | ||
THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF | ||
ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A | ||
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND |
PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35 | ||
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS | ||
DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF | ||
0.9999586959; DESCRIBED AS FOLLOWS: | ||
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH | ||
01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF | ||
SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES | ||
17 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND | ||
PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE | ||
SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10 | ||
DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79 | ||
DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET | ||
SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS | ||
ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57 | ||
SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 | ||
SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH | ||
THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST | ||
LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42 | ||
SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID | ||
NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF | ||
FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS | ||
EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO | ||
THE PLACE OF BEGINNING. |
SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H. 4 Cedar Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0026TE | ||
Station: 107+73.63 to 108+08.64 | ||
Index No.: 15-08-10-301-0073 | ||
THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE | ||
WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW | ||
LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 | ||
NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, | ||
ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS | ||
DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND | ||
DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, | ||
EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF | ||
0.9999586959. | ||
SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0027TE |
Station: 216+52.49 to 217+35.06 | ||
Index No.: 15-08-10-301-005 | ||
THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617 | ||
FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX | ||
ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, | ||
AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING | ||
TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, | ||
IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959. | ||
SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0028TE | ||
Station: 217+33.45 to 218+43.47 | ||
Index No.: 15-08-10-301-067 | ||
THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND | ||
LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T. | ||
MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN | ||
SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE | ||
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF | ||
RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, | ||
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE |
PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) | ||
WITH A COMBINED FACTOR OF 0.9999586959. | ||
SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS. | ||
REVISION DATE: 05-26-2022 | ||
Route: C.H. 64 Francis Road | ||
Section: 20-00051-09-CH | ||
County: Will | ||
Parcel No: IL T0029TE | ||
Station: 218+41.89 to 218+83.97 | ||
Index No.: 15-08-10-301-068 | ||
THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST | ||
270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID | ||
LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A | ||
SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND | ||
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO | ||
THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN | ||
WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE | ||
ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 | ||
ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959. | ||
SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR | ||
LESS. | ||
REVISION DATE: 05-26-2022 | ||
REVISION DATE: 06-30-2022 | ||
(b) This Section is repealed on June 9, 2026 ( 3 years after | ||
the effective date of Public Act 103-10) this amendatory Act |
of the 103rd General Assembly . | ||
(Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.) | ||
Section 600. The Illinois False Claims Act is amended by | ||
changing Section 6 as follows: | ||
(740 ILCS 175/6) (from Ch. 127, par. 4106) | ||
Sec. 6. Subpoenas. | ||
(a) In general. | ||
(1) Issuance and service. Whenever the Attorney | ||
General has reason to believe that any person may be in | ||
possession, custody, or control of any documentary | ||
material or information relevant to an investigation, the | ||
Attorney General may, before commencing a civil proceeding | ||
under this Act or making an election under paragraph (4) | ||
of subsection (b) of Section 4, issue in writing and cause | ||
to be served upon such person, a subpoena requiring such | ||
person: | ||
(A) to produce such documentary material for | ||
inspection and copying, | ||
(B) to answer, in writing, written interrogatories | ||
with respect to such documentary material or | ||
information, | ||
(C) to give oral testimony concerning such | ||
documentary material or information, or | ||
(D) to furnish any combination of such material, |
answers, or testimony. | ||
The Attorney General may issue subpoenas under this | ||
subsection (a). Whenever a subpoena is an express demand | ||
for any product of discovery, the Attorney General shall | ||
cause to be served, in any manner authorized by this | ||
Section, a copy of such demand upon the person from whom | ||
the discovery was obtained and shall notify the person to | ||
whom such demand is issued of the date on which such copy | ||
was served. Any information obtained by the Attorney | ||
General under this Section may be shared with any qui tam | ||
relator if the Attorney General determines it necessary as | ||
part of any Illinois False Claims Act investigation. | ||
(1.5) Where a subpoena requires the production of | ||
documentary material, the respondent shall produce the | ||
original of the documentary material, provided, however, | ||
that the Attorney General may agree that copies may be | ||
substituted for the originals. All documentary material | ||
kept or stored in electronic form, including electronic | ||
mail, shall be produced in native format, as kept in the | ||
normal course of business, or as otherwise directed by the | ||
Attorney General. The production of documentary material | ||
shall be made at the respondent's expense. | ||
(2) Contents and deadlines. Each subpoena issued under | ||
paragraph (1): | ||
(A) Shall state the nature of the conduct | ||
constituting an alleged violation that is under |
investigation and the applicable provision of law | ||
alleged to be violated. | ||
(B) Shall identify the individual causing the | ||
subpoena to be served and to whom communications | ||
regarding the subpoena should be directed. | ||
(C) Shall state the date, place, and time at which | ||
the person is required to appear, produce written | ||
answers to interrogatories, produce documentary | ||
material or give oral testimony. The date shall not be | ||
less than 10 days from the date of service of the | ||
subpoena. Compliance with the subpoena shall be at the | ||
Office of the Attorney General in either the | ||
Springfield or Chicago location or at other location | ||
by agreement. | ||
(D) If the subpoena is for documentary material or | ||
interrogatories, shall describe the documents or | ||
information requested with specificity. | ||
(E) Shall notify the person of the right to be | ||
assisted by counsel. | ||
(F) Shall advise that the person has 20 days from | ||
the date of service or up until the return date | ||
specified in the demand, whichever date is earlier, to | ||
move, modify, or set aside the subpoena pursuant to | ||
subparagraph (j)(2)(A) of this Section. | ||
(b) Protected material or information. | ||
(1) In general. A subpoena issued under subsection (a) |
may not require the production of any documentary | ||
material, the submission of any answers to written | ||
interrogatories, or the giving of any oral testimony if | ||
such material, answers, or testimony would be protected | ||
from disclosure under: | ||
(A) the standards applicable to subpoenas or | ||
subpoenas duces tecum issued by a court of this State | ||
to aid in a grand jury investigation; or | ||
(B) the standards applicable to discovery requests | ||
under the Code of Civil Procedure, to the extent that | ||
the application of such standards to any such subpoena | ||
is appropriate and consistent with the provisions and | ||
purposes of this Section. | ||
(2) Effect on other orders, rules, and laws. Any such | ||
subpoena which is an express demand for any product of | ||
discovery supersedes any inconsistent order, rule, or | ||
provision of law (other than this Section) preventing or | ||
restraining disclosure of such product of discovery to any | ||
person. Disclosure of any product of discovery pursuant to | ||
any such subpoena does not constitute a waiver of any | ||
right or privilege which the person making such disclosure | ||
may be entitled to invoke to resist discovery of trial | ||
preparation materials. | ||
(c) Service in general. Any subpoena issued under | ||
subsection (a) may be served by any person so authorized by the | ||
Attorney General or by any person authorized to serve process |
on individuals within Illinois, through any method prescribed | ||
in the Code of Civil Procedure or as otherwise set forth in | ||
this Act. | ||
(d) Service upon legal entities and natural persons. | ||
(1) Legal entities. Service of any subpoena issued | ||
under subsection (a) or of any petition filed under | ||
subsection (j) may be made upon a partnership, | ||
corporation, association, or other legal entity by: | ||
(A) delivering an executed copy of such subpoena | ||
or petition to any partner, executive officer, | ||
managing agent, general agent, or registered agent of | ||
the partnership, corporation, association , or entity; | ||
(B) delivering an executed copy of such subpoena | ||
or petition to the principal office or place of | ||
business of the partnership, corporation, association, | ||
or entity; or | ||
(C) depositing an executed copy of such subpoena | ||
or petition in the United States mails by registered | ||
or certified mail, with a return receipt requested, | ||
addressed to such partnership, corporation, | ||
association, or entity as its principal office or | ||
place of business. | ||
(2) Natural person. Service of any such subpoena or | ||
petition may be made upon any natural person by: | ||
(A) delivering an executed copy of such subpoena | ||
or petition to the person; or |
(B) depositing an executed copy of such subpoena | ||
or petition in the United States mails by registered | ||
or certified mail, with a return receipt requested, | ||
addressed to the person at the person's residence or | ||
principal office or place of business. | ||
(e) Proof of service. A verified return by the individual | ||
serving any subpoena issued under subsection (a) or any | ||
petition filed under subsection (j) setting forth the manner | ||
of such service shall be proof of such service. In the case of | ||
service by registered or certified mail, such return shall be | ||
accompanied by the return post office receipt of delivery of | ||
such subpoena. | ||
(f) Documentary material. | ||
(1) Sworn certificates. The production of documentary | ||
material in response to a subpoena served under this | ||
Section shall be made under a sworn certificate, in such | ||
form as the subpoena designates, by: | ||
(A) in the case of a natural person, the person to | ||
whom the subpoena is directed, or | ||
(B) in the case of a person other than a natural | ||
person, a person having knowledge of the facts and | ||
circumstances relating to such production and | ||
authorized to act on behalf of such person. | ||
The certificate shall state that all of the documentary | ||
material required by the demand and in the possession, | ||
custody, or control of the person to whom the subpoena is |
directed has been produced and made available to the | ||
Attorney General. | ||
(2) Production of materials. Any person upon whom any | ||
subpoena for the production of documentary material has | ||
been served under this Section shall make such material | ||
available for inspection and copying to the Attorney | ||
General at the place designated in the subpoena, or at | ||
such other place as the Attorney General and the person | ||
thereafter may agree and prescribe in writing, or as the | ||
court may direct under subsection (j)(1). Such material | ||
shall be made so available on the return date specified in | ||
such subpoena, or on such later date as the Attorney | ||
General may prescribe in writing. Such person may, upon | ||
written agreement between the person and the Attorney | ||
General, substitute copies for originals of all or any | ||
part of such material. | ||
(g) Interrogatories. Each interrogatory in a subpoena | ||
served under this Section shall be answered separately and | ||
fully in writing under oath and shall be submitted under a | ||
sworn certificate, in such form as the subpoena designates by: | ||
(1) in the case of a natural person, the person to whom | ||
the subpoena is directed, or | ||
(2) in the case of a person other than a natural | ||
person, the person or persons responsible for answering | ||
each interrogatory. | ||
If any interrogatory is objected to, the reasons for the |
objection shall be stated in the certificate instead of an | ||
answer. The certificate shall state that all information | ||
required by the subpoena and in the possession, custody, | ||
control, or knowledge of the person to whom the demand is | ||
directed has been submitted. To the extent that any | ||
information is not furnished, the information shall be | ||
identified and reasons set forth with particularity regarding | ||
the reasons why the information was not furnished. | ||
(h) Oral examinations. | ||
(1) Procedures. The examination of any person pursuant | ||
to a subpoena for oral testimony served under this Section | ||
shall be taken before an officer authorized to administer | ||
oaths and affirmations by the laws of this State or of the | ||
place where the examination is held. The officer before | ||
whom the testimony is to be taken shall put the witness on | ||
oath or affirmation and shall, personally or by someone | ||
acting under the direction of the officer and in the | ||
officer's presence, record the testimony of the witness. | ||
The testimony shall be taken stenographically and shall be | ||
transcribed. When the testimony is fully transcribed, the | ||
officer before whom the testimony is taken shall promptly | ||
transmit a certified copy of the transcript of the | ||
testimony in accordance with the instructions of the | ||
Attorney General. This subsection shall not preclude the | ||
taking of testimony by any means authorized by, and in a | ||
manner consistent with, the Code of Civil Procedure. |
(2) Persons present. The investigator conducting the | ||
examination shall exclude from the place where the | ||
examination is held all persons except the person giving | ||
the testimony, the attorney for and any other | ||
representative of the person giving the testimony, the | ||
attorney for the State, any person who may be agreed upon | ||
by the attorney for the State and the person giving the | ||
testimony, the officer before whom the testimony is to be | ||
taken, and any stenographer taking such testimony. | ||
(3) Where testimony taken. The oral testimony of any | ||
person taken pursuant to a subpoena served under this | ||
Section shall be taken in the county within which such | ||
person resides, is found, or transacts business, or in | ||
such other place as may be agreed upon by the Attorney | ||
General and such person. | ||
(4) Transcript of testimony. When the testimony is | ||
fully transcribed, the Attorney General or the officer | ||
before whom the testimony is taken shall afford the | ||
witness, who may be accompanied by counsel, a reasonable | ||
opportunity to review and correct the transcript, in | ||
accordance with the rules applicable to deposition | ||
witnesses in civil cases. Upon payment of reasonable | ||
charges, the Attorney General shall furnish a copy of the | ||
transcript to the witness, except that the Attorney | ||
General may, for good cause, limit the witness to | ||
inspection of the official transcript of the witness' |
testimony. | ||
(5) Conduct of oral testimony. | ||
(A) Any person compelled to appear for oral | ||
testimony under a subpoena issued under subsection (a) | ||
may be accompanied, represented, and advised by | ||
counsel, who may raise objections based on matters of | ||
privilege in accordance with the rules applicable to | ||
depositions in civil cases. If such person refuses to | ||
answer any question, a petition may be filed in | ||
circuit court under subsection (j)(1) for an order | ||
compelling such person to answer such question. | ||
(B) If such person refuses any question on the | ||
grounds of the privilege against self-incrimination, | ||
the testimony of such person may be compelled in | ||
accordance with Article 106 of the Code of Criminal | ||
Procedure of 1963. | ||
(6) Witness fees and allowances. Any person appearing | ||
for oral testimony under a subpoena issued under | ||
subsection (a) shall be entitled to the same fees and | ||
allowances which are paid to witnesses in the circuit | ||
court. | ||
(i) Custodians of documents, answers, and transcripts. | ||
(1) Designation. The Attorney General or his or her | ||
delegate shall serve as custodian of documentary material, | ||
answers to interrogatories, and transcripts of oral | ||
testimony received under this Section. |
(2) Except as otherwise provided in this Section, no | ||
documentary material, answers to interrogatories, or | ||
transcripts of oral testimony, or copies thereof, while in | ||
the possession of the custodian, shall be available for | ||
examination by any individual, except as determined | ||
necessary by the Attorney General and subject to the | ||
conditions imposed by him or her for effective enforcement | ||
of the laws of this State, or as otherwise provided by | ||
court order. | ||
(3) Conditions for return of material. If any | ||
documentary material has been produced by any person in | ||
the course of any investigation pursuant to a subpoena | ||
under this Section and: | ||
(A) any case or proceeding before the court or | ||
grand jury arising out of such investigation, or any | ||
proceeding before any State agency involving such | ||
material, has been completed, or | ||
(B) no case or proceeding in which such material | ||
may be used has been commenced within a reasonable | ||
time after completion of the examination and analysis | ||
of all documentary material and other information | ||
assembled in the course of such investigation, | ||
the custodian shall, upon written request of the person | ||
who produced such material, return to such person any such | ||
material which has not passed into the control of any | ||
court, grand jury, or agency through introduction into the |
record of such case or proceeding. | ||
(j) Judicial proceedings. | ||
(1) Petition for enforcement. Whenever any person | ||
fails to comply with any subpoena issued under subsection | ||
(a), or whenever satisfactory copying or reproduction of | ||
any material requested in such demand cannot be done and | ||
such person refuses to surrender such material, the | ||
Attorney General may file, in the circuit court of any | ||
county in which such person resides, is found, or | ||
transacts business, or the circuit court of the county in | ||
which an action filed pursuant to Section 4 of this Act is | ||
pending if the action relates to the subject matter of the | ||
subpoena and serve upon such person a petition for an | ||
order of such court for the enforcement of the subpoena. | ||
(2) Petition to modify or set aside subpoena. | ||
(A) Any person who has received a subpoena issued | ||
under subsection (a) may file, in the circuit court of | ||
any county within which such person resides, is found, | ||
or transacts business, and serve upon the Attorney | ||
General a petition for an order of the court to modify | ||
or set aside such subpoena. In the case of a petition | ||
addressed to an express demand for any product of | ||
discovery, a petition to modify or set aside such | ||
demand may be brought only in the circuit court of the | ||
county in which the proceeding in which such discovery | ||
was obtained is or was last pending. Any petition |
under this subparagraph (A) must be filed: | ||
(i) within 20 days after the date of service | ||
of the subpoena, or at any time before the return | ||
date specified in the subpoena, whichever date is | ||
earlier, or | ||
(ii) within such longer period as may be | ||
prescribed in writing by the Attorney General. | ||
(B) The petition shall specify each ground upon | ||
which the petitioner relies in seeking relief under | ||
subparagraph (A), and may be based upon any failure of | ||
the subpoena to comply with the provisions of this | ||
Section or upon any constitutional or other legal | ||
right or privilege of such person. During the pendency | ||
of the petition in the court, the court may stay, as it | ||
deems proper, the running of the time allowed for | ||
compliance with the subpoena, in whole or in part, | ||
except that the person filing the petition shall | ||
comply with any portion of the subpoena not sought to | ||
be modified or set aside. | ||
(3) Petition to modify or set aside demand for product | ||
of discovery. In the case of any subpoena issued under | ||
subsection (a) which is an express demand for any product | ||
of discovery, the person from whom such discovery was | ||
obtained may file, in the circuit court of the county in | ||
which the proceeding in which such discovery was obtained | ||
is or was last pending, a petition for an order of such |
court to modify or set aside those portions of the | ||
subpoena requiring production of any such product of | ||
discovery, subject to the same terms, conditions, and | ||
limitations set forth in subparagraph (j)(2) of this | ||
Section. | ||
(4) Jurisdiction. Whenever any petition is filed in | ||
any circuit court under this subsection (j), such court | ||
shall have jurisdiction to hear and determine the matter | ||
so presented, and to enter such orders as may be required | ||
to carry out the provisions of this Section. Any final | ||
order so entered shall be subject to appeal in the same | ||
manner as appeals of other final orders in civil matters. | ||
Any disobedience of any final order entered under this | ||
Section by any court shall be punished as a contempt of the | ||
court. | ||
(k) Disclosure exemption. Any documentary material, | ||
answers to written interrogatories, or oral testimony provided | ||
under any subpoena issued under subsection (a) shall be exempt | ||
from disclosure under the Illinois Administrative Procedure | ||
Act. | ||
(Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.) | ||
Section 605. The Good Samaritan Act is amended by changing | ||
Section 42 as follows: | ||
(745 ILCS 49/42) |
Sec. 42. Optometrists; exemption from civil liability for | ||
emergency care. Any optometrist or any person licensed as an a | ||
optometrist in any other state or territory of the United | ||
States who in good faith provides emergency care without fee | ||
to a victim of an accident at the scene of an accident shall | ||
not, as a result of his or her acts or omissions, except | ||
willful or wanton misconduct on the part of the person, in | ||
providing the care, be liable for civil damages. | ||
(Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.) | ||
Section 610. The Emancipation of Minors Act is amended by | ||
changing Section 2 as follows: | ||
(750 ILCS 30/2) (from Ch. 40, par. 2202) | ||
Sec. 2. Purpose and policy. The purpose of this Act is to | ||
provide a means by which a mature minor who has demonstrated | ||
the ability and capacity to manage the minor's own affairs and | ||
to live wholly or partially independent of the minor's parents | ||
or guardian, may obtain the legal status of an emancipated | ||
person with power to enter into valid legal contracts. | ||
This Act is not intended to interfere with the integrity | ||
of the family or the rights of parents and their children. No | ||
order of complete or partial emancipation may be entered under | ||
this Act if there is any objection by the minor. An order of | ||
complete or partial emancipation may be entered under this Act | ||
if there is an objection by the minor's parents or guardian |
only if the court finds, in a hearing, that emancipation would | ||
be in the minor's best interests. This Act does not limit or | ||
exclude any other means either in statute or case law by which | ||
a minor may become emancipated. | ||
(g) Beginning January 1, 2019, and annually thereafter | ||
through January 1, 2024, the Department of Human Services | ||
shall submit annual reports to the General Assembly regarding | ||
homeless minors older than 16 years of age but less than 18 | ||
years of age referred to a youth transitional housing program | ||
for whom parental consent to enter the program is not | ||
obtained. The report shall include the following information: | ||
(1) the number of homeless minors referred to youth | ||
transitional housing programs; | ||
(2) the number of homeless minors who were referred | ||
but a licensed youth transitional housing program was not | ||
able to provide housing and services, and what subsequent | ||
steps, if any, were taken to ensure that the homeless | ||
minors were referred to an appropriate and available | ||
alternative placement; | ||
(3) the number of homeless minors who were referred | ||
but determined to be ineligible for a youth transitional | ||
housing program and the reason why the homeless minors | ||
were determined to be ineligible, and what subsequent | ||
steps, if any, were taken to ensure that the homeless | ||
minors were referred to an appropriate and available | ||
alternative placement; and |
(4) the number of homeless minors who voluntarily left | ||
the program and who were dismissed from the program while | ||
they were under the age of 18, and what subsequent steps, | ||
if any, were taken to ensure that the homeless minors were | ||
referred to an appropriate and available alternative | ||
placement. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.) | ||
Section 615. The Electric Vehicle Charging Act is amended | ||
by changing Sections 15, 25, and 35 as follows: | ||
(765 ILCS 1085/15) | ||
Sec. 15. Definitions. As used in this Act: | ||
"Affordable housing development" means (i) any housing | ||
that is subsidized by the federal or State government or (ii) | ||
any housing in which at least 20% of the dwelling units are | ||
subject to covenants or restrictions that require that the | ||
dwelling units to be sold or rented at prices that preserve | ||
them as affordable housing for a period of at least 10 years. | ||
"Association" has the meaning set forth in subsection (o) | ||
of Section 2 of the Condominium Property Act or Section 1-5 of | ||
the Common Interest Community Association Act, as applicable. | ||
"Electric vehicle" means a vehicle that is exclusively | ||
powered by and refueled by electricity, plugs in to charge, | ||
and is licensed to drive on public roadways. "Electric | ||
vehicle" does not include electric mopeds, electric |
off-highway vehicles, hybrid electric vehicles, or | ||
extended-range electric vehicles that are equipped, fully or | ||
partially, with conventional fueled propulsion or auxiliary | ||
engines. | ||
"Electric vehicle charging system" means a device that is: | ||
(1) used to provide electricity to an electric | ||
vehicle; | ||
(2) designed to ensure that a safe connection has been | ||
made between the electric grid and the electric vehicle; | ||
and | ||
(3) able to communicate with the vehicle's control | ||
system so that electricity flows at an appropriate voltage | ||
and current level. An electric vehicle charging system may | ||
be wall mounted or pedestal style, may provide multiple | ||
cords to connect with electric vehicles, and shall: | ||
(i) be certified by Underwriters Laboratories or | ||
have been granted an equivalent certification; and | ||
(ii) comply with the current version of Article | ||
625 of the National Electrical Code. | ||
"Electric vehicle supply equipment" or "EVSE" means a | ||
conductor, including an ungrounded, grounded, and equipment | ||
grounding conductor, and electric vehicle connectors, | ||
attachment plugs, and all other fittings, devices, power | ||
outlets, and apparatuses installed specifically for the | ||
purpose of transferring energy between the premises wiring and | ||
the electric vehicle. |
"EV-capable" means parking spaces that have the electrical | ||
panel capacity and conduit installed during construction to | ||
support future implementation of electric vehicle charging | ||
with 208-volt or 240-volt or greater, 40-ampere or greater | ||
circuits. Each EV-capable space shall feature a continuous | ||
raceway or cable assembly installed between an enclosure or | ||
outlet located within 3 feet of the EV-capable space and a | ||
suitable panelboard or other onsite electrical distribution | ||
equipment. The electrical distribution equipment to which the | ||
raceway or cable assembly connects shall have sufficient | ||
dedicated space and spare electrical capacity for a 2-pole | ||
circuit breaker or set of fuses. Reserved capacity shall be no | ||
less than 40A 208/240V for each EV-capable space unless | ||
EV-capable spaces will be controlled by an energy management | ||
system providing load management in accordance with NFPA 70, | ||
shall have a minimum capacity of 4.1 kilovolt-ampere per | ||
space, or have a minimum capacity of 2.7 kilovolt-ampere per | ||
space when all of the parking spaces are designed to be | ||
EV-capable spaces, EV-ready spaces, or EVSE-installed spaces. | ||
The electrical enclosure or outlet and the electrical | ||
distribution equipment directory shall be marked "For future | ||
electric vehicle supply equipment (EVSE)." This strategy | ||
ensures the reduction of up-front costs for electric vehicle | ||
charging station installation by providing the electrical | ||
elements that are difficult to install during a retrofit. | ||
Anticipating the use of dual-head EVSE, the same circuit may |
be used to support charging in adjacent EV-capable spaces. For | ||
purposes of this Act, "EV-capable" "EV capable" shall not be | ||
construed to require a developer or builder to install or run | ||
wire or cable from the electrical panel through the conduit or | ||
raceway to the terminus of the conduit. | ||
"EV-ready" means parking spaces that are provided with a | ||
branch circuit and either an outlet, junction box, or | ||
receptacle that will support an installed EVSE. Each branch | ||
circuit serving EV-ready spaces shall terminate at an outlet | ||
or enclosure, located within 3 feet of each EV-ready space it | ||
serves. The panelboard or other electrical distribution | ||
equipment directory shall designate the branch circuit as "For | ||
electric vehicle supply equipment (EVSE)" and the outlet or | ||
enclosure shall be marked "For electric vehicle supply | ||
equipment (EVSE)." The capacity of each branch circuit serving | ||
multiple EV-ready spaces designed to be controlled by an | ||
energy management system providing load management in | ||
accordance with NFPA 70, shall have a minimum capacity of 4.1 | ||
kilovolt-ampere per space, or have a minimum capacity of 2.7 | ||
kilovolt-ampere per space when all of the parking spaces are | ||
designed to be EV-capable spaces, EV-ready spaces, or EVSE | ||
spaces. | ||
"EVSE-installed" means electric vehicle supply equipment | ||
that is fully installed from the electrical panel to the | ||
parking space. | ||
"Large multifamily residence" means a single residential |
building that accommodates 5 families or more. | ||
"Level 1" means a 120-volt 20-ampere minimum branch | ||
circuit. | ||
"Level 2" means a 208-volt to 240-volt 40-ampere branch | ||
circuit. | ||
"New" means newly constructed. | ||
"Reasonable restriction" means a restriction that does not | ||
significantly increase the cost of the electric vehicle | ||
charging station or electric vehicle charging system or | ||
significantly decrease its efficiency or specified | ||
performance. | ||
"Single-family residence" means a detached single-family | ||
residence on a single lot. | ||
"Small multifamily residence" means a single residential | ||
building that accommodates 2 to 4 families. | ||
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.) | ||
(765 ILCS 1085/25) | ||
Sec. 25. Residential requirements. | ||
(a) All building permits issued 90 days after the | ||
effective date of this Act shall require a new, large | ||
multifamily residential building or a large multifamily | ||
residential building being renovated by a developer converting | ||
the property to an association to have 100% of its total | ||
parking spaces EV-capable. However, nothing in this Act shall | ||
be construed to require that in the case of a developer |
converting the property to an association, no EV-capable or | ||
EV-ready mandate shall apply if it would necessitate the | ||
developer having to excavate an existing surface lot or other | ||
parking facility in order to retrofit retro-fit the parking | ||
lot or facility with the necessary conduit and wiring. | ||
(b) The following requirements and timelines shall apply | ||
for affordable housing. A new construction single-family | ||
residence or small multifamily residence that qualifies as an | ||
affordable housing development under the same project | ||
ownership and is located on a campus with centralized parking | ||
areas is subject to the requirements and timelines below. | ||
All building permits issued 24 months after the effective | ||
date of this Act shall require a new construction large | ||
multifamily residence that qualifies as an affordable housing | ||
development to have the following, unless additional | ||
requirements are required under a subsequently adopted | ||
building code: | ||
(1) For permits issued 24 months after the effective | ||
date of this Act, a minimum of 40% EV-capable parking | ||
spaces. | ||
(2) For permits issued 5 years after the effective | ||
date of this Act, a minimum of 50% EV-capable parking | ||
spaces. | ||
(3) For permits issued 10 years after the effective | ||
date of this Act, a minimum of 70% EV-capable parking | ||
spaces. |
(d) An accessible parking space is not required by this | ||
Section if no accessible parking spaces are required by the | ||
local zoning code. | ||
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.) | ||
(765 ILCS 1085/35) | ||
Sec. 35. Electric vehicle charging system policy for | ||
renters. | ||
(a) Notwithstanding any provision in the lease to the | ||
contrary and subject to subsection (b): | ||
(1) a tenant may install, at the tenant's expense for | ||
the tenant's own use, a level 1 receptacle or outlet, a | ||
level 2 receptacle or outlet, or a level 2 electric | ||
vehicle charging system on or in the leased premises; | ||
(2) a landlord shall not assess or charge a tenant any | ||
fee for the placement or use of an electric vehicle | ||
charging system, except that: | ||
(A) the landlord may: | ||
(i) require reimbursement for the actual cost | ||
of electricity provided by the landlord that was | ||
used by the electric vehicle charging system; | ||
(ii) charge a reasonable fee for access. If | ||
the electric vehicle charging system is part of a | ||
network for which a network fee is charged, the | ||
landlord's reimbursement may include the amount of | ||
the network fee. Nothing in this subparagraph |
requires a landlord to impose upon a tenant a fee | ||
or charge other than the rental payments specified | ||
in the lease; or | ||
(iii) charge a security deposit to cover costs | ||
to restore the property to its original condition | ||
if the tenant removes the electric vehicle | ||
charging system ; . | ||
(B) the landlord may require reimbursement for the | ||
cost of the installation of the electric vehicle | ||
charging system, including any additions or upgrades | ||
to existing wiring directly attributable to the | ||
requirements of the electric vehicle charging system, | ||
if the landlord places or causes the electric vehicle | ||
charging system to be placed at the request of the | ||
tenant; and | ||
(C) if the tenant desires to place an electric | ||
vehicle charging system in an area accessible to other | ||
tenants, the landlord may assess or charge the tenant | ||
a reasonable fee to reserve a specific parking space | ||
in which to install the electric vehicle charging | ||
system. | ||
(b) A landlord may require a tenant to comply with: | ||
(1) bona fide safety requirements consistent with an | ||
applicable building code or recognized safety standard for | ||
the protection of persons and property; | ||
(2) a requirement that the electric vehicle charging |
system be registered with the landlord within 30 days | ||
after installation; or | ||
(3) reasonable aesthetic provisions that govern the | ||
dimensions, placement, or external appearance of an | ||
electric vehicle charging system. | ||
(c) A tenant may place an electric vehicle charging system | ||
if: | ||
(1) the electric vehicle charging system is in | ||
compliance with all applicable requirements adopted by a | ||
landlord under subsection (b); and | ||
(2) the tenant agrees, in writing, to: | ||
(A) comply with the landlord's design | ||
specifications for the installation of an electric | ||
vehicle charging system; | ||
(B) engage the services of a duly licensed and | ||
registered electrical contractor familiar with the | ||
installation and code requirements of an electric | ||
vehicle charging system; and | ||
(C) provide, within 14 days after receiving the | ||
landlord's consent for the installation, a certificate | ||
of insurance naming the landlord as an additional | ||
insured party on the tenant's renter's insurance | ||
policy for any claim related to the installation, | ||
maintenance, or use of the electric vehicle charging | ||
system or, at the landlord's option, reimbursement to | ||
the landlord for the actual cost of any increased |
insurance premium amount attributable to the electric | ||
vehicle charging system, notwithstanding any provision | ||
to the contrary in the lease. The tenant shall provide | ||
reimbursement for an increased insurance premium | ||
amount within 14 days after the tenant receives the | ||
landlord's invoice for the amount attributable to the | ||
electric vehicle charging system. | ||
(d) If the landlord consents to a tenant's installation of | ||
an electric vehicle charging system on property accessible to | ||
other tenants, including a parking space, carport, or garage | ||
stall, then, unless otherwise specified in a written agreement | ||
with the landlord: | ||
(1) The tenant, and each successive tenant with | ||
exclusive rights to the area where the electric vehicle | ||
charging system is installed, is responsible for costs for | ||
damages to the electric vehicle charging system and to any | ||
other property of the landlord or another tenant resulting | ||
from the installation, maintenance, repair, removal, or | ||
replacement of the electric vehicle charging system. | ||
(A) Costs under this paragraph shall be based on: | ||
(i) an embedded submetering device; or | ||
(ii) a reasonable calculation of cost, based | ||
on the average miles driven, efficiency of the | ||
electric vehicle calculated by the United States | ||
Environmental Protection Agency, and the cost of | ||
electricity for the common area. |
(B) The purpose of the costs under this paragraph | ||
is for reasonable reimbursement of electricity usage | ||
and shall not be set to deliberately exceed that | ||
reasonable reimbursement. | ||
(2) Each successive tenant with exclusive rights to | ||
the area where the electric vehicle charging system is | ||
installed shall assume responsibility for the repair, | ||
maintenance, removal, and replacement of the electric | ||
vehicle charging system until the electric vehicle | ||
charging system is removed. | ||
(3) The tenant, and each successive tenant with | ||
exclusive rights to the area where the electric vehicle | ||
charging system is installed, shall, at all times, have | ||
and maintain an insurance policy covering the obligations | ||
of the tenant under this subsection and shall name the | ||
landlord as an additional insured party under the policy. | ||
(4) The tenant, and each successive tenant with | ||
exclusive rights to the area where the electric vehicle | ||
charging system is installed, is responsible for removing | ||
the system if reasonably necessary or convenient for the | ||
repair, maintenance, or replacement of any property of the | ||
landlord, whether or not leased to another tenant. | ||
(e) An electric vehicle charging system installed at the | ||
tenant's cost is the property of the tenant. Upon termination | ||
of the lease, if the electric vehicle charging system is | ||
removable, the tenant may either remove it or sell it to the |
landlord or another tenant for an agreed price. Nothing in | ||
this subsection requires the landlord or another tenant to | ||
purchase the electric vehicle charging system. | ||
(f) A landlord that willfully violates this Section shall | ||
be liable to the tenant for actual damages, and shall pay a | ||
civil penalty to the tenant in an amount not to exceed $1,000. | ||
(g) In any action by a tenant requesting to have an | ||
electric vehicle charging system installed and seeking to | ||
enforce compliance with this Section, the court shall award | ||
reasonable attorney's fees to a prevailing plaintiff. | ||
(h) A tenant whose landlord is an owner in an association | ||
and who desires to install an electric vehicle charging | ||
station must obtain approval to do so through the tenant's | ||
landlord or owner and in accordance with those provisions of | ||
this Act applicable to associations. | ||
(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.) | ||
Section 620. The Illinois Human Rights Act is amended by | ||
changing Section 8-101 as follows: | ||
(775 ILCS 5/8-101) | ||
Sec. 8-101. Illinois Human Rights Commission. | ||
(A) Creation; appointments. The Human Rights Commission is | ||
created to consist of 7 members appointed by the Governor with | ||
the advice and consent of the Senate. No more than 4 members | ||
shall be of the same political party. The Governor shall |
designate one member as chairperson. All appointments shall be | ||
in writing and filed with the Secretary of State as a public | ||
record. | ||
(B) Terms. Of the members first appointed, 4 shall be | ||
appointed for a term to expire on the third Monday of January , | ||
2021, and 3 (including the Chairperson) shall be appointed for | ||
a term to expire on the third Monday of January , 2023. | ||
Notwithstanding any provision of this Section to the | ||
contrary, the term of office of each member of the Illinois | ||
Human Rights Commission is abolished on January 19, 2019. | ||
Incumbent members holding a position on the Commission that | ||
was created by Public Act 84-115 and whose terms, if not for | ||
Public Act 100-1066 this amendatory Act of the 100th General | ||
Assembly , would have expired January 18, 2021 shall continue | ||
to exercise all of the powers and be subject to all of the | ||
duties of members of the Commission until June 30, 2019 or | ||
until their respective successors are appointed and qualified, | ||
whichever is earlier. | ||
Thereafter, each member shall serve for a term of 4 years | ||
and until the member's successor is appointed and qualified; | ||
except that any member chosen to fill a vacancy occurring | ||
otherwise than by expiration of a term shall be appointed only | ||
for the unexpired term of the member whom the member shall | ||
succeed and until the member's successor is appointed and | ||
qualified. | ||
(C) Vacancies. |
(1) In the case of vacancies on the Commission during | ||
a recess of the Senate, the Governor shall make a | ||
temporary appointment until the next meeting of the Senate | ||
when the Governor shall appoint a person to fill the | ||
vacancy. Any person so nominated and confirmed by the | ||
Senate shall hold office for the remainder of the term and | ||
until the person's successor is appointed and qualified. | ||
(2) If the Senate is not in session at the time this | ||
Act takes effect, the Governor shall make temporary | ||
appointments to the Commission as in the case of | ||
vacancies. | ||
(3) Vacancies in the Commission shall not impair the | ||
right of the remaining members to exercise all the powers | ||
of the Commission. Except when authorized by this Act to | ||
proceed through a 3 member panel, a majority of the | ||
members of the Commission then in office shall constitute | ||
a quorum. | ||
(D) Compensation. On and after January 19, 2019, the | ||
Chairperson of the Commission shall be compensated at the rate | ||
of $125,000 per year, or as set by the Compensation Review | ||
Board, whichever is greater, during the Chairperson's service | ||
as Chairperson, and each other member shall be compensated at | ||
the rate of $119,000 per year, or as set by the Compensation | ||
Review Board, whichever is greater. In addition, all members | ||
of the Commission shall be reimbursed for expenses actually | ||
and necessarily incurred by them in the performance of their |
duties. | ||
(E) Notwithstanding the general supervisory authority of | ||
the Chairperson, each commissioner, unless appointed to the | ||
special temporary panel created under subsection (H), has the | ||
authority to hire and supervise a staff attorney. The staff | ||
attorney shall report directly to the individual commissioner. | ||
(F) A formal training program for newly appointed | ||
commissioners shall be implemented. The training program shall | ||
include the following: | ||
(1) substantive and procedural aspects of the office | ||
of commissioner; | ||
(2) current issues in employment and housing | ||
discrimination and public accommodation law and practice; | ||
(3) orientation to each operational unit of the Human | ||
Rights Commission; | ||
(4) observation of experienced hearing officers and | ||
commissioners conducting hearings of cases, combined with | ||
the opportunity to discuss evidence presented and rulings | ||
made; | ||
(5) the use of hypothetical cases requiring the newly | ||
appointed commissioner to issue judgments as a means of | ||
evaluating knowledge and writing ability; | ||
(6) writing skills; and | ||
(7) professional and ethical standards. | ||
A formal and ongoing professional development program | ||
including, but not limited to, the above-noted areas shall be |
implemented to keep commissioners informed of recent | ||
developments and issues and to assist them in maintaining and | ||
enhancing their professional competence. Each commissioner | ||
shall complete 20 hours of training in the above-noted areas | ||
during every 2 years the commissioner remains in office. | ||
(G) Commissioners must meet one of the following | ||
qualifications: | ||
(1) licensed to practice law in the State of Illinois; | ||
(2) at least 3 years of experience as a hearing | ||
officer at the Human Rights Commission; or | ||
(3) at least 4 years of professional experience | ||
working for or dealing with individuals or corporations | ||
affected by this Act or similar laws in other | ||
jurisdictions, including, but not limited to, experience | ||
with a civil rights advocacy group, a fair housing group, | ||
a community organization, a trade association, a union, a | ||
law firm, a legal aid organization, an employer's human | ||
resources department, an employment discrimination | ||
consulting firm, a community affairs organization, or a | ||
municipal human relations agency. | ||
The Governor's appointment message, filed with the | ||
Secretary of State and transmitted to the Senate, shall state | ||
specifically how the experience of a nominee for commissioner | ||
meets the requirement set forth in this subsection. The | ||
Chairperson must have public or private sector management and | ||
budget experience, as determined by the Governor. |
Each commissioner shall devote full time to the | ||
commissioner's duties and any commissioner who is an attorney | ||
shall not engage in the practice of law, nor shall any | ||
commissioner hold any other office or position of profit under | ||
the United States or this State or any municipal corporation | ||
or political subdivision of this State, nor engage in any | ||
other business, employment, or vocation. | ||
(H) (Blank). | ||
(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 622. The Business Corporation Act of 1983 is | ||
amended by changing Section 1.80 as follows: | ||
(805 ILCS 5/1.80) (from Ch. 32, par. 1.80) | ||
Sec. 1.80. Definitions. As used in this Act, unless the | ||
context otherwise requires, the words and phrases defined in | ||
this Section shall have the meanings set forth herein. | ||
(a) "Corporation" or "domestic corporation" means a | ||
corporation subject to the provisions of this Act, except a | ||
foreign corporation. | ||
(b) "Foreign corporation" means a corporation for profit | ||
organized under laws other than the laws of this State, but | ||
shall not include a banking corporation organized under the | ||
laws of another state or of the United States, a foreign | ||
banking corporation organized under the laws of a country |
other than the United States and holding a certificate of | ||
authority from the Commissioner of Banks and Real Estate | ||
issued pursuant to the Foreign Banking Office Act, or a | ||
banking corporation holding a license from the Commissioner of | ||
Banks and Real Estate issued pursuant to the Foreign Bank | ||
Representative Office Act. | ||
(c) "Articles of incorporation" means the original | ||
articles of incorporation, including the articles of | ||
incorporation of a new corporation set forth in the articles | ||
of consolidation, and all amendments thereto, whether | ||
evidenced by articles of amendment, articles of merger, | ||
articles of exchange, statement of correction affecting | ||
articles, resolution establishing series of shares or a | ||
statement of cancellation under Section 9.05. Restated | ||
articles of incorporation shall supersede the original | ||
articles of incorporation and all amendments thereto prior to | ||
the effective date of filing the articles of amendment | ||
incorporating the restated articles of incorporation. | ||
(d) "Subscriber" means one who subscribes for shares in a | ||
corporation, whether before or after incorporation. | ||
(e) "Incorporator" means one of the signers of the | ||
original articles of incorporation. | ||
(f) "Shares" means the units into which the proprietary | ||
interests in a corporation are divided. | ||
(g) "Shareholder" means one who is a holder of record of | ||
shares in a corporation. |
(h) "Certificate" representing shares means a written | ||
instrument executed by the proper corporate officers, as | ||
required by Section 6.35 of this Act, evidencing the fact that | ||
the person therein named is the holder of record of the share | ||
or shares therein described. If the corporation is authorized | ||
to issue uncertificated shares in accordance with Section 6.35 | ||
of this Act, any reference in this Act to shares represented by | ||
a certificate shall also refer to uncertificated shares and | ||
any reference to a certificate representing shares shall also | ||
refer to the written notice in lieu of a certificate provided | ||
for in Section 6.35. | ||
(i) "Authorized shares" means the aggregate number of | ||
shares of all classes which the corporation is authorized to | ||
issue. | ||
(j) "Paid-in capital" means the sum of the cash and other | ||
consideration received, less expenses, including commissions, | ||
paid or incurred by the corporation, in connection with the | ||
issuance of shares, plus any cash and other consideration | ||
contributed to the corporation by or on behalf of its | ||
shareholders, plus amounts added or transferred to paid-in | ||
capital by action of the board of directors or shareholders | ||
pursuant to a share dividend, share split, or otherwise, minus | ||
reductions as provided elsewhere in this Act. Irrespective of | ||
the manner of designation thereof by the laws under which a | ||
foreign corporation is or may be organized, paid-in capital of | ||
a foreign corporation shall be determined on the same basis |
and in the same manner as paid-in capital of a domestic | ||
corporation, for the purpose of computing license fees, | ||
franchise taxes and other charges imposed by this Act. | ||
(k) "Net assets", for the purpose of determining the right | ||
of a corporation to purchase its own shares and of determining | ||
the right of a corporation to declare and pay dividends and | ||
make other distributions to shareholders is equal to the | ||
difference between the assets of the corporation and the | ||
liabilities of the corporation. | ||
(l) "Registered office" means that office maintained by | ||
the corporation in this State, the address of which is on file | ||
in the office of the Secretary of State, at which any process, | ||
notice or demand required or permitted by law may be served | ||
upon the registered agent of the corporation. | ||
(m) "Insolvent" means that a corporation is unable to pay | ||
its debts as they become due in the usual course of its | ||
business. | ||
(n) "Anniversary" means that day each year exactly one or | ||
more years after: | ||
(1) the date of filing the articles of incorporation | ||
prescribed by Section 2.10 of this Act, in the case of a | ||
domestic corporation; | ||
(2) the date of filing the application for authority | ||
prescribed by Section 13.15 of this Act, in the case of a | ||
foreign corporation; or | ||
(3) the date of filing the articles of consolidation |
prescribed by Section 11.25 of this Act in the case of a | ||
consolidation, unless the plan of consolidation provides | ||
for a delayed effective date, pursuant to Section 11.40. | ||
(o) "Anniversary month" means the month in which the | ||
anniversary of the corporation occurs. | ||
(p) "Extended filing month" means the month (if any) which | ||
shall have been established in lieu of the corporation's | ||
anniversary month in accordance with Section 14.01. | ||
(q) "Taxable year" means that 12-month 12 month period | ||
commencing with the first day of the anniversary month of a | ||
corporation through the last day of the month immediately | ||
preceding the next occurrence of the anniversary month of the | ||
corporation, except that in the case of a corporation that has | ||
established an extended filing month "taxable year" means that | ||
12-month 12 month period commencing with the first day of the | ||
extended filing month through the last day of the month | ||
immediately preceding the next occurrence of the extended | ||
filing month. | ||
(r) "Fiscal year" means the 12-month 12 month period with | ||
respect to which a corporation ordinarily files its federal | ||
income tax return. | ||
(s) "Close corporation" means a corporation organized | ||
under or electing to be subject to Article 2A of this Act, the | ||
articles of incorporation of which contain the provisions | ||
required by Section 2.10, and either the corporation's | ||
articles of incorporation or an agreement entered into by all |
of its shareholders provide that all of the issued shares of | ||
each class shall be subject to one or more of the restrictions | ||
on transfer set forth in Section 6.55 of this Act. | ||
(t) "Common shares" means shares which have no preference | ||
over any other shares with respect to distribution of assets | ||
on liquidation or with respect to payment of dividends. | ||
(u) "Delivered", for the purpose of determining if any | ||
notice required by this Act is effective, means: | ||
(1) transferred or presented to someone in person; or | ||
(2) deposited in the United States Mail addressed to | ||
the person at his, her or its address as it appears on the | ||
records of the corporation, with sufficient first-class | ||
postage prepaid thereon. | ||
(v) "Property" means gross assets including, without | ||
limitation, all real, personal, tangible, and intangible | ||
property. | ||
(w) "Taxable period" means that 12-month period commencing | ||
with the first day of the second month preceding the | ||
corporation's anniversary month in the preceding year and | ||
prior to the first day of the second month immediately | ||
preceding its anniversary month in the current year, except | ||
that, in the case of a corporation that has established an | ||
extended filing month, "taxable period" means that 12-month | ||
period ending with the last day of its fiscal year immediately | ||
preceding the extended filing month. In the case of a newly | ||
formed domestic corporation or a newly registered foreign |
corporation that had not commenced transacting business in | ||
this State prior to obtaining authority, "taxable period" | ||
means that period commencing with the filing of the articles | ||
of incorporation or, in the case of a foreign corporation, of | ||
filing of the application for authority, and prior to the | ||
first day of the second month immediately preceding its | ||
anniversary month in the next succeeding year. | ||
(x) "Treasury shares" mean (1) shares of a corporation | ||
that have been issued, have been subsequently acquired by and | ||
belong to the corporation, and have not been cancelled or | ||
restored to the status of authorized but unissued shares and | ||
(2) shares (i) declared and paid as a share dividend on the | ||
shares referred to in clause (1) or this clause (2), or (ii) | ||
issued in a share split of the shares referred to in clause (1) | ||
or this clause (2). Treasury shares shall be deemed to be | ||
"issued" shares but not "outstanding" shares. Treasury shares | ||
may not be voted, directly or indirectly, at any meeting or | ||
otherwise. Shares converted into or exchanged for other shares | ||
of the corporation shall not be deemed to be treasury shares. | ||
(y) "Gross amount of business" means gross receipts, from | ||
whatever source derived. | ||
(z) "Open data" means data that is expressed in a | ||
machine-readable form and that is made freely available to the | ||
public under an open license, without registration | ||
requirement, and without any other restrictions that would | ||
impede its use or reuse. |
(Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.) | ||
Section 625. The General Not For Profit Corporation Act of | ||
1986 is amended by changing Section 103.05 as follows: | ||
(805 ILCS 105/103.05) (from Ch. 32, par. 103.05) | ||
Sec. 103.05. Purposes and authority of corporations; | ||
particular purposes; exemptions. | ||
(a) Not-for-profit corporations may be organized under | ||
this Act for any one or more of the following or similar | ||
purposes: | ||
(1) Charitable. | ||
(2) Benevolent. | ||
(3) Eleemosynary. | ||
(4) Educational. | ||
(5) Civic. | ||
(6) Patriotic. | ||
(7) Political. | ||
(8) Religious. | ||
(9) Social. | ||
(10) Literary. | ||
(11) Athletic. | ||
(12) Scientific. | ||
(13) Research. | ||
(14) Agricultural. | ||
(15) Horticultural. |
(16) Soil improvement. | ||
(17) Crop improvement. | ||
(18) Livestock or poultry improvement. | ||
(19) Professional, commercial, industrial, or trade | ||
association. | ||
(20) Promoting the development, establishment, or | ||
expansion of industries. | ||
(21) Electrification on a cooperative basis. | ||
(22) Telephone service on a mutual or cooperative | ||
basis. | ||
(23) Ownership and operation of water supply | ||
facilities for drinking and general domestic use on a | ||
mutual or cooperative basis. | ||
(24) Ownership or administration of residential | ||
property on a cooperative basis. | ||
(25) Administration and operation of property owned on | ||
a condominium basis or by a homeowner association. | ||
(26) Administration and operation of an organization | ||
on a cooperative basis producing or furnishing goods, | ||
services, or facilities primarily for the benefit of its | ||
members who are consumers of those goods, services, or | ||
facilities. | ||
(27) Operation of a community mental health board or | ||
center organized pursuant to the Community Mental Health | ||
Act for the purpose of providing direct patient services. | ||
(28) Provision of debt management services as |
authorized by the Debt Management Service Act. | ||
(29) Promotion, operation, and administration of a | ||
ridesharing arrangement as defined in Section 1-176.1 of | ||
the Illinois Vehicle Code. | ||
(30) The administration and operation of an | ||
organization for the purpose of assisting low-income | ||
consumers in the acquisition of utility and telephone | ||
services. | ||
(31) Any purpose permitted to be exempt from taxation | ||
under Sections 501(c) or 501(d) of the United States | ||
Internal Revenue Code, as now in or hereafter amended. | ||
(32) Any purpose that would qualify for tax-deductible | ||
gifts under the Section 170(c) of the United States | ||
Internal Revenue Code, as now or hereafter amended. Any | ||
such purpose is deemed to be charitable under subsection | ||
(a)(1) of this Section. | ||
(33) Furnishing of natural gas on a cooperative basis. | ||
(34) Ownership and operation of agriculture-based | ||
biogas (anaerobic digester) systems on a cooperative basis | ||
including the marketing and sale of products produced from | ||
these, including , but not limited to , methane gas, | ||
electricity, and compost. | ||
(35) Ownership and operation of a hemophilia program, | ||
including comprehensive hemophilia diagnostic treatment | ||
centers, under Section 501(a)(2) of the Social Security | ||
Act. The hemophilia program may employ physicians, other |
health care professionals, and staff. The program and the | ||
corporate board may not exercise control over, direct, or | ||
interfere with a physician's exercise and execution of his | ||
or her professional judgment in the provision of care or | ||
treatment. | ||
(36) Engineering for conservation services associated | ||
with wetland restoration or mitigation, flood mitigation, | ||
groundwater recharge, and natural infrastructure. | ||
Non-profit engineering for conservation services may not | ||
be procured by qualifications based selection criteria for | ||
contracts with the Department of Transportation, the | ||
Illinois State Toll Highway Authority, or Cook County, | ||
except as a subcontractor or subconsultant. | ||
(b) A corporation may be organized hereunder to serve in | ||
an area that adjoins or borders (except for any intervening | ||
natural watercourse) an area located in an adjoining state | ||
intended to be similarly served, and the corporation may join | ||
any corporation created by the adjoining state having an | ||
identical purpose and organized as a not-for-profit | ||
corporation. Whenever any corporation organized under this Act | ||
so joins with a foreign corporation having an identical | ||
purpose, the corporation shall be permitted to do business in | ||
Illinois as one corporation; provided (1) that the name, bylaw | ||
provisions, officers, and directors of each corporation are | ||
identical, (2) that the foreign corporation complies with the | ||
provisions of this Act relating to the admission of foreign |
corporation, and (3) that the Illinois corporation files a | ||
statement with the Secretary of State indicating that it has | ||
joined with a foreign corporation setting forth the name | ||
thereof and the state of its incorporation. | ||
(Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.) | ||
Section 630. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by setting forth, renumbering, and | ||
changing multiple versions of Section 2BBBB as follows: | ||
(815 ILCS 505/2BBBB) | ||
Sec. 2BBBB. Deceptive practices related to limited | ||
services pregnancy centers. | ||
(a) As used in this Section: | ||
"Abortion" means the use of any instrument, medicine, | ||
drug, or any other substance or device to terminate the | ||
pregnancy of an individual known to be pregnant with an | ||
intention other than to increase the probability of a live | ||
birth, to preserve the life or health of the child after live | ||
birth, or to remove a dead fetus, as defined in Section 1-10 of | ||
the Reproductive Health Act. | ||
"Affiliates" has the meaning given to the term "hospital | ||
affiliate" as defined in subsection (b) of Section 10.8 of the | ||
Hospital Licensing Act. | ||
"Emergency contraception" means one or more prescription | ||
drugs (i) used separately or in combination for the purpose of |
preventing pregnancy, (ii) administered to or | ||
self-administered by a patient within a medically recommended | ||
amount of time after sexual intercourse, and (iii) dispensed | ||
for such purpose in accordance with professional standards of | ||
practice. | ||
"Limited services pregnancy center" means an organization | ||
or facility, including a mobile facility, that: | ||
(1) does not directly provide abortions or provide or | ||
prescribe emergency contraception, or provide referrals | ||
for abortions or emergency contraception, and has no | ||
affiliation with any organization or provider who provides | ||
abortions or provides or prescribes emergency | ||
contraception; and | ||
(2) has a primary purpose to offer or provide | ||
pregnancy-related services to an individual who is or has | ||
reason to believe the individual may be pregnant, whether | ||
or not a fee is charged for such services. | ||
"Limited services pregnancy center" does not include: | ||
(1) a health care professional licensed by the | ||
Department of Financial and Professional Regulation; | ||
(2) a hospital licensed under the Hospital Licensing | ||
Act and its affiliates; or | ||
(3) a hospital licensed under the University of | ||
Illinois Hospital Act and its affiliates. | ||
"Limited services pregnancy center" includes an organization | ||
or facility that has employees, volunteers, or agents who are |
health care professionals licensed by the Department of | ||
Financial and Professional Regulation. | ||
"Pregnancy-related services" means any medical service, or | ||
health counseling service, related to the prevention, | ||
preservation, or termination of pregnancy, including, but not | ||
limited to, contraception and contraceptive counseling, | ||
pregnancy testing, pregnancy diagnosis, pregnancy options | ||
counseling, limited obstetric ultrasound, obstetric | ||
ultrasound, obstetric sonogram, sexually transmitted | ||
infections testing, and prenatal care. | ||
(b) A limited services pregnancy center shall not engage | ||
in unfair methods of competition or unfair or deceptive acts | ||
or practices, including the use or employment of any | ||
deception, fraud, false pretense, false promise, or | ||
misrepresentation, or the concealment, suppression, or | ||
omission of any material fact, with the intent that others | ||
rely upon the concealment, suppression, or omission of such | ||
material fact: | ||
(1) to interfere with or prevent an individual from | ||
seeking to gain entry or access to a provider of abortion | ||
or emergency contraception; | ||
(2) to induce an individual to enter or access the | ||
limited services pregnancy center; | ||
(3) in advertising, soliciting, or otherwise offering | ||
pregnancy-related services; or | ||
(4) in conducting, providing, or performing |
pregnancy-related services. | ||
(c) A violation of this Section constitutes a violation of | ||
this Act. | ||
(Source: P.A. 103-270, eff. 7-27-23.) | ||
(815 ILCS 505/2CCCC) | ||
Sec. 2CCCC 2BBBB . Violations of the Vision Care Plan | ||
Regulation Act. Any person who violates the Vision Care Plan | ||
Regulation Act commits an unlawful practice within the meaning | ||
of this Act. | ||
(Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.) | ||
(815 ILCS 505/2DDDD) | ||
Sec. 2DDDD 2BBBB . Sale and marketing of firearms. | ||
(a) As used in this Section: | ||
"Firearm" has the meaning set forth in Section 1.1 of the | ||
Firearm Owners Identification Card Act. | ||
"Firearm accessory" means an attachment or device designed | ||
or adapted to be inserted into, affixed onto, or used in | ||
conjunction with a firearm that is designed, intended, or | ||
functions to alter or enhance (i) the firing capabilities of a | ||
firearm, frame, or receiver, (ii) the lethality of the | ||
firearm, or (iii) a shooter's ability to hold and use a | ||
firearm. | ||
"Firearm ammunition" has the meaning set forth in Section | ||
1.1 of the Firearm Owners Identification Card Act. |
"Firearm industry member" means a person, firm, | ||
corporation, company, partnership, society, joint stock | ||
company, or any other entity or association engaged in the | ||
design, manufacture, distribution, importation, marketing, | ||
wholesale, or retail sale of firearm-related products, | ||
including sales by mail, telephone, or Internet or in-person | ||
sales. | ||
"Firearm-related product" means a firearm, firearm | ||
ammunition, a firearm precursor part, a firearm component, or | ||
a firearm accessory that meets any of the following | ||
conditions: | ||
(1) the item is sold, made, or distributed in | ||
Illinois; | ||
(2) the item is intended to be sold or distributed in | ||
Illinois; or | ||
(3) the item is or was possessed in Illinois, and it | ||
was reasonably foreseeable that the item would be | ||
possessed in Illinois. | ||
"Straw purchaser" means a person who (i) knowingly | ||
purchases or attempts to purchase a firearm-related product | ||
with intent to deliver that firearm-related product to another | ||
person who is prohibited by federal or State law from | ||
possessing a firearm-related product or (ii) intentionally | ||
provides false or misleading information on a Bureau of | ||
Alcohol, Tobacco, Firearms and Explosives firearms transaction | ||
record form to purchase a firearm-related product with the |
intent to deliver that firearm-related product to another | ||
person. | ||
"Unlawful paramilitary or private militia" means a group | ||
of armed individuals, organized privately, in violation of the | ||
Military Code of Illinois and Section 2 of Article XII of the | ||
Illinois Constitution. | ||
(b) It is an unlawful practice within the meaning of this | ||
Act for any firearm industry member, through the sale, | ||
manufacturing, importing, or marketing of a firearm-related | ||
product, to do any of the following: | ||
(1) Knowingly create, maintain, or contribute to a | ||
condition in Illinois that endangers the safety or health | ||
of the public by conduct either unlawful in itself or | ||
unreasonable under all circumstances, including failing to | ||
establish or utilize reasonable controls. Reasonable | ||
controls include reasonable procedures, safeguards, and | ||
business practices that are designed to: | ||
(A) prevent the sale or distribution of a | ||
firearm-related product to a straw purchaser, a person | ||
prohibited by law from possessing a firearm, or a | ||
person who the firearm industry member has reasonable | ||
cause to believe is at substantial risk of using a | ||
firearm-related product to harm themselves or another | ||
individual or of possessing or using a firearm-related | ||
product unlawfully; | ||
(B) prevent the loss or theft of a firearm-related |
product from the firearm industry member; or | ||
(C) comply with all provisions of applicable | ||
local, State, and federal law, and do not otherwise | ||
promote the unlawful manufacture, sale, possession, | ||
marketing, or use of a firearm-related product. | ||
(2) Advertise, market, or promote a firearm-related | ||
product in a manner that reasonably appears to support, | ||
recommend, or encourage individuals to engage in unlawful | ||
paramilitary or private militia activity in Illinois, or | ||
individuals who are not in the National Guard, United | ||
States armed forces reserves, United States armed forces, | ||
or any duly authorized military organization to use a | ||
firearm-related product for a military-related purpose in | ||
Illinois. | ||
(3) Except as otherwise provided, advertise, market, | ||
promote, design, or sell any firearm-related product in a | ||
manner that reasonably appears to support, recommend, or | ||
encourage persons under 18 years of age to unlawfully | ||
purchase or possess or use a firearm-related product in | ||
Illinois. | ||
(A) In determining whether the conduct of a | ||
firearm industry member, as described in this | ||
paragraph, reasonably appears to support, recommend, | ||
or encourage persons under 18 years of age to | ||
unlawfully purchase a firearm-related product, a court | ||
shall consider the totality of the circumstances, |
including, but not limited to, whether the marketing, | ||
advertising promotion, design, or sale: | ||
(i) uses caricatures that reasonably appear to | ||
be minors or cartoon characters; | ||
(ii) offers brand name merchandise for minors, | ||
including, but not limited to, clothing, toys, | ||
games, or stuffed animals, that promotes a firearm | ||
industry member or firearm-related product; | ||
(iii) offers firearm-related products in | ||
sizes, colors, or designs that are specifically | ||
designed to be used by, or appeal to, minors; | ||
(iv) is part of a marketing, advertising, or | ||
promotion campaign designed with the intent to | ||
appeal to minors; | ||
(v) uses images or depictions of minors in | ||
advertising or marketing, or promotion materials, | ||
to depict the use of firearm-related products; or | ||
(vi) is placed in a publication created for | ||
the purpose of reaching an audience that is | ||
predominantly composed of minors and not intended | ||
for a more general audience composed of adults. | ||
(B) This paragraph does not apply to | ||
communications or promotional materials regarding | ||
lawful recreational activity with a firearm , such as, | ||
but not limited to, practice shooting at targets on | ||
established public or private target ranges or |
hunting, trapping, or fishing in accordance with the | ||
Wildlife Code or the Fish and Aquatic Life Code. | ||
(4) Otherwise engage in unfair methods of competition | ||
or unfair or deceptive acts or practices declared unlawful | ||
under Section 2 of this Act. | ||
(c) Paragraphs (2), (3), and (4) of subsection (b) are | ||
declarative of existing law and shall not be construed as new | ||
enactments. The provisions of these paragraphs shall apply to | ||
all actions commenced or pending on or after August 14, 2023 | ||
( the effective date of Public Act 103-559) this amendatory Act | ||
of the 103rd General Assembly . | ||
(d) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes. | ||
(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.) | ||
Section 635. The Minimum Wage Law is amended by changing | ||
Section 12 as follows: | ||
(820 ILCS 105/12) | ||
Sec. 12. (a) If any employee is paid by his or her employer | ||
less than the wage to which he or she is entitled under the | ||
provisions of this Act, the employee may recover in a civil | ||
action treble the amount of any such underpayments together | ||
with costs and such reasonable attorney's fees as may be | ||
allowed by the Court, and damages of 5% of the amount of any | ||
such underpayments for each month following the date of |
payment during which such underpayments remain unpaid. Any | ||
agreement between the employee and the employer to work for | ||
less than such wage is no defense to such action. At the | ||
request of the employee or on motion of the Director of Labor, | ||
the Department of Labor may make an assignment of such wage | ||
claim in trust for the assigning employee and may bring any | ||
legal action necessary to collect such claim, and the employer | ||
shall be required to pay the costs incurred in collecting such | ||
claim. Every such action shall be brought within 3 years from | ||
the date of the underpayment. Such employer shall be liable to | ||
the Department of Labor for a penalty in an amount of up to 20% | ||
of the total employer's underpayment where the employer's | ||
conduct is proven by a preponderance of the evidence to be | ||
willful, repeated, or with reckless disregard of this Act or | ||
any rule adopted under this Act. Such employer shall be liable | ||
to the Department for an additional penalty of $1,500. All | ||
administrative penalties ordered under this Act shall be paid | ||
by certified check, money order, or by an electronic payment | ||
system designated by the Department for such purposes , and | ||
shall be made payable to or deposited into the Department's | ||
Wage Theft Enforcement Fund. Such employer shall be | ||
additionally liable to the employee for damages in the amount | ||
of 5% of the amount of any such underpayments for each month | ||
following the date of payment during which such underpayments | ||
remain unpaid. These penalties and damages may be recovered in | ||
a civil action brought by the Director of Labor in any circuit |
court. In any such action, the Director of Labor shall be | ||
represented by the Attorney General. | ||
If an employee collects damages of 5% of the amount of | ||
underpayments as a result of an action brought by the Director | ||
of Labor, the employee may not also collect those damages in a | ||
private action brought by the employee for the same violation. | ||
If an employee collects damages of 5% of the amount of | ||
underpayments in a private action brought by the employee, the | ||
employee may not also collect those damages as a result of an | ||
action brought by the Director of Labor for the same | ||
violation. | ||
(b) If an employee has not collected damages under | ||
subsection (a) for the same violation, the Director is | ||
authorized to supervise the payment of the unpaid minimum | ||
wages and the unpaid overtime compensation owing to any | ||
employee or employees under Sections 4 and 4a of this Act and | ||
may bring any legal action necessary to recover the amount of | ||
the unpaid minimum wages and unpaid overtime compensation and | ||
an equal additional amount as damages, and the employer shall | ||
be required to pay the costs incurred in collecting such | ||
claim. Such employer shall be additionally liable to the | ||
Department of Labor for up to 20% of the total employer's | ||
underpayment where the employer's conduct is proven by a | ||
preponderance of the evidence to be willful, repeated, or with | ||
reckless disregard of this Act or any rule adopted under this | ||
Act. Such employer shall be liable to the Department of Labor |
for an additional penalty of $1,500, payable to the | ||
Department's Wage Theft Enforcement Fund. The action shall be | ||
brought within 5 years from the date of the failure to pay the | ||
wages or compensation. Any sums thus recovered by the Director | ||
on behalf of an employee pursuant to this subsection shall be | ||
deposited into the Department of Labor Special State Trust | ||
Fund, from which the Department shall disburse the sums owed | ||
to the employee or employees. The Department shall conduct a | ||
good faith search to find all employees for whom it has | ||
recovered unpaid minimum wages or unpaid overtime | ||
compensation. All disbursements authorized under this Section | ||
shall be made by certified check, money order, or an | ||
electronic payment system designated by the Department. | ||
(c) The Department shall hold any moneys due to employees | ||
that it is unable to locate in the Department of Labor Special | ||
State Trust Fund for no less than 3 years after the moneys were | ||
collected. | ||
Beginning November 1, 2023, or as soon as is practical, | ||
and each November 1 thereafter, the Department shall report | ||
any moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased to the State Treasurer as required | ||
by the Revised Uniform Unclaimed Property Act. The Department | ||
shall not be required to provide the notice required under | ||
Section 15-501 of the Revised Uniform Unclaimed Property Act. |
Beginning July 1, 2023, or as soon as is practical, and | ||
each July 1 thereafter, the Department shall direct the State | ||
Comptroller and State Treasurer to transfer from the | ||
Department of Labor Special State Trust Fund the balance of | ||
the moneys due to employees who cannot be located and that have | ||
been held by the Department in the Department of Labor Special | ||
State Trust Fund for 3 or more years and moneys due to | ||
employees who are deceased as follows: (i) 15% to the Wage | ||
Theft Enforcement Fund and (ii) 85% to the Unclaimed Property | ||
Trust Fund. | ||
The Department may use moneys in the Wage Theft | ||
Enforcement Fund for the purposes described in Section 14 of | ||
the Illinois Wage Payment and Collection Act. | ||
(d) The Department may adopt rules to implement and | ||
administer this Section. | ||
(Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24; | ||
revised 12-15-23.) | ||
Section 640. The Equal Pay Act of 2003 is amended by | ||
changing Section 30 as follows: | ||
(820 ILCS 112/30) | ||
(Text of Section before amendment by P.A. 103-539 ) | ||
Sec. 30. Violations; fines and penalties. | ||
(a) If an employee is paid by his or her employer less than | ||
the wage to which he or she is entitled in violation of Section |
10 or 11 of this Act, the employee may recover in a civil | ||
action the entire amount of any underpayment together with | ||
interest, compensatory damages if the employee demonstrates | ||
that the employer acted with malice or reckless indifference, | ||
punitive damages as may be appropriate, injunctive relief as | ||
may be appropriate, and the costs and reasonable attorney's | ||
fees as may be allowed by the court and as necessary to make | ||
the employee whole. At the request of the employee or on a | ||
motion of the Director, the Department may make an assignment | ||
of the wage claim in trust for the assigning employee and may | ||
bring any legal action necessary to collect the claim, and the | ||
employer shall be required to pay the costs incurred in | ||
collecting the claim. Every such action shall be brought | ||
within 5 years from the date of the underpayment. For purposes | ||
of this Act, "date of the underpayment" means each time wages | ||
are underpaid. | ||
(a-5) If an employer violates subsection (b), (b-5), | ||
(b-10), or (b-20) of Section 10, the employee may recover in a | ||
civil action any damages incurred, special damages not to | ||
exceed $10,000, injunctive relief as may be appropriate, and | ||
costs and reasonable attorney's fees as may be allowed by the | ||
court and as necessary to make the employee whole. If special | ||
damages are available, an employee may recover compensatory | ||
damages only to the extent such damages exceed the amount of | ||
special damages. Such action shall be brought within 5 years | ||
from the date of the violation. |
(b) The Director is authorized to supervise the payment of | ||
the unpaid wages under subsection (a) or damages under | ||
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing | ||
to any employee or employees under this Act and may bring any | ||
legal action necessary to recover the amount of unpaid wages, | ||
damages, and penalties or to seek injunctive relief, and the | ||
employer shall be required to pay the costs. Any sums | ||
recovered by the Director on behalf of an employee under this | ||
Section shall be paid to the employee or employees affected. | ||
(c) Employers who violate any provision of this Act or any | ||
rule adopted under the Act are subject to a civil penalty, | ||
payable to the Department, for each employee affected as | ||
follows: | ||
(1) An employer with fewer than 4 employees: first | ||
offense, a fine not to exceed $500; second offense, a fine | ||
not to exceed $2,500; third or subsequent offense, a fine | ||
not to exceed $5,000. | ||
(2) An employer with between 4 and 99 employees: first | ||
offense, a fine not to exceed $2,500; second offense, a | ||
fine not to exceed $3,000; third or subsequent offense, a | ||
fine not to exceed $5,000. | ||
(3) An employer with 100 or more employees who | ||
violates any Section of this Act except for Section 11 | ||
shall be fined up to $10,000 per employee affected. An | ||
employer with 100 or more employees that is a business as | ||
defined under Section 11 and commits a violation of |
Section 11 shall be fined up to $10,000. | ||
Before any imposition of a penalty under this subsection, | ||
an employer with 100 or more employees who violates item (b) of | ||
Section 11 and inadvertently fails to file an initial | ||
application or recertification shall be provided 30 calendar | ||
days by the Department to submit the application or | ||
recertification. | ||
An employer or person who violates subsection (b), (b-5), | ||
(b-10), (b-20), or (c) of Section 10 is subject to a civil | ||
penalty not to exceed $5,000 for each violation for each | ||
employee affected, payable to the Department. | ||
(d) In determining the amount of the penalty, the | ||
appropriateness of the penalty to the size of the business of | ||
the employer charged and the gravity of the violation shall be | ||
considered. The penalty may be recovered in a civil action | ||
brought by the Director in any circuit court. | ||
(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.) | ||
(Text of Section after amendment by P.A. 103-539 ) | ||
Sec. 30. Violations; fines and penalties. | ||
(a) If an employee is paid by his or her employer less than | ||
the wage to which he or she is entitled in violation of Section | ||
10 or 11 of this Act, the employee may recover in a civil | ||
action the entire amount of any underpayment together with | ||
interest, compensatory damages if the employee demonstrates | ||
that the employer acted with malice or reckless indifference, |
punitive damages as may be appropriate, injunctive relief as | ||
may be appropriate, and the costs and reasonable attorney's | ||
fees as may be allowed by the court and as necessary to make | ||
the employee whole. At the request of the employee or on a | ||
motion of the Director, the Department may make an assignment | ||
of the wage claim in trust for the assigning employee and may | ||
bring any legal action necessary to collect the claim, and the | ||
employer shall be required to pay the costs incurred in | ||
collecting the claim. Every such action shall be brought | ||
within 5 years from the date of the underpayment. For purposes | ||
of this Act, "date of the underpayment" means each time wages | ||
are underpaid. | ||
(a-5) If an employer violates subsection (b), (b-5), | ||
(b-10), or (b-20) of Section 10, the employee may recover in a | ||
civil action any damages incurred, special damages not to | ||
exceed $10,000, injunctive relief as may be appropriate, and | ||
costs and reasonable attorney's fees as may be allowed by the | ||
court and as necessary to make the employee whole. If special | ||
damages are available, an employee may recover compensatory | ||
damages only to the extent such damages exceed the amount of | ||
special damages. Such action shall be brought within 5 years | ||
from the date of the violation. | ||
(b) The Director is authorized to supervise the payment of | ||
the unpaid wages under subsection (a) or damages under | ||
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing | ||
to any employee or employees under this Act and may bring any |
legal action necessary to recover the amount of unpaid wages, | ||
damages, and penalties or to seek injunctive relief, and the | ||
employer shall be required to pay the costs. Any sums | ||
recovered by the Director on behalf of an employee under this | ||
Section shall be paid to the employee or employees affected. | ||
(c) Employers who violate any provision of this Act or any | ||
rule adopted under the Act, except for a violation of | ||
subsection (b-25) of Section 10, are subject to a civil | ||
penalty, payable to the Department, for each employee affected | ||
as follows: | ||
(1) An employer with fewer than 4 employees: first | ||
offense, a fine not to exceed $500; second offense, a fine | ||
not to exceed $2,500; third or subsequent offense, a fine | ||
not to exceed $5,000. | ||
(2) An employer with between 4 and 99 employees: first | ||
offense, a fine not to exceed $2,500; second offense, a | ||
fine not to exceed $3,000; third or subsequent offense, a | ||
fine not to exceed $5,000. | ||
(3) An employer with 100 or more employees who | ||
violates any Section of this Act except for Section 11 | ||
shall be fined up to $10,000 per employee affected. An | ||
employer with 100 or more employees that is a business as | ||
defined under Section 11 and commits a violation of | ||
Section 11 shall be fined up to $10,000. | ||
Before any imposition of a penalty under this subsection, | ||
an employer with 100 or more employees who violates item (b) of |
Section 11 and inadvertently fails to file an initial | ||
application or recertification shall be provided 30 calendar | ||
days by the Department to submit the application or | ||
recertification. | ||
An employer or person who violates subsection (b), (b-5), | ||
(b-10), (b-20), or (c) of Section 10 is subject to a civil | ||
penalty not to exceed $5,000 for each violation for each | ||
employee affected, payable to the Department. | ||
(c-5) The Department may initiate investigations of | ||
alleged violations of subsection (b-25) of Section 10 upon | ||
receiving a complaint from any person that claims to be | ||
aggrieved by a violation of that subsection or at the | ||
Department's discretion. Any person that claims to be | ||
aggrieved by a violation of subsection (b-25) of Section 10 | ||
may submit a complaint of an alleged violation of that | ||
subsection to the Department within one year after the date of | ||
the violation. If the Department has determined that a | ||
violation has occurred, it shall issue to the employer a | ||
notice setting forth the violation, the applicable penalty as | ||
described in subsections (c-10) and (c-15), and the period to | ||
cure the violation as described in subsection (c-10). | ||
(c-7) A job posting found to be in violation of subsection | ||
(b-25) of Section 10 shall be considered as one violating job | ||
posting regardless of the number of duplicative postings that | ||
list the job opening. | ||
(c-10) The penalties for a job posting or batch of |
postings that are active at the time the Department issues a | ||
notice of violation for violating subsection (b-25) of Section | ||
10 are as follows: | ||
(1) For a first offense, following a cure period of 14 | ||
days to remedy the violation, a fine not to exceed $500 at | ||
the discretion of the Department. A first offense may be | ||
either a single job posting that violates subsection | ||
(b-25) of Section 10 or multiple job postings that violate | ||
subsection (b-25) of Section 10 and are identified at the | ||
same time by the Department. The Department shall have | ||
discretion to waive any civil penalty under this | ||
paragraph. | ||
(2) For a second offense, following a cure period of 7 | ||
days to remedy the violation, a fine not to exceed $2,500 | ||
at the discretion of the Department. A second offense is a | ||
single job posting that violates subsection (b-25) of | ||
Section 10. The Department shall have discretion to waive | ||
any civil penalty under this paragraph. | ||
(3) For a third or subsequent offense, no cure period, | ||
a fine not to exceed $10,000 at the discretion of the | ||
Department. A third or subsequent offense is a single job | ||
posting that violates subsection (b-25) of Section 10. The | ||
Department shall have discretion to waive any civil | ||
penalty under this paragraph. If a company has had a third | ||
offense, it shall incur automatic penalties without a cure | ||
period for a period of 5 years, at the completion of which |
any future offense shall count as a first offense. The | ||
5-year period shall restart if, during that period, an | ||
employer receives a subsequent notice of violation from | ||
the Department. | ||
(c-15) The penalties for a job posting or batch of job | ||
postings that are not active at the time the Department issues | ||
a notice of violation for violating subsection (b-25) of | ||
Section 10 are as follows: | ||
(1) For a first offense, a fine not to exceed $250 at | ||
the discretion of the Department. A first offense may be | ||
either a single job posting that violates subsection | ||
(b-25) of Section 10 or multiple job postings that violate | ||
subsection (b-25) of Section 10 and are identified at the | ||
same time by the Department. The Department shall have | ||
discretion to waive any civil penalty under this | ||
paragraph. | ||
(2) For a second offense, a fine not to exceed $2,500 | ||
at the discretion of the Department. A second offense is a | ||
single job posting that violates subsection (b-25) of | ||
Section 10. The Department shall have discretion to waive | ||
any civil penalty under this paragraph. | ||
(3) For a third or subsequent offense, a fine not to | ||
exceed $10,000 at the discretion of the Department. A | ||
third or subsequent offense is a single job posting that | ||
violates subsection (b-25) of Section 10. The Department | ||
shall have discretion to waive any civil penalty under |
this paragraph. | ||
For the purposes of this subsection, the Department, | ||
during its investigation of a complaint, shall make a | ||
determination as to whether a job posting is not active by | ||
considering the totality of the circumstances, including, but | ||
not limited to: (i) whether a position has been filled; (ii) | ||
the length of time a posting has been accessible to the public; | ||
(iii) the existence of a date range for which a given position | ||
is active; and (iv) whether the violating posting is for a | ||
position for which the employer is no longer accepting | ||
applications. | ||
(d) In determining the amount of the penalty under this | ||
Section, the appropriateness of the penalty to the size of the | ||
business of the employer charged and the gravity of the | ||
violation shall be considered. The penalty may be recovered in | ||
a civil action brought by the Director in any circuit court. | ||
(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24; | ||
103-539, eff. 1-1-25; revised 9-27-23.) | ||
Section 645. The Prevailing Wage Act is amended by | ||
changing Section 2 as follows: | ||
(820 ILCS 130/2) | ||
Sec. 2. This Act applies to the wages of laborers, | ||
mechanics and other workers employed in any public works, as | ||
hereinafter defined, by any public body and to anyone under |
contracts for public works. This includes any maintenance, | ||
repair, assembly, or disassembly work performed on equipment | ||
whether owned, leased, or rented. | ||
As used in this Act, unless the context indicates | ||
otherwise: | ||
"Public works" means all fixed works constructed or | ||
demolished by any public body, or paid for wholly or in part | ||
out of public funds. "Public works" as defined herein includes | ||
all projects financed in whole or in part with bonds, grants, | ||
loans, or other funds made available by or through the State or | ||
any of its political subdivisions, including but not limited | ||
to: bonds issued under the Industrial Project Revenue Bond Act | ||
(Article 11, Division 74 of the Illinois Municipal Code), the | ||
Industrial Building Revenue Bond Act, the Illinois Finance | ||
Authority Act, the Illinois Sports Facilities Authority Act, | ||
or the Build Illinois Bond Act; loans or other funds made | ||
available pursuant to the Build Illinois Act; loans or other | ||
funds made available pursuant to the Riverfront Development | ||
Fund under Section 10-15 of the River Edge Redevelopment Zone | ||
Act; or funds from the Fund for Illinois' Future under Section | ||
6z-47 of the State Finance Act, funds for school construction | ||
under Section 5 of the General Obligation Bond Act, funds | ||
authorized under Section 3 of the School Construction Bond | ||
Act, funds for school infrastructure under Section 6z-45 of | ||
the State Finance Act, and funds for transportation purposes | ||
under Section 4 of the General Obligation Bond Act. "Public |
works" also includes (i) all projects financed in whole or in | ||
part with funds from the Environmental Protection Agency under | ||
the Illinois Renewable Fuels Development Program Act for which | ||
there is no project labor agreement; (ii) all work performed | ||
pursuant to a public private agreement under the Public | ||
Private Agreements for the Illiana Expressway Act or the | ||
Public-Private Agreements for the South Suburban Airport Act; | ||
(iii) all projects undertaken under a public-private agreement | ||
under the Public-Private Partnerships for Transportation Act | ||
or the Department of Natural Resources World Shooting and | ||
Recreational Complex Act; and (iv) all transportation | ||
facilities undertaken under a design-build contract or a | ||
Construction Manager/General Contractor contract under the | ||
Innovations for Transportation Infrastructure Act. "Public | ||
works" also includes all projects at leased facility property | ||
used for airport purposes under Section 35 of the Local | ||
Government Facility Lease Act. "Public works" also includes | ||
the construction of a new wind power facility by a business | ||
designated as a High Impact Business under Section | ||
5.5(a)(3)(E) and the construction of a new utility-scale solar | ||
power facility by a business designated as a High Impact | ||
Business under Section 5.5(a)(3)(E-5) of the Illinois | ||
Enterprise Zone Act. "Public works" also includes electric | ||
vehicle charging station projects financed pursuant to the | ||
Electric Vehicle Act and renewable energy projects required to | ||
pay the prevailing wage pursuant to the Illinois Power Agency |
Act. "Public works" also includes power washing projects by a | ||
public body or paid for wholly or in part out of public funds | ||
in which steam or pressurized water, with or without added | ||
abrasives or chemicals, is used to remove paint or other | ||
coatings, oils or grease, corrosion, or debris from a surface | ||
or to prepare a surface for a coating. "Public works" does not | ||
include work done directly by any public utility company, | ||
whether or not done under public supervision or direction, or | ||
paid for wholly or in part out of public funds. "Public works" | ||
also includes construction projects performed by a third party | ||
contracted by any public utility, as described in subsection | ||
(a) of Section 2.1, in public rights-of-way, as defined in | ||
Section 21-201 of the Public Utilities Act, whether or not | ||
done under public supervision or direction, or paid for wholly | ||
or in part out of public funds. "Public works" also includes | ||
construction projects that exceed 15 aggregate miles of new | ||
fiber optic cable, performed by a third party contracted by | ||
any public utility, as described in subsection (b) of Section | ||
2.1, in public rights-of-way, as defined in Section 21-201 of | ||
the Public Utilities Act, whether or not done under public | ||
supervision or direction, or paid for wholly or in part out of | ||
public funds. "Public works" also includes any corrective | ||
action performed pursuant to Title XVI of the Environmental | ||
Protection Act for which payment from the Underground Storage | ||
Tank Fund is requested. "Public works" also includes all | ||
construction projects involving fixtures or permanent |
attachments affixed to light poles that are owned by a public | ||
body, including street light poles, traffic light poles, and | ||
other lighting fixtures, whether or not done under public | ||
supervision or direction, or paid for wholly or in part out of | ||
public funds, unless the project is performed by employees | ||
employed directly by the public body. "Public works" also | ||
includes work performed subject to the Mechanical Insulation | ||
Energy and Safety Assessment Act . "Public works" also includes | ||
the removal, hauling, and transportation of biosolids, lime | ||
sludge, and lime residue from a water treatment plant or | ||
facility and the disposal of biosolids, lime sludge, and lime | ||
residue removed from a water treatment plant or facility at a | ||
landfill. "Public works" does not include projects undertaken | ||
by the owner at an owner-occupied single-family residence or | ||
at an owner-occupied unit of a multi-family residence. "Public | ||
works" does not include work performed for soil and water | ||
conservation purposes on agricultural lands, whether or not | ||
done under public supervision or paid for wholly or in part out | ||
of public funds, done directly by an owner or person who has | ||
legal control of those lands. | ||
"Construction" means all work on public works involving | ||
laborers, workers or mechanics. This includes any maintenance, | ||
repair, assembly, or disassembly work performed on equipment | ||
whether owned, leased, or rented. | ||
"Locality" means the county where the physical work upon | ||
public works is performed, except (1) that if there is not |
available in the county a sufficient number of competent | ||
skilled laborers, workers and mechanics to construct the | ||
public works efficiently and properly, "locality" includes any | ||
other county nearest the one in which the work or construction | ||
is to be performed and from which such persons may be obtained | ||
in sufficient numbers to perform the work and (2) that, with | ||
respect to contracts for highway work with the Department of | ||
Transportation of this State, "locality" may at the discretion | ||
of the Secretary of the Department of Transportation be | ||
construed to include two or more adjacent counties from which | ||
workers may be accessible for work on such construction. | ||
"Public body" means the State or any officer, board or | ||
commission of the State or any political subdivision or | ||
department thereof, or any institution supported in whole or | ||
in part by public funds, and includes every county, city, | ||
town, village, township, school district, irrigation, utility, | ||
reclamation improvement or other district and every other | ||
political subdivision, district or municipality of the state | ||
whether such political subdivision, municipality or district | ||
operates under a special charter or not. | ||
"Labor organization" means an organization that is the | ||
exclusive representative of an employer's employees recognized | ||
or certified pursuant to the National Labor Relations Act. | ||
The terms "general prevailing rate of hourly wages", | ||
"general prevailing rate of wages" or "prevailing rate of | ||
wages" when used in this Act mean the hourly cash wages plus |
annualized fringe benefits for training and apprenticeship | ||
programs approved by the U.S. Department of Labor, Bureau of | ||
Apprenticeship and Training, health and welfare, insurance, | ||
vacations and pensions paid generally, in the locality in | ||
which the work is being performed, to employees engaged in | ||
work of a similar character on public works. | ||
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | ||
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | ||
6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346, | ||
eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23; | ||
revised 12-15-23.) | ||
Section 650. The Day and Temporary Labor Services Act is | ||
amended by changing Section 45 as follows: | ||
(820 ILCS 175/45) | ||
Sec. 45. Registration; Department of Labor. | ||
(a) A day and temporary labor service agency which is | ||
located, operates or transacts business within this State | ||
shall register with the Department of Labor in accordance with | ||
rules adopted by the Department for day and temporary labor | ||
service agencies and shall be subject to this Act and any rules | ||
adopted under this Act. Each day and temporary labor service | ||
agency shall provide proof of an employer account number | ||
issued by the Department of Employment Security for the | ||
payment of unemployment insurance contributions as required |
under the Unemployment Insurance Act, and proof of valid | ||
workers' compensation insurance in effect at the time of | ||
registration covering all of its employees. If, at any time, a | ||
day and temporary labor service agency's workers' compensation | ||
insurance coverage lapses, the agency shall have an | ||
affirmative duty to report the lapse of such coverage to the | ||
Department and the agency's registration shall be suspended | ||
until the agency's workers' compensation insurance is | ||
reinstated. The Department may assess each day and temporary | ||
labor service agency a non-refundable registration fee not | ||
exceeding $3,000 per year per agency and a non-refundable fee | ||
not to exceed $750 for each branch office or other location | ||
where the agency regularly contracts with day or temporary | ||
laborers for services. The fee may be paid by check, money | ||
order, or the State Treasurer's E-Pay program or any successor | ||
program, and the Department may not refuse to accept a check on | ||
the basis that it is not a certified check or a cashier's | ||
check. The Department may charge an additional fee to be paid | ||
by a day and temporary labor service agency if the agency, or | ||
any person on the agency's behalf, issues or delivers a check | ||
to the Department that is not honored by the financial | ||
institution upon which it is drawn. The Department shall also | ||
adopt rules for violation hearings and penalties for | ||
violations of this Act or the Department's rules in | ||
conjunction with the penalties set forth in this Act. | ||
(a-1) At the time of registration with the Department of |
Labor each year, the day and temporary labor service agency | ||
shall submit to the Department of Labor a report containing | ||
the information identified in paragraph (9) of subsection (a) | ||
of Section 12, broken down by branch office, in the aggregate | ||
for all day or temporary laborers assigned within Illinois and | ||
subject to this Act during the preceding year. This | ||
information shall be submitted on a form created by the | ||
Department of Labor. The Department of Labor shall aggregate | ||
the information submitted by all registering day and temporary | ||
labor service agencies by removing identifying data and shall | ||
have the information available to the public only on a | ||
municipal and county basis. As used in this paragraph, | ||
"identifying data" means any and all information that: (i) | ||
provides specific information on individual worker identity; | ||
(ii) identifies the service agency in any manner; and (iii) | ||
identifies clients utilizing the day and temporary labor | ||
service agency or any other information that can be traced | ||
back to any specific registering day and temporary labor | ||
service agency or its client. The information and reports | ||
submitted to the Department of Labor under this subsection by | ||
the registering day and temporary labor service agencies are | ||
exempt from inspection and copying under Section 7.5 of the | ||
Freedom of Information Act. | ||
(b) It is a violation of this Act to operate a day and | ||
temporary labor service agency without first registering with | ||
the Department in accordance with subsection (a) of this |
Section. The Department shall create and maintain at regular | ||
intervals on its website, accessible to the public: (1) a list | ||
of all registered day and temporary labor service agencies in | ||
the State whose registration is in good standing; (2) a list of | ||
day and temporary labor service agencies in the State whose | ||
registration has been suspended, including the reason for the | ||
suspension, the date the suspension was initiated, and the | ||
date, if known, the suspension is to be lifted; and (3) a list | ||
of day and temporary labor service agencies in the State whose | ||
registration has been revoked, including the reason for the | ||
revocation and the date the registration was revoked. The | ||
Department has the authority to assess a penalty against any | ||
day and temporary labor service agency that fails to register | ||
with the Department of Labor in accordance with this Act or any | ||
rules adopted under this Act of $500 for each violation. Each | ||
day during which a day and temporary labor service agency | ||
operates without registering with the Department shall be a | ||
separate and distinct violation of this Act. | ||
(c) An applicant is not eligible to register to operate a | ||
day and temporary labor service agency under this Act if the | ||
applicant or any of its officers, directors, partners, or | ||
managers or any owner of 25% or greater beneficial interest: | ||
(1) has been involved, as owner, officer, director, | ||
partner, or manager, of any day and temporary labor | ||
service agency whose registration has been revoked or has | ||
been suspended without being reinstated within the 5 years |
immediately preceding the filing of the application; or | ||
(2) is under the age of 18. | ||
(d) Every agency shall post and keep posted at each | ||
location, in a position easily accessible to all day or | ||
temporary laborers s , notices as supplied and required by the | ||
Department containing a copy or summary of the provisions of | ||
the Act and a notice which informs the public of a toll-free | ||
telephone number for day or temporary laborers and the public | ||
to file wage dispute complaints and other alleged violations | ||
by day and temporary labor service agencies. Every day and | ||
temporary labor service agency employing day or temporary | ||
laborers who communicate with the day and temporary labor | ||
service agency by electronic communication shall also provide | ||
all required notices by email to its day or temporary laborers | ||
or on a website, regularly used by the employer to communicate | ||
work-related information, that all day or temporary laborers | ||
are able to regularly access, freely and without interference. | ||
Such notices shall be in English and any other language | ||
generally understood in the locale of the day and temporary | ||
labor service agency. | ||
(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23; | ||
revised 12-15-23.) | ||
Section 655. The Paid Leave for All Workers Act is amended | ||
by changing Section 15 as follows: |
(820 ILCS 192/15) | ||
Sec. 15. Provision of paid leave. | ||
(a) An employee who works in Illinois is entitled to earn | ||
and use up to a minimum of 40 hours of paid leave during a | ||
12-month period or a pro rata number of hours of paid leave | ||
under the provisions of subsection (b). The paid leave may be | ||
used by the employee for any purpose as long as the paid leave | ||
is taken in accordance with the provisions of this Act. | ||
(b) Paid leave under this Act shall accrue at the rate of | ||
one hour of paid leave for every 40 hours worked up to a | ||
minimum of 40 hours of paid leave or such greater amount if the | ||
employer provides more than 40 hours. Employees who are exempt | ||
from the overtime requirements of the federal Fair Labor | ||
Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 | ||
hours in each workweek for purposes of paid leave accrual | ||
unless their regular workweek is less than 40 hours, in which | ||
case paid leave accrues based on that regular workweek. | ||
Employees shall determine how much paid leave they need to | ||
use, however employers may set a reasonable minimum increment | ||
for the use of paid leave not to exceed 2 hours per day. If an | ||
employee's scheduled workday is less than 2 hours per day, the | ||
employee's scheduled workday shall be used to determine the | ||
amount of paid leave. | ||
(c) An employer may make available the minimum number of | ||
hours of paid leave, subject to pro rata requirements provided | ||
in subsection (b), to an employee on the first day of |
employment or the first day of the 12-month period. Employers | ||
that provide the minimum number of hours of paid leave to an | ||
employee on the first day of employment or the first day of the | ||
12-month period are not required to carryover paid leave from | ||
12-month period to 12-month period and may require employees | ||
to use all paid leave prior to the end of the benefit period or | ||
forfeit the unused paid leave. However, under no circumstances | ||
shall an employee be credited with paid leave that is less than | ||
what the employee would have accrued under subsections (a) and | ||
(g) of this Section. | ||
(d) The 12-month period may be any consecutive 12-month | ||
period designated by the employer in writing at the time of | ||
hire. Changes to the 12-month period may be made by the | ||
employer if notice is given to employees in writing prior to | ||
the change and the change does not reduce the eligible accrual | ||
rate and paid leave available to the employee. If the employer | ||
changes the designated 12-month period, the employer shall | ||
provide the employee with documentation of the balance of | ||
hours worked, paid leave accrued and taken, and the remaining | ||
paid leave balance. | ||
(e) Paid leave under this Act may be taken by an employee | ||
for any reason of the employee's choosing. An employee is not | ||
required to provide an employer a reason for the leave and may | ||
not be required to provide documentation or certification as | ||
proof or in support of the leave. An employee may choose | ||
whether to use paid leave provided under this Act prior to |
using any other leave provided by the employer or State law. | ||
(f) Employees shall be paid their hourly rate of pay for | ||
paid leave. However, employees engaged in an occupation in | ||
which gratuities or commissions have customarily and usually | ||
constituted and have been recognized as part of the | ||
remuneration for hire purposes shall be paid by their employer | ||
at least the full minimum wage in the jurisdiction in which | ||
they are employed when paid leave is taken. This wage shall be | ||
treated as the employee's regular rate of pay for purposes of | ||
this Act. | ||
(g) Paid leave under this Act shall begin to accrue at the | ||
commencement of employment or on the effective date of this | ||
Act, whichever is later. Employees shall be entitled to begin | ||
using paid leave 90 days following commencement of their | ||
employment or 90 days following the effective date of this | ||
Act, whichever is later. | ||
(h) Paid leave under this Act shall be provided upon the | ||
oral or written request of an employee in accordance with the | ||
employer's reasonable paid leave policy notification | ||
requirements which may include the following: | ||
(1) If use of paid leave under this Act is | ||
foreseeable, the employer may require the employee to | ||
provide 7 calendar days' notice before the date the leave | ||
is to begin. | ||
(2) If paid leave under this Act is not foreseeable, | ||
the employee shall provide such notice as soon as is |
practicable after the employee is aware of the necessity | ||
of the leave. An employer that requires notice of paid | ||
leave under this Act when the leave is not foreseeable | ||
shall provide a written policy that contains procedures | ||
for the employee to provide notice. | ||
(3) Employers shall provide employees with written | ||
notice of the paid leave policy notification requirements | ||
in this Section in the manner provided in Section 20 for | ||
notice and posting and within 5 calendar days of any | ||
change to the employer's reasonable paid leave policy | ||
notification requirements. | ||
(4) An employer may not require, as a condition of | ||
providing paid leave under this Act, that the employee | ||
search for or find a replacement worker to cover the hours | ||
during which the employee takes paid leave. | ||
(i) Except as provided in subsection (c), paid leave under | ||
this Act shall carry over annually to the extent not used by | ||
the employee, provided that nothing in this Act shall be | ||
construed to require an employer to provide more than 40 hours | ||
of paid leave for an employee in the 12-month period unless the | ||
employer agrees to do so. | ||
(j) Nothing in this Section or any other Illinois law or | ||
rule shall be construed as requiring financial or other | ||
payment to an employee from an employer upon the employee's | ||
termination, resignation, retirement, or other separation from | ||
employment for paid leave accrued under this Act that has not |
been used. Nothing in this Section or any other Illinois law or | ||
rule shall be construed as requiring financial or other | ||
reimbursements to an employee from an employer for unused paid | ||
leave under this Act at the end of the benefit year or any | ||
other time. | ||
(k) If an employee is transferred to a separate division, | ||
entity, or location, but remains employed by the same | ||
employer, the employee is entitled to all paid leave accrued | ||
at the prior division, entity, or location and is entitled to | ||
use all paid leave as provided in this Section. If there is a | ||
separation from employment and the employee is rehired within | ||
12 months of separation by the same employer, previously | ||
accrued paid leave that had not been used by the employee shall | ||
be reinstated. The employee shall be entitled to use accrued | ||
paid leave at the commencement of employment following a | ||
separation from employment of 12 months or less. | ||
(l) Paid leave under this Act shall not be charged or | ||
otherwise credited to an employee's paid time off bank or | ||
employee account unless the employer's policy permits such a | ||
credit. If the paid leave under this Act is credited to an | ||
employee's paid time off bank or employee vacation account | ||
then any unused paid leave shall be paid to the employee upon | ||
the employee's termination, resignation, retirement, or other | ||
separation to the same extent as vacation time under existing | ||
Illinois law or rule. Nothing in this Act shall be construed to | ||
waive or otherwise limit an employee's right to final |
compensation for promised and earned, but unpaid vacation time | ||
or paid time off, as provided under the Illinois Wage Payment | ||
and Collection Act and rules. Employers shall provide | ||
employees with written notice of changes to the employer's | ||
vacation time, paid time off, or other paid leave policies | ||
that affect an employee's right to final compensation for such | ||
leave. | ||
(m) During any period an employee takes leave under this | ||
Act, the employer shall maintain coverage for the employee and | ||
any family member under any group health plan for the duration | ||
of such leave at no less than the level and conditions of | ||
coverage that would have been provided if the employee had not | ||
taken the leave. The employer shall notify the employee that | ||
the employee is still responsible for paying the employee's | ||
share of the cost of the health care coverage, if any. | ||
(n) Nothing in this Act shall be deemed to interfere with, | ||
impede, or in any way diminish the right of employees to | ||
bargain collectively with their employers through | ||
representatives of their own choosing in order to establish | ||
wages or other conditions of work in excess of the applicable | ||
minimum standards established in this Act. The paid leave | ||
requirements of this Act may be waived in a bona fide | ||
collective bargaining agreement, but only if the waiver is set | ||
forth explicitly in such agreement in clear and unambiguous | ||
terms. | ||
Nothing in this Act shall be deemed to affect the validity |
or change the terms of bona fide collective bargaining | ||
agreements in effect on January 1, 2024. After that date, | ||
requirements of this Act may be waived in a bona fide | ||
collective bargaining agreement, but only if the waiver is set | ||
forth explicitly in such agreement in clear and unambiguous | ||
terms. | ||
In no event shall this Act apply to any employee working in | ||
the construction industry who is covered by a bona fide | ||
collective bargaining agreement, nor shall this Act apply to | ||
any employee who is covered by a bona fide collective | ||
bargaining agreement with an employer that provides services | ||
nationally and internationally of delivery, pickup, and | ||
transportation of parcels, documents, and freight. | ||
Notwithstanding the provisions of this subsection, nothing | ||
in this Act shall be deemed to affect the validity or change | ||
the terms of a bona fide collective bargaining agreement | ||
applying to an employee who is employed by a State agency that | ||
is in effect on July 1, 2024. After that date, requirements of | ||
this Act may be waived in a bona fide collective bargaining | ||
agreement, but only if the waiver is set forth explicitly in | ||
such agreement in clear and unambiguous terms. As used in this | ||
subsection, "State agency" has the same meaning as set forth | ||
in Section 4 of the Forms Notice Act. | ||
(o) An agreement by an employee to waive his or her rights | ||
under this Act is void as against public policy. | ||
(p) The provisions of this Act shall not apply to any |
employer that is covered by a municipal or county ordinance | ||
that is in effect on the effective date of this Act that | ||
requires employers to give any form of paid leave to their | ||
employees, including paid sick leave or paid leave. | ||
Notwithstanding the provisions of this subsection, any | ||
employer that is not required to provide paid leave to its | ||
employees, including paid sick leave or paid leave, under a | ||
municipal or county ordinance that is in effect on the | ||
effective date of this Act shall be subject to the provisions | ||
of this Act if the employer would be required to provide paid | ||
leave under this Act to its employees. | ||
Any local ordinance that provides paid leave, including | ||
paid sick leave or paid leave, enacted or amended after the | ||
effective date of this Act must comply with the requirements | ||
of this Act or provide benefits, rights, and remedies that are | ||
greater than or equal to the benefits, rights, and remedies | ||
afforded under this Act. | ||
An employer in a municipality or county that enacts or | ||
amends a local ordinance that provides paid leave, including | ||
paid sick leave or paid leave, after the effective date of this | ||
Act shall only comply with the local ordinance or ordinances | ||
so long as the benefits, rights, and remedies are greater than | ||
or equal to the benefits, rights, and remedies afforded under | ||
this Act. | ||
(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.) |
Section 660. The Child Labor Law is amended by changing | ||
Sections 17 and 17.3 as follows: | ||
(820 ILCS 205/17) (from Ch. 48, par. 31.17) | ||
Sec. 17. It shall be the duty of the Department of Labor to | ||
enforce the provisions of this Act. The Department of Labor | ||
shall have the power to conduct investigations in connection | ||
with the administration and enforcement of this Act and the | ||
authorized officers and employees of the Department of Labor | ||
are hereby authorized and empowered, to visit and inspect, at | ||
all reasonable times and as often as possible, all places | ||
covered by this Act. Truant officers and other school | ||
officials authorized by the board of education or school | ||
directors shall report violations under this Act to the | ||
Department of Labor, and may enter any place in which children | ||
are, or are believed to be employed and inspect the work | ||
certificates on file. Such truant officers or other school | ||
officials also are authorized to file complaints against any | ||
employer found violating the provisions of this Act in case no | ||
complaints for such violations are pending; and when such | ||
complaints are filed by truant officers or other school | ||
officials , the State's Attorneys attorneys of this State state | ||
shall appear for the people, and attend to the prosecution of | ||
such complaints. The Department of Labor shall conduct | ||
hearings in accordance with the "The Illinois Administrative | ||
Procedure Act ", approved September 22, 1975, as amended, upon |
written complaint by an investigator of the Department of | ||
Labor, truant officer , or other school official, or any | ||
interested person of a violation of the Act or to revoke any | ||
certificate under this Act. After such hearing, if supported | ||
by the evidence, the Department of Labor may issue and cause to | ||
be served on any party an order to cease and desist from | ||
violation of the Act, take such further affirmative or other | ||
action as deemed reasonable to eliminate the effect of the | ||
violation, and may revoke any certificate issued under the Act | ||
and determine the amount of any civil penalty allowed by the | ||
Act. The Department may serve such orders by certified mail or | ||
by sending a copy by email to an email address previously | ||
designated by the party for purposes of receiving notice under | ||
this Act. An email address provided by the party in the course | ||
of the administrative proceeding shall not be used in any | ||
subsequent proceedings, unless the party designates that email | ||
address for the subsequent proceeding. The Director of Labor | ||
or his authorized representative may compel by subpoena, the | ||
attendance and testimony of witnesses and the production of | ||
books, payrolls, records, papers and other evidence in any | ||
investigation or hearing and may administer oaths to | ||
witnesses. | ||
(Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.) | ||
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3) | ||
Sec. 17.3. Any employer who violates any of the provisions |
of this Act or any rule or regulation issued under the Act | ||
shall be subject to a civil penalty of not to exceed $5,000 for | ||
each such violation. In determining the amount of such | ||
penalty, the appropriateness of such penalty to the size of | ||
the business of the employer charged and the gravity of the | ||
violation shall be considered. The amount of such penalty, | ||
when finally determined, may be | ||
(1) recovered in a civil action brought by the | ||
Director of Labor in any circuit court, in which | ||
litigation the Director of Labor shall be represented by | ||
the Attorney General; | ||
(2) ordered by the court, in an action brought for | ||
violation under Section 19, to be paid to the Director of | ||
Labor. | ||
Any administrative determination by the Department of | ||
Labor of the amount of each penalty shall be final unless | ||
reviewed as provided in Section 17.1 of this Act. | ||
Civil penalties recovered under this Section shall be paid | ||
by certified check, money order, or by an electronic payment | ||
system designated by the Department , and deposited into the | ||
Child Labor and Day and Temporary Labor Services Enforcement | ||
Fund, a special fund which is hereby created in the State | ||
treasury. Moneys in the Fund may be used, subject to | ||
appropriation, for exemplary programs, demonstration projects, | ||
and other activities or purposes related to the enforcement of | ||
this Act or for the activities or purposes related to the |
enforcement of the Day and Temporary Labor Services Act, or | ||
for the activities or purposes related to the enforcement of | ||
the Private Employment Agency Act. | ||
(Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.) | ||
Section 665. The Line of Duty Compensation Act is amended | ||
by changing Section 2 as follows: | ||
(820 ILCS 315/2) (from Ch. 48, par. 282) | ||
Sec. 2. As used in this Act, unless the context otherwise | ||
requires: | ||
(a) "Law enforcement officer" or "officer" means any | ||
person employed by the State or a local governmental entity as | ||
a policeman, peace officer, auxiliary policeman or in some | ||
like position involving the enforcement of the law and | ||
protection of the public interest at the risk of that person's | ||
life. This includes supervisors, wardens, superintendents and | ||
their assistants, guards and keepers, correctional officers, | ||
youth supervisors, parole agents, aftercare specialists, | ||
school teachers , and correctional counselors counsellors in | ||
all facilities of both the Department of Corrections and the | ||
Department of Juvenile Justice, while within the facilities | ||
under the control of the Department of Corrections or the | ||
Department of Juvenile Justice or in the act of transporting | ||
inmates or wards from one location to another or while | ||
performing their official duties, and all other Department of |
Corrections Correction or Department of Juvenile Justice | ||
employees who have daily contact with inmates. For the | ||
purposes of this Act, "law enforcement officer" or "officer" | ||
also means a probation officer, as defined in Section 9b of the | ||
Probation and Probation Officers Act. | ||
The death of the foregoing employees of the Department of | ||
Corrections or the Department of Juvenile Justice in order to | ||
be included herein must be by the direct or indirect willful | ||
act of an inmate, ward, work-releasee, parolee, aftercare | ||
releasee, parole violator, aftercare release violator, person | ||
under conditional release, or any person sentenced or | ||
committed, or otherwise subject to confinement in or to the | ||
Department of Corrections or the Department of Juvenile | ||
Justice. | ||
(b) "Fireman" means any person employed by the State or a | ||
local governmental entity as, or otherwise serving as, a | ||
member or officer of a fire department either for the purpose | ||
of the prevention or control of fire or the underwater | ||
recovery of drowning victims, including volunteer firemen. | ||
(c) "Local governmental entity" includes counties, | ||
municipalities , and municipal corporations. | ||
(d) "State" means the State of Illinois and its | ||
departments, divisions, boards, bureaus, commissions, | ||
authorities , and colleges and universities. | ||
(e) "Killed in the line of duty" means losing one's life as | ||
a result of injury received in the active performance of |
duties as a law enforcement officer, civil defense worker, | ||
civil air patrol member, paramedic, fireman, or chaplain if | ||
the death occurs within one year from the date the injury was | ||
received and if that injury arose from violence or other | ||
accidental cause. In the case of a State employee, "killed in | ||
the line of duty" means losing one's life as a result of injury | ||
received in the active performance of one's duties as a State | ||
employee, if the death occurs within one year from the date the | ||
injury was received and if that injury arose from a willful act | ||
of violence by another State employee committed during such | ||
other employee's course of employment and after January 1, | ||
1988. The term excludes death resulting from the willful | ||
misconduct or intoxication of the officer, civil defense | ||
worker, civil air patrol member, paramedic, fireman, chaplain, | ||
or State employee. However, the burden of proof of such | ||
willful misconduct or intoxication of the officer, civil | ||
defense worker, civil air patrol member, paramedic, fireman, | ||
chaplain, or State employee is on the Attorney General. | ||
Subject to the conditions set forth in subsection (a) with | ||
respect to inclusion under this Act of Department of | ||
Corrections and Department of Juvenile Justice employees | ||
described in that subsection, for the purposes of this Act, | ||
instances in which a law enforcement officer receives an | ||
injury in the active performance of duties as a law | ||
enforcement officer include , but are not limited to , instances | ||
when: |
(1) the injury is received as a result of a willful | ||
wilful act of violence committed other than by the officer | ||
and a relationship exists between the commission of such | ||
act and the officer's performance of his duties as a law | ||
enforcement officer, whether or not the injury is received | ||
while the officer is on duty as a law enforcement officer; | ||
(2) the injury is received by the officer while the | ||
officer is attempting to prevent the commission of a | ||
criminal act by another or attempting to apprehend an | ||
individual the officer suspects has committed a crime, | ||
whether or not the injury is received while the officer is | ||
on duty as a law enforcement officer; | ||
(3) the injury is received by the officer while the | ||
officer is traveling travelling to or from his employment | ||
as a law enforcement officer or during any meal break, or | ||
other break, which takes place during the period in which | ||
the officer is on duty as a law enforcement officer. | ||
In the case of an Armed Forces member, "killed in the line | ||
of duty" means losing one's life while on active duty in | ||
connection with the September 11, 2001 terrorist attacks on | ||
the United States, Operation Enduring Freedom, Operation | ||
Freedom's Sentinel, Operation Iraqi Freedom, Operation New | ||
Dawn, or Operation Inherent Resolve. | ||
(f) "Volunteer fireman" means a person having principal | ||
employment other than as a fireman, but who is carried on the | ||
rolls of a regularly constituted fire department either for |
the purpose of the prevention or control of fire or the | ||
underwater recovery of drowning victims, the members of which | ||
are under the jurisdiction of the corporate authorities of a | ||
city, village, incorporated town, or fire protection district, | ||
and includes a volunteer member of a fire department organized | ||
under the " General Not for Profit Corporation Act ", approved | ||
July 17, 1943, as now or hereafter amended , which is under | ||
contract with any city, village, incorporated town, fire | ||
protection district, or persons residing therein, for fire | ||
fighting services. "Volunteer fireman" does not mean an | ||
individual who volunteers assistance without being regularly | ||
enrolled as a fireman. | ||
(g) "Civil defense worker" means any person employed by | ||
the State or a local governmental entity as, or otherwise | ||
serving as, a member of a civil defense work force, including | ||
volunteer civil defense work forces engaged in serving the | ||
public interest during periods of disaster, whether natural or | ||
man-made. | ||
(h) "Civil air patrol member" means any person employed by | ||
the State or a local governmental entity as, or otherwise | ||
serving as, a member of the organization commonly known as the | ||
"Civil Air Patrol", including volunteer members of the | ||
organization commonly known as the "Civil Air Patrol". | ||
(i) "Paramedic" means an Emergency Medical | ||
Technician-Paramedic certified by the Illinois Department of | ||
Public Health under the Emergency Medical Services (EMS) |
Systems Act, and all other emergency medical personnel | ||
certified by the Illinois Department of Public Health who are | ||
members of an organized body or not-for-profit corporation | ||
under the jurisdiction of a city, village, incorporated town, | ||
fire protection district , or county, that provides emergency | ||
medical treatment to persons of a defined geographical area. | ||
(j) "State employee" means any employee as defined in | ||
Section 14-103.05 of the Illinois Pension Code , as now or | ||
hereafter amended . | ||
(k) "Chaplain" means an individual who: | ||
(1) is a chaplain of (i) a fire department or (ii) a | ||
police department or other agency consisting of law | ||
enforcement officers; and | ||
(2) has been designated a chaplain by (i) the fire | ||
department, police department, or other agency or an | ||
officer or body having jurisdiction over the department or | ||
agency or (ii) a labor organization representing the | ||
firemen or law enforcement officers. | ||
(l) "Armed Forces member" means an Illinois resident who | ||
is: a member of the Armed Forces of the United States; a member | ||
of the Illinois National Guard while on active military | ||
service pursuant to an order of the President of the United | ||
States; or a member of any reserve component of the Armed | ||
Forces of the United States while on active military service | ||
pursuant to an order of the President of the United States. | ||
(Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.) |
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 996. No revival or extension. This Act does not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
revive or extend any Section or Act otherwise repealed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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