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| ||||||||||||||||||||
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| 1 | AN ACT to revise the law by combining multiple enactments | |||||||||||||||||||
| 2 | and making technical corrections.
| |||||||||||||||||||
| 3 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
| 4 | represented in the General Assembly:
| |||||||||||||||||||
| 5 | Section 1. Nature of this Act. | |||||||||||||||||||
| 6 | (a) This Act may be cited as the First 2015 General | |||||||||||||||||||
| 7 | Revisory Act. | |||||||||||||||||||
| 8 | (b) This Act is not intended to make any substantive change | |||||||||||||||||||
| 9 | in the law. It reconciles conflicts that have arisen from | |||||||||||||||||||
| 10 | multiple amendments and enactments and makes technical | |||||||||||||||||||
| 11 | corrections and revisions in the law. | |||||||||||||||||||
| 12 | This Act revises and, where appropriate, renumbers certain | |||||||||||||||||||
| 13 | Sections that have been added or amended by more than one | |||||||||||||||||||
| 14 | Public Act. In certain cases in which a repealed Act or Section | |||||||||||||||||||
| 15 | has been replaced with a successor law, this Act may | |||||||||||||||||||
| 16 | incorporate amendments to the repealed Act or Section into the | |||||||||||||||||||
| 17 | successor law. This Act also corrects errors, revises | |||||||||||||||||||
| 18 | cross-references, and deletes obsolete text. | |||||||||||||||||||
| 19 | (c) In this Act, the reference at the end of each amended | |||||||||||||||||||
| 20 | Section indicates the sources in the Session Laws of Illinois | |||||||||||||||||||
| 21 | that were used in the preparation of the text of that Section. | |||||||||||||||||||
| 22 | The text of the Section included in this Act is intended to | |||||||||||||||||||
| 23 | include the different versions of the Section found in the | |||||||||||||||||||
| 24 | Public Acts included in the list of sources, but may not | |||||||||||||||||||
| |||||||
| |||||||
| 1 | include other versions of the Section to be found in Public | ||||||
| 2 | Acts not included in the list of sources. The list of sources | ||||||
| 3 | is not a part of the text of the Section. | ||||||
| 4 | (d) Public Acts 98-590 through 98-1173 were considered in | ||||||
| 5 | the preparation of the combining revisories included in this | ||||||
| 6 | Act. Many of those combining revisories contain no striking or | ||||||
| 7 | underscoring because no additional changes are being made in | ||||||
| 8 | the material that is being combined.
| ||||||
| 9 | Section 5. The Effective Date of Laws Act is amended by | ||||||
| 10 | changing Section 6 as follows:
| ||||||
| 11 | (5 ILCS 75/6) (from Ch. 1, par. 1206)
| ||||||
| 12 | Sec. 6.
As used in this Act, "Constitution" means the | ||||||
| 13 | Constitution of the
State of Illinois of 1970.
| ||||||
| 14 | (Source: P.A. 78-85; revised 11-25-14.)
| ||||||
| 15 | Section 10. The Regulatory Sunset Act is amended by | ||||||
| 16 | changing Section 4.27 as follows:
| ||||||
| 17 | (5 ILCS 80/4.27) | ||||||
| 18 | Sec. 4.27. Acts repealed on January 1, 2017. The following
| ||||||
| 19 | are repealed on January 1, 2017:
| ||||||
| 20 | The Illinois Optometric Practice Act of 1987. | ||||||
| 21 | The Clinical Psychologist Licensing Act. | ||||||
| 22 | The Boiler and Pressure Vessel Repairer Regulation Act. | ||||||
| |||||||
| |||||||
| 1 | Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
| ||||||
| 2 | XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | ||||||
| 3 | (Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06; | ||||||
| 4 | 94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff. | ||||||
| 5 | 8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)
| ||||||
| 6 | Section 15. The Illinois Administrative Procedure Act is | ||||||
| 7 | amended by changing Section 10-40 as follows:
| ||||||
| 8 | (5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
| ||||||
| 9 | Sec. 10-40. Rules of evidence; official notice. In | ||||||
| 10 | contested cases:
| ||||||
| 11 | (a) Irrelevant, immaterial, or unduly repetitious evidence | ||||||
| 12 | shall be
excluded. The rules of evidence and privilege as | ||||||
| 13 | applied in civil cases
in the circuit courts of this State | ||||||
| 14 | shall be followed. Evidence not
admissible under those rules of | ||||||
| 15 | evidence may be admitted, however, (except
where precluded by | ||||||
| 16 | statute) if it is of a type commonly relied upon by
reasonably | ||||||
| 17 | prudent men in the conduct of their affairs. Objections to
| ||||||
| 18 | evidentiary offers may be made and shall be noted in the | ||||||
| 19 | record. Subject
to these requirements, when a hearing will be | ||||||
| 20 | expedited and the interests
of the parties will not be | ||||||
| 21 | prejudiced, any part of the evidence may be
received in written | ||||||
| 22 | form.
| ||||||
| 23 | (b) Subject to the evidentiary requirements of subsection | ||||||
| 24 | (a) of this
Section, a party may conduct cross-examination | ||||||
| |||||||
| |||||||
| 1 | required for a full and fair
disclosure of the facts.
| ||||||
| 2 | (c) Notice may be taken of matters of which the circuit | ||||||
| 3 | courts of this
State may take judicial notice. In addition, | ||||||
| 4 | notice may be taken of
generally recognized technical or | ||||||
| 5 | scientific facts within the agency's
specialized knowledge. | ||||||
| 6 | Parties shall be notified either before or during
the hearing, | ||||||
| 7 | or by reference in preliminary reports or otherwise, of the
| ||||||
| 8 | material noticed, including any staff memoranda or data, and | ||||||
| 9 | they shall be
afforded an opportunity to contest the material | ||||||
| 10 | so noticed. The agency's
experience, technical competence, and | ||||||
| 11 | specialized knowledge may be utilized
in the evaluation of the | ||||||
| 12 | evidence.
| ||||||
| 13 | (Source: P.A. 87-823; revised 11-25-14.)
| ||||||
| 14 | Section 20. The Open Meetings Act is amended by changing | ||||||
| 15 | Section 2 as follows:
| ||||||
| 16 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 17 | Sec. 2. Open meetings.
| ||||||
| 18 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 19 | be open to the public unless excepted in subsection (c)
and | ||||||
| 20 | closed in accordance with Section 2a.
| ||||||
| 21 | (b) Construction of exceptions. The exceptions contained | ||||||
| 22 | in subsection
(c) are in derogation of the requirement that | ||||||
| 23 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| 24 | are to be strictly
construed, extending only to subjects | ||||||
| |||||||
| |||||||
| 1 | clearly within their scope.
The exceptions authorize but do not | ||||||
| 2 | require the holding of
a closed meeting to discuss a subject | ||||||
| 3 | included within an enumerated exception.
| ||||||
| 4 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 5 | consider the
following subjects:
| ||||||
| 6 | (1) The appointment, employment, compensation, | ||||||
| 7 | discipline, performance,
or dismissal of specific | ||||||
| 8 | employees of the public body or legal counsel for
the | ||||||
| 9 | public body, including hearing
testimony on a complaint | ||||||
| 10 | lodged against an employee of the public body or
against | ||||||
| 11 | legal counsel for the public body to determine its | ||||||
| 12 | validity.
| ||||||
| 13 | (2) Collective negotiating matters between the public | ||||||
| 14 | body and its
employees or their representatives, or | ||||||
| 15 | deliberations concerning salary
schedules for one or more | ||||||
| 16 | classes of employees.
| ||||||
| 17 | (3) The selection of a person to fill a public office,
| ||||||
| 18 | as defined in this Act, including a vacancy in a public | ||||||
| 19 | office, when the public
body is given power to appoint | ||||||
| 20 | under law or ordinance, or the discipline,
performance or | ||||||
| 21 | removal of the occupant of a public office, when the public | ||||||
| 22 | body
is given power to remove the occupant under law or | ||||||
| 23 | ordinance.
| ||||||
| 24 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 25 | in closed
hearing where specifically authorized by law, to
| ||||||
| 26 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| |||||||
| |||||||
| 1 | that the body
prepares and makes available for public | ||||||
| 2 | inspection a written decision
setting forth its | ||||||
| 3 | determinative reasoning.
| ||||||
| 4 | (5) The purchase or lease of real property for the use | ||||||
| 5 | of
the public body, including meetings held for the purpose | ||||||
| 6 | of discussing
whether a particular parcel should be | ||||||
| 7 | acquired.
| ||||||
| 8 | (6) The setting of a price for sale or lease of | ||||||
| 9 | property owned
by the public body.
| ||||||
| 10 | (7) The sale or purchase of securities, investments, or | ||||||
| 11 | investment
contracts. This exception shall not apply to the | ||||||
| 12 | investment of assets or income of funds deposited into the | ||||||
| 13 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 14 | (8) Security procedures and the use of personnel and
| ||||||
| 15 | equipment to respond to an actual, a threatened, or a | ||||||
| 16 | reasonably
potential danger to the safety of employees, | ||||||
| 17 | students, staff, the public, or
public
property.
| ||||||
| 18 | (9) Student disciplinary cases.
| ||||||
| 19 | (10) The placement of individual students in special | ||||||
| 20 | education
programs and other matters relating to | ||||||
| 21 | individual students.
| ||||||
| 22 | (11) Litigation, when an action against, affecting or | ||||||
| 23 | on behalf of the
particular public body has been filed and | ||||||
| 24 | is pending before a court or
administrative tribunal, or | ||||||
| 25 | when the public body finds that an action is
probable or | ||||||
| 26 | imminent, in which case the basis for the finding shall be
| ||||||
| |||||||
| |||||||
| 1 | recorded and entered into the minutes of the closed | ||||||
| 2 | meeting.
| ||||||
| 3 | (12) The establishment of reserves or settlement of | ||||||
| 4 | claims as provided
in the Local Governmental and | ||||||
| 5 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 6 | disposition of a claim or potential claim might be
| ||||||
| 7 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 8 | risk management
information, records, data, advice or | ||||||
| 9 | communications from or with respect
to any insurer of the | ||||||
| 10 | public body or any intergovernmental risk management
| ||||||
| 11 | association or self insurance pool of which the public body | ||||||
| 12 | is a member.
| ||||||
| 13 | (13) Conciliation of complaints of discrimination in | ||||||
| 14 | the sale or rental
of housing, when closed meetings are | ||||||
| 15 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 16 | practices and creating a commission or
administrative | ||||||
| 17 | agency for their enforcement.
| ||||||
| 18 | (14) Informant sources, the hiring or assignment of | ||||||
| 19 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 20 | future criminal investigations, when
discussed by a public | ||||||
| 21 | body with criminal investigatory responsibilities.
| ||||||
| 22 | (15) Professional ethics or performance when | ||||||
| 23 | considered by an advisory
body appointed to advise a | ||||||
| 24 | licensing or regulatory agency on matters
germane to the | ||||||
| 25 | advisory body's field of competence.
| ||||||
| 26 | (16) Self evaluation, practices and procedures or | ||||||
| |||||||
| |||||||
| 1 | professional ethics,
when meeting with a representative of | ||||||
| 2 | a statewide association of which the
public body is a | ||||||
| 3 | member.
| ||||||
| 4 | (17) The recruitment, credentialing, discipline or | ||||||
| 5 | formal peer review
of physicians or other
health care | ||||||
| 6 | professionals for a hospital, or
other institution | ||||||
| 7 | providing medical care, that is operated by the public | ||||||
| 8 | body.
| ||||||
| 9 | (18) Deliberations for decisions of the Prisoner | ||||||
| 10 | Review Board.
| ||||||
| 11 | (19) Review or discussion of applications received | ||||||
| 12 | under the
Experimental Organ Transplantation Procedures | ||||||
| 13 | Act.
| ||||||
| 14 | (20) The classification and discussion of matters | ||||||
| 15 | classified as
confidential or continued confidential by | ||||||
| 16 | the State Government Suggestion Award
Board.
| ||||||
| 17 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 18 | under this Act,
whether for purposes of approval by the | ||||||
| 19 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 20 | mandated by Section 2.06.
| ||||||
| 21 | (22) Deliberations for decisions of the State
| ||||||
| 22 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 23 | (23) The operation by a municipality of a municipal | ||||||
| 24 | utility or the
operation of a
municipal power agency or | ||||||
| 25 | municipal natural gas agency when the
discussion involves | ||||||
| 26 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| |||||||
| |||||||
| 1 | of electricity or natural gas or (ii) the results
or | ||||||
| 2 | conclusions of load forecast studies.
| ||||||
| 3 | (24) Meetings of a residential health care facility | ||||||
| 4 | resident sexual
assault and death review
team or
the | ||||||
| 5 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 6 | Act.
| ||||||
| 7 | (25) Meetings of an independent team of experts under | ||||||
| 8 | Brian's Law. | ||||||
| 9 | (26) Meetings of a mortality review team appointed | ||||||
| 10 | under the Department of Juvenile Justice Mortality Review | ||||||
| 11 | Team Act. | ||||||
| 12 | (27) (Blank). | ||||||
| 13 | (28) Correspondence and records (i) that may not be | ||||||
| 14 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
| 15 | that pertain to appeals under Section 11-8 of the Public | ||||||
| 16 | Aid Code. | ||||||
| 17 | (29) Meetings between internal or external auditors | ||||||
| 18 | and governmental audit committees, finance committees, and | ||||||
| 19 | their equivalents, when the discussion involves internal | ||||||
| 20 | control weaknesses, identification of potential fraud risk | ||||||
| 21 | areas, known or suspected frauds, and fraud interviews | ||||||
| 22 | conducted in accordance with generally accepted auditing | ||||||
| 23 | standards of the United States of America. | ||||||
| 24 | (30) Those meetings or portions of meetings of a | ||||||
| 25 | fatality review team or the Illinois Fatality Review Team | ||||||
| 26 | Advisory Council during which a review of the death of an | ||||||
| |||||||
| |||||||
| 1 | eligible adult in which abuse or neglect is suspected, | ||||||
| 2 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 3 | 15 of the Adult Protective Services Act. | ||||||
| 4 | (31) Meetings and deliberations for decisions of the | ||||||
| 5 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 6 | Concealed Carry Act. | ||||||
| 7 | (32) Meetings between the Regional Transportation | ||||||
| 8 | Authority Board and its Service Boards when the discussion | ||||||
| 9 | involves review by the Regional Transportation Authority | ||||||
| 10 | Board of employment contracts under Section 28d of the | ||||||
| 11 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 12 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 13 | (d) Definitions. For purposes of this Section:
| ||||||
| 14 | "Employee" means a person employed by a public body whose | ||||||
| 15 | relationship
with the public body constitutes an | ||||||
| 16 | employer-employee relationship under
the usual common law | ||||||
| 17 | rules, and who is not an independent contractor.
| ||||||
| 18 | "Public office" means a position created by or under the
| ||||||
| 19 | Constitution or laws of this State, the occupant of which is | ||||||
| 20 | charged with
the exercise of some portion of the sovereign | ||||||
| 21 | power of this State. The term
"public office" shall include | ||||||
| 22 | members of the public body, but it shall not
include | ||||||
| 23 | organizational positions filled by members thereof, whether
| ||||||
| 24 | established by law or by a public body itself, that exist to | ||||||
| 25 | assist the
body in the conduct of its business.
| ||||||
| 26 | "Quasi-adjudicative body" means an administrative body | ||||||
| |||||||
| |||||||
| 1 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 2 | hearings, receive evidence or
testimony and make | ||||||
| 3 | determinations based
thereon, but does not include
local | ||||||
| 4 | electoral boards when such bodies are considering petition | ||||||
| 5 | challenges.
| ||||||
| 6 | (e) Final action. No final action may be taken at a closed | ||||||
| 7 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 8 | the nature of the
matter being considered and other information | ||||||
| 9 | that will inform the
public of the business being conducted.
| ||||||
| 10 | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | ||||||
| 11 | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | ||||||
| 12 | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. | ||||||
| 13 | 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised | ||||||
| 14 | 10-1-14.)
| ||||||
| 15 | Section 25. The Freedom of Information Act is amended by | ||||||
| 16 | changing Sections 2 and 7.5 as follows:
| ||||||
| 17 | (5 ILCS 140/2) (from Ch. 116, par. 202)
| ||||||
| 18 | Sec. 2. Definitions. As used in this Act:
| ||||||
| 19 | (a) "Public body" means all legislative,
executive, | ||||||
| 20 | administrative, or advisory bodies of the State, state | ||||||
| 21 | universities
and colleges, counties, townships, cities, | ||||||
| 22 | villages, incorporated towns,
school districts and all other | ||||||
| 23 | municipal corporations,
boards, bureaus, committees, or | ||||||
| 24 | commissions of this State, any
subsidiary
bodies of any of the | ||||||
| |||||||
| |||||||
| 1 | foregoing including but not limited to committees and
| ||||||
| 2 | subcommittees thereof, and a School Finance Authority created | ||||||
| 3 | under
Article 1E of the School Code.
"Public body" does not | ||||||
| 4 | include a child death review team
or the Illinois Child Death | ||||||
| 5 | Review Teams
Executive Council
established under
the Child | ||||||
| 6 | Death Review Team Act, or a regional youth advisory board or | ||||||
| 7 | the Statewide Youth Advisory Board established under the | ||||||
| 8 | Department of Children and Family Services Statewide Youth | ||||||
| 9 | Advisory Board Act.
| ||||||
| 10 | (b) "Person" means any individual, corporation, | ||||||
| 11 | partnership, firm,
organization
or association, acting | ||||||
| 12 | individually or as a group.
| ||||||
| 13 | (c) "Public records" means all records, reports, forms, | ||||||
| 14 | writings, letters,
memoranda, books, papers, maps, | ||||||
| 15 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
| 16 | data processing records, electronic communications, recorded | ||||||
| 17 | information and all other
documentary
materials pertaining to | ||||||
| 18 | the transaction of public business, regardless of physical form | ||||||
| 19 | or characteristics, having been
prepared by or for, or having | ||||||
| 20 | been or being used by, received by, in the possession of, or | ||||||
| 21 | under the
control
of
any public body. | ||||||
| 22 | (c-5) "Private information" means unique identifiers, | ||||||
| 23 | including a person's social security number, driver's license | ||||||
| 24 | number, employee identification number, biometric identifiers, | ||||||
| 25 | personal financial information, passwords or other access | ||||||
| 26 | codes, medical records, home or personal telephone numbers, and | ||||||
| |||||||
| |||||||
| 1 | personal email addresses. Private information also includes | ||||||
| 2 | home address and personal license plates, except as otherwise | ||||||
| 3 | provided by law or when compiled without possibility of | ||||||
| 4 | attribution to any person. | ||||||
| 5 | (c-10) "Commercial purpose" means the use of any part of a | ||||||
| 6 | public record or records, or information derived from public | ||||||
| 7 | records, in any form for sale, resale, or solicitation or | ||||||
| 8 | advertisement for sales or services. For purposes of this | ||||||
| 9 | definition, requests made by news media and non-profit, | ||||||
| 10 | scientific, or academic organizations shall not be considered | ||||||
| 11 | to be made for a "commercial purpose" when the principal | ||||||
| 12 | purpose of the request is (i) to access and disseminate | ||||||
| 13 | information concerning news and current or passing events, (ii) | ||||||
| 14 | for articles of opinion or features of interest to the public, | ||||||
| 15 | or (iii) for the purpose of academic, scientific, or public | ||||||
| 16 | research or education.
| ||||||
| 17 | (d) "Copying" means the reproduction of any public record | ||||||
| 18 | by means of any
photographic, electronic, mechanical or other | ||||||
| 19 | process, device or means now known or hereafter developed and | ||||||
| 20 | available to the public body.
| ||||||
| 21 | (e) "Head of the public body" means the president, mayor, | ||||||
| 22 | chairman,
presiding
officer, director, superintendent, | ||||||
| 23 | manager, supervisor or individual otherwise
holding primary | ||||||
| 24 | executive and administrative authority for the public
body, or | ||||||
| 25 | such person's duly authorized designee.
| ||||||
| 26 | (f) "News media" means a newspaper or other periodical | ||||||
| |||||||
| |||||||
| 1 | issued at regular
intervals whether in print or electronic | ||||||
| 2 | format, a news service whether
in print or electronic format, a | ||||||
| 3 | radio
station, a television station, a television network, a | ||||||
| 4 | community
antenna television service, or a person or | ||||||
| 5 | corporation engaged in making news
reels or other motion | ||||||
| 6 | picture news for public showing.
| ||||||
| 7 | (g) "Recurrent requester", as used in Section 3.2 of this | ||||||
| 8 | Act, means a person that, in the 12 months immediately | ||||||
| 9 | preceding the request, has submitted to the same public body | ||||||
| 10 | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | ||||||
| 11 | requests for records within a 30-day period, or (iii) a minimum | ||||||
| 12 | of 7 requests for records within a 7-day period. For purposes | ||||||
| 13 | of this definition, requests made by news media and non-profit, | ||||||
| 14 | scientific, or academic organizations shall not be considered | ||||||
| 15 | in calculating the number of requests made in the time periods | ||||||
| 16 | in this definition when the principal purpose of the requests | ||||||
| 17 | is (i) to access and disseminate information concerning news | ||||||
| 18 | and current or passing events, (ii) for articles of opinion or | ||||||
| 19 | features of interest to the public, or (iii) for the purpose of | ||||||
| 20 | academic, scientific, or public research or education. | ||||||
| 21 | For the purposes of this subsection (g), "request" means a | ||||||
| 22 | written document (or oral request, if the public body chooses | ||||||
| 23 | to honor oral requests) that is submitted to a public body via | ||||||
| 24 | personal delivery, mail, telefax, electronic mail, or other | ||||||
| 25 | means available to the public body and that identifies the | ||||||
| 26 | particular public record the requester seeks. One request may | ||||||
| |||||||
| |||||||
| 1 | identify multiple records to be inspected or copied. | ||||||
| 2 | (h) "Voluminous request" means a request that: (i) includes | ||||||
| 3 | more than 5 individual requests for more than 5 different | ||||||
| 4 | categories of records or a combination of individual requests | ||||||
| 5 | that total requests for more than 5 different categories of | ||||||
| 6 | records in a period of 20 business days; or (ii) requires the | ||||||
| 7 | compilation of more than 500 letter or legal-sized pages of | ||||||
| 8 | public records unless a single requested record exceeds 500 | ||||||
| 9 | pages. "Single requested record" may include, but is not | ||||||
| 10 | limited to, one report, form, e-mail, letter, memorandum, book, | ||||||
| 11 | map, microfilm, tape, or recording. | ||||||
| 12 | "Voluminous request" does not include a request made by | ||||||
| 13 | news media and non-profit, scientific, or academic | ||||||
| 14 | organizations if the principal purpose of the request is: (1) | ||||||
| 15 | to access and disseminate information concerning news and | ||||||
| 16 | current or passing events; (2) for articles of opinion or | ||||||
| 17 | features of interest to the public; or (3) for the purpose of | ||||||
| 18 | academic, scientific, or public research or education. | ||||||
| 19 | For the purposes of this subsection (h), "request" means a | ||||||
| 20 | written document, or oral request, if the public body chooses | ||||||
| 21 | to honor oral requests, that is submitted to a public body via | ||||||
| 22 | personal delivery, mail, telefax, electronic mail, or other | ||||||
| 23 | means available to the public body and that identifies the | ||||||
| 24 | particular public record or records the requester seeks. One | ||||||
| 25 | request may identify multiple individual records to be | ||||||
| 26 | inspected or copied. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15; | ||||||
| 2 | 98-1129, eff. 12-3-14; revised 12-19-14.)
| ||||||
| 3 | (5 ILCS 140/7.5) | ||||||
| 4 | Sec. 7.5. Statutory exemptions Exemptions. To the extent | ||||||
| 5 | provided for by the statutes referenced below, the following | ||||||
| 6 | shall be exempt from inspection and copying: | ||||||
| 7 | (a) All information determined to be confidential | ||||||
| 8 | under Section 4002 of the Technology Advancement and | ||||||
| 9 | Development Act. | ||||||
| 10 | (b) Library circulation and order records identifying | ||||||
| 11 | library users with specific materials under the Library | ||||||
| 12 | Records Confidentiality Act. | ||||||
| 13 | (c) Applications, related documents, and medical | ||||||
| 14 | records received by the Experimental Organ Transplantation | ||||||
| 15 | Procedures Board and any and all documents or other records | ||||||
| 16 | prepared by the Experimental Organ Transplantation | ||||||
| 17 | Procedures Board or its staff relating to applications it | ||||||
| 18 | has received. | ||||||
| 19 | (d) Information and records held by the Department of | ||||||
| 20 | Public Health and its authorized representatives relating | ||||||
| 21 | to known or suspected cases of sexually transmissible | ||||||
| 22 | disease or any information the disclosure of which is | ||||||
| 23 | restricted under the Illinois Sexually Transmissible | ||||||
| 24 | Disease Control Act. | ||||||
| 25 | (e) Information the disclosure of which is exempted | ||||||
| |||||||
| |||||||
| 1 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 2 | (f) Firm performance evaluations under Section 55 of | ||||||
| 3 | the Architectural, Engineering, and Land Surveying | ||||||
| 4 | Qualifications Based Selection Act. | ||||||
| 5 | (g) Information the disclosure of which is restricted | ||||||
| 6 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 7 | Tuition Act. | ||||||
| 8 | (h) Information the disclosure of which is exempted | ||||||
| 9 | under the State Officials and Employees Ethics Act, and | ||||||
| 10 | records of any lawfully created State or local inspector | ||||||
| 11 | general's office that would be exempt if created or | ||||||
| 12 | obtained by an Executive Inspector General's office under | ||||||
| 13 | that Act. | ||||||
| 14 | (i) Information contained in a local emergency energy | ||||||
| 15 | plan submitted to a municipality in accordance with a local | ||||||
| 16 | emergency energy plan ordinance that is adopted under | ||||||
| 17 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 18 | (j) Information and data concerning the distribution | ||||||
| 19 | of surcharge moneys collected and remitted by wireless | ||||||
| 20 | carriers under the Wireless Emergency Telephone Safety | ||||||
| 21 | Act. | ||||||
| 22 | (k) Law enforcement officer identification information | ||||||
| 23 | or driver identification information compiled by a law | ||||||
| 24 | enforcement agency or the Department of Transportation | ||||||
| 25 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 26 | (l) Records and information provided to a residential | ||||||
| |||||||
| |||||||
| 1 | health care facility resident sexual assault and death | ||||||
| 2 | review team or the Executive Council under the Abuse | ||||||
| 3 | Prevention Review Team Act. | ||||||
| 4 | (m) Information provided to the predatory lending | ||||||
| 5 | database created pursuant to Article 3 of the Residential | ||||||
| 6 | Real Property Disclosure Act, except to the extent | ||||||
| 7 | authorized under that Article. | ||||||
| 8 | (n) Defense budgets and petitions for certification of | ||||||
| 9 | compensation and expenses for court appointed trial | ||||||
| 10 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
| 11 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
| 12 | until the conclusion of the trial of the case, even if the | ||||||
| 13 | prosecution chooses not to pursue the death penalty prior | ||||||
| 14 | to trial or sentencing. | ||||||
| 15 | (o) Information that is prohibited from being | ||||||
| 16 | disclosed under Section 4 of the Illinois Health and | ||||||
| 17 | Hazardous Substances Registry Act. | ||||||
| 18 | (p) Security portions of system safety program plans, | ||||||
| 19 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 20 | information compiled, collected, or prepared by or for the | ||||||
| 21 | Regional Transportation Authority under Section 2.11 of | ||||||
| 22 | the Regional Transportation Authority Act or the St. Clair | ||||||
| 23 | County Transit District under the Bi-State Transit Safety | ||||||
| 24 | Act. | ||||||
| 25 | (q) Information prohibited from being disclosed by the | ||||||
| 26 | Personnel Records Review Act. | ||||||
| |||||||
| |||||||
| 1 | (r) Information prohibited from being disclosed by the | ||||||
| 2 | Illinois School Student Records Act. | ||||||
| 3 | (s) Information the disclosure of which is restricted | ||||||
| 4 | under Section 5-108 of the Public Utilities Act.
| ||||||
| 5 | (t) All identified or deidentified health information | ||||||
| 6 | in the form of health data or medical records contained in, | ||||||
| 7 | stored in, submitted to, transferred by, or released from | ||||||
| 8 | the Illinois Health Information Exchange, and identified | ||||||
| 9 | or deidentified health information in the form of health | ||||||
| 10 | data and medical records of the Illinois Health Information | ||||||
| 11 | Exchange in the possession of the Illinois Health | ||||||
| 12 | Information Exchange Authority due to its administration | ||||||
| 13 | of the Illinois Health Information Exchange. The terms | ||||||
| 14 | "identified" and "deidentified" shall be given the same | ||||||
| 15 | meaning as in the Health Insurance Accountability and | ||||||
| 16 | Portability Act of 1996, Public Law 104-191, or any | ||||||
| 17 | subsequent amendments thereto, and any regulations | ||||||
| 18 | promulgated thereunder. | ||||||
| 19 | (u) Records and information provided to an independent | ||||||
| 20 | team of experts under Brian's Law. | ||||||
| 21 | (v) Names and information of people who have applied | ||||||
| 22 | for or received Firearm Owner's Identification Cards under | ||||||
| 23 | the Firearm Owners Identification Card Act or applied for | ||||||
| 24 | or received a concealed carry license under the Firearm | ||||||
| 25 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 26 | Firearm Concealed Carry Act; and databases under the | ||||||
| |||||||
| |||||||
| 1 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
| 2 | Licensing Review Board under the Firearm Concealed Carry | ||||||
| 3 | Act, and law enforcement agency objections under the | ||||||
| 4 | Firearm Concealed Carry Act. | ||||||
| 5 | (w) Personally identifiable information which is | ||||||
| 6 | exempted from disclosure under subsection (g) of Section | ||||||
| 7 | 19.1 of the Toll Highway Act. | ||||||
| 8 | (x) Information which is exempted from disclosure | ||||||
| 9 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 10 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 11 | (y) Confidential information under the Adult | ||||||
| 12 | Protective Services Act and its predecessor enabling | ||||||
| 13 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 14 | information about the identity and administrative finding | ||||||
| 15 | against any caregiver of a verified and substantiated | ||||||
| 16 | decision of abuse, neglect, or financial exploitation of an | ||||||
| 17 | eligible adult maintained in the Registry established | ||||||
| 18 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 19 | (z) Records and information provided to a fatality | ||||||
| 20 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 21 | Council under Section 15 of the Adult Protective Services | ||||||
| 22 | Act. | ||||||
| 23 | (aa) Information which is exempted from disclosure | ||||||
| 24 | under Section 2.37 of the Wildlife Code. | ||||||
| 25 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
| 26 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
| |||||||
| |||||||
| 1 | eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039, | ||||||
| 2 | eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
| ||||||
| 3 | Section 30. The State Records Act is amended by changing | ||||||
| 4 | Section 15b as follows:
| ||||||
| 5 | (5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
| ||||||
| 6 | Sec. 15b. The head of each agency shall:
| ||||||
| 7 | (1) Determine what records are "essential" for | ||||||
| 8 | emergency government
operation through consultation with | ||||||
| 9 | all branches of government, State
agencies, and with the | ||||||
| 10 | State Civil Defense Agency.
| ||||||
| 11 | (2) Determine what records are "essential" for | ||||||
| 12 | post-emergency government
operations and provide for their | ||||||
| 13 | protection and preservation.
| ||||||
| 14 | (3) Establish the manner in which essential records for | ||||||
| 15 | emergency and
post-emergency government operations shall | ||||||
| 16 | be preserved to ensure insure emergency
usability.
| ||||||
| 17 | (4) Establish and maintain an essential
records | ||||||
| 18 | preservation program.
| ||||||
| 19 | The Secretary may provide for security storage or
| ||||||
| 20 | relocation of essential State
records in the event of an | ||||||
| 21 | emergency arising from enemy attack or natural
disaster.
| ||||||
| 22 | (Source: P.A. 85-414; revised 11-25-14.)
| ||||||
| 23 | Section 35. The Electronic Commerce Security Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Section 10-115 as follows:
| ||||||
| 2 | (5 ILCS 175/10-115)
| ||||||
| 3 | Sec. 10-115. Commercially reasonable; reliance.
| ||||||
| 4 | (a) The commercial reasonableness of a security
procedure | ||||||
| 5 | is a question of law to be determined in light of the purposes | ||||||
| 6 | of the
procedure and the commercial
circumstances at the time | ||||||
| 7 | the
procedure was used, including the nature of the | ||||||
| 8 | transaction, sophistication of
the parties, volume of
similar | ||||||
| 9 | transactions engaged in by either or both of the parties, | ||||||
| 10 | availability
of alternatives offered to but
rejected by either | ||||||
| 11 | of the parties, cost of alternative procedures, and
procedures | ||||||
| 12 | in general use for similar
types of transactions.
| ||||||
| 13 | (b) Whether reliance on a security procedure was reasonable | ||||||
| 14 | and in good
faith is to be
determined in light of all the | ||||||
| 15 | circumstances known to the relying party at the
time of the | ||||||
| 16 | reliance, having
due regard to the:
| ||||||
| 17 | (1) the information that the relying party knew or | ||||||
| 18 | should have known of at the
time of
reliance that would | ||||||
| 19 | suggest that reliance was or was not reasonable;
| ||||||
| 20 | (2) the value or importance of the electronic record, | ||||||
| 21 | if known;
| ||||||
| 22 | (3) any course of dealing between the relying party and | ||||||
| 23 | the purported
sender and
the available indicia of | ||||||
| 24 | reliability or unreliability apart from the security
| ||||||
| 25 | procedure;
| ||||||
| |||||||
| |||||||
| 1 | (4) any usage of trade, particularly trade conducted by | ||||||
| 2 | trustworthy
systems or other
computer-based means; and
| ||||||
| 3 | (5) whether the verification was performed with the | ||||||
| 4 | assistance of an
independent
third party.
| ||||||
| 5 | (Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)
| ||||||
| 6 | Section 40. The Employee Rights Violation Act is amended by | ||||||
| 7 | changing Section 2 as follows:
| ||||||
| 8 | (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
| ||||||
| 9 | Sec. 2.
For the purposes of this Act, the terms used herein | ||||||
| 10 | shall
have the meanings ascribed to them in this Section:
| ||||||
| 11 | (a) "Policy making officer" means: (i) an employee of a | ||||||
| 12 | State agency who
is engaged predominantly in executive and | ||||||
| 13 | management functions and is
charged with the responsibility of | ||||||
| 14 | directing the effectuation of such
management policies and | ||||||
| 15 | practices; or (ii) an employee of a State agency
whose | ||||||
| 16 | principal work is substantially different from that of his
| ||||||
| 17 | subordinates and who has authority in the interest of the State | ||||||
| 18 | agency to
hire, transfer, suspend, lay off, recall, promote, | ||||||
| 19 | discharge, direct,
reward, or discipline employees, or to | ||||||
| 20 | adjust their grievances, or to
effectively recommend such | ||||||
| 21 | action, if the exercise of such authority is not
of a merely | ||||||
| 22 | routine or clerical nature, but requires the consistent use of
| ||||||
| 23 | independent judgment; or (iii) a Director, Assistant Director | ||||||
| 24 | or Deputy
Director of a State agency. ;
| ||||||
| |||||||
| |||||||
| 1 | (b) "State agency" means the Departments of the Executive | ||||||
| 2 | Branch of
State government listed in Section 5-15 of the | ||||||
| 3 | Departments of State
Government Law (20 ILCS 5/5-15). ;
| ||||||
| 4 | (c) "Director" includes the Secretary of Transportation.
| ||||||
| 5 | (Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)
| ||||||
| 6 | Section 45. The Election Code is amended by changing | ||||||
| 7 | Sections 10-10 and 16-6.1 as follows:
| ||||||
| 8 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||||||
| 9 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
| 10 | certificate of
nomination or nomination papers or proposed | ||||||
| 11 | question of public
policy, as the case may be, and the | ||||||
| 12 | objector's petition, the chairman
of the electoral board other | ||||||
| 13 | than the State Board of Elections shall
send a call by | ||||||
| 14 | registered or certified mail to each of the members of the
| ||||||
| 15 | electoral board, and to the objector who filed the objector's | ||||||
| 16 | petition, and
either to the candidate whose certificate of | ||||||
| 17 | nomination or nomination
papers are objected to or to the | ||||||
| 18 | principal proponent or attorney for
proponents of a question of | ||||||
| 19 | public policy, as the case may be, whose
petitions are objected | ||||||
| 20 | to, and shall also cause the sheriff of the county
or counties | ||||||
| 21 | in which such officers and persons reside to serve a copy of
| ||||||
| 22 | such call upon each of such officers and persons, which call | ||||||
| 23 | shall set out
the fact that the electoral board is required to | ||||||
| 24 | meet to hear and pass upon
the objections to nominations made | ||||||
| |||||||
| |||||||
| 1 | for the office, designating it, and
shall state the day, hour | ||||||
| 2 | and place at which the electoral board shall meet
for the | ||||||
| 3 | purpose, which place shall be in the
county court house in the | ||||||
| 4 | county in the case of the County Officers
Electoral Board, the | ||||||
| 5 | Municipal Officers Electoral Board, the Township
Officers | ||||||
| 6 | Electoral Board or the Education Officers Electoral Board, | ||||||
| 7 | except that the Municipal Officers Electoral Board, the | ||||||
| 8 | Township Officers Electoral Board, and the Education Officers | ||||||
| 9 | Electoral Board may meet at the location where the governing | ||||||
| 10 | body of the municipality, township, or community college | ||||||
| 11 | district, respectively, holds its regularly scheduled | ||||||
| 12 | meetings, if that location is available; provided that voter | ||||||
| 13 | records may be removed from the offices of an election | ||||||
| 14 | authority only at the discretion and under the supervision of | ||||||
| 15 | the election authority.
In
those cases where the State Board of | ||||||
| 16 | Elections is the electoral board
designated under Section 10-9, | ||||||
| 17 | the chairman of the State Board of Elections
shall, within 24 | ||||||
| 18 | hours after the receipt of the certificate of nomination
or | ||||||
| 19 | nomination papers or petitions for a proposed amendment to | ||||||
| 20 | Article IV of
the Constitution or proposed statewide question | ||||||
| 21 | of public policy, send a
call by registered or certified mail | ||||||
| 22 | to the objector who files the
objector's petition, and either | ||||||
| 23 | to the candidate whose certificate of
nomination or nomination | ||||||
| 24 | papers are objected to or to the principal
proponent or | ||||||
| 25 | attorney for proponents of the proposed Constitutional
| ||||||
| 26 | amendment or statewide question of public policy and shall | ||||||
| |||||||
| |||||||
| 1 | state the day,
hour and place at which the electoral board | ||||||
| 2 | shall meet for the purpose,
which place may be in the Capitol | ||||||
| 3 | Building or in the principal or permanent
branch office of the | ||||||
| 4 | State Board. The day of the meeting shall not be less
than 3 | ||||||
| 5 | nor more than 5 days after the receipt of the certificate of
| ||||||
| 6 | nomination or nomination papers and the objector's petition by | ||||||
| 7 | the chairman
of the electoral board.
| ||||||
| 8 | The electoral board shall have the power to administer | ||||||
| 9 | oaths and to
subpoena and examine witnesses and, at the request | ||||||
| 10 | of either party and only upon a vote by a majority of its | ||||||
| 11 | members, may authorize the
chairman to issue subpoenas | ||||||
| 12 | requiring the attendance of witnesses and
subpoenas duces tecum | ||||||
| 13 | requiring the production of such books, papers,
records and | ||||||
| 14 | documents as may be evidence of any matter under inquiry
before | ||||||
| 15 | the electoral board, in the same manner as witnesses are
| ||||||
| 16 | subpoenaed in the Circuit Court.
| ||||||
| 17 | Service of such subpoenas shall be made by any sheriff or | ||||||
| 18 | other
person in the same manner as in cases in such court and | ||||||
| 19 | the fees of such
sheriff shall be the same as is provided by | ||||||
| 20 | law, and shall be paid by
the objector or candidate who causes | ||||||
| 21 | the issuance of the subpoena. In
case any person so served | ||||||
| 22 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
| 23 | to testify, the electoral board shall at once file a
petition | ||||||
| 24 | in the circuit court of the county in which such hearing is to
| ||||||
| 25 | be heard, or has been attempted to be heard, setting forth the | ||||||
| 26 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
| |||||||
| |||||||
| 1 | petition with a
copy of the citation and the answer, if one has | ||||||
| 2 | been filed, together
with a copy of the subpoena and the return | ||||||
| 3 | of service thereon, and shall
apply for an order of court | ||||||
| 4 | requiring such person to attend and testify,
and forthwith | ||||||
| 5 | produce books and papers, before the electoral board. Any
| ||||||
| 6 | circuit court of the state, excluding the judge who is sitting | ||||||
| 7 | on the electoral
board, upon such showing shall order such | ||||||
| 8 | person to appear and testify,
and to forthwith produce such | ||||||
| 9 | books and papers, before the electoral board
at a place to be | ||||||
| 10 | fixed by the court. If such person shall knowingly fail
or | ||||||
| 11 | refuse to obey such order of the court without lawful excuse, | ||||||
| 12 | the court
shall punish him or her by fine and imprisonment, as | ||||||
| 13 | the nature of the case
may require and may be lawful in cases | ||||||
| 14 | of contempt of court.
| ||||||
| 15 | The electoral board on the first day of its meeting shall | ||||||
| 16 | adopt rules
of procedure for the introduction of evidence and | ||||||
| 17 | the presentation of
arguments and may, in its discretion, | ||||||
| 18 | provide for the filing of briefs
by the parties to the | ||||||
| 19 | objection or by other interested persons.
| ||||||
| 20 | In the event of a State Electoral Board hearing on | ||||||
| 21 | objections to a
petition for an amendment to Article IV of the | ||||||
| 22 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
| 23 | Constitution, or to a
petition for a question of public policy | ||||||
| 24 | to be submitted to the
voters of the entire State, the | ||||||
| 25 | certificates of the county clerks and boards
of election | ||||||
| 26 | commissioners showing the results of the random sample of
| ||||||
| |||||||
| |||||||
| 1 | signatures on the petition shall be prima facie valid and | ||||||
| 2 | accurate, and
shall be presumed to establish the number of | ||||||
| 3 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
| 4 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
| 5 | this Code. Either party, however, may introduce
evidence at | ||||||
| 6 | such hearing to dispute the findings as to particular | ||||||
| 7 | signatures.
In addition to the foregoing, in the absence of | ||||||
| 8 | competent evidence presented
at such hearing by a party | ||||||
| 9 | substantially challenging the results of a random
sample, or | ||||||
| 10 | showing a different result obtained by an additional sample,
| ||||||
| 11 | this certificate of a county clerk or board of election | ||||||
| 12 | commissioners shall
be presumed to establish the ratio of valid | ||||||
| 13 | to invalid signatures within
the particular election | ||||||
| 14 | jurisdiction.
| ||||||
| 15 | The electoral board shall take up the question as to | ||||||
| 16 | whether or not
the certificate of nomination or nomination | ||||||
| 17 | papers or petitions are in
proper form, and whether or not they | ||||||
| 18 | were filed within the time and
under the conditions required by | ||||||
| 19 | law, and whether or not they are the
genuine certificate of | ||||||
| 20 | nomination or nomination papers or petitions
which they purport | ||||||
| 21 | to be, and whether or not in the case of the
certificate of | ||||||
| 22 | nomination in question it represents accurately the
decision of | ||||||
| 23 | the caucus or convention issuing it, and in general shall
| ||||||
| 24 | decide whether or not the certificate of nomination or | ||||||
| 25 | nominating papers
or petitions on file are valid or whether the | ||||||
| 26 | objections thereto should
be sustained and the decision of a | ||||||
| |||||||
| |||||||
| 1 | majority of the electoral board shall
be final subject to | ||||||
| 2 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
| 3 | board must state its findings in writing and must state in
| ||||||
| 4 | writing which objections, if any, it has sustained. A copy of | ||||||
| 5 | the decision shall be served upon the parties to the | ||||||
| 6 | proceedings in open proceedings before the electoral board. If | ||||||
| 7 | a party does not appear for receipt of the decision, the | ||||||
| 8 | decision shall be deemed to have been served on the absent | ||||||
| 9 | party on the date when a copy of the decision is personally | ||||||
| 10 | delivered or on the date when a copy of the decision is | ||||||
| 11 | deposited in the Unites States mail, in a sealed envelope or | ||||||
| 12 | package, with postage prepaid, addressed to each party affected | ||||||
| 13 | by the decision or to such party's attorney of record, if any, | ||||||
| 14 | at the address on record for such person in the files of the | ||||||
| 15 | electoral board.
| ||||||
| 16 | Upon the expiration of the period within which a proceeding | ||||||
| 17 | for
judicial review must be commenced under Section 10-10.1, | ||||||
| 18 | the electoral
board shall, unless a proceeding for judicial | ||||||
| 19 | review has been commenced
within such period, transmit, by | ||||||
| 20 | registered or certified mail, a
certified copy of its ruling, | ||||||
| 21 | together with the original certificate of
nomination or | ||||||
| 22 | nomination papers or petitions and the original objector's
| ||||||
| 23 | petition, to the officer or board with whom the certificate of
| ||||||
| 24 | nomination or nomination papers or petitions, as objected to, | ||||||
| 25 | were on
file, and such officer or board shall abide by and | ||||||
| 26 | comply with the
ruling so made to all intents and purposes.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||||||
| 2 | revised 11-25-14.)
| ||||||
| 3 | (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
| ||||||
| 4 | Sec. 16-6.1.
In elections held pursuant to the provisions | ||||||
| 5 | of Section 12 of
Article VI of the Constitution relating to | ||||||
| 6 | retention of judges in office,
the form of the proposition to | ||||||
| 7 | be submitted for each candidate shall be
as provided in | ||||||
| 8 | paragraph (1) or (2), as the election authority may choose.
| ||||||
| 9 | (1) The names of all persons seeking retention in the | ||||||
| 10 | same office shall be
listed, in the order provided in this | ||||||
| 11 | Section, with one proposition that reads
substantially as | ||||||
| 12 | follows: "Shall each of the persons listed be retained
in | ||||||
| 13 | office as (insert name of office and court)?".
To the right | ||||||
| 14 | of each candidate's name must be places for the voter to | ||||||
| 15 | mark
"Yes" or "No". If the list of candidates for retention | ||||||
| 16 | in the same office
exceeds one page of the ballot, the | ||||||
| 17 | proposition must appear on each page
upon which the list of | ||||||
| 18 | candidates continues.
| ||||||
| 19 | (2) The form of the proposition for each candidate | ||||||
| 20 | shall be
substantially as follows:
| ||||||
| 21 | -----------------------------------------------------
| ||||||
| 22 | Shall ....... (insert name YES
| ||||||
| 23 | of candidate) be retained in --------------
| ||||||
| 24 | office as ..... (insert name NO
| ||||||
| 25 | of office and Court)?
| ||||||
| |||||||
| |||||||
| 1 | -----------------------------------------------------
| ||||||
| 2 | The names of all candidates thus submitting their names for | ||||||
| 3 | retention in
office in any particular judicial district or | ||||||
| 4 | circuit shall appear on the
same ballot which shall be separate | ||||||
| 5 | from all other ballots voted on at the
general election.
| ||||||
| 6 | Propositions on Supreme Court judges, if any are seeking | ||||||
| 7 | retention,
shall appear on the ballot in the first group, for | ||||||
| 8 | judges of the Appellate
Court in the second group immediately | ||||||
| 9 | under the first, and for circuit
judges in the last group. The | ||||||
| 10 | grouping of candidates for the same office
shall be preceded by | ||||||
| 11 | a heading describing the office and the court. If
there are two | ||||||
| 12 | or more candidates for each office, the names of such
| ||||||
| 13 | candidates in each group shall be listed in the order | ||||||
| 14 | determined as
follows: The name of the person with the greatest | ||||||
| 15 | length of time served in
the specified office of the specified | ||||||
| 16 | court shall be listed first in each
group. The rest of the | ||||||
| 17 | names shall be listed in the appropriate order based
on the | ||||||
| 18 | same seniority standard. If two or more candidates for each | ||||||
| 19 | office
have served identical periods of time in the specified | ||||||
| 20 | office, such
candidates shall be listed alphabetically at the | ||||||
| 21 | appropriate place in the
order of names based on seniority in | ||||||
| 22 | the office as described. Circuit
judges shall be credited for | ||||||
| 23 | the purposes of this section with service as
associate judges | ||||||
| 24 | prior to July 1, 1971 and with service on any court the
judges | ||||||
| 25 | of which were made associate judges on January 1, 1964 by | ||||||
| 26 | virtue of
Paragraph 4, subparagraphs (c) and (d) of the | ||||||
| |||||||
| |||||||
| 1 | Schedule to Article VI of the
former Illinois Constitution.
| ||||||
| 2 | At the top of the ballot on the same side as the | ||||||
| 3 | propositions on the
candidates are listed shall be printed an | ||||||
| 4 | explanation to read substantially
as follows: "Vote on the | ||||||
| 5 | proposition with respect to all or any of the
judges listed on | ||||||
| 6 | this ballot. No judge listed is running against any other
| ||||||
| 7 | judge. The sole question is whether each judge shall be | ||||||
| 8 | retained in his or her
present office".
| ||||||
| 9 | Such separate ballot shall be printed on paper of | ||||||
| 10 | sufficient size so
that when folded once it shall be large | ||||||
| 11 | enough to contain the following
words, which shall be printed | ||||||
| 12 | on the back, "Ballot for judicial candidates
seeking retention | ||||||
| 13 | in office". Such ballot shall be handed to the elector at
the | ||||||
| 14 | same time as the ballot containing the names of other | ||||||
| 15 | candidates for
the general election and shall be returned | ||||||
| 16 | therewith by the elector to the
proper officer in the manner | ||||||
| 17 | designated by this Act. All provisions of this
Act relating to | ||||||
| 18 | ballots shall apply to such separate ballot, except as
| ||||||
| 19 | otherwise specifically provided in this section. Such separate | ||||||
| 20 | ballot shall
be printed upon paper of a green color. No other | ||||||
| 21 | ballot at the same
election shall be green in color.
| ||||||
| 22 | In precincts in which voting machines are used, the special | ||||||
| 23 | ballot
containing the propositions on the retention of judges | ||||||
| 24 | may be placed on the
voting machines if such voting machines | ||||||
| 25 | permit the casting of votes on such
propositions.
| ||||||
| 26 | An electronic voting system authorized by Article 24A may | ||||||
| |||||||
| |||||||
| 1 | be used in
voting and tabulating the judicial retention | ||||||
| 2 | ballots. When an electronic
voting system is used which | ||||||
| 3 | utilizes a ballot label booklet and ballot
card, there shall be | ||||||
| 4 | used in the label booklet a separate ballot label page
or pages | ||||||
| 5 | as required for such proposition, which page or pages for such
| ||||||
| 6 | proposition shall be of a green color separate and distinct | ||||||
| 7 | from the ballot
label page or pages used for any other | ||||||
| 8 | proposition or candidates.
| ||||||
| 9 | (Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised | ||||||
| 10 | 11-25-14.)
| ||||||
| 11 | Section 50. The State Comptroller Act is amended by | ||||||
| 12 | changing Section 26 as follows:
| ||||||
| 13 | (15 ILCS 405/26) | ||||||
| 14 | Sec. 26. Illinois Gives Initiative. | ||||||
| 15 | (a) The Illinois Gives Initiative is hereby created to | ||||||
| 16 | provide a mechanism whereby an employee or annuitant may | ||||||
| 17 | authorize the withholding of a portion of his or her salary, | ||||||
| 18 | wages, or annuity for payment to Illinois chapters of the | ||||||
| 19 | American Red Cross whose territories include areas affected by | ||||||
| 20 | a declaration of disaster issued in accordance with Section 7 | ||||||
| 21 | of the Illinois Emergency Management Agency Act. | ||||||
| 22 | (b) The initiative shall be administered by the State | ||||||
| 23 | Comptroller, who is authorized to: | ||||||
| 24 | (1) develop an electronic mechanism whereby an | ||||||
| |||||||
| |||||||
| 1 | employee or annuitant may register with the Office of the | ||||||
| 2 | Comptroller for the withholding to be deducted from the | ||||||
| 3 | next available scheduled pay period; | ||||||
| 4 | (2) develop policies and procedures necessary for the | ||||||
| 5 | efficient transmission of the notification of the | ||||||
| 6 | withholding under this Section to the employee's Payroll | ||||||
| 7 | Officer or the annuitant's Retirement Agency; and | ||||||
| 8 | (3) develop policies and procedures necessary for the | ||||||
| 9 | efficient distribution of the withholdings under this | ||||||
| 10 | Section to designated Illinois chapters of the American Red | ||||||
| 11 | Cross.
| ||||||
| 12 | (Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.)
| ||||||
| 13 | Section 55. The Illinois Act on the Aging is amended by | ||||||
| 14 | changing Section 8.09 as follows:
| ||||||
| 15 | (20 ILCS 105/8.09) | ||||||
| 16 | Sec. 8.09. Unlicensed or uncertified facilities. No public | ||||||
| 17 | official, agent, or employee may place any person in or with, | ||||||
| 18 | or recommend that any person be placed in or with, or directly | ||||||
| 19 | or indirectly cause any person to be placed in or with any | ||||||
| 20 | unlicensed or uncertified: (i) board and care home as defined | ||||||
| 21 | in the Board and Care Home Act and licensed under the Assisted | ||||||
| 22 | Living and Shared Housing Act; (ii) assisted living or shared | ||||||
| 23 | housing establishment as defined in the Assisted Living and | ||||||
| 24 | Shared Housing Act; (iii) facility licensed under the Nursing | ||||||
| |||||||
| |||||||
| 1 | Home Care Act; (iv) supportive living facility as described in | ||||||
| 2 | Section 5-5.01a of the Illinois Public Aid Code; (v) | ||||||
| 3 | free-standing hospice residence licensed under the Hospice | ||||||
| 4 | Program Licensing Act; or (vi) home services agency licensed | ||||||
| 5 | under the Home Health, Home Services, and Home Nursing Agency | ||||||
| 6 | Licensing Act if licensure or certification is required. No | ||||||
| 7 | public official, agent, or employee may place the name of such | ||||||
| 8 | a facility on a list of facilities to be circulated to the | ||||||
| 9 | public, unless the facility is licensed or certified. Use of | ||||||
| 10 | the Department of Public Health's annual list of licensed | ||||||
| 11 | facilities shall satisfy compliance with this Section for all | ||||||
| 12 | facilities licensed or certified by the Illinois Department of | ||||||
| 13 | Public Health.
| ||||||
| 14 | (Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.)
| ||||||
| 15 | Section 60. The Alcoholism and Other Drug Abuse and | ||||||
| 16 | Dependency Act is amended by changing Section 40-5 as follows:
| ||||||
| 17 | (20 ILCS 301/40-5) | ||||||
| 18 | Sec. 40-5. Election of treatment. An addict or alcoholic | ||||||
| 19 | who is charged
with or convicted of a crime or any other person | ||||||
| 20 | charged with or convicted of a misdemeanor violation of the Use | ||||||
| 21 | of Intoxicating Compounds Act and who has not been previously | ||||||
| 22 | convicted of a violation of that Act may elect treatment under | ||||||
| 23 | the supervision of a
licensed program designated by the | ||||||
| 24 | Department, referred to in this Article
as "designated | ||||||
| |||||||
| |||||||
| 1 | program", unless: | ||||||
| 2 | (1) the crime is a crime of violence; | ||||||
| 3 | (2) the crime is a violation of Section 401(a), 401(b), | ||||||
| 4 | 401(c) where the
person electing treatment has been | ||||||
| 5 | previously convicted of a non-probationable
felony or the | ||||||
| 6 | violation is non-probationable, 401(d) where the violation | ||||||
| 7 | is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||||||
| 8 | Illinois Controlled
Substances
Act, or Section 12-7.3 of | ||||||
| 9 | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), | ||||||
| 10 | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis | ||||||
| 11 | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), | ||||||
| 12 | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control | ||||||
| 13 | and Community Protection Act or is otherwise ineligible for | ||||||
| 14 | probation under Section 70 of the Methamphetamine Control | ||||||
| 15 | and Community Protection Act; | ||||||
| 16 | (3) the person has a record of 2 or more convictions of | ||||||
| 17 | a crime of
violence; | ||||||
| 18 | (4) other criminal proceedings alleging commission of | ||||||
| 19 | a felony are pending
against the person; | ||||||
| 20 | (5) the person is on probation or parole and the | ||||||
| 21 | appropriate parole or
probation authority does not consent | ||||||
| 22 | to that election; | ||||||
| 23 | (6) the person elected and was admitted to a designated | ||||||
| 24 | program on 2 prior
occasions within any consecutive 2-year | ||||||
| 25 | period; | ||||||
| 26 | (7) the person has been convicted of residential | ||||||
| |||||||
| |||||||
| 1 | burglary and has a record
of one or more felony | ||||||
| 2 | convictions; | ||||||
| 3 | (8) the crime is a violation of Section 11-501 of the | ||||||
| 4 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 5 | ordinance; or | ||||||
| 6 | (9) the crime is a reckless homicide or a reckless | ||||||
| 7 | homicide of an unborn
child, as defined in Section 9-3 or | ||||||
| 8 | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 9 | 2012, in
which the cause of death consists of the driving | ||||||
| 10 | of a motor vehicle by a person
under the influence of | ||||||
| 11 | alcohol or any other drug or drugs at the time of the
| ||||||
| 12 | violation. | ||||||
| 13 | Nothing in this Section shall preclude an individual who is | ||||||
| 14 | charged with or convicted of a crime that is a violation of | ||||||
| 15 | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and | ||||||
| 16 | Community Protection Act, and who is otherwise eligible to make | ||||||
| 17 | the election provided for under this Section, from being | ||||||
| 18 | eligible to make an election for treatment as a condition of | ||||||
| 19 | probation as provided for under this Article. | ||||||
| 20 | (Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 21 | 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.)
| ||||||
| 22 | Section 65. The Children and Family Services Act is amended | ||||||
| 23 | by changing Section 8 as follows:
| ||||||
| 24 | (20 ILCS 505/8) (from Ch. 23, par. 5008)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8. Scholarships and fee waivers. Each year the | ||||||
| 2 | Department shall select a minimum of 53 students (at least 4 of | ||||||
| 3 | whom shall be children of veterans) to receive scholarships and | ||||||
| 4 | fee waivers which will enable them to attend and complete their | ||||||
| 5 | post-secondary education at a community college, university, | ||||||
| 6 | or college. Youth shall be selected from among the youth for | ||||||
| 7 | whom the Department has court-ordered legal responsibility, | ||||||
| 8 | youth who aged out of care at age 18 or older, or youth | ||||||
| 9 | formerly under care
who have been adopted or who have been | ||||||
| 10 | placed in private guardianship. Recipients must have earned a | ||||||
| 11 | high school diploma from an accredited institution or , a high | ||||||
| 12 | school equivalency General Education Development certificate | ||||||
| 13 | or diploma, or have met the State criteria for high school | ||||||
| 14 | graduation before the start of the school year for which they | ||||||
| 15 | are applying for the scholarship and waiver. high school | ||||||
| 16 | equivalency Scholarships and fee waivers shall be available to | ||||||
| 17 | students for at least 5 years, provided they are continuing to | ||||||
| 18 | work toward graduation. Unused scholarship dollars and fee | ||||||
| 19 | waivers shall be reallocated to new recipients. No later than | ||||||
| 20 | January 1, 2015, the Department shall promulgate rules | ||||||
| 21 | identifying the criteria for "continuing to work toward | ||||||
| 22 | graduation", and for reallocating unused scholarships and fee | ||||||
| 23 | waivers. Selection shall be made on the
basis of several | ||||||
| 24 | factors, including, but not limited to, scholastic record, | ||||||
| 25 | aptitude, and general interest in higher
education. The | ||||||
| 26 | selection committee shall include at least 2 individuals | ||||||
| |||||||
| |||||||
| 1 | formerly under the care of the Department who have completed | ||||||
| 2 | their post-secondary education. In accordance with this Act, | ||||||
| 3 | tuition scholarships and fee waivers
shall be available to such | ||||||
| 4 | students at any university or college maintained by
the State | ||||||
| 5 | of Illinois. The Department shall provide maintenance and | ||||||
| 6 | school
expenses, except tuition and fees, during the academic | ||||||
| 7 | years to supplement
the students' earnings or other resources | ||||||
| 8 | so long as they consistently
maintain scholastic records which | ||||||
| 9 | are acceptable to their schools and to
the Department. Students | ||||||
| 10 | may attend other colleges and universities, if
scholarships are | ||||||
| 11 | awarded them, and receive the same benefits for maintenance
and | ||||||
| 12 | other expenses as those students attending any Illinois State | ||||||
| 13 | community
college, university, or college under this Section. | ||||||
| 14 | Beginning with recipients receiving scholarships and waivers | ||||||
| 15 | in August 2014, the Department shall collect data and report | ||||||
| 16 | annually to the General Assembly on measures of success, | ||||||
| 17 | including (i) the number of youth applying for and receiving | ||||||
| 18 | scholarships, (ii) the percentage of scholarship recipients | ||||||
| 19 | who complete their college or university degree within 5 years, | ||||||
| 20 | (iii) the average length of time it takes for scholarship | ||||||
| 21 | recipients to complete their college or university degree, (iv) | ||||||
| 22 | the reasons that scholarship recipients are discharged or fail | ||||||
| 23 | to complete their college or university degree, (v) when | ||||||
| 24 | available, youths' outcomes 5 years and 10 years after being | ||||||
| 25 | awarded the scholarships, and (vi) budget allocations for | ||||||
| 26 | maintenance and school expenses incurred by the Department.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15; | ||||||
| 2 | 98-805, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 3 | Section 70. The High Speed Internet Services and | ||||||
| 4 | Information Technology Act is amended by changing Section 30 as | ||||||
| 5 | follows:
| ||||||
| 6 | (20 ILCS 661/30)
| ||||||
| 7 | Sec. 30. High Speed Internet Services and Information | ||||||
| 8 | Technology Fund. | ||||||
| 9 | (a) There is created in the State treasury a special fund | ||||||
| 10 | to be known as the High Speed Internet Services and Information | ||||||
| 11 | Technology Fund, to be used, subject to appropriation, by the | ||||||
| 12 | Department of Commerce and Economic Opportunity Development | ||||||
| 13 | for purposes of providing grants to the nonprofit organization | ||||||
| 14 | enlisted under this Act. | ||||||
| 15 | (b) On the effective date of this Act, $4,000,000 in the | ||||||
| 16 | Digital Divide Elimination Infrastructure Fund shall be | ||||||
| 17 | transferred to the High Speed Internet Services and Information | ||||||
| 18 | Technology Fund. Nothing contained in this subsection (b) shall | ||||||
| 19 | affect the validity of grants issued with moneys from the | ||||||
| 20 | Digital Divide Elimination Infrastructure Fund before June 30, | ||||||
| 21 | 2007.
| ||||||
| 22 | (Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.)
| ||||||
| 23 | Section 75. The Department of Human Services Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Section 10-66 as follows:
| ||||||
| 2 | (20 ILCS 1305/10-66) | ||||||
| 3 | Sec. 10-66. Rate reductions. Rates for medical services | ||||||
| 4 | purchased by the Divisions of Alcoholism Alcohol and Substance | ||||||
| 5 | Abuse, Community Health and Prevention, Developmental | ||||||
| 6 | Disabilities, Mental Health, or Rehabilitation Services within | ||||||
| 7 | the Department of Human Services shall not be reduced below the | ||||||
| 8 | rates calculated on April 1, 2011 unless the Department of | ||||||
| 9 | Human Services promulgates rules and rules are implemented | ||||||
| 10 | authorizing rate reductions.
| ||||||
| 11 | (Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.)
| ||||||
| 12 | Section 80. The Mental Health and Developmental | ||||||
| 13 | Disabilities Administrative Act is amended by changing | ||||||
| 14 | Sections 15.4 and 18.6 as follows:
| ||||||
| 15 | (20 ILCS 1705/15.4)
| ||||||
| 16 | Sec. 15.4. Authorization for nursing delegation to permit | ||||||
| 17 | direct care
staff to
administer medications. | ||||||
| 18 | (a) This Section applies to (i) all programs for persons
| ||||||
| 19 | with a
developmental disability in settings of 16 persons or | ||||||
| 20 | fewer that are funded or
licensed by the Department of Human
| ||||||
| 21 | Services and that distribute or administer medications and (ii) | ||||||
| 22 | all
intermediate care
facilities for the developmentally | ||||||
| 23 | disabled with 16 beds or fewer that are
licensed by the
| ||||||
| |||||||
| |||||||
| 1 | Department of Public Health. The Department of Human Services | ||||||
| 2 | shall develop a
training program for authorized direct care | ||||||
| 3 | staff to administer
medications under the
supervision and | ||||||
| 4 | monitoring of a registered professional nurse.
This training | ||||||
| 5 | program shall be developed in consultation with professional
| ||||||
| 6 | associations representing (i) physicians licensed to practice | ||||||
| 7 | medicine in all
its branches, (ii) registered professional | ||||||
| 8 | nurses, and (iii) pharmacists.
| ||||||
| 9 | (b) For the purposes of this Section:
| ||||||
| 10 | "Authorized direct care staff" means non-licensed persons | ||||||
| 11 | who have
successfully completed a medication administration | ||||||
| 12 | training program
approved by the Department of Human Services | ||||||
| 13 | and conducted by a nurse-trainer.
This authorization is | ||||||
| 14 | specific to an individual receiving service in
a
specific | ||||||
| 15 | agency and does not transfer to another agency.
| ||||||
| 16 | "Medications" means oral and topical medications, insulin | ||||||
| 17 | in an injectable form, oxygen, epinephrine auto-injectors, and | ||||||
| 18 | vaginal and rectal creams and suppositories. "Oral" includes | ||||||
| 19 | inhalants and medications administered through enteral tubes, | ||||||
| 20 | utilizing aseptic technique. "Topical" includes eye, ear, and | ||||||
| 21 | nasal medications. Any controlled substances must be packaged | ||||||
| 22 | specifically for an identified individual. | ||||||
| 23 | "Insulin in an injectable form" means a subcutaneous | ||||||
| 24 | injection via an insulin pen pre-filled by the manufacturer. | ||||||
| 25 | Authorized direct care staff may administer insulin, as ordered | ||||||
| 26 | by a physician, advanced practice nurse, or physician | ||||||
| |||||||
| |||||||
| 1 | assistant, if: (i) the staff has successfully completed a | ||||||
| 2 | Department-approved advanced training program specific to | ||||||
| 3 | insulin administration developed in consultation with | ||||||
| 4 | professional associations listed in subsection (a) of this | ||||||
| 5 | Section, and (ii) the staff consults with the registered nurse, | ||||||
| 6 | prior to administration, of any insulin dose that is determined | ||||||
| 7 | based on a blood glucose test result. The authorized direct | ||||||
| 8 | care staff shall not: (i) calculate the insulin dosage needed | ||||||
| 9 | when the dose is dependent upon a blood glucose test result, or | ||||||
| 10 | (ii) administer insulin to individuals who require blood | ||||||
| 11 | glucose monitoring greater than 3 times daily, unless directed | ||||||
| 12 | to do so by the registered nurse. | ||||||
| 13 | "Nurse-trainer training program" means a standardized, | ||||||
| 14 | competency-based
medication administration train-the-trainer | ||||||
| 15 | program provided by the
Department of Human Services and | ||||||
| 16 | conducted by a Department of Human
Services master | ||||||
| 17 | nurse-trainer for the purpose of training nurse-trainers to
| ||||||
| 18 | train persons employed or under contract to provide direct care | ||||||
| 19 | or
treatment to individuals receiving services to administer
| ||||||
| 20 | medications and provide self-administration of medication | ||||||
| 21 | training to
individuals under the supervision and monitoring of | ||||||
| 22 | the nurse-trainer. The
program incorporates adult learning | ||||||
| 23 | styles, teaching strategies, classroom
management, and a | ||||||
| 24 | curriculum overview, including the ethical and legal
aspects of | ||||||
| 25 | supervising those administering medications.
| ||||||
| 26 | "Self-administration of medications" means an individual | ||||||
| |||||||
| |||||||
| 1 | administers
his or her own medications. To be considered | ||||||
| 2 | capable to self-administer
their own medication, individuals | ||||||
| 3 | must, at a minimum, be able to identify
their medication by | ||||||
| 4 | size, shape, or color, know when they should take
the | ||||||
| 5 | medication, and know the amount of medication to be taken each | ||||||
| 6 | time.
| ||||||
| 7 | "Training program" means a standardized medication | ||||||
| 8 | administration
training program approved by the Department of | ||||||
| 9 | Human Services and
conducted by a registered professional nurse | ||||||
| 10 | for the purpose of training
persons employed or under contract | ||||||
| 11 | to provide direct care or treatment to
individuals receiving | ||||||
| 12 | services to administer medications
and provide | ||||||
| 13 | self-administration of medication training to individuals | ||||||
| 14 | under
the delegation and supervision of a nurse-trainer. The | ||||||
| 15 | program incorporates
adult learning styles, teaching | ||||||
| 16 | strategies, classroom management,
curriculum overview, | ||||||
| 17 | including ethical-legal aspects, and standardized
| ||||||
| 18 | competency-based evaluations on administration of medications | ||||||
| 19 | and
self-administration of medication training programs.
| ||||||
| 20 | (c) Training and authorization of non-licensed direct care | ||||||
| 21 | staff by
nurse-trainers must meet the requirements of this | ||||||
| 22 | subsection.
| ||||||
| 23 | (1) Prior to training non-licensed direct care staff to | ||||||
| 24 | administer
medication, the nurse-trainer shall perform the | ||||||
| 25 | following for each
individual to whom medication will be | ||||||
| 26 | administered by non-licensed
direct care staff:
| ||||||
| |||||||
| |||||||
| 1 | (A) An assessment of the individual's health | ||||||
| 2 | history and
physical and mental status.
| ||||||
| 3 | (B) An evaluation of the medications prescribed.
| ||||||
| 4 | (2) Non-licensed authorized direct care staff shall | ||||||
| 5 | meet the
following criteria:
| ||||||
| 6 | (A) Be 18 years of age or older.
| ||||||
| 7 | (B) Have completed high school or have a high | ||||||
| 8 | school equivalency certificate.
| ||||||
| 9 | (C) Have demonstrated functional literacy.
| ||||||
| 10 | (D) Have satisfactorily completed the Health and | ||||||
| 11 | Safety
component of a Department of Human Services | ||||||
| 12 | authorized
direct care staff training program.
| ||||||
| 13 | (E) Have successfully completed the training | ||||||
| 14 | program,
pass the written portion of the comprehensive | ||||||
| 15 | exam, and score
100% on the competency-based | ||||||
| 16 | assessment specific to the
individual and his or her | ||||||
| 17 | medications.
| ||||||
| 18 | (F) Have received additional competency-based | ||||||
| 19 | assessment
by the nurse-trainer as deemed necessary by | ||||||
| 20 | the nurse-trainer
whenever a change of medication | ||||||
| 21 | occurs or a new individual
that requires medication | ||||||
| 22 | administration enters the program.
| ||||||
| 23 | (3) Authorized direct care staff shall be re-evaluated | ||||||
| 24 | by a
nurse-trainer at least annually or more frequently at | ||||||
| 25 | the discretion of
the registered professional nurse. Any | ||||||
| 26 | necessary retraining shall be
to the extent that is | ||||||
| |||||||
| |||||||
| 1 | necessary to ensure competency of the authorized
direct | ||||||
| 2 | care staff to administer medication.
| ||||||
| 3 | (4) Authorization of direct care staff to administer | ||||||
| 4 | medication
shall be revoked if, in the opinion of the | ||||||
| 5 | registered professional nurse,
the authorized direct care | ||||||
| 6 | staff is no longer competent to administer
medication.
| ||||||
| 7 | (5) The registered professional nurse shall assess an
| ||||||
| 8 | individual's health status at least annually or more | ||||||
| 9 | frequently at the
discretion of the registered | ||||||
| 10 | professional nurse.
| ||||||
| 11 | (d) Medication self-administration shall meet the | ||||||
| 12 | following
requirements:
| ||||||
| 13 | (1) As part of the normalization process, in order for | ||||||
| 14 | each
individual to attain the highest possible level of | ||||||
| 15 | independent
functioning, all individuals shall be | ||||||
| 16 | permitted to participate in their
total health care | ||||||
| 17 | program. This program shall include, but not be
limited to, | ||||||
| 18 | individual training in preventive health and | ||||||
| 19 | self-medication
procedures.
| ||||||
| 20 | (A) Every program shall adopt written policies and
| ||||||
| 21 | procedures for assisting individuals in obtaining | ||||||
| 22 | preventative
health and self-medication skills in | ||||||
| 23 | consultation with a
registered professional nurse, | ||||||
| 24 | advanced practice nurse,
physician assistant, or | ||||||
| 25 | physician licensed to practice medicine
in all its | ||||||
| 26 | branches.
| ||||||
| |||||||
| |||||||
| 1 | (B) Individuals shall be evaluated to determine | ||||||
| 2 | their
ability to self-medicate by the nurse-trainer | ||||||
| 3 | through the use of
the Department's required, | ||||||
| 4 | standardized screening and assessment
instruments.
| ||||||
| 5 | (C) When the results of the screening and | ||||||
| 6 | assessment
indicate an individual not to be capable to | ||||||
| 7 | self-administer his or her
own medications, programs | ||||||
| 8 | shall be developed in consultation
with the Community | ||||||
| 9 | Support Team or Interdisciplinary
Team to provide | ||||||
| 10 | individuals with self-medication
administration.
| ||||||
| 11 | (2) Each individual shall be presumed to be competent | ||||||
| 12 | to self-administer
medications if:
| ||||||
| 13 | (A) authorized by an order of a physician licensed | ||||||
| 14 | to
practice medicine in all its branches; and
| ||||||
| 15 | (B) approved to self-administer medication by the
| ||||||
| 16 | individual's Community Support Team or
| ||||||
| 17 | Interdisciplinary Team, which includes a registered
| ||||||
| 18 | professional nurse or an advanced practice nurse.
| ||||||
| 19 | (e) Quality Assurance.
| ||||||
| 20 | (1) A registered professional nurse, advanced practice | ||||||
| 21 | nurse,
licensed practical nurse, physician licensed to | ||||||
| 22 | practice medicine in all
its branches, physician | ||||||
| 23 | assistant, or pharmacist shall review the
following for all | ||||||
| 24 | individuals:
| ||||||
| 25 | (A) Medication orders.
| ||||||
| 26 | (B) Medication labels, including medications | ||||||
| |||||||
| |||||||
| 1 | listed on
the medication administration record for | ||||||
| 2 | persons who are not
self-medicating to ensure the | ||||||
| 3 | labels match the orders issued by
the physician | ||||||
| 4 | licensed to practice medicine in all its branches,
| ||||||
| 5 | advanced practice nurse, or physician assistant.
| ||||||
| 6 | (C) Medication administration records for persons | ||||||
| 7 | who
are not self-medicating to ensure that the records | ||||||
| 8 | are completed
appropriately for:
| ||||||
| 9 | (i) medication administered as prescribed;
| ||||||
| 10 | (ii) refusal by the individual; and
| ||||||
| 11 | (iii) full signatures provided for all | ||||||
| 12 | initials used.
| ||||||
| 13 | (2) Reviews shall occur at least quarterly, but may be | ||||||
| 14 | done
more frequently at the discretion of the registered | ||||||
| 15 | professional nurse
or advanced practice nurse.
| ||||||
| 16 | (3) A quality assurance review of medication errors and | ||||||
| 17 | data
collection for the purpose of monitoring and | ||||||
| 18 | recommending
corrective action shall be conducted within 7 | ||||||
| 19 | days and included in the
required annual review.
| ||||||
| 20 | (f) Programs using authorized direct care
staff to | ||||||
| 21 | administer medications are responsible for documenting and | ||||||
| 22 | maintaining
records
on the training that is completed.
| ||||||
| 23 | (g) The absence of this training program constitutes a | ||||||
| 24 | threat to the
public interest,
safety, and welfare and | ||||||
| 25 | necessitates emergency rulemaking by
the Departments of Human | ||||||
| 26 | Services and
Public Health
under Section 5-45
of
the
Illinois | ||||||
| |||||||
| |||||||
| 1 | Administrative Procedure Act.
| ||||||
| 2 | (h) Direct care staff who fail to qualify for delegated | ||||||
| 3 | authority to
administer medications pursuant to the provisions | ||||||
| 4 | of this Section shall be
given
additional education and testing | ||||||
| 5 | to meet criteria for
delegation authority to administer | ||||||
| 6 | medications.
Any direct care staff person who fails to qualify | ||||||
| 7 | as an authorized direct care
staff
after initial training and | ||||||
| 8 | testing must within 3 months be given another
opportunity for | ||||||
| 9 | retraining and retesting. A direct care staff person who fails
| ||||||
| 10 | to
meet criteria for delegated authority to administer | ||||||
| 11 | medication, including, but
not limited to, failure of the | ||||||
| 12 | written test on 2 occasions shall be given
consideration for | ||||||
| 13 | shift transfer or reassignment, if possible. No employee
shall | ||||||
| 14 | be terminated for failure to qualify during the 3-month time | ||||||
| 15 | period
following initial testing. Refusal to complete training | ||||||
| 16 | and testing required
by this Section may be grounds for | ||||||
| 17 | immediate dismissal.
| ||||||
| 18 | (i) No authorized direct care staff person delegated to | ||||||
| 19 | administer
medication shall be subject to suspension or | ||||||
| 20 | discharge for errors
resulting from the staff
person's acts or | ||||||
| 21 | omissions when performing the functions unless the staff
| ||||||
| 22 | person's actions or omissions constitute willful and wanton | ||||||
| 23 | conduct.
Nothing in this subsection is intended to supersede | ||||||
| 24 | paragraph (4) of subsection
(c).
| ||||||
| 25 | (j) A registered professional nurse, advanced practice | ||||||
| 26 | nurse,
physician licensed to practice medicine in all its | ||||||
| |||||||
| |||||||
| 1 | branches, or physician
assistant shall be on
duty or
on call at | ||||||
| 2 | all times in any program covered by this Section.
| ||||||
| 3 | (k) The employer shall be responsible for maintaining | ||||||
| 4 | liability insurance
for any program covered by this Section.
| ||||||
| 5 | (l) Any direct care staff person who qualifies as | ||||||
| 6 | authorized direct care
staff pursuant to this Section shall be | ||||||
| 7 | granted consideration for a one-time
additional
salary | ||||||
| 8 | differential. The Department shall determine and provide the | ||||||
| 9 | necessary
funding for
the differential in the base. This | ||||||
| 10 | subsection (l) is inoperative on and after
June 30, 2000.
| ||||||
| 11 | (Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14; | ||||||
| 12 | revised 10-2-14.)
| ||||||
| 13 | (20 ILCS 1705/18.6) | ||||||
| 14 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 15 | Sec. 18.6. Mental Health Services Strategic Planning Task | ||||||
| 16 | Force. | ||||||
| 17 | (a) Task Force. The Mental Health Services Strategic | ||||||
| 18 | Planning Task Force is created. | ||||||
| 19 | (b) Meeting. The Task Force shall be appointed and hold its | ||||||
| 20 | first meeting within 90 days after the effective date of this | ||||||
| 21 | amendatory Act of the 97th General Assembly. | ||||||
| 22 | (c) Composition. The Task Force shall be comprised of the | ||||||
| 23 | following members: | ||||||
| 24 | (1) Two members of the Senate appointed by the | ||||||
| 25 | President of the Senate and 2 members of the Senate | ||||||
| |||||||
| |||||||
| 1 | appointed by the Minority Leader of the Senate. | ||||||
| 2 | (2) Two members of the House of Representatives | ||||||
| 3 | appointed by the Speaker of the House of Representatives | ||||||
| 4 | and 2 members of the House of Representatives appointed by | ||||||
| 5 | the Minority Leader of the House of Representatives. | ||||||
| 6 | (3) One representative of the Division of Mental Health | ||||||
| 7 | within the Department of Human Services. | ||||||
| 8 | (4) One representative of the Department of Healthcare | ||||||
| 9 | and Family Services. | ||||||
| 10 | (5) One representative of the Bureau of Long Term Care | ||||||
| 11 | within the Department of Public Health. | ||||||
| 12 | (6) One representative of the Illinois Children's | ||||||
| 13 | Mental Health Partnership. | ||||||
| 14 | (7) Six representatives of the mental health providers | ||||||
| 15 | and community stakeholders selected from names submitted | ||||||
| 16 | by associates representing the various types of providers. | ||||||
| 17 | (8) Three representatives of the consumer community | ||||||
| 18 | including a primary consumer, secondary consumer, and a | ||||||
| 19 | representative of a mental health consumer advocacy | ||||||
| 20 | organization. | ||||||
| 21 | (9) An individual from a union representing State | ||||||
| 22 | employees providing services to persons with mental | ||||||
| 23 | illness. | ||||||
| 24 | (10) One academic specialist in mental health | ||||||
| 25 | outcomes, research, and evidence-based practices. | ||||||
| 26 | (d) Duty. The Task Force shall meet with the Office of the | ||||||
| |||||||
| |||||||
| 1 | Governor and the appropriate legislative committees on mental | ||||||
| 2 | health to develop a 5-year comprehensive strategic plan for the | ||||||
| 3 | State's mental health services. The plan shall address the | ||||||
| 4 | following topics: | ||||||
| 5 | (1) Provide sufficient home and community-based | ||||||
| 6 | services to give consumers real options in care settings. | ||||||
| 7 | (2) Improve access to care. | ||||||
| 8 | (3) Reduce regulatory redundancy. | ||||||
| 9 | (4) Maintain financial viability for providers in a | ||||||
| 10 | cost-effective manner to the State. | ||||||
| 11 | (5) Ensure care is effective, efficient, and | ||||||
| 12 | appropriate regardless of the setting in which it is | ||||||
| 13 | provided. | ||||||
| 14 | (6) Ensure quality of care in all care settings via the | ||||||
| 15 | use of appropriate clinical outcomes. | ||||||
| 16 | (7) Ensure hospitalizations and institutional care, | ||||||
| 17 | when necessary, is available to meet demand now and in the | ||||||
| 18 | future. | ||||||
| 19 | (e) The Task Force shall work in conjunction with the | ||||||
| 20 | Department of Human Services' Division of Developmental | ||||||
| 21 | Disabilities to ensure effective treatment for those dually | ||||||
| 22 | diagnosed with both mental illness and developmental | ||||||
| 23 | disabilities. The Task Force shall also work in conjunction | ||||||
| 24 | with the Department of Human Services' Division of Alcoholism | ||||||
| 25 | Alcohol and Substance Abuse to ensure effective treatment for | ||||||
| 26 | those who are dually diagnosed with both mental illness as well | ||||||
| |||||||
| |||||||
| 1 | as substance abuse challenges. | ||||||
| 2 | (f) Compensation. Members of the Task Force shall not | ||||||
| 3 | receive compensation nor reimbursement for necessary expenses | ||||||
| 4 | incurred in performing the duties associated with the Task | ||||||
| 5 | Force. | ||||||
| 6 | (g) Reporting. The Task Force shall present its plan to the | ||||||
| 7 | Governor and the General Assembly no later than 18 months after | ||||||
| 8 | the effective date of the amendatory Act of the 97th General | ||||||
| 9 | Assembly. With its approval and authorization, and subject to | ||||||
| 10 | appropriation, the Task Force shall convene quarterly meetings | ||||||
| 11 | during the implementation of the 5-year strategic plan to | ||||||
| 12 | monitor progress, review outcomes, and make ongoing | ||||||
| 13 | recommendations. These ongoing recommendations shall be | ||||||
| 14 | presented to the Governor and the General Assembly for | ||||||
| 15 | feedback, suggestions, support, and approval. Within one year | ||||||
| 16 | after recommendations are presented to the Governor and the | ||||||
| 17 | General Assembly, the General Assembly shall vote on whether | ||||||
| 18 | the recommendations should become law. | ||||||
| 19 | (h) Administrative support. The Department of Human | ||||||
| 20 | Services shall provide administrative and staff support to the | ||||||
| 21 | Task Force. | ||||||
| 22 | (i) This Section is repealed on December 31, 2019.
| ||||||
| 23 | (Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.)
| ||||||
| 24 | Section 85. The Department of Public Health Act is amended | ||||||
| 25 | by changing Section 2.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2305/2.1) | ||||||
| 2 | Sec. 2.1. Information sharing. | ||||||
| 3 | (a) Whenever a State or local law enforcement authority | ||||||
| 4 | learns of a case of an illness, health condition, or unusual | ||||||
| 5 | disease or symptom cluster, reportable pursuant to rules | ||||||
| 6 | adopted by the Department or by a local board of health or | ||||||
| 7 | local public health authority, or a suspicious event that may | ||||||
| 8 | be the cause of or related to a public health emergency, as | ||||||
| 9 | that term is defined in Section 4 of the Illinois Emergency | ||||||
| 10 | Management Agency Act, it shall immediately notify the Illinois | ||||||
| 11 | Emergency Management Agency and the Department or local board | ||||||
| 12 | of health or local public health authority. | ||||||
| 13 | (b) Whenever the Department or a local board of health or | ||||||
| 14 | local public health authority learns of a case of an illness, | ||||||
| 15 | health condition, or unusual disease or symptom cluster, | ||||||
| 16 | reportable pursuant to rules adopted by the Department or by a | ||||||
| 17 | local board of health or a local public health authority, or a | ||||||
| 18 | suspicious event that it reasonably believes has the potential | ||||||
| 19 | to be the cause of or related to a public health emergency, as | ||||||
| 20 | that term is defined in Section 4 of the Illinois Emergency | ||||||
| 21 | Management Agency Act, it shall immediately notify the Illinois | ||||||
| 22 | Emergency Management Agency, the appropriate State and local | ||||||
| 23 | law enforcement authorities, other appropriate State agencies, | ||||||
| 24 | and federal health and law enforcement authorities and, after | ||||||
| 25 | that notification, it shall provide law enforcement | ||||||
| |||||||
| |||||||
| 1 | authorities with such other information as law enforcement | ||||||
| 2 | authorities may request for the purpose of conducting a | ||||||
| 3 | criminal investigation or a criminal prosecution of or arising | ||||||
| 4 | out of that matter. No information containing the identity or | ||||||
| 5 | tending to reveal the identity of any person may be redisclosed | ||||||
| 6 | by law enforcement, except in a prosecution of that person for | ||||||
| 7 | the commission of a crime.
| ||||||
| 8 | (c) Sharing of information on reportable illnesses, health | ||||||
| 9 | conditions, unusual disease or symptom clusters, or suspicious | ||||||
| 10 | events between and among public health and law enforcement | ||||||
| 11 | authorities shall be restricted to the information necessary | ||||||
| 12 | for the treatment in response to, control of, investigation of, | ||||||
| 13 | and prevention of a public health emergency, as that term is | ||||||
| 14 | defined in Section 4 of the Illinois Emergency Management | ||||||
| 15 | Agency Act, or for criminal investigation or criminal | ||||||
| 16 | prosecution of or arising out of that matter.
| ||||||
| 17 | (d) The operation of the language of this Section is not | ||||||
| 18 | dependent upon a declaration of disaster by the Governor | ||||||
| 19 | pursuant to the Illinois Emergency Management Agency Act.
| ||||||
| 20 | (Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.)
| ||||||
| 21 | Section 90. The Illinois Commission on Volunteerism and | ||||||
| 22 | Community Service Act is amended by changing Section 6.1 as | ||||||
| 23 | follows:
| ||||||
| 24 | (20 ILCS 2330/6.1)
(was 20 ILCS 710/6.1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 6.1. Functions of Commission. The Commission shall | ||||||
| 2 | meet at least
quarterly and shall advise and consult with the | ||||||
| 3 | Department of Public Health and the Governor's Office on all | ||||||
| 4 | matters relating to community service in Illinois. In
addition, | ||||||
| 5 | the Commission shall have the following duties:
| ||||||
| 6 | (a) prepare a 3-year State
service plan, developed | ||||||
| 7 | through an open,
public process and updated annually;
| ||||||
| 8 | (b) prepare the financial assistance applications of | ||||||
| 9 | the State under
the National and Community Service Trust | ||||||
| 10 | Fund Act of 1993, as amended by the Serve America Act;
| ||||||
| 11 | (c) assist in the preparation of the application by the | ||||||
| 12 | State Board of
Education for assistance under that Act;
| ||||||
| 13 | (d) prepare the State's application under that Act for | ||||||
| 14 | the approval of
national service positions;
| ||||||
| 15 | (e) assist in the provision of health care and child | ||||||
| 16 | care benefits under
that Act;
| ||||||
| 17 | (f) develop a State recruitment, placement, and | ||||||
| 18 | information dissemination
system for participants in | ||||||
| 19 | programs that receive assistance under the national
| ||||||
| 20 | service laws;
| ||||||
| 21 | (g) administer the State's grant program including | ||||||
| 22 | selection, oversight, and
evaluation of grant recipients;
| ||||||
| 23 | (h) make technical assistance available to enable | ||||||
| 24 | applicants to plan and
implement service programs and to | ||||||
| 25 | apply for assistance under the national
service laws;
| ||||||
| 26 | (i) develop projects, training methods, curriculum | ||||||
| |||||||
| |||||||
| 1 | materials, and other
activities related to service;
| ||||||
| 2 | (j) coordinate its functions with any division of the | ||||||
| 3 | federal
Corporation for National and Community Service | ||||||
| 4 | outlined in the
National and Community Service Trust Fund | ||||||
| 5 | Act of 1993, as amended by the Serve America Act; .
| ||||||
| 6 | (k) publicize Commission services and promote | ||||||
| 7 | community
involvement in the
activities of the Commission;
| ||||||
| 8 | (l) promote increased visibility and support for | ||||||
| 9 | volunteers of all ages,
especially youth and senior | ||||||
| 10 | citizens,
and community
service in meeting the needs of | ||||||
| 11 | Illinois residents; and
| ||||||
| 12 | (m) represent the Department of Public Health and the | ||||||
| 13 | Governor's Office on such occasions and in such manner as
| ||||||
| 14 | the Department may provide.
| ||||||
| 15 | (Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)
| ||||||
| 16 | Section 95. The Blind Vendors Act is amended by changing | ||||||
| 17 | Section 30 as follows:
| ||||||
| 18 | (20 ILCS 2421/30)
| ||||||
| 19 | Sec. 30. Vending machine income and compliance. | ||||||
| 20 | (a) Except as provided in subsections (b), (c), (d), (e), | ||||||
| 21 | and (i) of this Section, after July 1, 2010, all vending | ||||||
| 22 | machine income, as defined by this Act, from vending machines | ||||||
| 23 | on State property shall accrue to (1) the blind vendor | ||||||
| 24 | operating the vending facilities on the property or (2) in the | ||||||
| |||||||
| |||||||
| 1 | event there is no blind vendor operating a facility on the | ||||||
| 2 | property, the Blind Vendors Trust Fund for use exclusively as | ||||||
| 3 | set forth in subsection (a) of Section 25 of this Act. | ||||||
| 4 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
| 5 | this Section, all State university cafeterias and vending | ||||||
| 6 | machines are exempt from this Act. | ||||||
| 7 | (c) Notwithstanding the provisions of subsection (a) of | ||||||
| 8 | this Section, all vending facilities at the Governor Samuel H. | ||||||
| 9 | Shapiro Developmental Center in Kankakee are exempt from this | ||||||
| 10 | Act. | ||||||
| 11 | (d) Notwithstanding the provisions of subsection (a) of | ||||||
| 12 | this Section, in
the event there is no blind vendor operating a | ||||||
| 13 | vending facility on the
State property, all vending machine | ||||||
| 14 | income, as defined in this Act, from
vending machines on the | ||||||
| 15 | State property of the Department of Corrections
and the | ||||||
| 16 | Department of Juvenile Justice shall accrue to the State agency
| ||||||
| 17 | and be allocated in accordance with the commissary provisions | ||||||
| 18 | in the Unified Code of Corrections. | ||||||
| 19 | (e) Notwithstanding the provisions of subsection (a) of | ||||||
| 20 | this Section, in the event a blind vendor is operating a | ||||||
| 21 | vending facility on
the State property of the Department of or | ||||||
| 22 | Corrections or the Department of
Juvenile Justice, a commission | ||||||
| 23 | shall be paid to the State agency equal to
10% of the net | ||||||
| 24 | proceeds from vending machines servicing State employees
and | ||||||
| 25 | 25% of the net proceeds from vending machines servicing | ||||||
| 26 | visitors on
the State property. | ||||||
| |||||||
| |||||||
| 1 | (f) The Secretary, directly or by delegation of authority, | ||||||
| 2 | shall ensure compliance with this Section and Section 15 of | ||||||
| 3 | this Act with respect to buildings, installations, facilities, | ||||||
| 4 | roadside rest stops, and any other State property, and shall be | ||||||
| 5 | responsible for the collection of, and accounting for, all | ||||||
| 6 | vending machine income on this property. The Secretary shall | ||||||
| 7 | enforce these provisions through litigation, arbitration, or | ||||||
| 8 | any other legal means available to the State, and each State | ||||||
| 9 | agency in control of this property shall be subject to the | ||||||
| 10 | enforcement. State agencies or departments failing to comply | ||||||
| 11 | with an order of the Department may be held in contempt in any | ||||||
| 12 | court of general jurisdiction. | ||||||
| 13 | (g) Any limitation on the placement or operation of a | ||||||
| 14 | vending machine by a State agency based on a determination that | ||||||
| 15 | such placement or operation would adversely affect the | ||||||
| 16 | interests of the State must be explained in writing to the | ||||||
| 17 | Secretary. The Secretary shall promptly determine whether the | ||||||
| 18 | limitation is justified. If the Secretary determines that the | ||||||
| 19 | limitation is not justified, the State agency seeking the | ||||||
| 20 | limitation shall immediately remove the limitation. | ||||||
| 21 | (h) The amount of vending machine income accruing from | ||||||
| 22 | vending machines on State property that may be used for the | ||||||
| 23 | functions of the Committee shall be determined annually by a | ||||||
| 24 | two-thirds vote of the Committee, except that no more than 25% | ||||||
| 25 | of the annual vending machine income may be used by the | ||||||
| 26 | Committee for this purpose, based upon the income accruing to | ||||||
| |||||||
| |||||||
| 1 | the Blind Vendors Trust Fund in the preceding year. The | ||||||
| 2 | Committee may establish its budget and expend funds through | ||||||
| 3 | contract or otherwise without the approval of the Department. | ||||||
| 4 | (i) Notwithstanding the provisions of subsection (a) of | ||||||
| 5 | this Section, with respect to vending machines located on any | ||||||
| 6 | facility or property controlled or operated by the Division of | ||||||
| 7 | Mental Health or the Division of Developmental Disabilities | ||||||
| 8 | within the Department of Human Services: | ||||||
| 9 | (1) Any written contract in place as of the effective | ||||||
| 10 | date of this Act between the Division and the Business | ||||||
| 11 | Enterprise Program for the Blind shall be maintained and | ||||||
| 12 | fully adhered to including any moneys paid to the | ||||||
| 13 | individual facilities. | ||||||
| 14 | (2) With respect to existing vending machines with no | ||||||
| 15 | written contract or agreement in place as of the effective | ||||||
| 16 | date of this Act between the Division and a private vendor, | ||||||
| 17 | bottler, or vending machine supplier, the Business | ||||||
| 18 | Enterprise Program for the Blind has the right to provide | ||||||
| 19 | the vending services as provided in this Act, provided that | ||||||
| 20 | the blind vendor must provide 10% of gross sales from those | ||||||
| 21 | machines to the individual facilities.
| ||||||
| 22 | (Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.)
| ||||||
| 23 | Section 100. The Criminal Identification Act is amended by | ||||||
| 24 | changing Sections 4.5 and 5.2 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2630/4.5) | ||||||
| 2 | Sec. 4.5. Ethnic and racial data collection. | ||||||
| 3 | (a) Ethnic and racial data for every adult or juvenile | ||||||
| 4 | arrested shall be collected at the following points of contact | ||||||
| 5 | by the entity identified in this subsection or another entity | ||||||
| 6 | authorized and qualified to collect and report on this data: | ||||||
| 7 | (1) at arrest or booking, by the supervising law | ||||||
| 8 | enforcement agency; | ||||||
| 9 | (2) upon admittance to the Department of Corrections, | ||||||
| 10 | by the Department of Corrections; | ||||||
| 11 | (3) upon admittance to the Department of Juvenile | ||||||
| 12 | Justice, by the Department of Juvenile Justice; and | ||||||
| 13 | (4) (3) upon transfer from the Department of Juvenile | ||||||
| 14 | Justice to the Department of Corrections, by the Department | ||||||
| 15 | of Juvenile Justice. | ||||||
| 16 | (b) Ethnic and racial data shall be collected through | ||||||
| 17 | selection of one of the following categories: | ||||||
| 18 | (1) American Indian or Alaskan Native; | ||||||
| 19 | (2) Asian or Pacific Islander; | ||||||
| 20 | (3) Black or African American; | ||||||
| 21 | (4) White or Caucasian; | ||||||
| 22 | (5) Hispanic or Latino; or | ||||||
| 23 | (6) Unknown. | ||||||
| 24 | (c) The collecting entity shall make a good-faith effort to | ||||||
| 25 | collect race and ethnicity information as self-reported by the | ||||||
| 26 | adult or juvenile. If the adult or juvenile is unable or | ||||||
| |||||||
| |||||||
| 1 | unwilling to provide race and ethnicity information, the | ||||||
| 2 | collecting entity shall make a good-faith effort to deduce the | ||||||
| 3 | race and ethnicity of the adult or juvenile.
| ||||||
| 4 | (Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)
| ||||||
| 5 | (20 ILCS 2630/5.2)
| ||||||
| 6 | Sec. 5.2. Expungement and sealing. | ||||||
| 7 | (a) General Provisions. | ||||||
| 8 | (1) Definitions. In this Act, words and phrases have
| ||||||
| 9 | the meanings set forth in this subsection, except when a
| ||||||
| 10 | particular context clearly requires a different meaning. | ||||||
| 11 | (A) The following terms shall have the meanings | ||||||
| 12 | ascribed to them in the Unified Code of Corrections, | ||||||
| 13 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
| 14 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
| 15 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
| 16 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
| 17 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
| 18 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
| 19 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
| 20 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
| 21 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
| 22 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
| 23 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
| 24 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
| 25 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
| |||||||
| |||||||
| 1 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
| 2 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
| 3 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
| 4 | (B) As used in this Section, "charge not initiated | ||||||
| 5 | by arrest" means a charge (as defined by 730 ILCS | ||||||
| 6 | 5/5-1-3) brought against a defendant where the | ||||||
| 7 | defendant is not arrested prior to or as a direct | ||||||
| 8 | result of the charge. | ||||||
| 9 | (C) "Conviction" means a judgment of conviction or | ||||||
| 10 | sentence entered upon a plea of guilty or upon a | ||||||
| 11 | verdict or finding of guilty of an offense, rendered by | ||||||
| 12 | a legally constituted jury or by a court of competent | ||||||
| 13 | jurisdiction authorized to try the case without a jury. | ||||||
| 14 | An order of supervision successfully completed by the | ||||||
| 15 | petitioner is not a conviction. An order of qualified | ||||||
| 16 | probation (as defined in subsection (a)(1)(J)) | ||||||
| 17 | successfully completed by the petitioner is not a | ||||||
| 18 | conviction. An order of supervision or an order of | ||||||
| 19 | qualified probation that is terminated | ||||||
| 20 | unsatisfactorily is a conviction, unless the | ||||||
| 21 | unsatisfactory termination is reversed, vacated, or | ||||||
| 22 | modified and the judgment of conviction, if any, is | ||||||
| 23 | reversed or vacated. | ||||||
| 24 | (D) "Criminal offense" means a petty offense, | ||||||
| 25 | business offense, misdemeanor, felony, or municipal | ||||||
| 26 | ordinance violation (as defined in subsection | ||||||
| |||||||
| |||||||
| 1 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 2 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 3 | be considered a criminal offense. | ||||||
| 4 | (E) "Expunge" means to physically destroy the | ||||||
| 5 | records or return them to the petitioner and to | ||||||
| 6 | obliterate the petitioner's name from any official | ||||||
| 7 | index or public record, or both. Nothing in this Act | ||||||
| 8 | shall require the physical destruction of the circuit | ||||||
| 9 | court file, but such records relating to arrests or | ||||||
| 10 | charges, or both, ordered expunged shall be impounded | ||||||
| 11 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 12 | (d)(9)(B)(ii). | ||||||
| 13 | (F) As used in this Section, "last sentence" means | ||||||
| 14 | the sentence, order of supervision, or order of | ||||||
| 15 | qualified probation (as defined by subsection | ||||||
| 16 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 17 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 18 | any jurisdiction, regardless of whether the petitioner | ||||||
| 19 | has included the criminal offense for which the | ||||||
| 20 | sentence or order of supervision or qualified | ||||||
| 21 | probation was imposed in his or her petition. If | ||||||
| 22 | multiple sentences, orders of supervision, or orders | ||||||
| 23 | of qualified probation terminate on the same day and | ||||||
| 24 | are last in time, they shall be collectively considered | ||||||
| 25 | the "last sentence" regardless of whether they were | ||||||
| 26 | ordered to run concurrently. | ||||||
| |||||||
| |||||||
| 1 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 2 | business offense, or Class C misdemeanor under the | ||||||
| 3 | Illinois Vehicle Code or a similar provision of a | ||||||
| 4 | municipal or local ordinance. | ||||||
| 5 | (H) "Municipal ordinance violation" means an | ||||||
| 6 | offense defined by a municipal or local ordinance that | ||||||
| 7 | is criminal in nature and with which the petitioner was | ||||||
| 8 | charged or for which the petitioner was arrested and | ||||||
| 9 | released without charging. | ||||||
| 10 | (I) "Petitioner" means an adult or a minor | ||||||
| 11 | prosecuted as an
adult who has applied for relief under | ||||||
| 12 | this Section. | ||||||
| 13 | (J) "Qualified probation" means an order of | ||||||
| 14 | probation under Section 10 of the Cannabis Control Act, | ||||||
| 15 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 16 | Section 70 of the Methamphetamine Control and | ||||||
| 17 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 18 | of the Unified Code of Corrections, Section | ||||||
| 19 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 20 | those provisions existed before their deletion by | ||||||
| 21 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 22 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 23 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
| 24 | Dependency Act, or Section 10 of the Steroid Control | ||||||
| 25 | Act. For the purpose of this Section, "successful | ||||||
| 26 | completion" of an order of qualified probation under | ||||||
| |||||||
| |||||||
| 1 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
| 2 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
| 3 | and Other Drug Abuse and Dependency Act means that the | ||||||
| 4 | probation was terminated satisfactorily and the | ||||||
| 5 | judgment of conviction was vacated. | ||||||
| 6 | (K) "Seal" means to physically and electronically | ||||||
| 7 | maintain the records, unless the records would | ||||||
| 8 | otherwise be destroyed due to age, but to make the | ||||||
| 9 | records unavailable without a court order, subject to | ||||||
| 10 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| 11 | petitioner's name shall also be obliterated from the | ||||||
| 12 | official index required to be kept by the circuit court | ||||||
| 13 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
| 14 | any index issued by the circuit court clerk before the | ||||||
| 15 | entry of the order to seal shall not be affected. | ||||||
| 16 | (L) "Sexual offense committed against a minor" | ||||||
| 17 | includes but is
not limited to the offenses of indecent | ||||||
| 18 | solicitation of a child
or criminal sexual abuse when | ||||||
| 19 | the victim of such offense is
under 18 years of age. | ||||||
| 20 | (M) "Terminate" as it relates to a sentence or | ||||||
| 21 | order of supervision or qualified probation includes | ||||||
| 22 | either satisfactory or unsatisfactory termination of | ||||||
| 23 | the sentence, unless otherwise specified in this | ||||||
| 24 | Section. | ||||||
| 25 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
| 26 | convictions for minor traffic offenses shall not affect a | ||||||
| |||||||
| |||||||
| 1 | petitioner's eligibility to expunge or seal records | ||||||
| 2 | pursuant to this Section. | ||||||
| 3 | (3) Exclusions. Except as otherwise provided in | ||||||
| 4 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 5 | of this Section, the court shall not order: | ||||||
| 6 | (A) the sealing or expungement of the records of | ||||||
| 7 | arrests or charges not initiated by arrest that result | ||||||
| 8 | in an order of supervision for or conviction of:
(i) | ||||||
| 9 | any sexual offense committed against a
minor; (ii) | ||||||
| 10 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| 11 | similar provision of a local ordinance; or (iii) | ||||||
| 12 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 13 | similar provision of a local ordinance, unless the | ||||||
| 14 | arrest or charge is for a misdemeanor violation of | ||||||
| 15 | subsection (a) of Section 11-503 or a similar provision | ||||||
| 16 | of a local ordinance, that occurred prior to the | ||||||
| 17 | offender reaching the age of 25 years and the offender | ||||||
| 18 | has no other conviction for violating Section 11-501 or | ||||||
| 19 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
| 20 | provision of a local ordinance. | ||||||
| 21 | (B) the sealing or expungement of records of minor | ||||||
| 22 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 23 | unless the petitioner was arrested and released | ||||||
| 24 | without charging. | ||||||
| 25 | (C) the sealing of the records of arrests or | ||||||
| 26 | charges not initiated by arrest which result in an | ||||||
| |||||||
| |||||||
| 1 | order of supervision or a conviction for the following | ||||||
| 2 | offenses: | ||||||
| 3 | (i) offenses included in Article 11 of the | ||||||
| 4 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 5 | or a similar provision of a local ordinance, except | ||||||
| 6 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
| 7 | Criminal Code of 2012, or a similar provision of a | ||||||
| 8 | local ordinance; | ||||||
| 9 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| 10 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012, or a similar provision of a | ||||||
| 12 | local ordinance; | ||||||
| 13 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
| 14 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 15 | or Section 125 of the Stalking No Contact Order | ||||||
| 16 | Act, or Section 219 of the Civil No Contact Order | ||||||
| 17 | Act, or a similar provision of a local ordinance; | ||||||
| 18 | (iv) offenses which are Class A misdemeanors | ||||||
| 19 | under the Humane Care for Animals Act; or | ||||||
| 20 | (v) any offense or attempted offense that | ||||||
| 21 | would subject a person to registration under the | ||||||
| 22 | Sex Offender Registration Act. | ||||||
| 23 | (D) the sealing of the records of an arrest which | ||||||
| 24 | results in
the petitioner being charged with a felony | ||||||
| 25 | offense or records of a charge not initiated by arrest | ||||||
| 26 | for a felony offense unless: | ||||||
| |||||||
| |||||||
| 1 | (i) the charge is amended to a misdemeanor and | ||||||
| 2 | is otherwise
eligible to be sealed pursuant to | ||||||
| 3 | subsection (c); | ||||||
| 4 | (ii) the charge is brought along with another | ||||||
| 5 | charge as a part of one case and the charge results | ||||||
| 6 | in acquittal, dismissal, or conviction when the | ||||||
| 7 | conviction was reversed or vacated, and another | ||||||
| 8 | charge brought in the same case results in a | ||||||
| 9 | disposition for a misdemeanor offense that is | ||||||
| 10 | eligible to be sealed pursuant to subsection (c) or | ||||||
| 11 | a disposition listed in paragraph (i), (iii), or | ||||||
| 12 | (iv) of this subsection; | ||||||
| 13 | (iii) the charge results in first offender | ||||||
| 14 | probation as set forth in subsection (c)(2)(E); | ||||||
| 15 | (iv) the charge is for a felony offense listed | ||||||
| 16 | in subsection (c)(2)(F) or the charge is amended to | ||||||
| 17 | a felony offense listed in subsection (c)(2)(F); | ||||||
| 18 | (v) the charge results in acquittal, | ||||||
| 19 | dismissal, or the petitioner's release without | ||||||
| 20 | conviction; or | ||||||
| 21 | (vi) the charge results in a conviction, but | ||||||
| 22 | the conviction was reversed or vacated. | ||||||
| 23 | (b) Expungement. | ||||||
| 24 | (1) A petitioner may petition the circuit court to | ||||||
| 25 | expunge the
records of his or her arrests and charges not | ||||||
| 26 | initiated by arrest when: | ||||||
| |||||||
| |||||||
| 1 | (A) He or she has never been convicted of a | ||||||
| 2 | criminal offense; and | ||||||
| 3 | (B) Each arrest or charge not initiated by arrest
| ||||||
| 4 | sought to be expunged resulted in:
(i) acquittal, | ||||||
| 5 | dismissal, or the petitioner's release without | ||||||
| 6 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
| 7 | (ii) a conviction which was vacated or reversed, unless | ||||||
| 8 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
| 9 | supervision and such supervision was successfully | ||||||
| 10 | completed by the petitioner, unless excluded by | ||||||
| 11 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
| 12 | qualified probation (as defined in subsection | ||||||
| 13 | (a)(1)(J)) and such probation was successfully | ||||||
| 14 | completed by the petitioner. | ||||||
| 15 | (2) Time frame for filing a petition to expunge. | ||||||
| 16 | (A) When the arrest or charge not initiated by | ||||||
| 17 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 18 | dismissal, the petitioner's release without charging, | ||||||
| 19 | or the reversal or vacation of a conviction, there is | ||||||
| 20 | no waiting period to petition for the expungement of | ||||||
| 21 | such records. | ||||||
| 22 | (B) When the arrest or charge not initiated by | ||||||
| 23 | arrest
sought to be expunged resulted in an order of | ||||||
| 24 | supervision, successfully
completed by the petitioner, | ||||||
| 25 | the following time frames will apply: | ||||||
| 26 | (i) Those arrests or charges that resulted in | ||||||
| |||||||
| |||||||
| 1 | orders of
supervision under Section 3-707, 3-708, | ||||||
| 2 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
| 3 | similar provision of a local ordinance, or under | ||||||
| 4 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 5 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 6 | similar provision of a local ordinance, shall not | ||||||
| 7 | be eligible for expungement until 5 years have | ||||||
| 8 | passed following the satisfactory termination of | ||||||
| 9 | the supervision. | ||||||
| 10 | (i-5) Those arrests or charges that resulted | ||||||
| 11 | in orders of supervision for a misdemeanor | ||||||
| 12 | violation of subsection (a) of Section 11-503 of | ||||||
| 13 | the Illinois Vehicle Code or a similar provision of | ||||||
| 14 | a local ordinance, that occurred prior to the | ||||||
| 15 | offender reaching the age of 25 years and the | ||||||
| 16 | offender has no other conviction for violating | ||||||
| 17 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 18 | Code or a similar provision of a local ordinance | ||||||
| 19 | shall not be eligible for expungement until the | ||||||
| 20 | petitioner has reached the age of 25 years. | ||||||
| 21 | (ii) Those arrests or charges that resulted in | ||||||
| 22 | orders
of supervision for any other offenses shall | ||||||
| 23 | not be
eligible for expungement until 2 years have | ||||||
| 24 | passed
following the satisfactory termination of | ||||||
| 25 | the supervision. | ||||||
| 26 | (C) When the arrest or charge not initiated by | ||||||
| |||||||
| |||||||
| 1 | arrest sought to
be expunged resulted in an order of | ||||||
| 2 | qualified probation, successfully
completed by the | ||||||
| 3 | petitioner, such records shall not be eligible for
| ||||||
| 4 | expungement until 5 years have passed following the | ||||||
| 5 | satisfactory
termination of the probation. | ||||||
| 6 | (3) Those records maintained by the Department for
| ||||||
| 7 | persons arrested prior to their 17th birthday shall be
| ||||||
| 8 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
| 9 | Act of 1987. | ||||||
| 10 | (4) Whenever a person has been arrested for or | ||||||
| 11 | convicted of any
offense, in the name of a person whose | ||||||
| 12 | identity he or she has stolen or otherwise
come into | ||||||
| 13 | possession of, the aggrieved person from whom the identity
| ||||||
| 14 | was stolen or otherwise obtained without authorization,
| ||||||
| 15 | upon learning of the person having been arrested using his
| ||||||
| 16 | or her identity, may, upon verified petition to the chief | ||||||
| 17 | judge of
the circuit wherein the arrest was made, have a | ||||||
| 18 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
| 19 | correct the
arrest record, conviction record, if any, and | ||||||
| 20 | all official
records of the arresting authority, the | ||||||
| 21 | Department, other
criminal justice agencies, the | ||||||
| 22 | prosecutor, and the trial
court concerning such arrest, if | ||||||
| 23 | any, by removing his or her name
from all such records in | ||||||
| 24 | connection with the arrest and
conviction, if any, and by | ||||||
| 25 | inserting in the records the
name of the offender, if known | ||||||
| 26 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
| |||||||
| |||||||
| 1 | records of the circuit court clerk shall be sealed until | ||||||
| 2 | further order of
the court upon good cause shown and the | ||||||
| 3 | name of the
aggrieved person obliterated on the official | ||||||
| 4 | index
required to be kept by the circuit court clerk under
| ||||||
| 5 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
| 6 | not affect any index issued by the circuit court clerk
| ||||||
| 7 | before the entry of the order. Nothing in this Section
| ||||||
| 8 | shall limit the Department of State Police or other
| ||||||
| 9 | criminal justice agencies or prosecutors from listing
| ||||||
| 10 | under an offender's name the false names he or she has
| ||||||
| 11 | used. | ||||||
| 12 | (5) Whenever a person has been convicted of criminal
| ||||||
| 13 | sexual assault, aggravated criminal sexual assault,
| ||||||
| 14 | predatory criminal sexual assault of a child, criminal
| ||||||
| 15 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
| 16 | victim of that offense may request that the State's
| ||||||
| 17 | Attorney of the county in which the conviction occurred
| ||||||
| 18 | file a verified petition with the presiding trial judge at
| ||||||
| 19 | the petitioner's trial to have a court order entered to | ||||||
| 20 | seal
the records of the circuit court clerk in connection
| ||||||
| 21 | with the proceedings of the trial court concerning that
| ||||||
| 22 | offense. However, the records of the arresting authority
| ||||||
| 23 | and the Department of State Police concerning the offense
| ||||||
| 24 | shall not be sealed. The court, upon good cause shown,
| ||||||
| 25 | shall make the records of the circuit court clerk in
| ||||||
| 26 | connection with the proceedings of the trial court
| ||||||
| |||||||
| |||||||
| 1 | concerning the offense available for public inspection. | ||||||
| 2 | (6) If a conviction has been set aside on direct review
| ||||||
| 3 | or on collateral attack and the court determines by clear
| ||||||
| 4 | and convincing evidence that the petitioner was factually
| ||||||
| 5 | innocent of the charge, the court that finds the petitioner | ||||||
| 6 | factually innocent of the charge shall enter an
expungement | ||||||
| 7 | order for the conviction for which the petitioner has been | ||||||
| 8 | determined to be innocent as provided in subsection (b) of | ||||||
| 9 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
| 10 | (7) Nothing in this Section shall prevent the | ||||||
| 11 | Department of
State Police from maintaining all records of | ||||||
| 12 | any person who
is admitted to probation upon terms and | ||||||
| 13 | conditions and who
fulfills those terms and conditions | ||||||
| 14 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
| 15 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
| 16 | of the
Methamphetamine Control and Community Protection | ||||||
| 17 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 18 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 19 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
| 21 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
| 22 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
| 23 | Section 10 of the Steroid Control Act. | ||||||
| 24 | (8) If the petitioner has been granted a certificate of | ||||||
| 25 | innocence under Section 2-702 of the Code of Civil | ||||||
| 26 | Procedure, the court that grants the certificate of | ||||||
| |||||||
| |||||||
| 1 | innocence shall also enter an order expunging the | ||||||
| 2 | conviction for which the petitioner has been determined to | ||||||
| 3 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 4 | of the Code of Civil Procedure. | ||||||
| 5 | (c) Sealing. | ||||||
| 6 | (1) Applicability. Notwithstanding any other provision | ||||||
| 7 | of this Act to the contrary, and cumulative with any rights | ||||||
| 8 | to expungement of criminal records, this subsection | ||||||
| 9 | authorizes the sealing of criminal records of adults and of | ||||||
| 10 | minors prosecuted as adults. | ||||||
| 11 | (2) Eligible Records. The following records may be | ||||||
| 12 | sealed: | ||||||
| 13 | (A) All arrests resulting in release without | ||||||
| 14 | charging; | ||||||
| 15 | (B) Arrests or charges not initiated by arrest | ||||||
| 16 | resulting in acquittal, dismissal, or conviction when | ||||||
| 17 | the conviction was reversed or vacated, except as | ||||||
| 18 | excluded by subsection (a)(3)(B); | ||||||
| 19 | (C) Arrests or charges not initiated by arrest | ||||||
| 20 | resulting in orders of supervision, including orders | ||||||
| 21 | of supervision for municipal ordinance violations, | ||||||
| 22 | successfully completed by the petitioner, unless | ||||||
| 23 | excluded by subsection (a)(3); | ||||||
| 24 | (D) Arrests or charges not initiated by arrest | ||||||
| 25 | resulting in convictions, including convictions on | ||||||
| 26 | municipal ordinance violations, unless excluded by | ||||||
| |||||||
| |||||||
| 1 | subsection (a)(3); | ||||||
| 2 | (E) Arrests or charges not initiated by arrest | ||||||
| 3 | resulting in orders of first offender probation under | ||||||
| 4 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 5 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 6 | the Methamphetamine Control and Community Protection | ||||||
| 7 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 8 | Corrections; and | ||||||
| 9 | (F) Arrests or charges not initiated by arrest | ||||||
| 10 | resulting in felony convictions for the following | ||||||
| 11 | offenses: | ||||||
| 12 | (i) Class 4 felony convictions for: | ||||||
| 13 | Prostitution under Section 11-14 of the | ||||||
| 14 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 15 | 2012. | ||||||
| 16 | Possession of cannabis under Section 4 of | ||||||
| 17 | the Cannabis Control Act. | ||||||
| 18 | Possession of a controlled substance under | ||||||
| 19 | Section 402 of the Illinois Controlled | ||||||
| 20 | Substances Act. | ||||||
| 21 | Offenses under the Methamphetamine | ||||||
| 22 | Precursor Control Act. | ||||||
| 23 | Offenses under the Steroid Control Act. | ||||||
| 24 | Theft under Section 16-1 of the Criminal | ||||||
| 25 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 26 | Retail theft under Section 16A-3 or | ||||||
| |||||||
| |||||||
| 1 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 2 | 1961 or the Criminal Code of 2012. | ||||||
| 3 | Deceptive practices under Section 17-1 of | ||||||
| 4 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 5 | of 2012. | ||||||
| 6 | Forgery under Section 17-3 of the Criminal | ||||||
| 7 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 8 | Possession of burglary tools under Section | ||||||
| 9 | 19-2 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012. | ||||||
| 11 | (ii) Class 3 felony convictions for: | ||||||
| 12 | Theft under Section 16-1 of the Criminal | ||||||
| 13 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 14 | Retail theft under Section 16A-3 or | ||||||
| 15 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 16 | 1961 or the Criminal Code of 2012. | ||||||
| 17 | Deceptive practices under Section 17-1 of | ||||||
| 18 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 19 | of 2012. | ||||||
| 20 | Forgery under Section 17-3 of the Criminal | ||||||
| 21 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 22 | Possession with intent to manufacture or | ||||||
| 23 | deliver a controlled substance under Section | ||||||
| 24 | 401 of the Illinois Controlled Substances Act. | ||||||
| 25 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| 26 | identified as eligible under subsection (c)(2) may be | ||||||
| |||||||
| |||||||
| 1 | sealed as follows: | ||||||
| 2 | (A) Records identified as eligible under | ||||||
| 3 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
| 4 | time. | ||||||
| 5 | (B) Records identified as eligible under | ||||||
| 6 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
| 7 | the termination of petitioner's last sentence (as | ||||||
| 8 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
| 9 | never been convicted of a criminal offense (as defined | ||||||
| 10 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
| 11 | termination of the petitioner's last sentence (as | ||||||
| 12 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
| 13 | ever been convicted of a criminal offense (as defined | ||||||
| 14 | in subsection (a)(1)(D)). | ||||||
| 15 | (C) Records identified as eligible under | ||||||
| 16 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
| 17 | sealed 4 years after the termination of the | ||||||
| 18 | petitioner's last sentence (as defined in subsection | ||||||
| 19 | (a)(1)(F)). | ||||||
| 20 | (D) Records identified in subsection | ||||||
| 21 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 22 | reached the age of 25 years. | ||||||
| 23 | (4) Subsequent felony convictions. A person may not | ||||||
| 24 | have
subsequent felony conviction records sealed as | ||||||
| 25 | provided in this subsection
(c) if he or she is convicted | ||||||
| 26 | of any felony offense after the date of the
sealing of | ||||||
| |||||||
| |||||||
| 1 | prior felony convictions as provided in this subsection | ||||||
| 2 | (c). The court may, upon conviction for a subsequent felony | ||||||
| 3 | offense, order the unsealing of prior felony conviction | ||||||
| 4 | records previously ordered sealed by the court. | ||||||
| 5 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 6 | disposition for an eligible record under this subsection | ||||||
| 7 | (c), the petitioner shall be informed by the court of the | ||||||
| 8 | right to have the records sealed and the procedures for the | ||||||
| 9 | sealing of the records. | ||||||
| 10 | (d) Procedure. The following procedures apply to | ||||||
| 11 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| 12 | under subsections (c) and (e-5): | ||||||
| 13 | (1) Filing the petition. Upon becoming eligible to | ||||||
| 14 | petition for
the expungement or sealing of records under | ||||||
| 15 | this Section, the petitioner shall file a petition | ||||||
| 16 | requesting the expungement
or sealing of records with the | ||||||
| 17 | clerk of the court where the arrests occurred or the | ||||||
| 18 | charges were brought, or both. If arrests occurred or | ||||||
| 19 | charges were brought in multiple jurisdictions, a petition | ||||||
| 20 | must be filed in each such jurisdiction. The petitioner | ||||||
| 21 | shall pay the applicable fee, if not waived. | ||||||
| 22 | (2) Contents of petition. The petition shall be
| ||||||
| 23 | verified and shall contain the petitioner's name, date of
| ||||||
| 24 | birth, current address and, for each arrest or charge not | ||||||
| 25 | initiated by
arrest sought to be sealed or expunged, the | ||||||
| 26 | case number, the date of
arrest (if any), the identity of | ||||||
| |||||||
| |||||||
| 1 | the arresting authority, and such
other information as the | ||||||
| 2 | court may require. During the pendency
of the proceeding, | ||||||
| 3 | the petitioner shall promptly notify the
circuit court | ||||||
| 4 | clerk of any change of his or her address. If the | ||||||
| 5 | petitioner has received a certificate of eligibility for | ||||||
| 6 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
| 7 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
| 8 | Corrections, the certificate shall be attached to the | ||||||
| 9 | petition. | ||||||
| 10 | (3) Drug test. The petitioner must attach to the | ||||||
| 11 | petition proof that the petitioner has passed a test taken | ||||||
| 12 | within 30 days before the filing of the petition showing | ||||||
| 13 | the absence within his or her body of all illegal | ||||||
| 14 | substances as defined by the Illinois Controlled | ||||||
| 15 | Substances Act, the Methamphetamine Control and Community | ||||||
| 16 | Protection Act, and the Cannabis Control Act if he or she | ||||||
| 17 | is petitioning to: | ||||||
| 18 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 19 | (B) seal felony records for a violation of the | ||||||
| 20 | Illinois Controlled Substances Act, the | ||||||
| 21 | Methamphetamine Control and Community Protection Act, | ||||||
| 22 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 23 | (C) seal felony records under subsection (e-5); or | ||||||
| 24 | (D) expunge felony records of a qualified | ||||||
| 25 | probation under clause (b)(1)(B)(iv). | ||||||
| 26 | (4) Service of petition. The circuit court clerk shall | ||||||
| |||||||
| |||||||
| 1 | promptly
serve a copy of the petition and documentation to | ||||||
| 2 | support the petition under subsection (e-5) or (e-6) on the | ||||||
| 3 | State's Attorney or
prosecutor charged with the duty of | ||||||
| 4 | prosecuting the
offense, the Department of State Police, | ||||||
| 5 | the arresting
agency and the chief legal officer of the | ||||||
| 6 | unit of local
government effecting the arrest. | ||||||
| 7 | (5) Objections. | ||||||
| 8 | (A) Any party entitled to notice of the petition | ||||||
| 9 | may file an objection to the petition. All objections | ||||||
| 10 | shall be in writing, shall be filed with the circuit | ||||||
| 11 | court clerk, and shall state with specificity the basis | ||||||
| 12 | of the objection. Whenever a person who has been | ||||||
| 13 | convicted of an offense is granted
a pardon by the | ||||||
| 14 | Governor which specifically authorizes expungement, an | ||||||
| 15 | objection to the petition may not be filed. | ||||||
| 16 | (B) Objections to a petition to expunge or seal | ||||||
| 17 | must be filed within 60 days of the date of service of | ||||||
| 18 | the petition. | ||||||
| 19 | (6) Entry of order. | ||||||
| 20 | (A) The Chief Judge of the circuit wherein the | ||||||
| 21 | charge was brought, any judge of that circuit | ||||||
| 22 | designated by the Chief Judge, or in counties of less | ||||||
| 23 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| 24 | at the petitioner's trial, if any, shall rule on the | ||||||
| 25 | petition to expunge or seal as set forth in this | ||||||
| 26 | subsection (d)(6). | ||||||
| |||||||
| |||||||
| 1 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 2 | Department of
State Police, the arresting agency, or | ||||||
| 3 | the chief legal officer
files an objection to the | ||||||
| 4 | petition to expunge or seal within 60 days from the | ||||||
| 5 | date of service of the petition, the court shall enter | ||||||
| 6 | an order granting or denying the petition. | ||||||
| 7 | (7) Hearings. If an objection is filed, the court shall | ||||||
| 8 | set a date for a hearing and notify the petitioner and all | ||||||
| 9 | parties entitled to notice of the petition of the hearing | ||||||
| 10 | date at least 30 days prior to the hearing. Prior to the | ||||||
| 11 | hearing, the State's Attorney shall consult with the | ||||||
| 12 | Department as to the appropriateness of the relief sought | ||||||
| 13 | in the petition to expunge or seal. At the hearing, the | ||||||
| 14 | court shall hear evidence on whether the petition should or | ||||||
| 15 | should not be granted, and shall grant or deny the petition | ||||||
| 16 | to expunge or seal the records based on the evidence | ||||||
| 17 | presented at the hearing. The court may consider the | ||||||
| 18 | following: | ||||||
| 19 | (A) the strength of the evidence supporting the | ||||||
| 20 | defendant's conviction; | ||||||
| 21 | (B) the reasons for retention of the conviction | ||||||
| 22 | records by the State; | ||||||
| 23 | (C) the petitioner's age, criminal record history, | ||||||
| 24 | and employment history; | ||||||
| 25 | (D) the period of time between the petitioner's | ||||||
| 26 | arrest on the charge resulting in the conviction and | ||||||
| |||||||
| |||||||
| 1 | the filing of the petition under this Section; and | ||||||
| 2 | (E) the specific adverse consequences the | ||||||
| 3 | petitioner may be subject to if the petition is denied. | ||||||
| 4 | (8) Service of order. After entering an order to | ||||||
| 5 | expunge or
seal records, the court must provide copies of | ||||||
| 6 | the order to the
Department, in a form and manner | ||||||
| 7 | prescribed by the Department,
to the petitioner, to the | ||||||
| 8 | State's Attorney or prosecutor
charged with the duty of | ||||||
| 9 | prosecuting the offense, to the
arresting agency, to the | ||||||
| 10 | chief legal officer of the unit of
local government | ||||||
| 11 | effecting the arrest, and to such other
criminal justice | ||||||
| 12 | agencies as may be ordered by the court. | ||||||
| 13 | (9) Implementation of order. | ||||||
| 14 | (A) Upon entry of an order to expunge records | ||||||
| 15 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
| 16 | (i) the records shall be expunged (as defined | ||||||
| 17 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 18 | the Department, and any other agency as ordered by | ||||||
| 19 | the court, within 60 days of the date of service of | ||||||
| 20 | the order, unless a motion to vacate, modify, or | ||||||
| 21 | reconsider the order is filed pursuant to | ||||||
| 22 | paragraph (12) of subsection (d) of this Section; | ||||||
| 23 | (ii) the records of the circuit court clerk | ||||||
| 24 | shall be impounded until further order of the court | ||||||
| 25 | upon good cause shown and the name of the | ||||||
| 26 | petitioner obliterated on the official index | ||||||
| |||||||
| |||||||
| 1 | required to be kept by the circuit court clerk | ||||||
| 2 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 3 | the order shall not affect any index issued by the | ||||||
| 4 | circuit court clerk before the entry of the order; | ||||||
| 5 | and | ||||||
| 6 | (iii) in response to an inquiry for expunged | ||||||
| 7 | records, the court, the Department, or the agency | ||||||
| 8 | receiving such inquiry, shall reply as it does in | ||||||
| 9 | response to inquiries when no records ever | ||||||
| 10 | existed. | ||||||
| 11 | (B) Upon entry of an order to expunge records | ||||||
| 12 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
| 13 | (i) the records shall be expunged (as defined | ||||||
| 14 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 15 | and any other agency as ordered by the court, | ||||||
| 16 | within 60 days of the date of service of the order, | ||||||
| 17 | unless a motion to vacate, modify, or reconsider | ||||||
| 18 | the order is filed pursuant to paragraph (12) of | ||||||
| 19 | subsection (d) of this Section; | ||||||
| 20 | (ii) the records of the circuit court clerk | ||||||
| 21 | shall be impounded until further order of the court | ||||||
| 22 | upon good cause shown and the name of the | ||||||
| 23 | petitioner obliterated on the official index | ||||||
| 24 | required to be kept by the circuit court clerk | ||||||
| 25 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 26 | the order shall not affect any index issued by the | ||||||
| |||||||
| |||||||
| 1 | circuit court clerk before the entry of the order; | ||||||
| 2 | (iii) the records shall be impounded by the
| ||||||
| 3 | Department within 60 days of the date of service of | ||||||
| 4 | the order as ordered by the court, unless a motion | ||||||
| 5 | to vacate, modify, or reconsider the order is filed | ||||||
| 6 | pursuant to paragraph (12) of subsection (d) of | ||||||
| 7 | this Section; | ||||||
| 8 | (iv) records impounded by the Department may | ||||||
| 9 | be disseminated by the Department only as required | ||||||
| 10 | by law or to the arresting authority, the State's | ||||||
| 11 | Attorney, and the court upon a later arrest for the | ||||||
| 12 | same or a similar offense or for the purpose of | ||||||
| 13 | sentencing for any subsequent felony, and to the | ||||||
| 14 | Department of Corrections upon conviction for any | ||||||
| 15 | offense; and | ||||||
| 16 | (v) in response to an inquiry for such records | ||||||
| 17 | from anyone not authorized by law to access such | ||||||
| 18 | records, the court, the Department, or the agency | ||||||
| 19 | receiving such inquiry shall reply as it does in | ||||||
| 20 | response to inquiries when no records ever | ||||||
| 21 | existed. | ||||||
| 22 | (B-5) Upon entry of an order to expunge records | ||||||
| 23 | under subsection (e-6): | ||||||
| 24 | (i) the records shall be expunged (as defined | ||||||
| 25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 26 | and any other agency as ordered by the court, | ||||||
| |||||||
| |||||||
| 1 | within 60 days of the date of service of the order, | ||||||
| 2 | unless a motion to vacate, modify, or reconsider | ||||||
| 3 | the order is filed under paragraph (12) of | ||||||
| 4 | subsection (d) of this Section; | ||||||
| 5 | (ii) the records of the circuit court clerk | ||||||
| 6 | shall be impounded until further order of the court | ||||||
| 7 | upon good cause shown and the name of the | ||||||
| 8 | petitioner obliterated on the official index | ||||||
| 9 | required to be kept by the circuit court clerk | ||||||
| 10 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 11 | the order shall not affect any index issued by the | ||||||
| 12 | circuit court clerk before the entry of the order; | ||||||
| 13 | (iii) the records shall be impounded by the
| ||||||
| 14 | Department within 60 days of the date of service of | ||||||
| 15 | the order as ordered by the court, unless a motion | ||||||
| 16 | to vacate, modify, or reconsider the order is filed | ||||||
| 17 | under paragraph (12) of subsection (d) of this | ||||||
| 18 | Section; | ||||||
| 19 | (iv) records impounded by the Department may | ||||||
| 20 | be disseminated by the Department only as required | ||||||
| 21 | by law or to the arresting authority, the State's | ||||||
| 22 | Attorney, and the court upon a later arrest for the | ||||||
| 23 | same or a similar offense or for the purpose of | ||||||
| 24 | sentencing for any subsequent felony, and to the | ||||||
| 25 | Department of Corrections upon conviction for any | ||||||
| 26 | offense; and | ||||||
| |||||||
| |||||||
| 1 | (v) in response to an inquiry for these records | ||||||
| 2 | from anyone not authorized by law to access the | ||||||
| 3 | records, the court, the Department, or the agency | ||||||
| 4 | receiving the inquiry shall reply as it does in | ||||||
| 5 | response to inquiries when no records ever | ||||||
| 6 | existed. | ||||||
| 7 | (C) Upon entry of an order to seal records under | ||||||
| 8 | subsection
(c), the arresting agency, any other agency | ||||||
| 9 | as ordered by the court, the Department, and the court | ||||||
| 10 | shall seal the records (as defined in subsection | ||||||
| 11 | (a)(1)(K)). In response to an inquiry for such records | ||||||
| 12 | from anyone not authorized by law to access such | ||||||
| 13 | records, the court, the Department, or the agency | ||||||
| 14 | receiving such inquiry shall reply as it does in | ||||||
| 15 | response to inquiries when no records ever existed. | ||||||
| 16 | (D) The Department shall send written notice to the | ||||||
| 17 | petitioner of its compliance with each order to expunge | ||||||
| 18 | or seal records within 60 days of the date of service | ||||||
| 19 | of that order or, if a motion to vacate, modify, or | ||||||
| 20 | reconsider is filed, within 60 days of service of the | ||||||
| 21 | order resolving the motion, if that order requires the | ||||||
| 22 | Department to expunge or seal records. In the event of | ||||||
| 23 | an appeal from the circuit court order, the Department | ||||||
| 24 | shall send written notice to the petitioner of its | ||||||
| 25 | compliance with an Appellate Court or Supreme Court | ||||||
| 26 | judgment to expunge or seal records within 60 days of | ||||||
| |||||||
| |||||||
| 1 | the issuance of the court's mandate. The notice is not | ||||||
| 2 | required while any motion to vacate, modify, or | ||||||
| 3 | reconsider, or any appeal or petition for | ||||||
| 4 | discretionary appellate review, is pending. | ||||||
| 5 | (10) Fees. The Department may charge the petitioner a | ||||||
| 6 | fee equivalent to the cost of processing any order to | ||||||
| 7 | expunge or seal records. Notwithstanding any provision of | ||||||
| 8 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
| 9 | clerk may charge a fee equivalent to the cost associated | ||||||
| 10 | with the sealing or expungement of records by the circuit | ||||||
| 11 | court clerk. From the total filing fee collected for the | ||||||
| 12 | petition to seal or expunge, the circuit court clerk shall | ||||||
| 13 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
| 14 | Administrative Fund, to be used to offset the costs | ||||||
| 15 | incurred by the circuit court clerk in performing the | ||||||
| 16 | additional duties required to serve the petition to seal or | ||||||
| 17 | expunge on all parties. The circuit court clerk shall | ||||||
| 18 | collect and forward the Department of State Police portion | ||||||
| 19 | of the fee to the Department and it shall be deposited in | ||||||
| 20 | the State Police Services Fund. | ||||||
| 21 | (11) Final Order. No court order issued under the | ||||||
| 22 | expungement or sealing provisions of this Section shall | ||||||
| 23 | become final for purposes of appeal until 30 days after | ||||||
| 24 | service of the order on the petitioner and all parties | ||||||
| 25 | entitled to notice of the petition. | ||||||
| 26 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| |||||||
| |||||||
| 1 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 2 | petitioner or any party entitled to notice may file a | ||||||
| 3 | motion to vacate, modify, or reconsider the order granting | ||||||
| 4 | or denying the petition to expunge or seal within 60 days | ||||||
| 5 | of service of the order. If filed more than 60 days after | ||||||
| 6 | service of the order, a petition to vacate, modify, or | ||||||
| 7 | reconsider shall comply with subsection (c) of Section | ||||||
| 8 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 9 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 10 | motion shall be served upon the petitioner and all parties | ||||||
| 11 | entitled to notice of the petition. | ||||||
| 12 | (13) Effect of Order. An order granting a petition | ||||||
| 13 | under the expungement or sealing provisions of this Section | ||||||
| 14 | shall not be considered void because it fails to comply | ||||||
| 15 | with the provisions of this Section or because of any error | ||||||
| 16 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
| 17 | circuit court retains jurisdiction to determine whether | ||||||
| 18 | the order is voidable and to vacate, modify, or reconsider | ||||||
| 19 | its terms based on a motion filed under paragraph (12) of | ||||||
| 20 | this subsection (d). | ||||||
| 21 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 22 | Records. Unless a court has entered a stay of an order | ||||||
| 23 | granting a petition to seal, all parties entitled to notice | ||||||
| 24 | of the petition must fully comply with the terms of the | ||||||
| 25 | order within 60 days of service of the order even if a | ||||||
| 26 | party is seeking relief from the order through a motion | ||||||
| |||||||
| |||||||
| 1 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 2 | appealing the order. | ||||||
| 3 | (15) Compliance with Order Granting Petition to | ||||||
| 4 | Expunge Records. While a party is seeking relief from the | ||||||
| 5 | order granting the petition to expunge through a motion | ||||||
| 6 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 7 | appealing the order, and unless a court has entered a stay | ||||||
| 8 | of that order, the parties entitled to notice of the | ||||||
| 9 | petition must seal, but need not expunge, the records until | ||||||
| 10 | there is a final order on the motion for relief or, in the | ||||||
| 11 | case of an appeal, the issuance of that court's mandate. | ||||||
| 12 | (16) The changes to this subsection (d) made by Public | ||||||
| 13 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
| 14 | (the effective date of Public Act 98-163) and to all orders | ||||||
| 15 | ruling on a petition to expunge or seal on or after August | ||||||
| 16 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
| 17 | (e) Whenever a person who has been convicted of an offense | ||||||
| 18 | is granted
a pardon by the Governor which specifically | ||||||
| 19 | authorizes expungement, he or she may,
upon verified petition | ||||||
| 20 | to the Chief Judge of the circuit where the person had
been | ||||||
| 21 | convicted, any judge of the circuit designated by the Chief | ||||||
| 22 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
| 23 | presiding trial judge at the
defendant's trial, have a court | ||||||
| 24 | order entered expunging the record of
arrest from the official | ||||||
| 25 | records of the arresting authority and order that the
records | ||||||
| 26 | of the circuit court clerk and the Department be sealed until
| ||||||
| |||||||
| |||||||
| 1 | further order of the court upon good cause shown or as | ||||||
| 2 | otherwise provided
herein, and the name of the defendant | ||||||
| 3 | obliterated from the official index
requested to be kept by the | ||||||
| 4 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
| 5 | Act in connection with the arrest and conviction for the | ||||||
| 6 | offense for
which he or she had been pardoned but the order | ||||||
| 7 | shall not affect any index issued by
the circuit court clerk | ||||||
| 8 | before the entry of the order. All records sealed by
the | ||||||
| 9 | Department may be disseminated by the Department only to the | ||||||
| 10 | arresting authority, the State's Attorney, and the court upon a | ||||||
| 11 | later
arrest for the same or similar offense or for the purpose | ||||||
| 12 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
| 13 | any subsequent offense, the Department
of Corrections shall | ||||||
| 14 | have access to all sealed records of the Department
pertaining | ||||||
| 15 | to that individual. Upon entry of the order of expungement, the
| ||||||
| 16 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 17 | the
person who was pardoned. | ||||||
| 18 | (e-5) Whenever a person who has been convicted of an | ||||||
| 19 | offense is granted a certificate of eligibility for sealing by | ||||||
| 20 | the Prisoner Review Board which specifically authorizes | ||||||
| 21 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 22 | Judge of the circuit where the person had been convicted, any | ||||||
| 23 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 24 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 25 | trial judge at the petitioner's trial, have a court order | ||||||
| 26 | entered sealing the record of arrest from the official records | ||||||
| |||||||
| |||||||
| 1 | of the arresting authority and order that the records of the | ||||||
| 2 | circuit court clerk and the Department be sealed until further | ||||||
| 3 | order of the court upon good cause shown or as otherwise | ||||||
| 4 | provided herein, and the name of the petitioner obliterated | ||||||
| 5 | from the official index requested to be kept by the circuit | ||||||
| 6 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
| 7 | connection with the arrest and conviction for the offense for | ||||||
| 8 | which he or she had been granted the certificate but the order | ||||||
| 9 | shall not affect any index issued by the circuit court clerk | ||||||
| 10 | before the entry of the order. All records sealed by the | ||||||
| 11 | Department may be disseminated by the Department only as | ||||||
| 12 | required by this Act or to the arresting authority, a law | ||||||
| 13 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 14 | later arrest for the same or similar offense or for the purpose | ||||||
| 15 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 16 | any subsequent offense, the Department of Corrections shall | ||||||
| 17 | have access to all sealed records of the Department pertaining | ||||||
| 18 | to that individual. Upon entry of the order of sealing, the | ||||||
| 19 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 20 | the person who was granted the certificate of eligibility for | ||||||
| 21 | sealing. | ||||||
| 22 | (e-6) Whenever a person who has been convicted of an | ||||||
| 23 | offense is granted a certificate of eligibility for expungement | ||||||
| 24 | by the Prisoner Review Board which specifically authorizes | ||||||
| 25 | expungement, he or she may, upon verified petition to the Chief | ||||||
| 26 | Judge of the circuit where the person had been convicted, any | ||||||
| |||||||
| |||||||
| 1 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 2 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 3 | trial judge at the petitioner's trial, have a court order | ||||||
| 4 | entered expunging the record of arrest from the official | ||||||
| 5 | records of the arresting authority and order that the records | ||||||
| 6 | of the circuit court clerk and the Department be sealed until | ||||||
| 7 | further order of the court upon good cause shown or as | ||||||
| 8 | otherwise provided herein, and the name of the petitioner | ||||||
| 9 | obliterated from the official index requested to be kept by the | ||||||
| 10 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 11 | Act in connection with the arrest and conviction for the | ||||||
| 12 | offense for which he or she had been granted the certificate | ||||||
| 13 | but the order shall not affect any index issued by the circuit | ||||||
| 14 | court clerk before the entry of the order. All records sealed | ||||||
| 15 | by the Department may be disseminated by the Department only as | ||||||
| 16 | required by this Act or to the arresting authority, a law | ||||||
| 17 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 18 | later arrest for the same or similar offense or for the purpose | ||||||
| 19 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 20 | any subsequent offense, the Department of Corrections shall | ||||||
| 21 | have access to all expunged records of the Department | ||||||
| 22 | pertaining to that individual. Upon entry of the order of | ||||||
| 23 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
| 24 | of the order to the person who was granted the certificate of | ||||||
| 25 | eligibility for expungement. | ||||||
| 26 | (f) Subject to available funding, the Illinois Department
| ||||||
| |||||||
| |||||||
| 1 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
| 2 | especially on employment and recidivism rates, utilizing a
| ||||||
| 3 | random sample of those who apply for the sealing of their
| ||||||
| 4 | criminal records under Public Act 93-211. At the request of the
| ||||||
| 5 | Illinois Department of Corrections, records of the Illinois
| ||||||
| 6 | Department of Employment Security shall be utilized as
| ||||||
| 7 | appropriate to assist in the study. The study shall not
| ||||||
| 8 | disclose any data in a manner that would allow the
| ||||||
| 9 | identification of any particular individual or employing unit.
| ||||||
| 10 | The study shall be made available to the General Assembly no
| ||||||
| 11 | later than September 1, 2010.
| ||||||
| 12 | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | ||||||
| 13 | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
| 14 | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, | ||||||
| 15 | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
| 16 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, | ||||||
| 17 | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; | ||||||
| 18 | 98-1009, eff. 1-1-15; revised 9-30-14.)
| ||||||
| 19 | Section 105. The Illinois Health Facilities Planning Act is | ||||||
| 20 | amended by changing Sections 3 and 12 as follows:
| ||||||
| 21 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||||||
| 22 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 23 | Sec. 3. Definitions. As used in this Act:
| ||||||
| 24 | "Health care facilities" means and includes
the following | ||||||
| |||||||
| |||||||
| 1 | facilities, organizations, and related persons:
| ||||||
| 2 | (1) An ambulatory surgical treatment center required | ||||||
| 3 | to be licensed
pursuant to the Ambulatory Surgical | ||||||
| 4 | Treatment Center Act.
| ||||||
| 5 | (2) An institution, place, building, or agency | ||||||
| 6 | required to be licensed
pursuant to the Hospital Licensing | ||||||
| 7 | Act.
| ||||||
| 8 | (3) Skilled and intermediate long term care facilities | ||||||
| 9 | licensed under the
Nursing
Home Care Act. | ||||||
| 10 | (A) If a demonstration project under the Nursing | ||||||
| 11 | Home Care Act applies for a certificate of need to | ||||||
| 12 | convert to a nursing facility, it shall meet the | ||||||
| 13 | licensure and certificate of need requirements in | ||||||
| 14 | effect as of the date of application. | ||||||
| 15 | (B) Except as provided in item (A) of this | ||||||
| 16 | subsection, this Act does not apply to facilities | ||||||
| 17 | granted waivers under Section 3-102.2 of the Nursing | ||||||
| 18 | Home Care Act.
| ||||||
| 19 | (3.5) Skilled and intermediate care facilities | ||||||
| 20 | licensed under the ID/DD Community Care Act. (A) No permit | ||||||
| 21 | or exemption is required for a facility licensed under the | ||||||
| 22 | ID/DD Community Care Act prior to the reduction of the | ||||||
| 23 | number of beds at a facility. If there is a total reduction | ||||||
| 24 | of beds at a facility licensed under the ID/DD Community | ||||||
| 25 | Care Act, this is a discontinuation or closure of the | ||||||
| 26 | facility. If a facility licensed under the ID/DD Community | ||||||
| |||||||
| |||||||
| 1 | Care Act reduces the number of beds or discontinues the | ||||||
| 2 | facility, that facility must notify the Board as provided | ||||||
| 3 | in Section 14.1 of this Act. | ||||||
| 4 | (3.7) Facilities licensed under the Specialized Mental | ||||||
| 5 | Health Rehabilitation Act of 2013. | ||||||
| 6 | (4) Hospitals, nursing homes, ambulatory surgical | ||||||
| 7 | treatment centers, or
kidney disease treatment centers
| ||||||
| 8 | maintained by the State or any department or agency | ||||||
| 9 | thereof.
| ||||||
| 10 | (5) Kidney disease treatment centers, including a | ||||||
| 11 | free-standing
hemodialysis unit required to be licensed | ||||||
| 12 | under the End Stage Renal Disease Facility Act.
| ||||||
| 13 | (A) This Act does not apply to a dialysis facility | ||||||
| 14 | that provides only dialysis training, support, and | ||||||
| 15 | related services to individuals with end stage renal | ||||||
| 16 | disease who have elected to receive home dialysis. | ||||||
| 17 | (B) This Act does not apply to a dialysis unit | ||||||
| 18 | located in a licensed nursing home that offers or | ||||||
| 19 | provides dialysis-related services to residents with | ||||||
| 20 | end stage renal disease who have elected to receive | ||||||
| 21 | home dialysis within the nursing home. | ||||||
| 22 | (C) The Board, however, may require dialysis | ||||||
| 23 | facilities and licensed nursing homes under items (A) | ||||||
| 24 | and (B) of this subsection to report statistical | ||||||
| 25 | information on a quarterly basis to the Board to be | ||||||
| 26 | used by the Board to conduct analyses on the need for | ||||||
| |||||||
| |||||||
| 1 | proposed kidney disease treatment centers. | ||||||
| 2 | (6) An institution, place, building, or room used for | ||||||
| 3 | the performance of
outpatient surgical procedures that is | ||||||
| 4 | leased, owned, or operated by or on
behalf of an | ||||||
| 5 | out-of-state facility.
| ||||||
| 6 | (7) An institution, place, building, or room used for | ||||||
| 7 | provision of a health care category of service, including, | ||||||
| 8 | but not limited to, cardiac catheterization and open heart | ||||||
| 9 | surgery. | ||||||
| 10 | (8) An institution, place, building, or room housing | ||||||
| 11 | major medical equipment used in the direct clinical | ||||||
| 12 | diagnosis or treatment of patients, and whose project cost | ||||||
| 13 | is in excess of the capital expenditure minimum. | ||||||
| 14 | "Health care facilities" does not include the following | ||||||
| 15 | entities or facility transactions: | ||||||
| 16 | (1) Federally-owned facilities. | ||||||
| 17 | (2) Facilities used solely for healing by prayer or | ||||||
| 18 | spiritual means. | ||||||
| 19 | (3) An existing facility located on any campus facility | ||||||
| 20 | as defined in Section 5-5.8b of the Illinois Public Aid | ||||||
| 21 | Code, provided that the campus facility encompasses 30 or | ||||||
| 22 | more contiguous acres and that the new or renovated | ||||||
| 23 | facility is intended for use by a licensed residential | ||||||
| 24 | facility. | ||||||
| 25 | (4) Facilities licensed under the Supportive | ||||||
| 26 | Residences Licensing Act or the Assisted Living and Shared | ||||||
| |||||||
| |||||||
| 1 | Housing Act. | ||||||
| 2 | (5) Facilities designated as supportive living | ||||||
| 3 | facilities that are in good standing with the program | ||||||
| 4 | established under Section 5-5.01a of the Illinois Public | ||||||
| 5 | Aid Code. | ||||||
| 6 | (6) Facilities established and operating under the | ||||||
| 7 | Alternative Health Care Delivery Act as a children's | ||||||
| 8 | community-based health care center children's respite care | ||||||
| 9 | center alternative health care model demonstration program | ||||||
| 10 | or as an Alzheimer's Disease Management Center alternative | ||||||
| 11 | health care model demonstration program. | ||||||
| 12 | (7) The closure of an entity or a portion of an entity | ||||||
| 13 | licensed under the Nursing Home Care Act, the Specialized | ||||||
| 14 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 15 | Community Care Act, with the exception of facilities | ||||||
| 16 | operated by a county or Illinois Veterans Homes, that elect | ||||||
| 17 | to convert, in whole or in part, to an assisted living or | ||||||
| 18 | shared housing establishment licensed under the Assisted | ||||||
| 19 | Living and Shared Housing Act and with the exception of a | ||||||
| 20 | facility licensed under the Specialized Mental Health | ||||||
| 21 | Rehabilitation Act of 2013 in connection with a proposal to | ||||||
| 22 | close a facility and re-establish the facility in another | ||||||
| 23 | location. | ||||||
| 24 | (8) Any change of ownership of a health care healthcare | ||||||
| 25 | facility that is licensed under the Nursing Home Care Act, | ||||||
| 26 | the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| |||||||
| |||||||
| 1 | or the ID/DD Community Care Act, with the exception of | ||||||
| 2 | facilities operated by a county or Illinois Veterans Homes. | ||||||
| 3 | Changes of ownership of facilities licensed under the | ||||||
| 4 | Nursing Home Care Act must meet the requirements set forth | ||||||
| 5 | in Sections 3-101 through 3-119 of the Nursing Home Care | ||||||
| 6 | Act. children's community-based health care center of 2013 | ||||||
| 7 | and with the exception of a facility licensed under the | ||||||
| 8 | Specialized Mental Health Rehabilitation Act of 2013 in | ||||||
| 9 | connection with a proposal to close a facility and | ||||||
| 10 | re-establish the facility in another location of 2013
| ||||||
| 11 | With the exception of those health care facilities | ||||||
| 12 | specifically
included in this Section, nothing in this Act | ||||||
| 13 | shall be intended to
include facilities operated as a part of | ||||||
| 14 | the practice of a physician or
other licensed health care | ||||||
| 15 | professional, whether practicing in his
individual capacity or | ||||||
| 16 | within the legal structure of any partnership,
medical or | ||||||
| 17 | professional corporation, or unincorporated medical or
| ||||||
| 18 | professional group. Further, this Act shall not apply to | ||||||
| 19 | physicians or
other licensed health care professional's | ||||||
| 20 | practices where such practices
are carried out in a portion of | ||||||
| 21 | a health care facility under contract
with such health care | ||||||
| 22 | facility by a physician or by other licensed
health care | ||||||
| 23 | professionals, whether practicing in his individual capacity
| ||||||
| 24 | or within the legal structure of any partnership, medical or
| ||||||
| 25 | professional corporation, or unincorporated medical or | ||||||
| 26 | professional
groups, unless the entity constructs, modifies, | ||||||
| |||||||
| |||||||
| 1 | or establishes a health care facility as specifically defined | ||||||
| 2 | in this Section. This Act shall apply to construction or
| ||||||
| 3 | modification and to establishment by such health care facility | ||||||
| 4 | of such
contracted portion which is subject to facility | ||||||
| 5 | licensing requirements,
irrespective of the party responsible | ||||||
| 6 | for such action or attendant
financial obligation.
| ||||||
| 7 | "Person" means any one or more natural persons, legal | ||||||
| 8 | entities,
governmental bodies other than federal, or any | ||||||
| 9 | combination thereof.
| ||||||
| 10 | "Consumer" means any person other than a person (a) whose | ||||||
| 11 | major
occupation currently involves or whose official capacity | ||||||
| 12 | within the last
12 months has involved the providing, | ||||||
| 13 | administering or financing of any
type of health care facility, | ||||||
| 14 | (b) who is engaged in health research or
the teaching of | ||||||
| 15 | health, (c) who has a material financial interest in any
| ||||||
| 16 | activity which involves the providing, administering or | ||||||
| 17 | financing of any
type of health care facility, or (d) who is or | ||||||
| 18 | ever has been a member of
the immediate family of the person | ||||||
| 19 | defined by (a), (b), or (c).
| ||||||
| 20 | "State Board" or "Board" means the Health Facilities and | ||||||
| 21 | Services Review Board.
| ||||||
| 22 | "Construction or modification" means the establishment, | ||||||
| 23 | erection,
building, alteration, reconstruction, modernization, | ||||||
| 24 | improvement,
extension, discontinuation, change of ownership, | ||||||
| 25 | of or by a health care
facility, or the purchase or acquisition | ||||||
| 26 | by or through a health care facility
of
equipment or service | ||||||
| |||||||
| |||||||
| 1 | for diagnostic or therapeutic purposes or for
facility | ||||||
| 2 | administration or operation, or any capital expenditure made by
| ||||||
| 3 | or on behalf of a health care facility which
exceeds the | ||||||
| 4 | capital expenditure minimum; however, any capital expenditure
| ||||||
| 5 | made by or on behalf of a health care facility for (i) the | ||||||
| 6 | construction or
modification of a facility licensed under the | ||||||
| 7 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
| 8 | project undertaken in accordance with Section 30 of the Older | ||||||
| 9 | Adult Services Act shall be excluded from any obligations under | ||||||
| 10 | this Act.
| ||||||
| 11 | "Establish" means the construction of a health care | ||||||
| 12 | facility or the
replacement of an existing facility on another | ||||||
| 13 | site or the initiation of a category of service.
| ||||||
| 14 | "Major medical equipment" means medical equipment which is | ||||||
| 15 | used for the
provision of medical and other health services and | ||||||
| 16 | which costs in excess
of the capital expenditure minimum, | ||||||
| 17 | except that such term does not include
medical equipment | ||||||
| 18 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
| 19 | clinical laboratory
services if the clinical laboratory is | ||||||
| 20 | independent of a physician's office
and a hospital and it has | ||||||
| 21 | been determined under Title XVIII of the Social
Security Act to | ||||||
| 22 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
| 23 | 1861(s) of such Act. In determining whether medical equipment | ||||||
| 24 | has a value
in excess of the capital expenditure minimum, the | ||||||
| 25 | value of studies, surveys,
designs, plans, working drawings, | ||||||
| 26 | specifications, and other activities
essential to the | ||||||
| |||||||
| |||||||
| 1 | acquisition of such equipment shall be included.
| ||||||
| 2 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
| 3 | on behalf of
a health care facility (as such a facility is | ||||||
| 4 | defined in this Act); and
(B) which under generally accepted | ||||||
| 5 | accounting principles is not properly
chargeable as an expense | ||||||
| 6 | of operation and maintenance, or is made to obtain
by lease or | ||||||
| 7 | comparable arrangement any facility or part thereof or any
| ||||||
| 8 | equipment for a facility or part; and which exceeds the capital | ||||||
| 9 | expenditure
minimum.
| ||||||
| 10 | For the purpose of this paragraph, the cost of any studies, | ||||||
| 11 | surveys, designs,
plans, working drawings, specifications, and | ||||||
| 12 | other activities essential
to the acquisition, improvement, | ||||||
| 13 | expansion, or replacement of any plant
or equipment with | ||||||
| 14 | respect to which an expenditure is made shall be included
in | ||||||
| 15 | determining if such expenditure exceeds the capital | ||||||
| 16 | expenditures minimum.
Unless otherwise interdependent, or | ||||||
| 17 | submitted as one project by the applicant, components of | ||||||
| 18 | construction or modification undertaken by means of a single | ||||||
| 19 | construction contract or financed through the issuance of a | ||||||
| 20 | single debt instrument shall not be grouped together as one | ||||||
| 21 | project. Donations of equipment
or facilities to a health care | ||||||
| 22 | facility which if acquired directly by such
facility would be | ||||||
| 23 | subject to review under this Act shall be considered capital
| ||||||
| 24 | expenditures, and a transfer of equipment or facilities for | ||||||
| 25 | less than fair
market value shall be considered a capital | ||||||
| 26 | expenditure for purposes of this
Act if a transfer of the | ||||||
| |||||||
| |||||||
| 1 | equipment or facilities at fair market value would
be subject | ||||||
| 2 | to review.
| ||||||
| 3 | "Capital expenditure minimum" means $11,500,000 for | ||||||
| 4 | projects by hospital applicants, $6,500,000 for applicants for | ||||||
| 5 | projects related to skilled and intermediate care long-term | ||||||
| 6 | care facilities licensed under the Nursing Home Care Act, and | ||||||
| 7 | $3,000,000 for projects by all other applicants, which shall be | ||||||
| 8 | annually
adjusted to reflect the increase in construction costs | ||||||
| 9 | due to inflation, for major medical equipment and for all other
| ||||||
| 10 | capital expenditures.
| ||||||
| 11 | "Non-clinical service area" means an area (i) for the | ||||||
| 12 | benefit of the
patients, visitors, staff, or employees of a | ||||||
| 13 | health care facility and (ii) not
directly related to the | ||||||
| 14 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
| 15 | services from the health care facility. "Non-clinical service | ||||||
| 16 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
| 17 | news stands; computer
systems; tunnels, walkways, and | ||||||
| 18 | elevators; telephone systems; projects to
comply with life | ||||||
| 19 | safety codes; educational facilities; student housing;
| ||||||
| 20 | patient, employee, staff, and visitor dining areas; | ||||||
| 21 | administration and
volunteer offices; modernization of | ||||||
| 22 | structural components (such as roof
replacement and masonry | ||||||
| 23 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
| 24 | storage facilities; parking facilities; mechanical systems for
| ||||||
| 25 | heating, ventilation, and air conditioning; loading docks; and | ||||||
| 26 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
| |||||||
| |||||||
| 1 | window coverings or treatments,
or furniture. Solely for the | ||||||
| 2 | purpose of this definition, "non-clinical service
area" does | ||||||
| 3 | not include health and fitness centers.
| ||||||
| 4 | "Areawide" means a major area of the State delineated on a
| ||||||
| 5 | geographic, demographic, and functional basis for health | ||||||
| 6 | planning and
for health service and having within it one or | ||||||
| 7 | more local areas for
health planning and health service. The | ||||||
| 8 | term "region", as contrasted
with the term "subregion", and the | ||||||
| 9 | word "area" may be used synonymously
with the term "areawide".
| ||||||
| 10 | "Local" means a subarea of a delineated major area that on | ||||||
| 11 | a
geographic, demographic, and functional basis may be | ||||||
| 12 | considered to be
part of such major area. The term "subregion" | ||||||
| 13 | may be used synonymously
with the term "local".
| ||||||
| 14 | "Physician" means a person licensed to practice in | ||||||
| 15 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
| 16 | "Licensed health care professional" means a person | ||||||
| 17 | licensed to
practice a health profession under pertinent | ||||||
| 18 | licensing statutes of the
State of Illinois.
| ||||||
| 19 | "Director" means the Director of the Illinois Department of | ||||||
| 20 | Public Health.
| ||||||
| 21 | "Agency" means the Illinois Department of Public Health.
| ||||||
| 22 | "Alternative health care model" means a facility or program | ||||||
| 23 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
| 24 | "Out-of-state facility" means a person that is both (i) | ||||||
| 25 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
| 26 | the laws of another state
or that
qualifies as a hospital or an | ||||||
| |||||||
| |||||||
| 1 | ambulatory surgery center under regulations
adopted pursuant | ||||||
| 2 | to the Social Security Act and (ii) not licensed under the
| ||||||
| 3 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
| 4 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
| 5 | out-of-state facilities shall be
considered out-of-state | ||||||
| 6 | facilities. Affiliates of Illinois licensed health
care | ||||||
| 7 | facilities 100% owned by an Illinois licensed health care | ||||||
| 8 | facility, its
parent, or Illinois physicians licensed to | ||||||
| 9 | practice medicine in all its
branches shall not be considered | ||||||
| 10 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
| 11 | construed to include an office or any part of an office of a | ||||||
| 12 | physician licensed
to practice medicine in all its branches in | ||||||
| 13 | Illinois that is not required to be
licensed under the | ||||||
| 14 | Ambulatory Surgical Treatment Center Act.
| ||||||
| 15 | "Change of ownership of a health care facility" means a | ||||||
| 16 | change in the
person
who has ownership or
control of a health | ||||||
| 17 | care facility's physical plant and capital assets. A change
in | ||||||
| 18 | ownership is indicated by
the following transactions: sale, | ||||||
| 19 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
| 20 | means of
transferring control.
| ||||||
| 21 | "Related person" means any person that: (i) is at least 50% | ||||||
| 22 | owned, directly
or indirectly, by
either the health care | ||||||
| 23 | facility or a person owning, directly or indirectly, at
least | ||||||
| 24 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
| 25 | indirectly, at least 50% of the
health care facility.
| ||||||
| 26 | "Charity care" means care provided by a health care | ||||||
| |||||||
| |||||||
| 1 | facility for which the provider does not expect to receive | ||||||
| 2 | payment from the patient or a third-party payer. | ||||||
| 3 | "Freestanding emergency center" means a facility subject | ||||||
| 4 | to licensure under Section 32.5 of the Emergency Medical | ||||||
| 5 | Services (EMS) Systems Act. | ||||||
| 6 | "Category of service" means a grouping by generic class of | ||||||
| 7 | various types or levels of support functions, equipment, care, | ||||||
| 8 | or treatment provided to patients or residents, including, but | ||||||
| 9 | not limited to, classes such as medical-surgical, pediatrics, | ||||||
| 10 | or cardiac catheterization. A category of service may include | ||||||
| 11 | subcategories or levels of care that identify a particular | ||||||
| 12 | degree or type of care within the category of service. Nothing | ||||||
| 13 | in this definition shall be construed to include the practice | ||||||
| 14 | of a physician or other licensed health care professional while | ||||||
| 15 | functioning in an office providing for the care, diagnosis, or | ||||||
| 16 | treatment of patients. A category of service that is subject to | ||||||
| 17 | the Board's jurisdiction must be designated in rules adopted by | ||||||
| 18 | the Board. | ||||||
| 19 | "State Board Staff Report" means the document that sets | ||||||
| 20 | forth the review and findings of the State Board staff, as | ||||||
| 21 | prescribed by the State Board, regarding applications subject | ||||||
| 22 | to Board jurisdiction. | ||||||
| 23 | (Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813, | ||||||
| 24 | eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14; | ||||||
| 25 | 98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff. | ||||||
| 26 | 8-26-14; revised 10-22-14.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
| 2 | (Section scheduled to be repealed on December 31, 2019) | ||||||
| 3 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
| 4 | this Act,
the State Board
shall
exercise the following powers | ||||||
| 5 | and duties:
| ||||||
| 6 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
| 7 | procedures or reviews which may vary
according to the purpose | ||||||
| 8 | for which a particular review is being conducted
or the type of | ||||||
| 9 | project reviewed and which are required to carry out the
| ||||||
| 10 | provisions and purposes of this Act. Policies and procedures of | ||||||
| 11 | the State Board shall take into consideration the priorities | ||||||
| 12 | and needs of medically underserved areas and other health care | ||||||
| 13 | services identified through the comprehensive health planning | ||||||
| 14 | process, giving special consideration to the impact of projects | ||||||
| 15 | on access to safety net services.
| ||||||
| 16 | (2) Adopt procedures for public
notice and hearing on all | ||||||
| 17 | proposed rules, regulations, standards,
criteria, and plans | ||||||
| 18 | required to carry out the provisions of this Act.
| ||||||
| 19 | (3) (Blank).
| ||||||
| 20 | (4) Develop criteria and standards for health care | ||||||
| 21 | facilities planning,
conduct statewide inventories of health | ||||||
| 22 | care facilities, maintain an updated
inventory on the Board's | ||||||
| 23 | web site reflecting the
most recent bed and service
changes and | ||||||
| 24 | updated need determinations when new census data become | ||||||
| 25 | available
or new need formulae
are adopted,
and
develop health | ||||||
| |||||||
| |||||||
| 1 | care facility plans which shall be utilized in the review of
| ||||||
| 2 | applications for permit under
this Act. Such health facility | ||||||
| 3 | plans shall be coordinated by the Board
with pertinent State | ||||||
| 4 | Plans. Inventories pursuant to this Section of skilled or | ||||||
| 5 | intermediate care facilities licensed under the Nursing Home | ||||||
| 6 | Care Act, skilled or intermediate care facilities licensed | ||||||
| 7 | under the ID/DD Community Care Act, facilities licensed under | ||||||
| 8 | the Specialized Mental Health Rehabilitation Act, or nursing | ||||||
| 9 | homes licensed under the Hospital Licensing Act shall be | ||||||
| 10 | conducted on an annual basis no later than July 1 of each year | ||||||
| 11 | and shall include among the information requested a list of all | ||||||
| 12 | services provided by a facility to its residents and to the | ||||||
| 13 | community at large and differentiate between active and | ||||||
| 14 | inactive beds.
| ||||||
| 15 | In developing health care facility plans, the State Board | ||||||
| 16 | shall consider,
but shall not be limited to, the following:
| ||||||
| 17 | (a) The size, composition and growth of the population | ||||||
| 18 | of the area
to be served;
| ||||||
| 19 | (b) The number of existing and planned facilities | ||||||
| 20 | offering similar
programs;
| ||||||
| 21 | (c) The extent of utilization of existing facilities;
| ||||||
| 22 | (d) The availability of facilities which may serve as | ||||||
| 23 | alternatives
or substitutes;
| ||||||
| 24 | (e) The availability of personnel necessary to the | ||||||
| 25 | operation of the
facility;
| ||||||
| 26 | (f) Multi-institutional planning and the establishment | ||||||
| |||||||
| |||||||
| 1 | of
multi-institutional systems where feasible;
| ||||||
| 2 | (g) The financial and economic feasibility of proposed | ||||||
| 3 | construction
or modification; and
| ||||||
| 4 | (h) In the case of health care facilities established | ||||||
| 5 | by a religious
body or denomination, the needs of the | ||||||
| 6 | members of such religious body or
denomination may be | ||||||
| 7 | considered to be public need.
| ||||||
| 8 | The health care facility plans which are developed and | ||||||
| 9 | adopted in
accordance with this Section shall form the basis | ||||||
| 10 | for the plan of the State
to deal most effectively with | ||||||
| 11 | statewide health needs in regard to health
care facilities.
| ||||||
| 12 | (5) Coordinate with the Center for Comprehensive Health | ||||||
| 13 | Planning and other state agencies having responsibilities
| ||||||
| 14 | affecting health care facilities, including those of licensure | ||||||
| 15 | and cost
reporting. Beginning no later than January 1, 2013, | ||||||
| 16 | the Department of Public Health shall produce a written annual | ||||||
| 17 | report to the Governor and the General Assembly regarding the | ||||||
| 18 | development of the Center for Comprehensive Health Planning. | ||||||
| 19 | The Chairman of the State Board and the State Board | ||||||
| 20 | Administrator shall also receive a copy of the annual report.
| ||||||
| 21 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
| 22 | State
any grants or bequests of money, securities or property | ||||||
| 23 | for
use by the State Board or Center for Comprehensive Health | ||||||
| 24 | Planning in the administration of this Act; and enter into | ||||||
| 25 | contracts
consistent with the appropriations for purposes | ||||||
| 26 | enumerated in this Act.
| ||||||
| |||||||
| |||||||
| 1 | (7) The State Board shall prescribe procedures for review, | ||||||
| 2 | standards,
and criteria which shall be utilized
to make | ||||||
| 3 | periodic reviews and determinations of the appropriateness
of | ||||||
| 4 | any existing health services being rendered by health care | ||||||
| 5 | facilities
subject to the Act. The State Board shall consider | ||||||
| 6 | recommendations of the
Board in making its
determinations.
| ||||||
| 7 | (8) Prescribe, in consultation
with the Center for | ||||||
| 8 | Comprehensive Health Planning, rules, regulations,
standards, | ||||||
| 9 | and criteria for the conduct of an expeditious review of
| ||||||
| 10 | applications
for permits for projects of construction or | ||||||
| 11 | modification of a health care
facility, which projects are | ||||||
| 12 | classified as emergency, substantive, or non-substantive in | ||||||
| 13 | nature. | ||||||
| 14 | Six months after June 30, 2009 (the effective date of | ||||||
| 15 | Public Act 96-31), substantive projects shall include no more | ||||||
| 16 | than the following: | ||||||
| 17 | (a) Projects to construct (1) a new or replacement | ||||||
| 18 | facility located on a new site or
(2) a replacement | ||||||
| 19 | facility located on the same site as the original facility | ||||||
| 20 | and the cost of the replacement facility exceeds the | ||||||
| 21 | capital expenditure minimum, which shall be reviewed by the | ||||||
| 22 | Board within 120 days; | ||||||
| 23 | (b) Projects proposing a
(1) new service within an | ||||||
| 24 | existing healthcare facility or
(2) discontinuation of a | ||||||
| 25 | service within an existing healthcare facility, which | ||||||
| 26 | shall be reviewed by the Board within 60 days; or | ||||||
| |||||||
| |||||||
| 1 | (c) Projects proposing a change in the bed capacity of | ||||||
| 2 | a health care facility by an increase in the total number | ||||||
| 3 | of beds or by a redistribution of beds among various | ||||||
| 4 | categories of service or by a relocation of beds from one | ||||||
| 5 | physical facility or site to another by more than 20 beds | ||||||
| 6 | or more than 10% of total bed capacity, as defined by the | ||||||
| 7 | State Board, whichever is less, over a 2-year period. | ||||||
| 8 | The Chairman may approve applications for exemption that | ||||||
| 9 | meet the criteria set forth in rules or refer them to the full | ||||||
| 10 | Board. The Chairman may approve any unopposed application that | ||||||
| 11 | meets all of the review criteria or refer them to the full | ||||||
| 12 | Board. | ||||||
| 13 | Such rules shall
not abridge the right of the Center for | ||||||
| 14 | Comprehensive Health Planning to make
recommendations on the | ||||||
| 15 | classification and approval of projects, nor shall
such rules | ||||||
| 16 | prevent the conduct of a public hearing upon the timely request
| ||||||
| 17 | of an interested party. Such reviews shall not exceed 60 days | ||||||
| 18 | from the
date the application is declared to be complete.
| ||||||
| 19 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
| 20 | pertaining to the granting of permits for
construction
and | ||||||
| 21 | modifications which are emergent in nature and must be | ||||||
| 22 | undertaken
immediately to prevent or correct structural | ||||||
| 23 | deficiencies or hazardous
conditions that may harm or injure | ||||||
| 24 | persons using the facility, as defined
in the rules and | ||||||
| 25 | regulations of the State Board. This procedure is exempt
from | ||||||
| 26 | public hearing requirements of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
| 2 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
| 3 | days, of applications for permits for projects to
construct or | ||||||
| 4 | modify health care facilities which are needed for the care
and | ||||||
| 5 | treatment of persons who have acquired immunodeficiency | ||||||
| 6 | syndrome (AIDS)
or related conditions.
| ||||||
| 7 | (11) Issue written decisions upon request of the applicant | ||||||
| 8 | or an adversely affected party to the Board. Requests for a | ||||||
| 9 | written decision shall be made within 15 days after the Board | ||||||
| 10 | meeting in which a final decision has been made. A "final | ||||||
| 11 | decision" for purposes of this Act is the decision to approve | ||||||
| 12 | or deny an application, or take other actions permitted under | ||||||
| 13 | this Act, at the time and date of the meeting that such action | ||||||
| 14 | is scheduled by the Board. State Board members shall provide | ||||||
| 15 | their rationale when voting on an item before the State Board | ||||||
| 16 | at a State Board meeting in order to comply with subsection (b) | ||||||
| 17 | of Section 3-108 of the Administrative Review Law of the Code | ||||||
| 18 | of Civil Procedure. The transcript of the State Board meeting | ||||||
| 19 | shall be incorporated into the Board's final decision. The | ||||||
| 20 | staff of the Board shall prepare a written copy of the final | ||||||
| 21 | decision and the Board shall approve a final copy for inclusion | ||||||
| 22 | in the formal record. The Board shall consider, for approval, | ||||||
| 23 | the written draft of the final decision no later than the next | ||||||
| 24 | scheduled Board meeting. The written decision shall identify | ||||||
| 25 | the applicable criteria and factors listed in this Act and the | ||||||
| 26 | Board's regulations that were taken into consideration by the | ||||||
| |||||||
| |||||||
| 1 | Board when coming to a final decision. If the Board denies or | ||||||
| 2 | fails to approve an application for permit or exemption, the | ||||||
| 3 | Board shall include in the final decision a detailed | ||||||
| 4 | explanation as to why the application was denied and identify | ||||||
| 5 | what specific criteria or standards the applicant did not | ||||||
| 6 | fulfill. | ||||||
| 7 | (12) Require at least one of its members to participate in | ||||||
| 8 | any public hearing, after the appointment of a majority of the | ||||||
| 9 | members to the Board. | ||||||
| 10 | (13) Provide a mechanism for the public to comment on, and | ||||||
| 11 | request changes to, draft rules and standards. | ||||||
| 12 | (14) Implement public information campaigns to regularly | ||||||
| 13 | inform the general public about the opportunity for public | ||||||
| 14 | hearings and public hearing procedures. | ||||||
| 15 | (15) Establish a separate set of rules and guidelines for | ||||||
| 16 | long-term care that recognizes that nursing homes are a | ||||||
| 17 | different business line and service model from other regulated | ||||||
| 18 | facilities. An open and transparent process shall be developed | ||||||
| 19 | that considers the following: how skilled nursing fits in the | ||||||
| 20 | continuum of care with other care providers, modernization of | ||||||
| 21 | nursing homes, establishment of more private rooms, | ||||||
| 22 | development of alternative services, and current trends in | ||||||
| 23 | long-term care services.
The Chairman of the Board shall | ||||||
| 24 | appoint a permanent Health Services Review Board Long-term Care | ||||||
| 25 | Facility Advisory Subcommittee that shall develop and | ||||||
| 26 | recommend to the Board the rules to be established by the Board | ||||||
| |||||||
| |||||||
| 1 | under this paragraph (15). The Subcommittee shall also provide | ||||||
| 2 | continuous review and commentary on policies and procedures | ||||||
| 3 | relative to long-term care and the review of related projects. | ||||||
| 4 | In consultation with other experts from the health field of | ||||||
| 5 | long-term care, the Board and the Subcommittee shall study new | ||||||
| 6 | approaches to the current bed need formula and Health Service | ||||||
| 7 | Area boundaries to encourage flexibility and innovation in | ||||||
| 8 | design models reflective of the changing long-term care | ||||||
| 9 | marketplace and consumer preferences. The Subcommittee shall | ||||||
| 10 | evaluate, and make recommendations to the State Board | ||||||
| 11 | regarding, the buying, selling, and exchange of beds between | ||||||
| 12 | long-term care facilities within a specified geographic area or | ||||||
| 13 | drive time. The Board shall file the proposed related | ||||||
| 14 | administrative rules for the separate rules and guidelines for | ||||||
| 15 | long-term care required by this paragraph (15) by no later than | ||||||
| 16 | September 30, 2011. The Subcommittee shall be provided a | ||||||
| 17 | reasonable and timely opportunity to review and comment on any | ||||||
| 18 | review, revision, or updating of the criteria, standards, | ||||||
| 19 | procedures, and rules used to evaluate project applications as | ||||||
| 20 | provided under Section 12.3 of this Act. | ||||||
| 21 | (16) Prescribe and provide forms pertaining to the State | ||||||
| 22 | Board Staff Report. A State Board Staff Report shall pertain to | ||||||
| 23 | applications that include, but are not limited to, applications | ||||||
| 24 | for permit or exemption, applications for permit renewal, | ||||||
| 25 | applications for extension of the obligation period, | ||||||
| 26 | applications requesting a declaratory ruling, or applications | ||||||
| |||||||
| |||||||
| 1 | under the Health Care Worker Self-Referral Self Referral Act. | ||||||
| 2 | State Board Staff Reports shall compare applications to the | ||||||
| 3 | relevant review criteria under the Board's rules. | ||||||
| 4 | (17) (16) Establish a separate set of rules and guidelines | ||||||
| 5 | for facilities licensed under the Specialized Mental Health | ||||||
| 6 | Rehabilitation Act of 2013. An application for the | ||||||
| 7 | re-establishment of a facility in connection with the | ||||||
| 8 | relocation of the facility shall not be granted unless the | ||||||
| 9 | applicant has a contractual relationship with at least one | ||||||
| 10 | hospital to provide emergency and inpatient mental health | ||||||
| 11 | services required by facility consumers, and at least one | ||||||
| 12 | community mental health agency to provide oversight and | ||||||
| 13 | assistance to facility consumers while living in the facility, | ||||||
| 14 | and appropriate services, including case management, to assist | ||||||
| 15 | them to prepare for discharge and reside stably in the | ||||||
| 16 | community thereafter. No new facilities licensed under the | ||||||
| 17 | Specialized Mental Health Rehabilitation Act of 2013 shall be | ||||||
| 18 | established after June 16, 2014 (the effective date of Public | ||||||
| 19 | Act 98-651) this amendatory Act of the 98th General Assembly | ||||||
| 20 | except in connection with the relocation of an existing | ||||||
| 21 | facility to a new location. An application for a new location | ||||||
| 22 | shall not be approved unless there are adequate community | ||||||
| 23 | services accessible to the consumers within a reasonable | ||||||
| 24 | distance, or by use of public transportation, so as to | ||||||
| 25 | facilitate the goal of achieving maximum individual self-care | ||||||
| 26 | and independence. At no time shall the total number of | ||||||
| |||||||
| |||||||
| 1 | authorized beds under this Act in facilities licensed under the | ||||||
| 2 | Specialized Mental Health Rehabilitation Act of 2013 exceed the | ||||||
| 3 | number of authorized beds on June 16, 2014 (the effective date | ||||||
| 4 | of Public Act 98-651) this amendatory Act of the 98th General | ||||||
| 5 | Assembly. | ||||||
| 6 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 7 | eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12; | ||||||
| 8 | 98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
| 9 | 6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
| ||||||
| 10 | Section 110. The Home Repair and Construction Task Force | ||||||
| 11 | Act is amended by changing Section 20 as follows:
| ||||||
| 12 | (20 ILCS 5050/20) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 14 | Sec. 20. Duties. The Task Force shall: | ||||||
| 15 | (1) discuss whether the residents of Illinois would | ||||||
| 16 | benefit from legislation requiring home repair and | ||||||
| 17 | construction service providers to obtain a license from the | ||||||
| 18 | Department of Financial and Professional Regulation before | ||||||
| 19 | offering these theses services in Illinois; | ||||||
| 20 | (2) if it is determined that licensure is required, | ||||||
| 21 | determine: | ||||||
| 22 | (A) the requirements applicants must meet to | ||||||
| 23 | qualify for a license; | ||||||
| 24 | (B) grounds for denial or revocation of a license; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (C) any other considerations relevant to a | ||||||
| 3 | licensing requirement; and | ||||||
| 4 | (3) make recommendations to the General Assembly.
| ||||||
| 5 | (Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.)
| ||||||
| 6 | Section 115. The State Finance Act is amended by setting | ||||||
| 7 | forth and renumbering multiple
versions of Section 5.855 and by | ||||||
| 8 | changing Sections 6z-43 and 8.12 as follows:
| ||||||
| 9 | (30 ILCS 105/5.855) | ||||||
| 10 | Sec. 5.855. The Special Olympics Illinois and Special | ||||||
| 11 | Children's Charities Fund. | ||||||
| 12 | (Source: P.A. 98-649, eff. 6-16-14.)
| ||||||
| 13 | (30 ILCS 105/5.856) | ||||||
| 14 | Sec. 5.856 5.855. The Supportive Living Facility Fund. | ||||||
| 15 | (Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.)
| ||||||
| 16 | (30 ILCS 105/5.857) | ||||||
| 17 | (Section scheduled to be repealed on July 1, 2016) | ||||||
| 18 | Sec. 5.857 5.855. The Capital Development Board Revolving | ||||||
| 19 | Fund. This Section is repealed July 1, 2016.
| ||||||
| 20 | (Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.)
| ||||||
| 21 | (30 ILCS 105/5.858) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5.858 5.855. The Hospital Licensure Fund. | ||||||
| 2 | (Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.)
| ||||||
| 3 | (30 ILCS 105/5.859) | ||||||
| 4 | Sec. 5.859 5.855. The Illinois National Guard Billeting | ||||||
| 5 | Fund. | ||||||
| 6 | (Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.)
| ||||||
| 7 | (30 ILCS 105/5.860) | ||||||
| 8 | Sec. 5.860 5.855. The Job Opportunities for Qualified | ||||||
| 9 | Applicants Enforcement Fund. | ||||||
| 10 | (Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.)
| ||||||
| 11 | (30 ILCS 105/5.861) | ||||||
| 12 | Sec. 5.861 5.855. The Distance Learning Fund. | ||||||
| 13 | (Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.)
| ||||||
| 14 | (30 ILCS 105/5.862) | ||||||
| 15 | Sec. 5.862 5.855. The State Treasurer's Administrative | ||||||
| 16 | Fund. | ||||||
| 17 | (Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.)
| ||||||
| 18 | (30 ILCS 105/5.863) | ||||||
| 19 | Sec. 5.863 5.855. The Stroke Data Collection Fund. | ||||||
| 20 | (Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.864) | ||||||
| 2 | Sec. 5.864 5.855. The Natural Resources Restoration Trust | ||||||
| 3 | Fund. | ||||||
| 4 | (Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.)
| ||||||
| 5 | (30 ILCS 105/5.865) | ||||||
| 6 | Sec. 5.865 5.855. The Specialized Services for Survivors of | ||||||
| 7 | Human Trafficking Fund. | ||||||
| 8 | (Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.)
| ||||||
| 9 | (30 ILCS 105/5.867) | ||||||
| 10 | (This Section may contain text from a Public Act with a | ||||||
| 11 | delayed effective date) | ||||||
| 12 | Sec. 5.867 5.855. The Illinois Secure Choice | ||||||
| 13 | Administrative Fund. | ||||||
| 14 | (Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)
| ||||||
| 15 | (30 ILCS 105/6z-43)
| ||||||
| 16 | Sec. 6z-43. Tobacco Settlement Recovery Fund.
| ||||||
| 17 | (a) There is created in the State Treasury a special fund | ||||||
| 18 | to be known
as the Tobacco Settlement Recovery Fund, which | ||||||
| 19 | shall contain 3 accounts: (i) the General Account, (ii) the | ||||||
| 20 | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco | ||||||
| 21 | Settlement Residual Account. There shall be deposited into the | ||||||
| 22 | several accounts of the Tobacco Settlement Recovery Fund
and | ||||||
| 23 | the Attorney General Tobacco Fund all monies paid to the State | ||||||
| |||||||
| |||||||
| 1 | pursuant to (1) the Master Settlement Agreement
entered in the | ||||||
| 2 | case of People of the State of Illinois v. Philip Morris, et | ||||||
| 3 | al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any | ||||||
| 4 | settlement with or
judgment against any tobacco product | ||||||
| 5 | manufacturer other than one participating
in the Master | ||||||
| 6 | Settlement Agreement in satisfaction of any released claim as
| ||||||
| 7 | defined in the Master Settlement Agreement, as well as any | ||||||
| 8 | other monies as
provided by law. Moneys shall be deposited into
| ||||||
| 9 | the Tobacco Settlement Bond Proceeds Account and the Tobacco | ||||||
| 10 | Settlement Residual Account as provided by the terms of the | ||||||
| 11 | Railsplitter Tobacco Settlement Authority Act, provided that | ||||||
| 12 | an annual amount not less than $2,500,000, subject to | ||||||
| 13 | appropriation, shall be deposited into the Attorney General | ||||||
| 14 | Tobacco Fund for use only by the Attorney General's office. The | ||||||
| 15 | scheduled $2,500,000 deposit into the Tobacco Settlement | ||||||
| 16 | Residual Account for fiscal year 2011 should be transferred to | ||||||
| 17 | the Attorney General Tobacco Fund in fiscal year 2012 as soon | ||||||
| 18 | as this fund has been established. All other moneys available | ||||||
| 19 | to be deposited into the Tobacco Settlement Recovery Fund shall | ||||||
| 20 | be deposited into the General Account. An investment made from | ||||||
| 21 | moneys credited to a specific account constitutes part of that | ||||||
| 22 | account and such account shall be credited with all income from | ||||||
| 23 | the investment of such moneys. The Treasurer
may invest the | ||||||
| 24 | moneys in the several accounts the Fund in the same manner, in | ||||||
| 25 | the same types of
investments, and subject to the same | ||||||
| 26 | limitations provided in the Illinois
Pension Code for the | ||||||
| |||||||
| |||||||
| 1 | investment of pension funds other than those established
under | ||||||
| 2 | Article 3 or 4 of the Code. Notwithstanding the foregoing, to | ||||||
| 3 | the extent necessary to preserve the tax-exempt status of any | ||||||
| 4 | bonds issued pursuant to the Railsplitter Tobacco Settlement | ||||||
| 5 | Authority Act, the interest on which is intended to be | ||||||
| 6 | excludable from the gross income of the owners for federal | ||||||
| 7 | income tax purposes, moneys on deposit in the Tobacco | ||||||
| 8 | Settlement Bond Proceeds Account and the Tobacco Settlement | ||||||
| 9 | Residual Account may be invested in obligations the interest | ||||||
| 10 | upon which is tax-exempt under the provisions of Section 103 of | ||||||
| 11 | the Internal Revenue Code of 1986, as now or hereafter amended, | ||||||
| 12 | or any successor code or provision.
| ||||||
| 13 | (b) Moneys on deposit in the Tobacco Settlement Bond | ||||||
| 14 | Proceeds Account and the Tobacco Settlement Residual Account | ||||||
| 15 | may be expended, subject to appropriation, for the purposes | ||||||
| 16 | authorized in subsection (g) of Section 3-6 Section 6(g) of the | ||||||
| 17 | Railsplitter Tobacco Settlement Authority Act. | ||||||
| 18 | (c) As soon as may be practical after June 30, 2001, upon | ||||||
| 19 | notification
from and at the direction of the Governor, the | ||||||
| 20 | State Comptroller shall direct
and the State Treasurer shall | ||||||
| 21 | transfer the unencumbered balance in the Tobacco
Settlement | ||||||
| 22 | Recovery Fund as of June 30, 2001, as determined by the | ||||||
| 23 | Governor,
into the Budget Stabilization Fund. The Treasurer may | ||||||
| 24 | invest the moneys in the
Budget Stabilization Fund in the same | ||||||
| 25 | manner, in the same types of investments,
and subject to the | ||||||
| 26 | same limitations provided in the Illinois Pension Code for
the | ||||||
| |||||||
| |||||||
| 1 | investment of pension funds other than those established under | ||||||
| 2 | Article 3 or
4 of the Code.
| ||||||
| 3 | (d) All federal financial participation moneys received
| ||||||
| 4 | pursuant to expenditures from the Fund shall be deposited into | ||||||
| 5 | the General Account.
| ||||||
| 6 | (Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised | ||||||
| 7 | 12-1-14.)
| ||||||
| 8 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
| 9 | Sec. 8.12. State Pensions Fund.
| ||||||
| 10 | (a) The moneys in the State Pensions Fund shall be used | ||||||
| 11 | exclusively
for the administration of the Uniform Disposition | ||||||
| 12 | of Unclaimed Property Act and
for the expenses incurred by the | ||||||
| 13 | Auditor General for administering the provisions of Section | ||||||
| 14 | 2-8.1 of the Illinois State Auditing Act and for the funding of | ||||||
| 15 | the unfunded liabilities of the designated retirement systems. | ||||||
| 16 | Beginning in State fiscal year 2016, payments to the designated | ||||||
| 17 | retirement systems under this Section shall be in addition to, | ||||||
| 18 | and not in lieu of, any State contributions required under the | ||||||
| 19 | Illinois Pension Code.
| ||||||
| 20 | "Designated retirement systems" means:
| ||||||
| 21 | (1) the State Employees' Retirement System of | ||||||
| 22 | Illinois;
| ||||||
| 23 | (2) the Teachers' Retirement System of the State of | ||||||
| 24 | Illinois;
| ||||||
| 25 | (3) the State Universities Retirement System;
| ||||||
| |||||||
| |||||||
| 1 | (4) the Judges Retirement System of Illinois; and
| ||||||
| 2 | (5) the General Assembly Retirement System.
| ||||||
| 3 | (b) Each year the General Assembly may make appropriations | ||||||
| 4 | from
the State Pensions Fund for the administration of the | ||||||
| 5 | Uniform Disposition of
Unclaimed Property Act.
| ||||||
| 6 | Each month, the Commissioner of the Office of Banks and | ||||||
| 7 | Real Estate shall
certify to the State Treasurer the actual | ||||||
| 8 | expenditures that the Office of
Banks and Real Estate incurred | ||||||
| 9 | conducting unclaimed property examinations under
the Uniform | ||||||
| 10 | Disposition of Unclaimed Property Act during the immediately
| ||||||
| 11 | preceding month. Within a reasonable
time following the | ||||||
| 12 | acceptance of such certification by the State Treasurer, the
| ||||||
| 13 | State Treasurer shall pay from its appropriation from the State | ||||||
| 14 | Pensions Fund
to the Bank and Trust Company Fund, the Savings | ||||||
| 15 | Bank Regulatory Fund, and the Residential Finance
Regulatory | ||||||
| 16 | Fund an amount equal to the expenditures incurred by each Fund | ||||||
| 17 | for
that month.
| ||||||
| 18 | Each month, the Director of Financial Institutions shall
| ||||||
| 19 | certify to the State Treasurer the actual expenditures that the | ||||||
| 20 | Department of
Financial Institutions incurred conducting | ||||||
| 21 | unclaimed property examinations
under the Uniform Disposition | ||||||
| 22 | of Unclaimed Property Act during the immediately
preceding | ||||||
| 23 | month. Within a reasonable time following the acceptance of | ||||||
| 24 | such
certification by the State Treasurer, the State Treasurer | ||||||
| 25 | shall pay from its
appropriation from the State Pensions Fund
| ||||||
| 26 | to the Financial Institution Fund and the Credit Union Fund
an | ||||||
| |||||||
| |||||||
| 1 | amount equal to the expenditures incurred by each Fund for
that | ||||||
| 2 | month.
| ||||||
| 3 | (c) As soon as possible after the effective date of this | ||||||
| 4 | amendatory Act of the 93rd General Assembly, the General | ||||||
| 5 | Assembly shall appropriate from the State Pensions Fund (1) to | ||||||
| 6 | the State Universities Retirement System the amount certified | ||||||
| 7 | under Section 15-165 during the prior year, (2) to the Judges | ||||||
| 8 | Retirement System of Illinois the amount certified under | ||||||
| 9 | Section 18-140 during the prior year, and (3) to the General | ||||||
| 10 | Assembly Retirement System the amount certified under Section | ||||||
| 11 | 2-134 during the prior year as part of the required
State | ||||||
| 12 | contributions to each of those designated retirement systems; | ||||||
| 13 | except that amounts appropriated under this subsection (c) in | ||||||
| 14 | State fiscal year 2005 shall not reduce the amount in the State | ||||||
| 15 | Pensions Fund below $5,000,000. If the amount in the State | ||||||
| 16 | Pensions Fund does not exceed the sum of the amounts certified | ||||||
| 17 | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||||||
| 18 | the amount paid to each designated retirement system under this | ||||||
| 19 | subsection shall be reduced in proportion to the amount | ||||||
| 20 | certified by each of those designated retirement systems.
| ||||||
| 21 | (c-5) For fiscal years 2006 through 2015, the General | ||||||
| 22 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
| 23 | State Universities Retirement System the amount estimated to be | ||||||
| 24 | available during the fiscal year in the State Pensions Fund; | ||||||
| 25 | provided, however, that the amounts appropriated under this | ||||||
| 26 | subsection (c-5) shall not reduce the amount in the State | ||||||
| |||||||
| |||||||
| 1 | Pensions Fund below $5,000,000.
| ||||||
| 2 | (c-6) For fiscal year 2016 and each fiscal year thereafter, | ||||||
| 3 | as soon as may be practical after any money is deposited into | ||||||
| 4 | the State Pensions Fund from the Unclaimed Property Trust Fund, | ||||||
| 5 | the State Treasurer shall apportion the deposited amount among | ||||||
| 6 | the designated retirement systems as defined in subsection (a) | ||||||
| 7 | to reduce their actuarial reserve deficiencies. The State | ||||||
| 8 | Comptroller and State Treasurer shall pay the apportioned | ||||||
| 9 | amounts to the designated retirement systems to fund the | ||||||
| 10 | unfunded liabilities of the designated retirement systems. The | ||||||
| 11 | amount apportioned to each designated retirement system shall | ||||||
| 12 | constitute a portion of the amount estimated to be available | ||||||
| 13 | for appropriation from the State Pensions Fund that is the same | ||||||
| 14 | as that retirement system's portion of the total actual reserve | ||||||
| 15 | deficiency of the systems, as determined annually by the | ||||||
| 16 | Governor's Office of Management and Budget at the request of | ||||||
| 17 | the State Treasurer. The amounts apportioned under this | ||||||
| 18 | subsection shall not reduce the amount in the State Pensions | ||||||
| 19 | Fund below $5,000,000. | ||||||
| 20 | (d) The
Governor's Office of Management and Budget shall | ||||||
| 21 | determine the individual and total
reserve deficiencies of the | ||||||
| 22 | designated retirement systems. For this purpose,
the
| ||||||
| 23 | Governor's Office of Management and Budget shall utilize the | ||||||
| 24 | latest available audit and actuarial
reports of each of the | ||||||
| 25 | retirement systems and the relevant reports and
statistics of | ||||||
| 26 | the Public Employee Pension Fund Division of the Department of
| ||||||
| |||||||
| |||||||
| 1 | Insurance.
| ||||||
| 2 | (d-1) As soon as practicable after the effective date of | ||||||
| 3 | this
amendatory Act of the 93rd General Assembly, the | ||||||
| 4 | Comptroller shall
direct and the Treasurer shall transfer from | ||||||
| 5 | the State Pensions Fund to
the General Revenue Fund, as funds | ||||||
| 6 | become available, a sum equal to the
amounts that would have | ||||||
| 7 | been paid
from the State Pensions Fund to the Teachers' | ||||||
| 8 | Retirement System of the State
of Illinois,
the State | ||||||
| 9 | Universities Retirement System, the Judges Retirement
System | ||||||
| 10 | of Illinois, the
General Assembly Retirement System, and the | ||||||
| 11 | State Employees'
Retirement System
of Illinois
after the | ||||||
| 12 | effective date of this
amendatory Act during the remainder of | ||||||
| 13 | fiscal year 2004 to the
designated retirement systems from the | ||||||
| 14 | appropriations provided for in
this Section if the transfers | ||||||
| 15 | provided in Section 6z-61 had not
occurred. The transfers | ||||||
| 16 | described in this subsection (d-1) are to
partially repay the | ||||||
| 17 | General Revenue Fund for the costs associated with
the bonds | ||||||
| 18 | used to fund the moneys transferred to the designated
| ||||||
| 19 | retirement systems under Section 6z-61.
| ||||||
| 20 | (e) The changes to this Section made by this amendatory Act | ||||||
| 21 | of 1994 shall
first apply to distributions from the Fund for | ||||||
| 22 | State fiscal year 1996.
| ||||||
| 23 | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||||||
| 24 | eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14; | ||||||
| 25 | 98-1081, eff. 1-1-15; revised 10-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 120. The Public Funds Investment Act is amended by | ||||||
| 2 | changing Section 6.5 as follows:
| ||||||
| 3 | (30 ILCS 235/6.5) | ||||||
| 4 | Sec. 6.5. Federally insured deposits at Illinois financial | ||||||
| 5 | institutions. | ||||||
| 6 | (a) Notwithstanding any other provision of this Act or any | ||||||
| 7 | other statute, whenever a public agency invests public funds in | ||||||
| 8 | an interest-bearing savings account, demand deposit account, | ||||||
| 9 | interest-bearing certificate of deposit, or interest-bearing | ||||||
| 10 | time deposit under Section 2 of this Act, the provisions of | ||||||
| 11 | Section 6 of this Act and any other statutory requirements | ||||||
| 12 | pertaining to the eligibility of a bank to receive or hold | ||||||
| 13 | public deposits or to the pledging of collateral by a bank to | ||||||
| 14 | secure public deposits do not apply to any bank receiving or | ||||||
| 15 | holding all or part of the invested public funds if (i) the | ||||||
| 16 | public agency initiates the investment at or through a bank | ||||||
| 17 | located in Illinois and (ii) the invested public funds are at | ||||||
| 18 | all times fully insured by an agency or instrumentality of the | ||||||
| 19 | federal government. | ||||||
| 20 | (b) Nothing in this Section is intended to: | ||||||
| 21 | (1) prohibit a public agency from requiring the bank at | ||||||
| 22 | or through which the investment of public funds is | ||||||
| 23 | initiated to provide the public agency with the information | ||||||
| 24 | otherwise required by subsection (a), (b), or (c) of | ||||||
| 25 | Section 6 of this Act as a condition of investing the | ||||||
| |||||||
| |||||||
| 1 | public funds at or through that bank; or | ||||||
| 2 | (2) permit a bank to receive or hold public deposits if | ||||||
| 3 | that bank is prohibited from doing so by any rule, | ||||||
| 4 | sanction, or order issued by a regulatory agency or by a | ||||||
| 5 | court. | ||||||
| 6 | (c) For purposes of this Section, the term "bank" includes | ||||||
| 7 | any person doing a banking business whether subject to the laws | ||||||
| 8 | of this or any other jurisdiction.
| ||||||
| 9 | (Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14; | ||||||
| 10 | revised 10-2-14.)
| ||||||
| 11 | Section 125. The Illinois Coal Technology Development | ||||||
| 12 | Assistance Act is amended by changing Section 3 as follows:
| ||||||
| 13 | (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
| ||||||
| 14 | Sec. 3. Transfers to Coal Technology Development | ||||||
| 15 | Assistance Fund Funds. As soon
as may be practicable after the | ||||||
| 16 | first day of each month, the Department of
Revenue shall | ||||||
| 17 | certify to the Treasurer an amount equal to 1/64 of the revenue
| ||||||
| 18 | realized from the tax imposed by the Electricity Excise Tax | ||||||
| 19 | Law, Section 2
of the Public Utilities Revenue Act,
Section 2 | ||||||
| 20 | of the Messages Tax Act, and Section 2 of the Gas Revenue Tax | ||||||
| 21 | Act,
during the preceding month. Upon receipt of the | ||||||
| 22 | certification, the Treasurer
shall transfer the amount shown on | ||||||
| 23 | such certification from the General Revenue
Fund to the Coal | ||||||
| 24 | Technology Development Assistance Fund, which is hereby
| ||||||
| |||||||
| |||||||
| 1 | created as a special fund in the State treasury, except that no | ||||||
| 2 | transfer shall
be made in any month in which the Fund has | ||||||
| 3 | reached the following balance:
| ||||||
| 4 | (1) $7,000,000 during fiscal year 1994.
| ||||||
| 5 | (2) $8,500,000 during fiscal year 1995.
| ||||||
| 6 | (3) $10,000,000 during fiscal years 1996 and 1997.
| ||||||
| 7 | (4) During fiscal year 1998 through fiscal year 2004, | ||||||
| 8 | an amount
equal to the sum of $10,000,000 plus additional | ||||||
| 9 | moneys
deposited into the Coal Technology Development | ||||||
| 10 | Assistance Fund from the
Renewable Energy Resources and | ||||||
| 11 | Coal Technology Development Assistance Charge
under | ||||||
| 12 | Section 6.5 of the Renewable Energy, Energy Efficiency, and | ||||||
| 13 | Coal
Resources Development Law of 1997. | ||||||
| 14 | (5) During fiscal year 2005, an amount equal to the sum | ||||||
| 15 | of $7,000,000 plus additional moneys
deposited into the | ||||||
| 16 | Coal Technology Development Assistance Fund from the
| ||||||
| 17 | Renewable Energy Resources and Coal Technology Development | ||||||
| 18 | Assistance Charge
under Section 6.5 of the Renewable | ||||||
| 19 | Energy, Energy Efficiency, and Coal
Resources Development | ||||||
| 20 | Law of 1997. | ||||||
| 21 | (6) During fiscal year 2006 and each fiscal year | ||||||
| 22 | thereafter, an amount equal to the sum of $10,000,000 plus | ||||||
| 23 | additional moneys
deposited into the Coal Technology | ||||||
| 24 | Development Assistance Fund from the
Renewable Energy | ||||||
| 25 | Resources and Coal Technology Development Assistance | ||||||
| 26 | Charge
under Section 6.5 of the Renewable Energy, Energy | ||||||
| |||||||
| |||||||
| 1 | Efficiency, and Coal
Resources Development Law of 1997.
| ||||||
| 2 | (Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
| ||||||
| 3 | Section 130. The Charitable Trust Stabilization Act is | ||||||
| 4 | amended by changing Section 10 as follows:
| ||||||
| 5 | (30 ILCS 790/10)
| ||||||
| 6 | Sec. 10. The Charitable Trust Stabilization Committee. | ||||||
| 7 | (a) The Charitable Trust Stabilization Committee is | ||||||
| 8 | created. The Committee consists of the following members: | ||||||
| 9 | (1) the Attorney General or his or her designee, who | ||||||
| 10 | shall serve as co-chair of the Committee; | ||||||
| 11 | (2) a member that represents the Office of the State | ||||||
| 12 | Treasurer that is appointed by the Treasurer, who shall | ||||||
| 13 | serve as co-chair of the Committee; | ||||||
| 14 | (3) the Lieutenant Governor or his or her designee; | ||||||
| 15 | (4) the Director of Commerce and Economic Opportunity | ||||||
| 16 | or his or her designee; | ||||||
| 17 | (5) the chief executive officer of the Division of | ||||||
| 18 | Financial Institutions in the Department of Financial and | ||||||
| 19 | Professional Regulation Regulations or his or her | ||||||
| 20 | designee; and | ||||||
| 21 | (6) six private citizens, who shall serve a term of 6 | ||||||
| 22 | years, appointed by the State Treasurer with advice and | ||||||
| 23 | consent of the Senate. | ||||||
| 24 | (b) The State Treasurer shall adopt rules, including | ||||||
| |||||||
| |||||||
| 1 | procedures and criteria for grant awards. The Committee must | ||||||
| 2 | meet at least once each
calendar
quarter, and it may establish | ||||||
| 3 | committees and officers as it deems necessary.
For purposes of | ||||||
| 4 | Committee meetings, a quorum is a majority of the members.
| ||||||
| 5 | Meetings of the Committee are subject to the Open Meetings Act.
| ||||||
| 6 | The Committee must afford an opportunity for public comment at | ||||||
| 7 | each of its meetings. | ||||||
| 8 | (c) Committee members shall serve without compensation, | ||||||
| 9 | but may be
reimbursed
for their reasonable travel expenses from | ||||||
| 10 | funds available for that purpose. The
Office of the State | ||||||
| 11 | Treasurer shall, subject to appropriation, provide staff and
| ||||||
| 12 | administrative support services to the Committee. | ||||||
| 13 | (d) The State Treasurer shall administer the Charitable | ||||||
| 14 | Trust Stabilization Fund. | ||||||
| 15 | The State Treasurer may transfer all or a portion of the | ||||||
| 16 | balance of the fund to a third-party administrator to fulfill | ||||||
| 17 | the mission of the Committee and the purposes of the fund in | ||||||
| 18 | accordance with this Act and in compliance with Section 5(c) of | ||||||
| 19 | this Act.
| ||||||
| 20 | (Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.)
| ||||||
| 21 | Section 135. The State Mandates Act is amended by changing | ||||||
| 22 | Section 8.38 as follows:
| ||||||
| 23 | (30 ILCS 805/8.38) | ||||||
| 24 | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| |||||||
| |||||||
| 1 | of this Act, no reimbursement by the State is required for the | ||||||
| 2 | implementation of any mandate created by Public Act 98-641, | ||||||
| 3 | 98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the | ||||||
| 4 | 98th General Assembly.
| ||||||
| 5 | (Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729, | ||||||
| 6 | eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15; | ||||||
| 7 | revised 10-6-14.)
| ||||||
| 8 | Section 140. The Illinois Income Tax Act is amended by | ||||||
| 9 | changing Section 901 as follows:
| ||||||
| 10 | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||||||
| 11 | Sec. 901. Collection authority. | ||||||
| 12 | (a) In general. | ||||||
| 13 | The Department shall collect the taxes imposed by this Act. | ||||||
| 14 | The Department
shall collect certified past due child support | ||||||
| 15 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
| 16 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | ||||||
| 17 | (e), (f), (g), and (h) of this Section, money collected
| ||||||
| 18 | pursuant to subsections (a) and (b) of Section 201 of this Act | ||||||
| 19 | shall be
paid into the General Revenue Fund in the State | ||||||
| 20 | treasury; money
collected pursuant to subsections (c) and (d) | ||||||
| 21 | of Section 201 of this Act
shall be paid into the Personal | ||||||
| 22 | Property Tax Replacement Fund, a special
fund in the State | ||||||
| 23 | Treasury; and money collected under Section 2505-650 of the
| ||||||
| 24 | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
| ||||||
| |||||||
| |||||||
| 1 | into the
Child Support Enforcement Trust Fund, a special fund | ||||||
| 2 | outside the State
Treasury, or
to the State
Disbursement Unit | ||||||
| 3 | established under Section 10-26 of the Illinois Public Aid
| ||||||
| 4 | Code, as directed by the Department of Healthcare and Family | ||||||
| 5 | Services. | ||||||
| 6 | (b) Local Government Distributive Fund. | ||||||
| 7 | Beginning August 1, 1969, and continuing through June 30, | ||||||
| 8 | 1994, the Treasurer
shall transfer each month from the General | ||||||
| 9 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
| 10 | known as the "Local Government Distributive Fund", an
amount | ||||||
| 11 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
| 12 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
| 13 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
| 14 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
| 15 | from the General Revenue Fund to the Local Government
| ||||||
| 16 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
| 17 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
| 18 | Section 201 of this Act during the
preceding month. Beginning | ||||||
| 19 | July 1, 1995 and continuing through January 31, 2011, the | ||||||
| 20 | Treasurer shall transfer each
month from the General Revenue | ||||||
| 21 | Fund to the Local Government Distributive Fund
an amount equal | ||||||
| 22 | to the net of (i) 1/10 of the net revenue realized from the
tax | ||||||
| 23 | imposed by
subsections (a) and (b) of Section 201 of the | ||||||
| 24 | Illinois Income Tax Act during
the preceding month
(ii) minus, | ||||||
| 25 | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||||||
| 26 | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | ||||||
| |||||||
| |||||||
| 1 | and continuing through January 31, 2015, the Treasurer shall | ||||||
| 2 | transfer each month from the General Revenue Fund to the Local | ||||||
| 3 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
| 4 | 6% (10% of the ratio of the 3% individual income tax rate prior | ||||||
| 5 | to 2011 to the 5% individual income tax rate after 2010) of the | ||||||
| 6 | net revenue realized from the tax imposed by subsections (a) | ||||||
| 7 | and (b) of Section 201 of this Act upon individuals, trusts, | ||||||
| 8 | and estates during the preceding month and (ii) 6.86% (10% of | ||||||
| 9 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
| 10 | to the 7% corporate income tax rate after 2010) of the net | ||||||
| 11 | revenue realized from the tax imposed by subsections (a) and | ||||||
| 12 | (b) of Section 201 of this Act upon corporations during the | ||||||
| 13 | preceding month. Beginning February 1, 2015 and continuing | ||||||
| 14 | through January 31, 2025, the Treasurer shall transfer each | ||||||
| 15 | month from the General Revenue Fund to the Local Government | ||||||
| 16 | Distributive Fund an amount equal to the sum of (i) 8% (10% of | ||||||
| 17 | the ratio of the 3% individual income tax rate prior to 2011 to | ||||||
| 18 | the 3.75% individual income tax rate after 2014) of the net | ||||||
| 19 | revenue realized from the tax imposed by subsections (a) and | ||||||
| 20 | (b) of Section 201 of this Act upon individuals, trusts, and | ||||||
| 21 | estates during the preceding month and (ii) 9.14% (10% of the | ||||||
| 22 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
| 23 | the 5.25% corporate income tax rate after 2014) of the net | ||||||
| 24 | revenue realized from the tax imposed by subsections (a) and | ||||||
| 25 | (b) of Section 201 of this Act upon corporations during the | ||||||
| 26 | preceding month. Beginning February 1, 2025, the Treasurer | ||||||
| |||||||
| |||||||
| 1 | shall transfer each month from the General Revenue Fund to the | ||||||
| 2 | Local Government Distributive Fund an amount equal to the sum | ||||||
| 3 | of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||||||
| 4 | rate prior to 2011 to the 3.25% individual income tax rate | ||||||
| 5 | after 2024) of the net revenue realized from the tax imposed by | ||||||
| 6 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
| 7 | individuals, trusts, and estates during the preceding month and | ||||||
| 8 | (ii) 10% of the net revenue realized from the tax imposed by | ||||||
| 9 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
| 10 | corporations during the preceding month. Net revenue realized | ||||||
| 11 | for a month shall be defined as the
revenue from the tax | ||||||
| 12 | imposed by subsections (a) and (b) of Section 201 of this
Act | ||||||
| 13 | which is deposited in the General Revenue Fund, the Education | ||||||
| 14 | Assistance
Fund, the Income Tax Surcharge Local Government | ||||||
| 15 | Distributive Fund, the Fund for the Advancement of Education, | ||||||
| 16 | and the Commitment to Human Services Fund during the
month | ||||||
| 17 | minus the amount paid out of the General Revenue Fund in State | ||||||
| 18 | warrants
during that same month as refunds to taxpayers for | ||||||
| 19 | overpayment of liability
under the tax imposed by subsections | ||||||
| 20 | (a) and (b) of Section 201 of this Act. | ||||||
| 21 | Beginning on August 26, 2014 (the effective date of Public | ||||||
| 22 | Act 98-1052) this amendatory Act of the 98th General Assembly, | ||||||
| 23 | the Comptroller shall perform the transfers required by this | ||||||
| 24 | subsection (b) no later than 60 days after he or she receives | ||||||
| 25 | the certification from the Treasurer as provided in Section 1 | ||||||
| 26 | of the State Revenue Sharing Act. | ||||||
| |||||||
| |||||||
| 1 | (c) Deposits Into Income Tax Refund Fund. | ||||||
| 2 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
| 3 | Department shall
deposit a percentage of the amounts | ||||||
| 4 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
| 5 | (3), of Section 201 of this Act into a fund in the State
| ||||||
| 6 | treasury known as the Income Tax Refund Fund. The | ||||||
| 7 | Department shall deposit 6%
of such amounts during the | ||||||
| 8 | period beginning January 1, 1989 and ending on June
30, | ||||||
| 9 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
| 10 | fiscal year
thereafter, the percentage deposited into the | ||||||
| 11 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
| 12 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
| 13 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
| 14 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
| 15 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
| 16 | of this amendatory Act of the 93rd General Assembly, the | ||||||
| 17 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
| 18 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
| 19 | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||||||
| 20 | fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||||||
| 21 | fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||||||
| 22 | fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||||||
| 23 | fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||||||
| 24 | fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||||||
| 25 | fiscal year 2013, the Annual Percentage shall be 9.75%. For | ||||||
| 26 | fiscal year 2014, the Annual Percentage shall be 9.5%. For | ||||||
| |||||||
| |||||||
| 1 | fiscal year 2015, the Annual Percentage shall be 10%. For | ||||||
| 2 | all other
fiscal years, the
Annual Percentage shall be | ||||||
| 3 | calculated as a fraction, the numerator of which
shall be | ||||||
| 4 | the amount of refunds approved for payment by the | ||||||
| 5 | Department during
the preceding fiscal year as a result of | ||||||
| 6 | overpayment of tax liability under
subsections (a) and | ||||||
| 7 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
| 8 | amount of such refunds remaining approved but unpaid at the | ||||||
| 9 | end of the
preceding fiscal year, minus the amounts | ||||||
| 10 | transferred into the Income Tax
Refund Fund from the | ||||||
| 11 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
| 12 | which shall be the amounts which will be collected pursuant
| ||||||
| 13 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
| 14 | of this Act during
the preceding fiscal year; except that | ||||||
| 15 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
| 16 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
| 17 | the Annual Percentage to the Comptroller on the last | ||||||
| 18 | business day of
the fiscal year immediately preceding the | ||||||
| 19 | fiscal year for which it is to be
effective. | ||||||
| 20 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
| 21 | Department shall
deposit a percentage of the amounts | ||||||
| 22 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
| 23 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
| 24 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
| 25 | Department shall deposit 18% of such amounts during the
| ||||||
| 26 | period beginning January 1, 1989 and ending on June 30, | ||||||
| |||||||
| |||||||
| 1 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
| 2 | fiscal year thereafter, the
percentage deposited into the | ||||||
| 3 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
| 4 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
| 5 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
| 6 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
| 7 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
| 8 | of this amendatory Act of the 93rd General Assembly, the | ||||||
| 9 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
| 10 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
| 11 | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||||||
| 12 | fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||||||
| 13 | fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||||||
| 14 | fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||||||
| 15 | fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||||||
| 16 | fiscal year 2012, the Annual Percentage shall be 17.5%. For | ||||||
| 17 | fiscal year 2013, the Annual Percentage shall be 14%. For | ||||||
| 18 | fiscal year 2014, the Annual Percentage shall be 13.4%. For | ||||||
| 19 | fiscal year 2015, the Annual Percentage shall be 14%. For | ||||||
| 20 | all other fiscal years, the Annual
Percentage shall be | ||||||
| 21 | calculated
as a fraction, the numerator of which shall be | ||||||
| 22 | the amount of refunds
approved for payment by the | ||||||
| 23 | Department during the preceding fiscal year as
a result of | ||||||
| 24 | overpayment of tax liability under subsections (a) and | ||||||
| 25 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
| 26 | Act plus the
amount of such refunds remaining approved but | ||||||
| |||||||
| |||||||
| 1 | unpaid at the end of the
preceding fiscal year, and the | ||||||
| 2 | denominator of
which shall be the amounts which will be | ||||||
| 3 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
| 4 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
| 5 | preceding fiscal year; except that in State fiscal year | ||||||
| 6 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
| 7 | The Director of Revenue shall
certify the Annual Percentage | ||||||
| 8 | to the Comptroller on the last business day of
the fiscal | ||||||
| 9 | year immediately preceding the fiscal year for which it is | ||||||
| 10 | to be
effective. | ||||||
| 11 | (3) The Comptroller shall order transferred and the | ||||||
| 12 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
| 13 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
| 14 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
| 15 | (iii) $35,000,000 in January, 2003. | ||||||
| 16 | (d) Expenditures from Income Tax Refund Fund. | ||||||
| 17 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
| 18 | Refund Fund
shall be expended exclusively for the purpose | ||||||
| 19 | of paying refunds resulting
from overpayment of tax | ||||||
| 20 | liability under Section 201 of this Act, for paying
rebates | ||||||
| 21 | under Section 208.1 in the event that the amounts in the | ||||||
| 22 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
| 23 | purpose,
and for
making transfers pursuant to this | ||||||
| 24 | subsection (d). | ||||||
| 25 | (2) The Director shall order payment of refunds | ||||||
| 26 | resulting from
overpayment of tax liability under Section | ||||||
| |||||||
| |||||||
| 1 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
| 2 | extent that amounts collected pursuant
to Section 201 of | ||||||
| 3 | this Act and transfers pursuant to this subsection (d)
and | ||||||
| 4 | item (3) of subsection (c) have been deposited and retained | ||||||
| 5 | in the
Fund. | ||||||
| 6 | (3) As soon as possible after the end of each fiscal | ||||||
| 7 | year, the Director
shall
order transferred and the State | ||||||
| 8 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 9 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
| 10 | Replacement Fund an amount, certified by the Director to | ||||||
| 11 | the Comptroller,
equal to the excess of the amount | ||||||
| 12 | collected pursuant to subsections (c) and
(d) of Section | ||||||
| 13 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
| 14 | during the fiscal year over the amount of refunds resulting | ||||||
| 15 | from
overpayment of tax liability under subsections (c) and | ||||||
| 16 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
| 17 | Refund Fund during the fiscal year. | ||||||
| 18 | (4) As soon as possible after the end of each fiscal | ||||||
| 19 | year, the Director shall
order transferred and the State | ||||||
| 20 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 21 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
| 22 | Refund Fund an amount, certified by the Director to the | ||||||
| 23 | Comptroller, equal
to the excess of the amount of refunds | ||||||
| 24 | resulting from overpayment of tax
liability under | ||||||
| 25 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
| 26 | from the Income Tax Refund Fund during the fiscal year over | ||||||
| |||||||
| |||||||
| 1 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
| 2 | Section 201 of this Act
deposited into the Income Tax | ||||||
| 3 | Refund Fund during the fiscal year. | ||||||
| 4 | (4.5) As soon as possible after the end of fiscal year | ||||||
| 5 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
| 6 | order transferred and the State Treasurer and
State | ||||||
| 7 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
| 8 | to the General
Revenue Fund any surplus remaining in the | ||||||
| 9 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
| 10 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
| 11 | attributable to transfers under item (3) of subsection (c) | ||||||
| 12 | less refunds
resulting from the earned income tax credit. | ||||||
| 13 | (5) This Act shall constitute an irrevocable and | ||||||
| 14 | continuing
appropriation from the Income Tax Refund Fund | ||||||
| 15 | for the purpose of paying
refunds upon the order of the | ||||||
| 16 | Director in accordance with the provisions of
this Section. | ||||||
| 17 | (e) Deposits into the Education Assistance Fund and the | ||||||
| 18 | Income Tax
Surcharge Local Government Distributive Fund. | ||||||
| 19 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
| 20 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
| 21 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
| 22 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
| 23 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
| 24 | January 31, 1993, of the amounts collected pursuant to
| ||||||
| 25 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 26 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
| |||||||
| |||||||
| 1 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
| 2 | Local Government Distributive Fund in the State
Treasury. | ||||||
| 3 | Beginning February 1, 1993 and continuing through June 30, | ||||||
| 4 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
| 5 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
| 6 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
| 7 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
| 8 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
| 9 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
| 10 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
| 11 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
| 12 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
| 13 | Local Government Distributive Fund in the State Treasury. | ||||||
| 14 | (f) Deposits into the Fund for the Advancement of | ||||||
| 15 | Education. Beginning February 1, 2015, the Department shall | ||||||
| 16 | deposit the following portions of the revenue realized from the | ||||||
| 17 | tax imposed upon individuals, trusts, and estates by | ||||||
| 18 | subsections (a) and (b) of Section 201 of this Act during the | ||||||
| 19 | preceding month, minus deposits into the Income Tax Refund | ||||||
| 20 | Fund, into the Fund for the Advancement of Education: | ||||||
| 21 | (1) beginning February 1, 2015, and prior to February | ||||||
| 22 | 1, 2025, 1/30; and | ||||||
| 23 | (2) beginning February 1, 2025, 1/26. | ||||||
| 24 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 25 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 26 | the Department shall not make the deposits required by this | ||||||
| |||||||
| |||||||
| 1 | subsection (f) on or after the effective date of the reduction. | ||||||
| 2 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
| 3 | Beginning February 1, 2015, the Department shall deposit the | ||||||
| 4 | following portions of the revenue realized from the tax imposed | ||||||
| 5 | upon individuals, trusts, and estates by subsections (a) and | ||||||
| 6 | (b) of Section 201 of this Act during the preceding month, | ||||||
| 7 | minus deposits into the Income Tax Refund Fund, into the | ||||||
| 8 | Commitment to Human Services Fund: | ||||||
| 9 | (1) beginning February 1, 2015, and prior to February | ||||||
| 10 | 1, 2025, 1/30; and | ||||||
| 11 | (2) beginning February 1, 2025, 1/26. | ||||||
| 12 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 13 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 14 | the Department shall not make the deposits required by this | ||||||
| 15 | subsection (g) on or after the effective date of the reduction. | ||||||
| 16 | (h) Deposits into the Tax Compliance and Administration | ||||||
| 17 | Fund. Beginning on the first day of the first calendar month to | ||||||
| 18 | occur on or after August 26, 2014 (the effective date of Public | ||||||
| 19 | Act 98-1098) this amendatory Act of the 98th General Assembly, | ||||||
| 20 | each month the Department shall pay into the Tax Compliance and | ||||||
| 21 | Administration Fund, to be used, subject to appropriation, to | ||||||
| 22 | fund additional auditors and compliance personnel at the | ||||||
| 23 | Department, an amount equal to 1/12 of 5% of the cash receipts | ||||||
| 24 | collected during the preceding fiscal year by the Audit Bureau | ||||||
| 25 | of the Department from the tax imposed by subsections (a), (b), | ||||||
| 26 | (c), and (d) of Section 201 of this Act, net of deposits into | ||||||
| |||||||
| |||||||
| 1 | the Income Tax Refund Fund made from those cash receipts. | ||||||
| 2 | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||||||
| 3 | eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14; | ||||||
| 4 | 98-1098, eff. 8-26-14; revised 9-26-14.)
| ||||||
| 5 | Section 145. The Use Tax Act is amended by changing Section | ||||||
| 6 | 2 as follows:
| ||||||
| 7 | (35 ILCS 105/2) (from Ch. 120, par. 439.2)
| ||||||
| 8 | Sec. 2. Definitions. | ||||||
| 9 | "Use" means the exercise by any person of any right or | ||||||
| 10 | power over
tangible personal property incident to the ownership | ||||||
| 11 | of that property,
except that it does not include the sale of | ||||||
| 12 | such property in any form as
tangible personal property in the | ||||||
| 13 | regular course of business to the extent
that such property is | ||||||
| 14 | not first subjected to a use for which it was
purchased, and | ||||||
| 15 | does not include the use of such property by its owner for
| ||||||
| 16 | demonstration purposes: Provided that the property purchased | ||||||
| 17 | is deemed to
be purchased for the purpose of resale, despite | ||||||
| 18 | first being used, to the
extent to which it is resold as an | ||||||
| 19 | ingredient of an intentionally produced
product or by-product | ||||||
| 20 | of manufacturing. "Use" does not mean the demonstration
use or | ||||||
| 21 | interim use of tangible personal property by a retailer before | ||||||
| 22 | he sells
that tangible personal property. For watercraft or | ||||||
| 23 | aircraft, if the period of
demonstration use or interim use by | ||||||
| 24 | the retailer exceeds 18 months,
the retailer
shall pay on the | ||||||
| |||||||
| |||||||
| 1 | retailers' original cost price the tax imposed by this Act,
and | ||||||
| 2 | no credit for that tax is permitted if the watercraft or | ||||||
| 3 | aircraft is
subsequently sold by the retailer. "Use" does not | ||||||
| 4 | mean the physical
incorporation of tangible personal property, | ||||||
| 5 | to the extent not first subjected
to a use for which it was | ||||||
| 6 | purchased, as an ingredient or constituent, into
other tangible | ||||||
| 7 | personal property (a) which is sold in the regular course of
| ||||||
| 8 | business or (b) which the person incorporating such ingredient | ||||||
| 9 | or constituent
therein has undertaken at the time of such | ||||||
| 10 | purchase to cause to be transported
in interstate commerce to | ||||||
| 11 | destinations outside the State of Illinois: Provided
that the | ||||||
| 12 | property purchased is deemed to be purchased for the purpose of
| ||||||
| 13 | resale, despite first being used, to the extent to which it is | ||||||
| 14 | resold as an
ingredient of an intentionally produced product or | ||||||
| 15 | by-product of manufacturing.
| ||||||
| 16 | "Watercraft" means a Class 2, Class 3, or Class 4 | ||||||
| 17 | watercraft as defined in
Section 3-2 of the Boat Registration | ||||||
| 18 | and Safety Act, a personal watercraft, or
any boat equipped | ||||||
| 19 | with an inboard motor.
| ||||||
| 20 | "Purchase at retail" means the acquisition of the ownership | ||||||
| 21 | of or title
to tangible personal property through a sale at | ||||||
| 22 | retail.
| ||||||
| 23 | "Purchaser" means anyone who, through a sale at retail, | ||||||
| 24 | acquires the
ownership of tangible personal property for a | ||||||
| 25 | valuable consideration.
| ||||||
| 26 | "Sale at retail" means any transfer of the ownership of or | ||||||
| |||||||
| |||||||
| 1 | title to
tangible personal property to a purchaser, for the | ||||||
| 2 | purpose of use, and not
for the purpose of resale in any form | ||||||
| 3 | as tangible personal property to the
extent not first subjected | ||||||
| 4 | to a use for which it was purchased, for a
valuable | ||||||
| 5 | consideration: Provided that the property purchased is deemed | ||||||
| 6 | to
be purchased for the purpose of resale, despite first being | ||||||
| 7 | used, to the
extent to which it is resold as an ingredient of | ||||||
| 8 | an intentionally produced
product or by-product of | ||||||
| 9 | manufacturing. For this purpose, slag produced as
an incident | ||||||
| 10 | to manufacturing pig iron or steel and sold is considered to be
| ||||||
| 11 | an intentionally produced by-product of manufacturing. "Sale | ||||||
| 12 | at retail"
includes any such transfer made for resale unless | ||||||
| 13 | made in compliance with
Section 2c of the Retailers' Occupation | ||||||
| 14 | Tax Act, as incorporated by
reference into Section 12 of this | ||||||
| 15 | Act. Transactions whereby the possession
of the property is | ||||||
| 16 | transferred but the seller retains the title as security
for | ||||||
| 17 | payment of the selling price are sales.
| ||||||
| 18 | "Sale at retail" shall also be construed to include any | ||||||
| 19 | Illinois
florist's sales transaction in which the purchase | ||||||
| 20 | order is received in
Illinois by a florist and the sale is for | ||||||
| 21 | use or consumption, but the
Illinois florist has a florist in | ||||||
| 22 | another state deliver the property to the
purchaser or the | ||||||
| 23 | purchaser's donee in such other state.
| ||||||
| 24 | Nonreusable tangible personal property that is used by | ||||||
| 25 | persons engaged in
the business of operating a restaurant, | ||||||
| 26 | cafeteria, or drive-in is a sale for
resale when it is | ||||||
| |||||||
| |||||||
| 1 | transferred to customers in the ordinary course of business
as | ||||||
| 2 | part of the sale of food or beverages and is used to deliver, | ||||||
| 3 | package, or
consume food or beverages, regardless of where | ||||||
| 4 | consumption of the food or
beverages occurs. Examples of those | ||||||
| 5 | items include, but are not limited to
nonreusable, paper and | ||||||
| 6 | plastic cups, plates, baskets, boxes, sleeves, buckets
or other | ||||||
| 7 | containers, utensils, straws, placemats, napkins, doggie bags, | ||||||
| 8 | and
wrapping or packaging
materials that are transferred to | ||||||
| 9 | customers as part of the sale of food or
beverages in the | ||||||
| 10 | ordinary course of business.
| ||||||
| 11 | The purchase, employment and transfer of such tangible | ||||||
| 12 | personal property
as newsprint and ink for the primary purpose | ||||||
| 13 | of conveying news (with or
without other information) is not a | ||||||
| 14 | purchase, use or sale of tangible
personal property.
| ||||||
| 15 | "Selling price" means the consideration for a sale valued | ||||||
| 16 | in money
whether received in money or otherwise, including | ||||||
| 17 | cash, credits, property
other than as hereinafter provided, and | ||||||
| 18 | services, but not including the
value of or credit given for | ||||||
| 19 | traded-in tangible personal property where the
item that is | ||||||
| 20 | traded-in is of like kind and character as that which is being
| ||||||
| 21 | sold, and shall be determined without any deduction on account | ||||||
| 22 | of the cost
of the property sold, the cost of materials used, | ||||||
| 23 | labor or service cost or
any other expense whatsoever, but does | ||||||
| 24 | not include interest or finance
charges which appear as | ||||||
| 25 | separate items on the bill of sale or sales
contract nor | ||||||
| 26 | charges that are added to prices by sellers on account of the
| ||||||
| |||||||
| |||||||
| 1 | seller's tax liability under the "Retailers' Occupation Tax | ||||||
| 2 | Act", or on
account of the seller's duty to collect, from the | ||||||
| 3 | purchaser, the tax that
is imposed by this Act, or, except as | ||||||
| 4 | otherwise provided with respect to any cigarette tax imposed by | ||||||
| 5 | a home rule unit, on account of the seller's tax liability | ||||||
| 6 | under any local occupation tax administered by the Department, | ||||||
| 7 | or, except as otherwise provided with respect to any cigarette | ||||||
| 8 | tax imposed by a home rule unit on account of the seller's duty | ||||||
| 9 | to collect, from the purchasers, the tax that is imposed under | ||||||
| 10 | any local use tax administered by the Department. Effective | ||||||
| 11 | December 1, 1985, "selling price"
shall include charges that | ||||||
| 12 | are added to prices by sellers on account of the
seller's tax | ||||||
| 13 | liability under the Cigarette Tax Act, on account of the | ||||||
| 14 | seller's
duty to collect, from the purchaser, the tax imposed | ||||||
| 15 | under the Cigarette Use
Tax Act, and on account of the seller's | ||||||
| 16 | duty to collect, from the purchaser,
any cigarette tax imposed | ||||||
| 17 | by a home rule unit.
| ||||||
| 18 | Notwithstanding any law to the contrary, for any motor | ||||||
| 19 | vehicle, as defined in Section 1-146 of the Vehicle Code, that | ||||||
| 20 | is sold on or after January 1, 2015 for the purpose of leasing | ||||||
| 21 | the vehicle for a defined period that is longer than one year | ||||||
| 22 | and (1) is a motor vehicle of the second division that: (A) is | ||||||
| 23 | a self-contained motor vehicle designed or permanently | ||||||
| 24 | converted to provide living quarters for recreational, | ||||||
| 25 | camping, or travel use, with direct walk through access to the | ||||||
| 26 | living quarters from the driver's seat; (B) is of the van | ||||||
| |||||||
| |||||||
| 1 | configuration designed for the transportation of not less than | ||||||
| 2 | 7 nor more than 16 passengers; or (C) has a gross vehicle | ||||||
| 3 | weight rating of 8,000 pounds or less or (2) is a motor vehicle | ||||||
| 4 | of the first division, "selling price" or "amount of sale" | ||||||
| 5 | means the consideration received by the lessor pursuant to the | ||||||
| 6 | lease contract, including amounts due at lease signing and all | ||||||
| 7 | monthly or other regular payments charged over the term of the | ||||||
| 8 | lease. Also included in the selling price is any amount | ||||||
| 9 | received by the lessor from the lessee for the leased vehicle | ||||||
| 10 | that is not calculated at the time the lease is executed, | ||||||
| 11 | including, but not limited to, excess mileage charges and | ||||||
| 12 | charges for excess wear and tear. For sales that occur in | ||||||
| 13 | Illinois, with respect to any amount received by the lessor | ||||||
| 14 | from the lessee for the leased vehicle that is not calculated | ||||||
| 15 | at the time the lease is executed, the lessor who purchased the | ||||||
| 16 | motor vehicle does not incur the tax imposed by the Use Tax Act | ||||||
| 17 | on those amounts, and the retailer who makes the retail sale of | ||||||
| 18 | the motor vehicle to the lessor is not required to collect the | ||||||
| 19 | tax imposed by this Act or to pay the tax imposed by the | ||||||
| 20 | Retailers' Occupation Tax Act on those amounts. However, the | ||||||
| 21 | lessor who purchased the motor vehicle assumes the liability | ||||||
| 22 | for reporting and paying the tax on those amounts directly to | ||||||
| 23 | the Department in the same form (Illinois Retailers' Occupation | ||||||
| 24 | Tax, and local retailers' occupation taxes, if applicable) in | ||||||
| 25 | which the retailer would have reported and paid such tax if the | ||||||
| 26 | retailer had accounted for the tax to the Department. For | ||||||
| |||||||
| |||||||
| 1 | amounts received by the lessor from the lessee that are not | ||||||
| 2 | calculated at the time the lease is executed, the lessor must | ||||||
| 3 | file the return and pay the tax to the Department by the due | ||||||
| 4 | date otherwise required by this Act for returns other than | ||||||
| 5 | transaction returns. If the retailer is entitled under this Act | ||||||
| 6 | to a discount for collecting and remitting the tax imposed | ||||||
| 7 | under this Act to the Department with respect to the sale of | ||||||
| 8 | the motor vehicle to the lessor, then the right to the discount | ||||||
| 9 | provided in this Act shall be transferred to the lessor with | ||||||
| 10 | respect to the tax paid by the lessor for any amount received | ||||||
| 11 | by the lessor from the lessee for the leased vehicle that is | ||||||
| 12 | not calculated at the time the lease is executed; provided that | ||||||
| 13 | the discount is only allowed if the return is timely filed and | ||||||
| 14 | for amounts timely paid. The "selling price" of a motor vehicle | ||||||
| 15 | that is sold on or after January 1, 2015 for the purpose of | ||||||
| 16 | leasing for a defined period of longer than one year shall not | ||||||
| 17 | be reduced by the value of or credit given for traded-in | ||||||
| 18 | tangible personal property owned by the lessor, nor shall it be | ||||||
| 19 | reduced by the value of or credit given for traded-in tangible | ||||||
| 20 | personal property owned by the lessee, regardless of whether | ||||||
| 21 | the trade-in value thereof is assigned by the lessee to the | ||||||
| 22 | lessor. In the case of a motor vehicle that is sold for the | ||||||
| 23 | purpose of leasing for a defined period of longer than one | ||||||
| 24 | year, the sale occurs at the time of the delivery of the | ||||||
| 25 | vehicle, regardless of the due date of any lease payments. A | ||||||
| 26 | lessor who incurs a Retailers' Occupation Tax liability on the | ||||||
| |||||||
| |||||||
| 1 | sale of a motor vehicle coming off lease may not take a credit | ||||||
| 2 | against that liability for the Use Tax the lessor paid upon the | ||||||
| 3 | purchase of the motor vehicle (or for any tax the lessor paid | ||||||
| 4 | with respect to any amount received by the lessor from the | ||||||
| 5 | lessee for the leased vehicle that was not calculated at the | ||||||
| 6 | time the lease was executed) if the selling price of the motor | ||||||
| 7 | vehicle at the time of purchase was calculated using the | ||||||
| 8 | definition of "selling price" as defined in this paragraph. | ||||||
| 9 | Notwithstanding any other provision of this Act to the | ||||||
| 10 | contrary, lessors shall file all returns and make all payments | ||||||
| 11 | required under this paragraph to the Department by electronic | ||||||
| 12 | means in the manner and form as required by the Department. | ||||||
| 13 | This paragraph does not apply to leases of motor vehicles for | ||||||
| 14 | which, at the time the lease is entered into, the term of the | ||||||
| 15 | lease is not a defined period, including leases with a defined | ||||||
| 16 | initial period with the option to continue the lease on a | ||||||
| 17 | month-to-month or other basis beyond the initial defined | ||||||
| 18 | period. | ||||||
| 19 | The phrase "like kind and character" shall be liberally | ||||||
| 20 | construed
(including but not limited to any form of motor | ||||||
| 21 | vehicle for any form of
motor vehicle, or any kind of farm or | ||||||
| 22 | agricultural implement for any other
kind of farm or | ||||||
| 23 | agricultural implement), while not including a kind of item
| ||||||
| 24 | which, if sold at retail by that retailer, would be exempt from | ||||||
| 25 | retailers'
occupation tax and use tax as an isolated or | ||||||
| 26 | occasional sale.
| ||||||
| |||||||
| |||||||
| 1 | "Department" means the Department of Revenue.
| ||||||
| 2 | "Person" means any natural individual, firm, partnership, | ||||||
| 3 | association,
joint stock company, joint adventure, public or | ||||||
| 4 | private corporation, limited
liability company, or a
receiver, | ||||||
| 5 | executor, trustee, guardian or other representative appointed
| ||||||
| 6 | by order of any court.
| ||||||
| 7 | "Retailer" means and includes every person engaged in the | ||||||
| 8 | business of
making sales at retail as defined in this Section.
| ||||||
| 9 | A person who holds himself or herself out as being engaged | ||||||
| 10 | (or who habitually
engages) in selling tangible personal | ||||||
| 11 | property at retail is a retailer
hereunder with respect to such | ||||||
| 12 | sales (and not primarily in a service
occupation) | ||||||
| 13 | notwithstanding the fact that such person designs and produces
| ||||||
| 14 | such tangible personal property on special order for the | ||||||
| 15 | purchaser and in
such a way as to render the property of value | ||||||
| 16 | only to such purchaser, if
such tangible personal property so | ||||||
| 17 | produced on special order serves
substantially the same | ||||||
| 18 | function as stock or standard items of tangible
personal | ||||||
| 19 | property that are sold at retail.
| ||||||
| 20 | A person whose activities are organized and conducted | ||||||
| 21 | primarily as a
not-for-profit service enterprise, and who | ||||||
| 22 | engages in selling tangible
personal property at retail | ||||||
| 23 | (whether to the public or merely to members and
their guests) | ||||||
| 24 | is a retailer with respect to such transactions, excepting
only | ||||||
| 25 | a person organized and operated exclusively for charitable, | ||||||
| 26 | religious
or educational purposes either (1), to the extent of | ||||||
| |||||||
| |||||||
| 1 | sales by such person
to its members, students, patients or | ||||||
| 2 | inmates of tangible personal property
to be used primarily for | ||||||
| 3 | the purposes of such person, or (2), to the extent
of sales by | ||||||
| 4 | such person of tangible personal property which is not sold or
| ||||||
| 5 | offered for sale by persons organized for profit. The selling | ||||||
| 6 | of school
books and school supplies by schools at retail to | ||||||
| 7 | students is not
"primarily for the purposes of" the school | ||||||
| 8 | which does such selling. This
paragraph does not apply to nor | ||||||
| 9 | subject to taxation occasional dinners,
social or similar | ||||||
| 10 | activities of a person organized and operated exclusively
for | ||||||
| 11 | charitable, religious or educational purposes, whether or not | ||||||
| 12 | such
activities are open to the public.
| ||||||
| 13 | A person who is the recipient of a grant or contract under | ||||||
| 14 | Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and | ||||||
| 15 | serves meals to
participants in the federal Nutrition Program | ||||||
| 16 | for the Elderly in return for
contributions established in | ||||||
| 17 | amount by the individual participant pursuant
to a schedule of | ||||||
| 18 | suggested fees as provided for in the federal Act is not a
| ||||||
| 19 | retailer under this Act with respect to such transactions.
| ||||||
| 20 | Persons who engage in the business of transferring tangible | ||||||
| 21 | personal
property upon the redemption of trading stamps are | ||||||
| 22 | retailers hereunder when
engaged in such business.
| ||||||
| 23 | The isolated or occasional sale of tangible personal | ||||||
| 24 | property at retail
by a person who does not hold himself out as | ||||||
| 25 | being engaged (or who does not
habitually engage) in selling | ||||||
| 26 | such tangible personal property at retail or
a sale through a | ||||||
| |||||||
| |||||||
| 1 | bulk vending machine does not make such person a retailer
| ||||||
| 2 | hereunder. However, any person who is engaged in a business | ||||||
| 3 | which is not
subject to the tax imposed by the "Retailers' | ||||||
| 4 | Occupation Tax Act" because
of involving the sale of or a | ||||||
| 5 | contract to sell real estate or a
construction contract to | ||||||
| 6 | improve real estate, but who, in the course of
conducting such | ||||||
| 7 | business, transfers tangible personal property to users or
| ||||||
| 8 | consumers in the finished form in which it was purchased, and | ||||||
| 9 | which does
not become real estate, under any provision of a | ||||||
| 10 | construction contract or
real estate sale or real estate sales | ||||||
| 11 | agreement entered into with some
other person arising out of or | ||||||
| 12 | because of such nontaxable business, is a
retailer to the | ||||||
| 13 | extent of the value of the tangible personal property so
| ||||||
| 14 | transferred. If, in such transaction, a separate charge is made | ||||||
| 15 | for the
tangible personal property so transferred, the value of | ||||||
| 16 | such property, for
the purposes of this Act, is the amount so | ||||||
| 17 | separately charged, but not less
than the cost of such property | ||||||
| 18 | to the transferor; if no separate charge is
made, the value of | ||||||
| 19 | such property, for the purposes of this Act, is the cost
to the | ||||||
| 20 | transferor of such tangible personal property.
| ||||||
| 21 | "Retailer maintaining a place of business in this State", | ||||||
| 22 | or any like
term, means and includes any of the following | ||||||
| 23 | retailers:
| ||||||
| 24 | 1. A retailer having or maintaining within this State, | ||||||
| 25 | directly or by
a subsidiary, an office, distribution house, | ||||||
| 26 | sales house, warehouse or other
place of business, or any | ||||||
| |||||||
| |||||||
| 1 | agent or other representative operating within this
State | ||||||
| 2 | under the authority of the retailer or its subsidiary, | ||||||
| 3 | irrespective of
whether such place of business or agent or | ||||||
| 4 | other representative is located here
permanently or | ||||||
| 5 | temporarily, or whether such retailer or subsidiary is | ||||||
| 6 | licensed
to do business in this State. However, the | ||||||
| 7 | ownership of property that is
located at the premises of a | ||||||
| 8 | printer with which the retailer has contracted for
printing | ||||||
| 9 | and that consists of the final printed product, property | ||||||
| 10 | that becomes
a part of the final printed product, or copy | ||||||
| 11 | from which the printed product is
produced shall not result | ||||||
| 12 | in the retailer being deemed to have or maintain an
office, | ||||||
| 13 | distribution house, sales house, warehouse, or other place | ||||||
| 14 | of business
within this State. | ||||||
| 15 | 1.1. A retailer having a contract with a person located | ||||||
| 16 | in this State under which the person, for a commission or | ||||||
| 17 | other consideration based upon the sale of tangible | ||||||
| 18 | personal property by the retailer, directly or indirectly | ||||||
| 19 | refers potential customers to the retailer by providing to | ||||||
| 20 | the potential customers a promotional code or other | ||||||
| 21 | mechanism that allows the retailer to track purchases | ||||||
| 22 | referred by such persons. Examples of mechanisms that allow | ||||||
| 23 | the retailer to track purchases referred by such persons | ||||||
| 24 | include but are not limited to the use of a link on the | ||||||
| 25 | person's Internet website, promotional codes distributed | ||||||
| 26 | through the person's hand-delivered or mailed material, | ||||||
| |||||||
| |||||||
| 1 | and promotional codes distributed by the person through | ||||||
| 2 | radio or other broadcast media. The provisions of this | ||||||
| 3 | paragraph 1.1 shall apply only if the cumulative gross | ||||||
| 4 | receipts from sales of tangible personal property by the | ||||||
| 5 | retailer to customers who are referred to the retailer by | ||||||
| 6 | all persons in this State under such contracts exceed | ||||||
| 7 | $10,000 during the preceding 4 quarterly periods ending on | ||||||
| 8 | the last day of March, June, September, and December. A | ||||||
| 9 | retailer meeting the requirements of this paragraph 1.1 | ||||||
| 10 | shall be presumed to be maintaining a place of business in | ||||||
| 11 | this State but may rebut this presumption by submitting | ||||||
| 12 | proof that the referrals or other activities pursued within | ||||||
| 13 | this State by such persons were not sufficient to meet the | ||||||
| 14 | nexus standards of the United States Constitution during | ||||||
| 15 | the preceding 4 quarterly periods. | ||||||
| 16 | 1.2. Beginning July 1, 2011, a retailer having a | ||||||
| 17 | contract with a person located in this State under which: | ||||||
| 18 | A. the retailer sells the same or substantially | ||||||
| 19 | similar line of products as the person located in this | ||||||
| 20 | State and does so using an identical or substantially | ||||||
| 21 | similar name, trade name, or trademark as the person | ||||||
| 22 | located in this State; and | ||||||
| 23 | B. the retailer provides a commission or other | ||||||
| 24 | consideration to the person located in this State based | ||||||
| 25 | upon the sale of tangible personal property by the | ||||||
| 26 | retailer. | ||||||
| |||||||
| |||||||
| 1 | The provisions of this paragraph 1.2 shall apply only if | ||||||
| 2 | the cumulative gross receipts from sales of tangible | ||||||
| 3 | personal property by the retailer to customers in this | ||||||
| 4 | State under all such contracts exceed $10,000 during the | ||||||
| 5 | preceding 4 quarterly periods ending on the last day of | ||||||
| 6 | March, June, September, and December.
| ||||||
| 7 | 2. A retailer soliciting orders for tangible personal | ||||||
| 8 | property by
means of a telecommunication or television | ||||||
| 9 | shopping system (which utilizes toll
free numbers) which is | ||||||
| 10 | intended by the retailer to be broadcast by cable
| ||||||
| 11 | television or other means of broadcasting, to consumers | ||||||
| 12 | located in this State.
| ||||||
| 13 | 3. A retailer, pursuant to a contract with a | ||||||
| 14 | broadcaster or publisher
located in this State, soliciting | ||||||
| 15 | orders for tangible personal property by
means of | ||||||
| 16 | advertising which is disseminated primarily to consumers | ||||||
| 17 | located in
this State and only secondarily to bordering | ||||||
| 18 | jurisdictions.
| ||||||
| 19 | 4. A retailer soliciting orders for tangible personal | ||||||
| 20 | property by mail
if the solicitations are substantial and | ||||||
| 21 | recurring and if the retailer benefits
from any banking, | ||||||
| 22 | financing, debt collection, telecommunication, or | ||||||
| 23 | marketing
activities occurring in this State or benefits | ||||||
| 24 | from the location in this State
of authorized installation, | ||||||
| 25 | servicing, or repair facilities.
| ||||||
| 26 | 5. A retailer that is owned or controlled by the same | ||||||
| |||||||
| |||||||
| 1 | interests that own
or control any retailer engaging in | ||||||
| 2 | business in the same or similar line of
business in this | ||||||
| 3 | State.
| ||||||
| 4 | 6. A retailer having a franchisee or licensee operating | ||||||
| 5 | under its trade
name if the franchisee or licensee is | ||||||
| 6 | required to collect the tax under this
Section.
| ||||||
| 7 | 7. A retailer, pursuant to a contract with a cable | ||||||
| 8 | television operator
located in this State, soliciting | ||||||
| 9 | orders for tangible personal property by
means of | ||||||
| 10 | advertising which is transmitted or distributed over a | ||||||
| 11 | cable
television system in this State.
| ||||||
| 12 | 8. A retailer engaging in activities in Illinois, which | ||||||
| 13 | activities in
the state in which the retail business | ||||||
| 14 | engaging in such activities is located
would constitute | ||||||
| 15 | maintaining a place of business in that state.
| ||||||
| 16 | "Bulk vending machine" means a vending machine,
containing | ||||||
| 17 | unsorted confections, nuts, toys, or other items designed
| ||||||
| 18 | primarily to be used or played with by children
which, when a | ||||||
| 19 | coin or coins of a denomination not larger than $0.50 are | ||||||
| 20 | inserted, are dispensed in equal portions, at random and
| ||||||
| 21 | without selection by the customer.
| ||||||
| 22 | (Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14; | ||||||
| 23 | 98-1089, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 24 | Section 150. The Cigarette Tax Act is amended by changing | ||||||
| 25 | Section 4g as follows:
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 130/4g) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | Sec. 4g. Retailer's license. Beginning on January 1, 2016, | ||||||
| 5 | no person may engage in business as a retailer of cigarettes in | ||||||
| 6 | this State without first having obtained a license from the | ||||||
| 7 | Department. Application for license shall be made to the | ||||||
| 8 | Department, by electronic means, in a form prescribed by the | ||||||
| 9 | Department. Each applicant for a license under this Section | ||||||
| 10 | shall furnish to the Department, in an electronic format | ||||||
| 11 | established by the Department, the following information: | ||||||
| 12 | (1) the name and address of the applicant; | ||||||
| 13 | (2) the address of the location at which the applicant | ||||||
| 14 | proposes to engage in business as a retailer of cigarettes | ||||||
| 15 | in this State; and | ||||||
| 16 | (3) such other additional information as the | ||||||
| 17 | Department may lawfully require by its rules and | ||||||
| 18 | regulations. | ||||||
| 19 | The annual license fee payable to the Department for each | ||||||
| 20 | retailer's license shall be $75. The fee shall be deposited | ||||||
| 21 | into the Tax Compliance and Administration Fund and shall be | ||||||
| 22 | for the cost of tobacco retail inspection and contraband | ||||||
| 23 | tobacco and tobacco smuggling with at least two-thirds of the | ||||||
| 24 | money being used for contraband tobacco and tobacco smuggling | ||||||
| 25 | operations and enforcement. | ||||||
| |||||||
| |||||||
| 1 | Each applicant for a license shall pay the fee to the | ||||||
| 2 | Department at the time of submitting its application for a | ||||||
| 3 | license to the Department. The Department shall require an | ||||||
| 4 | applicant for a license under this Section to electronically | ||||||
| 5 | file and pay the fee. | ||||||
| 6 | A separate annual license fee shall be paid for each place | ||||||
| 7 | of business at which a person who is required to procure a | ||||||
| 8 | retailer's license under this Section proposes to engage in | ||||||
| 9 | business as a retailer in Illinois under this Act. | ||||||
| 10 | The following are ineligible to receive a retailer's | ||||||
| 11 | license under this Act: | ||||||
| 12 | (1) a person who has been convicted of a felony related | ||||||
| 13 | to the illegal transportation, sale, or distribution of | ||||||
| 14 | cigarettes, or a tobacco-related felony, under any federal | ||||||
| 15 | or State law, if the Department, after investigation and a | ||||||
| 16 | hearing if requested by the applicant, determines that the | ||||||
| 17 | person has not been sufficiently rehabilitated to warrant | ||||||
| 18 | the public trust; or | ||||||
| 19 | (2) a corporation, if any officer, manager, or director | ||||||
| 20 | thereof, or any stockholder or stockholders owning in the | ||||||
| 21 | aggregate more than 5% of the stock of such corporation, | ||||||
| 22 | would not be eligible to receive a license under this Act | ||||||
| 23 | for any reason. | ||||||
| 24 | The Department, upon receipt of an application and license | ||||||
| 25 | fee, in proper form, from a person who is eligible to receive a | ||||||
| 26 | retailer's license under this Act, shall issue to such | ||||||
| |||||||
| |||||||
| 1 | applicant a license in form as prescribed by the Department. | ||||||
| 2 | That license shall permit the applicant to whom it is issued to | ||||||
| 3 | engage in business as a retailer under this Act at the place | ||||||
| 4 | shown in his or her application. All licenses issued by the | ||||||
| 5 | Department under this Section shall be valid for a period not | ||||||
| 6 | to exceed one year after issuance unless sooner revoked, | ||||||
| 7 | canceled, or suspended as provided in this Act. No license | ||||||
| 8 | issued under this Section is transferable or assignable. The | ||||||
| 9 | license shall be conspicuously displayed in the place of | ||||||
| 10 | business conducted by the licensee in Illinois under such | ||||||
| 11 | license. The Department shall not issue a retailer's license to | ||||||
| 12 | a retailer unless the retailer is also registered under the | ||||||
| 13 | Retailers' Occupation Tax Act. A person who obtains a license | ||||||
| 14 | as a retailer who ceases to do business as specified in the | ||||||
| 15 | license, or who never commenced business, or who obtains a | ||||||
| 16 | distributor's license, or whose license is suspended or | ||||||
| 17 | revoked, shall immediately surrender the license to the | ||||||
| 18 | Department. | ||||||
| 19 | Any person aggrieved by any decision of the Department | ||||||
| 20 | under this Section subsection may, within 30 days after notice | ||||||
| 21 | of the decision, protest and request a hearing. Upon receiving | ||||||
| 22 | a request for a hearing, the Department shall give written | ||||||
| 23 | notice to the person requesting the hearing of the time and | ||||||
| 24 | place fixed for the hearing and shall hold a hearing in | ||||||
| 25 | conformity with the provisions of this Act and then issue its | ||||||
| 26 | final administrative decision in the matter to that person. In | ||||||
| |||||||
| |||||||
| 1 | the absence of a protest and request for a hearing within 30 | ||||||
| 2 | days, the Department's decision shall become final without any | ||||||
| 3 | further determination being made or notice given.
| ||||||
| 4 | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| ||||||
| 5 | Section 155. The Tobacco Products Tax Act of 1995 is | ||||||
| 6 | amended by changing Section 10-21 as follows:
| ||||||
| 7 | (35 ILCS 143/10-21) | ||||||
| 8 | (This Section may contain text from a Public Act with a | ||||||
| 9 | delayed effective date) | ||||||
| 10 | Sec. 10-21. Retailer's license. Beginning on January 1, | ||||||
| 11 | 2016, no person may engage in business as a retailer of tobacco | ||||||
| 12 | products in this State without first having obtained a license | ||||||
| 13 | from the Department. Application for license shall be made to | ||||||
| 14 | the Department, by electronic means, in a form prescribed by | ||||||
| 15 | the Department. Each applicant for a license under this Section | ||||||
| 16 | shall furnish to the Department, in an electronic format | ||||||
| 17 | established by the Department, the following information: | ||||||
| 18 | (1) the name and address of the applicant; | ||||||
| 19 | (2) the address of the location at which the applicant | ||||||
| 20 | proposes to engage in business as a retailer of tobacco | ||||||
| 21 | products in this State; | ||||||
| 22 | (3) such other additional information as the | ||||||
| 23 | Department may lawfully require by its rules and | ||||||
| 24 | regulations. | ||||||
| |||||||
| |||||||
| 1 | The annual license fee payable to the Department for each | ||||||
| 2 | retailer's license shall be $75. The fee will be deposited into | ||||||
| 3 | the Tax Compliance and Administration Fund and shall be used | ||||||
| 4 | for the cost of tobacco retail inspection and contraband | ||||||
| 5 | tobacco and tobacco smuggling with at least two-thirds of the | ||||||
| 6 | money being used for contraband tobacco and tobacco smuggling | ||||||
| 7 | operations and enforcement. | ||||||
| 8 | Each applicant for license shall pay such fee to the | ||||||
| 9 | Department at the time of submitting its application for | ||||||
| 10 | license to the Department. The Department shall require an | ||||||
| 11 | applicant for a license under this Section to electronically | ||||||
| 12 | file and pay the fee. | ||||||
| 13 | A separate annual license fee shall be paid for each place | ||||||
| 14 | of business at which a person who is required to procure a | ||||||
| 15 | retailer's license under this Section proposes to engage in | ||||||
| 16 | business as a retailer in Illinois under this Act. | ||||||
| 17 | The following are ineligible to receive a retailer's | ||||||
| 18 | license under this Act: | ||||||
| 19 | (1) a person who has been convicted of a felony under | ||||||
| 20 | any federal or State law for smuggling cigarettes or | ||||||
| 21 | tobacco products or tobacco tax evasion, if the Department, | ||||||
| 22 | after investigation and a hearing if requested by the | ||||||
| 23 | applicant, determines that such person has not been | ||||||
| 24 | sufficiently rehabilitated to warrant the public trust; | ||||||
| 25 | and | ||||||
| 26 | (2) a corporation, if any officer, manager or director | ||||||
| |||||||
| |||||||
| 1 | thereof, or any stockholder or stockholders owning in the | ||||||
| 2 | aggregate more than 5% of the stock of such corporation, | ||||||
| 3 | would not be eligible to receive a license under this Act | ||||||
| 4 | for any reason. | ||||||
| 5 | The Department, upon receipt of an application and license | ||||||
| 6 | fee, in proper form, from a person who is eligible to receive a | ||||||
| 7 | retailer's license under this Act, shall issue to such | ||||||
| 8 | applicant a license in form as prescribed by the Department, | ||||||
| 9 | which license shall permit the applicant to which it is issued | ||||||
| 10 | to engage in business as a retailer under this Act at the place | ||||||
| 11 | shown in his application. All licenses issued by the Department | ||||||
| 12 | under this Section shall be valid for a period not to exceed | ||||||
| 13 | one year after issuance unless sooner revoked, canceled or | ||||||
| 14 | suspended as provided in this Act. No license issued under this | ||||||
| 15 | Section is transferable or assignable. Such license shall be | ||||||
| 16 | conspicuously displayed in the place of business conducted by | ||||||
| 17 | the licensee in Illinois under such license. A person who | ||||||
| 18 | obtains a license as a retailer who ceases to do business as | ||||||
| 19 | specified in the license, or who never commenced business, or | ||||||
| 20 | who obtains a distributor's license, or whose license is | ||||||
| 21 | suspended or revoked, shall immediately surrender the license | ||||||
| 22 | to the Department. The Department shall not issue a license to | ||||||
| 23 | a retailer unless the retailer is also validly registered under | ||||||
| 24 | the Retailers Occupation Tax Act. | ||||||
| 25 | A retailer as defined under this Act need not obtain an | ||||||
| 26 | additional license under this Act, but shall be deemed to be | ||||||
| |||||||
| |||||||
| 1 | sufficiently licensed by virtue of his being properly licensed | ||||||
| 2 | as a retailer under Section 4g of the Cigarette Tax Act. | ||||||
| 3 | Any person aggrieved by any decision of the Department | ||||||
| 4 | under this Section subsection may, within 30 days after notice | ||||||
| 5 | of the decision, protest and request a hearing. Upon receiving | ||||||
| 6 | a request for a hearing, the Department shall give notice to | ||||||
| 7 | the person requesting the hearing of the time and place fixed | ||||||
| 8 | for the hearing and shall hold a hearing in conformity with the | ||||||
| 9 | provisions of this Act and then issue its final administrative | ||||||
| 10 | decision in the matter to that person. In the absence of a | ||||||
| 11 | protest and request for a hearing within 30 days, the | ||||||
| 12 | Department's decision shall become final without any further | ||||||
| 13 | determination being made or notice given.
| ||||||
| 14 | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| ||||||
| 15 | Section 160. The Local Government Disaster Service | ||||||
| 16 | Volunteer Act is amended by changing Section 15 as follows:
| ||||||
| 17 | (50 ILCS 122/15)
| ||||||
| 18 | Sec. 15. Local government disaster service volunteer | ||||||
| 19 | leave. An employee of
a local agency who is a certified | ||||||
| 20 | disaster service volunteer of the American
Red Cross or | ||||||
| 21 | assigned to the Illinois Emergency Management Agency in
| ||||||
| 22 | accordance with the Illinois Emergency Management Agency Act, | ||||||
| 23 | the Emergency Management
Assistance Compact Act, or other | ||||||
| 24 | applicable administrative rules may be
granted leave from his | ||||||
| |||||||
| |||||||
| 1 | or her work with pay for not more than
20 working days in any | ||||||
| 2 | 12-month period to participate in specialized disaster
relief | ||||||
| 3 | services for the American Red Cross or for the Illinois | ||||||
| 4 | Emergency
Management Agency, as
the case may be, upon
the | ||||||
| 5 | request of the American
Red Cross or the Illinois Emergency | ||||||
| 6 | Management Agency for the services of
that employee and upon
| ||||||
| 7 | the approval of that
employee's agency, without loss of | ||||||
| 8 | seniority, pay, vacation time, compensatory
time, personal | ||||||
| 9 | days, sick time, or earned overtime accumulation. The agency
| ||||||
| 10 | must compensate an employee granted leave under this Section at | ||||||
| 11 | his or her
regular rate of pay for those regular work hours | ||||||
| 12 | during which the employee is
absent from work. Leave under this | ||||||
| 13 | Act shall not be unreasonably denied for
services related to a | ||||||
| 14 | disaster within the United States or its territories.
| ||||||
| 15 | (Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04; | ||||||
| 16 | revised 12-1-14.)
| ||||||
| 17 | Section 165. The Illinois Police Training Act is amended by | ||||||
| 18 | changing Section 9 as follows:
| ||||||
| 19 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
| 20 | Sec. 9.
A special fund is hereby established in the State | ||||||
| 21 | Treasury to
be known as the "The Traffic and Criminal | ||||||
| 22 | Conviction Surcharge Fund" and shall
be financed as provided in | ||||||
| 23 | Section 9.1 of this Act and Section 5-9-1 of the
"Unified Code | ||||||
| 24 | of Corrections", unless the fines, costs, or additional
amounts | ||||||
| |||||||
| |||||||
| 1 | imposed are subject to disbursement by the circuit clerk under
| ||||||
| 2 | Section 27.5 of the Clerks of Courts Act. Moneys in this Fund | ||||||
| 3 | shall be
expended as follows:
| ||||||
| 4 | (1) a A portion of the total amount deposited in the | ||||||
| 5 | Fund may be used, as
appropriated by the General Assembly, | ||||||
| 6 | for the ordinary and contingent expenses
of the Illinois | ||||||
| 7 | Law Enforcement Training Standards Board;
| ||||||
| 8 | (2) a A portion of the total amount deposited in the | ||||||
| 9 | Fund
shall be appropriated for the reimbursement of local | ||||||
| 10 | governmental agencies
participating in training programs | ||||||
| 11 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
| 12 | total sum paid by such agencies during the State's previous
| ||||||
| 13 | fiscal year for mandated training for probationary police | ||||||
| 14 | officers or
probationary county corrections officers and | ||||||
| 15 | for optional advanced and
specialized law enforcement or | ||||||
| 16 | county corrections training; these . These
reimbursements | ||||||
| 17 | may include the costs for tuition at training schools, the
| ||||||
| 18 | salaries of trainees while in schools, and the necessary | ||||||
| 19 | travel and room
and board expenses for each trainee; if . If | ||||||
| 20 | the appropriations under this
paragraph (2) are not | ||||||
| 21 | sufficient to fully reimburse the participating local
| ||||||
| 22 | governmental agencies, the available funds shall be | ||||||
| 23 | apportioned among such
agencies, with priority first given | ||||||
| 24 | to repayment of the costs of mandatory
training given to | ||||||
| 25 | law enforcement officer or county corrections officer
| ||||||
| 26 | recruits, then to repayment of costs of advanced or | ||||||
| |||||||
| |||||||
| 1 | specialized training
for permanent police officers or | ||||||
| 2 | permanent county corrections officers;
| ||||||
| 3 | (3) a A portion of the total amount deposited in the | ||||||
| 4 | Fund may be used to
fund the "Intergovernmental Law | ||||||
| 5 | Enforcement Officer's In-Service Training
Act", veto | ||||||
| 6 | overridden October 29, 1981, as now or hereafter amended, | ||||||
| 7 | at
a rate and method to be determined by the board;
| ||||||
| 8 | (4) a A portion of the Fund also may be used by the | ||||||
| 9 | Illinois Department
of State Police for expenses incurred | ||||||
| 10 | in the training of employees from
any State, county or | ||||||
| 11 | municipal agency whose function includes enforcement
of | ||||||
| 12 | criminal or traffic law;
| ||||||
| 13 | (5) a A portion of the Fund may be used by the Board to | ||||||
| 14 | fund grant-in-aid
programs and services for the training of | ||||||
| 15 | employees from any county or
municipal agency whose | ||||||
| 16 | functions include corrections or the enforcement of
| ||||||
| 17 | criminal or traffic
law;
| ||||||
| 18 | (6) for For fiscal years 2013, 2014, and 2015 only, a | ||||||
| 19 | portion of the Fund also may be used by the
Department of | ||||||
| 20 | State Police to finance any of its lawful purposes or | ||||||
| 21 | functions; and | ||||||
| 22 | (7) a A portion of the Fund may be used by the Board, | ||||||
| 23 | subject to appropriation, to administer grants to local law | ||||||
| 24 | enforcement agencies for the purpose of purchasing | ||||||
| 25 | bulletproof vests under the Law Enforcement Officer | ||||||
| 26 | Bulletproof Vest Act. | ||||||
| |||||||
| |||||||
| 1 | All payments from the Traffic and Criminal Conviction | ||||||
| 2 | Surcharge Fund shall
be made each year from moneys appropriated | ||||||
| 3 | for the purposes specified in
this Section. No more than 50% of | ||||||
| 4 | any appropriation under this Act shall be
spent in any city | ||||||
| 5 | having a population of more than 500,000. The State
Comptroller | ||||||
| 6 | and the State Treasurer shall from time to time, at the
| ||||||
| 7 | direction of the Governor, transfer from the Traffic and | ||||||
| 8 | Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||||||
| 9 | in the State Treasury
such amounts as the Governor determines | ||||||
| 10 | are in excess of the amounts
required to meet the obligations | ||||||
| 11 | of the Traffic and Criminal Conviction
Surcharge Fund.
| ||||||
| 12 | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | ||||||
| 13 | 98-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 14 | Section 170. The Children's Advocacy Center Act is amended | ||||||
| 15 | by changing Section 4 as follows:
| ||||||
| 16 | (55 ILCS 80/4) (from Ch. 23, par. 1804)
| ||||||
| 17 | Sec. 4. Children's Advocacy Center.
| ||||||
| 18 | (a) A CAC may be
established to coordinate the activities | ||||||
| 19 | of the various agencies involved
in the investigation, | ||||||
| 20 | prosecution and treatment of child maltreatment. The | ||||||
| 21 | individual county or regional Advisory Board shall set the | ||||||
| 22 | written protocol of the CAC within the appropriate | ||||||
| 23 | jurisdiction.
The operation of the CAC may be funded through | ||||||
| 24 | public or private grants, contracts, donations, fees, and
other | ||||||
| |||||||
| |||||||
| 1 | available sources under this Act. Each CAC shall operate to the | ||||||
| 2 | best of its ability in accordance with available funding. In | ||||||
| 3 | counties in which a referendum has been adopted
under Section 5 | ||||||
| 4 | of this Act, the Advisory Board, by the majority vote of its | ||||||
| 5 | members, shall submit a
proposed annual budget for the | ||||||
| 6 | operation of the CAC to the county board,
which shall | ||||||
| 7 | appropriate funds and levy a tax sufficient to
operate the CAC. | ||||||
| 8 | The county board in each county in which a
referendum has been | ||||||
| 9 | adopted shall establish a Children's Advocacy
Center Fund and | ||||||
| 10 | shall deposit the net proceeds of the tax authorized by
Section | ||||||
| 11 | 6 of this Act in that Fund, which shall be kept separate from | ||||||
| 12 | all
other county funds and shall only be used for the purposes | ||||||
| 13 | of this Act.
| ||||||
| 14 | (b) The Advisory Board shall pay from the Children's | ||||||
| 15 | Advocacy Center
Fund or from other available funds the salaries | ||||||
| 16 | of all employees of the
Center and the expenses of acquiring a | ||||||
| 17 | physical plant for
the Center by construction or lease and | ||||||
| 18 | maintaining the Center, including
the expenses of | ||||||
| 19 | administering the coordination of the investigation,
| ||||||
| 20 | prosecution and treatment referral of child maltreatment under | ||||||
| 21 | the provisions of the protocol
adopted pursuant to this Act.
| ||||||
| 22 | (c) Every CAC shall include at least the following | ||||||
| 23 | components:
| ||||||
| 24 | (1) A multidisciplinary, coordinated systems approach | ||||||
| 25 | to the
investigation of child maltreatment which shall | ||||||
| 26 | include, at a minimum: ;
| ||||||
| |||||||
| |||||||
| 1 | (i) an interagency notification procedure;
| ||||||
| 2 | (ii) a policy on multidisciplinary team | ||||||
| 3 | collaboration and communication that requires MDT | ||||||
| 4 | members share information pertinent to investigations | ||||||
| 5 | and the safety of children;
| ||||||
| 6 | (iii) (blank);
| ||||||
| 7 | (iv) a description of the role each agency has in | ||||||
| 8 | responding to a referral for services in an individual | ||||||
| 9 | case;
| ||||||
| 10 | (v) a dispute resolution process between the | ||||||
| 11 | involved agencies when a conflict arises on how to | ||||||
| 12 | proceed on the referral of a particular case; | ||||||
| 13 | (vi) a process for the CAC to assist in the | ||||||
| 14 | forensic interview of children that witness alleged | ||||||
| 15 | crimes; | ||||||
| 16 | (vii) a child-friendly, trauma informed space for | ||||||
| 17 | children and their non-offending family members; | ||||||
| 18 | (viii) an MDT approach including law enforcement, | ||||||
| 19 | prosecution, medical, mental health, victim advocacy, | ||||||
| 20 | and other community resources; | ||||||
| 21 | (ix) medical evaluation on-site or off-site | ||||||
| 22 | through referral; | ||||||
| 23 | (x) mental health services on-site or off-site | ||||||
| 24 | through referral; | ||||||
| 25 | (xi) on-site forensic interviews; | ||||||
| 26 | (xii) culturally competent services; | ||||||
| |||||||
| |||||||
| 1 | (xiii) case tracking and review; | ||||||
| 2 | (xiv) case staffing on each investigation; | ||||||
| 3 | (xv) effective organizational capacity; and | ||||||
| 4 | (xvi) a policy or procedure to familiarize a child | ||||||
| 5 | and his or her non-offending family members or | ||||||
| 6 | guardians with the court process as well as | ||||||
| 7 | preparations for testifying in court, if necessary; . | ||||||
| 8 | (2) A safe, separate space with assigned personnel | ||||||
| 9 | designated for the
investigation and coordination of child | ||||||
| 10 | maltreatment cases;
| ||||||
| 11 | (3) A multidisciplinary case review process for | ||||||
| 12 | purposes of
decision-making, problem solving, systems | ||||||
| 13 | coordination, and information
sharing;
| ||||||
| 14 | (4) A comprehensive client tracking system to receive | ||||||
| 15 | and coordinate
information concerning child maltreatment | ||||||
| 16 | cases from each participating agency;
| ||||||
| 17 | (5) Multidisciplinary specialized training for all | ||||||
| 18 | professionals involved
with the victims and non-offending | ||||||
| 19 | family members in child maltreatment cases; and
| ||||||
| 20 | (6) A process for evaluating the effectiveness of the | ||||||
| 21 | CAC and its
operations.
| ||||||
| 22 | (d) In the event that a CAC has been established as | ||||||
| 23 | provided in this
Section, the Advisory Board of that CAC may, | ||||||
| 24 | by a majority vote of the members,
authorize the CAC to | ||||||
| 25 | coordinate the activities of the various agencies
involved in | ||||||
| 26 | the investigation, prosecution, and treatment referral in | ||||||
| |||||||
| |||||||
| 1 | cases of serious or fatal injury to a
child. For CACs receiving | ||||||
| 2 | funds under Section 5 or 6 of this Act, the Advisory Board | ||||||
| 3 | shall provide for the financial
support of these activities in | ||||||
| 4 | a manner similar to that set out in subsections
(a) and (b) of | ||||||
| 5 | this Section and shall be allowed to submit a budget that
| ||||||
| 6 | includes support for physical abuse and neglect activities to | ||||||
| 7 | the County Board,
which shall appropriate funds that may be | ||||||
| 8 | available under Section 5 of this
Act. In cooperation with the | ||||||
| 9 | Department of Children and Family Services Child Death Review | ||||||
| 10 | Teams, the Department of Children and Family Services Office of | ||||||
| 11 | the Inspector General, and other stakeholders, this protocol | ||||||
| 12 | must be initially implemented in selected counties to the | ||||||
| 13 | extent that State appropriations or funds from other sources | ||||||
| 14 | for this purpose allow.
| ||||||
| 15 | (e) CACI may also provide technical
assistance and guidance | ||||||
| 16 | to the Advisory Boards.
| ||||||
| 17 | (Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)
| ||||||
| 18 | Section 175. The Township Code is amended by changing | ||||||
| 19 | Section 30-50 as follows:
| ||||||
| 20 | (60 ILCS 1/30-50)
| ||||||
| 21 | Sec. 30-50. Purchase and use of property.
| ||||||
| 22 | (a) The electors may make all orders for the
purchase, | ||||||
| 23 | sale, conveyance,
regulation, or use of the township's | ||||||
| 24 | corporate property (including
the direct
sale or lease of | ||||||
| |||||||
| |||||||
| 1 | single township road district property) that may be deemed | ||||||
| 2 | conducive
to
the interests of its inhabitants, including the | ||||||
| 3 | lease, for up to 10 years, or for up to 25 years if the lease is | ||||||
| 4 | for a wireless telecommunications tower, at
fair market value, | ||||||
| 5 | of corporate property for which no use or need during the
lease | ||||||
| 6 | period is anticipated at the time of leasing. The property may | ||||||
| 7 | be leased
to another governmental body, however,
or to a | ||||||
| 8 | not-for-profit corporation that has contracted to construct or | ||||||
| 9 | fund
the construction of a structure or improvement upon the | ||||||
| 10 | real estate owned by
the township and that has contracted with | ||||||
| 11 | the township to allow the township to
use at least a portion of | ||||||
| 12 | the structure or improvement to be constructed upon
the real | ||||||
| 13 | estate leased and not otherwise used by the township,
for any | ||||||
| 14 | term not exceeding 50 years and
for any consideration.
In the | ||||||
| 15 | case of a not-for-profit corporation, the township shall hold a | ||||||
| 16 | public
hearing on the proposed lease. The township clerk shall | ||||||
| 17 | give
notice of the hearing
by publication in a newspaper | ||||||
| 18 | published in the township,
or in a newspaper published in the | ||||||
| 19 | county and having general
circulation in the township if no | ||||||
| 20 | newspaper is published in the township, and
by posting notices | ||||||
| 21 | in at least 5 public places
at least 15 days before the public | ||||||
| 22 | hearing.
| ||||||
| 23 | (b) If a new tax is to be levied or an existing tax rate is | ||||||
| 24 | to be increased
above the statutory limits for the purchase of | ||||||
| 25 | the property, however, no action
otherwise authorized in | ||||||
| 26 | subsection (a) shall be taken unless a petition signed
by at | ||||||
| |||||||
| |||||||
| 1 | least 10% of the registered voters residing in the township is | ||||||
| 2 | presented
to the township clerk. If a petition is presented to | ||||||
| 3 | the township clerk, the
clerk shall order a referendum on the | ||||||
| 4 | proposition. The referendum shall be
held at the next annual or | ||||||
| 5 | special township meeting or at an election in
accordance with | ||||||
| 6 | the general election law. If the referendum is ordered to be
| ||||||
| 7 | held at the township meeting, the township clerk shall give | ||||||
| 8 | notice that at the
next annual or special township meeting the | ||||||
| 9 | proposition shall be voted upon.
The notice shall set forth the | ||||||
| 10 | proposition and shall be given by publication in
a newspaper | ||||||
| 11 | published in the township. If there is no newspaper published
| ||||||
| 12 | in the township, the notice shall be published in a newspaper | ||||||
| 13 | published in the
county and having general circulation in the | ||||||
| 14 | township. Notice also shall be
given by posting notices in at | ||||||
| 15 | least 5 public places at least 15 days before
the township | ||||||
| 16 | meeting. If the referendum is ordered to be held at an | ||||||
| 17 | election,
the township clerk shall certify that proposition to | ||||||
| 18 | the proper election
officials, who shall submit the proposition | ||||||
| 19 | at an election. The proposition
shall be submitted in | ||||||
| 20 | accordance with the general election law.
| ||||||
| 21 | (c) If the leased property is utilized in part for private | ||||||
| 22 | use and in part
for public use, those portions of the | ||||||
| 23 | improvements devoted to private use are
fully taxable. The land | ||||||
| 24 | is exempt from taxation to the extent that the uses on
the land | ||||||
| 25 | are public and taxable to the extent that the uses are private.
| ||||||
| 26 | (d) Before the township makes a lease or sale of township | ||||||
| |||||||
| |||||||
| 1 | or road
district
real property, the electors shall adopt a | ||||||
| 2 | resolution
stating
the intent to lease or sell the real | ||||||
| 3 | property, describing the
property in full, and stating the | ||||||
| 4 | terms and conditions the electors deem
necessary and desirable | ||||||
| 5 | for the lease or sale. A resolution stating the
intent to sell | ||||||
| 6 | real property shall also contain pertinent information
| ||||||
| 7 | concerning the size, use, and zoning of the property.
The value | ||||||
| 8 | of real property shall be determined
by a State licensed real | ||||||
| 9 | estate appraiser.
The appraisal shall be available for
public | ||||||
| 10 | inspection. The resolution may direct the sale to be conducted | ||||||
| 11 | by the
staff of the township or by listing with local licensed | ||||||
| 12 | real
estate agencies
(in which case the terms of the agent's | ||||||
| 13 | compensation shall be included in the
resolution).
| ||||||
| 14 | Anytime during the year, the township or township road | ||||||
| 15 | district may lease or sell personal property by a vote of the | ||||||
| 16 | township board or request of the township highway commissioner.
| ||||||
| 17 | The clerk shall thereafter publish the resolution or | ||||||
| 18 | personal property
sale notice once in a newspaper published in | ||||||
| 19 | the township or, if no newspaper
is published in the township, | ||||||
| 20 | in a newspaper generally circulated in the
township. If no | ||||||
| 21 | newspaper is generally circulated in the township, the clerk
| ||||||
| 22 | shall post the resolution or personal property sale notice in 5 | ||||||
| 23 | of the
most public places in the township. In addition to the | ||||||
| 24 | foregoing publication
requirements, the clerk shall post the | ||||||
| 25 | resolution or personal property
sale notice at the office of | ||||||
| 26 | the township (if township property is involved)
or at the | ||||||
| |||||||
| |||||||
| 1 | office of the road district (if road district property is
| ||||||
| 2 | involved). The following information shall be published or | ||||||
| 3 | posted with the
resolution or
personal property sale notice: | ||||||
| 4 | (i) the date by which all bids must be
received by the township | ||||||
| 5 | or road district, which shall not be less than 30
days
after | ||||||
| 6 | the date of publication or posting, and (ii) the place, time, | ||||||
| 7 | and date at
which bids shall be opened, which shall be at a | ||||||
| 8 | regular meeting of the township
board.
| ||||||
| 9 | All bids shall be opened by the clerk (or someone duly | ||||||
| 10 | appointed to act
for the clerk) at the regular meeting of the | ||||||
| 11 | township board described in the
notice. With respect to | ||||||
| 12 | township personal property, the township board may accept
the | ||||||
| 13 | high bid or any
other bid determined to be in the best | ||||||
| 14 | interests of the township by a majority
vote of the board. With | ||||||
| 15 | respect to township real property, the township
board may | ||||||
| 16 | accept the high bid or any other bid determined to be in the
| ||||||
| 17 | best interests of the township by a vote of three-fourths of | ||||||
| 18 | the township
board then holding office, but in no event at a | ||||||
| 19 | price less than 80% of the
appraised value. With respect to | ||||||
| 20 | road district property, the highway
commissioner may accept
the | ||||||
| 21 | high bid or any other bid determined to be in the best | ||||||
| 22 | interests of the
road district. In each case, the township | ||||||
| 23 | board or commissioner
may
reject
any and all bids. This notice | ||||||
| 24 | and competitive bidding procedure shall not be followed
when | ||||||
| 25 | property is leased to another governmental body.
The notice and
| ||||||
| 26 | competitive bidding procedure shall not be followed when real | ||||||
| |||||||
| |||||||
| 1 | or personal property is declared
surplus by the township board | ||||||
| 2 | or the highway commissioner and sold to another governmental | ||||||
| 3 | body.
| ||||||
| 4 | The township board or the highway commissioner may | ||||||
| 5 | authorize the sale of personal property by public auction | ||||||
| 6 | conducted by an auctioneer licensed under the Auction License | ||||||
| 7 | Act or through an approved Internet auction service. | ||||||
| 8 | (e) A trade-in of machinery or equipment on new or | ||||||
| 9 | different machinery or
equipment does not constitute the sale | ||||||
| 10 | of township or road district property.
| ||||||
| 11 | (Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13; | ||||||
| 12 | 98-653, eff. 6-18-14; revised 6-24-14.)
| ||||||
| 13 | Section 180. The Illinois Municipal Code is amended by | ||||||
| 14 | changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and | ||||||
| 15 | 11-74.4-3.5 as follows:
| ||||||
| 16 | (65 ILCS 5/10-1-7.1) | ||||||
| 17 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
| 18 | department. | ||||||
| 19 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 20 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
| 21 | original appointments to an affected full-time fire | ||||||
| 22 | department. Existing registers of eligibles shall continue to | ||||||
| 23 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 24 | years after the effective date of this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 97th General Assembly. | ||||||
| 2 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 3 | to the contrary, all original appointments to an affected | ||||||
| 4 | department to which this Section applies shall be administered | ||||||
| 5 | in the manner provided for in this Section. Provisions of the | ||||||
| 6 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 7 | adopted pursuant to such authority and other laws relating to | ||||||
| 8 | initial hiring of firefighters in affected departments shall | ||||||
| 9 | continue to apply to the extent they are compatible with this | ||||||
| 10 | Section, but in the event of a conflict between this Section | ||||||
| 11 | and any other law, this Section shall control. | ||||||
| 12 | A home rule or non-home rule municipality may not | ||||||
| 13 | administer its fire department process for original | ||||||
| 14 | appointments in a manner that is less stringent than this | ||||||
| 15 | Section. This Section is a limitation under subsection (i) of | ||||||
| 16 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 17 | concurrent exercise by home rule units of the powers and | ||||||
| 18 | functions exercised by the State. | ||||||
| 19 | A municipality that is operating under a court order or | ||||||
| 20 | consent decree regarding original appointments to a full-time | ||||||
| 21 | fire department before the effective date of this amendatory | ||||||
| 22 | Act of the 97th General Assembly is exempt from the | ||||||
| 23 | requirements of this Section for the duration of the court | ||||||
| 24 | order or consent decree. | ||||||
| 25 | Notwithstanding any other provision of this subsection | ||||||
| 26 | (a), this Section does not apply to a municipality with more | ||||||
| |||||||
| |||||||
| 1 | than 1,000,000 inhabitants. | ||||||
| 2 | (b) Original appointments. All original appointments made | ||||||
| 3 | to an affected fire department shall be made from a register of | ||||||
| 4 | eligibles established in accordance with the processes | ||||||
| 5 | established by this Section. Only persons who meet or exceed | ||||||
| 6 | the performance standards required by this Section shall be | ||||||
| 7 | placed on a register of eligibles for original appointment to | ||||||
| 8 | an affected fire department. | ||||||
| 9 | Whenever an appointing authority authorizes action to hire | ||||||
| 10 | a person to perform the duties of a firefighter or to hire a | ||||||
| 11 | firefighter-paramedic to fill a position that is a new position | ||||||
| 12 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 13 | granting of a disability or retirement pension, or any other | ||||||
| 14 | cause, the appointing authority shall appoint to that position | ||||||
| 15 | the person with the highest ranking on the final eligibility | ||||||
| 16 | list. If the appointing authority has reason to conclude that | ||||||
| 17 | the highest ranked person fails to meet the minimum standards | ||||||
| 18 | for the position or if the appointing authority believes an | ||||||
| 19 | alternate candidate would better serve the needs of the | ||||||
| 20 | department, then the appointing authority has the right to pass | ||||||
| 21 | over the highest ranked person and appoint either: (i) any | ||||||
| 22 | person who has a ranking in the top 5% of the register of | ||||||
| 23 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 24 | ranked persons on the list of eligibles if the number of people | ||||||
| 25 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 26 | is less than 5 people. | ||||||
| |||||||
| |||||||
| 1 | Any candidate may pass on an appointment once without | ||||||
| 2 | losing his or her position on the register of eligibles. Any | ||||||
| 3 | candidate who passes a second time may be removed from the list | ||||||
| 4 | by the appointing authority provided that such action shall not | ||||||
| 5 | prejudice a person's opportunities to participate in future | ||||||
| 6 | examinations, including an examination held during the time a | ||||||
| 7 | candidate is already on the municipality's register of | ||||||
| 8 | eligibles. | ||||||
| 9 | The sole authority to issue certificates of appointment | ||||||
| 10 | shall be vested in the Civil Service Commission. All | ||||||
| 11 | certificates of appointment issued to any officer or member of | ||||||
| 12 | an affected department shall be signed by the chairperson and | ||||||
| 13 | secretary, respectively, of the commission upon appointment of | ||||||
| 14 | such officer or member to the affected department by the | ||||||
| 15 | commission. Each person who accepts a certificate of | ||||||
| 16 | appointment and successfully completes his or her probationary | ||||||
| 17 | period shall be enrolled as a firefighter and as a regular | ||||||
| 18 | member of the fire department. | ||||||
| 19 | For the purposes of this Section, "firefighter" means any | ||||||
| 20 | person who has been prior to, on, or after the effective date | ||||||
| 21 | of this amendatory Act of the 97th General Assembly appointed | ||||||
| 22 | to a fire department or fire protection district or employed by | ||||||
| 23 | a State university and sworn or commissioned to perform | ||||||
| 24 | firefighter duties or paramedic duties, or both, except that | ||||||
| 25 | the following persons are not included: part-time | ||||||
| 26 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
| |||||||
| |||||||
| 1 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
| 2 | other civilian employees of a fire department or fire | ||||||
| 3 | protection district who are not routinely expected to perform | ||||||
| 4 | firefighter duties; and elected officials. | ||||||
| 5 | (c) Qualification for placement on register of eligibles. | ||||||
| 6 | The purpose of establishing a register of eligibles is to | ||||||
| 7 | identify applicants who possess and demonstrate the mental | ||||||
| 8 | aptitude and physical ability to perform the duties required of | ||||||
| 9 | members of the fire department in order to provide the highest | ||||||
| 10 | quality of service to the public. To this end, all applicants | ||||||
| 11 | for original appointment to an affected fire department shall | ||||||
| 12 | be subject to examination and testing which shall be public, | ||||||
| 13 | competitive, and open to all applicants unless the municipality | ||||||
| 14 | shall by ordinance limit applicants to residents of the | ||||||
| 15 | municipality, county or counties in which the municipality is | ||||||
| 16 | located, State, or nation. Any examination and testing | ||||||
| 17 | procedure utilized under subsection (e) of this Section shall | ||||||
| 18 | be supported by appropriate validation evidence and shall | ||||||
| 19 | comply with all applicable State state and federal laws. | ||||||
| 20 | Municipalities may establish educational, emergency medical | ||||||
| 21 | service licensure, and other pre-requisites for participation | ||||||
| 22 | in an examination or for hire as a firefighter. Any | ||||||
| 23 | municipality may charge a fee to cover the costs of the | ||||||
| 24 | application process. | ||||||
| 25 | Residency requirements in effect at the time an individual | ||||||
| 26 | enters the fire service of a municipality cannot be made more | ||||||
| |||||||
| |||||||
| 1 | restrictive for that individual during his or her period of | ||||||
| 2 | service for that municipality, or be made a condition of | ||||||
| 3 | promotion, except for the rank or position of fire chief and | ||||||
| 4 | for no more than 2 positions that rank immediately below that | ||||||
| 5 | of the chief rank which are appointed positions pursuant to the | ||||||
| 6 | Fire Department Promotion Act. | ||||||
| 7 | No person who is 35 years of age or older shall be eligible | ||||||
| 8 | to take an examination for a position as a firefighter unless | ||||||
| 9 | the person has had previous employment status as a firefighter | ||||||
| 10 | in the regularly constituted fire department of the | ||||||
| 11 | municipality, except as provided in this Section. The age | ||||||
| 12 | limitation does not apply to: | ||||||
| 13 | (1) any person previously employed as a full-time | ||||||
| 14 | firefighter in a regularly constituted fire department of | ||||||
| 15 | (i) any municipality or fire protection district located in | ||||||
| 16 | Illinois, (ii) a fire protection district whose | ||||||
| 17 | obligations were assumed by a municipality under Section 21 | ||||||
| 18 | of the Fire Protection District Act, or (iii) a | ||||||
| 19 | municipality whose obligations were taken over by a fire | ||||||
| 20 | protection district, or | ||||||
| 21 | (2) any person who has served a municipality as a | ||||||
| 22 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 23 | firefighter for the 5 years immediately preceding the time | ||||||
| 24 | that the municipality begins to use full-time firefighters | ||||||
| 25 | to provide all or part of its fire protection service. | ||||||
| 26 | No person who is under 21 years of age shall be eligible | ||||||
| |||||||
| |||||||
| 1 | for employment as a firefighter. | ||||||
| 2 | No applicant shall be examined concerning his or her | ||||||
| 3 | political or religious opinions or affiliations. The | ||||||
| 4 | examinations shall be conducted by the commissioners of the | ||||||
| 5 | municipality or their designees and agents. | ||||||
| 6 | No municipality shall require that any firefighter | ||||||
| 7 | appointed to the lowest rank serve a probationary employment | ||||||
| 8 | period of longer than one year of actual active employment, | ||||||
| 9 | which may exclude periods of training, or injury or illness | ||||||
| 10 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 11 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 12 | the probationary employment period limitation may be extended | ||||||
| 13 | for a firefighter who is required, as a condition of | ||||||
| 14 | employment, to be a licensed paramedic, during which time the | ||||||
| 15 | sole reason that a firefighter may be discharged without a | ||||||
| 16 | hearing is for failing to meet the requirements for paramedic | ||||||
| 17 | licensure. | ||||||
| 18 | In the event that any applicant who has been found eligible | ||||||
| 19 | for appointment and whose name has been placed upon the final | ||||||
| 20 | eligibility register provided for in this Division 1 has not | ||||||
| 21 | been appointed to a firefighter position within one year after | ||||||
| 22 | the date of his or her physical ability examination, the | ||||||
| 23 | commission may cause a second examination to be made of that | ||||||
| 24 | applicant's physical ability prior to his or her appointment. | ||||||
| 25 | If, after the second examination, the physical ability of the | ||||||
| 26 | applicant shall be found to be less than the minimum standard | ||||||
| |||||||
| |||||||
| 1 | fixed by the rules of the commission, the applicant shall not | ||||||
| 2 | be appointed. The applicant's name may be retained upon the | ||||||
| 3 | register of candidates eligible for appointment and when next | ||||||
| 4 | reached for certification and appointment that applicant may be | ||||||
| 5 | again examined as provided in this Section, and if the physical | ||||||
| 6 | ability of that applicant is found to be less than the minimum | ||||||
| 7 | standard fixed by the rules of the commission, the applicant | ||||||
| 8 | shall not be appointed, and the name of the applicant shall be | ||||||
| 9 | removed from the register. | ||||||
| 10 | (d) Notice, examination, and testing components. Notice of | ||||||
| 11 | the time, place, general scope, merit criteria for any | ||||||
| 12 | subjective component, and fee of every examination shall be | ||||||
| 13 | given by the commission, by a publication at least 2 weeks | ||||||
| 14 | preceding the examination: (i) in one or more newspapers | ||||||
| 15 | published in the municipality, or if no newspaper is published | ||||||
| 16 | therein, then in one or more newspapers with a general | ||||||
| 17 | circulation within the municipality, or (ii) on the | ||||||
| 18 | municipality's Internet website. Additional notice of the | ||||||
| 19 | examination may be given as the commission shall prescribe. | ||||||
| 20 | The examination and qualifying standards for employment of | ||||||
| 21 | firefighters shall be based on: mental aptitude, physical | ||||||
| 22 | ability, preferences, moral character, and health. The mental | ||||||
| 23 | aptitude, physical ability, and preference components shall | ||||||
| 24 | determine an applicant's qualification for and placement on the | ||||||
| 25 | final register of eligibles. The examination may also include a | ||||||
| 26 | subjective component based on merit criteria as determined by | ||||||
| |||||||
| |||||||
| 1 | the commission. Scores from the examination must be made | ||||||
| 2 | available to the public. | ||||||
| 3 | (e) Mental aptitude. No person who does not possess at | ||||||
| 4 | least a high school diploma or an equivalent high school | ||||||
| 5 | education shall be placed on a register of eligibles. | ||||||
| 6 | Examination of an applicant's mental aptitude shall be based | ||||||
| 7 | upon a written examination. The examination shall be practical | ||||||
| 8 | in character and relate to those matters that fairly test the | ||||||
| 9 | capacity of the persons examined to discharge the duties | ||||||
| 10 | performed by members of a fire department. Written examinations | ||||||
| 11 | shall be administered in a manner that ensures the security and | ||||||
| 12 | accuracy of the scores achieved. | ||||||
| 13 | (f) Physical ability. All candidates shall be required to | ||||||
| 14 | undergo an examination of their physical ability to perform the | ||||||
| 15 | essential functions included in the duties they may be called | ||||||
| 16 | upon to perform as a member of a fire department. For the | ||||||
| 17 | purposes of this Section, essential functions of the job are | ||||||
| 18 | functions associated with duties that a firefighter may be | ||||||
| 19 | called upon to perform in response to emergency calls. The | ||||||
| 20 | frequency of the occurrence of those duties as part of the fire | ||||||
| 21 | department's regular routine shall not be a controlling factor | ||||||
| 22 | in the design of examination criteria or evolutions selected | ||||||
| 23 | for testing. These physical examinations shall be open, | ||||||
| 24 | competitive, and based on industry standards designed to test | ||||||
| 25 | each applicant's physical abilities in the following | ||||||
| 26 | dimensions: | ||||||
| |||||||
| |||||||
| 1 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 2 | that may be required in the performance of duties including | ||||||
| 3 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 4 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 5 | to test both the candidate's speed and endurance in | ||||||
| 6 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 7 | on standards developed, or approved, by the local | ||||||
| 8 | appointing authority. | ||||||
| 9 | (2) The ability to climb ladders, operate from heights, | ||||||
| 10 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 11 | and operate in proximity to hazardous environments. | ||||||
| 12 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 13 | and complex problem solving during physical exertion in | ||||||
| 14 | stressful and hazardous environments. The testing | ||||||
| 15 | environment may be hot and dark with tightly enclosed | ||||||
| 16 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 17 | The tests utilized to measure each applicant's
| ||||||
| 18 | capabilities in each of these dimensions may be tests based on
| ||||||
| 19 | industry standards currently in use or equivalent tests | ||||||
| 20 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 21 | of the State Fire Marshal. | ||||||
| 22 | Physical ability examinations administered under this | ||||||
| 23 | Section shall be conducted with a reasonable number of proctors | ||||||
| 24 | and monitors, open to the public, and subject to reasonable | ||||||
| 25 | regulations of the commission. | ||||||
| 26 | (g) Scoring of examination components. Appointing | ||||||
| |||||||
| |||||||
| 1 | authorities may create a preliminary eligibility register. A | ||||||
| 2 | person shall be placed on the list based upon his or her | ||||||
| 3 | passage of the written examination or the passage of the | ||||||
| 4 | written examination and the physical ability component. | ||||||
| 5 | Passage of the written examination means attaining the minimum | ||||||
| 6 | score set by the commission. Minimum scores should be set by | ||||||
| 7 | the commission so as to demonstrate a candidate's ability to | ||||||
| 8 | perform the essential functions of the job. The minimum score | ||||||
| 9 | set by the commission shall be supported by appropriate | ||||||
| 10 | validation evidence and shall comply with all applicable State | ||||||
| 11 | state and federal laws. The appointing authority may conduct | ||||||
| 12 | the physical ability component and any subjective components | ||||||
| 13 | subsequent to the posting of the preliminary eligibility | ||||||
| 14 | register. | ||||||
| 15 | The examination components for an initial eligibility | ||||||
| 16 | register shall be graded on a 100-point scale. A person's | ||||||
| 17 | position on the list shall be determined by the following: (i)
| ||||||
| 18 | the person's score on the written examination, (ii) the person
| ||||||
| 19 | successfully passing the physical ability component, and (iii) | ||||||
| 20 | the
person's results on any subjective component as described | ||||||
| 21 | in
subsection (d). | ||||||
| 22 | In order to qualify for placement on the final eligibility | ||||||
| 23 | register, an applicant's score on the written examination, | ||||||
| 24 | before any applicable preference points or subjective points | ||||||
| 25 | are applied, shall be at or above the minimum score set by the | ||||||
| 26 | commission. The local appointing authority may prescribe the | ||||||
| |||||||
| |||||||
| 1 | score to qualify for placement on the final eligibility | ||||||
| 2 | register, but the score shall not be less than the minimum | ||||||
| 3 | score set by the commission. | ||||||
| 4 | The commission shall prepare and keep a register of persons | ||||||
| 5 | whose total score is not less than the minimum score for | ||||||
| 6 | passage and who have passed the physical ability examination. | ||||||
| 7 | These persons shall take rank upon the register as candidates | ||||||
| 8 | in the order of their relative excellence based on the highest | ||||||
| 9 | to the lowest total points scored on the mental aptitude, | ||||||
| 10 | subjective component, and preference components of the test | ||||||
| 11 | administered in accordance with this Section. No more than 60 | ||||||
| 12 | days after each examination, an initial eligibility list shall | ||||||
| 13 | be posted by the commission. The list shall include the final | ||||||
| 14 | grades of the candidates without reference to priority of the | ||||||
| 15 | time of examination and subject to claim for preference credit. | ||||||
| 16 | Commissions may conduct additional examinations, including | ||||||
| 17 | without limitation a polygraph test, after a final eligibility | ||||||
| 18 | register is established and before it expires with the | ||||||
| 19 | candidates ranked by total score without regard to date of | ||||||
| 20 | examination. No more than 60 days after each examination, an | ||||||
| 21 | initial eligibility list shall be posted by the commission | ||||||
| 22 | showing the final grades of the candidates without reference to | ||||||
| 23 | priority of time of examination and subject to claim for | ||||||
| 24 | preference credit. | ||||||
| 25 | (h) Preferences. The following are preferences: | ||||||
| 26 | (1) Veteran preference. Persons who were engaged in the | ||||||
| |||||||
| |||||||
| 1 | military service of the United States for a period of at | ||||||
| 2 | least one year of active duty and who were honorably | ||||||
| 3 | discharged therefrom, or who are now or have been members | ||||||
| 4 | on inactive or reserve duty in such military or naval | ||||||
| 5 | service, shall be preferred for appointment to and | ||||||
| 6 | employment with the fire department of an affected | ||||||
| 7 | department. | ||||||
| 8 | (2) Fire cadet preference. Persons who have | ||||||
| 9 | successfully completed 2 years of study in fire techniques | ||||||
| 10 | or cadet training within a cadet program established under | ||||||
| 11 | the rules of the Joint Labor and Management Committee | ||||||
| 12 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 13 | Promotion Act, may be preferred for appointment to and | ||||||
| 14 | employment with the fire department. | ||||||
| 15 | (3) Educational preference. Persons who have | ||||||
| 16 | successfully obtained an associate's degree in the field of | ||||||
| 17 | fire service or emergency medical services, or a bachelor's | ||||||
| 18 | degree from an accredited college or university may be | ||||||
| 19 | preferred for appointment to and employment with the fire | ||||||
| 20 | department. | ||||||
| 21 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 22 | license as a paramedic may be preferred for appointment to | ||||||
| 23 | and employment with the fire department of an affected | ||||||
| 24 | department providing emergency medical services. | ||||||
| 25 | (5) Experience preference. All persons employed by a | ||||||
| 26 | municipality who have been paid-on-call or part-time | ||||||
| |||||||
| |||||||
| 1 | certified Firefighter II, certified Firefighter III, State | ||||||
| 2 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 3 | paramedic, or any combination of those capacities may be | ||||||
| 4 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 5 | may not be awarded more than 0.5 points for each complete | ||||||
| 6 | year of paid-on-call or part-time service. Applicants from | ||||||
| 7 | outside the municipality who were employed as full-time | ||||||
| 8 | firefighters or firefighter-paramedics by a fire | ||||||
| 9 | protection district or another municipality may be awarded | ||||||
| 10 | up to 5 experience preference points. However, the | ||||||
| 11 | applicant may not be awarded more than one point for each | ||||||
| 12 | complete year of full-time service. | ||||||
| 13 | Upon request by the commission, the governing body of | ||||||
| 14 | the municipality or in the case of applicants from outside | ||||||
| 15 | the municipality the governing body of any fire protection | ||||||
| 16 | district or any other municipality shall certify to the | ||||||
| 17 | commission, within 10 days after the request, the number of | ||||||
| 18 | years of successful paid-on-call, part-time, or full-time | ||||||
| 19 | service of any person. A candidate may not receive the full | ||||||
| 20 | amount of preference points under this subsection if the | ||||||
| 21 | amount of points awarded would place the candidate before a | ||||||
| 22 | veteran on the eligibility list. If more than one candidate | ||||||
| 23 | receiving experience preference points is prevented from | ||||||
| 24 | receiving all of their points due to not being allowed to | ||||||
| 25 | pass a veteran, the candidates shall be placed on the list | ||||||
| 26 | below the veteran in rank order based on the totals | ||||||
| |||||||
| |||||||
| 1 | received if all points under this subsection were to be | ||||||
| 2 | awarded. Any remaining ties on the list shall be determined | ||||||
| 3 | by lot. | ||||||
| 4 | (6) Residency preference. Applicants whose principal | ||||||
| 5 | residence is located within the fire department's | ||||||
| 6 | jurisdiction may be preferred for appointment to and | ||||||
| 7 | employment with the fire department. | ||||||
| 8 | (7) Additional preferences. Up to 5 additional | ||||||
| 9 | preference points may be awarded for unique categories | ||||||
| 10 | based on an applicant's experience or background as | ||||||
| 11 | identified by the commission. | ||||||
| 12 | (8) Scoring of preferences. The commission shall give | ||||||
| 13 | preference for original appointment to persons designated | ||||||
| 14 | in item (1)
by adding to the final grade that they receive | ||||||
| 15 | 5 points
for the recognized preference achieved. The | ||||||
| 16 | commission shall determine the number of preference points | ||||||
| 17 | for each category except (1). The number of preference | ||||||
| 18 | points for each category shall range from 0 to 5. In | ||||||
| 19 | determining the number of preference points, the | ||||||
| 20 | commission shall prescribe that if a candidate earns the | ||||||
| 21 | maximum number of preference points in all categories, that | ||||||
| 22 | number may not be less than 10 nor more than 30. The | ||||||
| 23 | commission shall give preference for original appointment | ||||||
| 24 | to persons designated in items (2) through (7) by adding | ||||||
| 25 | the requisite number of points to the final grade for each | ||||||
| 26 | recognized preference achieved. The numerical result thus | ||||||
| |||||||
| |||||||
| 1 | attained shall be applied by the commission in determining | ||||||
| 2 | the final eligibility list and appointment from the | ||||||
| 3 | eligibility list. The local appointing authority may | ||||||
| 4 | prescribe the total number of preference points awarded | ||||||
| 5 | under this Section, but the total number of preference | ||||||
| 6 | points shall not be less than 10 points or more than 30 | ||||||
| 7 | points. | ||||||
| 8 | No person entitled to any preference shall be required to | ||||||
| 9 | claim the credit before any examination held under the | ||||||
| 10 | provisions of this Section, but the preference shall be given | ||||||
| 11 | after the posting or publication of the initial eligibility | ||||||
| 12 | list or register at the request of a person entitled to a | ||||||
| 13 | credit before any certification or appointments are made from | ||||||
| 14 | the eligibility register, upon the furnishing of verifiable | ||||||
| 15 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 16 | who are eligible for preference credit shall make a claim in | ||||||
| 17 | writing within 10 days after the posting of the initial | ||||||
| 18 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 19 | eligibility registers shall be established after the awarding | ||||||
| 20 | of verified preference points. All employment shall be subject | ||||||
| 21 | to the commission's initial hire background review including, | ||||||
| 22 | but not limited to, criminal history, employment history, moral | ||||||
| 23 | character, oral examination, and medical and psychological | ||||||
| 24 | examinations, all on a pass-fail basis. The medical and | ||||||
| 25 | psychological examinations must be conducted last, and may only | ||||||
| 26 | be performed after a conditional offer of employment has been | ||||||
| |||||||
| |||||||
| 1 | extended. | ||||||
| 2 | Any person placed on an eligibility list who exceeds the | ||||||
| 3 | age requirement before being appointed to a fire department | ||||||
| 4 | shall remain eligible for appointment until the list is | ||||||
| 5 | abolished, or his or her name has been on the list for a period | ||||||
| 6 | of 2 years. No person who has attained the age of 35 years | ||||||
| 7 | shall be inducted into a fire department, except as otherwise | ||||||
| 8 | provided in this Section. | ||||||
| 9 | The commission shall strike off the names of candidates for | ||||||
| 10 | original appointment after the names have been on the list for | ||||||
| 11 | more than 2 years. | ||||||
| 12 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 13 | department unless he or she is a person of good character; not | ||||||
| 14 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 15 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 16 | However, no person shall be disqualified from appointment to | ||||||
| 17 | the fire department because of the person's record of | ||||||
| 18 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 19 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 20 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 21 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 22 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 24 | conviction thereon. Any such person who is in the department | ||||||
| 25 | may be removed on charges brought for violating this subsection | ||||||
| 26 | and after a trial as hereinafter provided. | ||||||
| |||||||
| |||||||
| 1 | A classifiable set of the fingerprints of every person who | ||||||
| 2 | is offered employment as a certificated member of an affected | ||||||
| 3 | fire department whether with or without compensation, shall be | ||||||
| 4 | furnished to the Illinois Department of State Police and to the | ||||||
| 5 | Federal Bureau of Investigation by the commission. | ||||||
| 6 | Whenever a commission is authorized or required by law to | ||||||
| 7 | consider some aspect of criminal history record information for | ||||||
| 8 | the purpose of carrying out its statutory powers and | ||||||
| 9 | responsibilities, then, upon request and payment of fees in | ||||||
| 10 | conformance with the requirements of Section 2605-400 of the | ||||||
| 11 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
| 12 | the Department of State Police is authorized to furnish, | ||||||
| 13 | pursuant to positive identification, the information contained | ||||||
| 14 | in State files as is necessary to fulfill the request. | ||||||
| 15 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 16 | of public business, to meet extraordinary exigencies, or to | ||||||
| 17 | prevent material impairment of the fire department, the | ||||||
| 18 | commission may make temporary appointments, to remain in force | ||||||
| 19 | only until regular appointments are made under the provisions | ||||||
| 20 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 21 | appointment of any one person shall be made more than twice in | ||||||
| 22 | any calendar year. | ||||||
| 23 | (k) A person who knowingly divulges or receives test | ||||||
| 24 | questions or answers before a written examination, or otherwise | ||||||
| 25 | knowingly violates or subverts any requirement of this Section, | ||||||
| 26 | commits a violation of this Section and may be subject to | ||||||
| |||||||
| |||||||
| 1 | charges for official misconduct. | ||||||
| 2 | A person who is the knowing recipient of test information | ||||||
| 3 | in advance of the examination shall be disqualified from the | ||||||
| 4 | examination or discharged from the position to which he or she | ||||||
| 5 | was appointed, as applicable, and otherwise subjected to | ||||||
| 6 | disciplinary actions.
| ||||||
| 7 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
| 8 | 97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||||||
| 9 | 8-15-14; revised 10-2-14.)
| ||||||
| 10 | (65 ILCS 5/10-2.1-6.3) | ||||||
| 11 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
| 12 | department. | ||||||
| 13 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 14 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
| 15 | all original appointments to an affected full-time fire | ||||||
| 16 | department. Existing registers of eligibles shall continue to | ||||||
| 17 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 18 | years after the effective date of this amendatory Act of the | ||||||
| 19 | 97th General Assembly. | ||||||
| 20 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 21 | to the contrary, all original appointments to an affected | ||||||
| 22 | department to which this Section applies shall be administered | ||||||
| 23 | in the manner provided for in this Section. Provisions of the | ||||||
| 24 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 25 | adopted pursuant to such authority and other laws relating to | ||||||
| |||||||
| |||||||
| 1 | initial hiring of firefighters in affected departments shall | ||||||
| 2 | continue to apply to the extent they are compatible with this | ||||||
| 3 | Section, but in the event of a conflict between this Section | ||||||
| 4 | and any other law, this Section shall control. | ||||||
| 5 | A home rule or non-home rule municipality may not | ||||||
| 6 | administer its fire department process for original | ||||||
| 7 | appointments in a manner that is less stringent than this | ||||||
| 8 | Section. This Section is a limitation under subsection (i) of | ||||||
| 9 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 10 | concurrent exercise by home rule units of the powers and | ||||||
| 11 | functions exercised by the State. | ||||||
| 12 | A municipality that is operating under a court order or | ||||||
| 13 | consent decree regarding original appointments to a full-time | ||||||
| 14 | fire department before the effective date of this amendatory | ||||||
| 15 | Act of the 97th General Assembly is exempt from the | ||||||
| 16 | requirements of this Section for the duration of the court | ||||||
| 17 | order or consent decree. | ||||||
| 18 | Notwithstanding any other provision of this subsection | ||||||
| 19 | (a), this Section does not apply to a municipality with more | ||||||
| 20 | than 1,000,000 inhabitants. | ||||||
| 21 | (b) Original appointments. All original appointments made | ||||||
| 22 | to an affected fire department shall be made from a register of | ||||||
| 23 | eligibles established in accordance with the processes | ||||||
| 24 | established by this Section. Only persons who meet or exceed | ||||||
| 25 | the performance standards required by this Section shall be | ||||||
| 26 | placed on a register of eligibles for original appointment to | ||||||
| |||||||
| |||||||
| 1 | an affected fire department. | ||||||
| 2 | Whenever an appointing authority authorizes action to hire | ||||||
| 3 | a person to perform the duties of a firefighter or to hire a | ||||||
| 4 | firefighter-paramedic to fill a position that is a new position | ||||||
| 5 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 6 | granting of a disability or retirement pension, or any other | ||||||
| 7 | cause, the appointing authority shall appoint to that position | ||||||
| 8 | the person with the highest ranking on the final eligibility | ||||||
| 9 | list. If the appointing authority has reason to conclude that | ||||||
| 10 | the highest ranked person fails to meet the minimum standards | ||||||
| 11 | for the position or if the appointing authority believes an | ||||||
| 12 | alternate candidate would better serve the needs of the | ||||||
| 13 | department, then the appointing authority has the right to pass | ||||||
| 14 | over the highest ranked person and appoint either: (i) any | ||||||
| 15 | person who has a ranking in the top 5% of the register of | ||||||
| 16 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 17 | ranked persons on the list of eligibles if the number of people | ||||||
| 18 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 19 | is less than 5 people. | ||||||
| 20 | Any candidate may pass on an appointment once without | ||||||
| 21 | losing his or her position on the register of eligibles. Any | ||||||
| 22 | candidate who passes a second time may be removed from the list | ||||||
| 23 | by the appointing authority provided that such action shall not | ||||||
| 24 | prejudice a person's opportunities to participate in future | ||||||
| 25 | examinations, including an examination held during the time a | ||||||
| 26 | candidate is already on the municipality's register of | ||||||
| |||||||
| |||||||
| 1 | eligibles. | ||||||
| 2 | The sole authority to issue certificates of appointment | ||||||
| 3 | shall be vested in the board of fire and police commissioners. | ||||||
| 4 | All certificates of appointment issued to any officer or member | ||||||
| 5 | of an affected department shall be signed by the chairperson | ||||||
| 6 | and secretary, respectively, of the board upon appointment of | ||||||
| 7 | such officer or member to the affected department by action of | ||||||
| 8 | the board. Each person who accepts a certificate of appointment | ||||||
| 9 | and successfully completes his or her probationary period shall | ||||||
| 10 | be enrolled as a firefighter and as a regular member of the | ||||||
| 11 | fire department. | ||||||
| 12 | For the purposes of this Section, "firefighter" means any | ||||||
| 13 | person who has been prior to, on, or after the effective date | ||||||
| 14 | of this amendatory Act of the 97th General Assembly appointed | ||||||
| 15 | to a fire department or fire protection district or employed by | ||||||
| 16 | a State university and sworn or commissioned to perform | ||||||
| 17 | firefighter duties or paramedic duties, or both, except that | ||||||
| 18 | the following persons are not included: part-time | ||||||
| 19 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
| 20 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
| 21 | other civilian employees of a fire department or fire | ||||||
| 22 | protection district who are not routinely expected to perform | ||||||
| 23 | firefighter duties; and elected officials. | ||||||
| 24 | (c) Qualification for placement on register of eligibles. | ||||||
| 25 | The purpose of establishing a register of eligibles is to | ||||||
| 26 | identify applicants who possess and demonstrate the mental | ||||||
| |||||||
| |||||||
| 1 | aptitude and physical ability to perform the duties required of | ||||||
| 2 | members of the fire department in order to provide the highest | ||||||
| 3 | quality of service to the public. To this end, all applicants | ||||||
| 4 | for original appointment to an affected fire department shall | ||||||
| 5 | be subject to examination and testing which shall be public, | ||||||
| 6 | competitive, and open to all applicants unless the municipality | ||||||
| 7 | shall by ordinance limit applicants to residents of the | ||||||
| 8 | municipality, county or counties in which the municipality is | ||||||
| 9 | located, State, or nation. Any examination and testing | ||||||
| 10 | procedure utilized under subsection (e) of this Section shall | ||||||
| 11 | be supported by appropriate validation evidence and shall | ||||||
| 12 | comply with all applicable State state and federal laws. | ||||||
| 13 | Municipalities may establish educational, emergency medical | ||||||
| 14 | service licensure, and other pre-requisites for participation | ||||||
| 15 | in an examination or for hire as a firefighter. Any | ||||||
| 16 | municipality may charge a fee to cover the costs of the | ||||||
| 17 | application process. | ||||||
| 18 | Residency requirements in effect at the time an individual | ||||||
| 19 | enters the fire service of a municipality cannot be made more | ||||||
| 20 | restrictive for that individual during his or her period of | ||||||
| 21 | service for that municipality, or be made a condition of | ||||||
| 22 | promotion, except for the rank or position of fire chief and | ||||||
| 23 | for no more than 2 positions that rank immediately below that | ||||||
| 24 | of the chief rank which are appointed positions pursuant to the | ||||||
| 25 | Fire Department Promotion Act. | ||||||
| 26 | No person who is 35 years of age or older shall be eligible | ||||||
| |||||||
| |||||||
| 1 | to take an examination for a position as a firefighter unless | ||||||
| 2 | the person has had previous employment status as a firefighter | ||||||
| 3 | in the regularly constituted fire department of the | ||||||
| 4 | municipality, except as provided in this Section. The age | ||||||
| 5 | limitation does not apply to: | ||||||
| 6 | (1) any person previously employed as a full-time | ||||||
| 7 | firefighter in a regularly constituted fire department of | ||||||
| 8 | (i) any municipality or fire protection district located in | ||||||
| 9 | Illinois, (ii) a fire protection district whose | ||||||
| 10 | obligations were assumed by a municipality under Section 21 | ||||||
| 11 | of the Fire Protection District Act, or (iii) a | ||||||
| 12 | municipality whose obligations were taken over by a fire | ||||||
| 13 | protection district, or | ||||||
| 14 | (2) any person who has served a municipality as a | ||||||
| 15 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 16 | firefighter for the 5 years immediately preceding the time | ||||||
| 17 | that the municipality begins to use full-time firefighters | ||||||
| 18 | to provide all or part of its fire protection service. | ||||||
| 19 | No person who is under 21 years of age shall be eligible | ||||||
| 20 | for employment as a firefighter. | ||||||
| 21 | No applicant shall be examined concerning his or her | ||||||
| 22 | political or religious opinions or affiliations. The | ||||||
| 23 | examinations shall be conducted by the commissioners of the | ||||||
| 24 | municipality or their designees and agents. | ||||||
| 25 | No municipality shall require that any firefighter | ||||||
| 26 | appointed to the lowest rank serve a probationary employment | ||||||
| |||||||
| |||||||
| 1 | period of longer than one year of actual active employment, | ||||||
| 2 | which may exclude periods of training, or injury or illness | ||||||
| 3 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 4 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 5 | the probationary employment period limitation may be extended | ||||||
| 6 | for a firefighter who is required, as a condition of | ||||||
| 7 | employment, to be a licensed paramedic, during which time the | ||||||
| 8 | sole reason that a firefighter may be discharged without a | ||||||
| 9 | hearing is for failing to meet the requirements for paramedic | ||||||
| 10 | licensure. | ||||||
| 11 | In the event that any applicant who has been found eligible | ||||||
| 12 | for appointment and whose name has been placed upon the final | ||||||
| 13 | eligibility register provided for in this Section has not been | ||||||
| 14 | appointed to a firefighter position within one year after the | ||||||
| 15 | date of his or her physical ability examination, the commission | ||||||
| 16 | may cause a second examination to be made of that applicant's | ||||||
| 17 | physical ability prior to his or her appointment. If, after the | ||||||
| 18 | second examination, the physical ability of the applicant shall | ||||||
| 19 | be found to be less than the minimum standard fixed by the | ||||||
| 20 | rules of the commission, the applicant shall not be appointed. | ||||||
| 21 | The applicant's name may be retained upon the register of | ||||||
| 22 | candidates eligible for appointment and when next reached for | ||||||
| 23 | certification and appointment that applicant may be again | ||||||
| 24 | examined as provided in this Section, and if the physical | ||||||
| 25 | ability of that applicant is found to be less than the minimum | ||||||
| 26 | standard fixed by the rules of the commission, the applicant | ||||||
| |||||||
| |||||||
| 1 | shall not be appointed, and the name of the applicant shall be | ||||||
| 2 | removed from the register. | ||||||
| 3 | (d) Notice, examination, and testing components. Notice of | ||||||
| 4 | the time, place, general scope, merit criteria for any | ||||||
| 5 | subjective component, and fee of every examination shall be | ||||||
| 6 | given by the commission, by a publication at least 2 weeks | ||||||
| 7 | preceding the examination: (i) in one or more newspapers | ||||||
| 8 | published in the municipality, or if no newspaper is published | ||||||
| 9 | therein, then in one or more newspapers with a general | ||||||
| 10 | circulation within the municipality, or (ii) on the | ||||||
| 11 | municipality's Internet website. Additional notice of the | ||||||
| 12 | examination may be given as the commission shall prescribe. | ||||||
| 13 | The examination and qualifying standards for employment of | ||||||
| 14 | firefighters shall be based on: mental aptitude, physical | ||||||
| 15 | ability, preferences, moral character, and health. The mental | ||||||
| 16 | aptitude, physical ability, and preference components shall | ||||||
| 17 | determine an applicant's qualification for and placement on the | ||||||
| 18 | final register of eligibles. The examination may also include a | ||||||
| 19 | subjective component based on merit criteria as determined by | ||||||
| 20 | the commission. Scores from the examination must be made | ||||||
| 21 | available to the public. | ||||||
| 22 | (e) Mental aptitude. No person who does not possess at | ||||||
| 23 | least a high school diploma or an equivalent high school | ||||||
| 24 | education shall be placed on a register of eligibles. | ||||||
| 25 | Examination of an applicant's mental aptitude shall be based | ||||||
| 26 | upon a written examination. The examination shall be practical | ||||||
| |||||||
| |||||||
| 1 | in character and relate to those matters that fairly test the | ||||||
| 2 | capacity of the persons examined to discharge the duties | ||||||
| 3 | performed by members of a fire department. Written examinations | ||||||
| 4 | shall be administered in a manner that ensures the security and | ||||||
| 5 | accuracy of the scores achieved. | ||||||
| 6 | (f) Physical ability. All candidates shall be required to | ||||||
| 7 | undergo an examination of their physical ability to perform the | ||||||
| 8 | essential functions included in the duties they may be called | ||||||
| 9 | upon to perform as a member of a fire department. For the | ||||||
| 10 | purposes of this Section, essential functions of the job are | ||||||
| 11 | functions associated with duties that a firefighter may be | ||||||
| 12 | called upon to perform in response to emergency calls. The | ||||||
| 13 | frequency of the occurrence of those duties as part of the fire | ||||||
| 14 | department's regular routine shall not be a controlling factor | ||||||
| 15 | in the design of examination criteria or evolutions selected | ||||||
| 16 | for testing. These physical examinations shall be open, | ||||||
| 17 | competitive, and based on industry standards designed to test | ||||||
| 18 | each applicant's physical abilities in the following | ||||||
| 19 | dimensions: | ||||||
| 20 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 21 | that may be required in the performance of duties including | ||||||
| 22 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 23 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 24 | to test both the candidate's speed and endurance in | ||||||
| 25 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 26 | on standards developed, or approved, by the local | ||||||
| |||||||
| |||||||
| 1 | appointing authority. | ||||||
| 2 | (2) The ability to climb ladders, operate from heights, | ||||||
| 3 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 4 | and operate in proximity to hazardous environments. | ||||||
| 5 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 6 | and complex problem solving during physical exertion in | ||||||
| 7 | stressful and hazardous environments. The testing | ||||||
| 8 | environment may be hot and dark with tightly enclosed | ||||||
| 9 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 10 | The tests utilized to measure each applicant's
| ||||||
| 11 | capabilities in each of these dimensions may be tests based on
| ||||||
| 12 | industry standards currently in use or equivalent tests | ||||||
| 13 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 14 | of the State Fire Marshal. | ||||||
| 15 | Physical ability examinations administered under this | ||||||
| 16 | Section shall be conducted with a reasonable number of proctors | ||||||
| 17 | and monitors, open to the public, and subject to reasonable | ||||||
| 18 | regulations of the commission. | ||||||
| 19 | (g) Scoring of examination components. Appointing | ||||||
| 20 | authorities may create a preliminary eligibility register. A | ||||||
| 21 | person shall be placed on the list based upon his or her | ||||||
| 22 | passage of the written examination or the passage of the | ||||||
| 23 | written examination and the physical ability component. | ||||||
| 24 | Passage of the written examination means attaining the minimum | ||||||
| 25 | score set by the commission. Minimum scores should be set by | ||||||
| 26 | the commission so as to demonstrate a candidate's ability to | ||||||
| |||||||
| |||||||
| 1 | perform the essential functions of the job. The minimum score | ||||||
| 2 | set by the commission shall be supported by appropriate | ||||||
| 3 | validation evidence and shall comply with all applicable State | ||||||
| 4 | state and federal laws. The appointing authority may conduct | ||||||
| 5 | the physical ability component and any subjective components | ||||||
| 6 | subsequent to the posting of the preliminary eligibility | ||||||
| 7 | register. | ||||||
| 8 | The examination components for an initial eligibility | ||||||
| 9 | register shall be graded on a 100-point scale. A person's | ||||||
| 10 | position on the list shall be determined by the following: (i)
| ||||||
| 11 | the person's score on the written examination, (ii) the person
| ||||||
| 12 | successfully passing the physical ability component, and (iii) | ||||||
| 13 | the
person's results on any subjective component as described | ||||||
| 14 | in
subsection (d). | ||||||
| 15 | In order to qualify for placement on the final eligibility | ||||||
| 16 | register, an applicant's score on the written examination, | ||||||
| 17 | before any applicable preference points or subjective points | ||||||
| 18 | are applied, shall be at or above the minimum score as set by | ||||||
| 19 | the commission. The local appointing authority may prescribe | ||||||
| 20 | the score to qualify for placement on the final eligibility | ||||||
| 21 | register, but the score shall not be less than the minimum | ||||||
| 22 | score set by the commission. | ||||||
| 23 | The commission shall prepare and keep a register of persons | ||||||
| 24 | whose total score is not less than the minimum score for | ||||||
| 25 | passage and who have passed the physical ability examination. | ||||||
| 26 | These persons shall take rank upon the register as candidates | ||||||
| |||||||
| |||||||
| 1 | in the order of their relative excellence based on the highest | ||||||
| 2 | to the lowest total points scored on the mental aptitude, | ||||||
| 3 | subjective component, and preference components of the test | ||||||
| 4 | administered in accordance with this Section. No more than 60 | ||||||
| 5 | days after each examination, an initial eligibility list shall | ||||||
| 6 | be posted by the commission. The list shall include the final | ||||||
| 7 | grades of the candidates without reference to priority of the | ||||||
| 8 | time of examination and subject to claim for preference credit. | ||||||
| 9 | Commissions may conduct additional examinations, including | ||||||
| 10 | without limitation a polygraph test, after a final eligibility | ||||||
| 11 | register is established and before it expires with the | ||||||
| 12 | candidates ranked by total score without regard to date of | ||||||
| 13 | examination. No more than 60 days after each examination, an | ||||||
| 14 | initial eligibility list shall be posted by the commission | ||||||
| 15 | showing the final grades of the candidates without reference to | ||||||
| 16 | priority of time of examination and subject to claim for | ||||||
| 17 | preference credit. | ||||||
| 18 | (h) Preferences. The following are preferences: | ||||||
| 19 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 20 | military service of the United States for a period of at | ||||||
| 21 | least one year of active duty and who were honorably | ||||||
| 22 | discharged therefrom, or who are now or have been members | ||||||
| 23 | on inactive or reserve duty in such military or naval | ||||||
| 24 | service, shall be preferred for appointment to and | ||||||
| 25 | employment with the fire department of an affected | ||||||
| 26 | department. | ||||||
| |||||||
| |||||||
| 1 | (2) Fire cadet preference. Persons who have | ||||||
| 2 | successfully completed 2 years of study in fire techniques | ||||||
| 3 | or cadet training within a cadet program established under | ||||||
| 4 | the rules of the Joint Labor and Management Committee | ||||||
| 5 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 6 | Promotion Act, may be preferred for appointment to and | ||||||
| 7 | employment with the fire department. | ||||||
| 8 | (3) Educational preference. Persons who have | ||||||
| 9 | successfully obtained an associate's degree in the field of | ||||||
| 10 | fire service or emergency medical services, or a bachelor's | ||||||
| 11 | degree from an accredited college or university may be | ||||||
| 12 | preferred for appointment to and employment with the fire | ||||||
| 13 | department. | ||||||
| 14 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 15 | license as a paramedic shall be preferred for appointment | ||||||
| 16 | to and employment with the fire department of an affected | ||||||
| 17 | department providing emergency medical services. | ||||||
| 18 | (5) Experience preference. All persons employed by a | ||||||
| 19 | municipality who have been paid-on-call or part-time | ||||||
| 20 | certified Firefighter II, State of Illinois or nationally | ||||||
| 21 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
| 22 | capacities shall be awarded 0.5 point for each year of | ||||||
| 23 | successful service in one or more of those capacities, up | ||||||
| 24 | to a maximum of 5 points. Certified Firefighter III and | ||||||
| 25 | State of Illinois or nationally licensed paramedics shall | ||||||
| 26 | be awarded one point per year up to a maximum of 5 points. | ||||||
| |||||||
| |||||||
| 1 | Applicants from outside the municipality who were employed | ||||||
| 2 | as full-time firefighters or firefighter-paramedics by a | ||||||
| 3 | fire protection district or another municipality for at | ||||||
| 4 | least 2 years shall be awarded 5 experience preference | ||||||
| 5 | points. These additional points presuppose a rating scale | ||||||
| 6 | totaling 100 points available for the eligibility list. If | ||||||
| 7 | more or fewer points are used in the rating scale for the | ||||||
| 8 | eligibility list, the points awarded under this subsection | ||||||
| 9 | shall be increased or decreased by a factor equal to the | ||||||
| 10 | total possible points available for the examination | ||||||
| 11 | divided by 100. | ||||||
| 12 | Upon request by the commission, the governing body of | ||||||
| 13 | the municipality or in the case of applicants from outside | ||||||
| 14 | the municipality the governing body of any fire protection | ||||||
| 15 | district or any other municipality shall certify to the | ||||||
| 16 | commission, within 10 days after the request, the number of | ||||||
| 17 | years of successful paid-on-call, part-time, or full-time | ||||||
| 18 | service of any person. A candidate may not receive the full | ||||||
| 19 | amount of preference points under this subsection if the | ||||||
| 20 | amount of points awarded would place the candidate before a | ||||||
| 21 | veteran on the eligibility list. If more than one candidate | ||||||
| 22 | receiving experience preference points is prevented from | ||||||
| 23 | receiving all of their points due to not being allowed to | ||||||
| 24 | pass a veteran, the candidates shall be placed on the list | ||||||
| 25 | below the veteran in rank order based on the totals | ||||||
| 26 | received if all points under this subsection were to be | ||||||
| |||||||
| |||||||
| 1 | awarded. Any remaining ties on the list shall be determined | ||||||
| 2 | by lot. | ||||||
| 3 | (6) Residency preference. Applicants whose principal | ||||||
| 4 | residence is located within the fire department's | ||||||
| 5 | jurisdiction shall be preferred for appointment to and | ||||||
| 6 | employment with the fire department. | ||||||
| 7 | (7) Additional preferences. Up to 5 additional | ||||||
| 8 | preference points may be awarded for unique categories | ||||||
| 9 | based on an applicant's experience or background as | ||||||
| 10 | identified by the commission. | ||||||
| 11 | (8) Scoring of preferences. The commission shall give | ||||||
| 12 | preference for original appointment
to persons designated | ||||||
| 13 | in item (1)
by adding to the final grade that they receive | ||||||
| 14 | 5 points
for the recognized preference achieved. The | ||||||
| 15 | commission shall determine the number of preference points | ||||||
| 16 | for each category except (1). The number of preference | ||||||
| 17 | points for each category shall range from 0 to 5. In | ||||||
| 18 | determining the number of preference points, the | ||||||
| 19 | commission shall prescribe that if a candidate earns the | ||||||
| 20 | maximum number of preference points in all categories, that | ||||||
| 21 | number may not be less than 10 nor more than 30. The | ||||||
| 22 | commission shall give preference for original appointment | ||||||
| 23 | to persons designated in items (2) through (7) by adding | ||||||
| 24 | the requisite number of points to the final grade for each | ||||||
| 25 | recognized preference achieved. The numerical result thus | ||||||
| 26 | attained shall be applied by the commission in determining | ||||||
| |||||||
| |||||||
| 1 | the final eligibility list and appointment from the | ||||||
| 2 | eligibility list. The local appointing authority may | ||||||
| 3 | prescribe the total number of preference points awarded | ||||||
| 4 | under this Section, but the total number of preference | ||||||
| 5 | points shall not be less than 10 points or more than 30 | ||||||
| 6 | points. | ||||||
| 7 | No person entitled to any preference shall be required to | ||||||
| 8 | claim the credit before any examination held under the | ||||||
| 9 | provisions of this Section, but the preference shall be given | ||||||
| 10 | after the posting or publication of the initial eligibility | ||||||
| 11 | list or register at the request of a person entitled to a | ||||||
| 12 | credit before any certification or appointments are made from | ||||||
| 13 | the eligibility register, upon the furnishing of verifiable | ||||||
| 14 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 15 | who are eligible for preference credit shall make a claim in | ||||||
| 16 | writing within 10 days after the posting of the initial | ||||||
| 17 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 18 | eligibility registers shall be established after the awarding | ||||||
| 19 | of verified preference points. All employment shall be subject | ||||||
| 20 | to the commission's initial hire background review including, | ||||||
| 21 | but not limited to, criminal history, employment history, moral | ||||||
| 22 | character, oral examination, and medical and psychological | ||||||
| 23 | examinations, all on a pass-fail basis. The medical and | ||||||
| 24 | psychological examinations must be conducted last, and may only | ||||||
| 25 | be performed after a conditional offer of employment has been | ||||||
| 26 | extended. | ||||||
| |||||||
| |||||||
| 1 | Any person placed on an eligibility list who exceeds the | ||||||
| 2 | age requirement before being appointed to a fire department | ||||||
| 3 | shall remain eligible for appointment until the list is | ||||||
| 4 | abolished, or his or her name has been on the list for a period | ||||||
| 5 | of 2 years. No person who has attained the age of 35 years | ||||||
| 6 | shall be inducted into a fire department, except as otherwise | ||||||
| 7 | provided in this Section. | ||||||
| 8 | The commission shall strike off the names of candidates for | ||||||
| 9 | original appointment after the names have been on the list for | ||||||
| 10 | more than 2 years. | ||||||
| 11 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 12 | department unless he or she is a person of good character; not | ||||||
| 13 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 14 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 15 | However, no person shall be disqualified from appointment to | ||||||
| 16 | the fire department because of the person's record of | ||||||
| 17 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 18 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 19 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 20 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 21 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 22 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 23 | conviction thereon. Any such person who is in the department | ||||||
| 24 | may be removed on charges brought for violating this subsection | ||||||
| 25 | and after a trial as hereinafter provided. | ||||||
| 26 | A classifiable set of the fingerprints of every person who | ||||||
| |||||||
| |||||||
| 1 | is offered employment as a certificated member of an affected | ||||||
| 2 | fire department whether with or without compensation, shall be | ||||||
| 3 | furnished to the Illinois Department of State Police and to the | ||||||
| 4 | Federal Bureau of Investigation by the commission. | ||||||
| 5 | Whenever a commission is authorized or required by law to | ||||||
| 6 | consider some aspect of criminal history record information for | ||||||
| 7 | the purpose of carrying out its statutory powers and | ||||||
| 8 | responsibilities, then, upon request and payment of fees in | ||||||
| 9 | conformance with the requirements of Section 2605-400 of the | ||||||
| 10 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
| 11 | the Department of State Police is authorized to furnish, | ||||||
| 12 | pursuant to positive identification, the information contained | ||||||
| 13 | in State files as is necessary to fulfill the request. | ||||||
| 14 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 15 | of public business, to meet extraordinary exigencies, or to | ||||||
| 16 | prevent material impairment of the fire department, the | ||||||
| 17 | commission may make temporary appointments, to remain in force | ||||||
| 18 | only until regular appointments are made under the provisions | ||||||
| 19 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 20 | appointment of any one person shall be made more than twice in | ||||||
| 21 | any calendar year. | ||||||
| 22 | (k) A person who knowingly divulges or receives test | ||||||
| 23 | questions or answers before a written examination, or otherwise | ||||||
| 24 | knowingly violates or subverts any requirement of this Section, | ||||||
| 25 | commits a violation of this Section and may be subject to | ||||||
| 26 | charges for official misconduct. | ||||||
| |||||||
| |||||||
| 1 | A person who is the knowing recipient of test information | ||||||
| 2 | in advance of the examination shall be disqualified from the | ||||||
| 3 | examination or discharged from the position to which he or she | ||||||
| 4 | was appointed, as applicable, and otherwise subjected to | ||||||
| 5 | disciplinary actions.
| ||||||
| 6 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
| 7 | 97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||||||
| 8 | 8-15-14, revised 10-2-14.)
| ||||||
| 9 | (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
| ||||||
| 10 | Sec. 11-12-5.
Every plan commission and planning | ||||||
| 11 | department authorized by
this Division 12 has the following | ||||||
| 12 | powers and whenever in this Division 12
the term plan | ||||||
| 13 | commission is used such term shall be deemed to include the
| ||||||
| 14 | term planning department:
| ||||||
| 15 | (1) To prepare and recommend to the corporate | ||||||
| 16 | authorities a
comprehensive plan for the present and future | ||||||
| 17 | development or redevelopment
of the municipality. Such | ||||||
| 18 | plan may be adopted in whole or in separate
geographical or | ||||||
| 19 | functional parts, each of which, when adopted, shall be the
| ||||||
| 20 | official comprehensive plan, or part thereof, of that | ||||||
| 21 | municipality. This
plan may include reasonable | ||||||
| 22 | requirements with reference to streets, alleys,
public | ||||||
| 23 | grounds, and other improvements hereinafter specified. The | ||||||
| 24 | plan, as
recommended by the plan commission and as | ||||||
| 25 | thereafter adopted in any
municipality in this state, may | ||||||
| |||||||
| |||||||
| 1 | be made applicable, by the terms thereof,
to land situated | ||||||
| 2 | within the corporate limits and contiguous territory not
| ||||||
| 3 | more than one and one-half miles beyond the corporate | ||||||
| 4 | limits and not
included in any municipality. Such plan may | ||||||
| 5 | be implemented by ordinances
(a) establishing reasonable | ||||||
| 6 | standards of design for subdivisions and for
| ||||||
| 7 | resubdivisions of unimproved land and of areas subject to | ||||||
| 8 | redevelopment in
respect to public improvements as herein | ||||||
| 9 | defined; (b) establishing
reasonable requirements | ||||||
| 10 | governing the location, width, course, and
surfacing of | ||||||
| 11 | public streets and highways, alleys, ways for public | ||||||
| 12 | service
facilities, curbs, gutters, sidewalks, street | ||||||
| 13 | lights, parks, playgrounds,
school grounds, size of lots to | ||||||
| 14 | be used for residential purposes, storm
water drainage, | ||||||
| 15 | water supply and distribution, sanitary sewers, and sewage
| ||||||
| 16 | collection and treatment; and (c) may designate land | ||||||
| 17 | suitable for
annexation to the municipality and the | ||||||
| 18 | recommended zoning classification
for such land upon | ||||||
| 19 | annexation.
| ||||||
| 20 | (2) To recommend changes, from time to time, in the | ||||||
| 21 | official
comprehensive plan.
| ||||||
| 22 | (3) To prepare and recommend to the corporate | ||||||
| 23 | authorities, from time to
time, plans for specific | ||||||
| 24 | improvements in pursuance of the official
comprehensive | ||||||
| 25 | plan.
| ||||||
| 26 | (4) To give aid to the municipal officials charged with | ||||||
| |||||||
| |||||||
| 1 | the direction of
projects for improvements embraced within | ||||||
| 2 | the official plan, to further the
making of these projects, | ||||||
| 3 | and, generally, to promote the realization of the
official | ||||||
| 4 | comprehensive plan.
| ||||||
| 5 | (5) To prepare and recommend to the corporate | ||||||
| 6 | authorities schemes for
regulating or forbidding | ||||||
| 7 | structures or activities which may hinder access
to solar | ||||||
| 8 | energy necessary for the proper functioning of solar energy | ||||||
| 9 | systems,
as defined in Section 1.2 of The Comprehensive | ||||||
| 10 | Solar Energy Act of 1977,
or to recommend changes in such | ||||||
| 11 | schemes.
| ||||||
| 12 | (6) To exercise such other powers germane to the powers | ||||||
| 13 | granted by this
article as may be conferred by the | ||||||
| 14 | corporate authorities.
| ||||||
| 15 | (7) For purposes of implementing ordinances regarding | ||||||
| 16 | developer
donations
or
impact fees,
and specifically for | ||||||
| 17 | expenditures thereof,
"school grounds" is defined as including | ||||||
| 18 | land or site
improvements,
which include
school buildings or | ||||||
| 19 | other infrastructure, including technological infrastructure, | ||||||
| 20 | necessitated and specifically and
uniquely attributed to the
| ||||||
| 21 | development or subdivision in question. This amendatory Act of | ||||||
| 22 | the 93rd
General Assembly applies to all impact fees or | ||||||
| 23 | developer donations paid into a
school district or held in a | ||||||
| 24 | separate account or escrow fund by any school
district
or | ||||||
| 25 | municipality for a school district.
| ||||||
| 26 | (Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/11-74.4-3.5)
| ||||||
| 2 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
| 3 | projects. | ||||||
| 4 | (a) Unless otherwise stated in this Section, the estimated | ||||||
| 5 | dates of completion
of the redevelopment project and retirement | ||||||
| 6 | of obligations issued to finance
redevelopment project costs | ||||||
| 7 | (including refunding bonds under Section 11-74.4-7) may not be
| ||||||
| 8 | later than December 31 of the year in which the payment to the | ||||||
| 9 | municipal
treasurer, as provided in subsection (b) of Section | ||||||
| 10 | 11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||||||
| 11 | taxes levied in the 23rd
calendar year after the year in which | ||||||
| 12 | the ordinance approving the
redevelopment project area was | ||||||
| 13 | adopted if the ordinance was adopted on or after
January 15, | ||||||
| 14 | 1981. | ||||||
| 15 | (b) The estimated dates of completion of the redevelopment | ||||||
| 16 | project and retirement of obligations issued to finance | ||||||
| 17 | redevelopment project costs (including refunding bonds under | ||||||
| 18 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 19 | year in which the payment to the municipal treasurer as | ||||||
| 20 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 21 | to be made with respect to ad valorem taxes levied in the 32nd | ||||||
| 22 | calendar year after the year in which the ordinance approving | ||||||
| 23 | the redevelopment project area was adopted if the ordinance was | ||||||
| 24 | adopted on September 9, 1999 by the Village of Downs. | ||||||
| 25 | The estimated dates of completion
of the redevelopment | ||||||
| |||||||
| |||||||
| 1 | project and retirement of obligations issued to finance
| ||||||
| 2 | redevelopment project costs (including refunding bonds under | ||||||
| 3 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 4 | year in which the payment to the municipal
treasurer as | ||||||
| 5 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 6 | to
be made with respect to ad valorem taxes levied in the 33rd | ||||||
| 7 | calendar
year after the year in which the ordinance approving | ||||||
| 8 | the
redevelopment project area was adopted if the ordinance was | ||||||
| 9 | adopted on May 20, 1985 by the Village of Wheeling. | ||||||
| 10 | The estimated dates of completion of the redevelopment | ||||||
| 11 | project and retirement of obligations issued to finance | ||||||
| 12 | redevelopment project costs (including refunding bonds under | ||||||
| 13 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 14 | year in which the payment to the municipal treasurer as | ||||||
| 15 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 16 | to be made with respect to ad valorem taxes levied in the 28th | ||||||
| 17 | calendar year after the year in which the ordinance approving | ||||||
| 18 | the redevelopment project area was adopted if the ordinance was | ||||||
| 19 | adopted on October 12, 1989 by the City of Lawrenceville. | ||||||
| 20 | (c) The estimated dates of completion
of the redevelopment | ||||||
| 21 | project and retirement of obligations issued to finance
| ||||||
| 22 | redevelopment project costs (including refunding bonds under | ||||||
| 23 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
| 24 | year in which the payment to the municipal
treasurer as | ||||||
| 25 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
| 26 | to
be made with respect to ad valorem taxes levied in the 35th | ||||||
| |||||||
| |||||||
| 1 | calendar
year after the year in which the ordinance approving | ||||||
| 2 | the
redevelopment project area was adopted: | ||||||
| 3 | (1) If if the ordinance was adopted before January 15, | ||||||
| 4 | 1981. ; | ||||||
| 5 | (2) If if the ordinance was adopted in December 1983, | ||||||
| 6 | April 1984, July 1985,
or December 1989. ; | ||||||
| 7 | (3) If if the ordinance was adopted in December 1987 | ||||||
| 8 | and the redevelopment
project is located within one mile of | ||||||
| 9 | Midway Airport. ; | ||||||
| 10 | (4) If if the ordinance was adopted before January 1, | ||||||
| 11 | 1987 by a municipality in
Mason County. ; | ||||||
| 12 | (5) If if the municipality is subject to the Local | ||||||
| 13 | Government Financial Planning
and Supervision Act or the | ||||||
| 14 | Financially Distressed City Law. ; | ||||||
| 15 | (6) If if the ordinance was adopted in December 1984 by | ||||||
| 16 | the Village of Rosemont. ; | ||||||
| 17 | (7) If if the ordinance was adopted on December 31, | ||||||
| 18 | 1986 by a municipality
located in Clinton County for which | ||||||
| 19 | at least $250,000 of tax increment
bonds were authorized on | ||||||
| 20 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
| 21 | 31, 1986 by a municipality with a population in 1990 of | ||||||
| 22 | less than
3,600 that is located in a county with a | ||||||
| 23 | population in 1990 of less than
34,000 and for which at | ||||||
| 24 | least $250,000 of tax increment bonds were authorized
on | ||||||
| 25 | June 17, 1997. ; | ||||||
| 26 | (8) If if the ordinance was adopted on October 5, 1982 | ||||||
| |||||||
| |||||||
| 1 | by the City of Kankakee, or if the ordinance was adopted on | ||||||
| 2 | December 29, 1986 by East St. Louis. ; | ||||||
| 3 | (9) If if
the ordinance was adopted on November 12, | ||||||
| 4 | 1991 by the Village of Sauget. ; | ||||||
| 5 | (10) If if the ordinance was
adopted on February 11, | ||||||
| 6 | 1985 by the City of Rock Island. ; | ||||||
| 7 | (11) If if the ordinance was adopted before December | ||||||
| 8 | 18, 1986 by the City of
Moline. ; | ||||||
| 9 | (12) If if the ordinance was adopted in September 1988 | ||||||
| 10 | by Sauk Village. ; | ||||||
| 11 | (13) If if the ordinance was adopted in October 1993 by | ||||||
| 12 | Sauk Village. ; | ||||||
| 13 | (14) If if the ordinance was adopted on December 29, | ||||||
| 14 | 1986 by the City of Galva. ; | ||||||
| 15 | (15) If if the ordinance was adopted in March 1991 by | ||||||
| 16 | the City of Centreville. ; | ||||||
| 17 | (16) If if the ordinance was adopted on January 23, | ||||||
| 18 | 1991
by the City of East St. Louis. ; | ||||||
| 19 | (17) If if the ordinance was adopted on December 22, | ||||||
| 20 | 1986 by the City of Aledo. ; | ||||||
| 21 | (18) If if the ordinance was adopted on February 5, | ||||||
| 22 | 1990 by the City of Clinton. ; | ||||||
| 23 | (19) If if the ordinance was adopted on September 6, | ||||||
| 24 | 1994 by the City of Freeport. ; | ||||||
| 25 | (20) If if the ordinance was adopted on December 22, | ||||||
| 26 | 1986 by the City of Tuscola. ; | ||||||
| |||||||
| |||||||
| 1 | (21) If if the ordinance was adopted on December 23, | ||||||
| 2 | 1986 by the City of Sparta. ; | ||||||
| 3 | (22) If if the ordinance was adopted on December 23, | ||||||
| 4 | 1986 by the City of
Beardstown. ; | ||||||
| 5 | (23) If if the ordinance was adopted on April 27, 1981, | ||||||
| 6 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
| 7 | Belleville. ; | ||||||
| 8 | (24) If if the ordinance was adopted on December 29, | ||||||
| 9 | 1986 by the City of
Collinsville. ; | ||||||
| 10 | (25) If if the ordinance was adopted on September 14, | ||||||
| 11 | 1994 by the
City of Alton. ; | ||||||
| 12 | (26) If if the ordinance was adopted on November 11, | ||||||
| 13 | 1996 by the
City of Lexington. ; | ||||||
| 14 | (27) If if the ordinance was adopted on November 5, | ||||||
| 15 | 1984 by
the City of LeRoy. ; | ||||||
| 16 | (28) If if the ordinance was adopted on April 3, 1991 | ||||||
| 17 | or
June 3, 1992 by the City of Markham. ; | ||||||
| 18 | (29) If if the ordinance was adopted on November 11, | ||||||
| 19 | 1986 by the City of Pekin. ; | ||||||
| 20 | (30) If if the ordinance was adopted on December 15, | ||||||
| 21 | 1981 by the City of Champaign. ; | ||||||
| 22 | (31) If if the ordinance was adopted on December 15, | ||||||
| 23 | 1986 by the City of Urbana. ; | ||||||
| 24 | (32) If if the ordinance was adopted on December 15, | ||||||
| 25 | 1986 by the Village of Heyworth. ; | ||||||
| 26 | (33) If if the ordinance was adopted on February 24, | ||||||
| |||||||
| |||||||
| 1 | 1992 by the Village of Heyworth. ; | ||||||
| 2 | (34) If if the ordinance was adopted on March 16, 1995 | ||||||
| 3 | by the Village of Heyworth. ; | ||||||
| 4 | (35) If if the ordinance was adopted on December 23, | ||||||
| 5 | 1986 by the Town of Cicero. ; | ||||||
| 6 | (36) If if the ordinance was adopted on December 30, | ||||||
| 7 | 1986 by the City of Effingham. ; | ||||||
| 8 | (37) If if the ordinance was adopted on May 9, 1991 by | ||||||
| 9 | the Village of
Tilton. ; | ||||||
| 10 | (38) If if the ordinance was adopted on October 20, | ||||||
| 11 | 1986 by the City of Elmhurst. ; | ||||||
| 12 | (39) If if the ordinance was adopted on January 19, | ||||||
| 13 | 1988 by the City of
Waukegan. ; | ||||||
| 14 | (40) If if the ordinance was adopted on September 21, | ||||||
| 15 | 1998 by the City of
Waukegan. ; | ||||||
| 16 | (41) If if the ordinance was adopted on December 31, | ||||||
| 17 | 1986 by the City of Sullivan. ; | ||||||
| 18 | (42) If if the ordinance was adopted on December 23, | ||||||
| 19 | 1991 by the City of Sullivan. ; | ||||||
| 20 | (43) If if the ordinance was adopted on December 31, | ||||||
| 21 | 1986 by the City of Oglesby. ; | ||||||
| 22 | (44) If if the ordinance was adopted on July 28, 1987 | ||||||
| 23 | by the City of Marion. ; | ||||||
| 24 | (45) If if the ordinance was adopted on April 23, 1990 | ||||||
| 25 | by the City of Marion. ; | ||||||
| 26 | (46) If if the ordinance was adopted on August 20, 1985 | ||||||
| |||||||
| |||||||
| 1 | by the Village of Mount Prospect. ; | ||||||
| 2 | (47) If if the ordinance was adopted on February 2, | ||||||
| 3 | 1998 by the Village of Woodhull. ; | ||||||
| 4 | (48) If if the ordinance was adopted on April 20, 1993 | ||||||
| 5 | by the Village of Princeville. ; | ||||||
| 6 | (49) If if the ordinance was adopted on July 1, 1986 by | ||||||
| 7 | the City of Granite City. ; | ||||||
| 8 | (50) If if the ordinance was adopted on February 2, | ||||||
| 9 | 1989 by the Village of Lombard. ; | ||||||
| 10 | (51) If if the ordinance was adopted on December 29, | ||||||
| 11 | 1986 by the Village of Gardner. ; | ||||||
| 12 | (52) If if the ordinance was adopted on July 14, 1999 | ||||||
| 13 | by the Village of Paw Paw. ; | ||||||
| 14 | (53) If if the ordinance was adopted on November 17, | ||||||
| 15 | 1986 by the Village of Franklin Park. ; | ||||||
| 16 | (54) If if the ordinance was adopted on November 20, | ||||||
| 17 | 1989 by the Village of South Holland. ; | ||||||
| 18 | (55) If if the ordinance was adopted on July 14, 1992 | ||||||
| 19 | by the Village of Riverdale. ; | ||||||
| 20 | (56) If if the ordinance was adopted on December 29, | ||||||
| 21 | 1986 by the City of Galesburg. ; | ||||||
| 22 | (57) If if the ordinance was adopted on April 1, 1985 | ||||||
| 23 | by the City of Galesburg. ; | ||||||
| 24 | (58) If if the ordinance was adopted on May 21, 1990 by | ||||||
| 25 | the City of West Chicago. ; | ||||||
| 26 | (59) If if the ordinance was adopted on December 16, | ||||||
| |||||||
| |||||||
| 1 | 1986 by the City of Oak Forest. ; | ||||||
| 2 | (60) If if the ordinance was adopted in 1999 by the | ||||||
| 3 | City of Villa Grove. ; | ||||||
| 4 | (61) If if the ordinance was adopted on January 13, | ||||||
| 5 | 1987 by the Village of Mt. Zion. ; | ||||||
| 6 | (62) If if the ordinance was adopted on December 30, | ||||||
| 7 | 1986 by the Village of Manteno. ; | ||||||
| 8 | (63) If if the ordinance was adopted on April 3, 1989 | ||||||
| 9 | by the City of Chicago Heights. ; | ||||||
| 10 | (64) If if the ordinance was adopted on January 6, 1999 | ||||||
| 11 | by the Village of Rosemont. ; | ||||||
| 12 | (65) If if the ordinance was adopted on December 19, | ||||||
| 13 | 2000 by the Village of Stone Park. ; | ||||||
| 14 | (66) If if the ordinance was adopted on December 22, | ||||||
| 15 | 1986 by the City of DeKalb. ; | ||||||
| 16 | (67) If if the ordinance was adopted on December 2, | ||||||
| 17 | 1986 by the City of Aurora. ;
| ||||||
| 18 | (68) If
if the ordinance was adopted on December 31, | ||||||
| 19 | 1986 by the Village of Milan. ; | ||||||
| 20 | (69) If
if the ordinance was adopted on September 8, | ||||||
| 21 | 1994 by the City of West Frankfort. ; | ||||||
| 22 | (70) If if the ordinance was adopted on December 23, | ||||||
| 23 | 1986 by the Village of Libertyville. ; | ||||||
| 24 | (71) If if the ordinance was adopted on December 22, | ||||||
| 25 | 1986 by the Village of Hoffman Estates. ;
| ||||||
| 26 | (72) If if the ordinance was adopted on September 17, | ||||||
| |||||||
| |||||||
| 1 | 1986 by the Village of Sherman. ;
| ||||||
| 2 | (73) If if the ordinance was adopted on December 16, | ||||||
| 3 | 1986 by the City of Macomb. ; | ||||||
| 4 | (74) If if the ordinance was adopted on June 11, 2002 | ||||||
| 5 | by the City of East Peoria to create the West Washington | ||||||
| 6 | Street TIF. ; | ||||||
| 7 | (75) If if the ordinance was adopted on June 11, 2002 | ||||||
| 8 | by the City of East Peoria to create the Camp Street TIF. ;
| ||||||
| 9 | (76) If if the ordinance was adopted on August 7, 2000 | ||||||
| 10 | by the City of Des Plaines. ; | ||||||
| 11 | (77) If if the ordinance was adopted on December 22, | ||||||
| 12 | 1986 by the City of Washington to create the Washington | ||||||
| 13 | Square TIF #2. ; | ||||||
| 14 | (78) If if the ordinance was adopted on December 29, | ||||||
| 15 | 1986 by the City of Morris. ;
| ||||||
| 16 | (79) If if the ordinance was adopted on July 6, 1998 by | ||||||
| 17 | the Village of Steeleville. ; | ||||||
| 18 | (80) If if the ordinance was adopted on December 29, | ||||||
| 19 | 1986 by the City of Pontiac to create TIF I (the Main St | ||||||
| 20 | TIF). ; | ||||||
| 21 | (81) If if the ordinance was adopted on December 29, | ||||||
| 22 | 1986 by the City of Pontiac to create TIF II (the | ||||||
| 23 | Interstate TIF). ; | ||||||
| 24 | (82) If if the ordinance was adopted on November 6, | ||||||
| 25 | 2002 by the City of Chicago to create the Madden/Wells TIF | ||||||
| 26 | District. ; | ||||||
| |||||||
| |||||||
| 1 | (83) If if the ordinance was adopted on November 4, | ||||||
| 2 | 1998 by the City of Chicago to create the Roosevelt/Racine | ||||||
| 3 | TIF District. ; | ||||||
| 4 | (84) If if the ordinance was adopted on June 10, 1998 | ||||||
| 5 | by the City of Chicago to create the Stony Island | ||||||
| 6 | Commercial/Burnside Industrial Corridors TIF District. ; | ||||||
| 7 | (85) If if the ordinance was adopted on November 29, | ||||||
| 8 | 1989 by the City of Chicago to create the Englewood Mall | ||||||
| 9 | TIF District. ; | ||||||
| 10 | (86) If if the ordinance was adopted on December 27, | ||||||
| 11 | 1986 by the City of Mendota. ; | ||||||
| 12 | (87) If if the ordinance was adopted on December 31, | ||||||
| 13 | 1986 by the Village of Cahokia. ; | ||||||
| 14 | (88) If if the ordinance was adopted on September 20, | ||||||
| 15 | 1999 by the City of Belleville. ; | ||||||
| 16 | (89) If if the ordinance was adopted on December 30, | ||||||
| 17 | 1986 by the Village of Bellevue to create the Bellevue TIF | ||||||
| 18 | District 1. ; | ||||||
| 19 | (90) If if the ordinance was adopted on December 13, | ||||||
| 20 | 1993 by the Village of Crete. ; | ||||||
| 21 | (91) If if the ordinance was adopted on February 12, | ||||||
| 22 | 2001 by the Village of Crete. ; | ||||||
| 23 | (92) If if the ordinance was adopted on April 23, 2001 | ||||||
| 24 | by the Village of Crete. ; | ||||||
| 25 | (93) If if the ordinance was adopted on December 16, | ||||||
| 26 | 1986 by the City of Champaign. ; | ||||||
| |||||||
| |||||||
| 1 | (94) If if the ordinance was adopted on December 20, | ||||||
| 2 | 1986 by the City of Charleston. ; | ||||||
| 3 | (95) If if the ordinance was adopted on June 6, 1989 by | ||||||
| 4 | the Village of Romeoville. ; | ||||||
| 5 | (96) If if the ordinance was adopted on October 14, | ||||||
| 6 | 1993 and amended on August 2, 2010 by the City of Venice. ; | ||||||
| 7 | (97) If if the ordinance was adopted on June 1, 1994 by | ||||||
| 8 | the City of Markham. ; | ||||||
| 9 | (98) If if the ordinance was adopted on May 19, 1998 by | ||||||
| 10 | the Village of Bensenville. ; | ||||||
| 11 | (99) If if the ordinance was adopted on November 12, | ||||||
| 12 | 1987 by the City of Dixon. ; | ||||||
| 13 | (100) If if the ordinance was adopted on December 20, | ||||||
| 14 | 1988 by the Village of Lansing. ; | ||||||
| 15 | (101) If if the ordinance was adopted on October 27, | ||||||
| 16 | 1998 by the City of Moline. ; | ||||||
| 17 | (102) If if the ordinance was adopted on May 21, 1991 | ||||||
| 18 | by the Village of Glenwood. ; | ||||||
| 19 | (103) If if the ordinance was adopted on January 28, | ||||||
| 20 | 1992 by the City of East Peoria. ; | ||||||
| 21 | (104) If if the ordinance was adopted on December 14, | ||||||
| 22 | 1998 by the City of Carlyle. ; | ||||||
| 23 | (105) If if the ordinance was adopted on May 17, 2000, | ||||||
| 24 | as subsequently amended, by the City of Chicago to create | ||||||
| 25 | the Midwest Redevelopment TIF District. ; | ||||||
| 26 | (106) If if the ordinance was adopted on September 13, | ||||||
| |||||||
| |||||||
| 1 | 1989 by the City of Chicago to create the Michigan/Cermak | ||||||
| 2 | Area TIF District. ; | ||||||
| 3 | (107) If if the ordinance was adopted on March 30, 1992 | ||||||
| 4 | by the Village of Ohio. ; | ||||||
| 5 | (108) If if the ordinance was adopted on July 6, 1998 | ||||||
| 6 | by the Village of Orangeville. ; | ||||||
| 7 | (109) If if the ordinance was adopted on December 16, | ||||||
| 8 | 1997 by the Village of Germantown. ; | ||||||
| 9 | (110) If if the ordinance was adopted on April 28, 2003 | ||||||
| 10 | by Gibson City. ; | ||||||
| 11 | (111) If if the ordinance was adopted on December 18, | ||||||
| 12 | 1990 by the Village of Washington Park, but only after the | ||||||
| 13 | Village of Washington Park becomes compliant with the | ||||||
| 14 | reporting requirements under subsection (d) of Section | ||||||
| 15 | 11-74.4-5, and after the State Comptroller's certification | ||||||
| 16 | of such compliance. ; | ||||||
| 17 | (112) If if the ordinance was adopted on February 28, | ||||||
| 18 | 2000 by the City of Harvey. ; or | ||||||
| 19 | (113) If if the ordinance was adopted on January 11, | ||||||
| 20 | 1991 by the City of Chicago to create the Read/Dunning TIF | ||||||
| 21 | District. ; | ||||||
| 22 | (114) If if the ordinance was adopted on July 24, 1991 | ||||||
| 23 | by the City of Chicago to create the Sanitary and Ship | ||||||
| 24 | Canal TIF District. ; | ||||||
| 25 | (115) If if the ordinance was adopted on December 4, | ||||||
| 26 | 2007 by the City of Naperville. ; | ||||||
| |||||||
| |||||||
| 1 | (116) If if the ordinance was adopted on July 1, 2002 | ||||||
| 2 | by the Village of Arlington Heights. ; | ||||||
| 3 | (117) If if the ordinance was adopted on February 11, | ||||||
| 4 | 1991 by the Village of Machesney Park. ; | ||||||
| 5 | (118) If if the ordinance was adopted on December 29, | ||||||
| 6 | 1993 by the City of Ottawa. ; or | ||||||
| 7 | (119) If if the ordinance was adopted on June 4, 1991 | ||||||
| 8 | by the Village of Lansing. | ||||||
| 9 | (120) If (119) if the ordinance was adopted on February | ||||||
| 10 | 10, 2004 by the Village of Fox Lake. ; | ||||||
| 11 | (121) If (120) if the ordinance was adopted on December | ||||||
| 12 | 22, 1992 by the City of Fairfield. ; or | ||||||
| 13 | (122) If (121) if the ordinance was adopted on February | ||||||
| 14 | 10, 1992 by the City of Mt. Sterling. | ||||||
| 15 | (123) If (113) if the ordinance was adopted on March | ||||||
| 16 | 15, 2004 by the City of Batavia. | ||||||
| 17 | (124) If (119) if the ordinance was adopted on March | ||||||
| 18 | 18, 2002 by the Village of Lake Zurich. | ||||||
| 19 | (d) For redevelopment project areas for which bonds were | ||||||
| 20 | issued before
July 29, 1991, or for which contracts were | ||||||
| 21 | entered into before June 1,
1988, in connection with a | ||||||
| 22 | redevelopment project in the area within
the State Sales Tax | ||||||
| 23 | Boundary, the estimated dates of completion of the
| ||||||
| 24 | redevelopment project and retirement of obligations to finance | ||||||
| 25 | redevelopment
project costs (including refunding bonds under | ||||||
| 26 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
| |||||||
| |||||||
| 1 | December 31, 2013.
The termination procedures of subsection (b) | ||||||
| 2 | of Section 11-74.4-8 are not
required for
these redevelopment | ||||||
| 3 | project areas in 2009 but are required in 2013.
The extension | ||||||
| 4 | allowed by Public Act 87-1272 shall not apply to real
property | ||||||
| 5 | tax increment allocation financing under Section 11-74.4-8. | ||||||
| 6 | (e) Those dates, for purposes of real property tax | ||||||
| 7 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
| 8 | only, shall be not more than 35 years
for redevelopment project | ||||||
| 9 | areas that were adopted on or after December 16,
1986 and for | ||||||
| 10 | which at least $8 million worth of municipal bonds were | ||||||
| 11 | authorized
on or after December 19, 1989 but before January 1, | ||||||
| 12 | 1990; provided that the
municipality elects to extend the life | ||||||
| 13 | of the redevelopment project area to 35
years by the adoption | ||||||
| 14 | of an ordinance after at least 14 but not more than 30
days' | ||||||
| 15 | written notice to the taxing bodies, that would otherwise | ||||||
| 16 | constitute the
joint review board for the redevelopment project | ||||||
| 17 | area, before the adoption of
the ordinance. | ||||||
| 18 | (f) Those dates, for purposes of real property tax | ||||||
| 19 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
| 20 | only, shall be not more than 35 years
for redevelopment project | ||||||
| 21 | areas that were established on or after December 1,
1981 but | ||||||
| 22 | before January 1, 1982 and for which at least $1,500,000 worth | ||||||
| 23 | of
tax increment revenue bonds were authorized
on or after | ||||||
| 24 | September 30, 1990 but before July 1, 1991; provided that the
| ||||||
| 25 | municipality elects to extend the life of the redevelopment | ||||||
| 26 | project area to 35
years by the adoption of an ordinance after | ||||||
| |||||||
| |||||||
| 1 | at least 14 but not more than 30
days' written notice to the | ||||||
| 2 | taxing bodies, that would otherwise constitute the
joint review | ||||||
| 3 | board for the redevelopment project area, before the adoption | ||||||
| 4 | of
the ordinance. | ||||||
| 5 | (g) In consolidating the material relating to completion | ||||||
| 6 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
| 7 | it is not the intent of the General Assembly to make any | ||||||
| 8 | substantive change in the law, except for the extension of the | ||||||
| 9 | completion dates for the City of Aurora, the Village of Milan,
| ||||||
| 10 | the City of West Frankfort, the Village of Libertyville, and | ||||||
| 11 | the Village of Hoffman Estates set forth under items (67),
| ||||||
| 12 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
| 13 | (Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, | ||||||
| 14 | eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; | ||||||
| 15 | 97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff. | ||||||
| 16 | 7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff. | ||||||
| 17 | 8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889, | ||||||
| 18 | eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14; | ||||||
| 19 | 98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff. | ||||||
| 20 | 1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
| ||||||
| 21 | Section 185. The Fire Protection District Act is amended by | ||||||
| 22 | changing Sections 11b and 16.06b as follows:
| ||||||
| 23 | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| ||||||
| 24 | Sec. 11b.
In case any fire protection district organized | ||||||
| |||||||
| |||||||
| 1 | hereunder is
coterminous with or includes within its corporate | ||||||
| 2 | limits in whole or in
part any city, village or incorporated | ||||||
| 3 | town authorized to provide
protection from fire and to regulate | ||||||
| 4 | the prevention and control of fire
within such city, village or | ||||||
| 5 | incorporated town and to levy taxes for any
such purposes, then | ||||||
| 6 | such city, village or incorporated town shall not
exercise any | ||||||
| 7 | such powers as necessarily conflict with the powers to be
| ||||||
| 8 | exercised by such district in respect to such fire protection | ||||||
| 9 | and
regulation within the fire protection district from and | ||||||
| 10 | after the date
that it receives written notice from the State | ||||||
| 11 | Fire Marshal
to cease or refrain from the operation of any fire
| ||||||
| 12 | protection facilities and the exercise of such powers, which | ||||||
| 13 | notice
shall be given only after the State Fire Marshal
has | ||||||
| 14 | ascertained that the Fire Protection District has placed
its | ||||||
| 15 | fire protection facilities in operation. Such city, village or
| ||||||
| 16 | incorporated town shall not thereafter own, operate, maintain, | ||||||
| 17 | manage,
control or have an interest in any fire protection | ||||||
| 18 | facilities located
within the corporate limits of the fire | ||||||
| 19 | protection district, except
water mains and hydrants and except | ||||||
| 20 | as otherwise provided in this Act. Where any city, village, or
| ||||||
| 21 | incorporated town with 500 or more mre residents is in fact | ||||||
| 22 | owning, operating, and maintaining a fire department or fire | ||||||
| 23 | departments located in whole or in part within or adjacent to
| ||||||
| 24 | the corporate limits of a fire protection district organized | ||||||
| 25 | under this Act, such city, village,
or incorporated town shall | ||||||
| 26 | not cease operating and maintaining the fire department or | ||||||
| |||||||
| |||||||
| 1 | departments unless such proposed cessation of services is first | ||||||
| 2 | submitted by
referendum to voters, as provided by Section 15b | ||||||
| 3 | of this Act. In addition, where any city,
village, or | ||||||
| 4 | incorporated town is in fact owning, operating, and maintaining | ||||||
| 5 | a fire department or fire departments located within the | ||||||
| 6 | corporate limits of a fire protection district organized under
| ||||||
| 7 | this Act, such city, village, or incorporated town
shall
be | ||||||
| 8 | paid and reimbursed for its actual expenditures and for all | ||||||
| 9 | existing
obligations incurred, including all pension and | ||||||
| 10 | annuity plans applicable
to the maintenance of fire protection | ||||||
| 11 | facilities theretofore made in
establishing such facilities | ||||||
| 12 | and in acquiring, constructing, improving
or developing any | ||||||
| 13 | such existing facilities in the manner provided for by
this | ||||||
| 14 | Act. The terms of payment shall provide for reimbursement in | ||||||
| 15 | full
within not less than 20 years from the date of such | ||||||
| 16 | agreement.
| ||||||
| 17 | (Source: P.A. 98-666, eff. 1-1-15; revised 12-1-14.)
| ||||||
| 18 | (70 ILCS 705/16.06b) | ||||||
| 19 | Sec. 16.06b. Original appointments; full-time fire | ||||||
| 20 | department. | ||||||
| 21 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 22 | provisions of Section 16.06c, this Section shall apply to all | ||||||
| 23 | original appointments to an affected full-time fire | ||||||
| 24 | department. Existing registers of eligibles shall continue to | ||||||
| 25 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| |||||||
| |||||||
| 1 | years after the effective date of this amendatory Act of the | ||||||
| 2 | 97th General Assembly. | ||||||
| 3 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 4 | to the contrary, all original appointments to an affected | ||||||
| 5 | department to which this Section applies shall be administered | ||||||
| 6 | in a no less stringent manner than the manner provided for in | ||||||
| 7 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
| 8 | Protection District Act, fire district ordinances, and rules | ||||||
| 9 | adopted pursuant to such authority and other laws relating to | ||||||
| 10 | initial hiring of firefighters in affected departments shall | ||||||
| 11 | continue to apply to the extent they are compatible with this | ||||||
| 12 | Section, but in the event of a conflict between this Section | ||||||
| 13 | and any other law, this Section shall control. | ||||||
| 14 | A fire protection district that is operating under a court | ||||||
| 15 | order or consent decree regarding original appointments to a | ||||||
| 16 | full-time fire department before the effective date of this | ||||||
| 17 | amendatory Act of the 97th General Assembly is exempt from the | ||||||
| 18 | requirements of this Section for the duration of the court | ||||||
| 19 | order or consent decree. | ||||||
| 20 | (b) Original appointments. All original appointments made | ||||||
| 21 | to an affected fire department shall be made from a register of | ||||||
| 22 | eligibles established in accordance with the processes | ||||||
| 23 | required by this Section. Only persons who meet or exceed the | ||||||
| 24 | performance standards required by the Section shall be placed | ||||||
| 25 | on a register of eligibles for original appointment to an | ||||||
| 26 | affected fire department. | ||||||
| |||||||
| |||||||
| 1 | Whenever an appointing authority authorizes action to hire | ||||||
| 2 | a person to perform the duties of a firefighter or to hire a | ||||||
| 3 | firefighter-paramedic to fill a position that is a new position | ||||||
| 4 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 5 | granting of a disability or retirement pension, or any other | ||||||
| 6 | cause, the appointing authority shall appoint to that position | ||||||
| 7 | the person with the highest ranking on the final eligibility | ||||||
| 8 | list. If the appointing authority has reason to conclude that | ||||||
| 9 | the highest ranked person fails to meet the minimum standards | ||||||
| 10 | for the position or if the appointing authority believes an | ||||||
| 11 | alternate candidate would better serve the needs of the | ||||||
| 12 | department, then the appointing authority has the right to pass | ||||||
| 13 | over the highest ranked person and appoint either: (i) any | ||||||
| 14 | person who has a ranking in the top 5% of the register of | ||||||
| 15 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 16 | ranked persons on the list of eligibles if the number of people | ||||||
| 17 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 18 | is less than 5 people. | ||||||
| 19 | Any candidate may pass on an appointment once without | ||||||
| 20 | losing his or her position on the register of eligibles. Any | ||||||
| 21 | candidate who passes a second time may be removed from the list | ||||||
| 22 | by the appointing authority provided that such action shall not | ||||||
| 23 | prejudice a person's opportunities to participate in future | ||||||
| 24 | examinations, including an examination held during the time a | ||||||
| 25 | candidate is already on the fire district's register of | ||||||
| 26 | eligibles. | ||||||
| |||||||
| |||||||
| 1 | The sole authority to issue certificates of appointment | ||||||
| 2 | shall be vested in the board of fire commissioners, or board of | ||||||
| 3 | trustees serving in the capacity of a board of fire | ||||||
| 4 | commissioners. All certificates of appointment issued to any | ||||||
| 5 | officer or member of an affected department shall be signed by | ||||||
| 6 | the chairperson and secretary, respectively, of the commission | ||||||
| 7 | upon appointment of such officer or member to the affected | ||||||
| 8 | department by action of the commission. Each person who accepts | ||||||
| 9 | a certificate of appointment and successfully completes his or | ||||||
| 10 | her probationary period shall be enrolled as a firefighter and | ||||||
| 11 | as a regular member of the fire department. | ||||||
| 12 | For the purposes of this Section, "firefighter" means any | ||||||
| 13 | person who has been prior to, on, or after the effective date | ||||||
| 14 | of this amendatory Act of the 97th General Assembly appointed | ||||||
| 15 | to a fire department or fire protection district or employed by | ||||||
| 16 | a State university and sworn or commissioned to perform | ||||||
| 17 | firefighter duties or paramedic duties, or both, except that | ||||||
| 18 | the following persons are not included: part-time | ||||||
| 19 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
| 20 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
| 21 | other civilian employees of a fire department or fire | ||||||
| 22 | protection district who are not routinely expected to perform | ||||||
| 23 | firefighter duties; and elected officials. | ||||||
| 24 | (c) Qualification for placement on register of eligibles. | ||||||
| 25 | The purpose of establishing a register of eligibles is to | ||||||
| 26 | identify applicants who possess and demonstrate the mental | ||||||
| |||||||
| |||||||
| 1 | aptitude and physical ability to perform the duties required of | ||||||
| 2 | members of the fire department in order to provide the highest | ||||||
| 3 | quality of service to the public. To this end, all applicants | ||||||
| 4 | for original appointment to an affected fire department shall | ||||||
| 5 | be subject to examination and testing which shall be public, | ||||||
| 6 | competitive, and open to all applicants unless the district | ||||||
| 7 | shall by ordinance limit applicants to residents of the | ||||||
| 8 | district, county or counties in which the district is located, | ||||||
| 9 | State, or nation. Any examination and testing procedure | ||||||
| 10 | utilized under subsection (e) of this Section shall be | ||||||
| 11 | supported by appropriate validation evidence and shall comply | ||||||
| 12 | with all applicable State state and federal laws. Districts may | ||||||
| 13 | establish educational, emergency medical service licensure, | ||||||
| 14 | and other pre-requisites for participation in an examination or | ||||||
| 15 | for hire as a firefighter. Any fire protection district may | ||||||
| 16 | charge a fee to cover the costs of the application process. | ||||||
| 17 | Residency requirements in effect at the time an individual | ||||||
| 18 | enters the fire service of a district cannot be made more | ||||||
| 19 | restrictive for that individual during his or her period of | ||||||
| 20 | service for that district, or be made a condition of promotion, | ||||||
| 21 | except for the rank or position of fire chief and for no more | ||||||
| 22 | than 2 positions that rank immediately below that of the chief | ||||||
| 23 | rank which are appointed positions pursuant to the Fire | ||||||
| 24 | Department Promotion Act. | ||||||
| 25 | No person who is 35 years of age or older shall be eligible | ||||||
| 26 | to take an examination for a position as a firefighter unless | ||||||
| |||||||
| |||||||
| 1 | the person has had previous employment status as a firefighter | ||||||
| 2 | in the regularly constituted fire department of the district, | ||||||
| 3 | except as provided in this Section. The age limitation does not | ||||||
| 4 | apply to: | ||||||
| 5 | (1) any person previously employed as a full-time | ||||||
| 6 | firefighter in a regularly constituted fire department of | ||||||
| 7 | (i) any municipality or fire protection district located in | ||||||
| 8 | Illinois, (ii) a fire protection district whose | ||||||
| 9 | obligations were assumed by a municipality under Section 21 | ||||||
| 10 | of the Fire Protection District Act, or (iii) a | ||||||
| 11 | municipality whose obligations were taken over by a fire | ||||||
| 12 | protection district; , or | ||||||
| 13 | (2) any person who has served a fire district as a | ||||||
| 14 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 15 | firefighter for the 5 years immediately preceding the time | ||||||
| 16 | that the district begins to use full-time firefighters to | ||||||
| 17 | provide all or part of its fire protection service; or | ||||||
| 18 | (3) any person who turned 35 while serving as a member | ||||||
| 19 | of the active or reserve components of any of the branches | ||||||
| 20 | of the Armed Forces of the United States or the National | ||||||
| 21 | Guard of any state, whose service was characterized as | ||||||
| 22 | honorable or under honorable, if separated from the | ||||||
| 23 | military, and is currently under the age of 40. | ||||||
| 24 | No person who is under 21 years of age shall be eligible | ||||||
| 25 | for employment as a firefighter. | ||||||
| 26 | No applicant shall be examined concerning his or her | ||||||
| |||||||
| |||||||
| 1 | political or religious opinions or affiliations. The | ||||||
| 2 | examinations shall be conducted by the commissioners of the | ||||||
| 3 | district or their designees and agents. | ||||||
| 4 | No district shall require that any firefighter appointed to | ||||||
| 5 | the lowest rank serve a probationary employment period of | ||||||
| 6 | longer than one year of actual active employment, which may | ||||||
| 7 | exclude periods of training, or injury or illness leaves, | ||||||
| 8 | including duty related leave, in excess of 30 calendar days. | ||||||
| 9 | Notwithstanding anything to the contrary in this Section, the | ||||||
| 10 | probationary employment period limitation may be extended for a | ||||||
| 11 | firefighter who is required, as a condition of employment, to | ||||||
| 12 | be a licensed paramedic, during which time the sole reason that | ||||||
| 13 | a firefighter may be discharged without a hearing is for | ||||||
| 14 | failing to meet the requirements for paramedic licensure. | ||||||
| 15 | In the event that any applicant who has been found eligible | ||||||
| 16 | for appointment and whose name has been placed upon the final | ||||||
| 17 | eligibility register provided for in this Section has not been | ||||||
| 18 | appointed to a firefighter position within one year after the | ||||||
| 19 | date of his or her physical ability examination, the commission | ||||||
| 20 | may cause a second examination to be made of that applicant's | ||||||
| 21 | physical ability prior to his or her appointment. If, after the | ||||||
| 22 | second examination, the physical ability of the applicant shall | ||||||
| 23 | be found to be less than the minimum standard fixed by the | ||||||
| 24 | rules of the commission, the applicant shall not be appointed. | ||||||
| 25 | The applicant's name may be retained upon the register of | ||||||
| 26 | candidates eligible for appointment and when next reached for | ||||||
| |||||||
| |||||||
| 1 | certification and appointment that applicant may be again | ||||||
| 2 | examined as provided in this Section, and if the physical | ||||||
| 3 | ability of that applicant is found to be less than the minimum | ||||||
| 4 | standard fixed by the rules of the commission, the applicant | ||||||
| 5 | shall not be appointed, and the name of the applicant shall be | ||||||
| 6 | removed from the register. | ||||||
| 7 | (d) Notice, examination, and testing components. Notice of | ||||||
| 8 | the time, place, general scope, merit criteria for any | ||||||
| 9 | subjective component, and fee of every examination shall be | ||||||
| 10 | given by the commission, by a publication at least 2 weeks | ||||||
| 11 | preceding the examination: (i) in one or more newspapers | ||||||
| 12 | published in the district, or if no newspaper is published | ||||||
| 13 | therein, then in one or more newspapers with a general | ||||||
| 14 | circulation within the district, or (ii) on the fire protection | ||||||
| 15 | district's Internet website. Additional notice of the | ||||||
| 16 | examination may be given as the commission shall prescribe. | ||||||
| 17 | The examination and qualifying standards for employment of | ||||||
| 18 | firefighters shall be based on: mental aptitude, physical | ||||||
| 19 | ability, preferences, moral character, and health. The mental | ||||||
| 20 | aptitude, physical ability, and preference components shall | ||||||
| 21 | determine an applicant's qualification for and placement on the | ||||||
| 22 | final register of eligibles. The examination may also include a | ||||||
| 23 | subjective component based on merit criteria as determined by | ||||||
| 24 | the commission. Scores from the examination must be made | ||||||
| 25 | available to the public. | ||||||
| 26 | (e) Mental aptitude. No person who does not possess at | ||||||
| |||||||
| |||||||
| 1 | least a high school diploma or an equivalent high school | ||||||
| 2 | education shall be placed on a register of eligibles. | ||||||
| 3 | Examination of an applicant's mental aptitude shall be based | ||||||
| 4 | upon a written examination. The examination shall be practical | ||||||
| 5 | in character and relate to those matters that fairly test the | ||||||
| 6 | capacity of the persons examined to discharge the duties | ||||||
| 7 | performed by members of a fire department. Written examinations | ||||||
| 8 | shall be administered in a manner that ensures the security and | ||||||
| 9 | accuracy of the scores achieved. | ||||||
| 10 | (f) Physical ability. All candidates shall be required to | ||||||
| 11 | undergo an examination of their physical ability to perform the | ||||||
| 12 | essential functions included in the duties they may be called | ||||||
| 13 | upon to perform as a member of a fire department. For the | ||||||
| 14 | purposes of this Section, essential functions of the job are | ||||||
| 15 | functions associated with duties that a firefighter may be | ||||||
| 16 | called upon to perform in response to emergency calls. The | ||||||
| 17 | frequency of the occurrence of those duties as part of the fire | ||||||
| 18 | department's regular routine shall not be a controlling factor | ||||||
| 19 | in the design of examination criteria or evolutions selected | ||||||
| 20 | for testing. These physical examinations shall be open, | ||||||
| 21 | competitive, and based on industry standards designed to test | ||||||
| 22 | each applicant's physical abilities in the following | ||||||
| 23 | dimensions: | ||||||
| 24 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 25 | that may be required in the performance of duties including | ||||||
| 26 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| |||||||
| |||||||
| 1 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 2 | to test both the candidate's speed and endurance in | ||||||
| 3 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 4 | on standards developed, or approved, by the local | ||||||
| 5 | appointing authority. | ||||||
| 6 | (2) The ability to climb ladders, operate from heights, | ||||||
| 7 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 8 | and operate in proximity to hazardous environments. | ||||||
| 9 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 10 | and complex problem solving during physical exertion in | ||||||
| 11 | stressful and hazardous environments. The testing | ||||||
| 12 | environment may be hot and dark with tightly enclosed | ||||||
| 13 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 14 | The tests utilized to measure each applicant's
| ||||||
| 15 | capabilities in each of these dimensions may be tests based on
| ||||||
| 16 | industry standards currently in use or equivalent tests | ||||||
| 17 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 18 | of the State Fire Marshal. | ||||||
| 19 | Physical ability examinations administered under this | ||||||
| 20 | Section shall be conducted with a reasonable number of proctors | ||||||
| 21 | and monitors, open to the public, and subject to reasonable | ||||||
| 22 | regulations of the commission. | ||||||
| 23 | (g) Scoring of examination components. Appointing | ||||||
| 24 | authorities may create a preliminary eligibility register. A | ||||||
| 25 | person shall be placed on the list based upon his or her | ||||||
| 26 | passage of the written examination or the passage of the | ||||||
| |||||||
| |||||||
| 1 | written examination and the physical ability component. | ||||||
| 2 | Passage of the written examination means attaining the minimum | ||||||
| 3 | score set by the commission. Minimum scores should be set by | ||||||
| 4 | the appointing authorities so as to demonstrate a candidate's | ||||||
| 5 | ability to perform the essential functions of the job. The | ||||||
| 6 | minimum score set by the commission shall be supported by | ||||||
| 7 | appropriate validation evidence and shall comply with all | ||||||
| 8 | applicable State state and federal laws. The appointing | ||||||
| 9 | authority may conduct the physical ability component and any | ||||||
| 10 | subjective components subsequent to the posting of the | ||||||
| 11 | preliminary eligibility register. | ||||||
| 12 | The examination components for an initial eligibility | ||||||
| 13 | register shall be graded on a 100-point scale. A person's | ||||||
| 14 | position on the list shall be determined by the following: (i)
| ||||||
| 15 | the person's score on the written examination, (ii) the person
| ||||||
| 16 | successfully passing the physical ability component, and (iii) | ||||||
| 17 | the
person's results on any subjective component as described | ||||||
| 18 | in
subsection (d). | ||||||
| 19 | In order to qualify for placement on the final eligibility | ||||||
| 20 | register, an applicant's score on the written examination, | ||||||
| 21 | before any applicable preference points or subjective points | ||||||
| 22 | are applied, shall be at or above the minimum score set by the | ||||||
| 23 | commission. The local appointing authority may prescribe the | ||||||
| 24 | score to qualify for placement on the final eligibility | ||||||
| 25 | register, but the score shall not be less than the minimum | ||||||
| 26 | score set by the commission. | ||||||
| |||||||
| |||||||
| 1 | The commission shall prepare and keep a register of persons | ||||||
| 2 | whose total score is not less than the minimum score for | ||||||
| 3 | passage and who have passed the physical ability examination. | ||||||
| 4 | These persons shall take rank upon the register as candidates | ||||||
| 5 | in the order of their relative excellence based on the highest | ||||||
| 6 | to the lowest total points scored on the mental aptitude, | ||||||
| 7 | subjective component, and preference components of the test | ||||||
| 8 | administered in accordance with this Section. No more than 60 | ||||||
| 9 | days after each examination, an initial eligibility list shall | ||||||
| 10 | be posted by the commission. The list shall include the final | ||||||
| 11 | grades of the candidates without reference to priority of the | ||||||
| 12 | time of examination and subject to claim for preference credit. | ||||||
| 13 | Commissions may conduct additional examinations, including | ||||||
| 14 | without limitation a polygraph test, after a final eligibility | ||||||
| 15 | register is established and before it expires with the | ||||||
| 16 | candidates ranked by total score without regard to date of | ||||||
| 17 | examination. No more than 60 days after each examination, an | ||||||
| 18 | initial eligibility list shall be posted by the commission | ||||||
| 19 | showing the final grades of the candidates without reference to | ||||||
| 20 | priority of time of examination and subject to claim for | ||||||
| 21 | preference credit. | ||||||
| 22 | (h) Preferences. The following are preferences: | ||||||
| 23 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 24 | military service of the United States for a period of at | ||||||
| 25 | least one year of active duty and who were honorably | ||||||
| 26 | discharged therefrom, or who are now or have been members | ||||||
| |||||||
| |||||||
| 1 | on inactive or reserve duty in such military or naval | ||||||
| 2 | service, shall be preferred for appointment to and | ||||||
| 3 | employment with the fire department of an affected | ||||||
| 4 | department. | ||||||
| 5 | (2) Fire cadet preference. Persons who have | ||||||
| 6 | successfully completed 2 years of study in fire techniques | ||||||
| 7 | or cadet training within a cadet program established under | ||||||
| 8 | the rules of the Joint Labor and Management Committee | ||||||
| 9 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 10 | Promotion Act, may be preferred for appointment to and | ||||||
| 11 | employment with the fire department. | ||||||
| 12 | (3) Educational preference. Persons who have | ||||||
| 13 | successfully obtained an associate's degree in the field of | ||||||
| 14 | fire service or emergency medical services, or a bachelor's | ||||||
| 15 | degree from an accredited college or university may be | ||||||
| 16 | preferred for appointment to and employment with the fire | ||||||
| 17 | department. | ||||||
| 18 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 19 | license as a paramedic may be preferred for appointment to | ||||||
| 20 | and employment with the fire department of an affected | ||||||
| 21 | department providing emergency medical services. | ||||||
| 22 | (5) Experience preference. All persons employed by a | ||||||
| 23 | district who have been paid-on-call or part-time certified | ||||||
| 24 | Firefighter II, certified Firefighter III, State of | ||||||
| 25 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 26 | paramedic, or any combination of those capacities may be | ||||||
| |||||||
| |||||||
| 1 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 2 | may not be awarded more than 0.5 points for each complete | ||||||
| 3 | year of paid-on-call or part-time service. Applicants from | ||||||
| 4 | outside the district who were employed as full-time | ||||||
| 5 | firefighters or firefighter-paramedics by a fire | ||||||
| 6 | protection district or municipality for at least 2 years | ||||||
| 7 | may be awarded up to 5 experience preference points. | ||||||
| 8 | However, the applicant may not be awarded more than one | ||||||
| 9 | point for each complete year of full-time service. | ||||||
| 10 | Upon request by the commission, the governing body of | ||||||
| 11 | the district or in the case of applicants from outside the | ||||||
| 12 | district the governing body of any other fire protection | ||||||
| 13 | district or any municipality shall certify to the | ||||||
| 14 | commission, within 10 days after the request, the number of | ||||||
| 15 | years of successful paid-on-call, part-time, or full-time | ||||||
| 16 | service of any person. A candidate may not receive the full | ||||||
| 17 | amount of preference points under this subsection if the | ||||||
| 18 | amount of points awarded would place the candidate before a | ||||||
| 19 | veteran on the eligibility list. If more than one candidate | ||||||
| 20 | receiving experience preference points is prevented from | ||||||
| 21 | receiving all of their points due to not being allowed to | ||||||
| 22 | pass a veteran, the candidates shall be placed on the list | ||||||
| 23 | below the veteran in rank order based on the totals | ||||||
| 24 | received if all points under this subsection were to be | ||||||
| 25 | awarded. Any remaining ties on the list shall be determined | ||||||
| 26 | by lot. | ||||||
| |||||||
| |||||||
| 1 | (6) Residency preference. Applicants whose principal | ||||||
| 2 | residence is located within the fire department's | ||||||
| 3 | jurisdiction may be preferred for appointment to and | ||||||
| 4 | employment with the fire department. | ||||||
| 5 | (7) Additional preferences. Up to 5 additional | ||||||
| 6 | preference points may be awarded for unique categories | ||||||
| 7 | based on an applicant's experience or background as | ||||||
| 8 | identified by the commission. | ||||||
| 9 | (8) Scoring of preferences. The
commission shall give | ||||||
| 10 | preference for original appointment
to persons designated | ||||||
| 11 | in item (1)
by adding to the final grade that they receive | ||||||
| 12 | 5 points
for the recognized preference achieved. The | ||||||
| 13 | commission shall determine the number of preference points | ||||||
| 14 | for each category except (1). The number of preference | ||||||
| 15 | points for each category shall range from 0 to 5. In | ||||||
| 16 | determining the number of preference points, the | ||||||
| 17 | commission shall prescribe that if a candidate earns the | ||||||
| 18 | maximum number of preference points in all categories, that | ||||||
| 19 | number may not be less than 10 nor more than 30. The | ||||||
| 20 | commission shall give preference for original appointment | ||||||
| 21 | to persons designated in items (2) through (7) by adding | ||||||
| 22 | the requisite number of points to the final grade for each | ||||||
| 23 | recognized preference achieved. The numerical result thus | ||||||
| 24 | attained shall be applied by the commission in determining | ||||||
| 25 | the final eligibility list and appointment from the | ||||||
| 26 | eligibility list. The local appointing authority may | ||||||
| |||||||
| |||||||
| 1 | prescribe the total number of preference points awarded | ||||||
| 2 | under this Section, but the total number of preference | ||||||
| 3 | points shall not be less than 10 points or more than 30 | ||||||
| 4 | points. | ||||||
| 5 | No person entitled to any preference shall be required to | ||||||
| 6 | claim the credit before any examination held under the | ||||||
| 7 | provisions of this Section, but the preference shall be given | ||||||
| 8 | after the posting or publication of the initial eligibility | ||||||
| 9 | list or register at the request of a person entitled to a | ||||||
| 10 | credit before any certification or appointments are made from | ||||||
| 11 | the eligibility register, upon the furnishing of verifiable | ||||||
| 12 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 13 | who are eligible for preference credit shall make a claim in | ||||||
| 14 | writing within 10 days after the posting of the initial | ||||||
| 15 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 16 | eligibility registers shall be established after the awarding | ||||||
| 17 | of verified preference points. All employment shall be subject | ||||||
| 18 | to the commission's initial hire background review including, | ||||||
| 19 | but not limited to, criminal history, employment history, moral | ||||||
| 20 | character, oral examination, and medical and psychological | ||||||
| 21 | examinations, all on a pass-fail basis. The medical and | ||||||
| 22 | psychological examinations must be conducted last, and may only | ||||||
| 23 | be performed after a conditional offer of employment has been | ||||||
| 24 | extended. | ||||||
| 25 | Any person placed on an eligibility list who exceeds the | ||||||
| 26 | age requirement before being appointed to a fire department | ||||||
| |||||||
| |||||||
| 1 | shall remain eligible for appointment until the list is | ||||||
| 2 | abolished, or his or her name has been on the list for a period | ||||||
| 3 | of 2 years. No person who has attained the age of 35 years | ||||||
| 4 | shall be inducted into a fire department, except as otherwise | ||||||
| 5 | provided in this Section. | ||||||
| 6 | The commission shall strike off the names of candidates for | ||||||
| 7 | original appointment after the names have been on the list for | ||||||
| 8 | more than 2 years. | ||||||
| 9 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 10 | department unless he or she is a person of good character; not | ||||||
| 11 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 12 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 13 | However, no person shall be disqualified from appointment to | ||||||
| 14 | the fire department because of the person's record of | ||||||
| 15 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 16 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 17 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 18 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 19 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 21 | conviction thereon. Any such person who is in the department | ||||||
| 22 | may be removed on charges brought for violating this subsection | ||||||
| 23 | and after a trial as hereinafter provided. | ||||||
| 24 | A classifiable set of the fingerprints of every person who | ||||||
| 25 | is offered employment as a certificated member of an affected | ||||||
| 26 | fire department whether with or without compensation, shall be | ||||||
| |||||||
| |||||||
| 1 | furnished to the Illinois Department of State Police and to the | ||||||
| 2 | Federal Bureau of Investigation by the commission. | ||||||
| 3 | Whenever a commission is authorized or required by law to | ||||||
| 4 | consider some aspect of criminal history record information for | ||||||
| 5 | the purpose of carrying out its statutory powers and | ||||||
| 6 | responsibilities, then, upon request and payment of fees in | ||||||
| 7 | conformance with the requirements of Section 2605-400 of the | ||||||
| 8 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
| 9 | the Department of State Police is authorized to furnish, | ||||||
| 10 | pursuant to positive identification, the information contained | ||||||
| 11 | in State files as is necessary to fulfill the request. | ||||||
| 12 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 13 | of public business, to meet extraordinary exigencies, or to | ||||||
| 14 | prevent material impairment of the fire department, the | ||||||
| 15 | commission may make temporary appointments, to remain in force | ||||||
| 16 | only until regular appointments are made under the provisions | ||||||
| 17 | of this Section, but never to exceed 60 days. No temporary | ||||||
| 18 | appointment of any one person shall be made more than twice in | ||||||
| 19 | any calendar year. | ||||||
| 20 | (k) A person who knowingly divulges or receives test | ||||||
| 21 | questions or answers before a written examination, or otherwise | ||||||
| 22 | knowingly violates or subverts any requirement of this Section, | ||||||
| 23 | commits a violation of this Section and may be subject to | ||||||
| 24 | charges for official misconduct. | ||||||
| 25 | A person who is the knowing recipient of test information | ||||||
| 26 | in advance of the examination shall be disqualified from the | ||||||
| |||||||
| |||||||
| 1 | examination or discharged from the position to which he or she | ||||||
| 2 | was appointed, as applicable, and otherwise subjected to | ||||||
| 3 | disciplinary actions.
| ||||||
| 4 | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | ||||||
| 5 | 97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. | ||||||
| 6 | 8-15-14; 98-995, eff. 8-18-14; revised 10-2-14.)
| ||||||
| 7 | Section 190. The School Code is amended by changing | ||||||
| 8 | Sections 2-3.25g, 3-15.12, 14-7.02, 19-1, 24-12, 27-23.7, | ||||||
| 9 | 27A-4, 27A-5, 27A-6, 27A-7, 27A-11, 30-14.2, and 34-85 and by | ||||||
| 10 | setting forth and renumbering multiple versions of Section | ||||||
| 11 | 2-3.160 as follows:
| ||||||
| 12 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||
| 13 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||
| 14 | School
Code and administrative rules and regulations. | ||||||
| 15 | (a) In this Section: | ||||||
| 16 | "Board" means a school board or the governing board or | ||||||
| 17 | administrative district, as the case may be, for a joint | ||||||
| 18 | agreement. | ||||||
| 19 | "Eligible applicant" means a school district, joint | ||||||
| 20 | agreement made up of school districts, or regional | ||||||
| 21 | superintendent of schools on behalf of schools and programs | ||||||
| 22 | operated by the regional office of education.
| ||||||
| 23 | "Implementation date" has the meaning set forth in | ||||||
| 24 | Section 24A-2.5 of this Code. | ||||||
| |||||||
| |||||||
| 1 | "State Board" means the State Board of Education.
| ||||||
| 2 | (b) Notwithstanding any other
provisions of this School | ||||||
| 3 | Code or any other law of this State to the
contrary, eligible | ||||||
| 4 | applicants may petition the State Board of Education for the
| ||||||
| 5 | waiver or modification of the mandates of this School Code or | ||||||
| 6 | of the
administrative rules and regulations promulgated by the | ||||||
| 7 | State Board of
Education. Waivers or modifications of | ||||||
| 8 | administrative rules and regulations
and modifications of | ||||||
| 9 | mandates of this School Code may be requested when an eligible | ||||||
| 10 | applicant demonstrates that it can address the intent of the | ||||||
| 11 | rule or
mandate in a more effective, efficient, or economical | ||||||
| 12 | manner or when necessary
to stimulate innovation or improve | ||||||
| 13 | student performance. Waivers of
mandates of
the School Code may | ||||||
| 14 | be requested when the waivers are necessary to stimulate
| ||||||
| 15 | innovation or improve student performance. Waivers may not be | ||||||
| 16 | requested
from laws, rules, and regulations pertaining to | ||||||
| 17 | special education, teacher educator licensure, teacher tenure | ||||||
| 18 | and seniority, or Section 5-2.1 of this Code or from compliance | ||||||
| 19 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
| 20 | Eligible applicants may not seek a waiver or seek a | ||||||
| 21 | modification of a mandate regarding the requirements for (i) | ||||||
| 22 | student performance data to be a significant factor in teacher | ||||||
| 23 | or principal evaluations or (ii) for teachers and principals to | ||||||
| 24 | be rated using the 4 categories of "excellent", "proficient", | ||||||
| 25 | "needs improvement", or "unsatisfactory". On September 1, | ||||||
| 26 | 2014, any previously authorized waiver or modification from | ||||||
| |||||||
| |||||||
| 1 | such requirements shall terminate. | ||||||
| 2 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
| 3 | policy, and any
Independent Authority established under | ||||||
| 4 | Section 2-3.25f-5 of this Code may submit an
application for a | ||||||
| 5 | waiver or modification authorized under this Section. Each
| ||||||
| 6 | application must include a written request by the eligible | ||||||
| 7 | applicant or
Independent Authority and must demonstrate that | ||||||
| 8 | the intent of the mandate can
be addressed in a more effective, | ||||||
| 9 | efficient, or economical manner
or be based
upon a specific | ||||||
| 10 | plan for improved student performance and school improvement.
| ||||||
| 11 | Any eligible applicant requesting a waiver or modification for | ||||||
| 12 | the reason that intent
of the mandate can be addressed in a | ||||||
| 13 | more economical manner shall include in
the application a | ||||||
| 14 | fiscal analysis showing current expenditures on the mandate
and | ||||||
| 15 | projected savings resulting from the waiver
or modification. | ||||||
| 16 | Applications
and plans developed by eligible applicants must be | ||||||
| 17 | approved by the board or regional superintendent of schools | ||||||
| 18 | applying on behalf of schools or programs operated by the | ||||||
| 19 | regional office of education following a public hearing on the | ||||||
| 20 | application and plan and the
opportunity for the board or | ||||||
| 21 | regional superintendent to hear testimony from staff
directly | ||||||
| 22 | involved in
its implementation, parents, and students. The time | ||||||
| 23 | period for such testimony shall be separate from the time | ||||||
| 24 | period established by the eligible applicant for public comment | ||||||
| 25 | on other matters. If the applicant is a school district or | ||||||
| 26 | joint agreement requesting a waiver or modification of Section | ||||||
| |||||||
| |||||||
| 1 | 27-6 of this Code, the public hearing shall be held on a day | ||||||
| 2 | other than the day on which a regular meeting of the board is | ||||||
| 3 | held. | ||||||
| 4 | (c-5) If the applicant is a school district, then the | ||||||
| 5 | district shall post information that sets forth the time, date, | ||||||
| 6 | place, and general subject matter of the public hearing on its | ||||||
| 7 | Internet website at least 14 days prior to the hearing. If the | ||||||
| 8 | district is requesting to increase the fee charged for driver | ||||||
| 9 | education authorized pursuant to Section 27-24.2 of this Code, | ||||||
| 10 | the website information shall include the proposed amount of | ||||||
| 11 | the fee the district will request. All school districts must | ||||||
| 12 | publish a notice of the public hearing at least 7 days prior to | ||||||
| 13 | the hearing in a newspaper of general circulation within the | ||||||
| 14 | school district that sets forth the time, date, place, and | ||||||
| 15 | general subject matter of the hearing. Districts requesting to | ||||||
| 16 | increase the fee charged for driver education shall include in | ||||||
| 17 | the published notice the proposed amount of the fee the | ||||||
| 18 | district will request. If the applicant is a joint agreement or | ||||||
| 19 | regional superintendent, then the joint agreement or regional | ||||||
| 20 | superintendent shall post information that sets forth the time, | ||||||
| 21 | date, place, and general subject matter of the public hearing | ||||||
| 22 | on its Internet website at least 14 days prior to the hearing. | ||||||
| 23 | If the joint agreement or regional superintendent is requesting | ||||||
| 24 | to increase the fee charged for driver education authorized | ||||||
| 25 | pursuant to Section 27-24.2 of this Code, the website | ||||||
| 26 | information shall include the proposed amount of the fee the | ||||||
| |||||||
| |||||||
| 1 | applicant will request. All joint agreements and regional | ||||||
| 2 | superintendents must publish a notice of the public hearing at | ||||||
| 3 | least 7 days prior to the hearing in a newspaper of general | ||||||
| 4 | circulation in each school district that is a member of the | ||||||
| 5 | joint agreement or that is served by the educational service | ||||||
| 6 | region that sets forth the time, date, place, and general | ||||||
| 7 | subject matter of the hearing, provided that a notice appearing | ||||||
| 8 | in a newspaper generally circulated in more than one school | ||||||
| 9 | district shall be deemed to fulfill this requirement with | ||||||
| 10 | respect to all of the affected districts. Joint agreements or | ||||||
| 11 | regional superintendents requesting to increase the fee | ||||||
| 12 | charged for driver education shall include in the published | ||||||
| 13 | notice the proposed amount of the fee the applicant will | ||||||
| 14 | request. The
eligible applicant must notify in writing the | ||||||
| 15 | affected exclusive collective
bargaining agent and those State | ||||||
| 16 | legislators representing the eligible applicant's territory of
| ||||||
| 17 | its
intent to seek approval of a
waiver or
modification and of | ||||||
| 18 | the hearing to be held to take testimony from staff.
The | ||||||
| 19 | affected exclusive collective bargaining agents shall be | ||||||
| 20 | notified of such
public hearing at least 7 days prior to the | ||||||
| 21 | date of the hearing and shall be
allowed to attend
such public | ||||||
| 22 | hearing. The eligible applicant shall attest to compliance with | ||||||
| 23 | all of
the notification and procedural requirements set forth | ||||||
| 24 | in this Section. | ||||||
| 25 | (d) A request for a waiver or modification of | ||||||
| 26 | administrative rules and
regulations or for a modification of | ||||||
| |||||||
| |||||||
| 1 | mandates contained in this School Code
shall be submitted to | ||||||
| 2 | the State Board of Education within 15 days after
approval by | ||||||
| 3 | the board or regional superintendent of schools. The | ||||||
| 4 | application as submitted to the
State Board of Education shall | ||||||
| 5 | include a description of the public hearing. Except with | ||||||
| 6 | respect to contracting for adaptive driver education, an | ||||||
| 7 | eligible applicant wishing to request a modification or waiver | ||||||
| 8 | of administrative rules of the State Board of Education | ||||||
| 9 | regarding contracting with a commercial driver training school | ||||||
| 10 | to provide the course of study authorized under Section 27-24.2 | ||||||
| 11 | of this Code must provide evidence with its application that | ||||||
| 12 | the commercial driver training school with which it will | ||||||
| 13 | contract holds a license issued by the Secretary of State under | ||||||
| 14 | Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||||||
| 15 | each instructor employed by the commercial driver training | ||||||
| 16 | school to provide instruction to students served by the school | ||||||
| 17 | district holds a valid teaching certificate or teaching | ||||||
| 18 | license, as applicable, issued under the requirements of this | ||||||
| 19 | Code and rules of the State Board of Education. Such evidence | ||||||
| 20 | must include, but need not be limited to, a list of each | ||||||
| 21 | instructor assigned to teach students served by the school | ||||||
| 22 | district, which list shall include the instructor's name, | ||||||
| 23 | personal identification number as required by the State Board | ||||||
| 24 | of Education, birth date, and driver's license number. If the | ||||||
| 25 | modification or waiver is granted, then the eligible applicant | ||||||
| 26 | shall notify the State Board of Education of any changes in the | ||||||
| |||||||
| |||||||
| 1 | personnel providing instruction within 15 calendar days after | ||||||
| 2 | an instructor leaves the program or a new instructor is hired. | ||||||
| 3 | Such notification shall include the instructor's name, | ||||||
| 4 | personal identification number as required by the State Board | ||||||
| 5 | of Education, birth date, and driver's license number. If a | ||||||
| 6 | school district maintains an Internet website, then the | ||||||
| 7 | district shall post a copy of the final contract between the | ||||||
| 8 | district and the commercial driver training school on the | ||||||
| 9 | district's Internet website. If no Internet website exists, | ||||||
| 10 | then the district shall make available the contract upon | ||||||
| 11 | request. A record of all materials in relation to the | ||||||
| 12 | application for contracting must be maintained by the school | ||||||
| 13 | district and made available to parents and guardians upon | ||||||
| 14 | request. The instructor's date of birth and driver's license | ||||||
| 15 | number and any other personally identifying information as | ||||||
| 16 | deemed by the federal Driver's Privacy Protection Act of 1994 | ||||||
| 17 | must be redacted from any public materials.
Following receipt | ||||||
| 18 | of the waiver or modification request, the
State Board shall | ||||||
| 19 | have 45 days to review the application and request. If the
| ||||||
| 20 | State Board fails to disapprove the application within that 45 | ||||||
| 21 | day period, the
waiver or modification shall be deemed granted. | ||||||
| 22 | The State Board
may disapprove
any request if it is not based | ||||||
| 23 | upon sound educational practices, endangers the
health or | ||||||
| 24 | safety of students or staff, compromises equal opportunities | ||||||
| 25 | for
learning, or fails to demonstrate that the intent of the | ||||||
| 26 | rule or mandate can be
addressed in a more effective, | ||||||
| |||||||
| |||||||
| 1 | efficient, or economical manner or have improved
student | ||||||
| 2 | performance as a primary goal. Any request disapproved by the | ||||||
| 3 | State
Board may be appealed to the General Assembly by the | ||||||
| 4 | eligible applicant
as outlined in this Section. | ||||||
| 5 | A request for a waiver from mandates contained in this | ||||||
| 6 | School Code shall be
submitted to the State Board within 15 | ||||||
| 7 | days after approval by the board or regional superintendent of | ||||||
| 8 | schools.
The application as submitted to the State Board of | ||||||
| 9 | Education
shall include a description of the public hearing. | ||||||
| 10 | The description shall
include, but need not be limited to, the | ||||||
| 11 | means of notice, the number of people
in attendance, the number | ||||||
| 12 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
| 13 | brief description of their comments, and whether there were any
| ||||||
| 14 | written statements submitted.
The State Board shall review the | ||||||
| 15 | applications and requests for
completeness and shall compile | ||||||
| 16 | the requests in reports to be filed with the
General Assembly.
| ||||||
| 17 | The State Board shall file
reports outlining the waivers
| ||||||
| 18 | requested by eligible applicants
and appeals by eligible | ||||||
| 19 | applicants of requests
disapproved by the State Board with the | ||||||
| 20 | Senate and the House of
Representatives before each March 1 and
| ||||||
| 21 | October
1. The General Assembly may disapprove the report of | ||||||
| 22 | the State Board in whole
or in part within 60 calendar days | ||||||
| 23 | after each house of the General Assembly
next
convenes after | ||||||
| 24 | the report is filed by adoption of a resolution by a record | ||||||
| 25 | vote
of the majority of members elected in each house. If the | ||||||
| 26 | General Assembly
fails to disapprove any waiver request or | ||||||
| |||||||
| |||||||
| 1 | appealed request within such 60
day period, the waiver or | ||||||
| 2 | modification shall be deemed granted. Any resolution
adopted by | ||||||
| 3 | the General Assembly disapproving a report of the State Board | ||||||
| 4 | in
whole or in part shall be binding on the State Board. | ||||||
| 5 | (e) An approved waiver or modification (except a waiver | ||||||
| 6 | from or modification to a physical education mandate) may | ||||||
| 7 | remain in effect for a period not to
exceed 5 school years and | ||||||
| 8 | may be renewed upon application by the
eligible applicant. | ||||||
| 9 | However, such waiver or modification may be changed within that
| ||||||
| 10 | 5-year period by a board or regional superintendent of schools | ||||||
| 11 | applying on behalf of schools or programs operated by the | ||||||
| 12 | regional office of education following the procedure as set
| ||||||
| 13 | forth in this Section for the initial waiver or modification | ||||||
| 14 | request. If
neither the State Board of Education nor the | ||||||
| 15 | General Assembly disapproves, the
change is deemed granted. | ||||||
| 16 | An approved waiver from or modification to a physical | ||||||
| 17 | education mandate may remain in effect for a period not to | ||||||
| 18 | exceed 2 school years and may be renewed no more than 2 times | ||||||
| 19 | upon application by the eligible applicant. An approved waiver | ||||||
| 20 | from or modification to a physical education mandate may be | ||||||
| 21 | changed within the 2-year period by the board or regional | ||||||
| 22 | superintendent of schools, whichever is applicable, following | ||||||
| 23 | the procedure set forth in this Section for the initial waiver | ||||||
| 24 | or modification request. If neither the State Board of | ||||||
| 25 | Education nor the General Assembly disapproves, the change is | ||||||
| 26 | deemed granted.
| ||||||
| |||||||
| |||||||
| 1 | (f) (Blank). | ||||||
| 2 | (Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14; | ||||||
| 3 | 98-739, eff. 7-16-14; 98-1155, eff. 1-9-15; revised 2-1-15.)
| ||||||
| 4 | (105 ILCS 5/2-3.160) | ||||||
| 5 | (Section scheduled to be repealed on July 1, 2015) | ||||||
| 6 | Sec. 2-3.160. School Security and Standards Task Force. | ||||||
| 7 | (a) The School Security and Standards Task Force is created | ||||||
| 8 | within the State Board of Education to study the security of | ||||||
| 9 | schools in this State, make recommendations, and draft minimum | ||||||
| 10 | standards for use by schools to make them more secure and to | ||||||
| 11 | provide a safer learning environment for the children of this | ||||||
| 12 | State. The Task Force shall consist of all of the following | ||||||
| 13 | members: | ||||||
| 14 | (1) One member of the public who is a parent and one | ||||||
| 15 | member of the Senate, appointed by the President of the | ||||||
| 16 | Senate. | ||||||
| 17 | (2) One member of the public who is a parent and one | ||||||
| 18 | member of the Senate, appointed by the Minority Leader of | ||||||
| 19 | the Senate. | ||||||
| 20 | (3) One member of the public who is a parent and one | ||||||
| 21 | member of the House of Representatives, appointed by the | ||||||
| 22 | Speaker of the House of Representatives. | ||||||
| 23 | (4) One member of the public who is a parent and one | ||||||
| 24 | member of the House of Representatives, appointed by the | ||||||
| 25 | Minority Leader of the House of Representatives. | ||||||
| |||||||
| |||||||
| 1 | (5) A representative from the State Board of Education, | ||||||
| 2 | appointed by the Chairperson of the State Board of | ||||||
| 3 | Education. | ||||||
| 4 | (6) A representative from the Department of State | ||||||
| 5 | Police, appointed by the Director of State Police. | ||||||
| 6 | (7) A representative from an association representing | ||||||
| 7 | Illinois sheriffs, appointed by the Governor. | ||||||
| 8 | (8) A representative from an association representing | ||||||
| 9 | Illinois chiefs of police, appointed by the Governor. | ||||||
| 10 | (9) A representative from an association representing | ||||||
| 11 | Illinois firefighters, appointed by the Governor. | ||||||
| 12 | (10) A representative from an association representing | ||||||
| 13 | Illinois regional superintendents of schools, appointed by | ||||||
| 14 | the Governor. | ||||||
| 15 | (11) A representative from an association representing | ||||||
| 16 | Illinois principals, appointed by the Governor. | ||||||
| 17 | (12) A representative from an association representing | ||||||
| 18 | Illinois school boards, appointed by the Governor. | ||||||
| 19 | (13) A representative from the security consulting | ||||||
| 20 | profession, appointed by the Governor. | ||||||
| 21 | (14) An architect or engineer who specializes in | ||||||
| 22 | security issues, appointed by the Governor. | ||||||
| 23 | Members of the Task Force appointed by the Governor must be | ||||||
| 24 | individuals who have knowledge, experience, and expertise in | ||||||
| 25 | the field of security or who have worked within the school | ||||||
| 26 | system. The appointment of members by the Governor must reflect | ||||||
| |||||||
| |||||||
| 1 | the geographic diversity of this State. | ||||||
| 2 | Members of the Task Force shall serve without compensation | ||||||
| 3 | and shall not be reimbursed for their expenses. | ||||||
| 4 | (b) The Task Force shall meet initially at the call of the | ||||||
| 5 | State Superintendent of Education. At this initial meeting, the | ||||||
| 6 | Task Force shall elect a member as presiding officer of the | ||||||
| 7 | Task Force by a majority vote of the membership of the Task | ||||||
| 8 | Force. Thereafter, the Task Force shall meet at the call of the | ||||||
| 9 | presiding officer. | ||||||
| 10 | (c) The State Board of Education shall provide | ||||||
| 11 | administrative and other support to the Task Force. | ||||||
| 12 | (d) The Task Force shall make recommendations for minimum | ||||||
| 13 | standards for security for the schools in this State. In making | ||||||
| 14 | those recommendations, the Task Force shall do all of the | ||||||
| 15 | following: | ||||||
| 16 | (1) Gather information concerning security in schools | ||||||
| 17 | as it presently exists. | ||||||
| 18 | (2) Receive reports and testimony from individuals, | ||||||
| 19 | school district superintendents, principals, teachers, | ||||||
| 20 | security experts, architects, engineers, and the law | ||||||
| 21 | enforcement community. | ||||||
| 22 | (3) Create minimum standards for securing schools. | ||||||
| 23 | (4) Give consideration to securing the physical | ||||||
| 24 | structures, security staffing recommendations, | ||||||
| 25 | communications, security equipment, alarms, video and | ||||||
| 26 | audio monitoring, school policies, egress and ingress, | ||||||
| |||||||
| |||||||
| 1 | security plans, emergency exits and escape, and any other | ||||||
| 2 | areas of security that the Task Force deems appropriate for | ||||||
| 3 | securing schools. | ||||||
| 4 | (5) Create a model security plan policy. | ||||||
| 5 | (6) Suggest possible funding recommendations for | ||||||
| 6 | schools to access for use in implementing enhanced security | ||||||
| 7 | measures. | ||||||
| 8 | (7) On or before January 1, 2015, submit a report to | ||||||
| 9 | the General Assembly and the Governor on specific | ||||||
| 10 | recommendations for changes to the current law or other | ||||||
| 11 | legislative measures. | ||||||
| 12 | (8) On or before January 1, 2015, submit a report to | ||||||
| 13 | the State Board of Education on specific recommendations | ||||||
| 14 | for model security plan policies for schools to access and | ||||||
| 15 | use as a guideline. This report is exempt from inspection | ||||||
| 16 | and copying under Section 7 of the Freedom of Information | ||||||
| 17 | Act. | ||||||
| 18 | The Task Force's recommendations may include proposals for | ||||||
| 19 | specific statutory changes and methods to foster cooperation | ||||||
| 20 | among State agencies and between this State and local | ||||||
| 21 | government. | ||||||
| 22 | (e) The Task Force is abolished and this Section is | ||||||
| 23 | repealed on July 1, 2015.
| ||||||
| 24 | (Source: P.A. 98-695, eff. 7-3-14.)
| ||||||
| 25 | (105 ILCS 5/2-3.161) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2-3.161 2-3.160. Definition of dyslexia in rules; | ||||||
| 2 | reading instruction advisory group. | ||||||
| 3 | (a) The State Board of Education shall adopt rules that | ||||||
| 4 | incorporate an international definition of dyslexia into Part | ||||||
| 5 | 226 of Title 23 of the Illinois Administrative Code. | ||||||
| 6 | (b) Subject to specific State appropriation or the | ||||||
| 7 | availability of private donations, the State Board of Education | ||||||
| 8 | shall establish an advisory group to develop a training module | ||||||
| 9 | or training modules to provide education and professional | ||||||
| 10 | development to teachers, school administrators, and other | ||||||
| 11 | education professionals regarding multi-sensory, systematic, | ||||||
| 12 | and sequential instruction in reading. This advisory group | ||||||
| 13 | shall complete its work before July 31, 2015 and is abolished | ||||||
| 14 | on July 31, 2015.
| ||||||
| 15 | (Source: P.A. 98-705, eff. 7-14-14; revised 10-14-14.)
| ||||||
| 16 | (105 ILCS 5/2-3.162) | ||||||
| 17 | Sec. 2-3.162 2-3.160. Student discipline report; school | ||||||
| 18 | discipline improvement plan. | ||||||
| 19 | (a) On or before October 31, 2015 and on or before October | ||||||
| 20 | 31 of each subsequent year, the State Board of Education, | ||||||
| 21 | through the State Superintendent of Education, shall prepare a | ||||||
| 22 | report on student discipline in all school districts in this | ||||||
| 23 | State, including State-authorized charter schools. This report | ||||||
| 24 | shall include data from all public schools within school | ||||||
| 25 | districts, including district-authorized charter schools. This | ||||||
| |||||||
| |||||||
| 1 | report must be posted on the Internet website of the State | ||||||
| 2 | Board of Education. The report shall include data on the | ||||||
| 3 | issuance of out-of-school suspensions, expulsions, and | ||||||
| 4 | removals to alternative settings in lieu of another | ||||||
| 5 | disciplinary action, disaggregated by race and ethnicity, | ||||||
| 6 | gender, age, grade level, limited English proficiency, | ||||||
| 7 | incident type, and discipline duration. | ||||||
| 8 | (b) The State Board of Education shall analyze the data | ||||||
| 9 | under subsection (a) of this Section on an annual basis and | ||||||
| 10 | determine the top 20% of school districts for the following | ||||||
| 11 | metrics: | ||||||
| 12 | (1) Total number of out-of-school suspensions divided | ||||||
| 13 | by the total district enrollment by the last school day in | ||||||
| 14 | September for the year in which the data was collected, | ||||||
| 15 | multiplied by 100. | ||||||
| 16 | (2) Total number of out-of-school expulsions divided | ||||||
| 17 | by the total district enrollment by the last school day in | ||||||
| 18 | September for the year in which the data was collected, | ||||||
| 19 | multiplied by 100. | ||||||
| 20 | (3) Racial disproportionality, defined as the | ||||||
| 21 | overrepresentation of students of color or white students | ||||||
| 22 | in comparison to the total number of students of color or | ||||||
| 23 | white students on October 1st of the school year in which | ||||||
| 24 | data are collected, with respect to the use of | ||||||
| 25 | out-of-school suspensions and expulsions, which must be | ||||||
| 26 | calculated using the same method as the U.S. Department of | ||||||
| |||||||
| |||||||
| 1 | Education's Office for Civil Rights uses. | ||||||
| 2 | The analysis must be based on data collected over 3 | ||||||
| 3 | consecutive school years, beginning with the 2014-2015 school | ||||||
| 4 | year. | ||||||
| 5 | Beginning with the 2017-2018 school year, the State Board | ||||||
| 6 | of Education shall require each of the school districts that | ||||||
| 7 | are identified in the top 20% of any of the metrics described | ||||||
| 8 | in this subsection (b) for 3 consecutive years to submit a plan | ||||||
| 9 | identifying the strategies the school district will implement | ||||||
| 10 | to reduce the use of exclusionary disciplinary practices or | ||||||
| 11 | racial disproportionality or both, if applicable. School | ||||||
| 12 | districts that no longer meet the criteria described in any of | ||||||
| 13 | the metrics described in this subsection (b) for 3 consecutive | ||||||
| 14 | years shall no longer be required to submit a plan. | ||||||
| 15 | This plan may be combined with any other improvement plans | ||||||
| 16 | required under federal or State law. | ||||||
| 17 | The calculation of the top 20% of any of the metrics | ||||||
| 18 | described in this subsection (b) shall exclude all school | ||||||
| 19 | districts, State-authorized charter schools, and special | ||||||
| 20 | charter districts that issued fewer than a total of 10 | ||||||
| 21 | out-of-school suspensions or expulsions, whichever is | ||||||
| 22 | applicable, during the school year. The calculation of the top | ||||||
| 23 | 20% of metric described in subdivision (3) of this subsection | ||||||
| 24 | (b) shall exclude all school districts with an enrollment of | ||||||
| 25 | fewer than 50 white students or fewer than 50 students of | ||||||
| 26 | color. | ||||||
| |||||||
| |||||||
| 1 | The plan must be approved at a public school board meeting | ||||||
| 2 | and posted on the school district's Internet website. Within | ||||||
| 3 | one year after being identified, the school district shall | ||||||
| 4 | submit to the State Board of Education and post on the | ||||||
| 5 | district's Internet website a progress report describing the | ||||||
| 6 | implementation of the plan and the results achieved.
| ||||||
| 7 | (Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)
| ||||||
| 8 | (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| ||||||
| 9 | Sec. 3-15.12. High school equivalency testing program.
The | ||||||
| 10 | regional
superintendent of schools shall make available for | ||||||
| 11 | qualified individuals
residing within the region a High School | ||||||
| 12 | Equivalency Testing Program.
For that purpose the regional | ||||||
| 13 | superintendent alone or with other
regional superintendents | ||||||
| 14 | may establish and supervise a testing center or
centers to | ||||||
| 15 | administer the secure forms for high school equivalency testing | ||||||
| 16 | to qualified persons. Such centers
shall be under the | ||||||
| 17 | supervision of the regional superintendent in whose
region such | ||||||
| 18 | centers are located, subject to the approval
of the
Executive | ||||||
| 19 | Director of the Illinois Community College Board.
| ||||||
| 20 | An individual is eligible to apply to the regional | ||||||
| 21 | superintendent of schools
for the region in which he or she
| ||||||
| 22 | resides if he or she is: (a) a person who is 17 years
of age or | ||||||
| 23 | older, has maintained residence in the State of Illinois,
and | ||||||
| 24 | is
not a high school graduate; (b)
a person who is successfully | ||||||
| 25 | completing an
alternative education program under Section | ||||||
| |||||||
| |||||||
| 1 | 2-3.81, Article 13A,
or Article 13B; or (c) a
person who is
| ||||||
| 2 | enrolled in a youth education program sponsored by the Illinois | ||||||
| 3 | National
Guard.
For purposes of this Section, residence is that | ||||||
| 4 | abode which the applicant
considers his or her home. Applicants | ||||||
| 5 | may provide as sufficient proof of such
residence and as an | ||||||
| 6 | acceptable form of identification a driver's license, valid | ||||||
| 7 | passport, military ID, or other form of government-issued | ||||||
| 8 | national or foreign identification that shows the applicant's | ||||||
| 9 | name, address, date of birth, signature, and photograph or | ||||||
| 10 | other acceptable identification as may be allowed by law or as | ||||||
| 11 | regulated by the Illinois Community College Board. Such | ||||||
| 12 | regional superintendent shall determine if the
applicant meets | ||||||
| 13 | statutory and regulatory state standards. If qualified the
| ||||||
| 14 | applicant shall at the time of such application pay a fee | ||||||
| 15 | established by the
Illinois Community College Board, which fee | ||||||
| 16 | shall be paid into a special
fund
under the control and | ||||||
| 17 | supervision of the regional superintendent. Such moneys
| ||||||
| 18 | received by the regional superintendent shall be used, first, | ||||||
| 19 | for the
expenses incurred
in administering and scoring the | ||||||
| 20 | examination, and next for other educational
programs that are | ||||||
| 21 | developed and designed by the regional superintendent of
| ||||||
| 22 | schools to assist those who successfully complete high school | ||||||
| 23 | equivalency testing in furthering their academic development | ||||||
| 24 | or
their ability to secure and retain gainful employment, | ||||||
| 25 | including programs for
the competitive award based on test | ||||||
| 26 | scores of college or adult education
scholarship grants or | ||||||
| |||||||
| |||||||
| 1 | similar educational incentives. Any excess moneys shall
be paid | ||||||
| 2 | into the institute fund.
| ||||||
| 3 | Any applicant who has achieved the minimum passing | ||||||
| 4 | standards as
established by the
Illinois Community College | ||||||
| 5 | Board shall be
notified in writing by the regional | ||||||
| 6 | superintendent and shall be
issued a high school equivalency | ||||||
| 7 | certificate on the forms provided by the
Illinois Community | ||||||
| 8 | College Board. The regional superintendent shall
then certify | ||||||
| 9 | to the Illinois Community College Board
the score of the | ||||||
| 10 | applicant and such other and additional information
that may be | ||||||
| 11 | required by the Illinois Community College Board. The
moneys | ||||||
| 12 | received therefrom shall be used in the same manner as provided
| ||||||
| 13 | for in this Section.
| ||||||
| 14 | Any applicant who has attained the age of 17 years and | ||||||
| 15 | maintained
residence in the State of Illinois and is not a high | ||||||
| 16 | school graduate, any person who has enrolled in a youth | ||||||
| 17 | education program sponsored by the Illinois National Guard, or | ||||||
| 18 | any person who has successfully completed
an
alternative | ||||||
| 19 | education program under Section 2-3.81,
Article 13A, or Article | ||||||
| 20 | 13B is eligible to apply for a high school equivalency
| ||||||
| 21 | certificate (if he or she meets the requirements prescribed by | ||||||
| 22 | the Illinois Community College Board) upon showing evidence | ||||||
| 23 | that he or she has completed, successfully, high school | ||||||
| 24 | equivalency testing, administered by the United
States Armed | ||||||
| 25 | Forces Institute, official high school equivalency testing | ||||||
| 26 | centers established in other
states, Veterans' Administration | ||||||
| |||||||
| |||||||
| 1 | Hospitals, or the office of the State
Superintendent of | ||||||
| 2 | Education for the Illinois State Penitentiary
System and the | ||||||
| 3 | Department of Corrections. Such applicant shall apply to the
| ||||||
| 4 | regional superintendent of the region wherein he or she has | ||||||
| 5 | maintained residence, and,
upon payment of a fee established by | ||||||
| 6 | the Illinois Community College Board,
the regional | ||||||
| 7 | superintendent shall issue a high school
equivalency | ||||||
| 8 | certificate and immediately thereafter certify to the Illinois | ||||||
| 9 | Community College Board the score of the applicant and such | ||||||
| 10 | other and
additional information as may be required by the | ||||||
| 11 | Illinois Community College Board.
| ||||||
| 12 | Notwithstanding the provisions of this Section, any | ||||||
| 13 | applicant who has
been out of school for at least one year may | ||||||
| 14 | request the regional
superintendent of schools to administer | ||||||
| 15 | restricted high school equivalency testing upon
written | ||||||
| 16 | request of: the director of a program who certifies to the | ||||||
| 17 | Chief
Examiner of an official high school equivalency testing | ||||||
| 18 | center that the applicant has completed a
program of | ||||||
| 19 | instruction provided by such agencies as the Job Corps, the
| ||||||
| 20 | Postal Service Academy, or an apprenticeship training program; | ||||||
| 21 | an employer
or program director for purposes of entry into | ||||||
| 22 | apprenticeship programs;
another state's department of | ||||||
| 23 | education in order to meet regulations
established by that | ||||||
| 24 | department of education; or a post high school
educational | ||||||
| 25 | institution for purposes of admission, the Department of | ||||||
| 26 | Financial and
Professional Regulation for licensing purposes, | ||||||
| |||||||
| |||||||
| 1 | or the Armed Forces
for induction purposes. The regional | ||||||
| 2 | superintendent shall administer
such testing, and the | ||||||
| 3 | applicant shall be notified in writing that he or she is
| ||||||
| 4 | eligible to receive a high school equivalency certificate
upon | ||||||
| 5 | reaching age 17, provided he or she meets the standards | ||||||
| 6 | established by the Illinois Community College Board.
| ||||||
| 7 | Any test administered under this Section to an applicant | ||||||
| 8 | who does not
speak and understand English may at the discretion | ||||||
| 9 | of the administering
agency be given and answered in any | ||||||
| 10 | language in which the test is
printed. The regional | ||||||
| 11 | superintendent of schools may waive any fees required
by this | ||||||
| 12 | Section in case of hardship.
| ||||||
| 13 | In counties of over 3,000,000 population, a high school | ||||||
| 14 | equivalency certificate
shall contain the signatures of the | ||||||
| 15 | Executive Director of the Illinois Community College Board and ; | ||||||
| 16 | the superintendent, president, or other chief
executive | ||||||
| 17 | officer of the institution where high school equivalency | ||||||
| 18 | testing instruction occurred,; and any
other signatures | ||||||
| 19 | authorized by the Illinois Community College Board.
| ||||||
| 20 | The regional superintendent of schools shall furnish the | ||||||
| 21 | Illinois
Community College Board with any information that the | ||||||
| 22 | Illinois
Community College Board requests with regard to | ||||||
| 23 | testing and certificates under this
Section.
| ||||||
| 24 | (Source: P.A. 98-718, eff. 1-1-15; 98-719, eff. 1-1-15; revised | ||||||
| 25 | 10-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||||||
| 2 | Sec. 14-7.02. Children attending private schools, public
| ||||||
| 3 | out-of-state schools, public school residential facilities or | ||||||
| 4 | private
special education facilities. The General Assembly | ||||||
| 5 | recognizes that non-public
schools or special education | ||||||
| 6 | facilities provide an important service in the
educational | ||||||
| 7 | system in Illinois.
| ||||||
| 8 | If because of his or her disability the special education
| ||||||
| 9 | program of a district is unable to meet the needs of a child | ||||||
| 10 | and the
child attends a non-public school or special education | ||||||
| 11 | facility, a
public out-of-state school or a special education | ||||||
| 12 | facility owned and
operated by a county government unit that | ||||||
| 13 | provides special educational
services required by the child and | ||||||
| 14 | is in compliance with the appropriate
rules and regulations of | ||||||
| 15 | the State Superintendent of Education, the
school district in | ||||||
| 16 | which the child is a resident shall pay the actual
cost of | ||||||
| 17 | tuition for special education and related services provided
| ||||||
| 18 | during the regular school term and during the summer school | ||||||
| 19 | term if the
child's educational needs so require, excluding | ||||||
| 20 | room, board and
transportation costs charged the child by that | ||||||
| 21 | non-public school or
special education facility, public | ||||||
| 22 | out-of-state school or county special
education facility, or | ||||||
| 23 | $4,500 per year, whichever is less, and shall
provide him any | ||||||
| 24 | necessary transportation. "Nonpublic special
education | ||||||
| 25 | facility" shall include a residential facility,
within or | ||||||
| 26 | without the State of Illinois, which provides
special education | ||||||
| |||||||
| |||||||
| 1 | and related services to meet the needs of the child by
| ||||||
| 2 | utilizing private schools or public schools, whether located on | ||||||
| 3 | the site
or off the site of the residential facility.
| ||||||
| 4 | The State Board of Education shall promulgate rules and | ||||||
| 5 | regulations
for determining when placement in a private special | ||||||
| 6 | education facility
is appropriate. Such rules and regulations | ||||||
| 7 | shall take into account
the various types of services needed by | ||||||
| 8 | a child and the availability
of such services to the particular | ||||||
| 9 | child in the public school.
In developing these rules and | ||||||
| 10 | regulations the State Board of
Education shall consult with the | ||||||
| 11 | Advisory Council on
Education of Children with Disabilities and | ||||||
| 12 | hold public
hearings to secure recommendations from parents, | ||||||
| 13 | school personnel,
and others concerned about this matter.
| ||||||
| 14 | The State Board of Education shall also promulgate rules | ||||||
| 15 | and
regulations for transportation to and from a residential | ||||||
| 16 | school.
Transportation to and from home to a residential school | ||||||
| 17 | more than once
each school term shall be subject to prior | ||||||
| 18 | approval by the State
Superintendent in accordance with the | ||||||
| 19 | rules and regulations of the State
Board.
| ||||||
| 20 | A school district making tuition payments pursuant to this
| ||||||
| 21 | Section is eligible for reimbursement from the State for the | ||||||
| 22 | amount of
such payments actually made in excess of the district | ||||||
| 23 | per capita tuition
charge for students not receiving special | ||||||
| 24 | education services.
Such reimbursement shall be approved in | ||||||
| 25 | accordance with Section 14-12.01
and each district shall file | ||||||
| 26 | its claims, computed in accordance with rules
prescribed by the | ||||||
| |||||||
| |||||||
| 1 | State Board of Education, on forms prescribed by the
State | ||||||
| 2 | Superintendent of Education. Data used as a basis of | ||||||
| 3 | reimbursement
claims shall be for the preceding regular school | ||||||
| 4 | term and summer school
term. Each school district shall | ||||||
| 5 | transmit its claims to the State Board of Education
on or | ||||||
| 6 | before
August 15. The State Board of Education, before | ||||||
| 7 | approving any such claims,
shall determine their accuracy and | ||||||
| 8 | whether they are based upon services
and facilities provided | ||||||
| 9 | under approved programs. Upon approval the State
Board shall | ||||||
| 10 | cause vouchers to be prepared showing the amount due
for | ||||||
| 11 | payment of reimbursement claims to school
districts, for | ||||||
| 12 | transmittal to the State Comptroller on
the 30th day of | ||||||
| 13 | September, December, and March, respectively, and the final
| ||||||
| 14 | voucher, no later than June 20. If the
money appropriated by | ||||||
| 15 | the General Assembly for such purpose for any year
is | ||||||
| 16 | insufficient, it shall be apportioned on the basis of the | ||||||
| 17 | claims approved.
| ||||||
| 18 | No child shall be placed in a special education program | ||||||
| 19 | pursuant to
this Section if the tuition cost for special | ||||||
| 20 | education and related
services increases more than 10 percent | ||||||
| 21 | over the tuition cost for the
previous school year or exceeds | ||||||
| 22 | $4,500 per year unless such costs have
been approved by the | ||||||
| 23 | Illinois Purchased Care Review Board. The
Illinois Purchased | ||||||
| 24 | Care Review Board shall consist of the following
persons, or | ||||||
| 25 | their designees: the Directors of Children and Family
Services, | ||||||
| 26 | Public Health,
Public Aid, and the
Governor's Office of | ||||||
| |||||||
| |||||||
| 1 | Management and Budget; the
Secretary of Human Services; the | ||||||
| 2 | State Superintendent of Education; and such
other persons as | ||||||
| 3 | the
Governor may designate. The Review Board shall also consist | ||||||
| 4 | of one non-voting member who is an administrator of a
private, | ||||||
| 5 | nonpublic, special education school. The Review Board shall | ||||||
| 6 | establish rules and
regulations for its determination of | ||||||
| 7 | allowable costs and payments made by
local school districts for | ||||||
| 8 | special education, room and board, and other related
services | ||||||
| 9 | provided by non-public schools or special education facilities | ||||||
| 10 | and
shall establish uniform standards and criteria which it | ||||||
| 11 | shall follow. The Review Board shall approve the usual and | ||||||
| 12 | customary rate or rates of a special education program that (i) | ||||||
| 13 | is offered by an out-of-state, non-public provider of | ||||||
| 14 | integrated autism specific educational and autism specific | ||||||
| 15 | residential services, (ii) offers 2 or more levels of | ||||||
| 16 | residential care, including at least one locked facility, and | ||||||
| 17 | (iii) serves 12 or fewer Illinois students.
| ||||||
| 18 | The Review Board shall establish uniform definitions and | ||||||
| 19 | criteria for
accounting separately by special education, room | ||||||
| 20 | and board and other
related services costs. The Board shall | ||||||
| 21 | also establish guidelines for
the coordination of services and | ||||||
| 22 | financial assistance provided by all
State agencies to assure | ||||||
| 23 | that no otherwise qualified disabled child
receiving services | ||||||
| 24 | under Article 14 shall be excluded from participation
in, be | ||||||
| 25 | denied the benefits of or be subjected to discrimination under
| ||||||
| 26 | any program or activity provided by any State agency.
| ||||||
| |||||||
| |||||||
| 1 | The Review Board shall review the costs for special | ||||||
| 2 | education and
related services provided by non-public schools | ||||||
| 3 | or special education
facilities and shall approve or disapprove | ||||||
| 4 | such facilities in accordance
with the rules and regulations | ||||||
| 5 | established by it with respect to
allowable costs.
| ||||||
| 6 | The State Board of Education shall provide administrative | ||||||
| 7 | and staff support
for the Review Board as deemed reasonable by | ||||||
| 8 | the State Superintendent of
Education. This support shall not | ||||||
| 9 | include travel expenses or other
compensation for any Review | ||||||
| 10 | Board member other than the State Superintendent of
Education.
| ||||||
| 11 | The Review Board shall seek the advice of the Advisory | ||||||
| 12 | Council on
Education of Children with Disabilities on the rules | ||||||
| 13 | and
regulations to be
promulgated by it relative to providing | ||||||
| 14 | special education services.
| ||||||
| 15 | If a child has been placed in a program in which the actual | ||||||
| 16 | per pupil costs
of tuition for special education and related | ||||||
| 17 | services based on program
enrollment, excluding room, board and | ||||||
| 18 | transportation costs, exceed $4,500 and
such costs have been | ||||||
| 19 | approved by the Review Board, the district shall pay such
total | ||||||
| 20 | costs which exceed $4,500. A district making such tuition | ||||||
| 21 | payments in
excess of $4,500 pursuant to this Section shall be | ||||||
| 22 | responsible for an amount in
excess of $4,500 equal to the | ||||||
| 23 | district per capita
tuition charge and shall be eligible for | ||||||
| 24 | reimbursement from the State for
the amount of such payments | ||||||
| 25 | actually made in excess of the districts per capita
tuition | ||||||
| 26 | charge for students not receiving special education services.
| ||||||
| |||||||
| |||||||
| 1 | If a child has been placed in an approved individual | ||||||
| 2 | program and the
tuition costs including room and board costs | ||||||
| 3 | have been approved by the
Review Board, then such room and | ||||||
| 4 | board costs shall be paid by the
appropriate State agency | ||||||
| 5 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
| 6 | and board costs not provided by a State agency other
than the | ||||||
| 7 | State Board of Education shall be provided by the State Board
| ||||||
| 8 | of Education on a current basis. In no event, however, shall | ||||||
| 9 | the
State's liability for funding of these tuition costs begin | ||||||
| 10 | until after
the legal obligations of third party payors have | ||||||
| 11 | been subtracted from
such costs. If the money appropriated by | ||||||
| 12 | the General Assembly for such
purpose for any year is | ||||||
| 13 | insufficient, it shall be apportioned on the
basis of the | ||||||
| 14 | claims approved. Each district shall submit estimated claims to | ||||||
| 15 | the State
Superintendent of Education. Upon approval of such | ||||||
| 16 | claims, the State
Superintendent of Education shall direct the | ||||||
| 17 | State Comptroller to make payments
on a monthly basis. The | ||||||
| 18 | frequency for submitting estimated
claims and the method of | ||||||
| 19 | determining payment shall be prescribed in rules
and | ||||||
| 20 | regulations adopted by the State Board of Education. Such | ||||||
| 21 | current state
reimbursement shall be reduced by an amount equal | ||||||
| 22 | to the proceeds which
the child or child's parents are eligible | ||||||
| 23 | to receive under any public or
private insurance or assistance | ||||||
| 24 | program. Nothing in this Section shall
be construed as | ||||||
| 25 | relieving an insurer or similar third party from an
otherwise | ||||||
| 26 | valid obligation to provide or to pay for services provided to
| ||||||
| |||||||
| |||||||
| 1 | a disabled child.
| ||||||
| 2 | If it otherwise qualifies, a school district is eligible | ||||||
| 3 | for the
transportation reimbursement under Section 14-13.01 | ||||||
| 4 | and for the
reimbursement of tuition payments under this | ||||||
| 5 | Section whether the
non-public school or special education | ||||||
| 6 | facility, public out-of-state
school or county special | ||||||
| 7 | education facility, attended by a child who
resides in that | ||||||
| 8 | district and requires special educational services, is
within | ||||||
| 9 | or outside of the State of Illinois. However, a district is not
| ||||||
| 10 | eligible to claim transportation reimbursement under this | ||||||
| 11 | Section unless
the district certifies to the State | ||||||
| 12 | Superintendent of Education that the
district is unable to | ||||||
| 13 | provide special educational services required by
the child for | ||||||
| 14 | the current school year.
| ||||||
| 15 | Nothing in this Section authorizes the reimbursement of a | ||||||
| 16 | school
district for the amount paid for tuition of a child | ||||||
| 17 | attending a
non-public school or special education facility, | ||||||
| 18 | public out-of-state
school or county special education | ||||||
| 19 | facility unless the school district
certifies to the State | ||||||
| 20 | Superintendent of Education that the special
education program | ||||||
| 21 | of that district is unable to meet the needs of that child
| ||||||
| 22 | because of his disability and the State Superintendent of | ||||||
| 23 | Education finds
that the school district is in substantial | ||||||
| 24 | compliance with Section 14-4.01. However, if a child is | ||||||
| 25 | unilaterally placed by a State agency or any court in a | ||||||
| 26 | non-public school or special education facility, public | ||||||
| |||||||
| |||||||
| 1 | out-of-state school, or county special education facility, a | ||||||
| 2 | school district shall not be required to certify to the State | ||||||
| 3 | Superintendent of Education, for the purpose of tuition | ||||||
| 4 | reimbursement, that the special education program of that | ||||||
| 5 | district is unable to meet the needs of a child because of his | ||||||
| 6 | or her disability.
| ||||||
| 7 | Any educational or related services provided, pursuant to | ||||||
| 8 | this
Section in a non-public school or special education | ||||||
| 9 | facility or a
special education facility owned and operated by | ||||||
| 10 | a county government
unit shall be at no cost to the parent or | ||||||
| 11 | guardian of the child.
However, current law and practices | ||||||
| 12 | relative to contributions by parents
or guardians for costs | ||||||
| 13 | other than educational or related services are
not affected by | ||||||
| 14 | this amendatory Act of 1978.
| ||||||
| 15 | Reimbursement for children attending public school | ||||||
| 16 | residential facilities
shall be made in accordance with the | ||||||
| 17 | provisions of this Section.
| ||||||
| 18 | Notwithstanding any other provision of law, any school | ||||||
| 19 | district
receiving a payment under this Section or under | ||||||
| 20 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
| 21 | all or a portion of the funds that
it receives in a particular | ||||||
| 22 | fiscal year or from general State aid pursuant
to Section | ||||||
| 23 | 18-8.05 of this Code
as funds received in connection with any | ||||||
| 24 | funding program for which
it is entitled to receive funds from | ||||||
| 25 | the State in that fiscal year (including,
without limitation, | ||||||
| 26 | any funding program referenced in this Section),
regardless of | ||||||
| |||||||
| |||||||
| 1 | the source or timing of the receipt. The district may not
| ||||||
| 2 | classify more funds as funds received in connection with the | ||||||
| 3 | funding
program than the district is entitled to receive in | ||||||
| 4 | that fiscal year for that
program. Any
classification by a | ||||||
| 5 | district must be made by a resolution of its board of
| ||||||
| 6 | education. The resolution must identify the amount of any | ||||||
| 7 | payments or
general State aid to be classified under this | ||||||
| 8 | paragraph and must specify
the funding program to which the | ||||||
| 9 | funds are to be treated as received in
connection therewith. | ||||||
| 10 | This resolution is controlling as to the
classification of | ||||||
| 11 | funds referenced therein. A certified copy of the
resolution | ||||||
| 12 | must be sent to the State Superintendent of Education.
The | ||||||
| 13 | resolution shall still take effect even though a copy of the | ||||||
| 14 | resolution has
not been sent to the State
Superintendent of | ||||||
| 15 | Education in a timely manner.
No
classification under this | ||||||
| 16 | paragraph by a district shall affect the total amount
or timing | ||||||
| 17 | of money the district is entitled to receive under this Code.
| ||||||
| 18 | No classification under this paragraph by a district shall
in | ||||||
| 19 | any way relieve the district from or affect any
requirements | ||||||
| 20 | that otherwise would apply with respect to
that funding | ||||||
| 21 | program, including any
accounting of funds by source, reporting | ||||||
| 22 | expenditures by
original source and purpose,
reporting | ||||||
| 23 | requirements,
or requirements of providing services.
| ||||||
| 24 | (Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; | ||||||
| 25 | revised 10-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/19-1)
| ||||||
| 2 | Sec. 19-1. Debt limitations of school districts.
| ||||||
| 3 | (a) School districts shall not be subject to the provisions | ||||||
| 4 | limiting their
indebtedness prescribed in "An Act to limit the | ||||||
| 5 | indebtedness of counties having
a population of less than | ||||||
| 6 | 500,000 and townships, school districts and other
municipal | ||||||
| 7 | corporations having a population of less than 300,000", | ||||||
| 8 | approved
February 15, 1928, as amended.
| ||||||
| 9 | No school districts maintaining grades K through 8 or 9 | ||||||
| 10 | through 12
shall become indebted in any manner or for any | ||||||
| 11 | purpose to an amount,
including existing indebtedness, in the | ||||||
| 12 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
| 13 | therein to be ascertained by the last assessment
for State and | ||||||
| 14 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
| 15 | that
is produced by multiplying the school district's 1978 | ||||||
| 16 | equalized assessed
valuation by the debt limitation percentage | ||||||
| 17 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
| 18 | indebtedness.
| ||||||
| 19 | No school districts maintaining grades K through 12 shall | ||||||
| 20 | become
indebted in any manner or for any purpose to an amount, | ||||||
| 21 | including
existing indebtedness, in the aggregate exceeding | ||||||
| 22 | 13.8% on the value of
the taxable property therein to be | ||||||
| 23 | ascertained by the last assessment
for State and county taxes | ||||||
| 24 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
| 25 | by multiplying the school district's 1978 equalized assessed
| ||||||
| 26 | valuation by the debt limitation percentage in effect on | ||||||
| |||||||
| |||||||
| 1 | January 1, 1979,
previous to the incurring of such | ||||||
| 2 | indebtedness.
| ||||||
| 3 | No partial elementary unit district, as defined in Article | ||||||
| 4 | 11E of this Code, shall become indebted in any manner or for | ||||||
| 5 | any purpose in an amount, including existing indebtedness, in | ||||||
| 6 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
| 7 | property of the entire district, to be ascertained by the last | ||||||
| 8 | assessment for State and county taxes, plus an amount, | ||||||
| 9 | including existing indebtedness, in the aggregate exceeding | ||||||
| 10 | 6.9% of the value of the taxable property of that portion of | ||||||
| 11 | the district included in the elementary and high school | ||||||
| 12 | classification, to be ascertained by the last assessment for | ||||||
| 13 | State and county taxes. Moreover, no partial elementary unit | ||||||
| 14 | district, as defined in Article 11E of this Code, shall become | ||||||
| 15 | indebted on account of bonds issued by the district for high | ||||||
| 16 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
| 17 | the taxable property of the entire district, to be ascertained | ||||||
| 18 | by the last assessment for State and county taxes, nor shall | ||||||
| 19 | the district become indebted on account of bonds issued by the | ||||||
| 20 | district for elementary purposes in the aggregate exceeding | ||||||
| 21 | 6.9% of the value of the taxable property for that portion of | ||||||
| 22 | the district included in the elementary and high school | ||||||
| 23 | classification, to be ascertained by the last assessment for | ||||||
| 24 | State and county taxes.
| ||||||
| 25 | Notwithstanding the provisions of any other law to the | ||||||
| 26 | contrary, in any
case in which the voters of a school district | ||||||
| |||||||
| |||||||
| 1 | have approved a proposition
for the issuance of bonds of such | ||||||
| 2 | school district at an election held prior
to January 1, 1979, | ||||||
| 3 | and all of the bonds approved at such election have
not been | ||||||
| 4 | issued, the debt limitation applicable to such school district
| ||||||
| 5 | during the calendar year 1979 shall be computed by multiplying | ||||||
| 6 | the value
of taxable property therein, including personal | ||||||
| 7 | property, as ascertained
by the last assessment for State and | ||||||
| 8 | county taxes, previous to the incurring
of such indebtedness, | ||||||
| 9 | by the percentage limitation applicable to such school
district | ||||||
| 10 | under the provisions of this subsection (a).
| ||||||
| 11 | (b) Notwithstanding the debt limitation prescribed in | ||||||
| 12 | subsection (a)
of this Section, additional indebtedness may be | ||||||
| 13 | incurred in an amount
not to exceed the estimated cost of | ||||||
| 14 | acquiring or improving school sites
or constructing and | ||||||
| 15 | equipping additional building facilities under the
following | ||||||
| 16 | conditions:
| ||||||
| 17 | (1) Whenever the enrollment of students for the next | ||||||
| 18 | school year is
estimated by the board of education to | ||||||
| 19 | increase over the actual present
enrollment by not less | ||||||
| 20 | than 35% or by not less than 200 students or the
actual | ||||||
| 21 | present enrollment of students has increased over the | ||||||
| 22 | previous
school year by not less than 35% or by not less | ||||||
| 23 | than 200 students and
the board of education determines | ||||||
| 24 | that additional school sites or
building facilities are | ||||||
| 25 | required as a result of such increase in
enrollment; and
| ||||||
| 26 | (2) When the Regional Superintendent of Schools having | ||||||
| |||||||
| |||||||
| 1 | jurisdiction
over the school district and the State | ||||||
| 2 | Superintendent of Education
concur in such enrollment | ||||||
| 3 | projection or increase and approve the need
for such | ||||||
| 4 | additional school sites or building facilities and the
| ||||||
| 5 | estimated cost thereof; and
| ||||||
| 6 | (3) When the voters in the school district approve a | ||||||
| 7 | proposition for
the issuance of bonds for the purpose of | ||||||
| 8 | acquiring or improving such
needed school sites or | ||||||
| 9 | constructing and equipping such needed additional
building | ||||||
| 10 | facilities at an election called and held for that purpose.
| ||||||
| 11 | Notice of such an election shall state that the amount of | ||||||
| 12 | indebtedness
proposed to be incurred would exceed the debt | ||||||
| 13 | limitation otherwise
applicable to the school district. | ||||||
| 14 | The ballot for such proposition
shall state what percentage | ||||||
| 15 | of the equalized assessed valuation will be
outstanding in | ||||||
| 16 | bonds if the proposed issuance of bonds is approved by
the | ||||||
| 17 | voters; or
| ||||||
| 18 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
| 19 | through (3) of
this subsection (b), if the school board | ||||||
| 20 | determines that additional
facilities are needed to | ||||||
| 21 | provide a quality educational program and not
less than 2/3 | ||||||
| 22 | of those voting in an election called by the school board
| ||||||
| 23 | on the question approve the issuance of bonds for the | ||||||
| 24 | construction of
such facilities, the school district may | ||||||
| 25 | issue bonds for this
purpose; or
| ||||||
| 26 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
| |||||||
| |||||||
| 1 | through (3) of this
subsection (b), if (i) the school | ||||||
| 2 | district has previously availed itself of the
provisions of | ||||||
| 3 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
| 4 | bonds,
(ii) the voters of the school district have not | ||||||
| 5 | defeated a proposition for the
issuance of bonds since the | ||||||
| 6 | referendum described in paragraph (4) of this
subsection | ||||||
| 7 | (b) was held, (iii) the school board determines that | ||||||
| 8 | additional
facilities are needed to provide a quality | ||||||
| 9 | educational program, and (iv) a
majority of those voting in | ||||||
| 10 | an election called by the school board on the
question | ||||||
| 11 | approve the issuance of bonds for the construction of such | ||||||
| 12 | facilities,
the school district may issue bonds for this | ||||||
| 13 | purpose.
| ||||||
| 14 | In no event shall the indebtedness incurred pursuant to | ||||||
| 15 | this
subsection (b) and the existing indebtedness of the school | ||||||
| 16 | district
exceed 15% of the value of the taxable property | ||||||
| 17 | therein to be
ascertained by the last assessment for State and | ||||||
| 18 | county taxes, previous
to the incurring of such indebtedness | ||||||
| 19 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
| 20 | by multiplying the school district's 1978 equalized
assessed | ||||||
| 21 | valuation by the debt limitation percentage in effect on | ||||||
| 22 | January 1,
1979.
| ||||||
| 23 | The indebtedness provided for by this subsection (b) shall | ||||||
| 24 | be in
addition to and in excess of any other debt limitation.
| ||||||
| 25 | (c) Notwithstanding the debt limitation prescribed in | ||||||
| 26 | subsection (a)
of this Section, in any case in which a public | ||||||
| |||||||
| |||||||
| 1 | question for the issuance
of bonds of a proposed school | ||||||
| 2 | district maintaining grades kindergarten
through 12 received | ||||||
| 3 | at least 60% of the valid ballots cast on the question at
an | ||||||
| 4 | election held on or prior to November 8, 1994, and in which the | ||||||
| 5 | bonds
approved at such election have not been issued, the | ||||||
| 6 | school district pursuant to
the requirements of Section 11A-10 | ||||||
| 7 | (now repealed) may issue the total amount of bonds approved
at | ||||||
| 8 | such election for the purpose stated in the question.
| ||||||
| 9 | (d) Notwithstanding the debt limitation prescribed in | ||||||
| 10 | subsection (a)
of this Section, a school district that meets | ||||||
| 11 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
| 12 | subsection (d) may incur an additional
indebtedness in an | ||||||
| 13 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
| 14 | additional indebtedness authorized by this subsection (d), | ||||||
| 15 | when incurred
and added to the aggregate amount of indebtedness | ||||||
| 16 | of the district existing
immediately prior to the district | ||||||
| 17 | incurring the additional indebtedness
authorized by this | ||||||
| 18 | subsection (d), causes the aggregate indebtedness of the
| ||||||
| 19 | district to exceed the debt limitation otherwise applicable to | ||||||
| 20 | that district
under subsection (a):
| ||||||
| 21 | (1) The additional indebtedness authorized by this | ||||||
| 22 | subsection (d) is
incurred by the school district through | ||||||
| 23 | the issuance of bonds under and in
accordance with Section | ||||||
| 24 | 17-2.11a for the purpose of replacing a school
building | ||||||
| 25 | which, because of mine subsidence damage, has been closed | ||||||
| 26 | as provided
in paragraph (2) of this subsection (d) or | ||||||
| |||||||
| |||||||
| 1 | through the issuance of bonds under
and in accordance with | ||||||
| 2 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
| 3 | providing for additional functions in, such replacement | ||||||
| 4 | school buildings, or
both such purposes.
| ||||||
| 5 | (2) The bonds issued by the school district as provided | ||||||
| 6 | in paragraph (1)
above are issued for the purposes of | ||||||
| 7 | construction by the school district of
a new school | ||||||
| 8 | building pursuant to Section 17-2.11, to replace an | ||||||
| 9 | existing
school building that, because of mine subsidence | ||||||
| 10 | damage, is closed as of the
end of the 1992-93 school year | ||||||
| 11 | pursuant to action of the regional
superintendent of | ||||||
| 12 | schools of the educational service region in which the
| ||||||
| 13 | district is located under Section 3-14.22 or are issued for | ||||||
| 14 | the purpose of
increasing the size of, or providing for | ||||||
| 15 | additional functions in, the new
school building being | ||||||
| 16 | constructed to replace a school building closed as the
| ||||||
| 17 | result of mine subsidence damage, or both such purposes.
| ||||||
| 18 | (e) (Blank).
| ||||||
| 19 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
| 20 | this Section or of
any other law, bonds in not to exceed the | ||||||
| 21 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
| 22 | meeting the following criteria shall not be
considered | ||||||
| 23 | indebtedness for purposes of any statutory limitation and may | ||||||
| 24 | be
issued in an amount or amounts, including existing | ||||||
| 25 | indebtedness, in excess of
any heretofore or hereafter imposed | ||||||
| 26 | statutory limitation as to indebtedness:
| ||||||
| |||||||
| |||||||
| 1 | (1) At the time of the sale of such bonds, the board of | ||||||
| 2 | education of the
district shall have determined by | ||||||
| 3 | resolution that the enrollment of students in
the district | ||||||
| 4 | is projected to increase by not less than 7% during each of | ||||||
| 5 | the
next succeeding 2 school years.
| ||||||
| 6 | (2) The board of education shall also determine by | ||||||
| 7 | resolution that the
improvements to be financed with the | ||||||
| 8 | proceeds of the bonds are needed because
of the projected | ||||||
| 9 | enrollment increases.
| ||||||
| 10 | (3) The board of education shall also determine by | ||||||
| 11 | resolution that the
projected increases in enrollment are | ||||||
| 12 | the result of improvements made or
expected to be made to | ||||||
| 13 | passenger rail facilities located in the school
district.
| ||||||
| 14 | Notwithstanding the provisions of subsection (a) of this | ||||||
| 15 | Section or of any other law, a school district that has availed | ||||||
| 16 | itself of the provisions of this subsection (f) prior to July | ||||||
| 17 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
| 18 | issue bonds approved by referendum up to an amount, including | ||||||
| 19 | existing indebtedness, not exceeding 25% of the equalized | ||||||
| 20 | assessed value of the taxable property in the district if all | ||||||
| 21 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
| 22 | subsection (f) are met.
| ||||||
| 23 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
| 24 | this Section or any
other law, bonds in not to exceed an | ||||||
| 25 | aggregate amount of 25% of the equalized
assessed value of the | ||||||
| 26 | taxable property of a school district and issued by a
school | ||||||
| |||||||
| |||||||
| 1 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
| 2 | this
subsection shall not be considered indebtedness for | ||||||
| 3 | purposes of any statutory
limitation and may be issued pursuant | ||||||
| 4 | to resolution of the school board in an
amount or amounts, | ||||||
| 5 | including existing indebtedness, in
excess of any statutory | ||||||
| 6 | limitation of indebtedness heretofore or hereafter
imposed:
| ||||||
| 7 | (i) The bonds are issued for the purpose of | ||||||
| 8 | constructing a new high school
building to replace two | ||||||
| 9 | adjacent existing buildings which together house a
single | ||||||
| 10 | high school, each of which is more than 65 years old, and | ||||||
| 11 | which together
are located on more than 10 acres and less | ||||||
| 12 | than 11 acres of property.
| ||||||
| 13 | (ii) At the time the resolution authorizing the | ||||||
| 14 | issuance of the bonds is
adopted, the cost of constructing | ||||||
| 15 | a new school building to replace the existing
school | ||||||
| 16 | building is less than 60% of the cost of repairing the | ||||||
| 17 | existing school
building.
| ||||||
| 18 | (iii) The sale of the bonds occurs before July 1, 1997.
| ||||||
| 19 | (iv) The school district issuing the bonds is a unit | ||||||
| 20 | school district
located in a county of less than 70,000 and | ||||||
| 21 | more than 50,000 inhabitants,
which has an average daily | ||||||
| 22 | attendance of less than 1,500 and an equalized
assessed | ||||||
| 23 | valuation of less than $29,000,000.
| ||||||
| 24 | (h) Notwithstanding any other provisions of this Section or | ||||||
| 25 | the
provisions of any other law, until January 1, 1998, a | ||||||
| 26 | community unit school
district maintaining grades K through 12 | ||||||
| |||||||
| |||||||
| 1 | may issue bonds up to an amount,
including existing | ||||||
| 2 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
| 3 | value of the taxable property in the district, if all of the | ||||||
| 4 | following
conditions are met:
| ||||||
| 5 | (i) The school district has an equalized assessed | ||||||
| 6 | valuation for calendar
year 1995 of less than $24,000,000;
| ||||||
| 7 | (ii) The bonds are issued for the capital improvement, | ||||||
| 8 | renovation,
rehabilitation, or replacement of existing | ||||||
| 9 | school buildings of the district,
all of which buildings | ||||||
| 10 | were originally constructed not less than 40 years ago;
| ||||||
| 11 | (iii) The voters of the district approve a proposition | ||||||
| 12 | for the issuance of
the bonds at a referendum held after | ||||||
| 13 | March 19, 1996; and
| ||||||
| 14 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 15 | through 19-7 of this
Code.
| ||||||
| 16 | (i) Notwithstanding any other provisions of this Section or | ||||||
| 17 | the provisions
of any other law, until January 1, 1998, a | ||||||
| 18 | community unit school district
maintaining grades K through 12 | ||||||
| 19 | may issue bonds up to an amount, including
existing | ||||||
| 20 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
| 21 | of the
taxable property in the district, if all of the | ||||||
| 22 | following conditions are met:
| ||||||
| 23 | (i) The school district has an equalized assessed | ||||||
| 24 | valuation for calendar
year 1995 of less than $44,600,000;
| ||||||
| 25 | (ii) The bonds are issued for the capital improvement, | ||||||
| 26 | renovation,
rehabilitation, or replacement
of existing | ||||||
| |||||||
| |||||||
| 1 | school buildings of the district, all of which
existing | ||||||
| 2 | buildings were originally constructed not less than 80 | ||||||
| 3 | years ago;
| ||||||
| 4 | (iii) The voters of the district approve a proposition | ||||||
| 5 | for the issuance of
the bonds at a referendum held after | ||||||
| 6 | December 31, 1996; and
| ||||||
| 7 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 8 | through 19-7 of this
Code.
| ||||||
| 9 | (j) Notwithstanding any other provisions of this Section or | ||||||
| 10 | the
provisions of any other law, until January 1, 1999, a | ||||||
| 11 | community unit school
district maintaining grades K through 12 | ||||||
| 12 | may issue bonds up to an amount,
including existing | ||||||
| 13 | indebtedness, not exceeding 27% of the equalized assessed
value | ||||||
| 14 | of the taxable property in the district if all of the following
| ||||||
| 15 | conditions are met:
| ||||||
| 16 | (i) The school district has an equalized assessed | ||||||
| 17 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
| 18 | and a best 3 months
average daily
attendance for the | ||||||
| 19 | 1995-96 school year of at least 2,800;
| ||||||
| 20 | (ii) The bonds are issued to purchase a site and build | ||||||
| 21 | and equip a new
high school, and the school district's | ||||||
| 22 | existing high school was originally
constructed not less | ||||||
| 23 | than 35
years prior to the sale of the bonds;
| ||||||
| 24 | (iii) At the time of the sale of the bonds, the board | ||||||
| 25 | of education
determines
by resolution that a new high | ||||||
| 26 | school is needed because of projected enrollment
| ||||||
| |||||||
| |||||||
| 1 | increases;
| ||||||
| 2 | (iv) At least 60% of those voting in an election held
| ||||||
| 3 | after December 31, 1996 approve a proposition
for the | ||||||
| 4 | issuance of
the bonds; and
| ||||||
| 5 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 6 | through
19-7 of this Code.
| ||||||
| 7 | (k) Notwithstanding the debt limitation prescribed in | ||||||
| 8 | subsection (a) of
this Section, a school district that meets | ||||||
| 9 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
| 10 | this subsection (k) may issue bonds to incur an
additional | ||||||
| 11 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
| 12 | the
amount of the additional indebtedness authorized by this | ||||||
| 13 | subsection (k), when
incurred and added to the aggregate amount | ||||||
| 14 | of indebtedness of the school
district existing immediately | ||||||
| 15 | prior to the school district incurring such
additional | ||||||
| 16 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
| 17 | district to exceed or increases the amount by which the | ||||||
| 18 | aggregate indebtedness
of the district already exceeds the debt | ||||||
| 19 | limitation otherwise applicable to
that school district under | ||||||
| 20 | subsection (a):
| ||||||
| 21 | (1) the school district is located in 2 counties, and a | ||||||
| 22 | referendum to
authorize the additional indebtedness was | ||||||
| 23 | approved by a majority of the voters
of the school district | ||||||
| 24 | voting on the proposition to authorize that
indebtedness;
| ||||||
| 25 | (2) the additional indebtedness is for the purpose of | ||||||
| 26 | financing a
multi-purpose room addition to the existing | ||||||
| |||||||
| |||||||
| 1 | high school;
| ||||||
| 2 | (3) the additional indebtedness, together with the | ||||||
| 3 | existing indebtedness
of the school district, shall not | ||||||
| 4 | exceed 17.4% of the value of the taxable
property in the | ||||||
| 5 | school district, to be ascertained by the last assessment | ||||||
| 6 | for
State and county taxes; and
| ||||||
| 7 | (4) the bonds evidencing the additional indebtedness | ||||||
| 8 | are issued, if at
all, within 120 days of the effective | ||||||
| 9 | date of this amendatory Act of 1998.
| ||||||
| 10 | (l) Notwithstanding any other provisions of this Section or | ||||||
| 11 | the
provisions of any other law, until January 1, 2000, a | ||||||
| 12 | school district
maintaining grades kindergarten through 8 may | ||||||
| 13 | issue bonds up to an amount,
including existing indebtedness, | ||||||
| 14 | not exceeding 15% of the equalized assessed
value of the | ||||||
| 15 | taxable property in the district if all of the following
| ||||||
| 16 | conditions are met:
| ||||||
| 17 | (i) the district has an equalized assessed valuation | ||||||
| 18 | for calendar year
1996 of less than $10,000,000;
| ||||||
| 19 | (ii) the bonds are issued for capital improvement, | ||||||
| 20 | renovation,
rehabilitation, or replacement of one or more | ||||||
| 21 | school buildings of the district,
which buildings were | ||||||
| 22 | originally constructed not less than 70 years ago;
| ||||||
| 23 | (iii) the voters of the district approve a proposition | ||||||
| 24 | for the issuance of
the bonds at a referendum held on or | ||||||
| 25 | after March 17, 1998; and
| ||||||
| 26 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
| |||||||
| |||||||
| 1 | through 19-7 of this
Code.
| ||||||
| 2 | (m) Notwithstanding any other provisions of this Section or | ||||||
| 3 | the provisions
of
any other law, until January 1, 1999, an | ||||||
| 4 | elementary school district maintaining
grades K through 8 may | ||||||
| 5 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
| 6 | not exceeding 18% of the equalized assessed value of the | ||||||
| 7 | taxable
property in the district, if all of the following | ||||||
| 8 | conditions are met:
| ||||||
| 9 | (i) The school district has an equalized assessed | ||||||
| 10 | valuation for calendar
year 1995 or less than $7,700,000;
| ||||||
| 11 | (ii) The school district operates 2 elementary | ||||||
| 12 | attendance centers that
until
1976 were operated as the | ||||||
| 13 | attendance centers of 2 separate and distinct school
| ||||||
| 14 | districts;
| ||||||
| 15 | (iii) The bonds are issued for the construction of a | ||||||
| 16 | new elementary school
building to replace an existing | ||||||
| 17 | multi-level elementary school building of the
school | ||||||
| 18 | district that is not handicapped accessible at all levels | ||||||
| 19 | and parts of
which were constructed more than 75 years ago;
| ||||||
| 20 | (iv) The voters of the school district approve a | ||||||
| 21 | proposition for the
issuance of the bonds at a referendum | ||||||
| 22 | held after July 1, 1998; and
| ||||||
| 23 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 24 | through 19-7 of this
Code.
| ||||||
| 25 | (n) Notwithstanding the debt limitation prescribed in | ||||||
| 26 | subsection (a) of
this Section or any other provisions of this | ||||||
| |||||||
| |||||||
| 1 | Section or of any other law, a
school district that meets all | ||||||
| 2 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
| 3 | this subsection (n) may incur additional indebtedness by the
| ||||||
| 4 | issuance of bonds in an amount not exceeding the amount | ||||||
| 5 | certified by the
Capital Development Board to the school | ||||||
| 6 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
| 7 | even though the amount of the additional indebtedness so
| ||||||
| 8 | authorized, when incurred and added to the aggregate amount of | ||||||
| 9 | indebtedness of
the district existing immediately prior to the | ||||||
| 10 | district incurring the
additional indebtedness authorized by | ||||||
| 11 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
| 12 | district to exceed the debt limitation otherwise applicable
by | ||||||
| 13 | law to that district:
| ||||||
| 14 | (i) The school district applies to the State Board of | ||||||
| 15 | Education for a
school construction project grant and | ||||||
| 16 | submits a district facilities plan in
support
of its | ||||||
| 17 | application pursuant to Section 5-20 of
the School | ||||||
| 18 | Construction Law.
| ||||||
| 19 | (ii) The school district's application and facilities | ||||||
| 20 | plan are approved
by,
and the district receives a grant | ||||||
| 21 | entitlement for a school construction project
issued by, | ||||||
| 22 | the State Board of Education under the School Construction | ||||||
| 23 | Law.
| ||||||
| 24 | (iii) The school district has exhausted its bonding | ||||||
| 25 | capacity or the unused
bonding capacity of the district is | ||||||
| 26 | less than the amount certified by the
Capital Development | ||||||
| |||||||
| |||||||
| 1 | Board to the district under Section 5-15 of the School
| ||||||
| 2 | Construction Law as the dollar amount of the school | ||||||
| 3 | construction project's cost
that the district will be | ||||||
| 4 | required to finance with non-grant funds in order to
| ||||||
| 5 | receive a school construction project grant under the | ||||||
| 6 | School Construction Law.
| ||||||
| 7 | (iv) The bonds are issued for a "school construction | ||||||
| 8 | project", as that
term is defined in Section 5-5 of the | ||||||
| 9 | School Construction Law, in an amount
that does not exceed | ||||||
| 10 | the dollar amount certified, as provided in paragraph
(iii) | ||||||
| 11 | of this subsection (n), by the Capital Development Board
to | ||||||
| 12 | the school
district under Section 5-15 of the School | ||||||
| 13 | Construction Law.
| ||||||
| 14 | (v) The voters of the district approve a proposition | ||||||
| 15 | for the issuance of
the bonds at a referendum held after | ||||||
| 16 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
| 17 | subsection (n) are met.
| ||||||
| 18 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
| 19 | through 19-7 of the
School Code.
| ||||||
| 20 | (o) Notwithstanding any other provisions of this Section or | ||||||
| 21 | the
provisions of any other law, until November 1, 2007, a | ||||||
| 22 | community unit
school district maintaining grades K through 12 | ||||||
| 23 | may issue bonds up to
an amount, including existing | ||||||
| 24 | indebtedness, not exceeding 20% of the
equalized assessed value | ||||||
| 25 | of the taxable property in the district if all of the
following | ||||||
| 26 | conditions are met:
| ||||||
| |||||||
| |||||||
| 1 | (i) the school district has an equalized assessed | ||||||
| 2 | valuation
for calendar year 2001 of at least $737,000,000 | ||||||
| 3 | and an enrollment
for the 2002-2003 school year of at least | ||||||
| 4 | 8,500;
| ||||||
| 5 | (ii) the bonds are issued to purchase school sites, | ||||||
| 6 | build and
equip a new high school, build and equip a new | ||||||
| 7 | junior high school,
build and equip 5 new elementary | ||||||
| 8 | schools, and make technology
and other improvements and | ||||||
| 9 | additions to existing schools;
| ||||||
| 10 | (iii) at the time of the sale of the bonds, the board | ||||||
| 11 | of
education determines by resolution that the sites and | ||||||
| 12 | new or
improved facilities are needed because of projected | ||||||
| 13 | enrollment
increases;
| ||||||
| 14 | (iv) at least 57% of those voting in a general election | ||||||
| 15 | held
prior to January 1, 2003 approved a proposition for | ||||||
| 16 | the issuance of
the bonds; and
| ||||||
| 17 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
| 18 | through
19-7 of this Code.
| ||||||
| 19 | (p) Notwithstanding any other provisions of this Section or | ||||||
| 20 | the provisions of any other law, a community unit school | ||||||
| 21 | district maintaining grades K through 12 may issue bonds up to | ||||||
| 22 | an amount, including indebtedness, not exceeding 27% of the | ||||||
| 23 | equalized assessed value of the taxable property in the | ||||||
| 24 | district if all of the following conditions are met: | ||||||
| 25 | (i) The school district has an equalized assessed | ||||||
| 26 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
| |||||||
| |||||||
| 1 | and a best 3 months' average daily attendance for the | ||||||
| 2 | 2002-2003 school year of at least 2,394. | ||||||
| 3 | (ii) The bonds are issued to build and equip 3 | ||||||
| 4 | elementary school buildings; build and equip one middle | ||||||
| 5 | school building; and alter, repair, improve, and equip all | ||||||
| 6 | existing school buildings in the district. | ||||||
| 7 | (iii) At the time of the sale of the bonds, the board | ||||||
| 8 | of education determines by resolution that the project is | ||||||
| 9 | needed because of expanding growth in the school district | ||||||
| 10 | and a projected enrollment increase. | ||||||
| 11 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 12 | through 19-7 of this Code.
| ||||||
| 13 | (p-5) Notwithstanding any other provisions of this Section | ||||||
| 14 | or the provisions of any other law, bonds issued by a community | ||||||
| 15 | unit school district maintaining grades K through 12 shall not | ||||||
| 16 | be considered indebtedness for purposes of any statutory | ||||||
| 17 | limitation and may be issued in an amount or amounts, including | ||||||
| 18 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
| 19 | imposed statutory limitation as to indebtedness, if all of the | ||||||
| 20 | following conditions are met: | ||||||
| 21 | (i) For each of the 4 most recent years, residential | ||||||
| 22 | property comprises more than 80% of the equalized assessed | ||||||
| 23 | valuation of the district. | ||||||
| 24 | (ii) At least 2 school buildings that were constructed | ||||||
| 25 | 40 or more years prior to the issuance of the bonds will be | ||||||
| 26 | demolished and will be replaced by new buildings or | ||||||
| |||||||
| |||||||
| 1 | additions to one or more existing buildings. | ||||||
| 2 | (iii) Voters of the district approve a proposition for | ||||||
| 3 | the issuance of the bonds at a regularly scheduled | ||||||
| 4 | election. | ||||||
| 5 | (iv) At the time of the sale of the bonds, the school | ||||||
| 6 | board determines by resolution that the new buildings or | ||||||
| 7 | building additions are needed because of an increase in | ||||||
| 8 | enrollment projected by the school board. | ||||||
| 9 | (v) The principal amount of the bonds, including | ||||||
| 10 | existing indebtedness, does not exceed 25% of the equalized | ||||||
| 11 | assessed value of the taxable property in the district. | ||||||
| 12 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 13 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 14 | (p-10) Notwithstanding any other provisions of this | ||||||
| 15 | Section or the provisions of any other law, bonds issued by a | ||||||
| 16 | community consolidated school district maintaining grades K | ||||||
| 17 | through 8 shall not be considered indebtedness for purposes of | ||||||
| 18 | any statutory limitation and may be issued in an amount or | ||||||
| 19 | amounts, including existing indebtedness, in excess of any | ||||||
| 20 | heretofore or hereafter imposed statutory limitation as to | ||||||
| 21 | indebtedness, if all of the following conditions are met: | ||||||
| 22 | (i) For each of the 4 most recent years, residential | ||||||
| 23 | and farm property comprises more than 80% of the equalized | ||||||
| 24 | assessed valuation of the district. | ||||||
| 25 | (ii) The bond proceeds are to be used to acquire and | ||||||
| 26 | improve school sites and build and equip a school building. | ||||||
| |||||||
| |||||||
| 1 | (iii) Voters of the district approve a proposition for | ||||||
| 2 | the issuance of the bonds at a regularly scheduled | ||||||
| 3 | election. | ||||||
| 4 | (iv) At the time of the sale of the bonds, the school | ||||||
| 5 | board determines by resolution that the school sites and | ||||||
| 6 | building additions are needed because of an increase in | ||||||
| 7 | enrollment projected by the school board. | ||||||
| 8 | (v) The principal amount of the bonds, including | ||||||
| 9 | existing indebtedness, does not exceed 20% of the equalized | ||||||
| 10 | assessed value of the taxable property in the district. | ||||||
| 11 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 12 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
| 13 | (p-15) In addition to all other authority to issue bonds, | ||||||
| 14 | the Oswego Community Unit School District Number 308 may issue | ||||||
| 15 | bonds with an aggregate principal amount not to exceed | ||||||
| 16 | $450,000,000, but only if all of the following conditions are | ||||||
| 17 | met: | ||||||
| 18 | (i) The voters of the district have approved a | ||||||
| 19 | proposition for the bond issue at the general election held | ||||||
| 20 | on November 7, 2006. | ||||||
| 21 | (ii) At the time of the sale of the bonds, the school | ||||||
| 22 | board determines, by resolution, that: (A) the building and | ||||||
| 23 | equipping of the new high school building, new junior high | ||||||
| 24 | school buildings, new elementary school buildings, early | ||||||
| 25 | childhood building, maintenance building, transportation | ||||||
| 26 | facility, and additions to existing school buildings, the | ||||||
| |||||||
| |||||||
| 1 | altering, repairing, equipping, and provision of | ||||||
| 2 | technology improvements to existing school buildings, and | ||||||
| 3 | the acquisition and improvement of school sites, as the | ||||||
| 4 | case may be, are required as a result of a projected | ||||||
| 5 | increase in the enrollment of students in the district; and | ||||||
| 6 | (B) the sale of bonds for these purposes is authorized by | ||||||
| 7 | legislation that exempts the debt incurred on the bonds | ||||||
| 8 | from the district's statutory debt limitation.
| ||||||
| 9 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 10 | on or before November 7, 2011, but the aggregate principal | ||||||
| 11 | amount issued in all such bond issues combined must not | ||||||
| 12 | exceed $450,000,000.
| ||||||
| 13 | (iv) The bonds are issued in accordance with this | ||||||
| 14 | Article 19. | ||||||
| 15 | (v) The proceeds of the bonds are used only to | ||||||
| 16 | accomplish those projects approved by the voters at the | ||||||
| 17 | general election held on November 7, 2006. | ||||||
| 18 | The debt incurred on any bonds issued under this subsection | ||||||
| 19 | (p-15) shall not be considered indebtedness for purposes of any | ||||||
| 20 | statutory debt limitation.
| ||||||
| 21 | (p-20) In addition to all other authority to issue bonds, | ||||||
| 22 | the Lincoln-Way Community High School District Number 210 may | ||||||
| 23 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 24 | $225,000,000, but only if all of the following conditions are | ||||||
| 25 | met: | ||||||
| 26 | (i) The voters of the district have approved a | ||||||
| |||||||
| |||||||
| 1 | proposition for the bond issue at the general primary | ||||||
| 2 | election held on March 21, 2006. | ||||||
| 3 | (ii) At the time of the sale of the bonds, the school | ||||||
| 4 | board determines, by resolution, that: (A) the building and | ||||||
| 5 | equipping of the new high school buildings, the altering, | ||||||
| 6 | repairing, and equipping of existing school buildings, and | ||||||
| 7 | the improvement of school sites, as the case may be, are | ||||||
| 8 | required as a result of a projected increase in the | ||||||
| 9 | enrollment of students in the district; and (B) the sale of | ||||||
| 10 | bonds for these purposes is authorized by legislation that | ||||||
| 11 | exempts the debt incurred on the bonds from the district's | ||||||
| 12 | statutory debt limitation.
| ||||||
| 13 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 14 | on or before March 21, 2011, but the aggregate principal | ||||||
| 15 | amount issued in all such bond issues combined must not | ||||||
| 16 | exceed $225,000,000.
| ||||||
| 17 | (iv) The bonds are issued in accordance with this | ||||||
| 18 | Article 19. | ||||||
| 19 | (v) The proceeds of the bonds are used only to | ||||||
| 20 | accomplish those projects approved by the voters at the | ||||||
| 21 | primary election held on March 21, 2006. | ||||||
| 22 | The debt incurred on any bonds issued under this subsection | ||||||
| 23 | (p-20) shall not be considered indebtedness for purposes of any | ||||||
| 24 | statutory debt limitation.
| ||||||
| 25 | (p-25) In addition to all other authority to issue bonds, | ||||||
| 26 | Rochester Community Unit School District 3A may issue bonds | ||||||
| |||||||
| |||||||
| 1 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
| 2 | but only if all of the following conditions are met: | ||||||
| 3 | (i) The voters of the district approve a proposition | ||||||
| 4 | for the bond issuance at the general primary election held | ||||||
| 5 | in 2008.
| ||||||
| 6 | (ii) At the time of the sale of the bonds, the school | ||||||
| 7 | board determines, by resolution, that: (A) the building and | ||||||
| 8 | equipping of a new high school building; the addition of | ||||||
| 9 | classrooms and support facilities at the high school, | ||||||
| 10 | middle school, and elementary school; the altering, | ||||||
| 11 | repairing, and equipping of existing school buildings; and | ||||||
| 12 | the improvement of school sites, as the case may be, are | ||||||
| 13 | required as a result of a projected increase in the | ||||||
| 14 | enrollment of students in the district; and (B) the sale of | ||||||
| 15 | bonds for these purposes is authorized by a law that | ||||||
| 16 | exempts the debt incurred on the bonds from the district's | ||||||
| 17 | statutory debt limitation. | ||||||
| 18 | (iii) The bonds are issued, in one or more bond issues, | ||||||
| 19 | on or before December 31, 2012, but the aggregate principal | ||||||
| 20 | amount issued in all such bond issues combined must not | ||||||
| 21 | exceed $18,500,000. | ||||||
| 22 | (iv) The bonds are issued in accordance with this | ||||||
| 23 | Article 19. | ||||||
| 24 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 25 | only those projects approved by the voters at the primary | ||||||
| 26 | election held in 2008.
| ||||||
| |||||||
| |||||||
| 1 | The debt incurred on any bonds issued under this subsection | ||||||
| 2 | (p-25) shall not be considered indebtedness for purposes of any | ||||||
| 3 | statutory debt limitation.
| ||||||
| 4 | (p-30) In addition to all other authority to issue bonds, | ||||||
| 5 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
| 6 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
| 7 | but only if all of the following conditions are met:
| ||||||
| 8 | (i) The voters of the district approve a proposition | ||||||
| 9 | for the bond issuance at an election held in 2008.
| ||||||
| 10 | (ii) At the time of the sale of the bonds, the school | ||||||
| 11 | board determines, by resolution, that (A) the building and | ||||||
| 12 | equipping of a new school building and additions to | ||||||
| 13 | existing school buildings are required as a result of a | ||||||
| 14 | projected increase in the enrollment of students in the | ||||||
| 15 | district and (B) the altering, repairing, and equipping of | ||||||
| 16 | existing school buildings are required because of the age | ||||||
| 17 | of the existing school buildings.
| ||||||
| 18 | (iii) The bonds are issued, in one or more bond | ||||||
| 19 | issuances, on or before December 31, 2012; however, the | ||||||
| 20 | aggregate principal amount issued in all such bond | ||||||
| 21 | issuances combined must not exceed $30,000,000.
| ||||||
| 22 | (iv) The bonds are issued in accordance with this | ||||||
| 23 | Article.
| ||||||
| 24 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 25 | only those projects approved by the voters at an election | ||||||
| 26 | held in 2008.
| ||||||
| |||||||
| |||||||
| 1 | The debt incurred on any bonds issued under this subsection | ||||||
| 2 | (p-30) shall not be considered indebtedness for purposes of any | ||||||
| 3 | statutory debt limitation.
| ||||||
| 4 | (p-35) In addition to all other authority to issue bonds, | ||||||
| 5 | Prairie Hill Community Consolidated School District 133 may | ||||||
| 6 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 7 | $13,900,000, but only if all of the following conditions are | ||||||
| 8 | met:
| ||||||
| 9 | (i) The voters of the district approved a proposition | ||||||
| 10 | for the bond issuance at an election held on April 17, | ||||||
| 11 | 2007.
| ||||||
| 12 | (ii) At the time of the sale of the bonds, the school | ||||||
| 13 | board determines, by resolution, that (A) the improvement | ||||||
| 14 | of the site of and the building and equipping of a school | ||||||
| 15 | building are required as a result of a projected increase | ||||||
| 16 | in the enrollment of students in the district and (B) the | ||||||
| 17 | repairing and equipping of the Prairie Hill Elementary | ||||||
| 18 | School building is required because of the age of that | ||||||
| 19 | school building.
| ||||||
| 20 | (iii) The bonds are issued, in one or more bond | ||||||
| 21 | issuances, on or before December 31, 2011, but the | ||||||
| 22 | aggregate principal amount issued in all such bond | ||||||
| 23 | issuances combined must not exceed $13,900,000.
| ||||||
| 24 | (iv) The bonds are issued in accordance with this | ||||||
| 25 | Article.
| ||||||
| 26 | (v) The proceeds of the bonds are used to accomplish | ||||||
| |||||||
| |||||||
| 1 | only those projects approved by the voters at an election | ||||||
| 2 | held on April 17, 2007.
| ||||||
| 3 | The debt incurred on any bonds issued under this subsection | ||||||
| 4 | (p-35) shall not be considered indebtedness for purposes of any | ||||||
| 5 | statutory debt limitation.
| ||||||
| 6 | (p-40) In addition to all other authority to issue bonds, | ||||||
| 7 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
| 8 | aggregate principal amount not to exceed $55,000,000, but only | ||||||
| 9 | if all of the following conditions are met: | ||||||
| 10 | (1) The voters of the district approve a proposition | ||||||
| 11 | for the bond issuance at a regular election held on or | ||||||
| 12 | after November 4, 2008. | ||||||
| 13 | (2) At the time of the sale of the bonds, the school | ||||||
| 14 | board determines, by resolution, that (i) the building and | ||||||
| 15 | equipping of a new high school building is required as a | ||||||
| 16 | result of a projected increase in the enrollment of | ||||||
| 17 | students in the district and the age and condition of the | ||||||
| 18 | existing high school building, (ii) the existing high | ||||||
| 19 | school building will be demolished, and (iii) the sale of | ||||||
| 20 | bonds is authorized by statute that exempts the debt | ||||||
| 21 | incurred on the bonds from the district's statutory debt | ||||||
| 22 | limitation. | ||||||
| 23 | (3) The bonds are issued, in one or more bond | ||||||
| 24 | issuances, on or before December 31, 2011, but the | ||||||
| 25 | aggregate principal amount issued in all such bond | ||||||
| 26 | issuances combined must not exceed $55,000,000. | ||||||
| |||||||
| |||||||
| 1 | (4) The bonds are issued in accordance with this | ||||||
| 2 | Article. | ||||||
| 3 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 4 | only those projects approved by the voters at a regular | ||||||
| 5 | election held on or after November 4, 2008. | ||||||
| 6 | The debt incurred on any bonds issued under this subsection | ||||||
| 7 | (p-40) shall not be considered indebtedness for purposes of any | ||||||
| 8 | statutory debt limitation. | ||||||
| 9 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
| 10 | this Section or of any other law, bonds issued pursuant to | ||||||
| 11 | Section 19-3.5 of this Code shall not be considered | ||||||
| 12 | indebtedness for purposes of any statutory limitation if the | ||||||
| 13 | bonds are issued in an amount or amounts, including existing | ||||||
| 14 | indebtedness of the school district, not in excess of 18.5% of | ||||||
| 15 | the value of the taxable property in the district to be | ||||||
| 16 | ascertained by the last assessment for State and county taxes. | ||||||
| 17 | (p-50) Notwithstanding the provisions of subsection (a) of
| ||||||
| 18 | this Section or of any other law, bonds issued pursuant to
| ||||||
| 19 | Section 19-3.10 of this Code shall not be considered
| ||||||
| 20 | indebtedness for purposes of any statutory limitation if the
| ||||||
| 21 | bonds are issued in an amount or amounts, including existing
| ||||||
| 22 | indebtedness of the school district, not in excess of 43% of
| ||||||
| 23 | the value of the taxable property in the district to be
| ||||||
| 24 | ascertained by the last assessment for State and county taxes. | ||||||
| 25 | (p-55) In addition to all other authority to issue bonds, | ||||||
| 26 | Belle Valley School District 119 may issue bonds with an | ||||||
| |||||||
| |||||||
| 1 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
| 2 | if all of the following conditions are met: | ||||||
| 3 | (1) The voters of the district approve a proposition | ||||||
| 4 | for the bond issuance at an election held on or after April | ||||||
| 5 | 7, 2009. | ||||||
| 6 | (2) Prior to the issuance of the bonds, the school | ||||||
| 7 | board determines, by resolution, that (i) the building and | ||||||
| 8 | equipping of a new school building is required as a result | ||||||
| 9 | of mine subsidence in an existing school building and | ||||||
| 10 | because of the age and condition of another existing school | ||||||
| 11 | building and (ii) the issuance of bonds is authorized by | ||||||
| 12 | statute that exempts the debt incurred on the bonds from | ||||||
| 13 | the district's statutory debt limitation. | ||||||
| 14 | (3) The bonds are issued, in one or more bond | ||||||
| 15 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 16 | principal amount issued in all such bond issuances combined | ||||||
| 17 | must not exceed $47,500,000. | ||||||
| 18 | (4) The bonds are issued in accordance with this | ||||||
| 19 | Article. | ||||||
| 20 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 21 | only those projects approved by the voters at an election | ||||||
| 22 | held on or after April 7, 2009. | ||||||
| 23 | The debt incurred on any bonds issued under this subsection | ||||||
| 24 | (p-55) shall not be considered indebtedness for purposes of any | ||||||
| 25 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 26 | (p-55) must mature within not to exceed 30 years from their | ||||||
| |||||||
| |||||||
| 1 | date, notwithstanding any other law to the contrary. | ||||||
| 2 | (p-60) In addition to all other authority to issue bonds, | ||||||
| 3 | Wilmington Community Unit School District Number 209-U may | ||||||
| 4 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 5 | $2,285,000, but only if all of the following conditions are | ||||||
| 6 | met: | ||||||
| 7 | (1) The proceeds of the bonds are used to accomplish | ||||||
| 8 | only those projects approved by the voters at the general | ||||||
| 9 | primary election held on March 21, 2006. | ||||||
| 10 | (2) Prior to the issuance of the bonds, the school | ||||||
| 11 | board determines, by resolution, that (i) the projects | ||||||
| 12 | approved by the voters were and are required because of the | ||||||
| 13 | age and condition of the school district's prior and | ||||||
| 14 | existing school buildings and (ii) the issuance of the | ||||||
| 15 | bonds is authorized by legislation that exempts the debt | ||||||
| 16 | incurred on the bonds from the district's statutory debt | ||||||
| 17 | limitation. | ||||||
| 18 | (3) The bonds are issued in one or more bond issuances | ||||||
| 19 | on or before March 1, 2011, but the aggregate principal | ||||||
| 20 | amount issued in all those bond issuances combined must not | ||||||
| 21 | exceed $2,285,000. | ||||||
| 22 | (4) The bonds are issued in accordance with this | ||||||
| 23 | Article. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-60) shall not be considered indebtedness for purposes of any | ||||||
| 26 | statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (p-65) In addition to all other authority to issue bonds, | ||||||
| 2 | West Washington County Community Unit School District 10 may | ||||||
| 3 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 4 | $32,200,000 and maturing over a period not exceeding 25 years, | ||||||
| 5 | but only if all of the following conditions are met: | ||||||
| 6 | (1) The voters of the district approve a proposition | ||||||
| 7 | for the bond issuance at an election held on or after | ||||||
| 8 | February 2, 2010. | ||||||
| 9 | (2) Prior to the issuance of the bonds, the school | ||||||
| 10 | board determines, by resolution, that (A) all or a portion | ||||||
| 11 | of the existing Okawville Junior/Senior High School | ||||||
| 12 | Building will be demolished; (B) the building and equipping | ||||||
| 13 | of a new school building to be attached to and the | ||||||
| 14 | alteration, repair, and equipping of the remaining portion | ||||||
| 15 | of the Okawville Junior/Senior High School Building is | ||||||
| 16 | required because of the age and current condition of that | ||||||
| 17 | school building; and (C) the issuance of bonds is | ||||||
| 18 | authorized by a statute that exempts the debt incurred on | ||||||
| 19 | the bonds from the district's statutory debt limitation. | ||||||
| 20 | (3) The bonds are issued, in one or more bond | ||||||
| 21 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 22 | principal amount issued in all such bond issuances combined | ||||||
| 23 | must not exceed $32,200,000. | ||||||
| 24 | (4) The bonds are issued in accordance with this | ||||||
| 25 | Article. | ||||||
| 26 | (5) The proceeds of the bonds are used to accomplish | ||||||
| |||||||
| |||||||
| 1 | only those projects approved by the voters at an election | ||||||
| 2 | held on or after February 2, 2010. | ||||||
| 3 | The debt incurred on any bonds issued under this subsection | ||||||
| 4 | (p-65) shall not be considered indebtedness for purposes of any | ||||||
| 5 | statutory debt limitation. | ||||||
| 6 | (p-70) In addition to all other authority to issue bonds, | ||||||
| 7 | Cahokia Community Unit School District 187 may issue bonds with | ||||||
| 8 | an aggregate principal amount not to exceed $50,000,000, but | ||||||
| 9 | only if all the following conditions are met: | ||||||
| 10 | (1) The voters of the district approve a proposition | ||||||
| 11 | for the bond issuance at an election held on or after | ||||||
| 12 | November 2, 2010. | ||||||
| 13 | (2) Prior to the issuance of the bonds, the school | ||||||
| 14 | board determines, by resolution, that (i) the building and | ||||||
| 15 | equipping of a new school building is required as a result | ||||||
| 16 | of the age and condition of an existing school building and | ||||||
| 17 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 18 | exempts the debt incurred on the bonds from the district's | ||||||
| 19 | statutory debt limitation. | ||||||
| 20 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 21 | or before July 1, 2016, but the aggregate principal amount | ||||||
| 22 | issued in all such bond issuances combined must not exceed | ||||||
| 23 | $50,000,000. | ||||||
| 24 | (4) The bonds are issued in accordance with this | ||||||
| 25 | Article. | ||||||
| 26 | (5) The proceeds of the bonds are used to accomplish | ||||||
| |||||||
| |||||||
| 1 | only those projects approved by the voters at an election | ||||||
| 2 | held on or after November 2, 2010. | ||||||
| 3 | The debt incurred on any bonds issued under this subsection | ||||||
| 4 | (p-70) shall not be considered indebtedness for purposes of any | ||||||
| 5 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 6 | (p-70) must mature within not to exceed 25 years from their | ||||||
| 7 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 8 | this Code, to the contrary. | ||||||
| 9 | (p-75) Notwithstanding the debt limitation prescribed in | ||||||
| 10 | subsection (a) of this Section
or any other provisions of this | ||||||
| 11 | Section or of any other law, the execution of leases on or
| ||||||
| 12 | after January 1, 2007 and before July 1, 2011 by the Board of | ||||||
| 13 | Education of Peoria School District 150 with a public building | ||||||
| 14 | commission for leases entered into pursuant to the Public
| ||||||
| 15 | Building Commission Act shall not be considered indebtedness | ||||||
| 16 | for purposes of any
statutory debt limitation. | ||||||
| 17 | This subsection (p-75) applies only if the State Board of | ||||||
| 18 | Education or the Capital Development Board makes one or more | ||||||
| 19 | grants to Peoria School District 150 pursuant to the School | ||||||
| 20 | Construction Law. The amount exempted from the debt limitation | ||||||
| 21 | as prescribed in this subsection (p-75) shall be no greater | ||||||
| 22 | than the amount of one or more grants awarded to Peoria School | ||||||
| 23 | District 150 by the State Board of Education or the Capital | ||||||
| 24 | Development Board. | ||||||
| 25 | (p-80) In addition to all other authority to issue bonds, | ||||||
| 26 | Ridgeland School District 122 may issue bonds with an aggregate | ||||||
| |||||||
| |||||||
| 1 | principal amount not to exceed $50,000,000 for the purpose of | ||||||
| 2 | refunding or continuing to refund bonds originally issued | ||||||
| 3 | pursuant to voter approval at the general election held on | ||||||
| 4 | November 7, 2000, and the debt incurred on any bonds issued | ||||||
| 5 | under this subsection (p-80) shall not be considered | ||||||
| 6 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 7 | Bonds issued under this subsection (p-80) may be issued in one | ||||||
| 8 | or more issuances and must mature within not to exceed 25 years | ||||||
| 9 | from their date, notwithstanding any other law, including | ||||||
| 10 | Section 19-3 of this Code, to the contrary. | ||||||
| 11 | (p-85) In addition to all other authority to issue bonds, | ||||||
| 12 | Hall High School District 502 may issue bonds with an aggregate | ||||||
| 13 | principal amount not to exceed $32,000,000, but only if all the | ||||||
| 14 | following conditions are met: | ||||||
| 15 | (1) The voters of the district approve a proposition
| ||||||
| 16 | for the bond issuance at an election held on or after April | ||||||
| 17 | 9, 2013. | ||||||
| 18 | (2) Prior to the issuance of the bonds, the school
| ||||||
| 19 | board determines, by resolution, that (i) the building and | ||||||
| 20 | equipping of a new school building is required as a result | ||||||
| 21 | of the age and condition of an existing school building, | ||||||
| 22 | (ii) the existing school building should be demolished in | ||||||
| 23 | its entirety or the existing school building should be | ||||||
| 24 | demolished except for the 1914 west wing of the building, | ||||||
| 25 | and (iii) the issuance of bonds is authorized by a statute | ||||||
| 26 | that exempts the debt incurred on the bonds from the | ||||||
| |||||||
| |||||||
| 1 | district's statutory debt limitation. | ||||||
| 2 | (3) The bonds are issued, in one or more issuances, not | ||||||
| 3 | later than 5 years after the date of the referendum | ||||||
| 4 | approving the issuance of the bonds, but the aggregate | ||||||
| 5 | principal amount issued in all such bond issuances combined | ||||||
| 6 | must not exceed $32,000,000. | ||||||
| 7 | (4) The bonds are issued in accordance with this
| ||||||
| 8 | Article. | ||||||
| 9 | (5) The proceeds of the bonds are used to accomplish
| ||||||
| 10 | only those projects approved by the voters at an election | ||||||
| 11 | held on or after April 9, 2013. | ||||||
| 12 | The debt incurred on any bonds issued under this subsection | ||||||
| 13 | (p-85) shall not be considered indebtedness for purposes of any | ||||||
| 14 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 15 | (p-85) must mature within not to exceed 30 years from their | ||||||
| 16 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 17 | this Code, to the contrary. | ||||||
| 18 | (p-90) In addition to all other authority to issue bonds, | ||||||
| 19 | Lebanon Community Unit School District 9 may issue bonds with | ||||||
| 20 | an aggregate principal amount not to exceed $7,500,000, but | ||||||
| 21 | only if all of the following conditions are met: | ||||||
| 22 | (1) The voters of the district approved a proposition | ||||||
| 23 | for the bond issuance at the general primary election on | ||||||
| 24 | February 2, 2010. | ||||||
| 25 | (2) At or prior to the time of the sale of the bonds, | ||||||
| 26 | the school board determines, by resolution, that (i) the | ||||||
| |||||||
| |||||||
| 1 | building and equipping of a new elementary school building | ||||||
| 2 | is required as a result of a projected increase in the | ||||||
| 3 | enrollment of students in the district and the age and | ||||||
| 4 | condition of the existing Lebanon Elementary School | ||||||
| 5 | building, (ii) a portion of the existing Lebanon Elementary | ||||||
| 6 | School building will be demolished and the remaining | ||||||
| 7 | portion will be altered, repaired, and equipped, and (iii) | ||||||
| 8 | the sale of bonds is authorized by a statute that exempts | ||||||
| 9 | the debt incurred on the bonds from the district's | ||||||
| 10 | statutory debt limitation. | ||||||
| 11 | (3) The bonds are issued, in one or more bond | ||||||
| 12 | issuances, on or before April 1, 2014, but the aggregate | ||||||
| 13 | principal amount issued in all such bond issuances combined | ||||||
| 14 | must not exceed $7,500,000. | ||||||
| 15 | (4) The bonds are issued in accordance with this | ||||||
| 16 | Article. | ||||||
| 17 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 18 | only those projects approved by the voters at the general | ||||||
| 19 | primary election held on February 2, 2010. | ||||||
| 20 | The debt incurred on any bonds issued under this subsection | ||||||
| 21 | (p-90) shall not be considered indebtedness for purposes of any | ||||||
| 22 | statutory debt limitation. | ||||||
| 23 | (p-95) In addition to all other authority to issue bonds, | ||||||
| 24 | Monticello Community Unit School District 25 may issue bonds | ||||||
| 25 | with an aggregate principal amount not to exceed $35,000,000, | ||||||
| 26 | but only if all of the following conditions are met: | ||||||
| |||||||
| |||||||
| 1 | (1) The voters of the district approve a proposition | ||||||
| 2 | for the bond issuance at an election held on or after | ||||||
| 3 | November 4, 2014. | ||||||
| 4 | (2) Prior to the issuance of the bonds, the school | ||||||
| 5 | board determines, by resolution, that (i) the building and | ||||||
| 6 | equipping of a new school building is required as a result | ||||||
| 7 | of the age and condition of an existing school building and | ||||||
| 8 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 9 | exempts the debt incurred on the bonds from the district's | ||||||
| 10 | statutory debt limitation. | ||||||
| 11 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 12 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 13 | issued in all such bond issuances combined must not exceed | ||||||
| 14 | $35,000,000. | ||||||
| 15 | (4) The bonds are issued in accordance with this | ||||||
| 16 | Article. | ||||||
| 17 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 18 | only those projects approved by the voters at an election | ||||||
| 19 | held on or after November 4, 2014. | ||||||
| 20 | The debt incurred on any bonds issued under this subsection | ||||||
| 21 | (p-95) shall not be considered indebtedness for purposes of any | ||||||
| 22 | statutory debt limitation. Bonds issued under this subsection | ||||||
| 23 | (p-95) must mature within not to exceed 25 years from their | ||||||
| 24 | date, notwithstanding any other law, including Section 19-3 of | ||||||
| 25 | this Code, to the contrary. | ||||||
| 26 | (p-100) (p-95) In addition to all other authority to issue | ||||||
| |||||||
| |||||||
| 1 | bonds, the community unit school district created in the | ||||||
| 2 | territory comprising Milford Community Consolidated School | ||||||
| 3 | District 280 and Milford Township High School District 233, as | ||||||
| 4 | approved at the general primary election held on March 18, | ||||||
| 5 | 2014, may issue bonds with an aggregate principal amount not to | ||||||
| 6 | exceed $17,500,000, but only if all the following conditions | ||||||
| 7 | are met: | ||||||
| 8 | (1) The voters of the district approve a proposition | ||||||
| 9 | for the bond issuance at an election held on or after | ||||||
| 10 | November 4, 2014. | ||||||
| 11 | (2) Prior to the issuance of the bonds, the school | ||||||
| 12 | board determines, by resolution, that (i) the building and | ||||||
| 13 | equipping of a new school building is required as a result | ||||||
| 14 | of the age and condition of an existing school building and | ||||||
| 15 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 16 | exempts the debt incurred on the bonds from the district's | ||||||
| 17 | statutory debt limitation. | ||||||
| 18 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 19 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 20 | issued in all such bond issuances combined must not exceed | ||||||
| 21 | $17,500,000. | ||||||
| 22 | (4) The bonds are issued in accordance with this | ||||||
| 23 | Article. | ||||||
| 24 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 25 | only those projects approved by the voters at an election | ||||||
| 26 | held on or after November 4, 2014. | ||||||
| |||||||
| |||||||
| 1 | The debt incurred on any bonds issued under this subsection | ||||||
| 2 | (p-100) (p-95) shall not be considered indebtedness for | ||||||
| 3 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 4 | this subsection (p-100) (p-95) must mature within not to exceed | ||||||
| 5 | 25 years from their date, notwithstanding any other law, | ||||||
| 6 | including Section 19-3 of this Code, to the contrary. | ||||||
| 7 | (q) A school district must notify the State Board of | ||||||
| 8 | Education prior to issuing any form of long-term or short-term | ||||||
| 9 | debt that will result in outstanding debt that exceeds 75% of | ||||||
| 10 | the debt limit specified in this Section or any other provision | ||||||
| 11 | of law.
| ||||||
| 12 | (Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12; | ||||||
| 13 | 97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff. | ||||||
| 14 | 8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
| ||||||
| 15 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||||||
| 16 | Sec. 24-12. Removal or dismissal of teachers in contractual
| ||||||
| 17 | continued service. | ||||||
| 18 | (a) This subsection (a) applies only to honorable | ||||||
| 19 | dismissals and recalls in which the notice of dismissal is | ||||||
| 20 | provided on or before the end of the 2010-2011 school term. If | ||||||
| 21 | a teacher in contractual continued service is
removed or | ||||||
| 22 | dismissed as a result of a decision of the board to decrease
| ||||||
| 23 | the number of teachers employed by the board or to discontinue | ||||||
| 24 | some
particular type of teaching service, written notice shall | ||||||
| 25 | be mailed to the
teacher and also given the
teacher either by | ||||||
| |||||||
| |||||||
| 1 | certified mail, return receipt requested or
personal delivery | ||||||
| 2 | with receipt at least 60
days before
the end of the school | ||||||
| 3 | term, together with a statement of honorable
dismissal and the | ||||||
| 4 | reason therefor, and in all such cases the board shall
first | ||||||
| 5 | remove or dismiss all teachers who have not entered upon | ||||||
| 6 | contractual
continued service before removing or dismissing | ||||||
| 7 | any teacher who has entered
upon contractual continued service | ||||||
| 8 | and who is legally qualified to hold a
position currently held | ||||||
| 9 | by a teacher who has not entered upon contractual
continued | ||||||
| 10 | service. | ||||||
| 11 | As between teachers who have entered upon contractual
| ||||||
| 12 | continued service, the teacher or teachers with the shorter | ||||||
| 13 | length of
continuing service with the district shall be | ||||||
| 14 | dismissed first
unless an alternative method of determining the | ||||||
| 15 | sequence of dismissal is
established in a collective bargaining | ||||||
| 16 | agreement or contract between the
board and a professional | ||||||
| 17 | faculty members' organization and except that
this provision | ||||||
| 18 | shall not impair the operation of any affirmative action
| ||||||
| 19 | program in the district, regardless of whether it exists by | ||||||
| 20 | operation of
law or is conducted on a voluntary basis by the | ||||||
| 21 | board. Any teacher
dismissed as a result of such decrease or | ||||||
| 22 | discontinuance shall be paid
all earned compensation on or | ||||||
| 23 | before the third business day following
the last day of pupil | ||||||
| 24 | attendance in the regular school term. | ||||||
| 25 | If the
board has any vacancies for the following school | ||||||
| 26 | term or within one
calendar year from the beginning of the | ||||||
| |||||||
| |||||||
| 1 | following school term, the
positions thereby becoming | ||||||
| 2 | available shall be tendered to the teachers
so removed or | ||||||
| 3 | dismissed so far as they are legally qualified to hold
such | ||||||
| 4 | positions; provided, however, that if the number of honorable
| ||||||
| 5 | dismissal notices based on economic necessity exceeds 15% of | ||||||
| 6 | the number of
full time equivalent positions filled by | ||||||
| 7 | certified employees (excluding
principals and administrative | ||||||
| 8 | personnel) during the preceding school year,
then if the board | ||||||
| 9 | has any vacancies for the following school term or within
2 | ||||||
| 10 | calendar years from the beginning of the following
school term, | ||||||
| 11 | the positions so becoming available shall be tendered to the
| ||||||
| 12 | teachers who were so notified and removed or dismissed whenever | ||||||
| 13 | they are
legally qualified to hold such positions. Each board | ||||||
| 14 | shall, in consultation
with any exclusive employee | ||||||
| 15 | representatives, each year establish a list,
categorized by | ||||||
| 16 | positions, showing the length of continuing service of each
| ||||||
| 17 | teacher who is qualified to hold any such positions, unless an | ||||||
| 18 | alternative
method of determining a sequence of dismissal is | ||||||
| 19 | established as provided
for in this Section, in which case a | ||||||
| 20 | list shall be made in accordance with
the alternative method. | ||||||
| 21 | Copies of the list shall be distributed to the
exclusive | ||||||
| 22 | employee representative on or before February 1 of each year.
| ||||||
| 23 | Whenever the number of honorable dismissal notices based upon | ||||||
| 24 | economic
necessity exceeds 5, or 150% of the average number of | ||||||
| 25 | teachers honorably
dismissed in the preceding 3 years, | ||||||
| 26 | whichever is more, then the board also
shall hold a public | ||||||
| |||||||
| |||||||
| 1 | hearing on the question of the dismissals. Following
the | ||||||
| 2 | hearing and board review the action to approve any such | ||||||
| 3 | reduction shall
require a majority vote of the board members.
| ||||||
| 4 | (b) This subsection (b) applies only to honorable | ||||||
| 5 | dismissals and recalls in which the notice of dismissal is | ||||||
| 6 | provided during the 2011-2012 school term or a subsequent | ||||||
| 7 | school term. If any teacher, whether or not in contractual | ||||||
| 8 | continued service, is removed or dismissed as a result of a | ||||||
| 9 | decision of a school board to decrease the number of teachers | ||||||
| 10 | employed by the board, a decision of a school board to | ||||||
| 11 | discontinue some particular type of teaching service, or a | ||||||
| 12 | reduction in the number of programs or positions in a special | ||||||
| 13 | education joint agreement, then written notice must be mailed | ||||||
| 14 | to the teacher and also given to the teacher either by | ||||||
| 15 | certified mail, return receipt requested, or personal delivery | ||||||
| 16 | with receipt at least 45 days before the end of the school | ||||||
| 17 | term, together with a statement of honorable dismissal and the | ||||||
| 18 | reason therefor, and in all such cases the sequence of | ||||||
| 19 | dismissal shall occur in accordance with this subsection (b); | ||||||
| 20 | except that this subsection (b) shall not impair the operation | ||||||
| 21 | of any affirmative action program in the school district, | ||||||
| 22 | regardless of whether it exists by operation of law or is | ||||||
| 23 | conducted on a voluntary basis by the board. | ||||||
| 24 | Each teacher must be categorized into one or more positions | ||||||
| 25 | for which the teacher is qualified to hold, based upon legal | ||||||
| 26 | qualifications and any other qualifications established in a | ||||||
| |||||||
| |||||||
| 1 | district or joint agreement job description, on or before the | ||||||
| 2 | May 10 prior to the school year during which the sequence of | ||||||
| 3 | dismissal is determined. Within each position and subject to | ||||||
| 4 | agreements made by the joint committee on honorable dismissals | ||||||
| 5 | that are authorized by subsection (c) of this Section, the | ||||||
| 6 | school district or joint agreement must establish 4 groupings | ||||||
| 7 | of teachers qualified to hold the position as follows: | ||||||
| 8 | (1) Grouping one shall consist of each teacher who is | ||||||
| 9 | not in contractual continued service and who (i) has not | ||||||
| 10 | received a performance evaluation rating, (ii) is employed | ||||||
| 11 | for one school term or less to replace a teacher on leave, | ||||||
| 12 | or (iii) is employed on a part-time basis. "Part-time | ||||||
| 13 | basis" for the purposes of this subsection (b) means a | ||||||
| 14 | teacher who is employed to teach less than a full-day, | ||||||
| 15 | teacher workload or less than 5 days of the normal student | ||||||
| 16 | attendance week, unless otherwise provided for in a | ||||||
| 17 | collective bargaining agreement between the district and | ||||||
| 18 | the exclusive representative of the district's teachers. | ||||||
| 19 | For the purposes of this Section, a teacher (A) who is | ||||||
| 20 | employed as a full-time teacher but who actually teaches or | ||||||
| 21 | is otherwise present and participating in the district's | ||||||
| 22 | educational program for less than a school term or (B) who, | ||||||
| 23 | in the immediately previous school term, was employed on a | ||||||
| 24 | full-time basis and actually taught or was otherwise | ||||||
| 25 | present and participated in the district's educational | ||||||
| 26 | program for 120 days or more is not considered employed on | ||||||
| |||||||
| |||||||
| 1 | a part-time basis. | ||||||
| 2 | (2) Grouping 2 shall consist of each teacher with a | ||||||
| 3 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
| 4 | rating on either of the teacher's last 2 performance | ||||||
| 5 | evaluation ratings. | ||||||
| 6 | (3) Grouping 3 shall consist of each teacher with a | ||||||
| 7 | performance evaluation rating of at least Satisfactory or | ||||||
| 8 | Proficient on both of the teacher's last 2 performance | ||||||
| 9 | evaluation ratings, if 2 ratings are available, or on the | ||||||
| 10 | teacher's last performance evaluation rating, if only one | ||||||
| 11 | rating is available, unless the teacher qualifies for | ||||||
| 12 | placement into grouping 4. | ||||||
| 13 | (4) Grouping 4 shall consist of each teacher whose last | ||||||
| 14 | 2 performance evaluation ratings are Excellent and each | ||||||
| 15 | teacher with 2 Excellent performance evaluation ratings | ||||||
| 16 | out of the teacher's last 3 performance evaluation ratings | ||||||
| 17 | with a third rating of Satisfactory or Proficient. | ||||||
| 18 | Among teachers qualified to hold a position, teachers must | ||||||
| 19 | be dismissed in the order of their groupings, with teachers in | ||||||
| 20 | grouping one dismissed first and teachers in grouping 4 | ||||||
| 21 | dismissed last. | ||||||
| 22 | Within grouping one, the sequence of dismissal must be at | ||||||
| 23 | the discretion of the school district or joint agreement. | ||||||
| 24 | Within grouping 2, the sequence of dismissal must be based upon | ||||||
| 25 | average performance evaluation ratings, with the teacher or | ||||||
| 26 | teachers with the lowest average performance evaluation rating | ||||||
| |||||||
| |||||||
| 1 | dismissed first. A teacher's average performance evaluation | ||||||
| 2 | rating must be calculated using the average of the teacher's | ||||||
| 3 | last 2 performance evaluation ratings, if 2 ratings are | ||||||
| 4 | available, or the teacher's last performance evaluation | ||||||
| 5 | rating, if only one rating is available, using the following | ||||||
| 6 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
| 7 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
| 8 | Unsatisfactory. As between or among teachers in grouping 2 with | ||||||
| 9 | the same average performance evaluation rating and within each | ||||||
| 10 | of groupings 3 and 4, the teacher or teachers with the shorter | ||||||
| 11 | length of continuing service with the school district or joint | ||||||
| 12 | agreement must be dismissed first unless an alternative method | ||||||
| 13 | of determining the sequence of dismissal is established in a | ||||||
| 14 | collective bargaining agreement or contract between the board | ||||||
| 15 | and a professional faculty members' organization. | ||||||
| 16 | Each board, including the governing board of a joint | ||||||
| 17 | agreement, shall, in consultation with any exclusive employee | ||||||
| 18 | representatives, each year establish a sequence of honorable | ||||||
| 19 | dismissal list categorized by positions and the groupings | ||||||
| 20 | defined in this subsection (b). Copies of the list showing each | ||||||
| 21 | teacher by name and categorized by positions and the groupings | ||||||
| 22 | defined in this subsection (b) must be distributed to the | ||||||
| 23 | exclusive bargaining representative at least 75 days before the | ||||||
| 24 | end of the school term, provided that the school district or | ||||||
| 25 | joint agreement may, with notice to any exclusive employee | ||||||
| 26 | representatives, move teachers from grouping one into another | ||||||
| |||||||
| |||||||
| 1 | grouping during the period of time from 75 days until 45 days | ||||||
| 2 | before the end of the school term. Each year, each board shall | ||||||
| 3 | also establish, in consultation with any exclusive employee | ||||||
| 4 | representatives, a list showing the length of continuing | ||||||
| 5 | service of each teacher who is qualified to hold any such | ||||||
| 6 | positions, unless an alternative method of determining a | ||||||
| 7 | sequence of dismissal is established as provided for in this | ||||||
| 8 | Section, in which case a list must be made in accordance with | ||||||
| 9 | the alternative method. Copies of the list must be distributed | ||||||
| 10 | to the exclusive employee representative at least 75 days | ||||||
| 11 | before the end of the school term. | ||||||
| 12 | Any teacher dismissed as a result of such decrease or | ||||||
| 13 | discontinuance must be paid all earned compensation on or | ||||||
| 14 | before the third business day following the last day of pupil | ||||||
| 15 | attendance in the regular school term. | ||||||
| 16 | If the board or joint agreement has any vacancies for the | ||||||
| 17 | following school term or within one calendar year from the | ||||||
| 18 | beginning of the following school term, the positions thereby | ||||||
| 19 | becoming available must be tendered to the teachers so removed | ||||||
| 20 | or dismissed who were in groupings 3 or 4 of the sequence of | ||||||
| 21 | dismissal and are qualified to hold the positions, based upon | ||||||
| 22 | legal qualifications and any other qualifications established | ||||||
| 23 | in a district or joint agreement job description, on or before | ||||||
| 24 | the May 10 prior to the date of the positions becoming | ||||||
| 25 | available, provided that if the number of honorable dismissal | ||||||
| 26 | notices based on economic necessity exceeds 15% of the number | ||||||
| |||||||
| |||||||
| 1 | of full-time equivalent positions filled by certified | ||||||
| 2 | employees (excluding principals and administrative personnel) | ||||||
| 3 | during the preceding school year, then the recall period is for | ||||||
| 4 | the following school term or within 2 calendar years from the | ||||||
| 5 | beginning of the following school term. If the board or joint | ||||||
| 6 | agreement has any vacancies within the period from the | ||||||
| 7 | beginning of the following school term through February 1 of | ||||||
| 8 | the following school term (unless a date later than February 1, | ||||||
| 9 | but no later than 6 months from the beginning of the following | ||||||
| 10 | school term, is established in a collective bargaining | ||||||
| 11 | agreement), the positions thereby becoming available must be | ||||||
| 12 | tendered to the teachers so removed or dismissed who were in | ||||||
| 13 | grouping 2 of the sequence of dismissal due to one "needs | ||||||
| 14 | improvement" rating on either of the teacher's last 2 | ||||||
| 15 | performance evaluation ratings, provided that, if 2 ratings are | ||||||
| 16 | available, the other performance evaluation rating used for | ||||||
| 17 | grouping purposes is "satisfactory", "proficient", or | ||||||
| 18 | "excellent", and are qualified to hold the positions, based | ||||||
| 19 | upon legal qualifications and any other qualifications | ||||||
| 20 | established in a district or joint agreement job description, | ||||||
| 21 | on or before the May 10 prior to the date of the positions | ||||||
| 22 | becoming available. On and after the effective date of this | ||||||
| 23 | amendatory Act of the 98th General Assembly, the preceding | ||||||
| 24 | sentence shall apply to teachers removed or dismissed by | ||||||
| 25 | honorable dismissal, even if notice of honorable dismissal | ||||||
| 26 | occurred during the 2013-2014 school year. Among teachers | ||||||
| |||||||
| |||||||
| 1 | eligible for recall pursuant to the preceding sentence, the | ||||||
| 2 | order of recall must be in inverse order of dismissal, unless | ||||||
| 3 | an alternative order of recall is established in a collective | ||||||
| 4 | bargaining agreement or contract between the board and a | ||||||
| 5 | professional faculty members' organization. Whenever the | ||||||
| 6 | number of honorable dismissal notices based upon economic | ||||||
| 7 | necessity exceeds 5 notices or 150% of the average number of | ||||||
| 8 | teachers honorably dismissed in the preceding 3 years, | ||||||
| 9 | whichever is more, then the school board or governing board of | ||||||
| 10 | a joint agreement, as applicable, shall also hold a public | ||||||
| 11 | hearing on the question of the dismissals. Following the | ||||||
| 12 | hearing and board review, the action to approve any such | ||||||
| 13 | reduction shall require a majority vote of the board members. | ||||||
| 14 | For purposes of this subsection (b), subject to agreement | ||||||
| 15 | on an alternative definition reached by the joint committee | ||||||
| 16 | described in subsection (c) of this Section, a teacher's | ||||||
| 17 | performance evaluation rating means the overall performance | ||||||
| 18 | evaluation rating resulting from an annual or biennial | ||||||
| 19 | performance evaluation conducted pursuant to Article 24A of | ||||||
| 20 | this Code by the school district or joint agreement determining | ||||||
| 21 | the sequence of dismissal, not including any performance | ||||||
| 22 | evaluation conducted during or at the end of a remediation | ||||||
| 23 | period. No more than one evaluation rating each school term | ||||||
| 24 | shall be one of the evaluation ratings used for the purpose of | ||||||
| 25 | determining the sequence of dismissal. Except as otherwise | ||||||
| 26 | provided in this subsection for any performance evaluations | ||||||
| |||||||
| |||||||
| 1 | conducted during or at the end of a remediation period, if | ||||||
| 2 | multiple performance evaluations are conducted in a school | ||||||
| 3 | term, only the rating from the last evaluation conducted prior | ||||||
| 4 | to establishing the sequence of honorable dismissal list in | ||||||
| 5 | such school term shall be the one evaluation rating from that | ||||||
| 6 | school term used for the purpose of determining the sequence of | ||||||
| 7 | dismissal. Averaging ratings from multiple evaluations is not | ||||||
| 8 | permitted unless otherwise agreed to in a collective bargaining | ||||||
| 9 | agreement or contract between the board and a professional | ||||||
| 10 | faculty members' organization. The preceding 3 sentences are | ||||||
| 11 | not a legislative declaration that existing law does or does | ||||||
| 12 | not already require that only one performance evaluation each | ||||||
| 13 | school term shall be used for the purpose of determining the | ||||||
| 14 | sequence of dismissal. For performance evaluation ratings | ||||||
| 15 | determined prior to September 1, 2012, any school district or | ||||||
| 16 | joint agreement with a performance evaluation rating system | ||||||
| 17 | that does not use either of the rating category systems | ||||||
| 18 | specified in subsection (d) of Section 24A-5 of this Code for | ||||||
| 19 | all teachers must establish a basis for assigning each teacher | ||||||
| 20 | a rating that complies with subsection (d) of Section 24A-5 of | ||||||
| 21 | this Code for all of the performance evaluation ratings that | ||||||
| 22 | are to be used to determine the sequence of dismissal. A | ||||||
| 23 | teacher's grouping and ranking on a sequence of honorable | ||||||
| 24 | dismissal shall be deemed a part of the teacher's performance | ||||||
| 25 | evaluation, and that information shall be disclosed to the | ||||||
| 26 | exclusive bargaining representative as part of a sequence of | ||||||
| |||||||
| |||||||
| 1 | honorable dismissal list, notwithstanding any laws prohibiting | ||||||
| 2 | disclosure of such information. A performance evaluation | ||||||
| 3 | rating may be used to determine the sequence of dismissal, | ||||||
| 4 | notwithstanding the pendency of any grievance resolution or | ||||||
| 5 | arbitration procedures relating to the performance evaluation. | ||||||
| 6 | If a teacher has received at least one performance evaluation | ||||||
| 7 | rating conducted by the school district or joint agreement | ||||||
| 8 | determining the sequence of dismissal and a subsequent | ||||||
| 9 | performance evaluation is not conducted in any school year in | ||||||
| 10 | which such evaluation is required to be conducted under Section | ||||||
| 11 | 24A-5 of this Code, the teacher's performance evaluation rating | ||||||
| 12 | for that school year for purposes of determining the sequence | ||||||
| 13 | of dismissal is deemed Proficient. If a performance evaluation | ||||||
| 14 | rating is nullified as the result of an arbitration, | ||||||
| 15 | administrative agency, or court determination, then the school | ||||||
| 16 | district or joint agreement is deemed to have conducted a | ||||||
| 17 | performance evaluation for that school year, but the | ||||||
| 18 | performance evaluation rating may not be used in determining | ||||||
| 19 | the sequence of dismissal. | ||||||
| 20 | Nothing in this subsection (b) shall be construed as | ||||||
| 21 | limiting the right of a school board or governing board of a | ||||||
| 22 | joint agreement to dismiss a teacher not in contractual | ||||||
| 23 | continued service in accordance with Section 24-11 of this | ||||||
| 24 | Code. | ||||||
| 25 | Any provisions regarding the sequence of honorable | ||||||
| 26 | dismissals and recall of honorably dismissed teachers in a | ||||||
| |||||||
| |||||||
| 1 | collective bargaining agreement entered into on or before | ||||||
| 2 | January 1, 2011 and in effect on the effective date of this | ||||||
| 3 | amendatory Act of the 97th General Assembly that may conflict | ||||||
| 4 | with this amendatory Act of the 97th General Assembly shall | ||||||
| 5 | remain in effect through the expiration of such agreement or | ||||||
| 6 | June 30, 2013, whichever is earlier. | ||||||
| 7 | (c) Each school district and special education joint | ||||||
| 8 | agreement must use a joint committee composed of equal | ||||||
| 9 | representation selected by the school board and its teachers | ||||||
| 10 | or, if applicable, the exclusive bargaining representative of | ||||||
| 11 | its teachers, to address the matters described in paragraphs | ||||||
| 12 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
| 13 | dismissals under subsection (b) of this Section. | ||||||
| 14 | (1) The joint committee must consider and may agree to | ||||||
| 15 | criteria for excluding from grouping 2 and placing into | ||||||
| 16 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
| 17 | include a Needs Improvement and either a Proficient or | ||||||
| 18 | Excellent. | ||||||
| 19 | (2) The joint committee must consider and may agree to | ||||||
| 20 | an alternative definition for grouping 4, which definition | ||||||
| 21 | must take into account prior performance evaluation | ||||||
| 22 | ratings and may take into account other factors that relate | ||||||
| 23 | to the school district's or program's educational | ||||||
| 24 | objectives. An alternative definition for grouping 4 may | ||||||
| 25 | not permit the inclusion of a teacher in the grouping with | ||||||
| 26 | a Needs Improvement or Unsatisfactory performance | ||||||
| |||||||
| |||||||
| 1 | evaluation rating on either of the teacher's last 2 | ||||||
| 2 | performance evaluation ratings. | ||||||
| 3 | (3) The joint committee may agree to including within | ||||||
| 4 | the definition of a performance evaluation rating a | ||||||
| 5 | performance evaluation rating administered by a school | ||||||
| 6 | district or joint agreement other than the school district | ||||||
| 7 | or joint agreement determining the sequence of dismissal. | ||||||
| 8 | (4) For each school district or joint agreement that | ||||||
| 9 | administers performance evaluation ratings that are | ||||||
| 10 | inconsistent with either of the rating category systems | ||||||
| 11 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
| 12 | the school district or joint agreement must consult with | ||||||
| 13 | the joint committee on the basis for assigning a rating | ||||||
| 14 | that complies with subsection (d) of Section 24A-5 of this | ||||||
| 15 | Code to each performance evaluation rating that will be | ||||||
| 16 | used in a sequence of dismissal. | ||||||
| 17 | (5) Upon request by a joint committee member submitted | ||||||
| 18 | to the employing board by no later than 10 days after the | ||||||
| 19 | distribution of the sequence of honorable dismissal list, a | ||||||
| 20 | representative of the employing board shall, within 5 days | ||||||
| 21 | after the request, provide to members of the joint | ||||||
| 22 | committee a list showing the most recent and prior | ||||||
| 23 | performance evaluation ratings of each teacher identified | ||||||
| 24 | only by length of continuing service in the district or | ||||||
| 25 | joint agreement and not by name. If, after review of this | ||||||
| 26 | list, a member of the joint committee has a good faith | ||||||
| |||||||
| |||||||
| 1 | belief that a disproportionate number of teachers with | ||||||
| 2 | greater length of continuing service with the district or | ||||||
| 3 | joint agreement have received a recent performance | ||||||
| 4 | evaluation rating lower than the prior rating, the member | ||||||
| 5 | may request that the joint committee review the list to | ||||||
| 6 | assess whether such a trend may exist. Following the joint | ||||||
| 7 | committee's review, but by no later than the end of the | ||||||
| 8 | applicable school term, the joint committee or any member | ||||||
| 9 | or members of the joint committee may submit a report of | ||||||
| 10 | the review to the employing board and exclusive bargaining | ||||||
| 11 | representative, if any. Nothing in this paragraph (5) shall | ||||||
| 12 | impact the order of honorable dismissal or a school | ||||||
| 13 | district's or joint agreement's authority to carry out a | ||||||
| 14 | dismissal in accordance with subsection (b) of this | ||||||
| 15 | Section. | ||||||
| 16 | Agreement by the joint committee as to a matter requires | ||||||
| 17 | the majority vote of all committee members, and if the joint | ||||||
| 18 | committee does not reach agreement on a matter, then the | ||||||
| 19 | otherwise applicable requirements of subsection (b) of this | ||||||
| 20 | Section shall apply. Except as explicitly set forth in this | ||||||
| 21 | subsection (c), a joint committee has no authority to agree to | ||||||
| 22 | any further modifications to the requirements for honorable | ||||||
| 23 | dismissals set forth in subsection (b) of this Section.
The | ||||||
| 24 | joint committee must be established, and the first meeting of | ||||||
| 25 | the joint committee each school year must occur on or before | ||||||
| 26 | December 1. | ||||||
| |||||||
| |||||||
| 1 | The joint committee must reach agreement on a matter on or | ||||||
| 2 | before February 1 of a school year in order for the agreement | ||||||
| 3 | of the joint committee to apply to the sequence of dismissal | ||||||
| 4 | determined during that school year. Subject to the February 1 | ||||||
| 5 | deadline for agreements, the agreement of a joint committee on | ||||||
| 6 | a matter shall apply to the sequence of dismissal until the | ||||||
| 7 | agreement is amended or terminated by the joint committee. | ||||||
| 8 | (d) Notwithstanding anything to the contrary in this | ||||||
| 9 | subsection (d), the requirements and dismissal procedures of | ||||||
| 10 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
| 11 | sought under Section 24-16.5 of this Code. | ||||||
| 12 | (1) If a dismissal of a teacher in contractual | ||||||
| 13 | continued service is sought for any reason or cause other | ||||||
| 14 | than an honorable dismissal under subsections (a) or (b) of | ||||||
| 15 | this Section or a dismissal sought under Section 24-16.5 of | ||||||
| 16 | this Code,
including those under Section 10-22.4, the board | ||||||
| 17 | must first approve a
motion containing specific charges by | ||||||
| 18 | a majority vote of all its
members. Written notice of such | ||||||
| 19 | charges, including a bill of particulars and the teacher's | ||||||
| 20 | right to request a hearing, must be mailed to the teacher | ||||||
| 21 | and also given to the teacher either by certified mail, | ||||||
| 22 | return receipt requested, or personal delivery with | ||||||
| 23 | receipt
within 5 days of the adoption of the motion. Any | ||||||
| 24 | written notice sent on or after July 1, 2012 shall inform | ||||||
| 25 | the teacher of the right to request a hearing before a | ||||||
| 26 | mutually selected hearing officer, with the cost of the | ||||||
| |||||||
| |||||||
| 1 | hearing officer split equally between the teacher and the | ||||||
| 2 | board, or a hearing before a board-selected hearing | ||||||
| 3 | officer, with the cost of the hearing officer paid by the | ||||||
| 4 | board. | ||||||
| 5 | Before setting a hearing on charges stemming from | ||||||
| 6 | causes that are considered remediable, a board must give | ||||||
| 7 | the teacher reasonable warning in writing, stating | ||||||
| 8 | specifically the causes that, if not removed, may result in | ||||||
| 9 | charges; however, no such written warning is required if | ||||||
| 10 | the causes have been the subject of a remediation plan | ||||||
| 11 | pursuant to Article 24A of this Code. | ||||||
| 12 | If, in the opinion of the board, the interests of the | ||||||
| 13 | school require it, the board may suspend the teacher | ||||||
| 14 | without pay, pending the hearing, but if the board's | ||||||
| 15 | dismissal or removal is not sustained, the teacher shall | ||||||
| 16 | not suffer the loss of any salary or benefits by reason of | ||||||
| 17 | the suspension. | ||||||
| 18 | (2) No hearing upon the charges is required unless the
| ||||||
| 19 | teacher within 17 days after receiving notice requests in | ||||||
| 20 | writing of the
board that a hearing be scheduled before a | ||||||
| 21 | mutually selected hearing officer or a hearing officer | ||||||
| 22 | selected by the board.
The secretary of the school board | ||||||
| 23 | shall forward a copy of the notice to the
State Board of | ||||||
| 24 | Education. | ||||||
| 25 | (3) Within 5 business days after receiving a notice of
| ||||||
| 26 | hearing in which either notice to the teacher was sent | ||||||
| |||||||
| |||||||
| 1 | before July 1, 2012 or, if the notice was sent on or after | ||||||
| 2 | July 1, 2012, the teacher has requested a hearing before a | ||||||
| 3 | mutually selected hearing officer, the State Board of | ||||||
| 4 | Education shall provide a list of 5
prospective, impartial | ||||||
| 5 | hearing officers from the master list of qualified, | ||||||
| 6 | impartial hearing officers maintained by the State Board of | ||||||
| 7 | Education. Each person on the master list must (i) be
| ||||||
| 8 | accredited by a national arbitration organization and have | ||||||
| 9 | had a minimum of 5
years of experience directly related to | ||||||
| 10 | labor and employment
relations matters between employers | ||||||
| 11 | and employees or
their exclusive bargaining | ||||||
| 12 | representatives and (ii) beginning September 1, 2012, have | ||||||
| 13 | participated in training provided or approved by the State | ||||||
| 14 | Board of Education for teacher dismissal hearing officers | ||||||
| 15 | so that he or she is familiar with issues generally | ||||||
| 16 | involved in evaluative and non-evaluative dismissals. | ||||||
| 17 | If notice to the teacher was sent before July 1, 2012 | ||||||
| 18 | or, if the notice was sent on or after July 1, 2012, the | ||||||
| 19 | teacher has requested a hearing before a mutually selected | ||||||
| 20 | hearing officer, the board and the teacher or their
legal | ||||||
| 21 | representatives within 3 business days shall alternately | ||||||
| 22 | strike one name from
the list provided by the State Board | ||||||
| 23 | of Education until only one name remains. Unless waived by | ||||||
| 24 | the teacher, the
teacher shall have the right to
proceed | ||||||
| 25 | first with the striking.
Within 3 business days of receipt | ||||||
| 26 | of the list provided by the State Board of
Education, the | ||||||
| |||||||
| |||||||
| 1 | board and the teacher or their legal representatives shall | ||||||
| 2 | each
have the right to reject all prospective hearing | ||||||
| 3 | officers named on the
list and notify the State Board of | ||||||
| 4 | Education of such rejection. Within 3 business days after | ||||||
| 5 | receiving this notification, the State
Board of Education | ||||||
| 6 | shall appoint a qualified person from the master list who | ||||||
| 7 | did not appear on the list sent to the parties to serve as | ||||||
| 8 | the hearing officer, unless the parties notify it that they | ||||||
| 9 | have chosen to alternatively select a hearing officer under | ||||||
| 10 | paragraph (4) of this subsection (d). | ||||||
| 11 | If the teacher has requested a hearing before a hearing | ||||||
| 12 | officer selected by the board, the board shall select one | ||||||
| 13 | name from the master list of qualified impartial hearing | ||||||
| 14 | officers maintained by the State Board of Education within | ||||||
| 15 | 3 business days after receipt and shall notify the State | ||||||
| 16 | Board of Education of its selection. | ||||||
| 17 | A hearing officer mutually selected by the parties, | ||||||
| 18 | selected by the board, or selected through an alternative | ||||||
| 19 | selection process under paragraph (4) of this subsection | ||||||
| 20 | (d) (A) must not be a resident of the school district, (B) | ||||||
| 21 | must be available to commence the hearing within 75 days | ||||||
| 22 | and conclude the hearing within 120 days after being | ||||||
| 23 | selected as the hearing officer, and (C) must issue a | ||||||
| 24 | decision as to whether the teacher must be dismissed and | ||||||
| 25 | give a copy of that decision to both the teacher and the | ||||||
| 26 | board within 30 days from the conclusion of the hearing or | ||||||
| |||||||
| |||||||
| 1 | closure of the record, whichever is later. | ||||||
| 2 | (4) In the alternative
to selecting a hearing officer | ||||||
| 3 | from the list received from the
State Board of Education or | ||||||
| 4 | accepting the appointment of a hearing officer by the State | ||||||
| 5 | Board of Education or if the State Board of Education | ||||||
| 6 | cannot provide a list or appoint a hearing officer that | ||||||
| 7 | meets the foregoing requirements, the board and the teacher | ||||||
| 8 | or their legal
representatives may mutually agree to select | ||||||
| 9 | an impartial hearing officer who
is not on the master list | ||||||
| 10 | either by direct
appointment by the parties or by using | ||||||
| 11 | procedures for the appointment of an
arbitrator | ||||||
| 12 | established by the Federal Mediation and Conciliation | ||||||
| 13 | Service or the
American Arbitration Association. The | ||||||
| 14 | parties shall notify the State Board of
Education of their | ||||||
| 15 | intent to select a hearing officer using an alternative
| ||||||
| 16 | procedure within 3 business days of receipt of a list of | ||||||
| 17 | prospective hearing officers
provided by the State Board of | ||||||
| 18 | Education, notice of appointment of a hearing officer by | ||||||
| 19 | the State Board of Education, or receipt of notice from the | ||||||
| 20 | State Board of Education that it cannot provide a list that | ||||||
| 21 | meets the foregoing requirements, whichever is later. | ||||||
| 22 | (5) If the notice of dismissal was sent to the teacher | ||||||
| 23 | before July 1, 2012, the fees and costs for the hearing | ||||||
| 24 | officer must be paid by the State Board of Education. If | ||||||
| 25 | the notice of dismissal was sent to the teacher on or after | ||||||
| 26 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
| |||||||
| |||||||
| 1 | paid as follows in this paragraph (5). The fees and | ||||||
| 2 | permissible costs for the hearing officer must be | ||||||
| 3 | determined by the State Board of Education. If the board | ||||||
| 4 | and the teacher or their legal representatives mutually | ||||||
| 5 | agree to select an impartial hearing officer who is not on | ||||||
| 6 | a list received from the State Board of Education, they may | ||||||
| 7 | agree to supplement the fees determined by the State Board | ||||||
| 8 | to the hearing officer, at a rate consistent with the | ||||||
| 9 | hearing officer's published professional fees. If the | ||||||
| 10 | hearing officer is mutually selected by the parties, then | ||||||
| 11 | the board and the teacher or their legal representatives | ||||||
| 12 | shall each pay 50% of the fees and costs and any | ||||||
| 13 | supplemental allowance to which they agree. If the hearing | ||||||
| 14 | officer is selected by the board, then the board shall pay | ||||||
| 15 | 100% of the hearing officer's fees and costs. The fees and | ||||||
| 16 | costs must be paid to the hearing officer within 14 days | ||||||
| 17 | after the board and the teacher or their legal | ||||||
| 18 | representatives receive the hearing officer's decision set | ||||||
| 19 | forth in paragraph (7) of this subsection (d). | ||||||
| 20 | (6) The teacher is required to answer the bill of | ||||||
| 21 | particulars and aver affirmative matters in his or her | ||||||
| 22 | defense, and the time for initially doing so and the time | ||||||
| 23 | for updating such answer and defenses after pre-hearing | ||||||
| 24 | discovery must be set by the hearing officer.
The State | ||||||
| 25 | Board of Education shall
promulgate rules so that each | ||||||
| 26 | party has a fair opportunity to present its case and to | ||||||
| |||||||
| |||||||
| 1 | ensure that the dismissal process proceeds in a fair and | ||||||
| 2 | expeditious manner. These rules shall address, without | ||||||
| 3 | limitation, discovery and hearing scheduling conferences; | ||||||
| 4 | the teacher's initial answer and affirmative defenses to | ||||||
| 5 | the bill of particulars and the updating of that | ||||||
| 6 | information after pre-hearing discovery; provision for | ||||||
| 7 | written interrogatories and requests for production of | ||||||
| 8 | documents; the requirement that each party initially | ||||||
| 9 | disclose to the other party and then update the disclosure | ||||||
| 10 | no later than 10 calendar days prior to the commencement of | ||||||
| 11 | the hearing, the names and addresses of persons who may be | ||||||
| 12 | called as
witnesses at the hearing, a summary of the facts | ||||||
| 13 | or opinions each witness will testify to, and all other
| ||||||
| 14 | documents and materials, including information maintained | ||||||
| 15 | electronically, relevant to its own as well as the other | ||||||
| 16 | party's case (the hearing officer may exclude witnesses and | ||||||
| 17 | exhibits not identified and shared, except those offered in | ||||||
| 18 | rebuttal for which the party could not reasonably have | ||||||
| 19 | anticipated prior to the hearing); pre-hearing discovery | ||||||
| 20 | and preparation, including provision for written | ||||||
| 21 | interrogatories and requests for production of documents, | ||||||
| 22 | provided that discovery depositions are prohibited; the | ||||||
| 23 | conduct of the hearing; the right of each party to be | ||||||
| 24 | represented by counsel, the offer of evidence and witnesses | ||||||
| 25 | and the cross-examination of witnesses; the authority of | ||||||
| 26 | the hearing officer to issue subpoenas and subpoenas duces | ||||||
| |||||||
| |||||||
| 1 | tecum, provided that the hearing officer may limit the | ||||||
| 2 | number of witnesses to be subpoenaed on behalf of each | ||||||
| 3 | party to no more than 7; the length of post-hearing briefs; | ||||||
| 4 | and the form, length, and content of hearing officers' | ||||||
| 5 | decisions. The hearing officer
shall hold a hearing and | ||||||
| 6 | render a final decision for dismissal pursuant to Article | ||||||
| 7 | 24A of this Code or shall report to the school board | ||||||
| 8 | findings of fact and a recommendation as to whether or not | ||||||
| 9 | the teacher must be dismissed for conduct. The hearing | ||||||
| 10 | officer shall commence the hearing within 75 days and | ||||||
| 11 | conclude the hearing within 120 days after being selected | ||||||
| 12 | as the hearing officer, provided that the hearing officer | ||||||
| 13 | may modify these timelines upon the showing of good cause | ||||||
| 14 | or mutual agreement of the parties. Good cause for the | ||||||
| 15 | purpose of this subsection (d) shall mean the illness or | ||||||
| 16 | otherwise unavoidable emergency of the teacher, district | ||||||
| 17 | representative, their legal representatives, the hearing | ||||||
| 18 | officer, or an essential witness as indicated in each | ||||||
| 19 | party's pre-hearing submission. In a dismissal hearing | ||||||
| 20 | pursuant to Article 24A of this Code, the hearing officer | ||||||
| 21 | shall consider and give weight to all of the teacher's | ||||||
| 22 | evaluations written pursuant to Article 24A that are | ||||||
| 23 | relevant to the issues in the hearing. | ||||||
| 24 | Each party shall have no more than 3 days to present | ||||||
| 25 | its case, unless extended by the hearing officer to enable | ||||||
| 26 | a party to present adequate evidence and testimony, | ||||||
| |||||||
| |||||||
| 1 | including due to the other party's cross-examination of the | ||||||
| 2 | party's witnesses, for good cause or by mutual agreement of | ||||||
| 3 | the parties. The State Board of Education shall define in | ||||||
| 4 | rules the meaning of "day" for such purposes. All testimony | ||||||
| 5 | at the hearing shall be taken under oath
administered by | ||||||
| 6 | the hearing officer. The hearing officer shall cause a
| ||||||
| 7 | record of the proceedings to be kept and shall employ a | ||||||
| 8 | competent reporter
to take stenographic or stenotype notes | ||||||
| 9 | of all the testimony. The costs of
the reporter's | ||||||
| 10 | attendance and services at the hearing shall be paid by the | ||||||
| 11 | party or parties who are responsible for paying the fees | ||||||
| 12 | and costs of the hearing officer. Either party desiring a | ||||||
| 13 | transcript of the hearing
shall pay for the cost thereof. | ||||||
| 14 | Any post-hearing briefs must be submitted by the parties by | ||||||
| 15 | no later than 21 days after a party's receipt of the | ||||||
| 16 | transcript of the hearing, unless extended by the hearing | ||||||
| 17 | officer for good cause or by mutual agreement of the | ||||||
| 18 | parties. | ||||||
| 19 | (7) The hearing officer shall, within 30 days from the | ||||||
| 20 | conclusion of the
hearing or closure of the record, | ||||||
| 21 | whichever is later,
make a decision as to whether or not | ||||||
| 22 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
| 23 | this Code or report to the school board findings of fact | ||||||
| 24 | and a recommendation as to whether or not the teacher shall | ||||||
| 25 | be dismissed for cause and
shall give a copy of the | ||||||
| 26 | decision or findings of fact and recommendation to both the | ||||||
| |||||||
| |||||||
| 1 | teacher and the school
board.
If a hearing officer fails
| ||||||
| 2 | without good cause, specifically provided in writing to | ||||||
| 3 | both parties and the State Board of Education, to render a | ||||||
| 4 | decision or findings of fact and recommendation within 30 | ||||||
| 5 | days after the hearing is
concluded or the
record is | ||||||
| 6 | closed, whichever is later,
the
parties may mutually agree | ||||||
| 7 | to select a hearing officer pursuant to the
alternative
| ||||||
| 8 | procedure, as provided in this Section,
to rehear the | ||||||
| 9 | charges heard by the hearing officer who failed to render a
| ||||||
| 10 | decision or findings of fact and recommendation or to | ||||||
| 11 | review the record and render a decision.
If any hearing
| ||||||
| 12 | officer fails without good cause, specifically provided in | ||||||
| 13 | writing to both parties and the State Board of Education, | ||||||
| 14 | to render a decision or findings of fact and recommendation | ||||||
| 15 | within 30 days after the
hearing is concluded or the record | ||||||
| 16 | is closed, whichever is later, the hearing
officer shall be | ||||||
| 17 | removed
from the master
list of hearing officers maintained | ||||||
| 18 | by the State Board of Education for not more than 24 | ||||||
| 19 | months. The parties and the State Board of Education may | ||||||
| 20 | also take such other actions as it deems appropriate, | ||||||
| 21 | including recovering, reducing, or withholding any fees | ||||||
| 22 | paid or to be paid to the hearing officer. If any hearing | ||||||
| 23 | officer repeats such failure, he or she must be permanently | ||||||
| 24 | removed from the master list maintained by the State Board | ||||||
| 25 | of Education and may not be selected by parties through the | ||||||
| 26 | alternative selection process under this paragraph (7) or | ||||||
| |||||||
| |||||||
| 1 | paragraph (4) of this subsection (d).
The board shall not | ||||||
| 2 | lose jurisdiction to discharge a teacher if the hearing
| ||||||
| 3 | officer fails to render a decision or findings of fact and | ||||||
| 4 | recommendation within the time specified in this
Section. | ||||||
| 5 | If the decision of the hearing officer for dismissal | ||||||
| 6 | pursuant to Article 24A of this Code or of the school board | ||||||
| 7 | for dismissal for cause is in favor of the teacher, then | ||||||
| 8 | the hearing officer or school board shall order | ||||||
| 9 | reinstatement to the same or substantially equivalent | ||||||
| 10 | position and shall determine the amount for which the | ||||||
| 11 | school board is liable, including, but not limited to, loss | ||||||
| 12 | of income and benefits. | ||||||
| 13 | (8) The school board, within 45 days after receipt of | ||||||
| 14 | the hearing officer's findings of fact and recommendation | ||||||
| 15 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
| 16 | conduct that did occur was remediable, and (iii) the | ||||||
| 17 | proposed dismissal should be sustained, shall issue a | ||||||
| 18 | written order as to whether the teacher must be retained or | ||||||
| 19 | dismissed for cause from its employ. The school board's | ||||||
| 20 | written order shall incorporate the hearing officer's | ||||||
| 21 | findings of fact, except that the school board may modify | ||||||
| 22 | or supplement the findings of fact if, in its opinion, the | ||||||
| 23 | findings of fact are against the manifest weight of the | ||||||
| 24 | evidence. | ||||||
| 25 | If the school board dismisses the teacher | ||||||
| 26 | notwithstanding the hearing officer's findings of fact and | ||||||
| |||||||
| |||||||
| 1 | recommendation, the school board shall make a conclusion in | ||||||
| 2 | its written order, giving its reasons therefor, and such | ||||||
| 3 | conclusion and reasons must be included in its written | ||||||
| 4 | order. The failure of the school board to strictly adhere | ||||||
| 5 | to the timelines contained in this Section shall not render | ||||||
| 6 | it without jurisdiction to dismiss the teacher. The school | ||||||
| 7 | board shall not lose jurisdiction to discharge the teacher | ||||||
| 8 | for cause if the hearing officer fails to render a | ||||||
| 9 | recommendation within the time specified in this Section. | ||||||
| 10 | The decision of the school board is final, unless reviewed | ||||||
| 11 | as provided in paragraph (9) of this subsection (d). | ||||||
| 12 | If the school board retains the teacher, the school | ||||||
| 13 | board shall enter a written order stating the amount of | ||||||
| 14 | back pay and lost benefits, less mitigation, to be paid to | ||||||
| 15 | the teacher, within 45 days after its retention order. | ||||||
| 16 | Should the teacher object to the amount of the back pay and | ||||||
| 17 | lost benefits or amount mitigated, the teacher shall give | ||||||
| 18 | written objections to the amount within 21 days. If the | ||||||
| 19 | parties fail to reach resolution within 7 days, the dispute | ||||||
| 20 | shall be referred to the hearing officer, who shall | ||||||
| 21 | consider the school board's written order and teacher's | ||||||
| 22 | written objection and determine the amount to which the | ||||||
| 23 | school board is liable. The costs of the hearing officer's | ||||||
| 24 | review and determination must be paid by the board. | ||||||
| 25 | (9)
The decision of the hearing officer pursuant to | ||||||
| 26 | Article 24A of this Code or of the school board's decision | ||||||
| |||||||
| |||||||
| 1 | to dismiss for cause is final unless reviewed as
provided | ||||||
| 2 | in Section 24-16 of this Act. If the school board's | ||||||
| 3 | decision to dismiss for cause is contrary to the hearing | ||||||
| 4 | officer's recommendation, the court on review shall give | ||||||
| 5 | consideration to the school board's decision and its | ||||||
| 6 | supplemental findings of fact, if applicable, and the | ||||||
| 7 | hearing officer's findings of fact and recommendation in | ||||||
| 8 | making its decision. In the event such review is
| ||||||
| 9 | instituted, the school board shall be responsible for | ||||||
| 10 | preparing and filing the record of proceedings, and such | ||||||
| 11 | costs associated therewith must be divided equally between | ||||||
| 12 | the parties.
| ||||||
| 13 | (10) If a decision of the hearing officer for dismissal | ||||||
| 14 | pursuant to Article 24A of this Code or of the school board | ||||||
| 15 | for dismissal for cause is adjudicated upon review or
| ||||||
| 16 | appeal in favor of the teacher, then the trial court shall | ||||||
| 17 | order
reinstatement and shall remand the matter to the | ||||||
| 18 | school board with direction for entry of an order setting | ||||||
| 19 | the amount of back pay, lost benefits, and costs, less | ||||||
| 20 | mitigation. The teacher may challenge the school board's | ||||||
| 21 | order setting the amount of back pay, lost benefits, and | ||||||
| 22 | costs, less mitigation, through an expedited arbitration | ||||||
| 23 | procedure, with the costs of the arbitrator borne by the | ||||||
| 24 | school board.
| ||||||
| 25 | Any teacher who is reinstated by any hearing or | ||||||
| 26 | adjudication brought
under this Section shall be assigned | ||||||
| |||||||
| |||||||
| 1 | by the board to a position
substantially similar to the one | ||||||
| 2 | which that teacher held prior to that
teacher's suspension | ||||||
| 3 | or dismissal.
| ||||||
| 4 | (11) Subject to any later effective date referenced in | ||||||
| 5 | this Section for a specific aspect of the dismissal | ||||||
| 6 | process, the changes made by Public Act 97-8 this | ||||||
| 7 | amendatory Act of the 97th General Assembly shall apply to | ||||||
| 8 | dismissals instituted on or after September 1, 2011. Any | ||||||
| 9 | dismissal instituted prior to September 1, 2011 must be | ||||||
| 10 | carried out in accordance with the requirements of this | ||||||
| 11 | Section prior to amendment by Public Act 97-8 this | ||||||
| 12 | amendatory Act of 97th General Assembly.
| ||||||
| 13 | (e) Nothing contained in this amendatory Act of the 98th | ||||||
| 14 | General Assembly repeals, supersedes, invalidates, or | ||||||
| 15 | nullifies final decisions in lawsuits pending on the effective | ||||||
| 16 | date of this amendatory Act of the 98th General Assembly in | ||||||
| 17 | Illinois courts involving the interpretation of Public Act | ||||||
| 18 | 97-8. | ||||||
| 19 | (Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14; 98-648, | ||||||
| 20 | eff. 7-1-14; revised 12-1-14.)
| ||||||
| 21 | (105 ILCS 5/27-23.7) | ||||||
| 22 | Sec. 27-23.7. Bullying prevention. | ||||||
| 23 | (a) The General Assembly finds that a safe and civil school | ||||||
| 24 | environment is necessary for students to learn and achieve and | ||||||
| 25 | that bullying causes physical, psychological, and emotional | ||||||
| |||||||
| |||||||
| 1 | harm to students and interferes with students' ability to learn | ||||||
| 2 | and participate in school activities. The General Assembly | ||||||
| 3 | further finds that bullying has been linked to other forms of | ||||||
| 4 | antisocial behavior, such as vandalism, shoplifting, skipping | ||||||
| 5 | and dropping out of school, fighting, using drugs and alcohol, | ||||||
| 6 | sexual harassment, and sexual violence. Because of the negative | ||||||
| 7 | outcomes associated with bullying in schools, the General | ||||||
| 8 | Assembly finds that school districts, charter schools, and | ||||||
| 9 | non-public, non-sectarian elementary and secondary schools | ||||||
| 10 | should educate students, parents, and school district, charter | ||||||
| 11 | school, or non-public, non-sectarian elementary or secondary | ||||||
| 12 | school personnel about what behaviors constitute prohibited | ||||||
| 13 | bullying. | ||||||
| 14 | Bullying on the basis of actual or perceived race, color, | ||||||
| 15 | religion, sex, national origin, ancestry, age, marital status, | ||||||
| 16 | physical or mental disability, military status, sexual | ||||||
| 17 | orientation, gender-related identity or expression, | ||||||
| 18 | unfavorable discharge from military service, association with | ||||||
| 19 | a person or group with one or more of the aforementioned actual | ||||||
| 20 | or perceived characteristics, or any other distinguishing | ||||||
| 21 | characteristic is prohibited in all school districts, charter | ||||||
| 22 | schools, and non-public, non-sectarian elementary and | ||||||
| 23 | secondary schools.
No student shall be subjected to bullying: | ||||||
| 24 | (1) during any school-sponsored education program or | ||||||
| 25 | activity; | ||||||
| 26 | (2) while in school, on school property, on school | ||||||
| |||||||
| |||||||
| 1 | buses or other school vehicles, at designated school bus | ||||||
| 2 | stops waiting for the school bus, or at school-sponsored or | ||||||
| 3 | school-sanctioned events or activities; | ||||||
| 4 | (3) through the transmission of information from a | ||||||
| 5 | school computer, a school computer network, or other | ||||||
| 6 | similar electronic school equipment; or | ||||||
| 7 | (4) through the transmission of information from a | ||||||
| 8 | computer that is accessed at a nonschool-related location, | ||||||
| 9 | activity, function, or program or from the use of | ||||||
| 10 | technology or an electronic device that is not owned, | ||||||
| 11 | leased, or used by a school district or school if the | ||||||
| 12 | bullying causes a substantial disruption to the | ||||||
| 13 | educational process or orderly operation of a school. This | ||||||
| 14 | item (4) applies only in cases in which a school | ||||||
| 15 | administrator or teacher receives a report that bullying | ||||||
| 16 | through this means has occurred and does not require a | ||||||
| 17 | district or school to staff or monitor any | ||||||
| 18 | nonschool-related activity, function, or program. | ||||||
| 19 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
| 20 | any right to exercise free expression or the free exercise of | ||||||
| 21 | religion or religiously based views protected under the First | ||||||
| 22 | Amendment to the United States Constitution or under Section 3 | ||||||
| 23 | of Article I of the Illinois Constitution. | ||||||
| 24 | (b) In this Section:
| ||||||
| 25 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
| 26 | or pervasive physical or verbal act or conduct, including | ||||||
| |||||||
| |||||||
| 1 | communications made in writing or electronically, directed | ||||||
| 2 | toward a student or students that has or can be reasonably | ||||||
| 3 | predicted to have the effect of one or more of the following: | ||||||
| 4 | (1) placing the student or students in reasonable fear | ||||||
| 5 | of harm to the student's or students' person or property; | ||||||
| 6 | (2) causing a substantially detrimental effect on the | ||||||
| 7 | student's or students' physical or mental health; | ||||||
| 8 | (3) substantially interfering with the student's or | ||||||
| 9 | students' academic performance; or | ||||||
| 10 | (4) substantially interfering with the student's or | ||||||
| 11 | students' ability to participate in or benefit from the | ||||||
| 12 | services, activities, or privileges provided by a school. | ||||||
| 13 | Bullying, as defined in this subsection (b), may take | ||||||
| 14 | various forms, including without limitation one or more of the | ||||||
| 15 | following: harassment, threats, intimidation, stalking, | ||||||
| 16 | physical violence, sexual harassment, sexual violence, theft, | ||||||
| 17 | public humiliation, destruction of property, or retaliation | ||||||
| 18 | for asserting or alleging an act of bullying. This list is | ||||||
| 19 | meant to be illustrative and non-exhaustive. | ||||||
| 20 | "Cyber-bullying" means bullying through the use of | ||||||
| 21 | technology or any electronic communication, including without | ||||||
| 22 | limitation any transfer of signs, signals, writing, images, | ||||||
| 23 | sounds, data, or intelligence of any nature transmitted in | ||||||
| 24 | whole or in part by a wire, radio, electromagnetic system, | ||||||
| 25 | photoelectronic system, or photooptical system, including | ||||||
| 26 | without limitation electronic mail, Internet communications, | ||||||
| |||||||
| |||||||
| 1 | instant messages, or facsimile communications. | ||||||
| 2 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
| 3 | in which the creator assumes the identity of another person or | ||||||
| 4 | the knowing impersonation of another person as the author of | ||||||
| 5 | posted content or messages if the creation or impersonation | ||||||
| 6 | creates any of the effects enumerated in the definition of | ||||||
| 7 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
| 8 | distribution by electronic means of a communication to more | ||||||
| 9 | than one person or the posting of material on an electronic | ||||||
| 10 | medium that may be accessed by one or more persons if the | ||||||
| 11 | distribution or posting creates any of the effects enumerated | ||||||
| 12 | in the definition of bullying in this Section. | ||||||
| 13 | "Policy on bullying" means a bullying prevention policy | ||||||
| 14 | that meets the following criteria: | ||||||
| 15 | (1) Includes the bullying definition provided in this | ||||||
| 16 | Section. | ||||||
| 17 | (2) Includes a statement that bullying is contrary to | ||||||
| 18 | State law and the policy of the school district, charter | ||||||
| 19 | school, or non-public, non-sectarian elementary or | ||||||
| 20 | secondary school and is consistent with subsection (a-5) of | ||||||
| 21 | this Section. | ||||||
| 22 | (3) Includes procedures for promptly reporting | ||||||
| 23 | bullying, including, but not limited to, identifying and | ||||||
| 24 | providing the school e-mail address (if applicable) and | ||||||
| 25 | school telephone number for the staff person or persons | ||||||
| 26 | responsible for receiving such reports and a procedure for | ||||||
| |||||||
| |||||||
| 1 | anonymous reporting; however, this shall not be construed | ||||||
| 2 | to permit formal disciplinary action solely on the basis of | ||||||
| 3 | an anonymous report. | ||||||
| 4 | (4) Consistent with federal and State laws and rules | ||||||
| 5 | governing student privacy rights, includes procedures for | ||||||
| 6 | promptly informing parents or guardians of all students | ||||||
| 7 | involved in the alleged incident of bullying and | ||||||
| 8 | discussing, as appropriate, the availability of social | ||||||
| 9 | work services, counseling, school psychological services, | ||||||
| 10 | other interventions, and restorative measures. | ||||||
| 11 | (5) Contains procedures for promptly investigating and | ||||||
| 12 | addressing reports of bullying, including the following: | ||||||
| 13 | (A) Making all reasonable efforts to complete the | ||||||
| 14 | investigation within 10 school days after the date the | ||||||
| 15 | report of the incident of bullying was received and | ||||||
| 16 | taking into consideration additional relevant | ||||||
| 17 | information received during the course of the | ||||||
| 18 | investigation about the reported incident of bullying. | ||||||
| 19 | (B) Involving appropriate school support personnel | ||||||
| 20 | and other staff persons with knowledge, experience, | ||||||
| 21 | and training on bullying prevention, as deemed | ||||||
| 22 | appropriate, in the investigation process. | ||||||
| 23 | (C) Notifying the principal or school | ||||||
| 24 | administrator or his or her designee of the report of | ||||||
| 25 | the incident of bullying as soon as possible after the | ||||||
| 26 | report is received. | ||||||
| |||||||
| |||||||
| 1 | (D) Consistent with federal and State laws and | ||||||
| 2 | rules governing student privacy rights, providing | ||||||
| 3 | parents and guardians of the students who are parties | ||||||
| 4 | to the investigation information about the | ||||||
| 5 | investigation and an opportunity to meet with the | ||||||
| 6 | principal or school administrator or his or her | ||||||
| 7 | designee to discuss the investigation, the findings of | ||||||
| 8 | the investigation, and the actions taken to address the | ||||||
| 9 | reported incident of bullying. | ||||||
| 10 | (6) Includes the interventions that can be taken to | ||||||
| 11 | address bullying, which may include, but are not limited | ||||||
| 12 | to, school social work services, restorative measures, | ||||||
| 13 | social-emotional skill building, counseling, school | ||||||
| 14 | psychological services, and community-based services. | ||||||
| 15 | (7) Includes a statement prohibiting reprisal or | ||||||
| 16 | retaliation against any person who reports an act of | ||||||
| 17 | bullying and the consequences and appropriate remedial | ||||||
| 18 | actions for a person who engages in reprisal or | ||||||
| 19 | retaliation. | ||||||
| 20 | (8) Includes consequences and appropriate remedial | ||||||
| 21 | actions for a person found to have falsely accused another | ||||||
| 22 | of bullying as a means of retaliation or as a means of | ||||||
| 23 | bullying. | ||||||
| 24 | (9) Is based on the engagement of a range of school | ||||||
| 25 | stakeholders, including students and parents or guardians. | ||||||
| 26 | (10) Is posted on the school district's, charter
| ||||||
| |||||||
| |||||||
| 1 | school's, or non-public, non-sectarian elementary or
| ||||||
| 2 | secondary school's existing Internet website and is
| ||||||
| 3 | included in the student handbook, and, where applicable,
| ||||||
| 4 | posted where other policies, rules, and standards of
| ||||||
| 5 | conduct are currently posted in the school, and is
| ||||||
| 6 | distributed annually to parents, guardians, students, and
| ||||||
| 7 | school personnel, including new employees when hired. | ||||||
| 8 | (11) As part of the process of reviewing and | ||||||
| 9 | re-evaluating the policy under subsection (d) of this | ||||||
| 10 | Section, contains a policy evaluation process to assess the | ||||||
| 11 | outcomes and effectiveness of the policy that includes, but | ||||||
| 12 | is not limited to, factors such as the frequency of | ||||||
| 13 | victimization; student, staff, and family observations of | ||||||
| 14 | safety at a school; identification of areas of a school | ||||||
| 15 | where bullying occurs; the types of bullying utilized; and | ||||||
| 16 | bystander intervention or participation. The school | ||||||
| 17 | district, charter school, or non-public, non-sectarian | ||||||
| 18 | elementary or secondary school may use relevant data and | ||||||
| 19 | information it already collects for other purposes in the | ||||||
| 20 | policy evaluation. The information developed as a result of | ||||||
| 21 | the policy evaluation must be made available on the | ||||||
| 22 | Internet website of the school district, charter school, or | ||||||
| 23 | non-public, non-sectarian elementary or secondary school. | ||||||
| 24 | If an Internet website is not available, the information | ||||||
| 25 | must be provided to school administrators, school board | ||||||
| 26 | members, school personnel, parents, guardians, and | ||||||
| |||||||
| |||||||
| 1 | students. | ||||||
| 2 | (12) Is consistent with the policies of the school | ||||||
| 3 | board, charter school, or non-public, non-sectarian | ||||||
| 4 | elementary or secondary school. | ||||||
| 5 | "Restorative measures" means a continuum of school-based | ||||||
| 6 | alternatives to exclusionary discipline, such as suspensions | ||||||
| 7 | and expulsions, that: (i) are adapted to the particular needs | ||||||
| 8 | of the school and community, (ii) contribute to maintaining | ||||||
| 9 | school safety, (iii) protect the integrity of a positive and | ||||||
| 10 | productive learning climate, (iv) teach students the personal | ||||||
| 11 | and interpersonal skills they will need to be successful in | ||||||
| 12 | school and society, (v) serve to build and restore | ||||||
| 13 | relationships among students, families, schools, and | ||||||
| 14 | communities, and (vi) reduce the likelihood of future | ||||||
| 15 | disruption by balancing accountability with an understanding | ||||||
| 16 | of students' behavioral health needs in order to keep students | ||||||
| 17 | in school. | ||||||
| 18 | "School personnel" means persons employed by, on contract | ||||||
| 19 | with, or who volunteer in a school district, charter school | ||||||
| 20 | schools, or non-public, non-sectarian elementary or secondary | ||||||
| 21 | school, including without limitation school and school | ||||||
| 22 | district administrators, teachers, school guidance counselors, | ||||||
| 23 | school social workers, school counselors, school | ||||||
| 24 | psychologists, school nurses, cafeteria workers, custodians, | ||||||
| 25 | bus drivers, school resource officers, and security guards. | ||||||
| 26 | (c) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (d) Each school district, charter school, and non-public, | ||||||
| 2 | non-sectarian elementary or secondary school shall create, | ||||||
| 3 | maintain, and implement a policy on bullying, which policy must | ||||||
| 4 | be filed with the State Board of Education. The policy or | ||||||
| 5 | implementing procedure shall include a process to investigate | ||||||
| 6 | whether a reported act of bullying is within the permissible | ||||||
| 7 | scope of the district's or school's jurisdiction and shall | ||||||
| 8 | require that the district or school provide the victim with | ||||||
| 9 | information regarding services that are available within the | ||||||
| 10 | district and community, such as counseling, support services, | ||||||
| 11 | and other programs. Every 2 years, each school district, | ||||||
| 12 | charter school, and non-public, non-sectarian elementary or | ||||||
| 13 | secondary school shall conduct a review and re-evaluation of | ||||||
| 14 | its policy and make any necessary and appropriate revisions. | ||||||
| 15 | The policy must be filed with the State Board of Education | ||||||
| 16 | after being updated. The State Board of Education shall monitor | ||||||
| 17 | and provide technical support for the implementation of | ||||||
| 18 | policies created under this subsection (d). | ||||||
| 19 | (e) This Section shall not be interpreted to prevent a | ||||||
| 20 | victim from seeking redress under any other available civil or | ||||||
| 21 | criminal law.
| ||||||
| 22 | (Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15; | ||||||
| 23 | revised 10-2-14.)
| ||||||
| 24 | (105 ILCS 5/27A-4)
| ||||||
| 25 | Sec. 27A-4. General provisions Provisions.
| ||||||
| |||||||
| |||||||
| 1 | (a) The General Assembly does not intend to alter or amend | ||||||
| 2 | the provisions
of any court-ordered desegregation plan in | ||||||
| 3 | effect for any school district. A
charter school shall be | ||||||
| 4 | subject to all federal and State laws and
constitutional | ||||||
| 5 | provisions prohibiting discrimination on the basis of
| ||||||
| 6 | disability, race, creed, color, gender, national origin, | ||||||
| 7 | religion, ancestry,
marital status, or need for special | ||||||
| 8 | education services.
| ||||||
| 9 | (b) The total number of charter schools operating under | ||||||
| 10 | this Article at any
one time shall not exceed 120. Not more | ||||||
| 11 | than 70 charter
schools
shall operate at any one time in any | ||||||
| 12 | city having a population exceeding
500,000, with at least 5 | ||||||
| 13 | charter schools devoted exclusively to students from | ||||||
| 14 | low-performing or overcrowded schools operating at any one time | ||||||
| 15 | in that city; and not more than 45
charter schools shall | ||||||
| 16 | operate at any one time in the remainder of the State, with not
| ||||||
| 17 | more than one charter school that
has been initiated by a board | ||||||
| 18 | of education, or
by an intergovernmental agreement between or | ||||||
| 19 | among boards of education,
operating at any one
time in the | ||||||
| 20 | school district where the charter school is located. In | ||||||
| 21 | addition to these charter schools, up to but no more than 5 | ||||||
| 22 | charter schools devoted exclusively to re-enrolled high school | ||||||
| 23 | dropouts and/or students 16 or 15 years old at risk of dropping | ||||||
| 24 | out may operate at any one time in any city having a population | ||||||
| 25 | exceeding 500,000. Notwithstanding any provision to the | ||||||
| 26 | contrary in subsection (b) of Section 27A-5 of this Code, each | ||||||
| |||||||
| |||||||
| 1 | such dropout charter may operate up to 15 campuses within the | ||||||
| 2 | city. Any of these dropout charters may have a maximum of 1,875 | ||||||
| 3 | enrollment seats, any one of the campuses of the dropout | ||||||
| 4 | charter may have a maximum of 165 enrollment seats, and each | ||||||
| 5 | campus of the dropout charter must be operated, through a | ||||||
| 6 | contract or payroll, by the same legal entity as that for which | ||||||
| 7 | the charter is approved and certified.
| ||||||
| 8 | For purposes of implementing this Section, the State Board | ||||||
| 9 | shall assign a
number to each charter submission it receives | ||||||
| 10 | under Section 27A-6 for its
review and certification, based on | ||||||
| 11 | the chronological order in which the
submission is received by | ||||||
| 12 | it. The State Board shall promptly notify local
school boards | ||||||
| 13 | when the maximum numbers of certified charter schools | ||||||
| 14 | authorized
to operate have been reached.
| ||||||
| 15 | (c) No charter shall be granted under this Article that | ||||||
| 16 | would convert any
existing private, parochial, or non-public | ||||||
| 17 | school to a charter school.
| ||||||
| 18 | (d) Enrollment in a charter school shall be open to any | ||||||
| 19 | pupil who resides
within the geographic boundaries of the area | ||||||
| 20 | served by the local school board, provided that the board of | ||||||
| 21 | education in a city having a population exceeding 500,000 may | ||||||
| 22 | designate attendance boundaries for no more than one-third of | ||||||
| 23 | the charter schools permitted in the city if the board of | ||||||
| 24 | education determines that attendance boundaries are needed to | ||||||
| 25 | relieve overcrowding or to better serve low-income and at-risk | ||||||
| 26 | students. Students residing within an attendance boundary may | ||||||
| |||||||
| |||||||
| 1 | be given priority for enrollment, but must not be required to | ||||||
| 2 | attend the charter school.
| ||||||
| 3 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
| 4 | school boards from
jointly
issuing a charter to a single shared | ||||||
| 5 | charter school, provided that all of the
provisions of this | ||||||
| 6 | Article are met as to those local school boards.
| ||||||
| 7 | (f) No local school board shall require any employee of the | ||||||
| 8 | school district
to be employed in a charter school.
| ||||||
| 9 | (g) No local school board shall require any pupil residing | ||||||
| 10 | within the
geographic boundary of its district to enroll in a | ||||||
| 11 | charter school.
| ||||||
| 12 | (h) If there are more eligible applicants for enrollment in | ||||||
| 13 | a charter school
than there are spaces available, successful | ||||||
| 14 | applicants shall be selected by
lottery. However, priority | ||||||
| 15 | shall be given to siblings of pupils enrolled in
the charter | ||||||
| 16 | school and to pupils who were enrolled in the charter school | ||||||
| 17 | the
previous school year, unless expelled for cause, and | ||||||
| 18 | priority may be given to pupils residing within the charter | ||||||
| 19 | school's attendance boundary, if a boundary has been designated | ||||||
| 20 | by the board of education in a city having a population | ||||||
| 21 | exceeding 500,000. | ||||||
| 22 | Beginning with student enrollment for the 2015-2016 school | ||||||
| 23 | year, any lottery required under this subsection (h) must be | ||||||
| 24 | administered and videotaped by the charter school. The | ||||||
| 25 | authorizer or its designee must be allowed to be present or | ||||||
| 26 | view the lottery in real time. The charter school must maintain | ||||||
| |||||||
| |||||||
| 1 | a videotaped record of the lottery, including a time/date | ||||||
| 2 | stamp. The charter school shall transmit copies of the | ||||||
| 3 | videotape and all records relating to the lottery to the | ||||||
| 4 | authorizer on or before September 1 of each year. | ||||||
| 5 | Subject to the requirements for priority applicant groups | ||||||
| 6 | set forth in paragraph (1) of this subsection (h), any lottery | ||||||
| 7 | required under this subsection (h) must be administered in a | ||||||
| 8 | way that provides each student an equal chance at admission. If | ||||||
| 9 | an authorizer makes a determination that a charter school's | ||||||
| 10 | lottery is in violation of this subsection (h), it may | ||||||
| 11 | administer the lottery directly. After a lottery, each student | ||||||
| 12 | randomly selected for admission to the charter school must be | ||||||
| 13 | notified. Charter schools may not create an admissions process | ||||||
| 14 | subsequent to a lottery that may operate as a barrier to | ||||||
| 15 | registration or enrollment. | ||||||
| 16 | Charter schools may undertake additional intake | ||||||
| 17 | activities, including without limitation student essays, | ||||||
| 18 | school-parent compacts, or open houses, but in no event may a | ||||||
| 19 | charter school require participation in these activities as a | ||||||
| 20 | condition of enrollment. A charter school must submit an | ||||||
| 21 | updated waitlist to the authorizer on a quarterly basis. A | ||||||
| 22 | waitlist must be submitted to the authorizer at the same time | ||||||
| 23 | as quarterly financial statements, if quarterly financial | ||||||
| 24 | statements are required by the authorizer. | ||||||
| 25 | Dual enrollment at both a
charter school and a public | ||||||
| 26 | school or non-public school shall not be allowed.
A pupil who | ||||||
| |||||||
| |||||||
| 1 | is suspended or expelled from a charter school shall be deemed | ||||||
| 2 | to
be suspended or expelled from the public schools of the | ||||||
| 3 | school district in
which the pupil resides. Notwithstanding | ||||||
| 4 | anything to the contrary in this subsection (h): | ||||||
| 5 | (1) any charter school with a mission exclusive to | ||||||
| 6 | educating high school dropouts may grant priority | ||||||
| 7 | admission to students who are high school dropouts and/or | ||||||
| 8 | students 16 or 15 years old at risk of dropping out and any | ||||||
| 9 | charter school with a mission exclusive to educating | ||||||
| 10 | students from low-performing or overcrowded schools may | ||||||
| 11 | restrict admission to students who are from low-performing | ||||||
| 12 | or overcrowded schools; "priority admission" for charter | ||||||
| 13 | schools exclusively devoted to re-enrolled dropouts or | ||||||
| 14 | students at risk of dropping out means a minimum of 90% of | ||||||
| 15 | students enrolled shall be high school dropouts; and
| ||||||
| 16 | (2) any charter school located in a school district | ||||||
| 17 | that contains all or part of a federal military base may | ||||||
| 18 | set aside up to 33% of its current charter enrollment to | ||||||
| 19 | students with parents assigned to the federal military | ||||||
| 20 | base, with the remaining 67% subject to the general | ||||||
| 21 | enrollment and lottery requirements of subsection (d) of | ||||||
| 22 | this Section and this subsection (h); if a student with a | ||||||
| 23 | parent assigned to the federal military base withdraws from | ||||||
| 24 | the charter school during the course of a school year for | ||||||
| 25 | reasons other than grade promotion, those students with | ||||||
| 26 | parents assigned to the federal military base shall have | ||||||
| |||||||
| |||||||
| 1 | preference in filling the vacancy. | ||||||
| 2 | (i) (Blank).
| ||||||
| 3 | (j) Notwithstanding any other provision of law to the | ||||||
| 4 | contrary, a
school district in a city having a population | ||||||
| 5 | exceeding 500,000 shall not
have a duty to collectively bargain | ||||||
| 6 | with an exclusive representative of its
employees over | ||||||
| 7 | decisions to grant or deny a charter school proposal
under | ||||||
| 8 | Section 27A-8 of this Code, decisions to renew or revoke a | ||||||
| 9 | charter
under Section 27A-9 of this Code, and the impact of | ||||||
| 10 | these decisions,
provided that nothing in this Section shall | ||||||
| 11 | have the effect of negating,
abrogating, replacing, reducing, | ||||||
| 12 | diminishing, or limiting in any way
employee rights, | ||||||
| 13 | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||||||
| 14 | 14, and 15 of the Illinois Educational Labor Relations Act.
| ||||||
| 15 | (k) In this Section: | ||||||
| 16 | "Low-performing school" means a public school in a school | ||||||
| 17 | district organized under Article 34 of this Code that enrolls | ||||||
| 18 | students in any of grades kindergarten through 8 and that is | ||||||
| 19 | ranked within the lowest 10% of schools in that district in | ||||||
| 20 | terms of the percentage of students meeting or exceeding | ||||||
| 21 | standards on the assessments required under Section 2-3.64a-5 | ||||||
| 22 | of this Code. | ||||||
| 23 | "Overcrowded school" means a public school in a school | ||||||
| 24 | district organized under Article 34 of this Code that (i) | ||||||
| 25 | enrolls students in any of grades kindergarten through 8, (ii) | ||||||
| 26 | has a percentage of low-income students of 70% or more, as | ||||||
| |||||||
| |||||||
| 1 | identified in the most recently available School Report Card | ||||||
| 2 | published by the State Board of Education, and (iii) is | ||||||
| 3 | determined by the Chicago Board of Education to be in the most | ||||||
| 4 | severely overcrowded 5% of schools in the district. On or | ||||||
| 5 | before November 1 of each year, the Chicago Board of Education | ||||||
| 6 | shall file a report with the State Board of Education on which | ||||||
| 7 | schools in the district meet the definition of "overcrowded | ||||||
| 8 | school". "Students at risk of dropping out" means students 16 | ||||||
| 9 | or 15 years old in a public school in a district organized | ||||||
| 10 | under Article 34 of this Code that enrolls students in any | ||||||
| 11 | grades 9-12 who have been absent at least 90 school attendance | ||||||
| 12 | days of the previous 180 school attendance days. | ||||||
| 13 | (l) For advertisements created after January 1, 2015 (the | ||||||
| 14 | effective date of Public Act 98-783) this amendatory Act of the | ||||||
| 15 | 98th General Assembly, any advertisement, including a radio, | ||||||
| 16 | television, print, Internet, social media, or billboard | ||||||
| 17 | advertisement, purchased by a school district or public school, | ||||||
| 18 | including a charter school, with public funds must include a | ||||||
| 19 | disclaimer stating that the advertisement was paid for using | ||||||
| 20 | public funds. | ||||||
| 21 | This disclaimer requirement does not extend to materials | ||||||
| 22 | created by the charter school, including, but not limited to, a | ||||||
| 23 | school website, informational pamphlets or leaflets, or | ||||||
| 24 | clothing with affixed school logos. | ||||||
| 25 | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | ||||||
| 26 | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13; 98-783, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-15; 98-972, eff. 8-15-14; revised 10-1-14.)
| ||||||
| 2 | (105 ILCS 5/27A-5)
| ||||||
| 3 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
| 4 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 5 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
| 6 | school shall be organized and operated
as a nonprofit | ||||||
| 7 | corporation or other discrete, legal, nonprofit entity
| ||||||
| 8 | authorized under the laws of the State of Illinois.
| ||||||
| 9 | (b) A charter school may be established under this Article | ||||||
| 10 | by creating a new
school or by converting an existing public | ||||||
| 11 | school or attendance center to
charter
school status.
Beginning | ||||||
| 12 | on the effective date of this amendatory Act of the 93rd | ||||||
| 13 | General
Assembly, in all new
applications to establish
a | ||||||
| 14 | charter
school in a city having a population exceeding 500,000, | ||||||
| 15 | operation of the
charter
school shall be limited to one campus. | ||||||
| 16 | The changes made to this Section by this
amendatory Act
of the | ||||||
| 17 | 93rd General
Assembly do not apply to charter schools existing | ||||||
| 18 | or approved on or before the
effective date of this
amendatory | ||||||
| 19 | Act. | ||||||
| 20 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
| 21 | a cyber school where students engage in online curriculum and | ||||||
| 22 | instruction via the Internet and electronic communication with | ||||||
| 23 | their teachers at remote locations and with students | ||||||
| 24 | participating at different times. | ||||||
| 25 | From April 1, 2013 through December 31, 2016, there is a | ||||||
| |||||||
| |||||||
| 1 | moratorium on the establishment of charter schools with | ||||||
| 2 | virtual-schooling components in school districts other than a | ||||||
| 3 | school district organized under Article 34 of this Code. This | ||||||
| 4 | moratorium does not apply to a charter school with | ||||||
| 5 | virtual-schooling components existing or approved prior to | ||||||
| 6 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
| 7 | school with virtual-schooling components already approved | ||||||
| 8 | prior to April 1, 2013. | ||||||
| 9 | On or before March 1, 2014, the Commission shall submit to | ||||||
| 10 | the General Assembly a report on the effect of | ||||||
| 11 | virtual-schooling, including without limitation the effect on | ||||||
| 12 | student performance, the costs associated with | ||||||
| 13 | virtual-schooling, and issues with oversight. The report shall | ||||||
| 14 | include policy recommendations for virtual-schooling.
| ||||||
| 15 | (c) A charter school shall be administered and governed by | ||||||
| 16 | its board of
directors or other governing body
in the manner | ||||||
| 17 | provided in its charter. The governing body of a charter school
| ||||||
| 18 | shall be subject to the Freedom of Information Act and the Open | ||||||
| 19 | Meetings Act.
| ||||||
| 20 | (d) A charter school shall comply with all applicable | ||||||
| 21 | health and safety
requirements applicable to public schools | ||||||
| 22 | under the laws of the State of
Illinois.
| ||||||
| 23 | (e) Except as otherwise provided in the School Code, a | ||||||
| 24 | charter school shall
not charge tuition; provided that a | ||||||
| 25 | charter school may charge reasonable fees
for textbooks, | ||||||
| 26 | instructional materials, and student activities.
| ||||||
| |||||||
| |||||||
| 1 | (f) A charter school shall be responsible for the | ||||||
| 2 | management and operation
of its fiscal affairs including,
but | ||||||
| 3 | not limited to, the preparation of its budget. An audit of each | ||||||
| 4 | charter
school's finances shall be conducted annually by an | ||||||
| 5 | outside, independent
contractor retained by the charter | ||||||
| 6 | school. To ensure financial accountability for the use of | ||||||
| 7 | public funds, on or before December 1 of every year of | ||||||
| 8 | operation, each charter school shall submit to its authorizer | ||||||
| 9 | and the State Board a copy of its audit and a copy of the Form | ||||||
| 10 | 990 the charter school filed that year with the federal | ||||||
| 11 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
| 12 | proper financial oversight of the charter school, an authorizer | ||||||
| 13 | may require quarterly financial statements from each charter | ||||||
| 14 | school.
| ||||||
| 15 | (g) A charter school shall comply with all provisions of | ||||||
| 16 | this Article; the Illinois Educational Labor Relations Act; all | ||||||
| 17 | federal and State laws and rules applicable to public schools | ||||||
| 18 | that pertain to special education and the instruction of | ||||||
| 19 | English language learners, referred to in this Code as | ||||||
| 20 | "children of limited English-speaking ability"; and
its | ||||||
| 21 | charter. A charter
school is exempt from all other State laws | ||||||
| 22 | and regulations in this Code
governing public
schools and local | ||||||
| 23 | school board policies, except the following:
| ||||||
| 24 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
| 25 | criminal
history records checks and checks of the Statewide | ||||||
| 26 | Sex Offender Database and Statewide Murderer and Violent | ||||||
| |||||||
| |||||||
| 1 | Offender Against Youth Database of applicants for | ||||||
| 2 | employment;
| ||||||
| 3 | (2) Sections 24-24 and 34-84A of this Code regarding | ||||||
| 4 | discipline of
students;
| ||||||
| 5 | (3) the Local Governmental and Governmental Employees | ||||||
| 6 | Tort Immunity Act;
| ||||||
| 7 | (4) Section 108.75 of the General Not For Profit | ||||||
| 8 | Corporation Act of 1986
regarding indemnification of | ||||||
| 9 | officers, directors, employees, and agents;
| ||||||
| 10 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
| 11 | (6) the Illinois School Student Records Act;
| ||||||
| 12 | (7) Section 10-17a of this Code regarding school report | ||||||
| 13 | cards;
| ||||||
| 14 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 15 | and | ||||||
| 16 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 17 | prevention; and . | ||||||
| 18 | (10) (9) Section 2-3.162 2-3.160 of this the School | ||||||
| 19 | Code regarding student discipline reporting. | ||||||
| 20 | The change made by Public Act 96-104 to this subsection (g) | ||||||
| 21 | is declaratory of existing law. | ||||||
| 22 | (h) A charter school may negotiate and contract with a | ||||||
| 23 | school district, the
governing body of a State college or | ||||||
| 24 | university or public community college, or
any other public or | ||||||
| 25 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
| 26 | school building and grounds or any other real property or | ||||||
| |||||||
| |||||||
| 1 | facilities that
the charter school desires to use or convert | ||||||
| 2 | for use as a charter school site,
(ii) the operation and | ||||||
| 3 | maintenance thereof, and
(iii) the provision of any service, | ||||||
| 4 | activity, or undertaking that the charter
school is required to | ||||||
| 5 | perform in order to carry out the terms of its charter.
| ||||||
| 6 | However, a charter school
that is established on
or
after the | ||||||
| 7 | effective date of this amendatory Act of the 93rd General
| ||||||
| 8 | Assembly and that operates
in a city having a population | ||||||
| 9 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
| 10 | manage or operate the school during the period that commences | ||||||
| 11 | on the
effective date of this amendatory Act of the 93rd | ||||||
| 12 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
| 13 | school year.
Except as provided in subsection (i) of this | ||||||
| 14 | Section, a school district may
charge a charter school | ||||||
| 15 | reasonable rent for the use of the district's
buildings, | ||||||
| 16 | grounds, and facilities. Any services for which a charter | ||||||
| 17 | school
contracts
with a school district shall be provided by | ||||||
| 18 | the district at cost. Any services
for which a charter school | ||||||
| 19 | contracts with a local school board or with the
governing body | ||||||
| 20 | of a State college or university or public community college
| ||||||
| 21 | shall be provided by the public entity at cost.
| ||||||
| 22 | (i) In no event shall a charter school that is established | ||||||
| 23 | by converting an
existing school or attendance center to | ||||||
| 24 | charter school status be required to
pay rent for space
that is | ||||||
| 25 | deemed available, as negotiated and provided in the charter | ||||||
| 26 | agreement,
in school district
facilities. However, all other | ||||||
| |||||||
| |||||||
| 1 | costs for the operation and maintenance of
school district | ||||||
| 2 | facilities that are used by the charter school shall be subject
| ||||||
| 3 | to negotiation between
the charter school and the local school | ||||||
| 4 | board and shall be set forth in the
charter.
| ||||||
| 5 | (j) A charter school may limit student enrollment by age or | ||||||
| 6 | grade level.
| ||||||
| 7 | (k) If the charter school is approved by the Commission, | ||||||
| 8 | then the Commission charter school is its own local education | ||||||
| 9 | agency. | ||||||
| 10 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
| 11 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | ||||||
| 12 | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | ||||||
| 13 | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | ||||||
| 14 | 10-14-14.)
| ||||||
| 15 | (105 ILCS 5/27A-6)
| ||||||
| 16 | Sec. 27A-6. Contract contents; applicability of laws and | ||||||
| 17 | regulations.
| ||||||
| 18 | (a) A certified charter shall constitute a binding contract | ||||||
| 19 | and agreement
between
the charter school and a local school | ||||||
| 20 | board under the terms of which the local
school board | ||||||
| 21 | authorizes the governing body of the charter school to operate | ||||||
| 22 | the
charter
school on the terms specified in the contract.
| ||||||
| 23 | (b) Notwithstanding any other provision of this Article, | ||||||
| 24 | the certified
charter
may
not waive or release the charter | ||||||
| 25 | school from the State goals, standards, and
assessments | ||||||
| |||||||
| |||||||
| 1 | established pursuant to Section 2-3.64a-5 of this Code.
| ||||||
| 2 | Beginning with the 2003-2004 school year, the certified charter | ||||||
| 3 | for a charter
school operating in a city having a population | ||||||
| 4 | exceeding 500,000 shall
require the charter school to | ||||||
| 5 | administer any other nationally recognized
standardized tests | ||||||
| 6 | to its students that the chartering entity administers to
other
| ||||||
| 7 | students, and the results on such tests shall be included in | ||||||
| 8 | the
chartering entity's assessment reports.
| ||||||
| 9 | (c) Subject to the provisions of subsection (e), a material | ||||||
| 10 | revision to a
previously certified contract or a renewal shall | ||||||
| 11 | be made with
the approval of both the local school board and | ||||||
| 12 | the governing body of the
charter school.
| ||||||
| 13 | (c-5) The proposed contract shall include a provision on | ||||||
| 14 | how both parties
will address minor violations of the contract.
| ||||||
| 15 | (d) The proposed contract between the governing body of a | ||||||
| 16 | proposed charter
school and the local school board as described | ||||||
| 17 | in Section 27A-7 must be
submitted to and certified by the | ||||||
| 18 | State Board before it can take effect. If
the State Board | ||||||
| 19 | recommends that the proposed contract be modified for
| ||||||
| 20 | consistency with this Article before it can be certified, the | ||||||
| 21 | modifications
must be consented to by both the governing body | ||||||
| 22 | of
the charter school and the local school board, and | ||||||
| 23 | resubmitted to the State
Board for its certification. If the | ||||||
| 24 | proposed contract is resubmitted in a form
that is not | ||||||
| 25 | consistent with this Article, the State
Board may refuse to | ||||||
| 26 | certify the charter.
| ||||||
| |||||||
| |||||||
| 1 | The State Board shall assign a number to each submission or | ||||||
| 2 | resubmission in
chronological order of receipt, and shall | ||||||
| 3 | determine whether the proposed
contract is consistent with the | ||||||
| 4 | provisions of this Article. If the proposed
contract complies, | ||||||
| 5 | the State Board shall so certify.
| ||||||
| 6 | (e) No renewal of a previously certified contract is | ||||||
| 7 | effective unless and until the State Board certifies that the | ||||||
| 8 | renewal is consistent with the provisions of this Article. A | ||||||
| 9 | material revision to a previously certified contract may go | ||||||
| 10 | into effect immediately upon approval of both the local school | ||||||
| 11 | board and the governing body of the charter school, unless | ||||||
| 12 | either party requests in writing that the State Board certify | ||||||
| 13 | that the material revision is consistent with the provisions of | ||||||
| 14 | this Article. If such a request is made, the proposed material | ||||||
| 15 | revision is not effective unless and until the State Board so | ||||||
| 16 | certifies.
| ||||||
| 17 | (Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; | ||||||
| 18 | revised 10-1-14.)
| ||||||
| 19 | (105 ILCS 5/27A-7)
| ||||||
| 20 | Sec. 27A-7. Charter submission.
| ||||||
| 21 | (a) A proposal to establish a charter school shall be | ||||||
| 22 | submitted to the local school board and the State Board for | ||||||
| 23 | certification under Section 27A-6 of this Code in the form of a | ||||||
| 24 | proposed contract
entered
into between the local school board | ||||||
| 25 | and the governing body of a proposed
charter school. The
| ||||||
| |||||||
| |||||||
| 1 | charter school proposal shall include:
| ||||||
| 2 | (1) The name of the proposed charter school, which must | ||||||
| 3 | include the words
"Charter School".
| ||||||
| 4 | (2) The age or grade range, areas of focus, minimum and | ||||||
| 5 | maximum numbers of
pupils to be enrolled in the charter | ||||||
| 6 | school, and any other admission criteria
that would be | ||||||
| 7 | legal if used by a school district.
| ||||||
| 8 | (3) A description of and address for the physical plant | ||||||
| 9 | in which the
charter school will be located; provided that | ||||||
| 10 | nothing in the Article shall be
deemed to justify delaying | ||||||
| 11 | or withholding favorable action on or approval of a
charter | ||||||
| 12 | school proposal because the building or buildings in which | ||||||
| 13 | the charter
school is to be located have not been acquired | ||||||
| 14 | or rented at the time a charter
school proposal is | ||||||
| 15 | submitted or approved or a charter school contract is
| ||||||
| 16 | entered
into or submitted for certification or certified, | ||||||
| 17 | so long as the proposal or
submission identifies and names | ||||||
| 18 | at least 2 sites that are potentially available
as a | ||||||
| 19 | charter school facility by the time the charter school is | ||||||
| 20 | to open.
| ||||||
| 21 | (4) The mission statement of the charter school, which | ||||||
| 22 | must be consistent
with the General Assembly's declared | ||||||
| 23 | purposes; provided that nothing in this
Article shall be | ||||||
| 24 | construed to require that, in order to receive favorable
| ||||||
| 25 | consideration and approval, a charter school proposal | ||||||
| 26 | demonstrate unequivocally
that the charter school will be | ||||||
| |||||||
| |||||||
| 1 | able to meet each of those declared purposes,
it
being the | ||||||
| 2 | intention of the Charter Schools Law that those purposes be
| ||||||
| 3 | recognized as goals that
charter schools must aspire to | ||||||
| 4 | attain.
| ||||||
| 5 | (5) The goals, objectives, and pupil performance | ||||||
| 6 | standards to be achieved
by the charter school.
| ||||||
| 7 | (6) In the case of a proposal to establish a charter | ||||||
| 8 | school by
converting an existing public school or | ||||||
| 9 | attendance center to charter school
status, evidence that | ||||||
| 10 | the proposed formation of the charter school has received
| ||||||
| 11 | the approval of certified teachers, parents
and
guardians, | ||||||
| 12 | and, if applicable, a local school council as provided in
| ||||||
| 13 | subsection
(b) of Section 27A-8.
| ||||||
| 14 | (7) A description of the charter school's educational | ||||||
| 15 | program, pupil
performance standards, curriculum, school | ||||||
| 16 | year, school days, and hours of
operation.
| ||||||
| 17 | (8) A description of the charter school's plan for | ||||||
| 18 | evaluating pupil
performance, the types of assessments | ||||||
| 19 | that will be used to measure pupil
progress towards | ||||||
| 20 | achievement of the school's pupil performance standards, | ||||||
| 21 | the
timeline for achievement of those standards, and the | ||||||
| 22 | procedures for taking
corrective action in the event that | ||||||
| 23 | pupil performance at the charter school
falls below those | ||||||
| 24 | standards.
| ||||||
| 25 | (9) Evidence that the terms of the charter as proposed | ||||||
| 26 | are economically
sound
for both the charter school and the | ||||||
| |||||||
| |||||||
| 1 | school district, a proposed budget for the
term of the | ||||||
| 2 | charter, a description of the manner in which an annual
| ||||||
| 3 | audit of the financial and administrative operations of the | ||||||
| 4 | charter school,
including any services provided by the | ||||||
| 5 | school district, are to be conducted,
and
a plan for the | ||||||
| 6 | displacement of pupils, teachers, and other employees who | ||||||
| 7 | will
not attend or be employed in the charter school.
| ||||||
| 8 | (10) A description of the governance and operation of | ||||||
| 9 | the charter school,
including the nature and extent of | ||||||
| 10 | parental, professional educator, and
community involvement | ||||||
| 11 | in the governance and operation of the charter school.
| ||||||
| 12 | (11) An explanation of the relationship that will exist | ||||||
| 13 | between the
charter school and its employees, including | ||||||
| 14 | evidence that the terms and
conditions of employment have | ||||||
| 15 | been addressed with affected employees and their
| ||||||
| 16 | recognized representative, if any. However, a bargaining | ||||||
| 17 | unit of charter
school employees shall be separate and
| ||||||
| 18 | distinct from any bargaining units formed from employees of | ||||||
| 19 | a school district
in
which the charter school is located.
| ||||||
| 20 | (12) An agreement between the parties regarding their | ||||||
| 21 | respective
legal liability and applicable insurance | ||||||
| 22 | coverage.
| ||||||
| 23 | (13) A description of how the charter school plans to | ||||||
| 24 | meet the
transportation needs of its pupils, and a plan for | ||||||
| 25 | addressing the
transportation needs
of low-income and | ||||||
| 26 | at-risk pupils.
| ||||||
| |||||||
| |||||||
| 1 | (14) The proposed effective date and term of the | ||||||
| 2 | charter; provided that
the
first day of the first academic | ||||||
| 3 | year shall be no earlier than August 15 and no later than | ||||||
| 4 | September 15 of a
calendar year, and the first day of the | ||||||
| 5 | fiscal year shall be July 1.
| ||||||
| 6 | (15) Any other information reasonably required by the | ||||||
| 7 | State Board of
Education.
| ||||||
| 8 | (b) A proposal to establish a charter school may be | ||||||
| 9 | initiated by individuals
or organizations that will have
| ||||||
| 10 | majority representation on the board of directors or other | ||||||
| 11 | governing body of
the corporation or other discrete legal | ||||||
| 12 | entity that is to be established to
operate the proposed | ||||||
| 13 | charter school, by a board of education or an
intergovernmental | ||||||
| 14 | agreement between or among boards of education, or by the
board | ||||||
| 15 | of directors or other
governing body of a discrete legal entity | ||||||
| 16 | already existing or established to
operate the proposed
charter | ||||||
| 17 | school. The individuals or organizations referred to in this
| ||||||
| 18 | subsection may be school teachers, school administrators, | ||||||
| 19 | local school
councils, colleges or
universities or their | ||||||
| 20 | faculty
members, public community colleges or their | ||||||
| 21 | instructors or other
representatives, corporations, or other | ||||||
| 22 | entities or their
representatives. The proposal shall be
| ||||||
| 23 | submitted to the local school board for consideration and, if
| ||||||
| 24 | appropriate, for
development of a proposed contract to be | ||||||
| 25 | submitted to the State Board for
certification under
Section | ||||||
| 26 | 27A-6.
| ||||||
| |||||||
| |||||||
| 1 | (c) The local school board may not without the consent of | ||||||
| 2 | the governing body
of the charter school condition its approval | ||||||
| 3 | of a charter school proposal on
acceptance of an agreement to | ||||||
| 4 | operate under State laws and regulations and
local school board | ||||||
| 5 | policies from which the charter school is otherwise exempted
| ||||||
| 6 | under this Article.
| ||||||
| 7 | (Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14; | ||||||
| 8 | revised 10-1-14.)
| ||||||
| 9 | (105 ILCS 5/27A-11)
| ||||||
| 10 | Sec. 27A-11. Local financing.
| ||||||
| 11 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
| 12 | charter school
shall be included in the pupil enrollment of the | ||||||
| 13 | school district within which
the
pupil resides. Each charter | ||||||
| 14 | school (i) shall determine the school district in
which each | ||||||
| 15 | pupil who is enrolled in the charter school resides,
(ii) shall
| ||||||
| 16 | report the aggregate number of pupils resident of a school | ||||||
| 17 | district who are
enrolled in the charter school to the school | ||||||
| 18 | district in which those pupils
reside, and (iii) shall maintain | ||||||
| 19 | accurate records of daily attendance that
shall be deemed | ||||||
| 20 | sufficient to file claims under Section 18-8 notwithstanding
| ||||||
| 21 | any other requirements of that Section regarding hours of | ||||||
| 22 | instruction and
teacher certification.
| ||||||
| 23 | (b) Except for a charter school established by referendum | ||||||
| 24 | under Section
27A-6.5, as part of a charter school contract, | ||||||
| 25 | the charter school and the
local
school board shall agree on | ||||||
| |||||||
| |||||||
| 1 | funding and any services to be provided by the
school district | ||||||
| 2 | to the charter school.
Agreed funding that a charter school is | ||||||
| 3 | to receive from the local school
board for a school year shall | ||||||
| 4 | be paid in
equal quarterly installments with the payment of the
| ||||||
| 5 | installment for the first quarter being made not later than | ||||||
| 6 | July 1, unless the
charter establishes a different payment | ||||||
| 7 | schedule. However, if a charter school dismisses a pupil from | ||||||
| 8 | the charter school after receiving a quarterly payment, the | ||||||
| 9 | charter school shall return to the school district, on a | ||||||
| 10 | quarterly basis, the prorated portion of public funding | ||||||
| 11 | provided for the education of that pupil for the time the | ||||||
| 12 | student is not enrolled at the charter school. Likewise, if a | ||||||
| 13 | pupil transfers to a charter school between quarterly payments, | ||||||
| 14 | the school district shall provide, on a quarterly basis, a | ||||||
| 15 | prorated portion of the public funding to the charter school to | ||||||
| 16 | provide for the education of that pupil.
| ||||||
| 17 | All services centrally or otherwise provided by the school | ||||||
| 18 | district
including, but not limited to, rent, food services, | ||||||
| 19 | custodial services,
maintenance,
curriculum, media services, | ||||||
| 20 | libraries, transportation, and warehousing shall be
subject to
| ||||||
| 21 | negotiation between a charter school and the local school board | ||||||
| 22 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
| 23 | subsection (b); provided that the
local school board shall not | ||||||
| 24 | attempt, by negotiation or otherwise, to obligate
a charter | ||||||
| 25 | school to provide pupil transportation for pupils for whom a | ||||||
| 26 | district
is not required to provide transportation under the | ||||||
| |||||||
| |||||||
| 1 | criteria set forth in
subsection (a)(13) of Section 27A-7.
| ||||||
| 2 | In no event shall the funding be less than 75% or more than
| ||||||
| 3 | 125% of the
school district's per capita student tuition | ||||||
| 4 | multiplied by
the
number of students residing in the district | ||||||
| 5 | who are enrolled in the charter
school.
| ||||||
| 6 | It is the intent of the General Assembly that funding and | ||||||
| 7 | service agreements
under this subsection (b) shall be neither a | ||||||
| 8 | financial incentive nor a
financial disincentive to the | ||||||
| 9 | establishment of a charter school.
| ||||||
| 10 | The charter school may set and collect reasonable fees. | ||||||
| 11 | Fees collected
from students enrolled at a charter school shall | ||||||
| 12 | be retained
by the charter school.
| ||||||
| 13 | (c) Notwithstanding subsection (b) of this Section, the | ||||||
| 14 | proportionate share
of State and federal resources generated by | ||||||
| 15 | students with disabilities or staff
serving them shall be | ||||||
| 16 | directed to charter schools enrolling those students by
their | ||||||
| 17 | school districts or administrative units. The proportionate | ||||||
| 18 | share of
moneys generated under other federal or State | ||||||
| 19 | categorical aid programs shall be
directed to charter schools | ||||||
| 20 | serving students eligible for that aid.
| ||||||
| 21 | (d) The governing body of a charter school is authorized to | ||||||
| 22 | accept
gifts,
donations, or grants of any kind made to the | ||||||
| 23 | charter school and to expend or
use gifts, donations, or grants | ||||||
| 24 | in accordance with the conditions prescribed by
the donor; | ||||||
| 25 | however, a gift, donation, or grant may not be accepted by the
| ||||||
| 26 | governing body if it is subject to any condition contrary to | ||||||
| |||||||
| |||||||
| 1 | applicable law or
contrary
to the terms of the contract between | ||||||
| 2 | the charter school and the local school
board. Charter schools | ||||||
| 3 | shall be encouraged to solicit and utilize community
volunteer | ||||||
| 4 | speakers and other instructional resources when providing | ||||||
| 5 | instruction
on the Holocaust and other historical events.
| ||||||
| 6 | (e) (Blank).
| ||||||
| 7 | (f) The Commission shall provide technical assistance to
| ||||||
| 8 | persons and groups
preparing or revising charter applications.
| ||||||
| 9 | (g) At the non-renewal or revocation of its charter, each
| ||||||
| 10 | charter school
shall refund to the local board of education all | ||||||
| 11 | unspent funds.
| ||||||
| 12 | (h) A charter school is authorized to incur temporary, | ||||||
| 13 | short
term debt to
pay operating expenses in anticipation of | ||||||
| 14 | receipt of funds from the local
school board.
| ||||||
| 15 | (Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; | ||||||
| 16 | revised 10-1-14.)
| ||||||
| 17 | (105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
| ||||||
| 18 | Sec. 30-14.2. MIA/POW scholarships.
| ||||||
| 19 | (a) Any spouse, natural child, legally adopted child, or | ||||||
| 20 | any
step-child of an eligible veteran or serviceperson who | ||||||
| 21 | possesses all necessary
entrance requirements shall, upon | ||||||
| 22 | application and proper proof, be awarded
a MIA/POW Scholarship | ||||||
| 23 | consisting of the equivalent of 4 calendar years of
full-time | ||||||
| 24 | enrollment including summer terms, to the state supported
| ||||||
| 25 | Illinois institution of higher learning of his choice, subject | ||||||
| |||||||
| |||||||
| 1 | to the
restrictions listed below.
| ||||||
| 2 | "Eligible veteran or serviceperson" means any veteran or | ||||||
| 3 | serviceperson, including an Illinois National Guard member who | ||||||
| 4 | is on active duty or is active on a training assignment,
who | ||||||
| 5 | has been declared by the U.S. Department of Defense or the
U.S. | ||||||
| 6 | Department of Veterans' Affairs to be a prisoner of war, be | ||||||
| 7 | missing
in action, have died as the result of a | ||||||
| 8 | service-connected disability or be
permanently disabled from | ||||||
| 9 | service-connected causes with 100% disability and
who (i) at | ||||||
| 10 | the time of entering service was an Illinois resident, (ii) was | ||||||
| 11 | an
Illinois resident within 6 months after entering such | ||||||
| 12 | service, or (iii) until July 1, 2014, became an Illinois | ||||||
| 13 | resident within 6 months after leaving the service and can | ||||||
| 14 | establish at least 30 years of continuous residency in the | ||||||
| 15 | State of Illinois.
| ||||||
| 16 | Full-time enrollment means 12 or more semester hours of | ||||||
| 17 | courses per semester,
or 12 or more quarter hours of courses | ||||||
| 18 | per quarter, or the equivalent thereof
per term. Scholarships | ||||||
| 19 | utilized by dependents enrolled in less than full-time
study | ||||||
| 20 | shall be computed in the proportion which the number of hours | ||||||
| 21 | so carried
bears to full-time enrollment.
| ||||||
| 22 | Scholarships awarded under this Section may be used by a | ||||||
| 23 | spouse or child
without regard to his or her age. The holder of | ||||||
| 24 | a Scholarship
awarded under this Section shall be subject to | ||||||
| 25 | all examinations and academic
standards, including the | ||||||
| 26 | maintenance of minimum grade levels, that are
applicable | ||||||
| |||||||
| |||||||
| 1 | generally to other enrolled students at the Illinois | ||||||
| 2 | institution of
higher learning where the Scholarship is being | ||||||
| 3 | used.
If the surviving spouse
remarries or if there is a | ||||||
| 4 | divorce between the veteran or serviceperson and
his or her | ||||||
| 5 | spouse while the dependent is pursuing his or her course of
| ||||||
| 6 | study, Scholarship benefits will be terminated at the end of | ||||||
| 7 | the term for
which he or she is presently enrolled. Such | ||||||
| 8 | dependents shall also be
entitled, upon proper proof and | ||||||
| 9 | application, to enroll in any extension
course offered by a | ||||||
| 10 | State supported Illinois institution of higher learning
| ||||||
| 11 | without payment of tuition and approved fees.
| ||||||
| 12 | The holder of a MIA/POW Scholarship authorized under this | ||||||
| 13 | Section shall
not be required to pay any matriculation or | ||||||
| 14 | application fees, tuition,
activities fees, graduation fees or | ||||||
| 15 | other fees, except multipurpose
building fees or similar fees | ||||||
| 16 | for supplies and materials.
| ||||||
| 17 | Any dependent who has been or shall be awarded a MIA/POW | ||||||
| 18 | Scholarship shall
be reimbursed by the appropriate institution | ||||||
| 19 | of higher learning for any
fees which he or she has paid and | ||||||
| 20 | for which exemption is granted under this
Section if | ||||||
| 21 | application for reimbursement is made within 2 months following
| ||||||
| 22 | the end of the school term for which the fees were paid.
| ||||||
| 23 | (b) In lieu of the benefit provided in subsection (a), any | ||||||
| 24 | spouse,
natural child, legally adopted child, or step-child of | ||||||
| 25 | an eligible veteran
or serviceperson, which spouse or child has | ||||||
| 26 | a physical, mental or
developmental disability, shall be | ||||||
| |||||||
| |||||||
| 1 | entitled to receive, upon application and
proper proof, a | ||||||
| 2 | benefit to be used for the purpose of defraying the cost of
the | ||||||
| 3 | attendance or treatment of such spouse or child at one or more
| ||||||
| 4 | appropriate therapeutic, rehabilitative or educational | ||||||
| 5 | facilities. The
application and proof may be made by the parent | ||||||
| 6 | or legal guardian of the
spouse or child on his or her behalf.
| ||||||
| 7 | The total benefit provided to any beneficiary under this | ||||||
| 8 | subsection shall
not exceed the cost equivalent of 4 calendar | ||||||
| 9 | years of full-time enrollment,
including summer terms, at the | ||||||
| 10 | University of Illinois. Whenever
practicable in the opinion of | ||||||
| 11 | the Department of Veterans' Affairs, payment
of benefits under | ||||||
| 12 | this subsection shall be made directly to the facility,
the | ||||||
| 13 | cost of attendance or treatment at which is being defrayed, as | ||||||
| 14 | such
costs accrue.
| ||||||
| 15 | (c) The benefits of this Section shall be administered by | ||||||
| 16 | and paid for out
of funds made available to the Illinois | ||||||
| 17 | Department of Veterans' Affairs.
The amounts that become due to | ||||||
| 18 | any state supported Illinois institution of
higher learning | ||||||
| 19 | shall be payable by the Comptroller to such institution on
| ||||||
| 20 | vouchers approved by the Illinois Department of Veterans' | ||||||
| 21 | Affairs. The
amounts that become due under subsection (b) of | ||||||
| 22 | this Section shall be
payable by warrant upon vouchers issued | ||||||
| 23 | by the Illinois Department of
Veterans' Affairs and approved by | ||||||
| 24 | the Comptroller. The Illinois Department
of Veterans' Affairs | ||||||
| 25 | shall determine the eligibility of the persons
who make | ||||||
| 26 | application for the benefits provided for in this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
| ||||||
| 2 | (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| ||||||
| 3 | Sec. 34-85. Removal for cause; Notice and hearing; | ||||||
| 4 | Suspension. | ||||||
| 5 | (a) No
teacher employed by the board of education shall | ||||||
| 6 | (after serving the
probationary period specified in Section | ||||||
| 7 | 34-84) be removed
except for cause. Teachers (who have | ||||||
| 8 | completed the probationary period specified in Section 34-84 of | ||||||
| 9 | this Code) shall be removed for cause in accordance with the | ||||||
| 10 | procedures set forth in this Section or, at the board's option, | ||||||
| 11 | the procedures set forth in Section 24-16.5 of this Code or | ||||||
| 12 | such other procedures established in an agreement entered into | ||||||
| 13 | between the board and the exclusive representative of the | ||||||
| 14 | district's teachers under Section 34-85c of this Code for | ||||||
| 15 | teachers (who have completed the probationary period specified | ||||||
| 16 | in Section 34-84 of this Code) assigned to schools identified | ||||||
| 17 | in that agreement. No principal employed by the board of | ||||||
| 18 | education shall be
removed during the term of his or her | ||||||
| 19 | performance contract except for
cause, which may include but is | ||||||
| 20 | not limited to the principal's repeated
failure to implement | ||||||
| 21 | the school improvement plan or to comply with the
provisions of | ||||||
| 22 | the Uniform Performance Contract, including additional
| ||||||
| 23 | criteria established by the Council for inclusion in the | ||||||
| 24 | performance
contract pursuant to Section 34-2.3.
| ||||||
| 25 | Before service of notice of charges on account of causes | ||||||
| |||||||
| |||||||
| 1 | that may be deemed to be remediable, the teacher or principal | ||||||
| 2 | must be given reasonable warning in writing, stating | ||||||
| 3 | specifically the causes that, if not removed, may result in | ||||||
| 4 | charges; however, no such written warning is required if the | ||||||
| 5 | causes have been the subject of a remediation plan pursuant to | ||||||
| 6 | Article 24A of this Code or if the board and the exclusive | ||||||
| 7 | representative of the district's teachers have entered into an | ||||||
| 8 | agreement pursuant to Section 34-85c of this Code, pursuant to | ||||||
| 9 | an alternative system of remediation. No written warning shall | ||||||
| 10 | be required for conduct on the part of a teacher or principal | ||||||
| 11 | that is cruel, immoral, negligent, or criminal or that in any | ||||||
| 12 | way causes psychological or physical harm or injury to a | ||||||
| 13 | student, as that conduct is deemed to be irremediable. No | ||||||
| 14 | written warning shall be required for a material breach of the | ||||||
| 15 | uniform principal performance contract, as that conduct is | ||||||
| 16 | deemed to be irremediable; provided that not less than 30 days | ||||||
| 17 | before the vote of the local school council to seek the | ||||||
| 18 | dismissal of a principal for a material breach of a uniform | ||||||
| 19 | principal performance contract, the local school council shall | ||||||
| 20 | specify the nature of the alleged breach in writing and provide | ||||||
| 21 | a copy of it to the principal. | ||||||
| 22 | (1) To initiate dismissal proceedings against a | ||||||
| 23 | teacher or principal, the general superintendent must | ||||||
| 24 | first approve written charges and specifications against | ||||||
| 25 | the
teacher or
principal. A local school council may direct | ||||||
| 26 | the
general superintendent to approve written charges | ||||||
| |||||||
| |||||||
| 1 | against its principal on behalf of the Council
upon the | ||||||
| 2 | vote of 7 members of the Council. The general | ||||||
| 3 | superintendent must
approve those charges within 45 | ||||||
| 4 | calendar days
or provide a written
reason for not approving | ||||||
| 5 | those charges. A
written notice of those charges, including | ||||||
| 6 | specifications,
shall be served upon the teacher or | ||||||
| 7 | principal within 10 business days of the
approval of the | ||||||
| 8 | charges. Any written notice sent on or after July 1, 2012 | ||||||
| 9 | shall also inform the teacher or principal of the right to | ||||||
| 10 | request a hearing before a mutually selected hearing | ||||||
| 11 | officer, with the cost of the hearing officer split equally | ||||||
| 12 | between the teacher or principal and the board, or a | ||||||
| 13 | hearing before a qualified hearing officer chosen by the | ||||||
| 14 | general superintendent, with the cost of the hearing | ||||||
| 15 | officer paid by the board. If the teacher or principal | ||||||
| 16 | cannot be found upon diligent
inquiry, such charges may be | ||||||
| 17 | served upon him by mailing a copy thereof in a
sealed | ||||||
| 18 | envelope by prepaid certified mail, return receipt | ||||||
| 19 | requested, to the
teacher's or principal's last known | ||||||
| 20 | address. A return receipt showing
delivery to such address | ||||||
| 21 | within 20 calendar days after the date of the
approval of | ||||||
| 22 | the charges shall constitute proof of service.
| ||||||
| 23 | (2) No hearing upon the charges is required unless the | ||||||
| 24 | teacher or principal
within 17 calendar
days after | ||||||
| 25 | receiving notice requests in writing of the general
| ||||||
| 26 | superintendent that a hearing
be scheduled. Pending the | ||||||
| |||||||
| |||||||
| 1 | hearing of the charges, the general superintendent or his | ||||||
| 2 | or her designee may suspend the teacher or principal | ||||||
| 3 | charged without pay in accordance with rules prescribed by | ||||||
| 4 | the board, provided that if the teacher or principal | ||||||
| 5 | charged is not dismissed based on the charges, he or she | ||||||
| 6 | must be made whole for lost earnings, less setoffs for | ||||||
| 7 | mitigation. | ||||||
| 8 | (3) The board shall maintain a list of at least 9 | ||||||
| 9 | qualified hearing officers who will conduct hearings on | ||||||
| 10 | charges and specifications. The list must be developed in | ||||||
| 11 | good faith consultation with the exclusive representative | ||||||
| 12 | of the board's teachers and professional associations that | ||||||
| 13 | represent the board's principals. The list may be revised | ||||||
| 14 | on July 1st of each year or earlier as needed. To be a | ||||||
| 15 | qualified hearing officer, the person must (i)
be | ||||||
| 16 | accredited by a national arbitration organization and have | ||||||
| 17 | had a minimum
of 5 years of experience as an arbitrator in | ||||||
| 18 | cases involving labor and
employment
relations matters | ||||||
| 19 | between employers and employees or
their exclusive | ||||||
| 20 | bargaining representatives and (ii) beginning September 1, | ||||||
| 21 | 2012, have participated in training provided or approved by | ||||||
| 22 | the State Board of Education for teacher dismissal hearing | ||||||
| 23 | officers so that he or she is familiar with issues | ||||||
| 24 | generally involved in evaluative and non-evaluative | ||||||
| 25 | dismissals.
| ||||||
| 26 | (3) Within 5 business days after receiving the notice | ||||||
| |||||||
| |||||||
| 1 | of request for a hearing, the general superintendent and | ||||||
| 2 | the teacher or principal or
their legal representatives
| ||||||
| 3 | shall alternately strike one name
from the list until only | ||||||
| 4 | one name remains. Unless waived by the teacher,
the teacher | ||||||
| 5 | or principal shall
have the right to proceed first with the | ||||||
| 6 | striking. If the teacher or principal fails to participate | ||||||
| 7 | in the striking process, the general superintendent shall | ||||||
| 8 | either select the hearing officer from the list developed | ||||||
| 9 | pursuant to this paragraph (3) or select another qualified | ||||||
| 10 | hearing officer from the master list maintained by the | ||||||
| 11 | State Board of Education pursuant to subsection (c) of | ||||||
| 12 | Section 24-12 of this Code.
| ||||||
| 13 | (4) If the notice of dismissal was sent to the teacher | ||||||
| 14 | or principal before July 1, 2012, the fees and costs for | ||||||
| 15 | the hearing officer shall be paid by the State
Board of | ||||||
| 16 | Education. If the notice of dismissal was sent to the | ||||||
| 17 | teacher or principal on or after July 1, 2012, the hearing | ||||||
| 18 | officer's fees and costs must be paid as follows in this | ||||||
| 19 | paragraph (4). The fees and permissible costs for the | ||||||
| 20 | hearing officer shall be determined by the State Board of | ||||||
| 21 | Education. If the hearing officer is mutually selected by | ||||||
| 22 | the parties through alternate striking in accordance with | ||||||
| 23 | paragraph (3) of this subsection (a), then the board and | ||||||
| 24 | the teacher or their legal representative shall each pay | ||||||
| 25 | 50% of the fees and costs and any supplemental allowance to | ||||||
| 26 | which they agree. If the hearing officer is selected by the | ||||||
| |||||||
| |||||||
| 1 | general superintendent without the participation of the | ||||||
| 2 | teacher or principal, then the board shall pay 100% of the | ||||||
| 3 | hearing officer fees and costs. The hearing officer shall | ||||||
| 4 | submit for payment a billing statement to the parties that | ||||||
| 5 | itemizes the charges and expenses and divides them in | ||||||
| 6 | accordance with this Section. | ||||||
| 7 | (5) The teacher or the principal charged is required to | ||||||
| 8 | answer the charges and specifications and aver affirmative | ||||||
| 9 | matters in his or her defense, and the time for doing so | ||||||
| 10 | must be set by the hearing officer. The State Board of | ||||||
| 11 | Education shall adopt rules so that each party has a fair | ||||||
| 12 | opportunity to present its case and to ensure that the | ||||||
| 13 | dismissal proceeding is concluded in an expeditious | ||||||
| 14 | manner. The rules shall address, without limitation, the | ||||||
| 15 | teacher or principal's answer and affirmative defenses to | ||||||
| 16 | the charges and specifications; a requirement that each | ||||||
| 17 | party make mandatory disclosures without request to the | ||||||
| 18 | other party and then update the disclosure no later than 10 | ||||||
| 19 | calendar days prior to the commencement of the hearing, | ||||||
| 20 | including a list of the names and addresses of persons who | ||||||
| 21 | may be called as witnesses at the hearing, a summary of the | ||||||
| 22 | facts or opinions each witness will testify to, and all | ||||||
| 23 | other documents and materials, including information | ||||||
| 24 | maintained electronically, relevant to its own as well as | ||||||
| 25 | the other party's case (the hearing officer may exclude | ||||||
| 26 | witnesses and exhibits not identified and shared, except | ||||||
| |||||||
| |||||||
| 1 | those offered in rebuttal for which the party could not | ||||||
| 2 | reasonably have anticipated prior to the hearing); | ||||||
| 3 | pre-hearing discovery and preparation, including provision | ||||||
| 4 | for written interrogatories and requests for production of | ||||||
| 5 | documents, provided that discovery depositions are | ||||||
| 6 | prohibited; the conduct of the hearing; the right of each | ||||||
| 7 | party to be represented by counsel, the offer of evidence | ||||||
| 8 | and witnesses and the cross-examination of witnesses; the | ||||||
| 9 | authority of the hearing officer to issue subpoenas and | ||||||
| 10 | subpoenas duces tecum, provided that the hearing officer | ||||||
| 11 | may limit the number of witnesses to be subpoenaed in | ||||||
| 12 | behalf of each party to no more than 7; the length of | ||||||
| 13 | post-hearing briefs; and the form, length, and content of | ||||||
| 14 | hearing officers' reports and recommendations to the | ||||||
| 15 | general superintendent. | ||||||
| 16 | The hearing officer shall commence the hearing within | ||||||
| 17 | 75 calendar days and conclude the hearing within 120 | ||||||
| 18 | calendar days after being selected by the parties as the | ||||||
| 19 | hearing officer, provided that these timelines may be | ||||||
| 20 | modified upon the showing of good cause or mutual agreement | ||||||
| 21 | of the parties. Good cause for the purposes of this | ||||||
| 22 | paragraph (5) shall mean the illness or otherwise | ||||||
| 23 | unavoidable emergency of the teacher, district | ||||||
| 24 | representative, their legal representatives, the hearing | ||||||
| 25 | officer, or an essential witness as indicated in each | ||||||
| 26 | party's pre-hearing submission. In a dismissal hearing, | ||||||
| |||||||
| |||||||
| 1 | the hearing officer shall consider and give weight to all | ||||||
| 2 | of the teacher's evaluations written pursuant to Article | ||||||
| 3 | 24A that are relevant to the issues in the hearing. The | ||||||
| 4 | teacher or principal has the
privilege of being present at | ||||||
| 5 | the hearing with counsel and of
cross-examining witnesses | ||||||
| 6 | and may offer evidence and witnesses and present
defenses | ||||||
| 7 | to the charges. Each party shall have no more than 3 days | ||||||
| 8 | to present its case, unless extended by the hearing officer | ||||||
| 9 | to enable a party to present adequate evidence and | ||||||
| 10 | testimony, including due to the other party's | ||||||
| 11 | cross-examination of the party's witnesses, for good cause | ||||||
| 12 | or by mutual agreement of the parties. The State Board of | ||||||
| 13 | Education shall define in rules the meaning of "day" for | ||||||
| 14 | such purposes.
All testimony at the hearing shall be taken | ||||||
| 15 | under oath administered by the
hearing officer. The hearing | ||||||
| 16 | officer shall cause a record of the
proceedings to be kept | ||||||
| 17 | and shall employ a competent reporter to take
stenographic | ||||||
| 18 | or stenotype notes of all the testimony. The costs of the
| ||||||
| 19 | reporter's attendance and services at the hearing shall be | ||||||
| 20 | paid by the party or parties who are paying the fees and | ||||||
| 21 | costs of the hearing officer. Either party desiring a | ||||||
| 22 | transcript of the
hearing shall pay for the cost thereof. | ||||||
| 23 | At the close of the hearing, the hearing officer shall | ||||||
| 24 | direct the parties to submit post-hearing briefs no later | ||||||
| 25 | than 21 calendar days after receipt of the transcript. | ||||||
| 26 | Either or both parties may waive submission of briefs.
| ||||||
| |||||||
| |||||||
| 1 | (6) The hearing officer shall within 30 calendar days | ||||||
| 2 | from the conclusion of the hearing
report to the general | ||||||
| 3 | superintendent findings of fact and a recommendation as to | ||||||
| 4 | whether or not the teacher or principal shall
be dismissed | ||||||
| 5 | and shall give a copy of the report to both the
teacher or
| ||||||
| 6 | principal and the general superintendent. The State Board | ||||||
| 7 | of Education shall provide by rule the form of the hearing | ||||||
| 8 | officer's report and recommendation. | ||||||
| 9 | (7) The board, within 45
days of receipt of the hearing | ||||||
| 10 | officer's findings of fact and recommendation,
shall make a | ||||||
| 11 | decision as to whether the teacher or principal shall be | ||||||
| 12 | dismissed
from its employ. The failure of the board to | ||||||
| 13 | strictly adhere to the timeliness
contained herein shall | ||||||
| 14 | not render it without jurisdiction to dismiss the
teacher
| ||||||
| 15 | or principal. In the event that the board declines to | ||||||
| 16 | dismiss the teacher or principal after review of a hearing | ||||||
| 17 | officer's recommendation, the board shall set the amount of | ||||||
| 18 | back pay and benefits to award the teacher or principal, | ||||||
| 19 | which shall include offsets for interim earnings and | ||||||
| 20 | failure to mitigate losses. The board shall establish | ||||||
| 21 | procedures for the teacher's or principal's submission of | ||||||
| 22 | evidence to it regarding lost earnings, lost benefits, | ||||||
| 23 | mitigation, and offsets. The decision
of the board is final | ||||||
| 24 | unless reviewed in accordance with paragraph (8) of this | ||||||
| 25 | subsection (a).
| ||||||
| 26 | (8) The teacher may seek judicial review of the board's | ||||||
| |||||||
| |||||||
| 1 | decision in accordance with the Administrative Review Law, | ||||||
| 2 | which is specifically incorporated in this Section, except | ||||||
| 3 | that the review must be initiated in the Illinois Appellate | ||||||
| 4 | Court for the First District. In the event judicial review | ||||||
| 5 | is instituted, any costs of preparing and
filing the record | ||||||
| 6 | of proceedings shall be paid by the party instituting
the | ||||||
| 7 | review. In the event the appellate court reverses a board | ||||||
| 8 | decision to dismiss a teacher or principal and directs the | ||||||
| 9 | board to pay the teacher or the principal back pay and | ||||||
| 10 | benefits, the appellate court shall remand the matter to | ||||||
| 11 | the board to issue an administrative decision as to the | ||||||
| 12 | amount of back pay and benefits, which shall include a | ||||||
| 13 | calculation of the lost earnings, lost benefits, | ||||||
| 14 | mitigation, and offsets based on evidence submitted to the | ||||||
| 15 | board in accordance with procedures established by the | ||||||
| 16 | board.
| ||||||
| 17 | (b) Nothing in this Section affects the validity of removal | ||||||
| 18 | for cause hearings
commenced prior to June 13, 2011 (the | ||||||
| 19 | effective date of Public Act 97-8) this amendatory Act of the | ||||||
| 20 | 97th General Assembly.
| ||||||
| 21 | The changes made by Public Act 97-8 this amendatory Act of | ||||||
| 22 | the 97th General Assembly shall apply to dismissals instituted | ||||||
| 23 | on or after September 1, 2011 or the effective date of Public | ||||||
| 24 | Act 97-8 this amendatory Act of the 97th General Assembly, | ||||||
| 25 | whichever is later. Any dismissal instituted prior to the | ||||||
| 26 | effective date of these changes must be carried out in | ||||||
| |||||||
| |||||||
| 1 | accordance with the requirements of this Section prior to | ||||||
| 2 | amendment by Public Act 97-8 this amendatory Act of 97th | ||||||
| 3 | General Assembly. | ||||||
| 4 | (Source: P.A. 97-8, eff. 6-13-11; revised 12-1-14.)
| ||||||
| 5 | Section 195. The Illinois School Student Records Act is | ||||||
| 6 | amended by changing Section 6 as follows:
| ||||||
| 7 | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
| ||||||
| 8 | Sec. 6. (a) No school student records or information
| ||||||
| 9 | contained therein may be released, transferred, disclosed or | ||||||
| 10 | otherwise
disseminated, except as follows:
| ||||||
| 11 | (1) to To a parent or student or person specifically
| ||||||
| 12 | designated as a representative by a parent, as provided in | ||||||
| 13 | paragraph (a)
of Section 5;
| ||||||
| 14 | (2) to To an employee or official of the school or
| ||||||
| 15 | school district or State Board with current demonstrable | ||||||
| 16 | educational
or administrative interest in the student, in | ||||||
| 17 | furtherance of such interest;
| ||||||
| 18 | (3) to To the official records custodian of another | ||||||
| 19 | school within
Illinois or an official with similar | ||||||
| 20 | responsibilities of a school
outside Illinois, in which the | ||||||
| 21 | student has enrolled, or intends to enroll,
upon the | ||||||
| 22 | request of such official or student;
| ||||||
| 23 | (4) to To any person for the purpose of research,
| ||||||
| 24 | statistical reporting, or planning, provided that such | ||||||
| |||||||
| |||||||
| 1 | research, statistical reporting, or planning is | ||||||
| 2 | permissible under and undertaken in accordance with the | ||||||
| 3 | federal Family Educational Rights and Privacy Act (20 | ||||||
| 4 | U.S.C. 1232g);
| ||||||
| 5 | (5) pursuant Pursuant to a court order, provided that | ||||||
| 6 | the
parent shall be given prompt written notice upon | ||||||
| 7 | receipt
of such order of the terms of the order, the nature | ||||||
| 8 | and
substance of the information proposed to be released
in | ||||||
| 9 | compliance with such order and an opportunity to
inspect | ||||||
| 10 | and copy the school student records and to
challenge their | ||||||
| 11 | contents pursuant to Section 7;
| ||||||
| 12 | (6) to To any person as specifically required by State
| ||||||
| 13 | or federal law;
| ||||||
| 14 | (6.5) to To juvenile authorities
when necessary for the | ||||||
| 15 | discharge of their official duties
who request information | ||||||
| 16 | prior to
adjudication of the student and who certify in | ||||||
| 17 | writing that the information
will not be disclosed to any | ||||||
| 18 | other party except as provided under law or order
of court. | ||||||
| 19 | For purposes of this Section "juvenile authorities" means:
| ||||||
| 20 | (i) a judge of
the circuit court and members of the staff | ||||||
| 21 | of the court designated by the
judge; (ii) parties to the | ||||||
| 22 | proceedings under the Juvenile Court Act of 1987 and
their | ||||||
| 23 | attorneys; (iii) probation
officers and court appointed | ||||||
| 24 | advocates for the juvenile authorized by the judge
hearing | ||||||
| 25 | the case; (iv) any individual, public or private agency | ||||||
| 26 | having custody
of the child pursuant to court order; (v) | ||||||
| |||||||
| |||||||
| 1 | any individual, public or private
agency providing | ||||||
| 2 | education, medical or mental health service to the child | ||||||
| 3 | when
the requested information is needed to determine the | ||||||
| 4 | appropriate service or
treatment for the minor; (vi) any | ||||||
| 5 | potential placement provider when such
release
is | ||||||
| 6 | authorized by the court for the limited purpose of | ||||||
| 7 | determining the
appropriateness of the potential | ||||||
| 8 | placement; (vii) law enforcement officers and
prosecutors;
| ||||||
| 9 | (viii) adult and juvenile prisoner review boards; (ix) | ||||||
| 10 | authorized military
personnel; (x)
individuals authorized | ||||||
| 11 | by court;
| ||||||
| 12 | (7) subject Subject to regulations of the State Board,
| ||||||
| 13 | in connection with an emergency, to appropriate persons
if | ||||||
| 14 | the knowledge of such information is necessary to protect
| ||||||
| 15 | the health or safety of the student or other
persons;
| ||||||
| 16 | (8) to To any person, with the prior specific dated
| ||||||
| 17 | written consent of the parent designating the person
to | ||||||
| 18 | whom the records may be released, provided that at
the time | ||||||
| 19 | any such consent is requested or obtained,
the parent shall | ||||||
| 20 | be advised in writing that he has the right
to inspect and | ||||||
| 21 | copy such records in accordance with Section 5, to
| ||||||
| 22 | challenge their contents in accordance with Section 7 and | ||||||
| 23 | to limit any such
consent to
designated records or | ||||||
| 24 | designated portions of the information contained
therein;
| ||||||
| 25 | (9) to To a governmental agency, or social service | ||||||
| 26 | agency contracted by a
governmental agency, in furtherance | ||||||
| |||||||
| |||||||
| 1 | of an investigation of a student's school
attendance | ||||||
| 2 | pursuant to the compulsory student attendance laws of this | ||||||
| 3 | State,
provided that the records are released to the | ||||||
| 4 | employee or agent designated by
the agency;
| ||||||
| 5 | (10) to To those SHOCAP committee members who fall | ||||||
| 6 | within the meaning of
"state and local officials and | ||||||
| 7 | authorities", as those terms are used within the
meaning of | ||||||
| 8 | the federal Family Educational Rights and Privacy Act, for
| ||||||
| 9 | the
purposes of identifying serious habitual juvenile | ||||||
| 10 | offenders and matching those
offenders with community | ||||||
| 11 | resources pursuant to Section 5-145 of the Juvenile
Court | ||||||
| 12 | Act of 1987, but only to the extent that the release, | ||||||
| 13 | transfer,
disclosure, or dissemination is consistent with | ||||||
| 14 | the Family Educational Rights
and Privacy Act;
| ||||||
| 15 | (11) to To the Department of Healthcare and Family | ||||||
| 16 | Services in furtherance of the
requirements of Section | ||||||
| 17 | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or | ||||||
| 18 | Section 10 of the School Breakfast and Lunch
Program Act; | ||||||
| 19 | or
| ||||||
| 20 | (12) to To the State Board or another State government | ||||||
| 21 | agency or between or among State government agencies in | ||||||
| 22 | order to evaluate or audit federal and State programs or | ||||||
| 23 | perform research and planning, but only to the extent that | ||||||
| 24 | the release, transfer, disclosure, or dissemination is | ||||||
| 25 | consistent with the federal Family Educational Rights and | ||||||
| 26 | Privacy Act (20 U.S.C. 1232g). | ||||||
| |||||||
| |||||||
| 1 | (b) No information may be released pursuant to subparagraph | ||||||
| 2 | subparagraphs (3) or
(6) of paragraph (a) of this Section 6 | ||||||
| 3 | unless the parent receives
prior written notice of the nature | ||||||
| 4 | and substance of the information
proposed to be released, and | ||||||
| 5 | an opportunity to inspect
and copy such records in accordance | ||||||
| 6 | with Section 5 and to
challenge their contents in accordance | ||||||
| 7 | with Section 7. Provided, however,
that such notice shall be | ||||||
| 8 | sufficient if published in a local newspaper of
general | ||||||
| 9 | circulation or other publication directed generally to the | ||||||
| 10 | parents
involved where the proposed release of information is | ||||||
| 11 | pursuant to
subparagraph (6) 6 of paragraph (a) of in this | ||||||
| 12 | Section 6 and relates to more
than 25 students.
| ||||||
| 13 | (c) A record of any release of information pursuant
to this | ||||||
| 14 | Section must be made and kept as a part of the
school student | ||||||
| 15 | record and subject to the access granted by Section 5.
Such | ||||||
| 16 | record of release shall be maintained for the life of the
| ||||||
| 17 | school student records and shall be available only to the | ||||||
| 18 | parent
and the official records custodian.
Each record of | ||||||
| 19 | release shall also include:
| ||||||
| 20 | (1) the The nature and substance of the information | ||||||
| 21 | released;
| ||||||
| 22 | (2) the The name and signature of the official records
| ||||||
| 23 | custodian releasing such information;
| ||||||
| 24 | (3) the The name of the person requesting such | ||||||
| 25 | information,
the capacity in which such a request has been | ||||||
| 26 | made, and the purpose of such
request;
| ||||||
| |||||||
| |||||||
| 1 | (4) the The date of the release; and
| ||||||
| 2 | (5) a A copy of any consent to such release.
| ||||||
| 3 | (d) Except for the student and his parents, no person
to | ||||||
| 4 | whom information is released pursuant to this Section
and no | ||||||
| 5 | person specifically designated as a representative by a parent
| ||||||
| 6 | may permit any other person to have access to such information | ||||||
| 7 | without a prior
consent of the parent obtained in accordance | ||||||
| 8 | with the requirements
of subparagraph (8) of paragraph (a) of | ||||||
| 9 | this Section.
| ||||||
| 10 | (e) Nothing contained in this Act shall prohibit the
| ||||||
| 11 | publication of student directories which list student names, | ||||||
| 12 | addresses
and other identifying information and similar | ||||||
| 13 | publications which
comply with regulations issued by the State | ||||||
| 14 | Board.
| ||||||
| 15 | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09; | ||||||
| 16 | 96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised 11-26-14.)
| ||||||
| 17 | Section 200. The Critical Health Problems and | ||||||
| 18 | Comprehensive Health
Education Act is amended by changing | ||||||
| 19 | Section 2 as follows:
| ||||||
| 20 | (105 ILCS 110/2) (from Ch. 122, par. 862)
| ||||||
| 21 | Sec. 2. Definitions. The following term has terms shall | ||||||
| 22 | have the following meaning meanings respectively
prescribed | ||||||
| 23 | for them, except as the context otherwise requires:
| ||||||
| 24 | (a) "Comprehensive Health Education Program": a systematic | ||||||
| |||||||
| |||||||
| 1 | and extensive
educational program designed to provide a variety | ||||||
| 2 | of learning experiences
based upon scientific knowledge of the | ||||||
| 3 | human organism as it functions
within its environment which | ||||||
| 4 | will favorably influence the knowledge,
attitudes, values and | ||||||
| 5 | practices of Illinois school youth; and which will
aid them in | ||||||
| 6 | making wise personal decisions in matters of health.
| ||||||
| 7 | (Source: P.A. 77-1405; revised 11-26-14.)
| ||||||
| 8 | Section 205. The School Safety Drill Act is amended by | ||||||
| 9 | changing Section 25 as follows:
| ||||||
| 10 | (105 ILCS 128/25)
| ||||||
| 11 | Sec. 25. Annual review. | ||||||
| 12 | (a) Each public school district, through its school board | ||||||
| 13 | or the board's designee, shall conduct a minimum of one annual | ||||||
| 14 | meeting at which it will review each school building's | ||||||
| 15 | emergency and crisis response plans, protocols, and procedures | ||||||
| 16 | and each building's compliance with the school safety drill | ||||||
| 17 | programs. The purpose of this annual review shall be to review | ||||||
| 18 | and update the emergency and crisis response plans, protocols, | ||||||
| 19 | and procedures and the school safety drill programs of the | ||||||
| 20 | district and each of its school buildings. This review must be | ||||||
| 21 | at no cost to the school district. In updating a school | ||||||
| 22 | building's emergency and crisis response plans, consideration | ||||||
| 23 | may be given to making the emergency and crisis response plans | ||||||
| 24 | available to first responders, administrators, and teachers | ||||||
| |||||||
| |||||||
| 1 | for implementation and utilization through the use of | ||||||
| 2 | electronic applications on electronic devices, including, but | ||||||
| 3 | not limited to, smartphones, tablets, and laptop computers. | ||||||
| 4 | (b) Each school board or the board's designee is required | ||||||
| 5 | to participate in the annual review and to invite each of the | ||||||
| 6 | following parties to the annual review and provide each party | ||||||
| 7 | with a minimum of 30 days' 30-days' notice before the date of | ||||||
| 8 | the annual review: | ||||||
| 9 | (1) The principal of each school within the school | ||||||
| 10 | district or his or her official designee. | ||||||
| 11 | (2) Representatives from any other education-related | ||||||
| 12 | organization or association deemed appropriate by the | ||||||
| 13 | school district. | ||||||
| 14 | (3) Representatives from all local first responder | ||||||
| 15 | organizations to participate, advise, and consult in the | ||||||
| 16 | review process, including, but not limited to: | ||||||
| 17 | (A) the appropriate local fire department or | ||||||
| 18 | district; | ||||||
| 19 | (B) the appropriate local law enforcement agency; | ||||||
| 20 | (C) the appropriate local emergency medical | ||||||
| 21 | services agency if the agency is a separate, local | ||||||
| 22 | first responder unit; and | ||||||
| 23 | (D) any other member of the first responder or | ||||||
| 24 | emergency management community that has contacted the | ||||||
| 25 | district superintendent or his or her designee during | ||||||
| 26 | the past year to request involvement in a school's | ||||||
| |||||||
| |||||||
| 1 | emergency planning or drill process. | ||||||
| 2 | (4) The school board or its designee may also choose to | ||||||
| 3 | invite to the annual review any other persons whom it | ||||||
| 4 | believes will aid in the review process, including, but not | ||||||
| 5 | limited to, any members of any other education-related | ||||||
| 6 | organization or the first responder or emergency | ||||||
| 7 | management community. | ||||||
| 8 | (c) Upon the conclusion of the annual review, the school | ||||||
| 9 | board or the board's designee shall sign a one page report, | ||||||
| 10 | which may be in either a check-off format or a narrative | ||||||
| 11 | format, that does the following: | ||||||
| 12 | (1) summarizes the review's recommended changes to the | ||||||
| 13 | existing school safety plans and drill plans; | ||||||
| 14 | (2) lists the parties that participated in the annual | ||||||
| 15 | review, and includes the annual review's attendance | ||||||
| 16 | record; | ||||||
| 17 | (3) certifies that an effective review of the emergency | ||||||
| 18 | and crisis response plans, protocols, and procedures and | ||||||
| 19 | the school safety drill programs of the district and each | ||||||
| 20 | of its school buildings has occurred; | ||||||
| 21 | (4) states that the school district will implement | ||||||
| 22 | those plans, protocols, procedures, and programs, during | ||||||
| 23 | the academic year; and | ||||||
| 24 | (5) includes the authorization of the school board or | ||||||
| 25 | the board's designee. | ||||||
| 26 | (d) The school board or its designee shall send a copy of | ||||||
| |||||||
| |||||||
| 1 | the report to each party that participates in the annual review | ||||||
| 2 | process and to the appropriate regional superintendent of | ||||||
| 3 | schools. If any of the participating parties have comments on | ||||||
| 4 | the certification document, those parties shall submit their | ||||||
| 5 | comments in writing to the appropriate regional | ||||||
| 6 | superintendent. The regional superintendent shall maintain a | ||||||
| 7 | record of these comments. The certification document may be in | ||||||
| 8 | a check-off format or narrative format, at the discretion of | ||||||
| 9 | the district superintendent. | ||||||
| 10 | (e) The review must occur at least once during the fiscal | ||||||
| 11 | year, at a specific time chosen at the school district | ||||||
| 12 | superintendent's discretion.
| ||||||
| 13 | (f) A private school shall conduct a minimum of one annual | ||||||
| 14 | meeting at which the school must review each school building's | ||||||
| 15 | emergency and crisis response plans, protocols, and procedures | ||||||
| 16 | and each building's compliance with the school safety drill | ||||||
| 17 | programs of the school. The purpose of this annual review shall | ||||||
| 18 | be to review and update the emergency and crisis response | ||||||
| 19 | plans, protocols, and procedures and the school safety drill | ||||||
| 20 | programs of the school. This review must be at no cost to the | ||||||
| 21 | private school. | ||||||
| 22 | The private school shall invite representatives from all | ||||||
| 23 | local first responder organizations to participate, advise, | ||||||
| 24 | and consult in the review process, including, but not limited | ||||||
| 25 | to, the following: | ||||||
| 26 | (1) the appropriate local fire department or fire | ||||||
| |||||||
| |||||||
| 1 | protection district; | ||||||
| 2 | (2) the appropriate local law enforcement agency; | ||||||
| 3 | (3) the appropriate local emergency medical services | ||||||
| 4 | agency if the agency is a separate, local first responder | ||||||
| 5 | unit; and | ||||||
| 6 | (4) any other member of the first responder or | ||||||
| 7 | emergency management community that has contacted the | ||||||
| 8 | school's chief administrative officer or his or her | ||||||
| 9 | designee during the past year to request involvement in the | ||||||
| 10 | school's emergency planning or drill process. | ||||||
| 11 | (Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14; | ||||||
| 12 | revised 7-15-14.)
| ||||||
| 13 | Section 210. The Illinois Credit Union Act is amended by | ||||||
| 14 | changing Sections 46 and 57.1 as follows:
| ||||||
| 15 | (205 ILCS 305/46) (from Ch. 17, par. 4447)
| ||||||
| 16 | Sec. 46. Loans and interest rate.
| ||||||
| 17 | (1) A credit union may make loans
to its members for such | ||||||
| 18 | purpose and upon such security and terms, including
rates of | ||||||
| 19 | interest, as the credit committee, credit manager, or loan | ||||||
| 20 | officer
approves.
Notwithstanding the provisions of any other | ||||||
| 21 | law in connection with extensions
of credit, a credit union may | ||||||
| 22 | elect to
contract for and receive interest and fees and other | ||||||
| 23 | charges for extensions of
credit subject only to the provisions | ||||||
| 24 | of this Act and rules promulgated under
this Act, except that | ||||||
| |||||||
| |||||||
| 1 | extensions of credit secured by residential real estate
shall | ||||||
| 2 | be subject to the laws applicable thereto.
The rates of | ||||||
| 3 | interest to be charged on loans to members shall be
set by the | ||||||
| 4 | board of directors of each individual credit union in | ||||||
| 5 | accordance with Section 30 of this Act and such
rates may be | ||||||
| 6 | less than, but may not exceed, the maximum rate set forth in
| ||||||
| 7 | this Section. A borrower may repay his loan prior to maturity, | ||||||
| 8 | in whole or
in part, without penalty. The credit contract may | ||||||
| 9 | provide for the payment
by the member and receipt by the credit | ||||||
| 10 | union of all costs and
disbursements, including reasonable | ||||||
| 11 | attorney's fees and collection agency
charges, incurred by the | ||||||
| 12 | credit union to collect or enforce the debt in the
event of a | ||||||
| 13 | delinquency by the member, or in the event of a breach of any
| ||||||
| 14 | obligation of the member under the credit contract. A | ||||||
| 15 | contingency or
hourly arrangement established under an | ||||||
| 16 | agreement entered into by a credit
union with an attorney or | ||||||
| 17 | collection agency to collect a loan of a member
in default | ||||||
| 18 | shall be presumed prima facie reasonable.
| ||||||
| 19 | (2) Credit unions may make loans based upon the security of | ||||||
| 20 | any
interest or equity in real estate, subject to rules and | ||||||
| 21 | regulations
promulgated by the Secretary. In any contract or | ||||||
| 22 | loan which
is secured by a mortgage, deed of
trust, or | ||||||
| 23 | conveyance in the nature of a mortgage, on residential real
| ||||||
| 24 | estate, the interest which is computed, calculated, charged, or | ||||||
| 25 | collected
pursuant to such contract or loan, or pursuant to any | ||||||
| 26 | regulation or rule
promulgated pursuant to this Act, may not be | ||||||
| |||||||
| |||||||
| 1 | computed, calculated, charged
or collected for any period of | ||||||
| 2 | time occurring after the date on which the
total indebtedness, | ||||||
| 3 | with the exception of late payment penalties, is paid
in full.
| ||||||
| 4 | For purposes of this subsection (2) of this Section 46, a | ||||||
| 5 | prepayment
shall mean the payment of the total indebtedness, | ||||||
| 6 | with the exception of
late payment penalties if incurred or | ||||||
| 7 | charged, on any date before the date
specified in the contract | ||||||
| 8 | or loan agreement on which the total indebtedness
shall be paid | ||||||
| 9 | in full, or before the date on which all payments, if timely
| ||||||
| 10 | made, shall have been made. In the event of a prepayment of the
| ||||||
| 11 | indebtedness which is made on a date
after the date on which | ||||||
| 12 | interest on the indebtedness was last computed,
calculated, | ||||||
| 13 | charged, or collected but before the next date on which | ||||||
| 14 | interest
on the indebtedness was to be calculated, computed, | ||||||
| 15 | charged, or collected,
the lender may calculate, charge and | ||||||
| 16 | collect interest on the indebtedness
for the period which | ||||||
| 17 | elapsed between the date on which the prepayment is
made and | ||||||
| 18 | the date on which interest on the indebtedness was last | ||||||
| 19 | computed,
calculated, charged or collected at a rate equal to | ||||||
| 20 | 1/360 of the annual
rate for each day which so elapsed, which | ||||||
| 21 | rate shall be applied to the
indebtedness outstanding as of the | ||||||
| 22 | date of prepayment. The lender shall
refund to the borrower any | ||||||
| 23 | interest charged or collected which exceeds that
which the | ||||||
| 24 | lender may charge or collect pursuant to the preceding | ||||||
| 25 | sentence.
The provisions of this amendatory Act of 1985 shall | ||||||
| 26 | apply only to contracts
or loans entered into on or after the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory
Act.
| ||||||
| 2 | (3) Notwithstanding any other provision of this Act, a | ||||||
| 3 | credit union
authorized under this Act to make loans secured by | ||||||
| 4 | an interest or equity in
real estate may engage in making | ||||||
| 5 | "reverse mortgage" loans to persons for
the purpose of making | ||||||
| 6 | home improvements or repairs, paying insurance
premiums or | ||||||
| 7 | paying real estate taxes on the homestead properties
of such | ||||||
| 8 | persons. If made, such loans shall be made on such terms and
| ||||||
| 9 | conditions as the credit union shall determine and as shall be | ||||||
| 10 | consistent
with the provisions of this Section and such rules | ||||||
| 11 | and regulations as the Secretary
shall promulgate hereunder. | ||||||
| 12 | For purposes of this Section, a
"reverse mortgage" loan shall | ||||||
| 13 | be a loan extended on the basis of existing
equity in homestead | ||||||
| 14 | property and secured by a mortgage on such property.
Such loans | ||||||
| 15 | shall be repaid upon the sale of the property or upon the death
| ||||||
| 16 | of the owner or, if the property is in joint tenancy, upon the | ||||||
| 17 | death of the
last surviving joint tenant who had such an | ||||||
| 18 | interest in the property at the
time the loan was initiated, | ||||||
| 19 | provided, however, that the credit union and
its member may by | ||||||
| 20 | mutual agreement, establish other repayment terms. A
credit | ||||||
| 21 | union, in making a "reverse mortgage" loan, may add deferred
| ||||||
| 22 | interest to principal or otherwise provide for the charging of | ||||||
| 23 | interest or
premiums on such deferred interest. "Homestead" | ||||||
| 24 | property, for purposes of
this Section, means the domicile and | ||||||
| 25 | contiguous real estate owned and
occupied by the mortgagor.
| ||||||
| 26 | (4) Notwithstanding any other provisions of this Act, a | ||||||
| |||||||
| |||||||
| 1 | credit union
authorized under this Act to make loans secured by | ||||||
| 2 | an interest or equity
in real property may engage in making | ||||||
| 3 | revolving credit loans secured by
mortgages or deeds of trust | ||||||
| 4 | on such real property or by security
assignments of beneficial | ||||||
| 5 | interests in land trusts.
| ||||||
| 6 | For purposes of this Section, "revolving credit" has the | ||||||
| 7 | meaning defined
in Section 4.1 of the Interest Act.
| ||||||
| 8 | Any mortgage or deed of trust given to secure a revolving | ||||||
| 9 | credit loan may,
and when so expressed therein shall, secure | ||||||
| 10 | not only the existing indebtedness
but also such future | ||||||
| 11 | advances, whether such advances are obligatory or to
be made at | ||||||
| 12 | the option of the lender, or otherwise, as are made within | ||||||
| 13 | twenty
years from the date thereof, to the same extent as if | ||||||
| 14 | such future advances
were made on the date of the execution of | ||||||
| 15 | such mortgage or deed of trust,
although there may be no | ||||||
| 16 | advance made at the time of execution of such mortgage
or other | ||||||
| 17 | instrument, and although there may be no indebtedness | ||||||
| 18 | outstanding
at the time any advance is made. The lien of such | ||||||
| 19 | mortgage or deed of trust,
as to third persons
without actual | ||||||
| 20 | notice thereof, shall be valid as to all such indebtedness
and | ||||||
| 21 | future advances form the time said mortgage or deed of trust is | ||||||
| 22 | filed
for record in the office of the recorder of deeds or the | ||||||
| 23 | registrar of titles
of the county where the real property | ||||||
| 24 | described therein is located. The
total amount of indebtedness | ||||||
| 25 | that may be so secured may increase or decrease
from time to | ||||||
| 26 | time, but the total unpaid balance so secured at any one time
| ||||||
| |||||||
| |||||||
| 1 | shall not exceed a maximum principal amount which must be | ||||||
| 2 | specified in such
mortgage or deed of trust, plus interest | ||||||
| 3 | thereon, and any disbursements
made for the payment of taxes, | ||||||
| 4 | special assessments, or insurance on said
real property, with | ||||||
| 5 | interest on such disbursements.
| ||||||
| 6 | Any such mortgage or deed of trust shall be valid and have | ||||||
| 7 | priority over
all subsequent liens and encumbrances, including | ||||||
| 8 | statutory liens, except
taxes and assessments levied on said | ||||||
| 9 | real property.
| ||||||
| 10 | (4-5) For purposes of this Section, "real estate" and "real | ||||||
| 11 | property" include a manufactured home as defined in subdivision | ||||||
| 12 | (53) of Section 9-102 of the Uniform Commercial Code which is | ||||||
| 13 | real property as defined in Section 5-35 of the Conveyance and | ||||||
| 14 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 15 | Severance Act. | ||||||
| 16 | (5) Compliance with federal or Illinois preemptive laws or | ||||||
| 17 | regulations
governing loans made by a credit union chartered | ||||||
| 18 | under this Act shall
constitute compliance with this Act.
| ||||||
| 19 | (6) Credit unions may make residential real estate mortgage | ||||||
| 20 | loans on terms and conditions established by the United States | ||||||
| 21 | Department of Agriculture through its Rural Development | ||||||
| 22 | Housing and Community Facilities Program. The portion of any | ||||||
| 23 | loan in excess of the appraised value of the real estate shall | ||||||
| 24 | be allocable only to the guarantee fee required under the | ||||||
| 25 | program. | ||||||
| 26 | (7) For a renewal, refinancing, or restructuring of an | ||||||
| |||||||
| |||||||
| 1 | existing loan that is secured by an interest or equity in real | ||||||
| 2 | estate, a new appraisal of the collateral shall not be required | ||||||
| 3 | when the transaction involves an existing extension of credit | ||||||
| 4 | at the credit union, no new moneys are advanced other than | ||||||
| 5 | funds necessary to cover reasonable closing costs, and there | ||||||
| 6 | has been no obvious or material change in market conditions or | ||||||
| 7 | physical aspects of the real estate that threatens the adequacy | ||||||
| 8 | of the credit union's real estate collateral protection after | ||||||
| 9 | the transaction. | ||||||
| 10 | (Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14; | ||||||
| 11 | 98-784, eff. 7-24-14; revised 10-2-14.)
| ||||||
| 12 | (205 ILCS 305/57.1) | ||||||
| 13 | Sec. 57.1. Services to other credit unions. | ||||||
| 14 | (a) A credit union may act as a representative of and enter | ||||||
| 15 | into an agreement with credit unions or other organizations for | ||||||
| 16 | the purposes purpose of: | ||||||
| 17 | (1) sharing, utilizing, renting, leasing, purchasing, | ||||||
| 18 | selling, and joint ownership of fixed assets or engaging in | ||||||
| 19 | activities and services that relate to the daily operations | ||||||
| 20 | of credit unions; and | ||||||
| 21 | (2) providing correspondent services to other credit | ||||||
| 22 | unions that the service provider credit union is authorized | ||||||
| 23 | to perform for its own members or as part of its | ||||||
| 24 | operations, including, but not limited to, loan | ||||||
| 25 | processing, loan servicing, member check cashing services, | ||||||
| |||||||
| |||||||
| 1 | disbursing share withdrawals and loan proceeds, cashing | ||||||
| 2 | and selling money orders, ACH and wire transfer services, | ||||||
| 3 | coin and currency services, performing internal audits, | ||||||
| 4 | and automated teller machine deposit services.
| ||||||
| 5 | (Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.)
| ||||||
| 6 | Section 215. The Residential Mortgage License Act of 1987 | ||||||
| 7 | is amended by changing Section 1-4 as follows:
| ||||||
| 8 | (205 ILCS 635/1-4) | ||||||
| 9 | Sec. 1-4. Definitions. The following words and phrases have | ||||||
| 10 | the meanings given to them in this Section: | ||||||
| 11 | (a) "Residential real property" or "residential real | ||||||
| 12 | estate" shall mean any real property located in Illinois, | ||||||
| 13 | upon which is constructed or intended to be constructed a | ||||||
| 14 | dwelling. Those terms include a manufactured home as | ||||||
| 15 | defined in subdivision (53) of Section 9-102 of the Uniform | ||||||
| 16 | Commercial Code which is real property as defined in | ||||||
| 17 | Section 5-35 of the Conveyance and Encumbrance of | ||||||
| 18 | Manufactured Homes as Real Property and Severance Act. | ||||||
| 19 | (b) "Making a residential mortgage loan" or "funding a | ||||||
| 20 | residential mortgage
loan" shall mean for compensation or | ||||||
| 21 | gain, either directly or indirectly,
advancing funds or | ||||||
| 22 | making a commitment to advance funds to a loan applicant
| ||||||
| 23 | for a residential mortgage loan. | ||||||
| 24 | (c) "Soliciting, processing, placing, or negotiating a | ||||||
| |||||||
| |||||||
| 1 | residential
mortgage loan" shall mean for compensation or | ||||||
| 2 | gain, either directly or
indirectly, accepting or offering | ||||||
| 3 | to accept an application for a
residential mortgage loan, | ||||||
| 4 | assisting or offering to assist in the
processing of an | ||||||
| 5 | application for a residential mortgage loan on behalf of a
| ||||||
| 6 | borrower, or negotiating or offering to negotiate the terms | ||||||
| 7 | or conditions
of a residential mortgage loan with a lender | ||||||
| 8 | on behalf of a borrower
including, but not limited to, the | ||||||
| 9 | submission of credit packages for the
approval of lenders, | ||||||
| 10 | the preparation of residential mortgage loan closing
| ||||||
| 11 | documents, including a closing in the name of a broker. | ||||||
| 12 | (d) "Exempt person or entity" shall mean the following: | ||||||
| 13 | (1) (i) Any banking organization or foreign | ||||||
| 14 | banking corporation
licensed by the Illinois | ||||||
| 15 | Commissioner of Banks and Real Estate or the
United | ||||||
| 16 | States Comptroller of the Currency to transact | ||||||
| 17 | business in this
State; (ii) any national bank, | ||||||
| 18 | federally chartered savings and loan
association, | ||||||
| 19 | federal savings bank, federal credit union; (iii) | ||||||
| 20 | (blank); (iv) any bank, savings and loan
association, | ||||||
| 21 | savings bank, or credit union organized under the laws | ||||||
| 22 | of this
or any other state; (v) any Illinois Consumer | ||||||
| 23 | Installment Loan Act licensee;
(vi) any insurance | ||||||
| 24 | company authorized to transact business in this State;
| ||||||
| 25 | (vii) any entity engaged solely in commercial mortgage | ||||||
| 26 | lending; (viii) any
service corporation of a savings | ||||||
| |||||||
| |||||||
| 1 | and loan association or savings bank organized
under | ||||||
| 2 | the laws of this State or the service corporation of a | ||||||
| 3 | federally
chartered savings and loan association or | ||||||
| 4 | savings bank having
its principal place of business in | ||||||
| 5 | this State, other than a service
corporation licensed | ||||||
| 6 | or entitled to reciprocity under the Real Estate
| ||||||
| 7 | License Act of 2000; or (ix) any first tier subsidiary | ||||||
| 8 | of a
bank, the charter of which is issued under the | ||||||
| 9 | Illinois Banking Act
by the Illinois Commissioner of | ||||||
| 10 | Banks and Real Estate,
or the first tier subsidiary of | ||||||
| 11 | a bank chartered by the United States
Comptroller of | ||||||
| 12 | the Currency and that has its principal place of | ||||||
| 13 | business
in this State, provided that the first tier | ||||||
| 14 | subsidiary is regularly
examined by the Illinois | ||||||
| 15 | Commissioner of Banks and Real Estate
or the | ||||||
| 16 | Comptroller of the Currency, or a consumer compliance | ||||||
| 17 | examination is
regularly conducted by the Federal | ||||||
| 18 | Reserve Board. | ||||||
| 19 | (1.5) Any employee of a person or entity mentioned | ||||||
| 20 | in
item (1) of this subsection, when acting for such | ||||||
| 21 | person or entity, or any registered mortgage loan | ||||||
| 22 | originator when acting for an entity described in | ||||||
| 23 | subsection (tt) of this Section. | ||||||
| 24 | (1.8) Any person or entity that does not originate | ||||||
| 25 | mortgage loans in the ordinary course of business, but | ||||||
| 26 | makes or acquires residential mortgage loans with his | ||||||
| |||||||
| |||||||
| 1 | or her own funds for his or her or its own investment | ||||||
| 2 | without intent to make, acquire, or resell more than 3 | ||||||
| 3 | residential mortgage loans in any one calendar year. | ||||||
| 4 | (2) (Blank). | ||||||
| 5 | (3) Any person employed by a licensee to assist in | ||||||
| 6 | the performance of
the residential mortgage licensee's | ||||||
| 7 | activities regulated by this Act who is compensated in | ||||||
| 8 | any manner by
only one licensee. | ||||||
| 9 | (4) (Blank). | ||||||
| 10 | (5) Any individual, corporation, partnership, or | ||||||
| 11 | other entity that
originates, services, or brokers | ||||||
| 12 | residential mortgage loans, as these
activities are | ||||||
| 13 | defined in this Act, and who or which receives no
| ||||||
| 14 | compensation for those activities, subject to the | ||||||
| 15 | Commissioner's
regulations and the federal Secure and | ||||||
| 16 | Fair Enforcement for Mortgage Licensing Act of 2008 and | ||||||
| 17 | the rules promulgated under that Act with regard to the | ||||||
| 18 | nature and amount of compensation. | ||||||
| 19 | (6) (Blank). | ||||||
| 20 | (e) "Licensee" or "residential mortgage licensee" | ||||||
| 21 | shall mean a person,
partnership, association, | ||||||
| 22 | corporation, or any other entity who or which is
licensed | ||||||
| 23 | pursuant to this Act to engage in the activities regulated | ||||||
| 24 | by
this Act. | ||||||
| 25 | (f) "Mortgage loan" "residential mortgage loan" or | ||||||
| 26 | "home
mortgage loan" shall mean any loan primarily for | ||||||
| |||||||
| |||||||
| 1 | personal, family, or household use that is secured by a | ||||||
| 2 | mortgage, deed of trust, or other equivalent consensual | ||||||
| 3 | security interest on a dwelling as defined in Section | ||||||
| 4 | 103(v) of the federal Truth in Lending Act, or residential | ||||||
| 5 | real estate upon which is constructed or intended to be | ||||||
| 6 | constructed a dwelling. | ||||||
| 7 | (g) "Lender" shall mean any person, partnership, | ||||||
| 8 | association,
corporation, or any other entity who either | ||||||
| 9 | lends or invests money in
residential mortgage loans. | ||||||
| 10 | (h) "Ultimate equitable owner" shall mean a person who, | ||||||
| 11 | directly
or indirectly, owns or controls an ownership | ||||||
| 12 | interest in a corporation,
foreign corporation, alien | ||||||
| 13 | business organization, trust, or any other form
of business | ||||||
| 14 | organization regardless of whether the person owns or | ||||||
| 15 | controls
the ownership interest through one or more persons | ||||||
| 16 | or one or more proxies,
powers of attorney, nominees, | ||||||
| 17 | corporations, associations, partnerships,
trusts, joint | ||||||
| 18 | stock companies, or other entities or devices, or any
| ||||||
| 19 | combination thereof. | ||||||
| 20 | (i) "Residential mortgage financing transaction" shall | ||||||
| 21 | mean the negotiation,
acquisition, sale, or arrangement | ||||||
| 22 | for or the offer to negotiate, acquire,
sell, or arrange | ||||||
| 23 | for, a residential mortgage loan or residential mortgage
| ||||||
| 24 | loan commitment. | ||||||
| 25 | (j) "Personal residence address" shall mean a street | ||||||
| 26 | address and shall
not include a post office box number. | ||||||
| |||||||
| |||||||
| 1 | (k) "Residential mortgage loan commitment" shall mean | ||||||
| 2 | a contract for
residential mortgage loan financing. | ||||||
| 3 | (l) "Party to a residential mortgage financing | ||||||
| 4 | transaction" shall mean a
borrower, lender, or loan broker | ||||||
| 5 | in a residential mortgage financing
transaction. | ||||||
| 6 | (m) "Payments" shall mean payment of all or any of the | ||||||
| 7 | following:
principal, interest and escrow reserves for | ||||||
| 8 | taxes, insurance and other related
reserves, and | ||||||
| 9 | reimbursement for lender advances. | ||||||
| 10 | (n) "Commissioner" shall mean the Commissioner of | ||||||
| 11 | Banks and Real Estate, except that, beginning on April 6, | ||||||
| 12 | 2009 (the effective date of Public Act 95-1047), all | ||||||
| 13 | references in this Act to the Commissioner of Banks and | ||||||
| 14 | Real Estate are deemed, in appropriate contexts, to be | ||||||
| 15 | references to the Secretary of Financial and Professional | ||||||
| 16 | Regulation, or his or her designee, including the Director | ||||||
| 17 | of the Division of Banking of the Department of Financial | ||||||
| 18 | and Professional Regulation. | ||||||
| 19 | (n-1) "Director" shall mean the Director of the | ||||||
| 20 | Division of Banking of the Department of Financial and | ||||||
| 21 | Professional Regulation, except that, beginning on July | ||||||
| 22 | 31, 2009 (the effective date of Public Act 96-112), all | ||||||
| 23 | references in this Act to the Director are deemed, in | ||||||
| 24 | appropriate contexts, to be the Secretary of Financial and | ||||||
| 25 | Professional Regulation, or his or her designee, including | ||||||
| 26 | the Director of the Division of Banking of the Department | ||||||
| |||||||
| |||||||
| 1 | of Financial and Professional Regulation. | ||||||
| 2 | (o) "Loan brokering", "brokering", or "brokerage | ||||||
| 3 | service" shall mean the act
of helping to obtain from | ||||||
| 4 | another entity, for a borrower, a loan secured by
| ||||||
| 5 | residential real estate situated in Illinois or assisting a | ||||||
| 6 | borrower in
obtaining a loan secured by residential real | ||||||
| 7 | estate situated in Illinois in
return for consideration to | ||||||
| 8 | be paid by either the borrower or the lender
including, but | ||||||
| 9 | not limited to, contracting for the delivery of residential
| ||||||
| 10 | mortgage loans to a third party lender and soliciting, | ||||||
| 11 | processing, placing,
or negotiating residential mortgage | ||||||
| 12 | loans. | ||||||
| 13 | (p) "Loan broker" or "broker" shall mean a person, | ||||||
| 14 | partnership,
association, corporation, or limited | ||||||
| 15 | liability company, other than
those persons, partnerships,
| ||||||
| 16 | associations, corporations, or limited liability companies | ||||||
| 17 | exempted
from licensing pursuant to Section
1-4, | ||||||
| 18 | subsection (d), of this Act, who performs the activities | ||||||
| 19 | described
in subsections (c), (o), and (yy) of this | ||||||
| 20 | Section. | ||||||
| 21 | (q) "Servicing" shall mean the collection or | ||||||
| 22 | remittance for or the
right or obligation to collect or | ||||||
| 23 | remit for any lender, noteowner,
noteholder, or for a | ||||||
| 24 | licensee's own account, of payments, interests,
principal, | ||||||
| 25 | and trust items such as hazard insurance and taxes on a
| ||||||
| 26 | residential mortgage loan in accordance with the terms of | ||||||
| |||||||
| |||||||
| 1 | the residential
mortgage loan; and includes loan payment | ||||||
| 2 | follow-up, delinquency loan
follow-up, loan analysis and | ||||||
| 3 | any notifications to the borrower that are
necessary to | ||||||
| 4 | enable the borrower to keep the loan current and in good | ||||||
| 5 | standing. "Servicing" includes management of third-party | ||||||
| 6 | entities acting on behalf of a residential mortgage | ||||||
| 7 | licensee for the collection of delinquent payments and the | ||||||
| 8 | use by such third-party entities of said licensee's | ||||||
| 9 | servicing records or information, including their use in | ||||||
| 10 | foreclosure. | ||||||
| 11 | (r) "Full service office" shall mean an office, | ||||||
| 12 | provided by the licensee and not subleased from the | ||||||
| 13 | licensee's employees, and staff in Illinois
reasonably | ||||||
| 14 | adequate to handle efficiently communications, questions, | ||||||
| 15 | and
other matters relating to any application for, or an | ||||||
| 16 | existing home mortgage
secured by residential real estate | ||||||
| 17 | situated in Illinois
with respect to which the licensee is | ||||||
| 18 | brokering, funding originating,
purchasing, or servicing. | ||||||
| 19 | The management and operation of each full service
office | ||||||
| 20 | must include observance of good business practices such as | ||||||
| 21 | proper signage; adequate,
organized, and accurate books | ||||||
| 22 | and records; ample phone lines, hours of
business, staff | ||||||
| 23 | training and supervision, and provision for a mechanism to
| ||||||
| 24 | resolve consumer inquiries, complaints, and problems. The | ||||||
| 25 | Commissioner
shall issue regulations with regard to these | ||||||
| 26 | requirements and shall include
an evaluation of compliance | ||||||
| |||||||
| |||||||
| 1 | with this Section in his or her periodic
examination of | ||||||
| 2 | each licensee. | ||||||
| 3 | (s) "Purchasing" shall mean the purchase of | ||||||
| 4 | conventional or
government-insured mortgage loans secured | ||||||
| 5 | by residential real estate
situated in Illinois from either | ||||||
| 6 | the lender or from the secondary market. | ||||||
| 7 | (t) "Borrower" shall mean the person or persons who | ||||||
| 8 | seek the services of
a loan broker, originator, or lender. | ||||||
| 9 | (u) "Originating" shall mean the issuing of | ||||||
| 10 | commitments for and funding of
residential mortgage loans. | ||||||
| 11 | (v) "Loan brokerage agreement" shall mean a written | ||||||
| 12 | agreement in which a
broker or loan broker agrees to do | ||||||
| 13 | either of the following: | ||||||
| 14 | (1) obtain a residential mortgage loan for the | ||||||
| 15 | borrower or assist the
borrower in obtaining a | ||||||
| 16 | residential mortgage loan; or | ||||||
| 17 | (2) consider making a residential mortgage loan to | ||||||
| 18 | the borrower. | ||||||
| 19 | (w) "Advertisement" shall mean the attempt by | ||||||
| 20 | publication,
dissemination, or circulation to induce, | ||||||
| 21 | directly or indirectly,
any person to enter into a | ||||||
| 22 | residential mortgage loan agreement or
residential | ||||||
| 23 | mortgage loan brokerage agreement relative to a
mortgage | ||||||
| 24 | secured by residential real estate situated in Illinois. | ||||||
| 25 | (x) "Residential Mortgage Board" shall mean the | ||||||
| 26 | Residential Mortgage
Board created in Section 1-5 of this | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | (y) "Government-insured mortgage loan" shall mean any | ||||||
| 3 | mortgage loan made
on the security of residential real | ||||||
| 4 | estate insured by the Department of
Housing and Urban | ||||||
| 5 | Development or Farmers Home Loan Administration, or
| ||||||
| 6 | guaranteed by the Veterans Administration. | ||||||
| 7 | (z) "Annual audit" shall mean a certified audit of the | ||||||
| 8 | licensee's books and
records and systems of internal | ||||||
| 9 | control performed by a certified public
accountant in | ||||||
| 10 | accordance with generally accepted accounting principles
| ||||||
| 11 | and generally accepted auditing standards. | ||||||
| 12 | (aa) "Financial institution" shall mean a savings and | ||||||
| 13 | loan
association, savings bank, credit union, or a bank | ||||||
| 14 | organized under the
laws of Illinois or a savings and loan | ||||||
| 15 | association, savings bank,
credit union or a bank organized | ||||||
| 16 | under the laws of the United States and
headquartered in | ||||||
| 17 | Illinois. | ||||||
| 18 | (bb) "Escrow agent" shall mean a third party, | ||||||
| 19 | individual or entity
charged with the fiduciary obligation | ||||||
| 20 | for holding escrow funds on a
residential mortgage loan | ||||||
| 21 | pending final payout of those funds
in accordance with the | ||||||
| 22 | terms of the residential mortgage loan. | ||||||
| 23 | (cc) "Net worth" shall have the meaning ascribed | ||||||
| 24 | thereto in Section 3-5
of this Act. | ||||||
| 25 | (dd) "Affiliate" shall mean: | ||||||
| 26 | (1) any entity that directly controls or is | ||||||
| |||||||
| |||||||
| 1 | controlled by the licensee
and any other company that | ||||||
| 2 | is directly affecting activities regulated by
this Act | ||||||
| 3 | that is controlled by the company that controls the | ||||||
| 4 | licensee; | ||||||
| 5 | (2) any entity: | ||||||
| 6 | (A) that is controlled, directly or | ||||||
| 7 | indirectly, by a trust or otherwise,
by or for the | ||||||
| 8 | benefit of shareholders who beneficially or | ||||||
| 9 | otherwise
control, directly or indirectly, by | ||||||
| 10 | trust or otherwise, the licensee or any
company | ||||||
| 11 | that controls the licensee; or | ||||||
| 12 | (B) a majority of the directors or trustees of | ||||||
| 13 | which constitute a
majority of the persons holding | ||||||
| 14 | any such office with the licensee or any
company | ||||||
| 15 | that controls the licensee; | ||||||
| 16 | (3) any company, including a real estate | ||||||
| 17 | investment trust, that is
sponsored and advised on a | ||||||
| 18 | contractual basis by the licensee or any
subsidiary or | ||||||
| 19 | affiliate of the licensee. | ||||||
| 20 | The Commissioner may define by rule and regulation any | ||||||
| 21 | terms used
in this Act for the efficient and clear | ||||||
| 22 | administration of this Act. | ||||||
| 23 | (ee) "First tier subsidiary" shall be defined by | ||||||
| 24 | regulation
incorporating the comparable definitions used | ||||||
| 25 | by the Office of the
Comptroller of the Currency and the | ||||||
| 26 | Illinois Commissioner of Banks
and Real Estate. | ||||||
| |||||||
| |||||||
| 1 | (ff) "Gross delinquency rate" means the quotient | ||||||
| 2 | determined by dividing
(1) the sum of (i) the number of | ||||||
| 3 | government-insured residential mortgage loans
funded or | ||||||
| 4 | purchased by a licensee in the preceding calendar year that | ||||||
| 5 | are
delinquent and (ii) the number of conventional | ||||||
| 6 | residential mortgage loans
funded or purchased by the | ||||||
| 7 | licensee in the preceding calendar year that are
delinquent | ||||||
| 8 | by (2) the sum of (i) the number of government-insured | ||||||
| 9 | residential
mortgage loans funded or purchased by the | ||||||
| 10 | licensee in the preceding calendar
year and (ii) the number | ||||||
| 11 | of conventional residential mortgage loans funded or
| ||||||
| 12 | purchased by the licensee in the preceding calendar year. | ||||||
| 13 | (gg) "Delinquency rate factor" means the factor set by | ||||||
| 14 | rule of the
Commissioner that is multiplied by the average | ||||||
| 15 | gross delinquency rate of
licensees, determined annually | ||||||
| 16 | for the immediately preceding calendar year, for
the | ||||||
| 17 | purpose of determining which licensees shall be examined by | ||||||
| 18 | the
Commissioner pursuant to subsection (b) of Section 4-8 | ||||||
| 19 | of this Act. | ||||||
| 20 | (hh) "Loan originator" means any natural person who, | ||||||
| 21 | for compensation or in
the expectation of compensation, | ||||||
| 22 | either directly or indirectly makes, offers to
make, | ||||||
| 23 | solicits, places, or negotiates a residential mortgage | ||||||
| 24 | loan. This definition applies only to Section 7-1 of this | ||||||
| 25 | Act. | ||||||
| 26 | (ii) "Confidential supervisory information" means any | ||||||
| |||||||
| |||||||
| 1 | report of examination, visitation, or investigation | ||||||
| 2 | prepared by the Commissioner under this Act, any report of | ||||||
| 3 | examination visitation, or investigation prepared by the | ||||||
| 4 | state regulatory authority of another state that examines a | ||||||
| 5 | licensee, any document or record prepared or obtained in | ||||||
| 6 | connection with or relating to any examination, | ||||||
| 7 | visitation, or investigation, and any record prepared or | ||||||
| 8 | obtained by the Commissioner to the extent that the record | ||||||
| 9 | summarizes or contains information derived from any | ||||||
| 10 | report, document, or record described in this subsection. | ||||||
| 11 | "Confidential supervisory information" does not include | ||||||
| 12 | any information or record routinely prepared by a licensee | ||||||
| 13 | and maintained in the ordinary course of business or any | ||||||
| 14 | information or record that is required to be made publicly | ||||||
| 15 | available pursuant to State or federal law or rule.
| ||||||
| 16 | (jj) "Mortgage loan originator" means an individual | ||||||
| 17 | who for compensation or gain or in the expectation of | ||||||
| 18 | compensation or gain: | ||||||
| 19 | (i) takes a residential mortgage loan application; | ||||||
| 20 | or | ||||||
| 21 | (ii) offers or negotiates terms of a residential | ||||||
| 22 | mortgage loan. | ||||||
| 23 | "Mortgage loan originator" includes an individual | ||||||
| 24 | engaged in loan modification activities as defined in | ||||||
| 25 | subsection (yy) of this Section. A mortgage loan originator | ||||||
| 26 | engaged in loan modification activities shall report those | ||||||
| |||||||
| |||||||
| 1 | activities to the Department of Financial and Professional | ||||||
| 2 | Regulation in the manner provided by the Department; | ||||||
| 3 | however, the Department shall not impose a fee for | ||||||
| 4 | reporting, nor require any additional qualifications to | ||||||
| 5 | engage in those activities beyond those provided pursuant | ||||||
| 6 | to this Act for mortgage loan originators. | ||||||
| 7 | "Mortgage loan originator" does not include an | ||||||
| 8 | individual engaged solely as a loan processor or | ||||||
| 9 | underwriter except as otherwise provided in subsection (d) | ||||||
| 10 | of Section 7-1A of this Act. | ||||||
| 11 | "Mortgage loan originator" does not include a person or | ||||||
| 12 | entity that only performs real estate brokerage activities | ||||||
| 13 | and is licensed in accordance with the Real Estate License | ||||||
| 14 | Act of 2000, unless the person or entity is compensated by | ||||||
| 15 | a lender, a mortgage broker, or other mortgage loan | ||||||
| 16 | originator, or by any agent of that lender, mortgage | ||||||
| 17 | broker, or other mortgage loan originator. | ||||||
| 18 | "Mortgage loan originator" does not include a person or | ||||||
| 19 | entity solely involved in extensions of credit relating to | ||||||
| 20 | timeshare plans, as that term is defined in Section | ||||||
| 21 | 101(53D) of Title 11, United States Code. | ||||||
| 22 | (kk) "Depository institution" has the same meaning as | ||||||
| 23 | in Section 3 of the Federal Deposit Insurance Act, and | ||||||
| 24 | includes any credit union. | ||||||
| 25 | (ll) "Dwelling" means a residential structure or | ||||||
| 26 | mobile home which contains one to 4 family housing units, | ||||||
| |||||||
| |||||||
| 1 | or individual units of condominiums or cooperatives. | ||||||
| 2 | (mm) "Immediate family member" means a spouse, child, | ||||||
| 3 | sibling, parent, grandparent, or grandchild, and includes | ||||||
| 4 | step-parents, step-children, step-siblings, or adoptive | ||||||
| 5 | relationships. | ||||||
| 6 | (nn) "Individual" means a natural person. | ||||||
| 7 | (oo) "Loan processor or underwriter" means an | ||||||
| 8 | individual who performs clerical or support duties as an | ||||||
| 9 | employee at the direction of and subject to the supervision | ||||||
| 10 | and instruction of a person licensed, or exempt from | ||||||
| 11 | licensing, under this Act. "Clerical or support duties" | ||||||
| 12 | includes subsequent to the receipt of an application: | ||||||
| 13 | (i) the receipt, collection, distribution, and | ||||||
| 14 | analysis of information common for the processing or | ||||||
| 15 | underwriting of a residential mortgage loan; and | ||||||
| 16 | (ii) communicating with a consumer to obtain the | ||||||
| 17 | information necessary for the processing or | ||||||
| 18 | underwriting of a loan, to the extent that the | ||||||
| 19 | communication does not include offering or negotiating | ||||||
| 20 | loan rates or terms, or counseling consumers about | ||||||
| 21 | residential mortgage loan rates or terms. An | ||||||
| 22 | individual engaging solely in loan processor or | ||||||
| 23 | underwriter activities shall not represent to the | ||||||
| 24 | public, through advertising or other means of | ||||||
| 25 | communicating or providing information, including the | ||||||
| 26 | use of business cards, stationery, brochures, signs, | ||||||
| |||||||
| |||||||
| 1 | rate lists, or other promotional items, that the | ||||||
| 2 | individual can or will perform any of the activities of | ||||||
| 3 | a mortgage loan originator. | ||||||
| 4 | (pp) "Nationwide Mortgage Licensing System and | ||||||
| 5 | Registry" means a mortgage licensing system developed and | ||||||
| 6 | maintained by the Conference of State Bank Supervisors and | ||||||
| 7 | the American Association of Residential Mortgage | ||||||
| 8 | Regulators for the licensing and registration of licensed | ||||||
| 9 | mortgage loan originators. | ||||||
| 10 | (qq) "Nontraditional mortgage product" means any | ||||||
| 11 | mortgage product other than a 30-year fixed rate mortgage. | ||||||
| 12 | (rr) "Person" means a natural person, corporation, | ||||||
| 13 | company, limited liability company, partnership, or | ||||||
| 14 | association. | ||||||
| 15 | (ss) "Real estate brokerage activity" means any | ||||||
| 16 | activity that involves offering or providing real estate | ||||||
| 17 | brokerage services to the public, including: | ||||||
| 18 | (1) acting as a real estate agent or real estate | ||||||
| 19 | broker for a buyer, seller, lessor, or lessee of real | ||||||
| 20 | property; | ||||||
| 21 | (2) bringing together parties interested in the | ||||||
| 22 | sale, purchase, lease, rental, or exchange of real | ||||||
| 23 | property; | ||||||
| 24 | (3) negotiating, on behalf of any party, any | ||||||
| 25 | portion of a contract relating to the sale, purchase, | ||||||
| 26 | lease, rental, or exchange of real property, other than | ||||||
| |||||||
| |||||||
| 1 | in connection with providing financing with respect to | ||||||
| 2 | any such transaction; | ||||||
| 3 | (4) engaging in any activity for which a person | ||||||
| 4 | engaged in the activity is required to be registered or | ||||||
| 5 | licensed as a real estate agent or real estate broker | ||||||
| 6 | under any applicable law; or | ||||||
| 7 | (5) offering to engage in any activity, or act in | ||||||
| 8 | any capacity, described in this subsection (ss). | ||||||
| 9 | (tt) "Registered mortgage loan originator" means any | ||||||
| 10 | individual that: | ||||||
| 11 | (1) meets the definition of mortgage loan | ||||||
| 12 | originator and is an employee of: | ||||||
| 13 | (A) a depository institution; | ||||||
| 14 | (B) a subsidiary that is: | ||||||
| 15 | (i) owned and controlled by a depository | ||||||
| 16 | institution; and | ||||||
| 17 | (ii) regulated by a federal banking | ||||||
| 18 | agency; or | ||||||
| 19 | (C) an institution regulated by the Farm | ||||||
| 20 | Credit Administration; and | ||||||
| 21 | (2) is registered with, and maintains a unique | ||||||
| 22 | identifier through, the Nationwide Mortgage Licensing | ||||||
| 23 | System and Registry. | ||||||
| 24 | (uu) "Unique identifier" means a number or other | ||||||
| 25 | identifier assigned by protocols established by the | ||||||
| 26 | Nationwide Mortgage Licensing System and Registry. | ||||||
| |||||||
| |||||||
| 1 | (vv) "Residential mortgage license" means a license | ||||||
| 2 | issued pursuant to Section 1-3, 2-2, or 2-6 of this Act. | ||||||
| 3 | (ww) "Mortgage loan originator license" means a | ||||||
| 4 | license issued pursuant to Section 7-1A, 7-3, or 7-6 of | ||||||
| 5 | this Act. | ||||||
| 6 | (xx) "Secretary" means the Secretary of the Department | ||||||
| 7 | of Financial and Professional Regulation, or a person | ||||||
| 8 | authorized by the Secretary or by this Act to act in the | ||||||
| 9 | Secretary's stead. | ||||||
| 10 | (yy) "Loan modification" means, for compensation or | ||||||
| 11 | gain, either directly or indirectly offering or | ||||||
| 12 | negotiating on behalf of a borrower or homeowner to adjust | ||||||
| 13 | the terms of a residential mortgage loan in a manner not | ||||||
| 14 | provided for in the original or previously modified | ||||||
| 15 | mortgage loan. | ||||||
| 16 | (zz) "Short sale facilitation" means, for compensation | ||||||
| 17 | or gain, either directly or indirectly offering or | ||||||
| 18 | negotiating on behalf of a borrower or homeowner to | ||||||
| 19 | facilitate the sale of residential real estate subject to | ||||||
| 20 | one or more residential mortgage loans or debts | ||||||
| 21 | constituting liens on the property in which the proceeds | ||||||
| 22 | from selling the residential real estate will fall short of | ||||||
| 23 | the amount owed and the lien holders are contacted to agree | ||||||
| 24 | to release their lien on the residential real estate and | ||||||
| 25 | accept less than the full amount owed on the debt. | ||||||
| 26 | The Commissioner may define by rule and regulation any | ||||||
| |||||||
| |||||||
| 1 | terms used
in this Act for the efficient and clear | ||||||
| 2 | administration of this Act. | ||||||
| 3 | (Source: P.A. 97-143, eff. 7-14-11; 97-891, eff. 8-3-12; | ||||||
| 4 | 98-749, eff. 7-16-14; 98-1081, eff. 1-1-15; revised 10-6-14.)
| ||||||
| 5 | Section 220. The Alternative Health Care Delivery Act is | ||||||
| 6 | amended by changing Section 30 as follows:
| ||||||
| 7 | (210 ILCS 3/30)
| ||||||
| 8 | Sec. 30. Demonstration program requirements. The | ||||||
| 9 | requirements set forth in
this Section shall apply to | ||||||
| 10 | demonstration programs.
| ||||||
| 11 | (a) (Blank).
| ||||||
| 12 | (a-5) There shall be no more than the total number of | ||||||
| 13 | postsurgical
recovery care centers with a certificate of need | ||||||
| 14 | for beds as of January 1, 2008.
| ||||||
| 15 | (a-10) There shall be no more than a total of 9 children's | ||||||
| 16 | community-based health care center alternative health care | ||||||
| 17 | models in the demonstration program, which shall
be located as | ||||||
| 18 | follows:
| ||||||
| 19 | (1) Two in the City of Chicago.
| ||||||
| 20 | (2) One in Cook County outside the City of Chicago.
| ||||||
| 21 | (3) A total of 2 in the area comprised of DuPage, Kane, | ||||||
| 22 | Lake, McHenry, and
Will counties.
| ||||||
| 23 | (4) A total of 2 in municipalities with a population of | ||||||
| 24 | 50,000 or more and
not
located in the areas described in | ||||||
| |||||||
| |||||||
| 1 | paragraphs (1), (2), or (3).
| ||||||
| 2 | (5) A total of 2 in rural areas, as defined by the | ||||||
| 3 | Health Facilities
and Services Review Board.
| ||||||
| 4 | No more than one children's community-based health care | ||||||
| 5 | center owned and operated by a
licensed skilled pediatric | ||||||
| 6 | facility shall be located in each of the areas
designated in | ||||||
| 7 | this subsection (a-10).
| ||||||
| 8 | (a-15) There shall be 5 authorized community-based | ||||||
| 9 | residential
rehabilitation center alternative health care | ||||||
| 10 | models in the demonstration
program.
| ||||||
| 11 | (a-20) There shall be an authorized
Alzheimer's disease | ||||||
| 12 | management center alternative health care model in the
| ||||||
| 13 | demonstration program. The Alzheimer's disease management | ||||||
| 14 | center shall be
located in Will
County, owned by a
| ||||||
| 15 | not-for-profit entity, and endorsed by a resolution approved by | ||||||
| 16 | the county
board before the effective date of this amendatory | ||||||
| 17 | Act of the 91st General
Assembly.
| ||||||
| 18 | (a-25) There shall be no more than 10 birth center | ||||||
| 19 | alternative health care
models in the demonstration program, | ||||||
| 20 | located as follows:
| ||||||
| 21 | (1) Four in the area comprising Cook, DuPage, Kane, | ||||||
| 22 | Lake, McHenry, and
Will counties, one of
which shall be | ||||||
| 23 | owned or operated by a hospital and one of which shall be | ||||||
| 24 | owned
or operated by a federally qualified health center.
| ||||||
| 25 | (2) Three in municipalities with a population of 50,000 | ||||||
| 26 | or more not
located in the area described in paragraph (1) | ||||||
| |||||||
| |||||||
| 1 | of this subsection, one of
which shall be owned or operated | ||||||
| 2 | by a hospital and one of which shall be owned
or operated | ||||||
| 3 | by a federally qualified health center.
| ||||||
| 4 | (3) Three in rural areas, one of which shall be owned | ||||||
| 5 | or operated by a
hospital and one of which shall be owned | ||||||
| 6 | or operated by a federally qualified
health center.
| ||||||
| 7 | The first 3 birth centers authorized to operate by the | ||||||
| 8 | Department shall be
located in or predominantly serve the | ||||||
| 9 | residents of a health professional
shortage area as determined | ||||||
| 10 | by the United States Department of Health and Human
Services. | ||||||
| 11 | There shall be no more than 2 birth centers authorized to | ||||||
| 12 | operate in
any single health planning area for obstetric | ||||||
| 13 | services as determined under the
Illinois Health Facilities | ||||||
| 14 | Planning Act. If a birth center is located outside
of a
health | ||||||
| 15 | professional shortage area, (i) the birth center shall be | ||||||
| 16 | located in a
health planning
area with a demonstrated need for | ||||||
| 17 | obstetrical service beds, as determined by
the Health | ||||||
| 18 | Facilities and Services Review Board or (ii) there must be a
| ||||||
| 19 | reduction in
the existing number of obstetrical service beds in | ||||||
| 20 | the planning area so that
the establishment of the birth center | ||||||
| 21 | does not result in an increase in the
total number of | ||||||
| 22 | obstetrical service beds in the health planning area.
| ||||||
| 23 | (b) Alternative health care models, other than a model | ||||||
| 24 | authorized under subsection (a-10) or
(a-20), shall obtain a | ||||||
| 25 | certificate of
need from the Health Facilities and Services | ||||||
| 26 | Review Board under the Illinois
Health Facilities Planning Act | ||||||
| |||||||
| |||||||
| 1 | before receiving a license by the
Department.
If, after | ||||||
| 2 | obtaining its initial certificate of need, an alternative | ||||||
| 3 | health
care delivery model that is a community based | ||||||
| 4 | residential rehabilitation center
seeks to
increase the bed | ||||||
| 5 | capacity of that center, it must obtain a certificate of need
| ||||||
| 6 | from the Health Facilities and Services Review Board before | ||||||
| 7 | increasing the bed
capacity. Alternative
health care models in | ||||||
| 8 | medically underserved areas
shall receive priority in | ||||||
| 9 | obtaining a certificate of need.
| ||||||
| 10 | (c) An alternative health care model license shall be | ||||||
| 11 | issued for a
period of one year and shall be annually renewed | ||||||
| 12 | if the facility or
program is in substantial compliance with | ||||||
| 13 | the Department's rules
adopted under this Act. A licensed | ||||||
| 14 | alternative health care model that continues
to be in | ||||||
| 15 | substantial compliance after the conclusion of the | ||||||
| 16 | demonstration
program shall be eligible for annual renewals | ||||||
| 17 | unless and until a different
licensure program for that type of | ||||||
| 18 | health care model is established by
legislation, except that a | ||||||
| 19 | postsurgical recovery care center meeting the following | ||||||
| 20 | requirements may apply within 3 years after August 25, 2009 | ||||||
| 21 | (the effective date of Public Act 96-669) for a Certificate of | ||||||
| 22 | Need permit to operate as a hospital: | ||||||
| 23 | (1) The postsurgical recovery care center shall apply | ||||||
| 24 | to the Health Facilities and Services Review Board for a | ||||||
| 25 | Certificate of Need permit to discontinue the postsurgical | ||||||
| 26 | recovery care center and to establish a hospital. | ||||||
| |||||||
| |||||||
| 1 | (2) If the postsurgical recovery care center obtains a | ||||||
| 2 | Certificate of Need permit to operate as a hospital, it | ||||||
| 3 | shall apply for licensure as a hospital under the Hospital | ||||||
| 4 | Licensing Act and shall meet all statutory and regulatory | ||||||
| 5 | requirements of a hospital. | ||||||
| 6 | (3) After obtaining licensure as a hospital, any | ||||||
| 7 | license as an ambulatory surgical treatment center and any | ||||||
| 8 | license as a postsurgical recovery care center shall be | ||||||
| 9 | null and void. | ||||||
| 10 | (4) The former postsurgical recovery care center that | ||||||
| 11 | receives a hospital license must seek and use its best | ||||||
| 12 | efforts to maintain certification under Titles XVIII and | ||||||
| 13 | XIX of the federal Social Security Act. | ||||||
| 14 | The Department may issue a provisional license to any
| ||||||
| 15 | alternative health care model that does not substantially | ||||||
| 16 | comply with the
provisions of this Act and the rules adopted | ||||||
| 17 | under this Act if (i)
the Department finds that the alternative | ||||||
| 18 | health care model has undertaken
changes and corrections which | ||||||
| 19 | upon completion will render the alternative
health care model | ||||||
| 20 | in substantial compliance with this Act and rules and
(ii) the | ||||||
| 21 | health and safety of the patients of the alternative
health | ||||||
| 22 | care model will be protected during the period for which the | ||||||
| 23 | provisional
license is issued. The Department shall advise the | ||||||
| 24 | licensee of
the conditions under which the provisional license | ||||||
| 25 | is issued, including
the manner in which the alternative health | ||||||
| 26 | care model fails to comply with
the provisions of this Act and | ||||||
| |||||||
| |||||||
| 1 | rules, and the time within which the changes
and corrections | ||||||
| 2 | necessary for the alternative health care model to
| ||||||
| 3 | substantially comply with this Act and rules shall be | ||||||
| 4 | completed.
| ||||||
| 5 | (d) Alternative health care models shall seek | ||||||
| 6 | certification under Titles
XVIII and XIX of the federal Social | ||||||
| 7 | Security Act. In addition, alternative
health care models shall | ||||||
| 8 | provide charitable care consistent with that provided
by | ||||||
| 9 | comparable health care providers in the geographic area.
| ||||||
| 10 | (d-5) (Blank).
| ||||||
| 11 | (e) Alternative health care models shall, to the extent | ||||||
| 12 | possible,
link and integrate their services with nearby health | ||||||
| 13 | care facilities.
| ||||||
| 14 | (f) Each alternative health care model shall implement a | ||||||
| 15 | quality
assurance program with measurable benefits and at | ||||||
| 16 | reasonable cost.
| ||||||
| 17 | (Source: P.A. 97-135, eff. 7-14-11; 97-333, eff. 8-12-11; | ||||||
| 18 | 97-813, eff. 7-13-12; 98-629, eff. 1-1-15; 98-756, eff. | ||||||
| 19 | 7-16-14; revised 10-3-14.)
| ||||||
| 20 | Section 225. The Nursing Home Care Act is amended by | ||||||
| 21 | changing Sections 1-125.1 and 3-206.01 as follows:
| ||||||
| 22 | (210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)
| ||||||
| 23 | Sec. 1-125.1.
"Student intern" means any person whose total | ||||||
| 24 | term of employment
in any facility during any 12-month period | ||||||
| |||||||
| |||||||
| 1 | is equal to or less than 90 continuous
days, and whose term of | ||||||
| 2 | employment: is either,
| ||||||
| 3 | (1) is an academic credit requirement in a high school | ||||||
| 4 | or undergraduate or graduate institution;
| ||||||
| 5 | (2) immediately succeeds a full quarter, semester, or | ||||||
| 6 | trimester of academic
enrollment in either a high school or | ||||||
| 7 | undergraduate or graduate institution, provided
that such | ||||||
| 8 | person is registered for another full quarter, semester, or | ||||||
| 9 | trimester
of academic enrollment in either a high school or | ||||||
| 10 | undergraduate or graduate institution,
which quarter, | ||||||
| 11 | semester, or trimester will commence immediately following
| ||||||
| 12 | the term of employment; or
| ||||||
| 13 | (3) immediately succeeds graduation from the high | ||||||
| 14 | school or undergraduate or graduate institution. | ||||||
| 15 | (Source: P.A. 98-121, eff. 7-30-13; revised 11-25-14.)
| ||||||
| 16 | (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
| ||||||
| 17 | Sec. 3-206.01. Health care worker registry.
| ||||||
| 18 | (a) The Department shall establish and maintain a registry | ||||||
| 19 | of all
individuals who (i) have satisfactorily completed the | ||||||
| 20 | training required
by Section 3-206, (ii) have begun a current | ||||||
| 21 | course of training as set forth in Section 3-206, or (iii) are | ||||||
| 22 | otherwise acting as a nursing assistant, habilitation aide, | ||||||
| 23 | home health aide, psychiatric services rehabilitation aide, or | ||||||
| 24 | child care aide. The registry shall include the individual's | ||||||
| 25 | name, his or her
current address, Social Security number, and | ||||||
| |||||||
| |||||||
| 1 | the date and location of
the training course completed by the | ||||||
| 2 | individual, and whether the individual has any of the | ||||||
| 3 | disqualifying convictions listed in Section 25 of the Health | ||||||
| 4 | Care Worker Background Check Act from the date of the
| ||||||
| 5 | individual's last criminal records check. Any individual | ||||||
| 6 | placed on the
registry is required to inform the Department of | ||||||
| 7 | any change of address
within 30 days. A facility shall not | ||||||
| 8 | employ an individual as a nursing
assistant, habilitation aide, | ||||||
| 9 | home health aide, psychiatric services rehabilitation aide, or | ||||||
| 10 | child care aide, or newly hired as an individual who may have | ||||||
| 11 | access to a resident, a resident's living quarters, or a | ||||||
| 12 | resident's personal, financial, or medical records,
unless the | ||||||
| 13 | facility has inquired of the Department's health care worker | ||||||
| 14 | registry as to information in the
registry concerning the | ||||||
| 15 | individual. The facility shall not employ an individual as a | ||||||
| 16 | nursing assistant, habilitation aide, or child care aide if | ||||||
| 17 | that individual is not on the
registry unless the individual is | ||||||
| 18 | enrolled in a training program under
paragraph (5) of | ||||||
| 19 | subsection (a) of Section 3-206 of this Act.
| ||||||
| 20 | If the Department finds that a nursing assistant, | ||||||
| 21 | habilitation aide, home health aide, psychiatric services | ||||||
| 22 | rehabilitation aide, or
child care aide, or an unlicensed | ||||||
| 23 | individual, has abused or neglected a resident or an individual | ||||||
| 24 | under his or her care or misappropriated
property of a resident | ||||||
| 25 | or an individual under his or her care, the Department shall | ||||||
| 26 | notify the individual of
this finding by certified mail sent to | ||||||
| |||||||
| |||||||
| 1 | the address contained in the registry. The notice shall give | ||||||
| 2 | the individual an opportunity to contest the finding in a
| ||||||
| 3 | hearing before the Department or to submit a written response | ||||||
| 4 | to the findings
in lieu of requesting a hearing. If, after a | ||||||
| 5 | hearing or if the individual does
not request a hearing, the | ||||||
| 6 | Department finds that the individual abused a
resident, | ||||||
| 7 | neglected a resident, or misappropriated resident property in a
| ||||||
| 8 | facility, the finding shall be included as part of the registry | ||||||
| 9 | as well as a clear and accurate summary
from the individual, if | ||||||
| 10 | he or she chooses to make such a
statement. The Department | ||||||
| 11 | shall make the following information in the registry available | ||||||
| 12 | to
the public: an individual's full name; the date an | ||||||
| 13 | individual successfully completed a nurse aide training or | ||||||
| 14 | competency evaluation; and whether the Department has made a | ||||||
| 15 | finding that an individual has been guilty of abuse or neglect | ||||||
| 16 | of a resident or misappropriation of resident property. In the | ||||||
| 17 | case of inquiries to the registry concerning an individual
| ||||||
| 18 | listed in the registry, any information disclosed concerning | ||||||
| 19 | such a finding
shall also include disclosure of the | ||||||
| 20 | individual's statement in the registry relating to the
finding | ||||||
| 21 | or a clear and accurate summary of the statement.
| ||||||
| 22 | (b) The Department shall add to the health care worker | ||||||
| 23 | registry records
of findings as reported by the Inspector | ||||||
| 24 | General or remove from
the health care worker registry records | ||||||
| 25 | of findings as reported by the
Department of Human Services, | ||||||
| 26 | under subsection (s) (g-5) of Section 1-17 of the Department of | ||||||
| |||||||
| |||||||
| 1 | Human Services Act.
| ||||||
| 2 | (Source: P.A. 95-545, eff. 8-28-07; 96-1372, eff. 7-29-10; | ||||||
| 3 | revised 12-10-14.)
| ||||||
| 4 | Section 230. The ID/DD Community Care Act is amended by | ||||||
| 5 | changing Section 3-206.01 as follows:
| ||||||
| 6 | (210 ILCS 47/3-206.01)
| ||||||
| 7 | Sec. 3-206.01. Health care worker registry. | ||||||
| 8 | (a) The Department shall establish and maintain a registry | ||||||
| 9 | of all individuals who (i) have satisfactorily completed the | ||||||
| 10 | training required by Section 3-206, (ii) have begun a current | ||||||
| 11 | course of training as set forth in Section 3-206, or (iii) are | ||||||
| 12 | otherwise acting as a nursing assistant, habilitation aide, | ||||||
| 13 | home health aide, or child care aide. The registry shall | ||||||
| 14 | include the individual's name, his or her current address, | ||||||
| 15 | Social Security number, and whether the individual has any of | ||||||
| 16 | the disqualifying convictions listed in Section 25 of the | ||||||
| 17 | Health Care Worker Background Check Act from the date and | ||||||
| 18 | location of the training course completed by the individual, | ||||||
| 19 | and the date of the individual's last criminal records check. | ||||||
| 20 | Any individual placed on the registry is required to inform the | ||||||
| 21 | Department of any change of address within 30 days. A facility | ||||||
| 22 | shall not employ an individual as a nursing assistant, | ||||||
| 23 | habilitation aide, home health aide, or child care aide, or | ||||||
| 24 | newly hired as an individual who may have access to a resident, | ||||||
| |||||||
| |||||||
| 1 | a resident's living quarters, or a resident's personal, | ||||||
| 2 | financial, or medical records, unless the facility has inquired | ||||||
| 3 | of the Department's health care worker registry as to | ||||||
| 4 | information in the registry concerning the individual. The | ||||||
| 5 | facility shall not employ an individual as a nursing assistant, | ||||||
| 6 | habilitation aide, or child care aide if that individual is not | ||||||
| 7 | on the registry unless the individual is enrolled in a training | ||||||
| 8 | program under paragraph (5) of subsection (a) of Section 3-206 | ||||||
| 9 | of this Act. | ||||||
| 10 | If the Department finds that a nursing assistant, | ||||||
| 11 | habilitation aide, home health aide, child care aide, or an | ||||||
| 12 | unlicensed individual, has abused or neglected a resident or an | ||||||
| 13 | individual under his or her care, or misappropriated property | ||||||
| 14 | of a resident or an individual under his or her care in a | ||||||
| 15 | facility, the Department shall notify the individual of this | ||||||
| 16 | finding by certified mail sent to the address contained in the | ||||||
| 17 | registry. The notice shall give the individual an opportunity | ||||||
| 18 | to contest the finding in a hearing before the Department or to | ||||||
| 19 | submit a written response to the findings in lieu of requesting | ||||||
| 20 | a hearing. If, after a hearing or if the individual does not | ||||||
| 21 | request a hearing, the Department finds that the individual | ||||||
| 22 | abused a resident, neglected a resident, or misappropriated | ||||||
| 23 | resident property in a facility, the finding shall be included | ||||||
| 24 | as part of the registry as well as a clear and accurate summary | ||||||
| 25 | statement from the individual, if he or she chooses to make | ||||||
| 26 | such a statement. The Department shall make the following | ||||||
| |||||||
| |||||||
| 1 | information in the registry available to the public: an | ||||||
| 2 | individual's full name; the date an individual successfully | ||||||
| 3 | completed a nurse aide training or competency evaluation; and | ||||||
| 4 | whether the Department has made a finding that an individual | ||||||
| 5 | has been guilty of abuse or neglect of a resident or | ||||||
| 6 | misappropriation of resident's property. In the case of | ||||||
| 7 | inquiries to the registry concerning an individual listed in | ||||||
| 8 | the registry, any information disclosed concerning such a | ||||||
| 9 | finding shall also include disclosure of the individual's | ||||||
| 10 | statement in the registry relating to the finding or a clear | ||||||
| 11 | and accurate summary of the statement. | ||||||
| 12 | (b) The Department shall add to the health care worker | ||||||
| 13 | registry records of findings as reported by the Inspector | ||||||
| 14 | General or remove from the health care worker registry records | ||||||
| 15 | of findings as reported by the Department of Human Services, | ||||||
| 16 | under subsection (s) (g-5) of Section 1-17 of
the Department of | ||||||
| 17 | Human Services Act.
| ||||||
| 18 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; revised | ||||||
| 19 | 12-10-14.)
| ||||||
| 20 | Section 235. The Specialized Mental Health Rehabilitation | ||||||
| 21 | Act of 2013 is amended by changing Section 1-101.6 as follows:
| ||||||
| 22 | (210 ILCS 49/1-101.6)
| ||||||
| 23 | (Section scheduled to be repealed on July 1, 2016) | ||||||
| 24 | Sec. 1-101.6. Mental health system planning. The General | ||||||
| |||||||
| |||||||
| 1 | Assembly finds the services contained in this Act are necessary | ||||||
| 2 | for the effective delivery of mental health services for the | ||||||
| 3 | citizens of the State of Illinois. | ||||||
| 4 | The General Assembly also finds that the mental health and | ||||||
| 5 | substance use system in the State requires further review to | ||||||
| 6 | develop additional needed services. | ||||||
| 7 | To ensure the adequacy of community-based services and to | ||||||
| 8 | offer choice to all individuals with serious mental illness and | ||||||
| 9 | substance use disorders or conditions who choose to live in the | ||||||
| 10 | community, and for whom the community is the appropriate | ||||||
| 11 | setting, but are at risk of institutional care, the Governor's | ||||||
| 12 | Office of Health Innovation and Transformation shall oversee a | ||||||
| 13 | process for (i) identifying needed services in the different | ||||||
| 14 | geographic regions in the State and (ii) identifying the | ||||||
| 15 | financing strategies for developing those needed services. | ||||||
| 16 | The process shall address or examine the need and financing | ||||||
| 17 | strategies for the following: | ||||||
| 18 | (1) Network adequacy in all 102 counties of the State | ||||||
| 19 | for: (i) health homes authorized under Section 2703 of the | ||||||
| 20 | federal Patient Protection and Affordable Care Act; (ii) | ||||||
| 21 | systems of care for children; (iii) care coordination; and | ||||||
| 22 | (iv) access to a full continuum of quality care, treatment, | ||||||
| 23 | services, and supports for persons with serious emotional | ||||||
| 24 | disturbance, serious mental illness, or substance use | ||||||
| 25 | disorder. | ||||||
| 26 | (2) Workforce development for the workforce of | ||||||
| |||||||
| |||||||
| 1 | community providers of care, treatment, services, and | ||||||
| 2 | supports for persons with mental health and substance use | ||||||
| 3 | disorders and conditions. | ||||||
| 4 | (3) Information technology to manage the delivery of | ||||||
| 5 | integrated services for persons with mental health and | ||||||
| 6 | substance use disorders and medical conditions. | ||||||
| 7 | (4) The needed continuum of statewide community health | ||||||
| 8 | care, treatment, services, and supports for persons with | ||||||
| 9 | mental health and substance use disorders and conditions. | ||||||
| 10 | (5) Reducing health care disparities in access to a | ||||||
| 11 | continuum of care, care coordination, and engagement in | ||||||
| 12 | networks. | ||||||
| 13 | The Governor's Office of Health Innovation and | ||||||
| 14 | Transformation shall include the Division of Alcoholism and | ||||||
| 15 | Substance Abuse and the Division of Mental Health in the | ||||||
| 16 | Department of Human Services, the Department of Healthcare and | ||||||
| 17 | Family Services, the Department of Public Health, community | ||||||
| 18 | mental health and substance use providers, statewide | ||||||
| 19 | associations of mental health and substance use providers, | ||||||
| 20 | mental health and substance use advocacy groups, and any other | ||||||
| 21 | entity as deemed appropriate for participation in the process | ||||||
| 22 | of identifying needed services and financing strategies as | ||||||
| 23 | described in this Section. | ||||||
| 24 | The Office of Health Innovation and Transformation shall | ||||||
| 25 | report its findings and recommendations to the General Assembly | ||||||
| 26 | by July 1, 2015. | ||||||
| |||||||
| |||||||
| 1 | This Section is repealed on July 1, 2016.
| ||||||
| 2 | Before September 1, 2014, the State shall develop and | ||||||
| 3 | implement a service authorization system available 24 hours a | ||||||
| 4 | day, 7 days a week for approval of services in the following 3 | ||||||
| 5 | levels of care under this Act: crisis stabilization; recovery | ||||||
| 6 | and rehabilitation supports; and transitional living units. | ||||||
| 7 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| 8 | 98-878, eff. 8-11-14; revised 10-2-14.)
| ||||||
| 9 | Section 240. The Emergency Medical Services (EMS) Systems | ||||||
| 10 | Act is amended by changing Sections 3.87 and 3.210 as follows:
| ||||||
| 11 | (210 ILCS 50/3.87) | ||||||
| 12 | Sec. 3.87. Ambulance service provider and vehicle service | ||||||
| 13 | provider upgrades; rural population. | ||||||
| 14 | (a) In this Section, "rural ambulance service provider" | ||||||
| 15 | means an ambulance service provider licensed under this Act | ||||||
| 16 | that serves a rural population of 7,500 or fewer inhabitants. | ||||||
| 17 | In this Section, "rural vehicle service provider" means an | ||||||
| 18 | entity that serves a rural population of 7,500 or fewer | ||||||
| 19 | inhabitants and is licensed by the Department to provide | ||||||
| 20 | emergency or non-emergency medical services in compliance with | ||||||
| 21 | this Act, the rules adopted by the Department pursuant to this | ||||||
| 22 | Act, and an operational plan approved by the entity's EMS | ||||||
| 23 | System, utilizing at least an ambulance, alternate response | ||||||
| 24 | vehicle as defined by the Department in rules, or specialized | ||||||
| |||||||
| |||||||
| 1 | emergency medical services vehicle. | ||||||
| 2 | (b) A rural ambulance service provider or rural vehicle | ||||||
| 3 | service provider may submit a proposal to the EMS System | ||||||
| 4 | Medical Director requesting approval of either or both of the | ||||||
| 5 | following: | ||||||
| 6 | (1) Rural ambulance service provider or rural vehicle | ||||||
| 7 | service provider in-field service level upgrade. | ||||||
| 8 | (A) An ambulance operated by a rural ambulance | ||||||
| 9 | service provider or a specialized emergency medical | ||||||
| 10 | services vehicle or alternate response vehicle | ||||||
| 11 | operated by a rural vehicle service provider may be | ||||||
| 12 | upgraded, as defined by the EMS System Medical Director | ||||||
| 13 | in a policy or procedure, as long as the EMS System | ||||||
| 14 | Medical Director and the Department have approved the | ||||||
| 15 | proposal, to the highest level of EMT license (advanced | ||||||
| 16 | life support/paramedic, intermediate life support, or | ||||||
| 17 | basic life support) or Pre-Hospital RN certification | ||||||
| 18 | held by any person staffing that ambulance, | ||||||
| 19 | specialized emergency medical services vehicle, or | ||||||
| 20 | alternate response vehicle. The ambulance service | ||||||
| 21 | provider's or rural vehicle service provider's | ||||||
| 22 | proposal for an upgrade must include all of the | ||||||
| 23 | following: | ||||||
| 24 | (i) The manner in which the provider will | ||||||
| 25 | secure and store advanced life support equipment, | ||||||
| 26 | supplies, and medications. | ||||||
| |||||||
| |||||||
| 1 | (ii) The type of quality assurance the | ||||||
| 2 | provider will perform. | ||||||
| 3 | (iii) An assurance that the provider will | ||||||
| 4 | advertise only the level of care that can be | ||||||
| 5 | provided 24 hours a day. | ||||||
| 6 | (iv) A statement that the provider will have | ||||||
| 7 | that vehicle inspected by the Department annually. | ||||||
| 8 | (B) If a rural ambulance service provider or rural | ||||||
| 9 | vehicle service provider is approved to provide an | ||||||
| 10 | in-field service level upgrade based on the licensed | ||||||
| 11 | personnel on the vehicle, all the advanced life support | ||||||
| 12 | medical supplies, durable medical equipment, and | ||||||
| 13 | medications must be environmentally controlled, | ||||||
| 14 | secured, and locked with access by only the personnel | ||||||
| 15 | who have been authorized by the EMS System Medical | ||||||
| 16 | Director to utilize those supplies. | ||||||
| 17 | (C) The EMS System shall routinely perform quality | ||||||
| 18 | assurance, in compliance with the EMS System's quality | ||||||
| 19 | assurance plan approved by the Department, on in-field | ||||||
| 20 | service level upgrades authorized under this Section | ||||||
| 21 | to ensure compliance with the EMS System plan. | ||||||
| 22 | (2) Rural ambulance service provider or rural vehicle | ||||||
| 23 | service provider in-field service level upgrade. The EMS | ||||||
| 24 | System Medical Director may define what constitutes an | ||||||
| 25 | in-field service level upgrade through an EMS System policy | ||||||
| 26 | or procedure.
An in-field service level upgrade may | ||||||
| |||||||
| |||||||
| 1 | include, but need not be limited to, an upgrade to a | ||||||
| 2 | licensed ambulance, alternate response vehicle, or | ||||||
| 3 | specialized emergency medical services vehicle. | ||||||
| 4 | (c) If the EMS System Medical Director approves a proposal | ||||||
| 5 | for a rural in-field service level upgrade under this Section, | ||||||
| 6 | he or she shall submit the proposal to the Department along | ||||||
| 7 | with a statement of approval signed by him or her. Once the | ||||||
| 8 | Department has approved the proposal, the rural ambulance | ||||||
| 9 | service provider or rural vehicle service provider will be | ||||||
| 10 | authorized to function at the highest level of EMT license | ||||||
| 11 | (advanced life support/paramedic, intermediate life support, | ||||||
| 12 | or basic life support) or Pre-Hospital RN certification held by | ||||||
| 13 | any person staffing the vehicle.
| ||||||
| 14 | (Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15; | ||||||
| 15 | 98-881, eff. 8-13-14; revised 10-1-14.)
| ||||||
| 16 | (210 ILCS 50/3.210)
| ||||||
| 17 | Sec. 3.210. EMS Medical Consultant. If the Chief of the | ||||||
| 18 | Department's Division of Emergency
Medical Services and | ||||||
| 19 | Highway Safety is not a physician
licensed to practice medicine | ||||||
| 20 | in all of its branches, with
extensive emergency medical | ||||||
| 21 | services experience, and
certified by the American Board of | ||||||
| 22 | Emergency Medicine or the Osteopathic
American Osteopathic | ||||||
| 23 | Board of Emergency Medicine, then the
Director shall appoint | ||||||
| 24 | such a physician to serve as EMS
Medical Consultant to the | ||||||
| 25 | Division Chief.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-973, eff. 8-15-14; revised 11-25-14.)
| ||||||
| 2 | Section 245. The Health Maintenance Organization Act is | ||||||
| 3 | amended by changing Section 1-2 as follows:
| ||||||
| 4 | (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
| ||||||
| 5 | Sec. 1-2. Definitions. As used in this Act, unless the | ||||||
| 6 | context otherwise
requires, the following terms shall have the | ||||||
| 7 | meanings ascribed to them:
| ||||||
| 8 | (1) "Advertisement" means any printed or published | ||||||
| 9 | material,
audiovisual material and descriptive literature of | ||||||
| 10 | the health care plan
used in direct mail, newspapers, | ||||||
| 11 | magazines, radio scripts, television
scripts, billboards and | ||||||
| 12 | similar displays; and any descriptive literature or
sales aids | ||||||
| 13 | of all kinds disseminated by a representative of the health | ||||||
| 14 | care
plan for presentation to the public including, but not | ||||||
| 15 | limited to, circulars,
leaflets, booklets, depictions, | ||||||
| 16 | illustrations, form letters and prepared
sales presentations.
| ||||||
| 17 | (2) "Director" means the Director of Insurance.
| ||||||
| 18 | (3) "Basic health care services" means emergency care, and | ||||||
| 19 | inpatient
hospital and physician care, outpatient medical | ||||||
| 20 | services, mental
health services and care for alcohol and drug | ||||||
| 21 | abuse, including any
reasonable deductibles and co-payments, | ||||||
| 22 | all of which are subject to the
limitations described in | ||||||
| 23 | Section 4-20 of this Act and as determined by the Director | ||||||
| 24 | pursuant to rule.
| ||||||
| |||||||
| |||||||
| 1 | (4) "Enrollee" means an individual who has been enrolled in | ||||||
| 2 | a health
care plan.
| ||||||
| 3 | (5) "Evidence of coverage" means any certificate, | ||||||
| 4 | agreement,
or contract issued to an enrollee setting out the | ||||||
| 5 | coverage to which he is
entitled in exchange for a per capita | ||||||
| 6 | prepaid sum.
| ||||||
| 7 | (6) "Group contract" means a contract for health care | ||||||
| 8 | services which
by its terms limits eligibility to members of a | ||||||
| 9 | specified group.
| ||||||
| 10 | (7) "Health care plan" means any arrangement whereby any | ||||||
| 11 | organization
undertakes to provide or arrange for and pay for | ||||||
| 12 | or reimburse the
cost of basic health care services, excluding | ||||||
| 13 | any reasonable deductibles and copayments, from providers | ||||||
| 14 | selected by
the Health Maintenance Organization and such | ||||||
| 15 | arrangement
consists of arranging for or the provision of such | ||||||
| 16 | health care services, as
distinguished from mere | ||||||
| 17 | indemnification against the cost of such services,
except as | ||||||
| 18 | otherwise authorized by Section 2-3 of this Act,
on a per | ||||||
| 19 | capita prepaid basis, through insurance or otherwise. A "health
| ||||||
| 20 | care plan" also includes any arrangement whereby an | ||||||
| 21 | organization undertakes to
provide or arrange for or pay for or | ||||||
| 22 | reimburse the cost of any health care
service for persons who | ||||||
| 23 | are enrolled under Article V of the Illinois Public Aid
Code or | ||||||
| 24 | under the Children's Health Insurance Program Act through
| ||||||
| 25 | providers selected by the organization and the arrangement | ||||||
| 26 | consists of making
provision for the delivery of health care | ||||||
| |||||||
| |||||||
| 1 | services, as distinguished from mere
indemnification. A | ||||||
| 2 | "health care plan" also includes any arrangement pursuant
to | ||||||
| 3 | Section 4-17. Nothing in this definition, however, affects the | ||||||
| 4 | total
medical services available to persons eligible for | ||||||
| 5 | medical assistance under the
Illinois Public Aid Code.
| ||||||
| 6 | (8) "Health care services" means any services included in | ||||||
| 7 | the furnishing
to any individual of medical or dental care, or | ||||||
| 8 | the hospitalization or
incident to the furnishing of such care | ||||||
| 9 | or hospitalization as well as the
furnishing to any person of | ||||||
| 10 | any and all other services for the purpose of
preventing, | ||||||
| 11 | alleviating, curing or healing human illness or injury.
| ||||||
| 12 | (9) "Health Maintenance Organization" means any | ||||||
| 13 | organization formed
under the laws of this or another state to | ||||||
| 14 | provide or arrange for one or
more health care plans under a | ||||||
| 15 | system which causes any part of the risk of
health care | ||||||
| 16 | delivery to be borne by the organization or its providers.
| ||||||
| 17 | (10) "Net worth" means admitted assets, as defined in | ||||||
| 18 | Section 1-3 of
this Act, minus liabilities.
| ||||||
| 19 | (11) "Organization" means any insurance company, a | ||||||
| 20 | nonprofit
corporation authorized under the Dental
Service Plan | ||||||
| 21 | Act or the Voluntary
Health Services Plans Act,
or a | ||||||
| 22 | corporation organized under the laws of this or another state | ||||||
| 23 | for the
purpose of operating one or more health care plans and | ||||||
| 24 | doing no business other
than that of a Health Maintenance | ||||||
| 25 | Organization or an insurance company.
"Organization" shall | ||||||
| 26 | also mean the University of Illinois Hospital as
defined in the | ||||||
| |||||||
| |||||||
| 1 | University of Illinois Hospital Act or a unit of local | ||||||
| 2 | government health system operating within a county with a | ||||||
| 3 | population of 3,000,000 or more.
| ||||||
| 4 | (12) "Provider" means any physician, hospital facility,
| ||||||
| 5 | facility licensed under the Nursing Home Care Act, or facility | ||||||
| 6 | or long-term care facility as those terms are defined in the | ||||||
| 7 | Nursing Home Care Act or other person which is licensed or | ||||||
| 8 | otherwise authorized
to furnish health care services and also | ||||||
| 9 | includes any other entity that
arranges for the delivery or | ||||||
| 10 | furnishing of health care service.
| ||||||
| 11 | (13) "Producer" means a person directly or indirectly | ||||||
| 12 | associated with a
health care plan who engages in solicitation | ||||||
| 13 | or enrollment.
| ||||||
| 14 | (14) "Per capita prepaid" means a basis of prepayment by | ||||||
| 15 | which a fixed
amount of money is prepaid per individual or any | ||||||
| 16 | other enrollment unit to
the Health Maintenance Organization or | ||||||
| 17 | for health care services which are
provided during a definite | ||||||
| 18 | time period regardless of the frequency or
extent of the | ||||||
| 19 | services rendered
by the Health Maintenance Organization, | ||||||
| 20 | except for copayments and deductibles
and except as provided in | ||||||
| 21 | subsection (f) of Section 5-3 of this Act.
| ||||||
| 22 | (15) "Subscriber" means a person who has entered into a | ||||||
| 23 | contractual
relationship with the Health Maintenance | ||||||
| 24 | Organization for the provision of
or arrangement of at least | ||||||
| 25 | basic health care services to the beneficiaries
of such | ||||||
| 26 | contract.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-1148, eff. 1-24-13; 98-651, eff. 6-16-14; | ||||||
| 2 | 98-841, eff. 8-1-14; revised 10-24-14.)
| ||||||
| 3 | Section 250. The Managed Care Reform and Patient Rights Act | ||||||
| 4 | is amended by changing Section 10 as follows:
| ||||||
| 5 | (215 ILCS 134/10)
| ||||||
| 6 | Sec. 10. Definitions. :
| ||||||
| 7 | "Adverse determination" means a determination by a health | ||||||
| 8 | care plan under
Section 45 or by a utilization review program | ||||||
| 9 | under Section
85 that
a health care service is not medically | ||||||
| 10 | necessary.
| ||||||
| 11 | "Clinical peer" means a health care professional who is in | ||||||
| 12 | the same
profession and the same or similar specialty as the | ||||||
| 13 | health care provider who
typically manages the medical | ||||||
| 14 | condition, procedures, or treatment under
review.
| ||||||
| 15 | "Department" means the Department of Insurance.
| ||||||
| 16 | "Emergency medical condition" means a medical condition | ||||||
| 17 | manifesting itself by
acute symptoms of sufficient severity | ||||||
| 18 | (including, but not limited to, severe
pain) such that a | ||||||
| 19 | prudent
layperson, who possesses an average knowledge of health | ||||||
| 20 | and medicine, could
reasonably expect the absence of immediate | ||||||
| 21 | medical attention to result in:
| ||||||
| 22 | (1) placing the health of the individual (or, with | ||||||
| 23 | respect to a pregnant
woman, the
health of the woman or her | ||||||
| 24 | unborn child) in serious jeopardy;
| ||||||
| |||||||
| |||||||
| 1 | (2) serious
impairment to bodily functions; or
| ||||||
| 2 | (3) serious dysfunction of any bodily organ
or part.
| ||||||
| 3 | "Emergency medical screening examination" means a medical | ||||||
| 4 | screening
examination and
evaluation by a physician licensed to | ||||||
| 5 | practice medicine in all its branches, or
to the extent | ||||||
| 6 | permitted
by applicable laws, by other appropriately licensed | ||||||
| 7 | personnel under the
supervision of or in
collaboration with a | ||||||
| 8 | physician licensed to practice medicine in all its
branches to | ||||||
| 9 | determine whether
the need for emergency services exists.
| ||||||
| 10 | "Emergency services" means, with respect to an enrollee of | ||||||
| 11 | a health care
plan,
transportation services, including but not | ||||||
| 12 | limited to ambulance services, and
covered inpatient and | ||||||
| 13 | outpatient hospital services
furnished by a provider
qualified | ||||||
| 14 | to furnish those services that are needed to evaluate or | ||||||
| 15 | stabilize an
emergency medical condition. "Emergency services" | ||||||
| 16 | does not
refer to post-stabilization medical services.
| ||||||
| 17 | "Enrollee" means any person and his or her dependents | ||||||
| 18 | enrolled in or covered
by a health care plan.
| ||||||
| 19 | "Health care plan" means a plan, including, but not limited | ||||||
| 20 | to, a health maintenance organization, a managed care community | ||||||
| 21 | network as defined in the Illinois Public Aid Code, or an | ||||||
| 22 | accountable care entity as defined in the Illinois Public Aid | ||||||
| 23 | Code that receives capitated payments to cover medical services | ||||||
| 24 | from the Department of Healthcare and Family Services, that | ||||||
| 25 | establishes, operates, or maintains a
network of health care | ||||||
| 26 | providers that has entered into an agreement with the
plan to | ||||||
| |||||||
| |||||||
| 1 | provide health care services to enrollees to whom the plan has | ||||||
| 2 | the
ultimate obligation to arrange for the provision of or | ||||||
| 3 | payment for services
through organizational arrangements for | ||||||
| 4 | ongoing quality assurance,
utilization review programs, or | ||||||
| 5 | dispute resolution.
Nothing in this definition shall be | ||||||
| 6 | construed to mean that an independent
practice association or a | ||||||
| 7 | physician hospital organization that subcontracts
with
a | ||||||
| 8 | health care plan is, for purposes of that subcontract, a health | ||||||
| 9 | care plan.
| ||||||
| 10 | For purposes of this definition, "health care plan" shall | ||||||
| 11 | not include the
following:
| ||||||
| 12 | (1) indemnity health insurance policies including | ||||||
| 13 | those using a contracted
provider network;
| ||||||
| 14 | (2) health care plans that offer only dental or only | ||||||
| 15 | vision coverage;
| ||||||
| 16 | (3) preferred provider administrators, as defined in | ||||||
| 17 | Section 370g(g) of
the
Illinois Insurance Code;
| ||||||
| 18 | (4) employee or employer self-insured health benefit | ||||||
| 19 | plans under the
federal Employee Retirement Income | ||||||
| 20 | Security Act of 1974;
| ||||||
| 21 | (5) health care provided pursuant to the Workers' | ||||||
| 22 | Compensation Act or the
Workers' Occupational Diseases | ||||||
| 23 | Act; and
| ||||||
| 24 | (6) not-for-profit voluntary health services plans | ||||||
| 25 | with health maintenance
organization
authority in | ||||||
| 26 | existence as of January 1, 1999 that are affiliated with a | ||||||
| |||||||
| |||||||
| 1 | union
and that
only extend coverage to union members and | ||||||
| 2 | their dependents.
| ||||||
| 3 | "Health care professional" means a physician, a registered | ||||||
| 4 | professional
nurse,
or other individual appropriately licensed | ||||||
| 5 | or registered
to provide health care services.
| ||||||
| 6 | "Health care provider" means any physician, hospital | ||||||
| 7 | facility, facility licensed under the Nursing Home Care Act, | ||||||
| 8 | long-term care facility as defined in Section 1-113 of the | ||||||
| 9 | Nursing Home Care Act, or other
person that is licensed or | ||||||
| 10 | otherwise authorized to deliver health care
services. Nothing | ||||||
| 11 | in this
Act shall be construed to define Independent Practice | ||||||
| 12 | Associations or
Physician-Hospital Organizations as health | ||||||
| 13 | care providers.
| ||||||
| 14 | "Health care services" means any services included in the | ||||||
| 15 | furnishing to any
individual of medical care, or the
| ||||||
| 16 | hospitalization incident to the furnishing of such care, as | ||||||
| 17 | well as the
furnishing to any person of
any and all other | ||||||
| 18 | services for the purpose of preventing,
alleviating, curing, or | ||||||
| 19 | healing human illness or injury including home health
and | ||||||
| 20 | pharmaceutical services and products.
| ||||||
| 21 | "Medical director" means a physician licensed in any state | ||||||
| 22 | to practice
medicine in all its
branches appointed by a health | ||||||
| 23 | care plan.
| ||||||
| 24 | "Person" means a corporation, association, partnership,
| ||||||
| 25 | limited liability company, sole proprietorship, or any other | ||||||
| 26 | legal entity.
| ||||||
| |||||||
| |||||||
| 1 | "Physician" means a person licensed under the Medical
| ||||||
| 2 | Practice Act of 1987.
| ||||||
| 3 | "Post-stabilization medical services" means health care | ||||||
| 4 | services
provided to an enrollee that are furnished in a | ||||||
| 5 | licensed hospital by a provider
that is qualified to furnish | ||||||
| 6 | such services, and determined to be medically
necessary and | ||||||
| 7 | directly related to the emergency medical condition following
| ||||||
| 8 | stabilization.
| ||||||
| 9 | "Stabilization" means, with respect to an emergency | ||||||
| 10 | medical condition, to
provide such medical treatment of the | ||||||
| 11 | condition as may be necessary to assure,
within reasonable | ||||||
| 12 | medical probability, that no material deterioration
of the | ||||||
| 13 | condition is likely to result.
| ||||||
| 14 | "Utilization review" means the evaluation of the medical | ||||||
| 15 | necessity,
appropriateness, and efficiency of the use of health | ||||||
| 16 | care services, procedures,
and facilities.
| ||||||
| 17 | "Utilization review program" means a program established | ||||||
| 18 | by a person to
perform utilization review.
| ||||||
| 19 | (Source: P.A. 98-651, eff. 6-16-14; 98-841, eff. 8-1-14; | ||||||
| 20 | revised 10-24-14.)
| ||||||
| 21 | Section 255. The Service Contract Act is amended by | ||||||
| 22 | changing Section 45 as follows:
| ||||||
| 23 | (215 ILCS 152/45)
| ||||||
| 24 | Sec. 45. Record keeping requirements.
| ||||||
| |||||||
| |||||||
| 1 | (a) The service contract provider shall keep accurate | ||||||
| 2 | accounts, books, and
records
concerning transactions regulated | ||||||
| 3 | under this Act.
| ||||||
| 4 | (b) The service contract provider's accounts, books, and | ||||||
| 5 | records shall
include the
following:
| ||||||
| 6 | (1) copies of each type of service contract sold;
| ||||||
| 7 | (2) the name and address of each service contract | ||||||
| 8 | holder, to the extent extend
that
the name and address has | ||||||
| 9 | been furnished by the service contract holder;
| ||||||
| 10 | (3) a list of the locations where service contracts are | ||||||
| 11 | marketed, sold, or
offered
for sale; and
| ||||||
| 12 | (4) written claims files which shall contain at least | ||||||
| 13 | the date and
description of
claims related to the service | ||||||
| 14 | contracts.
| ||||||
| 15 | (c) Except as provided in subsection (e) of this Section, | ||||||
| 16 | the service
contract provider
shall retain all
records required | ||||||
| 17 | to be maintained by Section 45 for at least 3 years after
the
| ||||||
| 18 | specified period of coverage has expired.
| ||||||
| 19 | (d) The records required under this Act may be, but are not | ||||||
| 20 | required to
be,
maintained on a computer disk or other record | ||||||
| 21 | keeping technology. If the
records are maintained in other than | ||||||
| 22 | hard copy, the records shall be capable of
duplication to | ||||||
| 23 | legible hard copy at the request of the Director.
| ||||||
| 24 | (e) A service contract provider discontinuing business in | ||||||
| 25 | this State shall
maintain its records
until it furnishes the | ||||||
| 26 | Director satisfactory proof that it has discharged all
| ||||||
| |||||||
| |||||||
| 1 | obligations to service
contract holders in this State.
| ||||||
| 2 | (Source: P.A. 90-711, eff. 8-7-98; revised 11-25-14.)
| ||||||
| 3 | Section 260. The Child Care Act of 1969 is amended by | ||||||
| 4 | changing Sections 2.04 and 2.17 as follows:
| ||||||
| 5 | (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
| ||||||
| 6 | Sec. 2.04.
"Related" means any of the following | ||||||
| 7 | relationships by
blood, marriage, civil union, or adoption: | ||||||
| 8 | parent, grandparent, great-grandparent, great-uncle,
| ||||||
| 9 | great-aunt, brother, sister,
stepgrandparent, stepparent, | ||||||
| 10 | stepbrother, stepsister, uncle, aunt, nephew, niece, fictive | ||||||
| 11 | kin as defined in Section 7 of the Children and Family Services | ||||||
| 12 | Act, or
first cousin or second cousin. A person is related to a | ||||||
| 13 | child as a first cousin or a second cousin if they are both | ||||||
| 14 | related to the same ancestor as either grandchild or | ||||||
| 15 | great-grandchild. A child whose parent has executed a consent, | ||||||
| 16 | a surrender, or a waiver pursuant to Section 10 of the Adoption | ||||||
| 17 | Act, whose parent has signed a denial of paternity pursuant to | ||||||
| 18 | Section 12 of the Vital Records Act or Section 12a of the | ||||||
| 19 | Adoption Act, or whose parent has had his or her parental | ||||||
| 20 | rights terminated is not a related child to that person, unless | ||||||
| 21 | (1) the consent is determined to be void or is void pursuant to | ||||||
| 22 | subsection O of Section 10 of the Adoption Act; or (2) the | ||||||
| 23 | parent of the child executed a consent to adoption by a | ||||||
| 24 | specified person or persons pursuant to subsection A-1 of | ||||||
| |||||||
| |||||||
| 1 | Section 10 of the Adoption Act and a court finds that the | ||||||
| 2 | consent is void; or (3) the order terminating the parental | ||||||
| 3 | rights of the parent is vacated by a court of competent | ||||||
| 4 | jurisdiction.
| ||||||
| 5 | (Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised | ||||||
| 6 | 10-2-14.)
| ||||||
| 7 | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| ||||||
| 8 | Sec. 2.17.
"Foster family home" means a facility for child | ||||||
| 9 | care in
residences of families who receive no more than 8 | ||||||
| 10 | children unrelated to them,
unless all the children are of | ||||||
| 11 | common parentage, or residences of relatives who
receive no | ||||||
| 12 | more than 8 related children placed by the Department, unless | ||||||
| 13 | the
children are of common parentage, for the purpose of | ||||||
| 14 | providing family care and
training for the children on a | ||||||
| 15 | full-time basis, except the Director of Children
and Family | ||||||
| 16 | Services, pursuant to Department regulations, may waive the | ||||||
| 17 | limit of
8 children unrelated to an adoptive family for good | ||||||
| 18 | cause and only to
facilitate an adoptive placement. The | ||||||
| 19 | family's or relative's own children,
under 18 years of age, | ||||||
| 20 | shall be included in determining the
maximum number of children | ||||||
| 21 | served. For purposes of this Section, a "relative"
includes any | ||||||
| 22 | person, 21 years of age or over, other than the parent, who (i) | ||||||
| 23 | is
currently related to the child in any of the following ways | ||||||
| 24 | by blood or
adoption: grandparent, sibling, great-grandparent, | ||||||
| 25 | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | ||||||
| |||||||
| |||||||
| 1 | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | ||||||
| 2 | is a child's step-father, step-mother, or adult step-brother
or | ||||||
| 3 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
| 4 | a person related in any of the
foregoing ways to a sibling of a | ||||||
| 5 | child, even though the person is not related
to the child, when | ||||||
| 6 | the child and its sibling are placed together with that
person. | ||||||
| 7 | For purposes of placement of children pursuant to Section 7 of | ||||||
| 8 | the Children and Family Services Act and for purposes of | ||||||
| 9 | licensing requirements set forth in Section 4 of this Act, for | ||||||
| 10 | children under the custody or guardianship of the Department | ||||||
| 11 | pursuant to the Juvenile Court Act of 1987, after a parent | ||||||
| 12 | signs a consent, surrender, or waiver or after a parent's | ||||||
| 13 | rights are otherwise terminated, and while the child remains in | ||||||
| 14 | the custody or guardianship of the Department, the child is | ||||||
| 15 | considered to be related to those to whom the child was related | ||||||
| 16 | under this Section prior to the signing of the consent, | ||||||
| 17 | surrender, or waiver or the order of termination of parental | ||||||
| 18 | rights. The term "foster family home" includes homes receiving | ||||||
| 19 | children from
any State-operated institution for child care; or | ||||||
| 20 | from any agency established
by a municipality or other | ||||||
| 21 | political subdivision of the State of Illinois
authorized to | ||||||
| 22 | provide care for children outside their own homes. The term
| ||||||
| 23 | "foster family home" does not include an "adoption-only home" | ||||||
| 24 | as defined in
Section 2.23 of this Act. The types of
foster | ||||||
| 25 | family homes are defined as follows:
| ||||||
| 26 | (a) "Boarding home" means a foster family home which | ||||||
| |||||||
| |||||||
| 1 | receives payment
for regular full-time care of a child or | ||||||
| 2 | children.
| ||||||
| 3 | (b) "Free home" means a foster family home other than | ||||||
| 4 | an adoptive home
which does not receive payments for the | ||||||
| 5 | care of a child or children.
| ||||||
| 6 | (c) "Adoptive home" means a foster family home which | ||||||
| 7 | receives a child or
children for the purpose of adopting | ||||||
| 8 | the child or children.
| ||||||
| 9 | (d) "Work-wage home" means a foster family home which | ||||||
| 10 | receives a child
or children who pay part or all of their | ||||||
| 11 | board by rendering some services
to the family not | ||||||
| 12 | prohibited by the Child Labor Law or by standards or
| ||||||
| 13 | regulations of the Department prescribed under this Act. | ||||||
| 14 | The child or
children may receive a wage in connection with | ||||||
| 15 | the services rendered the
foster family.
| ||||||
| 16 | (e) "Agency-supervised home" means a foster family | ||||||
| 17 | home under the direct
and regular supervision of a licensed | ||||||
| 18 | child welfare agency, of the
Department of Children and | ||||||
| 19 | Family Services, of a circuit court, or of any
other State | ||||||
| 20 | agency which has authority to place children in child care
| ||||||
| 21 | facilities, and which receives no more than 8 children, | ||||||
| 22 | unless of common
parentage, who are placed and are | ||||||
| 23 | regularly supervised by one of the
specified agencies.
| ||||||
| 24 | (f) "Independent home" means a foster family home, | ||||||
| 25 | other than an
adoptive home, which receives no more than 4 | ||||||
| 26 | children, unless of common
parentage, directly from | ||||||
| |||||||
| |||||||
| 1 | parents, or other legally responsible persons, by
| ||||||
| 2 | independent arrangement and which is not subject to direct | ||||||
| 3 | and regular
supervision of a specified agency except as | ||||||
| 4 | such supervision pertains to
licensing by the Department.
| ||||||
| 5 | (Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised | ||||||
| 6 | 10-2-14.)
| ||||||
| 7 | Section 265. The Health Care Worker Background Check Act is | ||||||
| 8 | amended by changing Section 70 as follows:
| ||||||
| 9 | (225 ILCS 46/70) | ||||||
| 10 | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||||||
| 11 | grant; Voluntary FBI Fingerprint Demonstration Project. | ||||||
| 12 | (a) The General Assembly authorizes the establishment of | ||||||
| 13 | the Voluntary FBI Fingerprint Demonstration Project | ||||||
| 14 | (Demonstration Project), which shall be consistent with the | ||||||
| 15 | provisions of the Centers for Medicare and Medicaid Services | ||||||
| 16 | grant awarded to and distributed by the Department of Public | ||||||
| 17 | Health pursuant to Title VI, Subtitle B, Part III, Subtitle C, | ||||||
| 18 | Section 6201 of the Affordable Care Act of 2010. The | ||||||
| 19 | Demonstration Project is authorized to operate for the period | ||||||
| 20 | of January 1, 2014 through December 31, 2014 and shall operate | ||||||
| 21 | until the conclusion of this grant period or until the | ||||||
| 22 | long-term care facility terminates its participation in the | ||||||
| 23 | Demonstration Project, whichever occurs sooner. | ||||||
| 24 | (b) The Long-Term Care Facility Advisory Board established | ||||||
| |||||||
| |||||||
| 1 | under the Nursing Home Care Act shall act in an advisory | ||||||
| 2 | capacity to the Demonstration Project. | ||||||
| 3 | (c) Long-term care facilities voluntarily participating in | ||||||
| 4 | the Demonstration Project shall, in addition to the provisions | ||||||
| 5 | of this Section, comply with all requirements set forth in this | ||||||
| 6 | Act. When conflict between the Act and the provisions of this | ||||||
| 7 | Section occurs, the provisions of this Section shall supersede | ||||||
| 8 | until the conclusion of the grant period or until the long-term | ||||||
| 9 | care facility terminates its participation in the | ||||||
| 10 | Demonstration Project, whichever occurs sooner. | ||||||
| 11 | (d) The Department of Public Health shall select at least | ||||||
| 12 | one facility in the State to participate in the Demonstration | ||||||
| 13 | Project. | ||||||
| 14 | (e) For the purposes of determining who shall be required | ||||||
| 15 | to undergo a State and an FBI fingerprint-based criminal | ||||||
| 16 | history records check under the Demonstration Project, "direct | ||||||
| 17 | access employee" means any individual who has access to a | ||||||
| 18 | patient or resident of a long-term care facility or provider | ||||||
| 19 | through employment or through a contract with a long-term care | ||||||
| 20 | facility or provider and has duties that involve or may involve | ||||||
| 21 | one-on-one contact with a resident of the facility or provider, | ||||||
| 22 | as determined by the State for purposes of the Demonstration | ||||||
| 23 | Project. | ||||||
| 24 | (f) All long-term care facilities licensed under the | ||||||
| 25 | Nursing Home Care Act are qualified to volunteer for the | ||||||
| 26 | Demonstration Project. | ||||||
| |||||||
| |||||||
| 1 | (g) The Department of Public Health shall notify qualified | ||||||
| 2 | long-term care facilities within 30 days after the effective | ||||||
| 3 | date of this amendatory Act of the 98th General Assembly of the | ||||||
| 4 | opportunity to volunteer for the Demonstration Project. The | ||||||
| 5 | notice shall include information concerning application | ||||||
| 6 | procedures and deadlines, termination rights, requirements for | ||||||
| 7 | participation, the selection process, and a | ||||||
| 8 | question-and-answer document addressing potential conflicts | ||||||
| 9 | between this Act and the provisions of this Section. | ||||||
| 10 | (h) Qualified long-term care facilities shall be given a | ||||||
| 11 | minimum of 30 days after the date of receiving the notice to | ||||||
| 12 | inform the Department of Public Health, in the form and manner | ||||||
| 13 | prescribed by the Department of Public Health, of their | ||||||
| 14 | interest in volunteering for the Demonstration Project. | ||||||
| 15 | Facilities selected for the Demonstration Project shall be | ||||||
| 16 | notified, within 30 days after the date of application, of the | ||||||
| 17 | effective date that their participation in the Demonstration | ||||||
| 18 | Project will begin, which may vary. | ||||||
| 19 | (i) The individual applicant shall be responsible for the | ||||||
| 20 | cost of each individual fingerprint inquiry, which may be | ||||||
| 21 | offset with grant funds, if available. Community-Integrated | ||||||
| 22 | (j) Each applicant seeking employment in a position | ||||||
| 23 | described in subsection (e) of this Section with a selected | ||||||
| 24 | health care employer shall, as a condition of employment, have | ||||||
| 25 | his or her fingerprints submitted to the Department of State | ||||||
| 26 | Police in an electronic format that complies with the form and | ||||||
| |||||||
| |||||||
| 1 | manner for requesting and furnishing criminal history record | ||||||
| 2 | information by the Department of State Police and the Federal | ||||||
| 3 | Bureau of Investigation criminal history record databases now | ||||||
| 4 | and hereafter filed. The Department of State Police shall | ||||||
| 5 | forward the fingerprints to the Federal Bureau of Investigation | ||||||
| 6 | for a national criminal history records check. The Department | ||||||
| 7 | of State Police shall charge a fee for conducting the criminal | ||||||
| 8 | history records check, which shall not exceed the actual cost | ||||||
| 9 | of the records check and shall be deposited into the State | ||||||
| 10 | Police Services Fund. The Department of State Police shall | ||||||
| 11 | furnish, pursuant to positive identification, records of | ||||||
| 12 | Illinois convictions to the Department of Public Health. | ||||||
| 13 | (k) A fingerprint-based criminal history records check | ||||||
| 14 | submitted in accordance with subsection (j) of this Section | ||||||
| 15 | shall be submitted as a fee applicant inquiry in the form and | ||||||
| 16 | manner prescribed by the Department of State Police.
| ||||||
| 17 | (l) A long-term care facility may terminate its | ||||||
| 18 | participation in the Demonstration Project without prejudice | ||||||
| 19 | by providing the Department of Public Health with notice of its | ||||||
| 20 | intent to terminate at least 30 days prior to its voluntary | ||||||
| 21 | termination. | ||||||
| 22 | (m) This Section shall be inapplicable upon the conclusion | ||||||
| 23 | of the CMMS grant period.
| ||||||
| 24 | (Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14; | ||||||
| 25 | revised 10-2-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 270. The Home Medical Equipment and Services | ||||||
| 2 | Provider License Act is amended by changing Section 35 as | ||||||
| 3 | follows:
| ||||||
| 4 | (225 ILCS 51/35)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 6 | Sec. 35. Qualifications for licensure.
| ||||||
| 7 | (a) An entity
is qualified to
receive a license as a home | ||||||
| 8 | medical equipment and services
provider if the entity meets | ||||||
| 9 | each of the following requirements:
| ||||||
| 10 | (1) complies with all applicable federal and State | ||||||
| 11 | licensure and
regulatory requirements;
| ||||||
| 12 | (2) maintains a physical facility and medical | ||||||
| 13 | equipment
inventory. There shall only be one license | ||||||
| 14 | permitted at each
address;
| ||||||
| 15 | (3) establishes proof of commercial general liability | ||||||
| 16 | insurance,
including but not limited to coverage for | ||||||
| 17 | products liability and professional
liability;
| ||||||
| 18 | (4) establishes and provides records of annual | ||||||
| 19 | continuing
education for personnel engaged in the | ||||||
| 20 | delivery, maintenance,
repair, cleaning, inventory | ||||||
| 21 | control, and financial management of
home medical | ||||||
| 22 | equipment and services;
| ||||||
| 23 | (5) maintains records on all patients to whom it | ||||||
| 24 | provides home medical
equipment and services;
| ||||||
| 25 | (6) establishes equipment management and personnel | ||||||
| |||||||
| |||||||
| 1 | policies;
| ||||||
| 2 | (7) makes life-sustaining life sustaining home medical | ||||||
| 3 | equipment and services available 24
hours per day and
7 | ||||||
| 4 | days per week;
| ||||||
| 5 | (8) complies with any additional qualifications
for | ||||||
| 6 | licensure as determined by rule of the Department.
| ||||||
| 7 | (b) The Department may request a personal interview of an | ||||||
| 8 | applicant
before the Board to further evaluate the entity's
| ||||||
| 9 | qualifications for licensure.
| ||||||
| 10 | (Source: P.A. 90-532, eff. 11-14-97; revised 11-25-14.)
| ||||||
| 11 | Section 275. The Nurse Practice Act is amended by changing | ||||||
| 12 | Section 80-40 as follows:
| ||||||
| 13 | (225 ILCS 65/80-40) | ||||||
| 14 | Sec. 80-40. Licensure by examination. An applicant for | ||||||
| 15 | licensure by examination to practice as a licensed medication | ||||||
| 16 | aide
must: | ||||||
| 17 | (1) submit a completed written application on forms | ||||||
| 18 | provided by the Department and fees
as established by the | ||||||
| 19 | Department; | ||||||
| 20 | (2) be age 18 or older; | ||||||
| 21 | (3) have a high school diploma or a high school | ||||||
| 22 | equivalency certificate of general education development | ||||||
| 23 | (GED); | ||||||
| 24 | (4) demonstrate the ability able to speak, read, and | ||||||
| |||||||
| |||||||
| 1 | write the English language, as determined by
rule; | ||||||
| 2 | (5) demonstrate competency in math, as determined by | ||||||
| 3 | rule; | ||||||
| 4 | (6) be currently certified in good standing as a | ||||||
| 5 | certified nursing assistant and provide
proof of 2,000 | ||||||
| 6 | hours of practice as a certified nursing assistant within 3 | ||||||
| 7 | years before
application for licensure; | ||||||
| 8 | (7) submit to the criminal history records check | ||||||
| 9 | required under Section 50-35 of this Act; | ||||||
| 10 | (8) have not engaged in conduct or behavior determined | ||||||
| 11 | to be grounds for discipline under
this Act; | ||||||
| 12 | (9) be currently certified to perform cardiopulmonary | ||||||
| 13 | resuscitation by the American Heart
Association or | ||||||
| 14 | American Red Cross; | ||||||
| 15 | (10) have successfully completed a course of study | ||||||
| 16 | approved by the Department as defined
by rule; to be | ||||||
| 17 | approved, the program must include a minimum of 60 hours of | ||||||
| 18 | classroom-based medication aide education, a minimum of 10 | ||||||
| 19 | hours of simulation laboratory study, and
a minimum of 30 | ||||||
| 20 | hours of registered nurse-supervised clinical practicum | ||||||
| 21 | with progressive responsibility
of patient medication | ||||||
| 22 | assistance; | ||||||
| 23 | (11) have successfully completed the Medication Aide | ||||||
| 24 | Certification Examination or other
examination authorized | ||||||
| 25 | by the Department; and | ||||||
| 26 | (12) submit proof of employment by a qualifying | ||||||
| |||||||
| |||||||
| 1 | facility.
| ||||||
| 2 | (Source: P.A. 98-990, eff. 8-18-14; revised 11-26-14.)
| ||||||
| 3 | Section 280. The Veterinary Medicine and Surgery Practice | ||||||
| 4 | Act of 2004 is amended by changing Section 25 as follows:
| ||||||
| 5 | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||||||
| 6 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 7 | Sec. 25. Disciplinary actions.
| ||||||
| 8 | 1. The Department may refuse to issue or renew, or may | ||||||
| 9 | revoke,
suspend, place on probation, reprimand, or take other | ||||||
| 10 | disciplinary or non-disciplinary
action as the Department may | ||||||
| 11 | deem appropriate, including imposing fines not to
exceed | ||||||
| 12 | $10,000 for each violation and the assessment of costs as | ||||||
| 13 | provided for in Section 25.3 of this Act, with regard to any
| ||||||
| 14 | license or certificate for any one or combination of the | ||||||
| 15 | following:
| ||||||
| 16 | A. Material misstatement in furnishing information to | ||||||
| 17 | the
Department.
| ||||||
| 18 | B. Violations of this Act, or of the rules adopted | ||||||
| 19 | pursuant to this Act.
| ||||||
| 20 | C. Conviction by plea of guilty or nolo contendere, | ||||||
| 21 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 22 | sentencing of any crime, including, but not limited to, | ||||||
| 23 | convictions, preceding sentences of supervision, | ||||||
| 24 | conditional discharge, or first offender probation, under | ||||||
| |||||||
| |||||||
| 1 | the laws of any jurisdiction of the United States that is | ||||||
| 2 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
| 3 | which is dishonesty, or that is directly related to the | ||||||
| 4 | practice of the profession.
| ||||||
| 5 | D. Fraud or any misrepresentation in applying for or | ||||||
| 6 | procuring a license under this Act or in connection with | ||||||
| 7 | applying for renewal of a license under this Act.
| ||||||
| 8 | E. Professional incompetence.
| ||||||
| 9 | F. Malpractice.
| ||||||
| 10 | G. Aiding or assisting another person in violating any | ||||||
| 11 | provision of this
Act or rules.
| ||||||
| 12 | H. Failing, within 60 days, to provide information in | ||||||
| 13 | response to a
written request made by the Department.
| ||||||
| 14 | I. Engaging in dishonorable, unethical, or | ||||||
| 15 | unprofessional conduct of a
character likely to deceive, | ||||||
| 16 | defraud, or harm the public.
| ||||||
| 17 | J. Habitual or excessive use or abuse of drugs defined | ||||||
| 18 | in law as controlled substances, alcohol, or any other | ||||||
| 19 | substance that results in the inability
to practice with | ||||||
| 20 | reasonable judgment, skill, or safety.
| ||||||
| 21 | K. Discipline by another state, unit of government, | ||||||
| 22 | government agency, District of Columbia, territory, or
| ||||||
| 23 | foreign nation, if at least one of the grounds for the | ||||||
| 24 | discipline is the same
or substantially equivalent to those | ||||||
| 25 | set forth herein.
| ||||||
| 26 | L. Charging for professional services not rendered, | ||||||
| |||||||
| |||||||
| 1 | including filing false statements for the collection of | ||||||
| 2 | fees for which services are not rendered.
| ||||||
| 3 | M. A finding by the Board that the licensee or | ||||||
| 4 | certificate holder,
after having his license or | ||||||
| 5 | certificate placed on probationary status, has
violated | ||||||
| 6 | the terms of probation.
| ||||||
| 7 | N. Willfully making or filing false records or reports | ||||||
| 8 | in his practice,
including but not limited to false records | ||||||
| 9 | filed with State agencies or
departments.
| ||||||
| 10 | O. Physical illness, including but not limited to, | ||||||
| 11 | deterioration through
the aging process, or loss of motor | ||||||
| 12 | skill which results in the inability
to practice under this | ||||||
| 13 | Act with reasonable judgment, skill, or safety.
| ||||||
| 14 | P. Solicitation of professional services other than | ||||||
| 15 | permitted
advertising.
| ||||||
| 16 | Q. Allowing one's license under this Act to be used by | ||||||
| 17 | an unlicensed person in violation of this Act.
| ||||||
| 18 | R. Conviction of or cash compromise of a charge or | ||||||
| 19 | violation of the
Harrison Act or the Illinois Controlled | ||||||
| 20 | Substances Act, regulating narcotics.
| ||||||
| 21 | S. Fraud or dishonesty in applying, treating, or | ||||||
| 22 | reporting on
tuberculin or other biological tests.
| ||||||
| 23 | T. Failing to report, as required by law, or making | ||||||
| 24 | false report of any
contagious or infectious diseases.
| ||||||
| 25 | U. Fraudulent use or misuse of any health certificate, | ||||||
| 26 | shipping
certificate, brand inspection certificate, or | ||||||
| |||||||
| |||||||
| 1 | other blank forms used in
practice that might lead to the | ||||||
| 2 | dissemination of disease or the transportation
of diseased | ||||||
| 3 | animals dead or alive; or dilatory methods, willful | ||||||
| 4 | neglect, or
misrepresentation in the inspection of milk, | ||||||
| 5 | meat, poultry, and the by-products
thereof.
| ||||||
| 6 | V. Conviction on a charge of cruelty to animals.
| ||||||
| 7 | W. Failure to keep one's premises and all equipment | ||||||
| 8 | therein in a clean
and sanitary condition.
| ||||||
| 9 | X. Failure to provide satisfactory proof of having | ||||||
| 10 | participated in
approved continuing education programs.
| ||||||
| 11 | Y. Mental illness or disability that results in the | ||||||
| 12 | inability to practice under this Act with reasonable | ||||||
| 13 | judgment, skill, or safety.
| ||||||
| 14 | Z. Conviction by any court of competent jurisdiction, | ||||||
| 15 | either within or
outside this State, of any violation of | ||||||
| 16 | any law governing the practice of
veterinary medicine, if | ||||||
| 17 | the Department determines, after investigation, that
the | ||||||
| 18 | person has not been sufficiently rehabilitated to warrant | ||||||
| 19 | the public trust.
| ||||||
| 20 | AA. Promotion of the sale of drugs, devices, | ||||||
| 21 | appliances, or goods provided
for a patient in any manner | ||||||
| 22 | to exploit the client for financial gain of the
| ||||||
| 23 | veterinarian.
| ||||||
| 24 | BB. Gross, willful, or continued overcharging for | ||||||
| 25 | professional services.
| ||||||
| 26 | CC. Practicing under a false or, except as provided by | ||||||
| |||||||
| |||||||
| 1 | law, an assumed
name.
| ||||||
| 2 | DD. Violating state or federal laws or regulations | ||||||
| 3 | relating to controlled substances or legend drugs.
| ||||||
| 4 | EE. Cheating on or attempting to subvert the licensing | ||||||
| 5 | examination
administered under this Act.
| ||||||
| 6 | FF. Using, prescribing, or selling a prescription drug | ||||||
| 7 | or the
extra-label use of a prescription drug by any means | ||||||
| 8 | in the absence of a valid
veterinarian-client-patient | ||||||
| 9 | relationship.
| ||||||
| 10 | GG. Failing to report a case of suspected aggravated | ||||||
| 11 | cruelty, torture,
or
animal fighting pursuant to Section | ||||||
| 12 | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||||||
| 13 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||||||
| 14 | Code of 2012.
| ||||||
| 15 | All fines imposed under this Section shall be paid within | ||||||
| 16 | 60 days after the effective date of the order imposing the fine | ||||||
| 17 | or in accordance with the terms set forth in the order imposing | ||||||
| 18 | the fine. | ||||||
| 19 | 2. The determination by a circuit court that a licensee or | ||||||
| 20 | certificate
holder is subject to involuntary admission or | ||||||
| 21 | judicial admission as provided in
the Mental Health and | ||||||
| 22 | Developmental Disabilities Code operates as an automatic
| ||||||
| 23 | suspension. The suspension will end only upon a finding by a | ||||||
| 24 | court that the
patient is no longer subject to involuntary | ||||||
| 25 | admission or judicial admission and
issues an order so finding | ||||||
| 26 | and discharging the patient. In any case where a license is | ||||||
| |||||||
| |||||||
| 1 | suspended under this provision, the licensee shall file a | ||||||
| 2 | petition for restoration and shall include evidence acceptable | ||||||
| 3 | to the Department that the licensee can resume practice in | ||||||
| 4 | compliance with acceptable and prevailing standards of his or | ||||||
| 5 | her their profession.
| ||||||
| 6 | 3. All proceedings to suspend, revoke, place on | ||||||
| 7 | probationary status, or
take any other disciplinary action as | ||||||
| 8 | the Department may deem proper, with
regard to a license or | ||||||
| 9 | certificate on any of the foregoing grounds, must be
commenced | ||||||
| 10 | within 5 years after receipt by the Department of a complaint
| ||||||
| 11 | alleging the commission of or notice of the conviction order | ||||||
| 12 | for any of the
acts described in this Section. Except for | ||||||
| 13 | proceedings brought for violations
of items (CC), (DD), or | ||||||
| 14 | (EE), no action shall be commenced more than 5 years
after the | ||||||
| 15 | date of the incident or act alleged to have violated this | ||||||
| 16 | Section.
In the event of the settlement of any claim or cause | ||||||
| 17 | of action in favor of the
claimant or the reduction to final | ||||||
| 18 | judgment of any civil action in favor of the
plaintiff, the | ||||||
| 19 | claim, cause of action, or civil action being grounded on the
| ||||||
| 20 | allegation that a person licensed or certified under this Act | ||||||
| 21 | was negligent in
providing care, the Department shall have an | ||||||
| 22 | additional period of one year from
the date of the settlement | ||||||
| 23 | or final judgment in which to investigate and begin
formal | ||||||
| 24 | disciplinary proceedings under Section 25.2 of this Act, except | ||||||
| 25 | as
otherwise provided by law. The time during which the holder | ||||||
| 26 | of the license or
certificate was outside the State of Illinois | ||||||
| |||||||
| |||||||
| 1 | shall not be included within any
period of time limiting the | ||||||
| 2 | commencement of disciplinary action by the
Department.
| ||||||
| 3 | 4. The Department may refuse to issue or may suspend | ||||||
| 4 | without hearing, as provided for in the Illinois Code of Civil | ||||||
| 5 | Procedure,
the license of any person who fails to file a | ||||||
| 6 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
| 7 | return, or to pay any final assessment of tax, penalty, or
| ||||||
| 8 | interest as
required by any tax Act administered by the | ||||||
| 9 | Illinois Department of Revenue, until such
time as
the | ||||||
| 10 | requirements of any such tax Act are satisfied in accordance | ||||||
| 11 | with subsection (g) of Section 2105-15 of the Civil | ||||||
| 12 | Administrative Code of Illinois.
| ||||||
| 13 | 5. In enforcing this Section, the Department, upon a | ||||||
| 14 | showing of a possible violation, may compel any individual who | ||||||
| 15 | is registered under this Act or any individual who has applied | ||||||
| 16 | for registration to submit to a mental or physical examination | ||||||
| 17 | or evaluation, or both, which may include a substance abuse or | ||||||
| 18 | sexual offender evaluation, at the expense of the Department. | ||||||
| 19 | The Department shall specifically designate the examining | ||||||
| 20 | physician licensed to practice medicine in all of its branches | ||||||
| 21 | or, if applicable, the multidisciplinary team involved in | ||||||
| 22 | providing the mental or physical examination and evaluation. | ||||||
| 23 | The multidisciplinary team shall be led by a physician licensed | ||||||
| 24 | to practice medicine in all of its branches and may consist of | ||||||
| 25 | one or more or a combination of physicians licensed to practice | ||||||
| 26 | medicine in all of its branches, licensed chiropractic | ||||||
| |||||||
| |||||||
| 1 | physicians, licensed clinical psychologists, licensed clinical | ||||||
| 2 | social workers, licensed clinical professional counselors, and | ||||||
| 3 | other professional and administrative staff. Any examining | ||||||
| 4 | physician or member of the multidisciplinary team may require | ||||||
| 5 | any person ordered to submit to an examination and evaluation | ||||||
| 6 | pursuant to this Section to submit to any additional | ||||||
| 7 | supplemental testing deemed necessary to complete any | ||||||
| 8 | examination or evaluation process, including, but not limited | ||||||
| 9 | to, blood testing, urinalysis, psychological testing, or | ||||||
| 10 | neuropsychological testing. | ||||||
| 11 | The Department may order the examining physician or any | ||||||
| 12 | member of the multidisciplinary team to provide to the | ||||||
| 13 | Department any and all records, including business records, | ||||||
| 14 | that relate to the examination and evaluation, including any | ||||||
| 15 | supplemental testing performed. The Department may order the | ||||||
| 16 | examining physician or any member of the multidisciplinary team | ||||||
| 17 | to present testimony concerning this examination and | ||||||
| 18 | evaluation of the registrant or applicant, including testimony | ||||||
| 19 | concerning any supplemental testing or documents relating to | ||||||
| 20 | the examination and evaluation. No information, report, | ||||||
| 21 | record, or other documents in any way related to the | ||||||
| 22 | examination and evaluation shall be excluded by reason of any | ||||||
| 23 | common law or statutory privilege relating to communication | ||||||
| 24 | between the licensee or applicant and the examining physician | ||||||
| 25 | or any member of the multidisciplinary team. No authorization | ||||||
| 26 | is necessary from the registrant or applicant ordered to | ||||||
| |||||||
| |||||||
| 1 | undergo an evaluation and examination for the examining | ||||||
| 2 | physician or any member of the multidisciplinary team to | ||||||
| 3 | provide information, reports, records, or other documents or to | ||||||
| 4 | provide any testimony regarding the examination and | ||||||
| 5 | evaluation. The individual to be examined may have, at his or | ||||||
| 6 | her own expense, another physician of his or her choice present | ||||||
| 7 | during all aspects of the examination. | ||||||
| 8 | Failure of any individual to submit to mental or physical | ||||||
| 9 | examination or evaluation, or both, when directed, shall result | ||||||
| 10 | in an automatic suspension without hearing, until such time as | ||||||
| 11 | the individual submits to the examination. If the Department | ||||||
| 12 | finds a registrant unable to practice because of the reasons | ||||||
| 13 | set forth in this Section, the Department shall require such | ||||||
| 14 | registrant to submit to care, counseling, or treatment by | ||||||
| 15 | physicians approved or designated by the Department as a | ||||||
| 16 | condition for continued, reinstated, or renewed registration. | ||||||
| 17 | In instances in which the Secretary immediately suspends a | ||||||
| 18 | registration under this Section, a hearing upon such person's | ||||||
| 19 | registration must be convened by the Department within 15 days | ||||||
| 20 | after such suspension and completed without appreciable delay. | ||||||
| 21 | The Department shall have the authority to review the | ||||||
| 22 | registrant's record of treatment and counseling regarding the | ||||||
| 23 | impairment to the extent permitted by applicable federal | ||||||
| 24 | statutes and regulations safeguarding the confidentiality of | ||||||
| 25 | medical records. | ||||||
| 26 | Individuals registered under this Act who that are affected | ||||||
| |||||||
| |||||||
| 1 | under this Section, shall be afforded an opportunity to | ||||||
| 2 | demonstrate to the Department that they can resume practice in | ||||||
| 3 | compliance with acceptable and prevailing standards under the | ||||||
| 4 | provisions of their registration.
| ||||||
| 5 | 6. The Department shall deny a license or renewal | ||||||
| 6 | authorized by this Act to a person who has defaulted on an | ||||||
| 7 | educational loan or scholarship provided or guaranteed by the | ||||||
| 8 | Illinois Student Assistance Commission or any governmental | ||||||
| 9 | agency of this State in accordance with paragraph (5) of | ||||||
| 10 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
| 11 | Code of Illinois. | ||||||
| 12 | 7. In cases where the Department of Healthcare and Family | ||||||
| 13 | Services has previously determined a licensee or a potential | ||||||
| 14 | licensee is more than 30 days delinquent in the payment of | ||||||
| 15 | child support and has subsequently certified the delinquency to | ||||||
| 16 | the Department, the Department may refuse to issue or renew or | ||||||
| 17 | may revoke or suspend that person's license or may take other | ||||||
| 18 | disciplinary action against that person based solely upon the | ||||||
| 19 | certification of delinquency made by the Department of | ||||||
| 20 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
| 21 | of subsection (a) of Section 2105-15 1205-15 of the Civil | ||||||
| 22 | Administrative Code of Illinois. | ||||||
| 23 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 24 | 98-339, eff. 12-31-13; revised 11-25-14.)
| ||||||
| 25 | Section 285. The Professional Engineering Practice Act of | ||||||
| |||||||
| |||||||
| 1 | 1989 is amended by changing Section 11 as follows:
| ||||||
| 2 | (225 ILCS 325/11) (from Ch. 111, par. 5211)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2020) | ||||||
| 4 | Sec. 11. Minimum standards for examination for enrollment | ||||||
| 5 | as
engineer intern. Each of the following is considered a | ||||||
| 6 | minimum standard
that an applicant must satisfy to qualify for | ||||||
| 7 | enrollment as an engineer
intern: . | ||||||
| 8 | (a) A graduate of an approved engineering curriculum of | ||||||
| 9 | at least 4
years, who has passed an examination in the
| ||||||
| 10 | fundamentals of engineering as defined by rule, shall be | ||||||
| 11 | enrolled as an engineer intern, if
the applicant is | ||||||
| 12 | otherwise qualified; or | ||||||
| 13 | (b) An applicant in the last year of an approved | ||||||
| 14 | engineering
curriculum who passes an examination in the
| ||||||
| 15 | fundamentals of engineering as defined by rule and | ||||||
| 16 | furnishes proof that the applicant graduated within a
12 | ||||||
| 17 | month period following the examination shall be enrolled
as | ||||||
| 18 | an engineer intern, if the applicant is otherwise | ||||||
| 19 | qualified; or | ||||||
| 20 | (c) A graduate of a non-approved engineering | ||||||
| 21 | curriculum or a related
science curriculum of at least 4 | ||||||
| 22 | years and which meets the requirements as set
forth by rule | ||||||
| 23 | by submitting an application to the Department for its | ||||||
| 24 | review and approval, who submits acceptable evidence to the | ||||||
| 25 | Board of an
additional 4 years or more of progressive | ||||||
| |||||||
| |||||||
| 1 | experience in engineering
work, and who has passed an | ||||||
| 2 | examination in the
fundamentals of engineering as defined | ||||||
| 3 | by rule shall be enrolled as an engineer intern, if
the | ||||||
| 4 | applicant is otherwise qualified. | ||||||
| 5 | (Source: P.A. 98-713, eff. 7-16-14; revised 11-25-14.)
| ||||||
| 6 | Section 290. The Barber, Cosmetology, Esthetics, Hair | ||||||
| 7 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
| 8 | changing Section 2-4 as follows:
| ||||||
| 9 | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| ||||||
| 10 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 11 | Sec. 2-4. Licensure as a barber
teacher; qualifications. A | ||||||
| 12 | person is qualified to receive a license as a barber teacher if | ||||||
| 13 | that person files an
application on forms provided by the | ||||||
| 14 | Department, pays the required fee, and: | ||||||
| 15 | a. Is at least 18 years of age;
| ||||||
| 16 | b. Has graduated from high school or its equivalent;
| ||||||
| 17 | c. Has a current license as a barber or cosmetologist;
| ||||||
| 18 | d. Has graduated from a barber school or school of | ||||||
| 19 | cosmetology approved by the Department
having:
| ||||||
| 20 | (1) completed a total of 500 hours in barber | ||||||
| 21 | teacher training extending
over a period of not less | ||||||
| 22 | than 3 months nor more than 2 years and has had 3
years | ||||||
| 23 | of practical experience as a licensed barber;
| ||||||
| 24 | (2) completed a total of 1,000 hours of barber | ||||||
| |||||||
| |||||||
| 1 | teacher training extending
over a period of not less | ||||||
| 2 | than 6 months nor more than 2 years; or
| ||||||
| 3 | (3) completed the cosmetology teacher training as | ||||||
| 4 | specified in paragraph (4) of subsection (a) of Section | ||||||
| 5 | 3-4 of this Act and completed a supplemental barbering | ||||||
| 6 | course as established by rule; and | ||||||
| 7 | e. Has passed an examination authorized by the | ||||||
| 8 | Department
to determine fitness to receive a license
as a | ||||||
| 9 | barber teacher or a cosmetology teacher; and
| ||||||
| 10 | f. Has met any other requirements set forth in this | ||||||
| 11 | Act.
| ||||||
| 12 | An applicant who is issued a license as a Barber Teacher is | ||||||
| 13 | not required
to maintain a barber license in order to practice | ||||||
| 14 | barbering as defined in this
Act.
| ||||||
| 15 | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15; | ||||||
| 16 | revised 11-25-14.)
| ||||||
| 17 | Section 295. The Cemetery Oversight Act is amended by | ||||||
| 18 | changing Section 5-25 as follows:
| ||||||
| 19 | (225 ILCS 411/5-25) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
| 21 | Sec. 5-25. Powers of the Department. Subject to the | ||||||
| 22 | provisions of this Act, the Department may exercise the | ||||||
| 23 | following powers: | ||||||
| 24 | (1) Authorize certification programs to ascertain the | ||||||
| |||||||
| |||||||
| 1 | qualifications and fitness of applicants for licensing as a | ||||||
| 2 | licensed cemetery manager or as a customer service employee | ||||||
| 3 | to ascertain whether they possess the requisite level of | ||||||
| 4 | knowledge for such position. | ||||||
| 5 | (2) Examine a licensed cemetery authority's records | ||||||
| 6 | from any year or any other aspects of cemetery operation as | ||||||
| 7 | the Department deems appropriate. | ||||||
| 8 | (3) Investigate any and all cemetery operations. | ||||||
| 9 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
| 10 | or renew licenses or to revoke, suspend, place on | ||||||
| 11 | probation, reprimand, or otherwise discipline a license | ||||||
| 12 | under this Act or take other non-disciplinary action. | ||||||
| 13 | (5) Adopt reasonable rules required for the | ||||||
| 14 | administration of this Act. | ||||||
| 15 | (6) Prescribe forms to be issued for the administration | ||||||
| 16 | and enforcement of this Act. | ||||||
| 17 | (7) Maintain rosters of the names and addresses of all | ||||||
| 18 | licensees and all persons whose licenses have been | ||||||
| 19 | suspended, revoked, denied renewal, or otherwise | ||||||
| 20 | disciplined within the previous calendar year. These | ||||||
| 21 | rosters shall be available upon written request and payment | ||||||
| 22 | of the required fee as established by rule. | ||||||
| 23 | (8) Work with the Office of the Comptroller and the | ||||||
| 24 | Department of Public Health, Division of Vital Records to | ||||||
| 25 | exchange information and request additional information | ||||||
| 26 | relating to a licensed cemetery authority. ; | ||||||
| |||||||
| |||||||
| 1 | (9) Investigate cemetery contracts, grounds, or | ||||||
| 2 | employee records. | ||||||
| 3 | If the Department exercises its authority to conduct | ||||||
| 4 | investigations under this Section, the Department shall | ||||||
| 5 | provide the cemetery authority with information sufficient to | ||||||
| 6 | challenge the allegation. If the complainant consents, then the | ||||||
| 7 | Department shall provide the cemetery authority with the | ||||||
| 8 | identity of and contact information for the complainant so as | ||||||
| 9 | to allow the cemetery authority and the complainant to resolve | ||||||
| 10 | the complaint directly. Except as otherwise provided in this | ||||||
| 11 | Act, any complaint received by the Department and any | ||||||
| 12 | information collected to investigate the complaint shall be | ||||||
| 13 | maintained by the Department for the confidential use of the | ||||||
| 14 | Department and shall not be disclosed. The Department may not | ||||||
| 15 | disclose the information to anyone other than law enforcement | ||||||
| 16 | officials or other regulatory agencies or persons that have an | ||||||
| 17 | appropriate regulatory interest, as determined by the | ||||||
| 18 | Secretary, or to a party presenting a lawful subpoena to the | ||||||
| 19 | Department. Information and documents disclosed to a federal, | ||||||
| 20 | state, county, or local law enforcement agency shall not be | ||||||
| 21 | disclosed by the agency for any purpose to any other agency or | ||||||
| 22 | person. A formal complaint filed against a licensee by the | ||||||
| 23 | Department or any order issued by the Department against a | ||||||
| 24 | licensee or applicant shall be a public record, except as | ||||||
| 25 | otherwise prohibited by law.
| ||||||
| 26 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12; revised | ||||||
| |||||||
| |||||||
| 1 | 11-25-14.)
| ||||||
| 2 | Section 300. The Community Association Manager Licensing | ||||||
| 3 | and Disciplinary Act is amended by changing Section 155 as | ||||||
| 4 | follows:
| ||||||
| 5 | (225 ILCS 427/155)
| ||||||
| 6 | (Section scheduled to be repealed on January 1, 2020) | ||||||
| 7 | Sec. 155. Violations; penalties. | ||||||
| 8 | (a) A person who violates any of the following provisions | ||||||
| 9 | shall be guilty of a Class A misdemeanor; a person who commits | ||||||
| 10 | a second or subsequent violation of these provisions is guilty | ||||||
| 11 | of a Class 4 felony: | ||||||
| 12 | (1) The practice of or attempted practice of or holding | ||||||
| 13 | out as available to practice as a community association | ||||||
| 14 | manager, or supervising community association manager | ||||||
| 15 | without a license. | ||||||
| 16 | (2) Operation of or attempt to operate a community | ||||||
| 17 | association management firm without a firm license or a | ||||||
| 18 | designated supervising community association manager. | ||||||
| 19 | (3) The obtaining of or the attempt to obtain any | ||||||
| 20 | license or authorization issued under this Act by | ||||||
| 21 | fraudulent misrepresentation. | ||||||
| 22 | (b) Whenever a licensee is convicted of a felony related to | ||||||
| 23 | the violations set forth in this Section, the clerk of the | ||||||
| 24 | court in any jurisdiction shall promptly report the conviction | ||||||
| |||||||
| |||||||
| 1 | to the Department and the Department shall immediately revoke | ||||||
| 2 | any license authorized under this Act held by that licensee. | ||||||
| 3 | The licensee shall not be eligible for licensure under this Act | ||||||
| 4 | until at least 10 years have elapsed since the time of full | ||||||
| 5 | discharge from any sentence imposed for a felony conviction. If | ||||||
| 6 | any person in making any oath or affidavit required by this Act | ||||||
| 7 | swears falsely, the person is guilty of perjury and may be | ||||||
| 8 | punished accordingly.
| ||||||
| 9 | (Source: P.A. 98-365, eff. 1-1-14; revised 11-25-14.)
| ||||||
| 10 | Section 305. The Illinois Public Accounting Act is amended | ||||||
| 11 | by changing Sections 0.02, 0.03, and 14.4 as follows:
| ||||||
| 12 | (225 ILCS 450/0.02) (from Ch. 111, par. 5500.02)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 14 | Sec. 0.02. Declaration of public policy. It is the policy | ||||||
| 15 | of this State and the purpose of this Act:
| ||||||
| 16 | (a) to To promote the dependability of information | ||||||
| 17 | which is used for guidance
in financial transactions or for | ||||||
| 18 | accounting for or assessing the status
or performance of | ||||||
| 19 | commercial and noncommercial enterprises, whether public,
| ||||||
| 20 | private, or governmental; and
| ||||||
| 21 | (b) to To protect the public interest by requiring that | ||||||
| 22 | persons engaged in
the practice of public accounting be | ||||||
| 23 | qualified; that a public authority
competent to prescribe | ||||||
| 24 | and assess the qualifications of public accountants
be | ||||||
| |||||||
| |||||||
| 1 | established; and that
| ||||||
| 2 | (c) that preparing Preparing, auditing, or examining | ||||||
| 3 | financial statements and issuing
a report expressing or | ||||||
| 4 | disclaiming an opinion on such statements or expressing
| ||||||
| 5 | assurance on such statements be reserved to persons who | ||||||
| 6 | demonstrate their
ability and fitness to observe and apply | ||||||
| 7 | the standards of the accounting
profession; and that the | ||||||
| 8 | use of accounting titles likely to confuse the
public be | ||||||
| 9 | prohibited.
| ||||||
| 10 | (Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
| ||||||
| 11 | (225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
| ||||||
| 12 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 13 | Sec. 0.03. Definitions. As used in this Act, unless the | ||||||
| 14 | context
otherwise requires:
| ||||||
| 15 | "Accountancy activities" means the services as set forth in | ||||||
| 16 | Section 8.05 of the Act. | ||||||
| 17 | "Address of record" means the designated address recorded | ||||||
| 18 | by the Department in the applicant's, licensee's, or | ||||||
| 19 | registrant's application file or license file maintained by the | ||||||
| 20 | Department's licensure maintenance unit. It is the duty of the | ||||||
| 21 | applicant, licensee, or registrant to inform the Department of | ||||||
| 22 | any change of address, and those changes must be made either | ||||||
| 23 | through the Department's website or by directly contacting the | ||||||
| 24 | Department. | ||||||
| 25 | "Certificate" means a certificate issued by the Board or | ||||||
| |||||||
| |||||||
| 1 | University or similar jurisdictions specifying an individual | ||||||
| 2 | has successfully passed all sections and requirements of the | ||||||
| 3 | Uniform Certified Public Accountant Examination. A certificate | ||||||
| 4 | issued by the Board or University or similar jurisdiction does | ||||||
| 5 | not confer the ability to use the CPA title and is not | ||||||
| 6 | equivalent to a registration or license under this Act. | ||||||
| 7 | "Compilation" means providing a service to be performed in | ||||||
| 8 | accordance with Statements on Standards for Accounting and | ||||||
| 9 | Review Services that is presented in the form of financial | ||||||
| 10 | statements or information that is the representation of | ||||||
| 11 | management or owners without undertaking to express any | ||||||
| 12 | assurance on the statements. | ||||||
| 13 | "CPA" or "C.P.A." means a certified public accountant who | ||||||
| 14 | holds a license or registration issued by the Department or an | ||||||
| 15 | individual authorized to use the CPA title under Section 5.2 of | ||||||
| 16 | this Act. | ||||||
| 17 | "CPA firm" means a sole proprietorship, a corporation, | ||||||
| 18 | registered limited liability partnership, limited liability | ||||||
| 19 | company, partnership, professional service corporation, or any | ||||||
| 20 | other form of organization issued a license in accordance with | ||||||
| 21 | this Act. | ||||||
| 22 | "CPA (inactive)" means a licensed certified public | ||||||
| 23 | accountant who elects to have the Department place his or her | ||||||
| 24 | license on inactive status pursuant to Section 17.2 of this | ||||||
| 25 | Act. | ||||||
| 26 | "Financial statement" means a structured presentation of | ||||||
| |||||||
| |||||||
| 1 | historical financial information, including, but not limited | ||||||
| 2 | to, related notes intended to communicate an entity's economic | ||||||
| 3 | resources and obligations at a point in time or the changes | ||||||
| 4 | therein for a period of time in accordance with generally | ||||||
| 5 | accepted accounting principles (GAAP) or other comprehensive | ||||||
| 6 | basis of accounting (OCBOA). | ||||||
| 7 | "Other attestation engagements" means an engagement | ||||||
| 8 | performed in accordance with the Statements on Standards for | ||||||
| 9 | Attestation Engagements. | ||||||
| 10 | "Registered Certified Public Accountant" or "registered | ||||||
| 11 | CPA" means any person who has been issued
a registration under | ||||||
| 12 | this Act as a Registered Certified Public Accountant.
| ||||||
| 13 | "Report", when used with reference to financial | ||||||
| 14 | statements, means an opinion, report, or other form of language | ||||||
| 15 | that states or implies assurance as to the reliability of any | ||||||
| 16 | financial statements and that also includes or is accompanied | ||||||
| 17 | by any statement or implication that the person or firm issuing | ||||||
| 18 | it has special knowledge or competence in accounting or | ||||||
| 19 | auditing. Such a statement or implication of special knowledge | ||||||
| 20 | or competence may arise from use by the issuer of the report of | ||||||
| 21 | names or titles indicating that the person or firm is an | ||||||
| 22 | accountant or auditor, or from the language of the report | ||||||
| 23 | itself. "Report" includes any form of language that disclaims | ||||||
| 24 | an opinion when the form of language is conventionally | ||||||
| 25 | understood to imply any positive assurance as to the | ||||||
| 26 | reliability of the financial statements referred to or special | ||||||
| |||||||
| |||||||
| 1 | competence on the part of the person or firm issuing such | ||||||
| 2 | language; it includes any other form of language that is | ||||||
| 3 | conventionally understood to imply such assurance or such | ||||||
| 4 | special knowledge or competence. | ||||||
| 5 | "Licensed Certified Public Accountant" or "licensed CPA" | ||||||
| 6 | means any person licensed
under this Act as a Licensed | ||||||
| 7 | Certified Public Accountant.
| ||||||
| 8 | "Committee" means the Public Accountant Registration and | ||||||
| 9 | Licensure Committee appointed by the Secretary.
| ||||||
| 10 | "Department" means the Department of Financial and | ||||||
| 11 | Professional Regulation.
| ||||||
| 12 | "License", "licensee", and "licensure" refer refers to the | ||||||
| 13 | authorization
to practice under the provisions of this Act.
| ||||||
| 14 | "Peer review" means a study, appraisal, or review of one or
| ||||||
| 15 | more aspects of a CPA firm's or sole practitioner's compliance | ||||||
| 16 | with applicable accounting, auditing, and other attestation | ||||||
| 17 | standards adopted by generally recognized standard-setting | ||||||
| 18 | bodies.
| ||||||
| 19 | "Principal place of business" means the office location | ||||||
| 20 | designated by the licensee from which the person directs, | ||||||
| 21 | controls, and coordinates his or her professional services. | ||||||
| 22 | "Review committee" means any person or persons conducting, | ||||||
| 23 | reviewing,
administering, or supervising a peer review | ||||||
| 24 | program.
| ||||||
| 25 | "Secretary" means the Secretary of the Department of | ||||||
| 26 | Financial and Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | "University" means the University of Illinois.
| ||||||
| 2 | "Board" means the Board of Examiners established under | ||||||
| 3 | Section 2.
| ||||||
| 4 | "Registration", "registrant", and "registered" refer to | ||||||
| 5 | the authorization to hold oneself out as or use the title | ||||||
| 6 | "Registered Certified Public Accountant" or "Certified Public | ||||||
| 7 | Accountant", unless the context otherwise requires.
| ||||||
| 8 | "Peer Review Administrator" means an organization | ||||||
| 9 | designated by the Department that meets the requirements of | ||||||
| 10 | subsection (f) of Section 16 of this Act and other rules that | ||||||
| 11 | the Department may adopt.
| ||||||
| 12 | (Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)
| ||||||
| 13 | (225 ILCS 450/14.4) | ||||||
| 14 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 15 | Sec. 14.4. Qualifications for licensure as a CPA firm. The | ||||||
| 16 | Department may license as licensed CPA firms individuals or | ||||||
| 17 | entities meeting the following requirements: | ||||||
| 18 | (1) A majority of the ownership of the firm, in terms | ||||||
| 19 | of financial interests and voting rights of all partners, | ||||||
| 20 | officers, shareholders, or members, belongs to persons | ||||||
| 21 | licensed or registered in some state. All partners, | ||||||
| 22 | officers, shareholders, or members, whose principal place | ||||||
| 23 | of business is in this State and who have overall | ||||||
| 24 | responsibility for accountancy activities in this State, | ||||||
| 25 | as defined in paragraph (1) of subsection (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 8.05 of this Act, must hold a valid license as a licensed | ||||||
| 2 | CPA issued by this State. An individual exercising the | ||||||
| 3 | practice privilege afforded under Section 5.2 who performs | ||||||
| 4 | services for which a firm license is required under | ||||||
| 5 | subsection (d) of Section 5.2 shall not be required to | ||||||
| 6 | obtain an individual license under this Act. | ||||||
| 7 | (2) All owners of the CPA firm, whether licensed as a | ||||||
| 8 | licensed CPA or not, shall be active participants in the | ||||||
| 9 | CPA firm or its affiliated entities and shall comply with | ||||||
| 10 | the rules adopted under this Act. | ||||||
| 11 | (3) It shall be lawful for a nonprofit cooperative | ||||||
| 12 | association engaged in rendering an auditing and | ||||||
| 13 | accounting service to its members only to continue to | ||||||
| 14 | render that service provided that the rendering of an | ||||||
| 15 | auditing and accounting service by the cooperative | ||||||
| 16 | association shall at all times be under the control and | ||||||
| 17 | supervision of licensed CPAs. | ||||||
| 18 | (4) An individual who supervises services for which a | ||||||
| 19 | license is required under paragraph (1) of subsection (a) | ||||||
| 20 | of Section 8.05 of this Act, who signs or authorizes | ||||||
| 21 | another to sign any report for which a license is required | ||||||
| 22 | under paragraph (1) of subsection (a) of Section 8.05 of | ||||||
| 23 | this Act, or who supervises services for which a CPA firm | ||||||
| 24 | license is required under subsection (d) of Section 5.2 of | ||||||
| 25 | this Act shall hold a valid, active licensed CPA license | ||||||
| 26 | from this State or another state considered to be | ||||||
| |||||||
| |||||||
| 1 | substantially equivalent under paragraph (1) of subsection | ||||||
| 2 | (a) of Section 5.2. | ||||||
| 3 | (5) The CPA firm shall designate to the Department in | ||||||
| 4 | writing an individual licensed as a licensed CPA under this | ||||||
| 5 | Act or, in the case of a firm that must have a CPA firm | ||||||
| 6 | license pursuant to subsection (b) of Section 13 of this | ||||||
| 7 | Act, a licensee of another state who meets the requirements | ||||||
| 8 | set out in paragraph (1) or (2) of subsection (a) of | ||||||
| 9 | Section 5.2 of this Act, who shall be responsible for the | ||||||
| 10 | proper licensure of the CPA firm.
| ||||||
| 11 | (Source: P.A. 98-254, eff. 8-9-13; 98-730, eff. 1-1-15; revised | ||||||
| 12 | 11-25-14.)
| ||||||
| 13 | Section 310. The Real Estate Appraiser Licensing Act of | ||||||
| 14 | 2002 is amended by changing Section 5-5 as follows:
| ||||||
| 15 | (225 ILCS 458/5-5)
| ||||||
| 16 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 17 | Sec. 5-5. Necessity of license; use of title; exemptions.
| ||||||
| 18 | (a) It
is unlawful for a person to (i) act, offer services, | ||||||
| 19 | or advertise services
as a State certified general real estate
| ||||||
| 20 | appraiser, State certified residential real estate appraiser, | ||||||
| 21 | or associate real estate trainee appraiser, (ii)
develop a real | ||||||
| 22 | estate appraisal,
(iii)
practice as a real estate
appraiser, or | ||||||
| 23 | (iv)
advertise or hold himself or herself out to be a real | ||||||
| 24 | estate
appraiser
without a license issued under this Act. A | ||||||
| |||||||
| |||||||
| 1 | person who
violates this subsection is
guilty of a Class A | ||||||
| 2 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
| 3 | subsequent offense.
| ||||||
| 4 | (a-5) It is unlawful for a person, unless registered as an | ||||||
| 5 | appraisal management company, to solicit clients or enter into | ||||||
| 6 | an appraisal engagement with clients without either a certified | ||||||
| 7 | residential real estate appraiser license or a certified | ||||||
| 8 | general real estate appraiser license issued under this Act. A | ||||||
| 9 | person who violates this subsection is guilty of a Class A | ||||||
| 10 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
| 11 | subsequent offense. | ||||||
| 12 | (b) It
is unlawful for a person, other than a
person who | ||||||
| 13 | holds a valid license issued pursuant to this
Act as a State | ||||||
| 14 | certified general real estate appraiser, a
State
certified
| ||||||
| 15 | residential real estate appraiser,
or an associate real estate | ||||||
| 16 | trainee appraiser to use these titles or any other title, | ||||||
| 17 | designation, or
abbreviation likely to create the
impression | ||||||
| 18 | that the person is licensed as a real estate appraiser pursuant | ||||||
| 19 | to
this Act. A person who
violates this subsection is guilty of | ||||||
| 20 | a Class A misdemeanor for a first offense and a Class 4 felony | ||||||
| 21 | for any subsequent offense.
| ||||||
| 22 | (c)
This Act does not apply to a person who holds a valid | ||||||
| 23 | license as a real estate broker or managing broker pursuant to | ||||||
| 24 | the Real Estate License Act of 2000 who prepares or provides a | ||||||
| 25 | broker price opinion or comparative market analysis in | ||||||
| 26 | compliance with Section 10-45 of the Real Estate License Act of | ||||||
| |||||||
| |||||||
| 1 | 2000. | ||||||
| 2 | (d) Nothing in this Act shall preclude a State certified | ||||||
| 3 | general real estate appraiser, a State certified residential | ||||||
| 4 | real estate appraiser, or an associate real estate trainee | ||||||
| 5 | appraiser from rendering appraisals for or on behalf of a | ||||||
| 6 | partnership, association, corporation, firm, or group. | ||||||
| 7 | However, no State appraisal license or certification shall be | ||||||
| 8 | issued under this Act to a partnership, association, | ||||||
| 9 | corporation, firm, or group.
| ||||||
| 10 | (e) This Act does not apply to a county assessor, township | ||||||
| 11 | assessor, multi-township assessor, county supervisor of | ||||||
| 12 | assessments, or any deputy or employee of any county assessor, | ||||||
| 13 | township assessor, multi-township assessor, or county | ||||||
| 14 | supervisor of assessments who is performing his or her | ||||||
| 15 | respective duties in accordance with the provisions of the | ||||||
| 16 | Property Tax Code.
| ||||||
| 17 | (e-5) For the purposes of this Act, valuation waivers may | ||||||
| 18 | be prepared by a licensed appraiser notwithstanding any other | ||||||
| 19 | provision of this Act, and the following types of valuations | ||||||
| 20 | are not appraisals and may not be represented to be appraisals, | ||||||
| 21 | and a license is not required under this Act to
perform such | ||||||
| 22 | valuations if the valuations are performed by (1) an employee | ||||||
| 23 | of the Illinois Department of Transportation who has completed | ||||||
| 24 | a minimum of 45 hours of course work in real estate appraisal, | ||||||
| 25 | including the principals of real estate appraisals, appraisal | ||||||
| 26 | of partial acquisitions, easement valuation, reviewing | ||||||
| |||||||
| |||||||
| 1 | appraisals in eminent domain, appraisal for federal aid highway | ||||||
| 2 | programs, and appraisal review for federal aid highway programs | ||||||
| 3 | and has at least 2 years' experience in a field closely related | ||||||
| 4 | to real estate; (2) a county engineer who is a registered | ||||||
| 5 | professional engineer under the Professional Engineering | ||||||
| 6 | Practice Act of 1989; (3) an employee of a municipality who has | ||||||
| 7 | (i) completed a minimum of 45 hours of coursework in real | ||||||
| 8 | estate appraisal, including the principals of real estate | ||||||
| 9 | appraisals, appraisal of partial acquisitions, easement | ||||||
| 10 | valuation, reviewing appraisals in eminent domain, appraisal | ||||||
| 11 | for federal aid highway programs, and appraisal review for | ||||||
| 12 | federal aid highway programs and (ii) has either 2 years' | ||||||
| 13 | experience in a field clearly related to real estate or has | ||||||
| 14 | completed 20 hours of additional coursework that is sufficient | ||||||
| 15 | for a person to complete waiver valuations as approved by the | ||||||
| 16 | Federal Highway Administration; or (4) a municipal engineer who | ||||||
| 17 | has completed coursework that is sufficient for his or her | ||||||
| 18 | waiver valuations to be approved by the Federal Highway | ||||||
| 19 | Administration and who is a registered professional engineer | ||||||
| 20 | under the Professional Engineering Act of 1989, under the | ||||||
| 21 | following circumstances: | ||||||
| 22 | (A) a valuation waiver in an amount not to exceed | ||||||
| 23 | $10,000 prepared pursuant to the federal Uniform | ||||||
| 24 | Relocation Assistance and Real Property Acquisition | ||||||
| 25 | Policies Act of 1970, or prepared pursuant to the federal | ||||||
| 26 | Uniform Relocation Assistance and Real Property | ||||||
| |||||||
| |||||||
| 1 | Acquisition for Federal and Federally-Assisted Programs | ||||||
| 2 | regulations and which is performed by (1) an employee of | ||||||
| 3 | the Illinois Department of Transportation and co-signed, | ||||||
| 4 | with a license number affixed, by another employee of the | ||||||
| 5 | Illinois Department of Transportation who is a registered | ||||||
| 6 | professional engineer under the Professional Engineering | ||||||
| 7 | Practice Act of 1989 or (2) an employee of a municipality | ||||||
| 8 | and co-signed with a license number affixed by a county or | ||||||
| 9 | municipal engineer who is a registered professional | ||||||
| 10 | engineer under the Professional Engineering Practice Act | ||||||
| 11 | of 1989; and | ||||||
| 12 | (B) a valuation waiver in an amount not to exceed | ||||||
| 13 | $10,000 prepared pursuant to the federal Uniform | ||||||
| 14 | Relocation Assistance and Real Property Acquisition | ||||||
| 15 | Policies Act of 1970, or prepared pursuant to the federal | ||||||
| 16 | Uniform Relocation Assistance and Real Property | ||||||
| 17 | Acquisition for Federal and Federally-Assisted Programs | ||||||
| 18 | regulations and which is performed by a county or municipal | ||||||
| 19 | engineer who is employed by a county or municipality and is | ||||||
| 20 | a registered professional engineer under the Professional | ||||||
| 21 | Engineering Practice Act of 1989. In addition to his or her | ||||||
| 22 | signature, the county or municipal engineer shall affix his | ||||||
| 23 | or her license number to the valuation. | ||||||
| 24 | Nothing in this subsection (e-5) shall be construed to | ||||||
| 25 | allow the State of Illinois, a political subdivision thereof, | ||||||
| 26 | or any public body to acquire real estate by eminent domain in | ||||||
| |||||||
| |||||||
| 1 | any manner
other than provided for in the Eminent Domain Act. | ||||||
| 2 | (f) A State real estate appraisal certification or license | ||||||
| 3 | is not required under this Act for any of the following: | ||||||
| 4 | (1) A person, partnership, association, or corporation | ||||||
| 5 | that performs appraisals of property owned by that person, | ||||||
| 6 | partnership, association, or corporation for the sole use | ||||||
| 7 | of that person, partnership, association, or corporation. | ||||||
| 8 | (2) A court-appointed commissioner who conducts an | ||||||
| 9 | appraisal pursuant to a judicially ordered evaluation of | ||||||
| 10 | property. | ||||||
| 11 | However, any person who is certified or licensed under this Act | ||||||
| 12 | and who performs any of the activities set forth in this | ||||||
| 13 | subsection (f) must comply with the provisions of this Act. A | ||||||
| 14 | person who violates this subsection (f) is guilty of a Class A | ||||||
| 15 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
| 16 | subsequent offense. | ||||||
| 17 | (g) This Act does not apply to an employee, officer, | ||||||
| 18 | director, or member of a credit or loan committee of a | ||||||
| 19 | financial institution or any other person engaged by a | ||||||
| 20 | financial institution when performing an evaluation of real | ||||||
| 21 | property for the sole use of the financial institution in a | ||||||
| 22 | transaction for which the financial institution would not be | ||||||
| 23 | required to use the services of a State licensed or State | ||||||
| 24 | certified appraiser pursuant to federal regulations adopted | ||||||
| 25 | under Title XI of the federal Financial Institutions Reform, | ||||||
| 26 | Recovery, and Enforcement Act of 1989, nor does this Act apply | ||||||
| |||||||
| |||||||
| 1 | to the procurement of an automated valuation model. | ||||||
| 2 | "Automated valuation model" means an automated system that | ||||||
| 3 | is used to derive a property value through the use of publicly | ||||||
| 4 | available property records and various analytic methodologies | ||||||
| 5 | such as comparable sales prices, home characteristics, and | ||||||
| 6 | historical home price appreciations.
| ||||||
| 7 | (Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13; | ||||||
| 8 | 98-933, eff. 1-1-15; 98-1109, eff. 1-1-15; revised 10-2-14.)
| ||||||
| 9 | Section 315. The Illinois Oil and Gas Act is amended by | ||||||
| 10 | changing Section 1 as follows:
| ||||||
| 11 | (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| ||||||
| 12 | Sec. 1.
Unless the context otherwise requires, the words | ||||||
| 13 | defined in this
Section have the following meanings as used in | ||||||
| 14 | this Act.
| ||||||
| 15 | "Person" means any natural person, corporation, | ||||||
| 16 | association,
partnership, governmental agency or other legal | ||||||
| 17 | entity, receiver, trustee,
guardian, executor, administrator, | ||||||
| 18 | fiduciary or representative of any kind.
| ||||||
| 19 | "Oil" means natural crude oil or petroleum and other | ||||||
| 20 | hydrocarbons,
regardless of gravity, which are produced at the | ||||||
| 21 | well in liquid form by
ordinary production methods or by the | ||||||
| 22 | use of an oil and gas separator and
which are not the result of | ||||||
| 23 | condensation of gas after it leaves the
underground reservoir.
| ||||||
| 24 | "Gas" means all natural gas, including casinghead gas, and | ||||||
| |||||||
| |||||||
| 1 | all other
natural hydrocarbons not defined above as oil.
| ||||||
| 2 | "Pool" means a natural, underground reservoir containing | ||||||
| 3 | in whole or in
part, a natural accumulation of oil or gas, or | ||||||
| 4 | both. Each productive zone
or stratum of a general structure, | ||||||
| 5 | which is completely separated from any
other zone or stratum in | ||||||
| 6 | the structure, is deemed a separate "pool" as used
herein.
| ||||||
| 7 | "Field" means the same general surface area which is | ||||||
| 8 | underlaid or
appears to be underlaid by one or more pools.
| ||||||
| 9 | "Permit" means the Department's written authorization | ||||||
| 10 | allowing a well
to be drilled, deepened, converted, or operated | ||||||
| 11 | by an owner.
| ||||||
| 12 | "Permittee" means the owner holding or required to hold the
| ||||||
| 13 | permit, and
who is also responsible for paying assessments in | ||||||
| 14 | accordance with Section
19.7 of this Act and, where applicable, | ||||||
| 15 | executing and filing the bond
associated with the well as | ||||||
| 16 | principal and who is responsible for compliance
with all | ||||||
| 17 | statutory and regulatory requirements pertaining to the well.
| ||||||
| 18 | When the right and responsibility for operating a well is | ||||||
| 19 | vested in a
receiver or trustee appointed by a court of | ||||||
| 20 | competent jurisdiction, the
permit shall be issued to the | ||||||
| 21 | receiver or trustee.
| ||||||
| 22 | "Orphan Well" means a well for which: (1) no fee assessment | ||||||
| 23 | under
Section 19.7 of this Act has been paid or no other bond | ||||||
| 24 | coverage has been
provided for 2 consecutive years; (2) no oil | ||||||
| 25 | or gas has been produced from
the well or from the lease or | ||||||
| 26 | unit on which the well is located for 2
consecutive years; and | ||||||
| |||||||
| |||||||
| 1 | (3) no permittee or owner can be identified or
located by the | ||||||
| 2 | Department. Orphaned wells include wells that may have been
| ||||||
| 3 | drilled for purposes other than those for which a permit is | ||||||
| 4 | required under
this Act if the well is a conduit for oil or | ||||||
| 5 | salt water intrusions into
fresh water zones or onto the | ||||||
| 6 | surface which may be caused by oil and gas
operations.
| ||||||
| 7 | "Owner" means the person who has the right to drill into | ||||||
| 8 | and produce
from any pool, and to appropriate the production | ||||||
| 9 | either for the person or for
the person and another, or others, | ||||||
| 10 | or solely for others, excluding the
mineral owner's royalty if
| ||||||
| 11 | the right to drill and produce has been granted under an oil | ||||||
| 12 | and gas lease.
An owner may also be a person granted the right | ||||||
| 13 | to drill and operate an
injection (Class II UIC) well | ||||||
| 14 | independent of the right to drill for and produce
oil or gas. | ||||||
| 15 | When the right to drill, produce, and appropriate production is
| ||||||
| 16 | held by more than one person, then all persons holding these | ||||||
| 17 | rights may
designate the owner by a written operating agreement | ||||||
| 18 | or similar written
agreement. In the absence of such an | ||||||
| 19 | agreement, and subject to the provisions
of Sections 22.2 and | ||||||
| 20 | 23.1 through 23.16 of this Act, the owner shall be the
person | ||||||
| 21 | designated in writing by a majority in interest of the persons | ||||||
| 22 | holding
these rights.
| ||||||
| 23 | "Department" means the Department of Natural Resources.
| ||||||
| 24 | "Director" means the Director of Natural Resources.
| ||||||
| 25 | "Mining Board" means the State Mining Board in the | ||||||
| 26 | Department of Natural
Resources, Office of Mines
and Minerals.
| ||||||
| |||||||
| |||||||
| 1 | "Mineral Owner's Royalty" means the share of oil and gas | ||||||
| 2 | production
reserved in an oil and gas lease free of all costs | ||||||
| 3 | by an owner of the
minerals whether denominated royalty or | ||||||
| 4 | overriding royalty.
| ||||||
| 5 | "Waste" means "physical waste" as that term is generally | ||||||
| 6 | understood in
the oil and gas industry, and further includes:
| ||||||
| 7 | (1) the locating, drilling, and producing of any oil or | ||||||
| 8 | gas well or wells
drilled contrary to the valid order, | ||||||
| 9 | rules and regulations adopted by the
Department under the | ||||||
| 10 | provisions of this Act; .
| ||||||
| 11 | (2) permitting the migration of oil, gas, or water from | ||||||
| 12 | the stratum in
which it is found, into other strata, | ||||||
| 13 | thereby ultimately resulting in the
loss of recoverable | ||||||
| 14 | oil, gas or both;
| ||||||
| 15 | (3) the drowning with water of any stratum or part | ||||||
| 16 | thereof capable of
producing oil or gas, except for | ||||||
| 17 | secondary recovery purposes;
| ||||||
| 18 | (4) the unreasonable damage to underground, fresh or | ||||||
| 19 | mineral water
supply, workable coal seams, or other mineral | ||||||
| 20 | deposits in the operations
for the discovery, development, | ||||||
| 21 | production, or handling of oil and gas;
| ||||||
| 22 | (5) the unnecessary or excessive surface loss or | ||||||
| 23 | destruction of oil or
gas resulting from evaporation, | ||||||
| 24 | seepage, leakage or fire, especially such
loss or | ||||||
| 25 | destruction incident to or resulting from the escape of gas | ||||||
| 26 | into
the open air in excessive or unreasonable amounts, | ||||||
| |||||||
| |||||||
| 1 | provided, however,
it shall not be unlawful for the | ||||||
| 2 | operator
or owner of any well producing both oil and gas to | ||||||
| 3 | burn such gas in flares
when such gas is, under the other | ||||||
| 4 | provisions of this Act, lawfully
produced, and where there | ||||||
| 5 | is no market at the well for such escaping gas;
and where | ||||||
| 6 | the same is used for the extraction of casinghead gas, it | ||||||
| 7 | shall
not be unlawful for the operator of the plant after | ||||||
| 8 | the process of
extraction is completed, to burn such | ||||||
| 9 | residue in flares when there is no
market at such plant for | ||||||
| 10 | such residue gas;
| ||||||
| 11 | (6) permitting unnecessary fire hazards;
| ||||||
| 12 | (7) permitting unnecessary damage to or destruction of | ||||||
| 13 | the surface,
soil, animal, fish or aquatic life or property | ||||||
| 14 | from oil or gas operations.
| ||||||
| 15 | "Drilling Unit" means the surface area allocated by an | ||||||
| 16 | order or
regulation of the Department to the drilling of a | ||||||
| 17 | single well for the
production of oil or gas from an individual | ||||||
| 18 | pool.
| ||||||
| 19 | "Enhanced Recovery Method" means any method used in an | ||||||
| 20 | effort to
recover hydrocarbons from a pool by injection of | ||||||
| 21 | fluids, gases or other
substances to maintain, restore or | ||||||
| 22 | augment natural reservoir energy, or by
introducing immiscible | ||||||
| 23 | or miscible gases, chemicals, other substances or
heat or by | ||||||
| 24 | in-situ combustion, or by any combination thereof.
| ||||||
| 25 | "Well-Site Equipment" means any production-related | ||||||
| 26 | equipment or materials
specific to the well, including motors, | ||||||
| |||||||
| |||||||
| 1 | pumps, pump jacks, tanks, tank
batteries, separators, | ||||||
| 2 | compressors, casing, tubing, and rods.
| ||||||
| 3 | (Source: P.A. 89-243, eff. 8-4-95; 89-445, eff. 2-7-96; revised | ||||||
| 4 | 11-25-14.)
| ||||||
| 5 | Section 320. The Hydraulic Fracturing Regulatory Act is | ||||||
| 6 | amended by changing Sections 1-40, 1-96, 1-100, 1-101, and | ||||||
| 7 | 1-110 as follows:
| ||||||
| 8 | (225 ILCS 732/1-40)
| ||||||
| 9 | Sec. 1-40. Public notice. | ||||||
| 10 | (a) Within 5 calendar days after the Department's receipt | ||||||
| 11 | of the high volume horizontal hydraulic fracturing | ||||||
| 12 | application, the Department shall post notice of its receipt | ||||||
| 13 | and a copy of the permit application on its website. The notice | ||||||
| 14 | shall include the dates of the public comment period and | ||||||
| 15 | directions for interested parties to submit comments.
| ||||||
| 16 | (b) Within 5 calendar days after the Department's receipt | ||||||
| 17 | of the permit application and notice to the applicant that the | ||||||
| 18 | high volume horizontal hydraulic fracturing permit application | ||||||
| 19 | was received, the Department shall provide the Agency, the | ||||||
| 20 | Office of the State Fire Marshal, the Illinois State Water | ||||||
| 21 | Survey, and the Illinois State Geological Survey with notice of | ||||||
| 22 | the application.
| ||||||
| 23 | (c) The applicant shall provide the following public | ||||||
| 24 | notice: | ||||||
| |||||||
| |||||||
| 1 | (1) Applicants shall mail specific public notice by | ||||||
| 2 | U.S. Postal Service certified mail, return receipt | ||||||
| 3 | requested, within 3 calendar days after submittal of the | ||||||
| 4 | high volume horizontal hydraulic fracturing permit | ||||||
| 5 | application to the Department, to all persons identified as | ||||||
| 6 | owners of real property within 1,500 feet of the proposed | ||||||
| 7 | well site, as disclosed by the records in the office of the | ||||||
| 8 | recorder of the county or counties, and to each | ||||||
| 9 | municipality and county in which the well site is proposed | ||||||
| 10 | to be located.
| ||||||
| 11 | (2) Except as otherwise provided in this paragraph (2) | ||||||
| 12 | of subsection (c), applicants shall provide general public | ||||||
| 13 | notice by publication, once each week for 2 consecutive | ||||||
| 14 | weeks, beginning no later than 3 calendar days after | ||||||
| 15 | submittal of the high volume horizontal hydraulic | ||||||
| 16 | fracturing permit application to the Department, in a | ||||||
| 17 | newspaper of general circulation published in each county | ||||||
| 18 | where the well proposed for high volume hydraulic | ||||||
| 19 | fracturing operations is proposed to be located.
| ||||||
| 20 | If a well is proposed for high volume hydraulic | ||||||
| 21 | fracturing operations in a county where there is no daily | ||||||
| 22 | newspaper of general circulation, the applicant shall | ||||||
| 23 | provide general public notice, by publication, once each | ||||||
| 24 | week for 2 consecutive weeks, in a weekly newspaper of | ||||||
| 25 | general circulation in that county beginning as soon as the | ||||||
| 26 | publication schedule of the weekly newspaper permits, but | ||||||
| |||||||
| |||||||
| 1 | in no case later than 10 days after submittal of the high | ||||||
| 2 | volume hydraulic fracturing permit application to the | ||||||
| 3 | Department. | ||||||
| 4 | (3) The specific and general public notices required | ||||||
| 5 | under this subsection shall contain the following | ||||||
| 6 | information:
| ||||||
| 7 | (A) the name and address of the applicant;
| ||||||
| 8 | (B) the date the application for a high volume | ||||||
| 9 | horizontal hydraulic fracturing permit was filed;
| ||||||
| 10 | (C) the dates for the public comment period and a | ||||||
| 11 | statement that anyone may file written comments about | ||||||
| 12 | any portion of the applicant's submitted high volume | ||||||
| 13 | horizontal hydraulic fracturing permit application | ||||||
| 14 | with the Department during the public comment period;
| ||||||
| 15 | (D) the proposed well name, reference number | ||||||
| 16 | assigned by the Department, and the address and legal | ||||||
| 17 | description of the well site and its unit area;
| ||||||
| 18 | (E) a statement that the information filed by the | ||||||
| 19 | applicant in their application for a high volume | ||||||
| 20 | horizontal hydraulic fracturing permit is available | ||||||
| 21 | from the Department through its website;
| ||||||
| 22 | (F) the Department's website and the address and | ||||||
| 23 | telephone number for the Department's Oil and Gas | ||||||
| 24 | Division;
| ||||||
| 25 | (G) a statement that any person having an interest | ||||||
| 26 | that is or may be adversely affected, any government | ||||||
| |||||||
| |||||||
| 1 | agency that is or may be affected, or the county board | ||||||
| 2 | of a county to be affected under a proposed permit, may | ||||||
| 3 | file written objections to a permit application and may | ||||||
| 4 | request a public hearing.
| ||||||
| 5 | (d) After providing the public notice as required under | ||||||
| 6 | paragraph (2) of subsection (c) of this Section, the applicant | ||||||
| 7 | shall supplement its permit application by providing the | ||||||
| 8 | Department with a certification and documentation that the | ||||||
| 9 | applicant fulfilled the public notice requirements of this | ||||||
| 10 | Section. The Department shall not issue a permit until the | ||||||
| 11 | applicant has provided the supplemental material required | ||||||
| 12 | under this subsection.
| ||||||
| 13 | (e) If multiple applications are submitted at the same time | ||||||
| 14 | for wells located on the same well site, the applicant may use | ||||||
| 15 | one public notice for all applications provided the notice is | ||||||
| 16 | clear that it pertains to multiple applications and conforms to | ||||||
| 17 | the requirements of this Section. Notice shall not constitute | ||||||
| 18 | standing for purposes of requesting a public hearing or for | ||||||
| 19 | standing to appeal the decision of the Department in accordance | ||||||
| 20 | with the Administrative Review Law.
| ||||||
| 21 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)
| ||||||
| 22 | (225 ILCS 732/1-96)
| ||||||
| 23 | Sec. 1-96. Seismicity. | ||||||
| 24 | (a) For purposes of this Section, "induced seismicity" | ||||||
| 25 | means an earthquake event that is felt, recorded by the | ||||||
| |||||||
| |||||||
| 1 | national seismic network, and attributable to a Class II | ||||||
| 2 | injection well used for disposal of flowback flow-back and | ||||||
| 3 | produced fluid from hydraulic fracturing operations. | ||||||
| 4 | (b) The Department shall adopt rules, in consultation with | ||||||
| 5 | the Illinois State Geological Survey, establishing a protocol | ||||||
| 6 | for controlling operational activity of Class II injection | ||||||
| 7 | wells in an instance of induced seismicity. | ||||||
| 8 | (c) The rules adopted by the Department under this Section | ||||||
| 9 | shall employ a "traffic light" control system allowing for low | ||||||
| 10 | levels of seismicity while including additional monitoring and | ||||||
| 11 | mitigation requirements when seismic events are of sufficient | ||||||
| 12 | intensity to result in a concern for public health and safety.
| ||||||
| 13 | (d) The additional mitigation requirements referenced in | ||||||
| 14 | subsection (c) of this Section shall provide for either the | ||||||
| 15 | scaling back of injection operations with monitoring for | ||||||
| 16 | establishment of a potentially safe operation level or the | ||||||
| 17 | immediate cessation of injection operations.
| ||||||
| 18 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)
| ||||||
| 19 | (225 ILCS 732/1-100)
| ||||||
| 20 | Sec. 1-100. Criminal offenses; penalties. | ||||||
| 21 | (a) Except as otherwise provided in this Section, it shall | ||||||
| 22 | be a Class A misdemeanor to knowingly violate this Act, its | ||||||
| 23 | rules, or any permit or term or condition thereof, or knowingly | ||||||
| 24 | to submit any false information under this Act or regulations | ||||||
| 25 | adopted thereunder, or under any permit or term or condition | ||||||
| |||||||
| |||||||
| 1 | thereof. A person convicted or sentenced under this subsection | ||||||
| 2 | (a) shall be subject to a fine of not to exceed $10,000 for | ||||||
| 3 | each day of violation. | ||||||
| 4 | (b) It is unlawful for a person knowingly to violate: | ||||||
| 5 | (1) subsection (c) of Section 1-25 of this Act; | ||||||
| 6 | (2) subsection (d) of Section 1-25 of this Act; | ||||||
| 7 | (3) subsection (a) of Section 1-30 of this Act; | ||||||
| 8 | (4) paragraph (9) of subsection (c) of Section 1-75 of | ||||||
| 9 | this Act; or | ||||||
| 10 | (5) subsection (a) of Section 1-87 of this Act. | ||||||
| 11 | A person convicted or sentenced for any knowing violation | ||||||
| 12 | of the requirements or prohibitions listed in this subsection | ||||||
| 13 | (b) commits a Class 4 felony, and in addition to any other | ||||||
| 14 | penalty prescribed by law is subject to a fine not to exceed | ||||||
| 15 | $25,000 for each day of violation. A person who commits a | ||||||
| 16 | second or subsequent knowing violation of the requirements or | ||||||
| 17 | prohibitions listed in this subsection (b) commits a Class 3 | ||||||
| 18 | felony and, in addition to any other penalties provided by law, | ||||||
| 19 | is subject to a fine not to exceed $50,000 for each day of | ||||||
| 20 | violation. | ||||||
| 21 | (c) Any person who knowingly makes a false, fictitious, or | ||||||
| 22 | fraudulent material statement, orally or in writing, to the | ||||||
| 23 | Department or Agency as required by this Act, its rules, or any | ||||||
| 24 | permit, term, or condition of a permit, commits a Class 4 | ||||||
| 25 | felony, and each false, fictitious, or fraudulent statement or | ||||||
| 26 | writing shall be considered a separate violation. In addition | ||||||
| |||||||
| |||||||
| 1 | to any other penalty prescribed by law, a person persons in | ||||||
| 2 | violation of this subsection (c) is subject to a fine of not to | ||||||
| 3 | exceed $25,000 for each day of violation. A person who commits | ||||||
| 4 | a second or subsequent knowing violation of this subsection (c) | ||||||
| 5 | commits a Class 3 felony and, in addition to any other | ||||||
| 6 | penalties provided by law, is subject to a fine not to exceed | ||||||
| 7 | $50,000 for each day of violation. | ||||||
| 8 | (d) Any criminal action provided for under this Section | ||||||
| 9 | shall be brought by the State's Attorney of the county in which | ||||||
| 10 | the violation occurred or by the Attorney General and shall be | ||||||
| 11 | conducted in accordance with the applicable provision of the | ||||||
| 12 | Code of Criminal Procedure of 1963. For criminal conduct in | ||||||
| 13 | this Section, the period for commencing prosecution shall not | ||||||
| 14 | begin to run until the offense is discovered by or reported to | ||||||
| 15 | a State or local agency having authority to investigate | ||||||
| 16 | violations of this Act.
| ||||||
| 17 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
| ||||||
| 18 | (225 ILCS 732/1-101)
| ||||||
| 19 | Sec. 1-101. Violations; civil penalties and injunctions.
| ||||||
| 20 | (a) Except as otherwise provided in this Section, any | ||||||
| 21 | person who violates any provision of this Act or any rule or | ||||||
| 22 | order adopted under this Act or any permit issued under this | ||||||
| 23 | Act shall be liable for a civil penalty not to exceed $50,000 | ||||||
| 24 | for the violation and an additional civil penalty not to exceed | ||||||
| 25 | $10,000 for each day during which the violation continues. | ||||||
| |||||||
| |||||||
| 1 | (b) Any person who violates any requirements or | ||||||
| 2 | prohibitions of provisions listed in this subsection (b) is | ||||||
| 3 | subject to a civil penalty not to exceed $100,000 for the | ||||||
| 4 | violation and an additional civil penalty not to exceed $20,000 | ||||||
| 5 | for each day during which the violation continues. The | ||||||
| 6 | following are violations are subject to the penalties of this | ||||||
| 7 | subsection (b): | ||||||
| 8 | (1) subsection (c) of Section 1-25 of this Act; | ||||||
| 9 | (2) subsection (d) of Section 1-25 of this Act; | ||||||
| 10 | (3) subsection (a) of Section 1-30 of this Act;
| ||||||
| 11 | (4) paragraph (9) of subsection (c) of Section 1-75 of | ||||||
| 12 | this Act; or | ||||||
| 13 | (5) subsection (a) of Section 1-87 of this Act. | ||||||
| 14 | (c) Any person who knowingly makes, submits, causes to be | ||||||
| 15 | made, or causes to be submitted a false report of pollution, | ||||||
| 16 | diminution, or water pollution attributable to high volume | ||||||
| 17 | horizontal hydraulic fracturing operations that results in an | ||||||
| 18 | investigation by the Department or Agency under this Act shall | ||||||
| 19 | be liable for a civil penalty not to exceed $1,000 for the | ||||||
| 20 | violation. | ||||||
| 21 | (d) The penalty shall be recovered by a civil action before | ||||||
| 22 | the circuit court of the county in which the well site is | ||||||
| 23 | located or in the circuit court of Sangamon County. Venue shall | ||||||
| 24 | be considered proper in either court. These penalties may, upon | ||||||
| 25 | the order of a court of competent jurisdiction, be made payable | ||||||
| 26 | to the Environmental Protection Trust Fund, to be used in | ||||||
| |||||||
| |||||||
| 1 | accordance with the provisions of the Environmental Protection | ||||||
| 2 | Trust Fund Act.
| ||||||
| 3 | (e) The State's Attorney of the county in which the | ||||||
| 4 | violation occurred, or the Attorney General, may, at the | ||||||
| 5 | request of the Department or on his or her own motion, | ||||||
| 6 | institute a civil action for the recovery of costs, an | ||||||
| 7 | injunction, prohibitory or mandatory, to restrain violations | ||||||
| 8 | of this Act, any rule adopted under this Act, the permit or | ||||||
| 9 | term or condition of the permit, or to require other actions as | ||||||
| 10 | may be necessary to address violations of this Act, any rule | ||||||
| 11 | adopted under this Act, or the permit or term or condition of | ||||||
| 12 | the permit. | ||||||
| 13 | (f) The State's Attorney of the county in which the | ||||||
| 14 | violation occurred, or the Attorney General, shall bring | ||||||
| 15 | actions under this Section in the name of the People of the | ||||||
| 16 | State of Illinois. Without limiting any other authority that | ||||||
| 17 | may exist for the awarding of attorney's fees and costs, a | ||||||
| 18 | court of competent jurisdiction may award costs and reasonable | ||||||
| 19 | attorney's fees, including the reasonable costs of expert | ||||||
| 20 | witnesses and consultants, to the State's Attorney or the | ||||||
| 21 | Attorney General in a case where he or she has prevailed | ||||||
| 22 | against a person who has committed a knowing or repeated | ||||||
| 23 | violation of this Act, any rule adopted under this Act, or the | ||||||
| 24 | permit or term or condition of the permit. | ||||||
| 25 | (g) All final orders imposing civil penalties under this | ||||||
| 26 | Section shall prescribe the time for payment of those | ||||||
| |||||||
| |||||||
| 1 | penalties. If any penalty is not paid within the time | ||||||
| 2 | prescribed, interest on the penalty at the rate set forth in | ||||||
| 3 | subsection (a) of Section 1003 of the Illinois Income Tax Act, | ||||||
| 4 | shall be paid for the period from the date payment is due until | ||||||
| 5 | the date payment is received. However, if the time for payment | ||||||
| 6 | is stayed during the pendency of an appeal, interest shall not | ||||||
| 7 | accrue during the stay.
| ||||||
| 8 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
| ||||||
| 9 | (225 ILCS 732/1-110)
| ||||||
| 10 | Sec. 1-110. Public information; website. | ||||||
| 11 | (a) All information submitted to the Department under this | ||||||
| 12 | Act is deemed public information, except information deemed to | ||||||
| 13 | constitute a trade secret under Section 1-77 of this Act and | ||||||
| 14 | private information and personal information as defined in the | ||||||
| 15 | Freedom of Information Act. | ||||||
| 16 | (b) To provide the public and concerned citizens with a | ||||||
| 17 | centralized repository of information, the Department shall | ||||||
| 18 | create and maintain a comprehensive website dedicated to | ||||||
| 19 | providing information concerning high volume horizontal | ||||||
| 20 | hydraulic fracturing operations. The website shall contain, | ||||||
| 21 | assemble, and link the documents and information required by | ||||||
| 22 | this Act to be posted on the Department's or other agencies' | ||||||
| 23 | websites. The Department shall also create and maintain an | ||||||
| 24 | online searchable database that provides information related | ||||||
| 25 | to high volume horizontal hydraulic fracturing operations on | ||||||
| |||||||
| |||||||
| 1 | wells that, at a minimum, includes include, for each well it | ||||||
| 2 | permits, the identity of its operators, its waste disposal, its | ||||||
| 3 | chemical disclosure information, and any complaints or | ||||||
| 4 | violations under this Act. The website created under this | ||||||
| 5 | Section shall allow users to search for completion reports by | ||||||
| 6 | well name and location, dates of fracturing and drilling | ||||||
| 7 | operations, operator, and by chemical additives.
| ||||||
| 8 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)
| ||||||
| 9 | Section 325. The Illinois Horse Racing Act of 1975 is | ||||||
| 10 | amended by changing Section 12.2 as follows:
| ||||||
| 11 | (230 ILCS 5/12.2) | ||||||
| 12 | Sec. 12.2. Business enterprise program. | ||||||
| 13 | (a) For the purposes of this Section, the terms "minority", | ||||||
| 14 | "minority owned business", "female", "female owned business", | ||||||
| 15 | "person with a disability", and "business owned by a person | ||||||
| 16 | with a disability" have the meanings meaning ascribed to them | ||||||
| 17 | in the Business Enterprise for Minorities, Females, and Persons | ||||||
| 18 | with Disabilities Act. | ||||||
| 19 | (b) The Board shall, by rule, establish goals for the award | ||||||
| 20 | of contracts by each organization licensee or inter-track | ||||||
| 21 | wagering licensee to businesses owned by minorities, females, | ||||||
| 22 | and persons with disabilities, expressed as percentages of an | ||||||
| 23 | organization licensee's or inter-track wagering licensee's | ||||||
| 24 | total dollar amount of contracts awarded during each calendar | ||||||
| |||||||
| |||||||
| 1 | year. Each organization licensee or inter-track wagering | ||||||
| 2 | licensee must make every effort to meet the goals established | ||||||
| 3 | by the Board pursuant to this Section. When setting the goals | ||||||
| 4 | for the award of contracts, the Board shall not include | ||||||
| 5 | contracts where: (1) licensees are purchasing goods or services | ||||||
| 6 | from vendors or suppliers or in markets where there are no or a | ||||||
| 7 | limited number of minority owned businesses, women owned | ||||||
| 8 | businesses, or businesses owned by persons with disabilities | ||||||
| 9 | that would be sufficient to satisfy the goal; (2) there are no | ||||||
| 10 | or a limited number of suppliers licensed by the Board; (3) the | ||||||
| 11 | licensee or its parent company owns a company that provides the | ||||||
| 12 | goods or services; or (4) the goods or services are provided to | ||||||
| 13 | the licensee by a publicly traded company. | ||||||
| 14 | (c) Each organization licensee or inter-track wagering | ||||||
| 15 | licensee shall file with the Board an annual report of its | ||||||
| 16 | utilization of minority owned businesses, female owned | ||||||
| 17 | businesses, and businesses owned by persons with disabilities | ||||||
| 18 | during the preceding calendar year. The reports shall include a | ||||||
| 19 | self-evaluation of the efforts of the organization licensee or | ||||||
| 20 | inter-track wagering licensee to meet its goals under this | ||||||
| 21 | Section. | ||||||
| 22 | (d) The organization licensee or inter-track wagering
| ||||||
| 23 | licensee shall have the right to request a waiver from the | ||||||
| 24 | requirements of this Section. The Board shall grant the waiver | ||||||
| 25 | where the organization licensee or inter-track wagering
| ||||||
| 26 | licensee demonstrates that there has been made a good faith | ||||||
| |||||||
| |||||||
| 1 | effort to comply with the goals for participation by minority | ||||||
| 2 | owned businesses, female
owned businesses, and businesses | ||||||
| 3 | owned by persons with
disabilities. | ||||||
| 4 | (e) If the Board determines that its goals and policies are | ||||||
| 5 | not being met by any organization licensee or inter-track | ||||||
| 6 | wagering licensee, then the Board may: | ||||||
| 7 | (1) adopt remedies for such violations; and | ||||||
| 8 | (2) recommend that the organization licensee or | ||||||
| 9 | inter-track wagering licensee provide additional | ||||||
| 10 | opportunities for participation by minority owned | ||||||
| 11 | businesses, female owned businesses, and businesses owned | ||||||
| 12 | by persons with disabilities; such recommendations may | ||||||
| 13 | include, but shall not be limited to: | ||||||
| 14 | (A) assurances of stronger and better focused
| ||||||
| 15 | solicitation efforts to obtain more minority owned | ||||||
| 16 | businesses, female owned businesses, and businesses | ||||||
| 17 | owned by persons with disabilities as potential | ||||||
| 18 | sources of supply; | ||||||
| 19 | (B) division of job or project requirements, when
| ||||||
| 20 | economically feasible, into tasks or quantities to | ||||||
| 21 | permit participation of minority owned businesses, | ||||||
| 22 | female owned businesses, and businesses owned by | ||||||
| 23 | persons with disabilities; | ||||||
| 24 | (C) elimination of extended experience or
| ||||||
| 25 | capitalization requirements, when programmatically | ||||||
| 26 | feasible, to permit participation of minority owned | ||||||
| |||||||
| |||||||
| 1 | businesses, female owned businesses, and businesses | ||||||
| 2 | owned by persons with disabilities; | ||||||
| 3 | (D) identification of specific proposed contracts | ||||||
| 4 | as
particularly attractive or appropriate for | ||||||
| 5 | participation by minority owned businesses, female | ||||||
| 6 | owned businesses, and businesses owned by persons with | ||||||
| 7 | disabilities, such identification to result from and | ||||||
| 8 | be coupled with the efforts of items (A) through (C);
| ||||||
| 9 | and | ||||||
| 10 | (E) implementation of regulations established
for | ||||||
| 11 | the use of the sheltered market process. | ||||||
| 12 | (f) The Board shall file, no later than March 1 of each | ||||||
| 13 | year, an annual report that shall detail the level of | ||||||
| 14 | achievement toward the goals specified in this Section over the | ||||||
| 15 | 3 most recent fiscal years. The annual report shall include, | ||||||
| 16 | but need not be limited to: | ||||||
| 17 | (1) a summary detailing expenditures subject
to the | ||||||
| 18 | goals, the actual goals specified, and the goals attained | ||||||
| 19 | by each organization licensee or inter-track wagering | ||||||
| 20 | licensee; | ||||||
| 21 | (2) a summary of the number of contracts awarded and
| ||||||
| 22 | the average contract amount by each organization licensee | ||||||
| 23 | or inter-track wagering licensee; | ||||||
| 24 | (3) an analysis of the level of overall goal
| ||||||
| 25 | achievement concerning purchases from minority owned | ||||||
| 26 | businesses, female owned businesses, and businesses owned | ||||||
| |||||||
| |||||||
| 1 | by persons with disabilities; | ||||||
| 2 | (4) an analysis of the number of minority owned | ||||||
| 3 | businesses, female owned businesses, and businesses owned | ||||||
| 4 | by persons with disabilities that are certified under the | ||||||
| 5 | program as well as the number of those businesses that | ||||||
| 6 | received State procurement contracts; and | ||||||
| 7 | (5) a summary of the number of contracts awarded to
| ||||||
| 8 | businesses with annual gross sales of less than $1,000,000; | ||||||
| 9 | of $1,000,000 or more, but less than $5,000,000; of | ||||||
| 10 | $5,000,000 or more, but less than $10,000,000; and of | ||||||
| 11 | $10,000,000 or more.
| ||||||
| 12 | (Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)
| ||||||
| 13 | Section 330. The Riverboat Gambling Act is amended by | ||||||
| 14 | changing Section 7.6 as follows:
| ||||||
| 15 | (230 ILCS 10/7.6) | ||||||
| 16 | Sec. 7.6. Business enterprise program. | ||||||
| 17 | (a) For the purposes of this Section, the terms "minority", | ||||||
| 18 | "minority owned business", "female", "female owned business", | ||||||
| 19 | "person with a disability", and "business owned by a person | ||||||
| 20 | with a disability" have the meanings meaning ascribed to them | ||||||
| 21 | in the Business Enterprise for Minorities, Females, and Persons | ||||||
| 22 | with Disabilities Act. | ||||||
| 23 | (b) The Board shall, by rule, establish goals for the award | ||||||
| 24 | of contracts by each owners licensee to businesses owned by | ||||||
| |||||||
| |||||||
| 1 | minorities, females, and persons with disabilities, expressed | ||||||
| 2 | as percentages of an owners licensee's total dollar amount of | ||||||
| 3 | contracts awarded during each calendar year. Each owners | ||||||
| 4 | licensee must make every effort to meet the goals established | ||||||
| 5 | by the Board pursuant to this Section. When setting the goals | ||||||
| 6 | for the award of contracts, the Board shall not include | ||||||
| 7 | contracts where: (1) any purchasing mandates would be dependent | ||||||
| 8 | upon the availability of minority owned businesses, female | ||||||
| 9 | owned businesses, and businesses owned by persons with | ||||||
| 10 | disabilities ready, willing, and able with capacity to provide | ||||||
| 11 | quality goods and services to a gaming operation at reasonable | ||||||
| 12 | prices; (2) there are no or a limited number of licensed | ||||||
| 13 | suppliers as defined by this Act for the goods or services | ||||||
| 14 | provided to the licensee; (3) the licensee or its parent | ||||||
| 15 | company owns a company that provides the goods or services; or | ||||||
| 16 | (4) the goods or services are provided to the licensee by a | ||||||
| 17 | publicly traded company. | ||||||
| 18 | (c) Each owners licensee shall file with the Board an | ||||||
| 19 | annual report of its utilization of minority owned businesses, | ||||||
| 20 | female owned businesses, and businesses owned by persons with | ||||||
| 21 | disabilities during the preceding calendar year. The reports | ||||||
| 22 | shall include a self-evaluation of the efforts of the owners | ||||||
| 23 | licensee to meet its goals under this Section. | ||||||
| 24 | (d) The owners licensee shall have the right to request a | ||||||
| 25 | waiver from the requirements of this Section. The Board shall | ||||||
| 26 | grant the waiver where the owners licensee demonstrates that | ||||||
| |||||||
| |||||||
| 1 | there has been made a good faith effort to comply with the | ||||||
| 2 | goals for participation by minority owned businesses, female
| ||||||
| 3 | owned businesses, and businesses owned by persons with
| ||||||
| 4 | disabilities. | ||||||
| 5 | (e) If the Board determines that its goals and policies are | ||||||
| 6 | not being met by any owners licensee, then the Board may: | ||||||
| 7 | (1) adopt remedies for such violations; and | ||||||
| 8 | (2) recommend that the owners licensee provide | ||||||
| 9 | additional opportunities for participation by minority | ||||||
| 10 | owned businesses, female owned businesses, and businesses | ||||||
| 11 | owned by persons with disabilities; such recommendations | ||||||
| 12 | may include, but shall not be limited to: | ||||||
| 13 | (A) assurances of stronger and better focused
| ||||||
| 14 | solicitation efforts to obtain more minority owned | ||||||
| 15 | businesses, female owned businesses, and businesses | ||||||
| 16 | owned by persons with disabilities as potential | ||||||
| 17 | sources of supply; | ||||||
| 18 | (B) division of job or project requirements, when
| ||||||
| 19 | economically feasible, into tasks or quantities to | ||||||
| 20 | permit participation of minority owned businesses, | ||||||
| 21 | female owned businesses, and businesses owned by | ||||||
| 22 | persons with disabilities; | ||||||
| 23 | (C) elimination of extended experience or
| ||||||
| 24 | capitalization requirements, when programmatically | ||||||
| 25 | feasible, to permit participation of minority owned | ||||||
| 26 | businesses, female owned businesses, and businesses | ||||||
| |||||||
| |||||||
| 1 | owned by persons with disabilities; | ||||||
| 2 | (D) identification of specific proposed contracts | ||||||
| 3 | as
particularly attractive or appropriate for | ||||||
| 4 | participation by minority owned businesses, female | ||||||
| 5 | owned businesses, and businesses owned by persons with | ||||||
| 6 | disabilities, such identification to result from and | ||||||
| 7 | be coupled with the efforts of items (A) through (C);
| ||||||
| 8 | and | ||||||
| 9 | (E) implementation of regulations established
for | ||||||
| 10 | the use of the sheltered market process. | ||||||
| 11 | (f) The Board shall file, no later than March 1 of each | ||||||
| 12 | year, an annual report that shall detail the level of | ||||||
| 13 | achievement toward the goals specified in this Section over the | ||||||
| 14 | 3 most recent fiscal years. The annual report shall include, | ||||||
| 15 | but need not be limited to: | ||||||
| 16 | (1) a summary detailing expenditures subject
to the | ||||||
| 17 | goals, the actual goals specified, and the goals attained | ||||||
| 18 | by each owners licensee; and | ||||||
| 19 | (2) an analysis of the level of overall goal
| ||||||
| 20 | achievement concerning purchases from minority owned | ||||||
| 21 | businesses, female owned businesses, and businesses owned | ||||||
| 22 | by persons with disabilities.
| ||||||
| 23 | (Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)
| ||||||
| 24 | Section 335. The Liquor Control Act of 1934 is amended by | ||||||
| 25 | changing Sections 3-12, 6-15, and 6-36 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (235 ILCS 5/3-12)
| ||||||
| 2 | (Text of Section before amendment by P.A. 98-939) | ||||||
| 3 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
| 4 | (a) The State commission shall have the following powers, | ||||||
| 5 | functions, and
duties:
| ||||||
| 6 | (1) To receive applications and to issue licenses to | ||||||
| 7 | manufacturers,
foreign importers, importing distributors, | ||||||
| 8 | distributors, non-resident dealers,
on premise consumption | ||||||
| 9 | retailers, off premise sale retailers, special event
| ||||||
| 10 | retailer licensees, special use permit licenses, auction | ||||||
| 11 | liquor licenses, brew
pubs, caterer retailers, | ||||||
| 12 | non-beverage users, railroads, including owners and
| ||||||
| 13 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
| 14 | boats, brokers, and wine
maker's premises licensees in | ||||||
| 15 | accordance with the provisions of this Act, and
to suspend | ||||||
| 16 | or revoke such licenses upon the State commission's | ||||||
| 17 | determination,
upon notice after hearing, that a licensee | ||||||
| 18 | has violated any provision of this
Act or any rule or | ||||||
| 19 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 20 | days
prior to such violation. Except in the case of an | ||||||
| 21 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
| 22 | or 6-9, any action by the State Commission to
suspend or | ||||||
| 23 | revoke a licensee's license may be limited to the license | ||||||
| 24 | for the
specific premises where the violation occurred.
| ||||||
| 25 | In lieu of suspending or revoking a license, the | ||||||
| |||||||
| |||||||
| 1 | commission may impose
a fine, upon the State commission's | ||||||
| 2 | determination and notice after hearing,
that a licensee has | ||||||
| 3 | violated any provision of this Act or any rule or
| ||||||
| 4 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 5 | days prior to such
violation. | ||||||
| 6 | For the purpose of this paragraph (1), when determining | ||||||
| 7 | multiple violations for the sale of alcohol to a person | ||||||
| 8 | under the age of 21, a second or subsequent violation for | ||||||
| 9 | the sale of alcohol to a person under the age of 21 shall | ||||||
| 10 | only be considered if it was committed within 5 years after | ||||||
| 11 | the date when a prior violation for the sale of alcohol to | ||||||
| 12 | a person under the age of 21 was committed. | ||||||
| 13 | The fine imposed under this paragraph may not exceed | ||||||
| 14 | $500 for each
violation. Each day that the activity, which | ||||||
| 15 | gave rise to the original fine,
continues is a separate | ||||||
| 16 | violation. The maximum fine that may be levied against
any | ||||||
| 17 | licensee, for the period of the license, shall not exceed | ||||||
| 18 | $20,000.
The maximum penalty that may be imposed on a | ||||||
| 19 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
| 20 | foreign object in it or serving from a bottle of
alcoholic | ||||||
| 21 | liquor with a foreign object in it shall be the destruction | ||||||
| 22 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
| 23 | so sold or served from by
the licensee. For the eleventh | ||||||
| 24 | bottle of alcoholic liquor and for each third
bottle | ||||||
| 25 | thereafter sold or served from by the licensee with a | ||||||
| 26 | foreign object in
it, the maximum penalty that may be | ||||||
| |||||||
| |||||||
| 1 | imposed on the licensee is the destruction
of the bottle of | ||||||
| 2 | alcoholic liquor and a fine of up to $50.
| ||||||
| 3 | (2) To adopt such rules and regulations consistent with | ||||||
| 4 | the
provisions of this Act which shall be necessary to | ||||||
| 5 | carry on its
functions and duties to the end that the | ||||||
| 6 | health, safety and welfare of
the People of the State of | ||||||
| 7 | Illinois shall be protected and temperance in
the | ||||||
| 8 | consumption of alcoholic liquors shall be fostered and | ||||||
| 9 | promoted and
to distribute copies of such rules and | ||||||
| 10 | regulations to all licensees
affected thereby.
| ||||||
| 11 | (3) To call upon other administrative departments of | ||||||
| 12 | the State,
county and municipal governments, county and | ||||||
| 13 | city police departments and
upon prosecuting officers for | ||||||
| 14 | such information and assistance as it
deems necessary in | ||||||
| 15 | the performance of its duties.
| ||||||
| 16 | (4) To recommend to local commissioners rules and | ||||||
| 17 | regulations, not
inconsistent with the law, for the | ||||||
| 18 | distribution and sale of alcoholic
liquors throughout the | ||||||
| 19 | State.
| ||||||
| 20 | (5) To inspect, or cause to be inspected, any
premises | ||||||
| 21 | in this State
where alcoholic liquors are manufactured, | ||||||
| 22 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
| 23 | authorizes an agent of the Commission to inspect private
| ||||||
| 24 | areas within the premises without reasonable suspicion or a | ||||||
| 25 | warrant
during an inspection. "Private areas" include, but | ||||||
| 26 | are not limited to, safes, personal property, and closed | ||||||
| |||||||
| |||||||
| 1 | desks.
| ||||||
| 2 | (5.1) Upon receipt of a complaint or upon having | ||||||
| 3 | knowledge that any person
is engaged in business as a | ||||||
| 4 | manufacturer, importing distributor, distributor,
or | ||||||
| 5 | retailer without a license or valid license, to notify the | ||||||
| 6 | local liquor
authority, file a complaint with the State's | ||||||
| 7 | Attorney's Office of the county
where the incident | ||||||
| 8 | occurred, or initiate an investigation with the | ||||||
| 9 | appropriate
law enforcement officials.
| ||||||
| 10 | (5.2) To issue a cease and desist notice to persons | ||||||
| 11 | shipping alcoholic
liquor
into this State from a point | ||||||
| 12 | outside of this State if the shipment is in
violation of | ||||||
| 13 | this Act.
| ||||||
| 14 | (5.3) To receive complaints from licensees, local | ||||||
| 15 | officials, law
enforcement agencies, organizations, and | ||||||
| 16 | persons stating that any licensee has
been or is violating | ||||||
| 17 | any provision of this Act or the rules and regulations
| ||||||
| 18 | issued pursuant to this Act. Such complaints shall be in | ||||||
| 19 | writing, signed and
sworn to by the person making the | ||||||
| 20 | complaint, and shall state with specificity
the facts in | ||||||
| 21 | relation to the alleged violation. If the Commission has
| ||||||
| 22 | reasonable grounds to believe that the complaint | ||||||
| 23 | substantially alleges a
violation of this Act or rules and | ||||||
| 24 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
| 25 | an investigation. If, after conducting an investigation, | ||||||
| 26 | the
Commission is satisfied that the alleged violation did | ||||||
| |||||||
| |||||||
| 1 | occur, it shall proceed
with disciplinary action against | ||||||
| 2 | the licensee as provided in this Act.
| ||||||
| 3 | (6) To hear and determine appeals from orders of a | ||||||
| 4 | local commission
in accordance with the provisions of this | ||||||
| 5 | Act, as hereinafter set forth.
Hearings under this | ||||||
| 6 | subsection shall be held in Springfield or Chicago,
at | ||||||
| 7 | whichever location is the more convenient for the majority | ||||||
| 8 | of persons
who are parties to the hearing.
| ||||||
| 9 | (7) The commission shall establish uniform systems of | ||||||
| 10 | accounts to be
kept by all retail licensees having more | ||||||
| 11 | than 4 employees, and for this
purpose the commission may | ||||||
| 12 | classify all retail licensees having more
than 4 employees | ||||||
| 13 | and establish a uniform system of accounts for each
class | ||||||
| 14 | and prescribe the manner in which such accounts shall be | ||||||
| 15 | kept.
The commission may also prescribe the forms of | ||||||
| 16 | accounts to be kept by
all retail licensees having more | ||||||
| 17 | than 4 employees, including but not
limited to accounts of | ||||||
| 18 | earnings and expenses and any distribution,
payment, or | ||||||
| 19 | other distribution of earnings or assets, and any other
| ||||||
| 20 | forms, records and memoranda which in the judgment of the | ||||||
| 21 | commission may
be necessary or appropriate to carry out any | ||||||
| 22 | of the provisions of this
Act, including but not limited to | ||||||
| 23 | such forms, records and memoranda as
will readily and | ||||||
| 24 | accurately disclose at all times the beneficial
ownership | ||||||
| 25 | of such retail licensed business. The accounts, forms,
| ||||||
| 26 | records and memoranda shall be available at all reasonable | ||||||
| |||||||
| |||||||
| 1 | times for
inspection by authorized representatives of the | ||||||
| 2 | State commission or by
any local liquor control | ||||||
| 3 | commissioner or his or her authorized representative.
The | ||||||
| 4 | commission, may, from time to time, alter, amend or repeal, | ||||||
| 5 | in whole
or in part, any uniform system of accounts, or the | ||||||
| 6 | form and manner of
keeping accounts.
| ||||||
| 7 | (8) In the conduct of any hearing authorized to be held | ||||||
| 8 | by the
commission, to appoint, at the commission's | ||||||
| 9 | discretion, hearing officers
to conduct hearings involving | ||||||
| 10 | complex issues or issues that will require a
protracted | ||||||
| 11 | period of time to resolve, to examine, or cause to be | ||||||
| 12 | examined,
under oath, any licensee, and to examine or cause | ||||||
| 13 | to be examined the books and
records
of such licensee; to | ||||||
| 14 | hear testimony and take proof material for its
information | ||||||
| 15 | in the discharge of its duties hereunder; to administer or
| ||||||
| 16 | cause to be administered oaths; for any such purpose to | ||||||
| 17 | issue
subpoena or subpoenas to require the attendance of | ||||||
| 18 | witnesses and the
production of books, which shall be | ||||||
| 19 | effective in any part of this State, and
to adopt rules to | ||||||
| 20 | implement its powers under this paragraph (8).
| ||||||
| 21 | Any Circuit Court may by order duly entered,
require | ||||||
| 22 | the attendance of witnesses and the production of relevant | ||||||
| 23 | books
subpoenaed by the State commission and the court may | ||||||
| 24 | compel
obedience to its order by proceedings for contempt.
| ||||||
| 25 | (9) To investigate the administration of laws in | ||||||
| 26 | relation to
alcoholic liquors in this and other states and | ||||||
| |||||||
| |||||||
| 1 | any foreign countries,
and to recommend from time to time | ||||||
| 2 | to the Governor and through him or
her to the legislature | ||||||
| 3 | of this State, such amendments to this Act, if any, as
it | ||||||
| 4 | may think desirable and as will serve to further the | ||||||
| 5 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
| 6 | (10) To adopt such rules and regulations consistent | ||||||
| 7 | with the
provisions of this Act which shall be necessary | ||||||
| 8 | for the control, sale or
disposition of alcoholic liquor | ||||||
| 9 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
| 10 | other similar occurrence.
| ||||||
| 11 | (11) To develop industry educational programs related | ||||||
| 12 | to responsible
serving and selling, particularly in the | ||||||
| 13 | areas of overserving consumers and
illegal underage | ||||||
| 14 | purchasing and consumption of alcoholic beverages.
| ||||||
| 15 | (11.1) To license persons providing education and | ||||||
| 16 | training to alcohol
beverage sellers and servers under the
| ||||||
| 17 | Beverage Alcohol Sellers and Servers
Education and | ||||||
| 18 | Training (BASSET) programs and to develop and administer a | ||||||
| 19 | public
awareness program in Illinois to reduce or eliminate | ||||||
| 20 | the illegal purchase and
consumption of alcoholic beverage | ||||||
| 21 | products by persons under the age of 21.
Application for a | ||||||
| 22 | license shall be made on forms provided by the State
| ||||||
| 23 | Commission.
| ||||||
| 24 | (12) To develop and maintain a repository of license | ||||||
| 25 | and regulatory
information.
| ||||||
| 26 | (13) On or before January 15, 1994, the Commission | ||||||
| |||||||
| |||||||
| 1 | shall issue
a written report to the Governor and General | ||||||
| 2 | Assembly that is to be based on a
comprehensive study of | ||||||
| 3 | the impact on and implications for the State of Illinois
of | ||||||
| 4 | Section 1926 of the Federal ADAMHA Reorganization Act of | ||||||
| 5 | 1992 (Public Law
102-321). This study shall address the | ||||||
| 6 | extent to which Illinois currently
complies with the | ||||||
| 7 | provisions of P.L. 102-321 and the rules promulgated | ||||||
| 8 | pursuant
thereto.
| ||||||
| 9 | As part of its report, the Commission shall provide the | ||||||
| 10 | following essential
information:
| ||||||
| 11 | (i) the number of retail distributors of tobacco | ||||||
| 12 | products, by type and
geographic area, in the State;
| ||||||
| 13 | (ii) the number of reported citations and | ||||||
| 14 | successful convictions,
categorized by type and | ||||||
| 15 | location of retail distributor, for violation of the
| ||||||
| 16 | Prevention of Tobacco Use by Minors and Sale and | ||||||
| 17 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
| 18 | Tobacco Limitation Act;
| ||||||
| 19 | (iii) the extent and nature of organized | ||||||
| 20 | educational and governmental
activities that are | ||||||
| 21 | intended to promote, encourage or otherwise secure
| ||||||
| 22 | compliance with any Illinois laws that prohibit the | ||||||
| 23 | sale or distribution of
tobacco products to minors; and
| ||||||
| 24 | (iv) the level of access and availability of | ||||||
| 25 | tobacco products to
individuals under the age of 18.
| ||||||
| 26 | To obtain the data necessary to comply with the | ||||||
| |||||||
| |||||||
| 1 | provisions of P.L. 102-321
and the requirements of this | ||||||
| 2 | report, the Commission shall conduct random,
unannounced | ||||||
| 3 | inspections of a geographically and scientifically | ||||||
| 4 | representative
sample of the State's retail tobacco | ||||||
| 5 | distributors.
| ||||||
| 6 | The Commission shall consult with the Department of | ||||||
| 7 | Public Health, the
Department of Human Services, the
| ||||||
| 8 | Illinois State Police and any
other executive branch | ||||||
| 9 | agency, and private organizations that may have
| ||||||
| 10 | information relevant to this report.
| ||||||
| 11 | The Commission may contract with the Food and Drug | ||||||
| 12 | Administration of the
U.S. Department of Health and Human | ||||||
| 13 | Services to conduct unannounced
investigations of Illinois | ||||||
| 14 | tobacco vendors to determine compliance with federal
laws | ||||||
| 15 | relating to the illegal sale of cigarettes and smokeless | ||||||
| 16 | tobacco products
to persons under the age of 18.
| ||||||
| 17 | (14) On or before April 30, 2008 and every 2 years
| ||||||
| 18 | thereafter, the Commission shall present a written
report | ||||||
| 19 | to the Governor and the General Assembly that shall
be | ||||||
| 20 | based on a study of the impact of this amendatory Act of
| ||||||
| 21 | the 95th General Assembly on the business of soliciting,
| ||||||
| 22 | selling, and shipping wine from inside and outside of this
| ||||||
| 23 | State directly to residents of this State. As part of its
| ||||||
| 24 | report, the Commission shall provide all of the
following | ||||||
| 25 | information: | ||||||
| 26 | (A) The amount of State excise and sales tax
| ||||||
| |||||||
| |||||||
| 1 | revenues generated. | ||||||
| 2 | (B) The amount of licensing fees received. | ||||||
| 3 | (C) The number of cases of wine shipped from inside
| ||||||
| 4 | and outside of this State directly to residents of this
| ||||||
| 5 | State. | ||||||
| 6 | (D) The number of alcohol compliance operations
| ||||||
| 7 | conducted. | ||||||
| 8 | (E) The number of winery shipper's licenses
| ||||||
| 9 | issued. | ||||||
| 10 | (F) The number of each of the following: reported
| ||||||
| 11 | violations; cease and desist notices issued by the
| ||||||
| 12 | Commission; notices of violations issued by
the | ||||||
| 13 | Commission and to the Department of Revenue;
and | ||||||
| 14 | notices and complaints of violations to law
| ||||||
| 15 | enforcement officials, including, without limitation,
| ||||||
| 16 | the Illinois Attorney General and the U.S. Department
| ||||||
| 17 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
| 18 | (15) As a means to reduce the underage consumption of
| ||||||
| 19 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
| 20 | compliance operations to investigate whether
businesses | ||||||
| 21 | that are soliciting, selling, and shipping wine
from inside | ||||||
| 22 | or outside of this State directly to residents
of this | ||||||
| 23 | State are licensed by this State or are selling or
| ||||||
| 24 | attempting to sell wine to persons under 21 years of age in
| ||||||
| 25 | violation of this Act. | ||||||
| 26 | (16) The Commission shall, in addition to
notifying any | ||||||
| |||||||
| |||||||
| 1 | appropriate law enforcement agency, submit
notices of | ||||||
| 2 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
| 3 | persons who do not hold a winery shipper's
license under | ||||||
| 4 | this amendatory Act to the Illinois Attorney General and
to | ||||||
| 5 | the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||||||
| 6 | and Trade Bureau. | ||||||
| 7 | (17) (A) A person licensed to make wine under the laws | ||||||
| 8 | of another state who has a winery shipper's license under | ||||||
| 9 | this amendatory Act and annually produces less than 25,000 | ||||||
| 10 | gallons of wine or a person who has a first-class or | ||||||
| 11 | second-class wine manufacturer's license, a first-class or | ||||||
| 12 | second-class wine-maker's license, or a limited wine | ||||||
| 13 | manufacturer's license under this Act and annually | ||||||
| 14 | produces less than 25,000 gallons of wine may make | ||||||
| 15 | application to the Commission for a self-distribution | ||||||
| 16 | exemption to allow the sale of not more than 5,000 gallons | ||||||
| 17 | of the exemption holder's wine to retail licensees per | ||||||
| 18 | year. | ||||||
| 19 | (B) In the application, which shall be sworn under | ||||||
| 20 | penalty of perjury, such person shall state (1) the | ||||||
| 21 | date it was established; (2) its volume of production | ||||||
| 22 | and sales for each year since its establishment; (3) | ||||||
| 23 | its efforts to establish distributor relationships; | ||||||
| 24 | (4) that a self-distribution exemption is necessary to | ||||||
| 25 | facilitate the marketing of its wine; and (5) that it | ||||||
| 26 | will comply with the liquor and revenue laws of the | ||||||
| |||||||
| |||||||
| 1 | United States, this State, and any other state where it | ||||||
| 2 | is licensed. | ||||||
| 3 | (C) The Commission shall approve the application | ||||||
| 4 | for a self-distribution exemption if such person: (1) | ||||||
| 5 | is in compliance with State revenue and liquor laws; | ||||||
| 6 | (2) is not a member of any affiliated group that | ||||||
| 7 | produces more than 25,000 gallons of wine per annum or | ||||||
| 8 | produces any other alcoholic liquor; (3) will not | ||||||
| 9 | annually produce for sale more than 25,000 gallons of | ||||||
| 10 | wine; and (4) will not annually sell more than 5,000 | ||||||
| 11 | gallons of its wine to retail licensees. | ||||||
| 12 | (D) A self-distribution exemption holder shall | ||||||
| 13 | annually certify to the Commission its production of | ||||||
| 14 | wine in the previous 12 months and its anticipated | ||||||
| 15 | production and sales for the next 12 months. The | ||||||
| 16 | Commission may fine, suspend, or revoke a | ||||||
| 17 | self-distribution exemption after a hearing if it | ||||||
| 18 | finds that the exemption holder has made a material | ||||||
| 19 | misrepresentation in its application, violated a | ||||||
| 20 | revenue or liquor law of Illinois, exceeded production | ||||||
| 21 | of 25,000 gallons of wine in any calendar year, or | ||||||
| 22 | become part of an affiliated group producing more than | ||||||
| 23 | 25,000 gallons of wine or any other alcoholic liquor. | ||||||
| 24 | (E) Except in hearings for violations of this Act | ||||||
| 25 | or amendatory Act or a bona fide investigation by duly | ||||||
| 26 | sworn law enforcement officials, the Commission, or | ||||||
| |||||||
| |||||||
| 1 | its agents, the Commission shall maintain the | ||||||
| 2 | production and sales information of a | ||||||
| 3 | self-distribution exemption holder as confidential and | ||||||
| 4 | shall not release such information to any person. | ||||||
| 5 | (F) The Commission shall issue regulations | ||||||
| 6 | governing self-distribution exemptions consistent with | ||||||
| 7 | this Section and this Act. | ||||||
| 8 | (G) Nothing in this subsection (17) shall prohibit | ||||||
| 9 | a self-distribution exemption holder from entering | ||||||
| 10 | into or simultaneously having a distribution agreement | ||||||
| 11 | with a licensed Illinois distributor. | ||||||
| 12 | (H) It is the intent of this subsection (17) to | ||||||
| 13 | promote and continue orderly markets. The General | ||||||
| 14 | Assembly finds that in order to preserve Illinois' | ||||||
| 15 | regulatory distribution system it is necessary to | ||||||
| 16 | create an exception for smaller makers of wine as their | ||||||
| 17 | wines are frequently adjusted in varietals, mixes, | ||||||
| 18 | vintages, and taste to find and create market niches | ||||||
| 19 | sometimes too small for distributor or importing | ||||||
| 20 | distributor business strategies. Limited | ||||||
| 21 | self-distribution rights will afford and allow smaller | ||||||
| 22 | makers of wine access to the marketplace in order to | ||||||
| 23 | develop a customer base without impairing the | ||||||
| 24 | integrity of the 3-tier system.
| ||||||
| 25 | (18) (A) A craft brewer licensee, who must also be | ||||||
| 26 | either a licensed brewer or licensed non-resident dealer | ||||||
| |||||||
| |||||||
| 1 | and annually manufacture less than 930,000 gallons of beer, | ||||||
| 2 | may make application to the Commission for a | ||||||
| 3 | self-distribution exemption to allow the sale of not more | ||||||
| 4 | than 232,500 gallons of the exemption holder's beer to | ||||||
| 5 | retail licensees per year. | ||||||
| 6 | (B) In the application, which shall be sworn under | ||||||
| 7 | penalty of perjury, the craft brewer licensee shall | ||||||
| 8 | state (1) the date it was established; (2) its volume | ||||||
| 9 | of beer manufactured and sold for each year since its | ||||||
| 10 | establishment; (3) its efforts to establish | ||||||
| 11 | distributor relationships; (4) that a | ||||||
| 12 | self-distribution exemption is necessary to facilitate | ||||||
| 13 | the marketing of its beer; and (5) that it will comply | ||||||
| 14 | with the alcoholic beverage and revenue laws of the | ||||||
| 15 | United States, this State, and any other state where it | ||||||
| 16 | is licensed. | ||||||
| 17 | (C) Any application submitted shall be posted on | ||||||
| 18 | the Commission's website at least 45 days prior to | ||||||
| 19 | action by the Commission. The Commission shall approve | ||||||
| 20 | the application for a self-distribution exemption if | ||||||
| 21 | the craft brewer licensee: (1) is in compliance with | ||||||
| 22 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
| 23 | not a member of any affiliated group that manufacturers | ||||||
| 24 | more than 930,000 gallons of beer per annum or produces | ||||||
| 25 | any other alcoholic beverages; (3) shall not annually | ||||||
| 26 | manufacture for sale more than 930,000 gallons of beer; | ||||||
| |||||||
| |||||||
| 1 | and (4) shall not annually sell more than 232,500 | ||||||
| 2 | gallons of its beer to retail licensees. | ||||||
| 3 | (D) A self-distribution exemption holder shall | ||||||
| 4 | annually certify to the Commission its manufacture of | ||||||
| 5 | beer during the previous 12 months and its anticipated | ||||||
| 6 | manufacture and sales of beer for the next 12 months. | ||||||
| 7 | The Commission may fine, suspend, or revoke a | ||||||
| 8 | self-distribution exemption after a hearing if it | ||||||
| 9 | finds that the exemption holder has made a material | ||||||
| 10 | misrepresentation in its application, violated a | ||||||
| 11 | revenue or alcoholic beverage law of Illinois, | ||||||
| 12 | exceeded the manufacture of 930,000 gallons of beer in | ||||||
| 13 | any calendar year or became part of an affiliated group | ||||||
| 14 | manufacturing more than 930,000 gallons of beer or any | ||||||
| 15 | other alcoholic beverage. | ||||||
| 16 | (E) The Commission shall issue rules and | ||||||
| 17 | regulations governing self-distribution exemptions | ||||||
| 18 | consistent with this Act. | ||||||
| 19 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
| 20 | self-distribution exemption holder from entering into | ||||||
| 21 | or simultaneously having a distribution agreement with | ||||||
| 22 | a licensed Illinois importing distributor or a | ||||||
| 23 | distributor. If a self-distribution exemption holder | ||||||
| 24 | enters into a distribution agreement and has assigned | ||||||
| 25 | distribution rights to an importing distributor or | ||||||
| 26 | distributor, then the self-distribution exemption | ||||||
| |||||||
| |||||||
| 1 | holder's distribution rights in the assigned | ||||||
| 2 | territories shall cease in a reasonable time not to | ||||||
| 3 | exceed 60 days. | ||||||
| 4 | (G) It is the intent of this paragraph (18) to | ||||||
| 5 | promote and continue orderly markets. The General | ||||||
| 6 | Assembly finds that in order to preserve Illinois' | ||||||
| 7 | regulatory distribution system, it is necessary to | ||||||
| 8 | create an exception for smaller manufacturers in order | ||||||
| 9 | to afford and allow such smaller manufacturers of beer | ||||||
| 10 | access to the marketplace in order to develop a | ||||||
| 11 | customer base without impairing the integrity of the | ||||||
| 12 | 3-tier system. | ||||||
| 13 | (b) On or before April 30, 1999, the Commission shall | ||||||
| 14 | present a written
report to the Governor and the General | ||||||
| 15 | Assembly that shall be based on a study
of the impact of this | ||||||
| 16 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
| 17 | and shipping
alcoholic liquor from outside of this State | ||||||
| 18 | directly to residents of this
State.
| ||||||
| 19 | As part of its report, the Commission shall provide the | ||||||
| 20 | following
information:
| ||||||
| 21 | (i) the amount of State excise and sales tax revenues | ||||||
| 22 | generated as a
result of this amendatory Act of 1998;
| ||||||
| 23 | (ii) the amount of licensing fees received as a result | ||||||
| 24 | of this amendatory
Act of 1998;
| ||||||
| 25 | (iii) the number of reported violations, the number of | ||||||
| 26 | cease and desist
notices issued by the Commission, the | ||||||
| |||||||
| |||||||
| 1 | number of notices of violations issued
to the Department of | ||||||
| 2 | Revenue, and the number of notices and complaints of
| ||||||
| 3 | violations to law enforcement officials.
| ||||||
| 4 | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941, | ||||||
| 5 | eff. 1-1-15.)
| ||||||
| 6 | (Text of Section after amendment by P.A. 98-939)
| ||||||
| 7 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
| 8 | (a) The State commission shall have the following powers, | ||||||
| 9 | functions, and
duties:
| ||||||
| 10 | (1) To receive applications and to issue licenses to | ||||||
| 11 | manufacturers,
foreign importers, importing distributors, | ||||||
| 12 | distributors, non-resident dealers,
on premise consumption | ||||||
| 13 | retailers, off premise sale retailers, special event
| ||||||
| 14 | retailer licensees, special use permit licenses, auction | ||||||
| 15 | liquor licenses, brew
pubs, caterer retailers, | ||||||
| 16 | non-beverage users, railroads, including owners and
| ||||||
| 17 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
| 18 | boats, brokers, and wine
maker's premises licensees in | ||||||
| 19 | accordance with the provisions of this Act, and
to suspend | ||||||
| 20 | or revoke such licenses upon the State commission's | ||||||
| 21 | determination,
upon notice after hearing, that a licensee | ||||||
| 22 | has violated any provision of this
Act or any rule or | ||||||
| 23 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 24 | days
prior to such violation. Except in the case of an | ||||||
| 25 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
| |||||||
| |||||||
| 1 | or 6-9, any action by the State Commission to
suspend or | ||||||
| 2 | revoke a licensee's license may be limited to the license | ||||||
| 3 | for the
specific premises where the violation occurred.
| ||||||
| 4 | In lieu of suspending or revoking a license, the | ||||||
| 5 | commission may impose
a fine, upon the State commission's | ||||||
| 6 | determination and notice after hearing,
that a licensee has | ||||||
| 7 | violated any provision of this Act or any rule or
| ||||||
| 8 | regulation issued pursuant thereto and in effect for 30 | ||||||
| 9 | days prior to such
violation. | ||||||
| 10 | For the purpose of this paragraph (1), when determining | ||||||
| 11 | multiple violations for the sale of alcohol to a person | ||||||
| 12 | under the age of 21, a second or subsequent violation for | ||||||
| 13 | the sale of alcohol to a person under the age of 21 shall | ||||||
| 14 | only be considered if it was committed within 5 years after | ||||||
| 15 | the date when a prior violation for the sale of alcohol to | ||||||
| 16 | a person under the age of 21 was committed. | ||||||
| 17 | The fine imposed under this paragraph may not exceed | ||||||
| 18 | $500 for each
violation. Each day that the activity, which | ||||||
| 19 | gave rise to the original fine,
continues is a separate | ||||||
| 20 | violation. The maximum fine that may be levied against
any | ||||||
| 21 | licensee, for the period of the license, shall not exceed | ||||||
| 22 | $20,000.
The maximum penalty that may be imposed on a | ||||||
| 23 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
| 24 | foreign object in it or serving from a bottle of
alcoholic | ||||||
| 25 | liquor with a foreign object in it shall be the destruction | ||||||
| 26 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
| |||||||
| |||||||
| 1 | so sold or served from by
the licensee. For the eleventh | ||||||
| 2 | bottle of alcoholic liquor and for each third
bottle | ||||||
| 3 | thereafter sold or served from by the licensee with a | ||||||
| 4 | foreign object in
it, the maximum penalty that may be | ||||||
| 5 | imposed on the licensee is the destruction
of the bottle of | ||||||
| 6 | alcoholic liquor and a fine of up to $50.
| ||||||
| 7 | (2) To adopt such rules and regulations consistent with | ||||||
| 8 | the
provisions of this Act which shall be necessary to | ||||||
| 9 | carry on its
functions and duties to the end that the | ||||||
| 10 | health, safety and welfare of
the People of the State of | ||||||
| 11 | Illinois shall be protected and temperance in
the | ||||||
| 12 | consumption of alcoholic liquors shall be fostered and | ||||||
| 13 | promoted and
to distribute copies of such rules and | ||||||
| 14 | regulations to all licensees
affected thereby.
| ||||||
| 15 | (3) To call upon other administrative departments of | ||||||
| 16 | the State,
county and municipal governments, county and | ||||||
| 17 | city police departments and
upon prosecuting officers for | ||||||
| 18 | such information and assistance as it
deems necessary in | ||||||
| 19 | the performance of its duties.
| ||||||
| 20 | (4) To recommend to local commissioners rules and | ||||||
| 21 | regulations, not
inconsistent with the law, for the | ||||||
| 22 | distribution and sale of alcoholic
liquors throughout the | ||||||
| 23 | State.
| ||||||
| 24 | (5) To inspect, or cause to be inspected, any
premises | ||||||
| 25 | in this State
where alcoholic liquors are manufactured, | ||||||
| 26 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
| |||||||
| |||||||
| 1 | authorizes an agent of the Commission to inspect private
| ||||||
| 2 | areas within the premises without reasonable suspicion or a | ||||||
| 3 | warrant
during an inspection. "Private areas" include, but | ||||||
| 4 | are not limited to, safes, personal property, and closed | ||||||
| 5 | desks.
| ||||||
| 6 | (5.1) Upon receipt of a complaint or upon having | ||||||
| 7 | knowledge that any person
is engaged in business as a | ||||||
| 8 | manufacturer, importing distributor, distributor,
or | ||||||
| 9 | retailer without a license or valid license, to notify the | ||||||
| 10 | local liquor
authority, file a complaint with the State's | ||||||
| 11 | Attorney's Office of the county
where the incident | ||||||
| 12 | occurred, or initiate an investigation with the | ||||||
| 13 | appropriate
law enforcement officials.
| ||||||
| 14 | (5.2) To issue a cease and desist notice to persons | ||||||
| 15 | shipping alcoholic
liquor
into this State from a point | ||||||
| 16 | outside of this State if the shipment is in
violation of | ||||||
| 17 | this Act.
| ||||||
| 18 | (5.3) To receive complaints from licensees, local | ||||||
| 19 | officials, law
enforcement agencies, organizations, and | ||||||
| 20 | persons stating that any licensee has
been or is violating | ||||||
| 21 | any provision of this Act or the rules and regulations
| ||||||
| 22 | issued pursuant to this Act. Such complaints shall be in | ||||||
| 23 | writing, signed and
sworn to by the person making the | ||||||
| 24 | complaint, and shall state with specificity
the facts in | ||||||
| 25 | relation to the alleged violation. If the Commission has
| ||||||
| 26 | reasonable grounds to believe that the complaint | ||||||
| |||||||
| |||||||
| 1 | substantially alleges a
violation of this Act or rules and | ||||||
| 2 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
| 3 | an investigation. If, after conducting an investigation, | ||||||
| 4 | the
Commission is satisfied that the alleged violation did | ||||||
| 5 | occur, it shall proceed
with disciplinary action against | ||||||
| 6 | the licensee as provided in this Act.
| ||||||
| 7 | (6) To hear and determine appeals from orders of a | ||||||
| 8 | local commission
in accordance with the provisions of this | ||||||
| 9 | Act, as hereinafter set forth.
Hearings under this | ||||||
| 10 | subsection shall be held in Springfield or Chicago,
at | ||||||
| 11 | whichever location is the more convenient for the majority | ||||||
| 12 | of persons
who are parties to the hearing.
| ||||||
| 13 | (7) The commission shall establish uniform systems of | ||||||
| 14 | accounts to be
kept by all retail licensees having more | ||||||
| 15 | than 4 employees, and for this
purpose the commission may | ||||||
| 16 | classify all retail licensees having more
than 4 employees | ||||||
| 17 | and establish a uniform system of accounts for each
class | ||||||
| 18 | and prescribe the manner in which such accounts shall be | ||||||
| 19 | kept.
The commission may also prescribe the forms of | ||||||
| 20 | accounts to be kept by
all retail licensees having more | ||||||
| 21 | than 4 employees, including but not
limited to accounts of | ||||||
| 22 | earnings and expenses and any distribution,
payment, or | ||||||
| 23 | other distribution of earnings or assets, and any other
| ||||||
| 24 | forms, records and memoranda which in the judgment of the | ||||||
| 25 | commission may
be necessary or appropriate to carry out any | ||||||
| 26 | of the provisions of this
Act, including but not limited to | ||||||
| |||||||
| |||||||
| 1 | such forms, records and memoranda as
will readily and | ||||||
| 2 | accurately disclose at all times the beneficial
ownership | ||||||
| 3 | of such retail licensed business. The accounts, forms,
| ||||||
| 4 | records and memoranda shall be available at all reasonable | ||||||
| 5 | times for
inspection by authorized representatives of the | ||||||
| 6 | State commission or by
any local liquor control | ||||||
| 7 | commissioner or his or her authorized representative.
The | ||||||
| 8 | commission, may, from time to time, alter, amend or repeal, | ||||||
| 9 | in whole
or in part, any uniform system of accounts, or the | ||||||
| 10 | form and manner of
keeping accounts.
| ||||||
| 11 | (8) In the conduct of any hearing authorized to be held | ||||||
| 12 | by the
commission, to appoint, at the commission's | ||||||
| 13 | discretion, hearing officers
to conduct hearings involving | ||||||
| 14 | complex issues or issues that will require a
protracted | ||||||
| 15 | period of time to resolve, to examine, or cause to be | ||||||
| 16 | examined,
under oath, any licensee, and to examine or cause | ||||||
| 17 | to be examined the books and
records
of such licensee; to | ||||||
| 18 | hear testimony and take proof material for its
information | ||||||
| 19 | in the discharge of its duties hereunder; to administer or
| ||||||
| 20 | cause to be administered oaths; for any such purpose to | ||||||
| 21 | issue
subpoena or subpoenas to require the attendance of | ||||||
| 22 | witnesses and the
production of books, which shall be | ||||||
| 23 | effective in any part of this State, and
to adopt rules to | ||||||
| 24 | implement its powers under this paragraph (8).
| ||||||
| 25 | Any Circuit Court may by order duly entered,
require | ||||||
| 26 | the attendance of witnesses and the production of relevant | ||||||
| |||||||
| |||||||
| 1 | books
subpoenaed by the State commission and the court may | ||||||
| 2 | compel
obedience to its order by proceedings for contempt.
| ||||||
| 3 | (9) To investigate the administration of laws in | ||||||
| 4 | relation to
alcoholic liquors in this and other states and | ||||||
| 5 | any foreign countries,
and to recommend from time to time | ||||||
| 6 | to the Governor and through him or
her to the legislature | ||||||
| 7 | of this State, such amendments to this Act, if any, as
it | ||||||
| 8 | may think desirable and as will serve to further the | ||||||
| 9 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
| 10 | (10) To adopt such rules and regulations consistent | ||||||
| 11 | with the
provisions of this Act which shall be necessary | ||||||
| 12 | for the control, sale or
disposition of alcoholic liquor | ||||||
| 13 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
| 14 | other similar occurrence.
| ||||||
| 15 | (11) To develop industry educational programs related | ||||||
| 16 | to responsible
serving and selling, particularly in the | ||||||
| 17 | areas of overserving consumers and
illegal underage | ||||||
| 18 | purchasing and consumption of alcoholic beverages.
| ||||||
| 19 | (11.1) To license persons providing education and | ||||||
| 20 | training to alcohol
beverage sellers and servers for | ||||||
| 21 | mandatory and non-mandatory training under the
Beverage | ||||||
| 22 | Alcohol Sellers and Servers
Education and Training | ||||||
| 23 | (BASSET) programs and to develop and administer a public
| ||||||
| 24 | awareness program in Illinois to reduce or eliminate the | ||||||
| 25 | illegal purchase and
consumption of alcoholic beverage | ||||||
| 26 | products by persons under the age of 21.
Application for a | ||||||
| |||||||
| |||||||
| 1 | license shall be made on forms provided by the State
| ||||||
| 2 | Commission.
| ||||||
| 3 | (12) To develop and maintain a repository of license | ||||||
| 4 | and regulatory
information.
| ||||||
| 5 | (13) On or before January 15, 1994, the Commission | ||||||
| 6 | shall issue
a written report to the Governor and General | ||||||
| 7 | Assembly that is to be based on a
comprehensive study of | ||||||
| 8 | the impact on and implications for the State of Illinois
of | ||||||
| 9 | Section 1926 of the Federal ADAMHA Reorganization Act of | ||||||
| 10 | 1992 (Public Law
102-321). This study shall address the | ||||||
| 11 | extent to which Illinois currently
complies with the | ||||||
| 12 | provisions of P.L. 102-321 and the rules promulgated | ||||||
| 13 | pursuant
thereto.
| ||||||
| 14 | As part of its report, the Commission shall provide the | ||||||
| 15 | following essential
information:
| ||||||
| 16 | (i) the number of retail distributors of tobacco | ||||||
| 17 | products, by type and
geographic area, in the State;
| ||||||
| 18 | (ii) the number of reported citations and | ||||||
| 19 | successful convictions,
categorized by type and | ||||||
| 20 | location of retail distributor, for violation of the
| ||||||
| 21 | Prevention of Tobacco Use by Minors and Sale and | ||||||
| 22 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
| 23 | Tobacco Limitation Act;
| ||||||
| 24 | (iii) the extent and nature of organized | ||||||
| 25 | educational and governmental
activities that are | ||||||
| 26 | intended to promote, encourage or otherwise secure
| ||||||
| |||||||
| |||||||
| 1 | compliance with any Illinois laws that prohibit the | ||||||
| 2 | sale or distribution of
tobacco products to minors; and
| ||||||
| 3 | (iv) the level of access and availability of | ||||||
| 4 | tobacco products to
individuals under the age of 18.
| ||||||
| 5 | To obtain the data necessary to comply with the | ||||||
| 6 | provisions of P.L. 102-321
and the requirements of this | ||||||
| 7 | report, the Commission shall conduct random,
unannounced | ||||||
| 8 | inspections of a geographically and scientifically | ||||||
| 9 | representative
sample of the State's retail tobacco | ||||||
| 10 | distributors.
| ||||||
| 11 | The Commission shall consult with the Department of | ||||||
| 12 | Public Health, the
Department of Human Services, the
| ||||||
| 13 | Illinois State Police and any
other executive branch | ||||||
| 14 | agency, and private organizations that may have
| ||||||
| 15 | information relevant to this report.
| ||||||
| 16 | The Commission may contract with the Food and Drug | ||||||
| 17 | Administration of the
U.S. Department of Health and Human | ||||||
| 18 | Services to conduct unannounced
investigations of Illinois | ||||||
| 19 | tobacco vendors to determine compliance with federal
laws | ||||||
| 20 | relating to the illegal sale of cigarettes and smokeless | ||||||
| 21 | tobacco products
to persons under the age of 18.
| ||||||
| 22 | (14) On or before April 30, 2008 and every 2 years
| ||||||
| 23 | thereafter, the Commission shall present a written
report | ||||||
| 24 | to the Governor and the General Assembly that shall
be | ||||||
| 25 | based on a study of the impact of this amendatory Act of
| ||||||
| 26 | the 95th General Assembly on the business of soliciting,
| ||||||
| |||||||
| |||||||
| 1 | selling, and shipping wine from inside and outside of this
| ||||||
| 2 | State directly to residents of this State. As part of its
| ||||||
| 3 | report, the Commission shall provide all of the
following | ||||||
| 4 | information: | ||||||
| 5 | (A) The amount of State excise and sales tax
| ||||||
| 6 | revenues generated. | ||||||
| 7 | (B) The amount of licensing fees received. | ||||||
| 8 | (C) The number of cases of wine shipped from inside
| ||||||
| 9 | and outside of this State directly to residents of this
| ||||||
| 10 | State. | ||||||
| 11 | (D) The number of alcohol compliance operations
| ||||||
| 12 | conducted. | ||||||
| 13 | (E) The number of winery shipper's licenses
| ||||||
| 14 | issued. | ||||||
| 15 | (F) The number of each of the following: reported
| ||||||
| 16 | violations; cease and desist notices issued by the
| ||||||
| 17 | Commission; notices of violations issued by
the | ||||||
| 18 | Commission and to the Department of Revenue;
and | ||||||
| 19 | notices and complaints of violations to law
| ||||||
| 20 | enforcement officials, including, without limitation,
| ||||||
| 21 | the Illinois Attorney General and the U.S. Department
| ||||||
| 22 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
| 23 | (15) As a means to reduce the underage consumption of
| ||||||
| 24 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
| 25 | compliance operations to investigate whether
businesses | ||||||
| 26 | that are soliciting, selling, and shipping wine
from inside | ||||||
| |||||||
| |||||||
| 1 | or outside of this State directly to residents
of this | ||||||
| 2 | State are licensed by this State or are selling or
| ||||||
| 3 | attempting to sell wine to persons under 21 years of age in
| ||||||
| 4 | violation of this Act. | ||||||
| 5 | (16) The Commission shall, in addition to
notifying any | ||||||
| 6 | appropriate law enforcement agency, submit
notices of | ||||||
| 7 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
| 8 | persons who do not hold a winery shipper's
license under | ||||||
| 9 | this amendatory Act to the Illinois Attorney General and
to | ||||||
| 10 | the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||||||
| 11 | and Trade Bureau. | ||||||
| 12 | (17) (A) A person licensed to make wine under the laws | ||||||
| 13 | of another state who has a winery shipper's license under | ||||||
| 14 | this amendatory Act and annually produces less than 25,000 | ||||||
| 15 | gallons of wine or a person who has a first-class or | ||||||
| 16 | second-class wine manufacturer's license, a first-class or | ||||||
| 17 | second-class wine-maker's license, or a limited wine | ||||||
| 18 | manufacturer's license under this Act and annually | ||||||
| 19 | produces less than 25,000 gallons of wine may make | ||||||
| 20 | application to the Commission for a self-distribution | ||||||
| 21 | exemption to allow the sale of not more than 5,000 gallons | ||||||
| 22 | of the exemption holder's wine to retail licensees per | ||||||
| 23 | year. | ||||||
| 24 | (B) In the application, which shall be sworn under | ||||||
| 25 | penalty of perjury, such person shall state (1) the | ||||||
| 26 | date it was established; (2) its volume of production | ||||||
| |||||||
| |||||||
| 1 | and sales for each year since its establishment; (3) | ||||||
| 2 | its efforts to establish distributor relationships; | ||||||
| 3 | (4) that a self-distribution exemption is necessary to | ||||||
| 4 | facilitate the marketing of its wine; and (5) that it | ||||||
| 5 | will comply with the liquor and revenue laws of the | ||||||
| 6 | United States, this State, and any other state where it | ||||||
| 7 | is licensed. | ||||||
| 8 | (C) The Commission shall approve the application | ||||||
| 9 | for a self-distribution exemption if such person: (1) | ||||||
| 10 | is in compliance with State revenue and liquor laws; | ||||||
| 11 | (2) is not a member of any affiliated group that | ||||||
| 12 | produces more than 25,000 gallons of wine per annum or | ||||||
| 13 | produces any other alcoholic liquor; (3) will not | ||||||
| 14 | annually produce for sale more than 25,000 gallons of | ||||||
| 15 | wine; and (4) will not annually sell more than 5,000 | ||||||
| 16 | gallons of its wine to retail licensees. | ||||||
| 17 | (D) A self-distribution exemption holder shall | ||||||
| 18 | annually certify to the Commission its production of | ||||||
| 19 | wine in the previous 12 months and its anticipated | ||||||
| 20 | production and sales for the next 12 months. The | ||||||
| 21 | Commission may fine, suspend, or revoke a | ||||||
| 22 | self-distribution exemption after a hearing if it | ||||||
| 23 | finds that the exemption holder has made a material | ||||||
| 24 | misrepresentation in its application, violated a | ||||||
| 25 | revenue or liquor law of Illinois, exceeded production | ||||||
| 26 | of 25,000 gallons of wine in any calendar year, or | ||||||
| |||||||
| |||||||
| 1 | become part of an affiliated group producing more than | ||||||
| 2 | 25,000 gallons of wine or any other alcoholic liquor. | ||||||
| 3 | (E) Except in hearings for violations of this Act | ||||||
| 4 | or amendatory Act or a bona fide investigation by duly | ||||||
| 5 | sworn law enforcement officials, the Commission, or | ||||||
| 6 | its agents, the Commission shall maintain the | ||||||
| 7 | production and sales information of a | ||||||
| 8 | self-distribution exemption holder as confidential and | ||||||
| 9 | shall not release such information to any person. | ||||||
| 10 | (F) The Commission shall issue regulations | ||||||
| 11 | governing self-distribution exemptions consistent with | ||||||
| 12 | this Section and this Act. | ||||||
| 13 | (G) Nothing in this subsection (17) shall prohibit | ||||||
| 14 | a self-distribution exemption holder from entering | ||||||
| 15 | into or simultaneously having a distribution agreement | ||||||
| 16 | with a licensed Illinois distributor. | ||||||
| 17 | (H) It is the intent of this subsection (17) to | ||||||
| 18 | promote and continue orderly markets. The General | ||||||
| 19 | Assembly finds that in order to preserve Illinois' | ||||||
| 20 | regulatory distribution system it is necessary to | ||||||
| 21 | create an exception for smaller makers of wine as their | ||||||
| 22 | wines are frequently adjusted in varietals, mixes, | ||||||
| 23 | vintages, and taste to find and create market niches | ||||||
| 24 | sometimes too small for distributor or importing | ||||||
| 25 | distributor business strategies. Limited | ||||||
| 26 | self-distribution rights will afford and allow smaller | ||||||
| |||||||
| |||||||
| 1 | makers of wine access to the marketplace in order to | ||||||
| 2 | develop a customer base without impairing the | ||||||
| 3 | integrity of the 3-tier system.
| ||||||
| 4 | (18) (A) A craft brewer licensee, who must also be | ||||||
| 5 | either a licensed brewer or licensed non-resident dealer | ||||||
| 6 | and annually manufacture less than 930,000 gallons of beer, | ||||||
| 7 | may make application to the Commission for a | ||||||
| 8 | self-distribution exemption to allow the sale of not more | ||||||
| 9 | than 232,500 gallons of the exemption holder's beer to | ||||||
| 10 | retail licensees per year. | ||||||
| 11 | (B) In the application, which shall be sworn under | ||||||
| 12 | penalty of perjury, the craft brewer licensee shall | ||||||
| 13 | state (1) the date it was established; (2) its volume | ||||||
| 14 | of beer manufactured and sold for each year since its | ||||||
| 15 | establishment; (3) its efforts to establish | ||||||
| 16 | distributor relationships; (4) that a | ||||||
| 17 | self-distribution exemption is necessary to facilitate | ||||||
| 18 | the marketing of its beer; and (5) that it will comply | ||||||
| 19 | with the alcoholic beverage and revenue laws of the | ||||||
| 20 | United States, this State, and any other state where it | ||||||
| 21 | is licensed. | ||||||
| 22 | (C) Any application submitted shall be posted on | ||||||
| 23 | the Commission's website at least 45 days prior to | ||||||
| 24 | action by the Commission. The Commission shall approve | ||||||
| 25 | the application for a self-distribution exemption if | ||||||
| 26 | the craft brewer licensee: (1) is in compliance with | ||||||
| |||||||
| |||||||
| 1 | the State, revenue, and alcoholic beverage laws; (2) is | ||||||
| 2 | not a member of any affiliated group that manufacturers | ||||||
| 3 | more than 930,000 gallons of beer per annum or produces | ||||||
| 4 | any other alcoholic beverages; (3) shall not annually | ||||||
| 5 | manufacture for sale more than 930,000 gallons of beer; | ||||||
| 6 | and (4) shall not annually sell more than 232,500 | ||||||
| 7 | gallons of its beer to retail licensees. | ||||||
| 8 | (D) A self-distribution exemption holder shall | ||||||
| 9 | annually certify to the Commission its manufacture of | ||||||
| 10 | beer during the previous 12 months and its anticipated | ||||||
| 11 | manufacture and sales of beer for the next 12 months. | ||||||
| 12 | The Commission may fine, suspend, or revoke a | ||||||
| 13 | self-distribution exemption after a hearing if it | ||||||
| 14 | finds that the exemption holder has made a material | ||||||
| 15 | misrepresentation in its application, violated a | ||||||
| 16 | revenue or alcoholic beverage law of Illinois, | ||||||
| 17 | exceeded the manufacture of 930,000 gallons of beer in | ||||||
| 18 | any calendar year or became part of an affiliated group | ||||||
| 19 | manufacturing more than 930,000 gallons of beer or any | ||||||
| 20 | other alcoholic beverage. | ||||||
| 21 | (E) The Commission shall issue rules and | ||||||
| 22 | regulations governing self-distribution exemptions | ||||||
| 23 | consistent with this Act. | ||||||
| 24 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
| 25 | self-distribution exemption holder from entering into | ||||||
| 26 | or simultaneously having a distribution agreement with | ||||||
| |||||||
| |||||||
| 1 | a licensed Illinois importing distributor or a | ||||||
| 2 | distributor. If a self-distribution exemption holder | ||||||
| 3 | enters into a distribution agreement and has assigned | ||||||
| 4 | distribution rights to an importing distributor or | ||||||
| 5 | distributor, then the self-distribution exemption | ||||||
| 6 | holder's distribution rights in the assigned | ||||||
| 7 | territories shall cease in a reasonable time not to | ||||||
| 8 | exceed 60 days. | ||||||
| 9 | (G) It is the intent of this paragraph (18) to | ||||||
| 10 | promote and continue orderly markets. The General | ||||||
| 11 | Assembly finds that in order to preserve Illinois' | ||||||
| 12 | regulatory distribution system, it is necessary to | ||||||
| 13 | create an exception for smaller manufacturers in order | ||||||
| 14 | to afford and allow such smaller manufacturers of beer | ||||||
| 15 | access to the marketplace in order to develop a | ||||||
| 16 | customer base without impairing the integrity of the | ||||||
| 17 | 3-tier system. | ||||||
| 18 | (b) On or before April 30, 1999, the Commission shall | ||||||
| 19 | present a written
report to the Governor and the General | ||||||
| 20 | Assembly that shall be based on a study
of the impact of this | ||||||
| 21 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
| 22 | and shipping
alcoholic liquor from outside of this State | ||||||
| 23 | directly to residents of this
State.
| ||||||
| 24 | As part of its report, the Commission shall provide the | ||||||
| 25 | following
information:
| ||||||
| 26 | (i) the amount of State excise and sales tax revenues | ||||||
| |||||||
| |||||||
| 1 | generated as a
result of this amendatory Act of 1998;
| ||||||
| 2 | (ii) the amount of licensing fees received as a result | ||||||
| 3 | of this amendatory
Act of 1998;
| ||||||
| 4 | (iii) the number of reported violations, the number of | ||||||
| 5 | cease and desist
notices issued by the Commission, the | ||||||
| 6 | number of notices of violations issued
to the Department of | ||||||
| 7 | Revenue, and the number of notices and complaints of
| ||||||
| 8 | violations to law enforcement officials.
| ||||||
| 9 | (Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939, | ||||||
| 10 | eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.)
| ||||||
| 11 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
| 12 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
| 13 | in any
building belonging to or under the control of the State | ||||||
| 14 | or any political
subdivision thereof except as provided in this | ||||||
| 15 | Act. The corporate
authorities of any city, village, | ||||||
| 16 | incorporated town, township, or county may provide by
| ||||||
| 17 | ordinance, however, that alcoholic liquor may be sold or | ||||||
| 18 | delivered in any
specifically designated building belonging to | ||||||
| 19 | or under the control of the
municipality, township, or county, | ||||||
| 20 | or in any building located on land under the
control of the | ||||||
| 21 | municipality, township, or county; provided that such township | ||||||
| 22 | or county complies with all
applicable local ordinances in any | ||||||
| 23 | incorporated area of the township or county.
Alcoholic liquor | ||||||
| 24 | may be delivered to and sold under the authority of a special | ||||||
| 25 | use permit on any property owned by a conservation district | ||||||
| |||||||
| |||||||
| 1 | organized under the Conservation District Act, provided that | ||||||
| 2 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
| 3 | the governing board of the conservation district, (ii) the | ||||||
| 4 | issuance of the special use permit is authorized by the local | ||||||
| 5 | liquor control commissioner of the territory in which the | ||||||
| 6 | property is located, and (iii) the special use permit | ||||||
| 7 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
| 8 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
| 9 | belonging to
or under the control of a municipality of more | ||||||
| 10 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
| 11 | course owned by a park district organized under
the Park | ||||||
| 12 | District
Code, subject to the approval of the governing board | ||||||
| 13 | of the district, or
in any building or on any golf course owned | ||||||
| 14 | by a forest preserve district
organized under the Downstate | ||||||
| 15 | Forest Preserve District Act, subject to the
approval of the | ||||||
| 16 | governing board of the district, or on the grounds
within 500 | ||||||
| 17 | feet of any building owned by a forest preserve district
| ||||||
| 18 | organized under the Downstate Forest Preserve District Act | ||||||
| 19 | during
times when food is dispensed for consumption within
500 | ||||||
| 20 | feet of the building from which the food is dispensed,
subject | ||||||
| 21 | to the
approval of the
governing board of the district, or in a | ||||||
| 22 | building owned by a Local Mass
Transit District organized under | ||||||
| 23 | the Local Mass Transit District Act, subject
to the approval of | ||||||
| 24 | the governing Board of the District, or in Bicentennial
Park, | ||||||
| 25 | or
on the premises of the City of Mendota Lake Park
located | ||||||
| 26 | adjacent to Route 51 in Mendota, Illinois, or on the premises | ||||||
| |||||||
| |||||||
| 1 | of
Camden Park in Milan, Illinois, or in the community center | ||||||
| 2 | owned by the
City of Loves Park that is located at 1000 River | ||||||
| 3 | Park Drive in Loves Park,
Illinois, or, in connection with the | ||||||
| 4 | operation of an established food
serving facility during times | ||||||
| 5 | when food is dispensed for consumption on the
premises, and at | ||||||
| 6 | the following aquarium and museums located in public
parks: Art | ||||||
| 7 | Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||||||
| 8 | Historical Society, Field Museum of Natural History, Museum of | ||||||
| 9 | Science and
Industry, DuSable Museum of African American | ||||||
| 10 | History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||||||
| 11 | Lakeview Museum of Arts and Sciences
in Peoria, or in | ||||||
| 12 | connection with the operation of the facilities of the
Chicago | ||||||
| 13 | Zoological Society or the Chicago Horticultural Society on land
| ||||||
| 14 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
| 15 | land used for a golf course or for recreational purposes
owned | ||||||
| 16 | by the Forest Preserve District of Cook County, subject to the | ||||||
| 17 | control
of the Forest Preserve District Board of Commissioners | ||||||
| 18 | and applicable local
law, provided that dram shop liability | ||||||
| 19 | insurance is provided at
maximum coverage limits so as to hold | ||||||
| 20 | the
District harmless from all financial loss, damage, and | ||||||
| 21 | harm,
or in any building
located on land owned by the Chicago | ||||||
| 22 | Park District if approved by the Park
District Commissioners, | ||||||
| 23 | or on any land used for a golf course or for
recreational | ||||||
| 24 | purposes and owned by the Illinois International Port District | ||||||
| 25 | if
approved by the District's governing board, or at any | ||||||
| 26 | airport, golf course,
faculty center, or
facility in which | ||||||
| |||||||
| |||||||
| 1 | conference and convention type activities take place
belonging | ||||||
| 2 | to or under control of any State university or public community
| ||||||
| 3 | college district, provided that with respect to a facility for | ||||||
| 4 | conference
and convention type activities alcoholic liquors | ||||||
| 5 | shall be limited to the
use of the convention or conference | ||||||
| 6 | participants or participants
in cultural, political or | ||||||
| 7 | educational activities held in such facilities,
and provided | ||||||
| 8 | further that the faculty or staff of the State university or
a | ||||||
| 9 | public community college district, or members of an | ||||||
| 10 | organization of
students, alumni, faculty or staff of the State | ||||||
| 11 | university or a public
community college district are active | ||||||
| 12 | participants in the conference
or convention, or in Memorial | ||||||
| 13 | Stadium on the campus of the University of
Illinois at | ||||||
| 14 | Urbana-Champaign during games in which the
Chicago Bears | ||||||
| 15 | professional football team is playing in that stadium during | ||||||
| 16 | the
renovation of Soldier Field, not more than one and a half | ||||||
| 17 | hours before the
start of the game and not after the end of the | ||||||
| 18 | third quarter of the game,
or in the Pavilion Facility on the | ||||||
| 19 | campus of the University of Illinois at Chicago during games in | ||||||
| 20 | which the Chicago Storm professional soccer team is playing in | ||||||
| 21 | that facility, not more than one and a half hours before the | ||||||
| 22 | start of the game and not after the end of the third quarter of | ||||||
| 23 | the game, or in the Pavilion Facility on the campus of the | ||||||
| 24 | University of Illinois at Chicago during games in which the | ||||||
| 25 | WNBA professional women's basketball team is playing in that | ||||||
| 26 | facility, not more than one and a half hours before the start | ||||||
| |||||||
| |||||||
| 1 | of the game and not after the 10-minute mark of the second half | ||||||
| 2 | of the game, or by a catering establishment which has rented | ||||||
| 3 | facilities
from a board of trustees of a public community | ||||||
| 4 | college district, or in a restaurant that is operated by a | ||||||
| 5 | commercial tenant in the North Campus Parking Deck building | ||||||
| 6 | that (1) is located at 1201 West University Avenue, Urbana, | ||||||
| 7 | Illinois and (2) is owned by the Board of Trustees of the | ||||||
| 8 | University of Illinois, or, if
approved by the District board, | ||||||
| 9 | on land owned by the Metropolitan Sanitary
District of Greater | ||||||
| 10 | Chicago and leased to others for a term of at least
20 years. | ||||||
| 11 | Nothing in this Section precludes the sale or delivery of
| ||||||
| 12 | alcoholic liquor in the form of original packaged goods in | ||||||
| 13 | premises located
at 500 S. Racine in Chicago belonging to the | ||||||
| 14 | University of Illinois and
used primarily as a grocery store by | ||||||
| 15 | a commercial tenant during the term of
a lease that predates | ||||||
| 16 | the University's acquisition of the premises; but the
| ||||||
| 17 | University shall have no power or authority to renew, transfer, | ||||||
| 18 | or extend
the lease with terms allowing the sale of alcoholic | ||||||
| 19 | liquor; and the sale of
alcoholic liquor shall be subject to | ||||||
| 20 | all local laws and regulations.
After the acquisition by | ||||||
| 21 | Winnebago County of the property located at 404
Elm Street in | ||||||
| 22 | Rockford, a commercial tenant who sold alcoholic liquor at
| ||||||
| 23 | retail on a portion of the property under a valid license at | ||||||
| 24 | the time of
the acquisition may continue to do so for so long | ||||||
| 25 | as the tenant and the
County may agree under existing or future | ||||||
| 26 | leases, subject to all local laws
and regulations regarding the | ||||||
| |||||||
| |||||||
| 1 | sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||||||
| 2 | and sold at Memorial Hall, located at 211 North Main Street, | ||||||
| 3 | Rockford, under conditions approved by Winnebago County and | ||||||
| 4 | subject to all local laws and regulations regarding the sale of | ||||||
| 5 | alcoholic liquor. Each
facility shall provide dram shop | ||||||
| 6 | liability in maximum insurance coverage
limits so as to save | ||||||
| 7 | harmless the State, municipality, State university,
airport, | ||||||
| 8 | golf course, faculty center, facility in which conference and
| ||||||
| 9 | convention type activities take place, park district, Forest | ||||||
| 10 | Preserve
District, public community college district, | ||||||
| 11 | aquarium, museum, or sanitary
district from all financial loss, | ||||||
| 12 | damage or harm. Alcoholic liquors may be
sold at retail in | ||||||
| 13 | buildings of golf courses owned by municipalities or Illinois | ||||||
| 14 | State University in
connection with the operation of an | ||||||
| 15 | established food serving facility
during times when food is | ||||||
| 16 | dispensed for consumption upon the premises.
Alcoholic liquors | ||||||
| 17 | may be delivered to and sold at retail in any building
owned by | ||||||
| 18 | a fire protection district organized under the Fire Protection
| ||||||
| 19 | District Act, provided that such delivery and sale is approved | ||||||
| 20 | by the board
of trustees of the district, and provided further | ||||||
| 21 | that such delivery and
sale is limited to fundraising events | ||||||
| 22 | and to a maximum of 6 events per year. However, the limitation | ||||||
| 23 | to fundraising events and to a maximum of 6 events per year | ||||||
| 24 | does not apply to the delivery, sale, or manufacture of | ||||||
| 25 | alcoholic liquors at the building located at 59 Main Street in | ||||||
| 26 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
| |||||||
| |||||||
| 1 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
| 2 | Oswego Fire Protection District and the property is no longer | ||||||
| 3 | being utilized for fire protection purposes.
| ||||||
| 4 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 5 | the control of the Board of Trustees of the University of | ||||||
| 6 | Illinois for events that the Board may determine are public | ||||||
| 7 | events and not related student activities. The Board of | ||||||
| 8 | Trustees shall issue a written policy within 6 months of the | ||||||
| 9 | effective date of this amendatory Act of the 95th General | ||||||
| 10 | Assembly concerning the types of events that would be eligible | ||||||
| 11 | for an exemption. Thereafter, the Board of Trustees may issue | ||||||
| 12 | revised, updated, new, or amended policies as it deems | ||||||
| 13 | necessary and appropriate. In preparing its written policy, the | ||||||
| 14 | Board of Trustees shall, among other factors it considers | ||||||
| 15 | relevant and important, give consideration to the following: | ||||||
| 16 | (i) whether the event is a student activity or student related | ||||||
| 17 | activity; (ii) whether the physical setting of the event is | ||||||
| 18 | conducive to control of liquor sales and distribution; (iii) | ||||||
| 19 | the ability of the event operator to ensure that the sale or | ||||||
| 20 | serving of alcoholic liquors and the demeanor of the | ||||||
| 21 | participants are in accordance with State law and University | ||||||
| 22 | policies; (iv) regarding the anticipated attendees at the | ||||||
| 23 | event, the relative proportion of individuals under the age of | ||||||
| 24 | 21 to individuals age 21 or older; (v) the ability of the venue | ||||||
| 25 | operator to prevent the sale or distribution of alcoholic | ||||||
| 26 | liquors to individuals under the age of 21; (vi) whether the | ||||||
| |||||||
| |||||||
| 1 | event prohibits participants from removing alcoholic beverages | ||||||
| 2 | from the venue; and (vii) whether the event prohibits | ||||||
| 3 | participants from providing their own alcoholic liquors to the | ||||||
| 4 | venue. In addition, any policy submitted by the Board of | ||||||
| 5 | Trustees to the Illinois Liquor Control Commission must require | ||||||
| 6 | that any event at which alcoholic liquors are served or sold in | ||||||
| 7 | buildings under the control of the Board of Trustees shall | ||||||
| 8 | require the prior written approval of the Office of the | ||||||
| 9 | Chancellor for the University campus where the event is | ||||||
| 10 | located. The Board of Trustees shall submit its policy, and any | ||||||
| 11 | subsequently revised, updated, new, or amended policies, to the | ||||||
| 12 | Illinois Liquor Control Commission, and any University event, | ||||||
| 13 | or location for an event, exempted under such policies shall | ||||||
| 14 | apply for a license under the applicable Sections of this Act. | ||||||
| 15 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 16 | the control of the Board of Trustees of Northern Illinois | ||||||
| 17 | University
for events that the Board may determine are public
| ||||||
| 18 | events and not student-related activities. The Board of
| ||||||
| 19 | Trustees shall issue a written policy within 6 months after | ||||||
| 20 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
| 21 | concerning the types of events that would be eligible
for an | ||||||
| 22 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
| 23 | updated, new, or amended policies as it deems
necessary and | ||||||
| 24 | appropriate. In preparing its written policy, the
Board of | ||||||
| 25 | Trustees shall, in addition to other factors it considers
| ||||||
| 26 | relevant and important, give consideration to the following:
| ||||||
| |||||||
| |||||||
| 1 | (i) whether the event is a student activity or student-related
| ||||||
| 2 | activity; (ii) whether the physical setting of the event is
| ||||||
| 3 | conducive to control of liquor sales and distribution; (iii)
| ||||||
| 4 | the ability of the event operator to ensure that the sale or
| ||||||
| 5 | serving of alcoholic liquors and the demeanor of the
| ||||||
| 6 | participants are in accordance with State law and University
| ||||||
| 7 | policies; (iv) the anticipated attendees at the
event and the | ||||||
| 8 | relative proportion of individuals under the age of
21 to | ||||||
| 9 | individuals age 21 or older; (v) the ability of the venue
| ||||||
| 10 | operator to prevent the sale or distribution of alcoholic
| ||||||
| 11 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
| 12 | event prohibits participants from removing alcoholic beverages
| ||||||
| 13 | from the venue; and (vii) whether the event prohibits
| ||||||
| 14 | participants from providing their own alcoholic liquors to the
| ||||||
| 15 | venue. | ||||||
| 16 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 17 | the control of the Board of Trustees of Chicago State | ||||||
| 18 | University for events that the Board may determine are public | ||||||
| 19 | events and not student-related activities. The Board of | ||||||
| 20 | Trustees shall issue a written policy within 6 months after | ||||||
| 21 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
| 22 | concerning the types of events that would be eligible for an | ||||||
| 23 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
| 24 | updated, new, or amended policies as it deems necessary and | ||||||
| 25 | appropriate. In preparing its written policy, the Board of | ||||||
| 26 | Trustees shall, in addition to other factors it considers | ||||||
| |||||||
| |||||||
| 1 | relevant and important, give consideration to the following: | ||||||
| 2 | (i) whether the event is a student activity or student-related | ||||||
| 3 | activity; (ii) whether the physical setting of the event is | ||||||
| 4 | conducive to control of liquor sales and distribution; (iii) | ||||||
| 5 | the ability of the event operator to ensure that the sale or | ||||||
| 6 | serving of alcoholic liquors and the demeanor of the | ||||||
| 7 | participants are in accordance with State law and University | ||||||
| 8 | policies; (iv) the anticipated attendees at the event and the | ||||||
| 9 | relative proportion of individuals under the age of 21 to | ||||||
| 10 | individuals age 21 or older; (v) the ability of the venue | ||||||
| 11 | operator to prevent the sale or distribution of alcoholic | ||||||
| 12 | liquors to individuals under the age of 21; (vi) whether the | ||||||
| 13 | event prohibits participants from removing alcoholic beverages | ||||||
| 14 | from the venue; and (vii) whether the event prohibits | ||||||
| 15 | participants from providing their own alcoholic liquors to the | ||||||
| 16 | venue. | ||||||
| 17 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 18 | the control of the Board of Trustees of Illinois State | ||||||
| 19 | University
for events that the Board may determine are public
| ||||||
| 20 | events and not student-related activities. The Board of
| ||||||
| 21 | Trustees shall issue a written policy within 6 months after the | ||||||
| 22 | effective date of this amendatory Act of the 97th General | ||||||
| 23 | Assembly concerning the types of events that would be eligible
| ||||||
| 24 | for an exemption. Thereafter, the Board of Trustees may issue
| ||||||
| 25 | revised, updated, new, or amended policies as it deems
| ||||||
| 26 | necessary and appropriate. In preparing its written policy, the
| ||||||
| |||||||
| |||||||
| 1 | Board of Trustees shall, in addition to other factors it | ||||||
| 2 | considers
relevant and important, give consideration to the | ||||||
| 3 | following:
(i) whether the event is a student activity or | ||||||
| 4 | student-related
activity; (ii) whether the physical setting of | ||||||
| 5 | the event is
conducive to control of liquor sales and | ||||||
| 6 | distribution; (iii)
the ability of the event operator to ensure | ||||||
| 7 | that the sale or
serving of alcoholic liquors and the demeanor | ||||||
| 8 | of the
participants are in accordance with State law and | ||||||
| 9 | University
policies; (iv) the anticipated attendees at the
| ||||||
| 10 | event and the relative proportion of individuals under the age | ||||||
| 11 | of
21 to individuals age 21 or older; (v) the ability of the | ||||||
| 12 | venue
operator to prevent the sale or distribution of alcoholic
| ||||||
| 13 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
| 14 | event prohibits participants from removing alcoholic beverages
| ||||||
| 15 | from the venue; and (vii) whether the event prohibits
| ||||||
| 16 | participants from providing their own alcoholic liquors to the
| ||||||
| 17 | venue. | ||||||
| 18 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
| 19 | the
Dorchester Senior Business Center owned by the Village of | ||||||
| 20 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
| 21 | connection with organized
functions for which the planned | ||||||
| 22 | attendance is 20 or more persons, and if
the person or facility | ||||||
| 23 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
| 24 | shop liability insurance in maximum limits so as to hold
| ||||||
| 25 | harmless the Village of Dolton and the State from all financial | ||||||
| 26 | loss,
damage and harm.
| ||||||
| |||||||
| |||||||
| 1 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 2 | any
building used as an Illinois State Armory provided:
| ||||||
| 3 | (i) the Adjutant General's written consent to the | ||||||
| 4 | issuance of a
license to sell alcoholic liquor in such | ||||||
| 5 | building is filed with the
Commission;
| ||||||
| 6 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 7 | connection
with organized functions held on special | ||||||
| 8 | occasions;
| ||||||
| 9 | (iii) the organized function is one for which the | ||||||
| 10 | planned attendance
is 25 or more persons; and
| ||||||
| 11 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 12 | liquors has
provided dram shop liability insurance in | ||||||
| 13 | maximum limits so as to save
harmless the facility and the | ||||||
| 14 | State from all financial loss, damage or harm.
| ||||||
| 15 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 16 | the Chicago
Civic Center, provided that:
| ||||||
| 17 | (i) the written consent of the Public Building | ||||||
| 18 | Commission which
administers the Chicago Civic Center is | ||||||
| 19 | filed with the Commission;
| ||||||
| 20 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 21 | connection with
organized functions held on special | ||||||
| 22 | occasions;
| ||||||
| 23 | (iii) the organized function is one for which the | ||||||
| 24 | planned attendance is
25 or more persons;
| ||||||
| 25 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 26 | liquors has
provided dram shop liability insurance in | ||||||
| |||||||
| |||||||
| 1 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
| 2 | City of Chicago and the State from all
financial loss, | ||||||
| 3 | damage or harm; and
| ||||||
| 4 | (v) all applicable local ordinances are complied with.
| ||||||
| 5 | Alcoholic liquors may be delivered or sold in any building | ||||||
| 6 | belonging to
or under the control of any city, village or | ||||||
| 7 | incorporated town where more
than 75% of the physical | ||||||
| 8 | properties of the building is used for commercial
or | ||||||
| 9 | recreational purposes, and the building is located upon a pier | ||||||
| 10 | extending
into or over the waters of a navigable lake or stream | ||||||
| 11 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
| 12 | with a license issued under this Act, alcoholic liquor may be | ||||||
| 13 | sold, served, or delivered in buildings and facilities under
| ||||||
| 14 | the control
of the Department of Natural Resources during | ||||||
| 15 | events or activities lasting no more than 7 continuous days | ||||||
| 16 | upon the written approval of the
Director of
Natural Resources | ||||||
| 17 | acting as the controlling government authority. The Director
of
| ||||||
| 18 | Natural Resources may specify conditions on that approval, | ||||||
| 19 | including but not
limited to
requirements for insurance and | ||||||
| 20 | hours of operation.
Notwithstanding any other provision of this | ||||||
| 21 | Act, alcoholic liquor sold by a
United States Army Corps of | ||||||
| 22 | Engineers or Department of Natural
Resources
concessionaire | ||||||
| 23 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
| 24 | only is not subject to the provisions of Articles IV and IX. | ||||||
| 25 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
| 26 | District Stadium owned by
the Joliet Park District when written | ||||||
| |||||||
| |||||||
| 1 | consent to the issuance of a license
to sell beer and wine in | ||||||
| 2 | such premises is filed with the local liquor
commissioner by | ||||||
| 3 | the Joliet Park District. Beer and wine may be sold in
| ||||||
| 4 | buildings on the grounds of State veterans' homes when written | ||||||
| 5 | consent to
the issuance of a license to sell beer and wine in | ||||||
| 6 | such buildings is filed
with the Commission by the Department | ||||||
| 7 | of Veterans' Affairs, and the
facility shall provide dram shop | ||||||
| 8 | liability in maximum insurance coverage
limits so as to save | ||||||
| 9 | the facility harmless from all financial loss, damage
or harm. | ||||||
| 10 | Such liquors may be delivered to and sold at any property owned | ||||||
| 11 | or
held under lease by a Metropolitan Pier and Exposition | ||||||
| 12 | Authority or
Metropolitan Exposition and Auditorium Authority.
| ||||||
| 13 | Beer and wine may be sold and dispensed at professional | ||||||
| 14 | sporting events
and at professional concerts and other | ||||||
| 15 | entertainment events conducted on
premises owned by the Forest | ||||||
| 16 | Preserve District of Kane County, subject to
the control of the | ||||||
| 17 | District Commissioners and applicable local law,
provided that | ||||||
| 18 | dram shop liability insurance is provided at maximum coverage
| ||||||
| 19 | limits so as to hold the District harmless from all financial | ||||||
| 20 | loss, damage
and harm.
| ||||||
| 21 | Nothing in this Section shall preclude the sale or delivery | ||||||
| 22 | of beer and
wine at a State or county fair or the sale or | ||||||
| 23 | delivery of beer or wine at a
city fair in any otherwise lawful | ||||||
| 24 | manner.
| ||||||
| 25 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 26 | State parks
under the control of the Department of Natural | ||||||
| |||||||
| |||||||
| 1 | Resources,
provided:
| ||||||
| 2 | a. the State park has overnight lodging facilities with | ||||||
| 3 | some
restaurant facilities or, not having overnight | ||||||
| 4 | lodging facilities, has
restaurant facilities which serve | ||||||
| 5 | complete luncheon and dinner or
supper meals,
| ||||||
| 6 | b. (blank), and
| ||||||
| 7 | c. the alcoholic liquors are sold by the State park | ||||||
| 8 | lodge or
restaurant concessionaire only during the hours | ||||||
| 9 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
| 10 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
| 11 | liquor sold by the State park or restaurant concessionaire | ||||||
| 12 | is not
subject to the provisions of Articles IV and IX.
| ||||||
| 13 | Alcoholic liquors may be sold at retail in buildings on | ||||||
| 14 | properties
under the control of the Historic Sites and | ||||||
| 15 | Preservation Division of the
Historic Preservation
Agency or | ||||||
| 16 | the Abraham Lincoln Presidential Library and Museum provided:
| ||||||
| 17 | a. the property has overnight lodging facilities with | ||||||
| 18 | some restaurant
facilities or, not having overnight | ||||||
| 19 | lodging facilities, has restaurant
facilities which serve | ||||||
| 20 | complete luncheon and dinner or supper meals,
| ||||||
| 21 | b. consent to the issuance of a license to sell | ||||||
| 22 | alcoholic liquors in
the buildings has been filed with the | ||||||
| 23 | commission by the Historic Sites and
Preservation Division
| ||||||
| 24 | of the Historic
Preservation Agency or the Abraham Lincoln | ||||||
| 25 | Presidential Library and Museum,
and
| ||||||
| 26 | c. the alcoholic liquors are sold by the lodge or | ||||||
| |||||||
| |||||||
| 1 | restaurant
concessionaire only during the hours from 11 | ||||||
| 2 | o'clock a.m. until 12 o'clock
midnight.
| ||||||
| 3 | The sale of alcoholic liquors pursuant to this Section does | ||||||
| 4 | not
authorize the establishment and operation of facilities | ||||||
| 5 | commonly called
taverns, saloons, bars, cocktail lounges, and | ||||||
| 6 | the like except as a part
of lodge and restaurant facilities in | ||||||
| 7 | State parks or golf courses owned
by Forest Preserve Districts | ||||||
| 8 | with a population of less than 3,000,000 or
municipalities or | ||||||
| 9 | park districts.
| ||||||
| 10 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
| 11 | Administration Building of the Department of Transportation | ||||||
| 12 | and the
Illinois State Armory in Springfield; provided, that | ||||||
| 13 | the controlling
government authority may consent to such sales | ||||||
| 14 | only if
| ||||||
| 15 | a. the request is from a not-for-profit organization;
| ||||||
| 16 | b. such sales would not impede normal operations of the | ||||||
| 17 | departments
involved;
| ||||||
| 18 | c. the not-for-profit organization provides dram shop | ||||||
| 19 | liability in
maximum insurance coverage limits and agrees | ||||||
| 20 | to defend, save harmless
and indemnify the State of | ||||||
| 21 | Illinois from all financial loss, damage or harm;
| ||||||
| 22 | d. no such sale shall be made during normal working | ||||||
| 23 | hours of the
State of Illinois; and
| ||||||
| 24 | e. the consent is in writing.
| ||||||
| 25 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 26 | recreational
areas of river conservancy districts under the | ||||||
| |||||||
| |||||||
| 1 | control of, or leased
from, the river conservancy districts. | ||||||
| 2 | Such sales are subject to
reasonable local regulations as | ||||||
| 3 | provided in Article IV; however, no such
regulations may | ||||||
| 4 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
| 5 | on Sundays or Holidays.
| ||||||
| 6 | Alcoholic liquors may be provided in long term care | ||||||
| 7 | facilities owned or
operated by a county under Division 5-21 or | ||||||
| 8 | 5-22 of the Counties Code,
when approved by the facility | ||||||
| 9 | operator and not in conflict
with the regulations of the | ||||||
| 10 | Illinois Department of Public Health, to
residents of the | ||||||
| 11 | facility who have had their consumption of the alcoholic
| ||||||
| 12 | liquors provided approved in writing by a physician licensed to | ||||||
| 13 | practice
medicine in all its branches.
| ||||||
| 14 | Alcoholic liquors may be delivered to and dispensed in | ||||||
| 15 | State housing
assigned to employees of the Department of | ||||||
| 16 | Corrections.
No person shall furnish or allow to be furnished | ||||||
| 17 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
| 18 | reformatory, prison or house
of correction except upon a | ||||||
| 19 | physician's prescription for medicinal purposes.
| ||||||
| 20 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 21 | Willard Ice
Building in Springfield, at the State Library in | ||||||
| 22 | Springfield, and at
Illinois State Museum facilities by (1) an
| ||||||
| 23 | agency of the State, whether legislative, judicial or | ||||||
| 24 | executive, provided
that such agency first obtains written | ||||||
| 25 | permission to sell or dispense
alcoholic liquors from the | ||||||
| 26 | controlling government authority, or by (2) a
not-for-profit | ||||||
| |||||||
| |||||||
| 1 | organization, provided that such organization:
| ||||||
| 2 | a. Obtains written consent from the controlling | ||||||
| 3 | government authority;
| ||||||
| 4 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 5 | that does not
impair normal operations of State offices | ||||||
| 6 | located in the building;
| ||||||
| 7 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 8 | connection with an
official activity in the building;
| ||||||
| 9 | d. Provides, or its catering service provides, dram | ||||||
| 10 | shop liability
insurance in maximum coverage limits and in | ||||||
| 11 | which the carrier agrees to
defend, save harmless and | ||||||
| 12 | indemnify the State of Illinois from all
financial loss, | ||||||
| 13 | damage or harm arising out of the selling or dispensing of
| ||||||
| 14 | alcoholic liquors.
| ||||||
| 15 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 16 | organization or agency
of the State from employing the services | ||||||
| 17 | of a catering establishment for
the selling or dispensing of | ||||||
| 18 | alcoholic liquors at authorized functions.
| ||||||
| 19 | The controlling government authority for the Willard Ice | ||||||
| 20 | Building in
Springfield shall be the Director of the Department | ||||||
| 21 | of Revenue. The
controlling government authority for Illinois | ||||||
| 22 | State Museum facilities shall
be the Director of the Illinois | ||||||
| 23 | State Museum. The controlling government
authority for the | ||||||
| 24 | State Library in Springfield shall be the Secretary of State.
| ||||||
| 25 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 26 | dispensed
at any facility, property or building under the | ||||||
| |||||||
| |||||||
| 1 | jurisdiction of the
Historic Sites and Preservation Division of | ||||||
| 2 | the
Historic Preservation Agency
or the Abraham
Lincoln | ||||||
| 3 | Presidential Library and Museum
where the delivery, sale or
| ||||||
| 4 | dispensing is by (1)
an agency of the State, whether | ||||||
| 5 | legislative, judicial or executive,
provided that such agency | ||||||
| 6 | first obtains written permission to sell or
dispense alcoholic | ||||||
| 7 | liquors from a controlling government authority, or by (2) an | ||||||
| 8 | individual or organization provided that such individual or | ||||||
| 9 | organization:
| ||||||
| 10 | a. Obtains written consent from the controlling | ||||||
| 11 | government authority;
| ||||||
| 12 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 13 | that does not
impair normal workings of State offices or | ||||||
| 14 | operations located at the
facility, property or building;
| ||||||
| 15 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 16 | connection with an
official activity of the individual or | ||||||
| 17 | organization in the facility,
property or building;
| ||||||
| 18 | d. Provides, or its catering service provides, dram | ||||||
| 19 | shop liability
insurance in maximum coverage limits and in | ||||||
| 20 | which the carrier agrees to
defend, save harmless and | ||||||
| 21 | indemnify the State of Illinois from all
financial loss, | ||||||
| 22 | damage or harm arising out of the selling or dispensing of
| ||||||
| 23 | alcoholic liquors.
| ||||||
| 24 | The controlling government authority for the
Historic | ||||||
| 25 | Sites and Preservation Division of the
Historic Preservation | ||||||
| 26 | Agency
shall be the Director of the Historic Sites and | ||||||
| |||||||
| |||||||
| 1 | Preservation, and the
controlling
government authority for the | ||||||
| 2 | Abraham Lincoln Presidential Library and Museum
shall be the | ||||||
| 3 | Director of the Abraham Lincoln Presidential Library and | ||||||
| 4 | Museum.
| ||||||
| 5 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 6 | dispensed for
consumption at the Michael Bilandic Building at | ||||||
| 7 | 160 North LaSalle Street,
Chicago IL 60601, after the normal | ||||||
| 8 | business hours of any day care or child care
facility located | ||||||
| 9 | in the building, by (1) a commercial tenant or subtenant
| ||||||
| 10 | conducting business on the premises under a lease made pursuant | ||||||
| 11 | to Section
405-315 of the Department of Central Management | ||||||
| 12 | Services Law (20 ILCS
405/405-315), provided that such tenant | ||||||
| 13 | or subtenant who accepts delivery of,
sells, or dispenses | ||||||
| 14 | alcoholic liquors shall procure and maintain dram shop
| ||||||
| 15 | liability insurance in maximum coverage limits and in which the | ||||||
| 16 | carrier
agrees to defend, indemnify, and save harmless the | ||||||
| 17 | State of Illinois from
all financial loss, damage, or harm | ||||||
| 18 | arising out of the delivery, sale, or
dispensing of alcoholic | ||||||
| 19 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
| 20 | judicial, or executive, provided that such agency first obtains
| ||||||
| 21 | written permission to accept delivery of and sell or dispense | ||||||
| 22 | alcoholic liquors
from the Director of Central Management | ||||||
| 23 | Services, or by (3) a not-for-profit
organization, provided | ||||||
| 24 | that such organization:
| ||||||
| 25 | a. obtains written consent from the Department of | ||||||
| 26 | Central Management
Services;
| ||||||
| |||||||
| |||||||
| 1 | b. accepts delivery of and sells or dispenses the | ||||||
| 2 | alcoholic liquors in a
manner that does not impair normal | ||||||
| 3 | operations of State offices located in the
building;
| ||||||
| 4 | c. accepts delivery of and sells or dispenses alcoholic | ||||||
| 5 | liquors only in
connection with an official activity in the | ||||||
| 6 | building; and
| ||||||
| 7 | d. provides, or its catering service provides, dram | ||||||
| 8 | shop liability
insurance in maximum coverage limits and in | ||||||
| 9 | which the carrier agrees to
defend, save harmless, and | ||||||
| 10 | indemnify the State of Illinois from all
financial loss, | ||||||
| 11 | damage, or harm arising out of the selling or dispensing of
| ||||||
| 12 | alcoholic liquors.
| ||||||
| 13 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 14 | organization or agency
of the State from employing the services | ||||||
| 15 | of a catering establishment for
the selling or dispensing of | ||||||
| 16 | alcoholic liquors at functions authorized by
the Director of | ||||||
| 17 | Central Management Services.
| ||||||
| 18 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 19 | James R.
Thompson Center in Chicago, subject to the provisions | ||||||
| 20 | of Section 7.4 of the
State Property Control Act, and 222 South | ||||||
| 21 | College Street in Springfield,
Illinois by (1) a commercial | ||||||
| 22 | tenant or subtenant conducting business on the
premises under a | ||||||
| 23 | lease or sublease made pursuant to Section 405-315 of the
| ||||||
| 24 | Department of Central Management Services Law (20 ILCS | ||||||
| 25 | 405/405-315), provided
that such tenant or subtenant who
sells | ||||||
| 26 | or dispenses alcoholic liquors shall procure and maintain dram | ||||||
| |||||||
| |||||||
| 1 | shop
liability insurance in maximum coverage limits and in | ||||||
| 2 | which the carrier
agrees to defend, indemnify and save harmless | ||||||
| 3 | the State of Illinois from
all financial loss, damage or harm | ||||||
| 4 | arising out of the sale or dispensing of
alcoholic liquors, or | ||||||
| 5 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
| 6 | executive, provided that such agency first obtains written
| ||||||
| 7 | permission to sell or dispense alcoholic liquors from the | ||||||
| 8 | Director of
Central Management Services, or by (3) a | ||||||
| 9 | not-for-profit organization,
provided that such organization:
| ||||||
| 10 | a. Obtains written consent from the Department of | ||||||
| 11 | Central Management
Services;
| ||||||
| 12 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 13 | that does not
impair normal operations of State offices | ||||||
| 14 | located in the building;
| ||||||
| 15 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 16 | connection with an
official activity in the building;
| ||||||
| 17 | d. Provides, or its catering service provides, dram | ||||||
| 18 | shop liability
insurance in maximum coverage limits and in | ||||||
| 19 | which the carrier agrees to
defend, save harmless and | ||||||
| 20 | indemnify the State of Illinois from all
financial loss, | ||||||
| 21 | damage or harm arising out of the selling or dispensing of
| ||||||
| 22 | alcoholic liquors.
| ||||||
| 23 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 24 | organization or agency
of the State from employing the services | ||||||
| 25 | of a catering establishment for
the selling or dispensing of | ||||||
| 26 | alcoholic liquors at functions authorized by
the Director of | ||||||
| |||||||
| |||||||
| 1 | Central Management Services.
| ||||||
| 2 | Alcoholic liquors may be sold or delivered at any facility | ||||||
| 3 | owned by the
Illinois Sports Facilities Authority provided that | ||||||
| 4 | dram shop liability
insurance has been made available in a | ||||||
| 5 | form, with such coverage and in such
amounts as the Authority | ||||||
| 6 | reasonably determines is necessary.
| ||||||
| 7 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 8 | Rockford
State Office Building by (1) an agency of the State, | ||||||
| 9 | whether legislative,
judicial or executive, provided that such | ||||||
| 10 | agency first obtains written
permission to sell or dispense | ||||||
| 11 | alcoholic liquors from the Department of
Central Management | ||||||
| 12 | Services, or by (2) a not-for-profit organization,
provided | ||||||
| 13 | that such organization:
| ||||||
| 14 | a. Obtains written consent from the Department of | ||||||
| 15 | Central Management
Services;
| ||||||
| 16 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 17 | that does not
impair normal operations of State offices | ||||||
| 18 | located in the building;
| ||||||
| 19 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 20 | connection with an
official activity in the building;
| ||||||
| 21 | d. Provides, or its catering service provides, dram | ||||||
| 22 | shop liability
insurance in maximum coverage limits and in | ||||||
| 23 | which the carrier agrees to defend,
save harmless and | ||||||
| 24 | indemnify the State of Illinois from all financial loss,
| ||||||
| 25 | damage or harm arising out of the selling or dispensing of | ||||||
| 26 | alcoholic liquors.
| ||||||
| |||||||
| |||||||
| 1 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 2 | organization or agency
of the State from employing the services | ||||||
| 3 | of a catering establishment for
the selling or dispensing of | ||||||
| 4 | alcoholic liquors at functions authorized by
the Department of | ||||||
| 5 | Central Management Services.
| ||||||
| 6 | Alcoholic liquors may be sold or delivered in a building | ||||||
| 7 | that is owned
by McLean County, situated on land owned by the | ||||||
| 8 | county in the City of
Bloomington, and used by the McLean | ||||||
| 9 | County Historical Society if the sale
or delivery is approved | ||||||
| 10 | by an ordinance adopted by the county board, and
the | ||||||
| 11 | municipality in which the building is located may not prohibit | ||||||
| 12 | that
sale or delivery, notwithstanding any other provision of | ||||||
| 13 | this Section. The
regulation of the sale and delivery of | ||||||
| 14 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
| 15 | situated on land owned by the county, and used
by the McLean | ||||||
| 16 | County Historical Society as provided in this paragraph is an
| ||||||
| 17 | exclusive power and function of the State and is a denial and | ||||||
| 18 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
| 19 | Illinois Constitution
of the power of a home rule municipality | ||||||
| 20 | to regulate that sale and delivery.
| ||||||
| 21 | Alcoholic liquors may be sold or delivered in any building | ||||||
| 22 | situated on
land held in trust for any school district | ||||||
| 23 | organized under Article 34 of
the School Code, if the building | ||||||
| 24 | is not used for school purposes and if the
sale or delivery is | ||||||
| 25 | approved by the board of education.
| ||||||
| 26 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| |||||||
| |||||||
| 1 | any building owned by the Six Mile Regional Library District, | ||||||
| 2 | provided that the delivery and sale is approved by the board of | ||||||
| 3 | trustees of the Six Mile Regional Library District and the | ||||||
| 4 | delivery and sale is limited to a maximum of 6 library district | ||||||
| 5 | events per year. The Six Mile Regional Library District shall | ||||||
| 6 | provide dram shop liability in maximum insurance coverage | ||||||
| 7 | limits so as to save harmless the library district from all | ||||||
| 8 | financial loss, damage, or harm. | ||||||
| 9 | Alcoholic liquors may be sold or delivered in buildings | ||||||
| 10 | owned
by the Community Building Complex Committee of Boone | ||||||
| 11 | County,
Illinois if the person or facility selling or | ||||||
| 12 | dispensing the
alcoholic liquor has provided dram shop | ||||||
| 13 | liability insurance with coverage and
in amounts that the | ||||||
| 14 | Committee reasonably determines are necessary.
| ||||||
| 15 | Alcoholic liquors may be sold or delivered in the building | ||||||
| 16 | located at
1200 Centerville Avenue in Belleville, Illinois and | ||||||
| 17 | occupied by either the
Belleville Area Special Education | ||||||
| 18 | District or the Belleville Area Special
Services
Cooperative. | ||||||
| 19 | Alcoholic liquors may be delivered to and sold at the Louis | ||||||
| 20 | Joliet
Renaissance Center, City Center Campus, located at 214 | ||||||
| 21 | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||||||
| 22 | Department facilities, Main Campus, located at
1215 Houbolt | ||||||
| 23 | Road, Joliet, owned by or under the control of Joliet Junior
| ||||||
| 24 | College,
Illinois Community College District No. 525.
| ||||||
| 25 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
| 26 | College, Illinois Community College District No. 504. | ||||||
| |||||||
| |||||||
| 1 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 2 | College of DuPage, Illinois Community College District No. 502. | ||||||
| 3 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 4 | building located at 446 East Hickory Avenue in Apple River, | ||||||
| 5 | Illinois, owned by the Apple River Fire Protection District, | ||||||
| 6 | and occupied by the Apple River Community Association if the | ||||||
| 7 | alcoholic liquor is sold or dispensed only in connection with | ||||||
| 8 | organized functions approved by the Apple River Community | ||||||
| 9 | Association for which the planned attendance is 20 or more | ||||||
| 10 | persons and if the person or facility selling or dispensing the | ||||||
| 11 | alcoholic liquor has provided dram shop liability insurance in | ||||||
| 12 | maximum limits so as to hold harmless the Apple River Fire | ||||||
| 13 | Protection District, the Village of Apple River, and the Apple | ||||||
| 14 | River Community Association from all financial loss, damage, | ||||||
| 15 | and harm. | ||||||
| 16 | Alcoholic liquors may be delivered to and sold at the Sikia | ||||||
| 17 | Restaurant, Kennedy King College Campus, located at 740 West | ||||||
| 18 | 63rd Street, Chicago, and at the Food Services in the Great | ||||||
| 19 | Hall/Washburne Culinary Institute Department facility, Kennedy | ||||||
| 20 | King College Campus, located at 740 West 63rd Street, Chicago, | ||||||
| 21 | owned by or under the control of City Colleges of Chicago, | ||||||
| 22 | Illinois Community College District No. 508.
| ||||||
| 23 | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | ||||||
| 24 | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | ||||||
| 25 | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | ||||||
| 26 | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff. | ||||||
| |||||||
| |||||||
| 1 | 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised | ||||||
| 2 | 10-3-14.)
| ||||||
| 3 | (235 ILCS 5/6-36) | ||||||
| 4 | Sec. 6-36. Homemade brewed beverages. | ||||||
| 5 | (a) No license or permit is required under this Act for the | ||||||
| 6 | making of homemade brewed beverages or for the possession, | ||||||
| 7 | transportation, or storage of homemade brewed beverages by any | ||||||
| 8 | person 21 years of age or older, if all of the following apply: | ||||||
| 9 | (1) the person who makes the homemade brewed beverages | ||||||
| 10 | receives no compensation; | ||||||
| 11 | (2) the homemade brewed beverages are is not sold or | ||||||
| 12 | offered for sale; and | ||||||
| 13 | (3) the total quantity of homemade brewed beverages | ||||||
| 14 | made, in a calendar year, by the person does not exceed 100 | ||||||
| 15 | gallons if the household has only one person 21 years of | ||||||
| 16 | age or older or 200 gallons if the household has 2 or more | ||||||
| 17 | persons 21 years of age or older. | ||||||
| 18 | (b) A person who makes, possesses, transports, or stores | ||||||
| 19 | homemade brewed beverages in compliance with the limitations | ||||||
| 20 | specified in subsection (a) is not a brewer, craft brewer, | ||||||
| 21 | wholesaler, retailer, or a manufacturer of beer for the | ||||||
| 22 | purposes of this Act. | ||||||
| 23 | (c) Homemade brewed beverages made in compliance with the | ||||||
| 24 | limitations specified in subsection (a) may be consumed by the | ||||||
| 25 | person who made it and his or her family, neighbors, and | ||||||
| |||||||
| |||||||
| 1 | friends at any private residence or other private location | ||||||
| 2 | where the possession and consumption of alcohol are is | ||||||
| 3 | permissible under this Act, local ordinances, and other | ||||||
| 4 | applicable law, provided that the homemade brewed beverages are | ||||||
| 5 | not made available for consumption by the general public. | ||||||
| 6 | (d) Homemade brewed beverages made in compliance with the | ||||||
| 7 | limitations specified in subsection (a) may be used for | ||||||
| 8 | purposes of a public exhibition, demonstration, tasting, or | ||||||
| 9 | sampling with sampling sizes as authorized by Section 6-31, if | ||||||
| 10 | the event is held at a private residence or at a location other | ||||||
| 11 | than a retail licensed premises. If the public event is not | ||||||
| 12 | held at a private residence, the event organizer shall obtain a | ||||||
| 13 | homebrewer special event permit for each location, and is | ||||||
| 14 | subject to the provisions in subsection (a) of Section 6-21. | ||||||
| 15 | Homemade brewed beverages used for purposes described in this | ||||||
| 16 | subsection (d), including the submission or consumption of the | ||||||
| 17 | homemade brewed beverages, are not considered sold or offered | ||||||
| 18 | for sale under this Act. A public exhibition, demonstration, | ||||||
| 19 | tasting, or sampling with sampling sizes as authorized by | ||||||
| 20 | Section 6-31 held by a licensee on a location other than a | ||||||
| 21 | retail licensed premises may require an admission charge to the | ||||||
| 22 | event, but no separate or additional fee may be charged for the | ||||||
| 23 | consumption of a person's homemade brewed beverages at the | ||||||
| 24 | public exhibition, demonstration, tasting, or sampling with | ||||||
| 25 | sampling sizes as authorized by Section 6-31. Event admission | ||||||
| 26 | charges that are collected may be partially used to provide | ||||||
| |||||||
| |||||||
| 1 | prizes to makers of homemade brewed beverages, but the | ||||||
| 2 | admission charges may not be divided in any fashion among the | ||||||
| 3 | makers of the homemade brewed beverages who participate in the | ||||||
| 4 | event. Homemade brewed beverages used for purposes described in | ||||||
| 5 | this subsection (d) are not considered sold or offered for sale | ||||||
| 6 | under this Act if a maker of homemade brewed beverages receives | ||||||
| 7 | free event admission or discounted event admission in return | ||||||
| 8 | for the maker's donation of the homemade brewed beverages to an | ||||||
| 9 | event specified in this subsection (d) that collects event | ||||||
| 10 | admission charges; free admission or discounted admission to | ||||||
| 11 | the event is not considered compensation under this Act. No | ||||||
| 12 | admission fee and no charge for the consumption of a person's | ||||||
| 13 | homemade brewed beverage may be collected if the public | ||||||
| 14 | exhibition, demonstration, tasting, or sampling with sampling | ||||||
| 15 | sizes as authorized by Section 6-31 is held at a private | ||||||
| 16 | residence. | ||||||
| 17 | (e) A person who is not a licensee under this Act may at a | ||||||
| 18 | private residence, and a person who is a licensee under this | ||||||
| 19 | Act may on the licensed premises, conduct, sponsor, or host a | ||||||
| 20 | contest, competition, or other event for the exhibition, | ||||||
| 21 | demonstration, judging, tasting, or sampling of homemade | ||||||
| 22 | brewed beverages made in compliance with the limitations | ||||||
| 23 | specified in subsection (a), if the person does not sell the | ||||||
| 24 | homemade brewed beverages and, unless the person is the brewer | ||||||
| 25 | of the homemade brewed beverages, does not acquire any | ||||||
| 26 | ownership interest in the homemade brewed beverages. If the | ||||||
| |||||||
| |||||||
| 1 | contest, competition, exhibition, demonstration, or judging is | ||||||
| 2 | not held at a private residence, the consumption of the | ||||||
| 3 | homemade brewed beverages is limited to qualified judges and | ||||||
| 4 | stewards as defined by a national or international beer judging | ||||||
| 5 | program, who are identified by the event organizer in advance | ||||||
| 6 | of the contest, competition, exhibition, demonstration, or | ||||||
| 7 | judging. Homemade brewed beverages used for the purposes | ||||||
| 8 | described in this subsection (e), including the submission or | ||||||
| 9 | consumption of the homemade brewed beverages, are not | ||||||
| 10 | considered sold or offered for sale under this Act and any | ||||||
| 11 | prize awarded at a contest or competition or as a result of an | ||||||
| 12 | exhibition, demonstration, or judging is not considered | ||||||
| 13 | compensation under this Act. An exhibition, demonstration, | ||||||
| 14 | judging, contest, or competition held by a licensee on a | ||||||
| 15 | licensed premises may require an admission charge to the event, | ||||||
| 16 | but no separate or additional fee may be charged for the | ||||||
| 17 | consumption of a person's homemade brewed beverage at the | ||||||
| 18 | exhibition, demonstration, judging, contest, or competition. A | ||||||
| 19 | portion of event admission charges that are collected may be | ||||||
| 20 | used to provide prizes to makers of homemade brewed beverages, | ||||||
| 21 | but the admission charges may not be divided in any fashion | ||||||
| 22 | among the makers of the homemade brewed beverages who | ||||||
| 23 | participate in the event. Homemade brewed beverages used for | ||||||
| 24 | purposes described in this subsection (e) are not considered | ||||||
| 25 | sold or offered for sale under this Act if a maker of homemade | ||||||
| 26 | brewed beverages receives free event admission or discounted | ||||||
| |||||||
| |||||||
| 1 | event admission in return for the maker's donation of the | ||||||
| 2 | homemade brewed beverages to an event specified in this | ||||||
| 3 | subsection (e) that collects event admission charges; free | ||||||
| 4 | admission or discounted admission to the event is not | ||||||
| 5 | considered compensation under this Act. No admission fee and no | ||||||
| 6 | charge for the consumption of a person's homemade brewed | ||||||
| 7 | beverage may be charged if the exhibition, demonstration, | ||||||
| 8 | judging, contest, or competition is held at a private | ||||||
| 9 | residence. The fact that a person is acting in a manner | ||||||
| 10 | authorized by this Section is not, by itself, sufficient to | ||||||
| 11 | constitute a public nuisance under Section 10-7 of this Act. If | ||||||
| 12 | the contest, competition, or other event is held on licensed | ||||||
| 13 | premises, the licensee may allow the homemade brewed beverages | ||||||
| 14 | to be stored on the premises if the homemade brewed beverages | ||||||
| 15 | are clearly identified and , kept separate from any alcohol | ||||||
| 16 | beverages owned by the licensee. If the contest, competition, | ||||||
| 17 | or other event is held on licensed premises, other provisions | ||||||
| 18 | of this Act not inconsistent with this Section apply. | ||||||
| 19 | (f) A commercial enterprise engaged primarily in selling | ||||||
| 20 | supplies and equipment to the public for use by homebrewers may | ||||||
| 21 | manufacture homemade brewed beverages for the purpose of | ||||||
| 22 | tasting the homemade brewed beverages at the location of the | ||||||
| 23 | commercial enterprise, provided that the homemade brewed | ||||||
| 24 | beverages are not sold or offered for sale. Homemade brewed | ||||||
| 25 | beverages provided at a commercial enterprise for tasting under | ||||||
| 26 | this subsection (f) shall be in compliance with Sections 6-16, | ||||||
| |||||||
| |||||||
| 1 | 6-21, and 6-31 of this Act. A commercial enterprise engaged | ||||||
| 2 | solely in selling supplies and equipment for use by homebrewers | ||||||
| 3 | shall not be required to secure a license under this Act, | ||||||
| 4 | however, such commercial enterprise shall secure liquor | ||||||
| 5 | liability insurance coverage in an amount at least equal to the | ||||||
| 6 | maximum liability amounts set forth in subsection (a) of | ||||||
| 7 | Section 6-21 of this Act. | ||||||
| 8 | (g) Homemade brewed beverages are not subject to Section | ||||||
| 9 | 8-1 of this Act.
| ||||||
| 10 | (Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.)
| ||||||
| 11 | Section 340. The Illinois Public Aid Code is amended by | ||||||
| 12 | changing Sections 5-5, 5-5.2, 5A-5, and 5A-8 and by setting | ||||||
| 13 | forth and renumbering multiple versions of Section 12-4.47 as | ||||||
| 14 | follows:
| ||||||
| 15 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 16 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 17 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 18 | of reimbursement for the
medical assistance for which
payment | ||||||
| 19 | will be authorized, and the medical services to be provided,
| ||||||
| 20 | which may include all or part of the following: (1) inpatient | ||||||
| 21 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 22 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 23 | services; (5) physicians'
services whether furnished in the | ||||||
| 24 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| |||||||
| |||||||
| 1 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 2 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 3 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 4 | services; (10) dental services, including prevention and | ||||||
| 5 | treatment of periodontal disease and dental caries disease for | ||||||
| 6 | pregnant women, provided by an individual licensed to practice | ||||||
| 7 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 8 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 9 | procedures provided by or under the supervision of a dentist in | ||||||
| 10 | the practice of his or her profession; (11) physical therapy | ||||||
| 11 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 12 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 13 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 14 | whichever the person may select; (13) other
diagnostic, | ||||||
| 15 | screening, preventive, and rehabilitative services, including | ||||||
| 16 | to ensure that the individual's need for intervention or | ||||||
| 17 | treatment of mental disorders or substance use disorders or | ||||||
| 18 | co-occurring mental health and substance use disorders is | ||||||
| 19 | determined using a uniform screening, assessment, and | ||||||
| 20 | evaluation process inclusive of criteria, for children and | ||||||
| 21 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 22 | assessment, and evaluation process refers to a process that | ||||||
| 23 | includes an appropriate evaluation and, as warranted, a | ||||||
| 24 | referral; "uniform" does not mean the use of a singular | ||||||
| 25 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 26 | transportation and such other expenses as may be necessary; | ||||||
| |||||||
| |||||||
| 1 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 2 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 3 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 4 | assault, including
examinations and laboratory tests to | ||||||
| 5 | discover evidence which may be used in
criminal proceedings | ||||||
| 6 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 7 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 8 | care, and any other type of remedial care recognized
under the | ||||||
| 9 | laws of this State, but not including abortions, or induced
| ||||||
| 10 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 11 | physician,
such procedures are necessary for the preservation | ||||||
| 12 | of the life of the
woman seeking such treatment, or except an | ||||||
| 13 | induced premature birth
intended to produce a live viable child | ||||||
| 14 | and such procedure is necessary
for the health of the mother or | ||||||
| 15 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 16 | prohibit any physician from providing medical assistance
to | ||||||
| 17 | anyone eligible therefor under this Code where such physician | ||||||
| 18 | has been
found guilty of performing an abortion procedure in a | ||||||
| 19 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 20 | the time such abortion
procedure was performed. The term "any | ||||||
| 21 | other type of remedial care" shall
include nursing care and | ||||||
| 22 | nursing home service for persons who rely on
treatment by | ||||||
| 23 | spiritual means alone through prayer for healing.
| ||||||
| 24 | Notwithstanding any other provision of this Section, a | ||||||
| 25 | comprehensive
tobacco use cessation program that includes | ||||||
| 26 | purchasing prescription drugs or
prescription medical devices | ||||||
| |||||||
| |||||||
| 1 | approved by the Food and Drug Administration shall
be covered | ||||||
| 2 | under the medical assistance
program under this Article for | ||||||
| 3 | persons who are otherwise eligible for
assistance under this | ||||||
| 4 | Article.
| ||||||
| 5 | Notwithstanding any other provision of this Code, the | ||||||
| 6 | Illinois
Department may not require, as a condition of payment | ||||||
| 7 | for any laboratory
test authorized under this Article, that a | ||||||
| 8 | physician's handwritten signature
appear on the laboratory | ||||||
| 9 | test order form. The Illinois Department may,
however, impose | ||||||
| 10 | other appropriate requirements regarding laboratory test
order | ||||||
| 11 | documentation.
| ||||||
| 12 | Upon receipt of federal approval of an amendment to the | ||||||
| 13 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 14 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 15 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 16 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 17 | that its vendor or vendors are enrolled as providers in the | ||||||
| 18 | medical assistance program and in any capitated Medicaid | ||||||
| 19 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 20 | school within the CPS system. Under any contract procured under | ||||||
| 21 | this provision, the vendor or vendors must serve only | ||||||
| 22 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 23 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 24 | of benefits in the medical assistance program under this Code, | ||||||
| 25 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 26 | KIDS Health Insurance Program shall be submitted to the | ||||||
| |||||||
| |||||||
| 1 | Department or the MCE in which the individual is enrolled for | ||||||
| 2 | payment and shall be reimbursed at the Department's or the | ||||||
| 3 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 4 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 5 | Family Services may provide the following services to
persons
| ||||||
| 6 | eligible for assistance under this Article who are | ||||||
| 7 | participating in
education, training or employment programs | ||||||
| 8 | operated by the Department of Human
Services as successor to | ||||||
| 9 | the Department of Public Aid:
| ||||||
| 10 | (1) dental services provided by or under the | ||||||
| 11 | supervision of a dentist; and
| ||||||
| 12 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 13 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 14 | person may select.
| ||||||
| 15 | Notwithstanding any other provision of this Code and | ||||||
| 16 | subject to federal approval, the Department may adopt rules to | ||||||
| 17 | allow a dentist who is volunteering his or her service at no | ||||||
| 18 | cost to render dental services through an enrolled | ||||||
| 19 | not-for-profit health clinic without the dentist personally | ||||||
| 20 | enrolling as a participating provider in the medical assistance | ||||||
| 21 | program. A not-for-profit health clinic shall include a public | ||||||
| 22 | health clinic or Federally Qualified Health Center or other | ||||||
| 23 | enrolled provider, as determined by the Department, through | ||||||
| 24 | which dental services covered under this Section are performed. | ||||||
| 25 | The Department shall establish a process for payment of claims | ||||||
| 26 | for reimbursement for covered dental services rendered under | ||||||
| |||||||
| |||||||
| 1 | this provision. | ||||||
| 2 | The Illinois Department, by rule, may distinguish and | ||||||
| 3 | classify the
medical services to be provided only in accordance | ||||||
| 4 | with the classes of
persons designated in Section 5-2.
| ||||||
| 5 | The Department of Healthcare and Family Services must | ||||||
| 6 | provide coverage and reimbursement for amino acid-based | ||||||
| 7 | elemental formulas, regardless of delivery method, for the | ||||||
| 8 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 9 | short bowel syndrome when the prescribing physician has issued | ||||||
| 10 | a written order stating that the amino acid-based elemental | ||||||
| 11 | formula is medically necessary.
| ||||||
| 12 | The Illinois Department shall authorize the provision of, | ||||||
| 13 | and shall
authorize payment for, screening by low-dose | ||||||
| 14 | mammography for the presence of
occult breast cancer for women | ||||||
| 15 | 35 years of age or older who are eligible
for medical | ||||||
| 16 | assistance under this Article, as follows: | ||||||
| 17 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 18 | age.
| ||||||
| 19 | (B) An annual mammogram for women 40 years of age or | ||||||
| 20 | older. | ||||||
| 21 | (C) A mammogram at the age and intervals considered | ||||||
| 22 | medically necessary by the woman's health care provider for | ||||||
| 23 | women under 40 years of age and having a family history of | ||||||
| 24 | breast cancer, prior personal history of breast cancer, | ||||||
| 25 | positive genetic testing, or other risk factors. | ||||||
| 26 | (D) A comprehensive ultrasound screening of an entire | ||||||
| |||||||
| |||||||
| 1 | breast or breasts if a mammogram demonstrates | ||||||
| 2 | heterogeneous or dense breast tissue, when medically | ||||||
| 3 | necessary as determined by a physician licensed to practice | ||||||
| 4 | medicine in all of its branches. | ||||||
| 5 | All screenings
shall
include a physical breast exam, | ||||||
| 6 | instruction on self-examination and
information regarding the | ||||||
| 7 | frequency of self-examination and its value as a
preventative | ||||||
| 8 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 9 | means
the x-ray examination of the breast using equipment | ||||||
| 10 | dedicated specifically
for mammography, including the x-ray | ||||||
| 11 | tube, filter, compression device,
and image receptor, with an | ||||||
| 12 | average radiation exposure delivery
of less than one rad per | ||||||
| 13 | breast for 2 views of an average size breast.
The term also | ||||||
| 14 | includes digital mammography.
| ||||||
| 15 | On and after January 1, 2012, providers participating in a | ||||||
| 16 | quality improvement program approved by the Department shall be | ||||||
| 17 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 18 | rate as the Medicare program's rates, including the increased | ||||||
| 19 | reimbursement for digital mammography. | ||||||
| 20 | The Department shall convene an expert panel including | ||||||
| 21 | representatives of hospitals, free-standing mammography | ||||||
| 22 | facilities, and doctors, including radiologists, to establish | ||||||
| 23 | quality standards. | ||||||
| 24 | Subject to federal approval, the Department shall | ||||||
| 25 | establish a rate methodology for mammography at federally | ||||||
| 26 | qualified health centers and other encounter-rate clinics. | ||||||
| |||||||
| |||||||
| 1 | These clinics or centers may also collaborate with other | ||||||
| 2 | hospital-based mammography facilities. | ||||||
| 3 | The Department shall establish a methodology to remind | ||||||
| 4 | women who are age-appropriate for screening mammography, but | ||||||
| 5 | who have not received a mammogram within the previous 18 | ||||||
| 6 | months, of the importance and benefit of screening mammography. | ||||||
| 7 | The Department shall establish a performance goal for | ||||||
| 8 | primary care providers with respect to their female patients | ||||||
| 9 | over age 40 receiving an annual mammogram. This performance | ||||||
| 10 | goal shall be used to provide additional reimbursement in the | ||||||
| 11 | form of a quality performance bonus to primary care providers | ||||||
| 12 | who meet that goal. | ||||||
| 13 | The Department shall devise a means of case-managing or | ||||||
| 14 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 15 | cancer. This program shall initially operate as a pilot program | ||||||
| 16 | in areas of the State with the highest incidence of mortality | ||||||
| 17 | related to breast cancer. At least one pilot program site shall | ||||||
| 18 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 19 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
| 20 | pilot program shall be carried out measuring health outcomes | ||||||
| 21 | and cost of care for those served by the pilot program compared | ||||||
| 22 | to similarly situated patients who are not served by the pilot | ||||||
| 23 | program. | ||||||
| 24 | Any medical or health care provider shall immediately | ||||||
| 25 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 26 | services and is suspected
of drug abuse or is addicted as | ||||||
| |||||||
| |||||||
| 1 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 2 | Act, referral to a local substance abuse treatment provider
| ||||||
| 3 | licensed by the Department of Human Services or to a licensed
| ||||||
| 4 | hospital which provides substance abuse treatment services. | ||||||
| 5 | The Department of Healthcare and Family Services
shall assure | ||||||
| 6 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 7 | addiction for pregnant recipients in accordance with the | ||||||
| 8 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 9 | Human Services.
| ||||||
| 10 | All medical providers providing medical assistance to | ||||||
| 11 | pregnant women
under this Code shall receive information from | ||||||
| 12 | the Department on the
availability of services under the Drug | ||||||
| 13 | Free Families with a Future or any
comparable program providing | ||||||
| 14 | case management services for addicted women,
including | ||||||
| 15 | information on appropriate referrals for other social services
| ||||||
| 16 | that may be needed by addicted women in addition to treatment | ||||||
| 17 | for addiction.
| ||||||
| 18 | The Illinois Department, in cooperation with the | ||||||
| 19 | Departments of Human
Services (as successor to the Department | ||||||
| 20 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 21 | public awareness campaign, may
provide information concerning | ||||||
| 22 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 23 | health care, and other pertinent programs directed at
reducing | ||||||
| 24 | the number of drug-affected infants born to recipients of | ||||||
| 25 | medical
assistance.
| ||||||
| 26 | Neither the Department of Healthcare and Family Services | ||||||
| |||||||
| |||||||
| 1 | nor the Department of Human
Services shall sanction the | ||||||
| 2 | recipient solely on the basis of
her substance abuse.
| ||||||
| 3 | The Illinois Department shall establish such regulations | ||||||
| 4 | governing
the dispensing of health services under this Article | ||||||
| 5 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 6 | advice of formal professional advisory committees appointed by
| ||||||
| 7 | the Director of the Illinois Department for the purpose of | ||||||
| 8 | providing regular
advice on policy and administrative matters, | ||||||
| 9 | information dissemination and
educational activities for | ||||||
| 10 | medical and health care providers, and
consistency in | ||||||
| 11 | procedures to the Illinois Department.
| ||||||
| 12 | The Illinois Department may develop and contract with | ||||||
| 13 | Partnerships of
medical providers to arrange medical services | ||||||
| 14 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 15 | Implementation of this Section may be by
demonstration projects | ||||||
| 16 | in certain geographic areas. The Partnership shall
be | ||||||
| 17 | represented by a sponsor organization. The Department, by rule, | ||||||
| 18 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 19 | Nothing in this
Section shall be construed to require that the | ||||||
| 20 | sponsor organization be a
medical organization.
| ||||||
| 21 | The sponsor must negotiate formal written contracts with | ||||||
| 22 | medical
providers for physician services, inpatient and | ||||||
| 23 | outpatient hospital care,
home health services, treatment for | ||||||
| 24 | alcoholism and substance abuse, and
other services determined | ||||||
| 25 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 26 | Partnerships. Physician services must include prenatal and
| ||||||
| |||||||
| |||||||
| 1 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 2 | medical services
delivered by Partnership providers to clients | ||||||
| 3 | in target areas according to
provisions of this Article and the | ||||||
| 4 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 5 | (1) Physicians participating in a Partnership and | ||||||
| 6 | providing certain
services, which shall be determined by | ||||||
| 7 | the Illinois Department, to persons
in areas covered by the | ||||||
| 8 | Partnership may receive an additional surcharge
for such | ||||||
| 9 | services.
| ||||||
| 10 | (2) The Department may elect to consider and negotiate | ||||||
| 11 | financial
incentives to encourage the development of | ||||||
| 12 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 13 | (3) Persons receiving medical services through | ||||||
| 14 | Partnerships may receive
medical and case management | ||||||
| 15 | services above the level usually offered
through the | ||||||
| 16 | medical assistance program.
| ||||||
| 17 | Medical providers shall be required to meet certain | ||||||
| 18 | qualifications to
participate in Partnerships to ensure the | ||||||
| 19 | delivery of high quality medical
services. These | ||||||
| 20 | qualifications shall be determined by rule of the Illinois
| ||||||
| 21 | Department and may be higher than qualifications for | ||||||
| 22 | participation in the
medical assistance program. Partnership | ||||||
| 23 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 24 | for participation by medical providers, only with
the prior | ||||||
| 25 | written approval of the Illinois Department.
| ||||||
| 26 | Nothing in this Section shall limit the free choice of | ||||||
| |||||||
| |||||||
| 1 | practitioners,
hospitals, and other providers of medical | ||||||
| 2 | services by clients.
In order to ensure patient freedom of | ||||||
| 3 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 4 | all rules and take all other necessary actions so that
provided | ||||||
| 5 | services may be accessed from therapeutically certified | ||||||
| 6 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 7 | Practice Act of 1987 without
discriminating between service | ||||||
| 8 | providers.
| ||||||
| 9 | The Department shall apply for a waiver from the United | ||||||
| 10 | States Health
Care Financing Administration to allow for the | ||||||
| 11 | implementation of
Partnerships under this Section.
| ||||||
| 12 | The Illinois Department shall require health care | ||||||
| 13 | providers to maintain
records that document the medical care | ||||||
| 14 | and services provided to recipients
of Medical Assistance under | ||||||
| 15 | this Article. Such records must be retained for a period of not | ||||||
| 16 | less than 6 years from the date of service or as provided by | ||||||
| 17 | applicable State law, whichever period is longer, except that | ||||||
| 18 | if an audit is initiated within the required retention period | ||||||
| 19 | then the records must be retained until the audit is completed | ||||||
| 20 | and every exception is resolved. The Illinois Department shall
| ||||||
| 21 | require health care providers to make available, when | ||||||
| 22 | authorized by the
patient, in writing, the medical records in a | ||||||
| 23 | timely fashion to other
health care providers who are treating | ||||||
| 24 | or serving persons eligible for
Medical Assistance under this | ||||||
| 25 | Article. All dispensers of medical services
shall be required | ||||||
| 26 | to maintain and retain business and professional records
| ||||||
| |||||||
| |||||||
| 1 | sufficient to fully and accurately document the nature, scope, | ||||||
| 2 | details and
receipt of the health care provided to persons | ||||||
| 3 | eligible for medical
assistance under this Code, in accordance | ||||||
| 4 | with regulations promulgated by
the Illinois Department. The | ||||||
| 5 | rules and regulations shall require that proof
of the receipt | ||||||
| 6 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 7 | eyeglasses by eligible persons under this Section accompany | ||||||
| 8 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 9 | medical services.
No such claims for reimbursement shall be | ||||||
| 10 | approved for payment by the Illinois
Department without such | ||||||
| 11 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 12 | into effect and shall be operating a system of post-payment
| ||||||
| 13 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 14 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 15 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 16 | is being made are actually being
received by eligible | ||||||
| 17 | recipients. Within 90 days after the effective date of
this | ||||||
| 18 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
| 19 | a
current list of acquisition costs for all prosthetic devices | ||||||
| 20 | and any
other items recognized as medical equipment and | ||||||
| 21 | supplies reimbursable under
this Article and shall update such | ||||||
| 22 | list on a quarterly basis, except that
the acquisition costs of | ||||||
| 23 | all prescription drugs shall be updated no
less frequently than | ||||||
| 24 | every 30 days as required by Section 5-5.12.
| ||||||
| 25 | The rules and regulations of the Illinois Department shall | ||||||
| 26 | require
that a written statement including the required opinion | ||||||
| |||||||
| |||||||
| 1 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 2 | abortions, or induced
miscarriages or premature births. This | ||||||
| 3 | statement shall indicate what
procedures were used in providing | ||||||
| 4 | such medical services.
| ||||||
| 5 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 6 | Department shall, within 365 days after July 22, 2013, (the | ||||||
| 7 | effective date of Public Act 98-104), establish procedures to | ||||||
| 8 | permit skilled care facilities licensed under the Nursing Home | ||||||
| 9 | Care Act to submit monthly billing claims for reimbursement | ||||||
| 10 | purposes. Following development of these procedures, the | ||||||
| 11 | Department shall have an additional 365 days to test the | ||||||
| 12 | viability of the new system and to ensure that any necessary | ||||||
| 13 | operational or structural changes to its information | ||||||
| 14 | technology platforms are implemented. | ||||||
| 15 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 16 | Department shall, within 365 days after August 15, 2014 (the | ||||||
| 17 | effective date of Public Act 98-963) this amendatory Act of the | ||||||
| 18 | 98th General Assembly, establish procedures to permit ID/DD | ||||||
| 19 | facilities licensed under the ID/DD Community Care Act to | ||||||
| 20 | submit monthly billing claims for reimbursement purposes. | ||||||
| 21 | Following development of these procedures, the Department | ||||||
| 22 | shall have an additional 365 days to test the viability of the | ||||||
| 23 | new system and to ensure that any necessary operational or | ||||||
| 24 | structural changes to its information technology platforms are | ||||||
| 25 | implemented. | ||||||
| 26 | The Illinois Department shall require all dispensers of | ||||||
| |||||||
| |||||||
| 1 | medical
services, other than an individual practitioner or | ||||||
| 2 | group of practitioners,
desiring to participate in the Medical | ||||||
| 3 | Assistance program
established under this Article to disclose | ||||||
| 4 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 5 | interests in any and all firms,
corporations, partnerships, | ||||||
| 6 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 7 | institutions or other legal entities providing any
form of | ||||||
| 8 | health care services in this State under this Article.
| ||||||
| 9 | The Illinois Department may require that all dispensers of | ||||||
| 10 | medical
services desiring to participate in the medical | ||||||
| 11 | assistance program
established under this Article disclose, | ||||||
| 12 | under such terms and conditions as
the Illinois Department may | ||||||
| 13 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 14 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 15 | inquiries could indicate potential existence of claims or liens | ||||||
| 16 | for the
Illinois Department.
| ||||||
| 17 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 18 | period and shall be conditional for one year. During the period | ||||||
| 19 | of conditional enrollment, the Department may
terminate the | ||||||
| 20 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 21 | vendor from, the medical assistance
program without cause. | ||||||
| 22 | Unless otherwise specified, such termination of eligibility or | ||||||
| 23 | disenrollment is not subject to the
Department's hearing | ||||||
| 24 | process.
However, a disenrolled vendor may reapply without | ||||||
| 25 | penalty.
| ||||||
| 26 | The Department has the discretion to limit the conditional | ||||||
| |||||||
| |||||||
| 1 | enrollment period for vendors based upon category of risk of | ||||||
| 2 | the vendor. | ||||||
| 3 | Prior to enrollment and during the conditional enrollment | ||||||
| 4 | period in the medical assistance program, all vendors shall be | ||||||
| 5 | subject to enhanced oversight, screening, and review based on | ||||||
| 6 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 7 | category of risk of the vendor. The Illinois Department shall | ||||||
| 8 | establish the procedures for oversight, screening, and review, | ||||||
| 9 | which may include, but need not be limited to: criminal and | ||||||
| 10 | financial background checks; fingerprinting; license, | ||||||
| 11 | certification, and authorization verifications; unscheduled or | ||||||
| 12 | unannounced site visits; database checks; prepayment audit | ||||||
| 13 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 14 | screening as required by federal or State law. | ||||||
| 15 | The Department shall define or specify the following: (i) | ||||||
| 16 | by provider notice, the "category of risk of the vendor" for | ||||||
| 17 | each type of vendor, which shall take into account the level of | ||||||
| 18 | screening applicable to a particular category of vendor under | ||||||
| 19 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 20 | the maximum length of the conditional enrollment period for | ||||||
| 21 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 22 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 23 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 24 | the conditional enrollment period. | ||||||
| 25 | To be eligible for payment consideration, a vendor's | ||||||
| 26 | payment claim or bill, either as an initial claim or as a | ||||||
| |||||||
| |||||||
| 1 | resubmitted claim following prior rejection, must be received | ||||||
| 2 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 3 | later than 180 days after the latest date on the claim on which | ||||||
| 4 | medical goods or services were provided, with the following | ||||||
| 5 | exceptions: | ||||||
| 6 | (1) In the case of a provider whose enrollment is in | ||||||
| 7 | process by the Illinois Department, the 180-day period | ||||||
| 8 | shall not begin until the date on the written notice from | ||||||
| 9 | the Illinois Department that the provider enrollment is | ||||||
| 10 | complete. | ||||||
| 11 | (2) In the case of errors attributable to the Illinois | ||||||
| 12 | Department or any of its claims processing intermediaries | ||||||
| 13 | which result in an inability to receive, process, or | ||||||
| 14 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 15 | until the provider has been notified of the error. | ||||||
| 16 | (3) In the case of a provider for whom the Illinois | ||||||
| 17 | Department initiates the monthly billing process. | ||||||
| 18 | (4) In the case of a provider operated by a unit of | ||||||
| 19 | local government with a population exceeding 3,000,000 | ||||||
| 20 | when local government funds finance federal participation | ||||||
| 21 | for claims payments. | ||||||
| 22 | For claims for services rendered during a period for which | ||||||
| 23 | a recipient received retroactive eligibility, claims must be | ||||||
| 24 | filed within 180 days after the Department determines the | ||||||
| 25 | applicant is eligible. For claims for which the Illinois | ||||||
| 26 | Department is not the primary payer, claims must be submitted | ||||||
| |||||||
| |||||||
| 1 | to the Illinois Department within 180 days after the final | ||||||
| 2 | adjudication by the primary payer. | ||||||
| 3 | In the case of long term care facilities, within 5 days of | ||||||
| 4 | receipt by the facility of required prescreening information, | ||||||
| 5 | data for new admissions shall be entered into the Medical | ||||||
| 6 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 7 | Eligibility Verification (REV) System or successor system, and | ||||||
| 8 | within 15 days of receipt by the facility of required | ||||||
| 9 | prescreening information, admission documents shall be | ||||||
| 10 | submitted through MEDI or REV or shall be submitted directly to | ||||||
| 11 | the Department of Human Services using required admission | ||||||
| 12 | forms. Effective September
1, 2014, admission documents, | ||||||
| 13 | including all prescreening
information, must be submitted | ||||||
| 14 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
| 15 | accepted transaction shall be retained by a facility to verify | ||||||
| 16 | timely submittal. Once an admission transaction has been | ||||||
| 17 | completed, all resubmitted claims following prior rejection | ||||||
| 18 | are subject to receipt no later than 180 days after the | ||||||
| 19 | admission transaction has been completed. | ||||||
| 20 | Claims that are not submitted and received in compliance | ||||||
| 21 | with the foregoing requirements shall not be eligible for | ||||||
| 22 | payment under the medical assistance program, and the State | ||||||
| 23 | shall have no liability for payment of those claims. | ||||||
| 24 | To the extent consistent with applicable information and | ||||||
| 25 | privacy, security, and disclosure laws, State and federal | ||||||
| 26 | agencies and departments shall provide the Illinois Department | ||||||
| |||||||
| |||||||
| 1 | access to confidential and other information and data necessary | ||||||
| 2 | to perform eligibility and payment verifications and other | ||||||
| 3 | Illinois Department functions. This includes, but is not | ||||||
| 4 | limited to: information pertaining to licensure; | ||||||
| 5 | certification; earnings; immigration status; citizenship; wage | ||||||
| 6 | reporting; unearned and earned income; pension income; | ||||||
| 7 | employment; supplemental security income; social security | ||||||
| 8 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 9 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 10 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 11 | corporate information; and death records. | ||||||
| 12 | The Illinois Department shall enter into agreements with | ||||||
| 13 | State agencies and departments, and is authorized to enter into | ||||||
| 14 | agreements with federal agencies and departments, under which | ||||||
| 15 | such agencies and departments shall share data necessary for | ||||||
| 16 | medical assistance program integrity functions and oversight. | ||||||
| 17 | The Illinois Department shall develop, in cooperation with | ||||||
| 18 | other State departments and agencies, and in compliance with | ||||||
| 19 | applicable federal laws and regulations, appropriate and | ||||||
| 20 | effective methods to share such data. At a minimum, and to the | ||||||
| 21 | extent necessary to provide data sharing, the Illinois | ||||||
| 22 | Department shall enter into agreements with State agencies and | ||||||
| 23 | departments, and is authorized to enter into agreements with | ||||||
| 24 | federal agencies and departments, including but not limited to: | ||||||
| 25 | the Secretary of State; the Department of Revenue; the | ||||||
| 26 | Department of Public Health; the Department of Human Services; | ||||||
| |||||||
| |||||||
| 1 | and the Department of Financial and Professional Regulation. | ||||||
| 2 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 3 | shall set forth a request for information to identify the | ||||||
| 4 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 5 | claims system with the goals of streamlining claims processing | ||||||
| 6 | and provider reimbursement, reducing the number of pending or | ||||||
| 7 | rejected claims, and helping to ensure a more transparent | ||||||
| 8 | adjudication process through the utilization of: (i) provider | ||||||
| 9 | data verification and provider screening technology; and (ii) | ||||||
| 10 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 11 | post-adjudicated predictive modeling with an integrated case | ||||||
| 12 | management system with link analysis. Such a request for | ||||||
| 13 | information shall not be considered as a request for proposal | ||||||
| 14 | or as an obligation on the part of the Illinois Department to | ||||||
| 15 | take any action or acquire any products or services. | ||||||
| 16 | The Illinois Department shall establish policies, | ||||||
| 17 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 18 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 19 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 20 | limited to, the following services: (1)
immediate repair or | ||||||
| 21 | replacement of such devices by recipients; and (2) rental, | ||||||
| 22 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 23 | in a cost-effective manner, taking into
consideration the | ||||||
| 24 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 25 | needs, and the requirements and costs for maintaining such
| ||||||
| 26 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| |||||||
| |||||||
| 1 | recipient to temporarily acquire and
use alternative or | ||||||
| 2 | substitute devices or equipment pending repairs or
| ||||||
| 3 | replacements of any device or equipment previously authorized | ||||||
| 4 | for such
recipient by the Department.
| ||||||
| 5 | The Department shall execute, relative to the nursing home | ||||||
| 6 | prescreening
project, written inter-agency agreements with the | ||||||
| 7 | Department of Human
Services and the Department on Aging, to | ||||||
| 8 | effect the following: (i) intake
procedures and common | ||||||
| 9 | eligibility criteria for those persons who are receiving
| ||||||
| 10 | non-institutional services; and (ii) the establishment and | ||||||
| 11 | development of
non-institutional services in areas of the State | ||||||
| 12 | where they are not currently
available or are undeveloped; and | ||||||
| 13 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 14 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 15 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 16 | for institutional and home and community-based long term care; | ||||||
| 17 | if and only if federal approval is not granted, the Department | ||||||
| 18 | may, in conjunction with other affected agencies, implement | ||||||
| 19 | utilization controls or changes in benefit packages to | ||||||
| 20 | effectuate a similar savings amount for this population; and | ||||||
| 21 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 22 | eligibility criteria for institutional and home and | ||||||
| 23 | community-based long term care; and (v) no later than October | ||||||
| 24 | 1, 2013, establish procedures to permit long term care | ||||||
| 25 | providers access to eligibility scores for individuals with an | ||||||
| 26 | admission date who are seeking or receiving services from the | ||||||
| |||||||
| |||||||
| 1 | long term care provider. In order to select the minimum level | ||||||
| 2 | of care eligibility criteria, the Governor shall establish a | ||||||
| 3 | workgroup that includes affected agency representatives and | ||||||
| 4 | stakeholders representing the institutional and home and | ||||||
| 5 | community-based long term care interests. This Section shall | ||||||
| 6 | not restrict the Department from implementing lower level of | ||||||
| 7 | care eligibility criteria for community-based services in | ||||||
| 8 | circumstances where federal approval has been granted.
| ||||||
| 9 | The Illinois Department shall develop and operate, in | ||||||
| 10 | cooperation
with other State Departments and agencies and in | ||||||
| 11 | compliance with
applicable federal laws and regulations, | ||||||
| 12 | appropriate and effective
systems of health care evaluation and | ||||||
| 13 | programs for monitoring of
utilization of health care services | ||||||
| 14 | and facilities, as it affects
persons eligible for medical | ||||||
| 15 | assistance under this Code.
| ||||||
| 16 | The Illinois Department shall report annually to the | ||||||
| 17 | General Assembly,
no later than the second Friday in April of | ||||||
| 18 | 1979 and each year
thereafter, in regard to:
| ||||||
| 19 | (a) actual statistics and trends in utilization of | ||||||
| 20 | medical services by
public aid recipients;
| ||||||
| 21 | (b) actual statistics and trends in the provision of | ||||||
| 22 | the various medical
services by medical vendors;
| ||||||
| 23 | (c) current rate structures and proposed changes in | ||||||
| 24 | those rate structures
for the various medical vendors; and
| ||||||
| 25 | (d) efforts at utilization review and control by the | ||||||
| 26 | Illinois Department.
| ||||||
| |||||||
| |||||||
| 1 | The period covered by each report shall be the 3 years | ||||||
| 2 | ending on the June
30 prior to the report. The report shall | ||||||
| 3 | include suggested legislation
for consideration by the General | ||||||
| 4 | Assembly. The filing of one copy of the
report with the | ||||||
| 5 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 6 | the Clerk of the House of Representatives, one copy with the | ||||||
| 7 | President,
one copy with the Minority Leader and one copy with | ||||||
| 8 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 9 | Research Unit, and such additional
copies
with the State | ||||||
| 10 | Government Report Distribution Center for the General
Assembly | ||||||
| 11 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 12 | Library Act shall be deemed sufficient to comply with this | ||||||
| 13 | Section.
| ||||||
| 14 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 15 | any, is conditioned on the rules being adopted in accordance | ||||||
| 16 | with all provisions of the Illinois Administrative Procedure | ||||||
| 17 | Act and all rules and procedures of the Joint Committee on | ||||||
| 18 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 19 | whatever reason, is unauthorized. | ||||||
| 20 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 21 | rate of reimbursement for services or other payments or alter | ||||||
| 22 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 23 | reimbursement for services or other payments in accordance with | ||||||
| 24 | Section 5-5e. | ||||||
| 25 | Because kidney transplantation can be an appropriate, cost | ||||||
| 26 | effective
alternative to renal dialysis when medically | ||||||
| |||||||
| |||||||
| 1 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
| 2 | this Code, beginning October 1, 2014, the Department shall | ||||||
| 3 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 4 | renal disease who are not eligible for comprehensive medical | ||||||
| 5 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
| 6 | this Code, and who would otherwise meet the financial | ||||||
| 7 | requirements of the appropriate class of eligible persons under | ||||||
| 8 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
| 9 | transplantation, such person must be receiving emergency renal | ||||||
| 10 | dialysis services covered by the Department. Providers under | ||||||
| 11 | this Section shall be prior approved and certified by the | ||||||
| 12 | Department to perform kidney transplantation and the services | ||||||
| 13 | under this Section shall be limited to services associated with | ||||||
| 14 | kidney transplantation. | ||||||
| 15 | (Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689, | ||||||
| 16 | eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section | ||||||
| 17 | 9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff. | ||||||
| 18 | 7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651, | ||||||
| 19 | eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14; | ||||||
| 20 | revised 10-2-14.)
| ||||||
| 21 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
| 22 | Sec. 5-5.2. Payment.
| ||||||
| 23 | (a) All nursing facilities that are grouped pursuant to | ||||||
| 24 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
| 25 | payment for similar
services.
| ||||||
| |||||||
| |||||||
| 1 | (b) It shall be a matter of State policy that the Illinois | ||||||
| 2 | Department
shall utilize a uniform billing cycle throughout the | ||||||
| 3 | State for the
long-term care providers.
| ||||||
| 4 | (c) Notwithstanding any other provisions of this Code, the | ||||||
| 5 | methodologies for reimbursement of nursing services as | ||||||
| 6 | provided under this Article shall no longer be applicable for | ||||||
| 7 | bills payable for nursing services rendered on or after a new | ||||||
| 8 | reimbursement system based on the Resource Utilization Groups | ||||||
| 9 | (RUGs) has been fully operationalized, which shall take effect | ||||||
| 10 | for services provided on or after January 1, 2014. | ||||||
| 11 | (d) The new nursing services reimbursement methodology | ||||||
| 12 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
| 13 | as the RUGs reimbursement system, taking effect January 1, | ||||||
| 14 | 2014, shall be based on the following: | ||||||
| 15 | (1) The methodology shall be resident-driven, | ||||||
| 16 | facility-specific, and cost-based. | ||||||
| 17 | (2) Costs shall be annually rebased and case mix index | ||||||
| 18 | quarterly updated. The nursing services methodology will | ||||||
| 19 | be assigned to the Medicaid enrolled residents on record as | ||||||
| 20 | of 30 days prior to the beginning of the rate period in the | ||||||
| 21 | Department's Medicaid Management Information System (MMIS) | ||||||
| 22 | as present on the last day of the second quarter preceding | ||||||
| 23 | the rate period based upon the Assessment Reference Date of | ||||||
| 24 | the Minimum Data Set (MDS). | ||||||
| 25 | (3) Regional wage adjustors based on the Health Service | ||||||
| 26 | Areas (HSA) groupings and adjusters in effect on April 30, | ||||||
| |||||||
| |||||||
| 1 | 2012 shall be included. | ||||||
| 2 | (4) Case mix index shall be assigned to each resident | ||||||
| 3 | class based on the Centers for Medicare and Medicaid | ||||||
| 4 | Services staff time measurement study in effect on July 1, | ||||||
| 5 | 2013, utilizing an index maximization approach. | ||||||
| 6 | (5) The pool of funds available for distribution by | ||||||
| 7 | case mix and the base facility rate shall be determined | ||||||
| 8 | using the formula contained in subsection (d-1). | ||||||
| 9 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
| 10 | base per diem rate. | ||||||
| 11 | (1) Base rate spending pool shall be: | ||||||
| 12 | (A) The base year resident days which are | ||||||
| 13 | calculated by multiplying the number of Medicaid | ||||||
| 14 | residents in each nursing home as indicated in the MDS | ||||||
| 15 | data defined in paragraph (4) by 365. | ||||||
| 16 | (B) Each facility's nursing component per diem in | ||||||
| 17 | effect on July 1, 2012 shall be multiplied by | ||||||
| 18 | subsection (A). | ||||||
| 19 | (C) Thirteen million is added to the product of | ||||||
| 20 | subparagraph (A) and subparagraph (B) to adjust for the | ||||||
| 21 | exclusion of nursing homes defined in paragraph (5). | ||||||
| 22 | (2) For each nursing home with Medicaid residents as | ||||||
| 23 | indicated by the MDS data defined in paragraph (4), | ||||||
| 24 | weighted days adjusted for case mix and regional wage | ||||||
| 25 | adjustment shall be calculated. For each home this | ||||||
| 26 | calculation is the product of: | ||||||
| |||||||
| |||||||
| 1 | (A) Base year resident days as calculated in | ||||||
| 2 | subparagraph (A) of paragraph (1). | ||||||
| 3 | (B) The nursing home's regional wage adjustor | ||||||
| 4 | based on the Health Service Areas (HSA) groupings and | ||||||
| 5 | adjustors in effect on April 30, 2012. | ||||||
| 6 | (C) Facility weighted case mix which is the number | ||||||
| 7 | of Medicaid residents as indicated by the MDS data | ||||||
| 8 | defined in paragraph (4) multiplied by the associated | ||||||
| 9 | case weight for the RUG-IV 48 grouper model using | ||||||
| 10 | standard RUG-IV procedures for index maximization. | ||||||
| 11 | (D) The sum of the products calculated for each | ||||||
| 12 | nursing home in subparagraphs (A) through (C) above | ||||||
| 13 | shall be the base year case mix, rate adjusted weighted | ||||||
| 14 | days. | ||||||
| 15 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
| 16 | (A) on January 1, 2014 shall be the quotient of the | ||||||
| 17 | paragraph (1) divided by the sum calculated under | ||||||
| 18 | subparagraph (D) of paragraph (2); and | ||||||
| 19 | (B) on and after July 1, 2014, shall be the amount | ||||||
| 20 | calculated under subparagraph (A) of this paragraph | ||||||
| 21 | (3) plus $1.76. | ||||||
| 22 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
| 23 | for Medicaid residents on the last day of the quarter used | ||||||
| 24 | to establish the base rate. | ||||||
| 25 | (5) Nursing facilities designated as of July 1, 2012 by | ||||||
| 26 | the Department as "Institutions for Mental Disease" shall | ||||||
| |||||||
| |||||||
| 1 | be excluded from all calculations under this subsection. | ||||||
| 2 | The data from these facilities shall not be used in the | ||||||
| 3 | computations described in paragraphs (1) through (4) above | ||||||
| 4 | to establish the base rate. | ||||||
| 5 | (e) Beginning July 1, 2014, the Department shall allocate | ||||||
| 6 | funding in the amount up to $10,000,000 for per diem add-ons to | ||||||
| 7 | the RUGS methodology for dates of service on and after July 1, | ||||||
| 8 | 2014: | ||||||
| 9 | (1) $0.63 for each resident who scores in I4200 | ||||||
| 10 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
| 11 | (2) $2.67 for each resident who scores either a "1" or | ||||||
| 12 | "2" in any items S1200A through S1200I and also scores in | ||||||
| 13 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
| 14 | (e-1) (Blank). | ||||||
| 15 | (e-2) For dates of services beginning January 1, 2014, the | ||||||
| 16 | RUG-IV nursing component per diem for a nursing home shall be | ||||||
| 17 | the product of the statewide RUG-IV nursing base per diem rate, | ||||||
| 18 | the facility average case mix index, and the regional wage | ||||||
| 19 | adjustor. Transition rates for services provided between | ||||||
| 20 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
| 21 | (1) The transition RUG-IV per diem nursing rate for | ||||||
| 22 | nursing homes whose rate calculated in this subsection | ||||||
| 23 | (e-2) is greater than the nursing component rate in effect | ||||||
| 24 | July 1, 2012 shall be paid the sum of: | ||||||
| 25 | (A) The nursing component rate in effect July 1, | ||||||
| 26 | 2012; plus | ||||||
| |||||||
| |||||||
| 1 | (B) The difference of the RUG-IV nursing component | ||||||
| 2 | per diem calculated for the current quarter minus the | ||||||
| 3 | nursing component rate in effect July 1, 2012 | ||||||
| 4 | multiplied by 0.88. | ||||||
| 5 | (2) The transition RUG-IV per diem nursing rate for | ||||||
| 6 | nursing homes whose rate calculated in this subsection | ||||||
| 7 | (e-2) is less than the nursing component rate in effect | ||||||
| 8 | July 1, 2012 shall be paid the sum of: | ||||||
| 9 | (A) The nursing component rate in effect July 1, | ||||||
| 10 | 2012; plus | ||||||
| 11 | (B) The difference of the RUG-IV nursing component | ||||||
| 12 | per diem calculated for the current quarter minus the | ||||||
| 13 | nursing component rate in effect July 1, 2012 | ||||||
| 14 | multiplied by 0.13. | ||||||
| 15 | (f) Notwithstanding any other provision of this Code, on | ||||||
| 16 | and after July 1, 2012, reimbursement rates associated with the | ||||||
| 17 | nursing or support components of the current nursing facility | ||||||
| 18 | rate methodology shall not increase beyond the level effective | ||||||
| 19 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
| 20 | IV 48 grouper model has been fully operationalized. | ||||||
| 21 | (g) Notwithstanding any other provision of this Code, on | ||||||
| 22 | and after July 1, 2012, for facilities not designated by the | ||||||
| 23 | Department of Healthcare and Family Services as "Institutions | ||||||
| 24 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
| 25 | adjusted as follows: | ||||||
| 26 | (1) Individual nursing rates for residents classified | ||||||
| |||||||
| |||||||
| 1 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
| 2 | ending March 31, 2012 shall be reduced by 10%; | ||||||
| 3 | (2) Individual nursing rates for residents classified | ||||||
| 4 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
| 5 | (3) Facility rates for the capital and support | ||||||
| 6 | components shall be reduced by 1.7%. | ||||||
| 7 | (h) Notwithstanding any other provision of this Code, on | ||||||
| 8 | and after July 1, 2012, nursing facilities designated by the | ||||||
| 9 | Department of Healthcare and Family Services as "Institutions | ||||||
| 10 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
| 11 | are facilities licensed under the Specialized Mental Health | ||||||
| 12 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
| 13 | socio-developmental, capital, and support components of their | ||||||
| 14 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
| 15 | 2.7%. | ||||||
| 16 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
| 17 | the support component of the nursing facility rate for | ||||||
| 18 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
| 19 | or intermediate care facilities shall be the rate in effect on | ||||||
| 20 | June 30, 2014 increased by 8.17%. | ||||||
| 21 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section | ||||||
| 22 | 6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff. | ||||||
| 23 | 7-22-13; 98-651, eff. 6-16-14; 98-727, eff. 7-16-14; 98-756, | ||||||
| 24 | eff. 7-16-14; revised 10-2-14.)
| ||||||
| 25 | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5A-5. Notice; penalty; maintenance of records.
| ||||||
| 2 | (a)
The Illinois Department shall send a
notice of | ||||||
| 3 | assessment to every hospital provider subject
to assessment | ||||||
| 4 | under this Article. The notice of assessment shall notify the | ||||||
| 5 | hospital of its assessment and shall be sent after receipt by | ||||||
| 6 | the Department of notification from the Centers for Medicare | ||||||
| 7 | and Medicaid Services of the U.S. Department of Health and | ||||||
| 8 | Human Services that the payment methodologies required under | ||||||
| 9 | this Article and, if necessary, the waiver granted under 42 CFR | ||||||
| 10 | 433.68 have been approved. The notice
shall be on a form
| ||||||
| 11 | prepared by the Illinois Department and shall state the | ||||||
| 12 | following:
| ||||||
| 13 | (1) The name of the hospital provider.
| ||||||
| 14 | (2) The address of the hospital provider's principal | ||||||
| 15 | place
of business from which the provider engages in the | ||||||
| 16 | occupation of hospital
provider in this State, and the name | ||||||
| 17 | and address of each hospital
operated, conducted, or | ||||||
| 18 | maintained by the provider in this State.
| ||||||
| 19 | (3) The occupied bed days, occupied bed days less | ||||||
| 20 | Medicare days, adjusted gross hospital revenue, or | ||||||
| 21 | outpatient gross revenue of the
hospital
provider | ||||||
| 22 | (whichever is applicable), the amount of
assessment | ||||||
| 23 | imposed under Section 5A-2 for the State fiscal year
for | ||||||
| 24 | which the notice is sent, and the amount of
each
| ||||||
| 25 | installment to be paid during the State fiscal year.
| ||||||
| 26 | (4) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (5) Other reasonable information as determined by the | ||||||
| 2 | Illinois
Department.
| ||||||
| 3 | (b) If a hospital provider conducts, operates, or
maintains | ||||||
| 4 | more than one hospital licensed by the Illinois
Department of | ||||||
| 5 | Public Health, the provider shall pay the
assessment for each | ||||||
| 6 | hospital separately.
| ||||||
| 7 | (c) Notwithstanding any other provision in this Article, in
| ||||||
| 8 | the case of a person who ceases to conduct, operate, or | ||||||
| 9 | maintain a
hospital in respect of which the person is subject | ||||||
| 10 | to assessment
under this Article as a hospital provider, the | ||||||
| 11 | assessment for the State
fiscal year in which the cessation | ||||||
| 12 | occurs shall be adjusted by
multiplying the assessment computed | ||||||
| 13 | under Section 5A-2 by a
fraction, the numerator of which is the | ||||||
| 14 | number of days in the
year during which the provider conducts, | ||||||
| 15 | operates, or maintains
the hospital and the denominator of | ||||||
| 16 | which is 365. Immediately
upon ceasing to conduct, operate, or | ||||||
| 17 | maintain a hospital, the person
shall pay the assessment
for | ||||||
| 18 | the year as so adjusted (to the extent not previously paid).
| ||||||
| 19 | (d) Notwithstanding any other provision in this Article, a
| ||||||
| 20 | provider who commences conducting, operating, or maintaining a
| ||||||
| 21 | hospital, upon notice by the Illinois Department,
shall pay the | ||||||
| 22 | assessment computed under Section 5A-2 and
subsection (e) in | ||||||
| 23 | installments on the due dates stated in the
notice and on the | ||||||
| 24 | regular installment due dates for the State
fiscal year | ||||||
| 25 | occurring after the due dates of the initial
notice.
| ||||||
| 26 | (e)
Notwithstanding any other provision in this Article, | ||||||
| |||||||
| |||||||
| 1 | for State fiscal years 2009 through 2018 2015, in the case of a | ||||||
| 2 | hospital provider that did not conduct, operate, or maintain a | ||||||
| 3 | hospital in 2005, the assessment for that State fiscal year | ||||||
| 4 | shall be computed on the basis of hypothetical occupied bed | ||||||
| 5 | days for the full calendar year as determined by the Illinois | ||||||
| 6 | Department. Notwithstanding any other provision in this | ||||||
| 7 | Article, for the portion of State fiscal year 2012 beginning | ||||||
| 8 | June 10, 2012 through June 30, 2012, and for State fiscal years | ||||||
| 9 | 2013 through 2018, in the case of a hospital provider that did | ||||||
| 10 | not conduct, operate, or maintain a hospital in 2009, the | ||||||
| 11 | assessment under subsection (b-5) of Section 5A-2 for that | ||||||
| 12 | State fiscal year shall be computed on the basis of | ||||||
| 13 | hypothetical gross outpatient revenue for the full calendar | ||||||
| 14 | year as determined by the Illinois Department.
| ||||||
| 15 | (f) Every hospital provider subject to assessment under | ||||||
| 16 | this Article shall keep sufficient records to permit the | ||||||
| 17 | determination of adjusted gross hospital revenue for the | ||||||
| 18 | hospital's fiscal year. All such records shall be kept in the | ||||||
| 19 | English language and shall, at all times during regular | ||||||
| 20 | business hours of the day, be subject to inspection by the | ||||||
| 21 | Illinois Department or its duly authorized agents and | ||||||
| 22 | employees.
| ||||||
| 23 | (g) The Illinois Department may, by rule, provide a | ||||||
| 24 | hospital provider a reasonable opportunity to request a | ||||||
| 25 | clarification or correction of any clerical or computational | ||||||
| 26 | errors contained in the calculation of its assessment, but such | ||||||
| |||||||
| |||||||
| 1 | corrections shall not extend to updating the cost report | ||||||
| 2 | information used to calculate the assessment.
| ||||||
| 3 | (h) (Blank).
| ||||||
| 4 | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
| 5 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
| 6 | 6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)
| ||||||
| 7 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
| 8 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
| 9 | (a) There is created in the State Treasury the Hospital | ||||||
| 10 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
| 11 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
| 12 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
| 13 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
| 14 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
| 15 | the following
purposes, notwithstanding any other provision of | ||||||
| 16 | law:
| ||||||
| 17 | (1) For making payments to hospitals as required under | ||||||
| 18 | this Code, under the Children's Health Insurance Program | ||||||
| 19 | Act, under the Covering ALL KIDS Health Insurance Act, and | ||||||
| 20 | under the Long Term Acute Care Hospital Quality Improvement | ||||||
| 21 | Transfer Program Act.
| ||||||
| 22 | (2) For the reimbursement of moneys collected by the
| ||||||
| 23 | Illinois Department from hospitals or hospital providers | ||||||
| 24 | through error or
mistake in performing the
activities | ||||||
| 25 | authorized under this Code.
| ||||||
| |||||||
| |||||||
| 1 | (3) For payment of administrative expenses incurred by | ||||||
| 2 | the
Illinois Department or its agent in performing | ||||||
| 3 | activities
under this Code, under the Children's Health | ||||||
| 4 | Insurance Program Act, under the Covering ALL KIDS Health | ||||||
| 5 | Insurance Act, and under the Long Term Acute Care Hospital | ||||||
| 6 | Quality Improvement Transfer Program Act.
| ||||||
| 7 | (4) For payments of any amounts which are reimbursable | ||||||
| 8 | to
the federal government for payments from this Fund which | ||||||
| 9 | are
required to be paid by State warrant.
| ||||||
| 10 | (5) For making transfers, as those transfers are | ||||||
| 11 | authorized
in the proceedings authorizing debt under the | ||||||
| 12 | Short Term Borrowing Act,
but transfers made under this | ||||||
| 13 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
| 14 | issued in anticipation of the receipt by
the State of | ||||||
| 15 | moneys to be deposited into the Fund.
| ||||||
| 16 | (6) For making transfers to any other fund in the State | ||||||
| 17 | treasury, but
transfers made under this paragraph (6) shall | ||||||
| 18 | not exceed the amount transferred
previously from that | ||||||
| 19 | other fund into the Hospital Provider Fund plus any | ||||||
| 20 | interest that would have been earned by that fund on the | ||||||
| 21 | monies that had been transferred.
| ||||||
| 22 | (6.5) For making transfers to the Healthcare Provider | ||||||
| 23 | Relief Fund, except that transfers made under this | ||||||
| 24 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
| 25 | aggregate. | ||||||
| 26 | (7) For making transfers not exceeding the following | ||||||
| |||||||
| |||||||
| 1 | amounts, related to State fiscal years 2013 through 2018 in | ||||||
| 2 | each State fiscal year during which an assessment is | ||||||
| 3 | imposed pursuant to Section 5A-2, to the following | ||||||
| 4 | designated funds: | ||||||
| 5 | Health and Human Services Medicaid Trust | ||||||
| 6 | Fund..............................$20,000,000 | ||||||
| 7 | Long-Term Care Provider Fund..........$30,000,000 | ||||||
| 8 | General Revenue Fund.................$80,000,000. | ||||||
| 9 | Transfers under this paragraph shall be made within 7 days | ||||||
| 10 | after the payments have been received pursuant to the | ||||||
| 11 | schedule of payments provided in subsection (a) of Section | ||||||
| 12 | 5A-4. | ||||||
| 13 | (7.1) (Blank).
| ||||||
| 14 | (7.5) (Blank). | ||||||
| 15 | (7.8) (Blank). | ||||||
| 16 | (7.9) (Blank). | ||||||
| 17 | (7.10) For State fiscal year 2014, for making transfers | ||||||
| 18 | of the moneys resulting from the assessment under | ||||||
| 19 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 20 | providers under Section 5A-4 and transferred into the | ||||||
| 21 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 22 | funds not exceeding the following amounts in that State | ||||||
| 23 | fiscal year: | ||||||
| 24 | Health Care Provider Relief Fund.....$100,000,000 | ||||||
| 25 | Transfers under this paragraph shall be made within 7 | ||||||
| 26 | days after the payments have been received pursuant to the | ||||||
| |||||||
| |||||||
| 1 | schedule of payments provided in subsection (a) of Section | ||||||
| 2 | 5A-4. | ||||||
| 3 | The additional amount of transfers in this paragraph | ||||||
| 4 | (7.10), authorized by Public Act 98-651 this amendatory Act | ||||||
| 5 | of the 98th General Assembly, shall be made within 10 State | ||||||
| 6 | business days after June 16, 2014 (the effective date of | ||||||
| 7 | Public Act 98-651) this amendatory Act of the 98th General | ||||||
| 8 | Assembly. That authority shall remain in effect even if | ||||||
| 9 | Public Act 98-651 this amendatory Act of the 98th General | ||||||
| 10 | Assembly does not become law until State fiscal year 2015. | ||||||
| 11 | (7.10a) For State fiscal years 2015 through 2018, for | ||||||
| 12 | making transfers of the moneys resulting from the | ||||||
| 13 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| 14 | received from hospital providers under Section 5A-4 and | ||||||
| 15 | transferred into the Hospital Provider Fund under Section | ||||||
| 16 | 5A-6 to the designated funds not exceeding the following | ||||||
| 17 | amounts related to each State fiscal year: | ||||||
| 18 | Health Care Provider Relief Fund ....$50,000,000 | ||||||
| 19 | Transfers under this paragraph shall be made within 7 | ||||||
| 20 | days after the payments have been received pursuant to the | ||||||
| 21 | schedule of payments provided in subsection (a) of Section | ||||||
| 22 | 5A-4. | ||||||
| 23 | (7.11) (Blank). | ||||||
| 24 | (7.12) For State fiscal year 2013, for increasing by | ||||||
| 25 | 21/365ths the transfer of the moneys resulting from the | ||||||
| 26 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| |||||||
| |||||||
| 1 | received from hospital providers under Section 5A-4 for the | ||||||
| 2 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
| 3 | through June 30, 2012 and transferred into the Hospital | ||||||
| 4 | Provider Fund under Section 5A-6 to the designated funds | ||||||
| 5 | not exceeding the following amounts in that State fiscal | ||||||
| 6 | year: | ||||||
| 7 | Health Care Provider Relief Fund......$2,870,000 | ||||||
| 8 | Since the federal Centers for Medicare and Medicaid | ||||||
| 9 | Services approval of the assessment authorized under | ||||||
| 10 | subsection (b-5) of Section 5A-2, received from hospital | ||||||
| 11 | providers under Section 5A-4 and the payment methodologies | ||||||
| 12 | to hospitals required under Section 5A-12.4 was not | ||||||
| 13 | received by the Department until State fiscal year 2014 and | ||||||
| 14 | since the Department made retroactive payments during | ||||||
| 15 | State fiscal year 2014 related to the referenced period of | ||||||
| 16 | June 2012, the transfer authority granted in this paragraph | ||||||
| 17 | (7.12) is extended through the date that is 10 State | ||||||
| 18 | business days after June 16, 2014 (the effective date of | ||||||
| 19 | Public Act 98-651) this amendatory Act of the 98th General | ||||||
| 20 | Assembly. | ||||||
| 21 | (8) For making refunds to hospital providers pursuant | ||||||
| 22 | to Section 5A-10.
| ||||||
| 23 | (9) For making payment to capitated managed care | ||||||
| 24 | organizations as described in subsections (s) and (t) of | ||||||
| 25 | Section 5A-12.2 of this Code. | ||||||
| 26 | Disbursements from the Fund, other than transfers | ||||||
| |||||||
| |||||||
| 1 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
| 2 | shall be by
warrants drawn by the State Comptroller upon | ||||||
| 3 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
| 4 | Department.
| ||||||
| 5 | (c) The Fund shall consist of the following:
| ||||||
| 6 | (1) All moneys collected or received by the Illinois
| ||||||
| 7 | Department from the hospital provider assessment imposed | ||||||
| 8 | by this
Article.
| ||||||
| 9 | (2) All federal matching funds received by the Illinois
| ||||||
| 10 | Department as a result of expenditures made by the Illinois
| ||||||
| 11 | Department that are attributable to moneys deposited in the | ||||||
| 12 | Fund.
| ||||||
| 13 | (3) Any interest or penalty levied in conjunction with | ||||||
| 14 | the
administration of this Article.
| ||||||
| 15 | (3.5) As applicable, proceeds from surety bond | ||||||
| 16 | payments payable to the Department as referenced in | ||||||
| 17 | subsection (s) of Section 5A-12.2 of this Code. | ||||||
| 18 | (4) Moneys transferred from another fund in the State | ||||||
| 19 | treasury.
| ||||||
| 20 | (5) All other moneys received for the Fund from any | ||||||
| 21 | other
source, including interest earned thereon.
| ||||||
| 22 | (d) (Blank).
| ||||||
| 23 | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
| 24 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff. | ||||||
| 25 | 6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/12-4.47) | ||||||
| 2 | Sec. 12-4.47. Continued eligibility for developmental | ||||||
| 3 | disability services for dependents of military service | ||||||
| 4 | members. | ||||||
| 5 | (a) As used in this Section: | ||||||
| 6 | "Dependent" means a spouse, birth child, adopted child, or
| ||||||
| 7 | stepchild of a military service member. | ||||||
| 8 | "Legal resident" means a person who maintains Illinois as | ||||||
| 9 | his
or her principal establishment, home of record, or | ||||||
| 10 | permanent home and
to where, whenever absent due to military | ||||||
| 11 | obligation, he or she intends
to return. | ||||||
| 12 | "Military service" means service in the armed forces or | ||||||
| 13 | armed
forces reserves of the United States, or membership in | ||||||
| 14 | the Illinois National Guard. | ||||||
| 15 | "Military service member" means a person who is currently | ||||||
| 16 | in military service or who
has separated from military service | ||||||
| 17 | in the previous 18 months through
either retirement or military | ||||||
| 18 | separation. | ||||||
| 19 | (b) A dependent, who is a legal resident of the State, | ||||||
| 20 | having
previously been determined to be eligible for | ||||||
| 21 | developmental disability
services provided by the Department | ||||||
| 22 | of Human Services, including waiver services provided under the | ||||||
| 23 | home and community based services programs authorized under | ||||||
| 24 | Section 1915(c) of the Social Security Act, shall retain | ||||||
| 25 | eligibility for those developmental disability services as | ||||||
| 26 | long as he
or she remains a legal resident of the State, | ||||||
| |||||||
| |||||||
| 1 | regardless of having left the State due to the military service | ||||||
| 2 | member's military assignment
outside the State, and as long as | ||||||
| 3 | he or she is otherwise eligible for such services. | ||||||
| 4 | (c) The Department of Human Services shall permit a | ||||||
| 5 | dependent who resides out-of-state to be placed on the waiting | ||||||
| 6 | list for developmental disabilities services if the dependent | ||||||
| 7 | left the State due to the military service member's military | ||||||
| 8 | assignment outside the State, is otherwise eligible for those | ||||||
| 9 | services, and furnishes the following: | ||||||
| 10 | (1) a copy of the military service member's DD-214 or | ||||||
| 11 | other
equivalent discharge paperwork; and | ||||||
| 12 | (2) proof of the military service member's legal | ||||||
| 13 | residence in the
State, as prescribed by the Department. | ||||||
| 14 | (d) For dependents who received developmental disability | ||||||
| 15 | services
and who left the State due to the military service | ||||||
| 16 | member's military
assignment outside the State, upon the | ||||||
| 17 | dependent's return to the State and when a request for services | ||||||
| 18 | is made, the Department shall: | ||||||
| 19 | (1) determine the dependent's eligibility for | ||||||
| 20 | services, which may include a request
for waiver services | ||||||
| 21 | provided under the home and community based services | ||||||
| 22 | programs authorized under Section 1915(c) of the Social | ||||||
| 23 | Security Act; | ||||||
| 24 | (2) provide to the dependent notification of the | ||||||
| 25 | determination of eligibility for services,
which includes | ||||||
| 26 | notification of a denial of services if applicable; | ||||||
| |||||||
| |||||||
| 1 | (3) provide the dependent an opportunity to contest the | ||||||
| 2 | Department's determination through the appeals processes | ||||||
| 3 | established
by the Department; and | ||||||
| 4 | (4) resume services if the individual remains | ||||||
| 5 | eligible. | ||||||
| 6 | (e) As a condition of continued eligibility for services | ||||||
| 7 | under subsection (b) of this Section,
a dependent must inform | ||||||
| 8 | the Department of his or her
current address and provide | ||||||
| 9 | updates as requested by the Department. | ||||||
| 10 | (f) No payment pursuant to this Section shall be made for | ||||||
| 11 | developmental disability services authorized under the | ||||||
| 12 | Illinois Title XIX State Plan and provided outside the State | ||||||
| 13 | unless those services satisfy the conditions specified in 42 | ||||||
| 14 | CFR 431.52. No payment pursuant to this Section shall be made | ||||||
| 15 | for home and community based services provided outside the | ||||||
| 16 | State of Illinois. | ||||||
| 17 | (g) The Department shall request a waiver from the | ||||||
| 18 | appropriate
federal agency if a waiver is necessary to | ||||||
| 19 | implement the provisions of this
Section. | ||||||
| 20 | (h) The Department may adopt rules necessary to implement | ||||||
| 21 | the
provisions of this Section.
| ||||||
| 22 | (Source: P.A. 98-1000, eff. 8-18-14.)
| ||||||
| 23 | (305 ILCS 5/12-4.48) | ||||||
| 24 | Sec. 12-4.48 12-4.47. Long-Term Services and Supports | ||||||
| 25 | Disparities Task Force. | ||||||
| |||||||
| |||||||
| 1 | (a) The Department of Healthcare and Family Services shall | ||||||
| 2 | establish a Long-Term Services and Supports Disparities Task | ||||||
| 3 | Force. | ||||||
| 4 | (b) Members of the Task Force shall be appointed by the | ||||||
| 5 | Director of the Department of Healthcare and Family Services | ||||||
| 6 | and shall include representatives of the following agencies, | ||||||
| 7 | organizations, or groups: | ||||||
| 8 | (1) The Governor's office. | ||||||
| 9 | (2) The Department of Healthcare and Family Services. | ||||||
| 10 | (3) The Department of Human Services. | ||||||
| 11 | (4) The Department on Aging. | ||||||
| 12 | (5) The Department of Human Rights. | ||||||
| 13 | (6) Area Agencies on Aging. | ||||||
| 14 | (7) The Department of Public Health. | ||||||
| 15 | (8) Managed Care Plans. | ||||||
| 16 | (9) The for-profit urban nursing home or assisted | ||||||
| 17 | living industry. | ||||||
| 18 | (10) The for-profit rural nursing home or assisted | ||||||
| 19 | living industry. | ||||||
| 20 | (11) The not-for-profit nursing home or assisted | ||||||
| 21 | living industry. | ||||||
| 22 | (12) The home care association or home care industry. | ||||||
| 23 | (13) The adult day care association or adult day care | ||||||
| 24 | industry. | ||||||
| 25 | (14) An association representing workers who provide | ||||||
| 26 | long-term services and supports. | ||||||
| |||||||
| |||||||
| 1 | (15) A representative of providers that serve the | ||||||
| 2 | predominantly ethnic minority populations. | ||||||
| 3 | (16) Case Management Organizations. | ||||||
| 4 | (17) Three consumer representatives which may include | ||||||
| 5 | a consumer of long-term services and supports or an | ||||||
| 6 | individual who advocates for such consumers. For purposes | ||||||
| 7 | of this provision, "consumer representative" means a | ||||||
| 8 | person who is not an elected official and who has no | ||||||
| 9 | financial interest in a health or long-term care delivery | ||||||
| 10 | system. | ||||||
| 11 | (c) The Task Force shall not meet unless all consumer | ||||||
| 12 | representative positions are filled. The Task Force shall | ||||||
| 13 | reflect diversity in race, ethnicity, and gender. | ||||||
| 14 | (d) The Chair of the Task Force shall be appointed by the | ||||||
| 15 | Director of the Department of Healthcare and Family Services. | ||||||
| 16 | (e) The Director of the Department of Healthcare and Family | ||||||
| 17 | Services shall assign appropriate staff and resources to | ||||||
| 18 | support the efforts of the Task Force. The Task Force shall | ||||||
| 19 | meet as often as necessary but not less than 4 times per | ||||||
| 20 | calendar year. | ||||||
| 21 | (f) The Task Force shall promote and facilitate | ||||||
| 22 | communication, coordination, and collaboration among relevant | ||||||
| 23 | State agencies and communities of color, limited | ||||||
| 24 | English-speaking communities, and the private and public | ||||||
| 25 | entities providing services to those communities. | ||||||
| 26 | (g) The Task Force shall do all of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) Document the number and types of Long-Term Services | ||||||
| 2 | and Supports (LTSS) providers in the State and the number | ||||||
| 3 | of clients served in each setting. | ||||||
| 4 | (2) Document the number and racial profiles of | ||||||
| 5 | residents using LTSS, including, but not limited to, | ||||||
| 6 | residential nursing facilities, assisted living | ||||||
| 7 | facilities, adult day care, home health services, and other | ||||||
| 8 | home and community based long-term care services. | ||||||
| 9 | (3) Document the number and profiles of family or | ||||||
| 10 | informal caregivers who provide care for minority elders. | ||||||
| 11 | (4) Compare data over multiple years to identify trends | ||||||
| 12 | in the delivery of LTSS for each racial or ethnic category | ||||||
| 13 | including: Alaskan Native or American Indian, Asian or | ||||||
| 14 | Pacific Islander, black or African American, Hispanic, or | ||||||
| 15 | white. | ||||||
| 16 | (5) Identify any racial disparities in the provision of | ||||||
| 17 | care in various LTSS settings and determine factors that | ||||||
| 18 | might influence the disparities found. | ||||||
| 19 | (6) Identify any disparities uniquely experienced in | ||||||
| 20 | metropolitan or rural areas and make recommendations to | ||||||
| 21 | address these areas. | ||||||
| 22 | (7) Assess whether the LTSS industry, including | ||||||
| 23 | managed care plans and independent providers, is equipped | ||||||
| 24 | to offer culturally sensitive, competent, and | ||||||
| 25 | linguistically appropriate care to meet the needs of a | ||||||
| 26 | diverse aging population and their informal and formal | ||||||
| |||||||
| |||||||
| 1 | caregivers. | ||||||
| 2 | (8) Consider whether to recommend that the State | ||||||
| 3 | require all home and community based services as a | ||||||
| 4 | condition of licensure to report data similar to that | ||||||
| 5 | gathered under the Minimum Data Set and required when a new | ||||||
| 6 | resident is admitted to a nursing home. | ||||||
| 7 | (9) Identify and prioritize recommendations for | ||||||
| 8 | actions to be taken by the State to address disparity | ||||||
| 9 | issues identified in the course of these studies. | ||||||
| 10 | (10) Monitor the progress of the State in eliminating | ||||||
| 11 | racial disparities in the delivery of LTSS. | ||||||
| 12 | (h) The Task Force shall conduct public hearings, | ||||||
| 13 | inquiries, studies, and other forms of information gathering to | ||||||
| 14 | identify how the actions of State government contribute to or | ||||||
| 15 | reduce racial disparities in long-term care settings. | ||||||
| 16 | (i) The Task Force shall report its findings and | ||||||
| 17 | recommendations to the Governor and the General Assembly no | ||||||
| 18 | later than one year after the effective date of this amendatory | ||||||
| 19 | Act of the 98th General Assembly. Annual reports shall be | ||||||
| 20 | issued every year thereafter and shall include documentation of | ||||||
| 21 | progress made to eliminate disparities in long-term care | ||||||
| 22 | service settings.
| ||||||
| 23 | (Source: P.A. 98-825, eff. 8-1-14; revised 10-14-14.)
| ||||||
| 24 | Section 345. The Adult Protective Services Act is amended | ||||||
| 25 | by changing Sections 7.5 and 15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (320 ILCS 20/7.5) | ||||||
| 2 | Sec. 7.5. Registry. | ||||||
| 3 | (a) To protect individuals receiving in-home and | ||||||
| 4 | community-based services, the Department on Aging shall | ||||||
| 5 | establish an Adult Protective Service Registry that will be | ||||||
| 6 | hosted by the Department of Public Health on its website | ||||||
| 7 | effective January 1, 2015, and, if practicable, shall propose | ||||||
| 8 | rules for the Registry by January 1, 2015. | ||||||
| 9 | (a-5) The Registry shall identify caregivers against whom a | ||||||
| 10 | verified and substantiated finding was made under this Act of | ||||||
| 11 | abuse, neglect, or financial exploitation. | ||||||
| 12 | The information in the Registry shall be confidential | ||||||
| 13 | except as specifically authorized in this Act and shall not be | ||||||
| 14 | deemed a public record. | ||||||
| 15 | (a-10) Reporting to the Registry. The Department on Aging | ||||||
| 16 | shall report to the Registry the identity of the caregiver when | ||||||
| 17 | a verified and substantiated finding of abuse, neglect, or | ||||||
| 18 | financial exploitation of an eligible adult under this Act is | ||||||
| 19 | made against a caregiver, and all appeals, challenges, and | ||||||
| 20 | reviews, if any, have been completed and a finding for | ||||||
| 21 | placement on the Registry has been sustained or upheld. | ||||||
| 22 | A finding against a caregiver that is placed in the | ||||||
| 23 | Registry shall preclude that caregiver from providing direct | ||||||
| 24 | care, as defined in this Section, in a position with or that is | ||||||
| 25 | regulated by or paid with public funds from the Department on | ||||||
| |||||||
| |||||||
| 1 | Aging, the Department of Healthcare and Family Services, the | ||||||
| 2 | Department of Human Services, or the Department of Public | ||||||
| 3 | Health or with an entity or provider licensed, certified, or | ||||||
| 4 | regulated by or paid with public funds from any of these State | ||||||
| 5 | agencies. | ||||||
| 6 | (b) Definitions. As used in this Section: | ||||||
| 7 | "Direct care" includes, but is not limited to, direct | ||||||
| 8 | access to a person aged 60 or older or to an adult with | ||||||
| 9 | disabilities aged 18 through 59, his or her living quarters, or | ||||||
| 10 | his or her personal, financial, or medical records for the | ||||||
| 11 | purpose of providing nursing care or assistance with feeding, | ||||||
| 12 | dressing, movement, bathing, toileting, other personal needs | ||||||
| 13 | and activities of daily living or instrumental activities of | ||||||
| 14 | daily living, or assistance with financial transactions. | ||||||
| 15 | "Participant" means an individual who uses the services of | ||||||
| 16 | an in-home care program funded through the Department on Aging, | ||||||
| 17 | the Department of Healthcare and Family Services, the | ||||||
| 18 | Department of Human Services, or the Department of Public | ||||||
| 19 | Health. | ||||||
| 20 | (c) Access to and use of the Registry. Access to the | ||||||
| 21 | Registry shall be limited to the Department on Aging, the | ||||||
| 22 | Department of Healthcare and Family Services, the Department of | ||||||
| 23 | Human Services, and the Department of Public Health and | ||||||
| 24 | providers of direct care as described in subsection (a-10) of | ||||||
| 25 | this Section. These State agencies and providers shall not | ||||||
| 26 | hire, compensate either directly or on behalf of a participant, | ||||||
| |||||||
| |||||||
| 1 | or utilize the services of any person seeking to provide direct | ||||||
| 2 | care without first conducting an online check of whether the | ||||||
| 3 | person has been placed on the Registry. These State agencies | ||||||
| 4 | and providers shall maintain a copy of the results of the | ||||||
| 5 | online check to demonstrate compliance with this requirement. | ||||||
| 6 | These State agencies and providers are prohibited from | ||||||
| 7 | retaining, hiring, compensating either directly or on behalf of | ||||||
| 8 | a participant, or utilizing the services of a person to provide | ||||||
| 9 | direct care if the online check of the person reveals a | ||||||
| 10 | verified and substantiated finding of abuse, neglect, or | ||||||
| 11 | financial exploitation that has been placed on the Registry or | ||||||
| 12 | when the State agencies or providers otherwise gain knowledge | ||||||
| 13 | of such placement on the Registry. Failure to comply with this | ||||||
| 14 | requirement may subject such a provider to corrective action by | ||||||
| 15 | the appropriate regulatory agency or other lawful remedies | ||||||
| 16 | provided under the applicable licensure, certification, or | ||||||
| 17 | regulatory laws and rules. | ||||||
| 18 | (d) Notice to caregiver. The Department on Aging shall
| ||||||
| 19 | establish rules concerning notice to the caregiver in cases of | ||||||
| 20 | a verified and substantiated finding of abuse, neglect, or | ||||||
| 21 | financial exploitation against him or her that may make him or | ||||||
| 22 | her eligible for placement on the Registry. | ||||||
| 23 | (e) Notification to eligible adults, guardians, or agents. | ||||||
| 24 | As part of its investigation, the Department on Aging shall | ||||||
| 25 | notify an eligible adult, or an eligible adult's guardian or | ||||||
| 26 | agent, that his or her caregiver's name may be placed on the | ||||||
| |||||||
| |||||||
| 1 | Registry based on a finding as described in subsection (a-10) | ||||||
| 2 | (a) of this Section. | ||||||
| 3 | (f) Notification to employer. The Department on Aging shall | ||||||
| 4 | notify the appropriate State agency or provider of direct care, | ||||||
| 5 | as described in subsection (a-10), when there is a verified and | ||||||
| 6 | substantiated finding of abuse, neglect, or financial | ||||||
| 7 | exploitation in a case under this Act that is reported on the | ||||||
| 8 | Registry and that involves one of its caregivers. That State | ||||||
| 9 | agency or provider is prohibited from retaining or compensating | ||||||
| 10 | that individual in a position that involves direct care, and if | ||||||
| 11 | there is an imminent risk of danger to the victim or an | ||||||
| 12 | imminent risk of misuse of personal, medical, or financial | ||||||
| 13 | information, that caregiver shall immediately be barred from | ||||||
| 14 | providing direct care to the victim pending the outcome of any | ||||||
| 15 | challenge, appeal, criminal prosecution, or other type of | ||||||
| 16 | collateral action. | ||||||
| 17 | (g) Challenges and appeals. The Department on Aging
shall | ||||||
| 18 | establish, by rule, procedures concerning challenges and | ||||||
| 19 | appeals to placement on the Registry pursuant to legislative | ||||||
| 20 | intent. The Department shall not make any report to the | ||||||
| 21 | Registry pending challenges or appeals. | ||||||
| 22 | (h) Caregiver's rights to collateral action. The | ||||||
| 23 | Department on Aging shall not make any report to the Registry | ||||||
| 24 | if a caregiver notifies the Department in writing that he or | ||||||
| 25 | she is formally challenging an adverse employment action | ||||||
| 26 | resulting from a verified and substantiated finding of abuse, | ||||||
| |||||||
| |||||||
| 1 | neglect, or financial exploitation by complaint filed with the | ||||||
| 2 | Illinois Civil Service Commission, or by another means which | ||||||
| 3 | seeks to enforce the caregiver's rights pursuant to any | ||||||
| 4 | applicable collective bargaining agreement. If an action taken | ||||||
| 5 | by an employer against a caregiver as a result of such a | ||||||
| 6 | finding is overturned through an action filed with the Illinois | ||||||
| 7 | Civil Service Commission or under any applicable collective | ||||||
| 8 | bargaining agreement after that caregiver's name has already | ||||||
| 9 | been sent to the Registry, the caregiver's name shall be | ||||||
| 10 | removed from the Registry. | ||||||
| 11 | (i) Removal from Registry. At any time after a report to | ||||||
| 12 | the Registry, but no more than once in each successive 3-year | ||||||
| 13 | period thereafter, for a maximum of 3 such requests, a | ||||||
| 14 | caregiver may request removal of his or her name from the | ||||||
| 15 | Registry in relationship to a single incident. The caregiver | ||||||
| 16 | shall bear the burden of establishing, by a preponderance of | ||||||
| 17 | the evidence, that removal of his or her name from the Registry | ||||||
| 18 | is in the public interest. Upon receiving such a request, the | ||||||
| 19 | Department on Aging shall conduct an investigation and consider | ||||||
| 20 | any evidentiary material provided. The Department shall issue a | ||||||
| 21 | decision either granting or denying removal to the caregiver | ||||||
| 22 | and report it to the Registry. The Department shall, by rule, | ||||||
| 23 | establish standards and a process for requesting the removal of | ||||||
| 24 | a name from the Registry. | ||||||
| 25 | (j) Referral of Registry reports to health care facilities. | ||||||
| 26 | In the event an eligible adult receiving services from a | ||||||
| |||||||
| |||||||
| 1 | provider agency changes his or her residence from a domestic | ||||||
| 2 | living situation to that of a health care or long term care | ||||||
| 3 | facility, the provider agency shall use reasonable efforts to | ||||||
| 4 | promptly inform the facility and the appropriate Regional Long | ||||||
| 5 | Term Care Ombudsman about any Registry reports relating to the | ||||||
| 6 | eligible adult. For purposes of this Section, a health care or | ||||||
| 7 | long term care facility includes, but is not limited to, any | ||||||
| 8 | residential facility licensed, certified, or regulated by the | ||||||
| 9 | Department of Public Health, Healthcare and Family Services, or | ||||||
| 10 | Human Services.
| ||||||
| 11 | (k) The Department on Aging and its employees and agents | ||||||
| 12 | shall have immunity, except for intentional willful and wanton | ||||||
| 13 | misconduct, from any liability, civil, criminal, or otherwise, | ||||||
| 14 | for reporting information to and maintaining the Registry. | ||||||
| 15 | (Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 16 | 98-1039, eff. 8-25-14; revised 10-2-14.)
| ||||||
| 17 | (320 ILCS 20/15) | ||||||
| 18 | Sec. 15. Fatality Review Teams. | ||||||
| 19 | (a) State policy. | ||||||
| 20 | (1) Both the State and the community maintain a | ||||||
| 21 | commitment to preventing the abuse, neglect, and financial | ||||||
| 22 | exploitation of at-risk adults. This includes a charge to | ||||||
| 23 | bring perpetrators of crimes against at-risk adults to | ||||||
| 24 | justice and prevent untimely deaths in the community. | ||||||
| 25 | (2) When an at-risk adult dies, the response to the | ||||||
| |||||||
| |||||||
| 1 | death by the community, law enforcement, and the State must | ||||||
| 2 | include an accurate and complete determination of the cause | ||||||
| 3 | of death, and the development and implementation of | ||||||
| 4 | measures to prevent future deaths from similar causes. | ||||||
| 5 | (3) Multidisciplinary and multi-agency reviews of | ||||||
| 6 | deaths can assist the State and counties in developing a | ||||||
| 7 | greater understanding of the incidence and causes of | ||||||
| 8 | premature deaths and the methods for preventing those | ||||||
| 9 | deaths, improving methods for investigating deaths, and | ||||||
| 10 | identifying gaps in services to at-risk adults. | ||||||
| 11 | (4) Access to information regarding the deceased | ||||||
| 12 | person and his or her family by multidisciplinary and | ||||||
| 13 | multi-agency fatality review teams is necessary in order to | ||||||
| 14 | fulfill their purposes and duties. | ||||||
| 15 | (a-5) Definitions. As used in this Section: | ||||||
| 16 | "Advisory Council" means the Illinois Fatality Review | ||||||
| 17 | Team Advisory Council. | ||||||
| 18 | "Review Team" means a regional interagency fatality | ||||||
| 19 | review team. | ||||||
| 20 | (b) The Director, in consultation with the Advisory | ||||||
| 21 | Council, law enforcement, and other professionals who work in | ||||||
| 22 | the fields of investigating, treating, or preventing abuse or | ||||||
| 23 | neglect of at-risk adults, shall appoint members to a minimum | ||||||
| 24 | of one review team in each of the Department's planning and | ||||||
| 25 | service areas. Each member of a review team shall be appointed | ||||||
| 26 | for a 2-year term and shall be eligible for reappointment upon | ||||||
| |||||||
| |||||||
| 1 | the expiration of the term. A review team's purpose in | ||||||
| 2 | conducting review of at-risk adult deaths is: (i) to assist | ||||||
| 3 | local agencies in identifying and reviewing suspicious deaths | ||||||
| 4 | of adult victims of alleged, suspected, or substantiated abuse | ||||||
| 5 | or neglect in domestic living situations; (ii) to facilitate | ||||||
| 6 | communications between officials responsible for autopsies and | ||||||
| 7 | inquests and persons involved in reporting or investigating | ||||||
| 8 | alleged or suspected cases of abuse, neglect, or financial | ||||||
| 9 | exploitation of at-risk adults and persons involved in | ||||||
| 10 | providing services to at-risk adults; (iii) to evaluate means | ||||||
| 11 | by which the death might have been prevented; and (iv) to | ||||||
| 12 | report its findings to the appropriate agencies and the | ||||||
| 13 | Advisory Council and make recommendations that may help to | ||||||
| 14 | reduce the number of at-risk adult deaths caused by abuse and | ||||||
| 15 | neglect and that may help to improve the investigations of | ||||||
| 16 | deaths of at-risk adults and increase prosecutions, if | ||||||
| 17 | appropriate. | ||||||
| 18 | (b-5) Each such team shall be composed of representatives | ||||||
| 19 | of entities and individuals including, but not limited to: | ||||||
| 20 | (1) the Department on Aging; | ||||||
| 21 | (2) coroners or medical examiners (or both); | ||||||
| 22 | (3) State's Attorneys; | ||||||
| 23 | (4) local police departments; | ||||||
| 24 | (5) forensic units; | ||||||
| 25 | (6) local health departments; | ||||||
| 26 | (7) a social service or health care agency that | ||||||
| |||||||
| |||||||
| 1 | provides services to persons with mental illness, in a | ||||||
| 2 | program whose accreditation to provide such services is | ||||||
| 3 | recognized by the Division of Mental Health within the | ||||||
| 4 | Department of Human Services; | ||||||
| 5 | (8) a social service or health care agency that | ||||||
| 6 | provides services to persons with developmental | ||||||
| 7 | disabilities, in a program whose accreditation to provide | ||||||
| 8 | such services is recognized by the Division of | ||||||
| 9 | Developmental Disabilities within the Department of Human | ||||||
| 10 | Services; | ||||||
| 11 | (9) a local hospital, trauma center, or provider of | ||||||
| 12 | emergency medicine; | ||||||
| 13 | (10) providers of services for eligible adults in | ||||||
| 14 | domestic living situations; and | ||||||
| 15 | (11) a physician, psychiatrist, or other health care | ||||||
| 16 | provider knowledgeable about abuse and neglect of at-risk | ||||||
| 17 | adults. | ||||||
| 18 | (c) A review team shall review cases of deaths of at-risk | ||||||
| 19 | adults occurring in its planning and service area (i) involving | ||||||
| 20 | blunt force trauma or an undetermined manner or suspicious | ||||||
| 21 | cause of death; , (ii) if requested by the deceased's attending | ||||||
| 22 | physician or an emergency room physician; , (iii) upon referral | ||||||
| 23 | by a health care provider; , (iv) upon referral by a coroner or | ||||||
| 24 | medical examiner; , (v) constituting an open or closed case from | ||||||
| 25 | an adult protective services agency, law enforcement agency, | ||||||
| 26 | State's Attorney's office, or the Department of Human Services' | ||||||
| |||||||
| |||||||
| 1 | Office of the Inspector General that involves alleged or | ||||||
| 2 | suspected abuse, neglect, or financial exploitation; or
(vi) | ||||||
| 3 | upon referral by a law enforcement agency or State's Attorney's | ||||||
| 4 | office. If such a death occurs in a planning and service area | ||||||
| 5 | where a review team has not yet been established, the Director | ||||||
| 6 | shall request that the Advisory Council or another review team | ||||||
| 7 | review that death. A team may also review deaths of at-risk | ||||||
| 8 | adults if the alleged abuse or neglect occurred while the | ||||||
| 9 | person was residing in a domestic living situation. | ||||||
| 10 | A review team shall meet not less than 6 times a year to | ||||||
| 11 | discuss cases for its possible review. Each review team, with | ||||||
| 12 | the advice and consent of the Department, shall establish | ||||||
| 13 | criteria to be used in discussing cases of alleged, suspected, | ||||||
| 14 | or substantiated abuse or neglect for review and shall conduct | ||||||
| 15 | its activities in accordance with any applicable policies and | ||||||
| 16 | procedures established by the Department. | ||||||
| 17 | (c-5) The Illinois Fatality Review Team Advisory Council, | ||||||
| 18 | consisting of one member from each review team in Illinois, | ||||||
| 19 | shall be the coordinating and oversight body for review teams | ||||||
| 20 | and activities in Illinois. The Director may appoint to the | ||||||
| 21 | Advisory Council any ex-officio members deemed necessary. | ||||||
| 22 | Persons with expertise needed by the Advisory Council may be | ||||||
| 23 | invited to meetings. The Advisory Council must select from its | ||||||
| 24 | members a chairperson and a vice-chairperson, each to serve a | ||||||
| 25 | 2-year term. The chairperson or vice-chairperson may be | ||||||
| 26 | selected to serve additional, subsequent terms. The Advisory | ||||||
| |||||||
| |||||||
| 1 | Council must meet at least 4 times during each calendar year. | ||||||
| 2 | The Department may provide or arrange for the staff support | ||||||
| 3 | necessary for the Advisory Council to carry out its duties. The | ||||||
| 4 | Director, in cooperation and consultation with the Advisory | ||||||
| 5 | Council, shall appoint, reappoint, and remove review team | ||||||
| 6 | members. | ||||||
| 7 | The Advisory Council has, but is not limited to, the | ||||||
| 8 | following duties: | ||||||
| 9 | (1) To serve as the voice of review teams in Illinois. | ||||||
| 10 | (2) To oversee the review teams in order to ensure that | ||||||
| 11 | the review teams' work is coordinated and in compliance | ||||||
| 12 | with State statutes and the operating protocol. | ||||||
| 13 | (3) To ensure that the data, results, findings, and | ||||||
| 14 | recommendations of the review teams are adequately used in | ||||||
| 15 | a timely manner to make any necessary changes to the | ||||||
| 16 | policies, procedures, and State statutes in order to | ||||||
| 17 | protect at-risk adults. | ||||||
| 18 | (4) To collaborate with the Department in order to | ||||||
| 19 | develop any legislation needed to prevent unnecessary | ||||||
| 20 | deaths of at-risk adults. | ||||||
| 21 | (5) To ensure that the review teams' review processes | ||||||
| 22 | are standardized in order to convey data, findings, and | ||||||
| 23 | recommendations in a usable format. | ||||||
| 24 | (6) To serve as a link with review teams throughout the | ||||||
| 25 | country and to participate in national review team | ||||||
| 26 | activities. | ||||||
| |||||||
| |||||||
| 1 | (7) To provide the review teams with the most current | ||||||
| 2 | information and practices concerning at-risk adult death | ||||||
| 3 | review and related topics. | ||||||
| 4 | (8) To perform any other functions necessary to enhance | ||||||
| 5 | the capability of the review teams to reduce and prevent | ||||||
| 6 | at-risk adult fatalities. | ||||||
| 7 | The Advisory Council may prepare an annual report, in | ||||||
| 8 | consultation with the Department, using aggregate data | ||||||
| 9 | gathered by review teams and using the review teams' | ||||||
| 10 | recommendations to develop education, prevention, prosecution, | ||||||
| 11 | or other strategies designed to improve the coordination of | ||||||
| 12 | services for at-risk adults and their families. | ||||||
| 13 | In any instance where a review team does not operate in | ||||||
| 14 | accordance with established protocol, the Director, in | ||||||
| 15 | consultation and cooperation with the Advisory Council, must | ||||||
| 16 | take any necessary actions to bring the review team into | ||||||
| 17 | compliance with the protocol. | ||||||
| 18 | (d) Any document or oral or written communication shared | ||||||
| 19 | within or produced by the review team relating to a case | ||||||
| 20 | discussed or reviewed by the review team is confidential and is | ||||||
| 21 | not admissible as evidence in any civil or criminal proceeding, | ||||||
| 22 | except for use by a State's Attorney's office in prosecuting a | ||||||
| 23 | criminal case against a caregiver. Those records and | ||||||
| 24 | information are, however, subject to discovery or subpoena, and | ||||||
| 25 | are admissible as evidence, to the extent they are otherwise | ||||||
| 26 | available to the public. | ||||||
| |||||||
| |||||||
| 1 | Any document or oral or written communication provided to a | ||||||
| 2 | review team by an individual or entity, and created by that | ||||||
| 3 | individual or entity solely for the use of the review team, is | ||||||
| 4 | confidential, is not subject to disclosure to or discoverable | ||||||
| 5 | by another party, and is not admissible as evidence in any | ||||||
| 6 | civil or criminal proceeding, except for use by a State's | ||||||
| 7 | Attorney's office in prosecuting a criminal case against a | ||||||
| 8 | caregiver. Those records and information are, however, subject | ||||||
| 9 | to discovery or subpoena, and are admissible as evidence, to | ||||||
| 10 | the extent they are otherwise available to the public. | ||||||
| 11 | Each entity or individual represented on the fatality | ||||||
| 12 | review team may share with other members of the team | ||||||
| 13 | information in the entity's or individual's possession | ||||||
| 14 | concerning the decedent who is the subject of the review or | ||||||
| 15 | concerning any person who was in contact with the decedent, as | ||||||
| 16 | well as any other information deemed by the entity or | ||||||
| 17 | individual to be pertinent to the review. Any such information | ||||||
| 18 | shared by an entity or individual with other members of the | ||||||
| 19 | review team is confidential. The intent of this paragraph is to | ||||||
| 20 | permit the disclosure to members of the review team of any | ||||||
| 21 | information deemed confidential or privileged or prohibited | ||||||
| 22 | from disclosure by any other provision of law. Release of | ||||||
| 23 | confidential communication between domestic violence advocates | ||||||
| 24 | and a domestic violence victim shall follow subsection (d) of | ||||||
| 25 | Section 227 of the Illinois Domestic Violence Act of 1986 which | ||||||
| 26 | allows for the waiver of privilege afforded to guardians, | ||||||
| |||||||
| |||||||
| 1 | executors, or administrators of the estate of the domestic | ||||||
| 2 | violence victim. This provision relating to the release of | ||||||
| 3 | confidential communication between domestic violence advocates | ||||||
| 4 | and a domestic violence victim shall exclude adult protective | ||||||
| 5 | service providers.
| ||||||
| 6 | A coroner's or medical examiner's office may share with the | ||||||
| 7 | review team medical records that have been made available to | ||||||
| 8 | the coroner's or medical examiner's office in connection with | ||||||
| 9 | that office's investigation of a death. | ||||||
| 10 | Members of a review team and the Advisory Council are not | ||||||
| 11 | subject to examination, in any civil or criminal proceeding, | ||||||
| 12 | concerning information presented to members of the review team | ||||||
| 13 | or the Advisory Council or opinions formed by members of the | ||||||
| 14 | review team or the Advisory Council based on that information. | ||||||
| 15 | A person may, however, be examined concerning information | ||||||
| 16 | provided to a review team or the Advisory Council. | ||||||
| 17 | (d-5) Meetings of the review teams and the Advisory Council | ||||||
| 18 | may be closed to the public under the Open Meetings Act. | ||||||
| 19 | Records and information provided to a review team and the | ||||||
| 20 | Advisory Council, and records maintained by a team or the | ||||||
| 21 | Advisory Council, are exempt from release under the Freedom of | ||||||
| 22 | Information Act. | ||||||
| 23 | (e) A review team's recommendation in relation to a case | ||||||
| 24 | discussed or reviewed by the review team, including, but not | ||||||
| 25 | limited to, a recommendation concerning an investigation or | ||||||
| 26 | prosecution, may be disclosed by the review team upon the | ||||||
| |||||||
| |||||||
| 1 | completion of its review and at the discretion of a majority of | ||||||
| 2 | its members who reviewed the case. | ||||||
| 3 | (e-5) The State shall indemnify and hold harmless members | ||||||
| 4 | of a review team and the Advisory Council for all their acts, | ||||||
| 5 | omissions, decisions, or other conduct arising out of the scope | ||||||
| 6 | of their service on the review team or Advisory Council, except | ||||||
| 7 | those involving willful or wanton misconduct. The method of | ||||||
| 8 | providing indemnification shall be as provided in the State | ||||||
| 9 | Employee Indemnification Act. | ||||||
| 10 | (f) The Department, in consultation with coroners, medical | ||||||
| 11 | examiners, and law enforcement agencies, shall use aggregate | ||||||
| 12 | data gathered by and recommendations from the Advisory Council | ||||||
| 13 | and the review teams to create an annual report and may use | ||||||
| 14 | those data and recommendations to develop education, | ||||||
| 15 | prevention, prosecution, or other strategies designed to | ||||||
| 16 | improve the coordination of services for at-risk adults and | ||||||
| 17 | their families. The Department or other State or county agency, | ||||||
| 18 | in consultation with coroners, medical examiners, and law | ||||||
| 19 | enforcement agencies, also may use aggregate data gathered by | ||||||
| 20 | the review teams to create a database of at-risk individuals.
| ||||||
| 21 | (g) The Department shall adopt such rules and regulations | ||||||
| 22 | as it deems necessary to implement this Section. | ||||||
| 23 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | ||||||
| 24 | revised 11-26-14.)
| ||||||
| 25 | Section 350. The Abused and Neglected Child Reporting Act | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Sections 7.8 and 7.14 as follows:
| ||||||
| 2 | (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| ||||||
| 3 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
| 4 | suspected
child abuse or neglect, the Department shall | ||||||
| 5 | immediately notify, either
orally or electronically, the Child | ||||||
| 6 | Protective Service Unit of a previous
report concerning a | ||||||
| 7 | subject of the present report or other pertinent
information. | ||||||
| 8 | In addition, upon satisfactory identification procedures, to
| ||||||
| 9 | be established by Department regulation, any person authorized | ||||||
| 10 | to have
access to records under Section 11.1 relating to child | ||||||
| 11 | abuse and neglect
may request and shall be immediately provided | ||||||
| 12 | the information requested in
accordance with this Act. However, | ||||||
| 13 | no information shall be released unless
it prominently states | ||||||
| 14 | the report is "indicated", and only information from
| ||||||
| 15 | "indicated" reports shall be released, except that information | ||||||
| 16 | concerning
pending reports may be released pursuant to Sections | ||||||
| 17 | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | ||||||
| 18 | appointed under Section 2-17 of the Juvenile Court Act of 1987 | ||||||
| 19 | and to any person authorized under
paragraphs (1), (2), (3) and | ||||||
| 20 | (11) of Section 11.1. In addition, State's
Attorneys are | ||||||
| 21 | authorized to receive unfounded reports for prosecution
| ||||||
| 22 | purposes related to the transmission of false reports of child | ||||||
| 23 | abuse or
neglect in violation of subsection (a), paragraph (7) | ||||||
| 24 | of Section 26-1
of the Criminal Code of 2012 and attorneys and | ||||||
| 25 | guardians ad litem appointed under
Article II of the Juvenile | ||||||
| |||||||
| |||||||
| 1 | Court Act of 1987 shall receive the
reports set forth in | ||||||
| 2 | Section 7.14 of this Act in conformance with paragraph
(19) of | ||||||
| 3 | Section 11.1 and Section 7.14 of this Act. The names and other
| ||||||
| 4 | identifying data and the dates and the circumstances of any | ||||||
| 5 | persons
requesting or receiving information from the central | ||||||
| 6 | register shall be
entered in the register record.
| ||||||
| 7 | (Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | ||||||
| 8 | revised 11-25-14.)
| ||||||
| 9 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||||||
| 10 | Sec. 7.14. All reports in the central register shall be | ||||||
| 11 | classified in one
of three categories: "indicated", | ||||||
| 12 | "unfounded" or "undetermined", as the
case may be. Prior to | ||||||
| 13 | classifying the report, the person making the
classification | ||||||
| 14 | shall determine whether the child named in the
report is the | ||||||
| 15 | subject of an action under Article II of the Juvenile Court
Act | ||||||
| 16 | of 1987. If the child is the subject of an action under Article | ||||||
| 17 | II of the
Juvenile Court Act of 1987 and the Department intends | ||||||
| 18 | to classify the report as indicated, the Department shall, | ||||||
| 19 | within 45 days of classification of the report, transmit a copy | ||||||
| 20 | of the report to
the attorney or guardian ad litem appointed | ||||||
| 21 | for the child under Section 2-17 of the
Juvenile Court Act of | ||||||
| 22 | 1987. If the child is the subject of an action under Article II | ||||||
| 23 | of the Juvenile Court Act of 1987 and the Department intends to | ||||||
| 24 | classify the report as unfounded, the Department shall, within | ||||||
| 25 | 45 days of deciding its intent to classify the report as | ||||||
| |||||||
| |||||||
| 1 | unfounded, transmit a copy of the report and written notice of | ||||||
| 2 | the Department's intent to the attorney or guardian ad litem | ||||||
| 3 | appointed for the child under Section 2-17 of the Juvenile | ||||||
| 4 | Court Act of 1987. All information identifying the subjects of | ||||||
| 5 | an unfounded
report shall be expunged from the register
| ||||||
| 6 | forthwith, except as provided in Section 7.7.
Unfounded reports | ||||||
| 7 | may only be made available to the Child
Protective Service Unit | ||||||
| 8 | when investigating a subsequent report of suspected
abuse or | ||||||
| 9 | maltreatment involving a child named in the unfounded report; | ||||||
| 10 | and to
the subject of the report, provided the Department has | ||||||
| 11 | not expunged the file in accordance with Section 7.7. The Child | ||||||
| 12 | Protective
Service Unit shall not indicate the subsequent | ||||||
| 13 | report solely based upon the
existence of the prior unfounded | ||||||
| 14 | report or reports. Notwithstanding any other
provision of law | ||||||
| 15 | to the contrary, an unfounded report shall not be admissible
in | ||||||
| 16 | any judicial or administrative proceeding or action.
| ||||||
| 17 | Identifying information on all other records shall be
removed | ||||||
| 18 | from the register no later than 5 years after the report is | ||||||
| 19 | indicated.
However, if another report is received involving the | ||||||
| 20 | same child, his sibling
or offspring, or a child in the care of | ||||||
| 21 | the persons responsible for the
child's welfare, or involving | ||||||
| 22 | the same alleged offender, the
identifying
information may be | ||||||
| 23 | maintained in the register
until 5 years after the subsequent | ||||||
| 24 | case or report is closed.
| ||||||
| 25 | Notwithstanding any other provision of this Section, | ||||||
| 26 | identifying
information in indicated reports involving serious | ||||||
| |||||||
| |||||||
| 1 | physical injury to a child as defined by the
Department in | ||||||
| 2 | rules, may be retained longer than 5 years after the report
is | ||||||
| 3 | indicated or after the subsequent case or report is closed, and | ||||||
| 4 | may not
be removed from the register except as provided by the | ||||||
| 5 | Department in rules. Identifying information in indicated | ||||||
| 6 | reports involving sexual penetration of a child, sexual | ||||||
| 7 | molestation of a child, sexual exploitation of a child, torture | ||||||
| 8 | of a child, or the death of a child, as defined by the | ||||||
| 9 | Department in rules, shall be retained for a period of not less | ||||||
| 10 | than 50 years after the report is indicated or after the | ||||||
| 11 | subsequent case or report is closed.
| ||||||
| 12 | For purposes of this Section "child" includes an adult | ||||||
| 13 | resident as defined in this Act. | ||||||
| 14 | (Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | ||||||
| 15 | 98-807, eff. 8-1-14; revised 11-25-14.)
| ||||||
| 16 | Section 355. The Lead Poisoning Prevention Act is amended | ||||||
| 17 | by changing Sections 4, 5, 6.2, 7.2, 9.4, and 10 as follows:
| ||||||
| 18 | (410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)
| ||||||
| 19 | Sec. 4. Sale of items containing lead-bearing substance. No | ||||||
| 20 | person shall sell, have, offer for sale, or transfer toys,
| ||||||
| 21 | furniture, clothing, accessories, jewelry, decorative objects, | ||||||
| 22 | edible items, candy, food, dietary supplements, or other | ||||||
| 23 | articles used by or intended to be chewable by children that | ||||||
| 24 | contain contains a lead-bearing substance.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 2 | (410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)
| ||||||
| 3 | Sec. 5. Sale of objects containing lead-bearing substance. | ||||||
| 4 | No person
shall sell or transfer or offer for sale or transfer | ||||||
| 5 | any fixtures or other
objects intended to be used, installed, | ||||||
| 6 | or located in or upon any surface
of a regulated facility, that | ||||||
| 7 | contain
contains a lead-bearing substance and that, in the | ||||||
| 8 | ordinary course of use,
are accessible to or chewable by | ||||||
| 9 | children.
| ||||||
| 10 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 11 | (410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)
| ||||||
| 12 | Sec. 6.2. Testing children and pregnant persons.
| ||||||
| 13 | (a) Any physician licensed to practice medicine in all its | ||||||
| 14 | branches or health care provider who sees or treats children 6 | ||||||
| 15 | years
of age or younger shall test those children for
lead | ||||||
| 16 | poisoning when those children reside in an area defined as high | ||||||
| 17 | risk
by the Department. Children residing in areas defined as | ||||||
| 18 | low risk by the
Department shall be evaluated for risk by the | ||||||
| 19 | Childhood Lead Risk Questionnaire developed
by the Department | ||||||
| 20 | and tested if indicated. Children shall be evaluated in | ||||||
| 21 | accordance with rules adopted by the Department.
| ||||||
| 22 | (b) Each licensed, registered, or approved health care | ||||||
| 23 | facility serving
children 6 years of age or younger, including, | ||||||
| 24 | but not
limited to,
health departments, hospitals, clinics, and | ||||||
| |||||||
| |||||||
| 1 | health maintenance
organizations approved, registered, or | ||||||
| 2 | licensed by the Department, shall take
the appropriate steps to | ||||||
| 3 | ensure that children 6 years of age or younger be evaluated for | ||||||
| 4 | risk or tested for lead poisoning or both.
| ||||||
| 5 | (c) Children 7 years and older and pregnant persons may | ||||||
| 6 | also be tested by physicians or
health care providers, in | ||||||
| 7 | accordance with rules adopted by the Department. Physicians and | ||||||
| 8 | health care providers shall also evaluate
children for lead | ||||||
| 9 | poisoning in conjunction with the school health
examination, as | ||||||
| 10 | required under the School Code, when, in the medical judgement
| ||||||
| 11 | of the physician, advanced practice nurse who has a written | ||||||
| 12 | collaborative
agreement with a
collaborating
physician
that | ||||||
| 13 | authorizes the advance practice nurse to perform health | ||||||
| 14 | examinations, or
physician
assistant who has been delegated to | ||||||
| 15 | perform health examinations by the
supervising
physician, the | ||||||
| 16 | child is potentially at high risk of lead poisoning.
| ||||||
| 17 | (d) (Blank).
| ||||||
| 18 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 19 | (410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)
| ||||||
| 20 | Sec. 7.2. Fees; reimbursement; Lead Poisoning Screening, | ||||||
| 21 | Prevention, and Abatement Fund.
| ||||||
| 22 | (a) The Department may establish fees according to a | ||||||
| 23 | reasonable fee
structure to cover the cost of providing a | ||||||
| 24 | testing service for laboratory
analysis of blood lead tests and | ||||||
| 25 | any necessary follow-up. Fees collected
from the Department's | ||||||
| |||||||
| |||||||
| 1 | testing service shall be placed in a special fund in
the State | ||||||
| 2 | treasury known as the Lead Poisoning Screening, Prevention, and
| ||||||
| 3 | Abatement Fund. Other State and federal funds for expenses | ||||||
| 4 | related to lead
poisoning screening, follow-up, treatment, and | ||||||
| 5 | abatement programs may also
be placed in the Fund. Moneys shall | ||||||
| 6 | be appropriated from the Fund to the
Department for the | ||||||
| 7 | implementation and enforcement of this Act.
| ||||||
| 8 | (b) The Department shall certify, as required by the | ||||||
| 9 | Department of Healthcare and Family Services, any | ||||||
| 10 | non-reimbursed public expenditures for all approved lead | ||||||
| 11 | testing and evaluation activities for Medicaid-eligible | ||||||
| 12 | children expended by the Department from the non-federal | ||||||
| 13 | portion of funds, including, but not limited to, assessment of | ||||||
| 14 | home, physical, and family environments; comprehensive | ||||||
| 15 | environmental lead investigation; and laboratory services for | ||||||
| 16 | Medicaid-eligible children. The Department of Healthcare and | ||||||
| 17 | Family Services shall provide appropriate Current Procedural | ||||||
| 18 | Terminology (CPT) Codes for all billable services and claim | ||||||
| 19 | federal financial participation for the properly certified | ||||||
| 20 | public expenditures submitted to it by the Department. Any | ||||||
| 21 | federal financial participation revenue received pursuant to | ||||||
| 22 | this Act shall be deposited in the Lead Poisoning Screening, | ||||||
| 23 | Prevention, and Abatement Fund. | ||||||
| 24 | (c) Any delegate agency may establish fees, according to a | ||||||
| 25 | reasonable
fee structure, to cover the costs of drawing blood | ||||||
| 26 | for blood lead testing and evaluation
and any necessary | ||||||
| |||||||
| |||||||
| 1 | follow-up.
| ||||||
| 2 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 3 | (410 ILCS 45/9.4) | ||||||
| 4 | Sec. 9.4. Owner's obligation to post notice. The owner of a | ||||||
| 5 | regulated facility who has received a mitigation notice under | ||||||
| 6 | Section 9 of this Act shall post notices at all entrances to | ||||||
| 7 | the regulated facility specifying the identified lead hazards. | ||||||
| 8 | The posted notices, drafted by the Department and sent to the | ||||||
| 9 | property owner with the notification of lead hazards, shall | ||||||
| 10 | indicate the following: | ||||||
| 11 | (1) that a unit or units in the building have been | ||||||
| 12 | found to have lead hazards; | ||||||
| 13 | (2) that other units in the building may have lead | ||||||
| 14 | hazards; | ||||||
| 15 | (3) that the Department recommends that children 6 | ||||||
| 16 | years of age or younger receive a blood lead testing; | ||||||
| 17 | (4) where to seek further information; and | ||||||
| 18 | (5) whether 2 or more mitigation notices have been | ||||||
| 19 | issued for the regulated facility within a 5-year period of | ||||||
| 20 | time. | ||||||
| 21 | Once the owner has complied with a mitigation notice or | ||||||
| 22 | mitigation order issued by the Department, the owner may remove | ||||||
| 23 | the notices posted pursuant to this Section.
| ||||||
| 24 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| |||||||
| |||||||
| 1 | (410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)
| ||||||
| 2 | Sec. 10.
The Department, or representative of a unit of | ||||||
| 3 | local government or
health department approved by the | ||||||
| 4 | Department for this purpose, shall report any
violation of this | ||||||
| 5 | Act to the State's Attorney of the county in which the
| ||||||
| 6 | regulated facility is located. The State's Attorney has the | ||||||
| 7 | authority to charge the owner with a Class
A misdemeanor, and | ||||||
| 8 | who shall take additional measures to ensure that rent is
| ||||||
| 9 | withheld from the owner by the occupants of the dwelling units
| ||||||
| 10 | affected, until the mitigation requirements under Section 9 of | ||||||
| 11 | this Act are
complied with.
| ||||||
| 12 | No tenant shall be evicted because rent is withheld under | ||||||
| 13 | the provisions of this Act, or because of
any action required | ||||||
| 14 | of the owner of the regulated facility as a result of | ||||||
| 15 | enforcement of
this Act.
| ||||||
| 16 | (Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 17 | Section 360. The AIDS Confidentiality Act is amended by | ||||||
| 18 | changing Sections 9 and 9.7 as follows:
| ||||||
| 19 | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| ||||||
| 20 | Sec. 9. (1) No person may disclose or be compelled to | ||||||
| 21 | disclose HIV-related information, except to the following | ||||||
| 22 | persons:
| ||||||
| 23 | (a) The subject of an HIV test or the subject's legally
| ||||||
| 24 | authorized representative. A physician may notify the | ||||||
| |||||||
| |||||||
| 1 | spouse of the
test subject, if the test result is positive | ||||||
| 2 | and has been confirmed
pursuant to rules adopted by the | ||||||
| 3 | Department, provided that the physician has
first sought | ||||||
| 4 | unsuccessfully to persuade the patient to notify the spouse | ||||||
| 5 | or
that, a reasonable time after the patient has agreed to | ||||||
| 6 | make the
notification, the physician has reason to believe | ||||||
| 7 | that the patient has not
provided the notification. This | ||||||
| 8 | paragraph shall not create a duty or
obligation under which | ||||||
| 9 | a physician must notify the spouse of the test
results, nor | ||||||
| 10 | shall such duty or obligation be implied. No civil | ||||||
| 11 | liability
or criminal sanction under this Act shall be | ||||||
| 12 | imposed for any disclosure or
non-disclosure of a test | ||||||
| 13 | result to a spouse by a physician acting in good
faith | ||||||
| 14 | under this paragraph. For the purpose of any proceedings, | ||||||
| 15 | civil or
criminal, the good faith of any physician acting | ||||||
| 16 | under this paragraph shall
be presumed.
| ||||||
| 17 | (b) Any person designated in a legally effective | ||||||
| 18 | authorization for release of the HIV-related information | ||||||
| 19 | executed by the subject of the HIV-related information or | ||||||
| 20 | the subject's legally
authorized representative.
| ||||||
| 21 | (c) An authorized agent or employee of a health | ||||||
| 22 | facility or health care
provider if the health facility or | ||||||
| 23 | health care provider itself is
authorized to obtain the | ||||||
| 24 | test results, the agent or employee provides
patient care | ||||||
| 25 | or handles or processes specimens of body fluids or | ||||||
| 26 | tissues,
and the agent or employee has a need to know such | ||||||
| |||||||
| |||||||
| 1 | information.
| ||||||
| 2 | (d) The Department and local health authorities | ||||||
| 3 | serving a population of over 1,000,000 residents or other | ||||||
| 4 | local health authorities as designated by the Department, | ||||||
| 5 | in accordance with rules for reporting, preventing, and
| ||||||
| 6 | controlling the spread of disease and the conduct of public | ||||||
| 7 | health surveillance, public health investigations, and | ||||||
| 8 | public health interventions, as otherwise provided by | ||||||
| 9 | State law.
The Department,
local health authorities, and | ||||||
| 10 | authorized representatives shall not disclose HIV test | ||||||
| 11 | results and HIV-related
information, publicly or in any | ||||||
| 12 | action of any kind in any court or
before any tribunal, | ||||||
| 13 | board, or agency. HIV test results and HIV-related | ||||||
| 14 | information shall be
protected from disclosure in | ||||||
| 15 | accordance with the provisions of Sections 8-2101
through | ||||||
| 16 | 8-2105 of the Code of Civil Procedure.
| ||||||
| 17 | (e) A health facility, health care provider, or health | ||||||
| 18 | care professional which procures, processes,
distributes | ||||||
| 19 | or uses: (i) a human body part from a deceased person
with | ||||||
| 20 | respect to medical information regarding that person; or | ||||||
| 21 | (ii) semen
provided prior to the effective date of this Act | ||||||
| 22 | for the purpose of
artificial insemination.
| ||||||
| 23 | (f) Health facility staff committees for the purposes | ||||||
| 24 | of conducting
program monitoring, program evaluation or | ||||||
| 25 | service reviews.
| ||||||
| 26 | (f-5) A court in accordance with the provisions of | ||||||
| |||||||
| |||||||
| 1 | Section 12-5.01 of the Criminal Code of 2012. | ||||||
| 2 | (g) (Blank).
| ||||||
| 3 | (h) Any health care provider, health care | ||||||
| 4 | professional, or employee of a health facility, and any
| ||||||
| 5 | firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I, | ||||||
| 6 | involved in an accidental direct
skin or mucous membrane | ||||||
| 7 | contact with the blood or bodily fluids of an
individual | ||||||
| 8 | which is of a nature that may transmit HIV, as determined | ||||||
| 9 | by a
physician in his medical judgment.
| ||||||
| 10 | (i) Any law enforcement officer, as defined in | ||||||
| 11 | subsection (c) of
Section 7, involved in the line of duty | ||||||
| 12 | in a direct skin or mucous membrane
contact with the blood | ||||||
| 13 | or bodily fluids of an individual which is of a
nature that | ||||||
| 14 | may transmit HIV, as determined by a physician in his | ||||||
| 15 | medical
judgment.
| ||||||
| 16 | (j) A temporary caretaker of a child taken into | ||||||
| 17 | temporary protective
custody by the Department of Children | ||||||
| 18 | and Family Services pursuant to Section 5
of the Abused and | ||||||
| 19 | Neglected Child Reporting Act, as now or hereafter amended.
| ||||||
| 20 | (k) In the case of a minor under 18 years of age whose | ||||||
| 21 | test result is
positive and has been confirmed
pursuant to | ||||||
| 22 | rules adopted by the Department, the health care | ||||||
| 23 | professional who ordered the test shall make a reasonable
| ||||||
| 24 | effort to notify the minor's parent or legal guardian if, | ||||||
| 25 | in the
professional judgment
of the health care | ||||||
| 26 | professional, notification would be
in the best interest of | ||||||
| |||||||
| |||||||
| 1 | the child and the health care professional has first
sought | ||||||
| 2 | unsuccessfully to persuade the minor to notify the parent | ||||||
| 3 | or legal
guardian or a reasonable time after the minor has | ||||||
| 4 | agreed to notify
the parent or legal guardian, the health | ||||||
| 5 | care professional has reason to
believe that the minor has | ||||||
| 6 | not made the notification. This subsection
shall not create | ||||||
| 7 | a duty or obligation under which a health care professional
| ||||||
| 8 | must notify the minor's parent or legal guardian of the | ||||||
| 9 | test results, nor
shall a duty or obligation be implied. No | ||||||
| 10 | civil liability or criminal sanction
under this Act shall | ||||||
| 11 | be imposed for any notification or non-notification of a
| ||||||
| 12 | minor's test result by a health care professional acting in | ||||||
| 13 | good faith under this
subsection. For the purpose of any | ||||||
| 14 | proceeding, civil or criminal, the good
faith of any health | ||||||
| 15 | care professional acting under this subsection shall be
| ||||||
| 16 | presumed.
| ||||||
| 17 | (2) All information and records held by a State agency, | ||||||
| 18 | local health authority, or health oversight agency pertaining | ||||||
| 19 | to HIV-related information shall be strictly confidential and | ||||||
| 20 | exempt from copying and inspection under the Freedom of | ||||||
| 21 | Information Act. The information and records shall not be | ||||||
| 22 | released or made public by the State agency, local health | ||||||
| 23 | authority, or health oversight agency, shall not be admissible | ||||||
| 24 | as evidence nor discoverable in any action of any kind in any | ||||||
| 25 | court or before any tribunal, board, agency, or person, and | ||||||
| 26 | shall be treated in the same manner as the information and | ||||||
| |||||||
| |||||||
| 1 | those records subject to the provisions of Part 21 of Article | ||||||
| 2 | VIII of the Code of Civil Procedure, except under the following | ||||||
| 3 | circumstances: | ||||||
| 4 | (A) when made with the written consent of all persons | ||||||
| 5 | to whom the information pertains; or | ||||||
| 6 | (B) when authorized by Section 5-4-3 of the Unified | ||||||
| 7 | Code of Corrections. | ||||||
| 8 | Disclosure shall be limited to those who have a need to | ||||||
| 9 | know the information, and no additional disclosures may be | ||||||
| 10 | made. | ||||||
| 11 | (Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13; | ||||||
| 12 | 98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 13 | (410 ILCS 305/9.7) | ||||||
| 14 | Sec. 9.7. Record locator service to support HIE. Section | ||||||
| 15 | 9.9 of the Mental Health and Developmental Disabilities and | ||||||
| 16 | Confidentiality Act is herein incorporated by reference.
| ||||||
| 17 | (Source: P.A. 98-1046, eff. 1-1-15; revised 11-26-14.)
| ||||||
| 18 | Section 365. The Health Care Professional Credentials Data | ||||||
| 19 | Collection Act is amended by changing Section 51 as follows:
| ||||||
| 20 | (410 ILCS 517/51) | ||||||
| 21 | Sec. 51. Licensure records. Licensure records designated | ||||||
| 22 | confidential and considered expunged for reporting purposes by | ||||||
| 23 | the licensee under Section 2105-207 of the Civil Administrative | ||||||
| |||||||
| |||||||
| 1 | Code of Illinois are not reportable under this Act.
| ||||||
| 2 | (Source: P.A. 98-816, eff. 8-1-14; revised 12-10-14.)
| ||||||
| 3 | Section 370. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 4 | amended by changing Section 3.21 as follows:
| ||||||
| 5 | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| ||||||
| 6 | Sec. 3.21. Except as authorized by this Act, the Illinois | ||||||
| 7 | Controlled Substances
Act, the Pharmacy Practice Act, the | ||||||
| 8 | Dental Practice Act, the Medical
Practice Act of 1987, the | ||||||
| 9 | Veterinary Medicine and Surgery Practice Act of
2004, the | ||||||
| 10 | Podiatric Medical Practice Act of 1987, or Section 22-30 of the | ||||||
| 11 | School Code, to sell or dispense a
prescription drug without a | ||||||
| 12 | prescription.
| ||||||
| 13 | (Source: P.A. 97-361, eff. 8-15-11; revised 11-26-14.)
| ||||||
| 14 | Section 375. The Food Handling Regulation Enforcement Act | ||||||
| 15 | is amended by changing Section 3.06 and setting forth and | ||||||
| 16 | renumbering multiple versions of Section 3.4 as follows:
| ||||||
| 17 | (410 ILCS 625/3.06) | ||||||
| 18 | Sec. 3.06. Food handler training; restaurants. | ||||||
| 19 | (a) For the purpose of this Section, "restaurant" means any | ||||||
| 20 | business that is primarily engaged in the sale of ready-to-eat | ||||||
| 21 | food for immediate consumption. "Primarily engaged" means | ||||||
| 22 | having sales of ready-to-eat food for immediate consumption | ||||||
| |||||||
| |||||||
| 1 | comprising at least 51% of the total sales, excluding the sale | ||||||
| 2 | of liquor. | ||||||
| 3 | (b) Unless otherwise provided, all food handlers employed | ||||||
| 4 | by a restaurant, other than someone holding a food service | ||||||
| 5 | sanitation manager certificate, must receive or obtain | ||||||
| 6 | American National Standards Institute-accredited training in | ||||||
| 7 | basic safe food handling principles within 30 days after | ||||||
| 8 | employment and every 3 years thereafter. Notwithstanding the | ||||||
| 9 | provisions of Section 3.05 of this Act, food handlers employed | ||||||
| 10 | in nursing homes, licensed day care homes and facilities, | ||||||
| 11 | hospitals, schools, and long-term care facilities must renew | ||||||
| 12 | their training every 3 years. There is no limit to how many | ||||||
| 13 | times an employee may take the training. The training indicated | ||||||
| 14 | in subsections (e) and (f) of this Section is transferable | ||||||
| 15 | between employers, but not individuals. The training indicated | ||||||
| 16 | in subsections (c) and (d) of this Section is not transferable | ||||||
| 17 | between individuals or employers. Proof that a food handler has | ||||||
| 18 | been trained must be available upon reasonable request by a | ||||||
| 19 | State or local health department inspector and may be provided | ||||||
| 20 | electronically. | ||||||
| 21 | (c) If a business with an internal training program is | ||||||
| 22 | approved in another state prior to the effective date of this | ||||||
| 23 | amendatory Act of the 98th General Assembly, then the | ||||||
| 24 | business's training program and assessment shall be | ||||||
| 25 | automatically approved by the Department upon the business | ||||||
| 26 | providing proof that the program is approved in said state. | ||||||
| |||||||
| |||||||
| 1 | (d) The Department shall approve the training program of | ||||||
| 2 | any multi-state business with a plan that follows the | ||||||
| 3 | guidelines in subsection (b) of Section 3.05 of this Act and is | ||||||
| 4 | on file with the Department by May 15, 2013. | ||||||
| 5 | (e) If an entity uses an American National Standards | ||||||
| 6 | Institute food handler training accredited program, that | ||||||
| 7 | training program shall be automatically approved by the | ||||||
| 8 | Department. | ||||||
| 9 | (f) Certified local health departments in counties serving | ||||||
| 10 | jurisdictions with a population of 100,000 or less, as reported | ||||||
| 11 | by the U.S. Census Bureau in the 2010 Census of Population, may | ||||||
| 12 | have a training program. The training program must meet the | ||||||
| 13 | requirements of Section 3.05(b) and be approved by the | ||||||
| 14 | Department. This Section notwithstanding, certified local | ||||||
| 15 | health departments in the following counties may have a | ||||||
| 16 | training program: | ||||||
| 17 | (1) a county with a population of 677,560 as reported | ||||||
| 18 | by the U.S. Census Bureau in the 2010 Census of Population; | ||||||
| 19 | (2) a county with a population of 308,760 as reported | ||||||
| 20 | by the U.S. Census Bureau in the 2010 Census of Population; | ||||||
| 21 | (3) a county with a population of 515,269 as reported | ||||||
| 22 | by the U.S. Census Bureau in the 2010 Census of Population; | ||||||
| 23 | (4) a county with a population of 114,736 as reported | ||||||
| 24 | by the U.S. Census Bureau in the 2010 Census of Population; | ||||||
| 25 | (5) a county with a population of 110,768 as reported | ||||||
| 26 | by the U.S. Census Bureau in the 2010 Census of Population; | ||||||
| |||||||
| |||||||
| 1 | (6) a county with a population of 135,394 as reported | ||||||
| 2 | by the U.S. Census Bureau in the 2010 Census of Population. | ||||||
| 3 | The certified local health departments in paragraphs (1) | ||||||
| 4 | through (6) of this subsection (f) must have their training | ||||||
| 5 | programs program on file with the Department no later than 90 | ||||||
| 6 | days after the effective date of this Act. Any modules that | ||||||
| 7 | meet the requirements of subsection (b) of Section 3.05 of this | ||||||
| 8 | Act and are not approved within 180 days after the Department's | ||||||
| 9 | receipt of the application of the entity seeking to conduct the | ||||||
| 10 | training shall automatically be considered approved by the | ||||||
| 11 | Department. | ||||||
| 12 | (g) Any and all documents, materials, or information | ||||||
| 13 | related to a restaurant or business food handler training | ||||||
| 14 | module submitted to the Department is confidential and shall | ||||||
| 15 | not be open to public inspection or dissemination and is exempt | ||||||
| 16 | from disclosure under Section 7 of the Freedom of Information | ||||||
| 17 | Act. Training may be conducted by any means available, | ||||||
| 18 | including, but not limited to, on-line, computer, classroom, | ||||||
| 19 | live trainers, remote trainers, and certified food service | ||||||
| 20 | sanitation managers. There must be at least one commercially | ||||||
| 21 | available, approved food handler training module at a cost of | ||||||
| 22 | no more than $15 per employee; if an approved food handler | ||||||
| 23 | training module is not available at that cost, then the | ||||||
| 24 | provisions of this Section 3.06 shall not apply. | ||||||
| 25 | (h) The regulation of food handler training is considered | ||||||
| 26 | to be an exclusive function of the State, and local regulation | ||||||
| |||||||
| |||||||
| 1 | is prohibited. This subsection (h) is a denial and limitation | ||||||
| 2 | of home rule powers and functions under subsection (h) of | ||||||
| 3 | Section 6 of Article VII of the Illinois Constitution. | ||||||
| 4 | (i) The provisions of this Section apply beginning July 1, | ||||||
| 5 | 2014. From July 1, 2014 through December 31, 2014, enforcement | ||||||
| 6 | of the provisions of this Section shall be limited to education | ||||||
| 7 | and notification of requirements to encourage compliance.
| ||||||
| 8 | (Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
| ||||||
| 9 | (410 ILCS 625/3.4) | ||||||
| 10 | Sec. 3.4. Product samples. | ||||||
| 11 | (a) For the purpose of this Section, "food product | ||||||
| 12 | sampling" means food product samples distributed free of charge | ||||||
| 13 | for promotional or educational purposes only. | ||||||
| 14 | (b) Notwithstanding any other provision of law, except as | ||||||
| 15 | provided in subsection (c) of this Section, a vendor who | ||||||
| 16 | engages in food product sampling at a farmers' market may do so | ||||||
| 17 | without obtaining a State or local permit to provide those food | ||||||
| 18 | product samples, provided the vendor complies with the State | ||||||
| 19 | and local permit requirements to sell the food product to be | ||||||
| 20 | sampled and with the food preparation, food handling, food | ||||||
| 21 | storage, and food sampling requirements specified in the | ||||||
| 22 | administrative rules adopted by the Department to implement | ||||||
| 23 | Section 3.3 and Section 3.4 of this Act. | ||||||
| 24 | The Department of Public Health is instructed to work with | ||||||
| 25 | the Farmers' Market Task Force as created in Section 3.3 of | ||||||
| |||||||
| |||||||
| 1 | this Act to establish a food sampling at farmers' market | ||||||
| 2 | training and certification program to fulfill this | ||||||
| 3 | requirement. The Department shall adopt rules for the food | ||||||
| 4 | sampling training and certification program and product | ||||||
| 5 | sampling requirements at farmers' markets in accordance with | ||||||
| 6 | subsection (j) of Section 3.3. The Department may charge a | ||||||
| 7 | reasonable fee for the training and certification program. The | ||||||
| 8 | Department may delegate or contract authority to administer the | ||||||
| 9 | food sampling training to other qualified public and private | ||||||
| 10 | entities. | ||||||
| 11 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
| 12 | this Section, the Department of Public Health, the Department | ||||||
| 13 | of Agriculture, a local municipal health department, or a | ||||||
| 14 | certified local health department may inspect a vendor at a | ||||||
| 15 | farmers' market to ensure compliance with the provisions in | ||||||
| 16 | this Section. If an imminent health hazard exists or a vendor's | ||||||
| 17 | product has been found to be misbranded, adulterated, or not in | ||||||
| 18 | compliance with the permit exemption for vendors pursuant to | ||||||
| 19 | this Section, then the regulatory authority may invoke | ||||||
| 20 | cessation of sales until it deems that the situation has been | ||||||
| 21 | addressed.
| ||||||
| 22 | (Source: P.A. 98-660, eff. 6-23-14.)
| ||||||
| 23 | (410 ILCS 625/3.6) | ||||||
| 24 | Sec. 3.6 3.4. Home kitchen operation. | ||||||
| 25 | (a) For the purpose of this Section, "home kitchen | ||||||
| |||||||
| |||||||
| 1 | operation" means a person who produces or packages | ||||||
| 2 | non-potentially hazardous food in a kitchen of that person's | ||||||
| 3 | primary domestic residence for direct sale by the owner or a | ||||||
| 4 | family member, or for sale by a religious, charitable, or | ||||||
| 5 | nonprofit organization, stored in the residence where the food | ||||||
| 6 | is made. The following conditions must be met in order to | ||||||
| 7 | qualify as a home kitchen operation: | ||||||
| 8 | (1) Monthly gross sales do not exceed $1,000. | ||||||
| 9 | (2) The food is not a potentially hazardous baked food, | ||||||
| 10 | as defined in Section 4 of this Act. | ||||||
| 11 | (3) A notice is provided to the purchaser that the | ||||||
| 12 | product was produced in a home kitchen. | ||||||
| 13 | (b) The Department of Public Health or the health | ||||||
| 14 | department of a unit of local government may inspect a home | ||||||
| 15 | kitchen operation in the event of a complaint or disease | ||||||
| 16 | outbreak. | ||||||
| 17 | (c) This Section applies only to a home kitchen operation | ||||||
| 18 | located in a municipality, township, or county where the local | ||||||
| 19 | governing body has adopted an ordinance authorizing the direct | ||||||
| 20 | sale of baked goods as described in Section 4 of this Act.
| ||||||
| 21 | (Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)
| ||||||
| 22 | Section 380. The Public Water Supply Operations Act is | ||||||
| 23 | amended by changing Sections 1 and 13 as follows:
| ||||||
| 24 | (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1.
(1) In order to safeguard the health and well-being | ||||||
| 2 | of the
populace, every community water supply in Illinois, | ||||||
| 3 | other than an exempt community water supply as specified in | ||||||
| 4 | Section 9.1, shall have on its
operational staff, and shall | ||||||
| 5 | designate to the Agency in writing, either (i) one Responsible | ||||||
| 6 | Operator in Charge who directly supervises both the treatment | ||||||
| 7 | and distribution facilities of the community water supply or | ||||||
| 8 | (ii) one Responsible Operator in Charge who directly supervises | ||||||
| 9 | the treatment facilities of the community water supply and one | ||||||
| 10 | Responsible Operator in Charge who directly supervises the | ||||||
| 11 | distribution facilities of the community water supply.
| ||||||
| 12 | Except for exempt community water supplies as specified in | ||||||
| 13 | Section 9.1 of
this Act, all portions of a community water | ||||||
| 14 | supply system shall be under the
direct supervision of a | ||||||
| 15 | Responsible Operator in Charge.
| ||||||
| 16 | (2) The following class requirements apply:
| ||||||
| 17 | (a) Each Class A community water supply shall have in
| ||||||
| 18 | its employ at least one individual certified as competent | ||||||
| 19 | as a Class A
community water supply operator.
| ||||||
| 20 | (b) Each Class B community water supply
shall have in | ||||||
| 21 | its employ at least one individual certified as competent
| ||||||
| 22 | as a Class B or Class A community water supply operator.
| ||||||
| 23 | (c) Each Class C community water supply
shall have in | ||||||
| 24 | its employ at least one individual certified as competent
| ||||||
| 25 | as a Class C, Class B, or Class A community water supply | ||||||
| 26 | operator.
| ||||||
| |||||||
| |||||||
| 1 | (d) Each Class D community water supply shall have in | ||||||
| 2 | its employ at least one
individual certified as competent | ||||||
| 3 | as a Class D, Class C, Class B, or
Class A community water | ||||||
| 4 | supply operator.
| ||||||
| 5 | (2.5) The Agency may adopt rules that classify or | ||||||
| 6 | reclassify community water supplies as Class A, Class B, Class | ||||||
| 7 | C, or Class D community water supplies. A community water | ||||||
| 8 | supply that cannot be clearly classified under Section 5.1 or | ||||||
| 9 | Agency rules shall be considered individually and
designated, | ||||||
| 10 | in writing, by the Agency, as a Class A, Class B, Class C, or | ||||||
| 11 | Class D community water supply. Classifications made under this | ||||||
| 12 | subsection (2.5) shall be based on the nature of the community | ||||||
| 13 | water
supply and on the education and experience necessary to | ||||||
| 14 | operate it.
| ||||||
| 15 | (3) A community water supply may satisfy the requirements | ||||||
| 16 | of this
Section by contracting the services of an individual | ||||||
| 17 | who is a properly qualified certified operator
of the required | ||||||
| 18 | class or higher, and will directly supervise the operation of | ||||||
| 19 | the community water supply. That individual shall serve as the | ||||||
| 20 | Responsible Operator in Charge of the community water supply. A
| ||||||
| 21 | written agreement to this effect must be on file with the | ||||||
| 22 | Agency certifying
that such an agreement exists, and delegating | ||||||
| 23 | responsibility and authority
to the contracted party. This | ||||||
| 24 | written agreement shall be signed by both the
certified | ||||||
| 25 | operator to be contracted and the responsible community water
| ||||||
| 26 | supply owner or official custodian and must be approved in | ||||||
| |||||||
| |||||||
| 1 | writing by the
Agency.
| ||||||
| 2 | (Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised | ||||||
| 3 | 10-1-14.)
| ||||||
| 4 | (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| ||||||
| 5 | Sec. 13.
Community Water Supply Operators shall be | ||||||
| 6 | certified in accordance with the
following classifications:
| ||||||
| 7 | (a) A "Class A" Water Supply Operator Certificate shall | ||||||
| 8 | be issued to
those individuals who, in accordance with this | ||||||
| 9 | Act, demonstrate the skills, knowledge, ability, and
| ||||||
| 10 | judgment that are necessary to operate a Class A community | ||||||
| 11 | water supply in a manner that will provide safe, potable | ||||||
| 12 | water for human consumption, as well as the skills, | ||||||
| 13 | knowledge, ability, and judgment necessary to operate | ||||||
| 14 | Class B, Class C, and Class D community water supplies in a
| ||||||
| 15 | manner that will provide safe, potable water for human | ||||||
| 16 | consumption.
| ||||||
| 17 | (b) A "Class B" Water Supply Operator Certificate shall | ||||||
| 18 | be issued to
those individuals who, in accordance with this | ||||||
| 19 | Act, demonstrate the skills, knowledge, ability, and
| ||||||
| 20 | judgment that are necessary to operate a Class B community | ||||||
| 21 | water supply in a manner that will provide safe, potable | ||||||
| 22 | water for human consumption, as well as the skills, | ||||||
| 23 | knowledge, ability, and judgment necessary to operate | ||||||
| 24 | Class C and Class D community water supplies in a manner | ||||||
| 25 | that will provide safe, potable water for human
| ||||||
| |||||||
| |||||||
| 1 | consumption.
| ||||||
| 2 | (c) A "Class C" Water Supply Operator Certificate shall | ||||||
| 3 | be issued to
those individuals who, in accordance with this | ||||||
| 4 | Act, demonstrate the skills, knowledge, ability, and
| ||||||
| 5 | judgment that are necessary to operate a Class C community | ||||||
| 6 | water supply in a manner that will provide safe, potable | ||||||
| 7 | water for human consumption, as well as the skills, | ||||||
| 8 | knowledge, ability, and judgment necessary to operate a | ||||||
| 9 | Class D community water supply in a manner that will
| ||||||
| 10 | provide safe, potable water for human consumption.
| ||||||
| 11 | (d) A "Class D" Water Supply Operator Certificate shall | ||||||
| 12 | be issued to
those individuals who, in accordance with this | ||||||
| 13 | Act, demonstrate the skills, knowledge, ability, and
| ||||||
| 14 | judgment that are necessary to operate a Class D community | ||||||
| 15 | water supply in a manner that will provide safe,
potable | ||||||
| 16 | water for human consumption.
| ||||||
| 17 | (Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised | ||||||
| 18 | 10-2-14.)
| ||||||
| 19 | Section 385. The Illinois Pesticide Act is amended by | ||||||
| 20 | changing Section 19.3 as follows:
| ||||||
| 21 | (415 ILCS 60/19.3)
| ||||||
| 22 | Sec. 19.3. Agrichemical Facility Response Action Program.
| ||||||
| 23 | (a) It is the policy of the State of Illinois that an | ||||||
| 24 | Agrichemical Facility
Response Action Program be implemented | ||||||
| |||||||
| |||||||
| 1 | to reduce potential agrichemical pollution
and minimize | ||||||
| 2 | environmental degradation risk potential at these sites. In | ||||||
| 3 | this
Section, "agrichemical facility" means a site where | ||||||
| 4 | agrichemicals are
stored or handled, or both, in preparation | ||||||
| 5 | for end use. "Agrichemical
facility" does not include basic | ||||||
| 6 | manufacturing or central distribution sites
utilized only for | ||||||
| 7 | wholesale purposes. As used in this Section, "agrichemical"
| ||||||
| 8 | means pesticides or commercial fertilizers at an agrichemical | ||||||
| 9 | facility.
| ||||||
| 10 | The program shall provide guidance for assessing the threat | ||||||
| 11 | of soil
agrichemical
contaminants to groundwater and | ||||||
| 12 | recommending which sites need to establish a
voluntary | ||||||
| 13 | corrective action program.
| ||||||
| 14 | The program shall establish appropriate site-specific soil | ||||||
| 15 | cleanup
objectives, which shall be based on the potential for | ||||||
| 16 | the agrichemical
contaminants to move from the soil to | ||||||
| 17 | groundwater and the potential of the
specific soil agrichemical | ||||||
| 18 | contaminants to cause an
exceedence of a Class I
or Class III | ||||||
| 19 | groundwater quality standard or a health advisory level. The
| ||||||
| 20 | Department shall use the information found and procedures | ||||||
| 21 | developed in the
Agrichemical Facility Site Contamination | ||||||
| 22 | Study or other appropriate physical
evidence to establish the | ||||||
| 23 | soil agrichemical contaminant
levels of concern to
groundwater | ||||||
| 24 | in the various hydrological settings to establish | ||||||
| 25 | site-specific
cleanup objectives.
| ||||||
| 26 | No remediation of a site may be recommended unless (i) the | ||||||
| |||||||
| |||||||
| 1 | agrichemical
contamination
level in the soil exceeds the | ||||||
| 2 | site-specific cleanup objectives
or (ii) the agrichemical | ||||||
| 3 | contaminant level in the soil
exceeds levels where physical | ||||||
| 4 | evidence and risk evaluation indicates
probability of the site | ||||||
| 5 | causing an
exceedence of a groundwater quality standard.
| ||||||
| 6 | When a remediation plan must be carried out over a number | ||||||
| 7 | of years due to
limited financial resources of the owner or | ||||||
| 8 | operator of the agrichemical
facility, those soil agrichemical | ||||||
| 9 | contaminated areas that
have the greatest potential to | ||||||
| 10 | adversely impact vulnerable Class I groundwater
aquifers and | ||||||
| 11 | adjacent potable water wells shall
receive the highest priority | ||||||
| 12 | rating and be remediated first.
| ||||||
| 13 | (b) (Blank).
| ||||||
| 14 | (c) (Blank).
| ||||||
| 15 | (d) The Director has the authority to do the following:
| ||||||
| 16 | (1) When requested by the owner or operator of an | ||||||
| 17 | agrichemical
facility, may investigate the agrichemical | ||||||
| 18 | facility site contamination.
| ||||||
| 19 | (2) After completion of the investigation under item | ||||||
| 20 | (1) of this
subsection, recommend to the owner or operator | ||||||
| 21 | of an
agrichemical facility that a
voluntary assessment be | ||||||
| 22 | made of the soil agrichemical
contaminant when there is
| ||||||
| 23 | evidence that the evaluation of risk indicates that
| ||||||
| 24 | groundwater could be
adversely impacted.
| ||||||
| 25 | (3) Review and make recommendations on any corrective | ||||||
| 26 | action plan
submitted by the owner or operator of an | ||||||
| |||||||
| |||||||
| 1 | agrichemical facility.
| ||||||
| 2 | (4) On approval by the Director, issue an order to the | ||||||
| 3 | owner or operator of
an
agrichemical facility that has | ||||||
| 4 | filed a voluntary corrective action plan that
the owner or | ||||||
| 5 | operator may proceed with that plan.
| ||||||
| 6 | (5) Provide remedial project oversight and monitor | ||||||
| 7 | remedial work progress.
| ||||||
| 8 | (6) Provide staff to support program activities.
| ||||||
| 9 | (7) (Blank).
| ||||||
| 10 | (8) Incorporate the following into a
handbook or | ||||||
| 11 | manual: the procedures for site assessment; pesticide | ||||||
| 12 | constituents
of concern and associated parameters; | ||||||
| 13 | guidance on remediation techniques, land
application, and | ||||||
| 14 | corrective action plans; and other information or | ||||||
| 15 | instructions
that the Department may find necessary.
| ||||||
| 16 | (9) Coordinate preventive response actions at | ||||||
| 17 | agrichemical facilities
pursuant to the
Groundwater | ||||||
| 18 | Quality Standards adopted pursuant to Section 8 of the | ||||||
| 19 | Illinois
Groundwater Protection Act to mitigate resource | ||||||
| 20 | groundwater impairment.
| ||||||
| 21 | Upon completion of the corrective action plan, the | ||||||
| 22 | Department shall issue a notice of closure stating that
| ||||||
| 23 | site-specific cleanup objectives have been met and no further | ||||||
| 24 | remedial action
is required to remedy the past agrichemical | ||||||
| 25 | contamination.
| ||||||
| 26 | When a soil agrichemical contaminant assessment confirms
| ||||||
| |||||||
| |||||||
| 1 | that remedial action
is not required in accordance with the | ||||||
| 2 | Agrichemical Facility Response Action
Program, a notice of | ||||||
| 3 | closure shall be
issued by the Department stating that no
| ||||||
| 4 | further remedial action is required to remedy the past | ||||||
| 5 | agrichemical
contamination.
| ||||||
| 6 | (e) Upon receipt of notification of an agrichemical
| ||||||
| 7 | contaminant in
groundwater pursuant to the Groundwater Quality | ||||||
| 8 | Standards, the Department shall
evaluate the severity of the | ||||||
| 9 | agrichemical contamination and
shall submit to the
| ||||||
| 10 | Environmental Protection Agency an informational notice | ||||||
| 11 | characterizing it as
follows:
| ||||||
| 12 | (1) An agrichemical contaminant in Class I or Class III
| ||||||
| 13 | groundwater has
exceeded
the levels of a standard adopted | ||||||
| 14 | pursuant to the Illinois Groundwater
Protection Act or a | ||||||
| 15 | health advisory established by the Illinois Environmental
| ||||||
| 16 | Protection Agency or the United States Environmental | ||||||
| 17 | Protection Agency; or
| ||||||
| 18 | (2) An agrichemical has been detected at a level that
| ||||||
| 19 | requires
preventive notification pursuant to a standard | ||||||
| 20 | adopted pursuant to the Illinois
Groundwater Protection | ||||||
| 21 | Act.
| ||||||
| 22 | (f) When agrichemical contamination is characterized as in
| ||||||
| 23 | subsection (e)(1) of this Section, a facility may elect to | ||||||
| 24 | participate in the
Agrichemical Facility
Response Action | ||||||
| 25 | Program. In these instances, the scope of the corrective
action | ||||||
| 26 | plans developed, approved, and completed under this program | ||||||
| |||||||
| |||||||
| 1 | shall be
limited to the soil agrichemical
contamination present | ||||||
| 2 | at the site unless implementation of the plan is
coordinated | ||||||
| 3 | with the Illinois Environmental Protection Agency as follows:
| ||||||
| 4 | (1) Upon receipt of notice of intent to include | ||||||
| 5 | groundwater in an action
by a facility, the Department | ||||||
| 6 | shall also
notify the Illinois Environmental Protection | ||||||
| 7 | Agency.
| ||||||
| 8 | (2) Upon receipt of the corrective action plan, the | ||||||
| 9 | Department shall
coordinate a joint review of the plan with | ||||||
| 10 | the Illinois Environmental
Protection Agency.
| ||||||
| 11 | (3) The Illinois Environmental Protection Agency may | ||||||
| 12 | provide a written
endorsement of the corrective action | ||||||
| 13 | plan.
| ||||||
| 14 | (4) The Illinois Environmental Protection Agency may | ||||||
| 15 | approve a
groundwater
management zone for a period
of 5 | ||||||
| 16 | years after the implementation of the corrective action | ||||||
| 17 | plan to allow for
groundwater impairment mitigation | ||||||
| 18 | results.
| ||||||
| 19 | (5) (Blank).
| ||||||
| 20 | (6) The Department, in cooperation with the Illinois | ||||||
| 21 | Environmental
Protection Agency, shall provide remedial | ||||||
| 22 | project oversight and , monitor remedial
work progress.
| ||||||
| 23 | (7) The Department shall, upon completion of the | ||||||
| 24 | corrective action plan, issue a notice of closure stating | ||||||
| 25 | that no
further remedial action is required to remedy the | ||||||
| 26 | past agrichemical
contamination.
| ||||||
| |||||||
| |||||||
| 1 | (g) When an owner or operator of an agrichemical facility | ||||||
| 2 | initiates a soil
contamination assessment on the owner's or | ||||||
| 3 | operator's own volition and
independent of any requirement | ||||||
| 4 | under this Section 19.3, information
contained in that | ||||||
| 5 | assessment may be held as confidential information by the
owner | ||||||
| 6 | or operator of the facility.
| ||||||
| 7 | (h) Except as otherwise provided by Department rule, on and | ||||||
| 8 | after the effective date of this amendatory Act of the 98th | ||||||
| 9 | General Assembly, any Agrichemical Facility Response Action | ||||||
| 10 | Program requirement that may be satisfied by an industrial | ||||||
| 11 | hygienist licensed pursuant to the Industrial Hygienists | ||||||
| 12 | Licensure Act repealed in this amendatory Act may be satisfied | ||||||
| 13 | by a Certified Industrial Hygienist certified by the American | ||||||
| 14 | Board of Industrial Hygiene. | ||||||
| 15 | (Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; revised | ||||||
| 16 | 12-10-14.)
| ||||||
| 17 | Section 390. The Firearm Owners Identification Card Act is | ||||||
| 18 | amended by changing Section 10 as follows:
| ||||||
| 19 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
| 20 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
| 21 | prohibitions. | ||||||
| 22 | (a) Whenever an application for a Firearm Owner's | ||||||
| 23 | Identification
Card is denied, whenever the Department fails to | ||||||
| 24 | act on an application
within 30 days of its receipt, or | ||||||
| |||||||
| |||||||
| 1 | whenever such a Card is revoked or seized
as provided for in | ||||||
| 2 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
| 3 | Director of State Police for a hearing upon
such denial, | ||||||
| 4 | revocation or seizure, unless the denial, revocation, or | ||||||
| 5 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
| 6 | stalking, domestic
battery, any violation of the Illinois | ||||||
| 7 | Controlled Substances Act, the Methamphetamine Control and | ||||||
| 8 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
| 9 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
| 10 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 11 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
| 12 | commission of an
offense that if committed by an adult would be | ||||||
| 13 | a felony, in which case the
aggrieved party may petition the | ||||||
| 14 | circuit court in writing in the county of
his or her residence | ||||||
| 15 | for a hearing upon such denial, revocation, or seizure.
| ||||||
| 16 | (b) At least 30 days before any hearing in the circuit | ||||||
| 17 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 18 | with a copy of the petition. The State's Attorney
may object to | ||||||
| 19 | the petition and present evidence. At the hearing the court
| ||||||
| 20 | shall
determine whether substantial justice has been done. | ||||||
| 21 | Should the court
determine that substantial justice has not | ||||||
| 22 | been done, the court shall issue an
order directing the | ||||||
| 23 | Department of State Police to issue a Card. However, the court | ||||||
| 24 | shall not issue the order if the petitioner is otherwise | ||||||
| 25 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
| 26 | federal law.
| ||||||
| |||||||
| |||||||
| 1 | (c) Any person prohibited from possessing a firearm under | ||||||
| 2 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 3 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| 4 | of this Act may apply to
the Director
of State Police
or | ||||||
| 5 | petition the circuit court in the county where the petitioner | ||||||
| 6 | resides,
whichever is applicable in accordance with subsection | ||||||
| 7 | (a) of this Section,
requesting relief
from such prohibition | ||||||
| 8 | and the Director or court may grant such relief if it
is
| ||||||
| 9 | established by the applicant to the court's or Director's | ||||||
| 10 | satisfaction
that:
| ||||||
| 11 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 12 | has been served
with a written
copy of the
petition at | ||||||
| 13 | least 30 days before any such hearing in the circuit court | ||||||
| 14 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 15 | opportunity to present evidence and object to
the petition;
| ||||||
| 16 | (1) the applicant has not been convicted of a forcible | ||||||
| 17 | felony under the
laws of this State or any other | ||||||
| 18 | jurisdiction within 20 years of the
applicant's | ||||||
| 19 | application for a Firearm Owner's Identification Card, or | ||||||
| 20 | at
least 20 years have passed since the end of any period | ||||||
| 21 | of imprisonment
imposed in relation to that conviction;
| ||||||
| 22 | (2) the circumstances regarding a criminal conviction, | ||||||
| 23 | where applicable,
the applicant's criminal history and his | ||||||
| 24 | reputation are such that the applicant
will not be likely | ||||||
| 25 | to act in a manner dangerous to public safety;
| ||||||
| 26 | (3) granting relief would not be contrary to the public | ||||||
| |||||||
| |||||||
| 1 | interest; and | ||||||
| 2 | (4) granting relief would not be contrary to federal | ||||||
| 3 | law.
| ||||||
| 4 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 5 | unit of government, who is denied, revoked, or has his or her | ||||||
| 6 | Firearm Owner's Identification Card seized under subsection | ||||||
| 7 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
| 8 | Police requesting relief if the officer did not act in a manner | ||||||
| 9 | threatening to the officer, another person, or the public as | ||||||
| 10 | determined by the treating clinical psychologist or physician, | ||||||
| 11 | and as a result of his or her work is referred by the employer | ||||||
| 12 | for or voluntarily seeks mental health evaluation or treatment | ||||||
| 13 | by a licensed clinical psychologist, psychiatrist, or | ||||||
| 14 | qualified examiner, and: | ||||||
| 15 | (A) the officer has not received treatment | ||||||
| 16 | involuntarily at a mental health facility, regardless of | ||||||
| 17 | the length of admission; or has not been voluntarily | ||||||
| 18 | admitted to a mental health facility for more than 30 days | ||||||
| 19 | and not for more than one incident within the past 5 years; | ||||||
| 20 | and | ||||||
| 21 | (B) the officer has not left the mental institution | ||||||
| 22 | against medical advice. | ||||||
| 23 | (2) The Director of State Police shall grant expedited | ||||||
| 24 | relief to active law enforcement officers described in | ||||||
| 25 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
| 26 | the Director that the officer's possession of a firearm does | ||||||
| |||||||
| |||||||
| 1 | not present a threat to themselves, others, or public safety. | ||||||
| 2 | The Director shall act on the request for relief within 30 | ||||||
| 3 | business days of receipt of: | ||||||
| 4 | (A) a notarized statement from the officer in the form | ||||||
| 5 | prescribed by the Director detailing the circumstances | ||||||
| 6 | that led to the hospitalization; | ||||||
| 7 | (B) all documentation regarding the admission, | ||||||
| 8 | evaluation, treatment and discharge from the treating | ||||||
| 9 | licensed clinical psychologist or psychiatrist of the | ||||||
| 10 | officer; | ||||||
| 11 | (C) a psychological fitness for duty evaluation of the | ||||||
| 12 | person completed after the time of discharge; and | ||||||
| 13 | (D) written confirmation in the form prescribed by the | ||||||
| 14 | Director from the treating licensed clinical psychologist | ||||||
| 15 | or psychiatrist that the provisions set forth in paragraph | ||||||
| 16 | (1) of this subsection (c-5) have been met, the person | ||||||
| 17 | successfully completed treatment, and their professional | ||||||
| 18 | opinion regarding the person's ability to possess | ||||||
| 19 | firearms. | ||||||
| 20 | (3) Officers eligible for the expedited relief in paragraph | ||||||
| 21 | (2) of this subsection (c-5) have the burden of proof on | ||||||
| 22 | eligibility and must provide all information required. The | ||||||
| 23 | Director may not consider granting expedited relief until the | ||||||
| 24 | proof and information is received. | ||||||
| 25 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 26 | "qualified examiner" shall have the same meaning as provided in | ||||||
| |||||||
| |||||||
| 1 | Chapter I 1 of the Mental Health and Developmental Disabilities | ||||||
| 2 | Code. | ||||||
| 3 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 4 | which if
committed by an adult would be a felony, the court | ||||||
| 5 | shall notify the Department
of State Police.
| ||||||
| 6 | (e) The court shall review the denial of an application or | ||||||
| 7 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 8 | person who has been adjudicated
delinquent for an offense that | ||||||
| 9 | if
committed by an adult would be a felony if an
application | ||||||
| 10 | for relief has been filed at least 10 years after the | ||||||
| 11 | adjudication
of delinquency and the court determines that the | ||||||
| 12 | applicant should be
granted relief from disability to obtain a | ||||||
| 13 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 14 | relief, the court shall notify the Department of State
Police | ||||||
| 15 | that the disability has
been removed and that the applicant is | ||||||
| 16 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
| 17 | (f) Any person who is subject to the disabilities of 18 | ||||||
| 18 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 19 | of 1968 because of an adjudication or commitment that occurred | ||||||
| 20 | under the laws of this State or who was determined to be | ||||||
| 21 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 22 | Section 8 of this Act may apply to the Department of State | ||||||
| 23 | Police requesting relief from that prohibition. The Director | ||||||
| 24 | shall grant the relief if it is established by a preponderance | ||||||
| 25 | of the evidence that the person will not be likely to act in a | ||||||
| 26 | manner dangerous to public safety and that granting relief | ||||||
| |||||||
| |||||||
| 1 | would not be contrary to the public interest. In making this | ||||||
| 2 | determination, the Director shall receive evidence concerning | ||||||
| 3 | (i) the circumstances regarding the firearms disabilities from | ||||||
| 4 | which relief is sought; (ii) the petitioner's mental health and | ||||||
| 5 | criminal history records, if any; (iii) the petitioner's | ||||||
| 6 | reputation, developed at a minimum through character witness | ||||||
| 7 | statements, testimony, or other character evidence; and (iv) | ||||||
| 8 | changes in the petitioner's condition or circumstances since | ||||||
| 9 | the disqualifying events relevant to the relief sought. If | ||||||
| 10 | relief is granted under this subsection or by order of a court | ||||||
| 11 | under this Section, the Director shall as soon as practicable | ||||||
| 12 | but in no case later than 15 business days, update, correct, | ||||||
| 13 | modify, or remove the person's record in any database that the | ||||||
| 14 | Department of State Police makes available to the National | ||||||
| 15 | Instant Criminal Background Check System and notify the United | ||||||
| 16 | States Attorney General that the basis for the record being | ||||||
| 17 | made available no longer applies. The Department of State | ||||||
| 18 | Police shall adopt rules for the administration of this | ||||||
| 19 | Section. | ||||||
| 20 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 21 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
| ||||||
| 22 | Section 395. The Firearm Concealed Carry Act is amended by | ||||||
| 23 | changing Section 40 as follows:
| ||||||
| 24 | (430 ILCS 66/40)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 40. Non-resident license applications. | ||||||
| 2 | (a) For the purposes of this Section, "non-resident" means | ||||||
| 3 | a person who has not resided within this State for more than 30 | ||||||
| 4 | days and resides in another state or territory. | ||||||
| 5 | (b) The Department shall by rule allow for non-resident | ||||||
| 6 | license applications from any state or territory of the United | ||||||
| 7 | States with laws related to firearm ownership, possession, and | ||||||
| 8 | carrying, that are substantially similar to the requirements to | ||||||
| 9 | obtain a license under this Act. | ||||||
| 10 | (c) A resident of a state or territory approved by the | ||||||
| 11 | Department under subsection (b) of this Section may apply for a | ||||||
| 12 | non-resident license. The applicant shall apply to the | ||||||
| 13 | Department and must meet all of the qualifications established | ||||||
| 14 | in Section 25 of this Act, except for the Illinois residency | ||||||
| 15 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
| 16 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
| 17 | applicant shall submit: | ||||||
| 18 | (1) the application and documentation required under | ||||||
| 19 | Section 30 of this Act and the applicable fee; | ||||||
| 20 | (2) a notarized document stating that the applicant: | ||||||
| 21 | (A) is eligible under federal law and the laws of | ||||||
| 22 | his or her state or territory of residence to own or | ||||||
| 23 | possess a firearm; | ||||||
| 24 | (B) if applicable, has a license or permit to carry | ||||||
| 25 | a firearm or concealed firearm issued by his or her | ||||||
| 26 | state or territory of residence and attach a copy of | ||||||
| |||||||
| |||||||
| 1 | the license or permit to the application; | ||||||
| 2 | (C) understands Illinois laws pertaining to the | ||||||
| 3 | possession and transport of firearms; , and | ||||||
| 4 | (D) acknowledges that the applicant is subject to | ||||||
| 5 | the jurisdiction of the Department and Illinois courts | ||||||
| 6 | for any violation of this Act; and | ||||||
| 7 | (3) a photocopy of any certificates or other evidence | ||||||
| 8 | of compliance with the training requirements under Section | ||||||
| 9 | 75 of this Act; and | ||||||
| 10 | (4) a head and shoulder color photograph in a size | ||||||
| 11 | specified by the Department taken within the 30 days | ||||||
| 12 | preceding the date of the application. | ||||||
| 13 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
| 14 | identification card, a non-resident applicant shall provide | ||||||
| 15 | similar documentation from his or her state or territory of | ||||||
| 16 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
| 17 | Card, the applicant shall submit documentation and information | ||||||
| 18 | required by the Department to obtain a Firearm Owner's | ||||||
| 19 | Identification Card, including an affidavit that the | ||||||
| 20 | non-resident meets the mental health standards to obtain a | ||||||
| 21 | firearm under Illinois law, and the Department shall ensure | ||||||
| 22 | that the applicant would meet the eligibility criteria to | ||||||
| 23 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
| 24 | resident of this State. | ||||||
| 25 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
| 26 | transporting a concealed firearm within his or her vehicle in | ||||||
| |||||||
| |||||||
| 1 | Illinois, if the concealed firearm remains within his or her | ||||||
| 2 | vehicle and the non-resident: | ||||||
| 3 | (1) is not prohibited from owning or possessing a | ||||||
| 4 | firearm under federal law; | ||||||
| 5 | (2) is eligible to carry a firearm in public under the | ||||||
| 6 | laws of his or her state or territory of residence, as
| ||||||
| 7 | evidenced by the possession of a concealed carry license or | ||||||
| 8 | permit issued by his or her state of residence, if
| ||||||
| 9 | applicable; and | ||||||
| 10 | (3) is not in possession of a license under this Act. | ||||||
| 11 | If the non-resident leaves his or her vehicle unattended, | ||||||
| 12 | he or she shall store the firearm within a locked vehicle or | ||||||
| 13 | locked container within the vehicle in accordance with | ||||||
| 14 | subsection (b) of Section 65 of this Act.
| ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised | ||||||
| 16 | 12-10-14.)
| ||||||
| 17 | Section 400. The Amusement Ride and Attraction Safety Act | ||||||
| 18 | is amended by changing Section 2-12 as follows:
| ||||||
| 19 | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| ||||||
| 20 | Sec. 2-12. Order for cessation of operation of amusement | ||||||
| 21 | ride or
attraction. | ||||||
| 22 | (a) The Department of Labor
may order, in writing, a | ||||||
| 23 | temporary and immediate cessation of operation of
any amusement | ||||||
| 24 | ride or amusement attraction if it:
| ||||||
| |||||||
| |||||||
| 1 | (1) it has been determined
after
inspection to be | ||||||
| 2 | hazardous or unsafe;
| ||||||
| 3 | (2) it is in operation before the Director
has issued a | ||||||
| 4 | permit to operate such equipment; or
| ||||||
| 5 | (3) the owner or operator is not in compliance with the | ||||||
| 6 | insurance
requirements contained in
Section 2-14 of this | ||||||
| 7 | Act and any rules or regulations adopted hereunder.
| ||||||
| 8 | (b) Operation of the
amusement ride or
amusement attraction | ||||||
| 9 | shall not resume until:
| ||||||
| 10 | (1) the unsafe or hazardous
condition is corrected to | ||||||
| 11 | the satisfaction of the Director or such inspector;
| ||||||
| 12 | (2) the Director has issued a permit to operate such | ||||||
| 13 | equipment; or
| ||||||
| 14 | (3) the
owner or operator is in compliance with the | ||||||
| 15 | insurance requirements contained in
Section 2-14 of this | ||||||
| 16 | Act and any rules or regulations adopted hereunder, | ||||||
| 17 | respectively. | ||||||
| 18 | (c) The Department shall notify the owner or operator in | ||||||
| 19 | writing of the grounds for the cessation of operation of the | ||||||
| 20 | amusement ride or attraction and of the conditions in need of | ||||||
| 21 | correction at the time the order for cessation is issued. | ||||||
| 22 | (d) The owner or operator may appeal an order of cessation | ||||||
| 23 | by filing a request for a hearing. The Department shall afford | ||||||
| 24 | the owner or operator 10 working days after the date of the | ||||||
| 25 | notice to request a hearing. Upon written request for hearing, | ||||||
| 26 | the Department shall schedule a formal administrative hearing | ||||||
| |||||||
| |||||||
| 1 | in compliance with Article 10 of the Illinois Administrative | ||||||
| 2 | Procedure Act and pursuant to the provisions of the | ||||||
| 3 | Department's rules of procedure in administrative hearings, | ||||||
| 4 | except that formal discovery, such as production requests, | ||||||
| 5 | interrogatories, requests to admit, and depositions will not be | ||||||
| 6 | allowed. The parties shall exchange documents and witness lists | ||||||
| 7 | prior to hearing and may request third party subpoenas to be | ||||||
| 8 | issued. | ||||||
| 9 | (e) The final determination by the Department of Labor | ||||||
| 10 | shall be rendered within 5 working days after the conclusion of | ||||||
| 11 | the hearing. | ||||||
| 12 | (f) The provisions of the Administrative Review Law shall | ||||||
| 13 | apply to and govern all proceedings for the judicial review of | ||||||
| 14 | a final determination under this Section.
| ||||||
| 15 | (Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14; | ||||||
| 16 | revised 12-10-14.)
| ||||||
| 17 | Section 405. The Illinois Modular Dwelling and Mobile | ||||||
| 18 | Structure Safety Act is amended by changing Section 2 as | ||||||
| 19 | follows:
| ||||||
| 20 | (430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
| ||||||
| 21 | Sec. 2.
Unless clearly indicated otherwise by the context, | ||||||
| 22 | the
following words and terms when used in this Act, for the | ||||||
| 23 | purpose of this
Act, shall have the following meanings:
| ||||||
| 24 | (a) (Blank) a manufactured home as defined in subdivision | ||||||
| |||||||
| |||||||
| 1 | (53) of Section 9-102 of the Uniform Commercial Code. "Mobile | ||||||
| 2 | home" means a factory-assembled, completely integrated | ||||||
| 3 | structure, constructed on or before June 30, 1976, designed for | ||||||
| 4 | permanent habitation, with a permanent chassis, and so | ||||||
| 5 | constructed as to permit its transport, on wheels temporarily | ||||||
| 6 | or permanently attached to its frame, that is a movable or | ||||||
| 7 | portable unit that is constructed to be towed on its own | ||||||
| 8 | chassis (comprised of frame and wheels) from the place of its | ||||||
| 9 | construction to the location, or subsequent locations, at which | ||||||
| 10 | it is connected to utilities for year-round occupancy for use | ||||||
| 11 | as a permanent habitation, and designed and situated so as to | ||||||
| 12 | permit its occupancy as a dwelling place for one or more | ||||||
| 13 | persons. terms "manufactured home" and "mobile home" otherwise | ||||||
| 14 | meeting their respective definitions terms "mobile home" and | ||||||
| 15 | "manufactured home" exclude.
| ||||||
| 16 | (b) "Person" means any individual, group of individuals, | ||||||
| 17 | association, trust, partnership, limited liability company, | ||||||
| 18 | corporation, person doing business under an assumed name, | ||||||
| 19 | county, municipality, the State of Illinois, or any political | ||||||
| 20 | subdivision or department thereof, or any other entity.
| ||||||
| 21 | (c) "Manufacturer" means any person who manufactures | ||||||
| 22 | mobile structures or modular dwellings
at the place or places, | ||||||
| 23 | either on or away from the
building site, at which machinery, | ||||||
| 24 | equipment, and other capital goods are
assembled and operated | ||||||
| 25 | for the purpose of making, fabricating, forming,
or assembling | ||||||
| 26 | mobile structures or modular dwellings.
| ||||||
| |||||||
| |||||||
| 1 | (d) "Department" means the Department of Public Health.
| ||||||
| 2 | (e) "Director" means the Director of the Department of | ||||||
| 3 | Public
Health.
| ||||||
| 4 | (f) (Blank).
| ||||||
| 5 | (g) "Codes" means the safety codes for modular dwellings | ||||||
| 6 | and
mobile structures adopted by the Department and is | ||||||
| 7 | synonymous with "rules". The Codes shall contain the
standards | ||||||
| 8 | and requirements for modular dwellings and mobile structures so
| ||||||
| 9 | that adequate performance for the intended use is made the test | ||||||
| 10 | of
acceptability. The Code of Standards shall permit the use of | ||||||
| 11 | new technology, techniques, methods and materials, for both | ||||||
| 12 | modular dwellings
and mobile structures, consistent with | ||||||
| 13 | recognized and
accepted codes and standards developed by the | ||||||
| 14 | International Code Council (ICC) or by the organizations that | ||||||
| 15 | formed the ICC in 1994, the National Fire Protection
| ||||||
| 16 | Association, the International Association of Plumbing and | ||||||
| 17 | Mechanical
Officials, the American National Standards | ||||||
| 18 | Institute, and the Illinois State
Plumbing Code.
| ||||||
| 19 | (h) "Seal" means a device or insignia issued by the | ||||||
| 20 | Department to be
displayed on the exterior of the mobile | ||||||
| 21 | structure or the interior of a modular dwelling
unit to | ||||||
| 22 | evidence compliance with the applicable safety code.
| ||||||
| 23 | (i) "Modular dwelling" means a
building assembly or system | ||||||
| 24 | of building sub-assemblies, designed for
habitation as a | ||||||
| 25 | dwelling for one or more persons, including the
necessary | ||||||
| 26 | electrical, plumbing, heating, ventilating and other service
| ||||||
| |||||||
| |||||||
| 1 | systems, which is of closed construction and which is made or
| ||||||
| 2 | assembled by a manufacturer, on or off the building site, for
| ||||||
| 3 | installation, or assembly and installation, on the building | ||||||
| 4 | site, installed and set up according to the manufacturer's | ||||||
| 5 | instructions on an approved foundation and support system. The | ||||||
| 6 | construction of modular dwelling units located in Illinois is | ||||||
| 7 | regulated by the Illinois Department of Public Health.
| ||||||
| 8 | (j) "Closed construction" is any building, component, | ||||||
| 9 | assembly or
system manufactured in such a manner that all | ||||||
| 10 | portions cannot readily be
inspected at the installation site | ||||||
| 11 | without disassembly, damage to, or
destruction thereof.
| ||||||
| 12 | (k) (Blank).
| ||||||
| 13 | (l) "Approved foundation and support system" means, for a | ||||||
| 14 | modular dwelling unit, a closed perimeter formation
consisting | ||||||
| 15 | of materials such as concrete, mortared concrete block,
| ||||||
| 16 | mortared brick, steel, or treated lumber extending into the | ||||||
| 17 | ground below the frost line which
shall include, but not | ||||||
| 18 | necessarily be limited to, cellars, basements, or
crawl spaces, | ||||||
| 19 | and does include the use of piers supporting the marriage wall | ||||||
| 20 | of the home that extend below the frost line.
| ||||||
| 21 | (m) "Code compliance certificate" means the certificate | ||||||
| 22 | provided by
the manufacturer to the Department that warrants | ||||||
| 23 | that the modular dwelling unit or mobile structure complies | ||||||
| 24 | with the applicable code.
| ||||||
| 25 | (n) "Mobile structure" means a movable or portable unit, | ||||||
| 26 | which, when assembled, is 8 feet or more in width and is 32 | ||||||
| |||||||
| |||||||
| 1 | body feet in length, constructed to be towed on its own chassis | ||||||
| 2 | (comprised of frame and wheels), and designed for occupancy | ||||||
| 3 | with or without a permanent foundation. "Mobile structure" | ||||||
| 4 | includes units designed to be used for multi-family | ||||||
| 5 | residential, commercial, educational, or industrial purposes, | ||||||
| 6 | excluding, however, recreational vehicles and single family | ||||||
| 7 | residences. | ||||||
| 8 | (Source: P.A. 98-749, eff. 7-16-14; 98-959, eff. 8-15-14; | ||||||
| 9 | revised 10-2-14.)
| ||||||
| 10 | Section 410. The Illinois Fertilizer Act of 1961 is amended | ||||||
| 11 | by changing Sections 4 and 20 as follows:
| ||||||
| 12 | (505 ILCS 80/4) (from Ch. 5, par. 55.4)
| ||||||
| 13 | Sec. 4. License and product registration.
| ||||||
| 14 | (a) Each brand and grade of fertilizer shall be registered | ||||||
| 15 | by the entity whose name appears upon the label
before being | ||||||
| 16 | distributed in this State. The application for registration
| ||||||
| 17 | shall be submitted with a label or facsimile of same to the | ||||||
| 18 | Director on
forms furnished by the Director, and shall be | ||||||
| 19 | accompanied by a fee of $20 per
grade within a brand. Upon | ||||||
| 20 | approval by the Director a copy of the
registration shall be | ||||||
| 21 | furnished to the applicant. All registrations expire
on | ||||||
| 22 | December 31 of each year.
| ||||||
| 23 | The application shall include the following information:
| ||||||
| 24 | (1) The net weight.
| ||||||
| |||||||
| |||||||
| 1 | (2) The brand and grade.
| ||||||
| 2 | (3) The guaranteed analysis.
| ||||||
| 3 | (4) The name and address of the registrant.
| ||||||
| 4 | (a-5) No entity whose name appears on the label shall | ||||||
| 5 | distribute a fertilizer in the State unless the entity has | ||||||
| 6 | secured a license under this Act on forms provided by the | ||||||
| 7 | Director. The license application shall be accompanied by a fee | ||||||
| 8 | of $100. Entities that store anhydrous ammonia as a fertilizer, | ||||||
| 9 | store bulk fertilizer, or custom blend a fertilizer at more | ||||||
| 10 | than one site under the same entity's name shall list any and | ||||||
| 11 | all additional sites with a complete address for each site and | ||||||
| 12 | remit a license fee of $50 for each site identified. Entities | ||||||
| 13 | performing lawn care applications for hire are exempt from | ||||||
| 14 | obtaining a license under this Act. All licenses expire on | ||||||
| 15 | December 31 of each year. | ||||||
| 16 | (b) A distributor shall not be required to register any | ||||||
| 17 | brand of
fertilizer or a custom blend which is already | ||||||
| 18 | registered under this
Act by another entity.
| ||||||
| 19 | (c) The plant nutrient content of each and every fertilizer
| ||||||
| 20 | must remain uniform for the period of registration and, in no | ||||||
| 21 | case, shall
the percentage of any guaranteed plant nutrient | ||||||
| 22 | element be changed in such
a manner that the crop-producing | ||||||
| 23 | quality of the fertilizer is
lowered.
| ||||||
| 24 | (d) (Blank).
| ||||||
| 25 | (e) A custom blend, as defined in Section 3, prepared for | ||||||
| 26 | one consumer or end user
shall not be co-mingled with the | ||||||
| |||||||
| |||||||
| 1 | custom blended fertilizer prepared for
another consumer or end | ||||||
| 2 | user.
| ||||||
| 3 | (f) All fees collected pursuant to this Section shall be | ||||||
| 4 | paid to the Fertilizer Control Fund for activities related to | ||||||
| 5 | the administration and enforcement of this Act.
| ||||||
| 6 | (Source: P.A. 97-960, eff. 8-15-12; 98-756, eff. 7-16-14; | ||||||
| 7 | revised 12-10-14.)
| ||||||
| 8 | (505 ILCS 80/20) (from Ch. 5, par. 55.20)
| ||||||
| 9 | Sec. 20. Administrative hearings; notice. Any entity so | ||||||
| 10 | notified of violating this Act or its rules, shall be given the | ||||||
| 11 | opportunity to be heard as may be prescribed by the Director. | ||||||
| 12 | When an administrative hearing is held, the hearing officer, | ||||||
| 13 | upon determination of a violation of this Act, shall levy and | ||||||
| 14 | the Department shall collect administrative penalties in | ||||||
| 15 | addition to any initial penalty levied by this Act as follows: | ||||||
| 16 | (1) A penalty of $1,000 shall be imposed for: | ||||||
| 17 | (A) neglect or refusal by any entity, after notice | ||||||
| 18 | in writing, to comply with provisions of this Act or | ||||||
| 19 | its rules or any lawful order of the Director; | ||||||
| 20 | (B) every sale, disposal, or distribution of a | ||||||
| 21 | fertilizer that is under a stop-sale order; or | ||||||
| 22 | (C) concealing facts or conditions, impeding, | ||||||
| 23 | obstructing, hindering, or otherwise preventing or | ||||||
| 24 | attempting to prevent the Director, or his or her duly | ||||||
| 25 | authorized agent, in the performance of his or her duty | ||||||
| |||||||
| |||||||
| 1 | in connection with the provisions of this Act. | ||||||
| 2 | (2) A penalty of $500 shall be imposed for the | ||||||
| 3 | following violations: | ||||||
| 4 | (A) distribution of a fertilizer that is | ||||||
| 5 | misbranded or adulterated; | ||||||
| 6 | (B) distribution of a fertilizer that does not have | ||||||
| 7 | an accompanying label attached or displayed; | ||||||
| 8 | (C) failure to comply with any provisions of this | ||||||
| 9 | Act or its rules other than described under this | ||||||
| 10 | Section. | ||||||
| 11 | The Department, over the signature of the Director, is | ||||||
| 12 | authorized to issue subpoenas and bring before the Department | ||||||
| 13 | any entity in this State to take testimony orally, by | ||||||
| 14 | deposition, or by exhibit, in the same manner prescribed by law | ||||||
| 15 | in judicial proceedings or civil cases in the circuit courts of | ||||||
| 16 | this State. The Director is authorized to issue subpoenas duces | ||||||
| 17 | tecum for records relating to a fertilizer distributor's or | ||||||
| 18 | registrant's business. | ||||||
| 19 | When a fertilizer-soil amendment combination labeled in | ||||||
| 20 | accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject | ||||||
| 21 | to penalties, the larger penalty shall be assessed. | ||||||
| 22 | All penalties collected by the Department under this | ||||||
| 23 | Section shall be deposited into the Fertilizer Control Fund. | ||||||
| 24 | Any penalty not paid within 60 days after receiving the notice | ||||||
| 25 | from the Department shall be submitted to the Attorney | ||||||
| 26 | General's office for collection.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-960, eff. 8-15-12; revised 12-10-14.)
| ||||||
| 2 | Section 415. The Illinois Seed Law is amended by changing | ||||||
| 3 | Section 4.1 as follows:
| ||||||
| 4 | (505 ILCS 110/4.1) (from Ch. 5, par. 404.1)
| ||||||
| 5 | Sec. 4.1.
All seeds named and treated as defined in this | ||||||
| 6 | Act (for which a separate
label may be used) must be labeled | ||||||
| 7 | with:
| ||||||
| 8 | (1) A word or statement indicating that the seed has | ||||||
| 9 | been treated.
| ||||||
| 10 | (2) The commonly accepted, coined, chemical or | ||||||
| 11 | abbreviated chemical
(generic) name of the applied | ||||||
| 12 | substance or description of the process used.
| ||||||
| 13 | (3) If the substance in the amount present with the | ||||||
| 14 | seed is harmful to
human or other vertebrate animals, a | ||||||
| 15 | caution statement such as "Do not use
for food, feed, oil | ||||||
| 16 | purposes" or otherwise as required by the Uniform
Hazardous | ||||||
| 17 | Substances Substance Act of Illinois. The caution for toxic
| ||||||
| 18 | substances shall be a poison statement or symbol.
| ||||||
| 19 | (4) If the seed is treated with an inoculant, the date | ||||||
| 20 | beyond which the
inoculant is not to be considered | ||||||
| 21 | effective (date of expiration).
| ||||||
| 22 | (5) Require symbol statement and the appropriate | ||||||
| 23 | Environmental
Protection Agency signal word -- DANGER, | ||||||
| 24 | CAUTION OR WARNING.
| ||||||
| |||||||
| |||||||
| 1 | (6) All treated seeds are required to be stained so | ||||||
| 2 | that they are easily
distinguished by the ordinary observer | ||||||
| 3 | when examined regardless of the
proportion of treated to | ||||||
| 4 | untreated seeds. The color used on treated seed
shall | ||||||
| 5 | persist as long as seed bear pesticide residue.
| ||||||
| 6 | (Source: P.A. 85-717; revised 12-10-14.)
| ||||||
| 7 | Section 420. The Illinois Bovine Brucellosis Eradication | ||||||
| 8 | Act is amended by changing Section 1 as follows:
| ||||||
| 9 | (510 ILCS 30/1) (from Ch. 8, par. 134)
| ||||||
| 10 | Sec. 1.
As used in this Act, unless the context otherwise | ||||||
| 11 | requires, words and
phrases have the meanings ascribed to them | ||||||
| 12 | in the Sections following this Section and preceding Section 2 | ||||||
| 13 | Sections 1.1 to 1.12,
inclusive.
| ||||||
| 14 | (Source: P.A. 78-818; revised 12-10-14.)
| ||||||
| 15 | Section 425. The Herptiles-Herps Act is amended by changing | ||||||
| 16 | Section 105-95 as follows:
| ||||||
| 17 | (510 ILCS 68/105-95)
| ||||||
| 18 | Sec. 105-95. Financial value of herptiles. | ||||||
| 19 | (a) For purposes of this Section, the financial value of | ||||||
| 20 | all reptiles and amphibians described under this Act taken, | ||||||
| 21 | possessed, or used in violation of this Act, whether in whole | ||||||
| 22 | or in part, is as follows: | ||||||
| |||||||
| |||||||
| 1 | (1) for processed turtle parts, $8 for each pound or | ||||||
| 2 | fraction of a pound; for each non-processed turtle, $15 per | ||||||
| 3 | whole turtle or fair market value, whichever is greater;
| ||||||
| 4 | (2) for frogs, toads, salamanders, lizards, and | ||||||
| 5 | snakes, $5 per herptile or fair market value, whichever is | ||||||
| 6 | greater, in whole or in part, unless specified as a special | ||||||
| 7 | use herptile; | ||||||
| 8 | (3) for any special use herptile, the value shall be no | ||||||
| 9 | less than $250 per special use herptile or fair market | ||||||
| 10 | value, whichever is greater; | ||||||
| 11 | (4) for any endangered or threatened herptile, the | ||||||
| 12 | value shall be no less than $150 per endangered or | ||||||
| 13 | threatened threatend herptile or fair market value, | ||||||
| 14 | whichever is greater; and | ||||||
| 15 | (5) any person who, for profit or commercial purposes, | ||||||
| 16 | knowingly captures or kills, possesses, offers for sale, | ||||||
| 17 | sells, offers to barter, barters, offers to purchase, | ||||||
| 18 | purchases, delivers for shipment, ships, exports, imports, | ||||||
| 19 | causes to be shipped, exported, or imported, delivers for | ||||||
| 20 | transportation, transports, or causes to be transported, | ||||||
| 21 | carries or causes to be carried, or receives for shipment, | ||||||
| 22 | transportation, carriage, or export any reptile or | ||||||
| 23 | amphibian life, in part or in whole, of any of the reptiles | ||||||
| 24 | and amphibians protected by this Act, and that reptile or | ||||||
| 25 | amphibian life, in whole or in part, is valued at or in | ||||||
| 26 | excess of a total of $300 or fair market value, whichever | ||||||
| |||||||
| |||||||
| 1 | is greater, as per value specified in paragraphs (1), (2), | ||||||
| 2 | (3), and (4) of this subsection commits a Class 3 felony.
| ||||||
| 3 | (b) The trier of fact may infer that a person "knowingly | ||||||
| 4 | possesses" a reptile or amphibian, in whole or in part, | ||||||
| 5 | captured or killed in violation of this Act, valued at or in | ||||||
| 6 | excess of $600, as per value specified in paragraphs (1), (2), | ||||||
| 7 | (3), and (4) of subsection (a) of this Section.
| ||||||
| 8 | (Source: P.A. 98-752, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 9 | Section 430. The Humane Care for Animals Act is amended by | ||||||
| 10 | changing Section 2 as follows:
| ||||||
| 11 | (510 ILCS 70/2) (from Ch. 8, par. 702)
| ||||||
| 12 | Sec. 2.
As used in this Act, unless the context otherwise | ||||||
| 13 | requires, the terms
specified in the Sections following this | ||||||
| 14 | Section and preceding Section 3 Sections 2.01 through 2.07 have | ||||||
| 15 | the meanings ascribed to them
in those Sections.
| ||||||
| 16 | (Source: P.A. 78-905; revised 12-10-14.)
| ||||||
| 17 | Section 435. The Illinois Swine Brucellosis Eradication | ||||||
| 18 | Act is amended by changing Section 1 as follows:
| ||||||
| 19 | (510 ILCS 95/1) (from Ch. 8, par. 148f)
| ||||||
| 20 | Sec. 1.
As used in this Act, unless the context otherwise | ||||||
| 21 | requires, words
and phrases have the meanings ascribed to them | ||||||
| 22 | in the Sections following this Section and preceding Section 2 | ||||||
| |||||||
| |||||||
| 1 | Sections 1.1 to 1.7,
inclusive.
| ||||||
| 2 | (Source: Laws 1959, p. 2259; revised 12-10-14.)
| ||||||
| 3 | Section 440. The Fish and Aquatic Life Code is amended by | ||||||
| 4 | changing Sections 1-20, 15-155, and 20-55 as follows:
| ||||||
| 5 | (515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
| ||||||
| 6 | Sec. 1-20. Aquatic life. "Aquatic life" means all
fish, | ||||||
| 7 | mollusks, crustaceans, algae, aquatic
plants, aquatic | ||||||
| 8 | invertebrates, and any other aquatic animals or plants that the | ||||||
| 9 | Department identifies in rules adopted after consultation with | ||||||
| 10 | biologists, zoologists, or other wildlife experts. "Aquatic | ||||||
| 11 | life" does not mean any herptiles that are found in the | ||||||
| 12 | Herptiles-Herps Act.
| ||||||
| 13 | (Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; revised | ||||||
| 14 | 10-2-14.)
| ||||||
| 15 | (515 ILCS 5/15-155) | ||||||
| 16 | Sec. 15-155. Watercraft used as a primary collection device | ||||||
| 17 | for commercial fishes. Any person licensed as a commercial | ||||||
| 18 | fisherman who wishes to use his or her their watercraft as a | ||||||
| 19 | primary collection device for commercial fishes must first | ||||||
| 20 | obtain a commercial watercraft device tag. All watercraft used | ||||||
| 21 | as a primary collection device must be legally licensed by the | ||||||
| 22 | State and be in compliance with all Coast Guard boating | ||||||
| 23 | regulations. This Section does not apply to any person taking | ||||||
| |||||||
| |||||||
| 1 | Asian Carp by the aid of a boat for non-commercial purposes.
| ||||||
| 2 | (Source: P.A. 98-336, eff. 1-1-14; revised 12-10-14.)
| ||||||
| 3 | (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
| ||||||
| 4 | Sec. 20-55. License fees for non-residents. Fees for | ||||||
| 5 | licenses for
non-residents of the State of Illinois are as | ||||||
| 6 | follows:
| ||||||
| 7 | (a) For sport fishing devices as defined by Section
10-95, | ||||||
| 8 | or spearing
devices as defined in Section 10-110, non-residents | ||||||
| 9 | age 16 or older shall be
charged $31 for a fishing license to | ||||||
| 10 | fish. For sport fishing devices as defined
by Section 10-95, or | ||||||
| 11 | spearing devices as defined in Section 10-110, for a
period not | ||||||
| 12 | to exceed 3 consecutive days fishing in the State of Illinois | ||||||
| 13 | the
fee is $15.00.
| ||||||
| 14 | For sport fishing devices as defined in Section 10-95,
or | ||||||
| 15 | spearing
devices as defined in Section 10-110, for 24 hours of | ||||||
| 16 | fishing the fee is $10. This license does not exempt the | ||||||
| 17 | licensee from
the salmon or inland trout stamp requirement.
| ||||||
| 18 | (b) All non-residents before using any commercial fishing | ||||||
| 19 | device
shall obtain a non-resident commercial fishing license, | ||||||
| 20 | the fee for
which shall be $300, and a non-resident fishing | ||||||
| 21 | license licensing. Each and every commercial device shall be
| ||||||
| 22 | licensed by a non-resident commercial fisherman as follows:
| ||||||
| 23 | (1) For each 100 lineal yards, or fraction thereof, of | ||||||
| 24 | seine
(excluding minnow seines) the fee is $36.
| ||||||
| 25 | (2) For each device to fish with a 100 hook trot line
| ||||||
| |||||||
| |||||||
| 1 | device,
basket trap, hoop net, or dip net the fee is $6.
| ||||||
| 2 | (3) For each 100 lineal yards, or fraction thereof, of | ||||||
| 3 | trammel net
the fee is $36.
| ||||||
| 4 | (4) For each 100 lineal yards, or fraction thereof, of | ||||||
| 5 | gill net
the fee is $36.
| ||||||
| 6 | All persons required to have and failing to have the | ||||||
| 7 | license provided
for in subsection (a) of this Section shall be | ||||||
| 8 | fined under Section 20-35
of this Code. Each person required to | ||||||
| 9 | have and failing to have the
licenses required under subsection | ||||||
| 10 | (b) of this Section shall be guilty of a
Class B misdemeanor.
| ||||||
| 11 | All licenses provided for in this Section shall expire on | ||||||
| 12 | March 31 of
each year; except that the 24-hour license for | ||||||
| 13 | sport fishing devices or
spearing devices shall
expire 24 hours | ||||||
| 14 | after the effective date and time listed on the face of the
| ||||||
| 15 | license and licenses for sport fishing devices
or spearing
| ||||||
| 16 | devices for a period not to exceed 3 consecutive days fishing | ||||||
| 17 | in the
State of Illinois as provided in subsection (a) of this | ||||||
| 18 | Section shall
expire at midnight on the tenth day after issued, | ||||||
| 19 | not counting the day
issued.
| ||||||
| 20 | (Source: P.A. 96-831, eff. 1-1-10; 97-1136, eff. 1-1-13; | ||||||
| 21 | revised 12-10-14.)
| ||||||
| 22 | Section 445. The Wildlife Code is amended by changing | ||||||
| 23 | Sections 2.2b, 2.5, and 3.1-9 as follows:
| ||||||
| 24 | (520 ILCS 5/2.2b) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2.2b. Imminent threat; nuisance permits. | ||||||
| 2 | (a) It shall not be illegal for an owner or tenant of land, | ||||||
| 3 | or his or her their designated agent, to immediately take on | ||||||
| 4 | his or her property a gray wolf, Canis lupus; American black | ||||||
| 5 | bear, Ursus americanus; or cougar, Puma concolor if, at any | ||||||
| 6 | time, the gray wolf, American black bear, or cougar is stalking | ||||||
| 7 | or , causing an imminent threat, or there is a reasonable | ||||||
| 8 | expectation that it causes an imminent threat of physical harm | ||||||
| 9 | or death to a human, livestock, or domestic animals or harm to | ||||||
| 10 | structures or other property on the owner's or tenant's land. | ||||||
| 11 | (b) The Department may grant a nuisance permit to the owner | ||||||
| 12 | or tenant of land, or his or her their designated agent, for | ||||||
| 13 | the taking of a gray wolf, American black bear, or cougar that | ||||||
| 14 | is causing a threat to an owner or tenant of land or his or her | ||||||
| 15 | property that is not an immediate threat under subsection (a) | ||||||
| 16 | of this Section. | ||||||
| 17 | (c) The Department shall adopt rules to implement this | ||||||
| 18 | Section.
| ||||||
| 19 | (Source: P.A. 98-1033, eff. 1-1-15; revised 11-26-14.)
| ||||||
| 20 | (520 ILCS 5/2.5) | ||||||
| 21 | Sec. 2.5. Crossbow conditions. A person may use a crossbow | ||||||
| 22 | if one or more of the following conditions are met: | ||||||
| 23 | (1) the user is a person age 62 and older; | ||||||
| 24 | (2) the user is a handicapped person to whom the | ||||||
| 25 | Director has issued a permit to use a crossbow, as provided | ||||||
| |||||||
| |||||||
| 1 | by administrative rule; or | ||||||
| 2 | (3) the date of using the crossbow is during the period | ||||||
| 3 | of the second Monday following the Thanksgiving holiday | ||||||
| 4 | through the last day of the archery deer hunting season | ||||||
| 5 | (both inclusive) set annually by the Director. | ||||||
| 6 | As used in this Section, "handicapped person" means a | ||||||
| 7 | person who has a physical impairment due to injury or disease, | ||||||
| 8 | congenital or acquired, which renders the person them so | ||||||
| 9 | severely disabled as to be unable to use a longbow, recurve | ||||||
| 10 | bow, or compound bow. Permits must be issued only after the | ||||||
| 11 | receipt of a physician's statement confirming the applicant is | ||||||
| 12 | handicapped as defined above.
| ||||||
| 13 | (Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
| ||||||
| 14 | (520 ILCS 5/3.1-9) | ||||||
| 15 | Sec. 3.1-9. Youth Hunting License. Any resident youth age | ||||||
| 16 | 16 and under may apply to the Department for a Youth Hunting | ||||||
| 17 | License, which extends limited hunting privileges. The Youth | ||||||
| 18 | Hunting License shall be a renewable license that shall expire | ||||||
| 19 | on the March 31 following the date of issuance. | ||||||
| 20 | For youth age 16 and under, the Youth Hunting License shall | ||||||
| 21 | entitle the licensee to hunt while supervised by a parent, | ||||||
| 22 | grandparent, or guardian who is 21 years of age or older and | ||||||
| 23 | has a valid Illinois hunting license. Possession of a Youth | ||||||
| 24 | Hunting License shall serve in lieu of a valid hunting license, | ||||||
| 25 | but does not exempt the licensee from compliance with the | ||||||
| |||||||
| |||||||
| 1 | requirements of this Code and any rules adopted under this | ||||||
| 2 | Code. | ||||||
| 3 | A youth licensed under this Section shall not hunt or carry | ||||||
| 4 | a hunting device, including, but not limited to, a firearm, bow | ||||||
| 5 | and arrow, or crossbow unless the youth is accompanied by and | ||||||
| 6 | under the close personal supervision of a parent, grandparent, | ||||||
| 7 | or guardian who is 21 years of age or older and has a valid | ||||||
| 8 | Illinois hunting license. | ||||||
| 9 | At age 17 years or when the youth chooses to hunt by | ||||||
| 10 | himself or herself, he or she is themselves, they are required | ||||||
| 11 | to successfully complete a hunter safety course approved by the | ||||||
| 12 | Department prior to being able to obtain a full hunting license | ||||||
| 13 | and subsequently hunt by himself or herself themselves. | ||||||
| 14 | In order to be approved for the Youth Hunting License, the | ||||||
| 15 | applicant must request a Youth Hunting License from the | ||||||
| 16 | Department and submit a $7 fee, which shall be separate from | ||||||
| 17 | and additional to any other stamp, permit, tag, or license fee | ||||||
| 18 | that may be required for hunting under this Code. The | ||||||
| 19 | Department shall adopt rules for the administration of the | ||||||
| 20 | program, but shall not require any certificate of competency or | ||||||
| 21 | other hunting education as a condition of the Youth Hunting | ||||||
| 22 | License.
| ||||||
| 23 | (Source: P.A. 98-620, eff. 1-7-14; revised 12-10-14.)
| ||||||
| 24 | Section 450. The Railroad Police Act is amended by changing | ||||||
| 25 | Section 2 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (610 ILCS 80/2) (from Ch. 114, par. 98)
| ||||||
| 2 | Sec. 2. Conductors of all railroad trains, and the captain | ||||||
| 3 | or master of any
boat carrying passengers within the | ||||||
| 4 | jurisdiction of this State state, are is vested
with police | ||||||
| 5 | powers while on duty on their respective trains and boats, and
| ||||||
| 6 | may wear an appropriate badge indicative of this authority.
| ||||||
| 7 | In the policing of its properties any registered rail | ||||||
| 8 | carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||||||
| 9 | Code, may provide for the
appointment and maintenance of a | ||||||
| 10 | police force to aid and supplement the police forces of any | ||||||
| 11 | municipality
in the protection of its property and the | ||||||
| 12 | protection of the persons and
property of its passengers and | ||||||
| 13 | employees, or in furtherance of
the purposes for which the | ||||||
| 14 | railroad was organized. While engaged in the
conduct of their | ||||||
| 15 | employment, the members of the railroad police force have
and | ||||||
| 16 | may exercise the same police powers conferred upon any peace | ||||||
| 17 | officer employed by a law enforcement agency of this State, | ||||||
| 18 | including the authority to issue administrative citations in | ||||||
| 19 | accordance with the provisions of county or municipal | ||||||
| 20 | ordinances.
| ||||||
| 21 | Any registered rail carrier that appoints and maintains a | ||||||
| 22 | police force shall comply with the following requirements: | ||||||
| 23 | (1) Establish an internal policy that includes | ||||||
| 24 | procedures to ensure objective oversight in addressing | ||||||
| 25 | allegations of abuse of authority or other misconduct on | ||||||
| |||||||
| |||||||
| 1 | the part of its police officers. | ||||||
| 2 | (2) Adopt appropriate policies and guidelines for | ||||||
| 3 | employee investigations by police officers. These policies | ||||||
| 4 | and guidelines shall provide for initiating employee | ||||||
| 5 | investigations only under the following conditions: | ||||||
| 6 | (A) There is reason to believe criminal misconduct | ||||||
| 7 | has occurred. | ||||||
| 8 | (B) In response to an employee accident. | ||||||
| 9 | (C) There is reason to believe that the interview | ||||||
| 10 | of an employee could result in workplace violence. | ||||||
| 11 | (D) There is a legitimate concern for the personal | ||||||
| 12 | safety of one or more employees. | ||||||
| 13 | These policies and guidelines shall provide for the | ||||||
| 14 | right of an employee to request a representative to be | ||||||
| 15 | present during any interview concerning a non-criminal | ||||||
| 16 | matter. | ||||||
| 17 | (3) File copies of the policies and guidelines adopted | ||||||
| 18 | under paragraphs (1) and (2) with the Illinois Law | ||||||
| 19 | Enforcement Training Standards Board, which shall make | ||||||
| 20 | them available for public inspection. The Board shall | ||||||
| 21 | review the policies and guidelines, and approve them if | ||||||
| 22 | they comply with the Act. | ||||||
| 23 | (4) Appeal of a rail carrier's decision.
A person | ||||||
| 24 | adversely affected or aggrieved by a decision of a rail | ||||||
| 25 | carrier's internal investigation under this Act may appeal | ||||||
| 26 | the decision to the Illinois State Police. The appeal shall | ||||||
| |||||||
| |||||||
| 1 | be filed no later than 90 days after the issuance of the | ||||||
| 2 | decision. The State Police shall review the depth, | ||||||
| 3 | completeness, and objectivity of the rail carrier's | ||||||
| 4 | investigation, and may conduct its own investigation of the | ||||||
| 5 | complaint. The State Police may uphold, overturn, or modify | ||||||
| 6 | the rail carrier's decision by filing a report of its | ||||||
| 7 | findings and recommendations with the Illinois Commerce | ||||||
| 8 | Commission. Consistent with authority under Chapter 18C of | ||||||
| 9 | the Illinois Vehicle Code and the Commission rules of | ||||||
| 10 | practice, the Commission shall have the power to conduct | ||||||
| 11 | evidentiary hearings, make findings, and issue and enforce | ||||||
| 12 | orders, including sanctions under Section 18c-1704 of the | ||||||
| 13 | Illinois Vehicle Code. | ||||||
| 14 | Rulemaking authority to implement this amendatory Act of | ||||||
| 15 | the 95th General Assembly, if any, is conditioned on the rules | ||||||
| 16 | being adopted in accordance with all provisions of the Illinois | ||||||
| 17 | Administrative Procedure Act and all rules and procedures of | ||||||
| 18 | the Joint Committee on Administrative Rules; any purported rule | ||||||
| 19 | not so adopted, for whatever reason, is unauthorized. | ||||||
| 20 | (Source: P.A. 98-791, eff. 7-25-14; revised 12-10-14.)
| ||||||
| 21 | Section 455. The Rivers, Lakes, and Streams Act is amended | ||||||
| 22 | by changing Section 18j as follows:
| ||||||
| 23 | (615 ILCS 5/18j) | ||||||
| 24 | Sec. 18j. ESDA critical facility evacuation plans. Any | ||||||
| |||||||
| |||||||
| 1 | critical facility that gives shelter to a person who would be | ||||||
| 2 | unable to evacuate without assistance during a flooding event, | ||||||
| 3 | and that is located in an area deemed by operation of law not | ||||||
| 4 | to be within the 100-year floodplain because the area in which | ||||||
| 5 | the critical facility is located lies within an area protected | ||||||
| 6 | by a federal levee and is located in a flood prevention | ||||||
| 7 | district established in accordance with the Flood Prevention | ||||||
| 8 | District Act shall develop an evacuation plan and certify to | ||||||
| 9 | the Emergency Services and Disaster Agency (ESDA), as defined | ||||||
| 10 | by Section 4 of the Illinois Emergency Management Agency Act, | ||||||
| 11 | on a form provided by the ESDA, that it has developed an | ||||||
| 12 | evacuation plan which the critical facility has or will | ||||||
| 13 | implement prior to or concurrent with occupancy of the facility | ||||||
| 14 | to evacuate persons who need assistance evacuating the facility | ||||||
| 15 | and the flooded area.
| ||||||
| 16 | (Source: P.A. 96-1395, eff. 7-29-10; revised 12-10-14.)
| ||||||
| 17 | Section 460. The Public-Private Agreements for the South | ||||||
| 18 | Suburban Airport Act is amended by changing Section 2-15 as | ||||||
| 19 | follows:
| ||||||
| 20 | (620 ILCS 75/2-15)
| ||||||
| 21 | Sec. 2-15. General airport powers.
| ||||||
| 22 | (a) The Department has the power to plan, develop, secure | ||||||
| 23 | permits, licenses, and approvals for, acquire, develop, | ||||||
| 24 | construct, equip, own, and operate the South Suburban Airport. | ||||||
| |||||||
| |||||||
| 1 | The Department also has the power to own, operate, acquire | ||||||
| 2 | facilities for, construct, improve, repair, maintain, | ||||||
| 3 | renovate, and expand the South Suburban Airport, including any | ||||||
| 4 | facilities located on the site of the South Suburban Airport | ||||||
| 5 | for use by any individual or entity other than the Department. | ||||||
| 6 | The development of the South Suburban Airport shall also | ||||||
| 7 | include all land, highways, waterways, mass transit | ||||||
| 8 | facilities, and other infrastructure that, in the | ||||||
| 9 | determination of the Department, are necessary or appropriate | ||||||
| 10 | in connection with the development or operation of the South | ||||||
| 11 | Suburban Airport. The development of the South Suburban Airport | ||||||
| 12 | also includes acquisition and development of any land or | ||||||
| 13 | facilities for (i) relocation of persons, including providing | ||||||
| 14 | replacement housing or facilities for persons and entities | ||||||
| 15 | displaced by that development, (ii) protecting or reclaiming | ||||||
| 16 | the environment with respect to the South Suburban Airport, | ||||||
| 17 | (iii) providing substitute or replacement property or | ||||||
| 18 | facilities, including, without limitation, for areas of | ||||||
| 19 | recreation, conservation, open space, and wetlands, (iv) | ||||||
| 20 | providing navigational aids, or (v) utilities to serve the | ||||||
| 21 | airport, whether or not located on the site of the South | ||||||
| 22 | Suburban Airport. | ||||||
| 23 | (b) The Department shall have the authority to undertake | ||||||
| 24 | and complete all ongoing projects related to the South Suburban | ||||||
| 25 | Airport, including the South Suburban Airport Master Plan, and | ||||||
| 26 | assisting the Federal Aviation Administration in preparing and | ||||||
| |||||||
| |||||||
| 1 | approving the Environmental Impact Statement and Record of | ||||||
| 2 | Decision. | ||||||
| 3 | (c) The Department has the power to enter into all | ||||||
| 4 | contracts useful for carrying out its purposes and powers, | ||||||
| 5 | including, without limitation, public-private agreements | ||||||
| 6 | pursuant to the provisions of this Act, ; leases of any of its | ||||||
| 7 | property or facilities, use agreements with airlines or other | ||||||
| 8 | airport users relating to the South Suburban Airport, | ||||||
| 9 | agreements with South Suburban Airport concessionaires, and | ||||||
| 10 | franchise agreements for use of or access to South Suburban | ||||||
| 11 | Airport facilities. | ||||||
| 12 | (d) The Department has the power to apply to the proper | ||||||
| 13 | authorities of the United States, the State of Illinois, and | ||||||
| 14 | other governmental entities, as permitted or authorized by | ||||||
| 15 | applicable law, to obtain any licenses, approvals, or permits | ||||||
| 16 | reasonably necessary to achieve the purposes of this Act. All | ||||||
| 17 | applications to the Federal Aviation Administration, or any | ||||||
| 18 | successor agency, shall be made by the Department. | ||||||
| 19 | (e) The Department may take all steps consistent with | ||||||
| 20 | applicable laws to maximize funding for the costs of the South | ||||||
| 21 | Suburban Airport from grants by the Federal Aviation | ||||||
| 22 | Administration or any successor agency, or any other federal | ||||||
| 23 | governmental agency. | ||||||
| 24 | (f) The Department has the power to apply to the proper | ||||||
| 25 | authorities of the United States pursuant to appropriate law | ||||||
| 26 | for permission to establish, operate, maintain, and lease | ||||||
| |||||||
| |||||||
| 1 | foreign trade zones and sub-zones within the areas of the South | ||||||
| 2 | Suburban Airport and to establish, operate, maintain, and lease | ||||||
| 3 | foreign trade zones and sub-zones. | ||||||
| 4 | (g) The Department may publicize, advertise, and promote | ||||||
| 5 | the activities of the South Suburban Airport, including, to | ||||||
| 6 | make known the advantages, facilities, resources, products, | ||||||
| 7 | attractions, and attributes of the South Suburban Airport. | ||||||
| 8 | (h) The Department may, at any time, acquire any land, any | ||||||
| 9 | interests in land, other property, and interests in property | ||||||
| 10 | needed for the South Suburban Airport or necessary to carry out | ||||||
| 11 | the Department's powers and functions under this Act, including | ||||||
| 12 | by exercise of the power of eminent domain pursuant to Section | ||||||
| 13 | 2-100 of this Act. The Department shall also have the power to | ||||||
| 14 | dispose of any such lands, interests, and property upon terms | ||||||
| 15 | it deems appropriate. | ||||||
| 16 | (i) The Department may adopt any reasonable rules for the
| ||||||
| 17 | administration of this Act in accordance with the
Illinois | ||||||
| 18 | Administrative Procedure Act.
| ||||||
| 19 | (Source: P.A. 98-109, eff. 7-25-13; revised 12-10-14.)
| ||||||
| 20 | Section 465. The Illinois Vehicle Code is amended by | ||||||
| 21 | changing Sections 3-102, 3-109, 3-400, 3-413, 3-701, 5-101, | ||||||
| 22 | 5-102, 6-113, 7-311, 11-601, 11-709.2, 12-215, and 15-111 and | ||||||
| 23 | the heading of Chapter 11 of Article V as follows:
| ||||||
| 24 | (625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-102. Exclusions. No certificate of title need be | ||||||
| 2 | obtained for:
| ||||||
| 3 | 1. a A vehicle owned by the State of Illinois; or a | ||||||
| 4 | vehicle owned by the
United States unless it is registered | ||||||
| 5 | in this State;
| ||||||
| 6 | 2. a A vehicle owned by a manufacturer or dealer and | ||||||
| 7 | held for sale, even
though incidentally moved on the | ||||||
| 8 | highway or used for purposes of testing or
demonstration, | ||||||
| 9 | provided a dealer reassignment area is still available on | ||||||
| 10 | the
manufacturer's certificate of origin or the Illinois | ||||||
| 11 | title; or a vehicle used
by a manufacturer solely for | ||||||
| 12 | testing;
| ||||||
| 13 | 3. a A vehicle owned by a non-resident of this State | ||||||
| 14 | and not required by
law to be registered in this State;
| ||||||
| 15 | 4. a A motor vehicle regularly engaged in the | ||||||
| 16 | interstate transportation of
persons or property for which | ||||||
| 17 | a currently effective certificate of title
has been issued | ||||||
| 18 | in another State;
| ||||||
| 19 | 5. a A vehicle moved solely by animal power;
| ||||||
| 20 | 6. an An implement of husbandry;
| ||||||
| 21 | 7. special Special mobile equipment;
| ||||||
| 22 | 8. an An apportionable trailer or an apportionable | ||||||
| 23 | semitrailer registered in
the State prior to April 1, | ||||||
| 24 | 1998; .
| ||||||
| 25 | 9. a A manufactured home for which an affidavit of | ||||||
| 26 | affixation has been recorded pursuant to the Conveyance and | ||||||
| |||||||
| |||||||
| 1 | Encumbrance of Manufactured Homes as Real Property and | ||||||
| 2 | Severance Act unless with respect to the same manufactured | ||||||
| 3 | home there has been recorded an affidavit of severance | ||||||
| 4 | pursuant to that Act. | ||||||
| 5 | (Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
| ||||||
| 6 | (625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
| ||||||
| 7 | Sec. 3-109. Registration without certificate of title; | ||||||
| 8 | bond. If the Secretary of State is not satisfied as to the | ||||||
| 9 | ownership of the
vehicle, including, but not limited to, in the | ||||||
| 10 | case of a manufactured home, a circumstance in which the | ||||||
| 11 | manufactured home is covered by a Manufacturer's Statement of | ||||||
| 12 | Origin that the owner of the manufactured home, after diligent | ||||||
| 13 | search and inquiry, is unable to produce, or that there are no | ||||||
| 14 | undisclosed security interests in it, the
Secretary of State | ||||||
| 15 | may register the vehicle but shall:
| ||||||
| 16 | (a) Withhold issuance of a certificate of title until | ||||||
| 17 | the applicant
presents documents reasonably sufficient to | ||||||
| 18 | satisfy the Secretary of
State as to the applicant's | ||||||
| 19 | ownership of the vehicle and that there are
no undisclosed | ||||||
| 20 | security interests in it;
| ||||||
| 21 | (b) As a condition of issuing a certificate of title, | ||||||
| 22 | require the
applicant to file with the Secretary of State a | ||||||
| 23 | bond in the form
prescribed by the Secretary of State and | ||||||
| 24 | executed by the applicant, and
either accompanied by the | ||||||
| 25 | deposit of cash with the Secretary of State or
also | ||||||
| |||||||
| |||||||
| 1 | executed by a person authorized to conduct a surety | ||||||
| 2 | business in
this State. The bond shall be in an amount | ||||||
| 3 | equal to one and one-half
times the value of the vehicle as | ||||||
| 4 | determined by the Secretary of State
and conditioned to | ||||||
| 5 | indemnify any prior owner and lienholder and any
subsequent | ||||||
| 6 | purchaser of the vehicle or person acquiring any security
| ||||||
| 7 | interest in it, and their respective successors in | ||||||
| 8 | interest, against any
expense, loss or damage, including | ||||||
| 9 | reasonable attorney's fees, by reason
of the issuance of | ||||||
| 10 | the certificate of title of the vehicle or on account
of | ||||||
| 11 | any defect in or undisclosed security interest upon the | ||||||
| 12 | right, title
and interest of the applicant in and to the | ||||||
| 13 | vehicle. Any such interested
person has a right of action | ||||||
| 14 | to recover on the bond for any breach of
its conditions, | ||||||
| 15 | but the aggregate liability of the surety to all persons
| ||||||
| 16 | shall not exceed the amount of the bond. The bond, and any | ||||||
| 17 | deposit
accompanying it, shall be returned at the end of 3 | ||||||
| 18 | three (3) years or
prior thereto if (i) the vehicle is no | ||||||
| 19 | longer registered in this State and
the currently valid | ||||||
| 20 | certificate of title is surrendered to the Secretary
of | ||||||
| 21 | State or (ii), in the case of a certificate of title to a | ||||||
| 22 | manufactured home, the currently valid certificate of | ||||||
| 23 | title is surrendered to the Secretary of State in | ||||||
| 24 | accordance with Section 3-116.2; , unless the Secretary of | ||||||
| 25 | State has been notified of the
pendency of an action to | ||||||
| 26 | recover on the bond; or
| ||||||
| |||||||
| |||||||
| 1 | (b-5) Require
the applicant to file with the Secretary | ||||||
| 2 | of State an application for a provisional title in
the form | ||||||
| 3 | prescribed by the Secretary and executed
by the applicant, | ||||||
| 4 | and accompanied by a $50 fee to be deposited in the | ||||||
| 5 | CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall | ||||||
| 6 | designate by rule the documentation acceptable for an | ||||||
| 7 | individual to apply for a provisional title. A provisional | ||||||
| 8 | title shall be valid for 3 years and is nontransferable for | ||||||
| 9 | the 3-year period. A provisional title shall be clearly | ||||||
| 10 | marked and otherwise distinguished from a certificate of | ||||||
| 11 | title. Three years after the issuance of a provisional | ||||||
| 12 | title, the provisional title holder shall apply for the | ||||||
| 13 | appropriate transferrable title in the applicant's name. | ||||||
| 14 | If a claim of ownership for the vehicle is brought against | ||||||
| 15 | a holder of a provisional title, then the provisional title | ||||||
| 16 | holder shall apply for a bond under subsection (b) of this | ||||||
| 17 | Section for the amount of time remaining on the provisional | ||||||
| 18 | title. A provisional title holder or an individual who | ||||||
| 19 | asserts a claim to the motor vehicle may petition a circuit | ||||||
| 20 | court of competent jurisdiction for an order to determine | ||||||
| 21 | the ownership of the vehicle. A provisional title shall not | ||||||
| 22 | be available to individuals or entities that rebuild, | ||||||
| 23 | repair, store, or tow vehicles or have a claim against the | ||||||
| 24 | vehicle under the Labor and Storage Lien Act or the Labor | ||||||
| 25 | and Storage Lien (Small Amount) Act. | ||||||
| 26 | Security deposited as a bond hereunder shall be placed | ||||||
| |||||||
| |||||||
| 1 | by the
Secretary of State in the custody of the State | ||||||
| 2 | Treasurer.
| ||||||
| 3 | (c) During July, annually, the Secretary shall compile a | ||||||
| 4 | list of all bonds
on deposit, pursuant to this Section, for | ||||||
| 5 | more than 3 years and concerning
which he has received no | ||||||
| 6 | notice as to the pendency of any judicial proceeding
that could | ||||||
| 7 | affect the disposition thereof. Thereupon, he shall promptly
| ||||||
| 8 | send a notice by certified mail to the last known address of | ||||||
| 9 | each depositor
advising him that his bond will be subject to | ||||||
| 10 | escheat to the State of Illinois
if not claimed within 30 days | ||||||
| 11 | after the mailing date of such notice. At
the expiration of | ||||||
| 12 | such time, the Secretary of State shall file with the
State | ||||||
| 13 | Treasurer an order directing the transfer of such deposit to | ||||||
| 14 | the Road
Fund in the State Treasury. Upon receipt of such | ||||||
| 15 | order, the State Treasurer
shall make such transfer, after | ||||||
| 16 | converting to cash any other type of security.
Thereafter any | ||||||
| 17 | person having a legal claim against such deposit may enforce
it | ||||||
| 18 | by appropriate proceedings in the Court of Claims subject to | ||||||
| 19 | the limitations
prescribed for such Court. At the expiration of | ||||||
| 20 | such limitation period
such deposit shall escheat to the State | ||||||
| 21 | of Illinois.
| ||||||
| 22 | (Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; | ||||||
| 23 | revised 10-2-14.)
| ||||||
| 24 | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| ||||||
| 25 | Sec. 3-400. Definitions. Notwithstanding the definitions | ||||||
| |||||||
| |||||||
| 1 | definition set forth in
Chapter 1 of this Act, for the purposes | ||||||
| 2 | of this Article, the following
words shall have the meaning | ||||||
| 3 | ascribed to them as follows:
| ||||||
| 4 | "Apportionable Fee" means any periodic recurring fee | ||||||
| 5 | required for
licensing or registering vehicles, such as, but | ||||||
| 6 | not limited to,
registration fees, license or weight fees.
| ||||||
| 7 | "Apportionable Vehicle" means any vehicle, except | ||||||
| 8 | recreational
vehicles, vehicles displaying restricted plates, | ||||||
| 9 | city pickup and delivery
vehicles, buses used in transportation | ||||||
| 10 | of chartered parties, and government
owned vehicles that are | ||||||
| 11 | used or intended for use in 2 or more member
jurisdictions that | ||||||
| 12 | allocate or proportionally register vehicles, in a
fleet which | ||||||
| 13 | is used for the transportation of persons for hire or the
| ||||||
| 14 | transportation of property and which has a gross vehicle weight | ||||||
| 15 | in excess of
26,000 pounds; or has three or more axles | ||||||
| 16 | regardless of weight; or is used in
combination when the weight | ||||||
| 17 | of such combination exceeds 26,000 pounds gross
vehicle weight. | ||||||
| 18 | Vehicles, or combinations having a gross vehicle weight of
| ||||||
| 19 | 26,000 pounds or less and two-axle vehicles may be | ||||||
| 20 | proportionally registered at
the option of such owner.
| ||||||
| 21 | "Base Jurisdiction" means, for purposes of fleet | ||||||
| 22 | registration, the
jurisdiction where the registrant has an | ||||||
| 23 | established place of business,
where operational records of the | ||||||
| 24 | fleet are maintained and where mileage
is accrued by the fleet. | ||||||
| 25 | In case a registrant operates more than one
fleet, and | ||||||
| 26 | maintains records for each fleet in different places, the
"base | ||||||
| |||||||
| |||||||
| 1 | jurisdiction" for a fleet shall be the jurisdiction where an
| ||||||
| 2 | established place of business is maintained, where records of | ||||||
| 3 | the
operation of that fleet are maintained and where mileage is | ||||||
| 4 | accrued by
that fleet.
| ||||||
| 5 | "Operational Records" means documents supporting miles | ||||||
| 6 | traveled in
each jurisdiction and total miles traveled, such as | ||||||
| 7 | fuel reports, trip
leases, and logs.
| ||||||
| 8 | "Owner" means a Owner. A person who holds legal title of a | ||||||
| 9 | motor vehicle, or in the
event a motor vehicle is the subject | ||||||
| 10 | of an agreement for the conditional
sale or lease thereof with | ||||||
| 11 | the right of purchase upon performance of the
conditions stated | ||||||
| 12 | in the agreement and with an immediate right of
possession | ||||||
| 13 | vested in the conditional vendee or lessee with right of
| ||||||
| 14 | purchase, or in the event a mortgagor of such motor vehicle is | ||||||
| 15 | entitled
to possession, or in the event a lessee of such motor | ||||||
| 16 | vehicle is
entitled to possession or control, then such | ||||||
| 17 | conditional vendee or
lessee with right of purchase or | ||||||
| 18 | mortgagor or lessee is considered to be
the owner for the | ||||||
| 19 | purpose of this Act.
| ||||||
| 20 | "Registration plate cover" means any tinted, colored, | ||||||
| 21 | painted, marked, clear, or illuminated object that is designed | ||||||
| 22 | to (i) cover any of the characters of a motor vehicle's
| ||||||
| 23 | registration plate; or (ii) distort a recorded image of any of | ||||||
| 24 | the characters
of a motor vehicle's registration plate recorded | ||||||
| 25 | by an automated enforcement system as defined in Section | ||||||
| 26 | 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an | ||||||
| |||||||
| |||||||
| 1 | automated traffic control system as defined in Section 15 of | ||||||
| 2 | the Automated Traffic Control Systems in Highway Construction | ||||||
| 3 | or Maintenance Zones Act. | ||||||
| 4 | "Rental Owner" means an owner principally engaged, with | ||||||
| 5 | respect to
one or more rental fleets, in renting to others or | ||||||
| 6 | offering for rental
the vehicles of such fleets, without | ||||||
| 7 | drivers.
| ||||||
| 8 | "Restricted Plates" shall include, but is are not limited | ||||||
| 9 | to, dealer,
manufacturer, transporter, farm, repossessor, and | ||||||
| 10 | permanently mounted type
plates. Vehicles displaying any of | ||||||
| 11 | these type plates from a foreign
jurisdiction that is a member | ||||||
| 12 | of the International Registration Plan shall be
granted | ||||||
| 13 | reciprocity but shall be subject to the same limitations as | ||||||
| 14 | similar
plated Illinois registered vehicles.
| ||||||
| 15 | (Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13; | ||||||
| 16 | revised 2-7-15.)
| ||||||
| 17 | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||||||
| 18 | Sec. 3-413. Display of registration plates, registration | ||||||
| 19 | stickers,
and drive-away permits; registration plate covers. | ||||||
| 20 | (a) Registration plates issued for a
motor vehicle other | ||||||
| 21 | than a motorcycle, autocycle, trailer, semitrailer,
| ||||||
| 22 | truck-tractor, apportioned bus, or apportioned truck shall be | ||||||
| 23 | attached
thereto, one in the front and one in the
rear. The | ||||||
| 24 | registration plate issued for a motorcycle, autocycle, trailer | ||||||
| 25 | or
semitrailer required to be registered hereunder and any | ||||||
| |||||||
| |||||||
| 1 | apportionment
plate issued to a bus under the provisions of | ||||||
| 2 | this Code shall be attached
to the rear thereof. The | ||||||
| 3 | registration plate issued for a truck-tractor or
an apportioned | ||||||
| 4 | truck required to be registered hereunder shall be
attached to | ||||||
| 5 | the front thereof.
| ||||||
| 6 | (b) Every registration plate shall at all times be securely | ||||||
| 7 | fastened
in a horizontal position to the vehicle for which it | ||||||
| 8 | is issued so as to
prevent the plate from swinging and at a | ||||||
| 9 | height of not less than 5
inches from the ground, measuring | ||||||
| 10 | from the bottom of such plate, in a
place and position to be | ||||||
| 11 | clearly visible and shall be maintained in a
condition to be | ||||||
| 12 | clearly legible, free
from any materials that would obstruct | ||||||
| 13 | the visibility of the plate. A registration plate on a | ||||||
| 14 | motorcycle may be mounted vertically as long as it is otherwise | ||||||
| 15 | clearly visible. Registration stickers issued as
evidence of | ||||||
| 16 | renewed annual registration shall be attached to registration
| ||||||
| 17 | plates as required by the Secretary of State, and be clearly | ||||||
| 18 | visible at
all times.
| ||||||
| 19 | (c) Every drive-away permit issued pursuant to this
Code | ||||||
| 20 | shall
be firmly attached to the motor vehicle in the manner | ||||||
| 21 | prescribed by the Secretary of State. If a drive-away permit is | ||||||
| 22 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
| 23 | be void and of no effect.
| ||||||
| 24 | (d) The Illinois prorate decal issued to a foreign | ||||||
| 25 | registered
vehicle part of a fleet prorated or apportioned with | ||||||
| 26 | Illinois, shall be
displayed on a registration plate and | ||||||
| |||||||
| |||||||
| 1 | displayed on the front of such
vehicle in the same manner as an | ||||||
| 2 | Illinois registration plate.
| ||||||
| 3 | (e) The registration plate issued for a camper body mounted | ||||||
| 4 | on a
truck displaying registration plates shall be attached to | ||||||
| 5 | the rear of
the camper body.
| ||||||
| 6 | (f) No person shall operate a vehicle, nor permit the | ||||||
| 7 | operation of a
vehicle, upon which is displayed an Illinois | ||||||
| 8 | registration plate, plates
or registration stickers, except as | ||||||
| 9 | provided for in subsection (b) of Section 3-701 of this Code, | ||||||
| 10 | after the termination of the registration
period for which | ||||||
| 11 | issued or after the expiration date set pursuant to
Sections | ||||||
| 12 | 3-414 and 3-414.1 of this Code.
| ||||||
| 13 | (g) A person may not operate any motor vehicle that is | ||||||
| 14 | equipped with registration plate covers. A violation of this | ||||||
| 15 | subsection (g) or a similar provision of a local ordinance is | ||||||
| 16 | an offense against laws and ordinances regulating the movement | ||||||
| 17 | of traffic. | ||||||
| 18 | (h) A person may not sell or offer for sale a registration | ||||||
| 19 | plate cover. A violation of this subsection (h) is a business | ||||||
| 20 | offense. | ||||||
| 21 | (i) A person may not advertise for the purpose of promoting | ||||||
| 22 | the sale of registration plate covers. A violation of this | ||||||
| 23 | subsection (i) is a business offense. | ||||||
| 24 | (j) A person may not modify the original manufacturer's | ||||||
| 25 | mounting location of the rear registration plate on any vehicle | ||||||
| 26 | so as to conceal the registration or to knowingly cause it to | ||||||
| |||||||
| |||||||
| 1 | be obstructed in an effort to hinder a peace officer from | ||||||
| 2 | obtaining the registration for the enforcement of a violation | ||||||
| 3 | of this Code, Section 27.1 of the Toll Highway Act concerning | ||||||
| 4 | toll evasion, or any municipal ordinance. Modifications | ||||||
| 5 | prohibited by this subsection (j) include but are not limited | ||||||
| 6 | to the use of an electronic device. A violation of this | ||||||
| 7 | subsection (j) is a Class A misdemeanor. | ||||||
| 8 | (Source: P.A. 97-743, eff. 1-1-13; 98-777, eff. 1-1-15; | ||||||
| 9 | 98-1103, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 10 | (625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)
| ||||||
| 11 | Sec. 3-701. Operation of vehicles without evidence of
| ||||||
| 12 | registration - Operation under mileage plates when odometer | ||||||
| 13 | broken or
disconnected. | ||||||
| 14 | (a) No person shall operate, nor shall an owner knowingly | ||||||
| 15 | permit to
be
operated, except as provided in subsection (b) of | ||||||
| 16 | this Section, a vehicle upon any highway unless there shall be | ||||||
| 17 | attached thereto and
displayed thereon when and as required by | ||||||
| 18 | law, proper evidence of
registration in Illinois, as follows:
| ||||||
| 19 | (1) A vehicle required to be registered in Illinois. A | ||||||
| 20 | current and
valid Illinois registration sticker or | ||||||
| 21 | stickers and plate or plates, or
an Illinois temporary | ||||||
| 22 | registration permit, or a drive-away or
in-transit permit, | ||||||
| 23 | issued therefor by the Secretary of State. ; or
| ||||||
| 24 | (2) A vehicle eligible for Reciprocity. A current and | ||||||
| 25 | valid
reciprocal foreign registration plate or plates | ||||||
| |||||||
| |||||||
| 1 | properly issued to such
vehicle or a temporary registration | ||||||
| 2 | issued therefor, by the reciprocal
State, and, in addition, | ||||||
| 3 | when required by the Secretary, a current and
valid | ||||||
| 4 | Illinois Reciprocity Permit or Prorate Decal issued
| ||||||
| 5 | therefor by the Secretary of State; or except as otherwise | ||||||
| 6 | expressly
provided for in this Chapter.
| ||||||
| 7 | (3) A vehicle commuting for repairs in Illinois. A | ||||||
| 8 | dealer plate issued by a foreign state shall exempt a | ||||||
| 9 | vehicle from the requirements of this Section if the | ||||||
| 10 | vehicle is being operated for the purpose of transport to a | ||||||
| 11 | repair facility in Illinois to have repairs performed on | ||||||
| 12 | the vehicle displaying foreign dealer plates. The driver of | ||||||
| 13 | the motor vehicle bearing dealer plates shall provide a | ||||||
| 14 | work order or contract with the repair facility to a law | ||||||
| 15 | enforcement officer upon request. | ||||||
| 16 | (b) A person may operate or permit operation of a vehicle | ||||||
| 17 | upon any highway a vehicle that has been properly registered | ||||||
| 18 | but does not display a current and valid Illinois registration | ||||||
| 19 | sticker if he or she has proof, in the form of a printed | ||||||
| 20 | receipt from the Secretary, that he or she registered the | ||||||
| 21 | vehicle before the previous registration's expiration but has | ||||||
| 22 | not received a new registration sticker from the Secretary. | ||||||
| 23 | This printed proof of registration is valid for 30 days from | ||||||
| 24 | the expiration of the previous registration sticker's date. | ||||||
| 25 | (c) No person shall operate, nor shall any owner knowingly | ||||||
| 26 | permit to be
operated, any vehicle of the second division for | ||||||
| |||||||
| |||||||
| 1 | which the owner has
made an election to pay the mileage tax in | ||||||
| 2 | lieu of the annual flat
weight tax, at any time when the | ||||||
| 3 | odometer of such vehicle is broken or
disconnected, or is | ||||||
| 4 | inoperable or not operating.
| ||||||
| 5 | (Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; | ||||||
| 6 | revised 10-3-14.)
| ||||||
| 7 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||
| 8 | Sec. 5-101. New vehicle dealers must be licensed.
| ||||||
| 9 | (a) No person shall engage in this State in the business of | ||||||
| 10 | selling
or dealing in, on consignment or otherwise, new | ||||||
| 11 | vehicles of any make, or
act as an intermediary or agent or | ||||||
| 12 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
| 13 | as a salesperson, or represent or advertise
that he is so | ||||||
| 14 | engaged or intends to so engage in such business unless
| ||||||
| 15 | licensed to do so in writing by the Secretary of State under | ||||||
| 16 | the
provisions of this Section.
| ||||||
| 17 | (b) An application for a new vehicle dealer's license shall | ||||||
| 18 | be filed
with the Secretary of State, duly verified by oath, on | ||||||
| 19 | such form as the
Secretary of State may by rule or regulation | ||||||
| 20 | prescribe and shall contain:
| ||||||
| 21 | 1. The name and type of business organization of the | ||||||
| 22 | applicant and
his established and additional places of | ||||||
| 23 | business, if any, in this State.
| ||||||
| 24 | 2. If the applicant is a corporation, a list of its | ||||||
| 25 | officers,
directors, and shareholders having a ten percent | ||||||
| |||||||
| |||||||
| 1 | or greater ownership
interest in the corporation, setting | ||||||
| 2 | forth the residence address of
each; if the applicant is a | ||||||
| 3 | sole proprietorship, a partnership, an
unincorporated | ||||||
| 4 | association, a trust, or any similar form of business
| ||||||
| 5 | organization, the name and residence address of the | ||||||
| 6 | proprietor or of
each partner, member, officer, director, | ||||||
| 7 | trustee, or manager.
| ||||||
| 8 | 3. The make or makes of new vehicles which the | ||||||
| 9 | applicant will offer
for sale at retail in this State.
| ||||||
| 10 | 4. The name of each manufacturer or franchised | ||||||
| 11 | distributor, if any,
of new vehicles with whom the | ||||||
| 12 | applicant has contracted for the sale of
such new vehicles. | ||||||
| 13 | As evidence of this fact, the application shall be
| ||||||
| 14 | accompanied by a signed statement from each such | ||||||
| 15 | manufacturer or
franchised distributor. If the applicant | ||||||
| 16 | is in the business of
offering for sale new conversion | ||||||
| 17 | vehicles, trucks or vans, except for
trucks modified to | ||||||
| 18 | serve a special purpose which includes but is not
limited | ||||||
| 19 | to the following vehicles: street sweepers, fertilizer | ||||||
| 20 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
| 21 | maintenance type vehicles,
he must furnish evidence of a | ||||||
| 22 | sales and service agreement from both the
chassis | ||||||
| 23 | manufacturer and second stage manufacturer.
| ||||||
| 24 | 5. A statement that the applicant has been approved for | ||||||
| 25 | registration
under the Retailers' Occupation Tax Act by the | ||||||
| 26 | Department of Revenue:
Provided that this requirement does | ||||||
| |||||||
| |||||||
| 1 | not apply to a dealer who is already
licensed hereunder | ||||||
| 2 | with the Secretary of State, and who is merely applying
for | ||||||
| 3 | a renewal of his license. As evidence of this fact, the | ||||||
| 4 | application
shall be accompanied by a certification from | ||||||
| 5 | the Department of Revenue
showing that that Department has | ||||||
| 6 | approved the applicant for registration
under the | ||||||
| 7 | Retailers' Occupation Tax Act.
| ||||||
| 8 | 6. A statement that the applicant has complied with the | ||||||
| 9 | appropriate
liability insurance requirement. A Certificate | ||||||
| 10 | of Insurance in a solvent
company authorized to do business | ||||||
| 11 | in the State of Illinois shall be included
with each | ||||||
| 12 | application covering each location at which he proposes to | ||||||
| 13 | act
as a new vehicle dealer. The policy must provide | ||||||
| 14 | liability coverage in
the minimum amounts of $100,000 for | ||||||
| 15 | bodily injury to, or death of, any person,
$300,000 for | ||||||
| 16 | bodily injury to, or death of, two or more persons in any | ||||||
| 17 | one
accident, and $50,000 for damage to property. Such | ||||||
| 18 | policy shall expire
not sooner than December 31 of the year | ||||||
| 19 | for which the license was issued
or renewed. The expiration | ||||||
| 20 | of the insurance policy shall not terminate
the liability | ||||||
| 21 | under the policy arising during the period for which the
| ||||||
| 22 | policy was filed. Trailer and mobile home dealers are | ||||||
| 23 | exempt from this
requirement.
| ||||||
| 24 | If the permitted user has a liability insurance policy | ||||||
| 25 | that provides
automobile
liability insurance coverage of | ||||||
| 26 | at least $100,000 for bodily injury to or the
death of any
| ||||||
| |||||||
| |||||||
| 1 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
| 2 | or more persons in
any one
accident, and $50,000 for damage | ||||||
| 3 | to property,
then the permitted user's insurer shall be the | ||||||
| 4 | primary
insurer and the
dealer's insurer shall be the | ||||||
| 5 | secondary insurer. If the permitted user does not
have a | ||||||
| 6 | liability
insurance policy that provides automobile | ||||||
| 7 | liability insurance coverage of at
least
$100,000 for | ||||||
| 8 | bodily injury to or the death of any person, $300,000 for | ||||||
| 9 | bodily
injury to or the death of any 2 or more persons in | ||||||
| 10 | any one accident, and
$50,000 for damage to property, or | ||||||
| 11 | does not have any insurance at all,
then the dealer's | ||||||
| 12 | insurer shall be the primary insurer and the permitted | ||||||
| 13 | user's
insurer shall be the secondary
insurer.
| ||||||
| 14 | When a permitted user is "test driving" a new vehicle | ||||||
| 15 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
| 16 | shall be primary and the permitted user's
insurance shall | ||||||
| 17 | be secondary.
| ||||||
| 18 | As used in this paragraph 6, a "permitted user" is a | ||||||
| 19 | person who, with the
permission of the new vehicle dealer | ||||||
| 20 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
| 21 | owned and held for sale or lease by the new vehicle dealer
| ||||||
| 22 | which the person is considering
to purchase or lease, in | ||||||
| 23 | order to evaluate the performance, reliability, or
| ||||||
| 24 | condition of the vehicle.
The term "permitted user" also | ||||||
| 25 | includes a person who, with the permission of
the new
| ||||||
| 26 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
| |||||||
| |||||||
| 1 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
| 2 | the user's vehicle is being repaired or evaluated.
| ||||||
| 3 | As used in this paragraph 6, "test driving" occurs when | ||||||
| 4 | a permitted user
who,
with the permission of the new | ||||||
| 5 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
| 6 | drives a vehicle owned and held for sale or lease by a new | ||||||
| 7 | vehicle
dealer that the person is considering to purchase | ||||||
| 8 | or lease, in order to
evaluate the performance, | ||||||
| 9 | reliability, or condition of the
vehicle.
| ||||||
| 10 | As used in this paragraph 6, "loaner purposes" means | ||||||
| 11 | when a person who,
with the permission of the new vehicle | ||||||
| 12 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
| 13 | the new vehicle dealer while the
user's vehicle is being | ||||||
| 14 | repaired or evaluated.
| ||||||
| 15 | 7. (A) An application for a new motor vehicle dealer's | ||||||
| 16 | license shall be
accompanied by the following license fees:
| ||||||
| 17 | (i) $1,000 for applicant's established place of | ||||||
| 18 | business, and
$100 for each
additional place of | ||||||
| 19 | business, if any, to which the application
pertains; | ||||||
| 20 | but if the application is made after June 15 of any | ||||||
| 21 | year, the license
fee shall be $500 for applicant's | ||||||
| 22 | established place of business
plus
$50 for each | ||||||
| 23 | additional place of business, if any, to which the
| ||||||
| 24 | application pertains. License fees shall be returnable | ||||||
| 25 | only in the event that
the application is denied by the | ||||||
| 26 | Secretary of State.
All moneys received by the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State as license fees under this | ||||||
| 2 | subparagraph (i) prior to applications for the 2004
| ||||||
| 3 | licensing year
shall be
deposited into the Motor | ||||||
| 4 | Vehicle Review Board Fund and shall
be used to | ||||||
| 5 | administer the Motor Vehicle Review Board under the | ||||||
| 6 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
| 7 | the Secretary of State as license
fees under this | ||||||
| 8 | subparagraph (i) for the 2004
licensing year and
| ||||||
| 9 | thereafter, 10% shall
be deposited into the Motor | ||||||
| 10 | Vehicle Review Board Fund and shall be used to
| ||||||
| 11 | administer the Motor Vehicle Review Board under the | ||||||
| 12 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
| 13 | into the General Revenue Fund.
| ||||||
| 14 | (ii) Except for dealers selling 25 or fewer | ||||||
| 15 | automobiles or as provided in subsection (h) of Section | ||||||
| 16 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
| 17 | Fee in the amount of $500 for the applicant's | ||||||
| 18 | established place of business, and $50 for each | ||||||
| 19 | additional place of business, if any, to which the | ||||||
| 20 | application pertains; but if the application is made | ||||||
| 21 | after June 15 of any year, the fee shall be $250 for | ||||||
| 22 | the applicant's established place of business plus $25 | ||||||
| 23 | for each additional place of business, if any, to which | ||||||
| 24 | the application pertains. For a license renewal | ||||||
| 25 | application, the fee shall be based on the amount of | ||||||
| 26 | automobiles sold in the past year according to the | ||||||
| |||||||
| |||||||
| 1 | following formula: | ||||||
| 2 | (1) $0 for dealers selling 25 or less | ||||||
| 3 | automobiles; | ||||||
| 4 | (2) $150 for dealers selling more than 25 but | ||||||
| 5 | less than 200 automobiles; | ||||||
| 6 | (3) $300 for dealers selling 200 or more | ||||||
| 7 | automobiles but less than 300 automobiles; and | ||||||
| 8 | (4) $500 for dealers selling 300 or more | ||||||
| 9 | automobiles. | ||||||
| 10 | License fees shall be returnable only in the event | ||||||
| 11 | that the application is denied by the Secretary of | ||||||
| 12 | State. Moneys received under this subparagraph (ii) | ||||||
| 13 | shall be deposited into the Dealer Recovery Trust Fund. | ||||||
| 14 | (B) An application for a new vehicle dealer's license, | ||||||
| 15 | other than for
a new motor vehicle dealer's license, shall | ||||||
| 16 | be accompanied by the following
license fees:
| ||||||
| 17 | (i) $1,000 for applicant's established place of | ||||||
| 18 | business, and
$50 for each
additional place of | ||||||
| 19 | business, if any, to which the application pertains; | ||||||
| 20 | but if
the application is made after June 15 of any | ||||||
| 21 | year, the license fee shall be
$500
for applicant's | ||||||
| 22 | established place of business plus $25 for each
| ||||||
| 23 | additional
place of business, if any, to which the | ||||||
| 24 | application pertains. License fees
shall be returnable | ||||||
| 25 | only in the event that the application is denied by the
| ||||||
| 26 | Secretary of State. Of the money received by the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State as
license fees under this | ||||||
| 2 | subparagraph (i) for the 2004 licensing year and | ||||||
| 3 | thereafter,
95% shall be deposited into the General | ||||||
| 4 | Revenue Fund.
| ||||||
| 5 | (ii) Except as provided in subsection (h) of | ||||||
| 6 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
| 7 | Fund Fee in the amount of $500 for the applicant's | ||||||
| 8 | established place of business, and $50 for each | ||||||
| 9 | additional place of business, if any, to which the | ||||||
| 10 | application pertains; but if the application is made | ||||||
| 11 | after June 15 of any year, the fee shall be $250 for | ||||||
| 12 | the applicant's established place of business plus $25 | ||||||
| 13 | for each additional place of business, if any, to which | ||||||
| 14 | the application pertains. License fees shall be | ||||||
| 15 | returnable only in the event that the application is | ||||||
| 16 | denied by the Secretary of State. Moneys received under | ||||||
| 17 | this subparagraph (ii) shall be deposited into the | ||||||
| 18 | Dealer Recovery Trust Fund. | ||||||
| 19 | 8. A statement that the applicant's officers, | ||||||
| 20 | directors,
shareholders having a 10% or greater ownership | ||||||
| 21 | interest
therein, proprietor, a partner, member, officer, | ||||||
| 22 | director, trustee, manager
or other principals in the | ||||||
| 23 | business have not committed in the past 3
years any one | ||||||
| 24 | violation as determined in any civil, criminal or
| ||||||
| 25 | administrative proceedings of any one of the following | ||||||
| 26 | Acts:
| ||||||
| |||||||
| |||||||
| 1 | (A) The Anti-Theft Anti Theft Laws of the Illinois | ||||||
| 2 | Vehicle Code;
| ||||||
| 3 | (B) The Certificate of Title Laws of the Illinois | ||||||
| 4 | Vehicle Code;
| ||||||
| 5 | (C) The Offenses against Registration and | ||||||
| 6 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
| 7 | Code;
| ||||||
| 8 | (D) The Dealers, Transporters, Wreckers and | ||||||
| 9 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
| 10 | (E) Section 21-2 of the Criminal Code of 1961 or | ||||||
| 11 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
| 12 | Vehicles; or
| ||||||
| 13 | (F) The Retailers' Occupation Tax Act.
| ||||||
| 14 | 9. A statement that the applicant's officers, | ||||||
| 15 | directors,
shareholders having a 10% or greater ownership | ||||||
| 16 | interest
therein, proprietor, partner, member, officer, | ||||||
| 17 | director, trustee, manager
or other principals in the | ||||||
| 18 | business have not committed in any calendar year
3 or more | ||||||
| 19 | violations, as determined in any civil, criminal or
| ||||||
| 20 | administrative proceedings, of any one or more of the | ||||||
| 21 | following Acts:
| ||||||
| 22 | (A) The Consumer Finance Act;
| ||||||
| 23 | (B) The Consumer Installment Loan Act;
| ||||||
| 24 | (C) The Retail Installment Sales Act;
| ||||||
| 25 | (D) The Motor Vehicle Retail Installment Sales | ||||||
| 26 | Act;
| ||||||
| |||||||
| |||||||
| 1 | (E) The Interest Act;
| ||||||
| 2 | (F) The Illinois Wage Assignment Act;
| ||||||
| 3 | (G) Part 8 of Article XII of the Code of Civil | ||||||
| 4 | Procedure; or
| ||||||
| 5 | (H) The Consumer Fraud Act.
| ||||||
| 6 | 10. A bond or certificate of deposit in the amount of | ||||||
| 7 | $20,000 for
each location at which the applicant intends to | ||||||
| 8 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
| 9 | of the license, or its renewal, for
which application is | ||||||
| 10 | made, and shall expire not sooner than
December 31 of the | ||||||
| 11 | year for which the license was issued or renewed. The bond
| ||||||
| 12 | shall run to the People of the State of Illinois, with | ||||||
| 13 | surety by a bonding or
insurance company authorized to do | ||||||
| 14 | business in this State. It shall be
conditioned upon the | ||||||
| 15 | proper transmittal of all title and registration fees and
| ||||||
| 16 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
| 17 | Act) accepted by the
applicant as a new vehicle dealer.
| ||||||
| 18 | 11. Such other information concerning the business of | ||||||
| 19 | the applicant as
the Secretary of State may by rule or | ||||||
| 20 | regulation prescribe.
| ||||||
| 21 | 12. A statement that the applicant understands Chapter | ||||||
| 22 | 1 One through
Chapter 5 Five of this Code.
| ||||||
| 23 | (c) Any change which renders no longer accurate any | ||||||
| 24 | information
contained in any application for a new vehicle | ||||||
| 25 | dealer's license shall be
amended within 30 days after the | ||||||
| 26 | occurrence of such change on such form
as the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State may prescribe by rule or regulation,
accompanied by an | ||||||
| 2 | amendatory fee of $2.
| ||||||
| 3 | (d) Anything in this Chapter 5 to the contrary | ||||||
| 4 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
| 5 | dealer unless:
| ||||||
| 6 | 1. He is authorized by contract in writing between | ||||||
| 7 | himself and the
manufacturer or franchised distributor of | ||||||
| 8 | such make of vehicle to so
sell the same in this State, and
| ||||||
| 9 | 2. Such person shall maintain an established place of | ||||||
| 10 | business as
defined in this Act.
| ||||||
| 11 | (e) The Secretary of State shall, within a reasonable time | ||||||
| 12 | after
receipt, examine an application submitted to him under | ||||||
| 13 | this Section and
unless he makes a determination that the | ||||||
| 14 | application submitted to him
does not conform with the | ||||||
| 15 | requirements of this Section or that grounds
exist for a denial | ||||||
| 16 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
| 17 | the applicant an original new vehicle dealer's license in
| ||||||
| 18 | writing for his established place of business and a | ||||||
| 19 | supplemental license
in writing for each additional place of | ||||||
| 20 | business in such form as he may
prescribe by rule or regulation | ||||||
| 21 | which shall include the following:
| ||||||
| 22 | 1. The name of the person licensed;
| ||||||
| 23 | 2. If a corporation, the name and address of its | ||||||
| 24 | officers or if a
sole proprietorship, a partnership, an | ||||||
| 25 | unincorporated association or any
similar form of business | ||||||
| 26 | organization, the name and address of the
proprietor or of | ||||||
| |||||||
| |||||||
| 1 | each partner, member, officer, director, trustee or
| ||||||
| 2 | manager;
| ||||||
| 3 | 3. In the case of an original license, the established | ||||||
| 4 | place of
business of the licensee;
| ||||||
| 5 | 4. In the case of a supplemental license, the | ||||||
| 6 | established place of
business of the licensee and the | ||||||
| 7 | additional place of business to which such
supplemental | ||||||
| 8 | license pertains;
| ||||||
| 9 | 5. The make or makes of new vehicles which the licensee | ||||||
| 10 | is licensed
to sell.
| ||||||
| 11 | (f) The appropriate instrument evidencing the license or a | ||||||
| 12 | certified
copy thereof, provided by the Secretary of State, | ||||||
| 13 | shall be kept posted
conspicuously in the established place of | ||||||
| 14 | business of the licensee and
in each additional place of | ||||||
| 15 | business, if any, maintained by such
licensee.
| ||||||
| 16 | (g) Except as provided in subsection (h) hereof, all new | ||||||
| 17 | vehicle
dealer's licenses granted under this Section shall | ||||||
| 18 | expire by operation
of law on December 31 of the calendar year | ||||||
| 19 | for which they are granted
unless sooner revoked or cancelled | ||||||
| 20 | under the provisions of Section 5-501
of this Chapter.
| ||||||
| 21 | (h) A new vehicle dealer's license may be renewed upon | ||||||
| 22 | application
and payment of the fee required herein, and | ||||||
| 23 | submission of proof of
coverage under an approved bond under | ||||||
| 24 | the "Retailers' Occupation Tax
Act" or proof that applicant is | ||||||
| 25 | not subject to such bonding
requirements, as in the case of an | ||||||
| 26 | original license, but in case an
application for the renewal of | ||||||
| |||||||
| |||||||
| 1 | an effective license is made during the
month of December, the | ||||||
| 2 | effective license shall remain in force until the
application | ||||||
| 3 | is granted or denied by the Secretary of State.
| ||||||
| 4 | (i) All persons licensed as a new vehicle dealer are | ||||||
| 5 | required to
furnish each purchaser of a motor vehicle:
| ||||||
| 6 | 1. In the case of a new vehicle a manufacturer's | ||||||
| 7 | statement of origin
and in the case of a used motor vehicle | ||||||
| 8 | a certificate of title, in
either case properly assigned to | ||||||
| 9 | the purchaser;
| ||||||
| 10 | 2. A statement verified under oath that all identifying | ||||||
| 11 | numbers on
the vehicle agree with those on the certificate | ||||||
| 12 | of title or
manufacturer's statement of origin;
| ||||||
| 13 | 3. A bill of sale properly executed on behalf of such | ||||||
| 14 | person;
| ||||||
| 15 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
| 16 | return
referred to in Section 5-402 hereof;
| ||||||
| 17 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
| 18 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
| 19 | 6. In the case of a vehicle for which the warranty has | ||||||
| 20 | been reinstated, a
copy of the warranty.
| ||||||
| 21 | (j) Except at the time of sale or repossession of the | ||||||
| 22 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
| 23 | any other person a newly created
key to a vehicle unless the | ||||||
| 24 | new vehicle dealer makes a copy of the driver's
license or | ||||||
| 25 | State identification card of the person requesting or obtaining | ||||||
| 26 | the
newly created key. The new vehicle dealer must retain the | ||||||
| |||||||
| |||||||
| 1 | copy for 30 days.
| ||||||
| 2 | A new vehicle dealer who violates this subsection (j) is | ||||||
| 3 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
| 4 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
| 5 | new vehicle dealer's license.
| ||||||
| 6 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
| 7 | registration
year and thereafter.
| ||||||
| 8 | (Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13; | ||||||
| 9 | 98-450, eff. 1-1-14; revised 12-10-14.)
| ||||||
| 10 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
| 11 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
| 12 | (a) No person, other than a licensed new vehicle dealer, | ||||||
| 13 | shall engage in
the business of selling or dealing in, on | ||||||
| 14 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
| 15 | during the year (except house trailers as
authorized by | ||||||
| 16 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
| 17 | by their rebuilders to persons licensed under this Chapter), or | ||||||
| 18 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
| 19 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
| 20 | or advertise that he
is so engaged or intends to so engage in | ||||||
| 21 | such business unless licensed to
do so by the Secretary of | ||||||
| 22 | State under the provisions of this Section.
| ||||||
| 23 | (b) An application for a used vehicle dealer's license | ||||||
| 24 | shall be
filed with the Secretary of State, duly verified by | ||||||
| 25 | oath, in such form
as the Secretary of State may by rule or | ||||||
| |||||||
| |||||||
| 1 | regulation prescribe and shall
contain:
| ||||||
| 2 | 1. The name and type of business organization | ||||||
| 3 | established and additional
places of business, if any, in | ||||||
| 4 | this State.
| ||||||
| 5 | 2. If the applicant is a corporation, a list of its | ||||||
| 6 | officers,
directors, and shareholders having a ten percent | ||||||
| 7 | or greater ownership
interest in the corporation, setting | ||||||
| 8 | forth the residence address of
each; if the applicant is a | ||||||
| 9 | sole proprietorship, a partnership, an
unincorporated | ||||||
| 10 | association, a trust, or any similar form of business
| ||||||
| 11 | organization, the names and residence address of the | ||||||
| 12 | proprietor or of
each partner, member, officer, director, | ||||||
| 13 | trustee or manager.
| ||||||
| 14 | 3. A statement that the applicant has been approved for | ||||||
| 15 | registration
under the Retailers' Occupation Tax Act by the | ||||||
| 16 | Department of Revenue. However,
this requirement does not | ||||||
| 17 | apply to a dealer who is already licensed
hereunder with | ||||||
| 18 | the Secretary of State, and who is merely applying for a
| ||||||
| 19 | renewal of his license. As evidence of this fact, the | ||||||
| 20 | application shall be
accompanied by a certification from | ||||||
| 21 | the Department of Revenue showing that
the Department has | ||||||
| 22 | approved the applicant for registration under the
| ||||||
| 23 | Retailers' Occupation Tax Act.
| ||||||
| 24 | 4. A statement that the applicant has complied with the | ||||||
| 25 | appropriate
liability insurance requirement. A Certificate | ||||||
| 26 | of Insurance in a solvent
company authorized to do business | ||||||
| |||||||
| |||||||
| 1 | in the State of Illinois shall be included
with each | ||||||
| 2 | application covering each location at which he proposes to | ||||||
| 3 | act
as a used vehicle dealer. The policy must provide | ||||||
| 4 | liability coverage in
the minimum amounts of $100,000 for | ||||||
| 5 | bodily injury to, or death of, any person,
$300,000 for | ||||||
| 6 | bodily injury to, or death of, two or more persons in any | ||||||
| 7 | one
accident, and $50,000 for damage to property. Such | ||||||
| 8 | policy shall expire
not sooner than December 31 of the year | ||||||
| 9 | for which the license was issued
or renewed. The expiration | ||||||
| 10 | of the insurance policy shall not terminate
the liability | ||||||
| 11 | under the policy arising during the period for which the | ||||||
| 12 | policy
was filed. Trailer and mobile home dealers are | ||||||
| 13 | exempt from this requirement.
| ||||||
| 14 | If the permitted user has a liability insurance policy | ||||||
| 15 | that provides
automobile
liability insurance coverage of | ||||||
| 16 | at least $100,000 for bodily injury to or the
death of any
| ||||||
| 17 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
| 18 | or more persons in
any one
accident, and $50,000 for damage | ||||||
| 19 | to property,
then the permitted user's insurer shall be the | ||||||
| 20 | primary
insurer and the
dealer's insurer shall be the | ||||||
| 21 | secondary insurer. If the permitted user does not
have a | ||||||
| 22 | liability
insurance policy that provides automobile | ||||||
| 23 | liability insurance coverage of at
least
$100,000 for | ||||||
| 24 | bodily injury to or the death of any person, $300,000 for | ||||||
| 25 | bodily
injury to or
the death of any 2 or more persons in | ||||||
| 26 | any one accident, and $50,000 for damage
to
property, or | ||||||
| |||||||
| |||||||
| 1 | does not have any insurance at all,
then the
dealer's
| ||||||
| 2 | insurer shall be the primary insurer and the permitted | ||||||
| 3 | user's insurer shall be
the secondary
insurer.
| ||||||
| 4 | When a permitted user is "test driving" a used vehicle | ||||||
| 5 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
| 6 | shall be primary and the permitted user's
insurance shall | ||||||
| 7 | be secondary.
| ||||||
| 8 | As used in this paragraph 4, a "permitted user" is a | ||||||
| 9 | person who, with the
permission of the used vehicle dealer | ||||||
| 10 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
| 11 | owned and held for sale or lease by the used vehicle
dealer | ||||||
| 12 | which the person is considering to purchase or lease, in | ||||||
| 13 | order to
evaluate the performance, reliability, or | ||||||
| 14 | condition of the vehicle.
The term "permitted user" also | ||||||
| 15 | includes a person who, with the permission of
the used
| ||||||
| 16 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
| 17 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
| 18 | the user's vehicle is being repaired or evaluated.
| ||||||
| 19 | As used in this paragraph 4, "test driving" occurs when | ||||||
| 20 | a permitted user
who,
with the permission of the used | ||||||
| 21 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
| 22 | drives a vehicle owned and held for sale or lease by a used | ||||||
| 23 | vehicle
dealer that the person is considering to purchase | ||||||
| 24 | or lease, in order to
evaluate the performance, | ||||||
| 25 | reliability, or condition of the
vehicle.
| ||||||
| 26 | As used in this paragraph 4, "loaner purposes" means | ||||||
| |||||||
| |||||||
| 1 | when a person who,
with the permission of the used vehicle | ||||||
| 2 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
| 3 | the used vehicle dealer while the
user's vehicle is being | ||||||
| 4 | repaired or evaluated.
| ||||||
| 5 | 5. An application for a used vehicle dealer's license | ||||||
| 6 | shall be
accompanied by the following license fees:
| ||||||
| 7 | (A) $1,000 for applicant's established place of | ||||||
| 8 | business, and
$50 for
each additional place of | ||||||
| 9 | business, if any, to which the application
pertains; | ||||||
| 10 | however, if the application is made after June 15 of | ||||||
| 11 | any
year, the license fee shall be $500 for applicant's | ||||||
| 12 | established
place of
business plus $25 for each | ||||||
| 13 | additional place of business, if any,
to
which the | ||||||
| 14 | application pertains. License fees shall be returnable | ||||||
| 15 | only in
the event that the application is denied by
the | ||||||
| 16 | Secretary of State. Of the money received by the | ||||||
| 17 | Secretary of State as
license fees under this | ||||||
| 18 | subparagraph (A) for the 2004 licensing year and | ||||||
| 19 | thereafter, 95%
shall be deposited into the General | ||||||
| 20 | Revenue Fund.
| ||||||
| 21 | (B) Except for dealers selling 25 or fewer | ||||||
| 22 | automobiles or as provided in subsection (h) of Section | ||||||
| 23 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
| 24 | Fee in the amount of $500 for the applicant's | ||||||
| 25 | established place of business, and $50 for each | ||||||
| 26 | additional place of business, if any, to which the | ||||||
| |||||||
| |||||||
| 1 | application pertains; but if the application is made | ||||||
| 2 | after June 15 of any year, the fee shall be $250 for | ||||||
| 3 | the applicant's established place of business plus $25 | ||||||
| 4 | for each additional place of business, if any, to which | ||||||
| 5 | the application pertains. For a license renewal | ||||||
| 6 | application, the fee shall be based on the amount of | ||||||
| 7 | automobiles sold in the past year according to the | ||||||
| 8 | following formula: | ||||||
| 9 | (1) $0 for dealers selling 25 or less | ||||||
| 10 | automobiles; | ||||||
| 11 | (2) $150 for dealers selling more than 25 but | ||||||
| 12 | less than 200 automobiles; | ||||||
| 13 | (3) $300 for dealers selling 200 or more | ||||||
| 14 | automobiles but less than 300 automobiles; and | ||||||
| 15 | (4) $500 for dealers selling 300 or more | ||||||
| 16 | automobiles. | ||||||
| 17 | License fees shall be returnable only in the event | ||||||
| 18 | that the application is denied by the Secretary of | ||||||
| 19 | State. Moneys received under this subparagraph (B) | ||||||
| 20 | shall be deposited into the Dealer Recovery Trust Fund.
| ||||||
| 21 | 6. A statement that the applicant's officers, | ||||||
| 22 | directors, shareholders
having a 10% or greater ownership | ||||||
| 23 | interest therein, proprietor, partner,
member, officer, | ||||||
| 24 | director, trustee, manager or other principals in the
| ||||||
| 25 | business have not committed in the past 3 years any one | ||||||
| 26 | violation as
determined in any civil, criminal or | ||||||
| |||||||
| |||||||
| 1 | administrative proceedings of any one
of the following | ||||||
| 2 | Acts:
| ||||||
| 3 | (A) The Anti-Theft Anti Theft Laws of the Illinois | ||||||
| 4 | Vehicle Code;
| ||||||
| 5 | (B) The Certificate of Title Laws of the Illinois | ||||||
| 6 | Vehicle Code;
| ||||||
| 7 | (C) The Offenses against Registration and | ||||||
| 8 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
| 9 | Code;
| ||||||
| 10 | (D) The Dealers, Transporters, Wreckers and | ||||||
| 11 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
| 12 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
| 13 | 1961 or the Criminal Code of 2012, Criminal
Trespass to | ||||||
| 14 | Vehicles; or
| ||||||
| 15 | (F) The Retailers' Occupation Tax Act.
| ||||||
| 16 | 7. A statement that the applicant's officers, | ||||||
| 17 | directors,
shareholders having a 10% or greater ownership | ||||||
| 18 | interest therein,
proprietor, partner, member, officer, | ||||||
| 19 | director, trustee, manager or
other principals in the | ||||||
| 20 | business have not committed in any calendar year
3 or more | ||||||
| 21 | violations, as determined in any civil or criminal or
| ||||||
| 22 | administrative proceedings, of any one or more of the | ||||||
| 23 | following Acts:
| ||||||
| 24 | (A) The Consumer Finance Act;
| ||||||
| 25 | (B) The Consumer Installment Loan Act;
| ||||||
| 26 | (C) The Retail Installment Sales Act;
| ||||||
| |||||||
| |||||||
| 1 | (D) The Motor Vehicle Retail Installment Sales | ||||||
| 2 | Act;
| ||||||
| 3 | (E) The Interest Act;
| ||||||
| 4 | (F) The Illinois Wage Assignment Act;
| ||||||
| 5 | (G) Part 8 of Article XII of the Code of Civil | ||||||
| 6 | Procedure; or
| ||||||
| 7 | (H) The Consumer Fraud Act.
| ||||||
| 8 | 8. A bond or Certificate of Deposit in the amount of | ||||||
| 9 | $20,000 for
each location at which the applicant intends to | ||||||
| 10 | act as a used vehicle
dealer. The bond shall be for the | ||||||
| 11 | term of the license, or its renewal, for
which application | ||||||
| 12 | is made, and shall expire not sooner than December 31 of
| ||||||
| 13 | the year for which the license was issued or renewed. The | ||||||
| 14 | bond shall run
to the People of the State of Illinois, with | ||||||
| 15 | surety by a bonding or
insurance company authorized to do | ||||||
| 16 | business in this State. It shall be
conditioned upon the | ||||||
| 17 | proper transmittal of all title and registration fees
and | ||||||
| 18 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
| 19 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
| 20 | 9. Such other information concerning the business of | ||||||
| 21 | the applicant as
the Secretary of State may by rule or | ||||||
| 22 | regulation prescribe.
| ||||||
| 23 | 10. A statement that the applicant understands Chapter | ||||||
| 24 | 1 through
Chapter 5 of this Code.
| ||||||
| 25 | 11. A copy of the certification from the prelicensing | ||||||
| 26 | education
program. | ||||||
| |||||||
| |||||||
| 1 | (c) Any change which renders no longer accurate any | ||||||
| 2 | information
contained in any application for a used vehicle | ||||||
| 3 | dealer's license shall
be amended within 30 days after the | ||||||
| 4 | occurrence of each change on such
form as the Secretary of | ||||||
| 5 | State may prescribe by rule or regulation,
accompanied by an | ||||||
| 6 | amendatory fee of $2.
| ||||||
| 7 | (d) Anything in this Chapter to the contrary | ||||||
| 8 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
| 9 | dealer unless such person
maintains an established place of | ||||||
| 10 | business as
defined in this Chapter.
| ||||||
| 11 | (e) The Secretary of State shall, within a reasonable time | ||||||
| 12 | after
receipt, examine an application submitted to him under | ||||||
| 13 | this Section.
Unless the Secretary makes a determination that | ||||||
| 14 | the application
submitted to him does not conform to this | ||||||
| 15 | Section or that grounds exist
for a denial of the application | ||||||
| 16 | under Section 5-501 of this Chapter, he
must grant the | ||||||
| 17 | applicant an original used vehicle dealer's license in
writing | ||||||
| 18 | for his established place of business and a supplemental | ||||||
| 19 | license
in writing for each additional place of business in | ||||||
| 20 | such form as he may
prescribe by rule or regulation which shall | ||||||
| 21 | include the following:
| ||||||
| 22 | 1. The name of the person licensed;
| ||||||
| 23 | 2. If a corporation, the name and address of its | ||||||
| 24 | officers or if a
sole proprietorship, a partnership, an | ||||||
| 25 | unincorporated association or any
similar form of business | ||||||
| 26 | organization, the name and address of the
proprietor or of | ||||||
| |||||||
| |||||||
| 1 | each partner, member, officer, director, trustee or
| ||||||
| 2 | manager;
| ||||||
| 3 | 3. In case of an original license, the established | ||||||
| 4 | place of business
of the licensee;
| ||||||
| 5 | 4. In the case of a supplemental license, the | ||||||
| 6 | established place of
business of the licensee and the | ||||||
| 7 | additional place of business to which such
supplemental | ||||||
| 8 | license pertains.
| ||||||
| 9 | (f) The appropriate instrument evidencing the license or a | ||||||
| 10 | certified
copy thereof, provided by the Secretary of State | ||||||
| 11 | shall be kept posted,
conspicuously, in the established place | ||||||
| 12 | of business of the licensee and
in each additional place of | ||||||
| 13 | business, if any, maintained by such
licensee.
| ||||||
| 14 | (g) Except as provided in subsection (h) of this Section, | ||||||
| 15 | all used
vehicle dealer's licenses granted under this Section | ||||||
| 16 | expire by operation
of law on December 31 of the calendar year | ||||||
| 17 | for which they are granted
unless sooner revoked or cancelled | ||||||
| 18 | under Section 5-501 of this Chapter.
| ||||||
| 19 | (h) A used vehicle dealer's license may be renewed upon | ||||||
| 20 | application
and payment of the fee required herein, and | ||||||
| 21 | submission of proof of
coverage by an approved bond under the | ||||||
| 22 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
| 23 | subject to such bonding requirements, as
in the case of an | ||||||
| 24 | original license, but in case an application for the
renewal of | ||||||
| 25 | an effective license is made during the month of December,
the | ||||||
| 26 | effective license shall remain in force until the application | ||||||
| |||||||
| |||||||
| 1 | for
renewal is granted or denied by the Secretary of State.
| ||||||
| 2 | (i) All persons licensed as a used vehicle dealer are | ||||||
| 3 | required to
furnish each purchaser of a motor vehicle:
| ||||||
| 4 | 1. A certificate of title properly assigned to the | ||||||
| 5 | purchaser;
| ||||||
| 6 | 2. A statement verified under oath that all identifying | ||||||
| 7 | numbers on
the vehicle agree with those on the certificate | ||||||
| 8 | of title;
| ||||||
| 9 | 3. A bill of sale properly executed on behalf of such | ||||||
| 10 | person;
| ||||||
| 11 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
| 12 | return
referred to in Section 5-402 of this Chapter;
| ||||||
| 13 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
| 14 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
| 15 | 6. In the case of a vehicle for which the warranty has | ||||||
| 16 | been reinstated, a
copy of the warranty.
| ||||||
| 17 | (j) A real estate broker holding a valid certificate of | ||||||
| 18 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
| 19 | Salesmen License Act" may engage
in the business of selling or | ||||||
| 20 | dealing in house trailers not his own without
being licensed as | ||||||
| 21 | a used vehicle dealer under this Section; however such
broker | ||||||
| 22 | shall maintain a record of the transaction including the | ||||||
| 23 | following:
| ||||||
| 24 | (1) the name and address of the buyer and seller,
| ||||||
| 25 | (2) the date of sale,
| ||||||
| 26 | (3) a description of the mobile home, including the | ||||||
| |||||||
| |||||||
| 1 | vehicle identification
number, make, model, and year, and
| ||||||
| 2 | (4) the Illinois certificate of title number.
| ||||||
| 3 | The foregoing records shall be available for inspection by | ||||||
| 4 | any officer
of the Secretary of State's Office at any | ||||||
| 5 | reasonable hour.
| ||||||
| 6 | (k) Except at the time of sale or repossession of the | ||||||
| 7 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
| 8 | any other person a newly
created key to a vehicle unless the | ||||||
| 9 | used vehicle dealer makes a copy of the
driver's license or | ||||||
| 10 | State identification card of the person requesting or
obtaining | ||||||
| 11 | the newly created key. The used vehicle dealer must retain the
| ||||||
| 12 | copy for 30 days.
| ||||||
| 13 | A used vehicle dealer who violates this subsection (k) is | ||||||
| 14 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
| 15 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
| 16 | used vehicle dealer's license. | ||||||
| 17 | (l) Used vehicle dealers licensed under this Section shall | ||||||
| 18 | provide the Secretary of State a register for the sale at | ||||||
| 19 | auction of each salvage or junk certificate vehicle. Each | ||||||
| 20 | register shall include the following information: | ||||||
| 21 | 1. The year, make, model, style and color of the | ||||||
| 22 | vehicle; | ||||||
| 23 | 2. The vehicle's manufacturer's identification number | ||||||
| 24 | or, if applicable, the Secretary of State or Illinois | ||||||
| 25 | Department of State Police identification number; | ||||||
| 26 | 3. The date of acquisition of the vehicle; | ||||||
| |||||||
| |||||||
| 1 | 4. The name and address of the person from whom the | ||||||
| 2 | vehicle was acquired; | ||||||
| 3 | 5. The name and address of the person to whom any | ||||||
| 4 | vehicle was disposed, the person's Illinois license number | ||||||
| 5 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
| 6 | the license number from the state or jurisdiction where the | ||||||
| 7 | buyer is licensed; and | ||||||
| 8 | 6. The purchase price of the vehicle. | ||||||
| 9 | The register shall be submitted to the Secretary of State | ||||||
| 10 | via written or electronic means within 10 calendar days from | ||||||
| 11 | the date of the auction.
| ||||||
| 12 | (Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13; | ||||||
| 13 | 98-450, eff. 1-1-14; revised 12-10-14.)
| ||||||
| 14 | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| ||||||
| 15 | Sec. 6-113. Restricted licenses and permits.
| ||||||
| 16 | (a) The Secretary of
State upon issuing a drivers license | ||||||
| 17 | or permit shall have the authority
whenever good cause appears | ||||||
| 18 | to impose restrictions suitable to the
licensee's driving | ||||||
| 19 | ability with respect to the type of, or special
mechanical | ||||||
| 20 | control devices required on, a motor vehicle which the
licensee | ||||||
| 21 | may operate or such other restrictions applicable to the
| ||||||
| 22 | licensee as the Secretary of State may determine to be | ||||||
| 23 | appropriate to
assure the safe operation of a motor vehicle by | ||||||
| 24 | the licensee.
| ||||||
| 25 | (b) The Secretary of State may either issue a special | ||||||
| |||||||
| |||||||
| 1 | restricted
license or permit or may set forth such restrictions | ||||||
| 2 | upon the usual
license or permit form.
| ||||||
| 3 | (c) The Secretary of State may issue a probationary license | ||||||
| 4 | to a person
whose driving privileges have been suspended | ||||||
| 5 | pursuant to subsection (d) of this
Section or subsection (a)(2) | ||||||
| 6 | of Section 6-206 of this
Code. This subsection (c) does not | ||||||
| 7 | apply to any driver required to possess a CDL for the purpose | ||||||
| 8 | of operating a commercial motor vehicle. The Secretary of State | ||||||
| 9 | shall promulgate rules pursuant to the
Illinois Administrative | ||||||
| 10 | Procedure Act, setting forth the conditions and
criteria for | ||||||
| 11 | the issuance and cancellation of probationary licenses.
| ||||||
| 12 | (d) The Secretary of State may upon receiving satisfactory | ||||||
| 13 | evidence
of any violation of the restrictions of such license | ||||||
| 14 | or permit suspend,
revoke or cancel the same without | ||||||
| 15 | preliminary hearing, but the licensee or
permittee shall be | ||||||
| 16 | entitled to a hearing as in the case of a suspension
or | ||||||
| 17 | revocation.
| ||||||
| 18 | (e) It is unlawful for any person to operate a motor | ||||||
| 19 | vehicle in any
manner in violation of the restrictions imposed | ||||||
| 20 | on a restricted license
or permit issued to him.
| ||||||
| 21 | (f) Whenever the holder of a restricted driving permit is | ||||||
| 22 | issued a citation
for any of the following offenses including | ||||||
| 23 | similar local ordinances, the
restricted driving permit is | ||||||
| 24 | immediately invalidated:
| ||||||
| 25 | 1. Reckless homicide resulting from the operation of a | ||||||
| 26 | motor vehicle;
| ||||||
| |||||||
| |||||||
| 1 | 2. Violation of Section 11-501 of this Act relating to | ||||||
| 2 | the operation of
a motor vehicle while under the influence | ||||||
| 3 | of intoxicating liquor or narcotic
drugs;
| ||||||
| 4 | 3. Violation of Section 11-401 of this Act relating to | ||||||
| 5 | the offense of
leaving the scene of a traffic accident | ||||||
| 6 | involving death or injury;
| ||||||
| 7 | 4. Violation of Section 11-504 of this Act relating to | ||||||
| 8 | the offense of drag
racing; or
| ||||||
| 9 | 5. Violation of Section 11-506 of this Act relating to | ||||||
| 10 | the offense of street racing.
| ||||||
| 11 | The police officer issuing the citation shall confiscate | ||||||
| 12 | the restricted
driving permit and forward it, along with the | ||||||
| 13 | citation, to the Clerk of
the Circuit Court of the county in | ||||||
| 14 | which the citation was issued.
| ||||||
| 15 | (g) The Secretary of State may issue a special restricted
| ||||||
| 16 | license for a period of 48 months to individuals using vision | ||||||
| 17 | aid
arrangements other than standard eyeglasses or contact | ||||||
| 18 | lenses,
allowing the operation of a motor vehicle during | ||||||
| 19 | nighttime hours.
The Secretary of State shall adopt rules | ||||||
| 20 | defining the terms and
conditions by which the individual may | ||||||
| 21 | obtain and renew this
special restricted license. At a minimum, | ||||||
| 22 | all drivers must meet
the following requirements:
| ||||||
| 23 | 1. Possess a valid driver's license and have operated a
| ||||||
| 24 | motor vehicle during daylight hours for a period of 12 | ||||||
| 25 | months
using vision aid arrangements other than standard | ||||||
| 26 | eyeglasses
or contact lenses.
| ||||||
| |||||||
| |||||||
| 1 | 2. Have a driving record that does not include any
| ||||||
| 2 | traffic accidents that occurred during nighttime hours, | ||||||
| 3 | for which the
driver has been found to be at fault, during | ||||||
| 4 | the 12 months before he or she
applied for the special | ||||||
| 5 | restricted license.
| ||||||
| 6 | 3. Successfully complete a road test administered | ||||||
| 7 | during
nighttime hours.
| ||||||
| 8 | The special restricted license holder must submit to the | ||||||
| 9 | Secretary annually a vision specialist report from his or her | ||||||
| 10 | ophthalmologist or optometrist that the special restricted | ||||||
| 11 | license holder's vision has not changed. If the special | ||||||
| 12 | restricted license holder fails to submit this vision | ||||||
| 13 | specialist report, the special restricted license shall be | ||||||
| 14 | cancelled under Section 6-201 of this Code. | ||||||
| 15 | At a minimum, all drivers renewing this license must meet | ||||||
| 16 | the
following requirements:
| ||||||
| 17 | 1. Successfully complete a road test administered | ||||||
| 18 | during
nighttime hours.
| ||||||
| 19 | 2. Have a driving record that does not include any
| ||||||
| 20 | traffic accidents that occurred during nighttime hours, | ||||||
| 21 | for which the
driver has been found to be at fault, during | ||||||
| 22 | the 12 months before he or she
applied for
the special | ||||||
| 23 | restricted license.
| ||||||
| 24 | (h) Any driver issued a special restricted license as | ||||||
| 25 | defined in
subsection (g) whose privilege to drive during | ||||||
| 26 | nighttime hours has been
suspended due to an accident occurring | ||||||
| |||||||
| |||||||
| 1 | during nighttime hours may request
a hearing as provided in | ||||||
| 2 | Section 2-118 of this Code to contest that suspension.
If it is
| ||||||
| 3 | determined that the accident for which the driver was at fault | ||||||
| 4 | was not
influenced by the driver's use of vision aid | ||||||
| 5 | arrangements other than standard
eyeglasses or contact lenses, | ||||||
| 6 | the Secretary may reinstate that driver's
privilege to drive | ||||||
| 7 | during nighttime hours.
| ||||||
| 8 | (i) The Secretary of State may issue a special restricted | ||||||
| 9 | training permit for a period of 6 months to individuals using | ||||||
| 10 | vision aid arrangements other than standard eyeglasses or | ||||||
| 11 | contact lenses, allowing the operation of a motor vehicle | ||||||
| 12 | between sunset and 10:00 p.m. provided the driver is | ||||||
| 13 | accompanied by a person holding a valid driver's license | ||||||
| 14 | without nighttime operation restrictions. The Secretary may | ||||||
| 15 | adopt rules defining the terms and conditions by which the | ||||||
| 16 | individual may obtain and renew this special restricted | ||||||
| 17 | training permit. At a minimum, all persons applying for a | ||||||
| 18 | special restricted training permit must meet the following | ||||||
| 19 | requirements: | ||||||
| 20 | 1. Possess a valid driver's license and have operated a | ||||||
| 21 | motor vehicle during daylight hours for a period of 6 | ||||||
| 22 | months using vision aid arrangements other than standard | ||||||
| 23 | eyeglasses or contact lenses. | ||||||
| 24 | 2. Have a driving record that does not include any | ||||||
| 25 | traffic accidents, for which the person has been found to | ||||||
| 26 | be at fault, during the 6 months before he or she applied | ||||||
| |||||||
| |||||||
| 1 | for the special restricted training permit. | ||||||
| 2 | (Source: P.A. 97-229, eff. 7-28-11; 98-746, eff. 1-1-15; | ||||||
| 3 | 98-747, eff. 1-1-15; revised 10-2-14.)
| ||||||
| 4 | (625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
| ||||||
| 5 | Sec. 7-311. Payments sufficient to satisfy requirements. | ||||||
| 6 | (a) Judgments herein referred to arising out of motor | ||||||
| 7 | vehicle accidents
occurring on or after January 1, 2015 (the | ||||||
| 8 | effective date of Public 98-519) this amendatory Act of the | ||||||
| 9 | 98th General Assembly, shall for the purpose of this
Chapter be | ||||||
| 10 | deemed satisfied:
| ||||||
| 11 | 1. When $25,000 has been credited upon any judgment or | ||||||
| 12 | judgments
rendered in excess of that amount for bodily | ||||||
| 13 | injury to or the death of
one person as the result of any | ||||||
| 14 | one motor vehicle accident; or
| ||||||
| 15 | 2. When, subject to said limit of $25,000 as to any one | ||||||
| 16 | person, the sum
of $50,000 has been credited upon any | ||||||
| 17 | judgment or judgments rendered
in excess of that amount for | ||||||
| 18 | bodily injury to or the death of more than
one person as | ||||||
| 19 | the result of any one motor vehicle accident; or
| ||||||
| 20 | 3. When $20,000 has been credited upon any judgment or | ||||||
| 21 | judgments,
rendered in excess of that amount for damages to | ||||||
| 22 | property of others as a
result of any one motor vehicle | ||||||
| 23 | accident.
| ||||||
| 24 | The changes to this subsection made by Public Act 98-519 | ||||||
| 25 | this amendatory Act of the 98th General Assembly apply only to | ||||||
| |||||||
| |||||||
| 1 | policies issued or renewed on or after January 1, 2015. | ||||||
| 2 | (b) Credit for such amounts shall be deemed a satisfaction | ||||||
| 3 | of any such
judgment or judgments in excess of said amounts | ||||||
| 4 | only for the purposes of
this Chapter.
| ||||||
| 5 | (c) Whenever payment has been made in settlement of any | ||||||
| 6 | claim for bodily
injury, death or property damage arising from | ||||||
| 7 | a motor vehicle accident
resulting in injury, death or property | ||||||
| 8 | damage to two or more persons in
such accident, any such | ||||||
| 9 | payment shall be credited in reduction of the
amounts provided | ||||||
| 10 | for in this Section.
| ||||||
| 11 | (Source: P.A. 98-519, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 12 | (625 ILCS 5/Ch. 11 Art. V heading) | ||||||
| 13 | ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE INTOXICATED,
| ||||||
| 14 | TRANSPORTING ALCOHOLIC LIQUOR,
| ||||||
| 15 | AND RECKLESS DRIVING
| ||||||
| 16 | (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
| ||||||
| 17 | Sec. 11-601. General speed restrictions.
| ||||||
| 18 | (a) No vehicle may be driven upon any highway of this State | ||||||
| 19 | at a speed
which is greater than is reasonable and proper with | ||||||
| 20 | regard to traffic
conditions and the use of the highway, or | ||||||
| 21 | endangers the safety of any
person or property. The fact that | ||||||
| 22 | the speed of a vehicle does not exceed
the applicable maximum | ||||||
| 23 | speed limit does not relieve the driver from the
duty to | ||||||
| 24 | decrease speed when approaching and crossing an intersection,
| ||||||
| |||||||
| |||||||
| 1 | approaching and going around a curve, when approaching a hill | ||||||
| 2 | crest, when
traveling upon any narrow or winding roadway, or | ||||||
| 3 | when special hazard exists
with respect to pedestrians or other | ||||||
| 4 | traffic or by reason of weather or
highway conditions. Speed | ||||||
| 5 | must be decreased as may be necessary to avoid
colliding with | ||||||
| 6 | any person or vehicle on or entering the highway in
compliance | ||||||
| 7 | with legal requirements and the duty of all persons to use due
| ||||||
| 8 | care.
| ||||||
| 9 | (a-5) For purposes of this Section, "urban district" does | ||||||
| 10 | not include any interstate highway as defined by Section | ||||||
| 11 | 1-133.1 of this Code which includes all highways under the | ||||||
| 12 | jurisdiction of the Illinois State Toll Highway Authority. | ||||||
| 13 | (b) No person may drive a vehicle upon any highway of this | ||||||
| 14 | State at a
speed which is greater than the applicable statutory | ||||||
| 15 | maximum speed limit
established by paragraphs (c), (d), (e), | ||||||
| 16 | (f) or (g) of this Section, by
Section 11-605 or by a | ||||||
| 17 | regulation or ordinance made under this Chapter.
| ||||||
| 18 | (c) Unless some other speed restriction is established | ||||||
| 19 | under this
Chapter, the maximum speed limit in an urban | ||||||
| 20 | district for all vehicles is:
| ||||||
| 21 | 1. 30 miles per hour; and
| ||||||
| 22 | 2. 15 miles per hour in an alley.
| ||||||
| 23 | (d) Unless some other speed restriction is established | ||||||
| 24 | under this Chapter,
the maximum speed limit outside an urban | ||||||
| 25 | district for any vehicle is (1) 65 miles per hour for all or | ||||||
| 26 | part of highways that are designated by
the Department, have at | ||||||
| |||||||
| |||||||
| 1 | least 4 lanes of traffic, and have a separation between
the | ||||||
| 2 | roadways moving in opposite directions and (2) 55 miles per | ||||||
| 3 | hour for all
other highways, roads, and streets.
| ||||||
| 4 | (d-1) Unless some other speed restriction is established | ||||||
| 5 | under this Chapter,
the maximum speed limit outside an urban | ||||||
| 6 | district for any vehicle is (1) 70 miles per hour on any | ||||||
| 7 | interstate highway as defined by Section 1-133.1 of this Code | ||||||
| 8 | which includes all highways under the jurisdiction of the | ||||||
| 9 | Illinois State Toll Highway Authority; (2) 65 miles per hour | ||||||
| 10 | for all or part of highways that are designated by the | ||||||
| 11 | Department, have at least 4 lanes of traffic, and have a | ||||||
| 12 | separation between the roadways moving in opposite directions; | ||||||
| 13 | and (3) 55 miles per hour for all other highways, roads, and | ||||||
| 14 | streets. The counties of Cook, DuPage, Kane, Lake, Madison, | ||||||
| 15 | McHenry, St. Clair, and Will may adopt ordinances setting a | ||||||
| 16 | maximum speed limit on highways, roads, and streets that is | ||||||
| 17 | lower than the limits established by this Section. | ||||||
| 18 | (e) In the counties of Cook, DuPage, Kane, Lake, McHenry, | ||||||
| 19 | and Will, unless some lesser speed restriction is established | ||||||
| 20 | under
this
Chapter, the maximum speed limit outside an urban | ||||||
| 21 | district for a second
division vehicle designed or used for the | ||||||
| 22 | carrying of a gross weight of
8,001 pounds or more (including | ||||||
| 23 | the weight of the vehicle and
maximum load) is 60 miles per | ||||||
| 24 | hour on any interstate highway as defined by Section 1-133.1 of | ||||||
| 25 | this Code and
55 miles per hour on all other highways, roads, | ||||||
| 26 | and streets.
| ||||||
| |||||||
| |||||||
| 1 | (e-1) (Blank). | ||||||
| 2 | (f) Unless some other speed restriction is established | ||||||
| 3 | under this Chapter,
the maximum speed limit outside an urban | ||||||
| 4 | district for a bus is:
| ||||||
| 5 | 1. 65 miles per hour upon any highway which has at | ||||||
| 6 | least 4 lanes of
traffic
and of which the roadways for | ||||||
| 7 | traffic moving in opposite directions are
separated by a | ||||||
| 8 | strip of ground which is not surfaced or suitable for | ||||||
| 9 | vehicular
traffic, except that the maximum speed limit for | ||||||
| 10 | a bus on all highways,
roads, or streets not under the | ||||||
| 11 | jurisdiction of the Department or the Illinois
State Toll | ||||||
| 12 | Highway Authority
is 55 miles per hour;
| ||||||
| 13 | 1.5. 70 miles per hour upon any interstate highway as | ||||||
| 14 | defined by Section 1-133.1 of this Code outside the | ||||||
| 15 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will; | ||||||
| 16 | and | ||||||
| 17 | 2. 55 miles per hour on any other highway.
| ||||||
| 18 | (g) (Blank).
| ||||||
| 19 | (Source: P.A. 97-202, eff. 1-1-12; 98-511, eff. 1-1-14; | ||||||
| 20 | 98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 21 | (625 ILCS 5/11-709.2) | ||||||
| 22 | Sec. 11-709.2. Bus on shoulder program. | ||||||
| 23 | (a) The use of specifically designated shoulders of | ||||||
| 24 | roadways by transit buses may be authorized by the Department | ||||||
| 25 | in cooperation with the Regional Transportation Authority and | ||||||
| |||||||
| |||||||
| 1 | the Suburban Bus Division of the Regional Transportation | ||||||
| 2 | Authority. The Department shall prescribe by rule which transit | ||||||
| 3 | buses are authorized to operate on shoulders, as well as times | ||||||
| 4 | and locations. The Department may erect signage to indicate | ||||||
| 5 | times and locations of designated shoulder usage. | ||||||
| 6 | (b) (Blank). | ||||||
| 7 | (c) (Blank) Transportation.
| ||||||
| 8 | (Source: P.A. 97-292, eff. 8-11-11; 98-756, eff. 7-16-14; | ||||||
| 9 | 98-871, eff. 8-11-14; revised 10-1-147.)
| ||||||
| 10 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
| 11 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
| 12 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
| 13 | (a) The use of red or white oscillating, rotating or | ||||||
| 14 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
| 15 | except on:
| ||||||
| 16 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
| 17 | authorities;
| ||||||
| 18 | 2. A vehicle operated by a police officer or county | ||||||
| 19 | coroner
and designated or authorized by local authorities, | ||||||
| 20 | in writing, as a law
enforcement vehicle; however, such | ||||||
| 21 | designation or authorization must
be carried in the | ||||||
| 22 | vehicle;
| ||||||
| 23 | 2.1. A vehicle operated by a fire chief who has | ||||||
| 24 | completed an emergency vehicle operation training course | ||||||
| 25 | approved by the Office of the State Fire Marshal and | ||||||
| |||||||
| |||||||
| 1 | designated or authorized by local authorities, in writing, | ||||||
| 2 | as a fire department, fire protection district, or township | ||||||
| 3 | fire department vehicle; however, the designation or | ||||||
| 4 | authorization must
be carried in the vehicle, and the | ||||||
| 5 | lights may be visible or activated only when responding to | ||||||
| 6 | a bona fide emergency;
| ||||||
| 7 | 3. Vehicles of local fire departments and State or | ||||||
| 8 | federal
firefighting vehicles;
| ||||||
| 9 | 4. Vehicles which are designed and used exclusively as | ||||||
| 10 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
| 11 | shall not be lighted except
when responding to an emergency | ||||||
| 12 | call for and while actually conveying the
sick or injured;
| ||||||
| 13 | 5. Tow trucks licensed in a state that requires such | ||||||
| 14 | lights;
furthermore, such lights shall not be lighted on | ||||||
| 15 | any such tow truck while the
tow truck is
operating in the | ||||||
| 16 | State of Illinois;
| ||||||
| 17 | 6. Vehicles of the Illinois Emergency Management | ||||||
| 18 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| 19 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 20 | Health, vehicles of
the
Illinois Department of | ||||||
| 21 | Corrections, and vehicles of the Illinois Department of | ||||||
| 22 | Juvenile Justice;
| ||||||
| 23 | 7. Vehicles operated by a local or county emergency | ||||||
| 24 | management
services agency as defined in the Illinois | ||||||
| 25 | Emergency
Management Agency Act;
| ||||||
| 26 | 8. School buses operating alternately flashing head | ||||||
| |||||||
| |||||||
| 1 | lamps as permitted
under Section 12-805 of this Code;
| ||||||
| 2 | 9. Vehicles that are equipped and used exclusively as | ||||||
| 3 | organ transplant
vehicles when used in combination with | ||||||
| 4 | blue oscillating, rotating, or flashing
lights; | ||||||
| 5 | furthermore, these lights shall be lighted only when the | ||||||
| 6 | transportation
is declared an emergency by a member of the | ||||||
| 7 | transplant team or a representative
of the organ | ||||||
| 8 | procurement organization; | ||||||
| 9 | 10. Vehicles of the Illinois Department of Natural | ||||||
| 10 | Resources that are used for mine rescue and explosives | ||||||
| 11 | emergency response; and | ||||||
| 12 | 11. Vehicles of the Illinois Department of | ||||||
| 13 | Transportation identified as Emergency Traffic Patrol; the | ||||||
| 14 | lights shall not be lighted except when responding to an | ||||||
| 15 | emergency call or when parked or stationary while engaged | ||||||
| 16 | in motor vehicle assistance or at the scene of the | ||||||
| 17 | emergency; and | ||||||
| 18 | 12. Vehicles of the Illinois State Toll Highway
| ||||||
| 19 | Authority identified as Highway Emergency Lane Patrol; the | ||||||
| 20 | lights shall not be lighted except when responding to an | ||||||
| 21 | emergency call or when parked or stationary while engaged | ||||||
| 22 | in motor vehicle assistance or at the scene of the | ||||||
| 23 | emergency. | ||||||
| 24 | (b) The use of amber oscillating, rotating or flashing | ||||||
| 25 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 26 | 1. Second division vehicles designed and used for | ||||||
| |||||||
| |||||||
| 1 | towing or hoisting
vehicles; furthermore, such lights | ||||||
| 2 | shall not be lighted except as
required in
this paragraph | ||||||
| 3 | 1; such lights shall be lighted
when such vehicles are | ||||||
| 4 | actually being
used at the scene of an accident or
| ||||||
| 5 | disablement; if the towing vehicle is equipped with a flat | ||||||
| 6 | bed that
supports all wheels of the vehicle being | ||||||
| 7 | transported, the lights shall not be
lighted while the | ||||||
| 8 | vehicle is engaged in towing on a highway; if the towing
| ||||||
| 9 | vehicle is not equipped with a flat bed that supports all | ||||||
| 10 | wheels of a vehicle
being transported, the lights shall be | ||||||
| 11 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
| 12 | highway during all
times when the use
of headlights is | ||||||
| 13 | required under Section 12-201 of this Code; in addition, | ||||||
| 14 | these vehicles may use white oscillating, rotating, or | ||||||
| 15 | flashing lights in combination with amber oscillating, | ||||||
| 16 | rotating, or flashing lights as provided in this paragraph;
| ||||||
| 17 | 2. Motor vehicles or equipment of the State of | ||||||
| 18 | Illinois, the Illinois State Toll Highway Authority, local | ||||||
| 19 | authorities
and contractors; furthermore, such lights | ||||||
| 20 | shall not be lighted except while
such vehicles are engaged | ||||||
| 21 | in maintenance or construction operations within
the | ||||||
| 22 | limits of construction projects;
| ||||||
| 23 | 3. Vehicles or equipment used by engineering or survey | ||||||
| 24 | crews;
furthermore, such lights shall not be lighted except | ||||||
| 25 | while such vehicles
are actually engaged in work on a | ||||||
| 26 | highway;
| ||||||
| |||||||
| |||||||
| 1 | 4. Vehicles of public utilities, municipalities, or | ||||||
| 2 | other
construction, maintenance or automotive service | ||||||
| 3 | vehicles except that such
lights shall be lighted only as a | ||||||
| 4 | means for indicating the presence of a
vehicular traffic | ||||||
| 5 | hazard requiring unusual care in approaching, overtaking
| ||||||
| 6 | or passing while such vehicles are engaged in maintenance, | ||||||
| 7 | service or
construction on a highway;
| ||||||
| 8 | 5. Oversized vehicle or load; however, such lights | ||||||
| 9 | shall only be lighted
when moving under permit issued by | ||||||
| 10 | the Department under Section 15-301
of this Code;
| ||||||
| 11 | 6. The front and rear of motorized equipment owned and | ||||||
| 12 | operated by the
State of Illinois or any political | ||||||
| 13 | subdivision thereof, which is designed
and used for removal | ||||||
| 14 | of snow and ice from highways;
| ||||||
| 15 | 6.1. The front and rear of motorized equipment or | ||||||
| 16 | vehicles that (i) are not owned by the State of Illinois or | ||||||
| 17 | any political subdivision of the State, (ii) are designed | ||||||
| 18 | and used for removal of snow and ice from highways and | ||||||
| 19 | parking lots, and (iii) are equipped with a snow plow that | ||||||
| 20 | is 12 feet in width; these lights may not be lighted except | ||||||
| 21 | when the motorized equipment or vehicle is actually being | ||||||
| 22 | used for those purposes on behalf of a unit of government;
| ||||||
| 23 | 7. Fleet safety vehicles registered in another state, | ||||||
| 24 | furthermore, such
lights shall not be lighted except as | ||||||
| 25 | provided for in Section 12-212 of
this Code;
| ||||||
| 26 | 8. Such other vehicles as may be authorized by local | ||||||
| |||||||
| |||||||
| 1 | authorities;
| ||||||
| 2 | 9. Law enforcement vehicles of State or local | ||||||
| 3 | authorities when used in
combination with red oscillating, | ||||||
| 4 | rotating or flashing lights;
| ||||||
| 5 | 9.5. Propane delivery trucks;
| ||||||
| 6 | 10. Vehicles used for collecting or delivering mail for | ||||||
| 7 | the
United States Postal Service provided that such lights | ||||||
| 8 | shall not be lighted
except when such vehicles are actually | ||||||
| 9 | being used for such purposes;
| ||||||
| 10 | 10.5. Vehicles of the Office of the Illinois State Fire | ||||||
| 11 | Marshal, provided that such lights shall not be lighted | ||||||
| 12 | except for when such vehicles are engaged in work for the | ||||||
| 13 | Office of the Illinois State Fire Marshal; | ||||||
| 14 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
| 15 | emblem as
provided in Section 12-205.1;
| ||||||
| 16 | 12. All trucks equipped with self-compactors or | ||||||
| 17 | roll-off hoists and
roll-on containers for garbage or | ||||||
| 18 | refuse hauling. Such lights shall not be
lighted except | ||||||
| 19 | when such vehicles are actually being used for such | ||||||
| 20 | purposes;
| ||||||
| 21 | 13. Vehicles used by a security company, alarm | ||||||
| 22 | responder, control
agency, or the Illinois Department of | ||||||
| 23 | Corrections;
| ||||||
| 24 | 14. Security vehicles of the Department of Human | ||||||
| 25 | Services; however, the
lights shall not be lighted except | ||||||
| 26 | when being used for security related
purposes under the | ||||||
| |||||||
| |||||||
| 1 | direction of the superintendent of the facility where the
| ||||||
| 2 | vehicle is located; and
| ||||||
| 3 | 15. Vehicles of union representatives, except that the | ||||||
| 4 | lights shall be
lighted only while the vehicle is within | ||||||
| 5 | the limits of a construction
project.
| ||||||
| 6 | (c) The use of blue oscillating, rotating or flashing | ||||||
| 7 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 8 | 1. Rescue squad vehicles not owned by a fire department | ||||||
| 9 | and
vehicles owned or operated by a:
| ||||||
| 10 | voluntary firefighter;
| ||||||
| 11 | paid firefighter;
| ||||||
| 12 | part-paid firefighter;
| ||||||
| 13 | call firefighter;
| ||||||
| 14 | member of the board of trustees of a fire | ||||||
| 15 | protection district;
| ||||||
| 16 | paid or unpaid member of a rescue squad;
| ||||||
| 17 | paid or unpaid member of a voluntary ambulance | ||||||
| 18 | unit; or
| ||||||
| 19 | paid or unpaid members of a local or county | ||||||
| 20 | emergency management
services agency as defined in the | ||||||
| 21 | Illinois Emergency Management Agency Act,
designated | ||||||
| 22 | or authorized by local authorities, in writing, and | ||||||
| 23 | carrying that
designation or authorization in the | ||||||
| 24 | vehicle.
| ||||||
| 25 | However, such lights are not to be lighted except when | ||||||
| 26 | responding to a
bona fide emergency or when parked or | ||||||
| |||||||
| |||||||
| 1 | stationary at the scene of a fire, rescue call, ambulance | ||||||
| 2 | call, or motor vehicle accident.
| ||||||
| 3 | Any person using these lights in accordance with this | ||||||
| 4 | subdivision (c)1 must carry on his or her person an | ||||||
| 5 | identification card or letter identifying the bona fide | ||||||
| 6 | member of a fire department, fire protection district, | ||||||
| 7 | rescue squad, ambulance unit, or emergency management | ||||||
| 8 | services agency that owns or operates that vehicle. The | ||||||
| 9 | card or letter must include: | ||||||
| 10 | (A) the name of the fire department, fire | ||||||
| 11 | protection district, rescue squad, ambulance unit, or | ||||||
| 12 | emergency management services agency; | ||||||
| 13 | (B) the member's position within the fire | ||||||
| 14 | department, fire protection district, rescue squad, | ||||||
| 15 | ambulance unit, or emergency management services | ||||||
| 16 | agency; | ||||||
| 17 | (C) the member's term of service; and | ||||||
| 18 | (D) the name of a person within the fire | ||||||
| 19 | department, fire protection district, rescue squad, | ||||||
| 20 | ambulance unit, or emergency management services | ||||||
| 21 | agency to contact to verify the information provided.
| ||||||
| 22 | 2. Police department vehicles in cities having a | ||||||
| 23 | population of 500,000
or more inhabitants.
| ||||||
| 24 | 3. Law enforcement vehicles of State or local | ||||||
| 25 | authorities when used in
combination with red oscillating, | ||||||
| 26 | rotating or flashing lights.
| ||||||
| |||||||
| |||||||
| 1 | 4. Vehicles of local fire departments and State or | ||||||
| 2 | federal
firefighting vehicles when used in combination | ||||||
| 3 | with red oscillating,
rotating or flashing lights.
| ||||||
| 4 | 5. Vehicles which are designed and used exclusively as | ||||||
| 5 | ambulances or
rescue vehicles when used in combination with | ||||||
| 6 | red oscillating, rotating or
flashing lights; furthermore, | ||||||
| 7 | such lights shall not be lighted except when
responding to | ||||||
| 8 | an emergency call.
| ||||||
| 9 | 6. Vehicles that are equipped and used exclusively as | ||||||
| 10 | organ transport
vehicles when used in combination with red | ||||||
| 11 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
| 12 | these lights shall only be lighted when the transportation
| ||||||
| 13 | is declared an emergency by a member of the transplant team | ||||||
| 14 | or a
representative of the organ procurement organization.
| ||||||
| 15 | 7. Vehicles of the Illinois Emergency Management | ||||||
| 16 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| 17 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 18 | Health, vehicles of
the
Illinois Department of | ||||||
| 19 | Corrections, and vehicles of the Illinois Department of | ||||||
| 20 | Juvenile Justice, when used in combination with red | ||||||
| 21 | oscillating,
rotating, or flashing lights.
| ||||||
| 22 | 8. Vehicles operated by a local or county emergency | ||||||
| 23 | management
services agency as defined in the Illinois | ||||||
| 24 | Emergency Management Agency
Act, when used in combination | ||||||
| 25 | with red oscillating, rotating, or
flashing lights.
| ||||||
| 26 | 9. Vehicles of the Illinois Department of Natural | ||||||
| |||||||
| |||||||
| 1 | Resources that are used for mine rescue and explosives | ||||||
| 2 | emergency response, when used in combination with red | ||||||
| 3 | oscillating,
rotating, or flashing lights. | ||||||
| 4 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
| 5 | flashing
lights permitted under subsection (c), and | ||||||
| 6 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
| 7 | voluntary firefighter, a voluntary member
of a rescue squad, or | ||||||
| 8 | a member of a voluntary ambulance unit may be
equipped with | ||||||
| 9 | flashing white headlights and blue grill lights, which may
be | ||||||
| 10 | used only in responding to an emergency call or when parked or | ||||||
| 11 | stationary at the scene of a fire, rescue call, ambulance call, | ||||||
| 12 | or motor vehicle accident.
| ||||||
| 13 | (c-2) In addition to the blue oscillating, rotating, or | ||||||
| 14 | flashing
lights permitted under subsection (c), and | ||||||
| 15 | notwithstanding subsection (a),
a vehicle operated by a paid or | ||||||
| 16 | unpaid member of a local or county
emergency management | ||||||
| 17 | services agency as defined in the Illinois Emergency
Management | ||||||
| 18 | Agency Act, may be equipped with white oscillating, rotating,
| ||||||
| 19 | or flashing lights to be used in combination with blue | ||||||
| 20 | oscillating, rotating,
or flashing lights, if authorization by | ||||||
| 21 | local authorities is in
writing and carried in the vehicle.
| ||||||
| 22 | (d) The use of a combination of amber and white | ||||||
| 23 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
| 24 | unlighted, is prohibited except on second division vehicles | ||||||
| 25 | designed and used for towing or hoisting
vehicles or motor
| ||||||
| 26 | vehicles or equipment of the State of Illinois, local | ||||||
| |||||||
| |||||||
| 1 | authorities, contractors,
and union representatives; | ||||||
| 2 | furthermore, such lights shall
not be lighted on second | ||||||
| 3 | division vehicles designed and used for towing or hoisting
| ||||||
| 4 | vehicles or vehicles of the State of Illinois, local | ||||||
| 5 | authorities, and
contractors except while such vehicles are | ||||||
| 6 | engaged in a tow operation, highway maintenance, or
| ||||||
| 7 | construction operations within the limits of highway | ||||||
| 8 | construction projects, and
shall not be lighted on the vehicles | ||||||
| 9 | of union representatives except when those
vehicles are within | ||||||
| 10 | the limits of a construction project.
| ||||||
| 11 | (e) All oscillating, rotating or flashing lights referred | ||||||
| 12 | to in this Section
shall be of sufficient intensity, when | ||||||
| 13 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
| 14 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
| 15 | of oscillating,
rotating or flashing lights or his | ||||||
| 16 | representative or authorized vendor from temporarily mounting
| ||||||
| 17 | such lights on a vehicle for demonstration purposes only. If | ||||||
| 18 | the lights are not covered while the vehicle is operated upon a | ||||||
| 19 | highway, the vehicle shall display signage indicating that the | ||||||
| 20 | vehicle is out of service or not an emergency vehicle. The | ||||||
| 21 | signage shall be displayed on all sides of the vehicle in | ||||||
| 22 | letters at least 2 inches tall and one-half inch wide. A | ||||||
| 23 | vehicle authorized to have oscillating,
rotating, or flashing | ||||||
| 24 | lights mounted for demonstration purposes may not activate the | ||||||
| 25 | lights while the vehicle is operated upon a highway.
| ||||||
| 26 | (g) Any person violating the provisions of subsections (a), | ||||||
| |||||||
| |||||||
| 1 | (b), (c) or (d)
of this Section who without lawful authority | ||||||
| 2 | stops or detains or attempts
to stop or detain another person | ||||||
| 3 | shall be guilty of a Class 2 felony.
| ||||||
| 4 | (h) Except as provided in subsection (g) above, any person | ||||||
| 5 | violating the
provisions of subsections (a) or (c) of this | ||||||
| 6 | Section shall be guilty of a
Class A misdemeanor.
| ||||||
| 7 | (Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, | ||||||
| 8 | eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13; | ||||||
| 9 | 98-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff. | ||||||
| 10 | 7-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)
| ||||||
| 11 | (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| ||||||
| 12 | Sec. 15-111. Wheel and axle loads and gross weights.
| ||||||
| 13 | (a) No vehicle or combination of vehicles
with pneumatic | ||||||
| 14 | tires may be operated, unladen or with load,
when the total | ||||||
| 15 | weight on the road surface
exceeds the following: 20,000 pounds | ||||||
| 16 | on a single axle; 34,000 pounds on a tandem axle with
no axle | ||||||
| 17 | within the tandem exceeding 20,000 pounds; 80,000
pounds gross | ||||||
| 18 | weight for vehicle combinations of 5 or more axles;
or a total | ||||||
| 19 | weight on a group of 2 or more consecutive axles in excess of | ||||||
| 20 | that
weight produced by the application of the following | ||||||
| 21 | formula: W = 500 times the
sum of (LN divided by N-1) + 12N + | ||||||
| 22 | 36, where "W" equals overall total weight on
any group of 2 or | ||||||
| 23 | more consecutive axles to the nearest 500 pounds, "L" equals
| ||||||
| 24 | the
distance measured to the nearest foot between extremes of | ||||||
| 25 | any group of 2 or
more consecutive axles, and "N" equals the | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | number of axles in the group under
consideration.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | The above formula when expressed in tabular form results in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | allowable loads
as follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Distance measured
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | to the nearest
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | foot between the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | extremes of any Maximum weight in pounds
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | group of 2 or of any group of
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | more consecutive 2 or more consecutive axles
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | axles
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | *If the distance between 2 axles is 96 inches or less, the 2 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | axles are
tandem axles and the maximum total weight may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | exceed 34,000 pounds,
notwithstanding the higher limit | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | resulting from the application of the formula.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | Vehicles not in a combination having more than 4 axles may | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | not exceed the
weight in the table in this subsection (a) for 4 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | axles measured between the
extreme axles of the
vehicle.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | Vehicles in a combination having more than 6 axles may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | exceed the weight
in the table in this subsection (a) for 6 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | axles measured between the extreme
axles of the
combination.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Local authorities, with respect
to streets and highways | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | under their jurisdiction, without additional
fees, may also by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | ordinance or resolution allow the weight limitations of this
| ||||||
| 2 | subsection, provided the maximum gross weight on any one axle | ||||||
| 3 | shall not exceed
20,000 pounds and the maximum total weight on | ||||||
| 4 | any tandem axle
shall not exceed
34,000 pounds, on designated | ||||||
| 5 | highways when appropriate regulatory signs giving
notice are | ||||||
| 6 | erected upon the street or highway or portion of any street or
| ||||||
| 7 | highway affected by the ordinance or resolution.
| ||||||
| 8 | The following are exceptions to the above formula:
| ||||||
| 9 | (1) Vehicles for which a different limit is established | ||||||
| 10 | and posted in
accordance with Section 15-316 of this Code.
| ||||||
| 11 | (2) Vehicles for which the Department of | ||||||
| 12 | Transportation and local
authorities issue overweight
| ||||||
| 13 | permits under authority of Section 15-301 of this Code. | ||||||
| 14 | These vehicles are
not subject
to the bridge formula.
| ||||||
| 15 | (3) Cities having a population of more than 50,000 may | ||||||
| 16 | permit by
ordinance axle loads on 2-axle 2 axle motor | ||||||
| 17 | vehicles 33 1/2% above those
provided for herein, but the | ||||||
| 18 | increase shall not become effective until the
city has | ||||||
| 19 | officially notified the Department of the passage of the
| ||||||
| 20 | ordinance and shall not apply to those vehicles when | ||||||
| 21 | outside of the limits
of the city, nor shall the gross | ||||||
| 22 | weight of any 2-axle 2 axle motor vehicle
operating over | ||||||
| 23 | any street of the city exceed 40,000 pounds.
| ||||||
| 24 | (4) Weight limitations shall not apply to vehicles | ||||||
| 25 | (including loads)
operated by a public utility when | ||||||
| 26 | transporting equipment required for
emergency repair of | ||||||
| |||||||
| |||||||
| 1 | public utility facilities or properties or water wells.
| ||||||
| 2 | (4.5) A 3-axle or 4-axle 3 or 4 axle vehicle (including | ||||||
| 3 | when laden) operated or hired by a municipality within | ||||||
| 4 | Cook, Lake, McHenry, Kane, DuPage, or Will county being | ||||||
| 5 | operated for the purpose of performing emergency sewer | ||||||
| 6 | repair that would be subject to a weight limitation less | ||||||
| 7 | than 66,000 pounds under the formula in this subsection (a) | ||||||
| 8 | shall have a weight limitation of 66,000 pounds or the | ||||||
| 9 | vehicle's gross vehicle weight rating, whichever is less. | ||||||
| 10 | This paragraph (4.5) does not apply to vehicles being | ||||||
| 11 | operated on the National System of Interstate and Defense | ||||||
| 12 | Highways, or to vehicles being operated on bridges or other | ||||||
| 13 | elevated structures constituting a part of a highway.
| ||||||
| 14 | (5) Two consecutive sets of tandem axles may carry a | ||||||
| 15 | total weight of
34,000
pounds each if the overall distance | ||||||
| 16 | between the first and last axles of the
consecutive sets of | ||||||
| 17 | tandem axles is 36 feet or more, notwithstanding the lower | ||||||
| 18 | limit resulting from the application of the above formula.
| ||||||
| 19 | (6) A truck, not in combination and used exclusively | ||||||
| 20 | for the collection of
rendering materials,
may, when laden, | ||||||
| 21 | transmit upon the road surface,
except when on part of the | ||||||
| 22 | National System of Interstate and Defense
Highways, the
| ||||||
| 23 | following maximum weights:
22,000 pounds on a single axle; | ||||||
| 24 | 40,000 pounds on a tandem axle.
| ||||||
| 25 | (7) A truck not in combination, equipped with a self | ||||||
| 26 | compactor or an
industrial roll-off hoist and roll-off | ||||||
| |||||||
| |||||||
| 1 | container, used exclusively for garbage,
refuse, or | ||||||
| 2 | recycling operations, may, when laden, transmit upon the | ||||||
| 3 | road surface,
except when on part of the National System of | ||||||
| 4 | Interstate and Defense
Highways, the following maximum | ||||||
| 5 | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||||||
| 6 | tandem axle; 40,000 pounds gross weight on a
2-axle | ||||||
| 7 | vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| ||||||
| 8 | This vehicle is not subject to the bridge formula.
| ||||||
| 9 | (7.5) A 3-axle rear discharge truck mixer registered as | ||||||
| 10 | a Special Hauling Vehicle, used exclusively for the mixing | ||||||
| 11 | and transportation of concrete in the plastic state, may, | ||||||
| 12 | when laden, transmit upon the road surface, except when on | ||||||
| 13 | part of the National System of Interstate and Defense | ||||||
| 14 | Highways, the following maximum weights: 22,000 pounds on | ||||||
| 15 | single axle; 40,000 pounds on a tandem axle; 54,000 pounds | ||||||
| 16 | gross weight on a 3-axle vehicle. This vehicle is not | ||||||
| 17 | subject to the bridge formula. | ||||||
| 18 | (8) Except as provided in paragraph (7.5) of this | ||||||
| 19 | subsection (a), tandem axles on a 3-axle truck registered | ||||||
| 20 | as a Special Hauling
Vehicle, manufactured prior to or in | ||||||
| 21 | the model year of 2024 and
first
registered in Illinois | ||||||
| 22 | prior to January 1, 2025, with a distance
greater than
72 | ||||||
| 23 | inches but not more than 96 inches between any series of 2 | ||||||
| 24 | axles, is
allowed a combined weight on the series not to | ||||||
| 25 | exceed 36,000 pounds and neither
axle of the series may | ||||||
| 26 | exceed 20,000 pounds. Any vehicle of this type
manufactured
| ||||||
| |||||||
| |||||||
| 1 | after the model year of 2024 or first registered in | ||||||
| 2 | Illinois after
December 31,
2024 may not exceed a combined | ||||||
| 3 | weight of 34,000 pounds through the
series of
2 axles and | ||||||
| 4 | neither axle of the series may exceed 20,000 pounds. | ||||||
| 5 | A 3-axle combination sewer cleaning jetting vacuum | ||||||
| 6 | truck registered as a Special Hauling
Vehicle, used | ||||||
| 7 | exclusively for the transportation of
non-hazardous solid | ||||||
| 8 | waste, manufactured before or in the
model year of 2014, | ||||||
| 9 | first registered in Illinois before
January 1, 2015, may, | ||||||
| 10 | when laden, transmit upon the road
surface, except when on | ||||||
| 11 | part of the National System of
Interstate and Defense | ||||||
| 12 | Highways, the following maximum
weights: 22,000 pounds on a | ||||||
| 13 | single axle; 40,000 pounds on a
tandem axle; 54,000 pounds | ||||||
| 14 | gross weight on a 3-axle
vehicle. This vehicle is not | ||||||
| 15 | subject to the bridge formula. | ||||||
| 16 | (9) A 4-axle truck mixer registered as a Special | ||||||
| 17 | Hauling Vehicle, used exclusively for the mixing and | ||||||
| 18 | transportation of concrete in the plastic state, and not | ||||||
| 19 | operated on a highway that is part of the National System | ||||||
| 20 | of Interstate Highways, is allowed the following maximum | ||||||
| 21 | weights: 20,000 pounds on any single axle; 36,000 pounds on | ||||||
| 22 | a series of axles greater than 72 inches but not more than | ||||||
| 23 | 96 inches; and 34,000 pounds on any series of 2 axles | ||||||
| 24 | greater than 40 inches but not more than 72 inches. The | ||||||
| 25 | gross weight of this vehicle may not exceed the weights | ||||||
| 26 | allowed by the bridge formula for 4 axles. The bridge | ||||||
| |||||||
| |||||||
| 1 | formula does not apply to any series of 3 axles while the | ||||||
| 2 | vehicle is transporting concrete in the plastic state, but | ||||||
| 3 | no axle or tandem axle of the series may exceed the maximum | ||||||
| 4 | weight permitted under this paragraph (9) of subsection | ||||||
| 5 | (a). | ||||||
| 6 | (10) Combinations of vehicles, registered as Special | ||||||
| 7 | Hauling Vehicles that
include a semitrailer manufactured | ||||||
| 8 | prior to or in the model year of 2024, and
registered in | ||||||
| 9 | Illinois prior to January 1, 2025, having 5 axles
with a
| ||||||
| 10 | distance of 42 feet or less between extreme axles, may not | ||||||
| 11 | exceed the
following maximum weights: 20,000 pounds on a | ||||||
| 12 | single axle; 34,000 pounds on a
tandem axle; and 72,000 | ||||||
| 13 | pounds gross weight. This combination of vehicles is
not | ||||||
| 14 | subject
to the bridge formula. For all those combinations | ||||||
| 15 | of vehicles that include a
semitrailer manufactured after | ||||||
| 16 | the effective date of P.A. 92-0417, the overall distance | ||||||
| 17 | between the first and last
axles of the 2 sets of
tandems | ||||||
| 18 | must be 18 feet 6 inches or
more. Any combination of | ||||||
| 19 | vehicles that has had its cargo
container replaced in its | ||||||
| 20 | entirety after December 31, 2024 may not
exceed
the weights | ||||||
| 21 | allowed by the bridge formula. | ||||||
| 22 | (11) The maximum weight allowed on a vehicle with | ||||||
| 23 | crawler type tracks is 40,000 pounds. | ||||||
| 24 | (12) A combination of vehicles, including a tow truck | ||||||
| 25 | and a disabled vehicle
or disabled combination of vehicles, | ||||||
| 26 | that exceeds the weight restriction
imposed by this Code, | ||||||
| |||||||
| |||||||
| 1 | may be operated on a public highway in this State
provided | ||||||
| 2 | that neither the disabled vehicle nor any vehicle being | ||||||
| 3 | towed nor
the tow truck itself shall exceed the weight | ||||||
| 4 | limitations permitted
under this Chapter. During the | ||||||
| 5 | towing operation, neither the tow truck nor
the vehicle | ||||||
| 6 | combination shall exceed
24,000 pounds on a single
rear | ||||||
| 7 | axle and
44,000 pounds on a tandem rear axle, provided the | ||||||
| 8 | towing vehicle: | ||||||
| 9 | (i) is specifically designed as a tow truck having | ||||||
| 10 | a gross vehicle
weight
rating of at least 18,000 pounds | ||||||
| 11 | and is equipped with air brakes, provided that
air
| ||||||
| 12 | brakes are required only if the towing vehicle is | ||||||
| 13 | towing a vehicle,
semitrailer, or tractor-trailer | ||||||
| 14 | combination that is equipped with air brakes; | ||||||
| 15 | (ii) is equipped with flashing, rotating, or | ||||||
| 16 | oscillating amber lights,
visible for at least 500 feet | ||||||
| 17 | in all directions; | ||||||
| 18 | (iii) is capable of utilizing the lighting and | ||||||
| 19 | braking systems of the
disabled vehicle or combination | ||||||
| 20 | of vehicles; and | ||||||
| 21 | (iv) does not engage in a tow exceeding 20 miles | ||||||
| 22 | from the initial point of
wreck or disablement. Any | ||||||
| 23 | additional movement of the vehicles may occur only
upon | ||||||
| 24 | issuance of authorization for that movement under the | ||||||
| 25 | provisions of
Sections 15-301 through 15-319 of this | ||||||
| 26 | Code. The towing vehicle, however,
may tow any disabled | ||||||
| |||||||
| |||||||
| 1 | vehicle to a point where repairs are actually to
occur. | ||||||
| 2 | This movement shall be valid only on State routes.
The | ||||||
| 3 | tower must abide by posted bridge weight
limits. | ||||||
| 4 | (13) Upon and during a declaration of an emergency | ||||||
| 5 | propane supply disaster by the Governor under Section 7 of | ||||||
| 6 | the Illinois Emergency Management Agency Act: | ||||||
| 7 | (i) a truck not in combination, equipped with a | ||||||
| 8 | cargo tank, used exclusively for the transportation of | ||||||
| 9 | propane or liquefied petroleum gas may, when laden, | ||||||
| 10 | transmit upon the road surface, except when on part of | ||||||
| 11 | the National System of Interstate and Defense | ||||||
| 12 | Highways, the following maximum weights: 22,000 pounds | ||||||
| 13 | on a single axle; 40,000 pounds on a tandem axle; | ||||||
| 14 | 40,000 pounds gross weight on a 2-axle vehicle; 54,000 | ||||||
| 15 | pounds gross weight on a 3-axle vehicle; and | ||||||
| 16 | (ii) a truck when in combination with a trailer | ||||||
| 17 | equipped with a cargo tank used exclusively for the | ||||||
| 18 | transportation of propane or liquefied petroleum gas | ||||||
| 19 | may, when laden, transmit upon the road surface, except | ||||||
| 20 | when on part of the National System of Interstate and | ||||||
| 21 | Defense Highways, the following maximum weights: | ||||||
| 22 | 22,000 pounds on a single axle; 40,000 pounds on a | ||||||
| 23 | tandem axle; 90,000 pounds gross weight on a 5-axle 5 | ||||||
| 24 | or 6-axle vehicle. | ||||||
| 25 | Vehicles operating under this paragraph (13) are not | ||||||
| 26 | subject to the bridge formula. | ||||||
| |||||||
| |||||||
| 1 | (14) (13) A vehicle or combination of vehicles that | ||||||
| 2 | uses natural gas or propane gas as a motor fuel may exceed | ||||||
| 3 | the above weight limitations by 2,000 pounds, except on | ||||||
| 4 | interstate highways as defined by Section 1-133.1 of this | ||||||
| 5 | Code. This paragraph (14) (13) shall not allow a vehicle to | ||||||
| 6 | exceed any posted weight limit on a highway or structure. | ||||||
| 7 | Gross weight limits shall not apply to the combination of | ||||||
| 8 | the tow truck
and vehicles being towed. The tow truck license | ||||||
| 9 | plate must cover the
operating empty weight of the tow truck | ||||||
| 10 | only. The weight
of each vehicle being towed shall be covered | ||||||
| 11 | by a valid license plate issued to
the owner or operator of the | ||||||
| 12 | vehicle being towed and displayed on that vehicle.
If no valid | ||||||
| 13 | plate issued to the owner or operator of that vehicle is | ||||||
| 14 | displayed
on that vehicle, or the plate displayed on that | ||||||
| 15 | vehicle does not cover the
weight of the vehicle, the weight of | ||||||
| 16 | the vehicle shall be covered by
the third tow truck plate | ||||||
| 17 | issued to the owner or operator of the tow truck and
| ||||||
| 18 | temporarily affixed to the vehicle being towed. If a roll-back | ||||||
| 19 | carrier is registered and being used as a tow truck, however, | ||||||
| 20 | the license plate or plates for the tow truck must cover the | ||||||
| 21 | gross vehicle weight, including any load carried on the bed of | ||||||
| 22 | the roll-back carrier. | ||||||
| 23 | The Department may by rule or regulation prescribe | ||||||
| 24 | additional requirements.
However, nothing in this Code shall | ||||||
| 25 | prohibit a tow truck under
instructions of a police officer | ||||||
| 26 | from legally clearing a disabled vehicle,
that may be in | ||||||
| |||||||
| |||||||
| 1 | violation of weight limitations of this Chapter, from the
| ||||||
| 2 | roadway to the berm or shoulder of the highway.
If in the | ||||||
| 3 | opinion of the police officer that location is unsafe, the | ||||||
| 4 | officer
is authorized to have the disabled vehicle towed to the | ||||||
| 5 | nearest place of
safety. | ||||||
| 6 | For the purpose of this subsection, gross vehicle weight | ||||||
| 7 | rating, or
GVWR, means the value specified by the manufacturer | ||||||
| 8 | as the loaded
weight of the tow truck. | ||||||
| 9 | (b) As used in this Section, "recycling haul" or "recycling | ||||||
| 10 | operation" means the hauling of non-hazardous, non-special, | ||||||
| 11 | non-putrescible materials, such as paper, glass, cans, or | ||||||
| 12 | plastic, for subsequent use in the secondary materials market. | ||||||
| 13 | (c) No vehicle or combination of vehicles equipped with | ||||||
| 14 | pneumatic tires
shall be operated, unladen or with load, upon | ||||||
| 15 | the highways of this State in
violation of the provisions of | ||||||
| 16 | any permit issued under the provisions of
Sections 15-301 | ||||||
| 17 | through 15-319 of this Chapter. | ||||||
| 18 | (d) No vehicle or combination of vehicles equipped with | ||||||
| 19 | other than pneumatic
tires may be operated, unladen or with | ||||||
| 20 | load, upon the highways of this State
when the gross weight on | ||||||
| 21 | the road surface through any wheel exceeds 800
pounds per inch | ||||||
| 22 | width of tire tread or when the gross weight on the road
| ||||||
| 23 | surface through any axle exceeds 16,000 pounds.
| ||||||
| 24 | (e) No person shall operate a vehicle or combination of | ||||||
| 25 | vehicles over
a bridge or other elevated structure constituting | ||||||
| 26 | part of a highway with a
gross weight that is greater than the | ||||||
| |||||||
| |||||||
| 1 | maximum weight permitted by the
Department, when the structure | ||||||
| 2 | is sign posted as provided in this Section. | ||||||
| 3 | (f) The Department upon request from any local authority | ||||||
| 4 | shall, or upon
its own initiative may, conduct an investigation | ||||||
| 5 | of any bridge or other
elevated structure constituting a part | ||||||
| 6 | of a highway, and if it finds that
the structure cannot with | ||||||
| 7 | safety to itself withstand the weight of vehicles
otherwise | ||||||
| 8 | permissible under this Code the Department shall determine and
| ||||||
| 9 | declare the maximum weight of vehicles that the structures can | ||||||
| 10 | withstand,
and shall cause or permit suitable signs stating | ||||||
| 11 | maximum weight to be
erected and maintained before each end of | ||||||
| 12 | the structure. No person shall
operate a vehicle or combination | ||||||
| 13 | of vehicles over any structure with a
gross weight that is | ||||||
| 14 | greater than the posted maximum weight.
| ||||||
| 15 | (g) Upon the trial of any person charged with a violation | ||||||
| 16 | of subsection
(e) or (f) of this Section, proof of the | ||||||
| 17 | determination of the maximum
allowable weight by the Department | ||||||
| 18 | and the existence of the signs,
constitutes conclusive evidence | ||||||
| 19 | of the maximum weight that can be
maintained with safety to the | ||||||
| 20 | bridge or structure.
| ||||||
| 21 | (Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410, | ||||||
| 22 | eff. 8-16-13; 98-756, eff. 7-16-14; 98-942, eff. 1-1-15; | ||||||
| 23 | 98-956, eff. 1-1-15; 98-1029, eff. 1-1-15; revised 10-2-14.)
| ||||||
| 24 | Section 470. The Boat Registration and Safety Act is | ||||||
| 25 | amended by changing Section 5-18 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
| ||||||
| 2 | Sec. 5-18.
(a) Beginning on January 1, 2016, no person born | ||||||
| 3 | on or after January 1, 1998, unless exempted by subsection (i), | ||||||
| 4 | shall operate a motorboat with over 10 horse power unless that | ||||||
| 5 | person has a valid Boating Safety Certificate issued by the | ||||||
| 6 | Department of Natural Resources or an entity or organization | ||||||
| 7 | recognized and approved by the Department. | ||||||
| 8 | (b) No person under 10 years of age may operate a
| ||||||
| 9 | motorboat. | ||||||
| 10 | (c) Prior to January 1, 2016, persons at least 10 years of | ||||||
| 11 | age and less than 12 years of age
may operate a motorboat with | ||||||
| 12 | over 10 horse power only if they are accompanied on the | ||||||
| 13 | motorboat and
under the direct control of a parent or guardian | ||||||
| 14 | or a person at least 18
years of age designated by a parent or | ||||||
| 15 | guardian. Beginning on January 1, 2016, persons at least 10 | ||||||
| 16 | years of age and less than 12 years of age may operate a | ||||||
| 17 | motorboat with over 10 horse power only if the person is under | ||||||
| 18 | the direct on-board supervision of a parent or guardian who | ||||||
| 19 | meets the requirements of subsection (a) or a person at least | ||||||
| 20 | 18 years of age who meets the requirements of subsection (a) | ||||||
| 21 | and is designated by a parent or guardian. | ||||||
| 22 | (d) Prior to January 1, 2016, persons at least 12 years
of | ||||||
| 23 | age and less than 18 years of age may operate a motorboat with | ||||||
| 24 | over 10 horse power only if they
are accompanied on the | ||||||
| 25 | motorboat and under the direct control of a parent
or guardian | ||||||
| |||||||
| |||||||
| 1 | or a person at least 18 years of age designated by a parent or
| ||||||
| 2 | guardian, or the motorboat operator is in possession of a | ||||||
| 3 | Boating Safety
Certificate issued by the Department of Natural | ||||||
| 4 | Resources,
Division of Law Enforcement, authorizing the holder | ||||||
| 5 | to operate motorboats. Beginning on January 1, 2016, persons at | ||||||
| 6 | least 12 years and less than 18 years of age may operate a | ||||||
| 7 | motorboat with over 10 horse power only if the person meets the | ||||||
| 8 | requirements of subsection (a) or is under the direct on-board | ||||||
| 9 | supervision of a parent or guardian who meets the requirements | ||||||
| 10 | of subsection (a) or a person at least 18 years of age who | ||||||
| 11 | meets the requirements of subsection (a) and is designated by a | ||||||
| 12 | parent or guardian.
| ||||||
| 13 | (e) Beginning January 1, 2016, the owner of a motorboat or | ||||||
| 14 | a person given supervisory authority over a motorboat shall not | ||||||
| 15 | permit a motorboat with over 10 horse power to be operated by a | ||||||
| 16 | person who does not meet the Boating Safety Certificate | ||||||
| 17 | requirements of this Section. | ||||||
| 18 | (f) Licensed boat liveries shall offer abbreviated | ||||||
| 19 | operating and safety instruction covering core boat safety | ||||||
| 20 | rules to all renters, unless the renter can demonstrate | ||||||
| 21 | compliance with the Illinois Boating Safety Certificate | ||||||
| 22 | requirements of this Section, or is exempt under subsection (i) | ||||||
| 23 | of this Section. A person who completes abbreviated operating | ||||||
| 24 | and safety instruction may operate a motorboat rented from the | ||||||
| 25 | livery providing the abbreviated operating and safety | ||||||
| 26 | instruction without having a Boating Safety Certificate for up | ||||||
| |||||||
| |||||||
| 1 | to one year from the date of instruction. The Department shall | ||||||
| 2 | adopt rules to implement this subsection. | ||||||
| 3 | (g) Violations. | ||||||
| 4 | (1) A person who is operating a motorboat with over 10 | ||||||
| 5 | horse power and is required to have a valid Boating Safety | ||||||
| 6 | Certificate under the provisions of this Section shall | ||||||
| 7 | present the certificate to a law enforcement officer upon | ||||||
| 8 | request. Failure of the person to present the certificate | ||||||
| 9 | upon request is a petty offense. | ||||||
| 10 | (2) A person who provides false or fictitious | ||||||
| 11 | information in an application for a Boating Safety | ||||||
| 12 | Certificate; or who alters, forges, counterfeits, or | ||||||
| 13 | falsifies a Boating Safety Certificate; or who possesses a | ||||||
| 14 | Boating Safety Certificate that has been altered, forged, | ||||||
| 15 | counterfeited, or falsified is guilty of a Class A | ||||||
| 16 | misdemeanor. | ||||||
| 17 | (3) A person who loans or permits his or her their | ||||||
| 18 | Boating Safety Certificate to be used by another person; or | ||||||
| 19 | who operates a motorboat with over 10 horse power using a | ||||||
| 20 | Boating Safety Certificate that has not been issued to that | ||||||
| 21 | person is guilty of a Class A misdemeanor. | ||||||
| 22 | (4) A violation Violations of this Section done with | ||||||
| 23 | the knowledge of a parent or guardian
shall be deemed a | ||||||
| 24 | violation by the parent or guardian and punishable
under | ||||||
| 25 | Section 11A-1.
| ||||||
| 26 | (h) The Department of Natural Resources shall
establish a | ||||||
| |||||||
| |||||||
| 1 | program of instruction on boating safety, laws, regulations and
| ||||||
| 2 | administrative laws, and any other subject matter which might | ||||||
| 3 | be related to
the subject of general boat safety. The program | ||||||
| 4 | shall be conducted by
instructors certified by the Department | ||||||
| 5 | of Natural Resources. The course of instruction for persons | ||||||
| 6 | certified to teach
boating safety shall be not less than 8 | ||||||
| 7 | hours in length, and the Department
shall have the authority to | ||||||
| 8 | revoke the certification of any instructor who
has demonstrated | ||||||
| 9 | his inability to conduct courses on the subject matter.
The | ||||||
| 10 | Department of Natural Resources shall develop and provide a | ||||||
| 11 | method for students to complete the program online. Students | ||||||
| 12 | satisfactorily completing a program of not less than 8 hours in
| ||||||
| 13 | length shall receive a certificate of safety from the | ||||||
| 14 | Department of
Natural Resources. The
Department may cooperate
| ||||||
| 15 | with schools, online vendors, private clubs and other | ||||||
| 16 | organizations in offering boating
safety courses throughout | ||||||
| 17 | the State of Illinois.
| ||||||
| 18 | The Department shall issue certificates of boating safety | ||||||
| 19 | to persons 10
years of age or older successfully completing the | ||||||
| 20 | prescribed course
of instruction and passing such tests as may | ||||||
| 21 | be prescribed by the Department.
The Department may charge each | ||||||
| 22 | person who enrolls in a course of instruction
a fee not to | ||||||
| 23 | exceed $5. If a fee is authorized by the Department, the
| ||||||
| 24 | Department shall authorize instructors conducting such courses | ||||||
| 25 | meeting
standards established by it to charge for the rental of | ||||||
| 26 | facilities or for
the cost of materials utilized in the course. | ||||||
| |||||||
| |||||||
| 1 | Fees retained by the
Department shall be utilized to defray a | ||||||
| 2 | part of its expenses to operate
the safety and accident | ||||||
| 3 | reporting programs of the Department.
| ||||||
| 4 | (i) A Boating Safety Certificate is not required by: | ||||||
| 5 | (1) a person who possesses a valid United States Coast | ||||||
| 6 | Guard commercial vessel operator's license or a marine | ||||||
| 7 | certificate issued by the Canadian government; | ||||||
| 8 | (2) a person employed by the United States, this State, | ||||||
| 9 | another state, or a subdivision thereof while in | ||||||
| 10 | performance of his or her official duties; | ||||||
| 11 | (3) a person who is not a resident, is temporarily | ||||||
| 12 | using the waters of this State for a period not to exceed | ||||||
| 13 | 90 days, and meets any applicable boating safety education | ||||||
| 14 | requirements of his or her state of residency or possesses | ||||||
| 15 | a Canadian Pleasure Craft Operator's Card; | ||||||
| 16 | (4) a person who is a resident of this State who has | ||||||
| 17 | met the applicable boating safety education requirements | ||||||
| 18 | of another state or possesses a Canadian Pleasure Craft | ||||||
| 19 | Operator's Card; | ||||||
| 20 | (5) a person who has assumed operation of the motorboat | ||||||
| 21 | due to the illness or physical impairment of the operator, | ||||||
| 22 | and is returning the motorboat or personal watercraft to | ||||||
| 23 | shore in order to provide assistance or care for that | ||||||
| 24 | operator; | ||||||
| 25 | (6) a person who is registered as a commercial | ||||||
| 26 | fisherman or a person who is under the onboard direct | ||||||
| |||||||
| |||||||
| 1 | supervision of the commercial fisherman while operating | ||||||
| 2 | the commercial fisherman's vessel; | ||||||
| 3 | (7) a person who is serving or has qualified as a | ||||||
| 4 | surface warfare officer or enlisted surface warfare | ||||||
| 5 | specialist in the United States Navy; | ||||||
| 6 | (8) a person who has assumed operation of the motorboat | ||||||
| 7 | for the purpose of completing a watercraft safety course | ||||||
| 8 | approved by the Department, the U.S. Coast Guard, or the | ||||||
| 9 | National Association of State Boating Law Administrators; | ||||||
| 10 | (9) a person using only an electric motor to propel the | ||||||
| 11 | motorboat; | ||||||
| 12 | (10) a person operating a motorboat on private | ||||||
| 13 | property; or | ||||||
| 14 | (11) a person over the age of 12 years who holds a | ||||||
| 15 | valid certificate issued by
another state, a province of | ||||||
| 16 | the Dominion of
Canada, the United States Coast Guard | ||||||
| 17 | Auxiliary or the United States
Power Squadron need not | ||||||
| 18 | obtain a certificate from the Department if the
course | ||||||
| 19 | content of the program in such other state, province or | ||||||
| 20 | organization
substantially meets that established by the | ||||||
| 21 | Department under this Section.
A certificate issued by the | ||||||
| 22 | Department or by another state, province of the
Dominion of | ||||||
| 23 | Canada or approved organization shall not constitute an
| ||||||
| 24 | operator's license, but shall certify only that the student | ||||||
| 25 | has
successfully passed a course in boating safety | ||||||
| 26 | instruction.
| ||||||
| |||||||
| |||||||
| 1 | (j) The Department of Natural Resources shall adopt rules | ||||||
| 2 | necessary to implement this Section. The Department of Natural | ||||||
| 3 | Resources shall consult and coordinate with the boating public, | ||||||
| 4 | professional organizations for recreational boating safety, | ||||||
| 5 | and the boating retail, leasing, and dealer business community | ||||||
| 6 | in the adoption of these rules.
| ||||||
| 7 | (Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 8 | Section 475. The Clerks of Courts Act is amended by | ||||||
| 9 | changing Section 27.6 as follows:
| ||||||
| 10 | (705 ILCS 105/27.6)
| ||||||
| 11 | (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||||||
| 12 | 96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
| 13 | 98-658, and 98-1013) | ||||||
| 14 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
| 15 | penalties, bail balances
assessed or forfeited, and any other | ||||||
| 16 | amount paid by a person to the circuit
clerk equalling an | ||||||
| 17 | amount of $55 or more, except the fine imposed by Section | ||||||
| 18 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
| 19 | required
by subsections (b) and (c), restitution under Section | ||||||
| 20 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
| 21 | local anti-crime program ordered pursuant to Section | ||||||
| 22 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
| 23 | Corrections, reimbursement for the costs of an emergency
| ||||||
| 24 | response as provided under Section 11-501 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
| 2 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
| 3 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
| 4 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
| 5 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
| 6 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
| 7 | supervision, or any
other disposition for a violation of | ||||||
| 8 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
| 9 | similar provision of a local ordinance, and any
violation of | ||||||
| 10 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
| 11 | local ordinance, and except as otherwise provided in this | ||||||
| 12 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
| 13 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
| 14 | entity authorized by law to
receive the fine imposed in the | ||||||
| 15 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
| 16 | 38.675% shall be disbursed to the county's general corporate
| ||||||
| 17 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
| 18 | shall be deposited
by the State Treasurer into the Violent | ||||||
| 19 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
| 20 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
| 21 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
| 22 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
| 23 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
| 24 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
| 25 | Department of Public Health and 50% shall be disbursed to
the | ||||||
| 26 | Department of Healthcare and Family Services. For fiscal year | ||||||
| |||||||
| |||||||
| 1 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
| 2 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
| 3 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
| 4 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
| 5 | amount that exceeds the 110% limit shall be distributed as | ||||||
| 6 | follows: 50%
shall be disbursed to the county's general | ||||||
| 7 | corporate fund and 50% shall be
disbursed to the entity | ||||||
| 8 | authorized by law to receive the fine imposed in
the case. Not | ||||||
| 9 | later than March 1 of each year the circuit clerk
shall submit | ||||||
| 10 | a report of the amount of funds remitted to the State
Treasurer | ||||||
| 11 | under this Section during the preceding year based upon
| ||||||
| 12 | independent verification of fines and fees. All counties shall | ||||||
| 13 | be subject
to this Section, except that counties with a | ||||||
| 14 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
| 15 | subject to this Section. For offenses
subject to this Section, | ||||||
| 16 | judges shall impose one total sum of money payable
for | ||||||
| 17 | violations. The circuit clerk may add on no additional amounts | ||||||
| 18 | except
for amounts that are required by Sections 27.3a and | ||||||
| 19 | 27.3c of
this Act, unless those amounts are specifically waived | ||||||
| 20 | by the judge. With
respect to money collected by the circuit | ||||||
| 21 | clerk as a result of
forfeiture of bail, ex parte judgment or | ||||||
| 22 | guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||||||
| 23 | clerk shall first deduct and pay amounts
required by Sections | ||||||
| 24 | 27.3a and 27.3c of this Act. This Section is a denial
and | ||||||
| 25 | limitation of home rule powers and functions under subsection | ||||||
| 26 | (h) of
Section 6 of Article VII of the Illinois Constitution.
| ||||||
| |||||||
| |||||||
| 1 | (b) In addition to any other fines and court costs assessed | ||||||
| 2 | by the courts,
any person convicted or receiving an order of | ||||||
| 3 | supervision for driving under
the influence of alcohol or drugs | ||||||
| 4 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
| 5 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
| 6 | administrative costs incurred by the clerk, shall be remitted | ||||||
| 7 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
| 8 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
| 9 | $100 shall not be considered a part of the
fine for purposes of | ||||||
| 10 | any reduction in the fine for time served either before or
| ||||||
| 11 | after sentencing. Not later than March 1 of each year the | ||||||
| 12 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
| 13 | remitted to the State Treasurer under
this subsection during | ||||||
| 14 | the preceding calendar year.
| ||||||
| 15 | (b-1) In addition to any other fines and court costs | ||||||
| 16 | assessed by the courts,
any person convicted or receiving an | ||||||
| 17 | order of supervision for driving under the
influence of alcohol | ||||||
| 18 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
| 19 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
| 20 | defray administrative costs incurred by the clerk,
shall be | ||||||
| 21 | remitted by the clerk to the Treasurer within 60 days after | ||||||
| 22 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
| 23 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
| 24 | considered a part of the fine for purposes of any reduction in | ||||||
| 25 | the fine for
time served either before or after sentencing. Not | ||||||
| 26 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
| |||||||
| |||||||
| 1 | a report of the amount of funds remitted to
the State Treasurer | ||||||
| 2 | under this subsection during the preceding calendar
year.
| ||||||
| 3 | (c) In addition to any other fines and court costs assessed | ||||||
| 4 | by the courts,
any person convicted for a violation of Sections | ||||||
| 5 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
| 6 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
| 7 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
| 8 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 9 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
| 10 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
| 11 | defray administrative costs incurred by the clerk,
shall be | ||||||
| 12 | remitted by the clerk to the Treasurer within 60 days after | ||||||
| 13 | receipt
for deposit into the Trauma Center Fund. This | ||||||
| 14 | additional fee of $100 shall not
be considered a part of the | ||||||
| 15 | fine for purposes of any reduction in the fine for
time served | ||||||
| 16 | either before or after sentencing. Not later than March 1 of | ||||||
| 17 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
| 18 | of funds remitted to
the State Treasurer under this subsection | ||||||
| 19 | during the preceding calendar year.
| ||||||
| 20 | (c-1) In addition to any other fines and court costs | ||||||
| 21 | assessed by the
courts, any person sentenced for a violation of | ||||||
| 22 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
| 23 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 24 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
| 25 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
| 26 | defray administrative costs incurred by the clerk, shall be | ||||||
| |||||||
| |||||||
| 1 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
| 2 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
| 3 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
| 4 | considered a part of the fine for purposes of any reduction in | ||||||
| 5 | the
fine for time served either before or after sentencing. Not | ||||||
| 6 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
| 7 | a report of the amount of funds
remitted to the State Treasurer | ||||||
| 8 | under this subsection during the preceding
calendar year.
| ||||||
| 9 | (d) The following amounts must be remitted to the State | ||||||
| 10 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
| 11 | (1) 50% of the amounts collected for felony offenses | ||||||
| 12 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
| 13 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
| 14 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
| 15 | of
1961 or the Criminal Code of 2012;
| ||||||
| 16 | (2) 20% of the amounts collected for Class A and Class | ||||||
| 17 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
| 18 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
| 19 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
| 20 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
| 21 | (3) 50% of the amounts collected for Class C | ||||||
| 22 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
| 23 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
| 24 | Code of 1961 or the Criminal Code of 2012.
| ||||||
| 25 | (e) Any person who receives a disposition of court | ||||||
| 26 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
| |||||||
| |||||||
| 1 | similar provision of a local ordinance shall, in addition to | ||||||
| 2 | any other fines, fees, and court costs, pay an additional fee | ||||||
| 3 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
| 4 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
| 5 | person shall also pay a fee of $6, if not waived by the court. | ||||||
| 6 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
| 7 | deposited into the Circuit Court Clerk Operation and | ||||||
| 8 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 9 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
| 10 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
| 11 | (f) This Section does not apply to the additional child | ||||||
| 12 | pornography fines assessed and collected under Section | ||||||
| 13 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
| 14 | (g) (Blank). | ||||||
| 15 | (h) (Blank). | ||||||
| 16 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
| 17 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
| 18 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
| 19 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
| 20 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 21 | to be used to offset the costs incurred by the Circuit Court | ||||||
| 22 | Clerk in performing the additional duties required to collect | ||||||
| 23 | and disburse funds to entities of State and local government as | ||||||
| 24 | provided by law.
| ||||||
| 25 | (j) Any person convicted of, pleading guilty to, or placed | ||||||
| 26 | on supervision for a serious traffic violation, as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
| 2 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
| 3 | a similar provision of a local ordinance shall pay an | ||||||
| 4 | additional fee of $35, to be disbursed as provided in Section | ||||||
| 5 | 16-104d of that Code. | ||||||
| 6 | This subsection (j) becomes inoperative on January 1, 2020. | ||||||
| 7 | (k) For any conviction or disposition of court supervision | ||||||
| 8 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
| 9 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
| 10 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
| 11 | Illinois Vehicle Code. | ||||||
| 12 | (l) Any person who receives a disposition of court | ||||||
| 13 | supervision for a violation of Section 11-501 of the Illinois | ||||||
| 14 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
| 15 | in addition to any other fines, fees, and court costs, pay an | ||||||
| 16 | additional fee of $50, which shall
be collected by the circuit | ||||||
| 17 | clerk and then remitted to the State Treasurer for deposit into | ||||||
| 18 | the Roadside Memorial Fund, a special fund in the State | ||||||
| 19 | treasury. However, the court may waive the fee if full | ||||||
| 20 | restitution is complied with. Subject to appropriation, all | ||||||
| 21 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
| 22 | Department of Transportation to pay fees imposed under | ||||||
| 23 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
| 24 | fee shall be remitted by the circuit clerk within one month | ||||||
| 25 | after receipt to the State Treasurer for deposit into the | ||||||
| 26 | Roadside Memorial Fund. | ||||||
| |||||||
| |||||||
| 1 | (m) Of the amounts collected as fines under subsection (c) | ||||||
| 2 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
| 3 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
| 4 | Community Protection Act, 99% shall be deposited to the law | ||||||
| 5 | enforcement agency or fund specified and 1% shall be deposited | ||||||
| 6 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
| 7 | to be used to offset the costs incurred by the Circuit Court | ||||||
| 8 | Clerk in performing the additional duties required to collect | ||||||
| 9 | and disburse funds to entities of State and local government as | ||||||
| 10 | provided by law. | ||||||
| 11 | (n) In addition to any other fines and court costs assessed | ||||||
| 12 | by the courts, any person who is convicted of or pleads guilty | ||||||
| 13 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
| 14 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
| 15 | who is convicted of, pleads guilty to, or receives a | ||||||
| 16 | disposition of court supervision for a violation of the | ||||||
| 17 | Illinois Vehicle Code, or a similar provision of a local | ||||||
| 18 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
| 19 | the circuit court. This additional fee of $15 shall not be | ||||||
| 20 | considered a part of the fine for purposes of any reduction in | ||||||
| 21 | the fine for time served either before or after sentencing. | ||||||
| 22 | This amount, less 2.5% that shall be used to defray | ||||||
| 23 | administrative costs incurred by the clerk, shall be remitted | ||||||
| 24 | by the clerk to the State Treasurer within 60 days after | ||||||
| 25 | receipt for deposit into the State Police Merit Board Public | ||||||
| 26 | Safety Fund. | ||||||
| |||||||
| |||||||
| 1 | (o) The amounts collected as fines under Sections 10-9, | ||||||
| 2 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
| 3 | be collected by the circuit clerk and distributed as provided | ||||||
| 4 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
| 5 | lieu of any disbursement under subsection (a) of this Section. | ||||||
| 6 | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||||||
| 7 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||||||
| 8 | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
| ||||||
| 9 | (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||||||
| 10 | 96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150, | ||||||
| 11 | 98-658, and 98-1013) | ||||||
| 12 | Sec. 27.6. (a) All fees, fines, costs, additional | ||||||
| 13 | penalties, bail balances
assessed or forfeited, and any other | ||||||
| 14 | amount paid by a person to the circuit
clerk equalling an | ||||||
| 15 | amount of $55 or more, except the fine imposed by Section | ||||||
| 16 | 5-9-1.15
of the Unified Code of Corrections, the additional fee | ||||||
| 17 | required
by subsections (b) and (c), restitution under Section | ||||||
| 18 | 5-5-6 of the
Unified Code of Corrections, contributions to a | ||||||
| 19 | local anti-crime program ordered pursuant to Section | ||||||
| 20 | 5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of | ||||||
| 21 | Corrections, reimbursement for the costs of an emergency
| ||||||
| 22 | response as provided under Section 11-501 of the Illinois | ||||||
| 23 | Vehicle Code,
any fees collected for attending a traffic safety | ||||||
| 24 | program under paragraph (c)
of Supreme Court Rule 529, any fee | ||||||
| 25 | collected on behalf of a State's Attorney
under Section 4-2002 | ||||||
| |||||||
| |||||||
| 1 | of the Counties Code or a sheriff under Section 4-5001
of the | ||||||
| 2 | Counties Code, or any cost imposed under Section 124A-5 of the | ||||||
| 3 | Code of
Criminal Procedure of 1963, for convictions, orders of | ||||||
| 4 | supervision, or any
other disposition for a violation of | ||||||
| 5 | Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a | ||||||
| 6 | similar provision of a local ordinance, and any
violation of | ||||||
| 7 | the Child Passenger Protection Act, or a similar provision of a
| ||||||
| 8 | local ordinance, and except as otherwise provided in this | ||||||
| 9 | Section
shall be disbursed
within 60 days after receipt by the | ||||||
| 10 | circuit
clerk as follows: 44.5% shall be disbursed to the | ||||||
| 11 | entity authorized by law to
receive the fine imposed in the | ||||||
| 12 | case; 16.825% shall be disbursed to the State
Treasurer; and | ||||||
| 13 | 38.675% shall be disbursed to the county's general corporate
| ||||||
| 14 | fund. Of the 16.825% disbursed to the State Treasurer, 2/17 | ||||||
| 15 | shall be deposited
by the State Treasurer into the Violent | ||||||
| 16 | Crime Victims Assistance Fund, 5.052/17
shall be deposited into | ||||||
| 17 | the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall | ||||||
| 18 | be deposited into the Drivers Education Fund, and 6.948/17 | ||||||
| 19 | shall be
deposited into the Trauma Center Fund. Of the 6.948/17 | ||||||
| 20 | deposited into the
Trauma Center Fund from the 16.825% | ||||||
| 21 | disbursed to the State Treasurer, 50% shall
be disbursed to the | ||||||
| 22 | Department of Public Health and 50% shall be disbursed to
the | ||||||
| 23 | Department of Healthcare and Family Services. For fiscal year | ||||||
| 24 | 1993, amounts deposited into
the Violent Crime Victims | ||||||
| 25 | Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||||||
| 26 | Fund, or the Drivers Education Fund shall not exceed 110%
of | ||||||
| |||||||
| |||||||
| 1 | the amounts deposited into those funds in fiscal year 1991. Any
| ||||||
| 2 | amount that exceeds the 110% limit shall be distributed as | ||||||
| 3 | follows: 50%
shall be disbursed to the county's general | ||||||
| 4 | corporate fund and 50% shall be
disbursed to the entity | ||||||
| 5 | authorized by law to receive the fine imposed in
the case. Not | ||||||
| 6 | later than March 1 of each year the circuit clerk
shall submit | ||||||
| 7 | a report of the amount of funds remitted to the State
Treasurer | ||||||
| 8 | under this Section during the preceding year based upon
| ||||||
| 9 | independent verification of fines and fees. All counties shall | ||||||
| 10 | be subject
to this Section, except that counties with a | ||||||
| 11 | population under 2,000,000
may, by ordinance, elect not to be | ||||||
| 12 | subject to this Section. For offenses
subject to this Section, | ||||||
| 13 | judges shall impose one total sum of money payable
for | ||||||
| 14 | violations. The circuit clerk may add on no additional amounts | ||||||
| 15 | except
for amounts that are required by Sections 27.3a and | ||||||
| 16 | 27.3c of
this Act, Section 16-104c of the Illinois Vehicle | ||||||
| 17 | Code, and subsection (a) of Section 5-1101 of the Counties | ||||||
| 18 | Code, unless those amounts are specifically waived by the | ||||||
| 19 | judge. With
respect to money collected by the circuit clerk as | ||||||
| 20 | a result of
forfeiture of bail, ex parte judgment or guilty | ||||||
| 21 | plea pursuant to Supreme
Court Rule 529, the circuit clerk | ||||||
| 22 | shall first deduct and pay amounts
required by Sections 27.3a | ||||||
| 23 | and 27.3c of this Act. Unless a court ordered payment schedule | ||||||
| 24 | is implemented or fee requirements are waived pursuant to court | ||||||
| 25 | order, the clerk of the court may add to any unpaid fees and | ||||||
| 26 | costs a delinquency amount equal to 5% of the unpaid fees that | ||||||
| |||||||
| |||||||
| 1 | remain unpaid after 30 days, 10% of the unpaid fees that remain | ||||||
| 2 | unpaid after 60 days, and 15% of the unpaid fees that remain | ||||||
| 3 | unpaid after 90 days. Notice to those parties may be made by | ||||||
| 4 | signage posting or publication. The additional delinquency | ||||||
| 5 | amounts collected under this Section shall be deposited in the | ||||||
| 6 | Circuit Court Clerk Operation and Administrative Fund to be | ||||||
| 7 | used to defray administrative costs incurred by the circuit | ||||||
| 8 | clerk in performing the duties required to collect and disburse | ||||||
| 9 | funds. This Section is a denial
and limitation of home rule | ||||||
| 10 | powers and functions under subsection (h) of
Section 6 of | ||||||
| 11 | Article VII of the Illinois Constitution.
| ||||||
| 12 | (b) In addition to any other fines and court costs assessed | ||||||
| 13 | by the courts,
any person convicted or receiving an order of | ||||||
| 14 | supervision for driving under
the influence of alcohol or drugs | ||||||
| 15 | shall pay an additional fee of $100 to the
clerk of the circuit | ||||||
| 16 | court. This amount, less 2 1/2% that shall be used to
defray | ||||||
| 17 | administrative costs incurred by the clerk, shall be remitted | ||||||
| 18 | by the
clerk to the Treasurer within 60 days after receipt for | ||||||
| 19 | deposit into the Trauma
Center Fund. This additional fee of | ||||||
| 20 | $100 shall not be considered a part of the
fine for purposes of | ||||||
| 21 | any reduction in the fine for time served either before or
| ||||||
| 22 | after sentencing. Not later than March 1 of each year the | ||||||
| 23 | Circuit Clerk shall
submit a report of the amount of funds | ||||||
| 24 | remitted to the State Treasurer under
this subsection during | ||||||
| 25 | the preceding calendar year.
| ||||||
| 26 | (b-1) In addition to any other fines and court costs | ||||||
| |||||||
| |||||||
| 1 | assessed by the courts,
any person convicted or receiving an | ||||||
| 2 | order of supervision for driving under the
influence of alcohol | ||||||
| 3 | or drugs shall pay an additional fee of $5 to the clerk
of the | ||||||
| 4 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
| 5 | defray administrative costs incurred by the clerk,
shall be | ||||||
| 6 | remitted by the clerk to the Treasurer within 60 days after | ||||||
| 7 | receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||||||
| 8 | Research Trust Fund.
This additional fee of $5 shall not
be | ||||||
| 9 | considered a part of the fine for purposes of any reduction in | ||||||
| 10 | the fine for
time served either before or after sentencing. Not | ||||||
| 11 | later than March 1 of each
year the Circuit Clerk shall submit | ||||||
| 12 | a report of the amount of funds remitted to
the State Treasurer | ||||||
| 13 | under this subsection during the preceding calendar
year.
| ||||||
| 14 | (c) In addition to any other fines and court costs assessed | ||||||
| 15 | by the courts,
any person convicted for a violation of Sections | ||||||
| 16 | 24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012 or a person sentenced for a violation of | ||||||
| 18 | the Cannabis
Control Act, the Illinois Controlled Substances | ||||||
| 19 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 20 | Act
shall pay an additional fee of $100 to the clerk
of the | ||||||
| 21 | circuit court. This amount, less
2 1/2% that shall be used to | ||||||
| 22 | defray administrative costs incurred by the clerk,
shall be | ||||||
| 23 | remitted by the clerk to the Treasurer within 60 days after | ||||||
| 24 | receipt
for deposit into the Trauma Center Fund. This | ||||||
| 25 | additional fee of $100 shall not
be considered a part of the | ||||||
| 26 | fine for purposes of any reduction in the fine for
time served | ||||||
| |||||||
| |||||||
| 1 | either before or after sentencing. Not later than March 1 of | ||||||
| 2 | each
year the Circuit Clerk shall submit a report of the amount | ||||||
| 3 | of funds remitted to
the State Treasurer under this subsection | ||||||
| 4 | during the preceding calendar year.
| ||||||
| 5 | (c-1) In addition to any other fines and court costs | ||||||
| 6 | assessed by the
courts, any person sentenced for a violation of | ||||||
| 7 | the Cannabis Control Act,
the Illinois Controlled Substances | ||||||
| 8 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 9 | Act shall pay an additional fee of $5 to the
clerk of the | ||||||
| 10 | circuit court. This amount, less 2 1/2% that shall be used to
| ||||||
| 11 | defray administrative costs incurred by the clerk, shall be | ||||||
| 12 | remitted by the
clerk to the Treasurer within 60 days after | ||||||
| 13 | receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||||||
| 14 | Research Trust Fund. This additional fee of $5
shall not be | ||||||
| 15 | considered a part of the fine for purposes of any reduction in | ||||||
| 16 | the
fine for time served either before or after sentencing. Not | ||||||
| 17 | later than March 1
of each year the Circuit Clerk shall submit | ||||||
| 18 | a report of the amount of funds
remitted to the State Treasurer | ||||||
| 19 | under this subsection during the preceding
calendar year.
| ||||||
| 20 | (d) The following amounts must be remitted to the State | ||||||
| 21 | Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||||||
| 22 | (1) 50% of the amounts collected for felony offenses | ||||||
| 23 | under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||||||
| 24 | 5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||||||
| 25 | Animals Act and Section 26-5 or 48-1 of the Criminal Code | ||||||
| 26 | of
1961 or the Criminal Code of 2012;
| ||||||
| |||||||
| |||||||
| 1 | (2) 20% of the amounts collected for Class A and Class | ||||||
| 2 | B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||||||
| 3 | 5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||||||
| 4 | for Animals Act and Section 26-5 or 48-1 of the Criminal
| ||||||
| 5 | Code of 1961 or the Criminal Code of 2012; and
| ||||||
| 6 | (3) 50% of the amounts collected for Class C | ||||||
| 7 | misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||||||
| 8 | for Animals Act and Section 26-5 or 48-1 of the
Criminal | ||||||
| 9 | Code of 1961 or the Criminal Code of 2012.
| ||||||
| 10 | (e) Any person who receives a disposition of court | ||||||
| 11 | supervision for a violation of the Illinois Vehicle Code or a | ||||||
| 12 | similar provision of a local ordinance shall, in addition to | ||||||
| 13 | any other fines, fees, and court costs, pay an additional fee | ||||||
| 14 | of $29, to be disbursed as provided in Section 16-104c of the | ||||||
| 15 | Illinois Vehicle Code. In addition to the fee of $29, the | ||||||
| 16 | person shall also pay a fee of $6, if not waived by the court. | ||||||
| 17 | If this $6 fee is collected, $5.50 of the fee shall be | ||||||
| 18 | deposited into the Circuit Court Clerk Operation and | ||||||
| 19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 20 | and 50 cents of the fee shall be deposited into the Prisoner | ||||||
| 21 | Review Board Vehicle and Equipment Fund in the State treasury.
| ||||||
| 22 | (f) This Section does not apply to the additional child | ||||||
| 23 | pornography fines assessed and collected under Section | ||||||
| 24 | 5-9-1.14 of the Unified Code of Corrections.
| ||||||
| 25 | (g) Any person convicted of or pleading guilty to a serious | ||||||
| 26 | traffic violation, as defined in Section 1-187.001 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code, shall pay an additional fee of $35, to | ||||||
| 2 | be disbursed as provided in Section 16-104d of that Code. This | ||||||
| 3 | subsection (g) becomes inoperative on January 1, 2020. | ||||||
| 4 | (h) In all counties having a population of 3,000,000 or | ||||||
| 5 | more inhabitants, | ||||||
| 6 | (1) A person who is found guilty of or pleads guilty to | ||||||
| 7 | violating subsection (a) of Section 11-501 of the Illinois | ||||||
| 8 | Vehicle Code, including any person placed on court | ||||||
| 9 | supervision for violating subsection (a), shall be fined | ||||||
| 10 | $750 as provided for by subsection (f) of Section 11-501.01 | ||||||
| 11 | of the Illinois Vehicle Code, payable to the circuit clerk, | ||||||
| 12 | who shall distribute the money pursuant to subsection (f) | ||||||
| 13 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
| 14 | (2) When a crime laboratory DUI analysis fee of $150, | ||||||
| 15 | provided for by Section 5-9-1.9 of the Unified Code of | ||||||
| 16 | Corrections is assessed, it shall be disbursed by the | ||||||
| 17 | circuit clerk as provided by subsection (f) of Section | ||||||
| 18 | 5-9-1.9 of the Unified Code of Corrections. | ||||||
| 19 | (3) When a fine for a violation of Section 11-605.1 of | ||||||
| 20 | the Illinois Vehicle Code is $250 or greater, the person | ||||||
| 21 | who violated that Section shall be charged an additional | ||||||
| 22 | $125 as provided for by subsection (e) of Section 11-605.1 | ||||||
| 23 | of the Illinois Vehicle Code, which shall be disbursed by | ||||||
| 24 | the circuit clerk to a State or county Transportation | ||||||
| 25 | Safety Highway Hire-back Fund as provided by subsection (e) | ||||||
| 26 | of Section 11-605.1 of the Illinois Vehicle Code. | ||||||
| |||||||
| |||||||
| 1 | (4) When a fine for a violation of subsection (a) of | ||||||
| 2 | Section 11-605 of the Illinois Vehicle Code is $150 or | ||||||
| 3 | greater, the additional $50 which is charged as provided | ||||||
| 4 | for by subsection (f) of Section 11-605 of the Illinois | ||||||
| 5 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
| 6 | school district or districts for school safety purposes as | ||||||
| 7 | provided by subsection (f) of Section 11-605. | ||||||
| 8 | (5) When a fine for a violation of subsection (a) of | ||||||
| 9 | Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||||||
| 10 | greater, the additional $50 which is charged as provided | ||||||
| 11 | for by subsection (c) of Section 11-1002.5 of the Illinois | ||||||
| 12 | Vehicle Code shall be disbursed by the circuit clerk to a | ||||||
| 13 | school district or districts for school safety purposes as | ||||||
| 14 | provided by subsection (c) of Section 11-1002.5 of the | ||||||
| 15 | Illinois Vehicle Code. | ||||||
| 16 | (6) When a mandatory drug court fee of up to $5 is | ||||||
| 17 | assessed as provided in subsection (f) of Section 5-1101 of | ||||||
| 18 | the Counties Code, it shall be disbursed by the circuit | ||||||
| 19 | clerk as provided in subsection (f) of Section 5-1101 of | ||||||
| 20 | the Counties Code. | ||||||
| 21 | (7) When a mandatory teen court, peer jury, youth | ||||||
| 22 | court, or other youth diversion program fee is assessed as | ||||||
| 23 | provided in subsection (e) of Section 5-1101 of the | ||||||
| 24 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
| 25 | as provided in subsection (e) of Section 5-1101 of the | ||||||
| 26 | Counties Code. | ||||||
| |||||||
| |||||||
| 1 | (8) When a Children's Advocacy Center fee is assessed | ||||||
| 2 | pursuant to subsection (f-5) of Section 5-1101 of the | ||||||
| 3 | Counties Code, it shall be disbursed by the circuit clerk | ||||||
| 4 | as provided in subsection (f-5) of Section 5-1101 of the | ||||||
| 5 | Counties Code. | ||||||
| 6 | (9) When a victim impact panel fee is assessed pursuant | ||||||
| 7 | to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||||||
| 8 | it shall be disbursed by the circuit clerk to the victim | ||||||
| 9 | impact panel to be attended by the defendant. | ||||||
| 10 | (10) When a new fee collected in traffic cases is | ||||||
| 11 | enacted after the effective date of this subsection (h), it | ||||||
| 12 | shall be excluded from the percentage disbursement | ||||||
| 13 | provisions of this Section unless otherwise indicated by | ||||||
| 14 | law. | ||||||
| 15 | (i)
Of the amounts collected as fines under subsection (b) | ||||||
| 16 | of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||||||
| 17 | deposited into the Illinois Military Family Relief Fund and 1% | ||||||
| 18 | shall be deposited into the Circuit Court Clerk Operation and | ||||||
| 19 | Administrative Fund created by the Clerk of the Circuit Court | ||||||
| 20 | to be used to offset the costs incurred by the Circuit Court | ||||||
| 21 | Clerk in performing the additional duties required to collect | ||||||
| 22 | and disburse funds to entities of State and local government as | ||||||
| 23 | provided by law.
| ||||||
| 24 | (j) (Blank). | ||||||
| 25 | (k) For any conviction or disposition of court supervision | ||||||
| 26 | for a violation of Section 11-1429 of the Illinois Vehicle | ||||||
| |||||||
| |||||||
| 1 | Code, the circuit clerk shall distribute the fines paid by the | ||||||
| 2 | person as specified by subsection (h) of Section 11-1429 of the | ||||||
| 3 | Illinois Vehicle Code. | ||||||
| 4 | (l) Any person who receives a disposition of court | ||||||
| 5 | supervision for a violation of Section 11-501 of the Illinois | ||||||
| 6 | Vehicle Code or a similar provision of a local ordinance shall, | ||||||
| 7 | in addition to any other fines, fees, and court costs, pay an | ||||||
| 8 | additional fee of $50, which shall
be collected by the circuit | ||||||
| 9 | clerk and then remitted to the State Treasurer for deposit into | ||||||
| 10 | the Roadside Memorial Fund, a special fund in the State | ||||||
| 11 | treasury. However, the court may waive the fee if full | ||||||
| 12 | restitution is complied with. Subject to appropriation, all | ||||||
| 13 | moneys in the Roadside Memorial Fund shall be used by the | ||||||
| 14 | Department of Transportation to pay fees imposed under | ||||||
| 15 | subsection (f) of Section 20 of the Roadside Memorial Act. The | ||||||
| 16 | fee shall be remitted by the circuit clerk within one month | ||||||
| 17 | after receipt to the State Treasurer for deposit into the | ||||||
| 18 | Roadside Memorial Fund. | ||||||
| 19 | (m) Of the amounts collected as fines under subsection (c) | ||||||
| 20 | of Section 411.4 of the Illinois Controlled Substances Act or | ||||||
| 21 | subsection (c) of Section 90 of the Methamphetamine Control and | ||||||
| 22 | Community Protection Act, 99% shall be deposited to the law | ||||||
| 23 | enforcement agency or fund specified and 1% shall be deposited | ||||||
| 24 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
| 25 | to be used to offset the costs incurred by the Circuit Court | ||||||
| 26 | Clerk in performing the additional duties required to collect | ||||||
| |||||||
| |||||||
| 1 | and disburse funds to entities of State and local government as | ||||||
| 2 | provided by law. | ||||||
| 3 | (n) In addition to any other fines and court costs assessed | ||||||
| 4 | by the courts, any person who is convicted of or pleads guilty | ||||||
| 5 | to a violation of the Criminal Code of 1961 or the Criminal | ||||||
| 6 | Code of 2012, or a similar provision of a local ordinance, or | ||||||
| 7 | who is convicted of, pleads guilty to, or receives a | ||||||
| 8 | disposition of court supervision for a violation of the | ||||||
| 9 | Illinois Vehicle Code, or a similar provision of a local | ||||||
| 10 | ordinance, shall pay an additional fee of $15 to the clerk of | ||||||
| 11 | the circuit court. This additional fee of $15 shall not be | ||||||
| 12 | considered a part of the fine for purposes of any reduction in | ||||||
| 13 | the fine for time served either before or after sentencing. | ||||||
| 14 | This amount, less 2.5% that shall be used to defray | ||||||
| 15 | administrative costs incurred by the clerk, shall be remitted | ||||||
| 16 | by the clerk to the State Treasurer within 60 days after | ||||||
| 17 | receipt for deposit into the State Police Merit Board Public | ||||||
| 18 | Safety Fund. | ||||||
| 19 | (o) The amounts collected as fines under Sections 10-9, | ||||||
| 20 | 11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall | ||||||
| 21 | be collected by the circuit clerk and distributed as provided | ||||||
| 22 | under Section 5-9-1.21 of the Unified Code of Corrections in | ||||||
| 23 | lieu of any disbursement under subsection (a) of this Section. | ||||||
| 24 | (Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13; | ||||||
| 25 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff. | ||||||
| 26 | 6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)
| ||||||
| |||||||
| |||||||
| 1 | Section 480. The Juvenile Court Act of 1987 is amended by | ||||||
| 2 | changing Sections 3-40, 5-105, and 5-301 as follows:
| ||||||
| 3 | (705 ILCS 405/3-40) | ||||||
| 4 | Sec. 3-40. Minors involved in electronic dissemination of | ||||||
| 5 | indecent visual depictions in need of supervision. | ||||||
| 6 | (a) For the purposes of this Section: | ||||||
| 7 | "Computer" has the meaning ascribed to it in Section 17-0.5 | ||||||
| 8 | of the Criminal Code of 2012. | ||||||
| 9 | "Electronic communication device" means an electronic | ||||||
| 10 | device, including but not limited to a wireless telephone, | ||||||
| 11 | personal digital assistant, or a portable or mobile computer, | ||||||
| 12 | that is capable of transmitting images or pictures. | ||||||
| 13 | "Indecent visual depiction" means a depiction or portrayal | ||||||
| 14 | in any pose, posture, or setting involving a lewd exhibition of | ||||||
| 15 | the unclothed or transparently clothed genitals, pubic area, | ||||||
| 16 | buttocks, or, if such person is female, a fully or partially | ||||||
| 17 | developed breast of the person. | ||||||
| 18 | "Minor" means a person under 18 years of age. | ||||||
| 19 | (b) A minor shall not distribute or disseminate an indecent | ||||||
| 20 | visual depiction of another minor through the use of a computer | ||||||
| 21 | or electronic communication device. | ||||||
| 22 | (c) Adjudication. A minor who violates subsection (b) of | ||||||
| 23 | this Section may be subject to a petition for adjudication and | ||||||
| 24 | adjudged a minor in need of supervision. | ||||||
| |||||||
| |||||||
| 1 | (d) Kinds of dispositional orders. A minor found to be in | ||||||
| 2 | need of supervision under this Section may be: | ||||||
| 3 | (1) ordered to obtain counseling or other supportive | ||||||
| 4 | services to address the acts that led to the need for | ||||||
| 5 | supervision; or | ||||||
| 6 | (2) ordered to perform community service. | ||||||
| 7 | (e) Nothing in this Section shall be construed to prohibit | ||||||
| 8 | a prosecution for disorderly conduct, public indecency, child | ||||||
| 9 | pornography, a violation of Article 26.5 (Harassing and Obscene | ||||||
| 10 | Communications) of the Criminal Code of 2012, or any other | ||||||
| 11 | applicable provision of law.
| ||||||
| 12 | (Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13; | ||||||
| 13 | 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||||||
| 14 | (705 ILCS 405/5-105)
| ||||||
| 15 | Sec. 5-105. Definitions. As used in this Article:
| ||||||
| 16 | (1) "Aftercare release" means the conditional and | ||||||
| 17 | revocable release of an adjudicated delinquent juvenile | ||||||
| 18 | committed to the Department of Juvenile Justice under the | ||||||
| 19 | supervision of the Department of Juvenile Justice. | ||||||
| 20 | (1.5) "Court" means the circuit court in a session or | ||||||
| 21 | division
assigned to hear proceedings under this Act, and | ||||||
| 22 | includes the term Juvenile
Court.
| ||||||
| 23 | (2) "Community service" means uncompensated labor for | ||||||
| 24 | a community service
agency as hereinafter defined.
| ||||||
| 25 | (2.5) "Community service agency" means a | ||||||
| |||||||
| |||||||
| 1 | not-for-profit organization,
community
organization, | ||||||
| 2 | church, charitable organization, individual, public | ||||||
| 3 | office,
or other public body whose purpose is to enhance
| ||||||
| 4 | the physical or mental health of a delinquent minor or to | ||||||
| 5 | rehabilitate the
minor, or to improve the environmental | ||||||
| 6 | quality or social welfare of the
community which agrees to | ||||||
| 7 | accept community service from juvenile delinquents
and to | ||||||
| 8 | report on the progress of the community service to the | ||||||
| 9 | State's
Attorney pursuant to an agreement or to the court | ||||||
| 10 | or to any agency designated
by the court or to the | ||||||
| 11 | authorized diversion program that has referred the
| ||||||
| 12 | delinquent minor for community service.
| ||||||
| 13 | (3) "Delinquent minor" means any minor who prior to his | ||||||
| 14 | or her 18th birthday has violated or attempted to violate, | ||||||
| 15 | regardless of where the act occurred, any federal, State, | ||||||
| 16 | county or municipal law or ordinance.
| ||||||
| 17 | (4) "Department" means the Department of Human | ||||||
| 18 | Services unless specifically
referenced as another | ||||||
| 19 | department.
| ||||||
| 20 | (5) "Detention" means the temporary care of a minor who | ||||||
| 21 | is alleged to be or
has been adjudicated
delinquent and who | ||||||
| 22 | requires secure custody for the minor's own
protection or | ||||||
| 23 | the community's protection in a facility designed to | ||||||
| 24 | physically
restrict the minor's movements, pending | ||||||
| 25 | disposition by the court or
execution of an order of the | ||||||
| 26 | court for placement or commitment. Design
features that | ||||||
| |||||||
| |||||||
| 1 | physically restrict movement include, but are not limited | ||||||
| 2 | to,
locked rooms and the secure handcuffing of a minor to a | ||||||
| 3 | rail or other
stationary object. In addition, "detention" | ||||||
| 4 | includes the court ordered
care of an alleged or | ||||||
| 5 | adjudicated delinquent minor who requires secure
custody | ||||||
| 6 | pursuant to Section 5-125 of this Act.
| ||||||
| 7 | (6) "Diversion" means the referral of a juvenile, | ||||||
| 8 | without court
intervention,
into a program that provides | ||||||
| 9 | services designed to educate the juvenile and
develop a | ||||||
| 10 | productive and responsible approach to living in the | ||||||
| 11 | community.
| ||||||
| 12 | (7) "Juvenile detention home" means a public facility | ||||||
| 13 | with specially trained
staff that conforms to the county | ||||||
| 14 | juvenile detention standards adopted by
the Department of | ||||||
| 15 | Juvenile Justice.
| ||||||
| 16 | (8) "Juvenile justice continuum" means a set of | ||||||
| 17 | delinquency prevention
programs and services designed for | ||||||
| 18 | the purpose of preventing or reducing
delinquent acts, | ||||||
| 19 | including criminal activity by youth gangs, as well as
| ||||||
| 20 | intervention, rehabilitation, and prevention services | ||||||
| 21 | targeted at minors who
have committed delinquent acts,
and | ||||||
| 22 | minors who have previously been committed to residential | ||||||
| 23 | treatment programs
for delinquents. The term includes | ||||||
| 24 | children-in-need-of-services and
| ||||||
| 25 | families-in-need-of-services programs; aftercare and | ||||||
| 26 | reentry services;
substance abuse and mental health | ||||||
| |||||||
| |||||||
| 1 | programs;
community service programs; community service
| ||||||
| 2 | work programs; and alternative-dispute resolution programs | ||||||
| 3 | serving
youth-at-risk of delinquency and their families, | ||||||
| 4 | whether offered or delivered
by State or
local governmental | ||||||
| 5 | entities, public or private for-profit or not-for-profit
| ||||||
| 6 | organizations, or religious or charitable organizations. | ||||||
| 7 | This term would also
encompass any program or service | ||||||
| 8 | consistent with the purpose of those programs
and services | ||||||
| 9 | enumerated in this subsection.
| ||||||
| 10 | (9) "Juvenile police officer" means a sworn police | ||||||
| 11 | officer who has completed
a Basic Recruit Training Course, | ||||||
| 12 | has been assigned to the position of juvenile
police | ||||||
| 13 | officer by his or her chief law enforcement officer and has | ||||||
| 14 | completed
the necessary juvenile officers training as | ||||||
| 15 | prescribed by the Illinois Law
Enforcement Training | ||||||
| 16 | Standards Board, or in the case of a State police officer,
| ||||||
| 17 | juvenile officer training approved by the Director of State
| ||||||
| 18 | Police.
| ||||||
| 19 | (10) "Minor" means a person under the age of 21 years | ||||||
| 20 | subject to this Act.
| ||||||
| 21 | (11) "Non-secure custody" means confinement where the | ||||||
| 22 | minor is not
physically
restricted by being placed in a | ||||||
| 23 | locked cell or room, by being handcuffed to a
rail or other | ||||||
| 24 | stationary object, or by other means. Non-secure custody | ||||||
| 25 | may
include, but is not limited to, electronic monitoring, | ||||||
| 26 | foster home placement,
home confinement, group home | ||||||
| |||||||
| |||||||
| 1 | placement, or physical restriction of movement or
activity | ||||||
| 2 | solely through facility staff.
| ||||||
| 3 | (12) "Public or community service" means uncompensated | ||||||
| 4 | labor for a
not-for-profit organization
or public body | ||||||
| 5 | whose purpose is to enhance physical or mental stability of | ||||||
| 6 | the
offender, environmental quality or the social welfare | ||||||
| 7 | and which agrees to
accept public or community service from | ||||||
| 8 | offenders and to report on the progress
of the offender and | ||||||
| 9 | the public or community service to the court or to the
| ||||||
| 10 | authorized diversion program that has referred the | ||||||
| 11 | offender for public or
community
service. "Public or | ||||||
| 12 | community service" does not include blood donation or | ||||||
| 13 | assignment to labor at a blood bank. For the purposes of | ||||||
| 14 | this Act, "blood bank" has the meaning ascribed to the term | ||||||
| 15 | in Section 2-124 of the Illinois Clinical Laboratory and | ||||||
| 16 | Blood Bank Act.
| ||||||
| 17 | (13) "Sentencing hearing" means a hearing to determine | ||||||
| 18 | whether a minor
should
be adjudged a ward of the court, and | ||||||
| 19 | to determine what sentence should be
imposed on the minor. | ||||||
| 20 | It is the intent of the General Assembly that the term
| ||||||
| 21 | "sentencing hearing" replace the term "dispositional | ||||||
| 22 | hearing" and be synonymous
with that definition as it was | ||||||
| 23 | used in the Juvenile Court Act of 1987.
| ||||||
| 24 | (14) "Shelter" means the temporary care of a minor in | ||||||
| 25 | physically
unrestricting facilities pending court | ||||||
| 26 | disposition or execution of court order
for placement.
| ||||||
| |||||||
| |||||||
| 1 | (15) "Site" means a not-for-profit organization, | ||||||
| 2 | public
body, church, charitable organization, or | ||||||
| 3 | individual agreeing to
accept
community service from | ||||||
| 4 | offenders and to report on the progress of ordered or
| ||||||
| 5 | required public or community service to the court or to the | ||||||
| 6 | authorized
diversion program that has referred the | ||||||
| 7 | offender for public or community
service.
| ||||||
| 8 | (16) "Station adjustment" means the informal or formal | ||||||
| 9 | handling of an
alleged
offender by a juvenile police | ||||||
| 10 | officer.
| ||||||
| 11 | (17) "Trial" means a hearing to determine whether the | ||||||
| 12 | allegations of a
petition under Section 5-520 that a minor | ||||||
| 13 | is delinquent are proved beyond a
reasonable doubt. It is | ||||||
| 14 | the intent of the General Assembly that the term
"trial" | ||||||
| 15 | replace the term "adjudicatory hearing" and be synonymous | ||||||
| 16 | with that
definition as it was used in the Juvenile Court | ||||||
| 17 | Act of 1987.
| ||||||
| 18 | The changes made to this Section by Public Act 98-61 apply | ||||||
| 19 | to violations or attempted violations committed on or after | ||||||
| 20 | January 1, 2014 (the effective date of Public Act 98-61). | ||||||
| 21 | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | ||||||
| 22 | eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; revised | ||||||
| 23 | 10-2-14.)
| ||||||
| 24 | (705 ILCS 405/5-301)
| ||||||
| 25 | Sec. 5-301. Station adjustments. A minor arrested for any | ||||||
| |||||||
| |||||||
| 1 | offense or a violation of a condition of previous
station | ||||||
| 2 | adjustment may receive a station adjustment for that arrest as
| ||||||
| 3 | provided herein. In deciding whether to impose a station | ||||||
| 4 | adjustment, either
informal
or formal, a juvenile police | ||||||
| 5 | officer shall consider the following factors:
| ||||||
| 6 | (A) The seriousness of the alleged offense.
| ||||||
| 7 | (B) The prior history of delinquency of the minor.
| ||||||
| 8 | (C) The age of the minor.
| ||||||
| 9 | (D) The culpability of the minor in committing the | ||||||
| 10 | alleged offense.
| ||||||
| 11 | (E) Whether the offense was committed in an aggressive | ||||||
| 12 | or premeditated
manner.
| ||||||
| 13 | (F) Whether the minor used or possessed a deadly weapon | ||||||
| 14 | when committing
the alleged offenses.
| ||||||
| 15 | (1) Informal station adjustment.
| ||||||
| 16 | (a) An informal station adjustment is defined as a | ||||||
| 17 | procedure when a
juvenile police officer determines that | ||||||
| 18 | there is probable
cause to
believe that the minor has | ||||||
| 19 | committed an offense.
| ||||||
| 20 | (b) A minor shall receive no more than 3 informal | ||||||
| 21 | station adjustments
statewide for a misdemeanor offense | ||||||
| 22 | within 3 years without prior approval from
the
State's | ||||||
| 23 | Attorney's Office.
| ||||||
| 24 | (c) A minor shall receive no more than 3 informal | ||||||
| 25 | station adjustments
statewide for a felony offense within 3 | ||||||
| 26 | years without prior approval from the
State's
Attorney's | ||||||
| |||||||
| |||||||
| 1 | Office.
| ||||||
| 2 | (d) A minor shall receive a combined total of no more | ||||||
| 3 | than 5 informal
station adjustments statewide during his or | ||||||
| 4 | her minority.
| ||||||
| 5 | (e) The juvenile police officer may make reasonable | ||||||
| 6 | conditions of an
informal station adjustment which may | ||||||
| 7 | include but are not limited to:
| ||||||
| 8 | (i) Curfew.
| ||||||
| 9 | (ii) Conditions restricting entry into designated | ||||||
| 10 | geographical areas.
| ||||||
| 11 | (iii) No contact with specified persons.
| ||||||
| 12 | (iv) School attendance.
| ||||||
| 13 | (v) Performing up to 25 hours of community service | ||||||
| 14 | work.
| ||||||
| 15 | (vi) Community mediation.
| ||||||
| 16 | (vii) Teen court or a peer court.
| ||||||
| 17 | (viii) Restitution limited to 90 days.
| ||||||
| 18 | (f) If the minor refuses or fails to abide by the | ||||||
| 19 | conditions of an
informal station adjustment, the juvenile | ||||||
| 20 | police officer may impose a formal
station adjustment or | ||||||
| 21 | refer the matter to the State's Attorney's Office.
| ||||||
| 22 | (g) An informal station adjustment does not constitute | ||||||
| 23 | an adjudication
of delinquency or a criminal conviction.
| ||||||
| 24 | Beginning January 1, 2000, a record shall be maintained | ||||||
| 25 | with the
Department of State Police for informal station | ||||||
| 26 | adjustments for offenses that
would be a felony if | ||||||
| |||||||
| |||||||
| 1 | committed by an adult, and may be maintained if the
offense | ||||||
| 2 | would be a misdemeanor.
| ||||||
| 3 | (2) Formal station adjustment.
| ||||||
| 4 | (a) A formal station adjustment is defined as a | ||||||
| 5 | procedure when a juvenile
police officer determines that | ||||||
| 6 | there is probable cause to
believe the minor has committed | ||||||
| 7 | an offense and an admission by the minor of
involvement in | ||||||
| 8 | the offense.
| ||||||
| 9 | (b) The minor and parent, guardian, or legal custodian | ||||||
| 10 | must agree in
writing to the formal station adjustment and | ||||||
| 11 | must be advised of the
consequences of violation of any | ||||||
| 12 | term of the agreement.
| ||||||
| 13 | (c) The minor and parent, guardian or legal custodian | ||||||
| 14 | shall be provided a
copy of the signed agreement of the | ||||||
| 15 | formal station adjustment. The agreement
shall include:
| ||||||
| 16 | (i) The offense which formed the basis of the | ||||||
| 17 | formal station
adjustment.
| ||||||
| 18 | (ii) An acknowledgment that the terms of the formal | ||||||
| 19 | station adjustment
and
the consequences for violation | ||||||
| 20 | have been explained.
| ||||||
| 21 | (iii) An acknowledgment that the formal station | ||||||
| 22 | adjustments record may
be
expunged under Section 5-915 | ||||||
| 23 | of this Act.
| ||||||
| 24 | (iv) An acknowledgement that the minor understands | ||||||
| 25 | that his or her
admission of involvement in the offense | ||||||
| 26 | may be admitted into evidence in future
court hearings.
| ||||||
| |||||||
| |||||||
| 1 | (v) A statement that all parties understand the | ||||||
| 2 | terms and conditions of
formal station adjustment and | ||||||
| 3 | agree to the formal station adjustment process.
| ||||||
| 4 | (d) Conditions of the formal station adjustment may | ||||||
| 5 | include, but are not
be limited to:
| ||||||
| 6 | (i) The time shall not exceed 120 days.
| ||||||
| 7 | (ii) The minor shall not violate any laws.
| ||||||
| 8 | (iii) The juvenile police officer may require the | ||||||
| 9 | minor to comply with
additional conditions for the | ||||||
| 10 | formal station adjustment which may include but
are not | ||||||
| 11 | limited to:
| ||||||
| 12 | (a) Attending school.
| ||||||
| 13 | (b) Abiding by a set curfew.
| ||||||
| 14 | (c) Payment of restitution.
| ||||||
| 15 | (d) Refraining from possessing a firearm or | ||||||
| 16 | other weapon.
| ||||||
| 17 | (e) Reporting to a police officer at | ||||||
| 18 | designated times and places,
including reporting | ||||||
| 19 | and verification that the minor is at home at
| ||||||
| 20 | designated hours.
| ||||||
| 21 | (f) Performing up to 25 hours of community | ||||||
| 22 | service work.
| ||||||
| 23 | (g) Refraining from entering designated | ||||||
| 24 | geographical areas.
| ||||||
| 25 | (h) Participating in community mediation.
| ||||||
| 26 | (i) Participating in teen court or peer court.
| ||||||
| |||||||
| |||||||
| 1 | (j) Refraining from contact with specified | ||||||
| 2 | persons.
| ||||||
| 3 | (e) A
formal station adjustment does not constitute an | ||||||
| 4 | adjudication of
delinquency or a criminal conviction. | ||||||
| 5 | Beginning January 1, 2000,
a record shall be maintained | ||||||
| 6 | with the
Department of State Police for formal station | ||||||
| 7 | adjustments.
| ||||||
| 8 | (f) A minor or the minor's parent, guardian, or legal | ||||||
| 9 | custodian, or both
the minor and the minor's parent, | ||||||
| 10 | guardian, or legal custodian, may refuse
a formal station | ||||||
| 11 | adjustment and have the matter referred
for court action or
| ||||||
| 12 | other appropriate action.
| ||||||
| 13 | (g) A minor or the minor's parent, guardian, or legal | ||||||
| 14 | custodian, or both
the minor and the minor's parent, | ||||||
| 15 | guardian, or legal custodian, may
within 30 days of the | ||||||
| 16 | commencement of the formal station adjustment revoke
their | ||||||
| 17 | consent and
have the matter referred for court action or | ||||||
| 18 | other appropriate action. This
revocation must be in | ||||||
| 19 | writing and personally served upon the police officer or
| ||||||
| 20 | his or her supervisor.
| ||||||
| 21 | (h) The admission of the minor as to involvement in the | ||||||
| 22 | offense shall be
admissible at further court hearings as | ||||||
| 23 | long as the statement would be
admissible under the rules | ||||||
| 24 | of evidence.
| ||||||
| 25 | (i) If the minor violates any term or condition of the | ||||||
| 26 | formal station
adjustment the juvenile police officer | ||||||
| |||||||
| |||||||
| 1 | shall provide written notice of
violation to the
minor and | ||||||
| 2 | the minor's parent, guardian, or legal custodian. After | ||||||
| 3 | consultation
with the
minor and the minor's parent, | ||||||
| 4 | guardian, or legal custodian, the juvenile police
officer
| ||||||
| 5 | may take any of the following steps upon violation:
| ||||||
| 6 | (i) Warn the minor of consequences of continued | ||||||
| 7 | violations and continue
the formal station adjustment.
| ||||||
| 8 | (ii) Extend the period of the formal station | ||||||
| 9 | adjustment up to a total
of 180 days.
| ||||||
| 10 | (iii) Extend the hours of community service work up | ||||||
| 11 | to a total of 40
hours.
| ||||||
| 12 | (iv) Terminate the formal station adjustment | ||||||
| 13 | unsatisfactorily and take
no other action.
| ||||||
| 14 | (v) Terminate the formal station adjustment | ||||||
| 15 | unsatisfactorily and refer
the matter to the juvenile | ||||||
| 16 | court.
| ||||||
| 17 | (j) A minor shall receive no more than 2 formal station
| ||||||
| 18 | adjustments statewide for a felony offense without the | ||||||
| 19 | State's Attorney's
approval within
a 3 year period.
| ||||||
| 20 | (k) A minor shall receive no more than 3 formal station
| ||||||
| 21 | adjustments statewide for a misdemeanor offense without | ||||||
| 22 | the State's Attorney's
approval
within a 3 year period.
| ||||||
| 23 | (l) The total for formal station adjustments statewide | ||||||
| 24 | within the period
of
minority may not exceed 4 without the | ||||||
| 25 | State's Attorney's approval.
| ||||||
| 26 | (m) If the minor is arrested in a jurisdiction where | ||||||
| |||||||
| |||||||
| 1 | the minor does not
reside, the
formal station adjustment | ||||||
| 2 | may be transferred to the jurisdiction where the
minor does | ||||||
| 3 | reside upon written agreement of that jurisdiction to | ||||||
| 4 | monitor the
formal station adjustment.
| ||||||
| 5 | (3) Beginning January 1, 2000, the
juvenile police officer | ||||||
| 6 | making a station adjustment shall assure
that information about | ||||||
| 7 | any offense which would constitute a felony if committed
by an | ||||||
| 8 | adult and may assure that information about a misdemeanor is | ||||||
| 9 | transmitted
to the Department of State Police.
| ||||||
| 10 | (4) The total number of station adjustments, both formal | ||||||
| 11 | and informal, shall
not exceed 9 without the State's Attorney's | ||||||
| 12 | approval for any minor arrested
anywhere in the State.
| ||||||
| 13 | (Source: P.A. 90-590, eff. 1-1-99; revised 12-10-14.)
| ||||||
| 14 | Section 485. The Criminal Code of 2012 is amended by | ||||||
| 15 | changing Sections 12-2, 33E-14, 36-1, and 36-2 as follows:
| ||||||
| 16 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
| 17 | Sec. 12-2. Aggravated assault.
| ||||||
| 18 | (a) Offense based on location of conduct. A person commits | ||||||
| 19 | aggravated assault when he or she commits an assault against an | ||||||
| 20 | individual who is on or about a public way, public property, a | ||||||
| 21 | public place of accommodation or amusement, or a sports venue. | ||||||
| 22 | (b) Offense based on status of victim. A person commits | ||||||
| 23 | aggravated assault when, in committing an assault, he or she | ||||||
| 24 | knows the individual assaulted to be any of the following: | ||||||
| |||||||
| |||||||
| 1 | (1) A physically handicapped person or a person 60 | ||||||
| 2 | years of age or older and the assault is without legal | ||||||
| 3 | justification. | ||||||
| 4 | (2) A teacher or school employee upon school grounds or | ||||||
| 5 | grounds adjacent to a school or in any part of a building | ||||||
| 6 | used for school purposes. | ||||||
| 7 | (3) A park district employee upon park grounds or | ||||||
| 8 | grounds adjacent to a park or in any part of a building | ||||||
| 9 | used for park purposes. | ||||||
| 10 | (4) A peace officer, community policing volunteer, | ||||||
| 11 | fireman, private security officer, emergency management | ||||||
| 12 | worker, emergency medical technician, or utility worker: | ||||||
| 13 | (i) performing his or her official duties; | ||||||
| 14 | (ii) assaulted to prevent performance of his or her | ||||||
| 15 | official duties; or | ||||||
| 16 | (iii) assaulted in retaliation for performing his | ||||||
| 17 | or her official duties. | ||||||
| 18 | (5) A correctional officer or probation officer: | ||||||
| 19 | (i) performing his or her official duties; | ||||||
| 20 | (ii) assaulted to prevent performance of his or her | ||||||
| 21 | official duties; or | ||||||
| 22 | (iii) assaulted in retaliation for performing his | ||||||
| 23 | or her official duties. | ||||||
| 24 | (6) A correctional institution employee, a county | ||||||
| 25 | juvenile detention center employee who provides direct and | ||||||
| 26 | continuous supervision of residents of a juvenile | ||||||
| |||||||
| |||||||
| 1 | detention center, including a county juvenile detention | ||||||
| 2 | center employee who supervises recreational activity for | ||||||
| 3 | residents of a juvenile detention center, or a Department | ||||||
| 4 | of Human Services employee, Department of Human Services | ||||||
| 5 | officer, or employee of a subcontractor of the Department | ||||||
| 6 | of Human Services supervising or controlling sexually | ||||||
| 7 | dangerous persons or sexually violent persons: | ||||||
| 8 | (i) performing his or her official duties; | ||||||
| 9 | (ii) assaulted to prevent performance of his or her | ||||||
| 10 | official duties; or | ||||||
| 11 | (iii) assaulted in retaliation for performing his | ||||||
| 12 | or her official duties. | ||||||
| 13 | (7) An employee of the State of Illinois, a municipal | ||||||
| 14 | corporation therein, or a political subdivision thereof, | ||||||
| 15 | performing his or her official duties. | ||||||
| 16 | (8) A transit employee performing his or her official | ||||||
| 17 | duties, or a transit passenger. | ||||||
| 18 | (9) A sports official or coach actively participating | ||||||
| 19 | in any level of athletic competition within a sports venue, | ||||||
| 20 | on an indoor playing field or outdoor playing field, or | ||||||
| 21 | within the immediate vicinity of such a facility or field. | ||||||
| 22 | (10) A person authorized to serve process under Section | ||||||
| 23 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 24 | server appointed by the circuit court, while that | ||||||
| 25 | individual is in the performance of his or her duties as a | ||||||
| 26 | process server. | ||||||
| |||||||
| |||||||
| 1 | (c) Offense based on use of firearm, device, or motor | ||||||
| 2 | vehicle. A person commits aggravated assault when, in | ||||||
| 3 | committing an assault, he or she does any of the following: | ||||||
| 4 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
| 5 | Section 24.8-0.1 of this Act the Air Rifle Act, or any | ||||||
| 6 | device manufactured and designed to be substantially | ||||||
| 7 | similar in appearance to a firearm, other than by | ||||||
| 8 | discharging a firearm. | ||||||
| 9 | (2) Discharges a firearm, other than from a motor | ||||||
| 10 | vehicle. | ||||||
| 11 | (3) Discharges a firearm from a motor vehicle. | ||||||
| 12 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
| 13 | identity. | ||||||
| 14 | (5) Knowingly and without lawful justification shines | ||||||
| 15 | or flashes a laser gun sight or other laser device attached | ||||||
| 16 | to a firearm, or used in concert with a firearm, so that | ||||||
| 17 | the laser beam strikes near or in the immediate vicinity of | ||||||
| 18 | any person. | ||||||
| 19 | (6) Uses a firearm, other than by discharging the | ||||||
| 20 | firearm, against a peace officer, community policing | ||||||
| 21 | volunteer, fireman, private security officer, emergency | ||||||
| 22 | management worker, emergency medical technician, employee | ||||||
| 23 | of a police department, employee of a sheriff's department, | ||||||
| 24 | or traffic control municipal employee: | ||||||
| 25 | (i) performing his or her official duties; | ||||||
| 26 | (ii) assaulted to prevent performance of his or her | ||||||
| |||||||
| |||||||
| 1 | official duties; or | ||||||
| 2 | (iii) assaulted in retaliation for performing his | ||||||
| 3 | or her official duties. | ||||||
| 4 | (7) Without justification operates a motor vehicle in a | ||||||
| 5 | manner which places a person, other than a person listed in | ||||||
| 6 | subdivision (b)(4), in reasonable apprehension of being | ||||||
| 7 | struck by the moving motor vehicle. | ||||||
| 8 | (8) Without justification operates a motor vehicle in a | ||||||
| 9 | manner which places a person listed in subdivision (b)(4), | ||||||
| 10 | in reasonable apprehension of being struck by the moving | ||||||
| 11 | motor vehicle. | ||||||
| 12 | (9) Knowingly video or audio records the offense with | ||||||
| 13 | the intent to disseminate the recording. | ||||||
| 14 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
| 15 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
| 16 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
| 17 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
| 18 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
| 19 | III weapon is used in the commission of the assault. Aggravated | ||||||
| 20 | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | ||||||
| 21 | (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
| 22 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
| 23 | is a Class 3 felony. | ||||||
| 24 | (e) For the purposes of this Section, "Category I weapon", | ||||||
| 25 | "Category II weapon, and "Category III weapon" have the | ||||||
| 26 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; | ||||||
| 2 | 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. | ||||||
| 3 | 1-1-14; revised 12-10-14.)
| ||||||
| 4 | (720 ILCS 5/33E-14)
| ||||||
| 5 | Sec. 33E-14. False statements on vendor applications. | ||||||
| 6 | (a) A person commits false statements on vendor | ||||||
| 7 | applications when he or she knowingly
makes any false statement | ||||||
| 8 | or report, with the intent to influence in any way
the action | ||||||
| 9 | of any unit of local government or school district in | ||||||
| 10 | considering a
vendor
application.
| ||||||
| 11 | (b) Sentence. False statements on vendor applications is a | ||||||
| 12 | Class 3 felony. | ||||||
| 13 | (Source: P.A. 97-1108, eff. 1-1-13; revised 12-10-14.)
| ||||||
| 14 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
| 15 | Sec. 36-1. Seizure. | ||||||
| 16 | (a) Any vessel or watercraft, vehicle, or aircraft may be | ||||||
| 17 | seized and impounded by the law enforcement agency if the | ||||||
| 18 | vessel or watercraft, vehicle, or aircraft is used with the | ||||||
| 19 | knowledge
and consent of the owner in the commission of, or in | ||||||
| 20 | the attempt to commit as
defined in Section 8-4 of this Code, | ||||||
| 21 | an offense prohibited by: | ||||||
| 22 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
| 23 | murder), Section
9-3 (involuntary manslaughter and | ||||||
| 24 | reckless homicide), Section
10-2 (aggravated kidnaping), | ||||||
| |||||||
| |||||||
| 1 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
| 2 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
| 3 | (predatory criminal sexual assault of a child), subsection | ||||||
| 4 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
| 5 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
| 6 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
| 7 | child), Section 11-14.4 (promoting juvenile prostitution | ||||||
| 8 | except for keeping a place of juvenile prostitution), | ||||||
| 9 | Section 11-20.1 (child pornography), paragraph (a)(1), | ||||||
| 10 | (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), | ||||||
| 11 | (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 | ||||||
| 12 | (aggravated battery), Section
12-7.3 (stalking), Section | ||||||
| 13 | 12-7.4 (aggravated stalking), Section
16-1 (theft if the | ||||||
| 14 | theft is of precious metal or of scrap metal), subdivision | ||||||
| 15 | (f)(2) or (f)(3) of Section 16-25 (retail theft), Section | ||||||
| 16 | 18-2 (armed robbery), Section 19-1 (burglary), Section | ||||||
| 17 | 19-2 (possession of burglary tools), Section 19-3 | ||||||
| 18 | (residential burglary), Section 20-1 (arson; residential | ||||||
| 19 | arson; place of worship arson), Section 20-2 (possession of | ||||||
| 20 | explosives or explosive or incendiary devices), | ||||||
| 21 | subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use | ||||||
| 22 | of weapons), Section
24-1.2 (aggravated discharge of a | ||||||
| 23 | firearm), Section
24-1.2-5 (aggravated discharge of a | ||||||
| 24 | machine gun or a firearm equipped with a device designed or | ||||||
| 25 | used for silencing the report of a firearm), Section
24-1.5 | ||||||
| 26 | (reckless discharge of a firearm), Section 28-1 | ||||||
| |||||||
| |||||||
| 1 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
| 2 | substance) of this Code; | ||||||
| 3 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
| 4 | 26 of the Cigarette Tax
Act if the vessel or watercraft, | ||||||
| 5 | vehicle, or aircraft contains more than 10 cartons of
such | ||||||
| 6 | cigarettes; | ||||||
| 7 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
| 8 | the Cigarette Use Tax Act if
the vessel or watercraft, | ||||||
| 9 | vehicle, or aircraft contains more than 10 cartons of such
| ||||||
| 10 | cigarettes; | ||||||
| 11 | (4) an offense prohibited by Section 44 of the | ||||||
| 12 | Environmental Protection Act; | ||||||
| 13 | (5) an offense prohibited by
Section 11-204.1
of the | ||||||
| 14 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
| 15 | elude a peace officer); | ||||||
| 16 | (6) an offense prohibited by Section 11-501 of the | ||||||
| 17 | Illinois Vehicle Code (driving while under the influence of | ||||||
| 18 | alcohol or other drug or drugs, intoxicating compound or | ||||||
| 19 | compounds or any combination thereof) or a similar | ||||||
| 20 | provision of a local ordinance, and: | ||||||
| 21 | (A) during a period in which his
or her driving | ||||||
| 22 | privileges are revoked or suspended if
the revocation | ||||||
| 23 | or suspension was for: | ||||||
| 24 | (i) Section 11-501 (driving under the | ||||||
| 25 | influence of alcohol or other drug or drugs, | ||||||
| 26 | intoxicating compound or compounds or any
| ||||||
| |||||||
| |||||||
| 1 | combination thereof), | ||||||
| 2 | (ii) Section 11-501.1 (statutory summary | ||||||
| 3 | suspension or revocation), | ||||||
| 4 | (iii) paragraph (b) of Section
11-401 (motor | ||||||
| 5 | vehicle accidents involving death or personal | ||||||
| 6 | injuries), or | ||||||
| 7 | (iv) reckless homicide as defined in Section | ||||||
| 8 | 9-3
of this Code; | ||||||
| 9 | (B) has been previously convicted of reckless | ||||||
| 10 | homicide or a similar provision of a law of another | ||||||
| 11 | state relating to reckless homicide in which the person | ||||||
| 12 | was determined to have been under the influence of | ||||||
| 13 | alcohol, other drug or drugs, or intoxicating compound | ||||||
| 14 | or compounds as an element of the offense or the person | ||||||
| 15 | has previously been convicted of committing a | ||||||
| 16 | violation of
driving under the influence of alcohol or | ||||||
| 17 | other drug or drugs, intoxicating compound or | ||||||
| 18 | compounds or any
combination thereof and was involved | ||||||
| 19 | in a motor vehicle accident that resulted in death, | ||||||
| 20 | great bodily harm, or permanent disability or | ||||||
| 21 | disfigurement to another, when the violation was a | ||||||
| 22 | proximate cause of the death or injuries; | ||||||
| 23 | (C) the person committed a violation of driving | ||||||
| 24 | under the influence of alcohol or other drug or drugs, | ||||||
| 25 | intoxicating compound or compounds or any
combination | ||||||
| 26 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
| |||||||
| |||||||
| 1 | Code or a similar provision for the third or subsequent
| ||||||
| 2 | time; | ||||||
| 3 | (D) he
or she did not possess a valid driver's | ||||||
| 4 | license or permit or a valid restricted driving permit | ||||||
| 5 | or a valid judicial driving permit or a valid | ||||||
| 6 | monitoring device driving permit; or | ||||||
| 7 | (E) he or she knew or should have known that the | ||||||
| 8 | vehicle he or she was driving was not covered by a | ||||||
| 9 | liability insurance policy; | ||||||
| 10 | (7) an offense described in subsection (g) of Section | ||||||
| 11 | 6-303 of the
Illinois Vehicle Code; | ||||||
| 12 | (8) an offense described in subsection (e) of
Section | ||||||
| 13 | 6-101 of the Illinois Vehicle Code; or | ||||||
| 14 | (9)(A) (i) (1) operating a watercraft under the | ||||||
| 15 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 16 | compound or compounds, or combination thereof under | ||||||
| 17 | Section 5-16 of the Boat Registration and Safety Act during | ||||||
| 18 | a period in which his or her privileges to operate a | ||||||
| 19 | watercraft are revoked or suspended and the revocation or | ||||||
| 20 | suspension was for operating a watercraft under the | ||||||
| 21 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 22 | compound or compounds, or combination thereof; (B) (2) | ||||||
| 23 | operating a watercraft under the influence of alcohol, | ||||||
| 24 | other drug or drugs, intoxicating compound or compounds, or | ||||||
| 25 | combination thereof and has been previously convicted of | ||||||
| 26 | reckless homicide or a similar provision of a law in | ||||||
| |||||||
| |||||||
| 1 | another state relating to reckless homicide in which the | ||||||
| 2 | person was determined to have been under the influence of | ||||||
| 3 | alcohol, other drug or drugs, intoxicating compound or | ||||||
| 4 | compounds, or combination thereof as an element of the | ||||||
| 5 | offense or the person has previously been convicted of | ||||||
| 6 | committing a violation of operating a watercraft under the | ||||||
| 7 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 8 | compound or compounds, or combination thereof and was | ||||||
| 9 | involved in an accident that resulted in death, great | ||||||
| 10 | bodily harm, or permanent disability or disfigurement to | ||||||
| 11 | another, when the violation was a proximate cause of the | ||||||
| 12 | death or injuries; or (C) (3) the person committed a | ||||||
| 13 | violation of operating a watercraft under the influence of | ||||||
| 14 | alcohol, other drug or drugs, intoxicating compound or | ||||||
| 15 | compounds, or combination thereof under Section 5-16 of the | ||||||
| 16 | Boat Registration and Safety Act or a similar provision for | ||||||
| 17 | the third or subsequent time;. or watercraft or watercraft
| ||||||
| 18 | (b) In addition, any mobile or portable equipment used in | ||||||
| 19 | the commission of an
act which is in violation of Section 7g of | ||||||
| 20 | the Metropolitan Water Reclamation
District Act shall be | ||||||
| 21 | subject to seizure and forfeiture under the same
procedures | ||||||
| 22 | provided in this Article for the seizure and forfeiture of | ||||||
| 23 | vessels or watercraft,
vehicles, and aircraft, and any such | ||||||
| 24 | equipment shall be deemed a vessel or watercraft, vehicle,
or | ||||||
| 25 | aircraft for purposes of this Article.
| ||||||
| 26 | (c) In addition, when a person discharges a firearm at | ||||||
| |||||||
| |||||||
| 1 | another individual from a vehicle with
the knowledge and | ||||||
| 2 | consent of the owner of the vehicle and with the intent to
| ||||||
| 3 | cause death or great bodily harm to that individual and as a | ||||||
| 4 | result causes
death or great bodily harm to that individual, | ||||||
| 5 | the vehicle shall be subject to
seizure and forfeiture under | ||||||
| 6 | the same procedures provided in this Article for
the seizure | ||||||
| 7 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
| 8 | (2), (3), or (4) of subsection (a) of this Section.
| ||||||
| 9 | (d) If the spouse of the owner of a vehicle seized for
an | ||||||
| 10 | offense described in subsection (g) of Section 6-303 of the
| ||||||
| 11 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
| 12 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
| 13 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||||||
| 14 | Code makes a showing
that the seized vehicle is the only source | ||||||
| 15 | of transportation and it is
determined that the financial | ||||||
| 16 | hardship to the family as a result of the seizure
outweighs the | ||||||
| 17 | benefit to the State from the seizure, the vehicle may be
| ||||||
| 18 | forfeited to the spouse or family member and the title to the | ||||||
| 19 | vehicle shall be
transferred to the spouse or family member who | ||||||
| 20 | is properly licensed and who
requires the use of the vehicle | ||||||
| 21 | for employment or family transportation
purposes. A written | ||||||
| 22 | declaration of forfeiture of a vehicle under this
Section shall | ||||||
| 23 | be sufficient cause for the title to be transferred to the | ||||||
| 24 | spouse
or family member. The provisions of this paragraph shall | ||||||
| 25 | apply only to one
forfeiture per vehicle. If the vehicle is the | ||||||
| 26 | subject of a subsequent
forfeiture proceeding by virtue of a | ||||||
| |||||||
| |||||||
| 1 | subsequent conviction of either spouse or
the family member, | ||||||
| 2 | the spouse or family member to whom the vehicle was
forfeited | ||||||
| 3 | under the first forfeiture proceeding may not utilize the
| ||||||
| 4 | provisions of this paragraph in another forfeiture proceeding. | ||||||
| 5 | If the owner of
the vehicle seized owns more than one vehicle,
| ||||||
| 6 | the procedure set out in this paragraph may be used for only | ||||||
| 7 | one vehicle.
| ||||||
| 8 | (e) In addition, property declared contraband under | ||||||
| 9 | Section 40 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 10 | Prevention Act may be seized and forfeited under this
Article.
| ||||||
| 11 | (Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; | ||||||
| 12 | 97-1150, eff. 1-25-13; 98-699, eff. 1-1-15; 98-1020, eff. | ||||||
| 13 | 8-22-14; revised 9-30-14.)
| ||||||
| 14 | (720 ILCS 5/36-2) (from Ch. 38, par. 36-2)
| ||||||
| 15 | Sec. 36-2. Action for forfeiture. | ||||||
| 16 | (a) The State's Attorney in the county in which such | ||||||
| 17 | seizure occurs
if he or she finds that the forfeiture was | ||||||
| 18 | incurred without willful negligence
or without any intention on | ||||||
| 19 | the part of the owner of the vessel or watercraft, vehicle
or | ||||||
| 20 | aircraft or any person whose right, title or interest is of | ||||||
| 21 | record as
described in Section 36-1, to violate the law, or | ||||||
| 22 | finds the existence of
such mitigating circumstances as to | ||||||
| 23 | justify remission of the forfeiture,
may cause the law | ||||||
| 24 | enforcement agency to remit the same upon such terms and | ||||||
| 25 | conditions
as the State's Attorney deems reasonable and just. | ||||||
| |||||||
| |||||||
| 1 | The State's Attorney
shall exercise his or her discretion under | ||||||
| 2 | the foregoing provision of this
Section 36-2(a) prior to or | ||||||
| 3 | promptly after the preliminary review under Section 36-1.5. | ||||||
| 4 | (b) If the State's Attorney does not cause the forfeiture | ||||||
| 5 | to
be remitted he or she shall forthwith bring an action for | ||||||
| 6 | forfeiture in the
Circuit Court within whose jurisdiction the | ||||||
| 7 | seizure and confiscation has
taken place. The State's Attorney | ||||||
| 8 | shall give notice of seizure and the forfeiture proceeding to | ||||||
| 9 | each person according to the following method: upon each person | ||||||
| 10 | whose right, title, or interest is of record in the office of | ||||||
| 11 | the Secretary of State, the Secretary of Transportation, the | ||||||
| 12 | Administrator of the Federal Aviation Agency, or any other | ||||||
| 13 | department of this State, or any other state of the United | ||||||
| 14 | States if the vessel or watercraft, vehicle, or aircraft is | ||||||
| 15 | required to be so registered, as the case may be, by delivering | ||||||
| 16 | the notice and complaint in open court or by certified mail to | ||||||
| 17 | the address as given upon the records of the Secretary of | ||||||
| 18 | State, the Division of Aeronautics of the Department of | ||||||
| 19 | Transportation, the Capital Development Board, or any other | ||||||
| 20 | department of this State or the United States if the vessel or | ||||||
| 21 | watercraft, vehicle, or aircraft is required to be so | ||||||
| 22 | registered. | ||||||
| 23 | (c) The owner of the seized vessel or watercraft, vehicle, | ||||||
| 24 | or aircraft or any person
whose right, title, or interest is of | ||||||
| 25 | record as described in Section
36-1, may within 20 days after | ||||||
| 26 | delivery in open court or the mailing of such notice file a
| ||||||
| |||||||
| |||||||
| 1 | verified answer to the Complaint and may appear at the hearing | ||||||
| 2 | on the
action for forfeiture. | ||||||
| 3 | (d) The State shall show at such hearing by a
preponderance | ||||||
| 4 | of the evidence, that such vessel or watercraft, vehicle, or | ||||||
| 5 | aircraft was
used in the commission of an offense described in | ||||||
| 6 | Section 36-1. | ||||||
| 7 | (e) The
owner of such vessel or watercraft, vehicle, or | ||||||
| 8 | aircraft or any person whose right,
title, or interest is of | ||||||
| 9 | record as described in Section 36-1, may show
by a | ||||||
| 10 | preponderance of the evidence that he did not know, and did not
| ||||||
| 11 | have reason to know, that the vessel or watercraft, vehicle, or | ||||||
| 12 | aircraft was to be used
in the commission of such an offense or | ||||||
| 13 | that any of the exceptions set
forth in Section 36-3 are | ||||||
| 14 | applicable. | ||||||
| 15 | (f) Unless the State shall make such
showing, the Court | ||||||
| 16 | shall order such vessel or watercraft, vehicle, or aircraft | ||||||
| 17 | released
to the owner. Where the State has made such showing, | ||||||
| 18 | the Court may order
the vessel or watercraft, vehicle, or | ||||||
| 19 | aircraft destroyed or may order it forfeited to
any local, | ||||||
| 20 | municipal or county law enforcement agency, or the Department
| ||||||
| 21 | of State Police or the Department of Revenue of
the State of | ||||||
| 22 | Illinois.
| ||||||
| 23 | (g) A copy of the order shall be filed with the law | ||||||
| 24 | enforcement agency, and with each Federal or State office
or | ||||||
| 25 | agency with which such vessel or watercraft, vehicle, or | ||||||
| 26 | aircraft is required to be
registered. Such order, when filed, | ||||||
| |||||||
| |||||||
| 1 | constitutes authority for the
issuance of clear title to such | ||||||
| 2 | vessel or watercraft, vehicle, or aircraft, to the
department | ||||||
| 3 | or agency to whom it is delivered or any purchaser thereof.
The | ||||||
| 4 | law enforcement agency shall comply promptly with instructions | ||||||
| 5 | to remit received
from the State's Attorney or Attorney General | ||||||
| 6 | in accordance with
Sections 36-2(a) or 36-3.
| ||||||
| 7 | (h) The proceeds of any sale at public auction pursuant to | ||||||
| 8 | Section
36-2 of this Act, after payment of all liens and | ||||||
| 9 | deduction of the
reasonable charges and expenses incurred by | ||||||
| 10 | the State's Attorney's Office shall be paid to the law | ||||||
| 11 | enforcement agency having seized the vehicle for forfeiture.
| ||||||
| 12 | (Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14; | ||||||
| 13 | revised 10-1-14.)
| ||||||
| 14 | Section 490. The Cannabis Control Act is amended by | ||||||
| 15 | changing Section 15.2 as follows:
| ||||||
| 16 | (720 ILCS 550/15.2) | ||||||
| 17 | Sec. 15.2. Industrial hemp pilot program. | ||||||
| 18 | (a) Pursuant to Section 7606 of the federal Agricultural | ||||||
| 19 | Act of 2014, an institution of higher education or the | ||||||
| 20 | Department of Agriculture may grow or cultivate industrial hemp | ||||||
| 21 | if: | ||||||
| 22 | (1) the industrial hemp is grown or cultivated for | ||||||
| 23 | purposes of research conducted under an agricultural pilot | ||||||
| 24 | program or other agricultural or academic research; | ||||||
| |||||||
| |||||||
| 1 | (2) the pilot program studies the growth, cultivation, | ||||||
| 2 | or marketing of industrial hemp; and | ||||||
| 3 | (3) any site used for the growing or cultivating of | ||||||
| 4 | industrial hemp is certified by, and registered with, the | ||||||
| 5 | Department of Agriculture. | ||||||
| 6 | (b) Before conducting industrial hemp research, an | ||||||
| 7 | institution of higher education shall notify the Department of | ||||||
| 8 | Agriculture and any local law enforcement agency in writing. | ||||||
| 9 | (c) The institution of higher education shall provide | ||||||
| 10 | quarterly reports and an annual report to the
Department of | ||||||
| 11 | Agriculture on the research and the research program shall be | ||||||
| 12 | subject to random inspection by the Department of Agriculture, | ||||||
| 13 | the Department of State Police, or local law enforcement | ||||||
| 14 | agencies. The institution of higher education shall submit the | ||||||
| 15 | annual report to the Department of Agriculture on or before | ||||||
| 16 | October 1. | ||||||
| 17 | (d) The Department of Agriculture may adopt rules to | ||||||
| 18 | implement this Section. In order to provide for the expeditious | ||||||
| 19 | and timely implementation of this Section, upon notification by | ||||||
| 20 | an institution of higher education that the institution wishes | ||||||
| 21 | to engage in the growth or cultivation of industrial hemp for | ||||||
| 22 | agricultural research purposes, the Department of Agriculture | ||||||
| 23 | may adopt emergency rules under Section 5-45 of the Illinois | ||||||
| 24 | Administrative Procedure Act to implement the provisions of | ||||||
| 25 | this Section. If changes to the rules are required to comply | ||||||
| 26 | with federal rules, the Department of Agriculture may adopt | ||||||
| |||||||
| |||||||
| 1 | peremptory rules as necessary to comply with changes to | ||||||
| 2 | corresponding federal rules. All other rules that the | ||||||
| 3 | Department of Agriculture deems necessary to adopt in | ||||||
| 4 | connection with this Section must proceed through the ordinary | ||||||
| 5 | rule-making process. The adoption of emergency rules | ||||||
| 6 | authorized by this Section shall be deemed to be necessary for | ||||||
| 7 | the public interest, safety, and welfare. | ||||||
| 8 | The Department of Agriculture may determine, by rule, the | ||||||
| 9 | duration of an institution of higher education's pilot program | ||||||
| 10 | or industrial hemp research. If the institution of higher | ||||||
| 11 | education has not completed its program within the timeframe | ||||||
| 12 | established by rule, then the Department of Agriculture may | ||||||
| 13 | grant an extension to the pilot program if unanticipated | ||||||
| 14 | circumstances arose that impacted the program. | ||||||
| 15 | (e) As used in this Section: | ||||||
| 16 | "Industrial hemp" means cannabis sativa L. having no more | ||||||
| 17 | than 0.3% total THC available, upon heating, or maximum delta-9 | ||||||
| 18 | tetrahydrocannabinol content possible. | ||||||
| 19 | "Institution of higher education" means a State | ||||||
| 20 | institution of higher education that offers a 4-year degree in | ||||||
| 21 | agricultural science.
| ||||||
| 22 | (Source: P.A. 98-1072, eff. 1-1-15; revised 12-10-14.)
| ||||||
| 23 | Section 495. The Illinois Controlled Substances Act is | ||||||
| 24 | amended by changing Sections 102 and 312 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
| 2 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
| 3 | context
otherwise requires:
| ||||||
| 4 | (a) "Addict" means any person who habitually uses any drug, | ||||||
| 5 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
| 6 | to endanger the public
morals, health, safety or welfare or who | ||||||
| 7 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
| 8 | substance other than alcohol as to have lost
the power of self | ||||||
| 9 | control with reference to his or her addiction.
| ||||||
| 10 | (b) "Administer" means the direct application of a | ||||||
| 11 | controlled
substance, whether by injection, inhalation, | ||||||
| 12 | ingestion, or any other
means, to the body of a patient, | ||||||
| 13 | research subject, or animal (as
defined by the Humane | ||||||
| 14 | Euthanasia in Animal Shelters Act) by:
| ||||||
| 15 | (1) a practitioner (or, in his or her presence, by his | ||||||
| 16 | or her authorized agent),
| ||||||
| 17 | (2) the patient or research subject pursuant to an | ||||||
| 18 | order, or
| ||||||
| 19 | (3) a euthanasia technician as defined by the Humane | ||||||
| 20 | Euthanasia in
Animal Shelters Act.
| ||||||
| 21 | (c) "Agent" means an authorized person who acts on behalf | ||||||
| 22 | of or at
the direction of a manufacturer, distributor, | ||||||
| 23 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
| 24 | common or contract carrier, public warehouseman or employee of
| ||||||
| 25 | the carrier or warehouseman.
| ||||||
| 26 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| |||||||
| |||||||
| 1 | substance,
chemically and pharmacologically related to | ||||||
| 2 | testosterone (other than
estrogens, progestins, | ||||||
| 3 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
| 4 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
| 5 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
| 6 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
| 7 | (iv) 1-androstenediol (3[beta], | ||||||
| 8 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 9 | (v) 1-androstenediol (3[alpha], | ||||||
| 10 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 11 | (vi) 4-androstenediol | ||||||
| 12 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
| 13 | (vii) 5-androstenediol | ||||||
| 14 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
| 15 | (viii) 1-androstenedione | ||||||
| 16 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
| 17 | (ix) 4-androstenedione | ||||||
| 18 | (androst-4-en-3,17-dione), | ||||||
| 19 | (x) 5-androstenedione | ||||||
| 20 | (androst-5-en-3,17-dione), | ||||||
| 21 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 22 | hydroxyandrost-4-en-3-one), | ||||||
| 23 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
| 24 | 1,4,-diene-3-one), | ||||||
| 25 | (xiii) boldione (androsta-1,4- | ||||||
| 26 | diene-3,17-dione), | ||||||
| |||||||
| |||||||
| 1 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
| 2 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
| 3 | (xv) clostebol (4-chloro-17[beta]- | ||||||
| 4 | hydroxyandrost-4-en-3-one), | ||||||
| 5 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
| 6 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
| 7 | androst-1,4-dien-3-one), | ||||||
| 8 | (xvii) desoxymethyltestosterone | ||||||
| 9 | (17[alpha]-methyl-5[alpha] | ||||||
| 10 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
| 11 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
| 12 | '1-testosterone') (17[beta]-hydroxy- | ||||||
| 13 | 5[alpha]-androst-1-en-3-one), | ||||||
| 14 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
| 15 | androstan-3-one), | ||||||
| 16 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
| 17 | 5[alpha]-androstan-3-one), | ||||||
| 18 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
| 19 | hydroxyestr-4-ene), | ||||||
| 20 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
| 21 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
| 22 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
| 23 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
| 24 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
| 25 | hydroxyandrostano[2,3-c]-furazan), | ||||||
| 26 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
| |||||||
| |||||||
| 1 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
| 2 | androst-4-en-3-one), | ||||||
| 3 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
| 4 | dihydroxy-estr-4-en-3-one), | ||||||
| 5 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
| 6 | hydroxy-5-androstan-3-one), | ||||||
| 7 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
| 8 | [5a]-androstan-3-one), | ||||||
| 9 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
| 10 | hydroxyandrost-1,4-dien-3-one), | ||||||
| 11 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 12 | dihydroxyandrost-5-ene), | ||||||
| 13 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
| 14 | 5[alpha]-androst-1-en-3-one), | ||||||
| 15 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
| 16 | dihydroxy-5a-androstane), | ||||||
| 17 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
| 18 | -5a-androstane), | ||||||
| 19 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 20 | dihydroxyandrost-4-ene), | ||||||
| 21 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
| 22 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 23 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
| 24 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
| 25 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
| 26 | hydroxyestra-4,9-11-trien-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
| 2 | hydroxyandrost-4-en-3-one), | ||||||
| 3 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 4 | hydroxyestr-4-en-3-one), | ||||||
| 5 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
| 6 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
| 7 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
| 8 | 1-testosterone'), | ||||||
| 9 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 10 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
| 11 | dihydroxyestr-4-ene), | ||||||
| 12 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
| 13 | dihydroxyestr-4-ene), | ||||||
| 14 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
| 15 | dihydroxyestr-5-ene), | ||||||
| 16 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
| 17 | dihydroxyestr-5-ene), | ||||||
| 18 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
| 19 | (estra-4,9(10)-diene-3,17-dione), | ||||||
| 20 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
| 21 | en-3,17-dione), | ||||||
| 22 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
| 23 | en-3,17-dione), | ||||||
| 24 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
| 25 | hydroxygon-4-en-3-one), | ||||||
| 26 | (li) norclostebol (4-chloro-17[beta]- | ||||||
| |||||||
| |||||||
| 1 | hydroxyestr-4-en-3-one), | ||||||
| 2 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
| 3 | hydroxyestr-4-en-3-one), | ||||||
| 4 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
| 5 | hydroxyestr-4-en-3-one), | ||||||
| 6 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 7 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
| 8 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
| 9 | dihydroxyandrost-4-en-3-one), | ||||||
| 10 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
| 11 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
| 12 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 13 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
| 14 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
| 15 | (5[alpha]-androst-1-en-3-one), | ||||||
| 16 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
| 17 | secoandrosta-1,4-dien-17-oic | ||||||
| 18 | acid lactone), | ||||||
| 19 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
| 20 | 4-en-3-one), | ||||||
| 21 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
| 22 | diethyl-17[beta]-hydroxygon- | ||||||
| 23 | 4,9,11-trien-3-one), | ||||||
| 24 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
| 25 | 11-trien-3-one).
| ||||||
| 26 | Any person who is otherwise lawfully in possession of an | ||||||
| |||||||
| |||||||
| 1 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
| 2 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
| 3 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
| 4 | expressly intended for and lawfully allowed to be
administered | ||||||
| 5 | through implants to livestock or other nonhuman species, and
| ||||||
| 6 | which is approved by the Secretary of Health and Human Services | ||||||
| 7 | for such
administration, and which the person intends to | ||||||
| 8 | administer or have
administered through such implants, shall | ||||||
| 9 | not be considered to be in
unauthorized possession or to | ||||||
| 10 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
| 11 | possess with intent to deliver such anabolic steroid for
| ||||||
| 12 | purposes of this Act.
| ||||||
| 13 | (d) "Administration" means the Drug Enforcement | ||||||
| 14 | Administration,
United States Department of Justice, or its | ||||||
| 15 | successor agency.
| ||||||
| 16 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 17 | means a Department of Human Services administrative employee | ||||||
| 18 | licensed to either prescribe or dispense controlled substances | ||||||
| 19 | who shall run the clinical aspects of the Department of Human | ||||||
| 20 | Services Prescription Monitoring Program and its Prescription | ||||||
| 21 | Information Library. | ||||||
| 22 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| 23 | components, excluding flavorings, (1) as the result of a | ||||||
| 24 | prescriber's prescription drug order or initiative based on the | ||||||
| 25 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 26 | professional practice or (2) for the purpose of, or incident | ||||||
| |||||||
| |||||||
| 1 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 2 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 3 | or devices in anticipation of receiving prescription drug | ||||||
| 4 | orders based on routine, regularly observed dispensing | ||||||
| 5 | patterns. Commercially available products may be compounded | ||||||
| 6 | for dispensing to individual patients only if both of the | ||||||
| 7 | following conditions are met: (i) the commercial product is not | ||||||
| 8 | reasonably available from normal distribution channels in a | ||||||
| 9 | timely manner to meet the patient's needs and (ii) the | ||||||
| 10 | prescribing practitioner has requested that the drug be | ||||||
| 11 | compounded. | ||||||
| 12 | (e) "Control" means to add a drug or other substance, or | ||||||
| 13 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
| 14 | another Schedule or otherwise.
| ||||||
| 15 | (f) "Controlled Substance" means (i) a drug, substance, or | ||||||
| 16 | immediate
precursor in the Schedules of Article II of this Act | ||||||
| 17 | or (ii) a drug or other substance, or immediate precursor, | ||||||
| 18 | designated as a controlled substance by the Department through | ||||||
| 19 | administrative rule. The term does not include distilled | ||||||
| 20 | spirits, wine, malt beverages, or tobacco, as those terms are
| ||||||
| 21 | defined or used in the Liquor Control Act of 1934 and the | ||||||
| 22 | Tobacco Products Tax
Act of 1995.
| ||||||
| 23 | (f-5) "Controlled substance analog" means a substance: | ||||||
| 24 | (1) the chemical structure of which is substantially | ||||||
| 25 | similar to the chemical structure of a controlled substance | ||||||
| 26 | in Schedule I or II; | ||||||
| |||||||
| |||||||
| 1 | (2) which has a stimulant, depressant, or | ||||||
| 2 | hallucinogenic effect on the central nervous system that is | ||||||
| 3 | substantially similar to or greater than the stimulant, | ||||||
| 4 | depressant, or hallucinogenic effect on the central | ||||||
| 5 | nervous system of a controlled substance in Schedule I or | ||||||
| 6 | II; or | ||||||
| 7 | (3) with respect to a particular person, which such | ||||||
| 8 | person represents or intends to have a stimulant, | ||||||
| 9 | depressant, or hallucinogenic effect on the central | ||||||
| 10 | nervous system that is substantially similar to or greater | ||||||
| 11 | than the stimulant, depressant, or hallucinogenic effect | ||||||
| 12 | on the central nervous system of a controlled substance in | ||||||
| 13 | Schedule I or II. | ||||||
| 14 | (g) "Counterfeit substance" means a controlled substance, | ||||||
| 15 | which, or
the container or labeling of which, without | ||||||
| 16 | authorization bears the
trademark, trade name, or other | ||||||
| 17 | identifying mark, imprint, number or
device, or any likeness | ||||||
| 18 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
| 19 | than the person who in fact manufactured, distributed,
or | ||||||
| 20 | dispensed the substance.
| ||||||
| 21 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| 22 | or
attempted transfer of possession of a controlled substance, | ||||||
| 23 | with or
without consideration, whether or not there is an | ||||||
| 24 | agency relationship.
| ||||||
| 25 | (i) "Department" means the Illinois Department of Human | ||||||
| 26 | Services (as
successor to the Department of Alcoholism and | ||||||
| |||||||
| |||||||
| 1 | Substance Abuse) or its successor agency.
| ||||||
| 2 | (j) (Blank).
| ||||||
| 3 | (k) "Department of Corrections" means the Department of | ||||||
| 4 | Corrections
of the State of Illinois or its successor agency.
| ||||||
| 5 | (l) "Department of Financial and Professional Regulation" | ||||||
| 6 | means the Department
of Financial and Professional Regulation | ||||||
| 7 | of the State of Illinois or its successor agency.
| ||||||
| 8 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| 9 | depression of central nervous system functions, (ii) causes | ||||||
| 10 | impaired consciousness and awareness, and (iii) can be | ||||||
| 11 | habit-forming or lead to a substance abuse problem, including | ||||||
| 12 | but not limited to alcohol, cannabis and its active principles | ||||||
| 13 | and their analogs, benzodiazepines and their analogs, | ||||||
| 14 | barbiturates and their analogs, opioids (natural and | ||||||
| 15 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
| 16 | sedative hypnotics.
| ||||||
| 17 | (n) (Blank).
| ||||||
| 18 | (o) "Director" means the Director of the Illinois State | ||||||
| 19 | Police or his or her designated agents.
| ||||||
| 20 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| 21 | an
ultimate user or research subject by or pursuant to the | ||||||
| 22 | lawful order of
a prescriber, including the prescribing, | ||||||
| 23 | administering, packaging,
labeling, or compounding necessary | ||||||
| 24 | to prepare the substance for that
delivery.
| ||||||
| 25 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
| 26 | (r) "Distribute" means to deliver, other than by | ||||||
| |||||||
| |||||||
| 1 | administering or
dispensing, a controlled substance.
| ||||||
| 2 | (s) "Distributor" means a person who distributes.
| ||||||
| 3 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 4 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
| 5 | Pharmacopoeia of the
United States, or official National | ||||||
| 6 | Formulary, or any supplement to any
of them; (2) substances | ||||||
| 7 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
| 8 | prevention of disease in man or animals; (3) substances
(other | ||||||
| 9 | than food) intended to affect the structure of any function of
| ||||||
| 10 | the body of man or animals and (4) substances intended for use | ||||||
| 11 | as a
component of any article specified in clause (1), (2), or | ||||||
| 12 | (3) of this
subsection. It does not include devices or their | ||||||
| 13 | components, parts, or
accessories.
| ||||||
| 14 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
| 15 | Department of Financial and Professional Regulation for the
| ||||||
| 16 | purpose of animal euthanasia that holds an animal control | ||||||
| 17 | facility license or
animal
shelter license under the Animal | ||||||
| 18 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
| 19 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
| 20 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 21 | euthanasia.
| ||||||
| 22 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
| 23 | substances
(nonnarcotic controlled substances) that are used | ||||||
| 24 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
| 25 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 26 | controlled
substance by a practitioner in the regular course of | ||||||
| |||||||
| |||||||
| 1 | professional
treatment to or for any person who is under his or | ||||||
| 2 | her treatment for a
pathology or condition other than that | ||||||
| 3 | individual's physical or
psychological dependence upon or | ||||||
| 4 | addiction to a controlled substance,
except as provided herein: | ||||||
| 5 | and application of the term to a pharmacist
shall mean the | ||||||
| 6 | dispensing of a controlled substance pursuant to the
| ||||||
| 7 | prescriber's order which in the professional judgment of the | ||||||
| 8 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
| 9 | accepted professional
standards including, but not limited to | ||||||
| 10 | the following, in making the
judgment:
| ||||||
| 11 | (1) lack of consistency of prescriber-patient | ||||||
| 12 | relationship,
| ||||||
| 13 | (2) frequency of prescriptions for same drug by one | ||||||
| 14 | prescriber for
large numbers of patients,
| ||||||
| 15 | (3) quantities beyond those normally prescribed,
| ||||||
| 16 | (4) unusual dosages (recognizing that there may be | ||||||
| 17 | clinical circumstances where more or less than the usual | ||||||
| 18 | dose may be used legitimately),
| ||||||
| 19 | (5) unusual geographic distances between patient, | ||||||
| 20 | pharmacist and
prescriber,
| ||||||
| 21 | (6) consistent prescribing of habit-forming drugs.
| ||||||
| 22 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
| 23 | altered sensory perception leading to hallucinations of any | ||||||
| 24 | type. | ||||||
| 25 | (u-1) "Home infusion services" means services provided by a | ||||||
| 26 | pharmacy in
compounding solutions for direct administration to | ||||||
| |||||||
| |||||||
| 1 | a patient in a private
residence, long-term care facility, or | ||||||
| 2 | hospice setting by means of parenteral,
intravenous, | ||||||
| 3 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
| 4 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
| 5 | State of Illinois, or its successor agency. | ||||||
| 6 | (v) "Immediate precursor" means a substance:
| ||||||
| 7 | (1) which the Department has found to be and by rule | ||||||
| 8 | designated as
being a principal compound used, or produced | ||||||
| 9 | primarily for use, in the
manufacture of a controlled | ||||||
| 10 | substance;
| ||||||
| 11 | (2) which is an immediate chemical intermediary used or | ||||||
| 12 | likely to
be used in the manufacture of such controlled | ||||||
| 13 | substance; and
| ||||||
| 14 | (3) the control of which is necessary to prevent, | ||||||
| 15 | curtail or limit
the manufacture of such controlled | ||||||
| 16 | substance.
| ||||||
| 17 | (w) "Instructional activities" means the acts of teaching, | ||||||
| 18 | educating
or instructing by practitioners using controlled | ||||||
| 19 | substances within
educational facilities approved by the State | ||||||
| 20 | Board of Education or
its successor agency.
| ||||||
| 21 | (x) "Local authorities" means a duly organized State, | ||||||
| 22 | County or
Municipal peace unit or police force.
| ||||||
| 23 | (y) "Look-alike substance" means a substance, other than a | ||||||
| 24 | controlled
substance which (1) by overall dosage unit | ||||||
| 25 | appearance, including shape,
color, size, markings or lack | ||||||
| 26 | thereof, taste, consistency, or any other
identifying physical | ||||||
| |||||||
| |||||||
| 1 | characteristic of the substance, would lead a reasonable
person | ||||||
| 2 | to believe that the substance is a controlled substance, or (2) | ||||||
| 3 | is
expressly or impliedly represented to be a controlled | ||||||
| 4 | substance or is
distributed under circumstances which would | ||||||
| 5 | lead a reasonable person to
believe that the substance is a | ||||||
| 6 | controlled substance. For the purpose of
determining whether | ||||||
| 7 | the representations made or the circumstances of the
| ||||||
| 8 | distribution would lead a reasonable person to believe the | ||||||
| 9 | substance to be
a controlled substance under this clause (2) of | ||||||
| 10 | subsection (y), the court or
other authority may consider the | ||||||
| 11 | following factors in addition to any other
factor that may be | ||||||
| 12 | relevant:
| ||||||
| 13 | (a) statements made by the owner or person in control | ||||||
| 14 | of the substance
concerning its nature, use or effect;
| ||||||
| 15 | (b) statements made to the buyer or recipient that the | ||||||
| 16 | substance may
be resold for profit;
| ||||||
| 17 | (c) whether the substance is packaged in a manner | ||||||
| 18 | normally used for the
illegal distribution of controlled | ||||||
| 19 | substances;
| ||||||
| 20 | (d) whether the distribution or attempted distribution | ||||||
| 21 | included an
exchange of or demand for money or other | ||||||
| 22 | property as consideration, and
whether the amount of the | ||||||
| 23 | consideration was substantially greater than the
| ||||||
| 24 | reasonable retail market value of the substance.
| ||||||
| 25 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 26 | noncontrolled
substance in its finished dosage form that was | ||||||
| |||||||
| |||||||
| 1 | initially introduced into
commerce prior to the initial | ||||||
| 2 | introduction into commerce of a controlled
substance in its | ||||||
| 3 | finished dosage form which it may substantially resemble.
| ||||||
| 4 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 5 | distributing
of noncontrolled substances by persons authorized | ||||||
| 6 | to dispense and
distribute controlled substances under this | ||||||
| 7 | Act, provided that such action
would be deemed to be carried | ||||||
| 8 | out in good faith under subsection (u) if the
substances | ||||||
| 9 | involved were controlled substances.
| ||||||
| 10 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
| 11 | manufacture,
preparation, propagation, compounding, | ||||||
| 12 | processing, packaging, advertising
or distribution of a drug or | ||||||
| 13 | drugs by any person registered pursuant to
Section 510 of the | ||||||
| 14 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
| 15 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 16 | located in a state
of the United States that delivers, | ||||||
| 17 | dispenses or
distributes, through the United States Postal | ||||||
| 18 | Service or other common
carrier, to Illinois residents, any | ||||||
| 19 | substance which requires a prescription.
| ||||||
| 20 | (z) "Manufacture" means the production, preparation, | ||||||
| 21 | propagation,
compounding, conversion or processing of a | ||||||
| 22 | controlled substance other than methamphetamine, either
| ||||||
| 23 | directly or indirectly, by extraction from substances of | ||||||
| 24 | natural origin,
or independently by means of chemical | ||||||
| 25 | synthesis, or by a combination of
extraction and chemical | ||||||
| 26 | synthesis, and includes any packaging or
repackaging of the | ||||||
| |||||||
| |||||||
| 1 | substance or labeling of its container, except that
this term | ||||||
| 2 | does not include:
| ||||||
| 3 | (1) by an ultimate user, the preparation or compounding | ||||||
| 4 | of a
controlled substance for his or her own use; or
| ||||||
| 5 | (2) by a practitioner, or his or her authorized agent | ||||||
| 6 | under his or her
supervision, the preparation, | ||||||
| 7 | compounding, packaging, or labeling of a
controlled | ||||||
| 8 | substance:
| ||||||
| 9 | (a) as an incident to his or her administering or | ||||||
| 10 | dispensing of a
controlled substance in the course of | ||||||
| 11 | his or her professional practice; or
| ||||||
| 12 | (b) as an incident to lawful research, teaching or | ||||||
| 13 | chemical
analysis and not for sale.
| ||||||
| 14 | (z-1) (Blank).
| ||||||
| 15 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
| 16 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 17 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 18 | assistant who has been delegated authority to prescribe through | ||||||
| 19 | a written delegation of authority by a physician licensed to | ||||||
| 20 | practice medicine in all of its branches, in accordance with | ||||||
| 21 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 22 | (ii) an advanced practice nurse who has been delegated | ||||||
| 23 | authority to prescribe through a written delegation of | ||||||
| 24 | authority by a physician licensed to practice medicine in all | ||||||
| 25 | of its branches or by a podiatric physician, in accordance with | ||||||
| 26 | Section 65-40 of the Nurse Practice Act, (iii) an animal | ||||||
| |||||||
| |||||||
| 1 | euthanasia agency, or (iv) a prescribing psychologist. | ||||||
| 2 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 3 | produced
directly or indirectly by extraction from substances | ||||||
| 4 | of vegetable origin,
or independently by means of chemical | ||||||
| 5 | synthesis, or by a combination of
extraction and chemical | ||||||
| 6 | synthesis:
| ||||||
| 7 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
| 8 | including their isomers, esters, ethers, salts, and salts | ||||||
| 9 | of isomers, esters, and ethers, whenever the existence of | ||||||
| 10 | such isomers, esters, ethers, and salts is possible within | ||||||
| 11 | the specific chemical designation; however the term | ||||||
| 12 | "narcotic drug" does not include the isoquinoline | ||||||
| 13 | alkaloids of opium;
| ||||||
| 14 | (2) (blank);
| ||||||
| 15 | (3) opium poppy and poppy straw;
| ||||||
| 16 | (4) coca leaves, except coca leaves and extracts of | ||||||
| 17 | coca leaves from which substantially all of the cocaine and | ||||||
| 18 | ecgonine, and their isomers, derivatives and salts, have | ||||||
| 19 | been removed;
| ||||||
| 20 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
| 21 | and salts of isomers; | ||||||
| 22 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
| 23 | and salts of isomers; | ||||||
| 24 | (7) any compound, mixture, or preparation which | ||||||
| 25 | contains any quantity of any of the substances referred to | ||||||
| 26 | in subparagraphs (1) through (6). | ||||||
| |||||||
| |||||||
| 1 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
| 2 | Nurse Practice Act.
| ||||||
| 3 | (cc) (Blank).
| ||||||
| 4 | (dd) "Opiate" means any substance having an addiction | ||||||
| 5 | forming or
addiction sustaining liability similar to morphine | ||||||
| 6 | or being capable of
conversion into a drug having addiction | ||||||
| 7 | forming or addiction sustaining
liability.
| ||||||
| 8 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
| 9 | somniferum L., except its seeds.
| ||||||
| 10 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 11 | solution or other liquid form of medication intended for | ||||||
| 12 | administration by mouth, but the term does not include a form | ||||||
| 13 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| 14 | administration. | ||||||
| 15 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 16 | Board of
the State of Illinois or its successor agency.
| ||||||
| 17 | (gg) "Person" means any individual, corporation, | ||||||
| 18 | mail-order pharmacy,
government or governmental subdivision or | ||||||
| 19 | agency, business trust, estate,
trust, partnership or | ||||||
| 20 | association, or any other entity.
| ||||||
| 21 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 22 | certificate of
registration as a registered pharmacist, a local | ||||||
| 23 | registered pharmacist
or a registered assistant pharmacist | ||||||
| 24 | under the Pharmacy Practice Act.
| ||||||
| 25 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 26 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
| |||||||
| |||||||
| 1 | Practice Act.
| ||||||
| 2 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 3 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 4 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 5 | requires) means a person licensed to practice medicine in all | ||||||
| 6 | of its branches. | ||||||
| 7 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 8 | the opium
poppy, after mowing.
| ||||||
| 9 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 10 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
| 11 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
| 12 | physician assistant,
advanced practice nurse,
licensed | ||||||
| 13 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
| 14 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
| 15 | lawfully permitted by the
United States or this State to | ||||||
| 16 | distribute, dispense, conduct research
with respect to, | ||||||
| 17 | administer or use in teaching or chemical analysis, a
| ||||||
| 18 | controlled substance in the course of professional practice or | ||||||
| 19 | research.
| ||||||
| 20 | (ll) "Pre-printed prescription" means a written | ||||||
| 21 | prescription upon which
the designated drug has been indicated | ||||||
| 22 | prior to the time of issuance; the term does not mean a written | ||||||
| 23 | prescription that is individually generated by machine or | ||||||
| 24 | computer in the prescriber's office.
| ||||||
| 25 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 26 | medicine in all
its branches, dentist, optometrist, | ||||||
| |||||||
| |||||||
| 1 | prescribing psychologist licensed under Section 4.2 of the | ||||||
| 2 | Clinical Psychologist Licensing Act with prescriptive | ||||||
| 3 | authority delegated under Section 4.3 of the Clinical | ||||||
| 4 | Psychologist Licensing Act, podiatric physician, or
| ||||||
| 5 | veterinarian who issues a prescription, a physician assistant | ||||||
| 6 | who
issues a
prescription for a controlled substance
in | ||||||
| 7 | accordance
with Section 303.05, a written delegation, and a | ||||||
| 8 | written supervision agreement required under Section 7.5
of the
| ||||||
| 9 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
| 10 | practice
nurse with prescriptive authority delegated under | ||||||
| 11 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
| 12 | Section 303.05, a written delegation,
and a written
| ||||||
| 13 | collaborative agreement under Section 65-35 of the Nurse | ||||||
| 14 | Practice Act.
| ||||||
| 15 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| 16 | order, or an electronic order that complies with applicable | ||||||
| 17 | federal requirements,
of
a physician licensed to practice | ||||||
| 18 | medicine in all its branches,
dentist, podiatric physician or | ||||||
| 19 | veterinarian for any controlled
substance, of an optometrist | ||||||
| 20 | for a Schedule II, III, IV, or V controlled substance in | ||||||
| 21 | accordance with Section 15.1 of the Illinois Optometric | ||||||
| 22 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
| 23 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
| 24 | with prescriptive authority delegated under Section 4.3 of the | ||||||
| 25 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
| 26 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
| |||||||
| |||||||
| 1 | written delegation, and a written supervision agreement | ||||||
| 2 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
| 3 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
| 4 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
| 5 | Act who issues a prescription for a
controlled substance in | ||||||
| 6 | accordance
with
Section 303.05, a written delegation, and a | ||||||
| 7 | written collaborative agreement under Section 65-35 of the | ||||||
| 8 | Nurse Practice Act when required by law.
| ||||||
| 9 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 10 | electronic library that contains reported controlled substance | ||||||
| 11 | data. | ||||||
| 12 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 13 | entity that collects, tracks, and stores reported data on | ||||||
| 14 | controlled substances and select drugs pursuant to Section 316. | ||||||
| 15 | (oo) "Production" or "produce" means manufacture, | ||||||
| 16 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
| 17 | substance other than methamphetamine.
| ||||||
| 18 | (pp) "Registrant" means every person who is required to | ||||||
| 19 | register
under Section 302 of this Act.
| ||||||
| 20 | (qq) "Registry number" means the number assigned to each | ||||||
| 21 | person
authorized to handle controlled substances under the | ||||||
| 22 | laws of the United
States and of this State.
| ||||||
| 23 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 24 | the Secretary of the Department or the Secretary of the | ||||||
| 25 | Department of Financial and Professional Regulation, and the | ||||||
| 26 | Secretary's designated agents. | ||||||
| |||||||
| |||||||
| 1 | (rr) "State" includes the State of Illinois and any state, | ||||||
| 2 | district,
commonwealth, territory, insular possession thereof, | ||||||
| 3 | and any area
subject to the legal authority of the United | ||||||
| 4 | States of America.
| ||||||
| 5 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 6 | overall excitation of central nervous system functions, (ii) | ||||||
| 7 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| 8 | habit-forming or lead to a substance abuse problem, including | ||||||
| 9 | but not limited to amphetamines and their analogs, | ||||||
| 10 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
| 11 | and its analogs. | ||||||
| 12 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 13 | a
controlled substance for his or her own use or for the use of | ||||||
| 14 | a member of his or her
household or for administering to an | ||||||
| 15 | animal owned by him or her or by a member
of his or her | ||||||
| 16 | household.
| ||||||
| 17 | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668, | ||||||
| 18 | eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; | ||||||
| 19 | revised 10-1-14.)
| ||||||
| 20 | (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
| ||||||
| 21 | Sec. 312. Requirements for dispensing controlled | ||||||
| 22 | substances.
| ||||||
| 23 | (a) A practitioner, in good faith, may dispense a Schedule
| ||||||
| 24 | II controlled substance, which is a narcotic drug listed in | ||||||
| 25 | Section 206
of this Act; or which contains any quantity of | ||||||
| |||||||
| |||||||
| 1 | amphetamine or
methamphetamine, their salts, optical isomers | ||||||
| 2 | or salts of optical
isomers; phenmetrazine and its salts; or | ||||||
| 3 | pentazocine; and Schedule III, IV, or V controlled substances
| ||||||
| 4 | to any person upon
a written or electronic prescription of any | ||||||
| 5 | prescriber, dated and signed
by the
person prescribing (or | ||||||
| 6 | electronically validated in compliance with Section 311.5) on | ||||||
| 7 | the day when issued and bearing the name and
address of the | ||||||
| 8 | patient for whom, or the owner of the animal for which
the | ||||||
| 9 | controlled substance is dispensed, and the full name, address | ||||||
| 10 | and
registry number under the laws of the United States | ||||||
| 11 | relating to
controlled substances of the prescriber, if he or | ||||||
| 12 | she is
required by
those laws to be registered. If the | ||||||
| 13 | prescription is for an animal it
shall state the species of | ||||||
| 14 | animal for which it is ordered. The
practitioner filling the | ||||||
| 15 | prescription shall, unless otherwise permitted, write the date | ||||||
| 16 | of filling
and his or her own signature on the face of the | ||||||
| 17 | written prescription or, alternatively, shall indicate such | ||||||
| 18 | filling using a unique identifier as defined in paragraph (v) | ||||||
| 19 | of Section 3 of the Pharmacy Practice Act.
The written | ||||||
| 20 | prescription shall be
retained on file by the practitioner who | ||||||
| 21 | filled it or pharmacy in which
the prescription was filled for | ||||||
| 22 | a period of 2 years, so as to be readily
accessible for | ||||||
| 23 | inspection or removal by any officer or employee engaged
in the | ||||||
| 24 | enforcement of this Act. Whenever the practitioner's or
| ||||||
| 25 | pharmacy's copy of any prescription is removed by an officer or
| ||||||
| 26 | employee engaged in the enforcement of this Act, for the | ||||||
| |||||||
| |||||||
| 1 | purpose of
investigation or as evidence, such officer or | ||||||
| 2 | employee shall give to the
practitioner or pharmacy a receipt | ||||||
| 3 | in lieu thereof. If the specific prescription is machine or | ||||||
| 4 | computer generated and printed at the prescriber's office, the | ||||||
| 5 | date does not need to be handwritten. A prescription
for a | ||||||
| 6 | Schedule II controlled substance shall not be issued for more | ||||||
| 7 | than a 30 day supply, except as provided in subsection (a-5), | ||||||
| 8 | and shall be valid for up to 90 days
after the date of | ||||||
| 9 | issuance. A written prescription for Schedule III, IV or
V | ||||||
| 10 | controlled substances shall not be filled or refilled more than | ||||||
| 11 | 6 months
after the date thereof or refilled more than 5 times | ||||||
| 12 | unless renewed, in
writing, by the prescriber.
| ||||||
| 13 | (a-5) Physicians may issue multiple prescriptions (3 | ||||||
| 14 | sequential 30-day supplies) for the same Schedule II controlled | ||||||
| 15 | substance, authorizing up to a 90-day supply. Before | ||||||
| 16 | authorizing a 90-day supply of a Schedule II controlled | ||||||
| 17 | substance, the physician must meet both of the following | ||||||
| 18 | conditions: | ||||||
| 19 | (1) Each separate prescription must be issued for a | ||||||
| 20 | legitimate medical purpose by an individual physician | ||||||
| 21 | acting in the usual course of professional practice. | ||||||
| 22 | (2) The individual physician must provide written | ||||||
| 23 | instructions on each prescription (other than the first | ||||||
| 24 | prescription, if the prescribing physician intends for the | ||||||
| 25 | prescription to be filled immediately) indicating the | ||||||
| 26 | earliest date on which a pharmacy may fill that | ||||||
| |||||||
| |||||||
| 1 | prescription. | ||||||
| 2 | (b) In lieu of a written prescription required by this | ||||||
| 3 | Section, a
pharmacist, in good faith, may dispense Schedule | ||||||
| 4 | III, IV, or V
substances to any person either upon receiving a | ||||||
| 5 | facsimile of a written,
signed prescription transmitted by the | ||||||
| 6 | prescriber or the prescriber's agent
or upon a lawful oral | ||||||
| 7 | prescription of a
prescriber which oral prescription shall be | ||||||
| 8 | reduced
promptly to
writing by the pharmacist and such written | ||||||
| 9 | memorandum thereof shall be
dated on the day when such oral | ||||||
| 10 | prescription is received by the
pharmacist and shall bear the | ||||||
| 11 | full name and address of the ultimate user
for whom, or of the | ||||||
| 12 | owner of the animal for which the controlled
substance is | ||||||
| 13 | dispensed, and the full name, address, and registry number
| ||||||
| 14 | under the law of the United States relating to controlled | ||||||
| 15 | substances of
the prescriber prescribing if he or she is | ||||||
| 16 | required by those laws
to be so
registered, and the pharmacist | ||||||
| 17 | filling such oral prescription shall
write the date of filling | ||||||
| 18 | and his or her own signature on the face of such
written | ||||||
| 19 | memorandum thereof. The facsimile copy of the prescription or
| ||||||
| 20 | written memorandum of the oral
prescription shall be retained | ||||||
| 21 | on file by the proprietor of the pharmacy
in which it is filled | ||||||
| 22 | for a period of not less than two years, so as to
be readily | ||||||
| 23 | accessible for inspection by any officer or employee engaged
in | ||||||
| 24 | the enforcement of this Act in the same manner as a written
| ||||||
| 25 | prescription. The facsimile copy of the prescription or oral | ||||||
| 26 | prescription
and the written memorandum thereof
shall not be | ||||||
| |||||||
| |||||||
| 1 | filled or refilled more than 6 months after the date
thereof or | ||||||
| 2 | be refilled more than 5 times, unless renewed, in writing, by
| ||||||
| 3 | the prescriber.
| ||||||
| 4 | (c) Except for any non-prescription targeted | ||||||
| 5 | methamphetamine precursor regulated by the Methamphetamine | ||||||
| 6 | Precursor Control Act, a
controlled substance included in | ||||||
| 7 | Schedule V shall not be
distributed or dispensed other than for | ||||||
| 8 | a medical purpose and not for
the purpose of evading this Act, | ||||||
| 9 | and then:
| ||||||
| 10 | (1) only personally by a person registered to dispense | ||||||
| 11 | a Schedule V
controlled substance and then only to his or | ||||||
| 12 | her patients, or
| ||||||
| 13 | (2) only personally by a pharmacist, and then only to a | ||||||
| 14 | person over
21 years of age who has identified himself or | ||||||
| 15 | herself to the pharmacist by means of
2 positive documents | ||||||
| 16 | of identification.
| ||||||
| 17 | (3) the dispenser shall record the name and address of | ||||||
| 18 | the
purchaser, the name and quantity of the product, the | ||||||
| 19 | date and time of
the sale, and the dispenser's signature.
| ||||||
| 20 | (4) no person shall purchase or be dispensed more than | ||||||
| 21 | 120
milliliters or more than 120 grams of any Schedule V | ||||||
| 22 | substance which
contains codeine, dihydrocodeine, or any | ||||||
| 23 | salts thereof, or
ethylmorphine, or any salts thereof, in | ||||||
| 24 | any 96 hour period. The
purchaser shall sign a form, | ||||||
| 25 | approved by the Department of Financial and Professional
| ||||||
| 26 | Regulation, attesting that he or she has not purchased any | ||||||
| |||||||
| |||||||
| 1 | Schedule V
controlled substances within the immediately | ||||||
| 2 | preceding 96 hours.
| ||||||
| 3 | (5) (Blank).
| ||||||
| 4 | (6) all records of purchases and sales shall be | ||||||
| 5 | maintained for not
less than 2 years.
| ||||||
| 6 | (7) no person shall obtain or attempt to obtain within | ||||||
| 7 | any
consecutive 96 hour period any Schedule V substances of | ||||||
| 8 | more than 120
milliliters or more than 120 grams containing | ||||||
| 9 | codeine, dihydrocodeine or
any of its salts, or | ||||||
| 10 | ethylmorphine or any of its salts. Any person
obtaining any | ||||||
| 11 | such preparations or combination of preparations in excess
| ||||||
| 12 | of this limitation shall be in unlawful possession of such | ||||||
| 13 | controlled
substance.
| ||||||
| 14 | (8) a person qualified to dispense controlled | ||||||
| 15 | substances under this
Act and registered thereunder shall | ||||||
| 16 | at no time maintain or keep in stock
a quantity of Schedule | ||||||
| 17 | V controlled substances in excess of 4.5 liters for each
| ||||||
| 18 | substance; a pharmacy shall at no time maintain or keep in | ||||||
| 19 | stock a
quantity of Schedule V controlled substances as | ||||||
| 20 | defined in excess of 4.5
liters for each substance, plus | ||||||
| 21 | the additional quantity of controlled
substances necessary | ||||||
| 22 | to fill the largest number of prescription orders
filled by | ||||||
| 23 | that pharmacy for such controlled substances in any one | ||||||
| 24 | week
in the previous year. These limitations shall not | ||||||
| 25 | apply to Schedule V
controlled substances which Federal law | ||||||
| 26 | prohibits from being dispensed
without a prescription.
| ||||||
| |||||||
| |||||||
| 1 | (9) no person shall distribute or dispense butyl | ||||||
| 2 | nitrite for
inhalation or other introduction into the human | ||||||
| 3 | body for euphoric or
physical effect.
| ||||||
| 4 | (d) Every practitioner shall keep a record or log of | ||||||
| 5 | controlled substances
received by him or her and a record of | ||||||
| 6 | all such controlled substances
administered, dispensed or | ||||||
| 7 | professionally used by him or her otherwise than by
| ||||||
| 8 | prescription. It shall, however, be sufficient compliance with | ||||||
| 9 | this
paragraph if any practitioner utilizing controlled | ||||||
| 10 | substances listed in
Schedules III, IV and V shall keep a | ||||||
| 11 | record of all those substances
dispensed and distributed by him | ||||||
| 12 | or her other than those controlled substances
which are | ||||||
| 13 | administered by the direct application of a controlled
| ||||||
| 14 | substance, whether by injection, inhalation, ingestion, or any | ||||||
| 15 | other
means to the body of a patient or research subject. A | ||||||
| 16 | practitioner who
dispenses, other than by administering, a | ||||||
| 17 | controlled substance in
Schedule II, which is a narcotic drug | ||||||
| 18 | listed in Section 206 of this Act,
or which contains any | ||||||
| 19 | quantity of amphetamine or methamphetamine, their
salts, | ||||||
| 20 | optical isomers or salts of optical isomers, pentazocine, or
| ||||||
| 21 | methaqualone shall do so only upon
the issuance of a written | ||||||
| 22 | prescription blank or electronic prescription issued by a
| ||||||
| 23 | prescriber.
| ||||||
| 24 | (e) Whenever a manufacturer distributes a controlled | ||||||
| 25 | substance in a
package prepared by him or her, and whenever a | ||||||
| 26 | wholesale distributor
distributes a controlled substance in a | ||||||
| |||||||
| |||||||
| 1 | package prepared by him or her or the
manufacturer, he or she | ||||||
| 2 | shall securely affix to each package in which that
substance is | ||||||
| 3 | contained a label showing in legible English the name and
| ||||||
| 4 | address of the manufacturer, the distributor and the quantity, | ||||||
| 5 | kind and
form of controlled substance contained therein. No | ||||||
| 6 | person except a
pharmacist and only for the purposes of filling | ||||||
| 7 | a prescription under
this Act, shall alter, deface or remove | ||||||
| 8 | any label so affixed.
| ||||||
| 9 | (f) Whenever a practitioner dispenses any controlled | ||||||
| 10 | substance except a non-prescription Schedule V product or a | ||||||
| 11 | non-prescription targeted methamphetamine precursor regulated | ||||||
| 12 | by the Methamphetamine Precursor Control Act, he or she
shall | ||||||
| 13 | affix to the container in which such substance is sold or
| ||||||
| 14 | dispensed, a label indicating the date of initial filling, the | ||||||
| 15 | practitioner's
name and address, the name
of the patient, the | ||||||
| 16 | name of the prescriber,
the directions
for use and cautionary | ||||||
| 17 | statements, if any, contained in any prescription
or required | ||||||
| 18 | by law, the proprietary name or names or the established name
| ||||||
| 19 | of the controlled substance, and the dosage and quantity, | ||||||
| 20 | except as otherwise
authorized by regulation by the Department | ||||||
| 21 | of Financial and Professional Regulation. No
person shall | ||||||
| 22 | alter, deface or remove any label so affixed as long as the | ||||||
| 23 | specific medication remains in the container.
| ||||||
| 24 | (g) A person to whom or for whose use any controlled | ||||||
| 25 | substance has
been prescribed or dispensed by a practitioner, | ||||||
| 26 | or other persons
authorized under this Act, and the owner of | ||||||
| |||||||
| |||||||
| 1 | any animal for which such
substance has been prescribed or | ||||||
| 2 | dispensed by a veterinarian, may
lawfully possess such | ||||||
| 3 | substance only in the container in which it was
delivered to | ||||||
| 4 | him or her by the person dispensing such substance.
| ||||||
| 5 | (h) The responsibility for the proper prescribing or | ||||||
| 6 | dispensing of
controlled substances that are under the | ||||||
| 7 | prescriber's direct control is upon the prescriber. The | ||||||
| 8 | responsibility for
the proper filling of a prescription for | ||||||
| 9 | controlled substance drugs
rests with the pharmacist. An order | ||||||
| 10 | purporting to be a prescription
issued to any individual, which | ||||||
| 11 | is not in the regular course of
professional treatment nor part | ||||||
| 12 | of an authorized methadone maintenance
program, nor in | ||||||
| 13 | legitimate and authorized research instituted by any
| ||||||
| 14 | accredited hospital, educational institution, charitable | ||||||
| 15 | foundation, or
federal, state or local governmental agency, and | ||||||
| 16 | which is intended to
provide that individual with controlled | ||||||
| 17 | substances sufficient to
maintain that individual's or any | ||||||
| 18 | other individual's physical or
psychological addiction, | ||||||
| 19 | habitual or customary use, dependence, or
diversion of that | ||||||
| 20 | controlled substance is not a prescription within the
meaning | ||||||
| 21 | and intent of this Act; and the person issuing it, shall be
| ||||||
| 22 | subject to the penalties provided for violations of the law | ||||||
| 23 | relating to
controlled substances.
| ||||||
| 24 | (i) A prescriber shall not pre-print preprint or cause to | ||||||
| 25 | be
pre-printed preprinted a
prescription for any controlled | ||||||
| 26 | substance; nor shall any practitioner
issue, fill or cause to | ||||||
| |||||||
| |||||||
| 1 | be issued or filled, a pre-printed preprinted prescription
for | ||||||
| 2 | any controlled substance.
| ||||||
| 3 | (i-5) A prescriber may use a machine or electronic device | ||||||
| 4 | to individually generate a printed prescription, but the | ||||||
| 5 | prescriber is still required to affix his or her manual | ||||||
| 6 | signature. | ||||||
| 7 | (j) No person shall manufacture, dispense, deliver, | ||||||
| 8 | possess with
intent to deliver, prescribe, or administer or | ||||||
| 9 | cause to be administered
under his or her direction any | ||||||
| 10 | anabolic steroid, for any use in humans other than
the | ||||||
| 11 | treatment of disease in accordance with the order of a | ||||||
| 12 | physician licensed
to practice medicine in all its branches for | ||||||
| 13 | a
valid medical purpose in the course of professional practice. | ||||||
| 14 | The use of
anabolic steroids for the purpose of hormonal | ||||||
| 15 | manipulation that is intended
to increase muscle mass, strength | ||||||
| 16 | or weight without a medical necessity to
do so, or for the | ||||||
| 17 | intended purpose of improving physical appearance or
| ||||||
| 18 | performance in any form of exercise, sport, or game, is not a | ||||||
| 19 | valid medical
purpose or in the course of professional | ||||||
| 20 | practice.
| ||||||
| 21 | (k) Controlled substances may be mailed if all of the | ||||||
| 22 | following conditions are met: | ||||||
| 23 | (1) The controlled substances are not outwardly | ||||||
| 24 | dangerous and are not likely, of their own force, to cause | ||||||
| 25 | injury to a person's life or health. | ||||||
| 26 | (2) The inner container of a parcel containing | ||||||
| |||||||
| |||||||
| 1 | controlled substances must be marked and sealed as required | ||||||
| 2 | under this Act and its rules, and be placed in a plain | ||||||
| 3 | outer container or securely wrapped in plain paper. | ||||||
| 4 | (3) If the controlled substances consist of | ||||||
| 5 | prescription medicines, the inner container must be | ||||||
| 6 | labeled to show the name and address of the pharmacy or | ||||||
| 7 | practitioner dispensing the prescription. | ||||||
| 8 | (4) The outside wrapper or container must be free of | ||||||
| 9 | markings that would indicate the nature of the contents. | ||||||
| 10 | (Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised | ||||||
| 11 | 12-10-14.)
| ||||||
| 12 | Section 500. The Code of Criminal Procedure of 1963 is | ||||||
| 13 | amended by changing Sections 104-18, 108-4, 109-1, 109-1.1, and | ||||||
| 14 | 122-2.2 as follows:
| ||||||
| 15 | (725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
| ||||||
| 16 | Sec. 104-18. Progress Reports. | ||||||
| 17 | (a) The treatment supervisor shall submit
a written | ||||||
| 18 | progress report to the court, the State, and the defense:
| ||||||
| 19 | (1) At least 7 days prior to the date for any hearing | ||||||
| 20 | on the issue of
the defendant's fitness;
| ||||||
| 21 | (2) Whenever he believes that the defendant has | ||||||
| 22 | attained fitness;
| ||||||
| 23 | (3) Whenever he believes that there is not a | ||||||
| 24 | substantial probability that
the defendant will attain | ||||||
| |||||||
| |||||||
| 1 | fitness, with treatment, within the time period set in | ||||||
| 2 | subsection (e) of Section 104-17 of this Code from
the date | ||||||
| 3 | of the original finding of unfitness.
| ||||||
| 4 | (b) The progress report shall contain:
| ||||||
| 5 | (1) The clinical findings of the treatment supervisor | ||||||
| 6 | and the facts upon
which the findings are based;
| ||||||
| 7 | (2) The opinion of the treatment supervisor as to | ||||||
| 8 | whether the defendant
has attained fitness or as to whether | ||||||
| 9 | the defendant is making progress,
under treatment, toward | ||||||
| 10 | attaining fitness within the time period set in subsection | ||||||
| 11 | (e) of Section 104-17 of this Code from the date
of the | ||||||
| 12 | original finding of unfitness;
| ||||||
| 13 | (3) If the defendant is receiving medication, | ||||||
| 14 | information from the prescribing
physician indicating the | ||||||
| 15 | type, the dosage and the effect of the medication
on the | ||||||
| 16 | defendant's appearance, actions and demeanor.
| ||||||
| 17 | (c) Whenever the court is sent a report from the supervisor | ||||||
| 18 | of the defendant's treatment under paragraph (2) of subsection | ||||||
| 19 | (a) of this Section, the treatment provider shall arrange with | ||||||
| 20 | the court for the return of the defendant to the county jail | ||||||
| 21 | before the time frame specified in subsection (a) of Section | ||||||
| 22 | 104-20 of this Code. | ||||||
| 23 | (Source: P.A. 97-1020, eff. 8-17-12; 98-944, eff. 8-15-14; | ||||||
| 24 | 98-1025, eff. 8-22-14; revised 10-1-14.)
| ||||||
| 25 | (725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 108-4. Issuance of search warrant.
| ||||||
| 2 | (a) All warrants upon written complaint shall state the | ||||||
| 3 | time
and date of issuance and be the warrants of the judge | ||||||
| 4 | issuing the same and
not the warrants of the court in which he | ||||||
| 5 | or she is then sitting and these warrants
need not bear the | ||||||
| 6 | seal of the court or clerk thereof. The complaint on
which the | ||||||
| 7 | warrant is issued need not be filed with the clerk of the court
| ||||||
| 8 | nor with the court if there is no clerk until the warrant has | ||||||
| 9 | been executed
or has been returned "not executed".
| ||||||
| 10 | The search warrant upon written complaint may be issued | ||||||
| 11 | electronically or
electromagnetically
by use of electronic | ||||||
| 12 | mail or a facsimile transmission machine and this warrant shall | ||||||
| 13 | have
the same validity as a written search warrant.
| ||||||
| 14 | (b) Warrant upon oral testimony.
| ||||||
| 15 | (1) General rule. When the offense in connection with
| ||||||
| 16 | which a search warrant is sought constitutes terrorism or | ||||||
| 17 | any related offense
as defined in Article 29D of the | ||||||
| 18 | Criminal Code of 2012, and if the
circumstances make it | ||||||
| 19 | reasonable to dispense, in whole or in part, with a
written | ||||||
| 20 | affidavit, a judge may issue a warrant based upon sworn | ||||||
| 21 | testimony
communicated by telephone or other appropriate | ||||||
| 22 | means, including facsimile
transmission.
| ||||||
| 23 | (2) Application. The person who is requesting the | ||||||
| 24 | warrant shall prepare a
document to be known as a duplicate | ||||||
| 25 | original warrant and shall read such
duplicate original | ||||||
| 26 | warrant, verbatim, to the judge. The judge shall enter,
| ||||||
| |||||||
| |||||||
| 1 | verbatim, what is so read to the judge on a document to be | ||||||
| 2 | known
as the original warrant. The judge may direct that | ||||||
| 3 | the warrant be modified.
| ||||||
| 4 | (3) Issuance. If the judge is satisfied that the
| ||||||
| 5 | offense in connection with which the search warrant is | ||||||
| 6 | sought constitutes
terrorism or any related offense as | ||||||
| 7 | defined in Article 29D of the Criminal Code
of 2012, that | ||||||
| 8 | the circumstances are such as to make it reasonable to | ||||||
| 9 | dispense
with a written affidavit, and that grounds for the | ||||||
| 10 | application exist or that
there is probable cause to | ||||||
| 11 | believe that they exist, the judge shall order the
issuance | ||||||
| 12 | of a warrant by directing the person requesting the warrant | ||||||
| 13 | to sign
the judge's name on the duplicate original warrant. | ||||||
| 14 | The judge shall immediately
sign the original warrant and | ||||||
| 15 | enter on the face of the original warrant the
exact time | ||||||
| 16 | when the warrant was ordered to be issued. The finding of | ||||||
| 17 | probable
cause for a warrant upon oral testimony may be | ||||||
| 18 | based on the same kind of
evidence as is sufficient for a | ||||||
| 19 | warrant upon affidavit.
| ||||||
| 20 | (4) Recording and certification of testimony. When a
| ||||||
| 21 | caller informs the judge that the purpose of the call is to | ||||||
| 22 | request a warrant,
the judge shall immediately place under | ||||||
| 23 | oath each person whose testimony forms
a basis of the | ||||||
| 24 | application and each person applying for that warrant. If a
| ||||||
| 25 | voice recording device is available, the judge shall record | ||||||
| 26 | by means of the
device all of the call after the caller | ||||||
| |||||||
| |||||||
| 1 | informs the judge that the purpose of
the call is to | ||||||
| 2 | request a warrant, otherwise a stenographic or longhand | ||||||
| 3 | verbatim
record shall be made. If a voice recording device | ||||||
| 4 | is used or a stenographic
record made, the judge shall have | ||||||
| 5 | the record transcribed, shall certify the
accuracy of the | ||||||
| 6 | transcription, and shall file a copy of the original record | ||||||
| 7 | and
the transcription with the court. If a longhand | ||||||
| 8 | verbatim record is made, the
judge shall file a signed copy | ||||||
| 9 | with the court.
| ||||||
| 10 | (5) Contents. The contents of a warrant upon oral
| ||||||
| 11 | testimony shall be the same as the contents of a warrant | ||||||
| 12 | upon affidavit.
| ||||||
| 13 | (6) Additional rule for execution. The person who
| ||||||
| 14 | executes the warrant shall enter the exact time of | ||||||
| 15 | execution on the face of the
duplicate original warrant.
| ||||||
| 16 | (7) Motion to suppress based on failure to obtain a | ||||||
| 17 | written affidavit.
Evidence obtained pursuant to a warrant | ||||||
| 18 | issued under this subsection (b) is not
subject to a motion | ||||||
| 19 | to suppress on the ground that the circumstances were not
| ||||||
| 20 | such as to make it reasonable to dispense with a written | ||||||
| 21 | affidavit, absent a
finding of bad faith. All other grounds | ||||||
| 22 | to move to suppress are preserved.
| ||||||
| 23 | (8) This subsection (b) is inoperative on and after | ||||||
| 24 | January 1, 2005.
| ||||||
| 25 | (9) No evidence obtained pursuant to this subsection | ||||||
| 26 | (b) shall be
inadmissible in a court of law by virtue of | ||||||
| |||||||
| |||||||
| 1 | subdivision (8).
| ||||||
| 2 | (c) Warrant upon testimony by simultaneous video and audio | ||||||
| 3 | transmission. | ||||||
| 4 | (1) General rule. When a search warrant is sought and | ||||||
| 5 | the request is made by electronic means that has a | ||||||
| 6 | simultaneous video and audio transmission between the | ||||||
| 7 | requestor and a judge, the judge may issue a search warrant | ||||||
| 8 | based upon sworn testimony communicated in the | ||||||
| 9 | transmission. | ||||||
| 10 | (2) Application. The requestor shall prepare a | ||||||
| 11 | document to be known as a duplicate original warrant, and | ||||||
| 12 | (A) if circumstances allow, the requestor shall | ||||||
| 13 | transmit a copy of the warrant together with a | ||||||
| 14 | complaint for search warrant to the judge by facsimile, | ||||||
| 15 | email, or other reliable electronic means; or | ||||||
| 16 | (B) if circumstances make transmission under | ||||||
| 17 | subparagraph (A) of this paragraph (2) impracticable, | ||||||
| 18 | the requestor shall read the duplicate original | ||||||
| 19 | warrant, verbatim, to the judge after being
placed | ||||||
| 20 | under oath as provided in paragraph (4) of this | ||||||
| 21 | subsection (c). The judge shall enter, verbatim, what | ||||||
| 22 | is so read to the judge on a document in the judge's | ||||||
| 23 | possession. | ||||||
| 24 | Under both subparagraphs (A) and (B), the document in | ||||||
| 25 | possession of the judge shall be known as the original | ||||||
| 26 | warrant. The judge may direct that the warrant be modified. | ||||||
| |||||||
| |||||||
| 1 | (3) Issuance. If the judge is satisfied that grounds | ||||||
| 2 | for the application exist or that there is probable cause | ||||||
| 3 | to believe that grounds exist, the judge shall order the | ||||||
| 4 | issuance of a warrant by directing the requestor to sign | ||||||
| 5 | the judge's name on the duplicate original warrant, place | ||||||
| 6 | the requestor's initials below the judge's name, and enter | ||||||
| 7 | on the face of the duplicate original warrant the exact | ||||||
| 8 | date and time when the warrant was ordered to be issued. | ||||||
| 9 | The judge shall immediately sign the original warrant and | ||||||
| 10 | enter on the face of the original warrant the exact date | ||||||
| 11 | and time when the warrant was ordered to be issued. The | ||||||
| 12 | finding of probable cause for a warrant under this | ||||||
| 13 | subsection (c) may be based on the same kind of evidence as | ||||||
| 14 | is sufficient for a warrant under subsection (a). | ||||||
| 15 | (4) Recording and certification of testimony. When a | ||||||
| 16 | requestor initiates a request for search warrant under this | ||||||
| 17 | subsection (c), and after the requestor informs the judge | ||||||
| 18 | that the purpose of the communication is to request a | ||||||
| 19 | warrant, the judge shall place under oath each person whose | ||||||
| 20 | testimony forms a basis of the application and each person | ||||||
| 21 | applying for that warrant. A record of the facts upon which | ||||||
| 22 | the judge based his or her decision to issue a warrant must | ||||||
| 23 | be made and filed with the court, together with the | ||||||
| 24 | original warrant. | ||||||
| 25 | (A) When the requestor has provided the judge with | ||||||
| 26 | a written complaint for search warrant under | ||||||
| |||||||
| |||||||
| 1 | subparagraph (A) of paragraph (2) of this subsection | ||||||
| 2 | (c) and the judge has sworn the complainant to the | ||||||
| 3 | facts contained in the complaint for search warrant but | ||||||
| 4 | has taken no other oral testimony from any person that | ||||||
| 5 | is essential to establishing probable cause, the judge | ||||||
| 6 | must acknowledge the attestation in writing on the | ||||||
| 7 | complaint and file this acknowledged complaint with | ||||||
| 8 | the court. | ||||||
| 9 | (B) When the requestor has not provided the judge | ||||||
| 10 | with a written complaint for search warrant, or when | ||||||
| 11 | the judge has taken oral testimony essential to | ||||||
| 12 | establishing probable cause not contained in the | ||||||
| 13 | written complaint for search warrant, the essential | ||||||
| 14 | facts in the oral testimony that form the basis of the | ||||||
| 15 | judge's decision to issue the warrant shall be included | ||||||
| 16 | in the record together with the written complaint, if | ||||||
| 17 | any. If a recording device is used or a stenographic | ||||||
| 18 | record is made, the judge shall have the record | ||||||
| 19 | transcribed, shall certify the accuracy of the | ||||||
| 20 | transcription, and shall file a copy of the original | ||||||
| 21 | record and the transcription with the court. If a | ||||||
| 22 | longhand record is made, the judge shall file a signed | ||||||
| 23 | copy with the court. | ||||||
| 24 | The material to be filed need not be filed until the | ||||||
| 25 | warrant has been executed or has been returned "not | ||||||
| 26 | executed". | ||||||
| |||||||
| |||||||
| 1 | (5) Contents. The contents of a warrant under this | ||||||
| 2 | subsection (c) shall be the same as the contents of a | ||||||
| 3 | warrant upon affidavit. A warrant under this subsection is | ||||||
| 4 | a warrant of the judge issuing the same and not the warrant | ||||||
| 5 | of the court in which he or she is then sitting and these | ||||||
| 6 | warrants need not bear the seal of the court or the clerk | ||||||
| 7 | of the court. | ||||||
| 8 | (6) Additional rule for execution. The person who | ||||||
| 9 | executes the warrant shall enter the exact time of | ||||||
| 10 | execution on the face of the duplicate original warrant. | ||||||
| 11 | (7) Motion to suppress based on failure to obtain a | ||||||
| 12 | written affidavit. Evidence obtained under a warrant | ||||||
| 13 | issued under this subsection (c) is not subject to a motion | ||||||
| 14 | to suppress on the ground that the circumstances were not | ||||||
| 15 | such as to make it reasonable to dispense with a written | ||||||
| 16 | affidavit, absent a finding of bad faith. All other grounds | ||||||
| 17 | to move to suppress are preserved. | ||||||
| 18 | (d) The Chief Judge of the circuit court or presiding judge | ||||||
| 19 | in the issuing jurisdiction shall, by local rule, create a | ||||||
| 20 | standard practice for the filing or other retention of | ||||||
| 21 | documents or recordings produced under this Section. | ||||||
| 22 | (Source: P.A. 97-1150, eff. 1-25-13; 98-829, eff. 8-1-14; | ||||||
| 23 | 98-905, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 24 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||||||
| 25 | Sec. 109-1. Person arrested.
| ||||||
| |||||||
| |||||||
| 1 | (a) A person arrested with or without a warrant shall be | ||||||
| 2 | taken without
unnecessary delay before the nearest and most | ||||||
| 3 | accessible judge
in that county, except when such county is a | ||||||
| 4 | participant in a
regional jail authority, in which event such | ||||||
| 5 | person may be taken to the
nearest and most accessible judge, | ||||||
| 6 | irrespective of the county where such
judge presides,
and a | ||||||
| 7 | charge shall be filed.
Whenever a person arrested either with | ||||||
| 8 | or without a warrant is required
to be taken
before a judge, a | ||||||
| 9 | charge
may be filed against such person by way of a two-way | ||||||
| 10 | closed circuit
television system, except that a hearing to deny | ||||||
| 11 | bail to the defendant may
not be conducted by way of closed | ||||||
| 12 | circuit television.
| ||||||
| 13 | (b) The judge shall:
| ||||||
| 14 | (1) Inform the defendant of the charge against him and | ||||||
| 15 | shall provide him
with a copy of the charge;
| ||||||
| 16 | (2) Advise the defendant of his right to counsel and if | ||||||
| 17 | indigent shall
appoint a public defender or licensed | ||||||
| 18 | attorney at law of this State to
represent him in | ||||||
| 19 | accordance with the provisions of Section 113-3 of this
| ||||||
| 20 | Code;
| ||||||
| 21 | (3) Schedule a preliminary hearing in appropriate | ||||||
| 22 | cases;
| ||||||
| 23 | (4) Admit the defendant to bail in accordance with the | ||||||
| 24 | provisions of
Article 110 of this Code; and
| ||||||
| 25 | (5) Order the confiscation of the person's passport or | ||||||
| 26 | impose travel restrictions on a defendant arrested for | ||||||
| |||||||
| |||||||
| 1 | first degree murder or other violent crime as defined in | ||||||
| 2 | Section 3 of the Rights of Crime Victims and Witnesses Act, | ||||||
| 3 | if the judge determines, based on the factors in Section | ||||||
| 4 | 110-5 of this Code, that this will reasonably ensure assure | ||||||
| 5 | the appearance of the defendant and compliance by the | ||||||
| 6 | defendant with all conditions of release. | ||||||
| 7 | (c) The court may issue an order of protection in | ||||||
| 8 | accordance with
the provisions of Article 112A of this Code.
| ||||||
| 9 | (Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14; | ||||||
| 10 | revised 12-10-14.)
| ||||||
| 11 | (725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
| ||||||
| 12 | Sec. 109-1.1.
(1) Whenever a person arrested either with or | ||||||
| 13 | without a
warrant is taken before a judge as provided for in | ||||||
| 14 | Sections 107-9(d)(6)
and 109-1(a), the judge shall ask the | ||||||
| 15 | arrestee whether he or she has any
children under 18 years old | ||||||
| 16 | living with him or her
who may be neglected as a result of the | ||||||
| 17 | arrest, incarceration or otherwise.
If the judge has reasonable | ||||||
| 18 | cause to believe that a child may be a neglected
child as | ||||||
| 19 | defined in the Abused and Neglected Child Care Reporting Act, | ||||||
| 20 | he
shall instruct a probation officer to report it immediately | ||||||
| 21 | to the Department
of Children and Family Services as provided | ||||||
| 22 | in that Act.
| ||||||
| 23 | (Source: P.A. 82-228; revised 12-10-14.)
| ||||||
| 24 | (725 ILCS 5/122-2.2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 122-2.2. Intellectual disability and post-conviction | ||||||
| 2 | relief.
| ||||||
| 3 | (a) In cases where no determination of an intellectual | ||||||
| 4 | disability was made and a
defendant has been convicted of | ||||||
| 5 | first-degree
murder, sentenced to death, and is in custody | ||||||
| 6 | pending execution of the
sentence of death, the following | ||||||
| 7 | procedures shall apply:
| ||||||
| 8 | (1) Notwithstanding any other provision of law or rule | ||||||
| 9 | of court, a
defendant may seek relief from the death | ||||||
| 10 | sentence through a petition for
post-conviction relief | ||||||
| 11 | under this Article alleging that the defendant was | ||||||
| 12 | intellectually disabled
as defined in Section 114-15 at the | ||||||
| 13 | time the offense was
alleged to have been
committed.
| ||||||
| 14 | (2) The petition must be filed within 180 days of the | ||||||
| 15 | effective date of
this
amendatory Act of the 93rd General | ||||||
| 16 | Assembly or within 180 days of the
issuance of the mandate | ||||||
| 17 | by the Illinois Supreme Court setting the date of
| ||||||
| 18 | execution, whichever is later.
| ||||||
| 19 | (b) (3) All other provisions of this Article governing | ||||||
| 20 | petitions for
post-conviction relief shall apply to a petition | ||||||
| 21 | for post-conviction relief
alleging an intellectual | ||||||
| 22 | disability.
| ||||||
| 23 | (Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
| ||||||
| 24 | Section 505. The State Appellate Defender Act is amended by | ||||||
| 25 | changing Section 10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 105/10) (from Ch. 38, par. 208-10)
| ||||||
| 2 | Sec. 10. Powers and duties of State Appellate Defender.
| ||||||
| 3 | (a) The State Appellate Defender shall represent indigent | ||||||
| 4 | persons on
appeal in criminal and delinquent minor proceedings, | ||||||
| 5 | when appointed to do so by
a court under a Supreme Court Rule | ||||||
| 6 | or law of this State.
| ||||||
| 7 | (b) The State Appellate Defender shall submit a budget for | ||||||
| 8 | the
approval of the State Appellate Defender Commission.
| ||||||
| 9 | (c) The State Appellate Defender may:
| ||||||
| 10 | (1) maintain a panel of private attorneys available to | ||||||
| 11 | serve as
counsel on a case basis;
| ||||||
| 12 | (2) establish programs, alone or in conjunction with | ||||||
| 13 | law schools,
for the purpose of utilizing volunteer law | ||||||
| 14 | students as legal assistants;
| ||||||
| 15 | (3) cooperate and consult with state agencies, | ||||||
| 16 | professional
associations, and other groups concerning the | ||||||
| 17 | causes of criminal
conduct, the rehabilitation and | ||||||
| 18 | correction of persons charged with and
convicted of crime, | ||||||
| 19 | the administration of criminal justice, and, in
counties of | ||||||
| 20 | less than 1,000,000 population, study, design, develop and
| ||||||
| 21 | implement model systems for the delivery of trial level | ||||||
| 22 | defender
services, and make an annual report to the General | ||||||
| 23 | Assembly;
| ||||||
| 24 | (4) hire investigators to provide investigative | ||||||
| 25 | services to appointed counsel and county
public defenders;
| ||||||
| |||||||
| |||||||
| 1 | (5) (blank); (Blank.)
| ||||||
| 2 | (5.5) provide training to county public defenders; | ||||||
| 3 | (5.7) provide county public defenders with the | ||||||
| 4 | assistance of expert witnesses and investigators from | ||||||
| 5 | funds appropriated to the State Appellate Defender | ||||||
| 6 | specifically for that purpose by the General Assembly. The | ||||||
| 7 | Office of the State Appellate Defender shall not be | ||||||
| 8 | appointed to act as trial counsel; | ||||||
| 9 | (6) develop a Juvenile Defender Resource Center to:
(i) | ||||||
| 10 | study, design, develop, and implement model systems for the | ||||||
| 11 | delivery of trial level defender services for juveniles in | ||||||
| 12 | the justice system; (ii) in cases in which a sentence of | ||||||
| 13 | incarceration or an adult sentence, or both, is an | ||||||
| 14 | authorized disposition, provide trial counsel with legal | ||||||
| 15 | advice and the assistance of expert witnesses and | ||||||
| 16 | investigators from funds appropriated to the Office of the | ||||||
| 17 | State Appellate Defender by the General Assembly | ||||||
| 18 | specifically for that purpose; (iii) develop and provide | ||||||
| 19 | training to public defenders on juvenile justice issues, | ||||||
| 20 | utilizing resources including the State and local bar | ||||||
| 21 | associations, the Illinois Public Defender Association, | ||||||
| 22 | law schools, the Midwest Juvenile Defender Center, and pro | ||||||
| 23 | bono efforts by law firms; and
(iv) make an annual report | ||||||
| 24 | to the General Assembly. | ||||||
| 25 | (d) (Blank.).
| ||||||
| 26 | (e) The requirement for reporting to the General Assembly | ||||||
| |||||||
| |||||||
| 1 | shall be
satisfied
by filing copies of the report with the | ||||||
| 2 | Speaker, the Minority Leader and
the Clerk of the House of | ||||||
| 3 | Representatives and the President, the Minority
Leader and the | ||||||
| 4 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
| 5 | required by Section 3.1 of the General Assembly Organization
| ||||||
| 6 | Act and filing such additional copies with the State Government | ||||||
| 7 | Report
Distribution Center for
the General Assembly as is | ||||||
| 8 | required under paragraph (t) of Section 7 of the
State Library | ||||||
| 9 | Act.
| ||||||
| 10 | (Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12; | ||||||
| 11 | revised 12-10-14.)
| ||||||
| 12 | Section 510. The Gang Crime
Witness
Protection Act of 2013 | ||||||
| 13 | is amended by changing Section 15 as follows:
| ||||||
| 14 | (725 ILCS 173/15)
| ||||||
| 15 | Sec. 15. Funding. The Illinois Criminal Justice | ||||||
| 16 | Information Authority, in consultation with
the Attorney | ||||||
| 17 | General, shall adopt rules for the implementation of the Gang
| ||||||
| 18 | Crime Witness Protection Program. Assistance shall be subject | ||||||
| 19 | to the following
limitations:
| ||||||
| 20 | (a) Funds shall be limited to payment of the following:
| ||||||
| 21 | (1) temporary living costs;
| ||||||
| 22 | (2) moving expenses;
| ||||||
| 23 | (3) rent;
| ||||||
| 24 | (4) security deposits; and
| ||||||
| |||||||
| |||||||
| 1 | (5) other appropriate expenses of relocation or | ||||||
| 2 | transition;
| ||||||
| 3 | (b) Approval of applications made by State's Attorneys | ||||||
| 4 | shall be
conditioned upon county funding for costs at a | ||||||
| 5 | level of at least 25%, unless
this requirement is waived by | ||||||
| 6 | the administrator, in accordance with adopted
rules, for | ||||||
| 7 | good cause shown;
| ||||||
| 8 | (c) Counties providing assistance consistent with the | ||||||
| 9 | limitations in this
Act may apply for reimbursement of up | ||||||
| 10 | to 75% of their costs; and
| ||||||
| 11 | (d) No more than 50% of funding available in any given | ||||||
| 12 | fiscal year may be
used for costs associated with any | ||||||
| 13 | single county; and .
| ||||||
| 14 | (e) Before the Illinois Criminal Justice Information | ||||||
| 15 | Authority distributes moneys from the Gang Crime Witness | ||||||
| 16 | Protection Program Fund as provided in this Section, it | ||||||
| 17 | shall retain 2% of those moneys for administrative | ||||||
| 18 | purposes.
| ||||||
| 19 | (Source: P.A. 98-58, eff. 7-8-13; revised 12-10-14.)
| ||||||
| 20 | Section 515. The Unified Code of Corrections is amended by | ||||||
| 21 | changing Sections 3-2.7-25, 3-2.7-50, 3-10-2, 5-6-1, 5-6-2, | ||||||
| 22 | and 5-6-3.1 as follows:
| ||||||
| 23 | (730 ILCS 5/3-2.7-25) | ||||||
| 24 | Sec. 3-2.7-25. Duties and powers. | ||||||
| |||||||
| |||||||
| 1 | (a) The Independent Juvenile Ombudsman shall function | ||||||
| 2 | independently within the Department of Juvenile Justice with | ||||||
| 3 | respect to the operations of the Office in performance of his | ||||||
| 4 | or her duties under this Article and shall report to the | ||||||
| 5 | Governor. The Ombudsman shall adopt rules and standards as may | ||||||
| 6 | be
necessary or desirable to carry out his or her duties. | ||||||
| 7 | Funding
for the Office shall be designated separately within
| ||||||
| 8 | Department funds. The Department shall provide necessary | ||||||
| 9 | administrative services and facilities to the Office of the | ||||||
| 10 | Independent Juvenile Ombudsman. | ||||||
| 11 | (b) The Office of Independent Juvenile Ombudsman shall have
| ||||||
| 12 | the following duties: | ||||||
| 13 | (1) review and monitor the implementation of the rules
| ||||||
| 14 | and standards established by the Department of Juvenile
| ||||||
| 15 | Justice and evaluate the delivery of services to youth to
| ||||||
| 16 | ensure that the rights of youth are fully observed; | ||||||
| 17 | (2) provide assistance to a youth or family whom who | ||||||
| 18 | the
Ombudsman determines is in need of assistance, | ||||||
| 19 | including
advocating with an agency, provider, or other | ||||||
| 20 | person in the
best interests of the youth; | ||||||
| 21 | (3) investigate and attempt to resolve complaints made | ||||||
| 22 | by or on behalf of youth, other than
complaints alleging | ||||||
| 23 | criminal behavior or violations of the State Officials and | ||||||
| 24 | Employees Employee Ethics Act, if the Office
determines | ||||||
| 25 | that the investigation and resolution would further the | ||||||
| 26 | purpose of the Office, and: | ||||||
| |||||||
| |||||||
| 1 | (A) a youth committed to the Department of Juvenile
| ||||||
| 2 | Justice or the youth's family is in need of
assistance | ||||||
| 3 | from the Office; or | ||||||
| 4 | (B) a systemic issue in the Department of Juvenile
| ||||||
| 5 | Justice's provision of services is raised by a
| ||||||
| 6 | complaint; | ||||||
| 7 | (4) review or inspect periodically the facilities and
| ||||||
| 8 | procedures of any facility in which a youth has been placed
| ||||||
| 9 | by the Department of Juvenile Justice to ensure that the
| ||||||
| 10 | rights of youth are fully observed; and | ||||||
| 11 | (5) be accessible to and meet confidentially and
| ||||||
| 12 | regularly with youth committed to the Department and serve
| ||||||
| 13 | as a resource by informing them of pertinent laws,
rules, | ||||||
| 14 | and policies, and their rights thereunder. | ||||||
| 15 | (c) The following cases shall be reported immediately to
| ||||||
| 16 | the Director of Juvenile Justice and the Governor: | ||||||
| 17 | (1) cases of severe abuse or injury of a youth; | ||||||
| 18 | (2) serious misconduct, misfeasance, malfeasance, or
| ||||||
| 19 | serious violations of policies and procedures concerning
| ||||||
| 20 | the administration of a Department of Juvenile Justice
| ||||||
| 21 | program or operation; | ||||||
| 22 | (3) serious problems concerning the delivery of | ||||||
| 23 | services in a facility operated by or under contract with
| ||||||
| 24 | the Department of Juvenile Justice; | ||||||
| 25 | (4) interference by the Department of Juvenile Justice
| ||||||
| 26 | with an investigation conducted by the Office; and | ||||||
| |||||||
| |||||||
| 1 | (5) other cases as deemed necessary by the Ombudsman. | ||||||
| 2 | (d) Notwithstanding any other provision of law, the
| ||||||
| 3 | Ombudsman may not investigate alleged criminal behavior or | ||||||
| 4 | violations of the State Officials and Employees Ethics Act. If | ||||||
| 5 | the
Ombudsman determines that a possible criminal act has been
| ||||||
| 6 | committed, or that special expertise is required in the
| ||||||
| 7 | investigation, he or she shall immediately notify the
| ||||||
| 8 | Department of State Police. If the Ombudsman determines that a | ||||||
| 9 | possible violation of the State Officials and Employees Ethics | ||||||
| 10 | Act has occurred, he or she shall immediately refer the | ||||||
| 11 | incident to the Office of the Governor's Executive Inspector | ||||||
| 12 | General for investigation. If the Ombudsman receives a | ||||||
| 13 | complaint from a youth or third party regarding suspected abuse | ||||||
| 14 | or neglect of a child, the Ombudsman shall refer the incident | ||||||
| 15 | to the Child Abuse and Neglect Hotline or to the State Police | ||||||
| 16 | as mandated by the Abused and Neglected Child Reporting Act. | ||||||
| 17 | Any investigation conducted by the
Ombudsman shall not be | ||||||
| 18 | duplicative and shall be separate from
any investigation | ||||||
| 19 | mandated by the Abused and Neglected Child
Reporting Act.
All | ||||||
| 20 | investigations conducted by the Ombudsman shall be
conducted in | ||||||
| 21 | a manner designed to ensure the preservation of
evidence for | ||||||
| 22 | possible use in a criminal prosecution. | ||||||
| 23 | (e) In performance of his or her duties, the
Ombudsman may: | ||||||
| 24 | (1) review court files of youth; | ||||||
| 25 | (2) recommend policies, rules, and legislation
| ||||||
| 26 | designed to protect youth; | ||||||
| |||||||
| |||||||
| 1 | (3) make appropriate referrals under any of the duties
| ||||||
| 2 | and powers listed in this Section; | ||||||
| 3 | (4) attend internal administrative and disciplinary | ||||||
| 4 | hearings to ensure the rights of youth are fully observed
| ||||||
| 5 | and advocate for the best interest of youth when deemed
| ||||||
| 6 | necessary; and | ||||||
| 7 | (5) perform other acts, otherwise permitted or | ||||||
| 8 | required by law, in furtherance of the purpose of the | ||||||
| 9 | Office. | ||||||
| 10 | (f) To assess if a youth's rights have been violated, the
| ||||||
| 11 | Ombudsman may, in any matter that does not involve alleged
| ||||||
| 12 | criminal behavior, contact or consult with an administrator,
| ||||||
| 13 | employee, youth, parent, expert, or any other individual in the
| ||||||
| 14 | course of his or her investigation or to secure information as
| ||||||
| 15 | necessary to fulfill his or her duties.
| ||||||
| 16 | (Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)
| ||||||
| 17 | (730 ILCS 5/3-2.7-50) | ||||||
| 18 | Sec. 3-2.7-50. Promotion and awareness of Office. The | ||||||
| 19 | Independent Juvenile Ombudsman shall promote awareness among | ||||||
| 20 | the public and youth of: | ||||||
| 21 | (1) the rights of youth committed to the Department; | ||||||
| 22 | (2) the purpose of the Office; | ||||||
| 23 | (3) how the Office may be contacted; | ||||||
| 24 | (4) the confidential nature of communications; and | ||||||
| 25 | (5) the services the Office provides.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)
| ||||||
| 2 | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| ||||||
| 3 | Sec. 3-10-2. Examination of Persons Committed to the | ||||||
| 4 | Department of Juvenile Justice.
| ||||||
| 5 | (a) A person committed to the Department of Juvenile | ||||||
| 6 | Justice shall be examined in
regard to his medical, | ||||||
| 7 | psychological, social, educational and vocational
condition | ||||||
| 8 | and history, including the use of alcohol and other drugs,
the | ||||||
| 9 | circumstances of his offense and any other
information as the | ||||||
| 10 | Department of Juvenile Justice may determine.
| ||||||
| 11 | (a-5) Upon admission of a person committed to the | ||||||
| 12 | Department of Juvenile Justice, the Department of Juvenile | ||||||
| 13 | Justice must provide the person with appropriate information | ||||||
| 14 | concerning HIV and AIDS in writing, verbally, or by video or | ||||||
| 15 | other electronic means. The Department of Juvenile Justice | ||||||
| 16 | shall develop the informational materials in consultation with | ||||||
| 17 | the Department of Public Health. At the same time, the | ||||||
| 18 | Department of Juvenile Justice also must offer the person the | ||||||
| 19 | option of being tested, at no charge to the person, for | ||||||
| 20 | infection with human immunodeficiency virus (HIV). Pre-test | ||||||
| 21 | information shall be provided to the committed person and | ||||||
| 22 | informed consent obtained as required in subsection (q) of | ||||||
| 23 | Section 3 and Section 5 of the AIDS Confidentiality Act. The | ||||||
| 24 | Department of Juvenile Justice may conduct opt-out HIV testing | ||||||
| 25 | as defined in Section 4 of the AIDS Confidentiality Act. If the | ||||||
| |||||||
| |||||||
| 1 | Department conducts opt-out HIV testing, the Department shall | ||||||
| 2 | place signs in English, Spanish and other languages as needed | ||||||
| 3 | in multiple, highly visible locations in the area where HIV | ||||||
| 4 | testing is conducted informing inmates that they will be tested | ||||||
| 5 | for HIV unless they refuse, and refusal or acceptance of | ||||||
| 6 | testing shall be documented in the inmate's medical record. The | ||||||
| 7 | Department shall follow procedures established by the | ||||||
| 8 | Department of Public Health to conduct HIV testing and testing | ||||||
| 9 | to confirm positive HIV test results. All testing must be | ||||||
| 10 | conducted by medical personnel, but pre-test and other | ||||||
| 11 | information may be provided by committed persons who have | ||||||
| 12 | received appropriate training. The Department, in conjunction | ||||||
| 13 | with the Department of Public Health, shall develop a plan that | ||||||
| 14 | complies with the AIDS Confidentiality Act to deliver | ||||||
| 15 | confidentially all positive or negative HIV test results to | ||||||
| 16 | inmates or former inmates. Nothing in this Section shall | ||||||
| 17 | require the Department to offer HIV testing to an inmate who is | ||||||
| 18 | known to be infected with HIV, or who has been tested for HIV | ||||||
| 19 | within the previous 180 days and whose documented HIV test | ||||||
| 20 | result is available to the Department electronically. The
| ||||||
| 21 | testing provided under this subsection (a-5) shall consist of a | ||||||
| 22 | test approved by the Illinois Department of Public Health to | ||||||
| 23 | determine the presence of HIV infection, based upon | ||||||
| 24 | recommendations of the United States Centers for Disease | ||||||
| 25 | Control and Prevention. If the test result is positive, a | ||||||
| 26 | reliable supplemental test based upon recommendations of the | ||||||
| |||||||
| |||||||
| 1 | United States Centers for Disease Control and Prevention shall | ||||||
| 2 | be
administered. | ||||||
| 3 | Also upon admission of a person committed to the Department | ||||||
| 4 | of Juvenile Justice, the Department of Juvenile Justice must | ||||||
| 5 | inform the person of the Department's obligation to provide the | ||||||
| 6 | person with medical care.
| ||||||
| 7 | (b) Based on its examination, the Department of Juvenile | ||||||
| 8 | Justice may exercise the following
powers in developing a | ||||||
| 9 | treatment program of any person committed to the Department of | ||||||
| 10 | Juvenile Justice:
| ||||||
| 11 | (1) Require participation by him in vocational, | ||||||
| 12 | physical, educational
and corrective training and | ||||||
| 13 | activities to return him to the community.
| ||||||
| 14 | (2) Place him in any institution or facility of the | ||||||
| 15 | Department of Juvenile Justice.
| ||||||
| 16 | (3) Order replacement or referral to the Parole and | ||||||
| 17 | Pardon Board as
often as it deems desirable. The Department | ||||||
| 18 | of Juvenile Justice shall refer the person to the
Parole | ||||||
| 19 | and Pardon Board as required under Section 3-3-4.
| ||||||
| 20 | (4) Enter into agreements with the Secretary of Human | ||||||
| 21 | Services and
the Director of Children and Family
Services, | ||||||
| 22 | with courts having probation officers, and with private | ||||||
| 23 | agencies
or institutions for separate care or special | ||||||
| 24 | treatment of persons subject
to the control of the | ||||||
| 25 | Department of Juvenile Justice.
| ||||||
| 26 | (c) The Department of Juvenile Justice shall make periodic | ||||||
| |||||||
| |||||||
| 1 | reexamination of all persons
under the control of the | ||||||
| 2 | Department of Juvenile Justice to determine whether existing
| ||||||
| 3 | orders in individual cases should be modified or continued. | ||||||
| 4 | This
examination shall be made with respect to every person at | ||||||
| 5 | least once
annually.
| ||||||
| 6 | (d) A record of the treatment decision including any | ||||||
| 7 | modification
thereof and the reason therefor, shall be part of | ||||||
| 8 | the committed person's
master record file.
| ||||||
| 9 | (e) The Department of Juvenile Justice shall by certified | ||||||
| 10 | mail and telephone or electronic message
notify the parent, | ||||||
| 11 | guardian or nearest relative of any person committed to
the | ||||||
| 12 | Department of Juvenile Justice of his or her physical location | ||||||
| 13 | and any change thereof.
| ||||||
| 14 | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | ||||||
| 15 | 97-813, eff. 7-13-12; 98-689, eff. 1-1-15; 98-1046, eff. | ||||||
| 16 | 1-1-15; revised 10-1-14.)
| ||||||
| 17 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
| 18 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
| 19 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
| 20 | finds that in order to protect the public, the
criminal justice | ||||||
| 21 | system must compel compliance with the conditions of probation
| ||||||
| 22 | by responding to violations with swift, certain and fair | ||||||
| 23 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
| 24 | circuit shall adopt a system of
structured, intermediate | ||||||
| 25 | sanctions for violations of the terms and conditions
of a | ||||||
| |||||||
| |||||||
| 1 | sentence of probation, conditional discharge or disposition of
| ||||||
| 2 | supervision.
| ||||||
| 3 | (a) Except where specifically prohibited by other
| ||||||
| 4 | provisions of this Code, the court shall impose a sentence
of | ||||||
| 5 | probation or conditional discharge upon an offender
unless, | ||||||
| 6 | having regard to the nature and circumstance of
the offense, | ||||||
| 7 | and to the history, character and condition
of the offender, | ||||||
| 8 | the court is of the opinion that:
| ||||||
| 9 | (1) his imprisonment or periodic imprisonment is | ||||||
| 10 | necessary
for the protection of the public; or
| ||||||
| 11 | (2) probation or conditional discharge would deprecate
| ||||||
| 12 | the seriousness of the offender's conduct and would be
| ||||||
| 13 | inconsistent with the ends of justice; or
| ||||||
| 14 | (3) a combination of imprisonment with concurrent or | ||||||
| 15 | consecutive probation when an offender has been admitted | ||||||
| 16 | into a drug court program under Section 20 of the Drug | ||||||
| 17 | Court Treatment Act is necessary for the protection of the | ||||||
| 18 | public and for the rehabilitation of the offender.
| ||||||
| 19 | The court shall impose as a condition of a sentence of | ||||||
| 20 | probation,
conditional discharge, or supervision, that the | ||||||
| 21 | probation agency may invoke any
sanction from the list of | ||||||
| 22 | intermediate sanctions adopted by the chief judge of
the | ||||||
| 23 | circuit court for violations of the terms and conditions of the | ||||||
| 24 | sentence of
probation, conditional discharge, or supervision, | ||||||
| 25 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
| 26 | (b) The court may impose a sentence of conditional
| ||||||
| |||||||
| |||||||
| 1 | discharge for an offense if the court is of the opinion
that | ||||||
| 2 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
| 3 | nor of probation supervision is appropriate.
| ||||||
| 4 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
| 5 | to a defendant charged with a misdemeanor or felony under the | ||||||
| 6 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
| 7 | the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 8 | defendant within the past 12 months has been convicted of or | ||||||
| 9 | pleaded guilty to a misdemeanor or felony under the Illinois | ||||||
| 10 | Vehicle Code or reckless homicide under Section 9-3 of the | ||||||
| 11 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 12 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
| 13 | by the defendant of the facts supporting the charge or a
| ||||||
| 14 | finding of guilt, defer further proceedings and the
imposition | ||||||
| 15 | of a sentence, and enter an order for supervision of the | ||||||
| 16 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
| 17 | misdemeanor, as
defined by the following provisions of the | ||||||
| 18 | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| ||||||
| 19 | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | ||||||
| 20 | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||||||
| 21 | paragraph (1) through (5), (8), (10), and (11) of subsection | ||||||
| 22 | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||||||
| 23 | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||||||
| 24 | Act; or (iii)
a felony.
If the defendant
is not barred from | ||||||
| 25 | receiving an order for supervision as provided in this
| ||||||
| 26 | subsection, the court may enter an order for supervision after | ||||||
| |||||||
| |||||||
| 1 | considering the
circumstances of the offense, and the history,
| ||||||
| 2 | character and condition of the offender, if the court is of the | ||||||
| 3 | opinion
that:
| ||||||
| 4 | (1) the offender is not likely to commit further | ||||||
| 5 | crimes;
| ||||||
| 6 | (2) the defendant and the public would be best served | ||||||
| 7 | if the
defendant were not to receive a criminal record; and
| ||||||
| 8 | (3) in the best interests of justice an order of | ||||||
| 9 | supervision
is more appropriate than a sentence otherwise | ||||||
| 10 | permitted under this Code.
| ||||||
| 11 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
| 12 | apply to a defendant charged with a second or subsequent | ||||||
| 13 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
| 14 | committed while his or her driver's license, permit or | ||||||
| 15 | privileges were revoked because of a violation of Section 9-3 | ||||||
| 16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 17 | relating to the offense of reckless homicide, or a similar | ||||||
| 18 | provision of a law of another state.
| ||||||
| 19 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
| 20 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
| 21 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
| 22 | the defendant has previously been:
| ||||||
| 23 | (1) convicted for a violation of Section 11-501 of
the | ||||||
| 24 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
| 25 | ordinance or any similar law or ordinance of another state; | ||||||
| 26 | or
| ||||||
| |||||||
| |||||||
| 1 | (2) assigned supervision for a violation of Section | ||||||
| 2 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
| 3 | of a local ordinance or any similar law
or ordinance of | ||||||
| 4 | another state; or
| ||||||
| 5 | (3) pleaded guilty to or stipulated to the facts | ||||||
| 6 | supporting
a charge or a finding of guilty to a violation | ||||||
| 7 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
| 8 | provision of a local ordinance or any
similar law or | ||||||
| 9 | ordinance of another state, and the
plea or stipulation was | ||||||
| 10 | the result of a plea agreement.
| ||||||
| 11 | The court shall consider the statement of the prosecuting
| ||||||
| 12 | authority with regard to the standards set forth in this | ||||||
| 13 | Section.
| ||||||
| 14 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
| 15 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
| 16 | Criminal Code of 1961 or the Criminal Code of 2012 if said
| ||||||
| 17 | defendant has within the last 5 years been:
| ||||||
| 18 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
| 19 | of the Criminal Code of
1961 or the Criminal Code of 2012; | ||||||
| 20 | or
| ||||||
| 21 | (2) assigned supervision for a violation of Section | ||||||
| 22 | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||||||
| 23 | Code of 2012.
| ||||||
| 24 | The court shall consider the statement of the prosecuting | ||||||
| 25 | authority with
regard to the standards set forth in this | ||||||
| 26 | Section.
| ||||||
| |||||||
| |||||||
| 1 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
| 2 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
| 3 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
| 4 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
| 5 | similar provision of a local ordinance.
| ||||||
| 6 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
| 7 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
| 8 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
| 9 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
| 10 | of a local ordinance if the
defendant has within the last 5 | ||||||
| 11 | years been:
| ||||||
| 12 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
| 13 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
| 14 | provision of a local
ordinance; or
| ||||||
| 15 | (2) assigned supervision for a violation of Section | ||||||
| 16 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
| 17 | Code or a similar provision of a local
ordinance.
| ||||||
| 18 | The court shall consider the statement of the prosecuting | ||||||
| 19 | authority with
regard to the standards set forth in this | ||||||
| 20 | Section.
| ||||||
| 21 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
| 22 | defendant under
the age of 21 years charged with violating a | ||||||
| 23 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
| 24 | Illinois Vehicle Code:
| ||||||
| 25 | (1) unless the defendant, upon payment of the fines, | ||||||
| 26 | penalties, and costs
provided by law, agrees to attend and | ||||||
| |||||||
| |||||||
| 1 | successfully complete a traffic safety
program approved by | ||||||
| 2 | the court under standards set by the Conference of Chief
| ||||||
| 3 | Circuit Judges. The accused shall be responsible for | ||||||
| 4 | payment of any traffic
safety program fees. If the accused | ||||||
| 5 | fails to file a certificate of
successful completion on or | ||||||
| 6 | before the termination date of the supervision
order, the | ||||||
| 7 | supervision shall be summarily revoked and conviction | ||||||
| 8 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
| 9 | to pleas of guilty do not apply
in cases when a defendant | ||||||
| 10 | enters a guilty plea under this provision; or
| ||||||
| 11 | (2) if the defendant has previously been sentenced | ||||||
| 12 | under the provisions of
paragraph (c) on or after January | ||||||
| 13 | 1, 1998 for any serious traffic offense as
defined in | ||||||
| 14 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
| 15 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
| 16 | defendant under the age of 21 years charged with an offense | ||||||
| 17 | against traffic regulations governing the movement of vehicles | ||||||
| 18 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
| 19 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
| 20 | the fines, penalties, and costs provided by law, agrees to | ||||||
| 21 | attend and successfully complete a traffic safety program | ||||||
| 22 | approved by the court under standards set by the Conference of | ||||||
| 23 | Chief Circuit Judges. The accused shall be responsible for | ||||||
| 24 | payment of any traffic safety program fees. If the accused | ||||||
| 25 | fails to file a certificate of successful completion on or | ||||||
| 26 | before the termination date of the supervision order, the | ||||||
| |||||||
| |||||||
| 1 | supervision shall be summarily revoked and conviction entered. | ||||||
| 2 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
| 3 | guilty do not apply in cases when a defendant enters a guilty | ||||||
| 4 | plea under this provision.
| ||||||
| 5 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
| 6 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
| 7 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
| 8 | defendant has been assigned supervision
for a violation of | ||||||
| 9 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
| 10 | provision of a local ordinance.
| ||||||
| 11 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
| 12 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
| 13 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
| 14 | the revocation or suspension was for a violation of
Section | ||||||
| 15 | 11-501 or a similar provision of a local ordinance or a | ||||||
| 16 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
| 17 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
| 18 | the last 10 years been:
| ||||||
| 19 | (1) convicted for a violation of Section 6-303 of the | ||||||
| 20 | Illinois Vehicle
Code or a similar provision of a local | ||||||
| 21 | ordinance; or
| ||||||
| 22 | (2) assigned supervision for a violation of Section | ||||||
| 23 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
| 24 | of a local ordinance. | ||||||
| 25 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
| 26 | defendant charged with violating
any provision of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code or a similar provision of a local ordinance that | ||||||
| 2 | governs the movement of vehicles if, within the 12 months | ||||||
| 3 | preceding the date of the defendant's arrest, the defendant has | ||||||
| 4 | been assigned court supervision on 2 occasions for a violation | ||||||
| 5 | that governs the movement of vehicles under the Illinois | ||||||
| 6 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
| 7 | provisions of this paragraph (k) do not apply to a defendant | ||||||
| 8 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
| 9 | Code or a similar provision of a local ordinance.
| ||||||
| 10 | (l) A defendant charged with violating any provision of the | ||||||
| 11 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 12 | ordinance who receives a disposition of supervision under | ||||||
| 13 | subsection (c) shall pay an additional fee of $29, to be | ||||||
| 14 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
| 15 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
| 16 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
| 17 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
| 18 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
| 19 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
| 20 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
| 21 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
| 22 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
| 23 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
| 24 | and Equipment Fund in the State treasury.
| ||||||
| 25 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
| 26 | on supervision for a serious traffic violation, as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
| 2 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
| 3 | a similar provision of a local ordinance shall pay an | ||||||
| 4 | additional fee of $35, to be disbursed as provided in Section | ||||||
| 5 | 16-104d of that Code. | ||||||
| 6 | This subsection (m) becomes inoperative on January 1, 2020.
| ||||||
| 7 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
| 8 | person under the age of 18 who commits an offense against | ||||||
| 9 | traffic regulations governing the movement of vehicles or any | ||||||
| 10 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
| 11 | Vehicle Code, except upon personal appearance of the defendant | ||||||
| 12 | in court and upon the written consent of the defendant's parent | ||||||
| 13 | or legal guardian, executed before the presiding judge. The | ||||||
| 14 | presiding judge shall have the authority to waive this | ||||||
| 15 | requirement upon the showing of good cause by the defendant.
| ||||||
| 16 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
| 17 | defendant charged with violating Section 6-303 of the Illinois | ||||||
| 18 | Vehicle Code or a similar provision of a local ordinance when | ||||||
| 19 | the suspension was for a violation of Section 11-501.1 of the | ||||||
| 20 | Illinois Vehicle Code and when: | ||||||
| 21 | (1) at the time of the violation of Section 11-501.1 of | ||||||
| 22 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 23 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 24 | Code and the defendant failed to obtain a monitoring device | ||||||
| 25 | driving permit; or | ||||||
| 26 | (2) at the time of the violation of Section 11-501.1 of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Vehicle Code, the defendant was a first | ||||||
| 2 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
| 3 | Code, had subsequently obtained a monitoring device | ||||||
| 4 | driving permit, but was driving a vehicle not equipped with | ||||||
| 5 | a breath alcohol ignition interlock device as defined in | ||||||
| 6 | Section 1-129.1 of the Illinois Vehicle Code.
| ||||||
| 7 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
| 8 | defendant charged with violating Section 11-601.5 of the | ||||||
| 9 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 10 | ordinance. | ||||||
| 11 | (q) The provisions of paragraph (c) shall not apply to a | ||||||
| 12 | defendant charged with violating subsection (b) of Section | ||||||
| 13 | 11-601 of the Illinois Vehicle Code when the defendant was | ||||||
| 14 | operating a vehicle, in an urban district, at a speed in excess | ||||||
| 15 | of 25 miles per hour over the posted speed limit. | ||||||
| 16 | (r) The provisions of paragraph (c) shall not apply to a | ||||||
| 17 | defendant charged with violating any provision of the Illinois | ||||||
| 18 | Vehicle Code or a similar provision of a local ordinance if the | ||||||
| 19 | violation was the proximate cause of the death of another and | ||||||
| 20 | the defendant's driving abstract contains a prior conviction or | ||||||
| 21 | disposition of court supervision for any violation of the | ||||||
| 22 | Illinois Vehicle Code, other than an equipment violation, or a | ||||||
| 23 | suspension, revocation, or cancellation of the driver's | ||||||
| 24 | license. | ||||||
| 25 | (s) The provisions of paragraph (c) shall not apply to a | ||||||
| 26 | defendant charged
with violating subsection (i) of Section 70 | ||||||
| |||||||
| |||||||
| 1 | of the Firearm Concealed Carry Act. | ||||||
| 2 | (Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||||||
| 3 | 97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff. | ||||||
| 4 | 1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899, | ||||||
| 5 | eff. 8-15-14; revised 10-1-14.)
| ||||||
| 6 | (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
| ||||||
| 7 | Sec. 5-6-2. Incidents of Probation and of Conditional | ||||||
| 8 | Discharge.
| ||||||
| 9 | (a) When an offender is sentenced to probation or | ||||||
| 10 | conditional discharge,
the court shall impose a period as | ||||||
| 11 | provided in Article 4.5 of Chapter V, and
shall specify the | ||||||
| 12 | conditions under Section 5-6-3.
| ||||||
| 13 | (b) Multiple terms of probation imposed at the same time | ||||||
| 14 | shall run
concurrently.
| ||||||
| 15 | (c) The court may at any time terminate probation or | ||||||
| 16 | conditional
discharge if warranted by the conduct of the | ||||||
| 17 | offender and the ends of
justice, as provided in Section 5-6-4.
| ||||||
| 18 | (c-1) For purposes of this subsection (c-1), a "violent | ||||||
| 19 | offense" means an offense in which bodily harm is inflicted or | ||||||
| 20 | force is used against any person or threatened against any | ||||||
| 21 | person; an offense involving sexual conduct, sexual | ||||||
| 22 | penetration, or sexual exploitation; an offense involving | ||||||
| 23 | domestic violence; an offense of domestic battery, violation of | ||||||
| 24 | an order of protection, stalking, or hate crime; an offense of | ||||||
| 25 | driving under the influence of drugs or alcohol; or an offense | ||||||
| |||||||
| |||||||
| 1 | involving the possession of a firearm or dangerous weapon. An | ||||||
| 2 | offender, other than an offender sentenced on a violent | ||||||
| 3 | offense, shall be entitled to a time credit toward the | ||||||
| 4 | completion of the offender's probation or conditional | ||||||
| 5 | discharge as follows: | ||||||
| 6 | (1) For obtaining a high school diploma or GED: 90 | ||||||
| 7 | days. | ||||||
| 8 | (2) For obtaining an associate's degree, career | ||||||
| 9 | certificate, or vocational technical certification: 120 | ||||||
| 10 | days. | ||||||
| 11 | (3) For obtaining a bachelor's degree: 180 days. | ||||||
| 12 | An offender's supervising officer shall promptly and as | ||||||
| 13 | soon as practicable notify the court of the offender's right to | ||||||
| 14 | time credits under this subsection (c-1). Upon receipt of this | ||||||
| 15 | notification, the court shall enter an order modifying the | ||||||
| 16 | offender's remaining period of probation or conditional | ||||||
| 17 | discharge to reflect the time credit earned. If, before the | ||||||
| 18 | expiration of the original period or a reduced period of | ||||||
| 19 | probation or conditional discharge, the court, after a hearing | ||||||
| 20 | under Section 5-6-4 of this Code, finds that an offender | ||||||
| 21 | violated one or more conditions of probation or conditional | ||||||
| 22 | discharge, the court may order that some or all of the time | ||||||
| 23 | credit to which the offender is entitled under this Section be | ||||||
| 24 | forfeited. | ||||||
| 25 | (d) Upon the expiration or termination of the period of | ||||||
| 26 | probation or
of conditional discharge, the court shall enter an | ||||||
| |||||||
| |||||||
| 1 | order discharging the
offender.
| ||||||
| 2 | (e) The court may extend any period of probation or | ||||||
| 3 | conditional
discharge beyond the limits set forth in Article | ||||||
| 4 | 4.5 of Chapter V
upon
a violation of a condition of the | ||||||
| 5 | probation or conditional discharge, for the
payment of an | ||||||
| 6 | assessment required by Section 10.3 of the
Cannabis Control | ||||||
| 7 | Act, Section 411.2 of the Illinois Controlled
Substances Act, | ||||||
| 8 | or Section 80 of the Methamphetamine Control and Community | ||||||
| 9 | Protection Act, or for the payment of restitution as
provided | ||||||
| 10 | by an order of restitution under Section 5-5-6 of this Code. | ||||||
| 11 | (e-5) If payment of restitution as ordered has not been | ||||||
| 12 | made, the victim shall file a
petition notifying the sentencing | ||||||
| 13 | court, any other person to whom restitution is owed, and
the | ||||||
| 14 | State's Attorney of the status of the ordered restitution | ||||||
| 15 | payments unpaid at least 90
days before the probation or | ||||||
| 16 | conditional discharge expiration date. If payment as ordered | ||||||
| 17 | has not been made, the
court shall hold a review hearing prior | ||||||
| 18 | to the expiration date, unless the hearing
is voluntarily | ||||||
| 19 | waived by the defendant with the knowledge that waiver may | ||||||
| 20 | result in an
extension of the probation or conditional | ||||||
| 21 | discharge period or in a revocation of probation or conditional | ||||||
| 22 | discharge. If the court does not
extend probation or | ||||||
| 23 | conditional discharge, it shall issue a judgment for the unpaid | ||||||
| 24 | restitution and direct the clerk
of the circuit court to file | ||||||
| 25 | and enter the judgment in the judgment and lien docket, without
| ||||||
| 26 | fee, unless it finds that the victim has recovered a judgment | ||||||
| |||||||
| |||||||
| 1 | against the
defendant for the amount covered by the restitution | ||||||
| 2 | order. If the court issues a
judgment for the unpaid | ||||||
| 3 | restitution, the court shall send to the defendant at his or | ||||||
| 4 | her last known
address written notification that a civil | ||||||
| 5 | judgment has been issued for the unpaid
restitution. | ||||||
| 6 | (f) The court may impose a term of probation that is | ||||||
| 7 | concurrent or consecutive to a term of imprisonment so long as | ||||||
| 8 | the maximum term imposed does not exceed the maximum term | ||||||
| 9 | provided under Article 4.5 of Chapter V or Article 8 of this | ||||||
| 10 | Chapter. The court may provide that probation may commence | ||||||
| 11 | while an offender is on mandatory supervised release, | ||||||
| 12 | participating in a day release program, or being monitored by | ||||||
| 13 | an electronic monitoring device.
| ||||||
| 14 | (g) The court may extend a term of probation or conditional | ||||||
| 15 | discharge that was concurrent to, consecutive to, or otherwise | ||||||
| 16 | interrupted by a term of imprisonment for the purpose of | ||||||
| 17 | providing additional time to complete an order of restitution. | ||||||
| 18 | (Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15; | ||||||
| 19 | 98-1114, eff. 8-26-14; revised 10-1-14.)
| ||||||
| 20 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
| 21 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
| 22 | (a) When a defendant is placed on supervision, the court | ||||||
| 23 | shall enter
an order for supervision specifying the period of | ||||||
| 24 | such supervision, and
shall defer further proceedings in the | ||||||
| 25 | case until the conclusion of the
period.
| ||||||
| |||||||
| |||||||
| 1 | (b) The period of supervision shall be reasonable under all | ||||||
| 2 | of the
circumstances of the case, but may not be longer than 2 | ||||||
| 3 | years, unless the
defendant has failed to pay the assessment | ||||||
| 4 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
| 5 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
| 6 | of the Methamphetamine Control and Community Protection Act, in | ||||||
| 7 | which case the court may extend supervision beyond 2 years.
| ||||||
| 8 | Additionally, the court shall order the defendant to perform no | ||||||
| 9 | less than 30
hours of community service and not more than 120 | ||||||
| 10 | hours of community service, if
community service is available | ||||||
| 11 | in the
jurisdiction and is funded and approved by the county | ||||||
| 12 | board where the offense
was committed,
when the offense (1) was
| ||||||
| 13 | related to or in furtherance of the criminal activities of an | ||||||
| 14 | organized gang or
was motivated by the defendant's membership | ||||||
| 15 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
| 16 | any Section of Article 24 of the Criminal
Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012 where a disposition of supervision is not | ||||||
| 18 | prohibited by Section
5-6-1 of this Code.
The
community service | ||||||
| 19 | shall include, but not be limited to, the cleanup and repair
of | ||||||
| 20 | any damage caused by violation of Section 21-1.3 of the | ||||||
| 21 | Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||||||
| 22 | damages to property located within the municipality or county
| ||||||
| 23 | in which the violation occurred. Where possible and reasonable, | ||||||
| 24 | the community
service should be performed in the offender's | ||||||
| 25 | neighborhood.
| ||||||
| 26 | For the purposes of this
Section, "organized gang" has the | ||||||
| |||||||
| |||||||
| 1 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
| 2 | Terrorism Omnibus Prevention Act.
| ||||||
| 3 | (c) The court may in addition to other reasonable | ||||||
| 4 | conditions
relating to the nature of the offense or the | ||||||
| 5 | rehabilitation of the
defendant as determined for each | ||||||
| 6 | defendant in the proper discretion of
the court require that | ||||||
| 7 | the person:
| ||||||
| 8 | (1) make a report to and appear in person before or | ||||||
| 9 | participate with
the court or such courts, person, or | ||||||
| 10 | social service agency as directed
by the court in the order | ||||||
| 11 | of supervision;
| ||||||
| 12 | (2) pay a fine and costs;
| ||||||
| 13 | (3) work or pursue a course of study or vocational | ||||||
| 14 | training;
| ||||||
| 15 | (4) undergo medical, psychological or psychiatric | ||||||
| 16 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
| 17 | (5) attend or reside in a facility established for the | ||||||
| 18 | instruction
or residence of defendants on probation;
| ||||||
| 19 | (6) support his dependents;
| ||||||
| 20 | (7) refrain from possessing a firearm or other | ||||||
| 21 | dangerous weapon;
| ||||||
| 22 | (8) and in addition, if a minor:
| ||||||
| 23 | (i) reside with his parents or in a foster home;
| ||||||
| 24 | (ii) attend school;
| ||||||
| 25 | (iii) attend a non-residential program for youth;
| ||||||
| 26 | (iv) contribute to his own support at home or in a | ||||||
| |||||||
| |||||||
| 1 | foster home; or
| ||||||
| 2 | (v) with the consent of the superintendent of the
| ||||||
| 3 | facility, attend an educational program at a facility | ||||||
| 4 | other than the school
in which the
offense was | ||||||
| 5 | committed if he
or she is placed on supervision for a | ||||||
| 6 | crime of violence as
defined in
Section 2 of the Crime | ||||||
| 7 | Victims Compensation Act committed in a school, on the
| ||||||
| 8 | real
property
comprising a school, or within 1,000 feet | ||||||
| 9 | of the real property comprising a
school;
| ||||||
| 10 | (9) make restitution or reparation in an amount not to | ||||||
| 11 | exceed actual
loss or damage to property and pecuniary loss | ||||||
| 12 | or make restitution under Section
5-5-6 to a domestic | ||||||
| 13 | violence shelter. The court shall
determine the amount and | ||||||
| 14 | conditions of payment;
| ||||||
| 15 | (10) perform some reasonable public or community | ||||||
| 16 | service;
| ||||||
| 17 | (11) comply with the terms and conditions of an order | ||||||
| 18 | of protection
issued by the court pursuant to the Illinois | ||||||
| 19 | Domestic Violence Act of 1986 or
an order of protection | ||||||
| 20 | issued by the court of another state, tribe, or United
| ||||||
| 21 | States territory.
If the court has ordered the defendant to | ||||||
| 22 | make a report and appear in
person under paragraph (1) of | ||||||
| 23 | this subsection, a copy of the order of
protection shall be | ||||||
| 24 | transmitted to the person or agency so designated
by the | ||||||
| 25 | court;
| ||||||
| 26 | (12) reimburse any "local anti-crime program" as | ||||||
| |||||||
| |||||||
| 1 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
| 2 | for any reasonable expenses incurred by the
program on the | ||||||
| 3 | offender's case, not to exceed the maximum amount of the
| ||||||
| 4 | fine authorized for the offense for which the defendant was | ||||||
| 5 | sentenced;
| ||||||
| 6 | (13) contribute a reasonable sum of money, not to
| ||||||
| 7 | exceed the maximum amount of the fine authorized for the | ||||||
| 8 | offense for which
the defendant was sentenced, (i) to a | ||||||
| 9 | "local anti-crime program", as defined
in Section 7 of the | ||||||
| 10 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 11 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 12 | the fund established by the Department of Natural Resources | ||||||
| 13 | for the purchase of evidence for investigation purposes and | ||||||
| 14 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 15 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 16 | (14) refrain from entering into a designated | ||||||
| 17 | geographic area except
upon such terms as the court finds | ||||||
| 18 | appropriate. Such terms may include
consideration of the | ||||||
| 19 | purpose of the entry, the time of day, other persons
| ||||||
| 20 | accompanying the defendant, and advance approval by a | ||||||
| 21 | probation officer;
| ||||||
| 22 | (15) refrain from having any contact, directly or | ||||||
| 23 | indirectly, with
certain specified persons or particular | ||||||
| 24 | types of person, including but not
limited to members of | ||||||
| 25 | street gangs and drug users or dealers;
| ||||||
| 26 | (16) refrain from having in his or her body the | ||||||
| |||||||
| |||||||
| 1 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 2 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 3 | Methamphetamine Control and Community Protection Act, | ||||||
| 4 | unless prescribed by a physician, and submit samples of
his | ||||||
| 5 | or her blood or urine or both for tests to determine the | ||||||
| 6 | presence of any
illicit drug;
| ||||||
| 7 | (17) refrain from operating any motor vehicle not | ||||||
| 8 | equipped with an
ignition interlock device as defined in | ||||||
| 9 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
| 10 | condition the court may allow a defendant who is not
| ||||||
| 11 | self-employed to operate a vehicle owned by the defendant's | ||||||
| 12 | employer that is
not equipped with an ignition interlock | ||||||
| 13 | device in the course and scope of the
defendant's | ||||||
| 14 | employment; and
| ||||||
| 15 | (18) if placed on supervision for a sex offense as | ||||||
| 16 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
| 17 | unless the offender is a parent or guardian of the person | ||||||
| 18 | under 18 years of age present in the home and no | ||||||
| 19 | non-familial minors are present, not participate in a | ||||||
| 20 | holiday event involving
children
under 18 years of age, | ||||||
| 21 | such as distributing candy or other items to children on
| ||||||
| 22 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
| 23 | Christmas, being employed as a
department store Santa | ||||||
| 24 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
| 25 | Easter. | ||||||
| 26 | (c-5) If payment of restitution as ordered has not been | ||||||
| |||||||
| |||||||
| 1 | made, the victim shall file a
petition notifying the sentencing | ||||||
| 2 | court, any other person to whom restitution is owed, and
the | ||||||
| 3 | State's Attorney of the status of the ordered restitution | ||||||
| 4 | payments unpaid at least 90
days before the supervision | ||||||
| 5 | expiration date. If payment as ordered has not been made, the
| ||||||
| 6 | court shall hold a review hearing prior to the expiration date, | ||||||
| 7 | unless the hearing
is voluntarily waived by the defendant with | ||||||
| 8 | the knowledge that waiver may result in an
extension of the | ||||||
| 9 | supervision period or in a revocation of supervision. If the | ||||||
| 10 | court does not
extend supervision, it shall issue a judgment | ||||||
| 11 | for the unpaid restitution and direct the clerk
of the circuit | ||||||
| 12 | court to file and enter the judgment in the judgment and lien | ||||||
| 13 | docket, without
fee, unless it finds that the victim has | ||||||
| 14 | recovered a judgment against the
defendant for the amount | ||||||
| 15 | covered by the restitution order. If the court issues a
| ||||||
| 16 | judgment for the unpaid restitution, the court shall send to | ||||||
| 17 | the defendant at his or her last known
address written | ||||||
| 18 | notification that a civil judgment has been issued for the | ||||||
| 19 | unpaid
restitution. | ||||||
| 20 | (d) The court shall defer entering any judgment on the | ||||||
| 21 | charges
until the conclusion of the supervision.
| ||||||
| 22 | (e) At the conclusion of the period of supervision, if the | ||||||
| 23 | court
determines that the defendant has successfully complied | ||||||
| 24 | with all of the
conditions of supervision, the court shall | ||||||
| 25 | discharge the defendant and
enter a judgment dismissing the | ||||||
| 26 | charges.
| ||||||
| |||||||
| |||||||
| 1 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
| 2 | a
disposition of supervision shall be deemed without | ||||||
| 3 | adjudication of guilt
and shall not be termed a conviction for | ||||||
| 4 | purposes of disqualification or
disabilities imposed by law | ||||||
| 5 | upon conviction of a crime. Two years after the
discharge and | ||||||
| 6 | dismissal under this Section, unless the disposition of
| ||||||
| 7 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
| 8 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
| 9 | similar
provision of a local ordinance, or for a violation of | ||||||
| 10 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||||||
| 11 | or the Criminal Code of 2012, in which case it shall be 5
years | ||||||
| 12 | after discharge and dismissal, a person may have his record
of | ||||||
| 13 | arrest sealed or expunged as may be provided by law. However, | ||||||
| 14 | any
defendant placed on supervision before January 1, 1980, may | ||||||
| 15 | move for
sealing or expungement of his arrest record, as | ||||||
| 16 | provided by law, at any
time after discharge and dismissal | ||||||
| 17 | under this Section.
A person placed on supervision for a sexual | ||||||
| 18 | offense committed against a minor
as defined in clause | ||||||
| 19 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||||||
| 20 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
| 21 | or a
similar provision of a local ordinance
shall not have his | ||||||
| 22 | or her record of arrest sealed or expunged.
| ||||||
| 23 | (g) A defendant placed on supervision and who during the | ||||||
| 24 | period of
supervision undergoes mandatory drug or alcohol | ||||||
| 25 | testing, or both, or is
assigned to be placed on an approved | ||||||
| 26 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
| |||||||
| |||||||
| 1 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
| 2 | and costs incidental to such approved electronic
monitoring in | ||||||
| 3 | accordance with the defendant's ability to pay those costs.
The | ||||||
| 4 | county board with the concurrence of the Chief Judge of the | ||||||
| 5 | judicial
circuit in which the county is located shall establish | ||||||
| 6 | reasonable fees for
the cost of maintenance, testing, and | ||||||
| 7 | incidental expenses related to the
mandatory drug or alcohol | ||||||
| 8 | testing, or both, and all costs incidental to
approved | ||||||
| 9 | electronic monitoring, of all defendants placed on | ||||||
| 10 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
| 11 | form of an
administrative order.
The fees shall be collected by | ||||||
| 12 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
| 13 | shall pay all moneys collected from these fees to the county
| ||||||
| 14 | treasurer who shall use the moneys collected to defray the | ||||||
| 15 | costs of
drug testing, alcohol testing, and electronic | ||||||
| 16 | monitoring.
The county treasurer shall deposit the fees | ||||||
| 17 | collected in the
county working cash fund under Section 6-27001 | ||||||
| 18 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
| 19 | (h) A disposition of supervision is a final order for the | ||||||
| 20 | purposes
of appeal.
| ||||||
| 21 | (i) The court shall impose upon a defendant placed on | ||||||
| 22 | supervision
after January 1, 1992 or to community service under | ||||||
| 23 | the supervision of a
probation or court services department | ||||||
| 24 | after January 1, 2004, as a condition
of supervision or | ||||||
| 25 | supervised community service, a fee of $50 for
each month of | ||||||
| 26 | supervision or supervised community service ordered by the
| ||||||
| |||||||
| |||||||
| 1 | court, unless after
determining the inability of the person | ||||||
| 2 | placed on supervision or supervised
community service to pay | ||||||
| 3 | the
fee, the court assesses a lesser fee. The court may not | ||||||
| 4 | impose the fee on a
minor who is made a ward of the State under | ||||||
| 5 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
| 6 | The fee shall be imposed only upon a
defendant who is actively | ||||||
| 7 | supervised by the
probation and court services
department. The | ||||||
| 8 | fee shall be collected by the clerk of the circuit court.
The | ||||||
| 9 | clerk of the circuit court shall pay all monies collected from | ||||||
| 10 | this fee
to the county treasurer for deposit in the probation | ||||||
| 11 | and court services
fund pursuant to Section 15.1 of the | ||||||
| 12 | Probation and
Probation Officers Act.
| ||||||
| 13 | A circuit court may not impose a probation fee in excess of | ||||||
| 14 | $25
per month unless the circuit court has adopted, by | ||||||
| 15 | administrative
order issued by the chief judge, a standard | ||||||
| 16 | probation fee guide
determining an offender's ability to pay. | ||||||
| 17 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
| 18 | that fee
collected per month may be used to provide services to | ||||||
| 19 | crime victims
and their families. | ||||||
| 20 | The Court may only waive probation fees based on an | ||||||
| 21 | offender's ability to pay. The probation department may | ||||||
| 22 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 23 | with the approval of the Director of Court Services or the | ||||||
| 24 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 25 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 26 | offender that has been assigned to the supervision of a | ||||||
| |||||||
| |||||||
| 1 | probation department, or has been transferred either under | ||||||
| 2 | subsection (h) of this Section or under any interstate compact, | ||||||
| 3 | shall be required to pay probation fees to the department | ||||||
| 4 | supervising the offender, based on the offender's ability to | ||||||
| 5 | pay.
| ||||||
| 6 | (j) All fines and costs imposed under this Section for any
| ||||||
| 7 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 8 | Code, or a
similar provision of a local ordinance, and any | ||||||
| 9 | violation of the Child
Passenger Protection Act, or a similar | ||||||
| 10 | provision of a local ordinance, shall
be collected and | ||||||
| 11 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
| 12 | of the Clerks of Courts Act.
| ||||||
| 13 | (k) A defendant at least 17 years of age who is placed on | ||||||
| 14 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
| 15 | inhabitants
and who has not been previously convicted of a | ||||||
| 16 | misdemeanor or felony
may as a condition of his or her | ||||||
| 17 | supervision be required by the court to
attend educational | ||||||
| 18 | courses designed to prepare the defendant for a high school
| ||||||
| 19 | diploma and to work toward a high school diploma or to work | ||||||
| 20 | toward passing high school equivalency testing or to work
| ||||||
| 21 | toward completing a vocational training program approved by the | ||||||
| 22 | court. The
defendant placed on supervision must attend a public | ||||||
| 23 | institution of education
to obtain the educational or | ||||||
| 24 | vocational training required by this subsection
(k). The | ||||||
| 25 | defendant placed on supervision shall be required to pay for | ||||||
| 26 | the cost
of the educational courses or high school equivalency | ||||||
| |||||||
| |||||||
| 1 | testing if a fee is charged for those courses
or testing. The | ||||||
| 2 | court shall revoke the supervision of a person who wilfully | ||||||
| 3 | fails
to comply with this subsection (k). The court shall | ||||||
| 4 | resentence the defendant
upon revocation of supervision as | ||||||
| 5 | provided in Section 5-6-4. This subsection
(k) does not apply | ||||||
| 6 | to a defendant who has a high school diploma or has
| ||||||
| 7 | successfully passed high school equivalency testing. This | ||||||
| 8 | subsection (k) does not apply to a
defendant who is determined | ||||||
| 9 | by the court to be developmentally disabled or
otherwise | ||||||
| 10 | mentally incapable of completing the
educational or vocational | ||||||
| 11 | program.
| ||||||
| 12 | (l) The court shall require a defendant placed on | ||||||
| 13 | supervision for
possession of a substance
prohibited by the | ||||||
| 14 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
| 15 | or the Methamphetamine Control and Community Protection Act
| ||||||
| 16 | after a previous conviction or disposition of supervision for | ||||||
| 17 | possession of a
substance prohibited by the Cannabis Control | ||||||
| 18 | Act, the Illinois Controlled
Substances Act, or the | ||||||
| 19 | Methamphetamine Control and Community Protection Act or a | ||||||
| 20 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
| 21 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
| 22 | and after a finding by the court that the person is addicted, | ||||||
| 23 | to undergo
treatment at a substance abuse program approved by | ||||||
| 24 | the court.
| ||||||
| 25 | (m) The Secretary of State shall require anyone placed on | ||||||
| 26 | court supervision
for a
violation of Section 3-707 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code or a similar provision
of a local | ||||||
| 2 | ordinance
to give proof of his or her financial
responsibility | ||||||
| 3 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
| 4 | proof shall be
maintained by the individual in a manner | ||||||
| 5 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
| 6 | 3 years after the date the proof is first filed.
The proof | ||||||
| 7 | shall be limited to a single action per arrest and may not be
| ||||||
| 8 | affected by any post-sentence disposition. The Secretary of | ||||||
| 9 | State shall
suspend the driver's license of any person
| ||||||
| 10 | determined by the Secretary to be in violation of this | ||||||
| 11 | subsection. | ||||||
| 12 | (n) Any offender placed on supervision for any offense that | ||||||
| 13 | the court or probation department has determined to be sexually | ||||||
| 14 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 15 | shall be required to refrain from any contact, directly or | ||||||
| 16 | indirectly, with any persons specified by the court and shall | ||||||
| 17 | be available for all evaluations and treatment programs | ||||||
| 18 | required by the court or the probation department.
| ||||||
| 19 | (o) An offender placed on supervision for a sex offense as | ||||||
| 20 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
| 21 | from residing at the same address or in the same condominium | ||||||
| 22 | unit or apartment unit or in the same condominium complex or | ||||||
| 23 | apartment complex with another person he or she knows or | ||||||
| 24 | reasonably should know is a convicted sex offender or has been | ||||||
| 25 | placed on supervision for a sex offense. The provisions of this | ||||||
| 26 | subsection (o) do not apply to a person convicted of a sex | ||||||
| |||||||
| |||||||
| 1 | offense who is placed in a Department of Corrections licensed | ||||||
| 2 | transitional housing facility for sex offenders. | ||||||
| 3 | (p) An offender placed on supervision for an offense | ||||||
| 4 | committed on or after June 1, 2008
(the effective date of | ||||||
| 5 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 6 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 7 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
| 8 | refrain from communicating with or contacting, by means of the | ||||||
| 9 | Internet, a person who is not related to the accused and whom | ||||||
| 10 | the accused reasonably believes to be under 18 years of age. | ||||||
| 11 | For purposes of this subsection (p), "Internet" has the meaning | ||||||
| 12 | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | ||||||
| 13 | and a person is not related to the accused if the person is | ||||||
| 14 | not: (i) the spouse, brother, or sister of the accused; (ii) a | ||||||
| 15 | descendant of the accused; (iii) a first or second cousin of | ||||||
| 16 | the accused; or (iv) a step-child or adopted child of the | ||||||
| 17 | accused.
| ||||||
| 18 | (q) An offender placed on supervision for an offense | ||||||
| 19 | committed on or after June 1, 2008
(the effective date of | ||||||
| 20 | Public Act 95-464)
that would qualify the accused as a child | ||||||
| 21 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
| 22 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
| 23 | ordered by the court, refrain from communicating with or | ||||||
| 24 | contacting, by means of the Internet, a person who is related | ||||||
| 25 | to the accused and whom the accused reasonably believes to be | ||||||
| 26 | under 18 years of age. For purposes of this subsection (q), | ||||||
| |||||||
| |||||||
| 1 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
| 2 | the Criminal Code of 2012; and a person is related to the | ||||||
| 3 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
| 4 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
| 5 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
| 6 | child of the accused.
| ||||||
| 7 | (r) An offender placed on supervision for an offense under | ||||||
| 8 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
| 9 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 10 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 11 | 2012, or any attempt to commit any of these offenses, committed | ||||||
| 12 | on or after the effective date of this amendatory Act of the | ||||||
| 13 | 95th General Assembly shall: | ||||||
| 14 | (i) not access or use a computer or any other device | ||||||
| 15 | with Internet capability without the prior written | ||||||
| 16 | approval of the court, except in connection with the | ||||||
| 17 | offender's employment or search for employment with the | ||||||
| 18 | prior approval of the court; | ||||||
| 19 | (ii) submit to periodic unannounced examinations of | ||||||
| 20 | the offender's computer or any other device with Internet | ||||||
| 21 | capability by the offender's probation officer, a law | ||||||
| 22 | enforcement officer, or assigned computer or information | ||||||
| 23 | technology specialist, including the retrieval and copying | ||||||
| 24 | of all data from the computer or device and any internal or | ||||||
| 25 | external peripherals and removal of such information, | ||||||
| 26 | equipment, or device to conduct a more thorough inspection; | ||||||
| |||||||
| |||||||
| 1 | (iii) submit to the installation on the offender's | ||||||
| 2 | computer or device with Internet capability, at the | ||||||
| 3 | offender's expense, of one or more hardware or software | ||||||
| 4 | systems to monitor the Internet use; and | ||||||
| 5 | (iv) submit to any other appropriate restrictions | ||||||
| 6 | concerning the offender's use of or access to a computer or | ||||||
| 7 | any other device with Internet capability imposed by the | ||||||
| 8 | court. | ||||||
| 9 | (s) An offender placed on supervision for an offense that | ||||||
| 10 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
| 11 | Registration Act that is committed on or after January 1, 2010 | ||||||
| 12 | (the effective date of Public Act 96-362) that requires the | ||||||
| 13 | person to register as a sex offender under that Act, may not | ||||||
| 14 | knowingly use any computer scrub software on any computer that | ||||||
| 15 | the sex offender uses. | ||||||
| 16 | (t) An offender placed on supervision for a sex offense as | ||||||
| 17 | defined in the Sex Offender
Registration Act committed on or | ||||||
| 18 | after January 1, 2010 (the effective date of Public Act 96-262) | ||||||
| 19 | shall refrain from accessing or using a social networking | ||||||
| 20 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
| 21 | 2012. | ||||||
| 22 | (u) Jurisdiction over an offender may be transferred from | ||||||
| 23 | the sentencing court to the court of another circuit with the | ||||||
| 24 | concurrence of both courts. Further transfers or retransfers of | ||||||
| 25 | jurisdiction are also authorized in the same manner. The court | ||||||
| 26 | to which jurisdiction has been transferred shall have the same | ||||||
| |||||||
| |||||||
| 1 | powers as the sentencing court. The probation department within | ||||||
| 2 | the circuit to which jurisdiction has been transferred may | ||||||
| 3 | impose probation fees upon receiving the transferred offender, | ||||||
| 4 | as provided in subsection (i). The probation department from | ||||||
| 5 | the original sentencing court shall retain all probation fees | ||||||
| 6 | collected prior to the transfer. | ||||||
| 7 | (Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
| 8 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | ||||||
| 9 | 1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
| ||||||
| 10 | Section 520. The Arsonist Registration Act is amended by | ||||||
| 11 | changing Sections 5 and 65 as follows:
| ||||||
| 12 | (730 ILCS 148/5)
| ||||||
| 13 | Sec. 5. Definitions. In this Act: | ||||||
| 14 | (a) "Arsonist" means any person who is: | ||||||
| 15 |
(1) charged under Illinois law, or any
substantially | ||||||
| 16 | similar federal, Uniform Code of Military Justice, sister | ||||||
| 17 | state, or foreign country law, with an arson offense, set | ||||||
| 18 | forth in subsection (b) of this Section or the attempt to | ||||||
| 19 | commit an included arson offense, and:
| ||||||
| 20 | (i) is convicted of such offense or an attempt
to | ||||||
| 21 | commit such offense; or
| ||||||
| 22 | (ii) is found not guilty by reason of insanity of
| ||||||
| 23 | such offense or an attempt to commit such offense; or
| ||||||
| 24 | (iii) is found not guilty by reason of insanity
| ||||||
| |||||||
| |||||||
| 1 | under subsection (c) of Section 104-25 of the Code of | ||||||
| 2 | Criminal Procedure of 1963 of such offense or an | ||||||
| 3 | attempt to commit such offense; or
| ||||||
| 4 | (iv) is the subject of a finding not resulting in
| ||||||
| 5 | an acquittal at a hearing conducted under subsection | ||||||
| 6 | (a) of Section 104-25 of the Code of Criminal Procedure | ||||||
| 7 | of 1963 for the alleged commission or attempted | ||||||
| 8 | commission of such offense; or
| ||||||
| 9 | (v) is found not guilty by reason of insanity
| ||||||
| 10 | following a hearing conducted under a federal, Uniform | ||||||
| 11 | Code of Military Justice, sister state, or foreign | ||||||
| 12 | country law substantially similar to subsection (c) of | ||||||
| 13 | Section 104-25 of the Code of Criminal Procedure of | ||||||
| 14 | 1963 of such offense or of the attempted commission of | ||||||
| 15 | such offense; or
| ||||||
| 16 | (vi) is the subject of a finding not resulting in
| ||||||
| 17 | an acquittal at a hearing conducted under a federal, | ||||||
| 18 | Uniform Code of Military Justice, sister state, or | ||||||
| 19 | foreign country law substantially similar to | ||||||
| 20 | subsection (a) of Section 104-25 of the Code of | ||||||
| 21 | Criminal Procedure of 1963 for the alleged violation or | ||||||
| 22 | attempted commission of such offense; | ||||||
| 23 | (2) is a minor who has been tried and convicted in an | ||||||
| 24 | adult criminal prosecution as the result
of committing or | ||||||
| 25 | attempting to commit an offense specified in subsection (b) | ||||||
| 26 | of this Section or a violation of any substantially similar | ||||||
| |||||||
| |||||||
| 1 | federal, Uniform Code of Military Justice, sister state, or | ||||||
| 2 | foreign country law.
Convictions that result from or are | ||||||
| 3 | connected with the same act, or result from offenses | ||||||
| 4 | committed at the same time, shall be counted for the | ||||||
| 5 | purpose of this Act as one conviction. Any conviction set | ||||||
| 6 | aside under law is not a conviction for purposes of this | ||||||
| 7 | Act.
| ||||||
| 8 | (b) "Arson offense" means:
| ||||||
| 9 | (1) A violation of any of the following Sections of
the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012:
| ||||||
| 11 | (i) 20-1 (arson; residential arson; place of | ||||||
| 12 | worship arson), | ||||||
| 13 | (ii) 20-1.1 (aggravated arson), | ||||||
| 14 | (iii) 20-1(b) or 20-1.2 (residential arson), | ||||||
| 15 | (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
| ||||||
| 16 | (v) 20-2 (possession of explosives or explosive or | ||||||
| 17 | incendiary devices), or | ||||||
| 18 | (vi) An attempt to commit any of the offenses | ||||||
| 19 | listed in clauses (i) through (v).
| ||||||
| 20 | (2) A violation of any former law of this State
| ||||||
| 21 | substantially equivalent to any offense listed in | ||||||
| 22 | subsection (b) of this Section. | ||||||
| 23 | (c) A conviction for an offense of federal law, Uniform | ||||||
| 24 | Code of Military Justice, or the law of another state or a | ||||||
| 25 | foreign country that is substantially equivalent to any offense | ||||||
| 26 | listed in subsection (b) of this Section shall constitute a | ||||||
| |||||||
| |||||||
| 1 | conviction for the purpose of this Act.
| ||||||
| 2 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
| 3 | Chief of Police in each of the municipalities in which the | ||||||
| 4 | arsonist expects to reside, work, or attend school (1) upon his | ||||||
| 5 | or her discharge, parole or release or (2) during the service | ||||||
| 6 | of his or her sentence of probation or conditional discharge, | ||||||
| 7 | or the Sheriff of the county, in the event no Police Chief | ||||||
| 8 | exists or if the offender intends to reside, work, or attend | ||||||
| 9 | school in an unincorporated area. "Law enforcement agency | ||||||
| 10 | having jurisdiction" includes the location where out-of-state | ||||||
| 11 | students attend school and where out-of-state employees are | ||||||
| 12 | employed or are otherwise required to register.
| ||||||
| 13 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
| 14 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
| 15 | part-time basis, in any public or private educational | ||||||
| 16 | institution, including, but not limited to, any secondary | ||||||
| 17 | school, trade or professional institution, or institution of | ||||||
| 18 | higher learning.
| ||||||
| 19 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
| 20 | in this Section, who works in Illinois, regardless of whether | ||||||
| 21 | the individual receives payment for services performed, for a | ||||||
| 22 | period of time of 10 or more days or for an aggregate period of | ||||||
| 23 | time of 30 or more days during any calendar year. Persons who | ||||||
| 24 | operate motor vehicles in the State accrue one day of | ||||||
| 25 | employment time for any portion of a day spent in Illinois.
| ||||||
| 26 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
| |||||||
| |||||||
| 1 | Enforcement Analysis and Reporting System.
| ||||||
| 2 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 3 | revised 12-10-14.)
| ||||||
| 4 | (730 ILCS 148/65)
| ||||||
| 5 | Sec. 65. Penalty. Any person who is required to register | ||||||
| 6 | under this Act who violates any of the provisions of this Act | ||||||
| 7 | and any person who is required to register under this Act who | ||||||
| 8 | seeks to change his or her name under Article XXI 21 of the | ||||||
| 9 | Code of Civil Procedure is guilty of a Class 4 felony. Any | ||||||
| 10 | person who is required to register under this Act who knowingly | ||||||
| 11 | or wilfully gives material information required by this Act | ||||||
| 12 | that is false is guilty of a Class 3 felony. Any person | ||||||
| 13 | convicted of a violation of any provision of this Act shall, in | ||||||
| 14 | addition to any other penalty required by law, be required to | ||||||
| 15 | serve a minimum period of 7 days confinement in the local | ||||||
| 16 | county jail. The court shall impose a mandatory minimum fine of | ||||||
| 17 | $500 for failure to comply with any provision of this Act. | ||||||
| 18 | These fines shall be deposited in the Arsonist Registration | ||||||
| 19 | Fund. An arsonist who violates any provision of this Act may be | ||||||
| 20 | tried in any Illinois county where the arsonist can be located.
| ||||||
| 21 | (Source: P.A. 93-949, eff. 1-1-05; revised 12-10-14.)
| ||||||
| 22 | Section 525. The Sex Offender Registration Act is amended | ||||||
| 23 | by changing Section 10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 150/10) (from Ch. 38, par. 230)
| ||||||
| 2 | Sec. 10. Penalty.
| ||||||
| 3 | (a) Any person who is required to register under this
| ||||||
| 4 | Article who violates any of the provisions of this Article and | ||||||
| 5 | any person
who is required to register under this Article who | ||||||
| 6 | seeks to change his or her
name under Article XXI 21 of the | ||||||
| 7 | Code of Civil Procedure is guilty of a Class 3
felony.
Any | ||||||
| 8 | person who is convicted for a violation of this Act for a | ||||||
| 9 | second or subsequent time is guilty of a Class 2 felony. Any | ||||||
| 10 | person who is required to register under this Article who
| ||||||
| 11 | knowingly or wilfully gives material information required by | ||||||
| 12 | this Article that
is false is guilty of a Class 3 felony.
Any | ||||||
| 13 | person convicted of a violation of any provision of this | ||||||
| 14 | Article
shall, in addition to any other penalty required by | ||||||
| 15 | law, be required to serve a
minimum period of 7 days | ||||||
| 16 | confinement in the local county jail. The court shall
impose a | ||||||
| 17 | mandatory minimum fine of $500 for failure to comply with any
| ||||||
| 18 | provision of this Article. These fines shall be deposited in | ||||||
| 19 | the Sex Offender
Registration Fund. Any sex offender, as | ||||||
| 20 | defined in Section 2 of this Act,
or sexual predator who | ||||||
| 21 | violates any
provision of this Article may be arrested and
| ||||||
| 22 | tried in any Illinois county where the sex
offender can be | ||||||
| 23 | located. The local police department or sheriff's office is not | ||||||
| 24 | required to determine whether the person is living within its | ||||||
| 25 | jurisdiction.
| ||||||
| 26 | (b) Any person, not covered by privilege under Part 8 of | ||||||
| |||||||
| |||||||
| 1 | Article VIII of the Code of Civil Procedure or the Illinois | ||||||
| 2 | Supreme Court's Rules of Professional Conduct, who has reason | ||||||
| 3 | to believe that a sexual predator is not complying, or has not | ||||||
| 4 | complied, with the requirements of this Article and who, with | ||||||
| 5 | the intent to assist the sexual predator in eluding a law | ||||||
| 6 | enforcement agency that is seeking to find the sexual predator | ||||||
| 7 | to question the sexual predator about, or to arrest the sexual | ||||||
| 8 | predator for, his or her noncompliance with the requirements of | ||||||
| 9 | this Article is guilty of a Class 3 felony if he or she: | ||||||
| 10 | (1) provides false information to the law enforcement | ||||||
| 11 | agency having jurisdiction about the sexual predator's | ||||||
| 12 | noncompliance with the requirements of this Article, and, | ||||||
| 13 | if known, the whereabouts of the sexual predator; | ||||||
| 14 | (2) harbors, or attempts to harbor, or assists another | ||||||
| 15 | person in harboring or attempting to harbor, the sexual | ||||||
| 16 | predator; or | ||||||
| 17 | (3) conceals or attempts to conceal, or assists another | ||||||
| 18 | person in concealing or attempting to conceal, the sexual | ||||||
| 19 | predator. | ||||||
| 20 | (c) Subsection (b) does not apply if the sexual predator is | ||||||
| 21 | incarcerated in or is in the custody of a State correctional | ||||||
| 22 | facility, a private correctional facility, a county or | ||||||
| 23 | municipal jail, a State mental health facility or a State | ||||||
| 24 | treatment and detention facility, or a federal correctional | ||||||
| 25 | facility.
| ||||||
| 26 | (d) Subsections (a) and (b) do not apply if the sex | ||||||
| |||||||
| |||||||
| 1 | offender accurately registered his or her Internet protocol | ||||||
| 2 | address under this Act, and the address subsequently changed | ||||||
| 3 | without his or her knowledge or intent.
| ||||||
| 4 | (Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, | ||||||
| 5 | eff. 6-1-08; revised 12-10-14.)
| ||||||
| 6 | Section 530. The Murderer and Violent Offender Against | ||||||
| 7 | Youth Registration Act is amended by changing Section 60 as | ||||||
| 8 | follows:
| ||||||
| 9 | (730 ILCS 154/60)
| ||||||
| 10 | Sec. 60. Penalty. Any person who is required to register | ||||||
| 11 | under this
Act who violates any of the provisions of this Act | ||||||
| 12 | and any person
who is required to register under this Act who | ||||||
| 13 | seeks to change his or her
name under Article XXI 21 of the | ||||||
| 14 | Code of Civil Procedure is guilty of a Class 3
felony.
Any | ||||||
| 15 | person who is convicted for a violation of this Act for a | ||||||
| 16 | second or subsequent time is guilty of a Class 2 felony. Any | ||||||
| 17 | person who is required to register under this Act who
knowingly | ||||||
| 18 | or wilfully gives material information required by this Act | ||||||
| 19 | that
is false is guilty of a Class 3 felony.
Any person | ||||||
| 20 | convicted of a violation of any provision of this Act
shall, in | ||||||
| 21 | addition to any other penalty required by law, be required to | ||||||
| 22 | serve a
minimum period of 7 days confinement in the local | ||||||
| 23 | county jail. The court shall
impose a mandatory minimum fine of | ||||||
| 24 | $500 for failure to comply with any
provision of this Act. | ||||||
| |||||||
| |||||||
| 1 | These fines shall be deposited into the Murderer and Violent | ||||||
| 2 | Offender Against Youth Registration Fund. Any violent offender | ||||||
| 3 | against youth who violates any
provision of this Act may be | ||||||
| 4 | arrested and
tried in any Illinois county where the violent | ||||||
| 5 | offender against youth can be located. The local police | ||||||
| 6 | department or sheriff's office is not required to determine | ||||||
| 7 | whether the person is living within its jurisdiction.
| ||||||
| 8 | (Source: P.A. 97-154, eff. 1-1-12; revised 12-10-14.)
| ||||||
| 9 | Section 535. The Code of Civil Procedure is amended by | ||||||
| 10 | changing Sections 8-802 and 12-705 as follows:
| ||||||
| 11 | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||||||
| 12 | Sec. 8-802. Physician and patient. No physician or surgeon | ||||||
| 13 | shall be
permitted to disclose any information he or she may | ||||||
| 14 | have acquired in
attending any patient in a professional | ||||||
| 15 | character, necessary to enable him
or her professionally to | ||||||
| 16 | serve the patient, except only (1) in trials for
homicide when | ||||||
| 17 | the disclosure relates directly to the fact or immediate
| ||||||
| 18 | circumstances of the homicide, (2) in actions, civil or | ||||||
| 19 | criminal, against
the physician for malpractice, (3) with the | ||||||
| 20 | expressed consent of the
patient, or in case of his or her | ||||||
| 21 | death or disability, of his or her
personal representative or | ||||||
| 22 | other person authorized to sue for personal
injury or of the | ||||||
| 23 | beneficiary of an insurance policy on his or her life,
health, | ||||||
| 24 | or physical condition, or as authorized by Section 8-2001.5, | ||||||
| |||||||
| |||||||
| 1 | (4) in all actions brought by or against the
patient, his or | ||||||
| 2 | her personal representative, a beneficiary under a policy
of | ||||||
| 3 | insurance, or the executor or administrator of his or her | ||||||
| 4 | estate wherein
the patient's physical or mental condition is an | ||||||
| 5 | issue, (5) upon an issue
as to the validity of a document as a | ||||||
| 6 | will of the patient, (6) in any
criminal action where the | ||||||
| 7 | charge is either first degree murder by abortion,
attempted | ||||||
| 8 | abortion or abortion, (7) in actions, civil or criminal, | ||||||
| 9 | arising
from the filing of a report in compliance with the | ||||||
| 10 | Abused and Neglected
Child Reporting Act, (8) to any | ||||||
| 11 | department, agency, institution
or facility which has custody | ||||||
| 12 | of the patient pursuant to State statute
or any court order of | ||||||
| 13 | commitment, (9) in prosecutions where written
results of blood | ||||||
| 14 | alcohol tests are admissible pursuant to Section 11-501.4
of | ||||||
| 15 | the Illinois Vehicle Code, (10) in prosecutions where written
| ||||||
| 16 | results of blood alcohol tests are admissible under Section | ||||||
| 17 | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||||||
| 18 | actions arising from the filing of a report of suspected
| ||||||
| 19 | terrorist offense in compliance with Section 29D-10(p)(7) of | ||||||
| 20 | the Criminal Code
of 2012, (12) upon the issuance of a subpoena | ||||||
| 21 | pursuant to Section 38 of the Medical Practice Act of 1987; the | ||||||
| 22 | issuance of a subpoena pursuant to Section 25.1 of the Illinois | ||||||
| 23 | Dental Practice Act; the issuance of a subpoena pursuant to | ||||||
| 24 | Section 22 of the Nursing Home Administrators Licensing and | ||||||
| 25 | Disciplinary Act; or the issuance of a subpoena pursuant to | ||||||
| 26 | Section 25.5 of the Workers' Compensation Act, ; or (13) upon | ||||||
| |||||||
| |||||||
| 1 | the issuance of a grand jury subpoena pursuant to Article 112 | ||||||
| 2 | of the Code of Criminal Procedure of 1963., or (14) (13) to or | ||||||
| 3 | through a health information exchange, as that term is defined | ||||||
| 4 | in Section 2 of the Mental Health and Developmental | ||||||
| 5 | Disabilities Confidentiality Act, in accordance with State or | ||||||
| 6 | federal law. | ||||||
| 7 | Upon disclosure under item (13) of this Section, in any | ||||||
| 8 | criminal action where the charge is domestic battery, | ||||||
| 9 | aggravated domestic battery, or an offense under Article 11 of | ||||||
| 10 | the Criminal Code of 2012 or where the patient is under the age | ||||||
| 11 | of 18 years or upon the request of the patient, the State's | ||||||
| 12 | Attorney shall petition the court for a protective order | ||||||
| 13 | pursuant to Supreme Court Rule 415.
| ||||||
| 14 | In the event of a conflict between the application of this | ||||||
| 15 | Section
and the Mental Health and Developmental Disabilities | ||||||
| 16 | Confidentiality
Act to a specific situation, the provisions of | ||||||
| 17 | the Mental Health and
Developmental Disabilities | ||||||
| 18 | Confidentiality Act shall control.
| ||||||
| 19 | (Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | ||||||
| 20 | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-954, eff. | ||||||
| 21 | 1-1-15; 98-1046, eff. 1-1-15; revised 10-2-14.)
| ||||||
| 22 | (735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| ||||||
| 23 | Sec. 12-705. Summons.
| ||||||
| 24 | (a) Summons shall be returnable not less than 21 nor more | ||||||
| 25 | than 30 days after
the date of issuance. Summons with 4 copies | ||||||
| |||||||
| |||||||
| 1 | of the interrogatories shall be
served and returned as in other | ||||||
| 2 | civil cases. If the garnishee is served with
summons less than | ||||||
| 3 | 10 days prior to the return date, the court shall continue
the | ||||||
| 4 | case to a new return date 14 days after the return date stated | ||||||
| 5 | on the
summons. The summons shall be in a form consistent with | ||||||
| 6 | local court rules. The
summons shall be accompanied by a copy | ||||||
| 7 | of the underlying judgment or a
certification by the clerk of | ||||||
| 8 | the court that entered the judgment, or by the
attorney for the | ||||||
| 9 | judgment creditor, setting forth the amount of the judgment,
| ||||||
| 10 | the name of the court and the number of the case and one copy of | ||||||
| 11 | a garnishment
notice in substantially the following form:
| ||||||
| 12 | "GARNISHMENT NOTICE
| ||||||
| 13 | (Name and address of Court)
| ||||||
| 14 | Name of Case: (Name of Judgment Creditor),
| ||||||
| 15 | Judgment Creditor v.
| ||||||
| 16 | (Name of Judgment Judgement Debtor),
| ||||||
| 17 | Judgment Debtor.
| ||||||
| 18 | Address of Judgment Debtor: (Insert last known address)
| ||||||
| 19 | Name and address of Attorney for Judgment
| ||||||
| 20 | Creditor or of Judgment Creditor (If no
| ||||||
| 21 | attorney is listed): (Insert name and address)
| ||||||
| 22 | Amount of Judgment: $(Insert amount)
| ||||||
| 23 | Name of Garnishee: (Insert name)
| ||||||
| 24 | Return Date: (Insert return date specified in summons)
| ||||||
| 25 | NOTICE: The court has issued a garnishment summons against | ||||||
| 26 | the garnishee
named above for money or property (other than | ||||||
| |||||||
| |||||||
| 1 | wages) belonging to the
judgment debtor or in which the | ||||||
| 2 | judgment debtor has an interest. The
garnishment summons was | ||||||
| 3 | issued on the basis of a judgment against the
judgment debtor | ||||||
| 4 | in favor of the judgment creditor in the amount stated above.
| ||||||
| 5 | The amount of money or property (other than wages) that may | ||||||
| 6 | be garnished
is limited by federal and Illinois law. The | ||||||
| 7 | judgment debtor has the right
to assert statutory exemptions | ||||||
| 8 | against certain money or property of the
judgment debtor which | ||||||
| 9 | may not be used to satisfy the judgment in the amount
stated | ||||||
| 10 | above.
| ||||||
| 11 | Under Illinois or federal law, the exemptions of personal | ||||||
| 12 | property owned
by the debtor include the debtor's equity | ||||||
| 13 | interest, not to exceed $4,000
in
value, in any personal | ||||||
| 14 | property as chosen by the debtor; Social Security
and SSI | ||||||
| 15 | benefits; public assistance benefits; unemployment | ||||||
| 16 | compensation
benefits; workers' compensation benefits; | ||||||
| 17 | veterans' benefits; circuit
breaker property tax relief | ||||||
| 18 | benefits; the debtor's equity interest, not to
exceed $2,400
in | ||||||
| 19 | value, in any one motor vehicle, and the debtor's equity
| ||||||
| 20 | interest, not to exceed $1,500
in value, in any implements, | ||||||
| 21 | professional
books or tools of the trade of the debtor.
| ||||||
| 22 | The judgment debtor may have other possible exemptions from | ||||||
| 23 | garnishment
under the law.
| ||||||
| 24 | The judgment debtor has the right to request a hearing | ||||||
| 25 | before the court
to dispute the garnishment or to declare | ||||||
| 26 | exempt from garnishment certain
money or property or both. To | ||||||
| |||||||
| |||||||
| 1 | obtain a hearing in counties with a
population of 1,000,000 or | ||||||
| 2 | more, the judgment debtor must
notify the Clerk of the Court in | ||||||
| 3 | person and in writing at (insert address
of Clerk) before the | ||||||
| 4 | return date specified above or appear in court on the
date and | ||||||
| 5 | time on that return date. To obtain a hearing in counties with | ||||||
| 6 | a
population of less than 1,000,000, the judgment debtor must | ||||||
| 7 | notify the
Clerk of the Court in writing at (insert address of | ||||||
| 8 | Clerk) on or before the
return date specified above. The Clerk | ||||||
| 9 | of the Court will provide a hearing
date and the necessary | ||||||
| 10 | forms that must be prepared by the judgment debtor or
the | ||||||
| 11 | attorney for the judgment debtor and sent to the judgment | ||||||
| 12 | creditor and the
garnishee regarding the time and location of | ||||||
| 13 | the hearing. This notice may be
sent by regular first class | ||||||
| 14 | mail."
| ||||||
| 15 | (b) An officer or other person authorized by law to serve | ||||||
| 16 | process shall
serve the summons, interrogatories and the | ||||||
| 17 | garnishment notice required by
subsection (a) of this Section | ||||||
| 18 | upon the garnishee and shall, (1) within 2
business days of the | ||||||
| 19 | service upon the garnishee, mail a copy of the
garnishment | ||||||
| 20 | notice and the summons to the judgment debtor by first class
| ||||||
| 21 | mail at the judgment debtor's address indicated in the | ||||||
| 22 | garnishment notice
and (2) within 4 business days of the | ||||||
| 23 | service upon the garnishee file with
the clerk of the court a | ||||||
| 24 | certificate of mailing in substantially the following
form:
| ||||||
| 25 | "CERTIFICATE OF MAILING
| ||||||
| 26 | I hereby certify that, within 2 business days of service | ||||||
| |||||||
| |||||||
| 1 | upon the
garnishee of the garnishment summons, interrogatories | ||||||
| 2 | and garnishment
notice, I served upon the judgment debtor in | ||||||
| 3 | this cause a copy of the
garnishment summons and garnishment | ||||||
| 4 | notice by first class mail to the
judgment debtor's address as | ||||||
| 5 | indicated in the garnishment notice.
| ||||||
| 6 | Date:............ .........................
| ||||||
| 7 | Signature"
| ||||||
| 8 | In the case of service of the summons for garnishment upon | ||||||
| 9 | the garnishee
by certified or registered mail, as provided in | ||||||
| 10 | subsection (c) of this Section,
no sooner than 2 business days | ||||||
| 11 | nor later than 4 business days after the date of
mailing, the | ||||||
| 12 | clerk shall mail a copy of the garnishment notice and the | ||||||
| 13 | summons
to the judgment debtor by first class mail at the | ||||||
| 14 | judgment debtor's address
indicated in the garnishment notice, | ||||||
| 15 | shall prepare the Certificate of Mailing
described by this | ||||||
| 16 | subsection, and shall include the Certificate of Mailing in a
| ||||||
| 17 | permanent record.
| ||||||
| 18 | (c) In a county with a population of less than 1,000,000, | ||||||
| 19 | unless otherwise
provided by circuit court rule, at the request | ||||||
| 20 | of the judgment creditor or his
or her attorney and instead of | ||||||
| 21 | personal service, service of a summons for
garnishment may be | ||||||
| 22 | made as follows:
| ||||||
| 23 | (1) For each garnishee to be served, the judgment | ||||||
| 24 | creditor or his or her
attorney shall pay to the clerk of | ||||||
| 25 | the court a fee of $2, plus the cost of
mailing, and | ||||||
| 26 | furnish to the clerk an original and 2 copies of a summons, | ||||||
| |||||||
| |||||||
| 1 | an
original and one copy of the interrogatories, an | ||||||
| 2 | affidavit setting forth the
garnishee's mailing address, | ||||||
| 3 | an original and 2 copies of the garnishment
notice required | ||||||
| 4 | by subsection (a) of this Section, and a copy of the | ||||||
| 5 | judgment
or certification described in subsection (a) of | ||||||
| 6 | this Section. The original
judgment shall be retained by | ||||||
| 7 | the clerk.
| ||||||
| 8 | (2) The clerk shall mail to the garnishee, at the | ||||||
| 9 | address appearing in the
affidavit, the copy of the | ||||||
| 10 | judgment or certification described in subsection
(a) of | ||||||
| 11 | this Section, the summons, the interrogatories, and the | ||||||
| 12 | garnishment
notice required by subsection (a) of this | ||||||
| 13 | Section, by certified or registered
mail, return receipt | ||||||
| 14 | requested, showing to whom delivered and the date and
| ||||||
| 15 | address of delivery. This Mailing shall be mailed on a | ||||||
| 16 | "restricted delivery"
basis when service is directed to a | ||||||
| 17 | natural person. The envelope and return
receipt shall bear | ||||||
| 18 | the return address of the clerk, and the return receipt
| ||||||
| 19 | shall be stamped with the docket number of the case. The | ||||||
| 20 | receipt for certified
or registered mail shall state the | ||||||
| 21 | name and address of the addressee, the date
of the mailing, | ||||||
| 22 | shall identify the documents mailed, and shall be attached | ||||||
| 23 | to
the original summons.
| ||||||
| 24 | (3) The return receipt must be attached to the original | ||||||
| 25 | summons and, if it
shows delivery at least 10 days before | ||||||
| 26 | the day for the return date, shall
constitute proof of | ||||||
| |||||||
| |||||||
| 1 | service of any documents identified on the return receipt
| ||||||
| 2 | as having been mailed.
| ||||||
| 3 | (4) The clerk shall note the fact of service in a | ||||||
| 4 | permanent record.
| ||||||
| 5 | (d) The garnishment summons may be served and returned in | ||||||
| 6 | the manner provided by Supreme Court Rule for service, | ||||||
| 7 | otherwise than by publication, of a notice for additional | ||||||
| 8 | relief upon a party in default. | ||||||
| 9 | (Source: P.A. 98-557, eff. 1-1-14; revised 12-10-14.)
| ||||||
| 10 | Section 540. The Eminent Domain Act is amended by changing | ||||||
| 11 | setting forth and renumbering multiple versions of Section | ||||||
| 12 | 25-5-55 as follows:
| ||||||
| 13 | (735 ILCS 30/25-5-55) | ||||||
| 14 | Sec. 25-5-55. Quick-take; McHenry County. Quick-take | ||||||
| 15 | proceedings under Article 20 may be used for a period of no | ||||||
| 16 | longer than one year from the effective date of this amendatory | ||||||
| 17 | Act of the 98th General Assembly by McHenry County for the | ||||||
| 18 | acquisition of the following described property for the purpose | ||||||
| 19 | of reconstruction of the intersection of Miller Road and | ||||||
| 20 | Illinois Route 31:
| ||||||
| 21 | Route: Illinois State Route 31 | ||||||
| 22 | Section: Section 09-00372-00-PW | ||||||
| 23 | County: McHenry County | ||||||
| |||||||
| |||||||
| 1 | Job No.: R-91-020-06 | ||||||
| 2 | Parcel: 0003 | ||||||
| 3 | Sta. 119+70.41 To Sta. 136+74.99 | ||||||
| 4 | Owner: Parkway Bank and Trust | ||||||
| 5 | Company as Trustee under Trust | ||||||
| 6 | Agreement dated October 25, 1988 | ||||||
| 7 | known as trust No. 9052 | ||||||
| 8 | Index No. 14-02-100-002, 14-02-
100-051
| ||||||
| 9 | A part of the Northwest Quarter of Section 2, Township 44 | ||||||
| 10 | North, Range 8 East of the
Third Principal Meridian, in McHenry | ||||||
| 11 | County, Illinois, described as follows:
| ||||||
| 12 | Commencing at the southwest corner of said Northwest Quarter; | ||||||
| 13 | thence North 0 degrees
40 minutes 30 seconds East, (bearings | ||||||
| 14 | based on Illinois State Plane Coordinates East Zone 1983 Datum) | ||||||
| 15 | along the west line of said Northwest Quarter, 33.01 feet; | ||||||
| 16 | thence North 89 degrees 27 minutes 02 seconds East along a line | ||||||
| 17 | parallel with and 33.00 feet north of the south line of said | ||||||
| 18 | Northwest Quarter, 633.53 feet to the Point of Beginning; | ||||||
| 19 | thence North 47 degrees 43 minutes 11 seconds East, 76.04 feet; | ||||||
| 20 | thence Northeasterly
892.04 feet along a curve to the left | ||||||
| 21 | having a radius of 5900.00 feet, the chord of said curve bears | ||||||
| 22 | North 03 degrees 13 minutes 38 seconds East, a chord distance | ||||||
| 23 | of 891.20 feet; thence North 01 degrees 06 minutes 15 seconds | ||||||
| 24 | West, 737.81 feet; thence North 88 degrees 52 minutes 57 | ||||||
| |||||||
| |||||||
| 1 | seconds East, 60.00 feet to a point on the westerly line of | ||||||
| 2 | Illinois State Route 31 as dedicated per Book 12 of | ||||||
| 3 | Miscellaneous Records, pages 200, 201 and
203; thence South 01 | ||||||
| 4 | degrees 06 minutes 15 seconds East along said westerly line,
| ||||||
| 5 | 405.84 feet; thence South 01 degrees 00 minutes 45 seconds West | ||||||
| 6 | along said westerly line, 135.20 feet; thence South 02 degrees | ||||||
| 7 | 50 minutes 15 seconds East along said westerly line, 165.10 | ||||||
| 8 | feet; thence South 01 degrees 06 minutes 15 seconds East along
| ||||||
| 9 | said westerly line, 407.00 feet; thence Southwesterly 567.07 | ||||||
| 10 | feet along said westerly line, said line being a curve to the | ||||||
| 11 | right having a radius of 3779.83 feet, the chord of said curve | ||||||
| 12 | bears South 03 degrees 11 minutes 37 seconds West, a chord | ||||||
| 13 | distance of 566.54 feet to point on a line parallel with and | ||||||
| 14 | 33.00 feet north of the south line of said Northwest Quarter; | ||||||
| 15 | thence South 89 degrees 27 minutes 02 seconds West along a line | ||||||
| 16 | parallel with and 33.00 feet north of the south line of said | ||||||
| 17 | Northwest Quarter, 142.09 feet to the Point of Beginning in | ||||||
| 18 | McHenry County, Illinois.
| ||||||
| 19 | Said parcel containing 116,716 square feet (2.679 acres) more | ||||||
| 20 | or less.
| ||||||
| 21 | Route: Bull Valley Road | ||||||
| 22 | Section: Section 09-00372-00-PW | ||||||
| 23 | County: McHenry County | ||||||
| 24 | Job No.: R-91-020-06 | ||||||
| |||||||
| |||||||
| 1 | Parcel: 0003TE | ||||||
| 2 | Sta. 531+73.39 To Sta. 532+82.90 | ||||||
| 3 | Owner: Parkway Bank and Trust | ||||||
| 4 | Company as Trustee under Trust | ||||||
| 5 | Agreement dated October 25, 1988 | ||||||
| 6 | known as trust No. 9052 | ||||||
| 7 | Index No. 14-02-100-002
| ||||||
| 8 | A part of the Southwest Quarter of the Northwest Quarter of | ||||||
| 9 | Section 2, Township 44
North, Range 8 East of the Third | ||||||
| 10 | Principal Meridian, in McHenry County, Illinois, described as | ||||||
| 11 | follows:
| ||||||
| 12 | Commencing at the southwest corner of said Southwest Quarter; | ||||||
| 13 | thence North 00 degrees
40 minutes 30 seconds East, (bearings | ||||||
| 14 | based on Illinois State Plane Coordinates East Zone 1983 Datum) | ||||||
| 15 | along the west line of said Southwest Quarter, 33.01 feet; | ||||||
| 16 | thence North 89 degrees 27 minutes 02 seconds East along a line | ||||||
| 17 | parallel with and 33.00 feet north of the south line of said | ||||||
| 18 | Southwest Quarter, 540.42 feet to the Point of Beginning; | ||||||
| 19 | thence North 00 degrees 33 minutes 06 seconds West, 14.95 feet; | ||||||
| 20 | thence North 89 degrees 26 minutes 54 seconds East, 109.87 | ||||||
| 21 | feet; thence South 47 degrees 43 minutes 11 seconds West, 22.47 | ||||||
| 22 | feet to a point on a line parallel with and 33.00 feet north of | ||||||
| 23 | the south line of said Southwest Quarter; thence South 89 | ||||||
| 24 | degrees 27 minutes 02 seconds West along said line parallel | ||||||
| |||||||
| |||||||
| 1 | with and 33.00 feet north of the south line of said Southwest | ||||||
| 2 | Quarter, 93.10 feet to the Point of Beginning in McHenry | ||||||
| 3 | County, Illinois.
| ||||||
| 4 | Said parcel containing 1,518 square feet (0.035 acres) more or | ||||||
| 5 | less.
| ||||||
| 6 | Route: Illinois State Route 31 | ||||||
| 7 | Section: Section 09-00372-00-PW | ||||||
| 8 | County: McHenry County | ||||||
| 9 | Job No.: R-91-020-06 | ||||||
| 10 | Parcel: 0011 | ||||||
| 11 | Sta. 124+14.14 To Sta. 124+35.35 | ||||||
| 12 | Owner: Trapani, LLC, an Illinois | ||||||
| 13 | limited liability company | ||||||
| 14 | Index No. 14-02-100-050
| ||||||
| 15 | A part of the Southwest Quarter of the Northwest Quarter of | ||||||
| 16 | Section 2, Township 44
North, Range 8 East of the Third | ||||||
| 17 | Principal Meridian, in McHenry County, Illinois, described as | ||||||
| 18 | follows:
| ||||||
| 19 | Commencing at the northwest corner of Lot 1 in McDonalds | ||||||
| 20 | Subdivision, being a subdivision of part of the Northwest | ||||||
| 21 | Quarter of Section 2, Township 44 North, Range 8 East of the | ||||||
| 22 | Third Principal Meridian, according to the plat thereof | ||||||
| |||||||
| |||||||
| 1 | recorded December 22, 1993 as Document No. 93R80090, in McHenry | ||||||
| 2 | County, Illinois; thence Northeasterly along the easterly line | ||||||
| 3 | of Illinois State Route 31 as dedicated per Book 12 of | ||||||
| 4 | Miscellaneous Records, pages 200, 201 and 203, 206.43 feet | ||||||
| 5 | along a curve to the left having a radius of 3859.83 feet, the | ||||||
| 6 | chord of said curve bears North 2 degrees 41 minutes 29 seconds | ||||||
| 7 | East, (bearings based on Illinois State Plane Coordinates East | ||||||
| 8 | Zone 1983 Datum) a chord distance of 206.41 feet to the Point | ||||||
| 9 | of Beginning; thence continuing Northeasterly along said | ||||||
| 10 | easterly line, 21.36 feet, said line being a curve to the left | ||||||
| 11 | having a radius of 3859.83 feet, the chord of said curve bears | ||||||
| 12 | North 1 degrees 00 minutes 02 seconds East, a chord distance of | ||||||
| 13 | 21.36 feet to a point the south line of a parcel of land per | ||||||
| 14 | deed recorded February 10, 2003 as Document No. 2003R0017053; | ||||||
| 15 | thence North 89 degrees 22 minutes 29 seconds East along said | ||||||
| 16 | south line, 1.04 feet; thence Southwesterly 21.41 feet along a | ||||||
| 17 | curve to the right having a radius of 6060.00 feet, the chord | ||||||
| 18 | of said curve bears South 03 degrees 47 minutes 21 seconds | ||||||
| 19 | West, a chord distance of 21.41 feet to the Point of Beginning | ||||||
| 20 | in McHenry County, Illinois.
| ||||||
| 21 | Said parcel containing 11 square feet (0.000 acres) more or | ||||||
| 22 | less.
| ||||||
| 23 | Route: Illinois State Route 31 | ||||||
| 24 | Section: Section 09-00372-00-PW | ||||||
| |||||||
| |||||||
| 1 | County: McHenry County | ||||||
| 2 | Job No.: R-91-020-06 | ||||||
| 3 | Parcel: 0011TE-1 | ||||||
| 4 | Sta. 123+50.48 To Sta. 124+26.94 | ||||||
| 5 | Owner: Trapani, LLC, an Illinois | ||||||
| 6 | limited liability company | ||||||
| 7 | Index No. 14-02-100-050
| ||||||
| 8 | A part of the Southwest Quarter of the Northwest Quarter of | ||||||
| 9 | Section 2, Township 44
North, Range 8 East of the Third | ||||||
| 10 | Principal Meridian, in McHenry County, Illinois, described as | ||||||
| 11 | follows:
| ||||||
| 12 | Commencing at the northwest corner of Lot 1 in McDonalds | ||||||
| 13 | Subdivision, being a subdivision of part of the Northwest | ||||||
| 14 | Quarter of Section 2, Township 44 North, Range 8 East of the | ||||||
| 15 | Third Principal Meridian, according to the plat thereof | ||||||
| 16 | recorded December 22, 1993 as Document No. 93R80090, in McHenry | ||||||
| 17 | County, Illinois; thence Northeasterly along the easterly line | ||||||
| 18 | of Illinois State Route 31 as dedicated per Book 12 of | ||||||
| 19 | Miscellaneous Records, pages 200, 201 and 203, 142.05 feet | ||||||
| 20 | along a curve to the left having a radius of 3859.83 feet, the | ||||||
| 21 | chord of said curve bears North 3 degrees 10 minutes 09 seconds | ||||||
| 22 | East, (bearings based on Illinois State Plane Coordinates East | ||||||
| 23 | Zone 1983 Datum) a chord distance of 142.05 feet to the Point | ||||||
| 24 | of Beginning; thence continuing Northeasterly along said | ||||||
| |||||||
| |||||||
| 1 | easterly line, 64.39 feet, said line being a curve to the left | ||||||
| 2 | having a radius of 3859.83 feet, the chord of said curve bears | ||||||
| 3 | North 1 degrees 38 minutes 13 seconds East, a chord distance of | ||||||
| 4 | 64.38 feet; thence Northeasterly 12.69 feet along a curve to | ||||||
| 5 | the left having a radius of 6060.00 feet, the chord of said | ||||||
| 6 | curve bears North 03 degrees 49 minutes 49 seconds East, a | ||||||
| 7 | chord distance of 12.69 feet; thence South 89 degrees 01 | ||||||
| 8 | minutes 32 seconds East, 4.46 feet; thence Southwesterly 77.18 | ||||||
| 9 | feet along a curve to the right having a radius of 3864.83 | ||||||
| 10 | feet, the chord of said curve bears South 01 degrees 32 minutes | ||||||
| 11 | 47 seconds West, a chord distance of 77.17 feet; thence North | ||||||
| 12 | 87 degrees 52 minutes 53 seconds West, 5.07 feet to the Point | ||||||
| 13 | of Beginning in McHenry County, Illinois.
| ||||||
| 14 | Said parcel containing 387 square feet (0.009 acres) more or | ||||||
| 15 | less.
| ||||||
| 16 | Route: Charles J. Miller Road | ||||||
| 17 | Section: Section 09-00372-00-PW | ||||||
| 18 | County: McHenry County | ||||||
| 19 | Job No.: R-91-020-06 | ||||||
| 20 | Parcel: 0011TE-2 | ||||||
| 21 | Sta. 537+44.77 To Sta. 538+37.59 | ||||||
| 22 | Owner: Trapani, LLC, an Illinois | ||||||
| 23 | limited liability company | ||||||
| 24 | Index No. 14-02-100-050
| ||||||
| |||||||
| |||||||
| 1 | A part of Lot 2, in McDonald's Subdivision, being a subdivision | ||||||
| 2 | of part of the Northwest Quarter of Section 2, Township 44 | ||||||
| 3 | North, Range 8 East of the Third Principal Meridian, according | ||||||
| 4 | to the plat thereof recorded December 22, 1993 as Document No. | ||||||
| 5 | 93R80090, in McHenry County, Illinois, described as follows:
| ||||||
| 6 | Beginning at the southeast corner of said Lot 2; thence South | ||||||
| 7 | 89 degrees 27 minutes 02 seconds West (bearings based on | ||||||
| 8 | Illinois State Plane Coordinates East Zone 1983 Datum) along | ||||||
| 9 | the south line of said Lot 2, 92.83 feet; thence North 00 | ||||||
| 10 | degrees 33 minutes 02 seconds West, 33.91 feet; thence North 89 | ||||||
| 11 | degrees 36 minutes 46 seconds East, 93.43 feet to a point on | ||||||
| 12 | the east line of said Lot 2; thence South 00 degrees 28 minutes | ||||||
| 13 | 57 seconds West along said east line, 33.66 feet to the Point | ||||||
| 14 | of Beginning in McHenry County, Illinois.
| ||||||
| 15 | Said parcel containing 3,146 square feet (0.072 acres) more or | ||||||
| 16 | less.
| ||||||
| 17 | Route: Charles J. Miller Road | ||||||
| 18 | Section: Section 09-00372-00-PW | ||||||
| 19 | County: McHenry County | ||||||
| 20 | Job No.: R-91-020-06 | ||||||
| 21 | Parcel: 0016 | ||||||
| 22 | Sta. 538+37.74 To Sta. 539+63.26 | ||||||
| |||||||
| |||||||
| 1 | Owner: Marion R. Reinwall Hoak | ||||||
| 2 | as Trustee of the Marion R. | ||||||
| 3 | Reinwall Hoak Living trust dated | ||||||
| 4 | September 15, 1998 | ||||||
| 5 | Index No. 14-02-100-022
| ||||||
| 6 | A part of the West Half of Government Lot 1 in the Northwest | ||||||
| 7 | Quarter of Section 2, Township 44 North, Range 8 East of the | ||||||
| 8 | Third Principal Meridian in McHenry County, Illinois, | ||||||
| 9 | described as follows:
| ||||||
| 10 | Beginning at the southeast corner of said West Half of | ||||||
| 11 | Government Lot 1; thence South 89 degrees 27 minutes 02 seconds | ||||||
| 12 | West (bearings based on Illinois State Plane Coordinates East | ||||||
| 13 | Zone 1983 Datum) along the south line of said West Half of | ||||||
| 14 | Government Lot 1, 115.35 feet to the point of intersection with | ||||||
| 15 | the east line of Lot 2 in McDonald's Subdivision, being a | ||||||
| 16 | subdivision of part of the Northwest Quarter of Section 2, | ||||||
| 17 | Township 44 North, Range 8 East of the Third Principal | ||||||
| 18 | Meridian, according to the plat thereof recorded December 22, | ||||||
| 19 | 1993 as Document No. 93R80090, in McHenry County, Illinois | ||||||
| 20 | extended southerly; thence North 00 degrees 28 minutes 57 | ||||||
| 21 | seconds East along said east line extended southerly and along | ||||||
| 22 | said east line, 48.01 feet; thence North 89 degrees 27 minutes | ||||||
| 23 | 02 seconds East, 115.36 feet to a point on the east line of | ||||||
| 24 | said West Half of Government Lot 1; thence South 00 degrees 29 | ||||||
| |||||||
| |||||||
| 1 | minutes 41 seconds West along said east line, 48.01 feet to the | ||||||
| 2 | Point of Beginning in McHenry County, Illinois.
| ||||||
| 3 | Said parcel containing 5,537 square feet (0.127 acres) more or | ||||||
| 4 | less, of which 0.087 acres more or less, has been previously | ||||||
| 5 | used or dedicated.
| ||||||
| 6 | Route: Illinois State Route 31 | ||||||
| 7 | Section: Section 09-00372-00-PW | ||||||
| 8 | County: McHenry County | ||||||
| 9 | Job No.: R-91-020-06 | ||||||
| 10 | Parcel: 0017 | ||||||
| 11 | Sta. 536+90.86 To Sta. 539+43.61 | ||||||
| 12 | Owner: Alliance Bible Church of | ||||||
| 13 | the Christian and Missionary | ||||||
| 14 | Alliance, an Illinois not for profit | ||||||
| 15 | corporation | ||||||
| 16 | Index No. 14-02-302-005; 14-02- | ||||||
| 17 | 302-004; 14-02-302-002
| ||||||
| 18 | A part of Lots 4 and 5, in Smith First Addition being a | ||||||
| 19 | subdivision of the North 473.90 feet of the Northwest Quarter | ||||||
| 20 | of the Southwest Quarter of Section 2, Township 44 North, Range | ||||||
| 21 | 8 East of the Third Principal Meridian, lying easterly of the | ||||||
| 22 | easterly right-of-way of State Route 31, according to the plat | ||||||
| 23 | thereof recorded in the recorder's office of McHenry County, | ||||||
| |||||||
| |||||||
| 1 | Illinois on February 16, 1973, as Document No. 586905 in | ||||||
| 2 | McHenry County, Illinois, described as follows:
| ||||||
| 3 | Beginning at the northeast corner of said Lot 5; thence South | ||||||
| 4 | 00 degrees 08 minutes 56 seconds West (bearings based on | ||||||
| 5 | Illinois State Plane Coordinates East Zone 1983 Datum) along | ||||||
| 6 | the east line of said Lot 5, 33.94 feet; thence Southwesterly | ||||||
| 7 | 106.41 feet along a curve to the right having a radius of | ||||||
| 8 | 795.00 feet, the chord of said curve bears South 85 degrees 36 | ||||||
| 9 | minutes 55 seconds West, a chord distance of 106.34 feet; | ||||||
| 10 | thence South 89 degrees 26 minutes 58 seconds West, 154.36 feet | ||||||
| 11 | to a point on the west line of said Lot 4; thence North 00 | ||||||
| 12 | degrees 10 minutes 27 seconds East along said west line, 41.06 | ||||||
| 13 | feet to the northwest corner of said Lot 4; thence North 89 | ||||||
| 14 | degrees 27 minutes 02 seconds East along the north line of said | ||||||
| 15 | Lots 4 and 5, 260.35 feet to the Point of Beginning in McHenry | ||||||
| 16 | County, Illinois.
| ||||||
| 17 | Said parcel containing 10,438 square feet (0.240 acres) more or | ||||||
| 18 | less.
| ||||||
| 19 | (Source: P.A. 98-852, eff. 8-1-14.)
| ||||||
| 20 | (735 ILCS 30/25-5-60) | ||||||
| 21 | Sec. 25-5-60 25-5-55. Quick-take; Village of Mundelein. | ||||||
| 22 | Quick-take proceedings under Article 20 may be used for a | ||||||
| 23 | period of no longer than one year after the effective date of | ||||||
| |||||||
| |||||||
| 1 | this amendatory Act of the 98th General Assembly by the Village | ||||||
| 2 | of Mundelein in Lake County for the acquisition of property and | ||||||
| 3 | easements, legally described below, for the purpose of widening | ||||||
| 4 | and reconstructing Hawley Street from Midlothian Road to | ||||||
| 5 | Seymour Avenue, and making other public utility improvements | ||||||
| 6 | including the construction of a bike path:
| ||||||
| 7 | PIN: 10-24-423-010
| ||||||
| 8 | That part of Lot 11 (as originally platted), in Western Slope | ||||||
| 9 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 10 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 11 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 12 | Principal Meridian, according to the plat thereof recorded May | ||||||
| 13 | 9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||||||
| 14 | described as follows: beginning at the Southeast corner of Lot | ||||||
| 15 | 11; thence West along the South line of said Lot, 99.95 (meas.) | ||||||
| 16 | 100.00 feet (rec.) to the Southwest corner of said Lot; thence | ||||||
| 17 | North along the West line of said Lot, 10.00 feet; thence | ||||||
| 18 | Southeasterly 8.51 feet to a point 6.00 feet East of and 4.00 | ||||||
| 19 | feet North of the Southwest corner of said Lot; thence East | ||||||
| 20 | parallel with the South line of said Lot, 93.97 feet to the | ||||||
| 21 | East line of said Lot; thence South along said last described | ||||||
| 22 | line, 4.00 feet to the point of beginning, Lake County, | ||||||
| 23 | Illinois. 417.50 sq. ft.
| ||||||
| |||||||
| |||||||
| 1 | Temporary easement: | ||||||
| 2 | That part of Lot 11 (as originally platted), in Western Slope | ||||||
| 3 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 4 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 5 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 6 | Principal Meridian, according to the plot thereof recorded May | ||||||
| 7 | 9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||||||
| 8 | described as follows: commencing at the Southwest corner of | ||||||
| 9 | said Lot 11; thence North along the West line of said Lot, | ||||||
| 10 | 10.00 feet to the point of beginning; thence continuing North | ||||||
| 11 | along said last described line, 35.00 feet; thence East | ||||||
| 12 | parallel with the South line of said Lot, 10.00 feet; thence | ||||||
| 13 | South parallel with the West line of said Lot, 25.00 feet to a | ||||||
| 14 | line 20.00 feet North of and parallel with the South line of | ||||||
| 15 | said Lot; thence East along said last described line, 20.00 | ||||||
| 16 | feet; thence South parallel with the West line of said Lot, | ||||||
| 17 | 16.00 feet to a line 4.00 feet North of and parallel with the | ||||||
| 18 | South line of said Lot; thence West along said last described | ||||||
| 19 | line, 24.00 feet to a point 6.00 feet East of the West line of | ||||||
| 20 | said Lot; thence Northwesterly, 8.51 feet to the point of | ||||||
| 21 | beginning, in Lake County, Illinois. Containing 712.00 sq. ft.
| ||||||
| 22 | PIN: 10-24-423-011
| ||||||
| 23 | The South 4.00 feet of Lot 10 (as originally platted), in | ||||||
| 24 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| |||||||
| |||||||
| 1 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 2 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 3 | East of the Third Principal Meridian, according to the plat | ||||||
| 4 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 5 | Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.
| ||||||
| 6 | PIN: 10-24-423-013
| ||||||
| 7 | The South 4.00 feet of Lot 8 (as originally platted), in | ||||||
| 8 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 9 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 10 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 11 | East of the Third Principal Meridian, according to the plat | ||||||
| 12 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 13 | Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.
| ||||||
| 14 | PIN: 10-24-423-016
| ||||||
| 15 | The South 7.00 feet of Lot 5 (as originally platted), in | ||||||
| 16 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 17 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 18 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 19 | East of the Third Principal Meridian, according to the plat | ||||||
| 20 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 21 | Plats, Page 98, Lake County, Illinois. 700.00 sq. ft.
| ||||||
| |||||||
| |||||||
| 1 | Temporary Easement: | ||||||
| 2 | That part of Lot 5 (as originally platted), in Western Slope | ||||||
| 3 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 4 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 5 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 6 | Principal Meridian, according to the plat thereof recorded May | ||||||
| 7 | 9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||||||
| 8 | described as follows: commencing at the Southeast corner of | ||||||
| 9 | said Lot 5; thence North along the East line of said Lot, 7.00 | ||||||
| 10 | feet to the point of beginning; thence West parallel with the | ||||||
| 11 | South line of said Lot, 100.00 feet to the West line of said | ||||||
| 12 | Lot; thence North along said last described line, 5.00 feet; | ||||||
| 13 | thence East parallel with the South line of said Lot, 52.00 | ||||||
| 14 | feet; thence North parallel with the West line of said Lot, | ||||||
| 15 | 22.50 feet; thence East parallel with the South line of said | ||||||
| 16 | Lot, 14.50 feet; thence North parallel with the West line of | ||||||
| 17 | said Lot, 5.20 feet; thence East parallel with the South line | ||||||
| 18 | of said Lot, 33.50 feet to the East line of said Lot; thence | ||||||
| 19 | South along the last described line, 32.70 feet to the point of | ||||||
| 20 | beginning, in Lake County, Illinois. 1754.20 sq. ft.
| ||||||
| 21 | PIN: 10-24-423-018
| ||||||
| 22 | The South 13.50 feet of Lot 3 (as originally platted), in | ||||||
| 23 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 24 | part of the Southeast Quarter of Section 24, and of the | ||||||
| |||||||
| |||||||
| 1 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 2 | East of the Third Principal Meridian, according to the plat | ||||||
| 3 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 4 | Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.
| ||||||
| 5 | Temporary Easement: | ||||||
| 6 | That part of Lot 3 (as originally platted), in Western Slope | ||||||
| 7 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 8 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 9 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 10 | Principal Meridian, according to the plat thereof recorded May | ||||||
| 11 | 9, 1925 as Document 257151, in Book "N" of Plats, Page 98, | ||||||
| 12 | described as follows: commencing at the Southeast corner of | ||||||
| 13 | said Lot 3; thence North along the East line of said Lot, 13.50 | ||||||
| 14 | feet to the point of beginning; thence West parallel with the | ||||||
| 15 | South line of said Lot, 100.00 feet to the West line of said | ||||||
| 16 | Lot; thence North along said last described line, 10.00 feet; | ||||||
| 17 | thence East parallel with the South line of said Lot, 45.00 | ||||||
| 18 | feet; thence North parallel with the West line of said Lot, | ||||||
| 19 | 30.00 feet; thence East parallel with the South line of said | ||||||
| 20 | Lot, 34.00 feet; thence South parallel with the West line of | ||||||
| 21 | said Lot, 30.00 feet; thence East parallel with the South line | ||||||
| 22 | of said Lot, 21.00 feet to the East line of said Lot; thence | ||||||
| 23 | South along the last described line, 10.00 feet to the point of | ||||||
| 24 | beginning, in Lake County, Illinois. 2020.00 sq. ft.
| ||||||
| |||||||
| |||||||
| 1 | PIN: 10-24-423-019
| ||||||
| 2 | The South 13.50 feet of Lot 2 (as originally platted), in | ||||||
| 3 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 4 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 5 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 6 | East of the Third Principal Meridian, according to the plat | ||||||
| 7 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 8 | Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.
| ||||||
| 9 | PIN: 10-24-423-021
| ||||||
| 10 | The South 13.50 feet of a tract of land described as Lot 1 (as | ||||||
| 11 | originally platted), (except that part taken for highway per | ||||||
| 12 | Document No. 2242325 and 2242326), in Western Slope Subdivision | ||||||
| 13 | of Mundelein, being a Subdivision of part of the Southeast | ||||||
| 14 | Quarter of Section 24, and of the Northeast Quarter of Section | ||||||
| 15 | 25, Township 44 North, Range 10, East of the Third Principal | ||||||
| 16 | Meridian, according to the plat thereof recorded May 9, 1925 as | ||||||
| 17 | Document 257151, in Book "N" of Plats, Page 98, Lake County, | ||||||
| 18 | Illinois. 1040.30 sq. ft.
| ||||||
| 19 | PIN: 10-25-205-003
| ||||||
| 20 | Temporary Easement: | ||||||
| 21 | That part of Lot 44 (as originally platted), in Western Slope | ||||||
| |||||||
| |||||||
| 1 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 2 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 3 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 4 | Principal Meridian, according to the plat thereof recorded May | ||||||
| 5 | 9, 1925 as Document 257151 in Book "N" of Plats, Page 98, | ||||||
| 6 | described as follows: commencing at the Northeast corner of | ||||||
| 7 | said Lot 44; thence South along the East line of said Lot, 5.00 | ||||||
| 8 | feet; thence West parallel with the North line of said Lot, | ||||||
| 9 | 34.00 feet; thence South parallel with the East line of said | ||||||
| 10 | Lot, 5.00 feet; thence West parallel with the North line of | ||||||
| 11 | said Lot, 16.00 feet to the West line of said Lot; thence North | ||||||
| 12 | along said last described Lot, 10.00 feet to the Northwest | ||||||
| 13 | corner of said lot; thence East along the North line of said | ||||||
| 14 | lot, 50.00 feet to the point of beginning, in Lake County, | ||||||
| 15 | Illinois. Containing 331.00 sq. ft.
| ||||||
| 16 | PIN: 10-25-205-004
| ||||||
| 17 | Temporary Easement: | ||||||
| 18 | The North 10.00 feet (except the South 5.00 feet of the West | ||||||
| 19 | 24.00 feet and the South 5.00 feet of the East 3.00 feet | ||||||
| 20 | thereof) of Lot 45 (as originally platted), in Western Slope | ||||||
| 21 | Subdivision of Mundelein, being a Subdivision of part of the | ||||||
| 22 | Southeast Quarter of Section 24, and of the Northeast Quarter | ||||||
| 23 | of Section 25, Township 44 North, Range 10, East of the Third | ||||||
| 24 | Principal Meridian, according to the plat thereof recorded May | ||||||
| |||||||
| |||||||
| 1 | 9, 1925 as Document 257151, in Book "N" of Plats, Page 98, Lake | ||||||
| 2 | County, Illinois. Containing 365.40 sq. ft.
| ||||||
| 3 | PIN: 10-25-205-005
| ||||||
| 4 | Temporary Easement: | ||||||
| 5 | The North 5.00 feet of Lot 46 (as originally platted), in | ||||||
| 6 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 7 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 8 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 9 | East of the Third Principal Meridian, according to the plat | ||||||
| 10 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 11 | Plats, Page 98, Lake County, Illinois. 250.00 sq. ft.
| ||||||
| 12 | PIN: 10-25-206-003
| ||||||
| 13 | Temporary Easement: | ||||||
| 14 | The North 5.00 feet of Lot 60 (as originally platted), in | ||||||
| 15 | Western Slope Subdivision of Mundelein, being a Subdivision of | ||||||
| 16 | part of the Southeast Quarter of Section 24, and of the | ||||||
| 17 | Northeast Quarter of Section 25, Township 44 North, Range 10, | ||||||
| 18 | East of the Third Principal Meridian, according to the plat | ||||||
| 19 | thereof recorded May 9, 1925 as Document 257151, in Book "N" of | ||||||
| 20 | Plats, Page 98, in Lake County, Illinois. 250.00 sq. ft.
| ||||||
| 21 | PIN: 11-30-101-004
| ||||||
| |||||||
| |||||||
| 1 | Temporary Easement:
| ||||||
| 2 | The North 5.00 feet of the East 30.00 feet of a tract of land | ||||||
| 3 | described as the West 75.00 feet of Lots 1 and 2, in Block 1 of | ||||||
| 4 | Hammond's Addition to Rockefeller, being a Subdivision of part | ||||||
| 5 | of Lot 2 of the Northwest Quarter of Section 30, Township 44 | ||||||
| 6 | North, Range 11 East of the Third Principal Meridian, according | ||||||
| 7 | to the plat thereof recorded April 2, 1895 as Document No. | ||||||
| 8 | 61511, in Book "D" of Plats, Page 24,in Lake County, Illinois. | ||||||
| 9 | 150.00 sq. ft.
| ||||||
| 10 | PIN: 11-30-120-001
| ||||||
| 11 | That part of Lot 1 in Hawley Commons, being a subdivision of | ||||||
| 12 | part of the Northwest Quarter of Section 30, Township 44 North, | ||||||
| 13 | Range 11 East, of the Third Principal Meridian according to the | ||||||
| 14 | plat thereof recorded October 8, 1999 as Document No. 4432301, | ||||||
| 15 | and described as follows: Beginning at the Northwest corner of | ||||||
| 16 | Lot 1; thence South along the West line of said Lot 1, 17.00 | ||||||
| 17 | feet; thence Northeasterly 23.91 feet to a point 17.00 feet | ||||||
| 18 | East of the point of beginning and on the North line of said | ||||||
| 19 | Lot 1; thence West along the North line of Lot 1, 17.00 feet to | ||||||
| 20 | the point of beginning, in Lake County, Illinois. Containing | ||||||
| 21 | 144.50 sq. ft.
| ||||||
| 22 | PIN: 10-24-314-036
| ||||||
| |||||||
| |||||||
| 1 | That part of Lot 14 in Block 2 in Mundelein Home Crest | ||||||
| 2 | Subdivision of the Northeast Quarter of the Northwest Quarter | ||||||
| 3 | of Section 25 and part of the East Half of the Southwest | ||||||
| 4 | Quarter of Section 24, all in Township 44 North, Range 10 East | ||||||
| 5 | of the Third Principal Meridian, according to the plat thereof | ||||||
| 6 | recorded June 4, 1926 as Document No. 280148 in Book "P" of | ||||||
| 7 | Plats, Pages 62 and 63, described as lying Southeasterly of a | ||||||
| 8 | curve concave Northwesterly having a radius of 45.00 feet and | ||||||
| 9 | being tangent to the East and South lines of said Lot 14, in | ||||||
| 10 | Lake County, Illinois. 445.10 sq. ft.
| ||||||
| 11 | (Source: P.A. 98-1070, eff. 8-26-14; revised 10-20-14.)
| ||||||
| 12 | Section 545. The Controlled Substance and Cannabis | ||||||
| 13 | Nuisance Act is amended by changing Section 3 as follows:
| ||||||
| 14 | (740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
| ||||||
| 15 | Sec. 3. (a) The Department or the State's Attorney or any | ||||||
| 16 | citizen of the
county in which a nuisance exists may file a | ||||||
| 17 | complaint in the name of the
People of the State of Illinois, | ||||||
| 18 | to enjoin all persons from maintaining or
permitting such | ||||||
| 19 | nuisance, to abate the same and to enjoin the use of any
such | ||||||
| 20 | place for the period of one year.
| ||||||
| 21 | (b) Upon the filing of a complaint by the State's Attorney | ||||||
| 22 | or the Department
in which the complaint states that | ||||||
| 23 | irreparable injury, loss or damage will
result to the People of | ||||||
| |||||||
| |||||||
| 1 | the State of Illinois, the court shall enter a
temporary | ||||||
| 2 | restraining order without notice enjoining the maintenance of
| ||||||
| 3 | such nuisance, upon testimony under oath, affidavit, or | ||||||
| 4 | verified complaint
containing facts sufficient, if sustained, | ||||||
| 5 | to justify the court in entering
a preliminary injunction upon | ||||||
| 6 | a hearing after notice. Every such temporary
restraining order | ||||||
| 7 | entered without notice shall be endorsed with the date
and hour | ||||||
| 8 | of entry of the order, shall be filed of record, and shall
| ||||||
| 9 | expire by its terms within such time after entry, not to exceed | ||||||
| 10 | 10 days as
fixed by the court, unless the temporary restraining | ||||||
| 11 | order, for good cause, is
extended for a like period or unless | ||||||
| 12 | the party against whom the order is
directed consents that it | ||||||
| 13 | may be extended for a longer period. The reason
for extension | ||||||
| 14 | shall be shown in the order. In case a temporary restraining
| ||||||
| 15 | order is entered without notice, the motion for a permanent | ||||||
| 16 | injunction
shall be set down for hearing at the earliest | ||||||
| 17 | possible time and takes
precedence over all matters except | ||||||
| 18 | older matters of the same character, and
when the motion comes | ||||||
| 19 | on for hearing, the Department or State's Attorney,
as the case | ||||||
| 20 | may be, shall proceed with the application for a permanent
| ||||||
| 21 | injunction, and, if he does not do so, the court shall dissolve | ||||||
| 22 | the
temporary restraining order. On 2 days' days notice to the | ||||||
| 23 | Department or State's
Attorney, as the case may be, the | ||||||
| 24 | defendant may appear and move the
dissolution or modification | ||||||
| 25 | of such temporary restraining order and in that
event the court | ||||||
| 26 | shall proceed to hear and determine such motion as
| ||||||
| |||||||
| |||||||
| 1 | expeditiously as the ends of justice require.
| ||||||
| 2 | (c) Upon the filing of the complaint by a citizen or the | ||||||
| 3 | Department or the
State's Attorney (in cases in which the | ||||||
| 4 | Department or State's Attorney does do
not request injunctive | ||||||
| 5 | relief without notice) in the circuit court,
the court, if | ||||||
| 6 | satisfied that the nuisance complained of
exists, shall allow a | ||||||
| 7 | temporary restraining order, with bond unless the
application | ||||||
| 8 | is filed by the Department or State's Attorney, in such amount
| ||||||
| 9 | as the court may determine, enjoining the defendant from | ||||||
| 10 | maintaining any
such nuisance within the jurisdiction of the | ||||||
| 11 | court granting the injunctive
relief. However, no such | ||||||
| 12 | injunctive relief shall be granted, except on
behalf of an | ||||||
| 13 | owner or agent, unless it be made to appear to the
satisfaction | ||||||
| 14 | of the court that the owner or agent of such place, knew or
had | ||||||
| 15 | been personally served with a notice signed by the plaintiff | ||||||
| 16 | and, that
such notice has been served upon such owner or such | ||||||
| 17 | agent of such place at
least 5 days prior thereto, that such | ||||||
| 18 | place, specifically describing the
same, was being so used, | ||||||
| 19 | naming the date or dates of its being so used, and
that such | ||||||
| 20 | owner or agent had failed to abate such nuisance, or that upon
| ||||||
| 21 | diligent inquiry such owner or agent could not be found for
the | ||||||
| 22 | service of such preliminary notice. The lessee, if any, of such | ||||||
| 23 | place
shall be made a party defendant to such petition. If the | ||||||
| 24 | property owner is a corporation and the Department or the | ||||||
| 25 | State's Attorney sends the preliminary notice to the corporate | ||||||
| 26 | address registered with the Secretary of State, such action | ||||||
| |||||||
| |||||||
| 1 | shall create a rebuttable presumption that the parties have | ||||||
| 2 | acted with due diligence and the court may grant injunctive | ||||||
| 3 | relief.
| ||||||
| 4 | (d) In all cases in which the complaint is filed by a | ||||||
| 5 | citizen, such
complaint shall be verified.
| ||||||
| 6 | (Source: P.A. 95-503, eff. 1-1-08; revised 12-10-14.)
| ||||||
| 7 | Section 550. The Mental Health and Developmental | ||||||
| 8 | Disabilities Confidentiality Act is amended by changing | ||||||
| 9 | Sections 9.2 and 10 as follows:
| ||||||
| 10 | (740 ILCS 110/9.2)
| ||||||
| 11 | Sec. 9.2. Interagency disclosure of recipient information. | ||||||
| 12 | For the
purposes of continuity of care, the Department of Human | ||||||
| 13 | Services (as
successor to the Department of Mental Health and | ||||||
| 14 | Developmental
Disabilities), community agencies funded by the
| ||||||
| 15 | Department of Human Services in that capacity, licensed private | ||||||
| 16 | hospitals, integrated health systems, members of an | ||||||
| 17 | interdisciplinary team, federally qualified health centers, or | ||||||
| 18 | physicians or therapists or other healthcare providers | ||||||
| 19 | licensed or certified by or receiving payments from the | ||||||
| 20 | Department of Human Services or the Department of Healthcare | ||||||
| 21 | and Family Services, State correctional facilities, juvenile | ||||||
| 22 | justice facilities, mental health facilities operated by a | ||||||
| 23 | county, mental health court
professionals as defined in Section | ||||||
| 24 | 10 of the Mental Health Court Treatment Act, Veterans and
| ||||||
| |||||||
| |||||||
| 1 | Servicemembers Court professionals as defined in Section 10 of | ||||||
| 2 | the Veterans and
Servicemembers Court Treatment Act and jails | ||||||
| 3 | and juvenile detention facilities operated by any
county of | ||||||
| 4 | this State may disclose a
recipient's record or communications, | ||||||
| 5 | without consent, to each other, but only
for the purpose of | ||||||
| 6 | admission, treatment, planning, coordinating care, discharge, | ||||||
| 7 | or governmentally mandated public health reporting. Entities
| ||||||
| 8 | shall not redisclose any personally identifiable information, | ||||||
| 9 | unless necessary
for admission, treatment, planning, | ||||||
| 10 | coordinating care, discharge, or governmentally mandated | ||||||
| 11 | public health reporting
another setting.
No records or | ||||||
| 12 | communications may be disclosed to a county jail or State | ||||||
| 13 | correctional facility pursuant to
this Section unless the | ||||||
| 14 | Department has entered into a written agreement with
the county | ||||||
| 15 | jail or State correctional facility requiring that the county | ||||||
| 16 | jail or State correctional facility adopt written policies and
| ||||||
| 17 | procedures designed to ensure that the records and | ||||||
| 18 | communications are disclosed
only to those persons employed by | ||||||
| 19 | or under contract to the county jail or State correctional | ||||||
| 20 | facility who are
involved in the provision of mental health | ||||||
| 21 | services to inmates and that the
records and communications are | ||||||
| 22 | protected from further disclosure.
| ||||||
| 23 | (Source: P.A. 97-946, eff. 8-13-12; 98-378, eff. 8-16-13; | ||||||
| 24 | revised 12-10-14.)
| ||||||
| 25 | (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10. (a) Except as provided herein, in any civil, | ||||||
| 2 | criminal,
administrative, or legislative proceeding, or in any | ||||||
| 3 | proceeding preliminary
thereto, a recipient, and a therapist on | ||||||
| 4 | behalf and in the interest of a
recipient, has the privilege to | ||||||
| 5 | refuse to disclose and to prevent the
disclosure of the | ||||||
| 6 | recipient's record or communications.
| ||||||
| 7 | (1) Records and communications may be disclosed in a | ||||||
| 8 | civil, criminal
or administrative proceeding in which the | ||||||
| 9 | recipient introduces his mental
condition or any aspect of | ||||||
| 10 | his services received for such condition as an
element of | ||||||
| 11 | his claim or defense, if and only to the extent the court | ||||||
| 12 | in
which the proceedings have been brought, or, in the case | ||||||
| 13 | of an administrative
proceeding, the court to which an | ||||||
| 14 | appeal or other action for review of an
administrative | ||||||
| 15 | determination may be taken, finds, after in camera
| ||||||
| 16 | examination of testimony or other evidence, that it is | ||||||
| 17 | relevant, probative,
not unduly prejudicial or | ||||||
| 18 | inflammatory, and otherwise clearly
admissible; that other | ||||||
| 19 | satisfactory evidence is demonstrably unsatisfactory
as | ||||||
| 20 | evidence of the facts sought to be established by such | ||||||
| 21 | evidence; and
that disclosure is more important to the | ||||||
| 22 | interests of substantial justice
than protection from | ||||||
| 23 | injury to the therapist-recipient relationship or to
the | ||||||
| 24 | recipient or other whom disclosure is likely to harm. | ||||||
| 25 | Except in a criminal
proceeding in which the recipient, who | ||||||
| 26 | is accused in that proceeding, raises
the defense of | ||||||
| |||||||
| |||||||
| 1 | insanity, no record or communication between a therapist
| ||||||
| 2 | and a recipient shall be deemed relevant for purposes of | ||||||
| 3 | this subsection,
except the fact of treatment, the cost of | ||||||
| 4 | services and the ultimate
diagnosis unless the party | ||||||
| 5 | seeking disclosure of the communication clearly
| ||||||
| 6 | establishes in the trial court a compelling need for its | ||||||
| 7 | production.
However, for purposes of this Act, in any | ||||||
| 8 | action brought or defended under
the Illinois Marriage and | ||||||
| 9 | Dissolution of Marriage Act, or in any action in
which pain | ||||||
| 10 | and suffering is an element of the claim, mental condition | ||||||
| 11 | shall
not be deemed to be introduced merely by making such | ||||||
| 12 | claim and shall be
deemed to be introduced only if the | ||||||
| 13 | recipient or a witness on his behalf
first testifies | ||||||
| 14 | concerning the record or communication.
| ||||||
| 15 | (2) Records or communications may be disclosed in a | ||||||
| 16 | civil proceeding after
the recipient's death when the | ||||||
| 17 | recipient's physical or mental condition
has been | ||||||
| 18 | introduced as an element of a claim or defense by any party | ||||||
| 19 | claiming
or defending through or as a beneficiary of the | ||||||
| 20 | recipient, provided the
court finds, after in camera | ||||||
| 21 | examination of the evidence, that it is relevant,
| ||||||
| 22 | probative, and otherwise clearly admissible; that other | ||||||
| 23 | satisfactory evidence
is not available regarding the facts | ||||||
| 24 | sought to be established by such evidence;
and that | ||||||
| 25 | disclosure is more important to the interests of | ||||||
| 26 | substantial justice
than protection from any injury which | ||||||
| |||||||
| |||||||
| 1 | disclosure is likely to cause.
| ||||||
| 2 | (3) In the event of a claim made or an action filed by | ||||||
| 3 | a recipient, or,
following the recipient's death, by any | ||||||
| 4 | party claiming as a beneficiary
of the recipient for injury | ||||||
| 5 | caused in the course of providing services to such | ||||||
| 6 | recipient, the therapist and other persons whose actions
| ||||||
| 7 | are alleged
to have been the cause of injury may disclose | ||||||
| 8 | pertinent records and
communications to an attorney or | ||||||
| 9 | attorneys engaged to render advice about
and to provide | ||||||
| 10 | representation in connection with such matter and to | ||||||
| 11 | persons
working under the supervision of such attorney or | ||||||
| 12 | attorneys, and may
testify as to such records or
| ||||||
| 13 | communication in any administrative, judicial
or discovery | ||||||
| 14 | proceeding for the purpose of preparing and presenting a
| ||||||
| 15 | defense against such claim or action.
| ||||||
| 16 | (4) Records and communications made to or by a | ||||||
| 17 | therapist in the course
of examination ordered by a court | ||||||
| 18 | for good cause shown may, if otherwise
relevant and | ||||||
| 19 | admissible, be disclosed in a civil, criminal,
or | ||||||
| 20 | administrative proceeding in which the recipient is a party | ||||||
| 21 | or in
appropriate pretrial proceedings, provided such | ||||||
| 22 | court has found that the
recipient has been as adequately | ||||||
| 23 | and as effectively as possible informed
before submitting | ||||||
| 24 | to such examination that such records and communications
| ||||||
| 25 | would not be considered confidential or privileged. Such | ||||||
| 26 | records and
communications shall be admissible only as to | ||||||
| |||||||
| |||||||
| 1 | issues involving the
recipient's physical or mental | ||||||
| 2 | condition and only to the extent that these
are germane to | ||||||
| 3 | such proceedings.
| ||||||
| 4 | (5) Records and communications may be disclosed in a | ||||||
| 5 | proceeding under
the Probate Act of 1975, to determine a | ||||||
| 6 | recipient's competency or need for
guardianship, provided | ||||||
| 7 | that the disclosure is made only with respect to that | ||||||
| 8 | issue.
| ||||||
| 9 | (6) Records and communications may be disclosed to a | ||||||
| 10 | court-appointed therapist, psychologist, or psychiatrist | ||||||
| 11 | for use in determining a person's fitness to stand trial if | ||||||
| 12 | the records were made within the 180-day period immediately | ||||||
| 13 | preceding the date of the therapist's, psychologist's or | ||||||
| 14 | psychiatrist's court appointment. These records and | ||||||
| 15 | communications shall be admissible only as to the issue of | ||||||
| 16 | the person's fitness to stand trial. Records and | ||||||
| 17 | communications may be disclosed when such are made during
| ||||||
| 18 | treatment which the recipient is ordered to undergo to | ||||||
| 19 | render him fit to
stand trial on a criminal charge, | ||||||
| 20 | provided that the disclosure is made only
with respect to | ||||||
| 21 | the issue of fitness to stand trial.
| ||||||
| 22 | (7) Records and communications of the recipient may be | ||||||
| 23 | disclosed in any
civil or administrative proceeding | ||||||
| 24 | involving the validity of or benefits
under a life, | ||||||
| 25 | accident, health or disability insurance policy or | ||||||
| 26 | certificate,
or Health Care Service Plan Contract, | ||||||
| |||||||
| |||||||
| 1 | insuring the recipient, but only if
and to the extent that | ||||||
| 2 | the recipient's mental condition, or treatment or
services | ||||||
| 3 | in connection therewith, is a material element of any claim | ||||||
| 4 | or
defense of any party, provided that information sought | ||||||
| 5 | or disclosed shall
not be redisclosed except in connection | ||||||
| 6 | with the proceeding in which
disclosure is made.
| ||||||
| 7 | (8) Records or communications may be disclosed when | ||||||
| 8 | such are relevant
to a matter in issue in any action | ||||||
| 9 | brought under this Act and proceedings
preliminary | ||||||
| 10 | thereto, provided that any information so disclosed shall | ||||||
| 11 | not
be utilized for any other purpose nor be redisclosed | ||||||
| 12 | except in connection
with such action or preliminary | ||||||
| 13 | proceedings.
| ||||||
| 14 | (9) Records and communications of the recipient may be | ||||||
| 15 | disclosed in
investigations of and trials for homicide when | ||||||
| 16 | the disclosure relates directly
to the fact or immediate | ||||||
| 17 | circumstances of the homicide.
| ||||||
| 18 | (10) Records and communications of a deceased | ||||||
| 19 | recipient shall be
disclosed to a coroner conducting a | ||||||
| 20 | preliminary investigation into the
recipient's death under | ||||||
| 21 | Section 3-3013 of the Counties Code.
| ||||||
| 22 | (11) Records and communications of a recipient shall be | ||||||
| 23 | disclosed in a
proceeding
where a petition or motion is | ||||||
| 24 | filed under the Juvenile Court Act of 1987 and
the | ||||||
| 25 | recipient is
named as a parent, guardian, or legal | ||||||
| 26 | custodian of a minor who is the subject
of a petition for | ||||||
| |||||||
| |||||||
| 1 | wardship as
described in Section
2-3 of that Act or a minor | ||||||
| 2 | who is the subject of a petition for wardship as
described | ||||||
| 3 | in Section 2-4 of that
Act alleging the
minor is abused, | ||||||
| 4 | neglected, or dependent or the recipient is named as a | ||||||
| 5 | parent
of a child
who is the subject of
a petition, | ||||||
| 6 | supplemental petition, or motion to appoint a guardian with | ||||||
| 7 | the
power to consent to
adoption under Section 2-29 of the | ||||||
| 8 | Juvenile Court Act
of 1987.
| ||||||
| 9 | (12) Records and communications of a recipient may be
| ||||||
| 10 | disclosed when disclosure is necessary to collect sums or | ||||||
| 11 | receive
third party payment representing charges for | ||||||
| 12 | mental health or
developmental disabilities services | ||||||
| 13 | provided by a therapist or
agency to a recipient; however, | ||||||
| 14 | disclosure shall be limited to
information needed to pursue | ||||||
| 15 | collection, and the information so
disclosed may not be | ||||||
| 16 | used for any other purposes nor may it be
redisclosed | ||||||
| 17 | except in connection with collection activities.
Whenever | ||||||
| 18 | records are disclosed pursuant to this subdivision (12), | ||||||
| 19 | the
recipient of the records shall be advised in writing | ||||||
| 20 | that any person who
discloses mental health records and | ||||||
| 21 | communications in violation of this Act may
be subject to | ||||||
| 22 | civil liability pursuant to Section 15 of this Act or to | ||||||
| 23 | criminal
penalties pursuant to Section 16 of this Act or | ||||||
| 24 | both.
| ||||||
| 25 | (b) Before a disclosure is made under subsection (a), any | ||||||
| 26 | party to the
proceeding or any other interested person may | ||||||
| |||||||
| |||||||
| 1 | request an in camera review
of the record or communications to | ||||||
| 2 | be disclosed. The court or agency
conducting the proceeding may | ||||||
| 3 | hold an in camera review on its own motion.
When, contrary to | ||||||
| 4 | the express wish of the recipient, the therapist asserts
a | ||||||
| 5 | privilege on behalf and in the interest of a recipient, the | ||||||
| 6 | court may
require that the therapist, in an in camera hearing, | ||||||
| 7 | establish that
disclosure is not in the best interest of the | ||||||
| 8 | recipient. The court or
agency may prevent disclosure or limit | ||||||
| 9 | disclosure to the extent that other
admissible evidence is | ||||||
| 10 | sufficient to establish the facts in issue. The
court or agency | ||||||
| 11 | may enter such orders as may be necessary in order to
protect | ||||||
| 12 | the confidentiality, privacy, and safety of the recipient or of
| ||||||
| 13 | other persons. Any order to disclose or to not disclose shall | ||||||
| 14 | be
considered a final order for purposes of appeal and shall be | ||||||
| 15 | subject to
interlocutory appeal.
| ||||||
| 16 | (c) A recipient's records and communications may be | ||||||
| 17 | disclosed to a
duly authorized committee, commission or | ||||||
| 18 | subcommittee of the General
Assembly which possesses subpoena | ||||||
| 19 | and hearing powers, upon a written
request approved by a | ||||||
| 20 | majority vote of the committee, commission or
subcommittee | ||||||
| 21 | members. The committee, commission or subcommittee may
request | ||||||
| 22 | records only for the purposes of investigating or studying
| ||||||
| 23 | possible violations of recipient rights. The request shall | ||||||
| 24 | state the
purpose for which disclosure is sought.
| ||||||
| 25 | The facility shall notify the recipient, or his guardian, | ||||||
| 26 | and therapist in
writing of any disclosure request under this | ||||||
| |||||||
| |||||||
| 1 | subsection within 5 business
days after such request. Such | ||||||
| 2 | notification shall also inform the
recipient, or guardian, and | ||||||
| 3 | therapist of their right to object to the
disclosure within 10 | ||||||
| 4 | business days after receipt of the notification and
shall | ||||||
| 5 | include the name, address and telephone number of the
| ||||||
| 6 | committee, commission or subcommittee member or staff person | ||||||
| 7 | with whom an
objection shall be filed. If no objection has been | ||||||
| 8 | filed within 15
business days after the request for disclosure, | ||||||
| 9 | the facility shall disclose
the records and communications to | ||||||
| 10 | the committee, commission or
subcommittee. If an objection has | ||||||
| 11 | been filed within 15 business days after
the request for | ||||||
| 12 | disclosure, the facility shall disclose the records and
| ||||||
| 13 | communications only after the committee, commission or | ||||||
| 14 | subcommittee has
permitted the recipient, guardian or | ||||||
| 15 | therapist to present his objection in
person before it and has | ||||||
| 16 | renewed its request for disclosure by a majority
vote of its | ||||||
| 17 | members.
| ||||||
| 18 | Disclosure under this subsection shall not occur until all | ||||||
| 19 | personally
identifiable data of the recipient and provider are | ||||||
| 20 | removed from the
records and communications. Disclosure under | ||||||
| 21 | this subsection shall not
occur in any public proceeding.
| ||||||
| 22 | (d) No party to any proceeding described under paragraphs | ||||||
| 23 | (1), (2),
(3), (4), (7), or (8) of subsection (a) of this | ||||||
| 24 | Section, nor his or
her attorney, shall serve a subpoena | ||||||
| 25 | seeking to obtain access to records or
communications under | ||||||
| 26 | this Act unless the subpoena is accompanied by a
written order | ||||||
| |||||||
| |||||||
| 1 | issued by a judge or by the written consent under Section 5 of | ||||||
| 2 | this Act of the person whose records are being sought, | ||||||
| 3 | authorizing the disclosure of the records
or the issuance of | ||||||
| 4 | the subpoena. No such written order shall be issued without | ||||||
| 5 | written notice of the motion to the recipient and the treatment | ||||||
| 6 | provider. Prior to issuance of the order, each party or other | ||||||
| 7 | person entitled to notice shall be permitted an opportunity to | ||||||
| 8 | be heard pursuant to subsection (b) of this Section. In the | ||||||
| 9 | absence of the written consent under Section 5 of this Act of | ||||||
| 10 | the person whose records are being sought, no person shall | ||||||
| 11 | comply with a subpoena for
records or communications under this | ||||||
| 12 | Act, unless the subpoena is
accompanied by a written order | ||||||
| 13 | authorizing the issuance of the subpoena or
the disclosure of | ||||||
| 14 | the records. Each subpoena issued by a court or administrative | ||||||
| 15 | agency or served on any person pursuant to this subsection (d) | ||||||
| 16 | shall include the following language: "No person shall comply | ||||||
| 17 | with a subpoena for mental health records or communications | ||||||
| 18 | pursuant to Section 10 of the Mental Health and Developmental | ||||||
| 19 | Disabilities Confidentiality Act, 740 ILCS 110/10, unless the | ||||||
| 20 | subpoena is accompanied by a written order that authorizes the | ||||||
| 21 | issuance of the subpoena and the disclosure of records or | ||||||
| 22 | communications or by the written consent under Section 5 of | ||||||
| 23 | that Act of the person whose records are being sought."
| ||||||
| 24 | (e) When a person has been transported by a peace officer | ||||||
| 25 | to a mental
health facility, then upon the request of a peace | ||||||
| 26 | officer, if the person is
allowed to leave the mental health | ||||||
| |||||||
| |||||||
| 1 | facility within 48 hours of arrival,
excluding Saturdays, | ||||||
| 2 | Sundays, and holidays, the facility director shall notify
the | ||||||
| 3 | local law enforcement authority prior to the release of the | ||||||
| 4 | person. The
local law enforcement authority may re-disclose the | ||||||
| 5 | information as necessary to
alert the appropriate enforcement | ||||||
| 6 | or prosecuting authority.
| ||||||
| 7 | (f) A recipient's records and communications shall be | ||||||
| 8 | disclosed to the
Inspector General of the Department of Human | ||||||
| 9 | Services within 10 business days
of a request by the Inspector | ||||||
| 10 | General
(i) in the course of an investigation authorized by the | ||||||
| 11 | Department of Human Services Act and applicable rule or (ii) | ||||||
| 12 | during the course of an assessment authorized by the Abuse of | ||||||
| 13 | Adults with Disabilities Intervention Act and applicable rule. | ||||||
| 14 | The request
shall be
in writing and signed by the Inspector | ||||||
| 15 | General or his or her designee. The
request shall state the | ||||||
| 16 | purpose for which disclosure is sought. Any person who
| ||||||
| 17 | knowingly and willfully refuses to comply with such a request | ||||||
| 18 | is guilty of a
Class A misdemeanor. A recipient's records and | ||||||
| 19 | communications shall also be disclosed pursuant to subsection | ||||||
| 20 | (s) (g-5) of Section 1-17 of the Department of Human Services | ||||||
| 21 | Act in testimony at health care worker registry hearings or | ||||||
| 22 | preliminary proceedings when such are relevant to the matter in | ||||||
| 23 | issue, provided that any information so disclosed shall not be | ||||||
| 24 | utilized for any other purpose nor be redisclosed except in | ||||||
| 25 | connection with such action or preliminary proceedings.
| ||||||
| 26 | (Source: P.A. 97-566, eff. 1-1-12; 98-221, eff. 1-1-14; 98-908, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-15; revised 12-10-14.)
| ||||||
| 2 | Section 555. The Illinois Marriage and Dissolution of | ||||||
| 3 | Marriage Act is amended by changing Sections 220, 503, and 601 | ||||||
| 4 | as follows:
| ||||||
| 5 | (750 ILCS 5/220) | ||||||
| 6 | Sec. 220. Consent to jurisdiction. Members of a same-sex | ||||||
| 7 | couple who enter into a marriage in this State consent to the | ||||||
| 8 | jurisdiction of the courts of this State for the
purpose of any | ||||||
| 9 | action relating to the marriage, even if one or both
parties | ||||||
| 10 | cease to reside in this State. A court shall enter a
judgment | ||||||
| 11 | of dissolution of marriage if, at the time the action is
| ||||||
| 12 | commenced, it meets the grounds for dissolution of marriage set | ||||||
| 13 | forth in this Act.
| ||||||
| 14 | (Source: P.A. 98-597, eff. 6-1-14; revised 12-10-14.)
| ||||||
| 15 | (750 ILCS 5/503) (from Ch. 40, par. 503)
| ||||||
| 16 | Sec. 503. Disposition of property.
| ||||||
| 17 | (a) For purposes of this Act, "marital property" means all | ||||||
| 18 | property acquired
by either spouse subsequent to the marriage, | ||||||
| 19 | except the following, which is
known as "non-marital property":
| ||||||
| 20 | (1) property acquired by gift, legacy or descent;
| ||||||
| 21 | (2) property acquired in exchange for property | ||||||
| 22 | acquired before the
marriage or in exchange for property | ||||||
| 23 | acquired by gift, legacy or descent;
| ||||||
| |||||||
| |||||||
| 1 | (3) property acquired by a spouse after a judgment of | ||||||
| 2 | legal separation;
| ||||||
| 3 | (4) property excluded by valid agreement of the | ||||||
| 4 | parties;
| ||||||
| 5 | (5) any judgment or property obtained by judgment | ||||||
| 6 | awarded to a spouse
from the other spouse;
| ||||||
| 7 | (6) property acquired before the marriage;
| ||||||
| 8 | (7) the increase in value of property acquired by a | ||||||
| 9 | method listed in
paragraphs (1) through (6) of this | ||||||
| 10 | subsection, irrespective of whether the
increase results | ||||||
| 11 | from a contribution of marital property, non-marital | ||||||
| 12 | property,
the personal effort of a spouse, or otherwise, | ||||||
| 13 | subject to the right of
reimbursement provided in | ||||||
| 14 | subsection (c) of this Section; and
| ||||||
| 15 | (8) income from property acquired by a method listed in | ||||||
| 16 | paragraphs (1)
through (7) of this subsection if the income | ||||||
| 17 | is not attributable to the
personal effort of a spouse.
| ||||||
| 18 | (b)(1) For purposes of distribution of property pursuant to | ||||||
| 19 | this
Section, all property acquired by either spouse after the | ||||||
| 20 | marriage and before a
judgment of dissolution of marriage or | ||||||
| 21 | declaration of invalidity of marriage,
including non-marital | ||||||
| 22 | property transferred into some form of co-ownership
between the | ||||||
| 23 | spouses, is presumed to be marital property, regardless of | ||||||
| 24 | whether
title is held individually or by the spouses in some | ||||||
| 25 | form of co-ownership such
as joint tenancy, tenancy in common, | ||||||
| 26 | tenancy by the entirety, or community
property. The presumption | ||||||
| |||||||
| |||||||
| 1 | of marital property is overcome by a showing that
the property | ||||||
| 2 | was acquired by a method listed in subsection (a) of this | ||||||
| 3 | Section.
| ||||||
| 4 | (2) For purposes of distribution of property pursuant to | ||||||
| 5 | this Section,
all pension benefits (including pension benefits | ||||||
| 6 | under the Illinois Pension
Code) acquired by either spouse | ||||||
| 7 | after the marriage and before a judgment of
dissolution of | ||||||
| 8 | marriage or declaration of invalidity of the marriage are
| ||||||
| 9 | presumed to be marital property, regardless of which spouse | ||||||
| 10 | participates in the
pension plan. The presumption that these | ||||||
| 11 | pension benefits are marital property
is overcome by a showing | ||||||
| 12 | that the pension benefits were acquired by a method
listed in | ||||||
| 13 | subsection (a) of this Section. The right to a division of | ||||||
| 14 | pension
benefits in just proportions under this Section is | ||||||
| 15 | enforceable under Section
1-119 of the Illinois Pension Code.
| ||||||
| 16 | The value of pension benefits in a retirement system | ||||||
| 17 | subject to the Illinois
Pension Code shall be determined in | ||||||
| 18 | accordance with the valuation procedures
established by the | ||||||
| 19 | retirement system.
| ||||||
| 20 | The recognition of pension benefits as marital property and | ||||||
| 21 | the division of
those benefits pursuant to a Qualified Illinois | ||||||
| 22 | Domestic Relations Order shall
not be deemed to be a | ||||||
| 23 | diminishment, alienation, or impairment of those
benefits. The | ||||||
| 24 | division of pension benefits is an allocation of property in
| ||||||
| 25 | which each spouse has a species of common ownership.
| ||||||
| 26 | (3) For purposes of distribution of property under this | ||||||
| |||||||
| |||||||
| 1 | Section, all stock
options granted to either spouse after the | ||||||
| 2 | marriage and before a judgment of
dissolution of marriage or | ||||||
| 3 | declaration of invalidity of marriage, whether
vested or | ||||||
| 4 | non-vested or whether their value is ascertainable, are | ||||||
| 5 | presumed to
be marital property. This presumption of marital | ||||||
| 6 | property is overcome by a
showing that the stock options were | ||||||
| 7 | acquired by a method listed in subsection
(a) of this Section. | ||||||
| 8 | The court shall allocate stock options between the
parties at | ||||||
| 9 | the time of the judgment of dissolution of marriage or | ||||||
| 10 | declaration
of invalidity of marriage recognizing that the | ||||||
| 11 | value of the stock options may
not be then determinable and | ||||||
| 12 | that the actual division of the options may not
occur until a | ||||||
| 13 | future date. In making the allocation between the parties, the
| ||||||
| 14 | court shall consider, in addition to the factors set forth in | ||||||
| 15 | subsection (d) of
this Section, the following:
| ||||||
| 16 | (i) All circumstances underlying the grant of the stock | ||||||
| 17 | option including
but not limited to whether the grant was | ||||||
| 18 | for past, present, or future efforts,
or any combination | ||||||
| 19 | thereof.
| ||||||
| 20 | (ii) The length of time from the grant of the option to | ||||||
| 21 | the time the
option is exercisable.
| ||||||
| 22 | (b-5) As to any policy of life insurance insuring the life | ||||||
| 23 | of either spouse, or any interest in such policy, that | ||||||
| 24 | constitutes marital property, whether whole life, term life, | ||||||
| 25 | group term life, universal life, or other form of life
| ||||||
| 26 | insurance policy, and whether or not the value is | ||||||
| |||||||
| |||||||
| 1 | ascertainable, the court shall allocate ownership, death | ||||||
| 2 | benefits or the
right to assign death benefits, and the | ||||||
| 3 | obligation for premium payments, if any, equitably between the | ||||||
| 4 | parties at the
time of the judgment for dissolution or | ||||||
| 5 | declaration of invalidity of marriage. | ||||||
| 6 | (c) Commingled marital and non-marital property shall be | ||||||
| 7 | treated in
the following manner, unless otherwise agreed by the | ||||||
| 8 | spouses:
| ||||||
| 9 | (1) When marital and non-marital property are | ||||||
| 10 | commingled by contributing
one estate of property into | ||||||
| 11 | another resulting in a loss of identity of the
contributed | ||||||
| 12 | property, the classification of the contributed property | ||||||
| 13 | is
transmuted to the estate receiving the contribution, | ||||||
| 14 | subject to the provisions
of paragraph (2) of this | ||||||
| 15 | subsection; provided that if marital and non-marital
| ||||||
| 16 | property are commingled into newly acquired property | ||||||
| 17 | resulting in a loss
of identity of the contributing | ||||||
| 18 | estates, the commingled property shall be
deemed | ||||||
| 19 | transmuted to marital property, subject to the provisions | ||||||
| 20 | of paragraph
(2) of this subsection.
| ||||||
| 21 | (2) When one estate of property makes a contribution to | ||||||
| 22 | another estate
of property, or when a spouse contributes | ||||||
| 23 | personal effort to non-marital
property, the contributing | ||||||
| 24 | estate shall be reimbursed from the estate receiving
the | ||||||
| 25 | contribution notwithstanding any transmutation; provided, | ||||||
| 26 | that no such
reimbursement shall be made with respect to a | ||||||
| |||||||
| |||||||
| 1 | contribution which is not
retraceable by clear and | ||||||
| 2 | convincing evidence, or was a gift, or, in the
case of a | ||||||
| 3 | contribution of personal effort of a spouse to non-marital | ||||||
| 4 | property,
unless the effort is significant and results in | ||||||
| 5 | substantial appreciation
of the non-marital property. | ||||||
| 6 | Personal effort of a spouse shall be deemed
a contribution | ||||||
| 7 | by the marital estate. The court may provide for | ||||||
| 8 | reimbursement
out of the marital property to be divided or | ||||||
| 9 | by imposing a lien against the
non-marital property which | ||||||
| 10 | received the contribution.
| ||||||
| 11 | (d) In a proceeding for dissolution of marriage or | ||||||
| 12 | declaration of invalidity
of marriage, or in a proceeding for | ||||||
| 13 | disposition of property following
dissolution of marriage by a | ||||||
| 14 | court which lacked personal jurisdiction over the
absent spouse | ||||||
| 15 | or lacked jurisdiction to dispose of the property, the court
| ||||||
| 16 | shall assign each spouse's non-marital property to that spouse. | ||||||
| 17 | It also shall
divide the marital property without regard to | ||||||
| 18 | marital misconduct in just
proportions considering all | ||||||
| 19 | relevant factors, including:
| ||||||
| 20 | (1) the contribution of each party to the acquisition, | ||||||
| 21 | preservation, or
increase or decrease in value of the | ||||||
| 22 | marital or non-marital property, including
(i) any such | ||||||
| 23 | decrease attributable to a payment deemed to have been an | ||||||
| 24 | advance from the parties' marital estate under subsection | ||||||
| 25 | (c-1)(2) of Section 501 and (ii) the contribution of a | ||||||
| 26 | spouse as a homemaker or to the family unit;
| ||||||
| |||||||
| |||||||
| 1 | (2) the dissipation by each party of the marital or | ||||||
| 2 | non-marital property, provided that a party's claim of | ||||||
| 3 | dissipation is subject to the following conditions:
| ||||||
| 4 | (i) a notice of intent to claim dissipation shall | ||||||
| 5 | be given no later than 60 days
before trial or 30 days | ||||||
| 6 | after discovery closes, whichever is later; | ||||||
| 7 | (ii) the notice of intent to claim dissipation | ||||||
| 8 | shall contain, at a minimum, a date or period of time | ||||||
| 9 | during which the marriage began undergoing an | ||||||
| 10 | irretrievable breakdown, an identification of the | ||||||
| 11 | property dissipated, and a date or period of time | ||||||
| 12 | during which the dissipation occurred; | ||||||
| 13 | (iii) the notice of intent to claim dissipation | ||||||
| 14 | shall be filed with the clerk of the court and be | ||||||
| 15 | served pursuant to applicable rules; | ||||||
| 16 | (iv) no dissipation shall be deemed to have | ||||||
| 17 | occurred prior to 5 years before the filing of the | ||||||
| 18 | petition for dissolution of marriage, or 3 years after | ||||||
| 19 | the party
claiming dissipation knew or should have | ||||||
| 20 | known of the dissipation;
| ||||||
| 21 | (3) the value of the property assigned to each spouse;
| ||||||
| 22 | (4) the duration of the marriage;
| ||||||
| 23 | (5) the relevant economic circumstances of each spouse | ||||||
| 24 | when the division
of property is to become effective, | ||||||
| 25 | including the desirability of awarding
the family home, or | ||||||
| 26 | the right to live therein for reasonable periods, to the
| ||||||
| |||||||
| |||||||
| 1 | spouse having custody of the children;
| ||||||
| 2 | (6) any obligations and rights arising from a prior | ||||||
| 3 | marriage
of either party;
| ||||||
| 4 | (7) any antenuptial agreement of the parties;
| ||||||
| 5 | (8) the age, health, station, occupation, amount and | ||||||
| 6 | sources of income,
vocational skills, employability, | ||||||
| 7 | estate, liabilities, and needs of each of the
parties;
| ||||||
| 8 | (9) the custodial provisions for any children;
| ||||||
| 9 | (10) whether the apportionment is in lieu of or in | ||||||
| 10 | addition to
maintenance;
| ||||||
| 11 | (11) the reasonable opportunity of each spouse for | ||||||
| 12 | future acquisition
of capital assets and income; and
| ||||||
| 13 | (12) the tax consequences of the property division upon | ||||||
| 14 | the
respective economic circumstances of the parties.
| ||||||
| 15 | (e) Each spouse has a species of common ownership in the | ||||||
| 16 | marital property
which vests at the time dissolution | ||||||
| 17 | proceedings are commenced and continues
only during the | ||||||
| 18 | pendency of the action. Any such interest in marital property
| ||||||
| 19 | shall not encumber that property so as to restrict its | ||||||
| 20 | transfer, assignment
or conveyance by the title holder unless | ||||||
| 21 | such title holder is specifically
enjoined from making such | ||||||
| 22 | transfer, assignment or conveyance.
| ||||||
| 23 | (f) In a proceeding for dissolution of marriage or | ||||||
| 24 | declaration of
invalidity of marriage or in a proceeding for | ||||||
| 25 | disposition of property
following dissolution of marriage by a | ||||||
| 26 | court that lacked personal
jurisdiction over the absent spouse | ||||||
| |||||||
| |||||||
| 1 | or lacked jurisdiction to dispose of
the property, the court, | ||||||
| 2 | in determining the value of the marital and
non-marital | ||||||
| 3 | property for purposes of dividing the property, shall value the
| ||||||
| 4 | property as of the date of trial or some other date as close to | ||||||
| 5 | the date
of trial as is practicable.
| ||||||
| 6 | (g) The court if necessary to protect and promote the best | ||||||
| 7 | interests of the
children may set aside a portion of the | ||||||
| 8 | jointly or separately held
estates of the parties in a separate | ||||||
| 9 | fund or trust for the support,
maintenance, education, physical | ||||||
| 10 | and mental health, and general welfare of any minor, dependent,
| ||||||
| 11 | or incompetent child of the parties. In making a determination | ||||||
| 12 | under this
subsection, the court may consider, among other | ||||||
| 13 | things, the conviction of a
party of any of the offenses set | ||||||
| 14 | forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 15 | 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||||||
| 16 | 12-15, or 12-16, or Section 12-3.05 except for subdivision | ||||||
| 17 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal | ||||||
| 18 | Code of 2012 if the
victim is a
child of one or both of the | ||||||
| 19 | parties, and there is a need for, and cost of,
care, healing | ||||||
| 20 | and counseling for the child who is the victim of the crime.
| ||||||
| 21 | (h) Unless specifically directed by a reviewing court, or | ||||||
| 22 | upon good
cause shown, the court shall not on remand consider | ||||||
| 23 | any increase or
decrease in the value of any "marital" or | ||||||
| 24 | "non-marital" property occurring
since the assessment of such | ||||||
| 25 | property at the original trial or hearing, but
shall use only | ||||||
| 26 | that assessment made at the original trial or hearing.
| ||||||
| |||||||
| |||||||
| 1 | (i) The court may make such judgments affecting the marital | ||||||
| 2 | property
as may be just and may enforce such judgments by | ||||||
| 3 | ordering a sale of marital
property, with proceeds therefrom to | ||||||
| 4 | be applied as determined by the court.
| ||||||
| 5 | (j) After proofs have closed in the final hearing on all | ||||||
| 6 | other issues
between the parties (or in conjunction with the | ||||||
| 7 | final hearing, if all parties
so stipulate) and before judgment | ||||||
| 8 | is entered, a party's petition for
contribution to fees and | ||||||
| 9 | costs incurred in the proceeding shall be heard and
decided, in | ||||||
| 10 | accordance with the following provisions:
| ||||||
| 11 | (1) A petition for contribution, if not filed before | ||||||
| 12 | the final hearing
on other issues between the parties, | ||||||
| 13 | shall be filed no later than 30 days after
the closing of | ||||||
| 14 | proofs in the final hearing or within such other period as | ||||||
| 15 | the
court orders.
| ||||||
| 16 | (2) Any award of contribution to one party from the | ||||||
| 17 | other party shall be
based on the criteria for division of | ||||||
| 18 | marital property under this Section 503
and, if maintenance | ||||||
| 19 | has been awarded, on the criteria for an award of
| ||||||
| 20 | maintenance under Section 504.
| ||||||
| 21 | (3) The filing of a petition for contribution shall not | ||||||
| 22 | be deemed to
constitute a waiver of the attorney-client | ||||||
| 23 | privilege between the petitioning
party and current or | ||||||
| 24 | former counsel; and such a waiver shall not constitute a
| ||||||
| 25 | prerequisite to a hearing for contribution. If either | ||||||
| 26 | party's presentation on
contribution, however, includes | ||||||
| |||||||
| |||||||
| 1 | evidence within the scope of the
attorney-client | ||||||
| 2 | privilege, the disclosure or disclosures shall be narrowly
| ||||||
| 3 | construed and shall not be deemed by the court to | ||||||
| 4 | constitute a general waiver
of the privilege as to matters | ||||||
| 5 | beyond the scope of the presentation.
| ||||||
| 6 | (4) No finding on which a contribution award is based | ||||||
| 7 | or denied shall be
asserted against counsel or former | ||||||
| 8 | counsel for purposes of any hearing under
subsection (c) or | ||||||
| 9 | (e) of Section 508.
| ||||||
| 10 | (5) A contribution award (payable to either the | ||||||
| 11 | petitioning
party or the party's counsel, or jointly, as | ||||||
| 12 | the court determines) may be in
the form of either a set | ||||||
| 13 | dollar amount or a percentage of fees and costs (or a
| ||||||
| 14 | portion of fees and costs) to be subsequently agreed upon | ||||||
| 15 | by the petitioning
party and counsel or, alternatively, | ||||||
| 16 | thereafter determined in a hearing
pursuant to subsection | ||||||
| 17 | (c) of Section 508 or previously or thereafter
determined | ||||||
| 18 | in an independent proceeding under subsection (e) of | ||||||
| 19 | Section
508.
| ||||||
| 20 | (6) The changes to this Section 503 made by this | ||||||
| 21 | amendatory Act of 1996
apply to cases pending on or after | ||||||
| 22 | June 1, 1997, except as otherwise provided
in Section 508.
| ||||||
| 23 | (k) The changes made to this Section by Public Act 97-941 | ||||||
| 24 | this amendatory Act of the 97th General Assembly apply only to | ||||||
| 25 | petitions for dissolution of marriage filed on or after January | ||||||
| 26 | 1, 2013 (the effective date of Public Act 97-941) this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 97th General Assembly. | ||||||
| 2 | (Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
| 3 | 985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff. | ||||||
| 4 | 7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff. | ||||||
| 5 | 1-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||||||
| 6 | (750 ILCS 5/601) (from Ch. 40, par. 601)
| ||||||
| 7 | Sec. 601. Jurisdiction; Commencement of Proceeding.
| ||||||
| 8 | (a) A court of this State competent to decide child custody | ||||||
| 9 | matters has
jurisdiction to make a child custody determination | ||||||
| 10 | in original or modification
proceedings as provided in Section | ||||||
| 11 | 201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
| 12 | Act as
adopted by this State.
| ||||||
| 13 | (b) A child custody proceeding is commenced in the court:
| ||||||
| 14 | (1) by a parent, by filing a petition:
| ||||||
| 15 | (i) for dissolution of marriage or legal | ||||||
| 16 | separation or declaration
of invalidity of marriage; | ||||||
| 17 | or
| ||||||
| 18 | (ii) for custody of the child, in the county in | ||||||
| 19 | which he is
permanently resident or found;
| ||||||
| 20 | (2) by a person other than a parent, by filing a | ||||||
| 21 | petition for
custody of the child in the county in which he | ||||||
| 22 | is permanently resident
or found, but only if he is not in | ||||||
| 23 | the physical custody of one of his
parents; or
| ||||||
| 24 | (3) by a stepparent, by filing a petition, if all of | ||||||
| 25 | the following
circumstances are met:
| ||||||
| |||||||
| |||||||
| 1 | (A) the child is at least 12 years old;
| ||||||
| 2 | (B) the custodial parent and stepparent were | ||||||
| 3 | married for at least 5
years during which the child | ||||||
| 4 | resided with the parent and stepparent;
| ||||||
| 5 | (C) the custodial parent is deceased or is disabled | ||||||
| 6 | and cannot perform
the duties of a parent to the child;
| ||||||
| 7 | (D) the stepparent provided for the care, control, | ||||||
| 8 | and welfare to the
child prior to the initiation of | ||||||
| 9 | custody proceedings;
| ||||||
| 10 | (E) the child wishes to live with the stepparent; | ||||||
| 11 | and
| ||||||
| 12 | (F) it is alleged to be in the best interests and | ||||||
| 13 | welfare of the
child to live with the stepparent as | ||||||
| 14 | provided in Section 602 of this Act; or . | ||||||
| 15 | (4) when When one of the parents is deceased, by a | ||||||
| 16 | grandparent who is a parent or stepparent of a deceased | ||||||
| 17 | parent, by filing a petition, if one or more of the | ||||||
| 18 | following existed at the time of the parent's death: | ||||||
| 19 | (A) the surviving parent had been absent from the | ||||||
| 20 | marital abode for more than one month without the | ||||||
| 21 | deceased spouse knowing his or her whereabouts; | ||||||
| 22 | (B) the surviving parent was in State or federal | ||||||
| 23 | custody; or | ||||||
| 24 | (C) the surviving parent had: (i) received | ||||||
| 25 | supervision for or been convicted of any violation of | ||||||
| 26 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| |||||||
| |||||||
| 1 | 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||||||
| 2 | 19-6, or Article 12 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012 directed towards the deceased | ||||||
| 4 | parent or the child; or (ii) received supervision or | ||||||
| 5 | been convicted of violating an order of protection | ||||||
| 6 | entered under Section 217, 218, or 219 of the Illinois | ||||||
| 7 | Domestic Violence Act of 1986 for the protection of the | ||||||
| 8 | deceased parent or the child.
| ||||||
| 9 | (c) Notice of a child custody proceeding, including an | ||||||
| 10 | action
for modification of a previous custody order, shall be | ||||||
| 11 | given to the
child's parents, guardian and custodian, who may | ||||||
| 12 | appear, be heard, and
file a responsive pleading. The court, | ||||||
| 13 | upon showing of good cause, may
permit intervention of other | ||||||
| 14 | interested parties.
| ||||||
| 15 | (d) Proceedings for modification of a previous custody | ||||||
| 16 | order
commenced more than 30 days following the entry of a | ||||||
| 17 | previous custody order
must be initiated by serving a written | ||||||
| 18 | notice and a copy of the petition
for modification upon the | ||||||
| 19 | child's parent, guardian and custodian at least
30 days prior | ||||||
| 20 | to hearing on the petition. Nothing in this Section shall
| ||||||
| 21 | preclude a party in custody modification proceedings from | ||||||
| 22 | moving for a
temporary order under Section 603 of this Act.
| ||||||
| 23 | (e) (Blank). | ||||||
| 24 | (f) The court shall, at the court's discretion or upon the | ||||||
| 25 | request of any party entitled to petition for custody of the | ||||||
| 26 | child, appoint a guardian ad litem to represent the best | ||||||
| |||||||
| |||||||
| 1 | interest of the child for the duration of the custody | ||||||
| 2 | proceeding or for any modifications of any custody orders | ||||||
| 3 | entered. Nothing in this Section shall be construed to prevent | ||||||
| 4 | the court from appointing the same guardian ad litem for 2 or | ||||||
| 5 | more children that are siblings or half-siblings.
| ||||||
| 6 | (Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)
| ||||||
| 7 | Section 560. The Uniform Interstate Family Support Act is | ||||||
| 8 | amended by changing Section 102 as follows:
| ||||||
| 9 | (750 ILCS 22/102) (was 750 ILCS 22/101)
| ||||||
| 10 | Sec. 102. Definitions. In this Act:
| ||||||
| 11 | "Child" means an individual, whether over or under the
age | ||||||
| 12 | of 18, who is or is alleged to be owed a duty of support by the
| ||||||
| 13 | individual's parent or who is or is alleged to be the | ||||||
| 14 | beneficiary of a
support order directed to the parent.
| ||||||
| 15 | "Child-support order" means a support order for a child,
| ||||||
| 16 | including a child who has attained the age of 18.
| ||||||
| 17 | "Duty of support" means an obligation imposed or imposable
| ||||||
| 18 | by law to provide support for a child, spouse, or former
spouse | ||||||
| 19 | including an unsatisfied obligation to provide support.
| ||||||
| 20 | "Home state" means the state in which a child lived with a
| ||||||
| 21 | parent or a person acting as parent for at least 6 consecutive | ||||||
| 22 | months
immediately preceding the time of filing of a petition | ||||||
| 23 | or comparable
pleading for support, and if a child is less than | ||||||
| 24 | 6 months old, the state
in which the child lived from birth | ||||||
| |||||||
| |||||||
| 1 | with any of them. A period of
temporary absence of any of them | ||||||
| 2 | is counted as part of the 6-month or
other period.
| ||||||
| 3 | "Income" includes earnings or other periodic entitlements | ||||||
| 4 | to
money from any source and any other property subject to | ||||||
| 5 | withholding for
support under the law of this State.
| ||||||
| 6 | "Income-withholding order" means an order or other legal
| ||||||
| 7 | process directed to an obligor's employer or other debtor, as
| ||||||
| 8 | defined by the Illinois Marriage and Dissolution of Marriage | ||||||
| 9 | Act, the
Non-Support of Spouse and Children Act, the | ||||||
| 10 | Non-Support Punishment Act,
the Illinois Public Aid Code, and | ||||||
| 11 | the Illinois Parentage Act of 1984, to
withhold support from | ||||||
| 12 | the income of the obligor.
| ||||||
| 13 | "Initiating state" means a state from which a proceeding is
| ||||||
| 14 | forwarded or in which a proceeding is filed for forwarding to a | ||||||
| 15 | responding
state under this Act or a law or procedure | ||||||
| 16 | substantially similar to this Act.
| ||||||
| 17 | "Initiating tribunal" means the authorized tribunal in an
| ||||||
| 18 | initiating state.
| ||||||
| 19 | "Issuing state" means the state in which a tribunal issues | ||||||
| 20 | a
support order or renders a judgment determining parentage.
| ||||||
| 21 | "Issuing tribunal" means the tribunal that issues a support
| ||||||
| 22 | order or renders a judgment determining parentage.
| ||||||
| 23 | "Obligee" means:
| ||||||
| 24 | (A) an individual to whom a duty of support is or is | ||||||
| 25 | alleged to
be owed or in whose favor a support order has | ||||||
| 26 | been issued or a judgment
determining parentage has been | ||||||
| |||||||
| |||||||
| 1 | rendered;
| ||||||
| 2 | (B) a state or political subdivision to which the | ||||||
| 3 | rights under a
duty of support or support order have been | ||||||
| 4 | assigned or which has
independent claims based on financial | ||||||
| 5 | assistance provided to an
individual obligee; or
| ||||||
| 6 | (C) an individual seeking a judgment determining | ||||||
| 7 | parentage of
the individual's child.
| ||||||
| 8 | "Obligor" means an individual, or the estate of a decedent:
| ||||||
| 9 | (i) who owes or is alleged to owe a duty of | ||||||
| 10 | support;
| ||||||
| 11 | (ii) who is alleged but has not been adjudicated to | ||||||
| 12 | be
a parent of a child; or
| ||||||
| 13 | (iii) who is liable under a support order.
| ||||||
| 14 | "Person means an individual, corporation, business trust, | ||||||
| 15 | estate, trust,
partnership, limited liability company, | ||||||
| 16 | association, joint venture, government,
governmental | ||||||
| 17 | subdivision, agency, instrumentality, public corporation, or | ||||||
| 18 | any
other legal or commercial entity.
| ||||||
| 19 | "Record" means information that is inscribed on a tangible | ||||||
| 20 | medium or that
is stored in an electronic or other medium and | ||||||
| 21 | is retrievable in perceivable
form.
| ||||||
| 22 | "Register" means to record a support order or judgment | ||||||
| 23 | determining parentage
in the appropriate Registry of Foreign | ||||||
| 24 | Support Orders.
| ||||||
| 25 | "Registering tribunal" means a tribunal in which a support
| ||||||
| 26 | order is registered.
| ||||||
| |||||||
| |||||||
| 1 | "Responding state" means a state in which a proceeding is | ||||||
| 2 | filed or to
which a proceeding is forwarded for filing from an | ||||||
| 3 | initiating state under
this Act or a law or procedure | ||||||
| 4 | substantially similar to this Act.
| ||||||
| 5 | "Responding tribunal" means the authorized tribunal in a | ||||||
| 6 | responding state.
| ||||||
| 7 | "Spousal-support order" means a support order for a spouse
| ||||||
| 8 | or former spouse of the obligor.
| ||||||
| 9 | "State" means a state of the United States, the District of | ||||||
| 10 | Columbia, Puerto
Rico, the United States Virgin Islands, or any | ||||||
| 11 | territory or insular possession
subject to the jurisdiction of | ||||||
| 12 | the United States. The term includes:
| ||||||
| 13 | (A) an Indian tribe; and
| ||||||
| 14 | (B) a foreign country or political subdivision that:
| ||||||
| 15 | (i) has been declared to be a foreign reciprocating | ||||||
| 16 | country or
political subdivision under federal law;
| ||||||
| 17 | (ii) has established a reciprocal arrangement for | ||||||
| 18 | child support with
this State as provided in Section | ||||||
| 19 | 308; or
| ||||||
| 20 | (iii) has enacted a law or established procedures | ||||||
| 21 | for issuance
and enforcement of support orders which | ||||||
| 22 | are substantially similar to the
procedures under this | ||||||
| 23 | Act.
| ||||||
| 24 | "Support enforcement agency" means a public official or
| ||||||
| 25 | agency authorized to seek:
| ||||||
| 26 | (A) enforcement of support orders or laws relating to | ||||||
| |||||||
| |||||||
| 1 | the duty
of support;
| ||||||
| 2 | (B) establishment or modification of child support;
| ||||||
| 3 | (C) determination of parentage;
| ||||||
| 4 | (D) to locate obligors or their assets; or
| ||||||
| 5 | (E) determination of the controlling child support | ||||||
| 6 | order.
| ||||||
| 7 | "Support order" means a judgment, decree, order, or | ||||||
| 8 | directive, whether
temporary, final, or subject to | ||||||
| 9 | modification, issued by a tribunal for the
benefit of a child, | ||||||
| 10 | a spouse, or a former spouse, which provides for monetary
| ||||||
| 11 | support, health care, arrearages, or reimbursement, and may | ||||||
| 12 | include related
costs and fees, interest, income withholding, | ||||||
| 13 | attorney's fees, and other
relief.
| ||||||
| 14 | "Tribunal" means a court, administrative agency, or
| ||||||
| 15 | quasi-judicial entity authorized to establish, enforce, or
| ||||||
| 16 | modify support orders or to determine parentage.
| ||||||
| 17 | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised | ||||||
| 18 | 11-26-14.)
| ||||||
| 19 | Section 565. The Adoption Act is amended by changing | ||||||
| 20 | Section 18.2 as follows:
| ||||||
| 21 | (750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)
| ||||||
| 22 | Sec. 18.2. Forms.
| ||||||
| 23 | (a) The Department shall develop the Illinois Adoption | ||||||
| 24 | Registry forms as provided in this Section. The General | ||||||
| |||||||
| |||||||
| 1 | Assembly shall reexamine the content of the form as requested | ||||||
| 2 | by the Department, in consultation with the Registry Advisory | ||||||
| 3 | Council. The form of the Birth Parent Registration
| ||||||
| 4 | Identification Form shall be substantially as follows:
| ||||||
| 5 | BIRTH PARENT REGISTRATION IDENTIFICATION
| ||||||
| 6 | (Insert all known information)
| ||||||
| 7 | I, ....., state that I am the ...... (mother or father) of the
| ||||||
| 8 | following child:
| ||||||
| 9 | Child's original name: ..... (first) ..... (middle) ..... | ||||||
| 10 | (last),
..... (hour of birth), ..... (date of birth), | ||||||
| 11 | ..... (city and state of
birth), ..... (name of | ||||||
| 12 | hospital).
| ||||||
| 13 | Father's full name: ...... (first) ...... (middle) ..... | ||||||
| 14 | (last),
..... (date of birth), ..... (city and state of | ||||||
| 15 | birth).
| ||||||
| 16 | Name of mother inserted on birth certificate: ..... (first) | ||||||
| 17 | .....
(middle) ..... (last), ..... (race), ..... (date | ||||||
| 18 | of birth), ......
(city and state of birth).
| ||||||
| 19 | That I surrendered my child to: ............. (name of agency), | ||||||
| 20 | .....
(city and state of agency), ..... (approximate date | ||||||
| 21 | child surrendered).
| ||||||
| 22 | That I placed my child by private adoption: ..... (date),
| ||||||
| 23 | ...... (city
and state).
| ||||||
| 24 | Name of adoptive parents, if known: ......
| ||||||
| 25 | Other identifying information: .....
| ||||||
| 26 | ........................
| ||||||
| |||||||
| |||||||
| 1 | (Signature of parent)
| ||||||
| 2 | ............ ........................
| ||||||
| 3 | (date) (printed name of parent)
| ||||||
| 4 | (b) The form of the Adopted Person
Registration | ||||||
| 5 | Identification shall be substantially
as follows:
| ||||||
| 6 | ADOPTED PERSON
| ||||||
| 7 | REGISTRATION IDENTIFICATION
| ||||||
| 8 | (Insert all known information)
| ||||||
| 9 | I, ....., state the following:
| ||||||
| 10 | Adopted Person's present name: ..... (first) ..... | ||||||
| 11 | (middle)
..... (last).
| ||||||
| 12 | Adopted Person's name at birth (if known): ..... (first)
| ||||||
| 13 | ..... (middle) .....
(last), ..... (birth date), ..... | ||||||
| 14 | (city and state of birth), ......
(sex), ..... (race).
| ||||||
| 15 | Name of adoptive father: ..... (first) ..... (middle) ..... | ||||||
| 16 | (last), .....
(race).
| ||||||
| 17 | Maiden name of adoptive mother: ..... (first) ..... | ||||||
| 18 | (middle) .....
(last), ..... (race).
| ||||||
| 19 | Name of birth mother (if known): ..... (first) .....
| ||||||
| 20 | (middle)
..... (last), ..... (race).
| ||||||
| 21 | Name of birth father (if known): ..... (first) .....
| ||||||
| 22 | (middle)
..... (last), ..... (race).
| ||||||
| 23 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
| 24 | with adoptee
(if known): ..... (first) ..... (middle) | ||||||
| 25 | ..... (last), ..... (race), and name
of common birth | ||||||
| |||||||
| |||||||
| 1 | parent: ..... (first) ..... (middle) .....
(last),
| ||||||
| 2 | ..... (race).
| ||||||
| 3 | I was adopted through: ..... (name of agency).
| ||||||
| 4 | I was adopted privately: ..... (state "yes" if known).
| ||||||
| 5 | I was adopted in ..... (city and state), ..... (approximate | ||||||
| 6 | date).
| ||||||
| 7 | Other identifying information: .............
| ||||||
| 8 | ......................
| ||||||
| 9 | (signature of adoptee)
| ||||||
| 10 | ........... .........................
| ||||||
| 11 | (date) (printed name of adoptee)
| ||||||
| 12 | (c) The form of the Surrendered Person Registration | ||||||
| 13 | Identification shall be
substantially as follows:
| ||||||
| 14 | SURRENDERED PERSON REGISTRATION
| ||||||
| 15 | IDENTIFICATION
| ||||||
| 16 | (Insert all known information)
| ||||||
| 17 | I, ....., state the following:
| ||||||
| 18 | Surrendered Person's present name: ..... (first) .....
| ||||||
| 19 | (middle) ..... (last).
| ||||||
| 20 | Surrendered Person's name at birth (if known): ..... | ||||||
| 21 | (first)
.....
(middle) ..... (last), .....(birth | ||||||
| 22 | date), ..... (city and state of
birth), ...... (sex), | ||||||
| 23 | ..... (race).
| ||||||
| 24 | Name of guardian father: ..... (first) ..... (middle) ..... | ||||||
| 25 | (last), .....
(race).
| ||||||
| |||||||
| |||||||
| 1 | Maiden name of guardian mother: ..... (first) ..... | ||||||
| 2 | (middle) .....
(last), ..... (race).
| ||||||
| 3 | Name of birth mother (if known): ..... (first) .....
| ||||||
| 4 | (middle) .....
(last) ..... (race).
| ||||||
| 5 | Name of birth father (if known): ..... (first) .....
| ||||||
| 6 | (middle) .....
(last), .....(race).
| ||||||
| 7 | Name(s) at birth of sibling(s) having a common birth
parent | ||||||
| 8 | with surrendered person
(if known): ..... (first) | ||||||
| 9 | ..... (middle) ..... (last), ..... (race), and name
of | ||||||
| 10 | common birth parent: ..... (first) ..... (middle) | ||||||
| 11 | .....
(last),
..... (race).
| ||||||
| 12 | I was surrendered for adoption to: ..... (name of agency).
| ||||||
| 13 | I was surrendered for adoption in ..... (city and state), ..... | ||||||
| 14 | (approximate
date).
| ||||||
| 15 | Other identifying information: ............
| ||||||
| 16 | ................................
| ||||||
| 17 | (signature of surrendered person)
| ||||||
| 18 | ............ ......................
| ||||||
| 19 | (date) (printed name of person
| ||||||
| 20 | surrendered for adoption)
| ||||||
| 21 | (c-3) The form of the Registration Identification Form for | ||||||
| 22 | Surviving Relatives of Deceased Birth Parents shall be | ||||||
| 23 | substantially as follows:
| ||||||
| 24 | REGISTRATION IDENTIFICATION FORM
| ||||||
| 25 | FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS
| ||||||
| |||||||
| |||||||
| 1 | (Insert all known information)
| ||||||
| 2 | I, ....., state the following:
| ||||||
| 3 | Name of deceased birth parent at time of surrender:
| ||||||
| 4 | Deceased birth parent's date of birth:
| ||||||
| 5 | Deceased birth parent's date of death:
| ||||||
| 6 | Adopted or surrendered person's name at birth (if known): | ||||||
| 7 | .....(first) ..... (middle) ..... (last), .....(birth | ||||||
| 8 | date), ..... (city and state of birth), ...... (sex), | ||||||
| 9 | ..... (race).
| ||||||
| 10 | My relationship to the adopted or surrendered person (check | ||||||
| 11 | one): (birth parent's non-surrendered child) (birth parent's | ||||||
| 12 | sister) (birth parent's brother).
| ||||||
| 13 | If you are a non-surrendered child of the birth parent, provide | ||||||
| 14 | name(s) at birth and age(s) of non-surrendered siblings having | ||||||
| 15 | a common parent with the birth parent. If more than one | ||||||
| 16 | sibling, please give information requested below on reverse | ||||||
| 17 | side of this form. If you are a sibling or parent of the birth | ||||||
| 18 | parent, provide name(s) at birth and age(s) of the sibling(s) | ||||||
| 19 | of the birth parent. If more than one sibling, please give | ||||||
| 20 | information requested below on reverse side of this form.
| ||||||
| 21 | Name (First) ..... (middle) ..... (last), .....(birth | ||||||
| 22 | date), ..... (city and state of birth), ...... (sex), | ||||||
| 23 | ..... (race).
| ||||||
| 24 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
| 25 | (last), .....(race), (first) ..... (middle) ..... | ||||||
| |||||||
| |||||||
| 1 | (last), .....(race).
| ||||||
| 2 | My birth sibling/child of my brother/child of my sister/ was | ||||||
| 3 | surrendered for adoption to ..... (name of agency) City and | ||||||
| 4 | state of agency ..... Date .....(approximate) Other | ||||||
| 5 | identifying information ..... (Please note that you must: (i) | ||||||
| 6 | be at least 21 years of age to register; (ii) submit with your | ||||||
| 7 | registration a certified copy of the birth parent's birth | ||||||
| 8 | certificate; (iii) submit a certified copy of the birth | ||||||
| 9 | parent's death certificate; and (iv) if you are a | ||||||
| 10 | non-surrendered birth sibling or a sibling of the deceased | ||||||
| 11 | birth parent, also submit a certified copy of your birth | ||||||
| 12 | certificate with this registration. No application from a | ||||||
| 13 | surviving relative of a deceased birth parent can be accepted | ||||||
| 14 | if the birth parent filed a Denial of Information Exchange | ||||||
| 15 | prior to his or her death.)
| ||||||
| 16 | ................................
| ||||||
| 17 | (signature of birth parent's surviving relative)
| ||||||
| 18 | ............ ............ | ||||||
| 19 | (date) (printed name of birth | ||||||
| 20 | parent's surviving relative)
| ||||||
| 21 | (c-5) The form of the Registration Identification Form for | ||||||
| 22 | Surviving Relatives of Deceased Adopted or Surrendered Persons | ||||||
| 23 | shall be substantially as follows:
| ||||||
| 24 | REGISTRATION IDENTIFICATION FORM FOR
| ||||||
| |||||||
| |||||||
| 1 | SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS
| ||||||
| 2 | (Insert all known information)
| ||||||
| 3 | I, ....., state the following:
| ||||||
| 4 | Adopted or surrendered person's name at birth (if known): | ||||||
| 5 | (first) ..... (middle) ..... (last), .....(birth | ||||||
| 6 | date), ..... (city and state of birth), ...... (sex), | ||||||
| 7 | ..... (race). | ||||||
| 8 | Adopted or surrendered person's date of death:
| ||||||
| 9 | My relationship to the deceased adopted or surrendered | ||||||
| 10 | person(check one): (adoptive mother) (adoptive father) (adult | ||||||
| 11 | child) (surviving spouse).
| ||||||
| 12 | If you are an adult child or surviving spouse of the adopted or | ||||||
| 13 | surrendered person, provide name(s) at birth and age(s) of the | ||||||
| 14 | children of the adopted or surrendered person. If the adopted | ||||||
| 15 | or surrendered person had more than one child, please give | ||||||
| 16 | information requested below on reverse side of this form. | ||||||
| 17 | Name (first) ..... (middle) ..... (last), .....(birth | ||||||
| 18 | date), ..... (city and state of birth), ...... (sex), | ||||||
| 19 | ..... (race). | ||||||
| 20 | Name(s) of common parent(s) (first) ..... (middle) ..... | ||||||
| 21 | (last), .....(race), (first) ..... (middle) ..... | ||||||
| 22 | (last), .....(race).
| ||||||
| 23 | My child/parent/deceased spouse was surrendered for | ||||||
| 24 | adoption to .....(name of agency) City and state of agency | ||||||
| 25 | ..... Date ..... (approximate) Other identifying | ||||||
| 26 | information ..... (Please note that you must: (i) be at | ||||||
| |||||||
| |||||||
| 1 | least 21 years of age to register; (ii) submit with your | ||||||
| 2 | registration a certified copy of the adopted or surrendered | ||||||
| 3 | person's death certificate; (iii) if you are the child of a | ||||||
| 4 | deceased adopted or surrendered person, also submit a | ||||||
| 5 | certified copy of your birth certificate with this | ||||||
| 6 | registration; and (iv) if you are the surviving wife or | ||||||
| 7 | husband of a deceased adopted or surrendered person, also | ||||||
| 8 | submit a copy of your marriage certificate with this | ||||||
| 9 | registration. No application from a surviving relative of a | ||||||
| 10 | deceased adopted or surrendered person can be accepted if | ||||||
| 11 | the adopted or surrendered person filed a Denial of | ||||||
| 12 | Information Exchange prior to his or her death.)
| ||||||
| 13 | ................................
| ||||||
| 14 | (signature of adopted or surrendered person's surviving
| ||||||
| 15 | relative)
| ||||||
| 16 | ............ ............ | ||||||
| 17 | (date) (printed name of adopted
| ||||||
| 18 | person's surviving relative)
| ||||||
| 19 | (d) The form of the Information Exchange Authorization | ||||||
| 20 | shall be
substantially
as follows:
| ||||||
| 21 | INFORMATION EXCHANGE AUTHORIZATION
| ||||||
| 22 | I, ....., state that I am the person who completed the | ||||||
| 23 | Registration
Identification; that I am of the age of ..... | ||||||
| |||||||
| |||||||
| 1 | years; that I hereby
authorize the Department of Public Health | ||||||
| 2 | to give to the following person(s)
(birth mother
)
(birth | ||||||
| 3 | father) (birth sibling) (adopted or surrendered person
) | ||||||
| 4 | (adoptive mother) (adoptive father) (legal guardian of an | ||||||
| 5 | adopted or surrendered person) (birth aunt) (birth uncle) | ||||||
| 6 | (adult child of a deceased adopted or surrendered person) | ||||||
| 7 | (surviving spouse of a deceased adopted or surrendered person) | ||||||
| 8 | (all eligible relatives) the following
(please check the
| ||||||
| 9 | information
authorized for exchange):
| ||||||
| 10 | [ ] 1. Only my name and last known address.
| ||||||
| 11 | [ ] 2. A copy of my Illinois Adoption Registry | ||||||
| 12 | Application.
| ||||||
| 13 | [ ] 3. A non-certified copy of the adopted or | ||||||
| 14 | surrendered person's original certificate of live birth | ||||||
| 15 | (check only if you are an adopted or surrendered person or | ||||||
| 16 | the surviving adult child or surviving spouse of a deceased | ||||||
| 17 | adopted or surrendered person).
| ||||||
| 18 | [ ] 4. A copy of my completed medical questionnaire.
| ||||||
| 19 | I am fully aware that I can only be supplied with
| ||||||
| 20 | information about an individual or individuals who have
duly
| ||||||
| 21 | executed an Information Exchange Authorization that
has
not | ||||||
| 22 | been revoked or, if I am an adopted or surrendered person, from | ||||||
| 23 | a birth parent who completed a Birth Parent Preference Form and | ||||||
| 24 | did not prohibit the release of his or her identity to me; that | ||||||
| 25 | I can be contacted by writing to: ..... (own name or
name of | ||||||
| 26 | person to contact) (address) (phone number).
| ||||||
| |||||||
| |||||||
| 1 | NOTE: New IARMIE registrants who do not complete a Medical | ||||||
| 2 | Information Exchange Questionnaire and release a copy of their | ||||||
| 3 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
| 4 | registration fee. | ||||||
| 5 | Dated (insert date).
| ||||||
| 6 | .............. | ||||||
| 7 | (signature)
| ||||||
| 8 | (e) The form of the Denial of Information Exchange shall be
| ||||||
| 9 | substantially as follows:
| ||||||
| 10 | DENIAL OF INFORMATION EXCHANGE
| ||||||
| 11 | I, ....., state that I am the person who completed the | ||||||
| 12 | Registration
Identification; that I am of the age of ..... | ||||||
| 13 | years; that I hereby
instruct the Department of Public Health | ||||||
| 14 | not to give any identifying
information about me to the | ||||||
| 15 | following person(s)
(birth mother) (birth father) (birth | ||||||
| 16 | sibling)(adopted or surrendered person)(adoptive mother) | ||||||
| 17 | (adoptive father)(legal guardian of an adopted or surrendered | ||||||
| 18 | person)(birth aunt)(birth uncle)(adult child of a deceased | ||||||
| 19 | adopted or surrendered person) (surviving spouse of a deceased | ||||||
| 20 | adopted or surrendered person) (all eligible relatives).
| ||||||
| 21 | I do/do not (circle appropriate response) authorize the | ||||||
| 22 | Registry to release a copy of my completed Medical Information | ||||||
| 23 | Exchange Questionnaire to qualified Registry applicants.
NOTE: | ||||||
| 24 | New IARMIE registrants who do not complete a Medical | ||||||
| 25 | Information Exchange Questionnaire and release a copy of their | ||||||
| |||||||
| |||||||
| 1 | questionnaire to at least one Registry applicant must pay a $15 | ||||||
| 2 | registration fee.
Birth parents filing a Denial of Information | ||||||
| 3 | Exchange are advised that, under Illinois law, an adult adopted | ||||||
| 4 | person may initiate a search for a birth parent who has filed a | ||||||
| 5 | Denial of Information Exchange or Birth Parent Preference Form | ||||||
| 6 | on which Option E was selected through the State confidential | ||||||
| 7 | intermediary program once 5 years have elapsed since the filing | ||||||
| 8 | of the Denial of Information Exchange or Birth Parent | ||||||
| 9 | Preference Form.
| ||||||
| 10 | Dated (insert date).
| ||||||
| 11 | ............... | ||||||
| 12 | (signature)
| ||||||
| 13 | (f) The form of the Birth Parent Preference Form shall be | ||||||
| 14 | substantially as follows: | ||||||
| 15 | In recognition of the basic right of all persons to access | ||||||
| 16 | their birth records, Illinois law now provides for the release | ||||||
| 17 | of original birth certificates to adopted and surrendered | ||||||
| 18 | persons 21 years of age or older upon request. While many birth | ||||||
| 19 | parents are comfortable sharing their identities or initiating | ||||||
| 20 | contact with their birth sons and daughters once they have | ||||||
| 21 | reached adulthood, Illinois law also recognizes that there may | ||||||
| 22 | be unique situations where a birth parent might have a | ||||||
| 23 | compelling reason for not wishing to establish contact with a | ||||||
| 24 | birth son or birth daughter or for not wishing to release | ||||||
| 25 | identifying information that appears on the original birth | ||||||
| |||||||
| |||||||
| 1 | certificate of a birth son or birth daughter who has reached | ||||||
| 2 | adulthood. The Illinois Adoption Registry and Medical | ||||||
| 3 | Information Exchange (IARMIE) has therefore established the | ||||||
| 4 | attached form to allow birth parents to express their | ||||||
| 5 | preferences regarding contact; and, if their birth child was | ||||||
| 6 | born on or after January 1, 1946, to express their wishes | ||||||
| 7 | regarding the sharing of identifying information listed on the | ||||||
| 8 | original birth certificate with an adult adopted or surrendered | ||||||
| 9 | person who has reached the age of 21 or his or her surviving | ||||||
| 10 | relatives. | ||||||
| 11 | In selecting one of the 5 options below, birth parents | ||||||
| 12 | should keep in mind that the decision to deny an adult adopted | ||||||
| 13 | or surrendered person access to identifying information on his | ||||||
| 14 | or her original birth record and/or information about | ||||||
| 15 | genetically-transmitted diseases is an important decision that | ||||||
| 16 | may impact the adopted or surrendered person's life in many | ||||||
| 17 | ways. A request for anonymity on this form only pertains to | ||||||
| 18 | information that is provided to an adult adopted or surrendered | ||||||
| 19 | person or his or her surviving relatives through the Registry. | ||||||
| 20 | This will not prevent the disclosure of identifying information | ||||||
| 21 | that may be available to the adoptee through his or her | ||||||
| 22 | adoptive parents and/or other means available to him or her. | ||||||
| 23 | Birth parents who would prefer not to be contacted by their | ||||||
| 24 | surrendered son or daughter are strongly urged to complete both | ||||||
| 25 | the Non-Identifying Information Section included on the final | ||||||
| 26 | page of the attached form and the Medical Questionnaire in | ||||||
| |||||||
| |||||||
| 1 | order to provide their surrendered son or daughter with the | ||||||
| 2 | background information he or she may need to better understand | ||||||
| 3 | his or her origins. Birth parents whose birth son or birth | ||||||
| 4 | daughter is under 21 years of age at the time of the completion | ||||||
| 5 | of this form are reminded that no original birth certificate | ||||||
| 6 | will be released by the IARMIE before an adoptee has reached | ||||||
| 7 | the age of 21. Should you need additional assistance in | ||||||
| 8 | completing this form, please contact the agency that handled | ||||||
| 9 | the adoption, if applicable, or the Illinois Adoption Registry | ||||||
| 10 | and Medical Information Exchange at 877-323-5299. | ||||||
| 11 | After careful consideration, I have made the following | ||||||
| 12 | decision regarding contact with my birth son/birth daughter, | ||||||
| 13 | (insert birth son's/birth daughter's name at birth, if | ||||||
| 14 | applicable) ......, who was born in (insert city/town of birth) | ||||||
| 15 | ...... on (insert date of birth)...... and the release of my | ||||||
| 16 | identifying information as it appears on his/her original birth | ||||||
| 17 | certificate when he/she reaches the age of 21, and I have | ||||||
| 18 | chosen Option ...... (insert A, B, C, D, or E, as applicable). | ||||||
| 19 | I realize that this form must be accompanied by a completed | ||||||
| 20 | IARMIE application form as well as a Medical Information | ||||||
| 21 | Exchange Questionnaire or the $15 registration fee. I am also | ||||||
| 22 | aware that I may revoke this decision at any time by completing | ||||||
| 23 | a new Birth Parent Preference Form and filing it with the | ||||||
| 24 | IARMIE. I understand that it is my responsibility to update the | ||||||
| 25 | IARMIE with any changes to contact information provided below. | ||||||
| 26 | I also understand that, while preferences regarding the release | ||||||
| |||||||
| |||||||
| 1 | of identifying information through the Registry are binding | ||||||
| 2 | unless the law should change in the future, any selection I | ||||||
| 3 | have made regarding my preferred method of contact is not. | ||||||
| 4 | ... | ||||||
| 5 | (Signature/Date)
| ||||||
| 6 | (Please insert your signature and today's date above, as well | ||||||
| 7 | as under your chosen option, A, B, C, D, or E below.)
| ||||||
| 8 | Option A. My birth son or birth daughter was born on or after | ||||||
| 9 | January 1, 1946, and I agree to the release of my identifying | ||||||
| 10 | information as it appears on my birth son's/birth daughter's | ||||||
| 11 | original birth certificate, OR my birth son or birth daughter | ||||||
| 12 | was born prior to January 1, 1946. I would welcome direct | ||||||
| 13 | contact with my birth son/birth daughter when he or she has | ||||||
| 14 | reached the age of 21. In addition, before my birth son or | ||||||
| 15 | birth daughter has reached the age of 21 or in the event of his | ||||||
| 16 | or her death, I would welcome contact with the following | ||||||
| 17 | relatives of my birth child (circle all that apply): adoptive | ||||||
| 18 | mother, adoptive father, surviving spouse, surviving adult | ||||||
| 19 | child. I wish to be contacted at the following mailing address, | ||||||
| 20 | email address or phone number: | ||||||
| 21 | .............................. | ||||||
| 22 | ............................................................. | ||||||
| 23 | ............................................................. | ||||||
| 24 | ............................................................. | ||||||
| |||||||
| |||||||
| 1 | (Signature/Date)
| ||||||
| 2 | Option B. My birth son or birth daughter was born on or after | ||||||
| 3 | January 1, 1946, and I agree to the release of my identifying | ||||||
| 4 | information as it appears on my birth son's/birth daughter's | ||||||
| 5 | original birth certificate, OR my birth son or birth daughter | ||||||
| 6 | was born prior to January 1, 1946. I would welcome contact with | ||||||
| 7 | my birth son/birth daughter when he or she has reached the age | ||||||
| 8 | of 21. In addition, before my birth son or birth daughter has | ||||||
| 9 | reached the age of 21 or in the event of his or her death, I | ||||||
| 10 | would welcome contact with the following relatives of my birth | ||||||
| 11 | child (circle all that apply): adoptive mother, adoptive | ||||||
| 12 | father, surviving spouse, surviving adult child. I would prefer | ||||||
| 13 | to be contacted through the following person. (Insert name and | ||||||
| 14 | mailing address, email address or phone number of chosen | ||||||
| 15 | contact person.) | ||||||
| 16 | ............................................ | ||||||
| 17 | ............................................................. | ||||||
| 18 | (Signature/Date)
| ||||||
| 19 | Option C. My birth son or birth daughter was born on or after | ||||||
| 20 | January 1, 1946, and I agree to the release of my identifying | ||||||
| 21 | information as it appears on my birth son's/birth daughter's | ||||||
| 22 | original birth certificate, OR my birth son or birth daughter | ||||||
| 23 | was born prior to January 1, 1946. I would welcome contact with | ||||||
| 24 | my birth son/birth daughter when he or she has reached the age | ||||||
| |||||||
| |||||||
| 1 | of 21. In addition, before my birth son or birth daughter has | ||||||
| 2 | reached the age of 21 or in the event of his or her death, I | ||||||
| 3 | would welcome contact with the following relatives of my birth | ||||||
| 4 | child (circle all that apply): adoptive mother, adoptive | ||||||
| 5 | father, surviving spouse, surviving adult child. I would prefer | ||||||
| 6 | to be contacted through the Illinois Confidential Intermediary | ||||||
| 7 | Program (please call 800-526-9022 for additional information) | ||||||
| 8 | or through the agency that handled the adoption. (Insert agency | ||||||
| 9 | name, address and phone number, if applicable.) | ||||||
| 10 | ............. | ||||||
| 11 | ............................................................. | ||||||
| 12 | (Signature/Date)
| ||||||
| 13 | Option D. My birth son or birth daughter was born on or after | ||||||
| 14 | January 1, 1946, and I agree to the release of my identifying | ||||||
| 15 | information as it appears on my birth son's/birth daughter's | ||||||
| 16 | original birth certificate when he or she has reached the age | ||||||
| 17 | of 21, OR my birth son or birth daughter was born prior to | ||||||
| 18 | January 1, 1946. I would prefer not to be contacted by my birth | ||||||
| 19 | son/birth daughter or his or her adoptive parents or surviving | ||||||
| 20 | relatives. | ||||||
| 21 | ................................................... | ||||||
| 22 | (Signature/Date)
| ||||||
| 23 | Option E. My birth son or birth daughter was born on or after | ||||||
| 24 | January 1, 1946, and I wish to prohibit the release of my | ||||||
| |||||||
| |||||||
| 1 | (circle ALL applicable options) first name, last name, last | ||||||
| 2 | known address, birth son/birth daughter's last name (if last | ||||||
| 3 | name listed is same as mine), as they appear on my birth | ||||||
| 4 | son's/birth daughter's original birth certificate and do not | ||||||
| 5 | wish to be contacted by my birth son/birth daughter when he or | ||||||
| 6 | she has reached the age of 21. If there were any special | ||||||
| 7 | circumstances that played a role in your decision to remain | ||||||
| 8 | anonymous which you would like to share with your birth | ||||||
| 9 | son/birth daughter, please list them in the space provided | ||||||
| 10 | below (optional). | ||||||
| 11 | ........................................... | ||||||
| 12 | ............................................................. | ||||||
| 13 | I understand that, although I have chosen to prohibit the | ||||||
| 14 | release of my identity on the non-certified copy of the | ||||||
| 15 | original birth certificate released to my birth son/birth | ||||||
| 16 | daughter, he or she may request that a court-appointed | ||||||
| 17 | confidential intermediary contact me to request updated | ||||||
| 18 | medical information and/or confirm my desire to remain | ||||||
| 19 | anonymous once 5 years have elapsed since the signing of this | ||||||
| 20 | form; at the time of this subsequent search, I wish to be | ||||||
| 21 | contacted through the person named below. (Insert in blank area | ||||||
| 22 | below the name and phone number of the contact person, or leave | ||||||
| 23 | it blank if you wish to be contacted directly.) I also | ||||||
| 24 | understand that this request for anonymity shall expire upon my | ||||||
| 25 | death. | ||||||
| 26 | ...................................................... | ||||||
| |||||||
| |||||||
| 1 | ............................................................. | ||||||
| 2 | (Signature/Date)
| ||||||
| 3 | NOTE: A copy of this form will be forwarded to your birth son | ||||||
| 4 | or birth daughter should he or she file a request for his or | ||||||
| 5 | her original birth certificate with the IARMIE. However, if you | ||||||
| 6 | have selected Option E, identifying information, per your | ||||||
| 7 | specifications above, will be deleted from the copy of this | ||||||
| 8 | form forwarded to your birth son or daughter during your | ||||||
| 9 | lifetime. In the event that an adopted or surrendered person is | ||||||
| 10 | deceased, his or her surviving adult children may request a | ||||||
| 11 | copy of the adopted or surrendered person's original birth | ||||||
| 12 | certificate providing they have registered with the IARMIE; the | ||||||
| 13 | copy of this form and the non-certified copy of the original | ||||||
| 14 | birth certificate forwarded to the surviving child of the | ||||||
| 15 | adopted or surrendered person shall be redacted per your | ||||||
| 16 | specifications on this form during your lifetime. | ||||||
| 17 | Non-Identifying Information Section
| ||||||
| 18 | I wish to voluntarily provide the following non-identifying | ||||||
| 19 | information to my birth son or birth daughter:
| ||||||
| 20 | My age at the time of my child's birth was .........
| ||||||
| 21 | My race is best described as: .......................... | ||||||
| 22 | My height is: ......... | ||||||
| 23 | My body type is best described as (circle one): slim, average, | ||||||
| 24 | muscular, a few extra pounds, or more than a few extra pounds.
| ||||||
| 25 | My natural hair color is/was: .................. | ||||||
| |||||||
| |||||||
| 1 | My eye color is: .................. | ||||||
| 2 | My religion is best described as: ..................
| ||||||
| 3 | My ethnic background is best described as: ..................
| ||||||
| 4 | My educational level is closest to (circle applicable | ||||||
| 5 | response): completed elementary school, graduated from | ||||||
| 6 | high school, attended college, earned bachelor's degree, | ||||||
| 7 | earned master's degree, earned doctoral degree.
| ||||||
| 8 | My occupation is best described as .................. | ||||||
| 9 | My hobbies include .................. | ||||||
| 10 | My interests include .................. | ||||||
| 11 | My talents include .................. | ||||||
| 12 | In addition to my surrendered son or daughter, I also | ||||||
| 13 | am the biological parent of (insert number) ....... boys and | ||||||
| 14 | (insert number) ....... girls, of whom (insert number) ....... | ||||||
| 15 | are still living.
| ||||||
| 16 | The relationship between me and my child's birth mother/birth | ||||||
| 17 | father would best be described as (circle appropriate | ||||||
| 18 | response): husband and wife, ex-spouses, boyfriend and | ||||||
| 19 | girlfriend, casual acquaintances, other (please specify) | ||||||
| 20 | .............. | ||||||
| 21 | (g) The form of the Request for a Non-Certified Copy of an | ||||||
| 22 | Original Birth Certificate shall be substantially as follows: | ||||||
| 23 | REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH | ||||||
| 24 | CERTIFICATE | ||||||
| 25 | I, (requesting party's full name) ....., hereby request a | ||||||
| 26 | non-certified copy of (check appropriate option) ..... my | ||||||
| |||||||
| |||||||
| 1 | original birth certificate ..... the original birth | ||||||
| 2 | certificate of my deceased adopted or surrendered parent ..... | ||||||
| 3 | the original birth certificate of my deceased adopted or | ||||||
| 4 | surrendered spouse (insert deceased parent's/deceased spouse's | ||||||
| 5 | name at adoption) ...... I/my deceased parent/my deceased | ||||||
| 6 | spouse was born in (insert city and county of adopted or | ||||||
| 7 | surrendered person's birth) ..... on ..... (insert adopted or | ||||||
| 8 | surrendered person's date of birth). In the event that one or | ||||||
| 9 | both of my/my deceased parent's/my deceased spouse's birth | ||||||
| 10 | parents has requested that their identity not be released to | ||||||
| 11 | me/to my deceased parent/to my deceased spouse, I wish to | ||||||
| 12 | (check appropriate option) ..... a. receive a non-certified | ||||||
| 13 | copy of the original birth certificate from which identifying | ||||||
| 14 | information pertaining to the birth parent who requested | ||||||
| 15 | anonymity has been deleted; or ..... b. I do not wish to | ||||||
| 16 | receive received an altered copy of the original birth | ||||||
| 17 | certificate. | ||||||
| 18 | Dated (insert date). | ||||||
| 19 | ................... | ||||||
| 20 | (signature)
| ||||||
| 21 | (h) Any Information Exchange Authorization, Denial of | ||||||
| 22 | Information
Exchange, or Birth Parent Preference Form filed | ||||||
| 23 | with the Registry, or Request for a Non-Certified Copy of an | ||||||
| 24 | Original Birth Certificate filed with the Registry by a | ||||||
| 25 | surviving adult child or surviving spouse of a deceased adopted | ||||||
| |||||||
| |||||||
| 1 | or surrendered person, shall be acknowledged by the person who | ||||||
| 2 | filed it before a notary
public, in form
substantially as | ||||||
| 3 | follows:
| ||||||
| 4 | State of ..............
| ||||||
| 5 | County of .............
| ||||||
| 6 | I, a Notary Public, in and for the said County, in the | ||||||
| 7 | State aforesaid,
do hereby certify that ............... | ||||||
| 8 | personally known to me to be the
same person whose name is | ||||||
| 9 | subscribed to the foregoing certificate of
acknowledgement, | ||||||
| 10 | appeared before me in person and acknowledged that (he or
she) | ||||||
| 11 | signed such certificate as (his or her) free and voluntary act | ||||||
| 12 | and
that the statements in such certificate are true.
| ||||||
| 13 | Given under my hand and notarial seal on (insert date).
| ||||||
| 14 | .........................
| ||||||
| 15 | (signature)
| ||||||
| 16 | (i) When the execution of an Information Exchange
| ||||||
| 17 | Authorization, Denial of Information Exchange, or Birth Parent | ||||||
| 18 | Preference Form or Request for a Non-Certified Copy of an | ||||||
| 19 | Original Birth Certificate completed by a surviving adult child | ||||||
| 20 | or surviving spouse of a deceased adopted or surrendered person | ||||||
| 21 | is acknowledged before a
representative of an agency, such | ||||||
| 22 | representative shall have his signature
on said Certificate | ||||||
| 23 | acknowledged before a notary public, in form substantially
as | ||||||
| 24 | follows:
| ||||||
| 25 | State of..........
| ||||||
| |||||||
| |||||||
| 1 | County of.........
| ||||||
| 2 | I, a Notary Public, in and for the said County, in the | ||||||
| 3 | State aforesaid,
do hereby certify that ..... personally known | ||||||
| 4 | to me to be the same person
whose name is subscribed to the | ||||||
| 5 | foregoing certificate of acknowledgement,
appeared before me | ||||||
| 6 | in person and acknowledged that (he or she) signed such
| ||||||
| 7 | certificate as (his or her) free and voluntary act and that the | ||||||
| 8 | statements
in such certificate are true.
| ||||||
| 9 | Given under my hand and notarial seal on (insert date).
| ||||||
| 10 | .......................
| ||||||
| 11 | (signature)
| ||||||
| 12 | (j) When an Illinois Adoption Registry Application,
| ||||||
| 13 | Information
Exchange Authorization, Denial of
Information | ||||||
| 14 | Exchange, Birth Parent Preference Form, or Request for a | ||||||
| 15 | Non-Certified Copy of an Original Birth Certificate completed | ||||||
| 16 | by a surviving adult child or surviving spouse of a deceased | ||||||
| 17 | adopted or surrendered person is executed in a foreign country, | ||||||
| 18 | the
execution of such
document shall be acknowledged or | ||||||
| 19 | affirmed before an officer of the United
States consular | ||||||
| 20 | services.
| ||||||
| 21 | (k) If the person signing an Information Exchange
| ||||||
| 22 | Authorization, Denial of Information, Birth Parent Preference | ||||||
| 23 | Form, or Request for a Non-Certified Copy of an Original Birth | ||||||
| 24 | Certificate completed by a surviving adult child or surviving | ||||||
| 25 | spouse of a deceased adopted or surrendered person is in the | ||||||
| |||||||
| |||||||
| 1 | military service of the
United States, the execution of such | ||||||
| 2 | document may be acknowledged before a
commissioned officer and | ||||||
| 3 | the signature of such officer on such certificate
shall be | ||||||
| 4 | verified or acknowledged before a notary public or by such | ||||||
| 5 | other
procedure as is then in effect for such division or | ||||||
| 6 | branch of the armed forces.
| ||||||
| 7 | (l) An adopted or surrendered person, surviving adult | ||||||
| 8 | child, adult grandchild, surviving spouse, or birth parent of | ||||||
| 9 | an adult adopted person who completes a Request For a | ||||||
| 10 | Non-Certified Copy of the Original Birth Certificate shall meet | ||||||
| 11 | the same filing requirements and pay the same filing fees as a | ||||||
| 12 | non-adopted person seeking to obtain a copy of his or her | ||||||
| 13 | original birth certificate.
| ||||||
| 14 | (m) Beginning on January 1, 2015, any birth parent of an | ||||||
| 15 | adult adopted person named on the original birth certificate | ||||||
| 16 | may request a non-certified copy of the original birth | ||||||
| 17 | certificate reflecting the birth of the adult adopted person, | ||||||
| 18 | provided that: | ||||||
| 19 | (1) any non-certified copy of the original birth | ||||||
| 20 | certificate released under this subsection (m) shall not | ||||||
| 21 | reflect the State file number on the original birth | ||||||
| 22 | certificate; and | ||||||
| 23 | (2) if the Department of Public Health does not locate | ||||||
| 24 | the original birth certificate, it shall issue a | ||||||
| 25 | certification of no record found. | ||||||
| 26 | (Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15; | ||||||
| |||||||
| |||||||
| 1 | revised 12-10-14.)
| ||||||
| 2 | Section 570. The Trusts and Dissolutions of Marriage Act is | ||||||
| 3 | amended by changing Section 1 as follows:
| ||||||
| 4 | (760 ILCS 35/1) (from Ch. 148, par. 301)
| ||||||
| 5 | Sec. 1.
(a) Unless the governing instrument or the judgment | ||||||
| 6 | of judicial
termination of marriage expressly provides | ||||||
| 7 | otherwise, judicial termination
of the marriage of the settlor | ||||||
| 8 | of a trust revokes every provision which
is revocable by the | ||||||
| 9 | settlor pertaining to the settlor's former spouse in
a trust | ||||||
| 10 | instrument or amendment thereto executed by the settlor before | ||||||
| 11 | the
entry of the judgment of judicial termination of the | ||||||
| 12 | settlor's marriage,
and any such trust shall be administered | ||||||
| 13 | and construed as if the settlor's
former spouse had died upon | ||||||
| 14 | entry of the judgment of judicial termination
of the settlor's | ||||||
| 15 | marriage.
| ||||||
| 16 | (b) A trustee who has no actual knowledge of a judgment of | ||||||
| 17 | judicial
termination
of the settlor's marriage, shall have no | ||||||
| 18 | liability for any action taken
or omitted in good faith on the | ||||||
| 19 | assumption that the settlor is married.
The preceding sentence | ||||||
| 20 | is intended to affect only the liability of the trustee
and | ||||||
| 21 | shall not affect the disposition of beneficial interests in any | ||||||
| 22 | trust.
| ||||||
| 23 | (c) "Trust" means a trust created by a nontestamentary | ||||||
| 24 | instrument executed
after the effective date of this Act, | ||||||
| |||||||
| |||||||
| 1 | except that, unless in the governing
instrument the provisions | ||||||
| 2 | of this Act are made applicable by specific reference,
the | ||||||
| 3 | provisions of this Act do not apply to any (a) land trust; (b) | ||||||
| 4 | voting
trust; (c) security instrument such as a trust deed or | ||||||
| 5 | mortgage; (d) liquidation
trust; (e) escrow; (f) instrument | ||||||
| 6 | under which a nominee, custodian for property
or paying or | ||||||
| 7 | receiving agent is appointed; or (g) a trust created by a | ||||||
| 8 | deposit
arrangement in a bank or savings institution, commonly | ||||||
| 9 | known as "Totten Trust".
| ||||||
| 10 | (d) The phrase "provisions pertaining to the settlor's | ||||||
| 11 | former spouse"
includes, but is not limited to, every present | ||||||
| 12 | or future gift or interest
or power of appointment given to the | ||||||
| 13 | settlor's former spouse or right of
the settlor's former spouse | ||||||
| 14 | to serve in a fiduciary capacity.
| ||||||
| 15 | (e) A provision is revocable by the settlor if the settlor | ||||||
| 16 | has the power
at the time of the entry of the judgment of | ||||||
| 17 | judicial termination of the
settlor's marriage to revoke, | ||||||
| 18 | modify or amend said provision, either alone
or in conjunction | ||||||
| 19 | with any other person or persons.
| ||||||
| 20 | (f) "Judicial termination of marriage" includes, but is not | ||||||
| 21 | limited to,
divorce, dissolution, annulment or declaration of | ||||||
| 22 | invalidity of marriage.
| ||||||
| 23 | (Source: P.A. 90-655, eff. 7-30-98; revised 12-10-14.)
| ||||||
| 24 | Section 575. The Residential Real Property Disclosure Act | ||||||
| 25 | is amended by changing Section 5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (765 ILCS 77/5)
| ||||||
| 2 | Sec. 5. Definitions. As used in this Act, unless the | ||||||
| 3 | context otherwise
requires, the
following terms have the | ||||||
| 4 | meaning given in this Section.
| ||||||
| 5 | "Residential real property" means real property improved | ||||||
| 6 | with not less
than one nor more than 4 residential dwelling | ||||||
| 7 | units; units in residential
cooperatives; or, condominium | ||||||
| 8 | units, including the limited common elements
allocated to the | ||||||
| 9 | exclusive use thereof that form an integral part of the
| ||||||
| 10 | condominium unit. The term includes a manufactured home as | ||||||
| 11 | defined in subdivision (53) of Section 9-102 of the Uniform | ||||||
| 12 | Commercial Code that is real property as defined in the | ||||||
| 13 | Conveyance and Encumbrance of Manufactured Homes as Real | ||||||
| 14 | Property and Severance Act.
| ||||||
| 15 | "Seller" means every person or entity who is an owner, | ||||||
| 16 | beneficiary of a
trust, contract purchaser or lessee of a | ||||||
| 17 | ground lease,
who has an interest (legal or equitable) in | ||||||
| 18 | residential real property.
However, "seller" shall not include
| ||||||
| 19 | any person who has both (i) never occupied the residential real | ||||||
| 20 | property and
(ii) never had the management responsibility for | ||||||
| 21 | the residential real property
nor delegated such | ||||||
| 22 | responsibility for the residential real property to another
| ||||||
| 23 | person or entity.
| ||||||
| 24 | "Prospective buyer" means any person or entity negotiating | ||||||
| 25 | or offering
to become an owner or lessee of residential real | ||||||
| |||||||
| |||||||
| 1 | property by means of a
transfer for value to which this Act | ||||||
| 2 | applies.
| ||||||
| 3 | (Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
| ||||||
| 4 | Section 580. The Conveyance and Encumbrance of | ||||||
| 5 | Manufactured Homes as Real Property and Severance Act is | ||||||
| 6 | amended by changing Section 5-10 as follows:
| ||||||
| 7 | (765 ILCS 170/5-10)
| ||||||
| 8 | Sec. 5-10. Act not mandatory; record notice. The owner of a | ||||||
| 9 | manufactured home that is personal property or a fixture may, | ||||||
| 10 | but need not, cause that manufactured home to be deemed to be | ||||||
| 11 | real property by satisfying the requirements of Section 5-30 of | ||||||
| 12 | this Act and the requirements of Section 3-116.1 or 3-116.2 of | ||||||
| 13 | the Illinois Vehicle Code, as applicable. | ||||||
| 14 | To convey or voluntarily encumber a manufactured home as | ||||||
| 15 | real property, the following conditions must be met: | ||||||
| 16 | (1) the manufactured home must be affixed to a | ||||||
| 17 | permanent foundation on real property; | ||||||
| 18 | (2) the ownership interests in the manufactured home | ||||||
| 19 | and the real property to which the manufactured home is | ||||||
| 20 | affixed must be identical, or, if the manufactured home is | ||||||
| 21 | not located in a mobile home park as defined in Section 2.5 | ||||||
| 22 | of the Mobile Home Park Act, and if the owner of the | ||||||
| 23 | manufactured home, if not the owner of the real property, | ||||||
| 24 | is in possession of the real property pursuant to the terms | ||||||
| |||||||
| |||||||
| 1 | of a lease in recordable form that has a term that | ||||||
| 2 | continues for at least 20 years after the date of | ||||||
| 3 | execution, then the consent of the lessor of the real | ||||||
| 4 | property must be given; | ||||||
| 5 | (3) the person (all, if more than one) having an | ||||||
| 6 | ownership interest in such manufactured home shall execute | ||||||
| 7 | and record with the recording officer of the county in | ||||||
| 8 | which the real property is located an affidavit of | ||||||
| 9 | affixation as provided in Section 5-15 of this Act and | ||||||
| 10 | satisfy the other applicable requirements of this Act; and | ||||||
| 11 | (4) upon receipt of a certified copy of the recorded | ||||||
| 12 | affidavit of affixation pursuant to Section 5-25 of this | ||||||
| 13 | Act, any person designated therein for filing with the | ||||||
| 14 | Secretary of State shall file the certified copy of | ||||||
| 15 | affidavit of affixation with the Secretary of State; except | ||||||
| 16 | that: | ||||||
| 17 | (A) in a case described in subsection (a)(4)(A) of | ||||||
| 18 | Section 5-15 of this Act, a certified copy of the | ||||||
| 19 | affidavit of affixation and the original | ||||||
| 20 | Manufacturer's Statement of Origin, each as recorded | ||||||
| 21 | in the county in which the real property is located, | ||||||
| 22 | must be filed with the Secretary of State pursuant to | ||||||
| 23 | Section 3-116.1 of the Illinois Vehicle Code; and | ||||||
| 24 | (B) in a case described in subsection (a)(4)(B) of | ||||||
| 25 | Section 5-15 of this Act, a certified copy of the | ||||||
| 26 | recorded affidavit of affixation as recorded in the | ||||||
| |||||||
| |||||||
| 1 | county in which the real property is located, and the | ||||||
| 2 | original certificate of title, including, if | ||||||
| 3 | applicable, a certificate of title issued in | ||||||
| 4 | accordance with subsection (b) of Section 3-109 of the | ||||||
| 5 | Illinois Vehicle Code, must be filed with the Secretary | ||||||
| 6 | of State pursuant to Section 3-116.2 of the Illinois | ||||||
| 7 | Vehicle Code.
| ||||||
| 8 | (Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)
| ||||||
| 9 | Section 585. The Plat Act is amended by changing Section 1 | ||||||
| 10 | as follows:
| ||||||
| 11 | (765 ILCS 205/1) (from Ch. 109, par. 1)
| ||||||
| 12 | Sec. 1. (a) Except as otherwise provided in subparagraph | ||||||
| 13 | (b) of this
Section whenever the owner of land subdivides it | ||||||
| 14 | into 2 or more parts, any
of which is less than 5 acres, he must | ||||||
| 15 | have it surveyed and a subdivision
plat thereof made by an | ||||||
| 16 | Illinois Registered Land Surveyor, which plat must
| ||||||
| 17 | particularly describe and set
forth all public streets, alleys, | ||||||
| 18 | ways for public service facilities, ways
for utility services | ||||||
| 19 | and community antenna television systems, parks,
playgrounds, | ||||||
| 20 | school grounds or other public grounds, and all the tracts,
| ||||||
| 21 | parcels, lots or blocks, and numbering all such lots, blocks or | ||||||
| 22 | parcels
by progressive numbers, giving their precise | ||||||
| 23 | dimensions. There shall be
submitted simultaneously with the | ||||||
| 24 | subdivision plat, a study or studies which
shall show | ||||||
| |||||||
| |||||||
| 1 | topographically and by profile the elevation of the land prior
| ||||||
| 2 | to the commencement of any change in elevations as a part of | ||||||
| 3 | any phase of
subdividing, and additionally, if it is | ||||||
| 4 | contemplated that such elevations,
or the flow of surface water | ||||||
| 5 | from such land, will be changed as a result
of any portion of | ||||||
| 6 | such subdivision development, then such study or studies
shall | ||||||
| 7 | also show such proposed changes in the elevations and the flow | ||||||
| 8 | of surface
water from such land. The topographical and profile | ||||||
| 9 | studies required hereunder
may be prepared as a subsidiary | ||||||
| 10 | study or studies separate from, but of the
same scale and size | ||||||
| 11 | as the subdivision plat, and shall be prepared in such
a manner | ||||||
| 12 | as will permit the topographical study or studies to be used as
| ||||||
| 13 | overlays to the subdivision plat. The plat must show all | ||||||
| 14 | angular and linear
data along the exterior boundaries of the | ||||||
| 15 | tract of land divided or subdivided,
the names of all public | ||||||
| 16 | streets and the width, course and extent of
all public streets, | ||||||
| 17 | alleys and ways for public service facilities. References
must | ||||||
| 18 | also be made upon the plat to known and permanent monuments | ||||||
| 19 | from which
future survey may be made and the surveyor must, at | ||||||
| 20 | the time of making his
survey, set in such manner that they | ||||||
| 21 | will not be moved by frost, good and
sufficient monuments | ||||||
| 22 | marking the external boundaries of the tract to be
divided or | ||||||
| 23 | subdivided and must designate upon the plat the points where
| ||||||
| 24 | they may be found. These monuments must be placed at all | ||||||
| 25 | corners, at each
end of all curves, at the point where a curve | ||||||
| 26 | changes its radius, at all
angle points in any line and at all | ||||||
| |||||||
| |||||||
| 1 | angle points along a meander line, the
points to be not less | ||||||
| 2 | than 20 feet back from the normal water elevation
of a lake or | ||||||
| 3 | from the bank of a stream, except that when such corners or
| ||||||
| 4 | points fall within a street, or proposed future street, the | ||||||
| 5 | monuments must
be placed in the right of way line of the | ||||||
| 6 | street. All internal boundaries,
corners and points must be | ||||||
| 7 | monumented in the field by like monuments as
defined above. | ||||||
| 8 | These monuments 2 of which must be of stone or reinforced
| ||||||
| 9 | concrete and must be set at the opposite extremities of the | ||||||
| 10 | property platted,
placed at all block corners, at each end of | ||||||
| 11 | all curves, at the points where
a curve changes its radius, and | ||||||
| 12 | at all angle points in any line. All lots
must be monumented in | ||||||
| 13 | the field with 2 or more monuments.
| ||||||
| 14 | The monuments must be furnished by the person for whom the | ||||||
| 15 | survey is made
and must be such that they will not be moved by | ||||||
| 16 | frost. If any city, village
or town has adopted an official | ||||||
| 17 | plan, or part thereof, in the manner prescribed
by law, the | ||||||
| 18 | plat of land situated within the area affected thereby must
| ||||||
| 19 | conform to the official plan, or part thereof.
| ||||||
| 20 | (b) Except as provided in subsection (c) of this Section, | ||||||
| 21 | the
provisions of this Act do not apply and no subdivision plat
| ||||||
| 22 | is required in any of the following instances:
| ||||||
| 23 | 1. the The division or subdivision of land into parcels | ||||||
| 24 | or tracts of 5 acres
or more in size which does not involve | ||||||
| 25 | any new streets or easements of access;
| ||||||
| 26 | 2. the The division of lots or blocks of less than 1 | ||||||
| |||||||
| |||||||
| 1 | acre in any recorded
subdivision which does not involve any | ||||||
| 2 | new streets or easements of access;
| ||||||
| 3 | 3. the The sale or exchange of parcels of land between | ||||||
| 4 | owners of adjoining
and contiguous land;
| ||||||
| 5 | 4. the The conveyance of parcels of land or interests | ||||||
| 6 | therein for use as a
right of way for railroads or other | ||||||
| 7 | public utility facilities and other
pipe lines which does | ||||||
| 8 | not involve any new streets or easements of access;
| ||||||
| 9 | 5. the The conveyance of land owned by a railroad or | ||||||
| 10 | other public utility
which does not involve any new streets | ||||||
| 11 | or easements of access;
| ||||||
| 12 | 6. the The conveyance of land for highway or other | ||||||
| 13 | public purposes or grants
or conveyances relating to the | ||||||
| 14 | dedication of land for public use or instruments
relating | ||||||
| 15 | to the vacation of land impressed with a public use;
| ||||||
| 16 | 7. conveyances Conveyances made to correct | ||||||
| 17 | descriptions in prior conveyances; .
| ||||||
| 18 | 8. the The sale or exchange of parcels or tracts of | ||||||
| 19 | land following the division
into no more than 2 parts of a | ||||||
| 20 | particular parcel or tract of land existing
on July 17, | ||||||
| 21 | 1959 and not involving any new streets or easements of | ||||||
| 22 | access; .
| ||||||
| 23 | 9. the The sale of a single lot of less than 5 acres | ||||||
| 24 | from a larger tract when
a survey is made by an Illinois | ||||||
| 25 | Registered Land Surveyor; provided, that
this exemption | ||||||
| 26 | shall not apply to the sale of
any subsequent lots from the | ||||||
| |||||||
| |||||||
| 1 | same larger tract of land, as determined by
the dimensions | ||||||
| 2 | and configuration of the larger tract on October 1, 1973,
| ||||||
| 3 | and provided also that this exemption does not invalidate | ||||||
| 4 | any local
requirements applicable to the subdivision of | ||||||
| 5 | land; . | ||||||
| 6 | 10. the The preparation of a plat for wind energy | ||||||
| 7 | devices under Section 10-620 of the Property Tax Code.
| ||||||
| 8 | Nothing contained within the provisions of this Act shall | ||||||
| 9 | prevent or
preclude individual counties from establishing | ||||||
| 10 | standards, ordinances, or
specifications which reduce the | ||||||
| 11 | acreage minimum to less than 5 acres, but
not less than 2 | ||||||
| 12 | acres, or supplementing the requirements contained herein
when | ||||||
| 13 | a survey is made by an Illinois Registered Land Surveyor and a | ||||||
| 14 | plat
thereof is recorded, under powers granted to them.
| ||||||
| 15 | (c) However, if a plat is made by an Illinois Registered | ||||||
| 16 | Surveyor of
any parcel or tract of land otherwise exempt from | ||||||
| 17 | the plat provisions of
this Act pursuant to subsection (b) of | ||||||
| 18 | this Section, such plat shall be
recorded. It shall not be the | ||||||
| 19 | responsibility of a recorder of deeds to
determine whether the | ||||||
| 20 | plat has been made or recorded under this subsection (c)
prior | ||||||
| 21 | to accepting a deed for recording.
| ||||||
| 22 | (Source: P.A. 95-644, eff. 10-12-07; revised 12-10-14.)
| ||||||
| 23 | Section 590. The Condominium Property Act is amended by | ||||||
| 24 | setting forth and renumbering multiple versions of Section 18.8 | ||||||
| 25 | as follows:
| ||||||
| |||||||
| |||||||
| 1 | (765 ILCS 605/18.8) | ||||||
| 2 | Sec. 18.8. Use of technology. | ||||||
| 3 | (a) Any notice required to be sent or received or | ||||||
| 4 | signature, vote, consent, or approval required to be obtained | ||||||
| 5 | under any condominium instrument or any provision of this Act | ||||||
| 6 | may be accomplished using the technology generally available at | ||||||
| 7 | that time. This Section shall govern the use of technology in | ||||||
| 8 | implementing the provisions of any condominium instrument or | ||||||
| 9 | any provision of this Act concerning notices, signatures, | ||||||
| 10 | votes, consents, or approvals. | ||||||
| 11 | (b) The association, unit owners, and other persons | ||||||
| 12 | entitled to occupy a unit may perform any obligation or | ||||||
| 13 | exercise any right under any condominium instrument or any | ||||||
| 14 | provision of this Act by use of any technological means that | ||||||
| 15 | provides sufficient security, reliability, identification, and | ||||||
| 16 | verifiability. | ||||||
| 17 | (c) A verifiable electronic signature satisfies any | ||||||
| 18 | requirement for a signature under any condominium instrument or | ||||||
| 19 | any provision of this Act. | ||||||
| 20 | (d) Voting on, consent to, and approval of any matter under | ||||||
| 21 | any condominium instrument or any provision of this Act may be | ||||||
| 22 | accomplished by electronic transmission or other equivalent | ||||||
| 23 | technological means, provided that a record is created as | ||||||
| 24 | evidence thereof and maintained as long as the record would be | ||||||
| 25 | required to be maintained in nonelectronic form. | ||||||
| |||||||
| |||||||
| 1 | (e) Subject to other provisions of law, no action required | ||||||
| 2 | or permitted by any condominium instrument or any provision of | ||||||
| 3 | this Act need be acknowledged before a notary public if the | ||||||
| 4 | identity and signature of the person can otherwise be | ||||||
| 5 | authenticated to the satisfaction of the board of directors or | ||||||
| 6 | board of managers. | ||||||
| 7 | (f) If any person does not provide written authorization to | ||||||
| 8 | conduct business using electronic transmission or other | ||||||
| 9 | equivalent technological means, the association shall, at its | ||||||
| 10 | expense, conduct business with the person without the use of | ||||||
| 11 | electronic transmission or other equivalent technological | ||||||
| 12 | means. | ||||||
| 13 | (g) This Section does not apply to any notices required | ||||||
| 14 | under Article IX of the Code of Civil Procedure related to: (i) | ||||||
| 15 | an action by the association to collect a common expense; or | ||||||
| 16 | (ii) foreclosure proceedings in enforcement of any lien rights | ||||||
| 17 | under this Act.
| ||||||
| 18 | (Source: P.A. 98-1042, eff. 1-1-15.)
| ||||||
| 19 | (765 ILCS 605/18.9) | ||||||
| 20 | Sec. 18.9 18.8. Common elements; rights of board. | ||||||
| 21 | (a) Any provision in a condominium instrument is void as | ||||||
| 22 | against public policy and ineffective if it limits or restricts | ||||||
| 23 | the rights of the board of managers by: | ||||||
| 24 | (1) requiring the prior consent of the unit owners in | ||||||
| 25 | order for the board of managers to take any action, | ||||||
| |||||||
| |||||||
| 1 | including the institution of any action in court or a | ||||||
| 2 | demand for a trial by jury; or | ||||||
| 3 | (2) notwithstanding Section 32 of this Act, requiring | ||||||
| 4 | the board of managers to arbitrate or mediate a dispute | ||||||
| 5 | with any one or more of all of the declarants under the | ||||||
| 6 | condominium instruments or the developer or any person not | ||||||
| 7 | then a unit owner prior to the institution of any action by | ||||||
| 8 | the board of managers or a demand for a trial by jury. | ||||||
| 9 | (b) A provision in a declaration which would otherwise be | ||||||
| 10 | void and ineffective under this Section may be enforced if it | ||||||
| 11 | is approved by a vote of not less than 75% of the unit owners at | ||||||
| 12 | any time after the election of the first unit owner board of | ||||||
| 13 | managers.
| ||||||
| 14 | (Source: P.A. 98-1068, eff. 1-1-15; revised 10-20-14.)
| ||||||
| 15 | Section 595. The Mobile Home Landlord and Tenant Rights Act | ||||||
| 16 | is amended by changing Section 3 as follows:
| ||||||
| 17 | (765 ILCS 745/3) (from Ch. 80, par. 203)
| ||||||
| 18 | Sec. 3. Definitions. Unless otherwise expressly defined, | ||||||
| 19 | all terms in
this Act shall be construed to have their | ||||||
| 20 | ordinarily accepted meanings or
such meaning as the context | ||||||
| 21 | therein requires.
| ||||||
| 22 | (a) "Person" means any legal entity, including but not | ||||||
| 23 | limited to, an
individual, firm, partnership, association, | ||||||
| 24 | trust, joint stock company,
corporation or successor of any of | ||||||
| |||||||
| |||||||
| 1 | the foregoing.
| ||||||
| 2 | (b) "Manufactured home" means a factory-assembled, | ||||||
| 3 | completely integrated structure designed for permanent | ||||||
| 4 | habitation, with a permanent chassis, and so constructed as to | ||||||
| 5 | permit its transport, on wheels temporarily or permanently | ||||||
| 6 | attached to its frame, and is a movable or portable unit that | ||||||
| 7 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
| 8 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
| 9 | towed on its own chassis (comprised of frame and wheels) from | ||||||
| 10 | the place of its construction to the location, or subsequent | ||||||
| 11 | locations, at which it is connected to utilities for year-round | ||||||
| 12 | occupancy for use as a permanent habitation, and designed and | ||||||
| 13 | situated so as to permit its occupancy as a dwelling place for | ||||||
| 14 | one or more persons, and specifically includes a "manufactured | ||||||
| 15 | home" as defined in subdivision (53) of Section 9-102 of the | ||||||
| 16 | Uniform Commercial Code. The term shall include units | ||||||
| 17 | containing parts that may be folded, collapsed, or telescoped | ||||||
| 18 | when being towed and that may be expected to provide additional | ||||||
| 19 | cubic capacity, and that are designed to be joined into one | ||||||
| 20 | integral unit capable of being separated again into the | ||||||
| 21 | components for repeated towing. The term excludes campers and | ||||||
| 22 | recreational vehicles. The words "mobile home" and | ||||||
| 23 | "manufactured home" are synonymous for the purposes of this | ||||||
| 24 | Act.
| ||||||
| 25 | (c) "Mobile Home Park" or "Park" means a tract of land or 2 | ||||||
| 26 | contiguous tracts of land that contain sites with the necessary | ||||||
| |||||||
| |||||||
| 1 | utilities for 5 or more mobile homes or manufactured homes. A | ||||||
| 2 | mobile home park may be operated either free of charge or for | ||||||
| 3 | revenue purposes.
| ||||||
| 4 | (d) "Park Owner" means the owner of a mobile home park and | ||||||
| 5 | any person
authorized to exercise any aspect of the management | ||||||
| 6 | of the premises, including
any person who directly or | ||||||
| 7 | indirectly receives rents and has no obligation
to deliver the | ||||||
| 8 | whole of such receipts to another person.
| ||||||
| 9 | (e) "Tenant" means any person who occupies a mobile home | ||||||
| 10 | rental unit for
dwelling purposes or a lot on which he parks a | ||||||
| 11 | mobile home for an agreed
upon consideration.
| ||||||
| 12 | (f) "Rent" means any money or other consideration given for | ||||||
| 13 | the right
of use, possession and occupancy of property, be it a | ||||||
| 14 | lot, a mobile home, or both.
| ||||||
| 15 | (g) "Master antenna television service" means any and all | ||||||
| 16 | services
provided by or through the facilities of any closed | ||||||
| 17 | circuit coaxial cable
communication system, or any microwave or | ||||||
| 18 | similar transmission services
other than a community antenna | ||||||
| 19 | television system as defined in Section
11-42-11 of the | ||||||
| 20 | Illinois Municipal Code.
| ||||||
| 21 | (h) "Authority having jurisdiction" means the Illinois | ||||||
| 22 | Department of Public Health or a unit of local government | ||||||
| 23 | specifically authorized by statute, rule, or ordinance to | ||||||
| 24 | enforce this Act or any other statute, rule, or ordinance | ||||||
| 25 | applicable to the mobile home park or manufactured home | ||||||
| 26 | community. | ||||||
| |||||||
| |||||||
| 1 | (i) "Managing agent" means any person or entity responsible | ||||||
| 2 | for the operation, management, or maintenance of a mobile home | ||||||
| 3 | park or manufactured home community. | ||||||
| 4 | (Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15; | ||||||
| 5 | revised 10-2-14.)
| ||||||
| 6 | Section 600. The Mechanics Lien Act is amended by changing | ||||||
| 7 | Section 35 as follows:
| ||||||
| 8 | (770 ILCS 60/35) (from Ch. 82, par. 35)
| ||||||
| 9 | Sec. 35. Satisfaction or release; recording; neglect; | ||||||
| 10 | penalty.
| ||||||
| 11 | (a) Whenever a claim for lien has been filed with the | ||||||
| 12 | recorder of deeds, either by the contractor or sub-contractor,
| ||||||
| 13 | and is paid with cost of filing same, or where there
is a | ||||||
| 14 | failure to institute suit to enforce the same after demand as | ||||||
| 15 | provided
in the preceding Section within the time by this Act | ||||||
| 16 | limited the person
filing the same or some one by him duly | ||||||
| 17 | authorized in writing so to do,
shall acknowledge satisfaction | ||||||
| 18 | or release thereof, in writing, on written
demand of the owner, | ||||||
| 19 | lienor, or any person interested in the real estate, or his or | ||||||
| 20 | her agent or attorney, and on neglect to do so for 10 days | ||||||
| 21 | after such written
demand he or she shall be
liable to the | ||||||
| 22 | owner for the sum of $2,500, which may be recovered in a civil | ||||||
| 23 | action together with the costs and the reasonable attorney's | ||||||
| 24 | fees of the owner, lienor, or other person interested in the | ||||||
| |||||||
| |||||||
| 1 | real estate, or his or her agent or attorney incurred in | ||||||
| 2 | bringing such action.
| ||||||
| 3 | (b) Such a satisfaction or release of lien may be filed | ||||||
| 4 | with the recorder
of deeds in whose office the claim for lien | ||||||
| 5 | had been filed
and when so filed shall forever thereafter | ||||||
| 6 | discharge and release the claim
for lien and shall bar all | ||||||
| 7 | actions brought or to be brought thereupon.
| ||||||
| 8 | (c) The release of lien shall have the following
imprinted | ||||||
| 9 | thereon in bold letters at least 1/4 inch in height: "FOR THE
| ||||||
| 10 | PROTECTION OF THE OWNER, THIS RELEASE
SHOULD BE FILED WITH THE | ||||||
| 11 | RECORDER
IN WHOSE OFFICE THE CLAIM FOR LIEN WAS FILED." The | ||||||
| 12 | Recorder
in whose office the claim for lien had been filed,
| ||||||
| 13 | upon receipt of a release and the payment of the recording
fee, | ||||||
| 14 | shall record the release.
| ||||||
| 15 | (Source: P.A. 94-627, eff. 1-1-06; revised 12-11-14.)
| ||||||
| 16 | Section 605. The Illinois Human Rights Act is amended by | ||||||
| 17 | changing Section 2-101 as follows:
| ||||||
| 18 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| ||||||
| 19 | Sec. 2-101. Definitions. The following definitions are | ||||||
| 20 | applicable
strictly in the context of this Article.
| ||||||
| 21 | (A) Employee.
| ||||||
| 22 | (1) "Employee" includes:
| ||||||
| 23 | (a) Any individual performing services for | ||||||
| 24 | remuneration within this
State for an employer;
| ||||||
| |||||||
| |||||||
| 1 | (b) An apprentice;
| ||||||
| 2 | (c) An applicant for any apprenticeship.
| ||||||
| 3 | For purposes of subsection (D) of Section 2-102 of this | ||||||
| 4 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
| 5 | intern is a person who performs work for an employer under | ||||||
| 6 | the following circumstances: | ||||||
| 7 | (i) the employer is not committed to hiring the | ||||||
| 8 | person performing the work at the conclusion of the | ||||||
| 9 | intern's tenure; | ||||||
| 10 | (ii) the employer and the person performing the | ||||||
| 11 | work agree that the person is not entitled to wages for | ||||||
| 12 | the work performed; and | ||||||
| 13 | (iii) the work performed: | ||||||
| 14 | (I) supplements training given in an | ||||||
| 15 | educational environment that may enhance the | ||||||
| 16 | employability of the intern; | ||||||
| 17 | (II) provides experience for the benefit of | ||||||
| 18 | the person performing the work; | ||||||
| 19 | (III) does not displace regular employees; | ||||||
| 20 | (IV) is performed under the close supervision | ||||||
| 21 | of existing staff; and | ||||||
| 22 | (V) provides no immediate advantage to the | ||||||
| 23 | employer providing the training and may
| ||||||
| 24 | occasionally impede the operations of the | ||||||
| 25 | employer. | ||||||
| 26 | (2) "Employee" does not include:
| ||||||
| |||||||
| |||||||
| 1 | (a) Domestic servants in private homes;
| ||||||
| 2 | (b) Individuals employed by persons who are not | ||||||
| 3 | "employers" as
defined by this Act;
| ||||||
| 4 | (c) Elected public officials or the members of | ||||||
| 5 | their immediate
personal staffs;
| ||||||
| 6 | (d) Principal administrative officers of the State | ||||||
| 7 | or of any
political subdivision, municipal corporation | ||||||
| 8 | or other governmental unit
or agency;
| ||||||
| 9 | (e) A person in a vocational rehabilitation | ||||||
| 10 | facility certified under
federal law who has been | ||||||
| 11 | designated an evaluee, trainee, or work
activity | ||||||
| 12 | client.
| ||||||
| 13 | (B) Employer.
| ||||||
| 14 | (1) "Employer" includes:
| ||||||
| 15 | (a) Any person employing 15 or more employees | ||||||
| 16 | within Illinois during
20 or more calendar weeks within | ||||||
| 17 | the calendar year of or preceding the alleged
| ||||||
| 18 | violation;
| ||||||
| 19 | (b) Any person employing one or more employees when | ||||||
| 20 | a complainant
alleges civil rights violation due to | ||||||
| 21 | unlawful discrimination based
upon his or her physical | ||||||
| 22 | or mental disability unrelated to ability, pregnancy, | ||||||
| 23 | or
sexual harassment;
| ||||||
| 24 | (c) The State and any political subdivision, | ||||||
| 25 | municipal corporation
or other governmental unit or | ||||||
| 26 | agency, without regard to the number of
employees;
| ||||||
| |||||||
| |||||||
| 1 | (d) Any party to a public contract without regard | ||||||
| 2 | to the number of
employees;
| ||||||
| 3 | (e) A joint apprenticeship or training committee | ||||||
| 4 | without regard to the
number of employees.
| ||||||
| 5 | (2) "Employer" does not include any religious | ||||||
| 6 | corporation,
association, educational institution, | ||||||
| 7 | society, or non-profit nursing
institution conducted by | ||||||
| 8 | and for those who rely upon treatment by prayer
through | ||||||
| 9 | spiritual means in accordance with the tenets of a | ||||||
| 10 | recognized
church or religious denomination with respect | ||||||
| 11 | to the employment of
individuals of a particular religion | ||||||
| 12 | to perform work connected with the
carrying on by such | ||||||
| 13 | corporation, association, educational institution,
society | ||||||
| 14 | or non-profit nursing institution of its activities.
| ||||||
| 15 | (C) Employment Agency. "Employment Agency" includes both | ||||||
| 16 | public and
private employment agencies and any person, labor | ||||||
| 17 | organization, or labor
union having a hiring hall or hiring | ||||||
| 18 | office regularly undertaking, with
or without compensation, to | ||||||
| 19 | procure opportunities to work, or to
procure, recruit, refer or | ||||||
| 20 | place employees.
| ||||||
| 21 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
| 22 | organization, labor union, craft union, or any voluntary | ||||||
| 23 | unincorporated
association designed to further the cause of the | ||||||
| 24 | rights of union labor
which is constituted for the purpose, in | ||||||
| 25 | whole or in part, of collective
bargaining or of dealing with | ||||||
| 26 | employers concerning grievances, terms or
conditions of | ||||||
| |||||||
| |||||||
| 1 | employment, or apprenticeships or applications for
| ||||||
| 2 | apprenticeships, or of other mutual aid or protection in | ||||||
| 3 | connection with
employment, including apprenticeships or | ||||||
| 4 | applications for apprenticeships.
| ||||||
| 5 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
| 6 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
| 7 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
| 8 | is made either explicitly or implicitly
a term or condition of | ||||||
| 9 | an individual's employment, (2) submission to or
rejection of | ||||||
| 10 | such conduct by an individual is used as the basis for
| ||||||
| 11 | employment decisions affecting such individual, or (3) such | ||||||
| 12 | conduct has the
purpose or effect of substantially interfering | ||||||
| 13 | with an individual's work
performance or creating an | ||||||
| 14 | intimidating, hostile or offensive working
environment.
| ||||||
| 15 | (F) Religion. "Religion" with respect to employers | ||||||
| 16 | includes all
aspects of religious observance and practice, as | ||||||
| 17 | well as belief, unless an
employer demonstrates that he is | ||||||
| 18 | unable to reasonably accommodate an
employee's or prospective | ||||||
| 19 | employee's religious observance or practice
without undue | ||||||
| 20 | hardship on the conduct of the employer's business.
| ||||||
| 21 | (G) Public Employer. "Public employer" means the State, an | ||||||
| 22 | agency or
department thereof, unit of local government, school | ||||||
| 23 | district,
instrumentality or political subdivision.
| ||||||
| 24 | (H) Public Employee. "Public employee" means an employee of | ||||||
| 25 | the State,
agency or department thereof, unit of local | ||||||
| 26 | government, school district,
instrumentality or political | ||||||
| |||||||
| |||||||
| 1 | subdivision. "Public employee" does not include
public | ||||||
| 2 | officers or employees of the General Assembly or agencies | ||||||
| 3 | thereof.
| ||||||
| 4 | (I) Public Officer. "Public officer" means a person who is | ||||||
| 5 | elected to
office pursuant to the Constitution or a statute or | ||||||
| 6 | ordinance, or who is
appointed to an office which is | ||||||
| 7 | established, and the qualifications and
duties of which are | ||||||
| 8 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
| 9 | discharge a public duty for the State, agency or department
| ||||||
| 10 | thereof, unit of local government, school district, | ||||||
| 11 | instrumentality or
political subdivision.
| ||||||
| 12 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
| 13 | prior to a
bid opening, has filed with the Department a | ||||||
| 14 | properly completed, sworn and
currently valid employer report | ||||||
| 15 | form, pursuant to the Department's regulations.
The provisions | ||||||
| 16 | of this Article relating to eligible bidders apply only
to bids | ||||||
| 17 | on contracts with the State and its departments, agencies, | ||||||
| 18 | boards,
and commissions, and the provisions do not apply to | ||||||
| 19 | bids on contracts with
units of local government or school | ||||||
| 20 | districts.
| ||||||
| 21 | (K) Citizenship Status. "Citizenship status" means the | ||||||
| 22 | status of being:
| ||||||
| 23 | (1) a born U.S. citizen;
| ||||||
| 24 | (2) a naturalized U.S. citizen;
| ||||||
| 25 | (3) a U.S. national; or
| ||||||
| 26 | (4) a person born outside the United States and not a | ||||||
| |||||||
| |||||||
| 1 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
| 2 | protected from discrimination under
the provisions of | ||||||
| 3 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
| 4 | or hereafter amended.
| ||||||
| 5 | (Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15; | ||||||
| 6 | 98-1050, eff. 1-1-15; revised 10-3-14.)
| ||||||
| 7 | Section 610. The General Not For Profit Corporation Act of | ||||||
| 8 | 1986 is amended by changing Section 112.10 as follows:
| ||||||
| 9 | (805 ILCS 105/112.10) (from Ch. 32, par. 112.10)
| ||||||
| 10 | Sec. 112.10. Voluntary dissolution by written consent of
| ||||||
| 11 | members entitled to vote. Except for the dissolution of a | ||||||
| 12 | not-for-profit corporation organized for the purpose of | ||||||
| 13 | ownership or administration of residential property on a | ||||||
| 14 | cooperative basis, when . When a corporation has members
| ||||||
| 15 | entitled to vote on dissolution, the dissolution of a
| ||||||
| 16 | corporation may be authorized pursuant to Section 107.10 of
| ||||||
| 17 | this Act. Dissolution pursuant to this the Section does not
| ||||||
| 18 | require any vote of the directors of the corporation.
| ||||||
| 19 | (Source: P.A. 98-302, eff. 1-1-14; revised 12-11-14.)
| ||||||
| 20 | Section 615. The Limited Liability Company Act is amended | ||||||
| 21 | by changing Section 35-40 as follows:
| ||||||
| 22 | (805 ILCS 180/35-40)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 35-40. Reinstatement following administrative
| ||||||
| 2 | dissolution. | ||||||
| 3 | (a) A limited liability company administratively
dissolved | ||||||
| 4 | under Section 35-25 may be reinstated by the
Secretary of State | ||||||
| 5 | following the date of
issuance of the notice of dissolution | ||||||
| 6 | upon:
| ||||||
| 7 | (1) The filing of an application for
reinstatement.
| ||||||
| 8 | (2) The filing with the Secretary of State by the
| ||||||
| 9 | limited liability company of all reports then due and
| ||||||
| 10 | theretofore becoming due.
| ||||||
| 11 | (3) The payment to the Secretary of State by the
| ||||||
| 12 | limited liability company of all fees and penalties then
| ||||||
| 13 | due and theretofore becoming due.
| ||||||
| 14 | (b) The application for reinstatement shall be executed
and | ||||||
| 15 | filed in duplicate in accordance with Section 5-45 of
this Act | ||||||
| 16 | and shall set forth all of the following:
| ||||||
| 17 | (1) The name of the limited liability company at
the | ||||||
| 18 | time of the issuance of the notice of dissolution.
| ||||||
| 19 | (2) If the name is not available for use as
determined | ||||||
| 20 | by the Secretary of State at the time of
filing the | ||||||
| 21 | application for reinstatement, the name of
the limited | ||||||
| 22 | liability company as changed, provided
that any change of | ||||||
| 23 | name is properly effected under
Section 1-10 and Section | ||||||
| 24 | 5-25 5.25 of this Act.
| ||||||
| 25 | (3) The date of issuance of the notice of
dissolution.
| ||||||
| 26 | (4) The address, including street and number
or
rural | ||||||
| |||||||
| |||||||
| 1 | route number of the registered office of the
limited | ||||||
| 2 | liability company upon reinstatement thereof
and the name | ||||||
| 3 | of its registered agent at that address
upon the | ||||||
| 4 | reinstatement of the limited liability
company,
provided | ||||||
| 5 | that any change from either the
registered office or the | ||||||
| 6 | registered agent at the
time of
dissolution is properly | ||||||
| 7 | reported under Section
1-35 of this Act.
| ||||||
| 8 | (c) When a dissolved limited liability company has
complied | ||||||
| 9 | with the provisions of the Section, the Secretary of
State | ||||||
| 10 | shall file the application for
reinstatement.
| ||||||
| 11 | (d) Upon the filing of the application for
reinstatement, | ||||||
| 12 | the limited liability company existence shall
be deemed to have | ||||||
| 13 | continued without interruption from the
date of the issuance of | ||||||
| 14 | the notice of dissolution, and the
limited liability company | ||||||
| 15 | shall stand revived with the
powers, duties, and obligations as | ||||||
| 16 | if it had not been
dissolved; and all acts and proceedings of | ||||||
| 17 | its members,
managers, officers, employees, and agents, acting | ||||||
| 18 | or purporting to act in that capacity, and which
would have | ||||||
| 19 | been legal and valid but for the dissolution,
shall stand | ||||||
| 20 | ratified and confirmed.
| ||||||
| 21 | (e) Without limiting the generality of subsection (d), upon | ||||||
| 22 | the filing of the application for reinstatement, no member, | ||||||
| 23 | manager, or officer shall be personally liable for the debts | ||||||
| 24 | and liabilities of the limited liability company incurred | ||||||
| 25 | during the period of administrative dissolution by reason of | ||||||
| 26 | the fact that the limited liability company was | ||||||
| |||||||
| |||||||
| 1 | administratively dissolved at the time the debts or liabilities | ||||||
| 2 | were incurred. | ||||||
| 3 | (Source: P.A. 98-776, eff. 1-1-15; revised 12-11-14.)
| ||||||
| 4 | Section 620. The Illinois Securities Law of 1953 is amended | ||||||
| 5 | by changing Section 11a as follows:
| ||||||
| 6 | (815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)
| ||||||
| 7 | Sec. 11a. Fees.
| ||||||
| 8 | (1) The Secretary of State shall by rule or
regulation | ||||||
| 9 | impose and shall collect reasonable fees necessary for
the | ||||||
| 10 | administration of this Act including, but not limited to, fees | ||||||
| 11 | for
the following purposes:
| ||||||
| 12 | (a) filing an application pursuant to paragraph (2) of | ||||||
| 13 | subsection F of
Section 4 of this Act;
| ||||||
| 14 | (b) examining an application and report pursuant to | ||||||
| 15 | paragraph (2) of
subsection F of Section 4 of this Act;
| ||||||
| 16 | (c) filing a report pursuant to subsection G of Section | ||||||
| 17 | 4 of this Act,
determined
in accordance with paragraph (4) | ||||||
| 18 | of subsection G of Section 4 of this Act;
| ||||||
| 19 | (d) examining an offering sheet pursuant to subsection | ||||||
| 20 | P of Section 4 of
this Act;
| ||||||
| 21 | (e) filing a report pursuant to subsection P of Section | ||||||
| 22 | 4, determined
in accordance with subsection P of Section 4 | ||||||
| 23 | of this Act;
| ||||||
| 24 | (f) examining an application to register securities | ||||||
| |||||||
| |||||||
| 1 | under
subsection B of Section 5 of this Act;
| ||||||
| 2 | (g) examining an amended or supplemental prospectus | ||||||
| 3 | filed
pursuant to the undertaking required by | ||||||
| 4 | sub-paragraph (i) of paragraph (2)
of subsection B of | ||||||
| 5 | Section 5 of this Act;
| ||||||
| 6 | (h) registering or renewing registration of securities | ||||||
| 7 | under Section 5,
determined in accordance with subsection C | ||||||
| 8 | of Section 5 of this Act;
| ||||||
| 9 | (i) registering securities in excess of the amount | ||||||
| 10 | initially registered,
determined in accordance with | ||||||
| 11 | paragraph (2) of subsection C of Section 5 of
this Act;
| ||||||
| 12 | (j) failure to file timely an application for renewal | ||||||
| 13 | under subsection E
of Section 5 of this Act;
| ||||||
| 14 | (k) failure to file timely any document or information | ||||||
| 15 | required
under Section 5 of this Act;
| ||||||
| 16 | (l) examining an application to register face amount
| ||||||
| 17 | certificate contracts under subsection B of Section 6 of | ||||||
| 18 | this Act;
| ||||||
| 19 | (m) examining an amended or supplemental prospectus | ||||||
| 20 | filed
pursuant to the undertaking required by | ||||||
| 21 | sub-paragraph (f) of paragraph (2)
of subsection B of | ||||||
| 22 | Section 6 of this Act;
| ||||||
| 23 | (n) registering or renewing registration
of face | ||||||
| 24 | amount certificate contracts under Section 6 of this Act;
| ||||||
| 25 | (o) amending a registration of face amount certificate
| ||||||
| 26 | contracts pursuant to subsection E of Section 6 of this Act | ||||||
| |||||||
| |||||||
| 1 | to add any
additional
series, type or class of contract;
| ||||||
| 2 | (p) failure to file timely an application for renewal | ||||||
| 3 | under subsection
F of Section 6 of this Act;
| ||||||
| 4 | (q) adding to or withdrawing from deposits with respect | ||||||
| 5 | to
face amount certificate contracts pursuant to | ||||||
| 6 | subsection H of Section 6, a
transaction charge payable at | ||||||
| 7 | the times and in the manner specified in
subsection H of | ||||||
| 8 | Section 6 (which transaction charge shall be in addition to
| ||||||
| 9 | the annual fee called for by subsection H of Section 6 of | ||||||
| 10 | this Act);
| ||||||
| 11 | (r) failure to file timely any document or information | ||||||
| 12 | required
under Section 6 of this Act;
| ||||||
| 13 | (s) examining an application to register investment | ||||||
| 14 | fund
shares under subsection B of Section 7 of this Act;
| ||||||
| 15 | (t) examining an amended or supplemental prospectus | ||||||
| 16 | filed
pursuant to the undertaking required by | ||||||
| 17 | sub-paragraph (f) of paragraph (2)
of subsection B of | ||||||
| 18 | Section 7 of this Act;
| ||||||
| 19 | (u) registering or renewing registration of investment | ||||||
| 20 | fund shares
under Section 7 of this Act;
| ||||||
| 21 | (v) amending a registration of investment fund shares
| ||||||
| 22 | pursuant to subsection D of Section 7 of this Act to | ||||||
| 23 | register an additional
class or
classes of investment fund | ||||||
| 24 | shares;
| ||||||
| 25 | (w) failure to file timely an application for renewal | ||||||
| 26 | under paragraph
(l) of subsection G of Section 7 of this | ||||||
| |||||||
| |||||||
| 1 | Act;
| ||||||
| 2 | (x) examining an application for renewal of | ||||||
| 3 | registration of
investment fund shares under paragraph (2) | ||||||
| 4 | of subsection G of Section 7 of
this Act;
| ||||||
| 5 | (y) failure to file timely any document or information | ||||||
| 6 | required under
Section 7 of this Act;
| ||||||
| 7 | (z) filing an application for registration or | ||||||
| 8 | re-registration of a
dealer or limited Canadian dealer | ||||||
| 9 | under Section 8 of this Act for each
office in this State;
| ||||||
| 10 | (aa) in connection with an application for the | ||||||
| 11 | registration or
re-registration of a salesperson under | ||||||
| 12 | Section 8 of or this Act, for the
following purposes:
| ||||||
| 13 | (i) filing an application;
| ||||||
| 14 | (ii) a Securities Audit and Enforcement Fund fee; | ||||||
| 15 | and
| ||||||
| 16 | (iii) a notification filing of federal covered | ||||||
| 17 | investment
advisers;
| ||||||
| 18 | (bb) in connection with an application for the | ||||||
| 19 | registration or
re-registration of an investment adviser | ||||||
| 20 | under Section 8 of this Act;
| ||||||
| 21 | (cc) failure to file timely any document or information | ||||||
| 22 | required
under Section 8 of this Act;
| ||||||
| 23 | (dd) filing a consent to service of process under | ||||||
| 24 | Section 10 of this
Act;
| ||||||
| 25 | (ee) issuing a certificate pursuant to subsection B of | ||||||
| 26 | Section 15 of
this Act;
| ||||||
| |||||||
| |||||||
| 1 | (ff) issuing a certified copy pursuant to subsection C | ||||||
| 2 | of Section 15
of
this Act;
| ||||||
| 3 | (gg) issuing a non-binding statement pursuant to | ||||||
| 4 | Section 15a of this
Act;
| ||||||
| 5 | (hh) filings by Notification under Section 2a;
| ||||||
| 6 | (ii) notification filing of federal Regulation D, | ||||||
| 7 | Section 506 offering
under the
Federal 1933 Act;
| ||||||
| 8 | (jj) notification filing of securities and closed-end | ||||||
| 9 | investment company
securities;
| ||||||
| 10 | (kk) notification filing of face amount certificate | ||||||
| 11 | contracts;
| ||||||
| 12 | (ll) notification filing of open-end investment | ||||||
| 13 | company securities;
| ||||||
| 14 | (mm) filing a report pursuant to subsection D of | ||||||
| 15 | Section 4 of this Act;
| ||||||
| 16 | (nn) in connection with the filing of an application | ||||||
| 17 | for registration or
re-registration of an investment | ||||||
| 18 | adviser representative under subsection D of
Section 8 of | ||||||
| 19 | this Act.
| ||||||
| 20 | (2) The Secretary of State may, by rule or regulation, | ||||||
| 21 | raise or lower
any fee imposed by, and which he or she is | ||||||
| 22 | authorized by law to collect
under, this Act.
| ||||||
| 23 | (Source: P.A. 90-70, eff. 7-8-97; 91-357, eff. 7-29-99; revised | ||||||
| 24 | 12-11-14.)
| ||||||
| 25 | Section 625. The Ticket Sale and Resale Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 1 and 2 as follows:
| ||||||
| 2 | (815 ILCS 414/1) (was 720 ILCS 375/1)
| ||||||
| 3 | Sec. 1. Sale of tickets other than at box office | ||||||
| 4 | prohibited; exceptions.
| ||||||
| 5 | (a) It is unlawful for any person, firm or corporation, | ||||||
| 6 | owner, lessee,
manager, trustee, or any of their employees or | ||||||
| 7 | agents, owning, conducting,
managing or operating any theater, | ||||||
| 8 | circus, baseball park, or place of public
entertainment or | ||||||
| 9 | amusement where tickets of admission are sold for any such
| ||||||
| 10 | places of amusement or public entertainment to sell or permit | ||||||
| 11 | the sale,
barter or exchange of such admission tickets at any | ||||||
| 12 | other place than in the
box office or on the premises of such | ||||||
| 13 | theater, circus, baseball park, or place
of public | ||||||
| 14 | entertainment or amusement, but nothing herein prevents such
| ||||||
| 15 | theater, circus, baseball park, or place of public | ||||||
| 16 | entertainment or amusement
from placing any of its admission | ||||||
| 17 | tickets for sale at any other place at
the same price such | ||||||
| 18 | admission tickets are sold by such theater, circus,
baseball | ||||||
| 19 | park, or other place of public entertainment or amusement at | ||||||
| 20 | its
box office or on the premises of such places, at the same | ||||||
| 21 | advertised price
or printed rate thereof. | ||||||
| 22 | (b) Any term or condition of the original sale of a ticket | ||||||
| 23 | to any theater, circus, baseball park, or place of public | ||||||
| 24 | entertainment or amusement where tickets of admission are sold | ||||||
| 25 | that purports to limit the terms or conditions of resale of the | ||||||
| |||||||
| |||||||
| 1 | ticket (including but not limited to the resale price of the | ||||||
| 2 | ticket) is unenforceable, null, and void if the resale | ||||||
| 3 | transaction is carried out by any of the means set forth in | ||||||
| 4 | subsections (b), (c), (d), and (e) of Section 1.5 of this Act. | ||||||
| 5 | This subsection shall not apply to a term or condition of the | ||||||
| 6 | original sale of a ticket to any theater, circus, baseball | ||||||
| 7 | park, or place of public entertainment or amusement where | ||||||
| 8 | tickets of admission are sold that purports to limit the terms | ||||||
| 9 | or conditions of resale of a ticket specifically designated as | ||||||
| 10 | seating in a special section for a person with a physical | ||||||
| 11 | disability.
| ||||||
| 12 | (Source: P.A. 94-20, eff. 6-14-05; revised 12-11-14.)
| ||||||
| 13 | (815 ILCS 414/2) (was 720 ILCS 375/2)
| ||||||
| 14 | Sec. 2.
(a) Whoever violates any of the provisions of | ||||||
| 15 | Section 1.5 of
this Act shall be guilty of a Class A | ||||||
| 16 | misdemeanor and may be fined up
to $5,000.00 for each offense | ||||||
| 17 | and whoever violates any other provision of
this Act may be | ||||||
| 18 | enjoined and be required to make restitution to all injured
| ||||||
| 19 | consumers upon application for injunctive relief by the State's | ||||||
| 20 | Attorney or
Attorney General and shall also be guilty of a | ||||||
| 21 | Class A misdemeanor, and any
owner, lessee, manager or trustee | ||||||
| 22 | convicted under this Act shall, in
addition to the penalty | ||||||
| 23 | herein provided, forfeit the license of such
theatre, circus, | ||||||
| 24 | baseball park, or place of public entertainment or amusement
so | ||||||
| 25 | granted and the same shall be revoked by the authorities | ||||||
| |||||||
| |||||||
| 1 | granting the same.
| ||||||
| 2 | (b) Tickets sold or offered for sale by a person, firm or | ||||||
| 3 | corporation
in violation of Section 1.5 of this Act may be | ||||||
| 4 | confiscated by a
court on
motion of the Attorney General, a | ||||||
| 5 | State's Attorney, the sponsor of the
event for which the | ||||||
| 6 | tickets are being sold, or the owner or operator of the
| ||||||
| 7 | facility at which the event is to be held, and may be donated | ||||||
| 8 | by order of
the court to an appropriate organization as defined | ||||||
| 9 | under Section 2 of the
Charitable Games Act.
| ||||||
| 10 | (c) The Attorney General, a State's Attorney, the sponsor | ||||||
| 11 | of an event
for which tickets are being sold, or the owner or | ||||||
| 12 | operator of the facility
at which an event is to be held may | ||||||
| 13 | seek an injunction restraining any
person, firm or corporation | ||||||
| 14 | from selling or offering for sale tickets in
violation of the | ||||||
| 15 | provisions of this Act. In addition, on motion of the
Attorney | ||||||
| 16 | General, a State's Attorney, the sponsor of an event for which
| ||||||
| 17 | tickets are being sold, or the owner or operator of the | ||||||
| 18 | facility at which
an event is to be held, a court may | ||||||
| 19 | permanently enjoin a person, firm or
corporation found guilty | ||||||
| 20 | of violating Section 1.5 of this Act
from
engaging in the offer | ||||||
| 21 | or sale of tickets.
| ||||||
| 22 | (Source: P.A. 91-357, eff. 7-29-99; revised 12-11-14.)
| ||||||
| 23 | Section 630. The Consumer Fraud and Deceptive Business | ||||||
| 24 | Practices Act is amended by setting forth and renumbering | ||||||
| 25 | multiple versions of Section 2RRR as follows:
| ||||||
| |||||||
| |||||||
| 1 | (815 ILCS 505/2RRR) | ||||||
| 2 | Sec. 2RRR. Household goods recycling bins. | ||||||
| 3 | (a) Notwithstanding any other provision of law, a person or | ||||||
| 4 | entity owning, operating, or maintaining a household goods | ||||||
| 5 | recycling bin shall have a permanent, written, printed label | ||||||
| 6 | affixed to the bin that is
prominently displayed and includes | ||||||
| 7 | the following: (1) the name, address, and contact
information | ||||||
| 8 | of the person or entity owning, operating, or maintaining that | ||||||
| 9 | bin; and (2) whether the person or entity owning, operating, or | ||||||
| 10 | maintaining the bin is a not for
profit entity or a for profit | ||||||
| 11 | entity. A person or entity who violates this Section commits an | ||||||
| 12 | unlawful practice within the meaning of this Act. | ||||||
| 13 | (b) As used in this Section: | ||||||
| 14 | "Household goods recycling bin" or "bin" means a | ||||||
| 15 | container or
receptacle held out to the public as a place | ||||||
| 16 | for people to discard clothes, shoes,
books, and other | ||||||
| 17 | recyclable items until they are taken away for resale, | ||||||
| 18 | re-use, recycling, or
redistribution by the person or | ||||||
| 19 | entity that owns, operates, or maintains the bin. | ||||||
| 20 | "Not for profit entity" means any entity that is | ||||||
| 21 | officially recognized by the United States Internal | ||||||
| 22 | Revenue Service as a tax-exempt entity described in Section | ||||||
| 23 | 501(c)(3) of the Internal Revenue Code of 1986 (or any | ||||||
| 24 | successor provision of federal tax law).
| ||||||
| 25 | (Source: P.A. 98-1116, eff. 1-1-15.)
| ||||||
| |||||||
| |||||||
| 1 | (815 ILCS 505/2SSS) | ||||||
| 2 | Sec. 2SSS 2RRR. Unfair or deceptive patent infringement | ||||||
| 3 | demand letters. | ||||||
| 4 | (a) As used in this Section: | ||||||
| 5 | "Affiliated person" means a person affiliated with the | ||||||
| 6 | intended recipient of a written or electronic communication. | ||||||
| 7 | "Intended recipient" means a person who purchases, rents, | ||||||
| 8 | leases, or otherwise obtains a product or service in the | ||||||
| 9 | commercial market that is not for resale in the commercial | ||||||
| 10 | market and that is, or later becomes, the subject of a patent | ||||||
| 11 | infringement allegation. | ||||||
| 12 | (b) It is an unlawful practice under this Act for a person, | ||||||
| 13 | in connection with the assertion of a United States patent, to | ||||||
| 14 | send or cause any person to send any written, including | ||||||
| 15 | electronic, communication that states that the intended | ||||||
| 16 | recipient or any affiliated person is infringing or has | ||||||
| 17 | infringed a patent and bears liability or owes compensation to | ||||||
| 18 | another person, if: | ||||||
| 19 | (1) the communication falsely threatens that | ||||||
| 20 | administrative or judicial relief will be sought if | ||||||
| 21 | compensation is not paid or the infringement issue is not | ||||||
| 22 | otherwise resolved; | ||||||
| 23 | (2) the communication falsely states that litigation | ||||||
| 24 | has been filed against the intended recipient or any | ||||||
| 25 | affiliated person; | ||||||
| |||||||
| |||||||
| 1 | (3) the assertions contained in the communication lack | ||||||
| 2 | a reasonable basis in fact or law because: | ||||||
| 3 | (A) the person asserting the patent is not a | ||||||
| 4 | person, or does not represent a person, with the | ||||||
| 5 | current right to license the patent to or enforce the | ||||||
| 6 | patent against the intended recipient or any | ||||||
| 7 | affiliated person; | ||||||
| 8 | (B) the communication seeks compensation for a | ||||||
| 9 | patent that has been held to be invalid or | ||||||
| 10 | unenforceable in a final, unappealable or unappealed, | ||||||
| 11 | judicial or administrative decision; or | ||||||
| 12 | (C) the communication seeks compensation on | ||||||
| 13 | account of activities undertaken after the patent has | ||||||
| 14 | expired; or | ||||||
| 15 | (4) the content of the communication fails to include | ||||||
| 16 | information necessary to inform an intended recipient or | ||||||
| 17 | any affiliated person about the patent assertion by failing | ||||||
| 18 | to include the following: | ||||||
| 19 | (A) the identity of the person asserting a right to | ||||||
| 20 | license the patent to or enforce the patent against the | ||||||
| 21 | intended recipient or any affiliated person; | ||||||
| 22 | (B) the patent issued by the United States Patent | ||||||
| 23 | and Trademark Office alleged to have been infringed; | ||||||
| 24 | and | ||||||
| 25 | (C) the factual allegations concerning the | ||||||
| 26 | specific areas in which the intended recipient's or | ||||||
| |||||||
| |||||||
| 1 | affiliated person's products, services, or technology | ||||||
| 2 | infringed the patent or are covered by the claims in | ||||||
| 3 | the patent. | ||||||
| 4 | (c) Nothing in this Section shall be construed to deem it | ||||||
| 5 | an unlawful practice for any
person who owns or has the right | ||||||
| 6 | to license or enforce a patent to: | ||||||
| 7 | (1) advise others of that ownership or right of license | ||||||
| 8 | or enforcement; | ||||||
| 9 | (2) communicate to others that the patent is available | ||||||
| 10 | for license or sale; | ||||||
| 11 | (3) notify another of the infringement of the patent; | ||||||
| 12 | or | ||||||
| 13 | (4) seek compensation on account of past or present | ||||||
| 14 | infringement or for a license
to the patent.
| ||||||
| 15 | (Source: P.A. 98-1119, eff. 1-1-15; revised 10-20-14.)
| ||||||
| 16 | Section 635. The Day and Temporary Labor Services Act is | ||||||
| 17 | amended by changing Section 10 as follows:
| ||||||
| 18 | (820 ILCS 175/10)
| ||||||
| 19 | Sec. 10. Employment Notice.
| ||||||
| 20 | (a) Whenever a day and temporary labor service agency | ||||||
| 21 | agrees
to send one or more persons to work as day or temporary | ||||||
| 22 | laborers,
the day and temporary labor service
agency shall | ||||||
| 23 | provide to each day or temporary laborer, at the time of | ||||||
| 24 | dispatch, a
statement containing the following items on a form | ||||||
| |||||||
| |||||||
| 1 | approved by the Department: | ||||||
| 2 | (1) the name of the day or temporary laborer; | ||||||
| 3 | (2) the name and nature of the work to be
performed; | ||||||
| 4 | (3) the
wages
offered; | ||||||
| 5 | (4) the name and address of the destination of each day | ||||||
| 6 | or temporary laborer; | ||||||
| 7 | (5) terms of transportation;
and | ||||||
| 8 | (6) whether a meal or equipment, or both, are provided, | ||||||
| 9 | either by the
day and temporary labor service
agency or the | ||||||
| 10 | third party client, and the cost of the meal and equipment, | ||||||
| 11 | if any.
| ||||||
| 12 | If a day or temporary laborer is assigned to the same | ||||||
| 13 | assignment for more than one day, the day and temporary labor | ||||||
| 14 | service agency is required to provide the employment notice | ||||||
| 15 | only on the first day of the assignment and on any day that any | ||||||
| 16 | of the terms listed on the employment notice are changed.
| ||||||
| 17 | If the day or temporary laborer is not placed with a third | ||||||
| 18 | party client or otherwise contracted to work for that day, the | ||||||
| 19 | day and temporary labor service agency shall, upon request, | ||||||
| 20 | provide the day and temporary laborer with a confirmation that | ||||||
| 21 | the day or temporary laborer sought work, signed by an employee | ||||||
| 22 | of the day and temporary labor service agency, which shall | ||||||
| 23 | include the name of the agency, the name and address of the day | ||||||
| 24 | or temporary laborer, and the date and the time that the day or | ||||||
| 25 | temporary laborer receives the confirmation.
| ||||||
| 26 | (b) No day and temporary labor service agency may send any
| ||||||
| |||||||
| |||||||
| 1 | day or temporary laborer to any place
where a strike, a | ||||||
| 2 | lockout, or other labor trouble exists.
| ||||||
| 3 | (c) The
Department shall recommend to day and temporary | ||||||
| 4 | labor service
agencies that those agencies
employ personnel who | ||||||
| 5 | can effectively
communicate information required in | ||||||
| 6 | subsections (a) and (b) to day or
temporary laborers in
| ||||||
| 7 | Spanish, Polish, or any other language that is generally | ||||||
| 8 | understood in the locale of
the day and temporary labor service | ||||||
| 9 | agency.
| ||||||
| 10 | (Source: P.A. 93-375, eff. 1-1-04; 94-511, eff. 1-1-06; revised | ||||||
| 11 | 12-11-14.)
| ||||||
| 12 | Section 640. The Victims' Economic Security and Safety Act | ||||||
| 13 | is amended by changing Section 30 as follows:
| ||||||
| 14 | (820 ILCS 180/30)
| ||||||
| 15 | Sec. 30. Victims' employment sustainability; prohibited
| ||||||
| 16 | discriminatory acts. | ||||||
| 17 | (a) An employer shall not fail to hire, refuse to hire,
| ||||||
| 18 | discharge, constructively discharge, or harass any individual, | ||||||
| 19 | otherwise discriminate against any
individual with respect to | ||||||
| 20 | the compensation, terms, conditions, or
privileges of | ||||||
| 21 | employment of the individual, or retaliate against an
| ||||||
| 22 | individual in any form or manner, and a public agency shall not | ||||||
| 23 | deny,
reduce, or terminate the benefits of, otherwise sanction, | ||||||
| 24 | or harass any
individual, otherwise discriminate against any | ||||||
| |||||||
| |||||||
| 1 | individual with respect
to the amount, terms, or conditions of | ||||||
| 2 | public assistance of the
individual, or retaliate against an | ||||||
| 3 | individual in any form or manner,
because:
| ||||||
| 4 | (1) the individual involved:
| ||||||
| 5 | (A) is or is perceived to be a victim of domestic | ||||||
| 6 | or sexual
violence;
| ||||||
| 7 | (B) attended, participated in, prepared for, or | ||||||
| 8 | requested
leave to attend, participate in, or prepare | ||||||
| 9 | for a criminal
or civil court proceeding relating to an | ||||||
| 10 | incident of
domestic or sexual violence of which the | ||||||
| 11 | individual or a
family or household member of the | ||||||
| 12 | individual was a victim, or requested or took leave for | ||||||
| 13 | any other reason provided under Section 20;
or
| ||||||
| 14 | (C) requested an adjustment to a job structure, | ||||||
| 15 | workplace
facility, or work requirement, including a | ||||||
| 16 | transfer,
reassignment, or modified schedule, leave, a | ||||||
| 17 | changed
telephone number or seating assignment, | ||||||
| 18 | installation of a
lock, or implementation of a safety | ||||||
| 19 | procedure in response
to actual or threatened domestic | ||||||
| 20 | or sexual violence,
regardless of whether the request | ||||||
| 21 | was granted; or | ||||||
| 22 | (D) is an employee whose employer is subject to | ||||||
| 23 | Section 21 of the Workplace Violence Prevention Act; or
| ||||||
| 24 | (2) the workplace is disrupted or threatened by the | ||||||
| 25 | action of a
person whom the individual states has committed | ||||||
| 26 | or threatened to
commit domestic or sexual violence against | ||||||
| |||||||
| |||||||
| 1 | the individual or the
individual's family or household | ||||||
| 2 | member.
| ||||||
| 3 | (b) In this Section:
| ||||||
| 4 | (1) "Discriminate", used with respect to the terms, | ||||||
| 5 | conditions,
or privileges of employment or with respect to | ||||||
| 6 | the terms or
conditions of public assistance, includes not | ||||||
| 7 | making a reasonable
accommodation to the known limitations | ||||||
| 8 | resulting from
circumstances relating to being a victim of | ||||||
| 9 | domestic or sexual
violence or a family or household member | ||||||
| 10 | being a victim of
domestic or sexual violence of an | ||||||
| 11 | otherwise qualified individual:
| ||||||
| 12 | (A) who is:
| ||||||
| 13 | (i) an applicant or employee of the employer | ||||||
| 14 | (including a
public agency); or
| ||||||
| 15 | (ii) an applicant for or recipient of public | ||||||
| 16 | assistance
from a public agency; and
| ||||||
| 17 | (B) who is:
| ||||||
| 18 | (i) a victim of domestic or sexual violence; or
| ||||||
| 19 | (ii) with a family or household member who is a | ||||||
| 20 | victim of
domestic or sexual violence whose | ||||||
| 21 | interests are not adverse to
the individual in | ||||||
| 22 | subparagraph (A) as it relates to the domestic
or | ||||||
| 23 | sexual violence;
| ||||||
| 24 | unless the employer or public agency can demonstrate that | ||||||
| 25 | the
accommodation would impose an undue hardship on the | ||||||
| 26 | operation of
the employer or public agency.
| ||||||
| |||||||
| |||||||
| 1 | A reasonable accommodation must be made in a timely | ||||||
| 2 | fashion. Any exigent circumstances or danger facing the | ||||||
| 3 | employee or his or her family or household member shall be | ||||||
| 4 | considered in determining whether the accommodation is | ||||||
| 5 | reasonable. | ||||||
| 6 | (2) "Qualified individual" means:
| ||||||
| 7 | (A) in the case of an applicant or employee | ||||||
| 8 | described in
paragraph (1)(A)(i), an individual who, | ||||||
| 9 | but for being a
victim of domestic or sexual violence | ||||||
| 10 | or with a family or
household member who is a victim of | ||||||
| 11 | domestic or sexual
violence, can perform the essential | ||||||
| 12 | functions of the
employment position that such | ||||||
| 13 | individual holds or desires;
or
| ||||||
| 14 | (B) in the case of an applicant or recipient | ||||||
| 15 | described in
paragraph (1)(A)(ii), an individual who, | ||||||
| 16 | but for being a
victim of domestic or sexual violence | ||||||
| 17 | or with a family or
household member who is a victim of | ||||||
| 18 | domestic or sexual
violence, can satisfy the essential | ||||||
| 19 | requirements of the
program providing the public | ||||||
| 20 | assistance that the individual
receives or desires.
| ||||||
| 21 | (3) "Reasonable accommodation" may include an | ||||||
| 22 | adjustment to a job
structure, workplace facility, or work | ||||||
| 23 | requirement, including a
transfer, reassignment, or | ||||||
| 24 | modified schedule, leave, a changed
telephone number or | ||||||
| 25 | seating assignment, installation of a lock,
or | ||||||
| 26 | implementation of a safety procedure, or assistance in | ||||||
| |||||||
| |||||||
| 1 | documenting domestic or sexual violence that occurs at the | ||||||
| 2 | workplace or in work-related settings, in response to | ||||||
| 3 | actual or
threatened domestic or sexual violence.
| ||||||
| 4 | (4) Undue hardship.
| ||||||
| 5 | (A) In general. "Undue hardship" means an action | ||||||
| 6 | requiring
significant difficulty or expense, when | ||||||
| 7 | considered in light
of the factors set forth in | ||||||
| 8 | subparagraph (B).
| ||||||
| 9 | (B) Factors to be considered. In determining | ||||||
| 10 | whether a
reasonable accommodation would impose an | ||||||
| 11 | undue hardship on
the operation of an employer or | ||||||
| 12 | public agency, factors to
be considered include:
| ||||||
| 13 | (i) the nature and cost of the reasonable
| ||||||
| 14 | accommodation needed under this Section;
| ||||||
| 15 | (ii) the overall financial resources of the | ||||||
| 16 | facility
involved in the provision of the | ||||||
| 17 | reasonable
accommodation, the number of persons | ||||||
| 18 | employed at such
facility, the effect on expenses | ||||||
| 19 | and resources, or
the impact otherwise of such | ||||||
| 20 | accommodation on the
operation of the facility;
| ||||||
| 21 | (iii) the overall financial resources of the | ||||||
| 22 | employer
or public agency, the overall size of the | ||||||
| 23 | business of
an employer or public agency with | ||||||
| 24 | respect to the
number of employees of the employer | ||||||
| 25 | or public agency,
and the number, type, and | ||||||
| 26 | location of the facilities
of an employer or public | ||||||
| |||||||
| |||||||
| 1 | agency; and
| ||||||
| 2 | (iv) the type of operation of the employer or | ||||||
| 3 | public
agency, including the composition, | ||||||
| 4 | structure, and
functions of the workforce of the | ||||||
| 5 | employer or public
agency, the geographic | ||||||
| 6 | separateness of the facility
from the employer or | ||||||
| 7 | public agency, and the
administrative or fiscal | ||||||
| 8 | relationship of the facility
to the employer or | ||||||
| 9 | public agency.
| ||||||
| 10 | (c) An employer subject to Section 21 of the Workplace | ||||||
| 11 | Violence Prevention Act shall not violate any provisions of the | ||||||
| 12 | Workplace Violence Prevention Act. | ||||||
| 13 | (Source: P.A. 98-766, eff. 7-16-14; revised 12-11-14.)
| ||||||
| 14 | Section 645. The Workplace Violence Prevention Act is | ||||||
| 15 | amended by changing Section 5 as follows:
| ||||||
| 16 | (820 ILCS 275/5)
| ||||||
| 17 | Sec. 5. Purpose. This Act is intended to assist employers | ||||||
| 18 | in protecting their workforces its workforce, customers, | ||||||
| 19 | guests, and property by limiting access to workplace venues by | ||||||
| 20 | potentially violent individuals.
| ||||||
| 21 | (Source: P.A. 98-430, eff. 1-1-14; revised 12-11-14.)
| ||||||
| 22 | Section 650. The Workers' Compensation Act is amended by | ||||||
| 23 | changing Section 6 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| ||||||
| 2 | Sec. 6. (a) Every employer within the provisions of this | ||||||
| 3 | Act, shall,
under the rules and regulations prescribed by the | ||||||
| 4 | Commission, post
printed notices in their respective places of | ||||||
| 5 | employment in such number
and at such places as may be | ||||||
| 6 | determined by the Commission, containing
such information | ||||||
| 7 | relative to this Act as in the judgment of the
Commission may | ||||||
| 8 | be necessary to aid employees to safeguard their rights
under | ||||||
| 9 | this Act in event of injury.
| ||||||
| 10 | In addition thereto, the employer shall post in a | ||||||
| 11 | conspicuous place
on the place of the employment a printed or | ||||||
| 12 | typewritten notice stating
whether he is insured or whether he | ||||||
| 13 | has qualified and is operating as a
self-insured employer. In | ||||||
| 14 | the event the employer is insured, the notice
shall state the | ||||||
| 15 | name and address of his insurance carrier, the number of
the | ||||||
| 16 | insurance policy, its effective date and the date of | ||||||
| 17 | termination. In
the event of the termination of the policy for | ||||||
| 18 | any reason prior to the
termination date stated, the posted | ||||||
| 19 | notice shall promptly be corrected
accordingly. In the event | ||||||
| 20 | the employer is operating as a self-insured
employer the notice | ||||||
| 21 | shall state the name and address of the company, if
any, | ||||||
| 22 | servicing the compensation payments of the employer, and the | ||||||
| 23 | name
and address of the person in charge of making compensation | ||||||
| 24 | payments.
| ||||||
| 25 | (b) Every employer subject to this Act shall maintain | ||||||
| |||||||
| |||||||
| 1 | accurate
records of work-related deaths, injuries and illness | ||||||
| 2 | other than minor
injuries requiring only first aid treatment | ||||||
| 3 | and which do not involve
medical treatment, loss of | ||||||
| 4 | consciousness, restriction of work or motion,
or transfer to | ||||||
| 5 | another job and file with the Commission, in writing, a
report | ||||||
| 6 | of all accidental deaths, injuries and illnesses arising out of
| ||||||
| 7 | and in the course of the employment resulting in the loss of | ||||||
| 8 | more than
3 scheduled work days. In the case of death such | ||||||
| 9 | report shall be
made no later than 2 working days following the | ||||||
| 10 | accidental death. In
all other cases such report shall be made | ||||||
| 11 | between the 15th and 25th of
each month unless required to be | ||||||
| 12 | made sooner by rule of the Commission.
In case the injury | ||||||
| 13 | results in permanent disability, a further report
shall be made | ||||||
| 14 | as soon as it is determined that such permanent disability
has | ||||||
| 15 | resulted or will result from the injury. All reports shall | ||||||
| 16 | state
the date of the injury, including the time of day or | ||||||
| 17 | night, the nature
of the employer's business, the name, | ||||||
| 18 | address, age, sex, conjugal
condition of the injured person, | ||||||
| 19 | the specific occupation of the injured
person, the direct cause | ||||||
| 20 | of the injury and the nature of the accident,
the character of | ||||||
| 21 | the injury, the length of disability, and in case of
death the | ||||||
| 22 | length of disability before death, the wages of the injured
| ||||||
| 23 | person, whether compensation has been paid to the injured | ||||||
| 24 | person, or to
his or her legal representative or his heirs or | ||||||
| 25 | next of kin, the amount of
compensation paid, the amount paid | ||||||
| 26 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
| |||||||
| |||||||
| 1 | paid, and the amount paid for funeral or
burial expenses if | ||||||
| 2 | known. The reports shall be made on forms and in the
manner as | ||||||
| 3 | prescribed by the Commission and shall contain such further
| ||||||
| 4 | information as the Commission shall deem necessary and require. | ||||||
| 5 | The
making of these reports releases the employer from making | ||||||
| 6 | such reports
to any other officer of the State and shall | ||||||
| 7 | satisfy the reporting
provisions as contained in the Safety | ||||||
| 8 | Inspection and Education Act, the Health and Safety Act, and | ||||||
| 9 | the Occupational Safety and Health Act. The reports filed with | ||||||
| 10 | the
Commission pursuant to this Section shall be made available | ||||||
| 11 | by the
Commission to the Director of Labor or his | ||||||
| 12 | representatives and to all
other departments of the State of | ||||||
| 13 | Illinois which shall require such
information for the proper | ||||||
| 14 | discharge of their official duties. Failure
to file with the | ||||||
| 15 | Commission any of the reports required in this Section
is a | ||||||
| 16 | petty offense.
| ||||||
| 17 | Except as provided in this paragraph, all reports filed | ||||||
| 18 | hereunder shall
be confidential and any person
having access to | ||||||
| 19 | such records filed with the Illinois Workers' Compensation | ||||||
| 20 | Commission as
herein required, who shall release any | ||||||
| 21 | information therein contained
including the names or otherwise | ||||||
| 22 | identify any persons sustaining
injuries or disabilities, or | ||||||
| 23 | give access to such information to any
unauthorized person, | ||||||
| 24 | shall be subject to discipline or discharge, and in
addition | ||||||
| 25 | shall be guilty of a Class B misdemeanor. The Commission shall
| ||||||
| 26 | compile and distribute to interested persons aggregate | ||||||
| |||||||
| |||||||
| 1 | statistics, taken
from the reports filed hereunder. The | ||||||
| 2 | aggregate statistics shall not give
the names or otherwise | ||||||
| 3 | identify persons sustaining injuries or disabilities
or the | ||||||
| 4 | employer of any injured or disabled person.
| ||||||
| 5 | (c) Notice of the accident shall be given to the employer | ||||||
| 6 | as soon as
practicable, but not later than 45 days after the | ||||||
| 7 | accident. Provided:
| ||||||
| 8 | (1) In case of the legal disability of the employee
or | ||||||
| 9 | any dependent of a
deceased employee who may be entitled to | ||||||
| 10 | compensation under the
provisions of this Act, the | ||||||
| 11 | limitations of time by this Act provided do
not begin to | ||||||
| 12 | run against such person under legal disability
until a
| ||||||
| 13 | guardian has been appointed.
| ||||||
| 14 | (2) In cases of injuries sustained by exposure to | ||||||
| 15 | radiological
materials or equipment, notice shall be given | ||||||
| 16 | to the employer within 90
days subsequent to the time that | ||||||
| 17 | the employee knows or suspects that he
has received an | ||||||
| 18 | excessive dose of radiation.
| ||||||
| 19 | No defect or inaccuracy of such notice shall be a bar to | ||||||
| 20 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
| 21 | the employee
unless the employer proves that he is unduly | ||||||
| 22 | prejudiced in such
proceedings by such defect or inaccuracy.
| ||||||
| 23 | Notice of the accident shall give the approximate date and | ||||||
| 24 | place of
the accident, if known, and may be given orally or in | ||||||
| 25 | writing.
| ||||||
| 26 | (d) Every employer shall notify each injured employee who | ||||||
| |||||||
| |||||||
| 1 | has been
granted compensation under the provisions of Section 8 | ||||||
| 2 | of this Act
of his rights to rehabilitation services and advise | ||||||
| 3 | him of the locations
of available public rehabilitation centers | ||||||
| 4 | and any other such services
of which the employer has | ||||||
| 5 | knowledge.
| ||||||
| 6 | In any case, other than one where the injury was caused by | ||||||
| 7 | exposure
to radiological materials or equipment or asbestos | ||||||
| 8 | unless the application for
compensation is filed with the | ||||||
| 9 | Commission within 3 years after the date
of the accident, where | ||||||
| 10 | no compensation has been paid, or within 2 years
after the date | ||||||
| 11 | of the last payment of compensation, where any has been
paid, | ||||||
| 12 | whichever shall be later, the right to file such application | ||||||
| 13 | shall
be barred.
| ||||||
| 14 | In any case of injury caused by exposure to radiological | ||||||
| 15 | materials or
equipment or asbestos, unless application for | ||||||
| 16 | compensation is filed with the
Commission within 25 years after | ||||||
| 17 | the last day that the employee was
employed in an environment | ||||||
| 18 | of hazardous radiological activity or asbestos,
the right to | ||||||
| 19 | file such application shall be barred.
| ||||||
| 20 | If in any case except one where the injury was caused by | ||||||
| 21 | exposure to
radiological materials or equipment or asbestos, | ||||||
| 22 | the accidental injury
results in death application for | ||||||
| 23 | compensation for death may be filed with the
Commission within | ||||||
| 24 | 3 years after the date of death where no compensation
has been | ||||||
| 25 | paid or within 2 years after the date of the last payment of
| ||||||
| 26 | compensation where any has been paid, whichever shall be later, | ||||||
| |||||||
| |||||||
| 1 | but not
thereafter.
| ||||||
| 2 | If an accidental injury caused by exposure to radiological | ||||||
| 3 | material
or equipment or asbestos results in death within 25 | ||||||
| 4 | years after the last
day that the employee was so exposed | ||||||
| 5 | application for compensation for death may
be filed with the | ||||||
| 6 | Commission within 3 years after the date of death,
where no | ||||||
| 7 | compensation has been paid, or within 2 years after the date of
| ||||||
| 8 | the last payment of compensation where any has been paid, | ||||||
| 9 | whichever
shall be later, but not thereafter.
| ||||||
| 10 | (e) Any contract or agreement made by any employer or his | ||||||
| 11 | agent or
attorney with any employee or any other beneficiary of | ||||||
| 12 | any claim under
the provisions of this Act within 7 days after | ||||||
| 13 | the injury shall be
presumed to be fraudulent.
| ||||||
| 14 | (f) Any condition or impairment of health of an employee | ||||||
| 15 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
| 16 | emergency medical technician-intermediate (EMT-I), advanced | ||||||
| 17 | emergency medical technician (A-EMT), or paramedic which | ||||||
| 18 | results
directly or indirectly from any bloodborne pathogen, | ||||||
| 19 | lung or respiratory
disease
or condition, heart
or vascular | ||||||
| 20 | disease or condition, hypertension, tuberculosis, or cancer
| ||||||
| 21 | resulting in any disability (temporary, permanent, total, or | ||||||
| 22 | partial) to the
employee shall be rebuttably presumed to arise | ||||||
| 23 | out of and in the course of
the employee's firefighting, EMT, | ||||||
| 24 | or paramedic employment and, further, shall
be
rebuttably | ||||||
| 25 | presumed to be causally connected to the hazards or exposures | ||||||
| 26 | of
the employment. This presumption shall also apply to any | ||||||
| |||||||
| |||||||
| 1 | hernia or hearing
loss suffered by an employee employed as a | ||||||
| 2 | firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, this | ||||||
| 3 | presumption shall not apply to any employee who has been | ||||||
| 4 | employed
as a firefighter, EMT, or paramedic for less than 5 | ||||||
| 5 | years at the time he or she files an Application for Adjustment | ||||||
| 6 | of Claim concerning this condition or impairment with the | ||||||
| 7 | Illinois Workers' Compensation Commission. The rebuttable | ||||||
| 8 | presumption established under this subsection, however, does | ||||||
| 9 | not apply to an emergency medical technician (EMT), emergency | ||||||
| 10 | medical technician-intermediate (EMT-I), advanced emergency | ||||||
| 11 | medical technician (A-EMT), or paramedic employed by a private | ||||||
| 12 | employer if the employee spends the preponderance of his or her | ||||||
| 13 | work time for that employer engaged in medical transfers | ||||||
| 14 | between medical care facilities or non-emergency medical | ||||||
| 15 | transfers to or from medical care facilities. The changes made | ||||||
| 16 | to this subsection by Public Act 98-291 shall be narrowly | ||||||
| 17 | construed. The Finding and Decision of the Illinois Workers' | ||||||
| 18 | Compensation Commission under only the rebuttable presumption | ||||||
| 19 | provision of this subsection shall not be admissible or be | ||||||
| 20 | deemed res judicata in any disability claim under the Illinois | ||||||
| 21 | Pension Code arising out of the same medical condition; | ||||||
| 22 | however, this sentence makes no change to the law set forth in | ||||||
| 23 | Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||||||
| 24 | (Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973, | ||||||
| 25 | eff. 8-15-14; revised 10-1-14.)
| ||||||
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| 1 | Section 995. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||